§ 143-138. North Carolina State Building Code.

§ 143‑138.  NorthCarolina State Building Code.

(a)        Preparation andAdoption. – The Building Code Council may prepare and adopt, in accordance withthe provisions of this Article, a North Carolina State Building Code. Beforethe adoption of the Code, or any part of the Code, the Council shall hold atleast one public hearing. A notice of the public hearing shall be published inthe North Carolina Register at least 15 days before the date of the hearing.Notwithstanding G.S. 150B‑2(8a)h., the North Carolina State Building Codeas adopted by the Building Code Council is a rule within the meaning of G.S.150B‑2(8a) and shall be adopted in accordance with the proceduralrequirements of Article 2A of Chapter 150B of the General Statutes.

The Council shall request theOffice of State Budget and Management to prepare a fiscal note for a proposedCode change that has a substantial economic impact, as defined in G.S. 150B‑21.4(b1),or that increases the cost of residential housing by eighty dollars ($80.00) ormore per housing unit. The change can become effective only in accordance withG.S. 143‑138(d). Neither the Department of Insurance nor the Councilshall be required to expend any monies to pay for the preparation of any fiscalnote under this section by any person outside of the Department or Councilunless the Department or Council contracts with a third‑party vendor toprepare the fiscal note.

(b)        Contents of theCode. – The North Carolina State Building Code, as adopted by the Building CodeCouncil, may include reasonable and suitable classifications of buildings andstructures, both as to use and occupancy; general building restrictions as tolocation, height, and floor areas; rules for the lighting and ventilation ofbuildings and structures; requirements concerning means of egress frombuildings and structures; requirements concerning means of ingress in buildingsand structures; rules governing construction and precautions to be taken duringconstruction; rules as to permissible materials, loads, and stresses; rulesgoverning chimneys, heating appliances, elevators, and other facilitiesconnected with the buildings and structures; rules governing plumbing, heating,air conditioning for the purpose of comfort cooling by the lowering oftemperature, and electrical systems; and such other reasonable rules pertainingto the construction of buildings and structures and the installation ofparticular facilities therein as may be found reasonably necessary for theprotection of the occupants of the building or structure, its neighbors, andmembers of the public at large.

(b1)      The Code mayregulate activities and conditions in buildings, structures, and premises thatpose dangers of fire, explosion, or related hazards. Such fire prevention codeprovisions shall be considered the minimum standards necessary to preserve andprotect public health and safety, subject to approval by the Council of morestringent provisions proposed by a municipality or county as provided in G.S.143‑138(e). These provisions may include regulations requiring theinstallation of either battery‑operated or electrical smoke detectors inevery dwelling unit used as rental property, regardless of the date ofconstruction of the rental property. For dwelling units used as rental propertyconstructed prior to 1975, smoke detectors shall have an Underwriters'Laboratories, Inc., listing or other equivalent national testing laboratoryapproval, and shall be installed in accordance with either the standard of theNational Fire Protection Association or the minimum protection designated inthe manufacturer's instructions, which the property owner shall retain orprovide as proof of compliance.

(b2)      The Code may containprovisions requiring the installation of either battery‑operated orelectrical carbon monoxide detectors in every dwelling unit having a fossil‑fuelburning heater or appliance, fireplace, or an attached garage. Carbon monoxidedetectors shall be those listed by a nationally recognized testing laboratorythat is OSHA‑approved to test and certify to American National StandardsInstitute/Underwriters Laboratories Standards ANSI/UL2034 or ANSI/UL2075 andshall be installed in accordance with either the standard of the National FireProtection Association or the minimum protection designated in themanufacturer's instructions, which the property owner shall retain or provideas proof of compliance. A carbon monoxide detector may be combined with smokedetectors if the combined detector does both of the following: (i) complieswith ANSI/UL2034 or ANSI/UL2075 for carbon monoxide alarms and ANSI/UL217 forsmoke detectors; and (ii) emits an alarm in a manner  that clearlydifferentiates between detecting the presence of carbon monoxide and thepresence of smoke.

(b3)      Except as providedby subsection (c1) of this section, the Code may contain provisions regulatingevery type of building or structure, wherever it might be situated in theState.

(b4)      Building rules donot apply to (i) farm buildings that are located outside the building‑rulesjurisdiction of any municipality, or (ii) farm buildings that are locatedinside the building‑rules jurisdiction of any municipality if the farmbuildings are greenhouses. For the purposes of this subsection:

(1)        A "farmbuilding" shall include any structure used or associated with equineactivities, including, but not limited to, the care, management, boarding, ortraining of horses and the instruction and training of riders. Structures thatare associated with equine activities include, but are not limited to, free standingor attached sheds, barns, or other structures that are utilized to store anyequipment, tools, commodities, or other items that are maintained or used inconjunction with equine activities. The specific types of equine activities,structures, and uses set forth in this subdivision are for illustrativepurposes, and should not be construed to limit, in any manner, the types ofactivities, structures, or uses that may be considered under this subsection asexempted from building rules. A farm building that might otherwise qualify forexemption from building rules shall not be exempt if it is used for a spectatorevent and more than 10 members of the public are present at the farm buildingfor the event.

(2)        A"greenhouse" is a structure that has a glass or plastic roof, has oneor more glass or plastic walls, has an area over ninety‑five percent(95%) of which is used to grow or cultivate plants, is built in accordance withthe National Greenhouse Manufacturers Association Structural Design manual, andis not used for retail sales. Additional provisions addressing distinct lifesafety hazards shall be approved by the local building‑rulesjurisdiction.

