Chapter 70 Fire Prevention and Life Safety

The purpose of this chapter is to prescribe minimum regulations governing life safety and hazardous conditions to life and property from fire or explosion.

The provisions of this chapter shall apply to all properties, buildings, and structures within the Town of Windham.

Administration and enforcement. This chapter shall be administered and enforced by the Town of Windham Fire-Rescue Chief and/or any designee of the Fire-Rescue Chief, further identified in this Ordinance as the Authority Having Jurisdiction or AHJ.

Adoption of NFPA 1 Fire Code by reference. A certain document, three copies of which are on file in the office of the Town of Windham, with one copy being in the Town Clerk's office, marked and designated as the NFPA 1 Fire Code, as published by the National Fire Protection Association, as adopted and amended by the State of Maine, is hereby adopted as the Fire Code of the Town of Windham (5 M.R.S.A. §§ 2361, 2452, 2465 and 8001 through 11008).

Adoption of NFPA 101 Life Safety Code by reference. A certain document, three copies of which are on file in the office of the Town of Windham, with one copy being in the Town Clerk's office, marked and designated as the NFPA 101 Life Safety Code, including Appendixes A and B, as published by the National Fire Protection Association, as adopted and amended by the State of Maine, is hereby adopted as the Life Safety Code of the Town of Windham for control of buildings and structures as herein provided (25 M.R.S.A. §§ 2361, 2452, 2465 and 8001 through 11008).

Building permit and construction plan review.

The Fire-Rescue Chief or his/her designee shall conduct a plan review under the provisions of Chapter 120, Land Use, of the Code of the Town of Windham for any nonresidential structures and any residential structures installing a sprinkler system, whether required or not, including but not limited to structures that require site plan approval, building permit, occupancy inspection or for a change of use.

The Fire-Rescue Chief or his/her designee shall review all road accesses in subdivisions and site plans and review fire prevention measures and general layout of all developments or dwellings, boardinghouses, dormitories, hotels, motels, and multifamily dwellings (including, but not limited to, townhouses, condominiums, and any other building that houses three or more dwelling units).

The Windham Fire-Rescue Chief or his/her designee shall review all required site plans and sprinkler plans; however, all sprinkler system plans shall also be subject to approval by the State Fire Marshal's office.

Third-party review. Due to the complexity of certain projects, buildings, or developments, the Fire-Rescue Chief may require third-party review of the plans prior to approval. All costs associated with third-party review under this section shall be the sole responsibility of the applicant, developer, or property owner.

Violations and penalties.

Any person, firm or corporation, being the owner or occupant of, having control of, or the use of, any building or premises, or part thereof, who violates any of the provisions of this chapter shall be subject to the laws and liability of 30-A M.R.S.A. § 4452.

AUTHORITY HAVING JURISDICTION

The AHJ is authorized to, in writing, suspend or revoke a certificate of occupancy issued under provisions of Chapter 120, Land Use, wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any of the provisions of this chapter.

Appeals. Any person aggrieved by a decision under this chapter may file an application with the Board of Appeals in accordance with Article 11 of Chapter 120, Land Use, of the Code of the Town of Windham.

Enforcement. The AHJ, with advice and consent of the Town Manager, is authorized to institute or cause to be instituted by the Town Council, in the name of the Town of Windham, any and all actions, legal or equitable, that may be appropriate or necessary for the enforcement of this chapter.

§ 70-2 Definitions.

Wherever used in this chapter, the following terms shall have the meaning as given below:

The "authority having jurisdiction" (AHJ) shall be the Chief of the Windham Fire-Rescue Department or his/her designee.

GROSS FLOOR AREA

The sum of the horizontal areas of all enclosed areas of a building, including cellars, basements, mezzanines, penthouses, corridors and lobbies, measured from the exterior face of the exterior walls or from the center line of a common wall separating two buildings, but excluding any spaced with a floor-to-ceiling height of less than six feet six inches.

