Article 1. Adoption of the State Fire Code

Sections:
    20-1.1    Fire Code of the City and County of Honolulu.

Sec. 20-1.1    Fire Code of the City and County of Honolulu.
    The State Fire Code as adopted by the State of Hawaii on November 30, 2001, pursuant to HRS Chapter 132, which code adopts, with modifications, the 1997 Uniform Fire Code (UFC), published by the International Fire Code Institute and copyrighted by the International Conference of Building Officials and the Western Fire Chiefs Association, and the 1999 Accumulative Supplement to the Uniform Fire Code (1999 Accumulative UFC Supplement), is by reference incorporated in this chapter and made a part hereof, subject to the following amendments which, unless stated otherwise, are stated in the form of amendments to the UFC:

(1)    Amending Section 101.1. Section 101.1 is amended to read:

         101.1 Title. This code shall be known as the “Fire Code of the City and County of Honolulu,” may be cited as such, and will be referred to herein as "this code."

(2)    Amending Section 103.1.4. Section 103.1.4 is amended to read:

         103.1.4 Appeals. See ROH Chapter 16 (Building Code), Article 1.

(3)    Amending Section 103.4.1.2. Section 103.4.1.2 (“Unsafe heating or electrical equipment and structural hazards”) is amended by amending the first paragraph to read:
        
        When the chief deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in this code, to be defective or unsafe so as to create a hazard, the chief is authorized to serve upon the owner or the person having control of the property a written notice to repair or alter as necessary and shall notify any other authority enforcing codes regulating such fixture, equipment or appurtenance.

(4)    Amending Section 103.4.3. Section 103.4.3 is amended by amending the title thereof to read:

         103.4.3 Compliance with orders and notices.
        
(5)    Amending Section 103.4.4. Section 103.4.4 is amended to read:
        
         103.4.4 Citations. Any person violating any of the provisions of this code shall be deemed guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any provisions of this code is committed, continued or permitted, and upon conviction of any such violation, such person shall be punished by a fine of not more than $1,000.00 or by imprisonment for not more than one year, or by both such fine and imprisonment.

(6)    Amending Section 105.3. Section 105.3 is amended to read:

         105.3 Application for Permits and Licenses. Application for permits and licenses shall be made to the fire prevention bureau in such form and detail as prescribed in Section 105.8. Where required, certain applications for permits shall be accompanied by plans.

(7)    Amending Section 105.8. Section 105.8 is amended to read:

         105.8 Permits, Licenses and Fees. A permit or license shall be obtained from the fire prevention
        bureau, or designated agency, prior to engaging in the following activities, operations, practices or
        functions:

        1.    Places of Assembly. To operate a place of assembly. Annual Permit Fee: $100.00. For permit requirements see Section 2501.3.
        2.    Tents and Canopies. Permit Fee: $100.00. For permit requirements see Section 3203.
        3.    Application of Flammable Finishes. Annual Permit Fee: $100.00. For permit requirements see Section 4501.3.
        4.    Flammable and Combustible Liquid Tank Installation. One-time Permit Fee: $75.00 for tank capacity of 61 to 4,999 gallons; $100.00 for tank capacity of 5,000 gallons or greater. For permit requirements see Section 7901.3.
        5.    Liquefied Petroleum Gas Container (Tank) Installation. One-time Permit Fee: $100.00 for a single container or the aggregate of interconnected containers of 125-gallons water capacity or more. For permit requirements see Section 8202.1.
        6.    Fireworks Permits are required as authorized by HRS Chapter 132D for the following:
        6.1    Individual purchase of non-aerial common fireworks for designated holidays – New Year, Chinese New Year and the Fourth of July. Permit Fee: $25.00 each.
        6.2    Individual purchase and use of non-aerial common fireworks for cultural purposes, events, special occasions, etc., at times other than the designated holidays. Permit Fee: $25.00 each.
        6.3    Use or purchase of aerial common fireworks, special fireworks, or both for public displays or exhibitions. Permit Fee: $110.00 each.
        7.    To import, store, offer to sell, or sell at wholesale or retail aerial common fireworks, special fireworks, or non-aerial common fireworks, unless the person has a valid license, as authorized by HRS Chapter 132D. License fees are as follows:
            Importation. Annual License Fee: $3,000.00.
            Wholesale. Annual License Fee: $2,000.00.
            Storage. Annual License Fee: $1,000.00.
            Retail. Annual License Fee: $500.00.
        8.    Licenses to inspect, test and maintain the following fire protection systems:
            Water-based systems. Three-year License Fee: $100.00.
            Non-water-based systems. Three-year License Fee: $100.00.
            Portable fire extinguishers. Three-year License Fee: $100.00

(8)    Amending Section 903.4.2. Section 903.4.2 (“Required installations”) is amended by adding a third paragraph to the end thereof to read:

            Acceptance testing of private fire hydrants shall be in accordance with the county water requirements. Records of the acceptance test shall be submitted to the chief within 7 calendar days of the test.

