CODE OF ORDINANCES OF THE
CITY OF BURLINGTON, VERMONT

CHAPTER 13: FIRE PROTECTION AND PREVENTION

Effective November 25, 2009


Note:  The referenced Vermont Fire and Building Safety Code, 2006 edition is available for download here
 
The referenced NFPA codes are copywritten and available for purchase or FREE online viewing through www.nfpa.org

The referenced NFPA codes are also available for public viewing by appointment at the Office of the City Fire Marshal, located at 132 North Avenue, Burlington, Vermont.  Please call 864-5577 for an appointment.


Sec. 13-1.  Fire Code adopted.  

(a)   There is hereby adopted by the city the Vermont Fire and Building Safety Code as currently adopted by the State of Vermont. Except as to the extent that any sections thereof have been either deleted or modified by the terms of the currently adopted Vermont Fire and Building Safety Code, the city also adopts the editions of the NFPA 1 Fire Prevention Code and NFPA 101 Life Safety Code currently adopted by the State of Vermont.

(b)   In the event there is a conflict between the provisions of the code adopted by reference in this section and the other provisions of this Code or ordinances of the city, the other provisions of this Code or ordinances of the city shall prevail. 

(Rev. Ords. 1962, § 2070; 1969 Cum. Supp., § 2070; Ord. of 6-11-84; Ord. of 1-11-93; Ord. of 8-14-95; Ord. of 10-16-00; Ord. of 4-17-06/5-17-06) 

Cross references:  Building code adopted, § 8-2; electrical code adopted, § 12-1; gas codes adopted, §§ 15-1, 15-2; minimum housing standards, § 18-70 et seq. 

State law references:  Authority of municipality to adopt codes by reference, 24 V.S.A. § 3101(c). 

 

Sec. 13-2.  Placing rubbish and other waste within inner fire district prohibited.  

No person shall place or cause to be placed within twenty (20) feet of any building in the inner fire district, as defined in section 8-9, any rubbish, paper, shavings, waste, cartons or boxes, except in a container approved by the chief engineer of the fire department.

(Rev. Ords. 1962, § 2151) 

Cross references:  Inner fire district defined, § 8-9; restrictions on construction within inner fire district, § 8-10; garbage and refuse generally, § 14-1 et seq.   

 

Sec. 13-3. Fires prohibited.

(a)  No person shall build or attempt to build any type of fire, to any building, vehicle or structure, except within the standards adopted by section 13-1.

(b)  No person shall build an outside fire, open or contained in an incinerator, fireplace or other receptacle, or permit the same to remain burning at any time in the city without obtaining a written permit from the chief of the fire department, a deputy chief or one of the fire wardens of the city, except upon the terms and conditions of such permit.

 

Sec. 13-4. Carbon monoxide (CO) detectors. 

 (a)   Each and every dwelling, rooming house, dwelling unit or rooming unit let to another for occupancy shall meet the following requirements for Carbon Monoxide (CO) detectors/alarms:

 
Carbon monoxide detectors which are UL 2034 listed or approved by a nationally recognized independent testing laboratory shall be installed in all existing buildings in which people sleep, including where people rent accommodations whether for overnight or for a longer term, condominiums, multiple unit dwelling, and other occupancies in which there are rooms or spaces in which sleeping is permitted.  Such installation shall be in the vicinity of the sleeping areas and on every floor of the dwelling, installed in accordance with the manufacturer's instructions and state law. All newly installed carbon monoxide alarms (detectors) in one and two family, dwellings, multiple unit dwellings, lodging or rooming houses, hotels and dormitories, or other buildings in which people sleep, shall be directly wired to a non-dedicated electrical branch circuit for the building and by battery. Carbon monoxide detectors currently installed in existing one-two family dwellings shall be permitted to be powered by any approved source until the end of their service life (5 years from date of installation for CO detectors).  

(b)   In all existing buildings in which people sleep, including where people rent accommodations whether for overnight or for a longer term, condominiums, or multiple unit dwelling, anyone installing smoke detectors pursuant to section 18-99 of this Code of Ordinances after the effective date of this section shall install either a combination smoke detector/carbon monoxide detector device or a combination system providing smoke and carbon monoxide detection and alarm. Such installation shall be in the vicinity of the sleeping areas and on every floor of the dwelling, installed in accordance with the manufacturer's instructions and state law. 

(c)   The seller of a residential dwelling transferred by sale or exchange shall certify to the buyer that the dwelling is provided with the carbon monoxide detectors required in subsection (a). This certification shall be signed and dated by the seller and filed in the land records at the time of recording the transfer. If the buyer notifies the seller within ten days by certified mail from the date of conveyance that the dwelling lacks a carbon monoxide detector or that the detector is not operable, the seller shall comply with this section within ten days of notification. 

(Ord. of 9-19-05, eff. 10-19-05)

 

(d)  Where interconnected smoke detectors exist, the CO detection shall be interconnected as well, such that a CO alarm will meet current audibility requirements as adopted in NFPA 72 for smoke alarms. 

(e)  If a smoke detector is disconnected or disabled, that fact shall create a rebuttable presumption that the adult occupants of the dwelling unit were responsible for the act of disconnecting or disabling the smoke alarm.

(f)  No requirement of this section shall preclude the application of other more restrictive smoke alarm requirements which may pertain to the property, including, but not limited to, requested time of sales inspections pursuant to state law.