(b5)      No building permitshall be required under the Code or any local variance thereof approved undersubsection (e) for any construction, installation, repair, replacement, oralteration costing five thousand dollars ($5,000) or less in any single familyresidence or farm building unless the work involves: the addition, repair, orreplacement of load bearing structures; the addition (excluding replacement ofsame capacity) or change in the design of plumbing; the addition, replacementor change in the design of heating, air conditioning, or electrical wiring,devices, fixtures (excluding repair or replacement of electrical lightingdevices and fixtures of the same type), appliances (excluding replacement ofwater heaters, provided that the energy use rate or thermal input is notgreater than that of the water heater which is being replaced, and there is nochange in fuel, energy source, location, capacity, or routing or sizing ofventing and piping), or equipment, the use of  materials not permitted by theNorth Carolina Uniform Residential Building Code; or the addition (excludingreplacement of like grade of fire resistance) of roofing. The exclusions frombuilding permit requirements set forth in this paragraph for electricallighting devices and fixtures and water heaters shall apply only to workperformed on a one‑ or two‑family dwelling. In addition, exclusionsfor electrical lighting devices and fixtures and electric water heaters shallapply only to work performed by a person licensed under G.S. 87‑43 andexclusions for water heaters, generally, to work performed by a person licensedunder G.S. 87‑21.

(b6)      No building permitshall be required under such Code from any State agency for the construction ofany building or structure, the total cost of which is less than twenty thousanddollars ($20,000), except public or institutional buildings.

For the information of usersthereof, the Code shall include as appendices the following:

(1)        Any rules governingboilers adopted by the Board of Boiler and Pressure Vessels Rules,

(2)        Any rules relatingto the safe operation of elevators adopted by the Commissioner of Labor, and

(3)        Any rules relatingto sanitation adopted by the Commission for Public Health which the BuildingCode Council believes pertinent.

(b7)      The Code may includereferences to such other rules of special types, such as those of the MedicalCare Commission and the Department of Public Instruction as may be useful topersons using the Code. No rule issued by any agency other than the BuildingCode Council shall be construed as a part of the Code, nor supersede that Code,it being intended that they be presented with the Code for information only.

(b8)      Nothing in thisArticle shall extend to or be construed as being applicable to the regulationof the design, construction, location, installation, or operation of (1)equipment for storing, handling, transporting, and utilizing liquefiedpetroleum gases for fuel purposes or anhydrous ammonia or other liquidfertilizers, except for liquefied petroleum gas from the outlet of the firststage pressure regulator to and including each liquefied petroleum gas utilizationdevice within a building or structure covered by the Code, or (2) equipment orfacilities, other than buildings, of a public utility, as defined in G.S. 62‑3,or an electric or telephone membership corporation, including withoutlimitation poles, towers, and other structures supporting electric orcommunication lines.

(b9)      Nothing in thisArticle shall extend to or be construed as being applicable to the regulationof the design, construction, location, installation, or operation of industrialmachinery. However, if during the building code inspection process, anelectrical inspector has any concerns about the electrical safety of a piece ofindustrial machinery, the electrical inspector may refer that concern to theOccupational Safety and Health Division in the North Carolina Department ofLabor but shall not withhold the certificate of occupancy nor mandate third‑partytesting of the industrial machinery based solely on this concern. For thepurposes of this paragraph, "industrial machinery" means equipmentand machinery used in a system of operations for the explicit purpose ofproducing a product. The term does not include equipment that is permanentlyattached to or a component part of a building and related to general buildingservices such as ventilation, heating and cooling, plumbing, fire suppressionor prevention, and general electrical transmission.

(b10)    The Code may containrules concerning minimum efficiency requirements for replacement water heaters,which shall consider reasonable availability from manufacturers to meetinstallation space requirements and may contain rules concerning energyefficiency that require all hot water plumbing pipes that are larger than one‑fourthof an inch to be insulated.

(b11)    No State, county, orlocal building code or regulation shall prohibit the use of special lockingmechanisms for seclusion rooms in the public schools approved under G.S. 115C‑391.1(e)(1)e.,provided that the special locking mechanism shall be constructed so that itwill engage only when a key, knob, handle, button, or other similar device isbeing held in position by a person, and provided further that, if the mechanismis electrically or electronically controlled, it automatically disengages whenthe building's fire alarm is activated. Upon release of the locking mechanismby a supervising adult, the door must be able to be opened readily.

(b12)    The Code may includerules pertaining to the construction or renovation of residential or commercialbuildings and structures that permit the use of cisterns to provide water forflushing toilets and for outdoor irrigation. No State, county, or localbuilding code or regulation shall prohibit the use of cisterns to provide waterfor flushing toilets and for outdoor irrigation. As used in this subsection, 'cistern'means a storage tank that is watertight; has smooth interior surfaces andenclosed lids; is fabricated from nonreactive materials such as reinforcedconcrete, galvanized steel, or plastic; is designed to collect rainfall from acatchment area; may be installed indoors or outdoors; and is locatedunderground, at ground level, or on elevated stands.

(c)        Standards to BeFollowed in Adopting the Code. – All regulations contained in the NorthCarolina State Building Code shall have a reasonable and substantial connectionwith the public health, safety, morals, or general welfare, and theirprovisions shall be construed reasonably to those ends. Requirements of theCode shall conform to good engineering practice. The Council may use as guidance,but is not required to adopt, the requirements of the International BuildingCode of the International Code Council, the Standard Building Code of theSouthern Building Code Congress International, Inc., the Uniform Building Codeof the International Conference of Building Officials, the National BuildingCode of the Building Officials and Code Administrators, Inc., the NationalElectric Code, the Life Safety Code, the National Fuel Gas Code, the FirePrevention Code of the National Fire Protection Association, the Safety Codefor Elevators and Escalators, and the Boiler and Pressure Vessel Code of theAmerican Society of Mechanical Engineers, and standards promulgated by theAmerican National Standards Institute, Standards Underwriters' Laboratories,Inc., and similar national or international agencies engaged in researchconcerning strength of materials, safe design, and other factors bearing uponhealth and safety.

