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Comply Or Die continued

Demystifying The Codes

Many people ask why there are so many codes and why they are so different from one community to the next. These are legitimate questions.

For many years, local communities developed fire safety regulations to deal with their specific needs. In the 1920s, the first of the model building codes appeared; documents created by building safety professionals could be adopted locally without a jurisdiction having to create its own construction regulations.

Until recently, there were three nationally recognized model codes: those produced by the Building Officials and Code Administrators, the Southern Building Code Congress International, and the International Conference of Building Officials. These were the predominant code groups in the northeast, south, and western United States, respectively.

STAYING INFORMED

By Robert A. Neale

Want to keep up-to-date with free, short, and simple fire and building code training items? Every Tuesday, the United States Fire Administration releases a one-page training vignette called “Coffee Break Training.”

More than 3,000 fire protection professionals around the world receive these weekly notices. Topics change each week and range from fire sprinkler systems to hazardous materials. To sign up for automated delivery to your e-mail, go to www.usfa.fema.gov/about/subscribe and subscribe to “Coffee Break Training.”

Recently, in response to market demands for simpler and more universal codes, these groups merged to form the International Code Council that promulgates a “family” of codes: building, fire, mechanical, electrical, plumbing, etc.

Meanwhile, the National Fire Protection Association, long recognized for developing fire safety standards, has entered the market with it own fire and building codes. And, in the western United States, the Western Fire Chiefs Association retains the publication rights to the “Uniform Fire Code.”

Although it appears the nationwide trend is toward the International Code Council “I-Codes,” local jurisdictions remain free to choose—or write—any code they wish. Building and fire code enforcement always has been, and likely always will remain, a local and state responsibility. Even when they adopt a model code, jurisdictions often modify the document to deal with real or perceived local issues such as fire service staffing, topography, climatic conditions, or even economic considerations.

In broad terms, building safety codes are broken into construction and maintenance categories, although the line between the two often is blurred. Construction codes usually include the building, mechanical, electrical, and plumbing codes that establish the requirements for how a building or facility will be constructed. Maintenance codes generally describe how a building or facility (including its use, storage, and operating practices) will be maintained.

The codes often reference one another, as in the case of the building code that may require a fire door to be installed, and the fire code that may require it “be maintained in accordance with the building code.” Fire codes also include requirements for the regular inspection, testing, and maintenance of fire protection systems such as fire sprinklers, fire detection and alarm systems, smoke management, commercial kitchen range hood systems, and special hazard fire protection equipment.

An Essential Document

When a new facility is constructed, the building official is responsible for issuing a Certificate of Occupancy (CO) when the project is complete. The CO may be likened to a building’s birth certificate; it authorizes legal occupancy for the building, describes the date the occupancy occurred, and describes the ongoing use of the structure or facility. The CO is an essential document that protects the owner and facility manager and should be posted in a conspicuous location with copies stored safely away.

All of the model codes state that if a building or structure was legally occupied, has not changed occupancy or use, and continues to be legally occupied, the fire code official must use the edition of the building code under which it was constructed as the yardstick for compliance. Thus, if a woodworking plant was built under the 1982 edition of the building code, obtained a CO, and has not changed use or occupancy since then, the fire marshal must use the 1982 edition of the fire code for ongoing safety inspections.

This code requirement protects owners and facility managers from having to upgrade to meet current code requirements. The one exception to this rule is that if something in the normal day-to-day operations has changed so egregiously as to create a distinct life risk or fire hazard, the fire marshal may invoke the requirements of the newer code through due process.

An Action Plan

What’s the best thing a facility manager can do to work with local fire officials?

  • Be proactive. Establish a professional, non-confrontational relationship with the fire marshal. He or she is a customer, just like the facility manager is his customer.
  • Develop regular inspection and maintenance schedules for fire protection systems and equipment. The NFPA standards outline inspection, testing, and maintenance schedules. The fire marshal will use these documents to verify code compliance.
  • Encourage employees to identify potential fire and safety hazards, and address them as soon as feasible, considering work schedules and budgets.
  • Explore alternative solutions to code compliance. All of the model codes allow the fire marshal to accept “alternate methods and materials” to achieve compliance with the intent of the codes.
  • If surprise inspections are inconvenient for the facility, ask for inspections to be scheduled. If potential hazards are corrected before the fire marshal arrives, everyone’s job is easier.
  • Have the facility risk manager or loss control specialist work with the fire marshal to develop compliance plans and schedules that work within reasonable time frames and within budget.
  • If there are planned changes to the facility, discuss them with the fire marshal early in the concept stage. He or she may be able to suggest common sense solutions to design problems, and information shared beforehand will make the permit review process go more smoothly.
  • Get involved in the building and fire code development process. Make certain that facility management issues are considered when code changes are made.
  • Consider attending code training in conjunction with local building and fire officials. ICC and NFPA offer regular training sessions, and have many online courses. Local agencies may have training opportunities as well.
  • Sponsor facility tours and training for the fire marshal and fire suppression forces. Fire officials tend to be more reasonable when they are familiar with the risks. Knowledge is power.
  • Communicate special fire protection and safety issues while protecting proprietary information. If the facility contains operations that are not intended for public knowledge, explain those concerns to the fire marshal.

A visit from the local fire official need not be confrontational. When facility managers work with fire marshals, their complementary efforts make the facility and the community a safer place to work or live.

With more than 30 years of experience in fire protection, Neale is a training specialist at the United States Fire Administration (USFA) National Fire Academy in Emmitsburg, MD. The USFA is part of the Department of Homeland Security and is the nation’s prime government entity for training and education, data collection and research, public fire safety education, and fire prevention for America’s fire service and allied professionals. For information on USFA and to find out how to attend National Fire Academy courses, visit the Web at www.usfa.fema.gov.

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