 

Sec. 13-5.  Smoke detectors.

(a) Each and every dwelling, rooming house, dwelling unit or rooming unit used for occupancy shall meet the following requirements for smoke detectors/alarms. 

(1)   Smoke detectors/alarms shall be installed in the following, areas: 

(A)   In every sleeping room or area;

(B)  Outside every sleeping room or area in the immediate vicinity of the sleeping room or area; and

(C)  On all levels of the dwelling, dwelling unit, rooming house, or rooming unit, including basements but excluding crawl spaces and unfinished attics.

(D)   Notwithstanding the above installation locations, detectors/alarms shall not be located within kitchens or garages or in other spaces where temperatures can fall below forty (40) degrees F (four (4) degrees C) or exceed one hundred (100) degrees F (thirty-eight (38) degrees C). Detectors/alarms shall not, unless specifically listed for the application, be located closer than three (3) feet (0.9 m) horizontally from:

(i)    The door to a kitchen.

(ii)   The door to a bathroom containing a tub or shower.

(iii)  The supply registers of a forced air heating or cooling system, and outside of the airflow from those registers.

 

(2)   Smoke detectors/alarms shall receive their operating power from the building electrical system but shall also receive power from a battery when the building electrical system power is interrupted. 

(3)   Smoke detectors/alarms within each dwelling unit or rooming unit shall be interconnected so that the sensing of smoke by one detector sounds the alarms of all detectors within that dwelling unit or rooming unit. 

(4)   Smoke detectors/alarms shall be approved or listed by a nationally recognize testing or listing agency for the purposes for which they are intended and conform with the requirements of the Vermont Fire and Building Safety Code. 

(5)   Smoke detectors/alarms shall be properly installed and shall be maintained in good working condition. 

(b)  All other dwellings, rooming houses, dwelling units or rooming units not covered by (a) shall have a smoke detector/alarm installed in compliance to the Vermont Fire and Building Safety Code.  Such smoke detectors/alarms shall be approved or listed by a nationally recognized testing or listing agency for the purposes  for which they are intended. 

(c )  If a smoke detector is disconnected or disabled, that fact shall create a rebuttable presumption that the adult occupants of the dwelling unit were responsible for the act of disconnecting or disabling the smoke detector.  

(d)  No requirement of this section shall preclude the application of other more restrictive smoke detector requirements which may pertain to the property, including but not limited to, time of sale requirements pursuant to state law.

Sec. 13-6. Obedience to orders at fire or other emergency required; only authorized persons to give orders.  

(a)   All firefighters and citizens shall be required to obey the orders and directions of the officers in command at a fire or other emergency and to render their services if ordered to do so. 

(b)   No person not a member of the fire department shall assume, without authority, control over any members of the department in respect to their duty.

(Rev. Ords. 1962, § 2001)

 

Sec. 13-7. Disorderly conduct at fires or other emergencies 

No person, while present at any fire or other emergency, shall willfully or unnecessarily recklessly inhibit operations, make outcries or other loud noises, or be guilty of disorderly conduct, or promote or encourage disorderly conduct in others.

 

Sec. 13-8. Equipment not to be taken outside city; exception. 

No emergency equipment belonging to the fire department shall be taken from the city at any time, except for the purpose of having the same repaired; provided, however, that in case of a fire or other emergency in a neighboring town or city, the chief engineer with the consent of the mayor, or in case he cannot be found, with the consent of one (1) of the fire commissioners or designee may order not more than one-half (1/2) of the fire apparatus of the city, accompanied by not more than one-half (1/2) of the members of the fire department on duty, to be taken to the town or city for the purpose assisting in extinguishing a fire or providing aid in an emergency. 

 

Sec. 13-9. Entry in area near fire or other emergency restricted. 

No person not a member of the fire department or police department shall, without the authority of an officer of one of such departments, enter upon any part of a street, lane or alley roped off, barricaded or plainly designated by the officers of any of such departments in any way for the use of the fire department in extinguishing a fire or abating other emergencies. For the protection of persons attending a fire or other emergency,  no person not a member of one of such departments shall enter on foot or with any animal or vehicle upon a street adjacent to a fire or other emergency within the block where and while such fire or other emergency  is in progress. 

 

Sec. 13-10.  Reward for information resulting in conviction of persons burning property.

The city council may offer a reward of not more than one thousand dollars ($1,000.00) for information which shall result in the detection and conviction of any person guilty of the malicious or felonious burning of property in the city.

(Rev. Ords. 1962, § 2006)

State law references:  Arson generally, 13 V.S.A. § 501 et seq. 

 

 

Sec. 13-11. Examination of hydrants, fireplugs; maintenance.   

(a) The director of the department of public works shall examine the hydrants and fireplugs belonging to the city annually and keep them in working order at all times, except when shut off for repairs; and shall cause all defects therein to be repaired without delay.  

(b) The director of the department of public works  shall conduct NFPA compliant flow tests on the city hydrant system every three years and provide a written copy of the test results to the fire department.  

(c) The director of the department of public works  shall ensure that all underground water pipes installed after the effective date of this ordinance are sized adequately to support a future fire sprinkler system in the occupancy to which they are attached.

(d) The director of the department of public works  shall ensure that all water pipes are installed and maintained properly  in accordance with State Law and the adopted codes and standards. 

