SUBSTITUTE ORDINANCE NO. BL2009-442

BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Chapter 10.64 of the Metropolitan Code is hereby amended by deleting Section 10.64.012 in its entirety and substituting in lieu thereof the following new Section 10.64.012:
10.64.012 Amendments to the 2006 NFPA 1 Uniform Fire Code.
The following amendments, deletions, or additions to the 2006 Fire Prevention Code are adopted by reference, as though fully copied into such Fire Code, and thereby made a part of the Metropolitan Fire Prevention Code.

A. Section 1-7 of the 2006 edition of the NFPA 1, Fire Prevention Code, which is part of the National Fire Codes, is hereby amended by adding the following new subsection 1.7.3.3:
Section 1.7.3.3 The provisions of this code do not apply to one and two family dwellings in the normal use or maintenance thereof.
Exception No. 1: This code shall apply whenever the activity or use of such dwelling creates a fire hazard to life or property.
Exception No. 2: Where provisions of annexed codes specifically apply to one or two family dwellings.
Exception No. 3: This code shall apply to one and two family dwellings for access of emergency vehicles and fire protection water supply.
Exception No. 4: This code shall apply for fire investigations.

B. Section 1.10 Board of Appeals of the 2006 edition of the NFPA 1 Uniform Fire Code, which is a part of the National Fire codes, is deleted in its entirety and the following paragraph is substituted in lieu thereof:
The Board of Appeals created and empowered to act on all appeals under this Metropolitan Fire Prevention Code shall be the Metropolitan Board of Fire and Building Code Appeals (Board) as established and provided for in the Metropolitan Code of Laws, Chapter 2.80 and Section 16.08.010. The Board shall hear all appeals for variances in or interpretations of this Metropolitan Fire Prevention Code by the Fire Marshal of the Metropolitan Government. When acting under this Metropolitan Fire Prevention Code, the Board shall transmit its decisions to the Fire Marshal.

C. Section 1.12 of the 2006 Edition of the NFPA 1 Uniform Fire Code, which is a part of the National Fire Code, is hereby amended by adding the following subsection 1.12.2.5 and 1.12.21:
Section 1.12.2.5 Permit approval shall be obtained and issued prior to the construction, alteration, repair, equipment, maintenance process, display, storage or use for the purpose in which the permit was issued.
Section 1.12.21 Permit fees shall be established by the authority having jurisdiction.
D. Table 1.12.20(a) of the 2006 edition of the NFPA 1 Uniform Fire Code which is a part of the National Fire Code, is hereby amended by adding the following operations:
TABLE INSET:
Operations and Materials Permits Required
Special Events As deemed necessary by the authority having Jurisdiction (AHJ) when a Fire Watch is required by the AHJ to assure life safety during the event.
E. Section 3.3.165 of the 2006 edition of the NFPA 1 Uniform Fire Code, which is a part of the National Fire Code, is hereby amended by adding the following subsection 3.3.165.19.2:
Section 3.3.165.19.2 Bed and Breakfast Homestay. A private home, inn or other unique residential facility located in a structure of historical significance as defined in Tennessee Code Annotated Section 68-14-503 (3), offering bed and breakfast accommodations and one (1) daily meal and having less than four (4) guest rooms furnished for pay, with guest staying not more than fourteen (14) days, and where the innkeeper resides on the premises or property, or immediately adjacent to it. Guest rooms shall be established and maintained distinct and separate from the innkeeper's quarters.
F. Section 3.3.230 of the 2006 edition of the NFPA 1 Uniform Fire Code, which is a part of the National Fire Code, is hereby amended by deleting the subsection 3.3.230 and substituting the following:
Section 3.3.230 Street Floor--A story or floor level accessible from the street or from the outside of a building at ground level, with the floor level at the main entrance located not more than three risers above or below ground level and arranged and utilized to qualify as the main floor or level of exit discharge.
G. Chapter 3 (Definitions) of the 2006 edition of the NFPA 1 Uniform Fire Code, which is a part of the National Fire Code, is hereby amended by adding the following new definitions:

3.3.255 EXISTING, LEGAL BUILDING LOT.
An existing, legal building lot shall include the following:
(1) Infill Lot. A lot in an established one- and two-family or townhouse dwelling subdivision in which the following infrastructure elements are in existence at the time of the adoption of this ordinance: water mains, fire hydrants, and streets with existing homes constructed. This lot was not sold or built upon during the initial phase of construction or the original home was demolished to make way for new construction;
(2) All one- and two-family or townhouse dwelling lots in phases and sections of subdivisions for which an approved final plat was recorded at the Davidson County Register of Deeds Office prior to the adoption of this ordinance; or
(3) All lots in all future phases or sections of one- and two-family or townhouse dwelling subdivisions that were granted preliminary approval by the Metropolitan Planning Commission prior to the adoption of this ordinance and for which the plans have not materially changed since the time of preliminary approval, as determined by the Fire Marshal.