(c1)      Exemptions forPrivate Clubs and Religious Organizations. – The North Carolina State BuildingCode and the standards for the installation and maintenance of limited‑useor limited‑access hydraulic elevators under this Article shall not applyto private clubs or establishments exempted from coverage under Title II of theCivil Rights Act of 1964, 42 U.S.C. § 2000a, et seq., or to religiousorganizations or entities controlled by religious organizations, includingplaces of worship. A nonreligious organization or entity that leases space froma religious organization or entity is not exempt under this subsection.

(d)        Amendments of theCode. – The Building Code Council may revise and amend the North Carolina StateBuilding Code, either on its own motion or upon application from any citizen,State agency, or political subdivision of the State. In adopting any amendment,the Council shall comply with the same procedural requirements and the samestandards set forth above for adoption of the Code.

(e)        Effect upon LocalCodes. – Except as otherwise provided in this section, the North Carolina StateBuilding Code shall apply throughout the State, from the time of its adoption.Approved rules shall become effective in accordance with G.S. 150B‑21.3.However, any political subdivision of the State may adopt a fire preventioncode and floodplain management regulations within its jurisdiction. Theterritorial jurisdiction of any municipality or county for this purpose, unlessotherwise specified by the General Assembly, shall be as follows: Municipaljurisdiction shall include all areas within the corporate limits of themunicipality and extraterritorial jurisdiction areas established as provided inG.S. 160A‑360 or a local act; county jurisdiction shall include all otherareas of the county. No such code or regulations, other than floodplainmanagement regulations and those permitted by G.S. 160A‑436, shall beeffective until they have been officially approved by the Building Code Councilas providing adequate minimum standards to preserve and protect health andsafety, in accordance with the provisions of subsection (c) above. Localfloodplain regulations may regulate all types and uses of buildings orstructures located in flood hazard areas identified by local, State, andfederal agencies, and include provisions governing substantial improvements,substantial damage, cumulative substantial improvements, lowest floorelevation, protection of mechanical and electrical systems, foundationconstruction, anchorage, acceptable flood resistant materials, and othermeasures the political subdivision deems necessary considering thecharacteristics of its flood hazards and vulnerability. In the absence ofapproval by the Building Code Council, or in the event that approval iswithdrawn, local fire prevention codes and regulations shall have no force andeffect. Provided any local regulations approved by the local governing bodywhich are found by the Council to  be more stringent than the adopted statewidefire prevention code and which are found to regulate only activities andconditions in buildings, structures, and premises that pose dangers of fire,explosion or related hazards, and are not matters in conflict with the StateBuilding Code, shall be approved. Local governments may enforce the fireprevention code of the State Building Code using civil remedies authorizedunder G.S. 143‑139, 153A‑123, and 160A‑175. If theCommissioner of Insurance or other State official with responsibility forenforcement of the Code institutes a civil action pursuant to G.S. 143‑139,a local government may not institute a civil action under G.S. 143‑139,153A‑123, or 160A‑175 based upon the same violation. Appeals fromthe assessment or imposition of such civil remedies shall be as provided inG.S. 160A‑434.

A local government may notadopt any ordinance in conflict with the exemption provided by subsection (c1)of this section. No local ordinance or regulation shall be construed to limitthe exemption provided by subsection (c1) of this section.

(f)         Repealed bySession Laws 1989, c. 681, s. 3.

(g)        Publication andDistribution of Code. – The Building Code Council shall cause to be printed,after adoption by the Council, the North Carolina State Building Code and eachamendment thereto. It shall, at the State's expense, distribute copies of theCode and each amendment to State and local governmental officials, departments,agencies, and educational institutions, as is set out in the table below.(Those marked by an asterisk will receive copies only on written request to theCouncil.)

OFFICIAL OR AGENCY                                                                             NUMBEROF COPIES

State Departments and Officials

Governor..............................................................................................................   1

LieutenantGovernor..............................................................................................   1

Auditor.................................................................................................................   1

Treasurer..............................................................................................................   1

Secretaryof State..................................................................................................   1

Superintendentof Public Instruction.......................................................................   1

AttorneyGeneral (Library)....................................................................................   1

Commissionerof Agriculture..................................................................................   1

Commissionerof Labor.........................................................................................   1

Commissionerof Insurance....................................................................................   1

Departmentof Environment and Natural Resources................................................   1

Departmentof Health and Human Services............................................................   1

Officeof Juvenile Justice........................................................................................   1

Boardof Transportation........................................................................................   1

UtilitiesCommission..............................................................................................   1

Departmentof Administration................................................................................   1

Clerkof the Supreme Court...................................................................................   1

Clerkof the Court of Appeals................................................................................   1

Departmentof Cultural Resources [State Library]..................................................   1

SupremeCourt Library..........................................................................................   1

LegislativeLibrary.................................................................................................   1

Officeof Administrative Hearings...........................................................................   1

RulesReview Commission.....................................................................................   1

Schools

Allstate‑supported colleges and universities

in theState of North Carolina.......................................................................... * 1each

Local Officials

Clerksof the Superior Courts................................................................................   1each

ChiefBuilding Inspector of each incorporated

municipalityor county......................................................................................   1

In addition, the Building CodeCouncil shall make additional copies available at such price as it shall deemreasonable to members of the general public. The proceeds from sales of theBuilding Code shall be credited to the Insurance Regulatory Fund under G.S. 58‑6‑25.

(h)        Violations. – Anyperson who shall be adjudged to have violated this Article or the NorthCarolina State Building Code, except for violations of occupancy limitsestablished by either, shall be guilty of a Class 3 misdemeanor and shall uponconviction only be liable to a fine, not to exceed fifty dollars ($50.00), foreach offense. Each 30 days that such violation continues shall constitute aseparate and distinct offense. Violation of occupancy limits establishedpursuant to the North Carolina State Building Code shall be a Class 3misdemeanor. Any violation incurred more than one year after another convictionfor violation of the occupancy limits shall be treated as a first offense forpurposes of establishing and imposing penalties.