(e) The director of the department of public works  shall ensure that all newly installed pipes be flushed and provide the property owner and the fire department with a flush and test report following the installation of municipal water pipes. 

 

 

Sec. 13-12.  Opening hydrant or fireplug.

 
No person shall open any hydrant or fireplug, or draw water therefrom, except the water commissioners or the superintendent of the city water department, or persons under their direction, or the officers of the fire department and members of the fire department under their direction for fire purposes.

(Rev. Ords. 1962, § 6014)

Cross references:  Water, Ch. 31. 

 

 

Sec. 13-13. Obstructions to fire protection systems, fire department connections or hydrants.

(a) No person shall tamper with or, by means of a vehicle, tree, landscaping, lumber, brick or building material of any kind, or other article of hindrance, obstruct the access to tofire protection systems or hydrants

connected with any water pipe within any street, alley or public place.  Access to fire department connections  or hydrants is defined as a six foot circle around the device and a six foot wide continuous path to the center of the public way, with the hydrant or fire protection system being the at center of this six foot path. 

(b) No person shall disable any fire protection system, fire department connection or fire hydrant. 

 

 

Sec. 13-14. False alarms prohibited; penalty. 

No person shall give or cause to be given a false alarm of fire or other emergency.  Not withstanding the provisions of Section 13-20 of this Chapter, any person who shall give or cause to be given a false alarm of fire or other emergency shall be guilty of a misdemeanor and upon a first conviction thereof shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by imprisonment for a term not to exceed one (1) year.  Upon conviction of any succeeding violation of this section, such person shall be punished by a fine of not less than two hundred dollars ($200.00) or more than five hundred dollars ($500.00), or by imprisonment for a term not to exceed one (1) year.

 

Sec. 13-15.  Person reporting fire to give name and address.

A person giving an alarm of fire shall give his name and address to the chief engineer of the fire department, or to the person designated to receive such reports, who shall place the same on file in his office.

(Rev. Ords. 1962, § 2009) 

 

Sec. 13-16. Removal of fire/life safety hazard. 

(a) The chief engineer or designee shall direct the owner or occupant of any building or premises to abate any unsafe condition, move to a place of safety, any unsafe or combustible materials which in his or her opinion shall expose the building or the surrounding or adjacent buildings or property to unnecessary hazard. The chief engineer or designee may also direct an owner or occupant to clear away from his building or premises debris or other materials resulting from fire, windstorm or other catastrophe within a reasonable time after the occurrence of such fire, storm or catastrophe.

(b) The chief engineer or designee may request the immediate assistance of any city inspector, or engineer to aid in the abating or mitigating of any unsafe condition. These officials shall respond in an expeditious manner when called. 

 

Sec. 13-17. Authority to order temporary discontinuance of use of heating device, furnace, oil burner, boiler, flue or chimney; inspections; appeals. 

(a)   The The chief engineer or designee may direct the owner or occupant of any building or premises in the city to discontinue, temporarily, the use of a heating device, furnace, oil burner, boiler, flue or chimney which said official shall deem unsafe to be used.

<>(b)   When such order has been given, the building inspector and the inspector of plumbing shall be notified and they shall at once examine the premises in question and order the owner or user of such heating device, furnace, oil burner, boiler, flue or chimney to make such alterations or repairs of the same as the inspectors shall deem necessary for protection against fires, carbon monoxide, and other harmful gases. When the required alteration is made to the acceptance of the building inspector and inspector of plumbing, they shall permit the owner or user of the heating device, furnace, oil burner, boiler, flue or chimney to resume use of the same.

(c)   Any person feeling aggrieved by the action of the inspector in determining whether an alteration or repair should be made, may appeal in writing to the board of public works commissioners who may make such order concerning the premises to the inspectors as the board shall deem wise; but pending such an appeal the owner or user of said heating device, furnace, oil burner, boiler, flue or chimney shall not resume the use of the same. 

 

Sec. 13-18. Performance of work by official. 

If any person shall neglect or refuse to comply with or obey a lawful order of  the chief engineer or designee .such official may, in their discretion, )do the work required by such order or cause the same to be done. The expense therefore with full costs may be recovered from the person so neglecting or refusing, in a suit brought in the name of the city against such person for labor performed and materials furnished.  All expenses, fees, costs or charges assessed pursuant to this section shall also be a tax lien upon the real estate pursuant to 32 VSA section 5061 so long as the lien is recorded in the office where the land records are kept but after said official shall commence the work required by said order, such person shall not be liable to the additional penalty provided in section 13-20.

 

 

Sec. 13-19.  Enforcement of chapter.

It shall be the duty of all members of the fire department and the police department to see that the provisions of this chapter are duly observed and that all violations of the same are promptly reported.

(Rev. Ords. 1962, § 2011)

 

 

Sec. 13-20. Penalties.

(a) Civil Offense

Any violation of any of the provisions of the Fire Code adopted in section 13-1, or any of the provisions of this chapter not specified in subsections (b) or (c) punishable as a civil offense and subject to a civil penalty of of $250.00, with a waiver penalty of $125.00. Each day that any violation continues shall be deemed a separate offense. The chief engineer, any chief officer, fire marshal, assistant fire marshal, public information officer,  fire inspector, fire warden, or any law enforcement officer may issue a municipal complaint for a violation of this chapter.

