Article 01: Fire Prevention Code

68-1.    Scope

1.1       This article provides code requirements for fire prevention as well as emergency response to fires and other emergencies. 

68-2.    Definitions

2.1       Whenever the term “Authority Having Jurisdiction” or the abbreviation “AHJ” is used in the Fire Prevention Code, it will mean the Chief of the Durham Fire Department or his designated agent.

2.2       The term “Confined Space” means a space which a person may fully enter to perform work but is not designed for continuous occupancy and/or has a limited or restricted means of entry or exit such as, but not limited to, underground vaults, tanks, storage bins, pits and diked areas, vessels, silos and similar areas.  All spaces that contain or have the potential to contain a hazardous atmosphere, material with the potential to engulf someone or has a configuration that might cause someone to be trapped or asphyxiated is considered a Confined Space.

68-3.    Adoption of Standards

3.1       This Fire Prevention Code incorporates the New Hampshire Fire Code as adopted by the State of New Hampshire pursuant to RSA 153:4-a and 153:-5, and are hereby adopted and incorporated as fully as if set out at length herein. Whenever the New Hampshire Fire Code as referenced herein and this Fire Prevention Code address an identical issue, the more stringent fire protection provision will apply.

68-4.    Additions and amendments

The current NFPA National Fire Prevention Code is amended as follows:

4.1       The grade, surface and location of fire lanes shall be approved by the Authority Having Jurisdiction.

4-2       For a fire lane more than 500 feet in length the fire lane shall be at least 26 feet in width, unless there is access from both ends of the fire lane as approved by the authority having jurisdiction. Fire lanes shall give access to buildings at each grade level where egress occurs subject to the approval of the authority having jurisdiction.

Exception No. 1: T or Y turnaround arrangements shall be permitted.

Exception No. 2: When acceptable to the authority having jurisdiction, turnaround arrangements other than cul-de-sac shall be permitted to be used.

4.3       Adjacent to fire hydrants, fire lanes shall be a minimum of 26 feet in width, and that width shall be maintained 20 feet in either direction from the fire hydrant.

4.4       The minimum inside turning roadway radius shall be 30 feet.  The minimum outside radius shall be 56 feet.  These requirements mandate a 26 foot wide fire lane if the sharpest turning radii are used.

4.5       Maximum grades for access roadway shall be as follows:

Concrete surfaces:  15%

Asphalt surfaces:    12%

Other:      8%               

4.6       Where a bridge is required to be used as access, it shall be constructed and maintained using live design loading sufficient to carry the imposed loads of the fire apparatus. Where an elevated surface is used as access, that portion utilized by fire apparatus shall be constructed and maintained to accommodate fire apparatus.

4.7       Fire lanes shall be marked with freestanding signs and marked curbs, sidewalks, or other traffic surfaces that have the words FIRE LANE – NO PARKING painted in contrasting colors at a size and spacing approved by the authority having jurisdiction. Exception: Surface marking is not required on certain surfaces such as gravel and dirt surfaces, pavers, or decorative surfaces as determined by the Authority Having Jurisdiction. Freestanding signs are still required under this exception.

4.7.1    The entrance to all required Fire Lanes shall be posted with an approved sign.  Signs shall be posted along the entire access road with not more than 100 feet between signs.  The placing of signs shall be subject to the approval of the authority having jurisdiction.             

4.7.2    When applicable, all curbing which outlines the fire lane shall be painted yellow.  Contrasting color lettering reading, “No Parking-Fire Lane” shall be placed every 30 feet on said curbing.  Such lettering shall be a minimum of 4 inches tall.  Additional yellow striping of fire lanes may be required.  The minimum width of this yellow striping shall be 8 inches wide with white lettering reading, “No Parking-Fire Lane”, with characters being at least 12 inches tall and 1 1/2 inches in stroke.

4.7.3    Fire Department access areas for appliances, such as hydrants, standpipe inlets, sprinkler valves, etc., shall be marked in an approved manner subject to the approval of the authority having jurisdiction.