(9)    Amending Section 1001.4. Section 1001.4 (“Installation acceptance testing”) is amended as follows:

    a.    By amending the second paragraph to read:

            Condition of acceptance of halon and clean agent systems shall be satisfactory passage of a final approval of installation test, in accordance with nationally recognized standards and the manufacturer’s instructions, prior to final acceptance of the system. The test may be witnessed by the chief.

    b.    By adding fourth and fifth paragraphs immediately following the third paragraph to read:

            Upon completion of the installation of a non-water based fire extinguishing system that is required by this code, a satisfactory final approval of installation test of the system shall be made in accordance with nationally recognized standards and the manufacturer’s instructions. Non-water based systems include, but are not limited to, dry chemical and carbon dioxide extinguishing systems. The test may be witnessed by the chief.

            The chief shall be notified a minimum of four (4) working days prior to the test date by the company conducting the test. The chief shall be informed of the name of the business being tested, date and time of the testing, and the company and the individual conducting the test.

(10)    Amending Section 1001.5.2. Section 1001.5.2 (“Inspection and testing”) is amended by adding the following paragraphs to the end thereof to read:

            The following licenses to conduct inspections, testing and maintenance shall be issued by the chief and shall be valid for three years: 1) Automatic Fire Extinguishing Systems; 2) Class I; 3) Class II; 4) Class III; 5) Combined Systems; 6) Portable Fire Extinguishers.

             EXCEPTION: Unless said license is suspended or revoked by the chief.

            Personnel conducting the inspection, testing and maintenance shall be qualified and experienced in inspection, testing and maintenance for the specific type of system prior to conducting inspections, testing and maintenance for the specific type of system.
        
            Procedures to be followed in accomplishing the test and inspections required by section 1001.5.2 shall be in accordance with the appropriate NFPA standard and as promulgated by the chief in rules adopted pursuant to this code and HRS Chapter 91. Procedures to be followed in the issuance, suspension, or revocation for cause of licenses shall be as promulgated by the chief in rules adopted pursuant to this code and HRS Chapter 91.

(11)    Amending Section 1003.3.1. Section 1003.3.1 (“Where required”) is amended by amending the second paragraph to read:

            Valve monitoring and water-flow alarm and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station, remote station or proprietary monitoring station as defined by UFC Standard 10-2 or, when approved by the building official with the concurrence of the chief, shall sound an audible signal at a constantly attended location. Valve monitoring, water flow and trouble signals shall be monitored on the island of Oahu.

             EXCEPTION: Underground key or hub valves in roadway boxes provided by the municipality or public utility need not be monitored.

(12)    Adding Section 1006.2.2.1. Section 1006.2.2.1 is added to read:

         1006.2.2.1 Deep fat fryers. All deep fat fryers shall be installed with at least a 16 inch (406.4 mm) space between the fryer and surface flames from adjacent cooking equipment.
        
(13)    Adding Section 1006.2.2.2. Section 1006.2.2.2 is added to read:
        
         1006.2.2.2 Air acceptance test. Prior to the commencement of initial cooking operations, a satisfactory air acceptance test of the system shall be made in accordance with the manufacturer’s instructions. The acceptance test may be witnessed by the chief.

(14)    Amending Exception 1 of Section 1007.2.2.1. Exception 1 of Section 1007.2.2.1 (“General”) is amended to read:

        1.    When approved by the chief, the manual fire alarm boxes may not be required for fire
            alarm systems in buildings protected throughout by an approved automatic sprinkler
            system that is provided with an approved initiation device that will operate when the flow
            of water is equal to or greater than that from a single automatic sprinkler.
        
(15)    Amending Section 1007.2.9.1.1. Section 1007.2.9.1.1 is amended by amending the first paragraph to read:

         1007.2.9.1.1 General. Group R Occupancies shall be provided with fire alarm systems in accordance with Section 1007.2.9. Group R, Division 1 Occupancies shall be provided with a manual and automatic fire alarm system in every apartment house over one story and containing 17 or more dwelling units, every congregate residence over one story and having an occupant load of 50 or more, and every hotel over one story and containing 20 or more guest rooms. See also Section 1007.2.12.
        
(16)    Amending Section 1007.2.12.2.2. Section 1007.2.12.2.2 (“Automatic fire alarm system”) is amended by
    adding Item 5 and a new paragraph to the end thereof to read:
        
        5.    In every storage room, laundry room, furnace room and similar common areas in
            Group R, Division 1 Occupancies.

        Smoke detection system conforming to the provisions of chapter 4 of NFPA standard 90A will be accepted in lieu of items 2 and 3 above.

(17)    Adding Section 1007.3.3.5.1. A new Section 1007.3.3.5.1 is added to read:

         1007.3.3.5.1 Trouble signals. Trouble signal(s) shall be located in an area where it is likely to be heard and as approved by the chief.

