[HISTORY: Adopted by the Town of Salem as indicated in article
histories. Amendments noted where applicable.]
[Adopted by the Board of Selectmen 5-11-1959 (Ch. 190 of the 1995 Code)]
Any person or persons starting a fire which results in calling
the Fire Department shall pay for the services of the Fire Department.
[Adopted by the 2009 Town Meeting (Ch. 187 of the 1995 Code)]
[Amended by the Board of Selectmen 11-2-2015[1]]
This article shall be known as the "Town of Salem Fire Prevention
Code."
[1]
Editor's Note: This enactment also repealed original §
187-2, Repealer, which immediately followed this section.
[Amended by the 3-18-2017 Town Meeting]
Under the authority of RSA 49:B-8, 155, 155-A:2, VI, 153:5,
674:51 and 674:51-a, the Town of Salem hereby adopts the International
Fire Code as published by the International Code Council, being particularly
the 2015 edition thereof and the whole thereof as amended, deleted
or modified by this chapter, for the purpose of prescribing regulations
governing the construction, remodeling, change of occupancy, alteration,
addition or erection of buildings, structures or systems within the
Town of Salem. Furthermore under the authority of RSA 49:B-8, 155,
155-A:2, VI, the Town of Salem hereby adopts the National Fire Protection
Association Uniform Fire Code (NFPA 1) being particularly the 2015
edition thereof and the whole thereof as amended, deleted or modified
by this chapter, for the purpose of prescribing regulations governing
existing conditions hazardous to life and property from fire and explosion,
as hereinafter deleted, modified, or amended by this chapter, and
the same codes are hereby adopted and incorporated as fully as if
set out at length, and from the date that this chapter shall take
effect, the provisions thereof shall be controlling within the Town
of Salem, New Hampshire.
A.
The Fire Prevention Code as contained in this article and all related
federal and state laws, Town ordinances and referenced codes, standards
and regulations shall be enforced by the Fire Department of the Town
of Salem. Within the Fire Department there is hereby established a
Bureau of Fire Prevention which shall be operated under the supervision
of the Fire Chief.
B.
The Fire Chief shall recommend and the Town Manager shall appoint
a Chief of the Bureau of Fire Prevention, who shall be known as the
"Fire Marshal," and such other members (Inspectors) of the Bureau
of Fire Prevention as shall from time to time be necessary.
C.
A report of the Bureau of Fire Prevention shall be made annually
and transmitted to the Town Manager. It shall contain all proceedings
under this article, with such statistics as the Fire Chief decides
to include therein. The Fire Chief shall also recommend any amendments
to the code which, in his judgment, shall be desirable.
D.
The Fire Chief, Fire Marshal, Fire Inspectors and all members of
the Fire Department may request and shall receive, so far as may be
necessary, in the discharge of their duties, the assistance and cooperation
of other officials of the municipality.
E.
The Fire Chief, Fire Marshal, Fire Inspectors and other designated members of the Department shall have the authority to enforce any federal, state or local law, ordinance, standard, code or regulation pertaining to fire and building safety and the control of combustible or hazardous materials, or both, the design of exits, and other fire safety measures, including the International Building and Mechanical Codes as adopted by the State of New Hampshire, Chapter 314, Life Safety, of this Code, this article and the State Fire Code enacted pursuant to RSA 153:5.
F.
The Fire Chief and duly authorized members of the Fire Department
shall have the authority to inspect all buildings, structures, or
other places in the Town of Salem, including but not limited to any
place where any combustible or hazardous material, including wastepaper,
rags, shavings, waste, leather, rubber, crates, boxes, barrels, rubbish
or other combustible material, that is or may become dangerous as
a fire menace to such buildings, structures or other places has been
allowed to accumulate or where such authorized member of the Fire
Department has reason to believe that such material of a combustible
or hazardous nature has accumulated. If consent for such inspection
is denied or not reasonably obtainable, the authorized member of the
Fire Department may obtain an administrative inspection warrant under
RSA 595-B.
G.
The Fire Chief and duly authorized members of the Fire Department,
upon complaint or whenever they shall deem it necessary, may inspect
all buildings, excluding single-family dwellings and residences in
multiunit dwellings containing not more than two units, and premises
within the Town of Salem.