4.7.4    It is the responsibility of the local law enforcement agency and/or the property owner to enforce state and local regulations regarding obstruction of fire lanes.

4.7.5    The following locations are designated fire lanes:

Town Fire Lanes

a.     Mill Road Plaza - entire front side of buildings, lane leading to rear of Phase I loading dock and lane behind Phase II.

b.    Alley (entire width) between 38 and 44 Main Street.

c.     Jenkins Court (entire width) at 14 Jenkins Court where the sidewalk extension narrows the road way.

d.    Oyster River High School driveway along the entire front of the building, the entire rear access driveway and the northeast driveway.

e.     Oyster River Middle School driveway along Dennison Road to the main entrance and out to Garrison Avenue Extension, along rear of building, around gymnasium.

f.     Smith Park Lane adjacent to Community Church from Main Street to Mill Pond Road.

g.    St. Thomas Moore Church, between Church and Youth Center.

h.    Church Hill Road from Mill Pond Road to Smith Park Lane.

i.     4-6 Main Street in front of apartment building.

j.     Bagdad Woods Apartments, circular drive at front entrance.

k.    Reserved.

l.     Access to dry fire hydrant on Newmarket Road on the property, now or formerly of Ernest Cutter.

m.   Church Hill Apartments driveway including cul-de-sac, designated parking places exempted.

n.    Adjacent to the southeast side of the Community Church brick annex.

o.    Davis Court, both sides.

p.    Madbury Court, both sides.

q.    3 Madbury Road along the building from Madbury Road to five (5) feet beyond the fire department sprinkler connection.

r.     Ross Road twenty (20) feet either side of the dry fire hydrant.

s.     Old Piscataqua Road (entire width of road and southerly shoulder) along the entire length of the outdoor ice rink.

t.     Access driveway and cul-de-sac (entire width) to Wagon Hill Farm.

u.    Driveway, entire width) to Henry Davis Grange Building, 37 Main Street.

v.    Fox Hill Road twenty (20) feet either side of the dry fire hydrant.

University of New Hampshire Fire lanes:

The Durham Fire Chief shall, by State statute, designate fire lanes on University of New Hampshire property located within the boundaries of the Town of Durham.

4.7.6    Fire lanes shall be maintained free of all obstructions at all times. Exception: Approved security gates and other movable barriers.

4.7.7    Fire lanes are designated by the Town Council or by Planning Board site plan review in consultation with the Authority Having Jurisdiction.

4.8       Fire Protection Markings. Designation of Building Numbers, Property Numbers and Street Names.

4.8.1    Premises Identification. New and existing buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numeric digits and alphabet letters as appropriate.

4.8.1.1 Building and Property Numbers.  Building and property numbers shall be  designated by the Fire Department “Property Index Maps”.  The Planning Board will submit numbering assignments to the Authority Having Jurisdiction for approval. Once approved, such assignment shall become incorporated in the Fire Department Property Index Maps.

4.8.2    Scope.  Every dwelling, building or structure existing on the date of adoption has been or shall be assigned a street number by the Fire Department, shall be required to have such number upon such dwelling, building or structure or upon the property where such improvements exist, so as to be plainly visible and legible from the street or way which accesses the main entrance to such property.

4.8.3   Number Size to be Affixed.  For any building or structure to which a number has been or shall be assigned, the number shall be of a size which is legible by normal standards from the street or way which accesses the main entrance to such property,  but in no case shall it be less than three (3) inches in height, two (2) inches in width [(except the numeral one (1)], and three eighths (3/8) inch in principle stroke.

4.8.4    Location of Building or Property Numbers.  Numbers shall be plainly visible from the street or way which accesses the property at the main entrance to such property in one of the following locations:

a.     On or in the vicinity of the front door or main entrance.

b.    On the corner of the structure closest to the street, or

c.     At the base of the driveway.  Note:  Numbers are acceptable on mail boxes only if the mailbox clearly identifies the property to which it belongs, and numbers are visible from both directions of approach.

