D.C. Mun. Regs. tit. 12, r. 12-G704

Current through Register Vol. 71, No. 36, September 6, 2024
Rule 12-G704 - FIRE PROTECTIONS SYSTEMS

Insert a new Section 704.1.3 into the Property Maintenance Code to read as follows:

704.1.3

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 Sections 704.2 and 704.2.1 in the International Property Maintenance Code in their entirety and insert new Sections 704.2 and 704.2.1 in the Property Maintenance Code in their place to read as follows:

704.2

Smoke Alarms. Single- or multiple-station smoke alarms shall be installed and maintained in existing Group I- 1 and R occupancies, regardless of occupant load, in accordance with this Section 704.2 and Sections 704.2.1 through 704.2.3. These alarms shall be installed:

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

Installation near cooking appliances or bathrooms

704.2.1.1

Installation near cooking appliances. Smoke alarms shall not be installed in the following locations unless this would prevent placement of a smoke alarm in a location required by Section 704.2.

1. Ionization smoke alarms shall not be installed less than 20 feet (6096 m) horizontally from a permanently installed cooking appliance.
2. Ionization smoke alarms with an alarm-silencing switch shall not be installed less than 10 feet (3048 mm) horizontally from a permanently installed cooking appliance.
3. Photoelectric smoke alarms shall not be installed less than 6 feet (1829 mm) horizontally from a permanently installed cooking appliance.

Exceptions:

1. Where smoke detectors connected to a fire alarm system in accordance with Section 704.2.4 have been installed as a substitute for smoke alarms.
2. Existing Group R- 2 and R- 3 occupancies, and dwellings not regulated as Group R occupancies, that, on or before March 28, 2017, complied with the requirements of Section 704.2.
704.2.1.2

Installation near bathrooms. Smoke alarms shall be installed not less than 3 feet (914 mm) horizontally from the door or opening of a bathroom that contains a bathtub or shower unless this would prevent placement of a smoke alarm required by Section 704.2.

Exceptions:

1. Where smoke detectors connected to a fire alarm system in accordance with Section 704.2.4 have been installed as a substitute for smoke alarms.
2. Existing Group R- 2 and R- 3 occupancies, and dwellings not regulated as Group R occupancies, that, on or before March 28, 2017, complied with the requirements of Section 704.2.

[No change to Sections 704.2.2 through 704.2.3 of the International Property Maintenance Code.]

Strike Section 704.2.4 of the International Property Maintenance Code in its entirety and insert new Section 704.2.4 in the Property Maintenance Code in its place to read as follows:

704.2.4

Smoke detection system. Smoke detectors listed in accordance with UL 268 and provided as part of the building's fire alarm system shall be an acceptable alternative to single- and multiple-station smoke alarms and shall comply with the following:

1. The fire alarm system shall comply with all applicable requirements in Section 907 of the Fire Code.
2. Activation of a smoke detector in a dwelling or sleeping unit shall initiate alarm notification in the dwelling or sleeping unit in accordance with Sectio n 907.5.2 of the Fire Code.
3. Activation of a smoke detector in a dwelling or sleeping unit shall not activate alarm notification appliances outside of the dwelling or sleeping unit, provided that a supervisory signal is generated and monitored in accordance with Section 907.6.5 of the Fire Code.

Insert a new Section 704.3 into the Property Maintenance Code to read as follows:

704.3

Additional requirements for buildings with manual fire alarm boxes The provisions in Sections 704.3.1 to 704.3.3 shall apply to buildings with manual fire alarm boxes.

704.3.1

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

704.3.2

Fire alarm signage. Where manual 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.

704.3.3

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 (2016 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.

Insert new Sections 704.4, 704.5 and 704.6 into the Property Maintenance Code to read as follows:

704.4

Rental Units. Where the owner of a rental unit 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 in writing that installation, replacement or repair of a smoke alarm is required by Section 704.2 and request that the owner take appropriate action; (b) the owner fails to take the requested action within ten (10) days after such request or such later date as mutually agreed; and (c) 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 rental unit pursuant to procedures governing landlord tenant relationships set forth in Title 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 rental unit for purchase, installation or maintenance of smoke alarms under this section.

704.4.1

Emergency measures. The failure of an owner of a rental unit 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.

704.4.2

Owner responsibility. Except as provided in Section 704.4.4, no act or omission by a tenant under this Section 704.4 shall relieve the owner of responsibility to ensure full and continuing compliance with Section 704.

704.4.3

Tenant responsibility. Except as provided in Section 704.4.4, nothing in this Section 704.4 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.
704.4.4

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.

704.4.5

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.

704.5

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.
704.6

Smoke Alarm Maintenance and Testing. The owner of a rental unit, occupied in whole or in part by a tenant(s), shall conduct annual inspections of smoke alarms and detection systems, and shall provide reasonable notice of such inspection to tenant(s) where the alarm or detection system is located, in whole or in part, in the tenant's rental unit. The tenant(s) of such rental unit shall promptly report any defects of such devices to the owner or operator.

D.C. Mun. Regs. tit. 12, r. 12-G704

Final Rulemaking published at 67 DCR 5679 (5/29/2020)