* Cross References: Buildings and building regulations, Ch. 4; national building code adopted, § 4-2; fire limits, § 4-11; health, Ch. 7; housing, Ch. 8; fireworks prohibited, § 9-1; mobile homes and manufactured housing and mobile home parks, Ch. 10; streets, sidewalks and other public places, Ch. 13; subdivisions, Ch. 14; utilities, Ch. 16; zoning and land use, Ch. 17.
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Art. I. In General, §§ 6-1--6-20
Art. II. Administration, §§ 6-21--6-60
Div. 1. Generally, §§ 6-21--6-40
Div. 2. Bureau of Fire Prevention, §§ 6-41--6-60
Art. III. Standards, §§ 6-61--6-103
Div. 1. Generally, §§ 6-61--6-80
Div. 2. Fire Code, §§ 6-81--6-100
Div. 3. Life Safety Code, §§ 6-101--6-103
ARTICLE I.
IN GENERAL
Secs. 6-1--6-20. Reserved.
ARTICLE II.
ADMINISTRATION
DIVISION 1.
GENERALLY
Secs. 6-21--6-40. Reserved.
DIVISION 2.
BUREAU OF FIRE PREVENTION
Sec. 6-41. Establishment and duties of bureau of fire prevention; officers.
(a) The Fire Prevention Code adopted in section 6-81 shall be enforced by the bureau of fire prevention in the fire department which is hereby established and which shall be operated under the supervision of the chief of the fire department.
(b) The chief of the fire department shall recommend and the city manager shall appoint an assistant chief of fire prevention and training and such other members of the bureau of fire prevention as shall from time to time be necessary.
(c) The chief of the fire department may request and shall receive so far as may be necessary, in the discharge of his duties, the assistance and cooperation of other officials of the municipality.
Secs. 6-42--6-60. Reserved.
ARTICLE III.
STANDARDS
DIVISION 1.
GENERALLY
Secs. 6-61--6-80. Reserved.
DIVISION 2.
FIRE CODE
Sec. 6-81. Adoption of standard code.
Under the authority of RSA 49-B:8, 155:1 et seq., 156:1 et seq. and 156-A:1 et seq., the city hereby adopts the Basic/National Fire Prevention Code recommended by Building Officials and Code Administrators International, Inc., being particularly the 1987 Edition thereof and the whole thereof, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, save and except such portions as are hereinafter deleted, modified, or amended by this chapter. The code is hereby adopted and incorporated as fully as if set out at length, and from the date on which this chapter shall take effect, the provisions thereof shall be controlling within the limits of the city.
Sec. 6-82. Interpretation of terms.
(a) Wherever the word "municipality" is used in the Fire Prevention Code adopted in section 6-81, it shall be held to mean the City of Berlin.
(b) Wherever the term "Corporation Counsel" is used in the Fire Prevention Code adopted in section 6-81, it shall be held to mean the attorney for the City of Berlin.
Sec. 6-83. Amendments to standard code.
The fire prevention code adopted in section 6-81 is amended as follows:
(1) The assistant chief of the bureau of fire prevention and training or his designee may survey each assembly, educational, industrial, institutional, mercantile, business, office, including professional offices, storage, new or existing residential occupancy, regardless of the numbers of units and shall specify suitable fire extinguishing appliances and fire detecting devices as may be necessary to provide reasonable safety to persons and property.
(2) The fire prevention code is amended by the deletion of section F-103.6 and the following inserted in place thereof.
F-103.6. Payment of fees: The city council shall be authorized to establish a fee schedule for permits issued under the authority of this code.
(3) The fire prevention code is amended by the deletion of section 104.1. and the following inserted in place thereof:
F-104.1. Appeals. Whenever the bureau of fire prevention shall disapprove an application or refuse to grant a permit applied for or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted or that the applicant is otherwise entitled to a variance under RSA 156:4-1, the applicant may appeal in writing from the decision of the bureau of fire prevention to the zoning board of adjustment within fifteen (15) days from the date of the decision appealed.
(4) The fire prevention code is amended by the deletion of sections F-104.2 and F-104.2.1.
(5) The fire prevention code is amended by the deletion of section F-105.5.1. and the following inserted in place thereof:
F-105.5.1. Penalty for violations. Any person who shall violate any of the provisions of the code or this chapter hereby adopted or fail to comply therewith or who shall violate or fail to comply with any order made thereunder or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the board of adjustment or by a court of competent jurisdiction, with the time fixed herein, shall severally for each and every such violation and noncompliance, respectively, be punished by a fine of not more than one thousand dollars ($1,000.00), but not less than one hundred dollars ($100.00). The imposition of one
(1) penalty for any violation shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such violations or defects within a reasonable time. When not otherwise specified, each day that prohibited conditions are maintained and each separate violation shall constitute a separate offense.
