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HomeMy WebLinkAboutOrdinance 8889,. TEXAS: ~.~~ {.~ ~- . a> ,, , ' ,~` >~_ _ ~;,: ORDINANCE NO. ~~, ,~~ ~. AN ORDINANCE AMENDING THE FIRE CODE OF THE CITY OF FORT WORTH, CODIFIED AS CHAPTER 15 OF THE CODE OF THE CITY OF FORT WORTH (1964), AS AMENDED, BY REQUIRING FIRE ALARMS AND SMOKE DETECTORS IN NEW AND EXISTING BUILDINGS; PROVID- ING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PRO- VIDING FOR PUBLICATION OF CAPTION, PENALTY CLAUSE AND EFFECTIVE DATE; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, SECTION 1. Chapter 15 of the Code of the City of Fort Worth is amended by adding thereto Article XXXV, "FIRE ALARM SYSTEMS," which Article shall read as follows: "ARTICLE XXXV. FIRE ALARM SYSTEMS. "Sec. 15-435. PURPOSE AND SCOPE. The purpose of this chapter is to provide a reason- able degree of safety through early warning of a fire emergency and is predicated on the potential hazards to life and property evident in each type of occupancy. This chapter governs the requirements for the installation, use and maintenance of fire alarm systems in all occupancies as specified herein. "Sec. 15-436. DEFINITIONS (a) ALARM-ACTUATING DEVICE is any manually or auto- matically operated equipment which, when activated, initi- ates an alarm through an alarm-indicating device. (b) ALARM-INDICATING DEVICE is any equipment that produces an approved alarm signal. (c ) ~T.ARM SIGNAL is an audible or visual signal, or both, indicating the existence of an emergency fire condi- tion. Audible devices may be bells, horns, chimes, speak- ers or similar devices. Voice alarms and their messages shall be approved by the fire chief. Visual devices may be continuous or pulsating lights, flags or other visual in- dicators, as approved by the fire chief. (d) ALARM SYSTEM is a combination of approved com- patible devices with the necessary electrical interconnec- tion and energy to produce an alarm signal in the event of fire or system activation. (e) ALARM SYSTEM CLASSES AND TYPES. Alarm systems are divided into the following classes and types: Classes: Class I. Actuation of any automatic or manual alarm- actuating device initiates a continuous or pulsating alarm ~.. , 4 - on all alarm-indicating devices in the building until man- ually reset. Class II. Actuation of any automatic or manual alarm-actuating device initiates a continuous or pulsating alarm on all alarm-indicating devices in the building until manually reset and identifies on an annunciator the zone from which the alarm signal originated. Class III. Actuation of any automatic or manual alarm-actuating device initiates a zone-coded alarm signal throughout the building and identifies on an annunciator the zone from which the alarm signal originated. Class IV. Actuation of any automatic or manual alarm-actuating device initiates a zone-coded alarm signal to selected areas of the building and identifies on an annunciator the zone from which the alarm signal origi- nated. Types: Type A. An electrically supervised fire alarm system installed in accordance with the provisions of Uniform Fire Code Standard No. 10-2. Type B. An electrically supervised fire alarm system installed in accordance with the provisions of NFPA Standard No. 72B-1979, Auxiliary Protective Signaling Systems. Type C. An electrically supervised fire alarm system installed in accordance with the provisions of NFPA Standard No. 72C-1982, Remote Station Protective Signaling Systems. Type D. An electrically supervised fire alarm system installed in accordance with the provisions of NFPA Standard No. 72D-1975, Proprietary Protective Signaling Systems. Type E. An electrically supervised fire alarm system installed in accordance with the provisions of NFPA Standard No. 71-1982, Central Station Signaling System. (f) ANNUNCIATOR is any equipment which indicates the zone or area of a building from which an alarm has been initiated, the location of an alarm-actuating device or the operational condition of alarm circuits or the alarm system. (g) APPROVED means approval by the fire chief as a result of investigation or tests conducted by him or by reason of accepted principles or tests by national autho- rities or technical or scientific organizations. (h) CODED SIGNAL is an alarm signal or voice alarm which consists of not less than three complete repetitions of the transmission. (i) CONTROL UNIT is a unit comprising the controls, relays, switches and associated circuits necessary to (1) distribute power to a fire alarm system, (2) receive sig- -nals from alarm-actuating devices and transmit them to -2- t~ alarm-indicating devices and accessory equipment, and (3) electrically supervise the system circuitry. The control unit may be contained in one or more cabinets in adjacent or remote locations as approved