(i)         Section 1008 ofChapter X of Volume 1 of the North Carolina State Building Code, Title"Special Safety to Life Requirements Applicable to Existing High‑RiseBuildings" as adopted by the North Carolina State Building Code Council onMarch 9, 1976, as ratified and adopted as follows:

SECTION 1008‑SPECIAL SAFETY TO LIFE

REQUIREMENTS APPLICABLE TO EXISTING HIGH‑RISE BUILDINGS

1008 – GENERAL.

(a)        Applicability. – Withina reasonable time, as fixed by "written order" of the buildingofficial, and except as otherwise provided in subsection (j) of this sectionevery building the [then] existing, that qualifies for classification underTable 1008.1 shall be considered to be a high‑rise building and shall beprovided with safety to life facilities as hereinafter specified. All otherbuildings shall be considered as low‑rise. NOTE: The requirements ofSection 1008 shall be considered as minimum requirements to provide forreasonable safety to life requirements for existing buildings and wherepossible, the owner and designer should consider the provisions of Section 506applicable to new high‑rise buildings.

(b)        Notification ofBuilding Owner. – The Department of Insurance will send copies of amendmentsadopted to all local building officials with the suggestion that all localbuilding officials transmit to applicable building owners in their jurisdictioncopies of adopted amendments, within six months from the date the amendmentsare adopted, with the request that each building owner respond to the localbuilding official how he plans to comply with these requirements within areasonable time.

NOTE: Suggested reasonabletime and procedures for owners to respond to the building official's request isas follows:

(1)        The building ownershall, upon receipt of written request from the building official on complianceprocedures within a reasonable time, submit an overall plan required by 1008(c)below within one year and within the time period specified in the approvedoverall plan, but not to exceed five years after the overall plan is approved,accomplish compliance with this section, as evidenced by completion of the workin accordance with approved working drawings and specifications and by issuanceof a new Certificate of Compliance by the building official covering the work.Upon approval of building owner's overall plan, the building official shallissue a "written order", as per 1008(a) above, to comply with Section1008 in accordance with the approved overall plan.

(2)        The buildingofficial may permit time extensions beyond five years to accomplish compliancein accordance with the overall plan when the owner can show just cause for suchextension of time at the time the overall plan is approved.

(3)        The local buildingofficial shall send second request notices as per 1008(b) to building ownerswho have made no response to the request at the end of six months and a thirdrequest notice to no response building owners at the end of nine months.

(4)        If the buildingowner makes no response to any of the three requests for information on how theowner plans to comply with Section 1008 within 12 months from the firstrequest, the building official shall issue a "written order" to thebuilding owner to provide his building with the safety to life facilities asrequired by this section and to submit an overall plan specified by (1) abovewithin six months with the five‑year time period starting on the date ofthe "written order".

(5)        For purposes of thissection, the Construction Section of the Division of Health Service Regulation,Department of Health and Human Services, will notify all non‑State ownedI‑Institutional buildings requiring licensure by the Division of HealthService Regulation and coordinate compliance requirements with the Departmentof Insurance and the local building official.

(c)        Submission of Plansand Time Schedule for Completing Work. – Plans and specifications, but notnecessarily working drawings covering the work necessary to bring the buildinginto compliance with this section shall be submitted to the building officialwithin a reasonable time. (See suggested time in NOTE of Section 1008(b)above). A time schedule for accomplishing the work, including the preparationof working drawings and specifications shall be included. Some of the work mayrequire longer periods of time to accomplish than others, and this shall bereflected in the plan and schedule.

NOTE: Suggested Time PeriodFor Compliance:

SUGGESTED TIME PERIOD FOR COMPLIANCE

                                                                                                                                                       

                                                          CLASSI        CLASS II       CLASS III         TIME FOR

ITEM                                              (SECTION)    (SECTION)    (SECTION)    COMPLETION

Signs in Elevator Lobbies

       and Elevator Cabs                      1008.2(h)        1008.3(h)          1008.4(h)                180days

Emergency Evacuation Plan               1008(b)           NOTE:                                             180days

Corridor Smoke Detectors

       (Includes alternative

       door closers)                              1008.2(c)        1008.3(c)          1008.4(c)                    1year

Manual Fire Alarm                            1008.2(a)        1008.3(a)          1008.4(a)                    1year

Voice Communication

       System Required                        1008.2(b)        1008.3(b)          1008.4(b)                   2years

Smoke Detectors Required                1008.2(c)        1008.3(c)          1008.4(c)                    1year

Protection and Fire Stopping

       for Vertical Shafts                       1008.2(f)         1008.3(f)           1008.4(f)                    3years

Special Exit Requirements‑

       Number, Location and

       Illumination to be in

       accordance with

       Section 1007                              1008.2(e)        1008.3(e)          1008.4(e)                    3years

Emergency Electrical

       Power Supply                             1008.2(d)        1008.3(d)          1008.4(d)                   4years

Special Exit Facilities

       Required                                    1008.2(e)        1008.3(e)          1008.4(e)                    5years

Compartmentation for

       Institutional Buildings                   1008.2(f)         1008.3(f)           1008.4(f)                    5years

Emergency Elevator

       Requirements                              1008.2(h)        1008.3(h)          1008.4(h)                    5years

Central Alarm Facility

       Required                                                            1008.3(i)           1008.4(i)                     5years

Areas of Refuge Required

       on Every Eighth Floor                                                                 1008.4(j)                    5years

Smoke Venting                                                                                  1008.4(k)                   5years

Fire Protection of

       Electrical Conductors                                                                  1008.4(l)                     5years

Sprinkler System Required                                                                 1008.4(m)                   5years

(d)        Building OfficialNotification of Department of Insurance. – The building official shall sendcopies of written notices he sends to building owners to the Engineering andBuilding Codes Division for their files and also shall file an annual report byAugust 15th of each year covering the past fiscal year setting forth the workaccomplished under the provisions of this section.

