Article 03: Sprinkler Code

68-21.  Scope

21.1     This Article shall cover the requirements related to the installation and modification of automatic fire sprinkler systems.

68-22. Definitions

22.1     This Article shall be known as the "Durham Sprinkler Ordinance" and may be cited as such and may be referred to herein as "this Article" or "the Article."

22.2     Systems defined under NFPA 13, 13R, and 13D and their associated requirements shall be included under this Article.

22.3     The term “Living Area” is the sum of the finished areas of a building as shown on the Durham’s property tax assessment.

22.4     Whenever the term “Authority Having Jurisdiction” or the abbreviation “AHJ” is used in this Article, it shall be held to mean the Chief of the Durham Fire Department or his designated agent.

68-23.  Adoption of Standards

23.1    This Code recognizes the New Hampshire Fire Code as adopted by the State of New Hampshire pursuant to RSA 153:4-a and 153:5. The same are hereby adopted and incorporated as fully as if set out at length herein. Whenever the New Hampshire Fire Code as referenced herein and this Fire Prevention Code address an identical issue, the more stringent fire protection provision shall apply.

68-24.  Additions and Amendments

24.1     Sprinkler systems required.

This Article requires automatic fire sprinkler systems in existing dormitories, rooming houses, Boarding Houses, Hotels, Inns, Residential Multiunit, Mixed Use with Residential and Residence Multi-Unit buildings, as defined in Section 175-7 of the Durham Town Code, owned, occupied or controlled by single or multiple entities, such as recognized student organizations, and in any new business and/or mercantile and/or assembly occupancies in the Central Business, Church Hill, and Courthouse; and the Coe’s Corner District west of the Young Drive and Dover Road intersection including properties on Young Drive. 

24.1.1  Non-residential occupancies of less than 5,000 Square Feet of Living Area are exempted from this requirement provided that the system is not required by the state’s adopted building, fire & life safety codes. 

24.2     Time for compliance

24.2.1   New construction: Sprinkler systems shall be fully operational prior to issuance of a certificate of occupancy.

24.2.2   Existing construction: Property owners shall submit for review and approval an action plan that details how and when the sprinkler system will be fully operational.

24.3     Alarms

24.3.1   A flow indication alarm bell must be provided on the exterior of the structure above the Fire Department connection.

24.3.2   Electrical power for alarms shall be from a major appliance or lighting circuit with a breaker lock provided or from an approved fire alarm system.

24.4     Testing and maintenance is the owner's responsibility and shall be in compliance with the applicable NFPA, Inspection, Testing and Maintenance of Sprinkler Systems standards.

68-25.  Conflict with other provisions

25.1     Referenced standards. Where differences occur between this Article and referenced standards, the provisions of this Article shall prevail.

25.2     Other regulations. When regulations herein conflict with other regulations, the requirement yielding a higher level of safety shall apply.

68-26.  Permits and Approvals

26.1     Requirements for permitting and approval of automatic fire sprinkler systems covered under this Article are located under Chapter 68, Article I.

68-27.  Enforcement

27.1     The provisions of this Article shall be enforced by the Authority Having Jurisdiction or his designated agent as outlined by the State of NH RSA’s and the requirements within this Article.

27.2     The Chief of the Durham Fire Department or his designated agent is hereby authorized to request the assistance of the State Fire Marshal in the interpretation and enforcement of the State Fire Code.

68-28.  Violations and Penalties

28.1     Violations of or failure to meet any provisions under this Article are subject to fines and
penalties as set forth under the Town’s Master Fee Schedule, as amended on occasion. This includes failure to schedule and satisfactorily complete a required inspection prior to the expiration of the issued permit, and multiple inspection failures.

68-29.  Appeals

29.1     Any party aggrieved by a provision of these requirements or wishes to challenge the decision of an inspector enforcing these requirements may appeal to the Fire Chief in writing within thirty days of enforcement action.

68-30.  Updates

30.1     The Town Council will consider updates and amendments to this Article as necessary.