Section 12-G704. FIRE PROTECTION SYSTEMS

Insert new Subsection 704.1.2 in the Property Maintenance Code to read as follows:

704.1.2 Fire extinguishers.  All portable fire extinguishers required by a prior or current Building Code or Fire Code shall be visible, readily accessible and maintained in an efficient and safe operating condition.  Extinguishers shall be of an approved type.  Fire extinguishers shall be maintained in accordance with NFPA 10 as referenced in the Fire Code.

Strike Section 704.2 of the International Property Maintenance Code in its entirety and insert new Sections 704.2 and 704.2.1 in the Property Maintenance Code in its place to read as follows:

 

704.2 Smoke alarms.  Single- or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, and R-4, and dwellings not regulated as Group R occupancies,  regardless of occupant load at all of the following locations:

 

1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.

 

2. In each room used for sleeping purposes.

 

3. In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level.

 

Single- or multiple-station smoke alarms shall be installed in other groups in accordance with the Fire Code.

 

704.2.1 Transition period for certain existing occupancies.  Existing Group R-2 and R-3 occupancies, and dwellings not regulated as Group R occupancies, that contain smoke alarms in locations that comply with Section 704.2(1) or (2) shall have a 36-month period, commencing on the date of adoption of the 2013 edition of the D.C. Construction Codes in accordance with Section 122 of the Building Code, to install smoke alarms in the additional locations specified in Section 704.2(1), (2) and (3). 

Insert new Section 704.5 in the International Property Maintenance Code to read as follows:

 

704.5 Fire alarm systems.  Fire alarm systems shall be continuously maintained in accordance with applicable NFPA requirements or as otherwise directed by the code official.

 

704.5.1 Manual fire alarm boxes.  All manual fire alarm boxes shall be operational and unobstructed.

 

704.5.2 Fire alarm signage.  Where fire alarm systems are not monitored by a supervising station, an approved permanent sign shall be installed adjacent to each manual fire alarm box that reads: “WHEN ALARM SOUNDS CALL FIRE DEPARTMENT”.

 

Exception:  When the manufacturer has permanently provided this information on the manual fire alarm box.

 

704.5.3 Fire alarm notice.  The owner of a building containing four or more dwelling units, rooming units or sleeping units, including a building containing four or more residential condominium or cooperative units, shall post in conspicuous places in the common spaces of the building, and distribute to each tenant or unit owner, a written notice that provides information about fire alarm systems in the building.  The notice shall be on a form developed and published by the code official in English and in the languages required under section 4 of the Language Access Act of 2004, effective June 19, 2004 (D.C. Law 15-167; D.C. Official Code § 2-1933 (2012 Repl.). The notice shall include the following information:

 

1. Instructions on the operation of manual fire alarm boxes of the building fire alarm system;

 

2. Instructions on what to do when the dwelling unit’s smoke detectors activate,  including abandoning the dwelling unit immediately, closing the door of the unit, and actuating the nearest manual fire alarm box;

 

3. Whether the building fire alarm system is monitored by a supervising station; and

 

4. Instructions to report any fire event by immediately calling 911.

 

For purposes of this section, the owner of a building containing condominium or cooperative units shall be the unit owners’ association, the cooperative housing association, or other entity having responsibility for managing the condominium or cooperative on behalf of the unit owners.

 

704.5.4 Housing Business. Where the owner or operator of a housing business has failed to comply with the smoke alarm provisions of Section 704.2, the tenant is authorized to purchase, install and maintain battery-operated smoke alarm(s) as a temporary safeguard at the owner’s expense, subject to the following: (a) the tenant must notify the owner or operator in writing that installation, replacement or repair of a smoke alarm is required by Section 704.2 and request that the owner or operator take appropriate action, and the owner or operator fails to take the requested action within 10 days after such request or such later date as mutually agreed; and (b) the tenant must provide the owner or authorized agent of the owner with access to the dwelling unit to correct any smoke alarm deficiencies which have been reported.

 

Reasonable costs incurred by the tenant may be deducted from the rent for the dwelling unit pursuant to procedures governing landlord tenant relationships set forth in 14 DCMR.  No tenant shall be charged, evicted, or penalized in any fashion for failure to pay the reasonable costs deducted from the rent for the dwelling unit for purchase, installation or maintenance of smoke alarms under this section.

 

704.5.4.1 Emergency measures. The failure of an owner or operator of a housing business to comply with Section 704.2 shall be deemed an imminent danger pursuant to Section 109 of the Property Maintenance Code and Section 111.2 of the Fire Code.

 

704.5.4.2 Owner responsibility.  Except as provided in Section 704.5.4.4, no act or omission by a tenant under this Section 704.5.4 shall relieve the owner of responsibility to ensure full and continuing compliance with Section 704.

 

704.5.4.3 Tenant responsibility. Except as provided in Section 704.5.4.4, nothing in this Section 704.5.4 shall be construed:  (a) to impose a penalty or other liability on a tenant for failure to install or maintain a smoke alarm; or (b) to mean that a tenant who fails to install or maintain a smoke alarm is contributorily negligent.

 

704.5.4.4 Disabling of smoke alarms. Tampering with, removing, destroying, disconnecting, or removing the batteries from any installed smoke alarm, except in the course of authorized inspection, maintenance or replacement of the alarm, is prohibited.

 

704.5.4.5 Other penalties. Nothing in this Section shall be deemed to negate the obligation of the owner or operator to comply with the requirements of Section 704.2, or to preclude the code official from pursuing other penalties and remedies under this code where the owner or operator fails to comply with Section 704.2.  

Insert new Section 704.6 in the Property Maintenance Code to read as follows:

704.6 High rise buildings.  The owner of a high-rise building shall:

 

1. Prepare and maintain a fire safety and evacuation plan for the building; and

 

2. Conduct fire drills at least once every year. 

 

 

authority

Section 10 of the Construction Codes Approval and Amendments Act of 1986 (Act), effective March 21, 1987 (D.C. Law 6-216; D.C. Official Code § 6-1409 (2012 Repl.)) and Mayor’s Order 2009-22, dated February 25, 2009, as amended.

source

Final Rulemaking published at 61 DCR 3196 (March 28, 2014 – Part 2); as corrected by Errata Notice published at 61 DCR 5246 (May 23, 2014); as amended by Final Rulemaking published at 62 DCR 103 (January 2, 2015).

EditorNote

The District of Columbia Property Maintenance Code (2013), referred to as the “Property Maintenance Code,” consists of the 2012 edition of the International Property Maintenance Code, published by the International Code Council (ICC), as amended by the District of Columbia Property Maintenance Code Supplement (2013) (12 DCMR G). The International Property Maintenance Code is copyrighted by the ICC and therefore is not republished here. However, a copy of the text may be obtained at: http://publicecodes.cyberregs.com/icod/ipmc/2012/index.htm?bu=IC-P-2012-000006&bu2=IC-P-2012-000019.