(b) Criminal Offense

The following violations shall be misdemeanors punishable by a fine of $500:

(1)  Willful and malicious violations of section 13-3(a),

(2)  Failing to correct any violation of the adopted fire code ordered to be corrected,

(3)  Committing  the same offense within a 12 month period,

(4)  Any violation , which poses a threat to life safety or prevents access or use of a building or premise. A threat to life safety includes but is not limited to: obstructing or tampering with the fire protection systems or life safety features of any building or outdoor assembly of persons,

(5)  Willfully ffailing to maintain a fire protection system,

(6)  )  Harassing, or interfering with any member of the fire department in the performance of their duties,

(7) Violations of 13-56 and 13-57:   the person responsible shall also be liable for the cost of repairs or replacement of damaged property and shall be responsible for the cost to the city from the response to the alarm. Each day that any violation continues shall be deemed a separate offense. In addition to the fine, the court shall order, as part of sentence, abatement of the conditions or infractions giving rise to the violation(s) of the code. 

(c) Serious Criminal Offense

The following violations shall be misdemeanors punishable by a fine of $500 and imprisonment for up to one year:

(1)  Willful and malicious violations of section 13-3(a) where the building, structure, or vehicle is occupied,

(2)  Any violation of the adopted fire code or ordinances which causes injury to other person(s),

(3)   Willfully or recklessly posing a serious threat to life safety.  A serious threat to life safety includes but is not limited to: causing a non-permitted smoke condition or noxious odor in a public building, blocked means

of egress, overcrowding, starting a fire in or near an outdoor assembly of persons, illegal use of pyrotechnics or explosives, disabling the fire protection systems or life safety features of any building or outdoor assembly of persons.

(4)  Violations of section 13-6, 13-7, or 13-13(b).

(5)  Physically assaults any fire official.

Each day that any violation continues shall be deemed a separate offense. In addition to the fine, the court shall order, as part of sentence, abatement of the conditions or infractions giving rise to the violation(s) of the code. 

(d)  All expenses, fees, costs or charges assessed pursuant to this section shall also be a tax lien upon the real estate pursuant to 32 VSA section 5061 so long as the lien is recorded in the office where the land records are kept. 

 

 Sec. 13-21 Suspension/revocation of permits and stop work orders  

The Fire Marshal’s Office may suspend permits, issue a stop work order and/or order a property vacated where a threat to public safety or other exigent circumstance exists.  Such permits may be revoked and future permits denied when a person, firm or corporation is convicted of  multiple violations of the fire code, ordinances, or ordinances or otherwise demonstrates a pattern of incompetence.. The failure to stop work when so ordered shall be a violation punishable pursuant to 13-20 (c)

 

Sec. 13-22. Inspections.

(a) General Fire Inspections

General fire inspections of public buildings shall be conducted at regular intervals by any person duly authorized by the chief engineer.

(b) Violation Notices

Upon finding any violation, a written notice will be provided to the property or business owner or their designee, and a reasonable amount of time shall be provided for the violations to be corrected. Nothing in this section shall preclude the authority having jurisdiction from issuing civil municipal complaints, seeking criminal charges, or initiating other legal actions as allowed under other sections of this ordinance.

(c) Re-inspection Fees.

There is no charge for the initial inspection or the first re-inspection.  If the owner fails to correct the violations in the time allotted in the notice, the owner shall be responsible for a re-inspection fee of seventy dollars ($75.00) for the second and any subsequent re- inspections, due and payable at the beginning of the second or subsequent re-inspection. Until all fees are  paid, the violations shall not be considered abated , and are subject to further penalties or legal action. Failure to pay the re-inspection fees in the time required is a violation punishable under section 13-20 (a). 

 

 

Sec. 13-23  -- 13-30. Reserved.

 

DIVISION 1. GENERALLY

Sec. 13-31. Powers and duties of chief engineer or designee generally. 

The chief engineer, subject to the direction of the fire commissioners, shall: 

(a)   Have the supervision, care and control of all equipment belonging to or used for the purposes of the fire department, and, in case of fire, of all hydrants. After the use of a hydrant the chief engineer or designee shall immediately report such use to the  director of the department of public works;

 (b)   Be responsible for the discipline, good order and proper conduct of the whole department;

 (c)   Report to the building inspector and other appropriate officials all violations of any ordinance or fire prevention and building safety code, establish fire districts, and regulate the construction of buildings with regard to fire protection systems; and

 (d)   Perform such other duties as may be required

  

Sec. 13-32. Powers of chief engineer or designee during fires.

 During the continuance of any fire or other emergency, the chief engineer or designee: 

(h) Take other such actions necessary to protect life and property.

 

Sec. 13-33.  Appointment of deputy chief engineer. 

For the purpose of making the inspections and facilitating the services required in this chapter, the chief engineer of the fire department may appoint in writing any member of the paid fire department as his deputy.

(Rev. Ords. 1962, § 2056)

 

Sec. 13-34. Powers and duties of deputies. 

The deputy chief engineers shall have and exercise the powers of a fire warden in making the inspections required in this chapter, shall exercise all the powers needed to perform the functions assigned by the chief engineer and shall report their findings to the chief engineer. 

 

Sec. 13-35. Number of deputies. 

There shall be only one (1) deputy chief engineer appointed for each ward of the city. The chief engineer shall appoint  the number of deputies necessary to perform the functions of this chapter. 

