ARTICLE II. FIRE DEPARTMENT1
13-31 Powers and duties of chief engineer or designee generally.
The chief engineer, subject to the direction of the fire commissioners, shall:
(a) Have the supervision, care and control of all equipment belonging to or used for the purposes of the fire department, and, in case of fire, of all hydrants. After the use of a hydrant the chief engineer or designee shall immediately report such use to the director of the department of public works;
(b) Be responsible for the discipline, good order and proper conduct of the whole department;
(c) Report to the building inspector and other appropriate officials all violations of any ordinance or fire prevention and building safety code, establish fire districts, and regulate the construction of buildings with regard to fire protection systems; and
(d) Perform such other duties as may be required.
(Rev. Ords. 1962, § 2005; Ord. of 10-26-09(1))
Cross reference—Duties of city officers generally, § 2-4; fire chief to be notified if street closed, § 27-50.
State law reference—Similar provisions, 20 V.S.A. §§ 2671—2675.
13-32 Powers of chief engineer or designee during fires.
During the continuance of any fire or other emergency, the chief engineer or designee:
(a) Shall have absolute control of the streets adjacent thereto;
(b) May blockade such streets and forbid passage therein;
(c) May order those present to stand back to any reasonable distance;
(d) May command the assistance of any police officer or other person present at the fire in extinguishing the same or preventing its spread or in saving and securing property;
(e) Shall have power with necessary assistance to enter any building or premises for the purpose of extinguishing or checking the progress of fire or securing and protecting property;
(f) May, with the consent of the mayor or two (2) members of the board of fire commissioners, direct the destruction of any building to stay the progress of the fire; and
(g) Shall have power to cut or cause to be cut any electric, telephone, telegraph or other wire when it is necessary in order to control a fire, and to order the cutting out of any electric current which may interfere with extinguishing a fire.
(h) Take other such actions necessary to protect life and property.
(Rev. Ords. 1962, § 2003; Ord. of 10-26-09(1))
Cross reference—Unnecessary interference with streets and sidewalks prohibited, § 27-4.
State law reference—Similar provisions, 20 V.S.A. § 2673.
13-33 Appointment of deputy chief engineer.
For the purpose of making the inspections and facilitating the services required in this chapter, the chief engineer of the fire department may appoint in writing any member of the paid fire department as his deputy.
(Rev. Ords. 1962, § 2056)
13-34 Powers and duties of deputies.
The deputy chief engineers shall have and exercise the powers of a fire warden in making the inspections required in this chapter, shall exercise all the powers needed to perform the functions assigned by the chief engineer and shall report their findings to the chief engineer.
(Rev. Ords. 1962, § 2056; Ord. of 10-26-09(1))
13-35 Number of deputies.
The chief engineer shall appoint the number of deputies necessary to perform the functions of this chapter.
(Rev. Ords. 1962, § 2056; Ord. of 10-26-09(1); Ord. of 6-25-18(1))
13-36 Term of deputies.
The deputy chief engineers who have successfully completed a probationary period are employed on a continuous year-round basis.
(Rev. Ords. 1962, § 2056; Ord. of 6-25-18(1))
13-37 Revocation of appointment.
The appointment of any deputy chief engineer may be revoked at any time by the chief engineer.
(Rev. Ords. 1962, § 2056; Ord. of 6-25-18(1))
13-38 Fire wardens appointed.
The city council shall annually, on the first Monday in June, appoint one (1) or more fire wardens, who shall be subject to the order and direction of the chief engineer of the fire department. The chief engineer or any member of the paid fire department may be appointed as fire warden. The chief engineer shall appoint a sufficient number of fire wardens necessary to perform the functions of this chapter.
(Rev. Ords. 1962, § 2051; Ord. of 10-26-09(1))
13-39 Wardens to make inspections of buildings.