(6) The fire prevention code is amended by the addition of section F-108.0. which shall read as follows:
F-108.0. Review of plans and/or construction by a licensed fire protection engineer.
F-108.1. When, in his opinion it is deemed necessary, the assistant chief of the bureau of fire prevention may require:
a. That proposed building construction plans bear the seal of a licensed fire protection engineer, indicating that a total life safety and fire protection system design has been incorporated into the proposed building; or
b. That a licensed fire protection engineer of the city's choosing be hired to review all construction aspects pertaining to life safety and fire protection. All costs incurred for these services shall be reimbursed to the city by the property owner.
(7) The fire prevention code is amended by the addition of section F-109.0. which shall read as follows:
F-109.0. Plans for review.
F-109.1. Construction plans. A copy of all construction plans for new construction, remodeling, or additions to all assembly, educational, industrial, institutional, mercantile, business, office and storage buildings, and residential occupancy of more than two (2) units shall be submitted to the bureau of fire prevention for review of all design and construction aspects pertaining to life safety and building construction.
F-109.2. Site and subdivision plans. A copy of all proposed site plans and all proposed major subdivision plans over three (3) lots, shall be submitted to the bureau of fire prevention for review of all aspects pertaining to fire protection.
(8) The fire prevention code is amended by the addition of section F-400.7. which shall read as follows:
F-400.7. Plans. Two (2) complete sets of plans of all fire protection and detection systems shall be submitted to the bureau of fire prevention for approval before installation of the systems begins.
(9) The fire prevention code is amended by the deletion of sections F-2800.2. and F-2900.2.
(10) The fire prevention code is amended by the deletion of F-3000.2. and the following inserted in place thereof:
A permit shall be obtained from the bureau of fire prevention for the following installations:
a. For every aboveground installation of liquefied petroleum gas employing a contained or aggregate or interconnected containers of two thousand (2,000) or more gallons of water capacity.
b. For every underground installation of LPG, irrespective of container size and capacity.
c. For every installation of LPG, irrespective of container size and capacity, made at buildings considered to be "places of assembly" with a capacity of twenty (20) or more persons. Such buildings include schools, churches, hospitals, institutions, hotels and restaurants.
(11) The fire prevention code is amended by the addition of article 35 which shall read as follows:
Before any fuel oil burner is installed in any structure, application shall first be made to the chief of the department and a permit obtained thereof.
Sec. 6-84. Modifications.
The chief of the fire department shall have authority to modify any of the provisions of the fire prevention code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification, when granted or allowed, and the decision of the chief of the fire department thereon shall be entered upon the records of the department, and a signed copy shall be furnished to the applicant.
Secs. 6-85--6-100. Reserved.
DIVISION 3.
LIFE SAFETY CODE
Sec. 6-101. Adoption of standards.
The city hereby adopts, for the purpose of establishing safety to life from fire in buildings and structures, that certain codes known as the "Life Safety Code, 1988 Edition," published by the National Fire Protection Association, as fully as if set out at length herein, except for the amendments set forth in this division and from the date on which this division shall take effect. The provisions thereof shall be controlling in the construction of all buildings and structures therein contained within the city.
Sec. 6-102. Amendments to standard code.
The Life Safety Code adopted in section 6-101 is amended as follows:
(1) The Life Safety Code is amended by providing that the authority having jurisdiction under this code shall be the fire chief and/or building official.
(2) As defined in the Life Safety Code sections 18.1.3.1. and 19.1.3.1, the term "apartment buildings" includes apartment type condominiums.
(3) Townhouse-type condominium units with their own exit directly to grade level shall be considered one- and two-family dwellings in determining the requirements imposed by the Life Safety Code, only when each unit is separated by a wall within a two-hour fire resistance rating and extending from the floor of the lowest level to the underside of the roof deck. If the roof is constructed of combustible material the two-hour wall shall extend above the roof by at least two (2) feet.
Sec. 6-103. Penalty for violations.
Any person who shall violate any of the provisions of the code adopted in section 6-101 or this division hereby adopted or fail to comply therewith or who shall violate or fail to comply with any order made thereunder or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the board of adjustment or by a court of competent jurisdiction, with the time fixed herein, shall severely for each and every such violation and noncompliance, respectively be punished by a fine of not more than one thousand dollars ($1,000.00), but not less than one hundred dollars ($100.00). The imposition of one (1) penalty for any violation shall
not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained, and each separate violation, shall constitute a separate offense.
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