RECREATIONAL FIRE

An outdoor fire burning materials other than rubbish, trash, or other waste materials, where the fuel being burned is not contained in an incinerator, outdoor fireplace or barbecue pit or barrel and has a total fuel area of three feet or less in diameter or three feet or less in height and is prepared for pleasure, recreating, cooking, warmth, or similar purposes.

§ 70-3 Alarm systems.

This section establishes requirements for alarm system installation and monitoring.

Any structure or building consisting of at least 2,000 square feet of gross floor area, with the exception of single- and two-family dwellings, shall have an approved, fully addressable fire alarm system that complies with NFPA 72, National Fire Alarm and Signaling Code.

Exception. Single- and two-family dwellings shall install a fully addressable alarm system if required under an approved subdivision plan.

Any existing buildings of at least 2,000 square feet of gross floor area that do not have an alarm system as of the effective date of this chapter shall not be required to install one, except as required by § 70-3D of this chapter.

Any building, with the exception of one- and two-family dwellings, that is required to have a sprinkler system shall have a supervised alarm, detection, and notification system that complies with NFPA 72. This shall be considered a fully addressable system.

Building additions that require alarm systems; monitoring.

Any proposed additions that bring the total gross floor area of the building to 2,000 square feet or more shall have an approved alarm system throughout the entire building (i.e., not only the new addition). Installation of the system in the existing portion(s) of the building may be phased, subject to the approval of the AHJ.

If said building is required under this section to have an alarm system, the alarm system shall be monitored.

At no time shall anyone other than a qualified fire alarm installer, fire alarm service personnel or Fire-Rescue Department representative deactivate or restore an alarm for any reason.

In the event an alarm system installed under this section malfunctions or is rendered inoperable, it shall be repaired and returned to operation within 45 calendar days. Any nonfunctioning alarm system shall cause notification to the Windham Fire-Rescue Department. Failure to remedy a nonfunctioning alarm system shall result in a suspension or revocation of the certificate of occupancy until such time that the corrections have been made and approved by the AHJ.

The AHJ reserves the right to grant an extension of time when extenuating circumstances beyond the control of the occupant have been outlined and brought forth by the occupant and a correction date has been accepted by the AHJ before the expiration of the thirty-calendar-day time period set forth herein. This extension of time is intended to be used only for rare occasions and will not be granted for unsubstantiated reasons.

All buildings, structures, or dwellings subject to this chapter may be inspected annually for fire alarm code and ordinance compliance.

The fire alarm panel shall be located as near as possible to the main exit door. There shall also be a building map located at the fire alarm panel showing each zone of the building.

§ 70-4 Sprinkler systems.

This section shall govern the installation and maintenance of sprinkler systems in buildings and structures subject to this section.

Building requirements; exemptions.

All new buildings, structures, or dwellings containing at least 7,500 square feet of gross floor area served by public water or within 1,000 linear feet of a hydrant serviced by the Portland Water District, or 4,000 square feet of gross floor area not served by public water or greater than 1,000 linear feet from a hydrant serviced by the Portland Water District, shall be required to have an approved automatic fire sprinkler system in all areas of the building that must comply with this section.

Single- and two-family dwellings are exempted from the requirements of Subsection A(1) unless the Planning Board establishes a requirement for a sprinkler system through a site plan or subdivision approval process. Sprinkler systems for mixed-use buildings are required by § 120-525 of Chapter 120, Land Use, even if such buildings include a single- or two-family dwelling.

Buildings and structures less than 12,000 square feet in gross floor area that are included in the exemptions established by the current adopted edition of the Maine Uniform Building and Energy Code, as defined in 10 M.R.S.A. § 9721, are exempt from this requirement.

For purposes of this section, an "approved automatic sprinkler system" shall mean a system installed in accordance with the National Fire Protection Association (NFPA) Standard 13, NFPA 13R or NFPA 13D and in accordance with the provisions of this section and approved by the State Fire Marshal's Office and shall remain subject to the AHJ's approval.

All automatic sprinkler systems shall be an approved system listed by Underwriters Laboratories (UL) or Factory Mutual (FM) fire insurance underwriters, an approved Maine life safety sprinkler system, or otherwise deemed acceptable by the AHJ.