H.
Whenever any member of the Fire Department finds any condition that
such member deems to be hazardous to life or property or in violation
of any law, ordinance, code, standard or regulation, the member shall
order the hazardous condition to be remedied by written order setting
forth a compliance date or time. In cases of de minimis violations
a notice of hazard may be issued setting forth the violation and providing
a fixed time for compliance as determined by the Fire Department member
issuing the notice. If such order or notice of hazard requires a structural
change or alteration, it shall be reviewed and approved by the Fire
Chief or Fire Marshal before it is shall take effect. Such order or
notice shall be complied with by the owner, occupant, responsible
party or other person in receipt of the order or notice within the
time limit specified in such order or notice; provided, however, that
any such owner who is aggrieved by an order may, within 20 days, file
an appeal. All orders issued under this section shall be posted in
a conspicuous place and shall not be removed, defaced or altered except
by permission of the fire official.
[Amended by the Board of Selectmen 11-2-2015]
I.
The Bureau of Fire Prevention may investigate fires of suspicious
origin to determine the origin and cause. Specially trained and certified
members may be empowered to seek the arrest and prosecution of those
responsible under RSA 153:11.
A.
Where the term "authority having jurisdiction," "code official" or
"fire official" is used in the State Fire Code and in all codes and
standards issued by the National Fire Protection Association, it shall
be held to mean the Fire Chief or in his absence the Chief of the
Fire Prevention Bureau (Fire Marshal).
[Amended by the Board of Selectmen 11-2-2015]
B.
Where the term "governing jurisdiction" or "jurisdiction" is used,
it shall be held to mean the Town of Salem, New Hampshire.
A.
All assembly, educational, institutional, detention and correctional,
residential, mercantile, business, factory, high hazard, storage,
utility and miscellaneous, and storage occupancies as defined in the
International Building Code, Chapter 3, established within the Town
of Salem shall register said establishment with the Bureau of Fire
Prevention. One- and two-family dwellings are exempt from this requirement.
Registration shall be annually on form provided by the Town.
B.
No person, corporation, business or partnership shall occupy a building
or structure for which a building permit has been issued unless required
inspections have been completed and the certificate of occupancy has
been cosigned by the fire official. No change in the existing occupancy
classification of a building or structure or portion thereof shall
be made until the certificate of occupancy has been issued.
[Amended by the Board of Selectmen 11-2-2015]
C.
In addition to penalties provided for in § 260-18, the fire official may seek injunctive relief from a court of competent jurisdiction to order vacated any building in violation of this section.[1]
[1]
Editor's Note: Original § 187-7, Amendments to the
standard code, which immediately followed this section, was repealed
by the Board of Selectmen 11-2-2015.
The Fire Chief shall have the authority to modify any of the
provisions of the fire prevention codes and referenced standards upon
application in writing by the property owner or lessee, or his duly
authorized agent, when there are practical difficulties in the way
of carrying out the strict letter of the codes, provided that the
spirit of the code is observed, public safety secured and substantial
justice done. The particulars of such modification, when granted or
allowed, and the decision of the Fire Chief thereon shall be entered
upon the records of the Department, and a signed copy shall be furnished
to the applicant.
A.
The International Fire Code is hereby amended by the addition of
Section 104.1.1 as follows:
104.1.1 The Fire Chief shall have the authority
to specify suitable fire protection devices, appliances, systems and
modifications to the Fire and Building Codes as may be required to
provide safety to life and property. Said rules and regulations shall
be available for public review and no building shall be built or occupied
in violation of rules, regulations or modifications to codes and standards
as specified by the Fire Chief.
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B.
The International Fire Code is hereby amended by the deletion of
Section 108.1 and the following inserted in place thereof:
SECTION 108 Means of Appeal
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---|---|---|
108.1 Appeal. Any person shall have the right to
appeal a decision of the Code Official to the Zoning Board of Adjustment.
