Article 02: Life Safety Code

68-11.  Scope

11.1     This article provides code requirements that support the Town’s overall goal of life safety.

68-12.  Definitions

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

68-13.  Adoption of standards

13.1     This Code recognizes the New Hampshire Fire Code as adopted by the State of New Hampshire pursuant to RSA 153:4-a and 153:5. The same 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 shall apply.

68-14.  Additions and Amendments

Reserved

68-15.  Conflicts with Other Provisions

15.1     When regulations herein conflict with other adopted codes or regulations, the more stringent fire protection provision will apply.

68-16.  Permits and Approvals

16.1     The Authority Having Jurisdiction is authorized to establish and issue permits, certificates, notices, and approvals, or orders pertaining to fire and life safety hazards pursuant to this section.

16.2    Applications for permits shall be made to the Authority Having Jurisdiction on forms provided by the fire department and the applicant shall answers questions and information required by the forms in full. Applications for permits shall be accompanied by any data as required by the Authority Having Jurisdiction and fees required by the Town’s Master Fee Schedule, as amended on occasion.

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

16.4     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. Documents may also be required to demonstrate safety and emergency planning for assemblies or special events.

16.4.1 Review by the Authority Having Jurisdiction shall not relieve the applicant of the responsibility of compliance with this code.

16.4.2  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 is intended to provide an evaluation and recommend necessary changes of the proposed design, operation, process or new technology to the Authority Having Jurisdiction.

16.4.3 Progress/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 as established in the Master Fee Schedule.

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

16.4.5  It is the responsibility of the company conducting such work to obtain all necessary permits and approvals, schedule and ensure completion of 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

16.5     Acceptance of Plans and Installations

16.5.1 Whereas the State of New Hampshire requires a minimum of two Fire & Life Safety inspections at all occupancies meeting the code’s definition of a Place of Assembly, the AHJ will conduct these inspections to verify compliance and issue a permit upon successful completion of the inspection process.

16.5.2   A special amusement occupancy or haunted house must obtain a permit and successfully pass a Fire & Life Safety inspection by the AHJ prior to operating.

68-17.  Enforcement

17.1     The Life Safety Code shall be enforced by the Chief of the Durham Fire Department or his designated agent as outlined by the State of NH RSA’s.

17.2     The Chief of the Durham Fire Department or his designated agent is hereby authorized to request the assistance of the State Fire Marshal in the interpretation and enforcement of the Life Safety Code.

68-18.  Violations and Penalties

18.1     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.

68-19.  Appeals

19.1     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.

68-20.  Updates

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