maine state fire marshals office1 laws and codes relating to existing apartment occupancies in the...

Maine State Fire Marshals Office Maine State Fire Marshals Office 11

Laws and Codes Relating to Laws and Codes Relating to Existing Apartment Existing Apartment

occupancies in the State of occupancies in the State of MaineMaine

Mark Stevens CFI-II, CFPS, CFPEMark Stevens CFI-II, CFPS, CFPE

Inspections SupervisorInspections Supervisor

MAINE STATE FIRE MARSHALS MAINE STATE FIRE MARSHALS OFFICE OFFICE


The relationship between laws, The relationship between laws, codes, and standardscodes, and standards

It is critical to understand how laws, It is critical to understand how laws, codes and standards relate in legal termscodes and standards relate in legal terms

Law:Law: An act passed by the legislative An act passed by the legislative branch of government that often has a branch of government that often has a large, encompassing scope. large, encompassing scope.

Code:Code: A document written by a A document written by a consensus committee that has a specific consensus committee that has a specific focusfocus

Standard:Standard: A document containing specific A document containing specific technical instructions. technical instructions.


The legal “hierarchy” of the The legal “hierarchy” of the code worldcode world

Laws have the highest level of Laws have the highest level of legal “authority”legal “authority”

Where a law and a code conflict Where a law and a code conflict the law will take precedence. the law will take precedence.

Laws may Laws may referencereference a code for a code for compliance. When this occurs a compliance. When this occurs a

code is said to have the “force of code is said to have the “force of law”.law”.


The legal “hierarchy” of the The legal “hierarchy” of the code world (continued)code world (continued)

Codes are subordinate to law.Codes are subordinate to law. Codes must be legally adopted before Codes must be legally adopted before

they can be enforced. they can be enforced. Codes are written in legally Codes are written in legally

enforceable language using words enforceable language using words such as “shall” in the text of the code. such as “shall” in the text of the code.

Codes are revised every three to five Codes are revised every three to five years with changes based upon years with changes based upon

trends in fire loss and advances in trends in fire loss and advances in technology. technology.


The legal “hierarchy” of the The legal “hierarchy” of the code world (continued)code world (continued)

Standards are subordinate to codesStandards are subordinate to codes A standard may not be enforced A standard may not be enforced

unless it is required by a law or code. unless it is required by a law or code. Standards are technical documents Standards are technical documents

that cover the installation and that cover the installation and maintenance of systems such as maintenance of systems such as sprinkler systems and fire alarm sprinkler systems and fire alarm

systems. systems.


Laws that relate to apartment Laws that relate to apartment buildings in Mainebuildings in Maine

Title 25 MRSA, Section 2452:Title 25 MRSA, Section 2452: Provides the Provides the authority to adopt NFPA 101 authority to adopt NFPA 101 Life Safety Life Safety Code Code and other relevant codes/standardsand other relevant codes/standards

Title 25 MRSA, Section 2361:Title 25 MRSA, Section 2361: Provides the Provides the authority for certain municipal officers to authority for certain municipal officers to enforce codes and standards adopted by enforce codes and standards adopted by the State of Maine (including building and the State of Maine (including building and fire codes). fire codes).


Laws that relate to apartment Laws that relate to apartment buildings in Maine (continued)buildings in Maine (continued)

Title 25 MRSA, Section 2464: Title 25 MRSA, Section 2464: Covers Covers responsibility for installing and responsibility for installing and maintaining smoke detectors. maintaining smoke detectors. (subsection (subsection 9 specifically references rental units). 9 specifically references rental units).

Title 25 MRSA, Section 2468:Title 25 MRSA, Section 2468: Covers Covers the installation of carbon monoxide the installation of carbon monoxide detectors. detectors.


NFPA 101 NFPA 101 Life Safety Code Life Safety Code and and apartment buildingsapartment buildings

NFPA 101 NFPA 101 The Life Safety Code, The Life Safety Code, is the is the State adopted code for the protection of State adopted code for the protection of life in buildings. life in buildings.

The currently adopted edition is the 2009 The currently adopted edition is the 2009 edition. The edition. The Life Safety Code Life Safety Code was first was first adopted in Maine in 1959. adopted in Maine in 1959.

The The Life Safety Code Life Safety Code applies to both new applies to both new and and existingexisting buildings. Chapter 31 of the buildings. Chapter 31 of the current edition covers existing apartment current edition covers existing apartment buildings. buildings.


NFPA 101 NFPA 101 Life Safety Code Life Safety Code and and apartment buildings (cont.)apartment buildings (cont.)