An application for appeal can only be based on a claim that the true
intent of this code or the rules adopted thereunder have been incorrectly
interpreted, the provisions of the code do not fully apply, or an
equally good or better method of complying with the intent of the
International Fire Code, Uniform Fire Code, International Building
Code and referenced documents is available. The appeal must be filed
within 20 calendar days after the person filing the appeal was notified,
in writing, of a decision or hazard or 20 calendar days after a notice
or decision was mailed by regular mail to the last known address of
the property owner or aggrieved party as recorded in the Assessor's
office of the Town or as provided by an applicant or design professional.
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C.
The International Fire Code is hereby amended by the addition of
Sections 107.4.1 and 107.4.1.1 which shall read as follows:
107.4.1 Criminal mischief. No person shall, without
privilege to do so, move, tamper, destroy, obstruct or otherwise improperly
tamper with any safety device, the property of another or the property
of the offender when required or placed for the safety of others or
the offender, so as to destroy or diminish its effectiveness or availability
for its intended purpose.
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107.4.1.1 Safety device. "Safety device" shall
be defined as any fire extinguisher, fire hydrant, fire hose, or fire
axe, or any fire escape, exit or exit component, or emergency escape
equipment, or any life line, or any alarm, light, signal, exit sign,
emergency light or notice intended to warn of danger or emergency,
or intended for other safety purposes, or any other device, apparatus,
or equipment intended for protecting property or preserving the safety
of persons.
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D.
The International Fire Code is hereby amended by the modification
of Section 105.1.1 which shall read as follows:
105.1.1 Permits. Permits required by the International
Fire Code and Uniform Fire Code shall be obtained from the code official.
The Fire Chief shall select those permits contained in the International
Fire Code and Uniform Fire Code that he feels shall be in the best
interest of the Town. Permit fees as established by the Board of Selectmen
shall be paid prior to issuance of the permit. Issued permits shall
be kept on the premises designated therein at all times and shall
be readily available for inspection by any member of the Fire Department
or any other Town inspector. Any permit that is issued after work
or processes have begun will be surcharged an amount equal to the
original fee but not less than $50. The issuance of a permit and/or
review of construction documents does not relieve the applicant or
any agent of the applicant from complying with the laws, ordinances,
codes, standards or regulations enacted by the Town of Salem or the
State of New Hampshire.
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E.
The International Fire Code is hereby amended by the modification
of Section 105.4.1 which shall read as follows:
105.4.1 Construction. Any and all construction
for which a building permit is required under Section 105 of the International
Building Code (2009 edition), except Use Group R-3, shall be submitted
to the Fire Code Official for review and evaluation. No building or
other permit shall be issued until plans have been reviewed by the
Fire Code Official and released for construction. Construction documents
shall be submitted in two or more sets and in such form and detail
as required by the Fire Code Official. A reviewed set of plans shall
be maintained on the job site for examination by the code official
at all times. When deemed necessary, the Chief of the Bureau of Fire
Prevention (Fire Marshal) may require:
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1.
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That proposed building construction plans bear the seal of a
licensed professional engineer or registered architect, indicating
that the plans as submitted comply with all applicable codes, standards
and regulations of the Town.
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2.
|
That a third-party reviewer of the Town's choosing may
be retained to review all aspects of the construction and may recommend
corrections, modifications or additions. All costs incurred for these
services shall be paid by the applicant as a special permit fee. No
certificate of occupancy shall be issued until all fees and permits
are paid.
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3.
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Where proposed projects and/or developments are of a technical
nature, the code official may select a consultant to examine the plans
and/or field conditions and to perform any necessary testing or inspections
to determine the adequacy of construction, safety systems and utilities
to determine that work performed is in compliance with approved plans,
state and Town codes and nationally recognized standards for construction
and safety. The cost of the consultant and all related testing shall
be paid by the applicant to the Town of Salem as a special permit
fee. No occupancy certificate may be issued unless and until the special
permit fee has been paid in full and all conditions of approval and
inspections have been completed and approved by the Fire Department.
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4.
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Permits issued for installation, repair, modification or addition
shall expire 180 days after issuance unless there has been continuous
progress towards completion of the permitted activity. Renewal of
permits is at the discretion of the fire official. The fee for the
reissuance of a permit shall be 1/2 the original fees.
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F.