by the fire chief. (j) ELECTRICALLY SUPERVISED FIRE ALARM SYSTEM is a system designed to transmit a trouble signal to an approved location for any condition that prevents the required operation of the fire alarm system or failure of its main power source. (k) OCCUPANCY CLASSIFICATION. See Chapter 5 of the Building Code. (1) TROUBLE SIGNAL is a distinct audible and visual signal which indicates an abnormal condition of the system being monitored. (m) ZONE is a building or a defined area of a building as approved by the fire chief for purposes of identifying locations. "Sec. 15-437. DESIGN REQUIREMENTS (a) General. When required by the fire chief, all information required by this section will be prepared by qualified engineers, specialists, laboratory or fire-safety specialty organizations acceptable to the fire chief and to the owner. (b) Equipment. Fire alarm equipment, devices and systems shall be approved for their intended purpose. (c) Acceptance Tests. Upon completion of a system, a satisfactory test of the entire installation shall be made in the presence of the fire chief. (d) Installation Certification. Upon completion of the installation, the contractor shall provide written certification to the fire chief that the system has been installed in accordance with the approved plans and speci- fications. Deviations from such plans and specifications shall not be permitted except with the approval of the fire chief. When required by the fire chief, drawings and specifications of any permitted deviations, including wiring locations, shall be submitted to the fire chief. (e) Operating Instructions. Written operating in- structions are to be provided at an approved location. "Sec. 15438. POWER SUPPLY. All required fire alarm systems shall have an ap- proved secondary power supply which shall be capable of operating the entire system for not less than 24 hours under nonalarm conditions and 15 minutes under alarm con- ditions. Upon interruption of the normal power, the system shall be automatically transferred to the secondary source of power, and full power shall be obtained within 60 seconds of transfer. Except as otherwise specified, the secondary source of power may be one of the following: -3- ,.. (i) Generators (ii) Storage batteries (iii) Separate electrical service service from the normal iv) Separate substations of the same electrical service When generators are provided they shall be served by a fuel supply sufficient to operate the system as required by this section. "Sec. 15-439. MANUAL ALARM-ACTUATING DEVICES (a) Manual alarm-actuating devices shall be in- stalled in the following locations: 1. In a visible, accessible position on each floor of the premises, and in exit ways adjacent to exit doors and doors leading to exit stairs. 2. In locations normally attended by responsible personnel such as a manager's office, guardhouse, nurses' stations, etc. (b) A maximum travel distance between two devices shall not exceed 200 feet. (c) Devices shall be securely mounted with the bot- tom of the device not less than 4-1/2 feet nor more than 6 feet above the floor level. "Sec. 15-440. AT,ARM SYSTEMS AND FUNCTIONS (a) When an automatic alarm system is not directly connected to the fire department or other approved agency, an approved external alarm-indicating device shall be pro- vided when required by the fire chief. When external alarm-indicating devices are required, an approved sign which reads WHEN ALARM SOUNDS - CALL FORT WORTH FIRE DEPARTMENT - (and containing the address of the premises and the Fire Department telephone number) shall be in- stalled adjacent to each device. (b) When an alarm system is not directly connected to the fire department or other approved agency, an approved permanent sign which reads LOCAL ALARM ONLY - CALL FORT WORTH FIRE DEPARTMENT - (and containing the address of the premises and the Fire Department telephone number) shall be installed adjacent to each manually operated alarm-actuating device. (c) When an alarm system is approved for use in com- bination with a public address or other means of communi- cation, the alarm signal shall take precedence over such other communication system upon activation of the alarm system. "Sec. 15-441. REQUIRED INSTALLATIONS IN NEW BUILDINGS (a) Group A, Division 1, 2 and 2.1 Occupancies hav- ing an occupant load of 300 or more and night clubs having an occupant load of 200 or more shall be provided with an approved manually operated Class IV, Type A fire alarm system. Churches, when used primarily for worship, are ex- cluded from this provision. - 4- _~-- (b) Group E Occupancies having 50 or more occupants shall be provided with an approved manually operated Class I, Type A fire alarm system. (c) Group I, Divisions 1 and 2 Occupancies and men- tal hospitals shall be provided with