(18)    Amending Section 1102.3.1. Section 1102.3.1 (“General”) is amended by adding a second paragraph to the end thereof to read:

        Open burning not subject to state air pollution laws, HRS Chapter 342B (“Air Pollution Control”)
    shall be in accordance with the UFC and the following:
        
    1.    Fires for the cooking of food, i.e., imu fires, hulihuli fires, etc.: Notify the department’s Fire Communication Center (FCC) at least 10 but not more than 20 minutes prior to lighting the fire.
        
    2.    Fires for recreational, decorative, or ceremonial purposes: Obtain written permission from the property owner. Submit a letter to the fire chief 14 days prior to the event, noting the date, time and location of the fire. After receiving approval from the chief, notify the FCC at least 10 but not more than 20 minutes prior to lighting the fire.
        
    3.    Fires to abate a fire hazard: Notify the FCC at least 10 but not more than 20 minutes prior to lighting the fire. Have sufficient resources on hand to control the fire. Monitor fire behavior and weather to ensure no hazardous conditions exist.
        
    4.    Fires for the prevention or control of disease or pests: Obtain approval from the Director of the State Department of Health. Notify the FCC at least 10 but not more than 20 minutes prior to lighting the fire. Have sufficient resources on hand to control the fire.

    5.    Fires for the training of fire fighting personnel: Notify the FCC at least 10 but not more than 20 minutes prior to lighting the fire. Have sufficient resources on hand to control the fire. Monitor fire behavior and weather to ensure no hazardous conditions exist.

    6.    Fires for the disposal of dangerous materials: Obtain approval from the Director of the State Department of Health. Notify the FCC at least 10 but not more than 20 minutes prior to lighting the fire. Have sufficient resources on hand to control the fire. Monitor fire behavior and weather to ensure no hazardous conditions exist.

    7.    Fires for residential bathing purposes: Notify the FCC at least 10 but not more than 20 minutes prior to lighting the fire.

        The above fires shall be the responsibility of the person owning, operating, or managing the
    property, premises, business establishment or industry where the fire is occurring.

(19)    Amending Section 2501.3. Section 2501.3 is amended to read:

         2501.3 Permits and Plans. A permit is required for places of assembly with an occupant load capacity of 300 or more persons, such as restaurants, nightclubs, and dancing and drinking establishments. The permit shall be posted in a conspicuous location on the premises.

            In addition, at the time of application for a permit, the applicant shall submit to the chief two copies of the floor plan of the establishment indicating the square footage (gross), seating arrangements (if more than one seating configuration is used by the establishment), occupancy load, aisle widths, exits and access ways to exits, and compliance with other fire code requirements in accordance with Article 25. See also amended Section 105.8.

(20)    Amending Section 3203. Section 3203 is amended to read:

         SECTION 3203 – PERMITS AND PLANS. A permit is required to erect or operate a tent or canopy having an area in excess of 2100 square feet. In addition, at the time of application for a permit, two copies of the plot plan shall be submitted to the chief indicating distances to property lines, buildings, other tents and canopies, parked vehicles, or internal combustion engines. See also amended Section 105.8.

(21)    Amending Section 4501.3. Section 4501.3 is amended to read:

         4501.3 Permits and Plans. A permit is required for spraying or dipping operations utilizing flammable or combustible liquids, or the application of combustible powders regulated by Article 45.

            In addition, at the time of application for a permit, the applicant shall submit to the chief two copies of the plan of the spraying or dipping installation with distances from the storage of flammable or combustible liquids. The plan shall indicate the location of exits from the spraying or dipping area, an approved fixed extinguishing system installed in the permitted area, and other fire code requirements in accordance with Article 45. See also amended Section 105.8.

(22)    Amending Section 5201.5.3. Section 5201.5.3 (“Emergency shutdown devices”) is amended by adding a sentence to the end thereof to read:

            The signs shall be in red letters on a white background, not less than two inches high, with a ¼ inch stroke.

(23)    Amending Section 5201.6.3. Section 5201.6.3 is amended to read:

         5201.6.3 Unsupervised dispensing. Unsupervised dispensing is allowed when the owner or operator provides, and is accountable for, daily site visits, regular equipment inspection and maintenance, conspicuously posted instructions for the safe operation of dispensing equipment, and posted telephone numbers for the owner or operators. A sign, in addition to the signs required by Section 5201.8, shall be posted in a conspicuous location reading:

                “ IN CASE OF FIRE, SPILL FOR RELEASE

            1.    Use emergency pump shutoff!
            2.    Report the accident!
                Fire Department Telephone No. 911”

            The sign shall be in red letters on a white background, not less than one inch high, with a stroke of 3/16 inch.

            During hours of operation, stations having unsupervised dispensing shall be provided with a fire alarm transmitting device. A telephone not requiring a coin to operate is acceptable.

(24)    Amending Section 5201.8. Section 5201.8 (“Signs”) is amended to read:

        Signs prohibiting smoking, prohibiting dispensing into unapproved containers, prohibiting the
        placement of a foreign object(s) that allows the fuel-dispensing lever to remain in the open position,
        and requiring vehicle engines to be stopped during fueling shall be conspicuously posted within sight
        of each dispenser.

