[NRO 1975, T. 9, §§ 901
and 902 (Secs. 8-41 to 8-43 of the 1987 Code)]
[Amended 5-26-1977 by Ord. No. O-77-152; 12-8-1987 by Ord. No. O-87-170; 12-9-1998 by Ord. No. O-98-80]
The 1997 Edition of the National Fire Protection Association NFPA 1 Fire Prevention Code is hereby adopted as the Fire Prevention Code of the City with the additions, insertions, deletions, and changes provided in § 156-8 of this article.
[Amended 5-26-1977 by Ord. No. O-77-152; 10-12-1982 by Ord. No. O-82-54; 12-14-1982 by Ord. No. O-82-76; 12-8-1987 by Ord. No. O-87-170; 12-9-1998 by Ord. No. O-98-80; 5-23-2000 by Ord. No. O-00-29; 2-24-2004 by Ord. No. O-04-01]
The following sections of the Fire Prevention
Code adopted in this article are hereby amended as follows:
A.
Section 1-5.1 is amended to read as follows:
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1-5.1 This code applies to both
new and existing conditions. In various chapters, there are specific
provisions that may differ from those for new facilities.
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Exceptions:
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(1)
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Owner-occupied one- and two-family homes.
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(2)
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Conditions which in the opinion of the authority
having jurisdiction do not present a distinct hazard to life or property.
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B.
Section 1-5, Application, is amended by the addition of the following Section 1-5.10:
[Amended 12-13-2016 by Ord. No. O-16-026[1]]
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1-5.10 The authority having jurisdiction
shall have authority to promulgate rules or standards for situations
not specifically addressed in this code. All promulgated rules prior
to being effective shall be approved by the Board of Building and
Fire Codes Appeals.
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[1]
Editor’s Note: This ordinance also provided that all
members of the existing Building Code Board of Appeals and Board of
Fire Prevention Code Appeals must be appointed and confirmed to this
new Board of Building and Fire Codes Appeals and designated as a member
or alternate member.
C.
Section 1-6.4 is amended to read as follows:
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1-6.4 The authority having jurisdiction
may require each application for alternative fire protection to be
filed with the authority having jurisdiction and shall be accompanied
by such evidence, letters, statements or results of tests or other
supporting information as may be required to justify the requests.
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D.
Section 1-7.1 is amended to read as follows:
[Amended 12-13-2016 by Ord. No. O-16-026[2]]
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1-7.1 Board of Building and Fire Codes
Appeals. There is hereby established a Board of Building and
Fire Codes Appeals. The Board of Building and Fire Codes Appeals shall
consist of five members and three alternate members who are qualified
by experience and training to rule on matters pertaining to building
construction and fire prevention. Each member shall be a professional
engineer, architect, builder, superintendent of building construction,
master plumber, master electrician, gas fitter, fire inspector, fire
investigator, or any other such person qualified by education or experience,
in the opinion of the Building Official, Fire Official, and the Mayor,
to serve as a member of the Board. Each member shall be a resident
of the City. The members shall be appointed by the Mayor and confirmed
by the Board of Aldermen. Each member shall hold office for three
years or until a replacement is appointed. The Board of Building and
Fire Codes Appeals shall adopt rules of procedure relative to application
for appeals and actions upon the same.
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[2]
Editor’s Note: This ordinance also provided that all
members of the existing Building Code Board of Appeals and Board of
Fire Prevention Code Appeals must be appointed and confirmed to this
new Board of Building and Fire Codes Appeals and designated as a member
or alternate member.
E.
Section 1-7.2 is amended to read as follows:
[Amended 12-13-2016 by Ord. No. O-16-026[3]]
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1-7.2 Appeals. Appeals to the Board
of Building and Fire Codes Appeals are taken by any person aggrieved
by any decision on interpretation by the Fire Official made under
the provisions concerning the Fire Code, Life Safety Code, ordinances
concerning firesafety or any decision or interpretation of the Fire
Official related to the above.
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[3]
Editor’s Note: This ordinance also provided that all
members of the existing Building Code Board of Appeals and Board of
Fire Prevention Code Appeals must be appointed and confirmed to this
new Board of Building and Fire Codes Appeals and designated as a member
or alternate member.
F.