Any structure requiring the installation of an NFPA Standard 13, 13D, or 13R system shall have a Fire-Rescue Department connection. The location and type of Fire-Rescue Department connection shall be approved by the AHJ. The Fire-Rescue Department connection shall be identified by a sign, plaque, or plate identifying it as a "Fire-Rescue Department Sprinkler Connection."

The property owner shall keep the Fire-Rescue Department connection clear of any obstructions and maintained in good, serviceable condition at all times.

All systems required to be installed under this section shall be reviewed and approved by the AHJ in accordance with this section.

No certificate of occupancy shall be issued until the automatic sprinkler system has been properly installed and tested by a State of Maine licensed installer and approved by the AHJ.

All automatic sprinkler systems installed under this section shall be required to comply with the following:

Installation, extension, modification, or alteration shall be done by a State of Maine licensed installer.

Plans for the installation of any system containing 10 or more sprinkler heads, or the modification of an existing sprinkler system containing 10 or more additional sprinkler heads shall be approved by the State Fire Marshal's office and the AHJ.

A tamper switch alarm at the system shutoff.

(4)

Any building that is required to be sprinkled by this section shall have an NFPA 72-compliant supervised alarm system installed, as set forth in § 70-3 of this chapter.

(5)

An outside water flow alarm.

(6)

A butterfly valve will not be allowed on any NFPA Standard 13, 13D, or 13R systems.

Maintenance and shutdown.

The property owner shall maintain all sprinkler systems, standpipe systems, and component parts in good working condition at all times. It shall be unlawful to tamper with any system under this section, except that this shall not prohibit necessary testing, repairs, alterations, or additions, provided that the testing, repairs, alterations or additions are done in such a way as to avoid the creation of a safety hazard. The AHJ shall be notified before such testing, repairs, alterations, or additions are conducted.

Automatic sprinklers and standpipes may be shut down subject to the following conditions:

(a)

A letter has been provided to the AHJ stating that the sprinkler system and/or standpipe has been shut down and rendered inoperable.

(b)

The building remains unoccupied during the shutdown, except for the property owner or their representative to conduct occasional walk-through inspections.

(c)

A fire watch by trained personnel shall be required if the building is to be occupied during a shut down and/or when potentially hazardous conditions, or a reduction in life safety features exist due the type of performance, display, exhibit, occupancy, contest, or activity; an impairment to a fire protection feature; or the number of people present.

(d)

A licensed sprinkler contractor or inspector has properly shut down the sprinkler system.

(e)

The system is reactivated only by an installer or technician licensed by the State of Maine.

The AHJ may prohibit the continued occupancy of any structure or portion of a structure, and may post such structure against occupancy, if the AHJ determines that such occupancy presents an immediate life-threatening situation. If the AHJ prohibits continued occupancy of the structure, no further occupancy shall occur until the situation identified as life-threatening has been corrected in a manner that removes the threat, as determined by the AHJ.

Any building having more than one sprinkler riser shall have the risers separately zoned and wired to a local fire alarm panel to provide zone identification upon activation.

Any structure containing an automatic sprinkler system shall be required to have a yearly test completed on the system by a qualified sprinkler technician. A written copy of the yearly test report shall be forwarded to the AHJ.

§ 70-5 Emergency vehicle access.

Any new commercial building will provide emergency vehicle access to the site by providing turning radius mark up plans.

Any new commercial building will provide aerial ladder access to the building as approved by the AHJ.

During the plan review process for any new or change of use for existing projects, fire lanes may be required by the AHJ.

For the purposes of this section, a fire lane is a designated unobstructed passageway that is constructed and maintained in a manner to permit free passage of fire apparatus and other emergency equipment and personnel from a public way to all necessary areas, regardless of season of year or weather conditions, in areas or in developments of any type, as may be required in this article.

§ 70-6 Plan approval.

This section shall govern the plan approval process as it pertains to gaining approval from the Windham Fire-Rescue Department.