            One sign shall be in red letters on a white background, not less than four inches high with a ½ inch stroke, to read:

                         “NO SMOKING, STOP MOTOR”

            A second sign shall be in red letters on a white background, not less than one inch high, with a 3/16 inch stroke, to read:

                 “DISPENSING INTO UNAPPROVED CONTAINERS IS PROHIBITED”

            A third sign shall be in red letters on a white background, not less than one inch high, with a 3/16 inch stroke, to read:

             “FOREIGN OBJECT(S) PROHIBITED IN THE FUEL-DISPENSING LEVER”

(24A)    Amending Section 5202.4.4.2. Section 5202.4.4.2 is amended by amending the third paragraph to read:

        Where dispensing of Class I, II or III-A liquids is performed by someone other than a qualified attendant, a listed automatic-closing-type hose nozzle valve shall be used incorporating the following features:

        1.    The hose nozzle valve shall NOT be equipped with an integral latch-open device.

        2.    When the flow of product is normally controlled by devices or equipment other than the
            hose nozzle valve, the hose nozzle valve shall not be capable of being opened unless the
            delivery hose is pressurized. If pressure to the hose is lost, the nozzle shall close
            automatically.

                 EXCEPTION: Vapor-recovery nozzles incorporating insertion interlock devices
                designed to achieve shutoff upon disconnect with vehicle fill pipe.

        3.    The hose nozzle shall be designed such that the nozzle is retained in the fill pipe during the
            filling operation.

(25)    Amending Section 7801.3. Section 7801.3, as amended by the 1999 Accumulative UFC Supplement, is further amended by amending the title of the section to read:

         7801.3 Permits and Licenses.

(26)    Amending Section 7801.3.1. Section 7801.3.1, as amended by the 1999 Accumulative UFC Supplement, is
    further amended to read:

         7801.3.1 Fireworks. See amended Section 105.8.

(27)    Amending Section 7801.3.1.1. Section 7801.3.1.1, as amended by the 1999 Accumulative UFC
    Supplement, is further amended to read:

         7801.3.1.1 Importation. A license is required to import fireworks, 1.3G and 1.4G, in any quantity. See also amended Section 105.8.

(28)    Amending Section 7801.3.1.2. Section 7801.3.1.2, as amended by the 1999 Accumulative UFC
    Supplement, is further amended to read:

         7801.3.1.2 Storage. A license is required to store fireworks 1.3G and 1.4G in any quantity. See Section 7702 of the UFC for the storage of 1.3G fireworks. See the building code for the storage of 1.4G fireworks. See also amended Section 105.8.

(29)    Amending Section 7801.3.1.3. Section 7801.3.1.3 of the 1999 Accumulative UFC Supplement is amended
    to read:

         7801.3.1.3 Retail and Wholesale. A license is required for retail and wholesale sales of non-aerial common fireworks, 1.4G. See also amended Section 105.8.

(30)    Amending Section 7801.3.1.4. Section 7801.3.1.4 of the 1999 Accumulative UFC Supplement is amended
    to read:

         7801.3.1.4 Public Displays. A permit is required for public displays or exhibitions, or both, of aerial common fireworks, special fireworks or both. A permit for use shall be granted only to a pyrotechnic operator as authorized by the authority having jurisdiction. Permit applications shall be made not less than 20 days prior to the scheduled date of the display. The permit application shall include a diagram of the grounds on which the display is to be held, showing the point at which the fireworks are to be discharged; the location of buildings, highways and other lines of communication; the lines behind which the audience will be restrained; and the location of nearby trees, telegraph or telephone lines and other overhead obstructions. At the time of the permit application, the chief shall be consulted regarding requirements for standby firewatch personnel. See also amended Section 105.8.

(31)    Amending Section 7801.3.2. Section 7801.3.2, as amended by the 1999 Accumulative UFC Supplement, is
    further amended to read:

         7801.3.2 Pyrotechnic special effects material. A permit is required to manufacture, compound, store or use pyrotechnic special effects material. A permit for use shall be granted only to a pyrotechnic operator as authorized by the authority having jurisdiction. Permit applications shall be made not less than 20 days prior to the scheduled date of the display. The permit application shall include a diagram showing the point at which the pyrotechnic devices are to be fired, the fallout radius for each pyrotechnic device and the lines behind which the audience shall be restrained. At the time of the permit application, the chief shall be consulted regarding requirements for standby firewatch personnel. See also amended Section 105.8.

(32)    Adding Section 7801.3.2.1. Section 7801.3.2.1 is added to read:

         7801.3.2.1 Non-aerial common fireworks. A permit is required to purchase non-aerial common fireworks, commonly known as firecrackers, by an individual for the designated holidays of New Year, Chinese New Year and the Fourth of July. See also amended Section 105.8.

