[Adopted 4-12-1988 by Ord. No. O-88-17 (Secs. 8-58 to 8-66 of the 1987 Code)]
This article establishes minimum requirements
for the protection of buildings by the installation of fire-suppression
systems. Such requirements are in addition to the fire-suppression
requirements of the Building Code and Fire Code as adopted by the
City.[1] Where the provisions of this article differ from other
adopted codes of the City, the most stringent standard shall apply.
Words and terms used in this article shall have
meanings as defined in the Nashua Building or Fire Codes or, if not
defined herein, such words and terms shall have the meaning given
in Webster's Unabridged Dictionary.
A.
When systems required. Fire suppression systems shall
be installed in all new buildings and all existing buildings which
are hereafter enlarged or which are hereafter changed in use in whole
or in part where such new use involves a greater degree of hazard
to life or property.
B.
Exceptions:
(1)
Detached one- and two-family dwellings (Use Group
R-4, 1987 Edition, BOCA National Building Code).
(2)
Single-family dwellings including townhouses and row
houses (Use Group R-3, 1987 Edition, BOCA National Building Code.
(3)
Any building which is less than three stories in height
and less than 10,000 square feet in aggregate floor area, unless fire
suppression is otherwise required by the Building Code or the Life
Safety Code of the City.
(4)
Alternative protection. In special use areas of buildings
or structures, an automatic fire alarm system shall be installed in
lieu of a fire-suppression system where such fire-suppression system
installation would be detrimental or dangerous to the specific use
or occupancy, as approved by the Code Official and the Fire Code Official.
(5)
Structures of Use Group A-5, outdoor assembly. This
group shall include structures used for outdoor assembly intended
for participation in or reviewing activities, including grandstands,
bleachers, coliseums and stadiums, when of noncombustible construction.
For the purpose of this article, floor area
shall be calculated without regard to division by walls or partitions;
the entire floor area shall contribute to the determination of requirements.
Fire-suppression system selection shall conform
to the Building Code of the City. The installation methods, repair,
operation and maintenance of fire-suppression systems shall be in
accordance with the Building and Fire Codes of the City.
Whenever a building is protected by a fire-suppression
system, all benefits derived from the provisions of the Building Code
and Fire Codes of the City shall be applicable.
The Fire Code Official or his designee shall
enforce, interpret and administer the provisions of this article.
It shall be the duty of the Director of the Code Enforcement Department
to not issue any permit or certificate in violation of this article.
It shall be unlawful to build, occupy or use any building in violation
of this article.
[Amended 12-13-2016 by Ord. No. O-16-026[1]]
A.
Any person shall have the right to appeal to the Board of Building
and Fire Codes Appeals within 20 days from the receipt of a written
decision of the Building or Fire Official (also known as the "Code
Official"). An application for appeal shall be based on the claim
that the true intent of the codes or rules legally adopted have been
incorrectly interpreted, the provisions do not fully apply, an equivalent
form of construction can be used, or the decision appealed from results
in manifest injustice and is contrary to the spirit and purpose of
the Building or Fire Code and the public interest.
B.
Application for appeals and actions upon the same shall be in accordance
with the rules of procedure adopted by the Board of Building and Fire
Codes Appeals.
C.
Said Board of Building and Fire Codes Appeals shall be established
in accordance with the statutes of the State of New Hampshire and
the ordinances of the City and 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.
D.
The statutes of the State of New Hampshire and the provisions of
this section shall take precedence, concerning appeals, over any conflicting
provision in any referenced code adopted by the City.
E.
Said Board of Building and Fire Codes Appeals has no authority to
waive the requirements of the State Building Code or the State Fire
Code.
[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.
[Added 8-14-2007 by Ord. No. O-07-107]
A.
A permit shall not be valid until the prescribed fees
have been paid and the permit issued. No permit to begin work for
new construction, alteration, removal, demolition or other building
or fire operation shall be issued until the fees prescribed in this
section have been paid to the Office of the Fire Marshal, nor shall
an amendment to a permit necessitating an additional fee because of
an increase in the estimated cost or scope of work involved be approved
until the additional fee has been paid.
B.
The Board of Aldermen may, at its option, waive or
reimburse, as the case may be, payment of fees payable under this
section, in whole or in part, to the extent of the value of municipal
public improvements and/or land dedication, which an applicant obligates
itself to make, over and above impact fees and the applicant's fair
share of off-site improvements imposed as a condition of site plan
or subdivision approval.
(1)
Permits/fees:
(b)
(c)
Modification to existing suppression systems
(each system):
[1]
Application fee: $20.
[2]
Water and/or foam systems (all types):
[a]
One to six heads (addition of heads):
$30.
[b]
Seven to 20 heads (addition of
heads): $110.
[c]
Twenty-one to 100 heads (addition
of heads): $220.
[d]
Add for each head beyond 100: $1.
[e]
Change in head location only/per
floor maximum 10 heads: $30.
[f]
Annual corp. in-house modification
permit (per building): $300.
[4]
Carbon dioxide systems: $75.
[5]
Clean agent extinguishing systems: $75.
[6]
Dry chemical systems: $75.
[7]
Wet chemical systems: $75.
[8]
Other systems: $75.
(2)
(3)
Inspection fees (every two years unless noted):
(a)
Family day-care homes (up to six children):
$30.
(b)
Group day-care homes (seven to 12 children):
$50.
(c)
Day-care centers and/or nurseries (more than
12 children or more than four children under the age of two years
old): $100.
(d)
Foster care (up to three children/adults): $30.
(g)
Health care facility (nursing home/hospital),
annual: $200.
Any person who shall violate a provision of
this article shall be subject to fines and penalties in accordance
with the provisions of §§ 1-9, 1-11 and 1-12
of the City Code.