an approved automatic smoke-detection and manually actuated Class III, Type A, B, C or D alarm system. Group I, Division 3 Occupancies other than mental hospitals shall be provided with an approved smoke- detection and manually actuated Class IV, Type A, B, C or D alarm system. (d) Except for Group R, Division 1 Occupancies that comply with Section 1807 of the Building Code, fire alarm systems shall be provided in the following Group R, Divi- sion 1 Occupancies: Apartment houses three stories or more in height or con- taining more than 15 apartments, and hotels and motels three stories or more in height or containing more than 20 guest rooms - Class II, Type A, B, C or D alarm system. The alarm system shall include smoke detectors and manual alarm-actuating devices in interior corridors and automa- tic alarm-actuating devices in storage rooms, laundry rooms, furnace rooms and similar common areas. EXCEPTION: An alarm need not be installed in apart- ments not over two stories in height when all indi- vidual dwelling units and contiguous attics and crawl spaces are separated from each other by at least one-hour fire-resistive occupancy separations and each individual dwelling unit has an exit directly into a yard or public space. r R-1 and R-3 Occupancies shall be provided with approved smoke detectors as required by Section 1210 of the City of Fort Worth Building Code. "Sec. 15-442. SPECIAL PROVISIONS (a) The requirements for fire alarm systems under Section 15-441 may be waived by the fire chief in other than Group I and Group E Occupancies if in the opinion of the fire chief the building is adequately protected by an approved sprinkler system with shutoff valves and water flow devices supervised as prescribed in Types B, C, D and E fire alarm systems. (b) All fire alarm systems shall be installed in such a manner that the failure of any single alarm- actuating or alarm-indicating device will not interfere with the normal operation of any other such devices. (c) The fire chief may waive the requirements set forth in Section 15-439(a)l, (a)2, and (b) for alarm sys- tems in A, E and I Occupancies if in the opinion of the fire chief such waiver will not lessen the degree of fire protection required in such section. (d) The annunciator and control panel shall be in- stalled in a location approved by the fire chief. :~~,.~ "Sec. 15-443. REQUIRED INSTALLATION IN EXISTING BUILDINGS (a) The provisions of this chapter applicable to new occupancies shall also apply to the following existing occupancies: -5- ,. 1. All R-1 occupancies except that required smoke detectors may be battery operated as set forth in Section 1210 of the Building Code; 2. Night clubs having an occupant load over 200; 3. Restaurants with dancing having an occupant load over 300. Smoke detectors required under this subsection shall be installed in existing occupancies before January 1, 1984, unless a later deadline is provided below. Alarm systems required under this subsection shall be installed in existing occupancies before September 1, 1984. Pro- vided, however, alarm systems which are currently in existing occupancies at the adoption of this ordinance may be continued if in the opinion of the fire chief and the building official their continued use does not constitute a danger to life or property. (b) All existing one and two family dwellings sold on or after January 1, 1984, and all existing one and two family dwellings which on or after the effective date of this ordinance are altered, repaired, renovated or improved in any manner requiring a building permit shall be provided with smoke detectors as required in Section 1210 of the Building Code. The owner of any dwelling which is sold or repaired in viola- tion of this subsection shall be guilty of a misdemeanor. Nothing herein shall be construed to waive the requirements of any ordinance which mandated the installation of permanently wired smoke detectors at the time the original build- ing permit was issued. (c) Rented or leased residential occupancies. (1) Prior to September 1, 1984, all one family, two family and multi-family dwellings that are rented, leased or sub-leased shall be provided with smoke detectors that meet the requirements of Section 1210 of the Fort Worth Building Code. The smoke detectors shall be installed by the landlord prior to renting, leasing or sub- leasing the dwelling. For purposes of this sec- tion, landlord shall mean the owner, lessor or sublessor of a dwelling unit, or the manager or agent of the landlord. (2) Duty to inspect and repair. (i) Upon commencement of a tenant's posses- sion of a dwelling unit containing a smoke de- tector, the landlord shall have a duty to test the smoke detector to verify that it is in good working order. Upon installation of a smoke de- tector by a landlord after