The chief engineer, or designee shall make a careful inspection of all buildings and premises within the city and they shall at once, on the application of any trustworthy person or at the request of the chief engineer or of the mayor, inspect any building or premises situated in either fire districts and complained of as being unsafe or hazardous, or containing unsafe or combustible material.
(Rev. Ords. 1962, § 2052; Ord. of 10-16-00; Ord. of 10-26-09(1))
Charter reference—Authority of city council to prescribe duties of fire wardens, § 48(XIV).
13-40 Wardens to be permitted entry into premises.
For the purposes of inspecting buildings, the chief engineer or any chief officer, fire marshal, assistant fire marshal, fire warden or designee may at all reasonable times have access to and enter into any and all premises and buildings in the city.
(Rev. Ords. 1962, § 2053; Ord. of 10-26-09(1); Ord. of 6-25-18(1))
13-41 Refusal to permit entry.
No person shall refuse to allow the chief engineer, or designee to enter upon or into his premises or buildings for the purposes provided in this chapter, or attempt to prevent the inspection required by this chapter, or obstruct such official in carrying out the provisions of this chapter. If required, the chief engineer, or designee when making an inspection shall show the owner or person in charge of such buildings or premises his appointment.
(Rev. Ords. 1962, § 2057; Ord. of 10-26-09(1))
13-42 Taking property of fire department prohibited.
No person shall wrongfully appropriate, use, take away, conceal, or refuse or neglect to deliver to an authorized officer of the city or the fire department any property belonging to the city and used by or required for the use of the fire department.
(Rev. Ords. 1962, § 2008)
13-43 Funds for relief of sick or disabled firefighters.
All money received by gift shall be appropriated for the relief of sick and disabled members, in good standing, of the fire department; provided such sickness or disability was caused while in the line of duty.
(Rev. Ords. 1962, § 2012; Ord. of 10-26-09(1); Ord. of 6-25-18(1))
13-44 Authority having jurisdiction defined.
For the purposes of this chapter, "authority having jurisdiction," as defined in the NFPA 1, Fire Prevention Code, shall mean and include the chief engineer, city fire marshal, assistant fire marshals, fire wardens, chief code enforcement officer or their designees.
(Ord. of 6-11-84; Ord. of 8-14-95; Ord. of 10-16-00; Ord. of 10-26-09(1); Ord. of 6-25-18(1))
13-45 Appeals.
(a) Appeals may be taken to the board of fire commissioners by any person, firm or corporation aggrieved by any decision, interpretation or order by the fire official made under the provisions of the code. A request for appeal shall be made in writing to the chief engineer within five (5) working days, excluding holidays and weekends, of receiving actual notice of the order or action complained of, setting forth the basis of the appeal. The chief engineer shall immediately forward the notice to the board of fire commissioners who shall meet within ten (10) working days of filing the notice of appeal. All hearings shall be public and all interested parties shall be given an opportunity to be heard and present evidence and arguments. A member of the commission shall not pass on any question in which that member has any financial or personal interest or which otherwise would constitute a conflict of interest.
(b) A majority of the commission must be present to constitute a quorum. The commission shall affirm, modify or reverse an action appealed by a majority vote of the members present. The vote shall be an affirmance of the decision from which the appeal is taken. The commission shall give written notice of its decision, which shall include a statement of findings of fact and all necessary orders, to all interested parties within thirty (30) days of the last date of the hearing. The fire official may take action in accordance with the decision of the commission immediately upon the sending of the written decision.
(c) Any interested person may appeal a decision of the commission by instituting relief in the Chittenden Superior Court under V.R.C.P. 74.
(Ord. of 6-11-84)
13-46 Occupant load certificate.
(a) Annual inspection. On an annual basis, the fire marshal’s office shall be required to inspect each place of assembly in the city to determine the maximum number of occupants that should be permitted at each location as determined by the capacity and egress requirements of the city building, fire protection and life safety codes. For purposes of this section, a place of assembly is defined as a room or space, including all connected rooms or space with a common means of egress, accommodating fifty (50) or more individuals for social or amusement purposes or for the consumption of food and drink. Places of assembly which are used exclusively as places of worship or education shall be inspected during the initial occupancy inspection, if there is a change of use, there is a physical change which effects the maximum permissible occupancy, or there is a change in the adopted codes which requires an inspection.
