13-78-010 Definitions.
13-78-020 Buildings categorized by height.
13-78-030 Mixed-occupancy high-rise buildings.
13-78-040 Creation and filing of plan.
13-78-045 Life safety data sheet – Required
13-78-050 Required designated personnel.
13-78-060 Required designated personnel – On- site presence.
13-78-070 Required designated personnel – Duties.
13-78-080 Minimum plan requirements.
13-78-090 Safety drills.
13-78-100 Distribution of information.
13-78-110 Enforcement, rules and regulations, and penalties.
For purposes of this chapter, the following terms shall be defined as follows:
(a) "Emergency preparedness certificate" or "certificate" is a certificate issued by the fire department upon receipt of: (1) adequate proof that the applicant for the certificate is able and qualified to assume the duties required; and (2) proof of payment to the department of finance of a fee adequate to cover administrative costs. Such certificate shall be valid for one year from the date of issuance, and shall be renewable annually.
(b) "Emergency" is the existence of a condition or the occurrence of an event within, upon or near a high- rise building, which poses a direct and immediate threat to occupant life and necessitates the deployment of fire department resources for purposes of its mitigation. "Emergency" does not include a medical emergency affecting a single individual.
(c) "High-rise building" or "building" is any new or existing structure over eighty (80) feet above grade, which is also of occupancy Group A, B, F, M, or R, as determined in accordance with Chapter 14B-3.
"Non-residential high-rise building" or "non-residential building" is a high-rise building of occupancy Group A, B, F, or M.
"Residential high-rise building" or "residential building" is a high-rise building of occupancy Group R.
(d) "Occupant" is any person present within a high-rise building. "Occupant" shall include building staff, tenants and visitors.
"Regular occupant" is every occupant except for occasional visitors who are not present in the building on a regular basis and whose presence in the building cannot be predicted.
(e) "Owner" includes the owner, manager, agent or other person in charge, possession or control of a high-rise building. Where an owner is in charge, possession or control of only a portion of a building, the requirements of this Chapter applicable to owners shall apply only to that portion.
(f) "Plan" is a written emergency evacuation plan for occupant emergency evacuation and drill, prepared and maintained in compliance with this Chapter.
(Added Coun. J. 10-31-01, p. 71184, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 10; Amend Coun. J. 4-10-19, p. 100029, Art. VIII, § 1; Amend Coun. J. 10-7-20, p. 21791, Art. VII, § 11)
High-rise buildings subject to this chapter shall be categorized as follows, according to building height above grade:
Category 1 – Over 780 feet
Category 2 – Over 540 feet, up to and including 780 feet
Category 3 – Over 275 feet, up to and including 540 feet
Category 4 – 80 feet and over, up to and including 275 feet
(Added Coun. J. 10-31-01, p. 71183, § 1)
With respect to a high-rise building that has both residential and non-residential occupancy, the residential portion(s) of such building shall be governed by those provisions of this chapter applicable to residential high-rise buildings, and the non-residential portion(s) of such building shall be governed by those provisions of this chapter applicable to non-residential high-rise buildings.
(Added Coun. J. 10-31-01, p. 71184, § 1)
(a) Every high-rise building shall have a plan in place. The owner shall be responsible for creating, implementing, maintaining and updating a plan for that building. The owner shall review the plan annually and as a result of such annual review, shall amend or update the plan as necessary to ensure that it is accurate and complete. The plan shall be made available upon request to personnel of the department of buildings, the office of emergency management and communications, the fire department, and the department of police. Upon any change of ownership or management of a high-rise building, the previous owner shall provide all copies of the plan required by this chapter to the new owner.
(b) The owner of each Category 1 and Category 2 building, and the owner of each Category 3 and Category 4 building which is predominantly of occupancy Group A, shall be responsible for filing a copy of that building's plan with the City's Office of Emergency Management and Communications. The owner of each Category 3 and Category 4 building which is predominantly of occupancy Group B, F, M, or R is encouraged, but not required, to file a copy of that building's plan with the City's Office of Emergency Management and Communications. Any plan filed with the City's Office of Emergency Management and Communications shall be in such form(s) and format(s) as that office requires.
(c) For all high-rise buildings with a plan on file with the city's office of emergency management and communications, in the event the plan is amended or updated as a result of an annual review or more frequently on an owner's initiative, a copy of the amended or updated plan must be filed with the city's office of emergency management and communications.
(d) Consistent with applicable law, the city shall treat all plans submitted as confidential, and shall provide the owner with a copy of any appeal, received by the office of emergency management and communications, of the office of emergency management and communications' notice of denial provided to a third party seeking inspection and copies of that owner's plan.
