Fire Code (SL 4 of 1997)

Exceptions, adaptations and modifications to the Standard Fire Prevention Code. The Governor in Council, in exercise of the powers conferred upon him by section 15 of the Fire Brigade Law (1995 Revision), makes the following Regulations — Citation and commencement (1) These Regulations may be cited as the Fire Code, 1997. (2) These Regulations shall come into force on such day the Governor may by order appoint and different days may be appointed for different provisions or for different purposes. (3) An order under subregulation (2) may make such transitional adaptations of the provisions of these Regulations then in force or brought into force by the order as appear to the Governor to be necessary or expedient in consequence of the partial operation of the Regulations. Interpretation In these Regulations, unless the context otherwise requires — “Law” means the Fire Brigade Law (1995 Revision); and “section” means section of the Law. Application of Standard Fire Prevention Code (1) To the extent that they are consistent with the Law and with the other laws of the Islands for the time being in force, and subject to the exceptions, adaptations and modifications set out in the Schedule to these Regulations, the provisions of the Eighth (1994) Edition of the Standard Fire Prevention Code, based on the former American Insurance Association National Fire Prevention Code first adopted in 1974 at the Southern Building Code Congress International in Birmingham in the State of Alabama in the United States of America (in these Regulations referred to as the “Standard Fire Prevention Code”) shall, in relation to the safety of life and property from fire and certain hazards, apply as part of the laws of the Islands — (2) The provisions of the Standard Fire Prevention Code shall be those set out in the copy thereof for the time being entered in Part III of the Register (in these Regulations referred to as “the Register”) kept by the Director of Planning under the provisions of the Building Code. (3) It shall be the duty of the Director of Planning to enter in Part II of the Register referred to in subregulation (2) in addition to the documents required to be kept therein under the Building Code, a copy of each of the several documents (in this Code referred to as “the referenced standards”) referred to in Chapter 3 and Appendix D104 (Reference Publications) of the Standard Fire Prevention Code. Identification of standards and references thereto in Code (1) The Director of Planning shall identify each of the documents entered in Part II of the Register under the provisions of subregulation 4(3) by marking on it the initial letters of the title of the relevant authority and the letters and numbers set out against the document in Chapter 3 and in Appendix D104 (Reference Publications) of the Standard Fire Prevention Code. (2) Whenever a reference is made in this Code to a group of letters and numbers identifying a document in Part II of the Register such reference shall be deemed a reference to the respective document as recorded in the Register at the relevant time and a reference in this Code to a Part, paragraph, section or other division of that document shall be construed accordingly. Amendment of standards When the person or authority responsible for laying down any standard set out in any document for the time being entered in Part II of the Register under the provisions of subregulation 4 (3) amends that standard, the Governor may by order require the Director of Planning to make corresponding amendments (with any further amendments that the Governor may consider should be made) to the relevant document in such Register and the Director of Planning shall amend the Register accordingly. Any such amendment, unless the Order made by the Governor provides otherwise, shall take effect from the time of its being entered in Part II of the Register. Evidence of Register Every document entered in the Register under this Code and every duplicate thereof, or extract therefrom, certified under the hand of the Director of Planning shall, respectively, be evidence of the content of such Code, document, or extract, as the case may be. General penalty (1) Whoever contravenes any of these Regulations is guilty of an offence and liable on summary conviction to a fine not exceeding $6,000 and, if the offence is a continuing one, to a further fine not exceeding $60 for every day, or part of a day, during which the default continues after he is convicted. (2) In any case where a person is convicted of a continuing offence under subsection (1) — (a) the court may fix a reasonable period from the date of conviction for the defendant to comply with any directions given by the court; and (b) where the court has fixed such a period, the daily penalty is not recoverable in respect of any day before the period expires. Regulation 4 Exceptions, adaptations and modifications to the Standard Fire Prevention Code. CHAPTER 1 Section 101.1 101.2 101.3.2 101.4 101.6 102.1 102.2 Substitute “constitute a fire hazard” for “hazardous to life and property”. CHAPTER 2 Delete the definitions “APARTMENT” and “APARTMENT HOUSE” and substitute the following- ‘“APARTMENT” and “APARTMENT HOUSE” bear the meaning ascribed to the term “Apartment” in the Development and Planning Regulations (1995 Revision);’. Delete the definition “APPLICABLE GOVERNING BODY” and substitute the following- ‘“APPLICABLE GOVERNING BODY” includes the Minister, Department, entity, or person authorised to administer or enforce the Provision of this Code concerned;’. Delete the definition “APPROVED” and substitute the ‘“APPROVED” means approved by the Chief Fire Officer;’. Amend the definition “BUILDING CODE” by deleting “Standard”. Delete the definition “BUILDING OFFICIAL” and substitute the following‘“ BUILDING OFFICIAL” bears the meaning ascribed to that term in Chapter 2 of the Schedule to the Building Code;’. Delete the definition “ CHIEF OF FIRE DEPARTMENT”. Delete the definition of “CHIEF OF FIRE PREVENTION BUREAU” and substitute the