The International Fire Code is hereby amended by the addition of
Section 105.1.3 which shall read as follows:
105.1.3 A copy of all proposed site and subdivision
plans shall be submitted to the Bureau of Fire Prevention for review
of all aspects pertaining to life safety and fire protection prior
to being heard by the Town of Salem Planning Board or Zoning Board
of Adjustment.
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G.
The Fire Prevention Code is hereby amended by the deletion of Section 109.3 and replaced by § 260-19.
H.
The International Fire Code is hereby amended by the modification
of Section 901.6.2 which shall read as follows:
901.6.2 Records. Records of all system inspections,
tests and maintenance required by the referenced standards shall be
maintained on the premises for a minimum of one year and copies shall
be forwarded to the Bureau of Fire Prevention by the property owner
and servicing contractor within 30 days of inspection or test.
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I.
The International Fire Code is hereby amended by the addition of
Section 3804.2 which shall read as follows:
3804.2 Bulk storage. The areas in which bulk storage
of liquefied petroleum gas or liquid is permitted are hereby established
as follows:
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1.
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The Commercial-Industrial B District west of Interstate 93 as
defined in the Town of Salem Zoning Ordinance.
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J.
The International Fire Code is hereby amended by the modification
of Section 3301.1, which shall read as follows:
3301.1.3 Fireworks. The possession, manufacture,
storage, sale, handling, and use or explosion of Division 1.3G and
1.4G (Class B and C) fireworks is prohibited.
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Exception:
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1.
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The possessions, storage, handling and use of specific types
of Division 1.3G fireworks (Class B) shall be permitted for public
and private display, provided that a State Department of Safety and
a Salem Fire Department permit are issued and such fireworks comply
with CPSC 16 CFR 1500 through 1507, and DOTn 49 CFR 100 through 178,
inclusive. All displays of Division 1.3G (Class B) fireworks shall
be in accordance with NFPA 1123 (2015 Edition).
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K.
The following appendixes contained in the International Fire Code
are hereby specifically incorporated as part of this chapter and the
Salem Fire Code and shall be enforced by the Bureau of Fire Prevention:
Appendix B Fire Flow Requirements for Buildings
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Appendix C Fire Hydrant Locations and Distribution
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Exception; Table C105.1 note C shall read: Where new water mains
are extended along streets where hydrants are not needed for protection
of structures or similar fire problems, fire hydrants shall be provided
at spacing not to exceed 500 feet.
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Appendix D Fire Apparatus Access Roads
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Exception; D103.1 shall be amended by removing the "26 feet"
reference and inserting "24 feet."
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Exception; D103.5 Section 6 shall be amended to read: Manual
opening gates shall not be locked without special authorization from
the Bureau of Fire Prevention. Approved locks shall be compatible
with the Salem Fire Department Knox lock system.
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Addition; D103.5 Section 8: Gated areas shall not be used for
snow storage, and gate operation shall not be interrupted by plowing
or snow accumulation.
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Addition; D103.6.3: Fire Lanes shall be painted with six-inch-wide
yellow paint causing a grid or hashed pattern and shall include the
words "FIRE LANE NO PARKING" in not less than twenty-four-inch letters.
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Appendix E Hazard Categories
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Appendix F Hazard Ranking
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Appendix G Cryogenic Fluids
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[Amended by the Board of Selectmen 11-2-2015]
Where a conflict between codes, within codes or between a code
and a referenced document occurs, the specific requirement shall prevail
over the general, and that provision which provides for the greatest
degree of public safety, as determined by the fire official, shall
prevail. Where a specific state law addresses a specific fire safety
requirement, the state law shall prevail over the provision of the
Town ordinance and codes, provided that the state law provides a level
of protection not less than would be required by the Town ordinance
or codes.
The Town Manager or, in the absence of the Town Manager, a Selectman
designated by the full Board of Selectman, the Chief of the Fire Department,
and the Chief of the Bureau of Fire Prevention (Fire Marshal) shall
act as a committee to determine and specify, after giving affected
persons an opportunity to be heard, any new materials, conditions,
processes, or occupancies which shall require permits, in addition
to those now enumerated in this article and referenced codes and standards.
A.