 

Sec. 13-36.  Term of deputies. 

The deputy chief engineers shall be appointed for a term of not less than six (6) months nor more than one (1) year.

(Rev. Ords. 1962, § 2056) 

 

Sec. 13-37.  Revocation of appointment. 

The appointment of a deputy chief engineer may be revoked at any time by the chief engineer.

(Rev. Ords. 1962, § 2056) 

 

Sec. 13-38. Fire wardens appointed. 

The city council shall annually, on the first Monday in June, appoint one (1) or more fire wardens, who shall be subject to the order and direction of the chief engineer of the fire department. The chief engineer or any member of the paid fire department may be appointed as fire warden. The chief engineer shall appoint a sufficient number of fire wardens necessary to perform the functions of this chapter. 

 

Sec. 13-39. Wardens to make inspections of buildings. 

The chief engineer, or designee shall make a careful inspection of all buildings and premises within the city and they shall at once, on the application of any trustworthy person or at the request of the chief engineer or of the mayor, inspect any building or premises situated in either fire districts and complained of as being unsafe or hazardous, or containing unsafe or combustible material. 

 

Sec. 13-40. Wardens to be permitted entry into premises. 

For the purposes of inspecting buildings, the chief engineer or any chief officer, fire marshal,  assistant fire marshal, fire inspector, fire warden or designee  may at all reasonable times have access to and enter into any and all premises and buildings in the city. 

 

Sec. 13-41. Refusal to permit entry. 

No person shall refuse to allow the chief engineer  or designee to enter upon or into his premises or buildings for the purposes provided in this chapter, or attempt to prevent the inspection required by this chapter, or obstruct such official in carrying out the provisions of this chapter. If required,  the chief engineer, or designee  when making an inspection shall show the owner or person in charge of such buildings or premises his appointment. 

 

Sec. 13-42.  Taking property of fire department prohibited. 

No person shall wrongfully appropriate, use, take away, conceal, or refuse or neglect to deliver to an authorized officer of the city or the fire department any property belonging to the city and used by or required for the use of the fire department.

(Rev. Ords. 1962, § 2008)

  

Sec. 13-43. Funds for relief of sick or disabled firemen firefighters. 

All money received by gift or retained by the city or by a company in the fire department for fines and forfeitures imposed upon members of the department for violation of the regulations, rules and orders of the department shall be appropriated for the relief of sick and disabled members, in good standing, of the fire department; provided such sickness or disability was caused while in the line of duty. 

 

Sec. 13-44. Authority having jurisdiction defined. 

For the purposes of this ordinance, "authority having jurisdiction," as defined in the NFPA 1 Fire Prevention Code shall mean and include the chief engineer, city fire marshal, assistant fire marshal, fire wardens, fire inspector, chief code enforcement officer or their designees.

 

Sec. 13-45.  Appeals. 

(a)   Appeals may be taken to the board of fire commissioners by any person, firm or corporation aggrieved by any decision, interpretation or order by the fire official made under the provisions of the code. A request for appeal shall be made in writing to the chief engineer within five (5) working days, excluding holidays and weekends, of receiving actual notice of the order or action complained of, setting forth the basis of the appeal. The chief engineer shall immediately forward the notice to the board of fire commissioners who shall meet within ten (10) working days of filing the notice of appeal. All hearings shall be public and all interested parties shall be given an opportunity to be heard and present evidence and arguments. A member of the commission shall not pass on any question in which that member has any financial or personal interest or which otherwise would constitute a conflict of interest.

(b)   A majority of the commission must be present to constitute a quorum. The commission shall affirm, modify or reverse an action appealed by a majority vote of the members present. The vote shall be an affirmance of the decision from which the appeal is taken. The commission shall give written notice of its decision, which shall include a statement of findings of fact and all necessary orders, to all interested parties within thirty (30) days of the last date of the hearing. The fire official may take action in accordance with the decision of the commission immediately upon the sending of the written decision.

(c)   Any interested person may appeal a decision of the commission by instituting relief in the Chittenden Superior Court under V.R.C.P. 74.

(Ord. of 6-11-84)

 

 

Sec. 13-46. Occupant load certificate. 

(a)   Annual inspection.  On an annual basis, the fire marshal's office shall be required to inspect each place of assembly in the city to determine the maximum number of occupants that should be permitted at each location as determined by the capacity and egress requirements of the city building, fire protection and life safety codes. For purposes of this section, a place of assembly is defined as a room or space, including all connected rooms or space with a common means of egress, accommodating fifty (50) or more individuals for social or amusement purposes or for the consumption of food and drink.  .  Places of assembly which are used exclusively as places of worship or education shall be inspected during the initial occupancy inspection, if there is a change of use, there is a physical change which effects the maximum permissible occupancy, or there is a change in the adopted codes which requires an inspection. 

(b)   Posting of certificate.  When all violations have been corrected and all fees paid in full, each place of assembly shall receive a certificate from the fire marshal's office stating the maximum number of occupants permitted at the site by the fire code. The business and/or property owner shall be responsible for installing the certificate in a conspicuous public location at the site and shall be responsible for the proper maintenance of the certificate.  The Occupancy Load Certificate shall become effective on the date of issuance and remain in effect until June 30, of the following year. 