(e)        ConstructionChanges and Design of Life Safety Equipment. – Plans and specifications whichcontain construction changes and design of life safety equipment requirementsto comply with provisions of this section shall be prepared by a registeredarchitect in accordance with provisions of Chapter 83A of the General Statutesor by a registered engineer in accordance with provisions of Chapter 89C of theGeneral Statutes or by both an architect and engineer particularly qualified bytraining and experience for the type of work involved. Such plans andspecifications shall be submitted to the Engineering and Building CodesDivision of the Department of Insurance for approval. Plans and specificationsfor I‑Institutional buildings licensed by the Division of Health ServiceRegulation as noted in (b) above shall be submitted to the Construction Sectionof that Division for review and approval.

(f)         Filing of TestReports and Maintenance on Life Safety Equipment. – The engineer performing thedesign for the electrical and mechanical equipment, including sprinklersystems, must file the test results with the Engineering and Building CodesDivision of the Department of Insurance, or to the agency designated by theDepartment of Insurance, that such systems have been tested to indicate thatthey function in accordance with the standards specified in this section andaccording to design criteria. These test results shall be a prerequisite forthe Certificate of Compliance required by (b) above. Test results for I‑Institutionalshall be filed with the Construction Section, Division of Health ServiceRegulation. It shall be the duty and responsibility of the owners of Class I,II and III buildings to maintain smoke detection, fire detection, fire control,smoke removal and venting as required by this section and similar emergencysystems in proper operating condition at all times. Certification of full testsand inspections of all emergency systems shall be provided by the ownerannually to the fire department.

(g)        Applicability ofChapter X and Conflicts with Other Sections. – The requirements of this sectionshall be in addition to those of Sections 1001 through 1007; and in case ofconflict, the requirements affording the higher degree of safety to life shallapply, as determined by the building official.

(h)        Classes ofBuildings and Occupancy Classifications. – Buildings shall be classified asClass I, II or III according to Table 1008.1. In the case of mixed occupancies,for this purpose, the classification shall be the most restrictive oneresulting from the application of the most prevalent occupancies to Table1008.1.

FOOTNOTE: Emergency Plan. – Owners,operators, tenants, administrators or managers of high‑rise buildingsshould consult with the fire authority having jurisdiction and establish procedureswhich shall include but not necessarily be limited to the following:

(1)        Assignment of aresponsible person to work with the fire authority in the establishment,implementation and maintenance of the emergency pre‑fire plan.

(2)        Emergency plan proceduresshall be supplied to all tenants and shall be posted conspicuously in eachhotel guest room, each office area, and each schoolroom.

(3)        Submission to thelocal fire authority of an annual renewal or amended emergency plan.

(4)        Plan should becompleted as soon as possible.

1008.1 – ALL EXISTING BUILDINGSSHALL BE CLASSIFIED AS CLASS I, II AND III ACCORDING TO TABLE 1008.1.

TABLE 1008.1

Scope

                                                                                                                                                       

                                                                                                 OCCUPIEDFLOOR

CLASS                OCCUPANCY                                             ABOVEAVERAGE GRADE

                            GROUP(3)(4)                                              EXCEEDING HEIGHT (2) Group R‑Residential         60' but less than120' above

                            GroupB‑Business                                          average grade or 6but less than

                            GroupE‑Educational                                     12 stories aboveaverage grade.

CLASS I              Group A‑Assembly

                            GroupH‑Hazardous

                            GroupI‑Institutional‑Restrained                                                                           

                            GroupI‑Institutional‑Unrestrained                  36' but less than 60'above

                                                                                                 averagegrade or 3 but less than

                                                                                                 6stories above average grade. Group R‑Residential      120' but lessthan 250' above

                            GroupB‑Business                                          average grade or 12but less

                            GroupE‑Educational                                     than 25 stories aboveaverage

                                                                                                 grade.

CLASS II            Group A‑Assembly

                            GroupH‑Hazardous

                            GroupI‑Institutional‑Restrained                                                                           

                            GroupI‑Institutional‑Unrestrained                  60' but less than250' above

                                                                                                 averagegrade or 6 but less than

                                                                                                 25stories above average grade. Group R‑Residential    250' or 25stories above average

                            GroupB‑Business                                          grade.

CLASS III           Group E‑Educational

                            GroupI‑Institutional

                            GroupA‑Assembly

                            GroupH‑Hazardous

NOTE 1: The entire buildingshall comply with this section when the building has an occupied floor abovethe height specified, except that portions of the buildings which do not exceedthe height specified are exempt from this section, subject to the followingprovisions:

(a)        Low‑riseportions of Class I buildings must be separated from high‑rise portionsby one‑hour construction.

(b)        Low‑riseportions of Class II and III buildings must be separated from high‑riseportions by two‑hour construction.

(c)        Any required exitfrom the high‑rise portion which passes through the low‑riseportions must be separated from the low‑rise portion by the two‑hourconstruction.

NOTE 2: The height describedin Table 1008.1 shall be measured between the average grade outside thebuilding and the finished floor of the top occupied story.

NOTE 3: Public parking decksmeeting the requirements of Section 412.7 and less than 75 feet in height areexempt from the requirements of this section when there is no other occupancyabove or below such deck.

NOTE 4: Special purposeequipment buildings, such as telephone equipment buildings housing theequipment only, with personnel occupant load limited to persons required tomaintain the equipment may be exempt from any or all of these requirements atthe discretion of the Engineering and Building Codes Division provided suchspecial purpose equipment building is separated from other portions of thebuilding by two‑hour fire rated construction.

