4601.1 Scope. The provisions of this chapter shall apply to all existing buildings lawfully constructed prior to the adoption of this code. The provisions are applicable at any time a building is found to be non-compliant, whether work is being performed or not.
Exceptions: 1. Group I, Division 3 Occupancies need only comply with Sections 4603.2, 4603.5, 4603.6.4, 4604, 4607 and 4609.
2. For retroactive Interior Wall and Ceiling Finish and Trim requirements, see Section 803 of the Fire Code.
3. For retroactive Emergency Responder Radio Coverage, see Section 510.
4601.1.1 Compliance with Former Provisions. Buildings or structures that complied with the former provisions for Existing Structures, Building Code, Chapter 34, Division II, III and IV, in effect prior to the adoption of this code, or received a variance under those provisions, will not be required to comply with the similar provisions listed in this Chapter.
Exceptions: 1. All existing Group R occupancies and dwellings not classified as Group R occupancies shall comply with the single- and multiple-station smoke alarms as provided in Section 4603.7.
2. Regardless of the date of construction or annexation, all buildings, structures and uses shall comply with the following:
- Section 4606, Emergency Preparation - Section 4607, Certificate of Occupancy - Section 4608, Swimming Pool Barriers
- Section 4609, Minimum Building Standards Code.
4601.1.2 Additions, Alterations and Repairs. When a building is undergoing additions, alterations or repairs, such work shall be in accordance with the applicable code(s) for new construction, except as permitted by those codes. (See Sections 3403, 3404 or 3405 of the Building Code.) The provisions of this Chapter are
the portion of the building not undergoing work.
4601.1.3 Change of Occupancy. Buildings undergoing a Change of Occupancy (or Use), shall comply with the applicable code as required for new construction, or as specified in each applicable code. (See Building Code Section 3408) The provisions of this Chapter may not be used to claim compliance for a Change of Occupancy (or Use).
4601.2 Intent. The intent of this chapter is to provide a minimum degree of fire and life safety to persons occupying existing buildings by providing minimum construction requirements when for alterations to such buildings that do not comply with the
minimum requirements of the International Building Code.
The provisions of this chapter shall not be construed to allow the elimination of fire protection systems or a reduction in the level of fire safety provided in buildings constructed in accordance with previously adopted codes.
4601.3 Permits. Permits shall be required as set forth in Sections 105.6 and 105.7 of the Fire Code and other applicable codes the International Building Code and this code.
4601.4 Owner notification. Where a building is found to be in noncompliance with this chapter, the fire code official shall duly notify the owner or authorized representative of the building. Upon receipt of such notice, the owner shall, subject to the following time limits, take necessary actions to comply with the provisions of this chapter.
4601.4.1 Construction documents. Construction documents for the necessary alterations shall be completed and submitted within a time schedule approved by the fire code official.
4601.4.2 Completion of work. Work on the required alterations to the building shall be completed within a time schedule approved by the fire code official.
4601.4.3 Extension of time. The fire code official is authorized to grant
necessary extensions of time when it can be shown that the specified time periods are not physically practical or pose an undue hardship. The granting of an extension of time for compliance shall be based on the showing of good cause and subject to the filing of an acceptable systematic plan of correction with the fire code official.
4601.4.4 Time. Unless amended by the appropriate code official, the time for compliance shall be as follows:
1. All structures:
a. All existing Group R occupancies and dwellings not classified as Group R occupancies shall comply with the single- and multiple-station smoke alarms as provided in Section 4603.7 upon notification.
Exception: In accordance with Construction and Fire Prevention Board, Case
#10-17, all apartments must be in compliance by April 1, 2013.
b. All high rise buildings shall comply with the Emergency Preparation provisions of Section 4606 upon notification.
c. [B] All occupancies and land uses shall obtain a Certification of Occupancy in accordance with Section 4607 upon notification.
d. [B] All properties with a non-compliant pool barrier shall comply with Section 4608 upon notification.
e. [B] All properties not in compliance with the Minimum Building Standards Code, Section 4609, shall comply as required by the appropriate code official.
2. High Rise:
Within eighteen (18) months after notice is given, plans and specifications for the necessary alterations shall be filed for review. Work on the required alterations to the building shall commence within thirty (30) months of the date of notification and such work shall be completed within fire (5) years from the date of
notification.
3. Other than High Rise:
Within eighteen (18) months after notice is given, plans for compliance shall be submitted for review. Within thirty-six (36) months after notice is given, the work shall be completed or the building shall be vacated until made to conform.
4601.5 Authority of the Fire Code Official. For the purpose of applying the provisions of this chapter, the fire code official shall have the authority to consider alternative approaches and grant necessary deviations from this division as follows:
1. Allow alternate materials or methods of compliance if such alternate materials or methods of compliance will provide levels of fire and life safety equal to or greater than those specifically set forth in this division.
2. Waive specific individual requirements if it can be shown that such requirements are not physically possible or practical and that a practical alternative cannot be provided.
4601.6 Appeals Board. Appeals of the determinations of the fire code official in applying the provisions of this chapter may be made by an appeal directed to the board of appeals as established by Section 112 of the Building Code.
SECTION 4602
DEFINITIONS
4602.1 Definition. The following word and term shall, for the purpose of this chapter and as used elsewhere in this code, have the meaning shown herein.