(33)    Adding Section 7801.3.2.2. Section 7801.3.2.2 is added to read:

         7801.3.2.2 Non-aerial common fireworks, cultural purposes. A permit is required to purchase and use non-aerial common fireworks, commonly known as firecrackers, by an individual for cultural purposes, events, special occasions, etc., at any time other than the holidays designated in Section 7801.3.2.1. See also amended Section 105.8.

(34)    Amending Section 7901.3.1. Section 7901.3.1 is amended to read:

         7901.3.1 Permits and Plans. A permit is required to install or operate equipment in connection with the storage, handling, use or sale of flammable or combustible liquids regulated under Article 79. In addition, at the time of application for a permit, the applicant shall submit to the chief three copies of the plot and cross-sectional plans indicating distances from property lines, buildings, other fuel tanks located on the premises, dispensers, emergency electrical shutoff, vent lines and diameter, piping, location of fire extinguisher and necessary signage and placards.

            Tank installations within the jurisdiction of the City and County of Honolulu shall be approved by the Zoning Division of the Department of Planning and Permitting prior to submitting an application for the Honolulu Fire Department’s flammable and combustible liquids tank installation permit. For installations in State of Hawaii conservation-zoned areas, tank installations shall be reviewed and approved by the State Department of Land and Natural Resources. See also amended Section 105.8.

(35)    Amending Section 7902.1.3.2. Section 7902.1.3.2 (“Label or placard”) is amended by adding a second
    paragraph to the end thereof read:

            Each side of the placard shall be a minimum of 10 inches, with numerals not less than four inches high and with a 5/8 inch stroke. The numerals shall be “reflective white” on the blue and red diamonds and “reflective black” on the yellow and white diamonds.

(36)    Amending Section 8001.7. The first paragraph of Section 8001.7 (“Identification signs”) is amended to
    read:

            Visible hazard identification signs as specified in UFC Standard 79-3 shall be placed on stationary aboveground tanks and at entrances to locations where hazardous materials are stored, dispensed, used or handled in quantities in excess of the exempt amounts listed in Tables 8001.15-A, 8001.15-B, 8001.15-C and 8001.15-D. Signs shall be provided at specific entrances and locations designated by the chief.

(37)    Adding a new section title. A new Section 8202 title is added to read:

             SECTION 8202 – PERMITS, PLANS AND RECORDS

(38)    Adding Section 8202.1. Section 8202.1 is added to read:

         8202.1 Permits and Plans. A permit is required to install or dispense LP-gas, or to maintain an LP-gas container (tank).

             EXCEPTION: A permit is not required to install or maintain a portable container or the aggregate of interconnected containers of less than 125-gallon water capacity.

            Permits shall not be transferable and any change in use, occupancy, operation, ownership, vendor or capacity shall require a new permit.

            Distributors shall not fill an LP-gas container for which a permit is required unless a permit for installation has been issued for that location by the chief.

            Where a single container or the aggregate of interconnected containers is 125-gallons water capacity or more, the installer shall submit plans to the chief.

            LP-gas installations requiring a permit shall have the permit on site and available for inspection by the chief.

            In addition, at the time of application for a permit, the installer shall submit to the chief three copies of the plot and cross-sectional plans indicating distances from property lines, buildings, other fuel tanks located on the premises, dispensers, emergency electrical shutoff, vent lines and diameter, piping, location of fire extinguisher and necessary signage and placards.

            Container installations within the jurisdiction of the City and County of Honolulu shall be approved by the Zoning Plan Review Branch, Department of Planning and Permitting, prior to submitting an application for the Honolulu Fire Department’s LP-gas container installation permit. For installations in State of Hawaii preservation-zoned areas, container installations shall be reviewed by the State Department of Land and Natural Resources. See also amended Section 105.8.

(39)    Adding Section 8202.2. Section 8202.2 is added to read:

         8202.2 Records. Installers shall maintain a record of installations for which a permit is not required by Section 105 and have such record available for inspection by the chief.

             EXCEPTION: Installation of gas-burning appliances and replacement of portable cylinders.

(40)    Amending Section 8203.1. Section 8203.1 (“General”), as amended by Section 12-45.1-119, Hawaii
    Administrative Rules, is further amended by adding a third paragraph to the end thereof to read:

            Each side of the placard shall be a minimum of 10 inches, with numerals not less than four inches high and with a 5/8 inch stroke. The numerals shall be “reflective white” on the blue and red diamonds and “reflective black” on the yellow and white diamonds.

(41)    Amending Appendix III-C. Appendix III-C is amended to read:

                     APPENDIX III-C

            INSPECTION, TESTING AND MAINTENANCE OF
             WATER-BASED FIRE-PROTECTION SYSTEMS,
             AUTOMATIC FIRE-EXTINGUISHING SYSTEMS
             AND PORTABLE FIRE EXTINGUISHERS

         SECTION 1 – GENERAL

            Inspection, testing and maintenance of water-based fire-protection systems shall be in accordance with UFC Appendix Standard A-III-C-1.

            Inspection, testing and maintenance of non-water-based fire-protection systems shall be in accordance with the appropriate NFPA standard of the 1997 National Fire Codes.