Contrary to what many people Contrary to what many people believe buildings are believe buildings are notnot “grandfathered”. Existing buildings “grandfathered”. Existing buildings must comply with the must comply with the existing existing chapter of the chapter of the Life Safety CodeLife Safety Code for for the type of occupancy. the type of occupancy.


How does NFPA 101 define an How does NFPA 101 define an apartment building?apartment building?

An apartment occupancy is: “A An apartment occupancy is: “A building or portion thereof containing building or portion thereof containing three or more dwelling units with three or more dwelling units with independent cooking and bathroom independent cooking and bathroom facilities”. facilities”. (NFPA 101, section 3.3.32.3 (2009 edition). (NFPA 101, section 3.3.32.3 (2009 edition).

Rental units with one or two dwelling Rental units with one or two dwelling units would be considered “one-and units would be considered “one-and two family dwellings” covered under two family dwellings” covered under Chapter 24 of the Chapter 24 of the Life Safety Code. Life Safety Code.


NFPA 101 Chapter 31NFPA 101 Chapter 31Existing apartment buildingsExisting apartment buildings

Apartment buildings are considered to Apartment buildings are considered to be “existing” if they were occupied be “existing” if they were occupied prior to the adoption of the prior to the adoption of the Life Safety Life Safety Code Code edition currently in force. edition currently in force.

Maine adopted the 2009 edition of Maine adopted the 2009 edition of NFPA 101 on August 1, 2011. NFPA 101 on August 1, 2011.

Local jurisdictions may have previous Local jurisdictions may have previous (or newer) editions of NFPA 101 (or newer) editions of NFPA 101 adopted. adopted.


NFPA 101- Compliance NFPA 101- Compliance requirements for apartment requirements for apartment

buildingsbuildings Existing apartment buildings must Existing apartment buildings must

meet different requirements meet different requirements depending on depending on one of four compliance one of four compliance options:options:


Option # 1Option # 1

Applies to apartment buildings that Applies to apartment buildings that do notdo not have fire suppression or have fire suppression or detection systems installed detection systems installed throughout throughout

Buildings meeting option # 1 are Buildings meeting option # 1 are three (or fewer) stories in height and three (or fewer) stories in height and have ten (or fewer) dwelling units. have ten (or fewer) dwelling units.



Applies to apartment buildings that Applies to apartment buildings that are “provided with a complete are “provided with a complete approved automatic fire detection approved automatic fire detection and notification system in and notification system in accordance with [section] 31.3.4.4”accordance with [section] 31.3.4.4”

Buildings that comply with option # 2 Buildings that comply with option # 2 must have a fire alarm system (must have a fire alarm system (notnot single station smoke alarms) single station smoke alarms) installed throughoutinstalled throughout



Applies to apartment buildings Applies to apartment buildings provided with fire sprinkler provided with fire sprinkler protection in “select areas, as protection in “select areas, as described in [section] 31.3.5.9described in [section] 31.3.5.9

Buildings meeting option # 3 will Buildings meeting option # 3 will have sprinkler system protection in: have sprinkler system protection in: corridors, stairs, and at every corridors, stairs, and at every dwelling unit door. dwelling unit door. Living units and Living units and other areas will not be sprinkled.other areas will not be sprinkled.



Applies to apartment buildings that Applies to apartment buildings that are “protected throughout with an are “protected throughout with an approved automatic fire sprinkler approved automatic fire sprinkler system”. system”.

All required areas (including dwelling All required areas (including dwelling units) will be provided with fire units) will be provided with fire sprinkler protection. sprinkler protection.


Once I have determined the Once I have determined the compliance option, how do I compliance option, how do I

proceed?proceed? After determining the compliance option After determining the compliance option

the next step is to evaluate the means of the next step is to evaluate the means of egress –and- means of escape. egress –and- means of escape.

Means of egress:Means of egress: Refers to the egress Refers to the egress route from dwelling units to the outside of route from dwelling units to the outside of the building. the building.

Means of escape:Means of escape: Refers to required Refers to required escape routes located escape routes located withinwithin the dwelling the dwelling unit. unit.


Means of egressMeans of egress

In most cases at least two means of egress In most cases at least two means of egress must be available to every dwelling unit. must be available to every dwelling unit.

Sections 31.2.4.2, 31.2.4.3, 31.2.4.4, and Sections 31.2.4.2, 31.2.4.3, 31.2.4.4, and 31.2.4.5 (NFPA 101, 2009 edition) cover 31.2.4.5 (NFPA 101, 2009 edition) cover the exceptions where a single exit is the exceptions where a single exit is permitted. permitted.