(c) Fee.  An annual fee of one hundred forty-four $144.00 shall be charged to each place of assembly by the fire department for the cost of the inspection and certificate program. Occupancy load certificates issued during the billing cycle of July 1 to June 30 shall be pro-rated at a rate of $12.00 per month. Physical changes within an assembly that  affect the posted occupancy rating shall require a new inspection and if appropriate shall require the issuance of a new certificate.  The issuance of a new certificate shall require a new pro-rated fee to be paid for the months that the new certificate will be in effect.  All fees shall be due prior to issuance of each certificate.  The fee shall be due on July 1, 2001, and  annually on the first day of July thereafter. Places of assembly which are used exclusively as places of worship or education shall be exempt from  for the occupancy load certificate fee.

(d) Temporary Certificate. Provided all fees are paid and the place of assembly is making satisfactory progress toward correction of all violations, a temporary conditional certificate of occupancy may be issued for a period of up to ninety days at the discretion of the fire marshal’s office.  The conditions under which this temporary certificate is valid shall be printed on the certificate and visible to the occupants in a conspicuous public location at the site.

 

 

Sec. 13-47    Special events/festivals.

(a) The promoter of any special event or festival shall comply with the adopted fire codes, maintain adequate fire lanes, and have the fire marshal approve the location and size of all fire lanes, booths, stages, and other structures and equipment. The Burlington fire department is charged with sole responsibility of providing fire protection and EMS coverage for such events in the city. The fire department may modify these requirements based on the promoter’s history of compliance with the requirements of the adopted fire codes and adherence to the requirements of the codes and the Society of Fire Protection Engineers (SFPE) Fire Protection Handbook.

(b) Any special event or festival with an attendance of 1,000 persons or more shall be required to provide Burlington fire/EMS personnel specially and exclusively assigned to the event. The promoter of the event(s) shall be responsible for the cost of this additional coverage, which shall be at a rate of $35/hr for each person. A minimum of two firefighter/EMTs shall be hired for a minimum of 3 hours. The number of firefighters/EMTs and the time required for staffing shall be set by the fire department based on an assessment of the event and the location, weather, time, traffic impact, availability of alcohol, history of the event, or other identifiable safety factors, taking into account the requirements of the adopted fire codes and the SFPE Fire Protection Handbook. The promoter shall secure a signed staffing agreement with the fire department special events coordinator not less than seven work days prior to the event.

 

 

 

DIVISION 2. PROTECTION, PREVENTION, ALARM SYSTEMS, AND  PERMITS

 

Sec. 13-51.  Compliance with codes required. 

(a)   All fire protection, prevention, and alarm systems shall comply with the Vermont Fire and Building Safety Code currently in effect.

(b)   In the event there is a conflict between the provisions of the codes adopted by reference in this section and the provisions of the City Code of Ordinances, the city ordinances shall prevail.

(Ord. of 2-22-93; Ord. of 10-16-00; Ord. of 6-26-06/7-26-06)

 

Sec. 13-52.  Master fire alarm box. 

(a)   For purposes of this division, "master fire alarm box" shall mean the master control box at each site which will initiate automatic emergency notification to the fire department on the city's radio frequency system.

(b)   The location of the master alarm box at each site shall be approved by the fire marshal or his/her designee. No person shall have access to a master box unless authorized by the fire department. The fire department shall be given at least a twenty-four (24) hour advance notice for any prescheduled drills, maintenance or testing.

(Ord. of 2-22-93; Ord. of 6-14-93; Ord. of 10-16-00; Ord. of 6-26-06/7-26-06)

 

Sec. 13-53.  Permission required to connect to municipal system.

 No person shall install or connect any alarm system to the municipal fire alarm system without first obtaining final approval from the chief of the fire department, the fire marshal or his/her designee.

(Ord. of 2-22-93; Ord. of 10-16-00)

 

Sec. 13-54.  Installation and maintenance.

 The cost of any connection to the municipal fire alarm system, as well as all other costs due to the installation of any master box, shall be borne by the party installing the system. All installation and maintenance work on a master box and/or alarm system shall be performed by state-licensed fire alarm installers and shall be subject to the approval of the fire marshal. An initial connection fee of $450 shall be paid to the City by the owner of the property upon which the master box or alarm system is installed for the computer programming and signal strength testing by the City's alarm technician which is required to connect the Master Radio Call Box (MRCB) to the Burlington Emergency Communication Center (BECC) . A reprogramming fee of $150 shall be paid by the owner for any modification to an existing MRCB that requires reprogramming and testing by the City's alarm technician. Any additional work required on the MRCB system other than those specified in the City's alarm technician's MRCB programming guide shall be subject to a charge of $75/hr of the City's alarm technician's time. It shall be the property owner's responsibility to maintain the master box on his premises in working condition and good repair at all times.

(Ord. of 2-22-93; Ord. of 10-16-00; Ord. of 3-10-08, eff. 4-23-08)

 

Sec. 13-55.  Fire alarm system malfunction.

(a)   Defined.  For the purposes of this division, a malfunction is defined as the failure of a fire alarm system to operate in the normal or usual manner due to improper installation or maintenance and/or mechanical defect(s) in the system, resulting in the transmittal of an alarm signal to the Burlington Fire Department.   

(b)    Response Fee.  A response charge of sixty dollars ($60.00) $500 shall be imposed for an false alarm due to a system malfunction. Failure to pay the fee shall be a civil offense punishable pursuant to 13-20(a) 

 

Sec. 13-56. Damage to fire protection systems, fire department connections, or hydrants.  

