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Eugene A. Cable, P.E.Eugene A. Cable, P.E.

Life Safety, Life Safety, Fire Protection Engineering, Fire Protection Engineering, and JCAHO Consultantsand JCAHO Consultants

412 Horse Heaven Road412 Horse Heaven Road

Averill Park, New York 12018Averill Park, New York 12018

(518) 794-7237(518) 794-7237

Eugene.Cable@Fairpoint.NetEugene.Cable@Fairpoint.Net

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The Authority Having Jurisdiction The Authority Having Jurisdiction and Unreasonable Findingsand Unreasonable Findings

The Code is only as good as the AHJThe Code is only as good as the AHJ

When does an AHJ decision become When does an AHJ decision become unreasonable unreasonable

How to help him or her be reasonableHow to help him or her be reasonable

What are the available options to attempt What are the available options to attempt correction; to dispute/appeal a decisioncorrection; to dispute/appeal a decision

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The Code is only as good as the AHJ

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If An AHJ Says:If An AHJ Says:

I Want these doors changed I Want these doors changed

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If An AHJ Says:If An AHJ Says:

I Want these doors changedI Want these doors changed

I think the Code requires ¾ hour fire doors here, I think the Code requires ¾ hour fire doors here, and this much wire glass would not passand this much wire glass would not pass

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If An AHJ Says:If An AHJ Says:

I Want these doors changedI Want these doors changed

I think the Code requires ¾ hour fire doors here, I think the Code requires ¾ hour fire doors here, and this much wire glass would not passand this much wire glass would not pass

This should be a 1-hour corridor as is true for all This should be a 1-hour corridor as is true for all corridors in a hospital, these doors must be at least corridors in a hospital, these doors must be at least 20 minute rated and self-closing. 20 minute rated and self-closing.

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If An AHJ Says:If An AHJ Says:

I Want these doors changedI Want these doors changed

I think the Code requires ¾ hour fire doors here, I think the Code requires ¾ hour fire doors here, and this much wire glass would not passand this much wire glass would not pass

This should be a 1-hour corridor as is true for all This should be a 1-hour corridor as is true for all corridors in a hospital, these doors must be at least corridors in a hospital, these doors must be at least 20 minute rated and self-closing. 20 minute rated and self-closing.

““I’m the authority . . And I get what I want” I’m the authority . . And I get what I want”

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“ “The AHJ Can do whatever they want”The AHJ Can do whatever they want”

“ “ I don’t want to hold up our Occupancy Permit”I don’t want to hold up our Occupancy Permit”

“ “ For $10,000 we will reverse the doors and keep For $10,000 we will reverse the doors and keep the project moving”the project moving”

“ “ The Fire Marshal says put one in here and two The Fire Marshal says put one in here and two over here” over here”

“ “ He wouldn’t approve it unless we . . He’s a real He wouldn’t approve it unless we . . He’s a real ___ ”___ ”

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Definition : AHJDefinition : AHJ

NFPA 101 (2009): Section 3.2.2* “An NFPA 101 (2009): Section 3.2.2* “An organization, office, or individual responsible for organization, office, or individual responsible for enforcing the requirements of a code or standard, enforcing the requirements of a code or standard, or for approving equipment, materials, an or for approving equipment, materials, an installation, or a procedure” installation, or a procedure”

(Annex page 316) “statutory authority” (Annex page 316) “statutory authority” “insurance purposes” “property owners” “insurance purposes” “property owners” “commanding officer” “ departmental official” “commanding officer” “ departmental official”

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Definition : AHJDefinition : AHJ

IBC Section 202: Building Official. The officer or IBC Section 202: Building Official. The officer or other designated authority charged with the other designated authority charged with the administration and enforcement of this code, or a administration and enforcement of this code, or a duly authorized representative.duly authorized representative.

Building Official. The officer or other

designated authority charged with the administration

and enforcement of 780 CMR, or a duly authorized

representative.