Means of egress Means of egress componentscomponents

Only the following components are Only the following components are permitted to be part of the means of permitted to be part of the means of egress:egress:

Doors that are equipped with approved Doors that are equipped with approved door hardware door hardware (NFPA 101 sections 7.2.1 and (NFPA 101 sections 7.2.1 and 31.2.2.2.2)31.2.2.2.2)

Interior and exterior stairs Interior and exterior stairs (complying with NFPA (complying with NFPA 101 sections 31.2.2 and 7.2.2)101 sections 31.2.2 and 7.2.2)

Existing fire escape stairs Existing fire escape stairs (complying with NFPA (complying with NFPA 101, section 7.2.8)101, section 7.2.8)

Exit passageways (corridors) Exit passageways (corridors) (complying with (complying with NFPA 101, section 7.2.6)NFPA 101, section 7.2.6)


Means of escapeMeans of escape

In every dwelling unit a secondary means In every dwelling unit a secondary means of escape from every space (room) within of escape from every space (room) within a dwelling unit that is normally occupied is a dwelling unit that is normally occupied is required. required.

All spaces (rooms) are considered normally All spaces (rooms) are considered normally occupied except: kitchens, bathrooms, and occupied except: kitchens, bathrooms, and rooms used solely for storage. rooms used solely for storage.

EXCEPTION:EXCEPTION: Apartment buildings protected Apartment buildings protected throughout with sprinkler systems (option throughout with sprinkler systems (option # 4) are not required to have a secondary # 4) are not required to have a secondary means of escape. means of escape.


What composes a secondary What composes a secondary means of escape?means of escape?

A secondary means of escape is a A secondary means of escape is a means of escape from every room in means of escape from every room in the dwelling unit that is separate from the dwelling unit that is separate from the primary means of escape (door) the primary means of escape (door) serving the room. serving the room.

The secondary means of escape may The secondary means of escape may be a window meeting the requirements be a window meeting the requirements for an “egress window”. for an “egress window”.

Do not confuse the means of Do not confuse the means of egressegress with with the means of the means of escapeescape! !


The egress windowThe egress window

Egress windows are permitted to serve as Egress windows are permitted to serve as the secondary means of escape in the the secondary means of escape in the dwelling unit if: dwelling unit if:

The actual clear window opening The actual clear window opening measures at least 5.7 square feet in clear measures at least 5.7 square feet in clear opening area with minimum clear opening opening area with minimum clear opening dimensions of 24 inches in height and 20 dimensions of 24 inches in height and 20 inches in width.inches in width.

The window is not more than 44 inches off The window is not more than 44 inches off the floor level of the room. the floor level of the room.


The egress window The egress window (continued)(continued)

The window is less than 20 feet The window is less than 20 feet above the adjacent grade level on above the adjacent grade level on the exterior of the building. the exterior of the building.

If the window is more than 20 feet If the window is more than 20 feet above the adjacent grade level:above the adjacent grade level: the the window must open onto an exterior window must open onto an exterior balcony balcony –or-–or- must be accessible to must be accessible to fire apparatus as approved by the fire apparatus as approved by the local fire department. local fire department.


Other egress considerationsOther egress considerations

Common path of travelCommon path of travel to exits cannot to exits cannot exceed 35 feet in non-sprinkled buildings exceed 35 feet in non-sprinkled buildings or 50 feet in sprinkled buildings. or 50 feet in sprinkled buildings.

Dead end corridorsDead end corridors cannot exceed 50 feet cannot exceed 50 feet in length. in length.

Lighting of the means of egressLighting of the means of egress (ordinary (ordinary lighting in all buildings) and emergency lighting in all buildings) and emergency lighting if four stories or more –or- more lighting if four stories or more –or- more than 12 dwelling units than 12 dwelling units ((exception:exception: all units have all units have exits that discharge directly outside at grade). exits that discharge directly outside at grade).


Other egress considerationsOther egress considerations

Illuminated exit signs where more Illuminated exit signs where more than one exit (means of egress) is than one exit (means of egress) is required and the exit route is not required and the exit route is not obvious to a person who is unfamiliar obvious to a person who is unfamiliar with the building. with the building.


Protection of vertical Protection of vertical openingsopenings

Vertical openings (openings between Vertical openings (openings between floor levels) must be protected with floor levels) must be protected with construction having at least a 30 construction having at least a 30 minute fire resistive rating.minute fire resistive rating.