An automatic sprinkler system shall be installed and maintained in
accordance with the most recent revisions of NFPA 13, 13D, 13R, 14,
and 25, as applicable, Salem Fire Department Automatic Sprinkler Rules
and Regulations and the contents of this article, in the locations
specified herein and where required by the International Building
Code (IBC), as adopted.
[Amended by the Board of Selectmen 11-2-2015]
(1)
All buildings or portions thereof classified as a place of assembly
with an occupant load of 100 or more people as calculated by the tabular
area method (IBC Use Group A).
(2)
All buildings or portions thereof classified as an educational occupancy,
including day-care centers, with an occupant load of 50 or more people
as calculated by the tabular area method (IBC Use Group E).
(3)
All buildings or portions thereof classified as institutional, regardless
of the occupant load. Day-care centers providing care for five or
more children under the age of 30 months shall be classified as institutional
(IBC Use Group I).
(4)
All buildings or portions thereof classified as hotels, motels, dormitories,
lodging houses, rooming houses and boardinghouses (IBC Use Groups
R-1 and R-2).
(5)
All buildings or portions thereof classified as apartments or residential
condominiums, with four or more dwelling units and/or three or more
stories in height, and residential care facilities with more than
five clients but fewer than 16 clients, provided that the clients
are capable of self-preservation (IBC Use Groups R-2 and R-4).
(6)
All buildings or portions thereof classified as mercantile which
have a gross floor area exceeding 9,999 square feet (IBC Use Group
M).
(7)
All buildings or portions thereof classified as business which have
a gross floor area exceeding 9,999 square feet (IBC Use Group B).
(8)
All buildings or portions thereof classified as factory or industrial
which have a gross floor area exceeding 9,999 square feet or are over
30 feet in height at any point measured to the grade at a point 20
feet from the foundation wall (IBC Use Group F).
(9)
All buildings or portions thereof classified as storage which have
a gross floor area in excess of 9,999 square feet or are over 30 feet
in height at any point measured to the grade at a point 20 feet from
the foundation wall (IBC Use Group S).
(10)
All buildings or portions thereof classified as high hazard
by the fire official in accordance with the Building Code (IBC Use
Group H). Exception: Where in the opinion of the fire official the
installation of a water-based fire suppression system increases the
hazard, alternate fire suppression shall be provided.
(11)
All buildings or portions thereof with a floor level three or
more stories above the level of Fire Department access shall be provided
with standpipes installed in accordance with NFPA 14.
(12)
All buildings, or portions thereof, where required by the International
Building Code as adopted by the State of New Hampshire or Town of
Salem.
B.
The Fire Chief may issue regulations concerning the specific methods
and materials to be used when installing fire sprinkler systems. These
regulations are incorporated herein. For the purpose of this section,
"floor area" and "gross floor area" are as defined in the International
Building Code Section 1002.1 and shall include all attic spaces with
permanent or temporary flooring.
C.
Compliance.
(1)
Any building, other than those listed in Subsection A(1)(b), not in compliance with this section that is remodeled or altered to an extent that the cost of building modifications exceeds 50% of the assessed value as determined by the Town Assessor and Fire Marshal shall install all required fire protection systems prior to occupancy.
(2)
Any building, other than those listed in Subsection A(1)(b), not in compliance with this section that is remodeled or altered to an extent that the building modifications increase the size of the building by 50% of the original gross square footage shall install all required fire protection systems throughout prior to occupancy.
(3)
For the purpose of this section, any remodeling, renovation, addition
or other construction started, finished or for which permits have
been issued within the previous year (365 days) shall be included
in determining the extent of remodel, alteration or revaluation.
D.
Responsibility.
The owner, operator and occupant of any building shall be individually
and separately responsible for compliance with this section.
E.
Installation.
No person, firm, company or corporation shall install, repair, or
operate any fire sprinkler equipment without having first obtained
a certificate of fitness from the Fire Department. Emergency repairs
shall require prior authorization from the Fire Department.
A.