Section 1-7.3 is amended to read as follows:
[Amended 12-13-2016 by Ord. No. O-16-026[4]]
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1-7.3 Application. An application
for appeal must be submitted to the Board of Building and Fire Codes
Appeals within 20 days of the notice or order of the Fire Official.
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[4]
Editor’s Note: This ordinance also provided that all
members of the existing Building Code Board of Appeals and Board of
Fire Prevention Code Appeals must be appointed and confirmed to this
new Board of Building and Fire Codes Appeals and designated as a member
or alternate member.
G.
Sections 1-7.4 and 1-7.5 are deleted in their entirety.
H.
Section 1-15.1 is amended to read as follows:
[Amended 8-14-2007 by Ord. No. O-07-107]
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1-15.1 The authority having jurisdiction is authorized to establish and issue permits, certificates, notice and approvals or orders pertaining to fire control and fire hazards pursuant to this section. A schedule of required permits shall be on file in the office of the authority having jurisdiction. Fees for permits shall be in accordance with § 156-21.
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I.
Section 1-15.16(1)2 is amended to read as follows:
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1-15.16(1)2A Separate permit, valid
for the duration of the holder's insurance, shall be required to conduct
a blasting operation.
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J.
Section 1-15.16(o) is amended to read as follows:
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1-15.16(o) Fire works. Possession,
storage, manufacture, sale, or discharge of fireworks within the jurisdiction.
See also NRO Sec. 8-87.
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K.
Section 1-15.16 is amended by adding the following:
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1-15.16(ff) Assembly Occupancies.
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L.
Section 1-16.1(e) is amended to read as follows:
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1-16-1 (e) Design, installation,
servicing or recharging or fixed fire-extinguishing systems.
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M.
Section 1-16.1 (f) is amended to read as follows:
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1-16.1 (f) Design, installation
or servicing of fire alarm or fire communications systems.
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N.
Section 1-16, Certificates of Fitness, is amended by the addition of the following Section 1-16.15:
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1-16.15 Standards and/or qualifications
for certificates of fitness shall be approved by the Board of Fire
Prevention Code Appeals.
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O.
Section 3-1.2 is amended to read as follows:
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3-1.2 Every new and existing building
shall comply with this code and NFPA 101 Life Safety Code, as adopted
by the City. See also Section 1-5.1.
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P.
Section 3-2, Electrical Fire Safety, is amended by
the addition of the following Section 3-2.6:
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3-2.6 The authority having jurisdiction
shall report electrical hazards to the City Electrical Inspector for
follow up and enforcement.
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Q.
Section 3-4.7 is amended to read as follows:
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3-4.7 No charcoal burner shall
be kindled, maintained or used within five feet of a combustible building.
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R.
Section 3-4, Open Outdoor Fires, Incinerators, Outdoor
Fireplaces, is amended by the addition of the following Section 3-4.9:
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3-4.9 See also Chapter 110 of the City Code and NH RSA 224.
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U.
Chapter 3, General Provisions, is amended by the addition
of the following Section 3-14:
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3-14 Cooking appliances within
individual living units in board and care facilities, hotels, dormitories
and lodging or rooming houses are subject to approval by the authority
having jurisdiction.
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V.
Section 9-2 Operating Features is amended by the addition
of the following Section 9-2.10:
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9-2.10 Assembly occupancy of over
300 occupants requires a fire alarm system, and shall have the type
of system determined by the authority having jurisdiction based on
the hazards present.
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W.
Section 17-1 is amended to read as follows:
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17-1 Application. New and existing
apartment buildings shall comply with this chapter and the referenced
edition of NFPA 101.
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Exception: Egress in multifamily dwellings shall
comply with the Nashua Housing Code.
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X.
Section 31-2 is amended to read as follows:
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31-2 Pyrotechnics before a Proximate Audience. Public display of fireworks shall be in accordance with the applicable
NH RSA and rules of the State of New Hampshire.
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[Added 6-26-2018 by Ord.
No. O-18-010]
A.
Section 65.9.1 of the 2009 Edition of the National Fire Protection
Association NFPA 1 Fire Prevention Code states:
(1)
"65.9.1 The manufacture, transportation, storage,
sale, and use of explosive materials shall comply with NFPA 495, Explosive
Materials Code, and NFPA 498, Standard for Safe Havens and Interchange
Lots for Vehicles Transporting Explosives."