(b) Posting of certificate. When all violations have been corrected and all fees paid in full, each place of assembly shall receive a certificate from the fire marshal’s office stating the maximum number of occupants permitted at the site by the fire code. The business and/or property owner shall be responsible for installing the certificate in a conspicuous public location at the site and shall be responsible for the proper maintenance of the certificate. The occupancy load certificate shall become effective on the date of issuance and remain in effect until June 30, of the following year.
(c) Fee. An annual fee of one hundred forty-four dollars ($144.00) shall be charged to each place of assembly by the fire department for the cost of the inspection and certificate program. Occupancy load certificates issued during the billing cycle of July 1 to June 30 shall be pro-rated at a rate of twelve dollars ($12.00) per month. Physical changes within an assembly that affect the posted occupancy rating shall require a new inspection and if appropriate shall require the issuance of a new certificate. The issuance of a new certificate shall require a new pro-rated fee to be paid for the months that the new certificate will be in effect. All fees shall be due prior to issuance of each certificate. The fee shall be due on July 1, 2001, and annually on the first day of July thereafter. Places of assembly which are used exclusively as places of worship or education shall be exempt from for the occupancy load certificate fee.
(d) Temporary certificate. Provided all fees are paid and the place of assembly is making satisfactory progress toward correction of all violations, a temporary conditional certificate of occupancy may be issued for a period of up to ninety (90) days at the discretion of the fire marshal’s office. The conditions under which this temporary certificate is valid shall be printed on the certificate and visible to the occupants in a conspicuous public location at the site.
(Ord. of 2-22-93; Ord. of 10-16-00; Ord. of 10-26-09(1))
13-47 Special events/festivals.
(a) The promoter of any special event or festival shall comply with the adopted fire codes, maintain adequate fire lanes, and have the fire marshal approve the location and size of all fire lanes, booths, stages, and other structures and equipment. The Burlington fire department is charged with sole responsibility of providing fire protection and EMS coverage for such events in the city. The fire department may modify these requirements based on the promoter’s history of compliance with the requirements of the adopted fire codes and adherence to the requirements of the codes.
(b) Any special event or festival with an attendance of one thousand (1,000) persons or more shall be required to provide Burlington fire/EMS personnel specially and exclusively assigned to the event. The promoter of the event(s) shall be responsible for the cost of this additional coverage, including but not limited to personnel supplies, equipment and materials which shall be at a rate set by the chief administrative officer annually to reflect the actual cost to the city. A minimum of two (2) firefighters/EMTs shall be hired for a minimum of three (3) hours. The number of firefighters/EMTs and the time required for staffing shall be set by the fire department based on an assessment of the event and the location, weather, time, traffic impact, availability of alcohol, history of the event, or identifiable safety factors, taking into account the requirements of the adopted fire codes. The promoter shall secure a signed staffing agreement with the fire department special events coordinator not less than fourteen (14) work days prior to the event.
(Ord. of 10-26-09(1); Ord. of 3-7-16(1); Ord. of 6-25-18(1))
13-48—13-50 Reserved.
DIVISION 2. PROTECTION, PREVENTION, AND ALARM SYSTEMS; PERMITS2
13-51 Compliance with codes required.
(a) All fire protection, prevention, and alarm systems shall comply with the Vermont Fire and Building Safety Code currently in effect.
(b) In the event there is a conflict between the provisions of the codes adopted by reference in this section and the provisions of the City Code of Ordinances, the city ordinances shall prevail.
(Ord. of 2-22-93; Ord. of 10-16-00; Ord. of 6-26-06/7-26-06)
13-52 Master radio call box.
(a) For purposes of this division, "master radio call box" shall mean the master control box at each site which will initiate automatic emergency notification to the fire department on the city’s radio frequency system.