            Inspection, testing and maintenance of portable fire extinguishers shall be in accordance with UFC Standard 10-1.

(42)    Adding Appendix IV-B.

        Appendix IV-B, except Section 2 thereof, is by reference incorporated herein and made a part of this code.

(Added by Ord. 02-47; Am. Ord. 05-024)

    Article 2. Life Safety Requirements for Existing Hotel Buildings
    and Existing Business Buildings

Sections:
    20-2.1    General.
    20-2.2    Definitions.
    20-2.3    Requirements--Hotels.
    20-2.3A    Requirements--Existing business buildings.
    20-2.4    Permit required.
    20-2.5    Compliance.
    20-2.6    Appeals.
    20-2.7    Severability.
    20-2.8    Rules and regulations.

Sec. 20-2.1    General.
(a)    Purpose. The purpose of this article is to provide for a reasonable degree of public safety by establishing minimum life safety requirements for existing hotel buildings and existing business buildings.
(b)    Scope. The provisions of this article shall apply to every existing hotel building and every existing business building as defined in this article. A determination that an existing building is "an existing business building" subject to this article shall be made by the fire chief. Any appeal from the decision of the fire chief may be submitted to the board of appeals for hearing and determination as provided in Chapter 16.
(Sec. 19A-2.1, R.O. 1978 (1983 Ed.); Am. Ord. 01-53)

Sec. 20-2.2    Definitions.
    For purposes of this article:
    "Annunciator" means a unit containing two or more identified targets or indicator lamps in which each target or lamp indicates the circuit, condition and location to be annunciated.
    "Building code" means:
    (1)    With respect to an existing hotel building, the provisions of Chapter 16 which were in effect on the date of approval of Ordinance 83-58; and
    (2)    With respect to an existing business building, the provisions of Chapter 16 which are in effect on January 1, 2002. ^*
    "Building official" means the same as defined under Section 16-1.1.
    "Business building" means a building to which both of the following apply:
    (1)    At least 50 percent of the building is classified as "group B -- business" occupancy by the building official pursuant to the building code; and
    (2)    Has floors used for human occupancy located more than 75 feet above the lowest level of fire department vehicle access.
    "Existing business building" means a business building erected before January 1, 2002 ^* or one for which a legal building permit has been issued before that date.
    "Existing hotel building" means a hotel building erected prior to the date of approval of Ordinance 83-58 or one for which a legal building permit was issued before that date.
    "Guest" means a person whose principal place of residence is other than the dwelling or lodging unit rented or hired out, or in instances involving time sharing units occupied, by the person for sleeping purposes.
    "Guest room" means any dwelling or lodging unit intended or designed to be rented, or hired out to be occupied, for sleeping purposes by guests, and includes units subject to the provisions of HRS Chapter 514E (Time Sharing).
    "Hotel" means any building which has floors used for human occupancy located more than 75 feet above the highest grade and which contains dwelling and/or lodging units 50 percent or more of which are guest rooms. A hotel license issued pursuant to HRS Section 445-92 shall be prima facie evidence that the building licensed is a hotel subject to the provisions of this article. (Sec. 19A-2.2, R.O. 1978 (1983 Ed.); Am. Ord. 01-53)
[ ^* Editor's Note: "January 1, 2002" is substituted for "the effective date of Ordinance 01-53."]

Sec. 20-2.3    Requirements--Hotels.
    For hotels subject to the provisions of this article:
(a)    Automatic Sprinkler Systems. An automatic sprinkler system shall be provided throughout the entire hotel. The installation of the system shall be in conformance with the building code.
(b)    Smoke Detectors. Smoke detectors shall be provided in every guest room, interior exit corridor, mechanical equipment, electrical, transformer, telephone equipment, elevator machine or similar room. The installation of the smoke detectors shall be in conformance with the building code. Any smoke detector installed in an interior exit corridor shall be connected to an annunciator.
(c)    Corridor Doors. All doors opening into interior exit corridors shall be in conformance with the building code, except that 1 3/4-inch bonded, solid-core wood doors need not be replaced.
(d)    Exit Stairwell Doors. All stairwell doors, which are to be locked to prevent entry from the stairwell side, shall be automatically unlocked without unlatching when the fire alarm system activates or upon power failure.
(e)    Fire Alarm Systems. All fire alarm systems shall be designed to be heard clearly within all habitable areas of the hotel and shall be connected to an annunciator. The annunciator shall be located in the first floor lobby area or other area approved by the fire chief.
(f)    Emergency Power. Emergency power shall be provided for exit signs, exit illumination and fire alarm systems. Such emergency power shall be supplied by a generator, or an approved battery or other approved source of energy.
(g)    Emergency Plan. The management for each hotel shall establish and maintain a written fire and life safety emergency plan, which is to be approved by the fire chief. The fire chief shall develop written criteria and guidelines upon which all plans shall be based.
(h)    Exiting Plans and Placards.
    (1)    Exiting Plans. Exiting plans which are to be approved by the fire chief shall be posted on the room side of the entry door for each guest room.
    (2)    Placards. Placards with exit instructions for elevators and stairwells and other placards shall be posted in locations approved by the fire chief.
(i)    Fire Drills. The management for each hotel subject to the provisions of this article shall conduct fire drills for staff and employees at least once every 180 days. A written record of each drill shall be maintained in the hotel management's office and made available to the fire department for review.
(Sec. 19A-2.3, R.O. 1978 (1983 Ed.); Am. Ord. 01-53)