B.
In addition to state law, state administrative rules, and the above-referenced
adopted NFPA Codes, the City has the following additional requirements
with respect to explosives and blasting:
(1)
Permit application.
(a)
Permit applications and all required documentation shall be
submitted to the Nashua Fire Marshal a minimum of seven days prior
to scheduled commencement of work for review and verification of completeness
of application. Any omission of required information shall be considered
a reason for denial.
(b)
Permits will be issued no more than seven days in advance of
the blast and will be valid for no more than seven days as identified
by the dates listed on the permit, and may be extended per approval
of the Fire Marshal, subject to an additional fee.
(c)
The following must be submitted with the application:
[1]
A copy of the license issued under RSA Chapter 158 by the State
Police to the applicant allowing purchase, storing, and transport
of high explosive, along with proof of identification.
[2]
A copy of blasting supervisor's and all other blaster's
certificates of competency for explosives issued under RSA Chapter
158 by the State Police.
[3]
A list of owner(s) of the property and/or responsible parties.
[4]
A letter of permission from the property owner(s) of the blasting
or explosives discharge site.
[5]
Approved, stamped site plan delineating area of blasting.
[6]
A blast plan consisting of a detailed map and plan locating
the blast site, blast area, all buildings and structures within 500
feet of the blast area or such extended distance as may be specified
by the Fire Marshal.
[7]
Copies of safety data sheet (SDS) and/or technical data sheet
information for all products, materials and compounds that will be
used on the site in association with the blasting operation.
[8]
Insurance requirements as follows:
[a]
Coverage must be written with an insurance carrier
licensed to do business in the State of New Hampshire. The certificate
of insurance must name the City of Nashua as additional insured.
[b]
The City of Nashua requires 30 days' written
notice of cancellation or material change in coverage.
[c]
Comprehensive general liability: $1,000,000 per
occurrence; $2,000,000 aggregate.
[d]
Certificate of insurance must reflect that coverage
includes blasting.
[e]
Motor vehicle liability: $1,000,000 combined single
limit.
[f]
The certificate holder must be listed as: City
of Nashua, 229 Main Street, Nashua, NH 03060.
[g]
Workers' compensation: as required by statute.
(d)
Prior to acting on any permit, the Fire Marshal may consult
with such federal, state and/or City officials and employees whose
area(s) of responsibility are, or may be, affected by the proposed
blasting operation.
(e)
After review and verification by the Fire Marshal, or as determined
by the Fire Marshal by an independent expert on an as-needed basis
at the applicant's expense, the Fire Marshal shall act on the
application and either issue the permit, with any condition(s) necessary
to achieve the purposes of state law or regulation, NFPA codes, or
City ordinances, or deny the permit application, along with the reason(s).
(2)
Additional preblast inspection requirements.
(a)
Prior to conducting any blasting, the applicant or their agent
shall conduct preblast structural condition inspections on all structures
within 250 feet from the location of all proposed blasts or such extended
distance as may be specified by the Fire Marshal prior to permit issuance.
The preblast survey shall document the existing visual conditions
of the interior and exterior of the structure, including improvements
to the property and other physical factors that could reasonably be
affected by the blasting. Structures such as pipelines, cables, transmission
lines, cisterns, wells, and other water systems warrant special attention;
however, the assessment of these structures may be limited to surface
conditions and other readily available data.
(b)
The individual person or entity conducting the inspection shall
give written notice, not less than 10 days in advance, to the owner
of the property concerned, as well as to any tenants of the property.
The notice shall include:
[1]
Information on the blasting that will take place.
[2]
When blasting may occur, including dates and times, or a range
of dates and times.
[3]
A five-business-day window for a property owner and/or tenant
to request a preblast inspection.
[4]
The mailing address, e-mail address and telephone number those
property owner and/or tenants can use to obtain information regarding
the blasting or inspections, and to request, at no cost, preblast
inspections.
[5]
The mailing address, e-mail address and telephone number and
instructions about how and where to contact the applicant, or his
or her representative concerning blast-related complaints or claims.
(c)
Preblast inspections.
[1]
Descriptions on the preblast inspection shall locate any existing
cracks, damage, or other defects, and shall include such information
so as to make it possible to determine the effect, if any, of the
blasting operations on the defect.