H. Section 11.1 of the 2006 Edition of the NFPA 1 Uniform Fire Code, which is a part of the National Fire Code, is hereby amended by deleting the subsection 11.1.5 and substituting the following:
11.1.5 Extension cords shall not be used as a substitute for permanent wiring. Surge protectors for sensitive electrical equipment only and power strips in healthcare facilities meeting NFPA 99-8.25.2.1.7 requirements may be allowed. Piggy back use of devices is prohibited.
I. Section 11.5.2 of the 2006 Edition of the NFPA 1 Uniform Fire Code, which is a part of the National Fire Code, is hereby amended by adding the following subsection 11.5.2.4:
Section 11.5.2.4 Use of portable kerosene heaters can be prohibited by the AHJ.
J. Section 13.3.2.6 of the 2006 Edition of the NFPA 1 Uniform Fire Code, which is a part of the National Fire Code, is hereby amended by deleting subsection 13.3.2.6.1 in its entirety and substituting in lieu thereof the following new subsection 13.3.2.6.1:
13.3.2.6 Where the occupant load exceeds 200, the following existing assembly occupancies shall be protected throughout by an approved, supervised automatic sprinkler system in accordance with NFPA 13 not later than June 1, 2012.
(1) Bars with Live Entertainment
(2) Dance halls
(3) Discotheques
(4) Nightclubs
(5) Assembly occupancies with festival seating

Regardless of occupant load, any of the occupancies listed above that have been cited with:
(1) overcrowding;
(2) locked or blocked fire exits;
(3) unpermitted pyrotechnics; or,
(4) the use of props or displays not meeting applicable flame spread requirements

shall be subject to automatic fire sprinkler system requirements as ordered by the fire code official.