4.8.5    New Buildings and Additions.  The owner of any property seeking a building permit shall apply for, prior to his/her receiving occupancy, a building number and have said number affixed to or posted upon such property.

4.8.6    Unauthorized Building Numbers Prohibited.  No person shall affix, post, allow, or permit to be affixed or posted a number upon a building other than the street address as designated by the Fire Department. Exceptions:

a.     Dates affixed for historical purposes in such a manner so as not to be confused as a street address.

b.    Other numbers less than one-half (1/2) inch in height in such a manner so as not to be confused as a street address.

4.9       Street Names.  All new street and road names shall be approved by the Authority Having Jurisdiction prior to placement of signage.         

4.9.1    Other signs shall not be displayed that may result in street name confusion as determined by the Authority Having Jurisdiction.

68-5.    Conflicts with other provisions

5.1       When regulations herein conflict with other adopted codes or regulations, the more stringent provision or requirement will apply as Determined by the Authority Having Jurisdiction.

68-6.    Permits and Approvals

6.1       The authority having jurisdiction shall be authorized to establish and issue permits, certificates, notices, and approvals, or orders pertaining to fire control and fire hazards pursuant to this section.

6.2       Applications for permits shall be made to the authority having jurisdiction on forms provided by the jurisdiction and shall include the applicant’s answers in full to inquiries set forth on such forms. Applications for permits shall be accompanied by such data as required by the authority having jurisdiction and fees as required by the jurisdiction.

6.3       Fees for permits, inspections and reports pertaining to fire control, fire hazards, incident response fire investigation and life safety are established  in the Town’s Master Fee Schedule, as amended on occasion.

6.4       Review by the authority having jurisdiction shall not relieve the applicant of the responsibility of compliance with this code.

6.4.1    When required by the authority having jurisdiction revised construction documents or shop drawings shall be prepared and submitted for review to illustrate corrections or modifications necessitated by field conditions or other revisions to previously reviewed plans.

 6.4.2   Independent Review. The authority having jurisdiction shall be permitted to require a review by a mutually acceptable independent third party with expertise in the matter to be reviewed at the submitter’s expense. The independent reviewer shall provide an evaluation and recommend necessary changes of the proposed design, operation, process or new technology to the authority having jurisdiction.

6.4.3    Fire Protection Systems Progress and assemblies/Acceptance Inspections. 

            During the course of new construction or renovation it may be necessary to conduct a progress/acceptance inspection to continue with construction. Any failure of a fire protection system component or assembly during a scheduled inspection will result in the failure of the inspection and allow for one re-inspection. The cost associated with any subsequent re-inspection will be billed to the responsible party established in the Master Fee Schedule.

6.4.4    All work conducted under this Chapter must meet the minimum requirements set forth under all applicable federal, state, and local requirements. Failure to meet any of these requirements may subject to fees and fines as established in the Town’s Master Fee Schedule as amended on occasion.

6.4.5    It is the responsibility of the company or entity conducting such work to obtain all necessary permits and approvals, and to schedule all required inspections prior to concealment of equipment and devices, and obtain approval upon completion of work prior to placing the system or portion of the system into service or proceeding with the proposed function or activity.

6.5       Acceptance of Plans and Installations

6.5.1    Automatic Sprinkler Systems

6.5.1.1       Maintenance, Installation and modification of automatic fire suppression systems will be conducted only after a permit has been obtained from the fire department.

6.5.1.2       Any failure of the final acceptance test for new sprinkler systems indicates the system has failed and one re-test shall be scheduled. The cost associated with the any additional re-test(s) will be billed to the installing contractor as established in the Master Fee Schedule. 

6.5.2    Fire Alarm and Detection Systems and Related Equipment

6.5.2.1       Installation and modification to fire alarm and detection systems and related equipment must be conducted only after a permit has been obtained from the fire department.

6.5.2.2       Any failure of the final acceptance test for new fire alarm and detection systems indicates the system has failed and one re-test shall be scheduled. The cost associated with any additional re-test(s) will be billed to the installing contractor as established in the Master Fee Schedule.