[2]
Where significant cracks or damage exists, or for defects too
complicated to describe in words, photographs or videos shall be taken.
A photographic or video survey can be used in lieu of a written form.
[3]
The applicant, as well as the owner and/or tenant of the property
being inspected, shall sign all such inspections once completed.
[4]
A property owner and/or tenant refusal, for whatever reason,
to allow a preblast inspection, or to sign a preblast inspection form,
shall be noted on the preblast inspection form.
[5]
The applicant shall provide copies of the completed preblast
inspections to each property owner and/or tenant. When a blast inspection
is complete, with written consent of the property owner and/or tenant,
the Fire Chief, the Fire Marshal or their designees shall be permitted
to request a copy.
[6]
The inspections shall be kept by the applicant and be made available to the City, property owner and/or tenant pursuant to Subsection B(2)(c)[5], upon request, for a minimum of five years from the end date of the last blasting permit issued.
(3)
Post-blast inspections and blasting damage complaints.
(a)
Any property owner and/or tenant can request, and receive at no charge, a post-blast inspection, following the same requirements in Subsection B(2)(c), above.
(b)
Upon receipt of any blasting damage complaint, the applicant
shall notify the Fire Marshal of the complaint and provide a copy
of the blasting complaint within 24 hours. The applicant shall also
provide a copy of the applicant's blasting complaint investigation
findings when completed to the Nashua Fire Marshal's office.
(4)
Seismic measuring devices.
(a)
Prior to conducting any blasting, the applicant or their agent
shall identify the two closest structures to the blasting site not
owned by the owner of the blast site, that are within 500 feet or
such distance as designated by the Fire Marshal, and request written
permission from the owner(s) thereof to install and monitor seismic
measuring equipment.
(b)
The applicant shall make two attempts to obtain such permission.
(c)
If the second attempt is unsuccessful, the seismic measuring
equipment shall be installed between the structure and the blast location
as close as reasonable to the structure.
(d)
An explanation of the reason for such location shall be made
on the vibration monitoring report for such structure, and the peak
particle velocity (in inches/second) shall be extrapolated to the
structure using standard relations.
(e)
Blasting seismographs used to monitor ground and air vibrations
shall comply with the most recent version of the International Society
of Explosive Engineers (ISEE) "Performance Specifications for Blasting
Seismographs."
(f)
Where used, blasting seismographs shall be deployed in the field
according to the most recent version of the ISEE "Field Practice Guidelines
for Blasting Seismographs."
(g)
The Fire Marshal may require additional measuring devices when
necessary to protect property.
(h)
If an owner refuses to allow for or waives the placement of
seismic measuring equipment, the applicant shall note this on the
vibration monitoring report.
(i)
Documentation of any such refusal shall be filed with the Nashua
Fire Marshal's office to include the date, time and, if available,
the names of the persons giving the refusal.
(5)
Blasting notification.
(a)
The applicant shall contact the nonemergency number for Nashua
Fire Dispatch not less than each day before blasting, and 15 minutes
before the scheduled blast and provide the address of the blasting
site, the total pounds of explosives and the number of charged holes.
(b)
The applicant shall notify the Fire Dispatch when the all clear
has been given after the scheduled blast.
(c)
Signboards and flags indicating areas where blasting operations
are occurring shall be clearly visible and legible from all points
of access to the area.
(d)
Blast area signs shall clearly indicate the length and nature
of audible blast warning and all clear signals.
(e)
The applicant shall use sirens or horns or both sirens and horns
with sufficient intensity such that they can be heard for a minimum
distance of 1,000 feet in all directions.
(6)
Flyrock control.
(a)
Except as previously approved by the Fire Marshal, all blasts
within 1,000 feet of any structure, power transmission line or communications
tower shall be covered with an adequate blasting mat or shield and
secured together properly.
(b)
In the event that flyrock is identified beyond the blast site
or lands on or within 15 feet of a traveled roadway, the applicant
shall cease all blasting operations.
(c)
Immediate notification shall be made to the Fire Marshal of
the flyrock incident and the locations of where the flyrock had landed.
(d)
The blasting contractor shall review the flyrock incident and
determine the cause and solution for the incident. This report shall
be filed with the Fire Marshal prior to issuance of any further blasting
permits.
(7)
Blasting monitoring.