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AHJs and level of authorityAHJs and level of authority

Authority by Law - legislation– Authority by Law - legislation– statutorystatutory::Building Inspector – new construction Building Inspector – new construction

State Fire Marshal - existing featuresState Fire Marshal - existing features

City Fire Marshal - existing featuresCity Fire Marshal - existing features

Dept of Health - new and existingDept of Health - new and existing

OSHA – new and existingOSHA – new and existing

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AHJs and level of authorityAHJs and level of authority

Authority by Ownership – the bossAuthority by Ownership – the bossProperty owners Property owners

Organizational Executive – Safety Officer Organizational Executive – Safety Officer

Governmental department Governmental department

Commanding OfficerCommanding Officer

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AHJs and level of authorityAHJs and level of authority

Authority voluntarily granted by your Authority voluntarily granted by your organizationorganization

CMS – for Federal dollarsCMS – for Federal dollars

TJC – for accreditation TJC – for accreditation

Insurance Services – better premiums Insurance Services – better premiums

Consultants Consultants

ITM contractors ITM contractors

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ASHE Conference JulyASHE Conference JulyGary Slack Gary Slack

Why are Codes and Standards so often: ● Misunderstood? ● Mis-interpreted? ● Mis-applied?

“Because, the developers of the codes and standards are generally not the code enforcers!”

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The Code is only as good as the AHJThe Code is only as good as the AHJ

Code is weak in some areas / wording is confusing Code is weak in some areas / wording is confusing or issue not adequately addressedor issue not adequately addressed

Example: NFPA 101 (2000) Section 19.2.4.3, Example: NFPA 101 (2000) Section 19.2.4.3, “Egress shall be permitted through an adjacent “Egress shall be permitted through an adjacent compartment (s), but shall not require return compartment (s), but shall not require return through the compartment of fire origin.”through the compartment of fire origin.”

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The Code is only as good as the AHJThe Code is only as good as the AHJ

Code is weak in some areas / wording is confusing Code is weak in some areas / wording is confusing or issue not adequately addressedor issue not adequately addressed

Code language is sometimes purposely vague to Code language is sometimes purposely vague to allow the local AHJ to make the decision – based allow the local AHJ to make the decision – based on local conditionson local conditions

NFPA 101 (2009) SectionNFPA 101 (2009) Section 10.2.5.3.1, 10.2.5.3.1, Bulletin Bulletin boards, posters, and paper attached directly to boards, posters, and paper attached directly to the wall shall not exceed 20 percent of the the wall shall not exceed 20 percent of the aggregate wall area to which they are applied.” aggregate wall area to which they are applied.”

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The Code is only as good as the AHJThe Code is only as good as the AHJ

Code is weak in some areas / wording is confusing Code is weak in some areas / wording is confusing or issue not adequately addressedor issue not adequately addressed

Code language is sometimes purposely vague to Code language is sometimes purposely vague to allow or require that the local AHJ make the allow or require that the local AHJ make the decision – based on local conditionsdecision – based on local conditions

The AHJ takes on a large responsibility to The AHJ takes on a large responsibility to interpret and judge code compliance for the interpret and judge code compliance for the good of society - and they deserve our respect.good of society - and they deserve our respect.

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• When does an AHJ decision become unreasonable?

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When Does an AHJ Decision become When Does an AHJ Decision become

unreasonable?unreasonable? When a decision negates Code requirementsWhen a decision negates Code requirements

Take sprinklers out of electrical roomsTake sprinklers out of electrical rooms

Disconnect fire alarm system from monitoring Disconnect fire alarm system from monitoring stationstation

Order that smoke detector “confirmation feature” Order that smoke detector “confirmation feature” be activated for all smoke detectorsbe activated for all smoke detectors

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CHARLTON HOSPITAL CHARLTON HOSPITAL Fall River, Massachusetts 02720Fall River, Massachusetts 02720

Tony Pacheco, Bob CrepeauTony Pacheco, Bob Crepeau

City Fire Marshal orders computer room FM 200 City Fire Marshal orders computer room FM 200 extinguishing system manual pull station discharge out of extinguishing system manual pull station discharge out of room and to add a 15 second delay to manual discharge. room and to add a 15 second delay to manual discharge. (Yellow flag)(Yellow flag)

Negates Code (NFPA 2001 clean agent) , but reasonable? Negates Code (NFPA 2001 clean agent) , but reasonable?

““I’m the authority . . And I get what I want” (I’m the authority . . And I get what I want” (Red flag)Red flag)

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NFPA 2001 (2008)NFPA 2001 (2008) 4.3.3.6 The normal manual control(s) for actuation shall 4.3.3.6 The normal manual control(s) for actuation shall

be located for be located for easy accessibilityeasy accessibility at all times, including at at all times, including at the time of a fire. The manual control(s) shall be of the time of a fire. The manual control(s) shall be of distinct appearance and clearly recognizable for the distinct appearance and clearly recognizable for the purpose intended. Operation of any control shall cause the purpose intended. Operation of any control shall cause the complete system to operate in its normal fashion.complete system to operate in its normal fashion.