6.5.3   Fireworks

6.5.3.1  Novelties.  Novelties such as Sparklers, Party Poppers, Snappers, and Snakes are considered “Unregulated Novelty Devices” and are allowed. 

6.5.3.2   Consumer (Permissible) Fireworks.  In accordance with NH RSA 160-C Local Option, the Town of Durham prohibits the issuance of permits, licenses, and the display or possession of consumer (permissible) fireworks unless granted a special exception by the Town Administrator.  The Town Administrator, after a review has been conducted by the Fire Chief and Police Chief, may issue a special exception to display consumer fireworks.

6.5.3.3  Display Fireworks, as defined in NH RSA 160-B:1, Definitions.  The construction, handling, and use of fireworks intended solely for outdoor display, as well as the general conduct and operation of display, shall comply with the requirements of NFPA 1123, Code of Fireworks Displays and shall be in accordance with SAF-C 5000, Display Fireworks.  Display Fireworks shall also comply with NH RSA 160-B:7, Requirements for Display Fireworks.  The Town Administrator, after a review has been conducted by the Fire Chief and Police Chief relative to the competence of the operator, protection factors in place, the availability of staffing, the site selected, and proof of liability insurance, may issue a permit to display fireworks between the hours of 6:00 pm and 11:00 pm for special events in which a fireworks display is deemed in the overall best interests of the general public.

6.5.3.4 Pyrotechnics and Flame Effects Before a Proximate Audience.  Permitting and approval for pyrotechnics and flame effects must be obtained prior to the display and use of pyrotechnic materials pursuant to SAF-C 6900 Proximate Audience Pyrotechnics and Flame Effect Rules. Those wishing to provide pyrotechnics and similar displays before a proximate audience must submit a set of plans to the Authority Having Jurisdiction (AHJ) for review. All such activities shall meet the state’s requirements including but not limited to, NFPA 1126. A permit will be issued upon satisfactory review of said plans.

6.5.4   (Reserved for Future Use)

6.5.5    Buildings & Systems

6.5.5.1       Upon completion of a site or building construction project, and/or upon the completion, renovation, modification or addition of a fire alarm, sprinkler, or suppression system, an electronic copies of the As-Built plans shall be submitted to the Fire Department in a format acceptable to the AHJ.

6.5.6    Blasting & Explosives

6.5.6.1       All blasting operations and detonation of explosives will conform to the State of New Hampshire’s requirements. Plans must be submitted to the Fire Department prior to any work or issuance of a permit to conduct such work. Inspections and stand-by personnel may also be required as deemed necessary by the AHJ.

6.5.7    Confined Space Entry

6.5.7.1       Confined Space Entry requires certain emergency procedures and equipment to be available should something go wrong. Notification must also be made to the local emergency response crews, which in Durham is the Fire Department. A permit will be issued once proper notification and documentation has been received by the Fire Department and determined by the Authority Having Jurisdiction.

6.5.8    Fire Protection & Alarm System Maintenance

6.5.8.1       For the purposes of identifying those conducting routine and emergency maintenance on fire protections systems in town, verifying competency of such agents, and to confirm knowledge and understanding of the Town’s requirements and expectations, a permit must be obtained.

6.5.9    Fuel-Fired Appliances & Installations

6.5.9.1       Permits to install fuel-fired appliances and their appurtenances are required from the AHJ prior to the commencement of any work. This includes storage and delivery systems such as tanks and piping.

6.5.10 Candles, Open Flames, & Portable Cooking Equipment

6.5.10.1     Permits are required from the AHJ for the use of candles, open flames, and portable cooking equipment in conjunction with a place of assembly.

6.5.11 Commercial Cooking and Ventilation Systems & Equipment

6.5.11.1     Permits are required from the AHJ for the installation, renovation, or modification of commercial cooking ventilation systems and equipment. Such work must conform to the requirements set forth under NFPA 96 as adopted under the State Fire Code.