For purposes of this section, “live entertainment” shall include any live performance such as live music, dancing, stage acts, disc jockey, or other entertainment that in the opinion of the fire code official could cause a distraction to the audience in the case of a fire or emergency in such a manner as to delay normal exiting from the facility. A mere occasional or infrequent live performance, scheduled or unscheduled, that is incidental or not part of the regular venue of the occupancy shall not be considered live entertainment. In all cases the fire code official has the authority to determine the circumstances that constitute “live entertainment”.
K. Section 13.3.2.15 of the 2006 Edition of the NFPA 1 Uniform Fire Code, which is a part of the National Fire Code, is hereby amended by adding an exception to subsection 13.3.2.15.4:
Section 13.3.2.15.4.1 In buildings classified as a high rise by this code, sprinklers will be required in all rooms including closets and bathrooms, regardless of size.
L. Section 13.3.2.24 of the 2006 Edition of the NFPA 1 Uniform Fire Code, which is a part of the National Fire Code, is hereby amended by deleting the provisions of such section in their entirety and substituting in lieu thereof the following new provisions:
13.3.2.24 High-Rise Buildings. High-rise buildings shall be protected throughout by an approved, supervised automatic sprinkler system in accordance with Section 9.7 immediately; or by June 1, 2012 if such high-rise has a Fire Watch program as defined in 3.3.91 and is equipped with a standpipe and hose system installed in accordance with NFPA 14, Standard for the Installation of Standpipe and Hose Systems. A sprinkler control valve and a waterflow device shall be provided for each floor.
M. Section 13.3.3 of the 2006 Edition of the NFPA 1 Uniform Fire Code, which is a part of the National Fire Code, is hereby amended by deleting the subsection 13.3.3.4.4.1 and substituting the following:
Section 13.3.3.4.4.1 Corrections and repairs shall be performed by an approved Tennessee licensed sprinkler contractor.
N. Section 13.4.2 of the 2006 Edition of the NFPA 1 Uniform Fire Code, which is a part of the National Fire Code, is hereby amended by deleting the subsection 13.4.2.1.1 and Table 13.4.2.1.1 and substituting the following:
Section 13.4.2.1.1 Fire pump enclosures shall be reinforced concrete block or 2 hour concrete enclosures.
O. Section 13.5 of the 2006 Edition of the NFPA 1 Uniform Fire Code, which is a part of the National Fire Code, is hereby amended by adding the following subsection 13.5.3.2:
Section 13.5.3.2 Backflow prevention devices on automatic fire extinguishment systems shall be serviced by an approved Tennessee Licensed sprinkler contractor.
P. Section 13.6.1 of the 2006 Edition of the NFPA 1 Uniform Fire Code, which is a part of the National Fire Code, is hereby amended by adding the following occupancy to the subsection Table 13.6.1.2:
Section 13.6.1.2 and table 13.6.1.2:
TABLE INSET:
Occupancy Use Where Required
Historic Bed & Breakfast Yes
Q. Section 13.7.4.4 of the 2006 Edition of the NFPA 1 Uniform Fire Code, which is a part of the National Fire Code, is hereby amended by adding the subsection 13.7.4.4.2:
13.7.4.4.2. Fire alarm and fire detection systems upon testing shall have displayed at the main fire alarm panel location a compliance tag/sticker. This tag/sticker shall bear the fire alarm contractor's name and phone number and a space for an inspection date. A green tag/sticker shall indicate that the alarm system has no deficiencies. A yellow tag shall indicate a system that is operational yet has trouble signals indicated. A red tag/sticker shall indicate any fire alarm system with deficiencies that leaves the system inoperable. The red and yellow tag/sticker shall remain in place until repairs are completed.
R. Section 18.3. of the 2006 Edition of the NFPA 1 Uniform Fire Code, which is a part of the National Fire Code, is hereby amended by deleting the subsection 18.3.1 and substituting the following:
Section 18.3.1 An approved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities, buildings, or portions of buildings are hereafter constructed or moved into the jurisdiction. The required fire flow shall meet the requirements of Annex H of this code, as amended.
S. Section 31.3.2. of the 2006 Edition of the NFPA 1 Uniform Fire Code, which is a part of the National Fire Code, is hereby amended by deleting the subsection 31.3.2.1.11 and substituting the following:
Section 31.3.2.1.11 Combustible waste materials such as bark, sawdust, chips, and other debris shall not be permitted to accumulate in a quantity or location that constitutes an undue fire hazard as determined by the AHJ.
T. Section 41.1.5 of the 2006 Edition of the NFPA 1 Uniform Fire Code, which is a part of the National Fire Code, is hereby amended by adding the following new subsection:
41.1.5.1.1 Permits shall be obtained prior to hot works operation.
U. Section 42.2.7.2.5 of the 2006 Edition of the NFPA 1 Uniform Fire Code, which is a part of the National Fire Code, is hereby amended by adding the following sentence to subsection 42.2.7.2.5.4:
Section 42.2.7.2.5.4 The words "WARNING, No Smoking and Stop Motor" shall be at least four inches in height with a stroke width of one inch. They shall be in a contrasting color that is acceptable to the Authority Having Jurisdiction.
V. Section 65.9 of the 2006 Edition of the NFPA 1 Uniform Fire Code, which is a part of the National Fire Code, is hereby amended by deleting the subsection 65.9.2.2 and substituting the following:
Section 65.9.2.2 A separate permit, valid for the duration of the project but not to exceed one year, shall be required to conduct blasting operations.
W. Annex H (Fire Flow Requirements for Buildings) of the 2006 Edition of the NFPA 1 Uniform Fire Code, which is a part of the National Fire Code, is herby amended by adding the following sentence at the end of the first paragraph:
All new one- and two-family and townhouse dwellings not covered by Exception No. 1, Exception No. 2, or Exception No. 3 of H5.1 shall be required to meet the fire-flow requirements of Annex H.
X. Annex H (Fire Flow Requirements for Buildings) of the 2006 Edition of the NFPA 1 Uniform Fire Code, which is a part of the National Fire Code, is herby amended by adding the following new exception to subsection H.4.2:
H.4.2 Exception Area Separation. Exception: Provided that townhouses, as defined by the International Residential Code, are separated with approved two-hour fire rated construction, the square footage of one unit only shall be utilized for the purposes of calculating needed fire flow. Such fire-flow requirements remain effective regardless of the number of attached townhouses, provided that an approved four-hour fire wall separates each row of eight units or that all units are equipped with either a NFPA 13D, NFPA 13R, or NFPA 13 automatic fire sprinkler system.