4.3.5.6.1 For clean agent extinguishing systems, a pre-4.3.5.6.1 For clean agent extinguishing systems, a pre-discharge alarm and time delay, discharge alarm and time delay, sufficient to allow sufficient to allow personnel evacuation prior to dischargepersonnel evacuation prior to discharge, shall be provided. , shall be provided. For hazard areas subject to fast growth fires, where the For hazard areas subject to fast growth fires, where the provision of a time delay would seriously increase the provision of a time delay would seriously increase the threat to life and property, a time delay shall be permitted threat to life and property, a time delay shall be permitted to be eliminated.to be eliminated.

Barry Chase, NFPABarry Chase, NFPA

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When does an AHJ decision become When does an AHJ decision become unreasonable?unreasonable?

When a decision isWhen a decision is beyond codebeyond code requirements requirements and it isand it is costlycostly in terms of installation and in terms of installation and down-the-road maintenancedown-the-road maintenance

Additional smoke detectorsAdditional smoke detectors

Add automatic wet standpipes/manual standpipe Add automatic wet standpipes/manual standpipe

Add a Fire pumpAdd a Fire pump

Wants 2-hour fire barrier rather than 1-hourWants 2-hour fire barrier rather than 1-hour

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Costly?Costly?

Good engineering is solving a problem at Good engineering is solving a problem at the least cost. the least cost.

Additional cost with no gain is bad Additional cost with no gain is bad engineering engineering

Cost impact on other hospitals/ facility Cost impact on other hospitals/ facility managers? managers?

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Fire Marshal requires fire watch, Fire Marshal requires fire watch, beyond code: Reasonable? beyond code: Reasonable?

Eric Ellis, Eric Ellis,

Fire watch during non-occupied night hours, for Fire watch during non-occupied night hours, for one month, every two hours.one month, every two hours.

Impact for other Maine Facilities? Impact for other Maine Facilities?

Beyond Code but reasonable? LSC and TJC do Beyond Code but reasonable? LSC and TJC do NOT require a fire watch when building is NOT require a fire watch when building is vacated vacated

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Local Fire Marshal requires sprinkler Local Fire Marshal requires sprinkler system system

beyond code: Reasonable?beyond code: Reasonable?

Dartmouth Hitchcock Medical Center, Dartmouth Hitchcock Medical Center,

Lebanon, NH Lebanon, NH

New Parking structure, 5 stories, open airNew Parking structure, 5 stories, open air

From the local Fire Marshal’s perspective “ a From the local Fire Marshal’s perspective “ a potential car fire warranted a sprinkler system” potential car fire warranted a sprinkler system” (Y)(Y)

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Local Fire Marshal requires sprinkler system: Local Fire Marshal requires sprinkler system:

Reasonable?Reasonable?

NFPA 101 – noNFPA 101 – no NFPA 88 - noNFPA 88 - no IBC - noIBC - no

Beyond Code but reasonable? LSC, TJC, Beyond Code but reasonable? LSC, TJC, and NFPA Codes do NOT require a and NFPA Codes do NOT require a sprinkler system in open parking sprinkler system in open parking structuresstructures

Cost? Impact on other facilities?Cost? Impact on other facilities?

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• How to help him or her be reasonable

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How to help him or her be How to help him or her be reasonablereasonable

Request information, Request information, Be attentive to hear the AHJ’s perspectiveBe attentive to hear the AHJ’s perspective“ “ Help me to understand”Help me to understand”

“ “ Educate me” Educate me” Request Code referencesRequest Code references

Offer any official interpretations you are aware ofOffer any official interpretations you are aware of Better to do this when the issue comes up, Better to do this when the issue comes up, Should only offer documentation from an Should only offer documentation from an

AHJ, HITF, EC News. AHJ, HITF, EC News.

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How to help him or her be reasonableHow to help him or her be reasonable

Postpone action/decisions to give both sides Postpone action/decisions to give both sides time to think through the situation.time to think through the situation.