(b) The location of the master radio call box at each site shall be approved by the fire marshal or his/her designee. No person shall have access to a master box unless authorized by the fire department. The fire department shall be given at least a twenty-four (24) hour advance notice for any prescheduled drills, maintenance or testing.
(Ord. of 2-22-93; Ord. of 6-14-93; Ord. of 10-16-00; Ord. of 6-26-06/7-26-06; Ord. of 6-25-18(1))
13-53 Permission required to connect to municipal system.
No person shall install or connect any alarm system to the municipal fire alarm system without first obtaining final approval from the chief engineer of the fire department, the fire marshal or his/her designee.
(Ord. of 2-22-93; Ord. of 10-16-00; Ord. of 6-25-18(1))
13-54 Installation and maintenance.
The cost of any connection to the municipal fire alarm system, as well as all other costs due to the installation of any master radio call box, shall be borne by the party installing the system. All installation and maintenance work on a master radio call box and/or alarm system shall be performed by State-licensed fire alarm installers and shall be subject to the approval of the fire marshal. An initial connection fee of six hundred fifty dollars ($650.00) shall be paid to the city by the owner of the property upon which the master radio call box or alarm system is installed for the computer programming and signal strength testing by the city’s alarm technician which is required to connect the master radio call box (MRCB) to the Burlington Emergency Communication Center (BECC). A reprogramming fee of two hundred dollars ($200.00) shall be paid by the owner for any modification to an existing MRCB that requires reprogramming and testing by the city’s alarm technician. Any additional work required on the MRCB system other than those specified in the MRCB Installation and Programming Protocols guide provided by the department shall be subject to a charge of one hundred twenty-five dollars ($125.00) per hour of the city’s alarm technician’s time. It shall be the property owner’s responsibility to maintain the master radio call box on his premises in working condition and good repair at all times.
(Ord. of 2-22-93; Ord. of 10-16-00; Ord. of 3-10-08; Ord. of 4-26-10; Ord. of 6-25-18(1))
13-55 Fire alarm system malfunction.
(a) Defined. For the purposes of this division, a malfunction is defined as the failure of a fire alarm system to operate in the normal or usual manner due to improper installation or maintenance and/or mechanical defect(s) in the system, resulting in the transmittal of an alarm signal to the Burlington Fire Department.
(b) Response fee. A response charge of five hundred dollars ($500.00) shall be imposed for an false alarm due to a system malfunction. Failure to pay the fee shall be a civil offense punishable pursuant to section 13-20(a).
(Ord. of 2-22-93; Ord. of 10-26-09(1))
13-56 Damage to fire protection systems, fire department connections, or hydrants.
No person shall destroy, deface or in any way damage any fire protection systems, fire department connections or hydrants.
(Ord. of 2-22-93; Ord. of 1-9-95; Ord. of 10-26-09(1))
13-57 Intentional false alarms.
Any intentional misuse of a fire alarm box that results in a false fire alarm from that property to the city fire alarm system shall be a violation of this division and will result in criminal prosecution of the person(s) committing the offense or aiding or abetting in the offense. In addition, the property owner may be held responsible for the costs to the city from the response to such alarm and/or for a penalty of one hundred dollars ($100.00). No person shall intentionally cause a false alarm or aid and abet the same. Any intentional misuse of a fire alarm box that results in a false fire alarm from a that property to the city fire alarm system shall be a violation of this division.
(Ord. of 2-22-93; Ord. of 10-26-09(1))
13-58 Annual fee.
An annual fee shall be charged to the property owner in the amount of six hundred fifty dollars ($650.00) for each master box connected to the municipal fire alarm system. This charge will be assessed and collected annually, due in pro rata amount upon the effective date of this division and the first day of July thereafter. An administrative charge and/or interest shall be assessed for payments not received within thirty (30) days of the invoice from the department. Service calls by the fire marshal during normal working hours shall be included in this charge. Failure to pay the annual fees in the time required is a violation punishable under Section 13-20(a).