Sec. 20-2.3A    Requirements--Existing business buildings.
    For an existing business building:
(a)    Automatic Sprinkler System.
    (1)    An automatic sprinkler system shall be provided throughout the entire existing business building. The
        installation of the system shall be in accordance with the building code.
    (2)    This subsection shall not apply to a telecommunications building for which the council approves a fire
        safety agreement* which includes the following requirements:
        (A)    All exit stairwells are automatically pressurized for smoke control when the fire alarm
            system activates;
        (B)    Smoke seals are installed on all exit stairwell doors and exit stairwell door frames;
        (C)    Smoke detectors are provided in all offices or other occupied spaces;
        (D)    All exit stairwells that service floors located more than 100 feet above the lowest level of fire
            department vehicle access have a standpipe system;
        (E)    The maximum travel distance to a fire extinguisher in the building is 50 feet; and
        (F)    Such other requirements for the protection of public safety.
    (3)    For the purposes of this subsection:
        (A)    “Access tandem” means a switching system that:
            (i)    Provides a traffic concentration and distribution function for interstate
                telecommunications services originating from or terminating in the state; and
            (ii)    Enables any person engaged for hire in providing interstate telecommunications
                services to reach all local telecommunications users through facilities connected to
                all central offices in the state;
        (B)    “Central office” means a switching unit having the necessary equipment and operating
            arrangements for terminating or interconnecting access lines, toll lines, and trunks;
        (C)    “Enhanced 911 switch” means a switch that permits a wire line telecommunications user to
            call emergency services through a public safety answering point operated by an authorized
            government entity that includes the ability to provide automatic number identification to
            enable the public safety answering point to call the wire line telecommunications user if the
            call is disconnected, and automatic location identification for emergency service providers to
            identify the listed address or geographic location of the wire line telecommunications user;
        (D)    “Interstate telecommunications services” means telecommunications services between a
            point located in the state and a point located outside the state;
        (E)    “Telecommunications building” means any existing business building with a central office
            used by a telecommunications carrier to provide telecommunications services, provided that
            the building contains:
            (i)    An access tandem; or
            (ii)    An enhanced 911 switch;
        (F)    “Telecommunications carrier” means any person that owns, operates, manages, or controls
            any facility used to furnish telecommunications services for profit to the public, or to classes
            of users so as to be effectively available to the public, engaged in the provision of services,
            such as voice, data, image, graphics, and video services, that make use of all or part of the
            person’s transmission facilities, switches, broadcast equipment, signaling, or control devices;
            and
        (G)    “Telecommunications services” means the offering of transmission between or among points
            specified by a user, of information of the user’s choosing, including voice, data, image,
            graphics, and video without change in the form or content of the information, as sent and
            received, by means of electromagnetic transmission, or other similarly effective means of
            transmission, with or without benefit of any closed transmission medium; provided,
            however, that the term does not include the one-way transmission to subscribers of video
            programming or other programming service, regardless of whether subscriber interaction is
            required for the selection of video programming or other programming service.
    (4)    If a building ceases to be a telecommunications building, the building owner or an authorized
        representative shall notify the fire chief in writing within 60 days that the building is no longer a
        telecommunications building, and shall submit with the notice a schedule for compliance with this
        subsection. A building that ceases to be a telecommunications building shall comply with this
        subsection within three years following the date the notice and schedule for compliance with this
        subsection are received by the chief.
(b)    Smoke Detectors. Smoke detectors shall be provided in every mechanical equipment, electrical, transformer, telephone equipment, elevator machine or similar room and in elevator lobbies. The installation of the smoke detectors shall be in accordance with the building code. Smoke detectors shall be connected to an automatic fire alarm system installed in accordance with the fire code.
(c)    Corridor Doors. All doors opening into interior exit corridors shall be in accordance with the building code; except that 1 3/4-inch bonded, solid-core wood doors need not be replaced.
(d)    Exit Stairwell Doors. All stairwell doors, which are to be locked to prevent entry from the stairwell side, shall be automatically unlocked without unlatching when the fire alarm system activates or upon power failure.
(e)    Fire Alarm Systems. When actuated, fire alarm-initiating devices shall activate an alarm signal which is audible throughout the existing business building or in designated portions of the building when approved by the fire chief. The alarm signal shall be a distinctive sound, which is not used for any purpose other than the fire alarm. Fire alarm-initiating devices shall be connected to an annunciator panel which panel shall be located in the first floor lobby area or other area approved by the fire chief.
(f)    Emergency Power. Emergency power shall be provided for exit signs, exit illuminations, and fire alarm systems. Such emergency power shall be supplied by a generator or an approved battery or other approved source of energy.
(g)    Emergency Plan. The management or owner of each existing business building shall establish and maintain a written fire and life safety emergency plan, which is to be reviewed by the fire chief and which shall be updated annually. The fire chief shall develop written criteria and guidelines upon which all plans shall be based.
(h)    Exiting Plans and Placards.
    (1)    Exiting Plans. Exiting plans which are to be reviewed by the fire chief shall be posted on each floor at each elevator lobby.
    (2)    Placards. Placards with exit instructions for elevators and stairwells and other placards shall be posted in locations approved by the fire chief.
(i)    Fire Drills. The management or owner of each existing business building shall conduct fire drills for staff and employees at least once every 180 days. A written record of each drill shall be maintained in the management office of the building and made available to the fire chief for review.
(Added by Ord. 01-53; Am. Ord. 02-65)
[* Editor’s Note: A fire safety agreement is attached to Ord. 02-65 as “Exhibit A” and is on file with the office of the city clerk.]
Sec. 20-2.4    Permit required.
    A building permit shall be obtained whenever required by Chapter 18, ROH 1990. (Sec. 19A-2.4, R.O. 1978 (1983 Ed.))