No person shall destroy, deface or in any way damage any fire protection systems, fire department connections or hydrants.

 

Sec. 13-57. Intentional false alarms.

 Any intentional misuse of a fire alarm box that results in a false fire alarm from that property to the city fire alarm system shall be a violation of this division and will result in criminal prosecution of the person(s) committing the offense or aiding or abetting in the offense. In addition, the property owner may be held responsible for the costs to the city from the response to such alarm and/or for a penalty of one hundred dollars ($100.00). No person shall intentionally cause a false alarm or aid and abet the same. Any intentional misuse of a fire alarm box that results in a false fire alarm from a that property to the city fire alarm system shall be a violation of this division.

 

Sec. 13-58. Annual fee.

An annual fee shall be charged to the property owner in the amount of four hundred fifty dollars ($450.00) for each master box connected to the municipal fire alarm system. This charge will be assessed and collected annually, due in pro rata amount upon the effective date of this division and the first day of July thereafter. An administrative charge and/or interest shall be assessed for payments not received within thirty (30) days of the invoice from the department. Service calls by the fire marshal during normal working hours shall be included in this charge. Failure to pay the annual  fees in the time required is a violation punishable under section 13-20 (a).   

 

Sec. 13-59. Plans, permits and fees.

(a)   Submission.  Plans for fire prevention, protection, and alarm systems shall be submitted to the fire marshal for approval prior to any work being done. The fire marshal shall have up to thirty (30) days to review plans, make inspections, and issue a permit for the system, which may upon notification to the applicant be extended. Plans may be approved, rejected or be required to be amended. No plan shall be approved or permit issued unless all fees have been paid and satisfied.  Plans shall be submitted in both paper and electronic formats (PDF). 

(b)   Required information.  Fire prevention, protection, and alarm system plans shall include the floor plan with device locations, the wiring riser diagram, the complete equipment list and specifications, the type of occupancy, hazards, or unusual building features, and any other information required by the Vermont Fire and Building Safety Code as currently adopted by the State of Vermont. 

(c)   Fees.  The fire marshal shall receive the following fees for plan review and inspections: 

(1)   Specialty suppression systems.  Fees for plan review, rough-in inspection, and the final inspection shall be eleven dollars ($11.00) per one thousand dollars ($1,000.00) of the final contracted costs for systems containing proprietary blended inert gasses arranged in single or manifold pressurized cylinders, delivered through piping, and exhausted under pressure from a distribution appliance. Additional permitting, review and inspection fees may be applicable. The fee for the review of an amendment to a plan shall be fifty dollars ($50.00) per amendment submission plus one (1) percent of the increase in the net cost of the final contracted cost of the system. 

(2)   Hood suppression systems.  Fees for plan review, rough-in inspection, and the final inspection shall be forty dollars ($40.00) per one thousand dollars ($1,000.00) of the final contracted costs for hood suppression systems containing a proprietary blend of dry chemicals or wet agent arranged in single or manifold pressurized cylinders, delivered through piping and exhausted under pressure from a distribution appliance. Additional permitting, review and inspection fees may be applicable. The fee for the review of an amendment to a plan shall be fifty dollars ($50.00) per amendment submission plus four (4) percent of the increase in the net cost of the final contracted cost of the system. 

(3)   Fire sprinkler systems.  Fees for plan review, rough-in inspection, and the final inspection shall be eighteen dollars ($18.00) per one thousand ($1,000.00) of the final contracted costs for sprinkler, standpipe, and fire pump systems as those systems are defined in NFPA 13, NFPA 14 and NFPA 20. Additional permitting, review and inspection fees may be applicable. The fee for the review of an amendment to a plan shall be fifty dollars ($50.00) per amendment submission plus two (2) percent of the increase in the net cost of the final contracted cost of the system. 

Residential sprinkler systems (NFPA 13R), installed in residential properties of less than five (5) units, with the exception of an expedited permits, shall have the fee waived.

(4)   Fire alarm systems.  Fees for permit review, rough-in inspection, and the final inspection shall be thirty-one dollars ($31.00) per one thousand dollars ($1,000) of the final contracted costs for fire alarm systems, as they are defined in NFPA 72. Additional permitting, review and inspection fees may be applicable. Wireless smoke alarms installed in residential properties of less than eleven (11) units, with an associated control/monitoring/reset panel shall be considered a fire alarm system. The fee for the review of an amendment to a plan shall be fifty dollars ($50.00) per amendment submission plus three (3) percent of the increase in the net cost of the final contracted cost of the system. 

(5)   Standpipe systems.  Fees for plan review, rough-in inspection, and the final inspection shall be thirty-three dollars ($33.00) per one thousand dollars ($1,000.00) of the final contracted costs for standpipe systems as those systems are defined in NFPA 13, NFPA 14 and NFPA 20. Additional permitting, review and inspection fees may be applicable. The fee for the review of an amendment to a plan shall be fifty dollars ($50.00) per amendment submission plus three (3) percent of the increase in the net cost of the final contracted cost of the system. 

