RESOLUTION –
SELECTBOARD, TOWN OF HAVEHILL, NH
A
RESOLUTION BY THE SELECTBOARD, TOWN OF HAVERHILL, SETTING THE BUILDING PERMIT
FEE SCHEDULE AND ESTABLISHING THE LIFE SAFETY CODE AND FIRE CODE INSPECTION AND
COMPLIANCE PROCESS FOR ALL COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL BUILDINGS
AND MULTI UNIT DWELLINGS WITH MORE THAN TWO UNITS.
BACKGROUND
AND FINDINGS:
In working toward the
BoardÕs goal to improve fire safety in buildings, the Selectboard appointed a
task force comprised of local fire chiefs and emergency response
personnel. That group found that:
1.
The citizens of the Town of Haverhill at the annual town meeting in
1984, by ballot adopted the Life Safety Code, NFPA Doc. No. 101, 1976 Edition,
as amended, and
2. The local fire chiefs are authorized by
state law to enforce the State Fire Code and are authorized by town meeting to
enforce the Life Safety Code, and
3. The local fire
chiefs representing Haverhill Corner, North Haverhill and Woodsville, recommend
the immediate enforcement of the Life Safety Code and the State Fire Code in
order to be proactive and to reduce the threat of loss of life and property due
to fire and other unsafe conditions, and
4. The local fire chief or designee has
the authority to approve all plans and inspect and approve all new
construction, modernization, and renovation of all commercial, industrial and
institutional buildings and multi unit dwellings with more than two units for
compliance with New Hampshire Fire and Life Safety Codes.
Definitions:
a.)
Commercial – A business engaged in the exchange or buying and selling of
commodities or services on a large scale involving transportation or exchange
of information or services from place to place.
b.)
Industrial –A department or branch of a craft, art, business, or
manufacture engaged in industrial production or service.
c.)
Institutional - An established society, association, corporation especially of
a public character.
d.)
Dwelling – Any building or portion thereof which contains living
facilities, including provisions for sleeping, eating, cooking, and sanitation.
5. The local fire chief or designee has
the authority to order occupants to vacate a building, structure, or other
premises if the chief or designee determines, based on reasonable information
and belief, that the condition of such premises constitute a clear and imminent
danger to the life or safety of occupants or other persons and that protection
of life or safety requires vacating the premises. Such an order shall be subject to the procedures of RSA
147:16-a (RSA 154:21-a).
6. That no new construction or existing
building shall be occupied in whole or in part in violation of the provisions
of the Life Safety Code (Life Safety Code Handbook, Chapter 1: Administration,
Section 1-6, 1994 as amended). The
local fire chief or designee upon determining compliance with the Life Safety
Code shall issue a certificate of compliance. The certificate of compliance also pertains to all persons
constructing, repairing or modifying electrical wiring systems, heating
devices, oil burning equipment, or other systems, equipment, or requirements as
identified in RSA 153:5, NFPA 101.
This section of the Resolution, Section 2, applies to commercial, industrial
and institutional buildings and multi unit dwellings with more than two units.
A certificate of compliance shall not be issued unless the local fire chief or
designee has inspected and approved all new construction, including additions,
garages and other improvements as noted on the building permit application form
for compliance with State of New Hampshire Fire Codes, which include the
installation of hard-wired smoke detection systems in accordance with NFPA Life
Safety Codes and the installation of all new oil-fired furnaces in compliance with
NH RSA 153:5. This requirement is
only applicable to all commercial, industrial and institutional buildings and
multi unit dwellings with more than two units. Certificate of
compliance will expire at five (5) years or upon change of use. It shall be the property ownerÕs
responsibility to maintain a certificate of compliance.
7. The certificate of compliance issued by
the local fire chief or designee will not be issued until the property owner/
builder properly displays the 911 Address assigned by the Town pursuant to the
Town 911 Addressing Ordinance.
This requirement applies to all structures including single-unit
dwellings.
8. If any building is deemed by the local
fire chief to be dangerous to the property of others, by reason of decay, want
of repair or otherwise, he may give written notice to the owner, developer, or
agent, the same to be served personally or by registered mail, to repair or
alter the same, which shall contain a particular account of the repairs or
alterations to be made. If the
owner does not reside in the town like notice may be served on the occupant, if
any. (RSA 154:20)
9. If the repairs or
alterations are not made within 5 days notice as provided in RSA 154:20, unless
upon application to the local fire chief or designee and an extension has been
granted for reasonable cause, the owner or occupant so notified shall be guilty
of a violation for each dayÕs neglect, and shall be liable to the owner of any
building or property consumed by fire, communicated from such dangerous
building, for damages suffered by the owner. (RSA 154:21)
10. It shall be the responsibility of the
local Fire Chief to identify and appoint a designee, if necessary, to inspect
for compliance of life safety and fire code requirements addressed in this
resolution.
11. The Selectboard is authorized, by the
Building Permit Ordinance, to update the building permit inspection fee
schedule as necessary, and
12. The Life Safety Code and the State Fire
Code should be comprehensively and systematically enforced through local fire
safety inspections of all commercial, industrial, and institutional buildings
and multi unit dwellings with more than two dwelling units
NOW THEREFORE,
The Town of Haverhill shall not approve
a building permit until the local fire chief or designee has signed the
Building Permit Application identifying that the applicant, owner, contractor,
or builder has, where applicable, met and complied with the Fire and Life
Safety Codes.
There shall be no fee
for initial life safety and fire code inspection by the local fire chief or
designee for improvements other than new construction for commercial,
industrial and institutional buildings and multi unit dwellings with more than
two units. Upon the local fire
chief or designee identifying life safety or fire code deficiencies requiring
correction, the owner, developer or agent must obtain and complete a Town of
Haverhill Building Permit Application to address said deficiencies. The local
fire chief shall set, amend, etc., an inspection schedule for old buildings
that are commercial, industrial, institutional, or multi unit dwellings with
more than two units. Non
compliance with communication or written direction from the local fire chief or
designee will be addressed in accordance with RSA 154:21 (Neglect Penalty) and
may be followed with order to vacate (RSA 154:21a). The Fire Chief or Designee may seek other means to meet
compliance.
Each Building Permit
Application must be accompanied by a check based upon the Building Permit Fee
Schedule and payable to the Town of Haverhill. The Town of Haverhill shall reimburse the Precinct for the
amount of any fees to be charged for the local fire chief or designee
inspection costs in a manner agreeable to the Town and each Fire Precinct.
The Haverhill
Selectboard hereby adopts the attached updated Haverhill Building Permit
Application Fee Schedule that includes fees for life safety code and fire code
inspection for compliance regarding all commercial, industrial, and
institutional buildings and multi unit dwellings with more than two units.
This resolution and
the attached building permit application to include the building permit
application fee schedule shall be implemented immediately upon Selectboard
approval.