6.5.12  Public Safety Amplification System Required in Facilities

The purpose of this system is to provide minimum standards to insure a reasonable degree of reliability for emergency services communications from within certain buildings and structures within the Town to and from emergency communications centers. It is the responsibility of the emergency service provider to get the signal to and from the building site.

6.5.12.1     Applicability: The provisions of this article shall apply to:

a.     New buildings greater than thirty thousand (30,000) square feet;

b.    Existing buildings over thirty thousand (30,000) square feet when modifications, alterations or repairs exceed fifty percent (50%) of the equalized assessed value of the existing building(s) and are made within any twelve (12) month period or the usable floor area is expanded or enlarged by more than fifty percent (50%); and

c.     All sublevels, regardless of the occupancy, over ten thousand (10,000) square feet.

6.5.12.2     Radio coverage

a.     Except as otherwise provided in this article, no person shall erect, construct or modify any building or structure or any part thereof, or cause the same to be done, which fails to support adequate radio coverage for firefighters, ambulance personnel and police officers.

b.    The Town’s fire department with consideration of the appropriate police, fire and emergency medical department services shall determine the frequency range or ranges that must be supported.

c.     For the purposes of this section, adequate radio coverage shall constitute a successful communications test as described in Section 6 below between the equipment in the building and the communications center for all appropriate emergency service providers for the building.

6.5.12.3     Inbound into the Building

A minimum average in-building field strength of 2.25 micro-volts (-100 dbm) for analog and five (5) micro-volts (-93 dbm) for digital systems throughout eighty-five percent (85%) of the area of each floor of the building when transmitted from the appropriate emergency service dispatch centers which are providing fire, police and emergency medical protection services to the building.
If the field strength outside the building where the receive antenna system for the in-building system is located is less than (-100 dbm) for analog, or (-93 dbm) for digital systems, then the minimum required in-building field strength shall equal the field strength being delivered to the receive antenna of the building.
As used in this article, eighty-five percent (85%) coverage or reliability means the radio will transmit eighty-five percent (85%) of the time at the field strength and levels as defined in this article.

6.5.12.4     Outbound from the Building

a.     A minimum average signal strength of 112 micro-volts (-6 dbm) for analog and five (5) microvolts (+1 dbm) for digital systems as received by the appropriate emergency service dispatch centers that are providing fire, police and emergency medical protection services to the building.

b.    FCC authorization. If amplification is used in the system, all FCC authorizations must be obtained prior to use of the system. A copy of these authorizations shall be provided to the Town’s Fire Department.

6.5.12.5     Enhanced amplifications systems

a.     Where buildings and structures are required to provide amenities to achieve adequate signal strength, they shall be equipped with any of the following to achieve the required adequate radio coverage:  radiating cable system(s), internal multiple antenna system(s) with an acceptable frequency range and an amplification system(s) as needed, voting receiver system(s) as needed, or any other Town approved system(s).

b.    If any part of the installed system or systems contains an electrically powered component, the system shall be capable of operation on an independent battery or generator system for a period of at least eight (8) hours without external power input or maintenance. The battery system shall automatically charge in the presence of external power.

c.     Amplification equipment must have adequate environmental controls to meet the heating, ventilation, cooling and humidity requirements of the equipment that will be utilized to meet the requirements of this code. The area where the amplification equipment is located must be free of hazardous materials such as fuels, asbestos, etc. All communications equipment, including amplification systems, cable and antenna systems shall be grounded with a single point ground system of five (5) ohms or less. The ground system must include an internal tie point within three (3) feet of the amplification equipment. System transient suppression for the telephone circuits, ac power, radio frequency (RF) cabling and grounding protection are required as needed.

d.    As part of any building permit application, the following information shall be provided to the Fire Department by builder:

i.     A blueprint showing the location of the amplification equipment and associated antenna systems which includes a view showing building access to the equipment; and

ii.    Schematic drawings of the electrical, backup power, antenna system and any other equipment associated with the amplification equipment including panel locations and labeling.

e.     The Fire Department shall review all information submitted pursuant to Section 5(d) and provide its comments to the building inspector within 15 days. The building inspector shall not issue any approval prior to receiving the Fire Departments comments.