1008.2‑REQUIREMENTS FOREXISTING CLASS I BUILDINGS.

All Class I buildings shall beprovided with the following:

(a)        An approved manualfire alarm system, meeting the requirements of Section 1125 and applicableportions of NFPA 71, 72A, 72B, 72C or 72D, shall be provided unless thebuilding is fully sprinklered or equipped with an approved automatic firedetection system connected to the fire department.

(b)        All Class Ibuildings shall meet the requirements of Sections 1001‑1007.

(c)        Smoke DetectorsRequired. – At least one approved listed smoke detector tested in accordancewith UL‑167, capable of detecting visible and invisible particles ofcombustion shall be installed as follows:

(1)        All buildingsclassified as institutional, residential and assembly occupancies shall beprovided with listed smoke detectors in all required exit corridors spaced nofurther than 60' on center or more than 15' from any wall. Exterior corridorsopen to the outside are not required to comply with this requirement. If thecorridor walls have one‑hour fire resistance rating with all openingsprotected with 1‑3/4 inch solid wood core or hollow metal door orequivalent and all corridor doors are equipped with approved self‑closingdevices, the smoke detectors in the corridor may be omitted. Detectors incorridors may be omitted when each dwelling unit is equipped with smokedetectors which activate the alarm system.

(2)        In every mechanicalequipment, boiler, electrical equipment, elevator equipment or similar roomunless the room is sprinklered or the room is separated from other areas by two‑hourfire resistance construction with all openings therein protected with approvedfire dampers and Class B fire doors. (Approved listed fire (heat) detectors maybe submitted for these rooms.)

(3)        In the return airportion of every air conditioning and mechanical ventilation system that servesmore than one floor.

(4)        The activation ofany detector shall activate the alarm system, and shall cause such otheroperations as required by this Code.

(5)        The annunciatorshall be located near the main entrance or in a central alarm and controlfacility.

NOTE 1: Limited areasprinklers may be supplied from the domestic water system provided the domesticwater system is designed to support the design flow of the largest number ofsprinklers in any one of the enclosed areas. When supplied by the domesticwater system, the maximum number of sprinklers in any one enclosed room or areashall not exceed 20 sprinklers which must totally protect the room or area.

(d)        EmergencyElectrical Power Supply. – An emergency electrical power supply shall beprovided to supply the following for a period of not less than two hours. Anemergency electrical power supply may consist of generators, batteries, aminimum of two remote connections to the public utility grid supplied bymultiple generating stations, a combination of the above.

(1)        Emergency, exit andelevator cab lighting.

(2)        Emergency illuminationfor corridors, stairs, etc.

(3)        Emergency Alarms andDetection Systems. – Power supply for fire alarm and fire detection. Emergencypower does not need to be connected to fire alarm or detection systems whenthey are equipped with their own emergency power supply from float or tricklecharge battery in accordance with NFPA standards.

(e)        Special ExitRequirements. – Exits and exitways shall meet the following requirements:

(1)        Protection ofStairways Required. – All required exit stairways shall be enclosed withnoncombustible one‑hour fire rated construction with a minimum of 1¾ inchsolid core wood door or hollow metal door or 20 minute UL listed doors asentrance thereto. (See Section 1007.5).

(2)        Number and Locationof Exits. – All required exit stairways shall meet the requirements of Section1007 to provide for proper number and location and proper fire rated enclosuresand illumination of and designation for means of egress.

(3)        Exit Outlets. – Eachrequired exit stair shall exit directly outside or through a separate one‑hourfire rated corridor with no openings except the necessary openings to exit intothe fire rated corridor and from the fire rated corridor and such openingsshall be protected with 1¾ inch solid wood core or hollow metal door orequivalent unless the exit floor level and all floors below are equipped withan approved automatic sprinkler system meeting the requirements of NFPA No. 13.

(f)         Smoke CompartmentsRequired for I‑Institutional Buildings. – Each occupied floor shall bedivided into at least two compartments with each compartment containing notmore than 30 institutional occupants. Such compartments shall be subdividedwith one‑half hour fire rated partitions which shall extend from outsidewall to outside wall and from floor to and through any concealed space to thefloor slab or roof above and meet the following requirements:

(1)        Maximum area of anysmoke compartment shall be not more than 22,500 square feet in area with bothlength and width limited to 150 feet.

(2)        At least one smokepartition per floor regardless of building size forming two smoke zones ofapproximately equal size.

(3)        All doors located insmoke partitions shall be properly gasketed to insure a substantial barrier tothe passage of smoke and gases.

(4)        All doors located insmoke partitions shall be no less than 1¾ inch thick solid core wood doors withUL, ¼ inch wire glass panel in metal frames. This glass panel shall be aminimum of 100 square inches and a maximum of 720 square inches.

(5)        Every door locatedin a smoke partition shall be equipped with an automatic closer. Doors that arenormally held in the open position shall be equipped with an electrical devicethat shall, upon actuation of the fire alarm or smoke detection system in anadjacent zone, close the doors in that smoke partition.

(6)        Glass in allcorridor walls shall be ¼", UL approved, wire glass in metal frames inpieces not to exceed 1296 square inches.

(7)        Doors to all patientrooms and treatment areas shall be a minimum of 1¾ inch solid core wood doorsexcept in fully sprinklered buildings.

(g)        Protection and FireStopping for Vertical Shafts. – All vertical shafts extending more than onefloor including elevator shafts, plumbing shafts, electrical shafts and othervertical openings shall be protected with noncombustible one‑hour firerated construction with shaft wall openings protected with 1¾ inch solid corewood door or hollow metal door. Vertical shafts (such as electrical wiringshafts) which have openings such as ventilated doors on each floor must be firestopped at the floor slab level with noncombustible materials having a fireresistance rating not less than one hour to provide an effective barrier to thepassage of smoke, heat and gases from floor to floor through such shafts.