following- ‘“CHIEF OF FIRE PREVENTION BUREAU” means the Chief Fire Officer;’. Delete the definition “DEA”. Delete the definition “DWELLING” and substitute the ‘“DWELLING” means a building occupied exclusively for residential purposes by not more than one family;’. Delete the definition “DWELLING UNIT” and substitute the ‘“DWELLING UNIT” bears the meaning ascribed to that term in regulation 2 of the Development and Planning Regulations (1995 Revision);’. new definitions- ‘“ELECTRICAL CODE” means the Electricity Law (1997 Revision);’. ‘“FIRE COMPANY” means any two or more members of the Brigade acting in concert;’. Delete the definition “FIRE DEPARTMENT” and substitute the following‘“ FIRE DEPARTMENT” means the Fire Brigade;’. ‘“FIRE DEPARTMENT CONNECTION” means a hose connection at grade or street level for use by the Fire Brigade only for the purpose of supplying water to standpipes or sprinkler systems;’. Delete the definition of “FIRE HAZARD”. Delete the definition of “FIRE OFFICIAL” and substitute the ‘“FIRE OFFICIAL” means the Chief Fire Officer and includes any officer duly authorised by him or lawfully acting on his behalf;’. Delete the definition “FIRE PREVENTION BUREAU” and substitute the following- ‘“FIRE PREVENTION BUREAU” means the Fire Brigade;’. The definition “FIREWORKS” is amended by deleting the paragraph headed “CLASS C, COMMON”. ‘“FLAMMABLE” bears the same meaning as the word “inflammable”;’. Delete the definition “HIGH RISE BUILDING”. Delete the definition “HOTEL” and substitute the following‘“ HOTEL” bears the meaning ascribed to that term in the Hotels Aid Law (1995 Revision);’. The definition “ICC CONTAINER” is amended by inserting the words “of the United States of America” after “Commission”. ‘“LABELLED” means, in relation to devices, equipment or materials, having affixed thereto a label, seal, symbol or other identifying mark of a testing laboratory, inspection agency or other organisation recognised by the Chief Fire Officer which is concerned with product evaluation and which maintains periodic inspection of production of the thing concerned and by the affixing of which label, seal, symbol or mark the manufacturer attests to compliance with the applicable generally recognised standards; and “LABELED” bears a similar meaning;’. Delete the definition “LISTED” and substitute the following- ‘“LISTED”, in relation to equipment or materials, means included in a list published by a testing laboratory, inspection agency or other organisation recognised by the Chief Fire Officer to be of a standard satisfactory to him which is concerned with the product evaluation and which maintains periodic inspection of production of equipment and materials and, if it is stated or implied in such list, either that the equipment or material meets recognised standards or has been tested and found suitable for use in a specified manner;’. “LOT” bears the meaning ascribed to that word in the Registered Land Law (1995 Revision). “ROAD” bears the meaning ascribed to that word in the Roads Law (Revised). CHAPTER 4 401.1.1 Insert “by reason of fire” after “property”. 401.2.1 Delete “a Certificate of Occupancy has been issued by the building official for that occupancy classification” and substitute “where required by law, a Certificate of Occupancy authorising occupancy of the relevant class has been issued under the Building Code in respect of the premises concerned”. 401.2.2 Insert “of Government” immediately before “departments” where it first appears. 402.3 402.4 402.7 402.10 402.13 402.14 402.15.1 Substitute “materials hazardous by reason of fire” for “hazardous materials”. Table 402.15.2 Substitute “500” for “1000” where it thrice appears in the column headed “Solid (lb)”. 402.16 Substitute “storage” for “stock”. 402.17 402.22 402.23 402.24 402.26 Substitute “16” for “12”. 402.27 402.31 402.33 CHAPTER 5 501.1.1 Amend by- (a) deleting the first sentence; and (b) deleting “a permit or other proper authorisation”, and substituting “the permission of the Chief Fire Officer”. 501.3 Delete and substitute the following new section- “Incinerator construction Commercial, industrial and apartment incinerators shall be- (a) constructed in accordance with the provisions of the building and mechanical codes and NFiPA 82; (b) equipped with an effective means for arresting sparks; and (c) maintained in compliance with NFiPA 82.”. 501.4.1 Amend as follows- (a) by inserting after the word “incinerators” the words “to which 501.3 applies”; and (b) by deleting the word “mountainous” and the comma preceding it. 501.5 503.2.1 Delete “to any public fire station or company”, and substitute “the Brigade or any official emergency communication system”. Table 505.3 Delete and substitute the following new Table- “TABLE 505.3 MINIMUM INTERIOR FINISH CLASSIFICATION - EXISTING BUILDINGS Unsprinklered Sprinklered Occupancy Exit¹ Access to Exits Other Spaces Exits¹ Access to Exits Other spaces A-1 Working Stage A B A-1 Non-Working Stage A B A-2 Working Stage A B A-2 Non-Working Stage A B E A B F H Sprinklers required I RestrainedAAB²AAB²I UnrestrainedAABBCCMBBCCCCRBBCCCCSCCCCCC¹ In vertical exitways of buildings three storeys or less in height of other than Group 1 Restrained, theinterior finish may be Class B for unsprinklered buildings and Class C for sprinklered buildings.² Class C interior finish materials may be used in administrative areas.”.506.2Delete “mountainous” where it twice appears.CHAPTER 6 601.2 (a) Delete the words “a misdemeanour” where they appear in the heading, and substitute “An offence”; and (b) Delete the words “a misdemeanour” where they appear at the end of the section, and substitute “an offence”. 602.5.2 Insert “Provided that this section shall not apply to any public water authority or entity” immediately before the full stop at the end of the section. 602.6.1 Delete “13 ft 6 inch (4.1 m)” and substitute “15 feet”. 603.1.1 Delete “or state regulations”, and substitute “or any other law”. 603.5 603.7.1 Delete subsections 1 to 8 and substitute the following paragraphs- “1. All Group A occupancies.