6.5.12.6     Testing procedures – Method to Conducts Tests

a.     Tests shall be made using frequencies close to the frequencies used by the appropriate emergency services. If testing is done on the actual frequencies, then this testing must be coordinated within the Town’s Fire Department. All testing must be done on frequencies authorized by the FCC. A valid FCC license will be required if testing is done on frequencies different from the Police, Fire or emergency medical frequencies.

b.    Measurements shall be made using the following guidelines

i.     Measurements shall be made with a service monitor using a unity gain antenna on a small ground plane;

ii.    Measurements shall be made with the antenna held in a vertical position at three (3) to four (4) feet above the floor;

iii.   A calibrated service monitor (with a factory calibration dated within twenty-four (24) months may be used to do the test);

iv.   The telecommunications unit representative for the Town may also make simultaneous measurements to verify that the equipment is making accurate measurements. A variance of 3 db between the instruments will be allowed; and

v.    If measurements in one location are varying, then average measurements must be used.

6.5.12.7     Initial Testing

a.     All testing shall be done in the presence of a Fire Department representative at no expense to the Town or appropriate emergency services department.

b.    Signal strength, both inbound and outbound as defined above, shall be measured on each and every floor above and below ground including stairwells, basements, penthouse facilities and parking areas of the structure. The structure shall be divided into fifty (50) foot grids and the measurements shall be taken at the center of each grid.

6.5.12.8     Annual Tests

Annual tests will be conducted by the Town’s telecommunications unit or appropriate emergency services department. If communications appear to have degraded or if the tests fail to demonstrate adequate system performance, the owner of the building or structure is required to remedy the problem and restore the system in a manner consistent with the original approval criteria. The re-testing will be done at no expense to the Town or the appropriate emergency services departments as required in the original testing procedures.

6.5.12.9     Field Testing

Police and Fire personnel, after providing reasonable notice to the owner or his representative, shall have the right to enter onto the property to conduct field testing to be certain the required level of radio coverage is present. Certificates of Occupancy may be denied for new and existing buildings for failure to comply with these requirements.

6.5.12.10   Violation and Penalties

Any person, persons, firm, corporation or partnership who shall violate any provisions of Chapter 68 Article F shall be guilty of a violation punishable by a fine of not less than one-hundred dollars ($100) or not more than five hundred ($500). Each day that the violation continues to exist shall constitute a separate offense.

6.5.12.11   Appeal

Any party aggrieved by the decision of the Fire or Police Department relating to administrative decision in the assessment or collection of the fine or fines authorized by this section may appeal such decision to the Town Administrator.

6.5.12.12 Equipment access

Access to all associated equipment required under this provision shall be immediately accessible via an exterior door or common space for repairs and maintenance. Access shall not be via a privately-controlled space such as an apartment, business, or tenant-controlled area.

68-7.    Enforcement

7.1       The Fire Prevention Code shall be enforced by the Authority Having Jurisdiction as outlined by the State of New Hampshire RSA’s.

7.2       The Authority Having Jurisdiction is hereby authorized to request the assistance of the State Fire Marshal in the interpretation and enforcement of the Fire Prevention Code.

68-8.    Violations and Penalties

8.1       Violations of or failure to meet any provisions under this Article are subject to fines and penalties as set forth under the Town’s Master Fee Schedule as established by the Town Administrator with the advice and consent of the Town Council. This includes failure to schedule and satisfactorily complete a required inspection prior to the expiration of the issued permit, and multiple inspection failures.

68-9.    Appeals

9.1       Any party aggrieved by a provision of these requirements or wishes to challenge the decision of an inspector enforcing these requirements may appeal to the Fire Chief in writing within thirty days of enforcement action.

9.2       The Fire Chief will consider the appeal and respond to the appealer within thirty days of receipt of the written appeal.

68.10. Updates

10.1     The Town Council will consider updates and amendments to this Article as necessary.