A little lengthy but hopefully will make the point:
IFC 06 (for simplicity)
101.2 Scope.
This code establishes regulations affecting or relating to structures, processes, premises and safeguards regarding:
1. The hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices;
2. Conditions hazardous to life, property or public welfare in the occupancy of structures or premises;
3. Fire hazards in the structure or on the premises from occupancy or operation;
4. Matters related to the construction, extension, repair, alteration or removal of fire suppression or alarm systems.
My interpretation - changes in hazards of contents (hazardous materials, storage and quantities) over 75 years and therefore if the changes create a greater hazard then 75 years ago they must be regulated to the minimum regulations in the jurisdiction’s adopted fire code.
101.3 Intent.
The purpose of this code is to establish the minimum requirements consistent with nationally recognized good practice for providing a reasonable level of life safety and property protection from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises and to provide safety to fire fighters and emergency responders during emergency operations.
107.1 Maintenance of safeguards.
Whenever or wherever any device, equipment, system, condition, arrangement, level of protection, or any other feature is required for compliance with the provisions of this code, or otherwise installed, such device, equipment, system, condition, arrangement, level of protection, or other feature shall thereafter be continuously maintained in accordance with this code and applicable referenced standards.
107.5 Owner/occupant responsibility.
Correction and abatement of violations of this code shall be the responsibility of the owner. If an occupant creates, or allows to be created, hazardous conditions in violation of this code, the occupant shall be held responsible for the abatement of such hazardous conditions.
2701.1 Scope.
Prevention, control and mitigation of dangerous conditions related to storage, dispensing, use and handling of hazardous materials shall be in accordance with this chapter.
This chapter shall apply to all hazardous materials, including those materials regulated elsewhere in this code, except that when specific requirements are provided in other chapters, those specific requirements shall apply in accordance with the applicable chapter. Where a material has multiple hazards, all hazards shall be addressed.
Exceptions – don’t apply in this scenario
My interpretation – Option, the owner is welcome to reduce the storage and separations below the MAQ for unprotected or separated storage.
NFPA 1, 2009
1.1.1 The scope includes, but is not limited to, the following:
(1) Inspection of permanent and temporary buildings, processes, equipment, systems, and other fire and related life safety situations
(5) Existing occupancies and conditions, the design and construction of new buildings, remodeling of existing buildings, and additions to existing buildings
(11) Storage, use, processing, handling, and on-site transportation of flammable and combustible gases, liquids, and solids
(12) Storage, use, processing, handling, and on-site transportation of hazardous materials
1.7 Authority.
1.7.1 Administration. The provisions of this Code shall apply without restriction, unless specifically exempted.
4.5.7.1
In any building or structure, whether or not a physical alteration is needed, a change from one occupancy classification to another shall be permitted only where such a structure, building, or portion thereof conforms with the requirements of this Code that apply to new construction for the proposed new use, except as follows:
(1)Where, in the opinion of the AHJ, the proposed occupancy or change in use is not more hazardous than the existing use, based on life safety and fire risk, the AHJ shall be permitted to approve such change of occupancy provided compliance with the requirements of this Code for buildings of like occupancy or use are specifically incorporated to safeguard the life, health, and welfare of persons.
My overall interpretation – if the storage has become more hazardous or quantities exceed those for unprotected or separated thresholds of the adopted fire code; the increased hazard must be addressed. Remember; the fire code is for fire safety maintenance of structures and to protect from hazards being introduced into structures after their original occupancy approval. There are exceptions dealing with existing buildings in the codes but when hazardous materials and quantities meeting the increased risk and safety hazards within a structure are creating additional hazards; the fire code adopted is intended to address the risk or the owner or occupant can remove the risk permitted for an existing structure as applicable to this scenario.
Example – Existing combustible liquid storage warehouse originally storing amounts permitted for unprotected structures now has oxidizers mixed amongst the storage. Do you want to answer the media when asked, did you inspect this facility and allow this to happen?