(Ord. of 2-22-93; Ord. of 10-16-00; Ord. of 6-25-01; Ord. of 10-26-09(1); Ord. of 4-26-10; Ord. of 6-25-18(1))
13-59 Plans, permits and fees.
(a) Submission. Plans for fire prevention, protection, and alarm systems shall be submitted to the fire marshal for approval prior to any work being done. The fire marshal shall have up to thirty (30) business days to review plans, make inspections, and issue a permit for the system, which may upon notification to the applicant be extended. Plans may be approved, rejected or be required to be amended. No plan shall be approved or permit issued unless all fees have been paid and satisfied. Plans shall be submitted in either paper or electronic formats (PDF).
(b) Required information. Fire prevention, protection, and alarm system plans shall include the floor plan with device locations, the wiring riser diagram, battery load calculations, the complete equipment list and specifications, the type of occupancy, hazards, or unusual building features, and any other information required by the Vermont Fire and Building Safety Code as currently adopted by the State of Vermont.
(c) Fees. The fire marshal shall receive the following fees for plan review and inspections:
(1) Specialty suppression systems. Fees for plan review, rough-in inspection, and the final inspection shall be eleven dollars ($11.00) per one thousand dollars ($1,000.00) of the final contracted costs for systems containing proprietary blended inert gasses arranged in single or manifold pressurized cylinders, delivered through piping, and exhausted under pressure from a distribution appliance. Additional permitting, review and inspection fees may be applicable. The fee for the review of an amendment to a plan shall be fifty dollars ($50.00) per amendment submission plus three (3) percent of the increase in the net cost of the final contracted cost of the system. The minimum fee for work values less than or equal to one thousand dollars ($1,000.00) is eleven dollars ($11.00).
(2) Hood suppression systems. Fees for plan review, rough-in inspection, and the final inspection shall be forty dollars ($40.00) per one thousand dollars ($1,000.00) of the final contracted costs for hood suppression systems containing a proprietary blend of dry chemicals or wet agent arranged in single or manifold pressurized cylinders, delivered through piping and exhausted under pressure from a distribution appliance. Additional permitting, review and inspection fees may be applicable. The fee for the review of an amendment to a plan shall be fifty dollars ($50.00) per amendment submission plus three (3) percent of the increase in the net cost of the final contracted cost of the system. The minimum fee for work values less than or equal to one thousand dollars ($1,000.00) is forty dollars ($40.00).
(3) Fire sprinkler systems. Fees for plan review, rough-in inspection, and the final inspection shall be eighteen dollars ($18.00) per one thousand dollars ($1,000.00) of the final contracted costs for sprinkler, standpipe, and fire pump systems as those systems are defined in NFPA 13, NFPA 14 and NFPA 20. Additional permitting, review and inspection fees may be applicable. The fee for the review of an amendment to a plan shall be fifty dollars ($50.00) per amendment submission plus three (3) percent of the increase in the net cost of the final contracted cost of the system. The minimum fee for work values less than or equal to one thousand dollars ($1,000.00) is eighteen dollars ($18.00).
Residential sprinkler systems (NFPA 13R), installed in residential properties of less than five (5) units, with the exception of an expedited permit, shall have the fee waived.
(4) Fire alarm systems. Fees for permit review, rough-in inspection, and the final inspection shall be thirty-one dollars ($31.00) per one thousand dollars ($1,000.00) of the final contracted costs for fire alarm systems, as they are defined in NFPA 72. Additional permitting, review and inspection fees may be applicable. Wireless smoke alarms installed in residential properties of less than eleven (11) units, with an associated control/monitoring/reset panel, shall be considered a fire alarm system. The fee for the review of an amendment to a plan shall be fifty dollars ($50.00) per amendment submission plus three (3) percent of the increase in the net cost of the final contracted cost of the system. The minimum fee for work values less than or equal to one thousand dollars ($1,000.00) is thirty-one dollars ($31.00).
