§ 26-16-3. Amendments to the International Fire Code/2009.

The following amendments are hereby made to the International Fire Code/2009 as adopted by Section 26-16-1:

(a)

Insert the words "City of Concord in place of "[name of jurisdiction]" in Section "101.1 Title."

(b)

Amend Section "102.10 Conflicting provisions" by adding the following second sentence to the single paragraph in that Section:

"Where conflict exists between this Fire Prevention Code and Article 26-18 Life Safety Code of this Ordinance, the greatest restriction or requirement shall prevail."

(c)

Delete Section "103.1 General" in its entirety and insert in its place the following Section:

"103.1 General: All references to 'the Department of Fire Prevention' and to the 'Code Official' shall mean the City Manager or the City Manager's designee."

(d)

Amend Section "105.1.1 Permits required" by adding the following fourth sentence to the single paragraph in that Section:

"Permits shall be obtained from the Code Official for all activities and uses listed within this Code and this Article. If any fire protection system is installed or if any permitted use is initiated without issuance of a required Fire Prevention Permit, then the installer, building owner, or occupant shall be guilty of violation."

(e)

Delete Sections "108.1 Board of appeals established" through "108.3 Administration in their entireties and insert in place thereof the following Section:

"108.1 Means of Appeal: Appeals from any decision of the Code Official made under the provision of this code shall be to the Board of Appeals established by Article 26-4, of the Building Code and shall be governed by the provisions of that Article and RSA 673, 674 and 677."

(f)

Delete Section "109.2 Notice of violation" including Subsections 109.2.1 "Service" through "109.2.4 Unauthorized Tampering" in their entireties and insert in place thereof the following Sections:

"109.2 Violations: Whenever a violation of this Fire Prevention Code occurs or is alleged to occur, any person may file a written complaint. Such complaint stating fully the cause and basis thereof, shall be filed with and recorded by the Fire Code Official. Upon being informed of a possible violation or upon personal initiative, the Fire Code Official may make or cause to be made an investigation of the alleged violation. If the Fire Code Official determines that there is a violation, the Fire Code Official may issue an order to the person responsible for the violation as provided for in RSA 676:17-a that the violator cease and desist or otherwise abate said violation or may give notice as provided for in RSA 676:17-b informing the person responsible that a violation exists and ordering that the violator abate said violation within a reasonable time determined by the Fire Code Official. If after such notice and order such violation has not been abated within the time specified, the Fire Code Official may institute injunction, abatement, or other appropriate action as provided for in RSA 676:15, to enjoin, abate or remove said violation, or may issue a summons as provided for in RSA 676:17, or may issue a citation as provided for in RSA 676:17-b, or any combination of the three."

(g)

Delete Sections "109.3 Violation penalties" and "109.3.1 Abatement of violation" in their entireties and insert in place thereof the following Sections:

"109.3 Penalties: Any person or corporation, whether as a principal, agent, occupant, employee, or otherwise who violates any provisions of this Property Maintenance Code shall pay a civil penalty for each offense not to exceed the limits as prescribed in RSA 676:17,I(b)."

"109.4 Abatement: The imposition of the penalties herein prescribed shall not preclude the City Solicitor from instituting an appropriate action or proceeding to prevent an unlawful use or maintenance, or to restrain, correct or abate a violation, or to prevent the occupancy of a building or structure or portion thereof, or of the premises, or to prevent an illegal act, conduct business or use in or about any premises."

"109.5 Disregard of notice: Any person who has been issued an unsafe notice or a notice of violation and who refuses or neglects to comply with the requirements therein shall be guilty of a separate offense for failure to comply and shall be subject to the penalties and abatement procedures of Sections 109.2, 109.3 and 109.4."

(h)

Insert the additional new Sections "110.5 Unlawful continuance" and 110.6 Disregard of notice" as follows::

"110.5 Unlawful continuance: Any person who refuses to leave, interferes with the evacuation of other occupants, or continues any operation after having been given an evacuation order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be of a separate offense for failure to comply with the order and shall be subject to the penalties and abatement procedures of Sections 109.2, 109.3 and 109.4."

"110.6 Disregard of notice: Any person who has been issued an unsafe notice or a notice of violation and who refuses or neglects to comply with the requirements therein shall be guilty of a separate offense for failure to comply and shall be subject to the penalties and abatement procedures of Section s 109.2, 109.3 and 109.4."

(i)

Delete Section "111.4 Failure to comply" in its entirety and insert in its place the following Section:

"111.4 Failure to comply: Any person who has been issued a stop work order or a notice of violation and who shall continue any work, except such work as that person is directed to perform to remove a violation or unsafe condition, or who otherwise fails, refuses or neglects to comply with the requirements therein, shall be guilty of a separate offense for failure to comply and shall be subject to the penalties and abatement procedures of Sections 109.2, 109.3, and 109.4."

(j)

Insert the additional new Section "503.1.4 Designation" as follows:

"503.1.4 Designation: The Fire Code Official shall establish minimum acceptable standards for fire lanes and shall designate locations for both public and private fire lanes. The fire lanes so designated shall be listed in a schedule and maintained on file in the City Clerk's Office in accordance Title II, Traffic Code, Article 18, Parking Section 18-1-15, Fire Lanes, of the Concord Code of Ordinances. The owner of property encumbered by a fire lane shall post and maintain signs and roadway markings approved by the Fire Code Official."