Sec. 20-2.5    Compliance.
(a)    Authority. The fire chief is authorized to require compliance with the provisions of this article.
(b)    Examination and Furnishing of List to Owner or Operator. The fire chief shall examine each hotel and existing business building subject to this article. Upon the completion thereof the fire chief shall immediately furnish to the owner or operator of the hotel or existing business building a written list of items required to achieve compliance with this article.
(c)    Compliance Schedule.
    (1)    Sixty Days. Each hotel or existing business building shall comply with subsections (g), (h), and (i) of Section 20-2.3 or 20-2.3A, as applicable, within 60 days after the receipt of the written list.
    (2)    One Year. The owner or an authorized representative of each hotel or existing business building shall submit plans to the fire chief showing intended methods of compliance with subsections (a) through (f) of Section 20-2.3 or 20-2.3A, as applicable, within one year after receipt of the written list.
    (3)    Five Years. Each hotel or existing business building shall comply with subsections (a) through (f) of Section 20-2.3 or 20-2.3A, as applicable, within five years after receipt of the written list.
(d)    Deviation and Extension of Time. Deviations or extensions of time shall be allowed by the fire chief for good cause shown for a period not to exceed two years.
(Sec. 19A-2.5, R.O. 1978 (1983 Ed.); Am. Ord. 01-53)

Sec. 20-2.6    Appeals.
    Any appeal from the decision of the fire chief involving the denial of any deviation or extension of time may be submitted to the board of appeals as specified in the building code. The board may grant a deviation or extension of time if it finds that the time period appealed from poses an undue hardship, provided the total time of compliance shall not exceed seven years from the receipt of the written list of items as specified in Section 20-2.5. (Sec. 19A-2.6, R.O. 1978 (1983 Ed.))

Sec. 20-2.7    Severability.
    If any section, subsection, paragraph, sentence, clause or phrase of this article is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this article. (Sec. 19A-2.7, R.O. 1978 (1983 Ed.))

Sec. 20-2.8    Rules and regulations.
    Subject to HRS Chapter 91, the fire chief shall promulgate rules and regulations having the force and effect of law for the implementation, administration and enforcement of this article. (Sec. 19A-2.8, R.O. 1978 (1983 Ed.))

    Article 3. Examination and Approval of Plans by Fire Chief

Sections:
    20-3.1    Submission of building plans for approval to fire chief.
    (20-3.2    Scope. Repealed by Ord. 02-47.)
    20.3.2    Reserved.
    20-3.3    Approval or disapproval of plans.
    (20-3.4    Penalty. Repealed by Ord. 02-47.)
    20-3.4    Reserved.
    (20-3.5    Enforcement of fire regulations--Hearings and appeals. Repealed by Ord. 02-47.)
    20-3.5    Reserved.

Sec. 20-3.1    Submission of building plans for approval to fire chief.
    The submission of building plans shall be pursuant to the requirements of HRS Section 132-9. (Sec. 13-26.1, R.O. 1978 (1983 Ed.); Am. Ord. 96-58, 02-47)

Sec. 20-3.2    Scope. Repealed by Ord. 02-47.)
Sec. 20-3.2    Reserved.

Sec. 20-3.3    Approval or disapproval of plans.
    The fire chief shall approve or disapprove plans and specifications within 30 calendar days after their receipt; otherwise, the plans and specifications shall be deemed to be approved. Whenever the fire chief finds that the building to be constructed, or upon which alterations and additions are to be made, is for any reason not reasonably safe from loss or damage to property or loss of life or injury to persons by fire, the fire chief shall disapprove the plans and specifications, and return them with a written statement setting forth the reasons for the disapproval. (Sec. 13-26.3, R.O. 1978 (1983 Ed.); Am. Ord. 02-47)