(a)
The Fire Marshal reserves the right to have personnel on site
at any time at a cost to the applicant to monitor any and all activities
of the applicant. These representatives shall have the right to order
all blasting operations to cease at any time.
(b)
The City reserves the right to require additional condition
surveys and/or placement of seismic measuring equipment on properties
should the need arise due to complaints or other causes.
(c)
The City reserves the right to require an independent expert
observer to ensure that all laws and requirements are being met should
there be a concern based on prior experiences or acts.
(d)
The costs associated with these additional requirements shall
be borne by the applicant.
(8)
Storage of explosive materials on site.
(a)
The unsupervised storage of explosive materials or blasting
agents on site is hereby prohibited in the City of Nashua.
(b)
The supervised storage amount on site is limited to the amount
planned for a single daytime use for times outlined in the blasting
permit.
(c)
Loaded explosives intended for detonation are considered storage
for blasting purpose. In the event that there are issues that may
arise preventing the detonation of explosives, the applicant shall
immediately notify the Fire Marshal for further actions and requirements.
(9)
Notifications.
(a)
Emergency notifications. An applicant shall immediately report
to Nashua Fire Rescue and Nashua Police Department:
[1]
The discovery of any loss, theft, or unlawful removal of explosive
materials.
[2]
If there is any explosion, fire or other accident occurring
in connection with the keeping, storage, manufacture, handling, transportation,
use or other disposition of explosives causing loss of life or injury
to any person or damage to property.
[3]
Any loading of holes or blasting which occurred without a valid
permit issued by the Fire Department.
(c)
The applicant shall follow up any emergency or nonemergency
notification with a written incident report, submitted to the Fire
Marshal's office within 24 hours.
(d)
These notifications will not relieve the applicant of any other
required state or federal notifications.
(10)
Additional prohibitions.
(a)
Applicants shall only detonate explosives between the hours
of 8:00 a.m. and 5:00 p.m. unless authorized by the Fire Marshal.
(b)
No blasting or explosive discharge shall be conducted on Saturdays
or Sundays or on days observed as state or national holidays unless
approval has been obtained from the Fire Marshal.
(c)
No blasting or loading of explosives shall be conducted after
an order to cease blasting operations has been issued by the Fire
Marshal and communicated to the applicant.
(d)
No drilling shall take place within 50 feet of any loaded hole(s).
(e)
No holes shall be loaded except those to be fired in the next
round of blasting.
(f)
Impacts to surface water or groundwater shall be controlled
by using industry best practices.
(g)
All explosives are to be shot on the day they are loaded.
(h)
After loading, all remaining explosives shall be immediately
returned to the appropriate magazine or storage containers. Any residue
spilled shall be completely cleaned up and containerized or reloaded
into another hole to be shot.
(11)
Revocation and restoration of permit; violations.
(a)
The Fire Marshal may revoke any permit upon a showing that the
applicant has violated any provision of state law or regulation, NFPA
Codes, City ordinance, or any requirement or condition of the issued
permit.
(b)
Any blasting or explosive discharge that occurs without a permit
may result in a thirty-day revocation pending an investigation by
the Fire Marshal and/or the New Hampshire State Police.
(c)
Any permit may be revoked or suspended upon a showing that a
condition or conditions exist which warrant such revocation or suspension
upon determination by the Fire Marshal.
(d)
The Fire Marshal may restore any permit that has been revoked
upon a showing that the condition(s) leading to the revocation have
been corrected.
(12)
Waivers for emergency conditions. In situations that pose a
possible or perceived danger to safety, the Fire Marshal may, for
a limited time, waive any City ordinance as may be necessary to avoid
and/or lessen that danger.
(13)
Interpretation. If there is any conflict between, or different
requirements or standards found in, state laws and regulations, the
NFPA Codes, and City ordinances, the more stringent requirement or
standard shall apply.
[Added 12-9-1998 by Ord. No. O-98-80]
Any person violating any of the provisions of the National Fire Protection Association NFPA 1 Fire Prevention Code or failing to comply with any order issued pursuant to any section thereof shall be guilty of a violation and upon conviction thereof shall be subject to punishment as provided in § 1-12 of the City Code for each offense. Each day that a violation continues after a service of notice as provided in the code shall be deemed a separate offense.