EXCEPTION: Shaft wall openingsprotected in accordance with NFPA No. 90A and openings connected to metal ductsequipped with approved fire dampers within the shaft wall openings do not needany additional protection.

(h)        Signs in ElevatorLobbies and Elevator Cabs. – Each elevator lobby call station on each floorshall have an emergency sign located adjacent to the call button and eachelevator cab shall have an emergency sign located adjacent to the floor statusindicator. The required emergency sign shall be readable at all times and shallbe a minimum of 1/2" high block letters with the words: "IN CASE OFFIRE DO NOT USE ELEVATOR – USE THE EXIT STAIRS" or other words to thiseffect.

1008.3 – REQUIREMENTS FOREXISTING CLASS II BUILDINGS.

All Class II buildings mustmeet the following requirements:

(a)        Manual Fire Alarm.– Provide manual fire alarm system in accordance with Section 1008.2(a). Inaddition, buildings so equipped with sprinkler alarm system or automatic firedetection system must have at least one manual fire alarm station near an exiton each floor as a part of such sprinkler or automatic fire detection and alarmsystem. Such manual fire alarm systems shall report a fire by floor.

(b)        Voice CommunicationSystem Required. – An approved voice communication system or systems operatedfrom the central alarm and control facilities shall be provided and shallconsist of the following:

(1)        One‑Way VoiceCommunication Public Address System Required. – A one‑way voicecommunication system shall be established on a selective basis which can beheard clearly by all occupants in all exit stairways, elevators, elevatorlobbies, corridors, assembly rooms and tenant spaces.

NOTE 1: This system shallfunction so that in the event of one circuit or speaker being damaged or out ofservice, the remainder of the system shall continue to be operable.

NOTE 2: This system shallinclude provisions for silencing the fire alarm devices when the loud speakersare in use, but only after the fire alarm devices have operated initially fornot less than 15 seconds.

(c)        Smoke DetectorsRequired. – Smoke detectors are required as per Section 1008.2(c). Thefollowing are additional requirements:

(1)        Storage rooms largerthan 24 square feet or having a maximum dimension of over eight feet shall beprovided with approved fire detectors or smoke detectors installed in anapproved manner unless the room is sprinklered.

(2)        The actuation of anydetectors shall activate the fire alarm system.

(d)        EmergencyElectrical Power Supply. – An emergency electrical power supply shall beprovided to supply the following for a period of not less than two hours. Anemergency electrical power supply may consist of generators, batteries, aminimum of two remote connections to the public utility grid supplied bymultiple generating stations, a combination of the above. Power supply shallfurnish power for items listed in Section 1008.2(d) and the following:

(1)        Pressurization Fans.– Fans to provide required pressurization, smoke venting or smoke control forstairways.

(2)        Elevators. – Thedesignated emergency elevator.

(e)        Special ExitFacilities Required. – The following exit facilities are required:

(1)        The special exitfacilities required in 1008.2(e) are required. All required exit stairways shallbe enclosed with noncombustible two‑hour fire rated construction with aminimum of 1½ hour Class B‑labeled doors as entrance thereto: (SeeSection 1007.5).

(2)        Smoke‑FreeStairways Required. – At least one stairway shall be a smoke free stairway inaccordance with Section 1104.2 or at least one stairway shall be pressurized tobetween 0.15 inch and 0.35 inch water column pressure with all doors closed.Smoke‑free stairs and pressurized stairs shall be identified with signscontaining letters a minimum of ½ inch high containing the words "PRIMARYEXIT STAIRS" unless all stairs are smoke free or pressurized. Approvedexterior stairways meeting the requirements of Chapter XI or approved existingfire escapes meeting the requirements of Chapter X with all openings within 10feet protected with wire glass or other properly designed stairs protected toassure similar smoke‑free vertical egress may be permitted. All requiredexit stairways shall also meet the requirements of Section 1008.2(e).

(3)        If stairway doorsare locked from the stairway side, keys shall be provided to unlock allstairway doors on every eighth floor leading into the remainder of the buildingand the key shall be located in a glass enclosure adjacent to the door at eachfloor level (which may sound an alarm when the glass is broken). When the keyunlocks the door, the hardware shall be of the type that remains unlocked afterthe key is removed. Other means, approved by the building official may beapproved to enable occupants and fire fighters to readily unlock stairway doorson every eighth floor that may be locked from the stairwell side. Therequirements of this section may be eliminated in smoke‑free stairs andpressurized stairs provided fire department access keys are provided in locationsacceptable to the local fire authority.

(f)         Compartmentationfor I‑Institutional Buildings Required. – See Section 1008.2(f).

(g)        Protection and FireStopping for Vertical Shafts. – All vertical shafts extending more than onefloor including elevator shafts, plumbing shafts, electrical shafts and othervertical openings shall be protected with noncombustible two‑hour firerated construction with Class B‑labeled door except for elevator doorswhich shall be hollow metal or equivalent. All vertical shafts which are not soenclosed must be fire stopped at each floor slab with noncombustible materialshaving a fire resistance rating of not less than two hours to provide aneffective barrier to the passage of smoke, heat and gases from floor to floorthrough such shaft.

EXCEPTION: Shaft wall openingsprotected in accordance with NFPA No. 90A and openings connected to metal ductsequipped with approved fire dampers within the shaft wall opening do not needany additional protection.

(h)        Emergency ElevatorRequirements.

(1)        Elevator Recall. – Eachelevator shall be provided with an approved manual return. When actuated, allcars taking a minimum of one car at a time, in each group of elevators havingcommon lobby, shall return directly at normal car speed to the main floorlobby, or to a smoke‑free lobby leading most directly to the outside.Cars that are out of service are exempt from this requirement. The manualreturn shall be located at the main floor lobby.