(e) If a high-rise building has two or more owners, the owners may create, implement, maintain and amend and update a single plan for that building on a collective basis or through the delegation of one owner for such purposes, or such owners may create, implement, maintain and amend and update separate plans covering their respective portions of the building.
(Added Coun. J. 10-31-01, p. 71184, § 1; Amend Coun. J. 12-4-02, p. 99026, § 8.10; Amend Coun. J. 4-10-19, p. 100029, Art. VIII, § 2; Amend Coun. J. 10-7-20, p. 21791, Art. VII, § 12)
(a) Any owner of an existing building exceeding 80 feet in height above grade shall file with the Fire Department a life safety data sheet containing the following information about the building: (1) the name of the building owner of record, and, if applicable, the building manager; (2) the address of the building; (3) whether the building is residential or commercial or of mixed use; (4) if the building is residential or of mixed use, the number of dwelling units in the building; (5) the number of stories in the building; (6) whether the building is equipped with an automatic sprinkler system meeting any or all of the requirements of Chapter 14B-9 and identifying the areas so protected; and (7) whether the building is equipped with a standard inside standpipe system, a fire pump, or a smokeproof tower.
(b) All information contained in the life safety data sheet shall be kept current. Any change in required information shall be reported by the building owner to the fire department within 14 days after the change. This subsection shall be enforceable against the building owner and against any subsequent owner.
(c) Any person who violates this section shall be fined not less than $200.00 nor more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added* Coun. J. 12-15-04, p. 39962, § 1; Amend Coun. J. 4-10-19, p. 100029, Art. VIII, § 6; Amend Coun. J. 7-24-19, p. 3646, § 7; Amend Coun. J. 10-7-20, p. 21791, Art. VII, § 13)
(a) Each plan for Category 1 buildings shall include the following required designated personnel:
(1) Fire safety director ("F.S.D."). The plan must designate an F.S.D. The F.S.D. must be an employee of that building. The F.S.D. shall obtain and maintain an emergency preparedness certificate, and shall provide said certificate for inspection upon request to personnel of the department of buildings, the office of emergency management and communications, the fire department and the department of police.
(2) Deputy(ies) F.S.D. The plan must designate one or more deputies F.S.D. to serve as required by Section 13-78-060 in the absence of the F.S.D. Each deputy F.S.D. must be an employee of that building. Each deputy F.S.D. shall obtain and maintain an emergency preparedness certificate, and shall provide said certificate for inspection upon request to personnel of the department of buildings, the office of emergency management and communications, the fire department and the department of police.
(3) Building evacuation supervisor. The plan must designate a building evacuation supervisor. In a residential building, the building evacuation supervisor may be a resident of that building. In a non-residential building, the building evacuation supervisor must be an employee of that building.
(4) Fire wardens. The plan must designate fire wardens in sufficient numbers to carry out their duties as required by this chapter. In a residential building, some or all fire wardens may be residents of that building. In a non-residential building, some or all fire wardens may be employees of that building; provided, however, that if the owner does not wish to supply one or more fire wardens, then such fire wardens shall be supplied by building tenants, in numbers proportionate to tenant size.
(5) Emergency evacuation team. The plan must designate an emergency evacuation team. In a residential building, the emergency evacuation team may include or be composed of residents of that building. In a non-residential building, the emergency evacuation team may include or be composed of employees of that building; provided, however, that if the owner does not wish to supply one or more members of an emergency evacuation team, then such members shall be supplied by building tenants, in numbers proportionate to tenant size.
(b) Each plan for Category 2 buildings, and for Category 3 and Category 4 buildings which are also predominantly of occupancy Group A, shall include the same designated personnel as required for Category 1 buildings, with the exception of fire wardens, who are encouraged but not mandatory.
(c) Each plan for Category 3 buildings which are not predominantly of occupancy Group A shall include the following required designated personnel:
(1) F.S.D. The plan must designate an F.S.D. In a residential building, the F.S.D. may be an employee or resident of that building, and in a non- residential building, the F.S.D. may be an employee or tenant of that building. The F.S.D. shall obtain and maintain an emergency preparedness certificate, and shall provide said certificate for inspection upon request to personnel of the department of buildings, the office of emergency management and communications, the fire department and the department of police.
(2) Deputy(ies) F.S.D. The plan must designate as many deputies F.S.D. as necessary to serve as required by Section 13-78-060 in the absence of the F.S.D. In a residential building, one or more deputies F.S.D. may be residents of that building, and in a non- residential building, one or more deputies F.S.D. may be tenants of that building. Each deputy F.S.D. shall obtain and maintain an emergency preparedness certificate, and shall provide said certificate for inspection upon request to personnel of the department of buildings, the office of emergency management and communications, the fire department and the department of police.