Fire alarm systems shall be installed in accordance with the most
recent revision of NFPA 72, the National Fire Alarm Code, NFPA 70,
the National Electrical Code, International Building Code (IBC), State
Fire Code, Salem Fire Department Fire Alarm Rules and Regulations,
and the contents of this article in the following locations:
[Amended by the Board of Selectmen 11-2-2015]
(1)
Any
location identified in the International Building Code, State Fire
Code and NFPA 101 (Life Safety Code).
(2)
All
places of assembly with an occupant load of 50 or more persons as
calculated by the tabular area method, IBC Use Group A.
(3)
All
educational buildings or portions thereof with an occupant load of
50 or more persons as calculated by the tabular area method (IBC Use
Group E).
(4)
All
buildings or portions thereof classified as Use Group I in accordance
with IBC.
(5)
All
buildings or portions thereof of Use Groups R-1 and R-2 as defined
by IBC.
(6)
All
buildings or portions thereof of Use Group R-4 where more than one
individual is being cared for.
(7)
All
buildings or portions thereof classified as mercantile in accordance
with IBC and having more than 2,999 gross square feet of area.
(8)
All
buildings or portions thereof classified as business in accordance
with IBC and having more than 2,999 gross square feet of area.
(9)
All
buildings or portions thereof classified as factory in accordance
with IBC and having more than 2,999 gross square feet of area or which
are two or more stories in height, including basements.
(10)
All buildings or portions thereof classified as storage in accordance
with IBC and having more than 2,999 gross square feet.
(11)
All buildings or portions thereof classified as high hazard in accordance
with IBC.
(12)
All buildings or portions thereof that are protected by automatic
sprinklers except one- and two-family dwellings.
B.
All fire alarm systems installed in compliance with this section
or installed in compliance with any previous regulations shall transmit
alarm, supervisory and trouble signals to the Fire Department by way
of a radio alarm transmitter approved by the Fire Department.
C.
The Fire Chief may issue regulations concerning the specific methods
to be used when installing fire alarm systems. These regulations are
incorporated in the Salem Fire Department Fire Alarm Rules and Regulations
and herein.
D.
Existing buildings.
(1)
Existing buildings not in compliance with this section shall be allowed
to continue to be occupied provided there is no change in use group
classification caused by a change of occupant or change of operations.
(2)
Any building not in compliance with this section that is remodeled
or altered to an extent that the cost of building modifications exceeds
25% of the assessed value as determined by the Town Assessor shall
install all required fire alarm systems prior to occupancy.
(3)
Any building not in compliance with this section that is remodeled
or altered to an extent that the size of building modifications exceeds
25% of the gross square footage shall install all required fire alarm
systems prior to occupancy.
(4)
For the purpose of this section any remodeling, renovation, addition
or other construction started, finished or for which permits have
been issued within the previous year (365 days) shall be included
in determining the extent of remodel, alteration or revaluation.
E.
No person, firm, company or corporation shall install, repair, or
operate any fire alarm equipment without having first obtained a certificate
of fitness from the Fire Department. Emergency repairs shall require
prior authorization from the Fire Department.
F.
The owner, operator and occupant of any building shall be individually
and separately responsible for compliance with this section.
G.
All required fire alarm systems monitored or supervised by the Salem
Fire Department shall be assessed an annual monitoring fee as set
forth on the fee schedule adopted by the Town of Salem Board of Selectmen.
[Amended by the Board of Selectmen 11-2-2015]
Any building with an automatic sprinkler system, fire alarm
system or firefighter elevator recall shall be provided with an emergency
access key vault (Knox-Box®) compatible with the Salem Fire Department
key system. Each key vault will be supplied with all necessary keys
to gain access to all interior spaces within the building. Property
owners and occupants shall notify the Fire Department when keys or
locks are changed and provide keys for the key vault.
Any building with an automatic sprinkler system, fire alarm
system or key vault will provide a list of not fewer than three people
who can be contacted after normal working hours to provide information
about the building or who can respond to emergency request for assistance
to the Fire Department. The owner and occupant shall notify the Fire
Department of all changes to the emergency contact list.
A.
In buildings constructed after the adoption of this section in which
elevators are provided or required by this or other codes, including
the Americans with Disabilities Act, at least one elevator car in
each bank of elevators shall have a minimum inside clear dimension
of 60 inches by 96 inches with a minimum door opening of 42 inches.
