HomeMy Public PortalAboutReq of Chapter 304 of Acts of 2004 E
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quiremen
Section 5
� of Chapter 304
Acts of 2004
` L c. 148, s266112
Sprinkler Retrofit Requirements
Overview
Focus on retrofit provisions
z . Enforced by head of the fire department
3 . Appellate Jurisdiction of the Automatic
Sprinkler Appeals Board
4 Board 's Interpretive document in context 2d .
pars)
Raf rofit Sprinkler Requirements
Every building or structure, or portions thereof, of a
public assembly,
Which existed as of the effective date of the Law (11 -
15-04) or for which an approved building permit was
issued before December 1 , 2004
3. With a capacity of 100 persons or more
4. Designed or used for occupancy as a nightclub, dance
hall , discotheque, bar, or for similar entertainment
purposes shall be protected throughout with an
adequate system of automatic sprinklers,
in accordance with the state building code. 71 t - --
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Enforr.w.ement responsibilities
1 . Existing buildings
• Head of the fire department
• In existence as of 11 /15/04 or
• Approved building permit issued before December 1 ,
2004
2. New construction or substantial alterations
• Building Inspector
• Approved permits after December 1 , 2004 � _
What parts of a building need to
have an "adequate system cr
nKiers
That portion of the building used or
designed as a nightclub, dance hall ,
discotheque, bar, or for similar entertainment
purposes and
All rooms, lobbies, and other spaces
connected to said portion , including all
means of egress and entrances. _ -
What is an "Adequate System
of automatic Sprinkler ?"
By statutory definition in the State Building Code:
A working automatic sprinkler system
Fire alarm system control equipment which
provides notice of an emergency with a place of
assembly
3. Adequate monitoring of, and reporting of any
activation of the automatic sprinkler system and
fire alarm equipment, in accordance with the State
Building Code in effect at the time of installatiorLof
such system and equipment.
The standards in the 6t" Edition of the State
Building Code. National Fire Protection
Association ) NFPA- 13 , 2002 Edition , entitled
" Installation of Sprinkler Systems" and NFPA-
72 , 2002 Edition , entitled "National Fire Alarm
Code ."
Verify compliance .
Alternative or modified design and installation
methods under unique circumstances.
Statutory Compliance Timeline
(see Ch-304, s. 11 , St-2004)
5115106 - Plans and specifications
11 /15107 - Installation
Automatic Sprinkler Appeals
Board Recommended Actions
1 . Preliminary determinations and notice
of requirements and timelines
2 . Issue an Order of Notice
� mni}AmA Extension Allowance
n fe 1 year)
1 . Timely plan & specifications submittal
2 . existing contract
3 . Documentation that owner did not
cause the delay of installation
1 . Accelerated tax depreciation
deductions
2 . The Secretary of the Executive Office
of Economic Affairs recommendations
by 6- 1 -05
What is a nightclub, dance
hall , discotheque or bar?.
Not provided by statute:
Heads of fire departments should use best and
reasonable discretion
Consistency, fairness, based upon specific factors
that exist for the particular building .
Some basic rules of statutory construction :
1 . The common and usual meaning of these
terms,
2 . The legislative intent of the new
statute should be considered .
Sprinkler Appeals Board Role
1 . Statutory Appellate Jurisdiction
2 . Authority to issue interpretations
(a) Through decision making process
(b) Issuance of reasonable interpretations
pursuant to authority granted by M . G . L.
c.6 , s 201
Sprinkler Appeals Board Role:
,he Advisory in Cortext
"This document is not intended to be the final
word on this matter or to be a substitute for a
good faith reasonable interpretation of the
statute by the head of the fire department.
In determining whether a building is subject
to this law, the chief should make fair,
consistent and well-reasoned determinations
based upon the reading of the law and
specific factors that exist for a particular
building ."
Basis for Board's Interpretation
1 . Legislative history:
Rhode Island nightclub fire of 2-20-03
➢Task Force, and the Legislative Joint Committee on
Public Safety held hearings. (Board's participation )
Identified establishments create potentially
dangerous situation for occupants
Examples: loud noise, low lighting levels, distraction
caused by entertainment or dancing activity,
crowded occupancy or a diminished - - -
capacity due to alcohol consumption . �
Basis for Interp :za-w on Cont.
2. "Nightclub" and "Dance Hall" : A-2 use group classification
found in the 6t" Edition of the Massachusetts Building Code(780
CM R 303.3).
3. Commentary documents relating to the A-2 use group
definitions used in the nationally recognized model code are
characterized by the following factors:
a No theatrical stage accessories other than raised platform;
b. Low lighting levels;
c. Entertainment by a live band or recorded music generating above-
normal sound levels;
d. Later-than-average operating hours;
e Tables and seating arranged or positioned so as to create ill defined
aisles;
A specific area designated for dancing; ---
Service facilities primarily for alcoholic beverages
with limited food service; and
High occupant load density.
Racic for Interpretai, on (cont.)
Not necessarily A-2, but factors typical of "A-2 type"
occupancies:
Not all-inclusive
Applied individually or in combination
Unique characteristics of the building
Not bound by classification of a particular building
as an A-2 occupancy under the 6t" Edition of the
Building Code.
Don't necessarily rely on A-2 classification
Build prior to building code ( 1975)Changed use or design of building - �� -
Are there specific exemptions from
the enhanced sprinkler requirements
for certain existing buildings?
Buildings ,structures or portions thereof "used
principally" as :
Houses of worship
:) Restaurants
:) Lecture halls
"Auditoriums
ZState or local government buildings
educational function facility - -
:) Or other similar places of '
assembly
1
Such Places Totally
Prohibited?
Temporary use may be allowed
"Temporary" — not often , regular or routine use
By permit at reasonable discretion of head of
fire department
Terms & Conditions
In consultation with building inspector
.,..
What About Combination
Bars/N ig htcl u bs/Restau rants
It depends.
If just temporary, use may allowed by
permit
If regularly or routinely used as both , H of
FID use best and reasonable discretion to
determine if it is "principally" used or not.
Appeals Board � � jr
Not necessarily all inclusive:
Regularly and routinely serve meals on a daily basis
(typical establishment used principally as a restaurant)
More than just a restaurant?
Bar area & bar tender for serving alcohol
➢ Bar area capable of expansion into restaurant area
➢ Continuously served alcohol after kitchen facilities closed
➢ Live or recorded music for dancing/viewing purposes
Special entertainment (ex: theater, comedy,sports
viewing)
Expectation of customers ; r
Function facilities available
Entertainment license � ,�
Fraternal , Social or Non-profit
organizations
No specific exemptions
Depends upon how the building is being
"principally used"
Meetings only?
Regularly rented out for functions?
Temporary use
_
Building linspocti s Roles
Sole jurisdiction of H of FD to enforce the retrofit provisions
New and substantially altered buildings after 12/1 /04 only
enforced by building inspector
Cooperation with building inspector is encouraged to assist in
determining building classification
Plans and specifications to both the head of the fire
department and the building inspector
Temporary use permits issued in consultation with building
inspector
Existing nightclubs, bars etc. not required to be retrofitted by
11 /15/07 -
Maximum capacity violators
Filing A�
➢ Must be filed with 45 days after receiving
service of notice of the head of the fire
department's determination
Requires submission of a application form
and a copy of H of F . D . written determination .
$ 100 .00 filing fee
Requires written explanation of relief
requested
- -
Board Hearings
Board hearings
➢ 5 member board
➢ Informal rules of evidence
Requires presence of appellant and H
of FD or designees/agent
➢ Be prepared '.