(k)

Insert the additional new section "506.1 Emergency access, security locking systems" as follows:

"506.1 Emergency access, security locking systems: A person shall not sell, occupy, or permit another to occupy any newly constructed building or sell an existing building that does not have installed an approved key box system. The Code Administrator shall not issue a Certificate of Change of Occupancy for an existing building until an approved key box system has been installed. This section shall not apply to residential dwellings containing less than four (4) dwelling units."

"Key box: The key box shall be of a UL type approved by the Fire Chief. It shall be installed in a location approved by the Fire Chief and shall contain the following:

(1)

Keys to locked points of egress whether on the interior or exterior of such buildings.

(2)

The keys to locked mechanical equipment rooms.

(3)

The keys to locked electrical rooms.

(4)

Keys to elevator controls.

(5)

Keys to other areas as directed by the Fire Chief or his designee."

"Affected occupancies: Key boxes shall be required in the following occupancies:

Buildings with monitored fire alarm systems.

Assembly uses.

Education uses (excluding day care centers with 12 or fewer children in residential occupancy).

Healthcare uses.

Detention and correctional facilities.

Hotels, motels and dormitories.

Apartment buildings (greater than 3 tenant spaces).

Lodging and rooming houses.

Residential board and care homes.

Mercantile uses.

Business uses.

Industrial uses.

Storage uses.

High rise buildings.

or as per Fire Alarm System Regulations."

(k)

Insert the additional new Section "503.1.4 Designation" as follows:

"503.1.4 Designation: The Code Official shall establish minimum acceptable standards for fire lanes and shall designate locations for both public and private fire lanes. The fire lanes so designated shall be listed in a schedule and maintained on file in the City Clerk's Office in accordance Title II, Traffic Code, Article 18, Parking Section 18-1-15, Fire Lanes, of the Concord Code of Ordinances. The owner of property encumbered by a fire lane shall post and maintain signs and roadway markings approved by the Code Official."

(l)

Insert the additional new Sections "603.5.3 Nonflue-connected stoves and space heaters" and "603.5.4 Gravity oil supply tanks" as follows:

"603.5.3 Nonflue-connected stoves and space heaters: A permit system in accordance with RSA 31:60-a is hereby established to be administered under the direction of the Fire Code Official. A permit shall be required for the use of any nonflue-connected space heater in any building intended for use as an occupied dwelling unit. No person shall use, or allow to be used, a nonflue-connected liquid or solid fuel space heater in any multifamily dwelling unit."

"603.5.4 Gravity oil supply tanks: Gravity oil supply tanks installed in any stove or space heater shall be metal and shall not exceed one three gallon tank."

(m)

Insert the additional new Sections "901.10 Alarm systems", "901.10.1 Alarm Regulations," "901.10.2 Alarm monitoring location," and "901.10.3 Waivers" as follows:

"901.10 Alarm systems."

"901.10.1 Rules and regulations. The Fire Code Official is authorized to issue rules and regulations for the installation, modification, addition, renovation, removal, disabling, operation, or maintenance of any private fire alarm system. These regulations shall address: reliability; ease of operation and understanding of the private system; compatibility with Fire Department operations and equipment; protection of consumers with regard to system quality; reduction of needless alarms; design parameters; connection to Municipal Fire Alarm circuit or central station monitoring location."

"901.10.2 Connections. Any person who fails to connect a private fire alarm system to the alarm monitoring location as required by this Ordinance (Section) or a person who connects a private fire alarm system to the municipal fire alarm system without having obtained the permission of the Fire Code Official or who alters a system so that it no longer complies with regulations issued pursuant to this section shall be deemed to be in violation of this Ordinance."

"901.10.3 Waivers. The Fire Code Official may waive the requirements or portions of the requirements if in the Fire Code Official's sole discretion the Fire Code Official finds that unusual conditions exist that make the installation connection impracticable."

(n)

Amend Section "903.2.13 Other required suppression systems, by adding "Section 2204 Dispensing Operations" to Table 903.2.11.6 Additional Required Fire Suppression Systems."

(o)

Insert the additional new Section "2204.5 Dispensing operation suppression requirements" as follows:

"2204.5 Dispensing operations fire extinguisher system requirements: A fixed-fire-extinguisher system shall be installed to cover the entire fuel dispensing area to the satisfaction of the Fire Code Official. The system shall be capable of being activated both manually and automatically. The manual triggering devices shall be in a remote location not more than seventy-five feet (75') from the dispensers. The system shall be designed and installed so that activation shall automatically cut off power to the pump dispensing devices, and shall include monitoring devices showing the condition of the system at all times."

(p)

Add the following new definition at the end of Section "3802.1 Definitions" as follows:

"Liquefied petroleum gas equipment: All containers, apparatus, piping, and equipment, except utility distribution piping system, required for the storage and handling of liquefied petroleum gas. Gas consuming appliances shall not be considered as liquefied petroleum gas equipment.

(Ord. No. 2132, § 1, 9-12-94; Ord. No. 2298, §§ I, II, 3-8-99; Ord. No. 2448, §§ I—III, 2-13-03; Ord. No. 2503, §§ I—III, 8-11-03; Ord. No. 2507, § III, 9-15-03; Ord. No. 2696, § VIII, 3-10-08; Ord. No. 2946, § II, 7-15-15)