The elevator shall be designated by the international medical symbol
for emergency medical services (Star of Life).
A.
Any building that causes more than one Fire Department emergency
response in any thirty-calendar-day period or more than three in any
three-hundred-sixty-five-day period due to a faulty fire alarm or
sprinkler system shall be charged a nuisance fee established by the
Board of Selectmen and payable to the Town Clerk.
B.
Any detection device which activates without cause shall be marked
on the first occurrence with a single line. Upon a second false activation
the device shall be marked with an X and shall be replaced.
C.
Any sprinkler system that improperly reports an alarm condition shall,
upon order of the fire official, be inspected by a person holding
a valid certificate of fitness. Any system that for lack of maintenance
or repair, improper installation or failure of the piping system is
not in proper working order as determined by the fire official shall
be subjected to an air tightness test of 40 pounds per square inch.
Any system that leaks more than 10 pounds of air in 24 hours shall
be repaired or replaced.
A.
The owner and occupant of any property on or adjacent to which is
placed a public or private fire hydrant shall maintain the hydrant
in an unobstructed condition for a ten-foot diameter at all times.
Obstructions shall include but are not limited to:
B.
All water mains and related fire protection piping and hydrants shall
be installed in compliance with Salem Water Division regulations.
Private fire hydrants shall be painted in accordance with the most
recent edition of NFPA 25.
[Amended by the Board of Selectmen 11-2-2015]
C.
With the exception of Town of Salem employees, no person, firm or
corporation shall use, open, or otherwise access the municipal water
system without the express written authorization of the Salem Water
Division.
[Amended by the Board of Selectmen 11-2-2015]
D.
Any development or site approval that is within 500 feet of an existing
municipal water supply shall be provided with municipal water for
fire protection. Water mains and hydrants shall be installed in accordance
with the State Fire Code and Salem Water Division regulations. All
water main extensions shall be installed or bonded to the Town at
the time of the site approval, and no certificate of occupancy may
be issued until the water main and all associated testing are completed
and the Water Division has released the construction for use. Exception:
Site approvals and developments of not more than two additional lots
for single-family homes not exceeding 3,000 square feet may be waived
upon special request for an exception to the Fire Chief.
[Amended by the Board of Selectmen 11-2-2015]
E.
Fire cisterns. In areas where municipal water is not available and
approval has been granted by the Fire Chief, cisterns may be installed
in lieu of water mains. Cisterns shall not be approved where the development
is located within 500 feet of an existing water service. Cisterns
shall be provided whenever there is a subdivision of land creating
three or more residential lots, including the original lot. Any commercial
development that is located more than 500 feet from a municipal water
service shall be provided with a cistern or a water main extension.
(1)
Cisterns shall be sized in accordance with the State Fire Code by
multiplying the fire flow in gallons per minute by the required duration
converted to minutes. Construction types shall be as defined in the
International Building Code.
[Amended by the Board of Selectmen 11-2-2015]
(2)
Cistern locations shall be approved by the Bureau of Fire Prevention
and shall be installed in accordance with regulations published by
the Salem Fire Department. All cistern installations shall be bonded
to the Town and shall be certified liquid-tight for one year after
acceptance.
(3)
Exception. Owners of site approvals and developments of single-family
homes may install and maintain residential sprinkler systems complying
with the most recent revision of NFPA 13D.
[Amended by the Board of Selectmen 11-2-2015]
All fire protection systems, devices, systems and related components
shall be installed in accordance with the requirements of the International
Building Code, State Fire Code, International Mechanical Code, NFPA
and other recognized standards. Where there is a conflict between
codes, that code which provides the highest degree of safety as determined
by the fire official shall prevail. All systems, devices, and related
components shall be maintained in accordance with the most recent
revision of NFPA 25 and the State Fire Code. All private fire hydrants
shall be flow tested annually and shall be color coded in accordance
with the most recent revision of NFPA 25.
[Amended by the Board of Selectmen 11-2-2015]
Pursuant to RSA 31:39 and RSA 155-A, violations of this article
shall be subject to the civil penalty set forth in RSA 676:17.