Fire protection out of service

[Inspector 102]

Due to the economy, there are a couple of empty industrial buildings that are empty and have requested approval to shut off their automatic fire protection system. Has anyone ever allowed this condition to occur and how was it handled. I have spoken with the local fire chief and some of the concerns we discussed include:

1. How to verfiy the building will remain empty

2. How does the information get relayed to any potential buyer of special circumstances

3. What liability would the local fire department have by allowing this to occur

As always, I am looking forward to everyone jumping all over this to try to make an official policy. If anyone has used forms to allow said request, I would appreciate seeing a sample to reference. I feel if any written agreement is entered into, then it must be recorded and carry penalties for violating the agreement. By recording it as an attachment with the deed, then hopefully it would address any change of ownership and terminate the agreement. Waiting on your thoughts and thank you.

 

[rshuey]

Sure they can disconnect it. they just need to provide a fire watch until the service is restored, OR, demo the building?

There are always choices!

 

[mark handler]

Get a letter from their insurance carrier that they will continue coverage for the property

Get a letter from any lending institution that holds paper on the property that they will allow the fire protection to be turned off

 

[Coug Dad]

Get a letter from their insurance carrier that they will continue coverage for the property Get a letter from any lending institution that holds paper on the property that they will allow the fire protection to be turned off

Good ideas, but not in the scope of a building or fire official. Can the building be classified as an occupancy and construction type where the sprinklers are not required by code? The sprinklers could then be reviewed as a non required system.

 

[mark handler]

...not in the scope of a building or fire official. .

I disagree, If they want to modify the code requirements, they need to get all the parties that have an interest to agree.

 

[Coug Dad]

I disagree, If they want to modify the code requirements, they need to get all the parties that have an interest to agree.

Again, all good ideas, and as a consultant I would pursue those agreements, but what section of the code allows the AHJ to base decisions upon input from an insurance company or bank?

 

[steveray]

CT has allowed this, I will try to post some code sections.....building has to be posted, COMPLETELY emptied of combustibles, and so on.....

 

[steveray]

(Add) SECTION 117 – VACANT BUILDINGS

(Add) 117.1 General. Temporarily unoccupied buildings, structures, premises or portions thereof, including tenant spaces, shall be safeguarded and maintained in accordance with this section.

(Add) 117.1.1 Abandoned premises. Buildings, structures and premises for which an owner cannot be identified or located by dispatch of a certificate of mailing to the last known or registered address, which persistently or repeatedly become unprotected or unsecured; which have been occupied by unauthorized persons or for illegal purposes; or which present a danger of structural collapse or fire spread to adjacent properties shall be considered abandoned, declared unsafe and abated or demolished in accordance with this code.

(Add) 117.2 Safeguarding vacant premises. Temporarily unoccupied buildings, structures, premises or portions thereof shall be secured and protected in accordance with this section.

(Add) 117.2.1 Security. Exterior openings and interior openings accessible to other tenants or unauthorized persons shall be boarded, locked, blocked or otherwise protected to prevent entry by unauthorized individuals.

(Add) 117.2.2 Fire protection. Fire alarm, sprinkler and standpipe systems shall be maintained in an operable condition at all times.

Exceptions:

1.

When the premises have been cleared of all combustible materials and debris and, in the opinion of the code official, the type of construction, fire separation distance and security of the premises do not create a fire hazard.

2.

Where buildings will not be heated and fire protection systems will be exposed to freezing temperatures, fire alarm and sprinkler systems are permitted to be placed out of service and standpipes are permitted to be maintained as dry systems (without an automatic water supply) provided

the building has no contents or storage, and windows, doors and other openings are secured to prohibit entry by unauthorized persons.

(Add) 117.2.3 Fire separation. Fire-resistance-rated partitions, fire barriers and fire walls separating vacant tenant spaces from the remainder of the building shall be maintained.

(Add) 117.3 Removal of combustibles. Persons owning, or in charge or control of, a vacant building or portion thereof, shall remove all accumulations of combustible materials and flammable or combustible waste or rubbish from such space. The premises shall be maintained clear of waste or hazardous materials.

Exceptions:

1.

Buildings or portions of buildings undergoing additions, alterations, repairs or change of occupancy under a valid permit in accordance with this code.

2.

Seasonally occupied buildings.

(Add) 117.4 Removal of hazardous materials. Persons owning, or in charge or control of, a vacant building or portion thereof, shall remove all accumulations of hazardous materials as defined by this code.

 

[Inspector 102]

This is a sample of some of the issues that I feel need to be included in any type of agreement document. What am I missing?