NOTE:Manually operated cars are considered to be in compliance with this provisionif each car is equipped with an audible or visual alarm to signal the operatorto return to the designated level.

(2)        Identification ofEmergency Elevator. – At least one elevator shall be identified as theemergency elevator and shall serve all floor levels. NOTE: This elevator willhave a manual control in the cab which will override all other controlsincluding floor call buttons and door controls.

(3)        Signs in ElevatorLobbies and Elevator Cabs. – Each elevator lobby call station on each floorshall have an emergency sign located adjacent to the call button and eachelevator cab shall have an emergency sign located adjacent to the floor statusindicator. These required emergency signs shall be readable at all times and shallbe a minimum of ½ inch high block letters with the words: "IN CASE OF FIREDO NOT USE ELEVATOR – USE THE EXIT STAIRS" or other words to this effect.

(i)         Central AlarmFacility Required. – A central alarm facility accessible at all times to firedepartment personnel or attended 24 hours a day, shall be provided and shallcontain the following:

(1)        Facilities toautomatically transmit manual and automatic alarm signals to the firedepartment either directly or through a signal monitoring service.

(2)        Public servicetelephone.

(3)        Fire detection andalarm systems annunciator panels to indicate the type of signal and the flooror zone from which the fire alarm is received. These signals shall be bothaudible and visual with a silence switch for the audible.

NOTE:Detectors in HVAC systems used for fan shut down need not be annunciated.

(4)        Master keys foraccess from all stairways to all floors.

(5)        One‑way voiceemergency communications system controls.

1008.4 – REQUIREMENTS FOREXISTING CLASS III BUILDINGS.

All Class III Buildings shallbe provided with the following:

(a)        Manual Fire AlarmSystem. – A manual fire alarm system meeting the requirements of Section1008.3(a).

(b)        Voice CommunicationSystem Required. – An approved voice communication system or systems operatedfrom the central alarm and control facilities shall be provided and shallconsist of the following:

(1)        One‑Way VoiceCommunication Public Address System Required. – A one‑way voicecommunication system shall be established on a selective or general basis whichcan be heard clearly by all occupants in all elevators, elevator lobbies,corridors, and rooms or tenant spaces exceeding 1,000 sq. ft. in area.

NOTE 1:This system shall be designed so that in the event of one circuit or speakerbeing damaged or out of service the remainder of the system shall continue tobe operable.

NOTE 2:This system shall include provisions for silencing the fire alarm devices whenthe loud speakers are in use, but only after the fire alarm devices haveoperated initially for not less than 15 seconds.

(2)        Two‑way systemfor use by both fire fighters and occupants at every fifth level in stairwaysand in all elevators.

(3)        Within the stairs atlevels not equipped with two‑way voice communications, signs indicatingthe location of the nearest two‑way device shall be provided.

NOTE:The one‑way and two‑way voice communication systems may becombined.

(c)        Smoke DetectorsRequired. – Approved listed smoke detectors shall be installed in accordancewith Section 1008.3(c) and in addition, such detectors shall terminate at thecentral alarm and control facility and be so designed that it will indicate thefire floor or the zone on the fire floor.

(d)        EmergencyElectrical Power Supply. – Emergency electrical power supply meeting therequirements of Section 1008.3(d) to supply all emergency equipment required bySection 1008.3(d) shall be provided and in addition, provisions shall be madefor automatic transfer to emergency power in not more than ten seconds foremergency illumination, emergency lighting and emergency communication systems.Provisions shall be provided to transfer power to a second designated elevatorlocated in a separate shaft from the primary emergency elevator. Any standpipeor sprinkler system serving occupied floor areas 400 feet or more above gradeshall be provided with on‑site generated power or diesel driven pump.

(e)        Special ExitRequirements. – All exits and exitways shall meet the requirements of Section1008.3(e).

(f)         Compartmentationof Institutional Buildings Required. –

See Section 1008.2(f).

(g)        Protection and FireStopping for Vertical Shafts. – Same as Class II buildings. See Section1008.3(g).

(h)        Emergency ElevatorRequirements.

(1)        Primary EmergencyElevator. – At least one elevator serving all floors shall be identified as theemergency elevator with identification signs both outside and inside theelevator and shall be provided with emergency power to meet the requirements ofSection 1008.3(c).

NOTE:This elevator will have a manual control in the cab which will override allother controls including floor call buttons and door controls.

(2)        Elevator Recall. – Eachelevator shall be provided with an approved manual return. When actuated, allcars taking a minimum of one car at a time, in each group of elevators havingcommon lobby, shall return directly at normal car speed to the main floor lobbyor to a smoke‑free lobby leading most directly to the outside. Cars thatare out of service are exempt from this requirement. The manual return shall belocated at the main floor lobby.

NOTE:Manually operated cars are considered to be in compliance with this provisionif each car is equipped with an audible or visual alarm to signal the operatorto return to the designated level.

(3)        Signs in Elevator Lobbiesand Elevator Cabs. – Each elevator lobby call station on each floor shall havean emergency sign located adjacent to the call button and each elevator cabshall have an emergency sign located adjacent to the floor status indicator.These required emergency signs shall be readable at all times and have aminimum of ½" high block letters with the words: "IN CASE OF FIRE,UNLESS OTHERWISE INSTRUCTED, DO NOT USE THE ELEVATOR – USE THE EXITSTAIRS" or other words to this effect.

(4)        Machine RoomProtection. – When elevator equipment located above the hoistway is subject todamage from smoke particulate matter, cable slots entering the machine roomshall be sleeved beneath the machine room floor to inhibit the passage of smokeinto the machine room.

(5)        Secondary EmergencyElevator. – At least one elevator located in separate shaft from the PrimaryEmergency Elevator shall be identified a