Subdivisions and site plans subject to Planning Board approval shall be reviewed by the AHJ or his/her designee; findings and recommendations by the Windham Fire-Rescue Department regarding the proposed plan's compliance with this chapter may be given to the applicant prior to the plans being presented to the Planning Board.

§ 70-7 Key boxes.

This section establishes requirements for the installation of key boxes on new buildings for Fire-Rescue Department access.

Any nonresidential structure that is constructed on or after the effective date of this chapter, or an addition to a nonresidential structure that brings the building size to over 2,000 square feet of gross floor area, and which is subject to the provisions contained in this chapter, shall be required to install a key box for Fire-Rescue Department access. This box shall be as approved by the AHJ.

A key or set of keys that allows entrance into an occupancy and access to all fire alarm and suppression systems shall be provided and placed in the box.

Key boxes may be monitored by a security system.

Key boxes shall meet requirements set forth by the AHJ.

The AHJ must approve the location and style of box before installation.

All installation procedures shall be followed to ensure the security of building keys prior to keys being placed in the box.

§ 70-8 Open burning.

This section establishes regulations for open burning. All open burning must comply with this section.

A permit shall be required for all open burning, except as allowed under § 70-8E.

The AHJ shall have the authority to deny issuance of burning permits for the protection of public safety and health.

At no time does the AHJ authority supersede the State of Maine Forest Service's authority to ban burning. If the State of Maine determines that burning is unsafe for any period of time, the AHJ will automatically deny burning permits for that time period.

Outdoor fireplaces shall not be located:

Within 25 feet of a structure.

Within 25 feet of combustible materials, unless contained in an approved manner (including a UL-or third-party-listed appliance).

Where condition(s) are present that could cause a fire to spread to within 25 feet of a structure.

Exception to open burning permit; other requirements.

Open burning permits are not required for recreational fires; provided, however, that if the recreational fire creates a nuisance, health or fire hazard, the recreational fire shall be extinguished upon order of the AHJ, which shall have the authority to extinguish any recreational fire if the property owner or other person responsible for the recreational fire fails to do so after such order; the cost of extinguishment may be assessed to the property owner in accordance with the Town's Fee Schedule.

Permanent barbecues, portable barbecues, outdoor fireplaces, grills or barrels shall not be used for the incineration of trash, rubbish, or any other combustible waste material.

§ 70-9 Occupancy plans review and building inspections.

All fires shall be constantly attended by a competent adult who shall have a garden hose connected to a water supply, or other fire extinguishing equipment, readily available for use.

(4)

Special note. All open burning shall be in conformity with existing laws and regulations of the State of Maine Forest Service, Department of Environmental Protection and local municipal ordinances. In accordance with Title 12 of the Maine Revised Statutes, the outdoor burning of plastic, rubber, styrofoam, metals, food wastes, chemicals, treated wood, or other solid wastes, except for wood wastes, is prohibited in all areas of the State of Maine.

This section shall establish requirements for approval from the AHJ prior to the issuance of certificates of occupancy and routine fire prevention inspections thereafter.

Any property plan review that is conducted by the Town of Windham Code Enforcement Department for any property that is required to conform to this chapter shall include the AHJ. The AHJ shall certify and make recommendations certifying that the building meets all conditions and regulations set forth by the Windham Fire-Rescue Department.

If the property under plan review does not conform to the requirements outlined during the plan approval process, the AHJ shall not approve the certificate of occupancy and shall make recommendations to the Code Enforcement Department for bringing the property into compliance with the requirements of this chapter.

All commercial structures or dwelling units that meet the requirements of this code may be inspected on a routine basis for compliance with the fire safety requirements set forth in this chapter and all codes adopted hereunder. Inspections shall be documented and retained by the Fire-Rescue Department as part of the property record.

Property owners will be notified in writing of violations determined during these inspections.

Unless otherwise noted in a mutually agreed upon written plan of correction, all violations must be corrected within 60 business days of the issuance of written notification of the violation.