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• What are the available options to attempt correction; to dispute/appeal a decision

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Options to attempt correction:Options to attempt correction:

11st,st, Help him or her to be reasonable Help him or her to be reasonable 22ndnd, Postpone and revisit the issue, Postpone and revisit the issue 33rdrd, ask the AHJ for the appeal procedures , ask the AHJ for the appeal procedures

and to whom, first level request for reviewand to whom, first level request for review 44thth, Follow appeal procedures, Follow appeal procedures

The AHJ is professional and should not mind the appeal The AHJ is professional and should not mind the appeal (On few appeals to VACO 25% time I was wrong) (On few appeals to VACO 25% time I was wrong)

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Options to attempt correction:Options to attempt correction:

Depends on the AHJ and their authority:Depends on the AHJ and their authority:

Building codes – definite appeal procedure to the Building codes – definite appeal procedure to the Board of AppealsBoard of Appeals

Fire Dept – Fire Chief, then board of appeals, Fire Dept – Fire Chief, then board of appeals, maybe City Manager/City Council maybe City Manager/City Council

TJC – call to George Mills, Clarification processTJC – call to George Mills, Clarification process

CMS- State CMS office, Wash DC Jim MerrillCMS- State CMS office, Wash DC Jim Merrill

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DFCI Successful appeal -2006DFCI Successful appeal -2006

Fire alarm system replacement - Simplex Fire alarm system replacement - Simplex

MASS Code for high-rise REQUIRED MASS Code for high-rise REQUIRED evacuation automatic voice floor of, floor evacuation automatic voice floor of, floor above and floor below – no exceptionsabove and floor below – no exceptions

1. DFCI asked BFD to approve automatic 1. DFCI asked BFD to approve automatic voice announcement to match the fire plan, voice announcement to match the fire plan, rather than the evacuation announcement. rather than the evacuation announcement.

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DFCI Successful appeal -2006DFCI Successful appeal -2006

2. BFD, Paul Donga, FPE plan reviewer, agreed 2. BFD, Paul Donga, FPE plan reviewer, agreed and encouraged the design approach but denied and encouraged the design approach but denied the request and referred DFCI to City Code the request and referred DFCI to City Code enforcement (Bldg Dept) enforcement (Bldg Dept)

3. The Bldg Dept (Mark Anderson) required a 3. The Bldg Dept (Mark Anderson) required a special permit to request the variance. $$$ DFCI special permit to request the variance. $$$ DFCI submitted the Permit request for a waiver to submitted the Permit request for a waiver to MASS Code fire alarm notification, the Boston MASS Code fire alarm notification, the Boston BLDG dept denied the request referred DFCI to BLDG dept denied the request referred DFCI to State Board of Appeals. State Board of Appeals.

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DFCI Successful appeal -2006DFCI Successful appeal -2006

4. 4. Appeals Board Hearing requested, 3 member board Appeals Board Hearing requested, 3 member board heard DFCI’s appeal, andheard DFCI’s appeal, and

5. A Variance was granted allowing DFCI a fire alarm 5. A Variance was granted allowing DFCI a fire alarm system for “defend in place” private mode and voice system for “defend in place” private mode and voice announcements both automatic and by operator if needed. announcements both automatic and by operator if needed.

Ed Lewicki, DFCI, “ Get the variance and design the fire Ed Lewicki, DFCI, “ Get the variance and design the fire alarm system to match patient care needs, you don’t have alarm system to match patient care needs, you don’t have to live with a canned fire alarm system that confuses to live with a canned fire alarm system that confuses everyone and conflicts with your fire plan. everyone and conflicts with your fire plan.

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IBC/ MASS Building CodeIBC/ MASS Building Code

77thth Edition - 2009 Edition - 2009 780 CMR 122.0 BOARD OF APPEALS122.1 State Building Code Appeals Board.Except for actions taken pursuant to 780 CMR121.0, whoever is aggrieved by an interpretation,order, requirement, direction or failure to act under780 CMR . . . .may appeal directly to the StateBuilding Code Appeals Board or may appeal first toa local or regional building code appeals board and ifaggrieved thereby he may then appeal to the StateBuilding Code Appeals Board as provided in780 CMR 122.0

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IBC, MASS Code 7th Edition Exception.

In Group I-1 and I-2 occupancies, the alarm

shall sound in a constantly attended area and

a general occupant notification shall be

broadcast over the overhead page.

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ConclusionConclusion

Only you are “holding” the AHJ Only you are “holding” the AHJ accountable, no one else is watchingaccountable, no one else is watching

Listen, ask to be educated, and use the code Listen, ask to be educated, and use the code to encourage the AHJ to be reasonable to encourage the AHJ to be reasonable

Lastly, know you always have an appeal Lastly, know you always have an appeal process available, you might need it to process available, you might need it to practice good engineering. practice good engineering.