The _____________ Fire Department will consider the extended discontinued use of an automatic fire protection system, whether required by code or otherwise present at a facility, under the following guidelines:

1. The building is constructed non-combustible construction, including steel framework, steel siding and Class B or better roofing.

2. The building is located not closer than sixty (60) feet from any other structure, whether on the same property or a separate property.

3. The building is unoccupied by any employees, sub-contractors or persons at all times, with the exception of the owner or a single owners representative to conduct inspection of the vacant facility. If the building is to be occupied otherwise, such as might occur during a walk through with a potential purchaser, the fire department shall be notified of the number of persons in the building, the time they will be in the building, including start time and end time.

4. The building shall not store or be used for storage of any combustible material at any time.

5. The building shall not contain any flammable or combustible liquids including fueled equipment such as tow motors or generators.

6. All doors around the building shall be posted “Unlawful to Enter”

7. A statement by the insurance carrier of the structure, on company letterhead, acknowledging the request to terminate automatic fire protection and agreeing to the conditions of this agreement. The letter shall be signed by an authorized representative of the insurance carrier. In the event the building is self insured by the owner, any underwriters shall submit a letter containing the same information along with a statement by the owner on company letterhead.

8. A statement by the owner that the provisions and conditions of this agreement shall be disclosed to any potential buyer or investor of the structure for which this agreement has been entered into.

9. A statement by the owner that indicates the length in which this agreement is intended to run, the fact that upon expiration the agreement may or may not be renewed, and the fact that the terms of the agreement are non-transferrable to any new owner. If ownership of the building is transferred, the executor of this agreement shall contact the ________ Fire Department within ten (10) days of the sale of the building.

10. This agreement shall be recorded in the Office of the ___________ Recorder.

 

[mtlogcabin]

If the building has no uses (it is empty) and a sprinkler was not required because of area & type of construction we have allowed exceptions 1 and 2 to be applied on 2 buildings.

 

[peach]

even easier.. turn it off; notify the lien holders that the fire department will not respond to fires there.. only to the adjacent properties to protect them.

 

[permitguy]

The IFC very clearly allows them to be shut off at the discretion of the fire code official:

311.2.2 Fire protection. Fire alarm, sprinkler and stand-pipe systems shall be maintained in an operable condition at all times. Exceptions:

1. When the premises have been cleared of all combustible materials and debris and, in the opinion of the fire code official, the type of construction, fire separation distance and security of the premises do not create a fire hazard.

2. Where approved by the fire chief, buildings that will not be heated and where fire protection systems will be exposed to freezing temperatures, fire alarm and sprinkler systems are permitted to be placed out of service and standpipes are permitted to be maintained as dry systems (without an automatic water supply), provided the building has no contents or storage, and windows, doors and other openings are secured to prohibit entry by unauthorized persons.

Also see section 901.7, which very clearly spells out the requirements for a system out of service (including notification to the insurance carrier).

 

[peach]

understand that.. vacant buildings, however, attract vagrants.. let the lien holders know you'll not respond to fires at that location - they will usually keep the system in service.

 

[Insurance Engineer]

Do not expect the insurance company to solve your problem, do what YOU think you need to do and do it! Some insurance companies specialize in vacant properties because they can charge so much $$. BUT then again some insurance companies will not insure a vacant building, regardless if the sprinklers are in service or not. Some companies have a Loss Control department that will visit the location, some do not, some use 3rd party inspection companies, some have neither. Then again you may have a situation where this property is one of many under the same ownership and the insurance company looks the other way, or buys reinsurance to insure themselves and passes the extra $$ to the owner or just eats the cost because the account pays a lot of $$. As you can see way too any variables to expect the insurance company to do anything. BUT then again you never know.

 

[permitguy]

I wouldn't expect the insurance company to do anything, and wouldn't care about their opinion of the subject either way. I would simply make sure they are notified as required by the IFC.

Not responding to fires at the location isn't an option for most public fire departments, but the officer may choose to make it a defensive operation given the knowledge that the building is vacant and the systems are off line. Even if the building is vacant, though, going defensive isn't always the safest decision.

 

[steveray]

I think our stuff posted above came from the Worcester cold storage building fire that took the lives of 6 FF responding to a fire at a vacant building that was started by some homeless people living there....

 

[permitguy]

That may have been the catalyst for adoption, but most of it is right out of the fire code. I do like the way they've grouped the requirements together into one section.

 

[steveray]

Thanks PG....but somehow we are still at 300 occ load for sprinklers for assembly after the Station fire.....sometimes I don't understand....maybe we will get that down to the 100 with the RFS next change here...