(5) Standpipe systems. Fees for plan review, rough-in inspection, and the final inspection shall be eighteen dollars ($18.00) per one thousand dollars ($1,000.00) of the final contracted costs for standpipe systems as those systems are defined in NFPA 13, NFPA 14 and NFPA 20. Additional permitting, review and inspection fees may be applicable. The fee for the review of an amendment to a plan shall be fifty dollars ($50.00) per amendment submission plus three (3) percent of the increase in the net cost of the final contracted cost of the system. The minimum fee for work values less than or equal to one thousand dollars ($1,000.00) is eighteen dollars ($18.00).
(6) Fire pump systems. Fees for plan review, rough-in inspection, and the final inspection shall be seven dollars ($7.00) per one thousand dollars ($1,000.00) of the final contracted costs for sprinkler, standpipe, and fire pump systems as those systems are defined in NFPA 13, NFPA 14 and NFPA 20. Additional permitting, review and inspection fees may be applicable. The fee for the review of an amendment to a plan shall be fifty dollars ($50.00) per amendment submission plus three (3) percent of the increase in the net cost of the final contracted cost of the system. The minimum fee for work values less than or equal to one thousand dollars ($1,000.00) is seven dollars ($7.00).
(7) Reinspection fees. A fee for the witnessing of a retest of any fire protection, prevention, or alarm system or the reinspection of a system or any part thereof beyond the rough-in inspection and the final inspection shall be charged at a rate of seventy-five dollars ($75.00) per hour per inspector. This fee is payable by installing contractor prior to any retest.
(8) Expedited process fees. Plans for systems with contracted costs valued at less than twenty thousand dollars ($20,000.00) may be reviewed and approved on an expedited process within ten (10) business days for a special fee of one hundred fifty dollars ($150.00) per hour paid in addition to all the applicable permitting fees.
(9) Phased-in installation inspection fees. An additional fee of twelve (12) percent of the system permit fee shall be charged and paid when a permittee requests to phase in a system and inspections are required and conducted for each phase.
(10) City-owned properties. No fee shall be required for the portion of the estimated cost of any work and construction that is to be owned by a department of the City of Burlington whose primary source of revenue is the general fund.
(Ord. of 2-22-93; Ord. of 10-16-00; Ord. of 6-26-06/7-26-06; Ord. of 10-26-09(1); Ord. of 6-25-18(1))
13-60 Knox Boxes and standard keys.
(a) All buildings having a fire alarm system and/or fire sprinkler systems shall be required to install rapid access key boxes or a so-called Knox Box. Existing buildings not currently in compliance shall comply with this requirement within one (1) year of the effective date of this division.
(b) The building owner shall be required to install in the key box all master keys to offices, electrical rooms, elevator equipment and all keys needed to reset fire alarm system.
(c) If requested by the department, building owners shall be required to supply additional sets of keys as needed by the fire department to allow more than one (1) team of firefighters to have access to areas of the building.
(d) If requested by the fire department, more than one (1) Knox Box may be required to facilitate multiple points of entry in large facilities.
(e) All new fire alarm control panels shall be keyed with a standard Cat 30 key. Where a Cat 30 key is not practical, such as in an annunciator panel, an A135 key shall be used in its place.
(f) Existing fire alarm control panel and remote annunciator access keys shall be converted to this standard within one (1) year of November 25, 2009, during the required annual test and inspection by a third party on the owner’s behest.
(Ord. of 2-22-93; Ord. of 10-16-00; Ord. of 10-26-09(1); Ord. of 6-25-18(1))
13-61 Elevators.
The following standards shall be met on all elevators installed or permitted after the effective date of the ordinance codified in this section:
(a) Dimension. All new elevator installations shall comply with the applicable elevator code adopted by the State of Vermont. Notwithstanding the applicable code adopted by the State, elevators shall have minimum interior finished dimensions of eight (8) feet by four (4) feet and have an unrestricted door opening of not less than four (4) feet.