Group F two storeys or more in height, and having an occupant load of 250 or more persons above or below the street floor level.

R1 - occupancies having accommodation for more than 8 guests. R2 - Apartment houses more than 8 units and dormitories; guest houses having more than 8 sleeping accommodations. EXCEPTION; Where each guest room or apartment has a direct exit to the outside of the building and the building is one storey.”. 603.13.1 Delete and substitute the following new section- “In every building 3 storeys or more in height or 30 feet or more in height, not less than one standpipe shall be installed when the progress of the construction is not more than 30 feet above grade and shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring. Standpipe systems shall be provided with Fire Department connection at accessible locations adjacent to usable stairs. All outlets shall be not less than 2½ inches.”. 603.13.2 Delete the last sentence. CHAPTER 8 807.1.2 In the Exception, delete “R High Rise”, and substitute “R where the building concerned exceeds 35 feet in height (measured from average grade to soffit) or is of three storeys or more”. Table 807 Delete and substitute the following new Table- “Table 807 Special Power for Exit Signs and Illumination Occupancy Minimum Occupant Content Group A - Assembly All Group I - Institutional All Group H - Hazardous All* Group R - Residential All (except R3) Group B & M - Business & Mercantile All Group - Educational All * Individual rooms 500 square feet (46.4 m²) or less in mixed occupancy and buildings 500 square feet (46.4 m²) or less are exempted.”. 809.2.1 Delete “high rise buildings”, and substitute “all buildings in Occupancy Group R 1 and all other buildings exceeding 35 feet in height (measured from average grade to soffit) or of three storeys or more”. 809.4.2 Delete the second sentence. CHAPTER 9 Section 901.1.2 CHAPTER 13 CHAPTER 14 1401.1 Delete the second sentence and substitute “Such equipment shall be of a type approved by a laboratory, inspection agency or other organisation concerned with product evaluation and recognised by the Chief Fire Officer.”. CHAPTER 16 CHAPTER 18 1806.1 CHAPTER 19 Delete and substitute the following- “CHAPTER 19 EXPLOSIVE MATERIALS Refer to the Explosives Law (1997 Revision).”. CHAPTER 20 Delete and substitute the following- “CHAPTER 20 FIREWORKS NFiPA Code 1123 for the Public Display of Fireworks 1990 and NFiPA Code 1124 for the Manufacture, Transportation and Storage of Fireworks, 1988 shall apply.”. CHAPTER 21 CHAPTER 22 2201.1.1 2201.1.2 Delete the first paragraph and substitute- “The provisions of this Chapter shall apply only to those hazardous materials- (a) which are a fire hazard; or (b) the escape or spilling of which would constitute a hazard.”. 2201.1.2 Amend as follows- (a) delete Exception 1; (b) delete Exceptions 5, 6 and 7 and substitute “6. Explosives falling within the scope of the Explosives Law (1997 Revision)”; and (c) in Exception 12, delete the word “Standard”. 2201.1.3 2202.2.1 Delete “Chapter 19” in paragraph 1, and substitute “the Explosives Law (1997 Revision)”. 2203.2 Delete and substitute- “Indoor storage of explosives and blasting agents shall be in accordance with the Explosives Law (1997 Revision).”. CHAPTER 24 CHAPTER 25 CHAPTER 26 CHAPTER 27 CHAPTER 29 2901.2.1 (a) Delete “approved”; and (b) Add at the end “Such equipment shall be of a type approved by a laboratory, inspection agency or other organisation concerned with product evaluation and recognised by the Chief Fire Officer.” 2904.1.1 Delete “be permitted”, and substitute “take place”. 2904.2.1 Delete paragraph 1 and substitute- “1. In areas which do not comply with 2904.1.1.”. CHAPTER 30 3003.5 Delete “Federal Aviation Administration”, and substitute “Civil Aviation Authority”. CHAPTER 32 CHAPTER 35 3502 .3 Delete the words “and Mechanical”. CHAPTER 38 CHAPTER 42 4201.1 Insert at the beginning of the section “This Chapter shall apply only to those substances to which Chapter 22 applies and references herein to “HPM” shall be construed accordingly.”. Made in Executive Council the 15th day of April, 1997. C.H. PARSONS Clerk of the Executive Council.