(d) Each plan for Category 4 buildings which are not predominantly of occupancy Group A shall include such designated personnel, in such capacities, as in the judgment of the owner are necessary to effectively carry out the purposes of the plan. A certified F.S.D. and one or more certified deputies F.S.D. are encouraged but not required.
(e) Upon being certified, F.S.D.s may provide the necessary training to enable deputies F.S.D. and other designated personnel, except for other F.S.D.s, to become certified.
(f) Whenever there is a change in personnel who are designated pursuant to this section, building management shall provide appropriate training to newly designated personnel to carry out their required duties.
(g) The designated personnel required by this section may concurrently hold regular employment or be engaged in other capacities in addition to their duties required by this chapter. Provided, however, that an individual may serve in only one of the capacities designated by subsections (a) through (d) of this section at any given time.
(h) For purposes of this section, the term "employee" shall include employees of an owner, property manager or contractor.
(Added Coun. J. 10-31-01, p. 71184, § 1; Amend Coun. J. 12-4-02, p. 99026, § 8.10; Amend Coun. J. 4-10-19, p. 100029, Art. VIII, § 3; Amend Coun. J. 10-7-20, p. 21791, Art. VII, § 14)
(a) As used in this section, the phrase "if required" shall mean "if that particular category of designated personnel is required by the plan pursuant to Section 13-78-050."
(b) With regard to non-residential high-rise buildings which are of occupancy Group B, F, or M:
1. From 7:00 a.m. to 7:00 p.m., and also at any other time when more than 50 percent of the high- rise building's regular occupants are present, the F.S.D. or a deputy F.S.D., if required, shall be present on-site at the high-rise building. At such times, an emergency evacuation team, if required, shall also be present upon each occupied floor. At such times, a fire warden, if required, shall also be present upon each occupied floor; provided, however, that where a single occupied floor contains more than 25,000 square feet, one fire warden shall be present for each 25,000 square feet.
2. At all other times, if the F.S.D. or a deputy is not present on-site, a building evacuation supervisor, if required, must be present on-site.
(c) With regard to non-residential high-rise buildings which are of occupancy Group A:
1. At any time when more than 25 percent of the building's staff and other employees are present and the occupancy of the building is at less than 20 percent of capacity, the F.S.D., deputy F.S.D., or building evacuation supervisor shall be present on-site at the building.
2. At any time when the occupancy of the building is at 20 percent of capacity or greater, the F.S.D. or a deputy F.S.D. shall be present on-site at the building. At such times, an emergency evacuation team shall also be present upon each occupied floor.
(d) With regard to residential high-rise buildings:
1. From 7:00 p.m. to 7:00 a.m., the F.S.D. or a deputy F.S.D., if required, shall be present on-site at the building.
2. At all other times, if the F.S.D. or a deputy F.S.D. is not present on-site, a building evacuation supervisor, if required, must be present on-site.
(Added Coun. J. 10-31-01, p. 71184, § 1; Amend Coun. J. 4-10-19, p. 100029, Art. VIII, § 4; Amend Coun. J. 10-7-20, p. 21791, Art. VII, § 15)
The designated personnel required by Section 13-78-050 shall have, at a minimum, the following duties:
(a) The F.S.D. and deputies F.S.D. shall:
1. occupy the building's fire command station in an emergency, conduct operations in an emergency evacuation, direct evacuation and report conditions, including the designated refuge or rescue locations of occupants who have identified the need for assistance, to first-arriving fire companies;
2. conduct monthly building safety inspections to detect hazards and impediments to egress;
3. design procedures for emergency evacuations and drills;
4. direct emergency evacuations and drills;
5. assign fire wardens, if required by the plan pursuant to Section 13-78-050, for each occupied floor;
6. assign emergency evacuation team(s), if required by the plan pursuant to Section 13-78-050, for each occupied floor; and
(b) The building evacuation supervisor shall:
1. occupy the building's fire command station in an emergency if the F.S.D. or a deputy F.S.D. is not present, conduct operations including placement of a call to 911, direct evacuation and report conditions to first-arriving fire companies.
(c) Fire wardens shall:
1. know the locations of all exits leading from occupied areas and train as prescribed under the plan; and
2. direct emergency evacuations and drills from their assigned floor in accordance with the plan.
(d) Emergency evacuation teams shall:
1. know the location of all exits leading from occupied areas and train as prescribed under the plan; and
2. lead emergency evacuations and drills from occupied areas in accordance with the plan and as directed by a fire warden.
(Added Coun. J. 10-31-01, p. 71184, § 1)
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