(b) In new and existing elevator banks, the stretcher compliant elevator(s) shall be marked by a three (3) inch retro-reflective star of life on the latch side of the elevator lobby door frame.
(c) Elevator standards keys. All new and existing elevator firefighter access/override keys shall be to the State standard elevator bypass key. Existing elevators shall be converted to this standard within one (1) year of the effective date of the ordinance codified in this section.
(Ord. of 10-26-09(1); Ord. of 6-25-18(1))
13-62 Tent permits and fees.
(a) Permits. A tent permit shall be required for any tent two hundred (200) square feet or larger erected on public property or in the public way. Any tent one thousand two hundred (1,200) square feet or larger, regardless of location, shall require a tent permit. Permittees shall comply with the requirements of Chapter 25 of NFPA 1, Fire Prevention Code, currently adopted by the State of Vermont.
(b) Fees. A permit fee of fifty dollars ($50.00) shall be assessed for a tent between two hundred (200) square feet and under one thousand two hundred (1,200) square feet; a permit fee of one hundred sixty-five dollars ($165.00) shall be assessed for a tent one thousand two hundred (1,200) square feet or larger. Notwithstanding the above fees, the lesser of the above fees or two hundred twenty dollars ($220.00) shall be assessed if one (1) of the following criteria is met:
(1) Tents requiring a permit are being erected in connection with an event that is held in the city at least on a biennial basis; or
(2) The executive director or other individual in charge of managing the event in which tents requiring a permit are to be erected has produced three (3) large occupancy events in the City of Burlington within the previous two (2) years. A large occupancy event is one that either (a) involves two hundred fifty (250) people or more and is either in an enclosed space or has fixed seating and alcohol is served or (b) involves five hundred (500) people or more and is either in an enclosed space or has fixed seating and alcohol is not served.
(Ord. of 6-26-06; Ord. of 5-7-07; Ord. of 6-25-18(1))
DIVISION 3. RADIO COVERAGE IN BUILDINGS AND STRUCTURES
13-63 Generally.
(a) Except as otherwise provided, no person or organization shall maintain, own, erect or construct any building or structure which is used for commercial, multifamily, or institutional use or any part thereof or cause the same to be done which fails to support adequate radio coverage to the fire department.
(b) For purposes of this section, adequate radio coverage shall include all of the following: A. A minimum signal strength of -101 dBm available in ninety-five (95) percent of the area of each floor of the building when transmitted from the public safety radio communications system; and B. A minimum signal strength of -101 dBm received at the public safety radio communications system when transmitted from ninety-five (95) percent of the area of each floor of the building, via portable radio with public safety microphone.
(c) Channel performance criterion (CPC). CPC is the minimum performance level in a faded channel, per TSB-88, clause 4.2. TSB-88 is a "Telecommunications Systems Bulletin" published by the TIA, Telecommunications Industry Association. The performance level is rated using "Delivered Audio Quality." Industry standard DAQ definitions are shown in Table 1. 2. DAQ level of 3 is the minimum performance level which shall be attainable by public safety radio systems in ninety-five (95) percent of the area of each floor of a building subject to this chapter.
|
DAQ Delivered Audio Quality |
Subjective Performance Description |
|---|---|
|
1 |
Unusable, speech present but unreadable. |
|
2 |
Understandable with considerable effort. Frequent repetition due to noise/distortion. |
|
3 |
Speech understandable with slight effort. Occasional repetition required due to noise/distortion. |
|
3.5 |
Speech understandable with repetition only rarely required. Some noise/distortion. |
|
4 |
Speech easily understood. Occasional noise/distortion. |
|
4.5 |
Speech easily understood. Infrequent noise/distortion |
|
5 |
Speech clearly understood. |
(d) The frequency range which must be supported shall be 460.62 MHz from the trunked system communications base stations, and the public safety radio communications base stations.