Doors opening into stairs between Doors opening into stairs between floor levels must be self-closing and floor levels must be self-closing and positively latching. positively latching.


Exceptions to enclosures of Exceptions to enclosures of vertical openingsvertical openings

EXCEPTIONS:EXCEPTIONS: Exits stair enclosures have their own fire Exits stair enclosures have their own fire

rating requirements based on the option rating requirements based on the option used for compliance: typically 20 minutes used for compliance: typically 20 minutes or for options 2,3,4 and 60 minutes for or for options 2,3,4 and 60 minutes for option # 1. (option # 1. (See NFPA 101, sections 31.2.2.1 See NFPA 101, sections 31.2.2.1 and 7.1.2.3)and 7.1.2.3)

Some vertical openings are permitted to Some vertical openings are permitted to be unenclosed if the building is sprinkled be unenclosed if the building is sprinkled throughout (throughout (see NFPA 101, section 31.3.1.4see NFPA 101, section 31.3.1.4))


Hazard area protectionHazard area protection

Hazard areas in apartment buildings Hazard areas in apartment buildings must be protected. must be protected.

Areas that are considered hazard areas:Areas that are considered hazard areas: Boiler rooms serving more than one Boiler rooms serving more than one

unitunit Laundry rooms greater than 100 feetLaundry rooms greater than 100 feet Maintenance shopsMaintenance shops Storage areasStorage areas Trash collection roomsTrash collection rooms


Protection of hazard areas:Protection of hazard areas:

Hazard areas are required to be Hazard areas are required to be separated with fire rated separated with fire rated construction having a one hour rating construction having a one hour rating

EXCEPTION:EXCEPTION: Hazard areas protected Hazard areas protected with an automatic extinguishing with an automatic extinguishing system must be separated from the system must be separated from the remainder of the building with smoke remainder of the building with smoke partitions capable of resisting the partitions capable of resisting the passage of smoke. passage of smoke.


Smoke detectionSmoke detection

The installation of smoke detectors The installation of smoke detectors must meet Maine Law: Title 25 must meet Maine Law: Title 25 MRSA, section 2464 MRSA, section 2464 andand NFPA 101 NFPA 101 Life Safety CodeLife Safety Code, section 31.3.4.5, section 31.3.4.5

Buildings equipped with Buildings equipped with fire alarm fire alarm systemssystems must have system smoke must have system smoke detection installed in accordance detection installed in accordance with NFPA 101, section 31.3.4.4. with NFPA 101, section 31.3.4.4. (Section 31.3.4.4 (Section 31.3.4.4 does notdoes not apply to apply to single station smoke alarms)single station smoke alarms)


Be sure to install alarms in the Be sure to install alarms in the following places.following places.

–Install an alarm inside each Install an alarm inside each bedroom and outside each bedroom and outside each separate sleeping area.separate sleeping area.

– Install an alarm on each level of the Install an alarm on each level of the home including the basement.home including the basement.


AvoidAvoid putting smoke alarms in the putting smoke alarms in the following placesfollowing places

– KitchensKitchens– GaragesGarages– Bathrooms Bathrooms – Most attics, unless the local jurisdiction Most attics, unless the local jurisdiction

requires them in walk up atticsrequires them in walk up attics


Smoke alarm installationSmoke alarm installation


Building services (utilities)Building services (utilities)

Electrical systems and heating Electrical systems and heating systems must be installed and systems must be installed and maintained in accordance with maintained in accordance with applicable codes and standards. applicable codes and standards.


Building services (utilities)Building services (utilities) For suspected violations involving central For suspected violations involving central

heating systems, gas appliances, or electrical heating systems, gas appliances, or electrical systems contact your local code enforcement systems contact your local code enforcement

ORORDepartment of Professional & Financial Department of Professional & Financial

RegulationRegulation35 State House Station35 State House StationAugusta, Maine 04333 Augusta, Maine 04333

Telephone: (207) 624-8500Telephone: (207) 624-8500Fax: (207) 624-8690Fax: (207) 624-8690


Laws and Codes Relating to Laws and Codes Relating to Existing Apartment Existing Apartment

occupancies in the State of occupancies in the State of MaineMaine

Questions and Comments ?Questions and Comments ?

Maine Fire Marshal’s OfficeMaine Fire Marshal’s Office

Inspections DivisionInspections Division

45 Commerce Drive, Suite # 145 Commerce Drive, Suite # 1

Augusta, Maine 04333Augusta, Maine 04333

Telephone: (207) 626-3880Telephone: (207) 626-3880

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