commencement of the tenant's possession of a dwelling unit, the landlord shall have a duty to test the smoke de- tector at that time to verify that it is in good working order. (ii) During the term of the rental agreement or any renewal or extension thereof, the land- lord shall have a duty to inspect and repair a smoke detector only if the tenant has given notice to the landlord of malfunction or made a request to the landlord for inspection or re- pair. TYie notice to the landlord need not be in writing unless written notice is required in the written rental agreement. The landlord shall comply with the tenant's request for inspection and repair within a reasonable time, considering the availability of material, labor, and util- ities. -6- ~~.. .~ _~ ., (iii) A landlord shall not have a duty to in- spect or repair a smoke detector if the damage or malfunction is caused by the tenant or the tenant's family, guests, or invitees during the term of the rental agreement or any renewal or extension period of the rental agreement. Pro- vided, however, a landlord shall have a duty to repair or replace a smoke detector covered by this subsection if the tenant pays in advance for the reasonable cost of the repair or re- placement, including labor, materials, taxes, and overhead. (iv) A landlord shall have satisfied his duty to inspect or repair a damaged or malfunc- tioning smoke detector if, after a test of the smoke detector, the test indicates that the smoke detector is in good working order. (v) After commencement of possession by the tenant of a dwelling unit, the landlord shall have no duty to provide replacement batteries for a battery operated smoke detector which was in good working order according to a test of the smoke detector at the time of commencement of possession by the tenant. (3) A person commits an offense if as landlord of a dwelling unit he: (1) fails to install a smoke detector in compli- ance with this chapter; or (2 ) fails to test or repair a smoke detector in compliance with this section. "Sec. 15-444. MAINTENANCE OF SYSTEMS All fire alarm systems shall be maintained in an operative condition at all times and shall be replaced or repaired when defective. Such systems shall be extended, altered or augmented as necessary to maintain and continue protection whenever any building so equipped is altered, remodeled or added to. All additions, repairs, alterations and servicing shall be in accordance with recognized stan- dards. An approved log shall be kept on the premises to indicate when the system was checked and/or serviced. "Sec. 15-445. TAMPERING WITH FIRE ALARM SYSTEM Any person who willfully and maliciously tampers with, molests, injures, or breaks any fire protection equipment, fire protection installation, fire alarm appa- ratus, wire, or signal, or willfully and maliciously sends, gives, transmits, or sounds any false alarm of fire, by means of any fire alarm system or signal or by any other means or methods, is guilty of a misdemeanor." SECTION 2. This ordinance shall be cumulative of all ordinances of the City of Fort Worth except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event conflicting provisions of such ordinances are hereby repealed. -7- b '~ dry + .. ~ \' ~ SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitu- tional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such un- constitutional phrase, clause, sentence, paragraph or section. SECTION 4. All rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the Fire Code of the City of Fort Worth, Texas, and as to any other ordinances affecting fire safety, which have occurred at the time of the effective date of this ordinance; and, as to such accrued violations and all pend- ing litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordi- nance but may be prosecuted until final disposition by the courts. SECTION 5. Prior to September 1, 1983, the violation of any provision of this ordinance or of the Fort Worth Fire Code shall be deemed an offense and shall be punishable by a fine not exceeding Two Hundred Dollars ($200), and each violation hereof, and each day on which there is a failure to comply with the terms of this ordinance, shall be and is hereby declared to be a separate and distinct offense and punishable as such. Effective September 1, 1983, the violation of any provision of this ordinance or of the Fort Worth Fire Code shall be deemed an offense and shall be punishable by a fine not exceeding One Thousand Dollars ($1,000), and each violation hereof, and each -8- .~ day on which there is a failure to comply with the terms of this ordinance, shall be and is hereby declared to be a separate and distinct offense and punishable as such. SECTION 6. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date of this ordinance for five (5) days in the official newspaper of the City of Fort Worth, as authorized by TEX. REV. CIV. STATS., Art. 1176b-1. SECTION 7. This ordinance shall be in full force and effect from and after the date of its passage and publication as above specified. APPROVED AS TO FORM AND LEGALITY: ~- ~ ~-~ -- City Attorney Date: ~ ' 1 4 ~ g~ ADOPTED : R r~ l0 ° U~ EFFECTIVE: -9- ~/- , I gIAB'fER FILE 1 ^ CITY MANAGER 1 ~, ACC0UNTING•2 /~~~/J//j,^' TRAN5P0RTATIGN~PUBLIC WCE9!II~jL ~I~® U 1L+(j/ U ((~t~IV ~®(J/tV U (f*/~i./ ((J !V ~®~U (l IV (LlV O (A~~lV~1AYW W®~ t J F^RE ADMINIST LAN/'1 i DEVELOPMENT „,-.~~"" ~~' DATE REFERENCE SUBJECT Amendment to Building Code and PAGE NUMBER Fire Code, Smoke Detectors and Fire 2 8/16/83 G-5712 iof Alarms in New and Existinc,Buildin~s Recently compiled statistics show that a consistently high number of fire-re- lated deaths occur in Fort Worth every year. For the past several months, the Building Official and the Fire Marshal have been researching available fire warning systems which can be implemented to save lives. Pursuant to this re- search, the Building. Official and Fire Marshal are recommending that certain changes be made to the City's Building Code and Fire Code in conformance with recommendations contained in the 1982 Uniform Fire Code and the 1982 Uniform Building Code. With the assistance of the City Attorney's office, two separate ordinances have been prepared which amend the Building Code and the Fire Code in accordance with these recommendations. The proposed amendments include 1. Requiring fire alarm systems in new places of public assembly such as night clubs having an occupant load over 200 and restaurants with dancing having an occupant load over 300. All existing occupancies shall comply with this requirement by September I, 1984. Churches are specifically excluded from this requirement. 2. Requiring specific types of f ire alarm systems in new educational buildings with an occupant load of 50 or more. (Fire alarm systems are presently required by the current Building Code.) There is no current or proposed require- ment for existing occupancies. 3. Requiring smoke detectors and specific types of fire alarm systems in new hospitals, nursing homes, jails, etc. (Fire alarm systems are presently re- quired by the current Building Code.) There is no current or proposed require- ment for existing occupancies. 4. Requiring fire alarm systems and smoke detectors in new hotels three or more stories in height or containing more than 20 guest rooms and in new apartments three or more stories in height or containing more than 15 apart- ments, except that apartments with one-hour fire walls between dwelling units which exit directly into a yard or public space need only provide smoke detec- tors. All existing apartments and hotels shall install fire alarm systems by September 1, 1984. Smoke detectors shall be installed in existing hotels by January 1, 1984, and in existing apartments by September 1, 1984. Required smoke detectors in existing hotels and apartments may be battery operated. (The current Building Code presently requires fire alarm systems only in new hotels three or more stories in height and containing 20 or more guest rooms, and in new apartments three or more stories in height and containing more than 15 apartments.) 5. Requiring existing one and two family dwellings to install smoke de- tectors whenever any repair or improvement requiring a building permit is .made. Also, all one and two family dwellings sold on or after January 1, 1984, are required to have smoke detectors. Required smoke detectors in existing one and two family dwellings may be battery operated. 6. Requiring the landlord of any leased one family, two family or multi- family dwelling units to install smoke detectors in existing units by ~ ~- ,; DATE '~ '' ~~ REFERENCE SUt3JECl'W Amendment tCi Building COde and PAGE NUMBER Fire Code, Smoke Detectors and Fire 2 2 8/16/83 G-5712 Alarms in New and Existin Buildin s __ _ar__. _ September 1, 1984, in accordance with Article 5236j, Revised Civil Statute of Texas. Required smoke detectors may be battery operated. In accordance with recently adop ted state legislation, any violation of this ordinance after September 1, 1983, will carry a $1,000 fine. Recommendation It is recommended that the City Council adopt the two attached ordinances amend- ing the Building Code and the Fire Code respectively to require smoke detectors and fire alarm systems as provided abov e. WKO: itt Attachment APPROVED BY CITY COUNCIL A l1G 16 1983 "~ ~ ~v~-y,, ~,~~~~~-ter Cltj7 .S@CZ@tQtj~ O:. ,c: Cite of Folk W.prth, Tsxe$ SUBMITTED FOR THE CITY MANAGER'S / .DISPOSITION BY COUNCIL. PROCESSED BY OFFICE BY 6 ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD• Wade Adk1nS CITY SECRETARY CONTACDITIONAL INFOR Wayne Olson Ext. 7617 ~- ~ T