Y. Section B105.1 of Appendix B is hereby amended by adding the following new exception No. 2.
B105.1 One- and two-family dwellings. Exception No. 2: One- and two-family and townhouse dwellings not greater than 3600 square feet which are constructed on existing, legal building lots, as defined in Section 202, are not subject to Appendix B if they:
(1) Meet definition #1 of "existing, legal building lot" and meet the fire-flow requirements of the Insurance Services Office (ISO) Formula for Needed Fire Flow; or
(2) Meet definition #1 of “existing, legal building lot” and have a fire hydrant within 500 feet of all parts of the home, measured by way of hard surface road, and the hydrant flows at least 750 gpm with 20 psi residual pressure; or
(3) Meet definition #1 of “existing, legal building lot” and have a fire hydrant within 500 feet of all parts of the home, measured by way of hard surface road, and the hydrant flows less than 750 gpm but not less than 500 gpm with 20 psi residual pressure and there is a secondary fire hydrant within 1,000 feet of the home that flows no less than 1,000 gpm with 20 psi residual pressure; or
(4) Meet definition #2 or definition #3 of “existing, legal building lot,” in which case they shall meet the fire-flow requirements set forth by the fire code official at the time the plat was approved or preliminarily approved. In the event the fire-flow requirements were not noted at the time of approval or preliminary approval, then Appendix B shall apply unless:
(a) There is a fire hydrant within 500 feet of all parts of the home, measured by way of hard surface road, and the hydrant flows at least 750 gpm with 20 psi residutal pressure; or
(b) There is a fire hydrant within 500 feet of all parts of the home, measured by way of hard surface road, and the hydrant flows less than 750 gpm but not less than 500 gpm with 20 psi residual pressure and there is a secondary fire hydrant within 1,000 feet of the home that flows no less than 1,000gpm with 20 psi residual pressure ; or
(c) The fire-flow requirements of the Insurance Services Office (ISO) Formula for Needed Fire Flow are met.

Exception No. 3 One-and two- family and townhouse dwellings which exceed 3,600 square feet and which are constructed on “existing, legal building lots” shall meet either the fire-flow requirements of the Insurance Service Office (ISO) Formula for Needed Fire Flow or Annex H of the Uniform Fire Code.

Section 2. Section 10.64.015 of the Metropolitan Code, Amendments to the 2006 NFPA 101 Life Safety Code, is hereby amended by adding the following provision as subsection J., and re-lettering the remaining subsections accordingly:
J. Section 13.3.5 of the 2006 Edition of the NFPA 101 Life Safety Code, which is a part of the National Fire Code, is hereby amended by deleting subsection 13.3.5.1 in its entirety and substituting in lieu thereof the following new subsection 13.3.5.1:
13.3.5.1 Where the occupant load exceeds 200, the following existing assembly occupancies shall be protected throughout by an approved, supervised automatic sprinkler system in accordance with NFPA 13 not later than June 1, 2012.
(1) Bars with Live Entertainment
(2) Dance halls
(3) Discotheques
(4) Nightclubs
(5) Assembly occupancies with festival seating

Regardless of occupant load, any of the occupancies listed above that have been cited with:
(1) overcrowding;
(2) locked or blocked fire exits;
(3) unpermitted pyrotechnics; or,
(4) the use of props or displays not meeting applicable flame spread requirements

shall be subject to automatic fire sprinkler system requirements as ordered by the fire code official.

For purposes of this section, “live entertainment” shall include any live performance such as live music, dancing, stage acts, disc jockey, or other entertainment that in the opinion of the fire code official could cause a distraction to the audience in the case of a fire or emergency in such a manner as to delay normal exiting from the facility. A mere occasional or infrequent live performance, scheduled or unscheduled, that is incidental or not part of the regular venue of the occupancy shall not be considered live entertainment. In all cases the fire code official has the authority to determine the circumstances that constitute “live entertainment”.

Section 3. Section 10.64.017 of the Metropolitan Code, Amendments to miscellaneous NFPA codes and standards, is hereby amended as follows:
1. By deleting subsection G. in its entirety and substituting in lieu thereof the following new subsection G.:
G. Section 7.3 of the 2003 Edition of NFPA 14 Standard for the Installation of Standpipe and Hose Systems is hereby amended by adding the following new subsection:
7.3.2.4 Class I and Class III systems shall be provided with 2 ½ inch by 1 ½ inch reducer hose stations.
2. By deleting subsection H. in its entirety and substituting in lieu thereof the following new subsection H.:
H. Section 5.12.1.1 of the 2003 Edition of NFPA 20 Standard for the Installation of Stationary Pumps for Fire Protection, is hereby amended by deleting the subsection 5.12.1.1 and substituting the following:
5.12.1.1 Fire Pump enclosures shall be two (2) hour fire rated reinforced concrete or concrete block.
Exception: When it has been proven that an explosion hazard does not exist, fire pump enclosures can be of any two (2) hour fire rated construction.

Section 4. This Ordinance shall take effect from and after its enactment, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Rip Ryman, Buddy Baker