(e) The fire department may alter necessary frequencies or signal strengths due to changes in technical specification for public safety radio requirements. In such event, any frequency changes shall be reported to the city council and approved as amendments to this chapter as soon as is practicable.
(Ord. of 10-26-09(1))
13-64 Testing.
(a) Initial tests. Officials of the fire department or their designees shall perform initial tests. A certificate of occupancy shall not be issued to any new structure if the building fails to comply with this section.
(b) Annual tests. Fire department personnel or their designees shall thereafter conduct annual tests.
(Ord. of 10-26-09(1))
13-65 Amplification systems allowed.
(a) Buildings and structures which cannot independently support the required level of radio coverage shall be equipped with a two (2) way radio enhancement system as required by the adopted edition of NFPA 1, "Fire Code," and compliant with the corresponding edition of NFPA 1221, "Standard for the Installation, Maintenance, and Use of Emergency Services Communications Systems." If any part of the installed system or systems contains an electrically powered component, the system shall be capable of operating on an independent battery and/or generator system for a period of at least twelve (12) hours without external power input. Any battery system employed shall automatically recharge in the presence of an external power input.
(b) The installation of equipment as indicated above cannot be detrimental to the operation of the public safety radio system.
(c) In the event that a signal booster is employed it shall be fully encased within a dust and water resistant case.
(Ord. of 10-26-09(1); Ord. of 6-25-18(1))
13-66 Field testing.
The fire department, after providing reasonable notice to the owner or his representative, shall have the right to enter onto the property to conduct field testing to be certain the required level of radio coverage is present.
(Ord. of 10-26-09(1))
13-67 Exemptions.
(a) Single-family and two-family dwellings. This division shall not apply to single-family and two-family dwellings not put to commercial or institutional use. For purposes of this chapter, basements, parking structures and stairwells are included in the definition of "all parts of a building" but elevators may be excluded.
(b) Hardship. The owner of any building in existence prior to the effective date of the ordinance codified in this chapter, if confronted with a financial hardship which makes it impractical or impossible to bring the facility into compliance, may apply to the fire commission for an exemption to this chapter. Such application shall be in writing and shall be accompanied by whatever documentary evidence is necessary to prove the hardship. Any financial information regarding operation of the facility which is submitted in support of such hardship exemption shall be maintained as confidential upon submission to the city, to the fullest extent allowed by law.
(Ord. of 10-26-09(1))
13-68 Enforcement.
(a) Violation of this chapter shall be subject to the general penalty provisions of this Code.
(b) In addition to penalties, the city attorney shall be authorized to seek injunctive relief as appropriate to bring buildings into compliance with this provision.
(c) Owners of record of buildings in existence on or before the effective date of the ordinance from which this division is derived, and/or owners of record of structures for which building permits have been issued at such time, shall be notified of any deficiency found through testing conducted pursuant to this division and ordered to correct the deficiency. Such notice shall be made in writing and be personally served or delivered via certified mail. The order shall allow no longer than three (3) years from the notification date to install an approved system which meets the requirements of this division.
(Ord. of 10-26-09(1))
13-69—13-73 Reserved.
Charter reference—Authority of city council to establish fire department, § 48(XII); authority to appoint board of fire commissioners, § 120; composition and authority to establish rules and regulations, §§ 196, 197; fire department generally, § 198 et seq., power of fire commission, § 201.
Editor’s note—An ordinance enacted June 26, 2006, effective July 26, 2006, amended the title of Div. 2 to read as herein set out. Further, an ordinance enacted Feb. 22, 1993, amended the provisions of Ch. 13, Art. II, Div. 2 in their entirety to read as herein set out. Prior to this amendment, Div. 2 contained provisions pertaining to similar subject matter and deriving from Rev. Ords. 1962, § 2007, and ordinances enacted Jan. 13, 1972; Sept. 27, 1982; and July 29, 1985.
Charter reference—Authority of city council to regulate a fire alarm system, § 48(XII).