(6)   Fire pump systems.  Fees for plan review, rough-in inspection, and the final inspection shall be seven dollars ($7.00) per one thousand dollars ($1,000.00) of the final contracted costs for sprinkler, standpipe, and fire pump systems as those systems are defined in NFPA 13, NFPA 14 and NFPA 20. Additional permitting, review and inspection fees may be applicable. The fee for the review of an amendment to a plan shall be fifty dollars ($50.00) per amendment submission plus one (1) percent of the increase in the net cost of the final contracted cost of the system. 

(7)   Re-inspection fees.  A fee for the witnessing of a retest of any fire protection, prevention, or alarm system or the re-inspection of a system or any part thereof beyond the rough-in inspection and the final inspection shall be charged at a rate of fifty-five dollars ($55.00) per hour per inspector. This fee is payable by installing contractor prior to any retest. 

(8)   Expedited process fees.  Plans for systems with contracted costs valued at less than twenty thousand dollars ($20,000.00) may be reviewed and approved on an expedited process within ten (10) working days for a special fee of one hundred fifty dollars ($150.00) per hour paid in addition to all the applicable permitting fees. 

(9)   Phased-in installation inspection fees.  An additional fee of twelve (12) percent of the system fee shall be charged and paid when a permittee requests to phase in a system and inspections are required and conducted for each phase. 

(Ord. of 2-22-93; Ord. of 10-16-00; Ord. of 6-26-06/7-26-06)

 

Sec. 13-60.  Knox Boxes.

 (a)   All buildings having a fire alarm system and fire sprinkler systems shall be required to install key boxes or a so-called Knox Box. Existing buildings not currently in compliance shall comply with this requirement within one year of the effective date of this division.

(b)   The building owner shall be required to install in the key box all master keys to offices, electrical rooms, elevator equipment and all keys needed to reset fire alarm system.

(c)   If requested by the department, building owners shall be required to supply additional sets of keys as needed by the fire department to allow more than one team of firefighters to have access to areas of the building.

(d)   If requested by the fire department, more than one Knox Box may be required to facilitate multiple points of entry in large facilities.

(Ord. of 2-22-93; Ord. of 10-16-00)

(e)   All new fire alarm control panels shall be keyed with a standard Cat 30 key. Where a Cat 30 key is not practical, such as in an annunciator panel, an A135 key shall be used in its place.

(f)  Existing fire alarm control panel and remote annunciator access keys shall be converted to this standard within one year of the effective date of this ordinance during the required annual test and inspection by a third party on the owners behest.

 

 Sec 13-61.  Elevators.

The following standards shall be met on all elevators installed or permitted after the effective date of this ordinance: 

(1) Dimension:  All new elevator installations  shall comply with the applicable elevator code adopted by the State of Vermont. Not withstanding the applicable code adopted by the State, elevators  shall have minimum interior finished dimensions of eight feet by four feet and have an unrestricted door opening of not less than four feet.

(2) In existing elevator banks,  the stretcher compliant elevator(s) shall be marked by a 3” retro-reflective star of life on the latch side of the elevator lobby door frame.

(3) Elevator Standard Keys:  All new and existing elevator firefighter access / override keys shall be to the state standard elevator bypass key.  Existing elevators shall be converted to this standard within one year of the effective date of this ordinance.

Sec. 13-62.  Tent permits and fees.

 
(a)   Permits.  A tent permit shall be required for any tent larger than two hundred (200) square feet erected on public property or in the public way. Any tent one thousand two hundred (1,200) square feet or larger, regardless of location, shall require a tent permit. Permittees shall comply with the requirements of chapter 25 of NFPA 1 (2003 ed.). 

(b)   Fees.  A permit fee of fifty dollars ($50.00) shall be assessed for a tent between two hundred (200) square feet and under one thousand two hundred (1,200) square feet; a permit fee of one hundred sixty-five dollars ($165.00) shall be assessed for a tent one thousand two hundred (1,200) square feet or larger. Notwithstanding the above fees, the lesser of the above fees or two hundred twenty dollars ($220.00) shall be assessed if one of the following criteria are met: 

(1)   tents requiring a permit are being erected in connection with an event that is held in the city at least on a biennial basis; or

(2)   the executive director or other individual in charge of managing the event in which tents requiring a permit are to be erected has produced three (3) large occupancy events within the previous two (2) years. A large occupancy event is one that either (A) involves two hundred fifty (250) people or more and is either in an enclosed space or has fixed seating and alcohol is served or (B) involves five hundred (500) people or more and is either in an enclosed space or has fixed seating and alcohol is not served.

(Ord. of 6-26-06, eff. 7-26-06; Ord. of 5-7-07, eff. 6-6-07)

 

Division III     RADIO COVERAGE IN BUILDINGS AND STRUCTURES

Sec.  13-63.   General.

(a) Except as otherwise provided, no person or organization shall maintain, own, erect or construct any building or structure which is used for commercial, multifamily, or institutional use or any part thereof or cause the same to be done which fails to support adequate radio coverage to the fire department.  

(b) For purposes of this section, adequate radio coverage shall include all of the following: A. A minimum signal strength of -101 dBm available in ninety-five percent of the area of each floor of the building when transmitted from the public safety radio communications system; and B. A minimum signal strength of -101 dBm received at the public safety radio communications system when transmitted from ninety-five percent of the area of each floor of the building, via portable radio with public safety microphone. 

(c) Channel Performance Criterion (CPC). CPC is the minimum performance level in a faded channel, per TSB-88, clause 4.2. TSB-88 is a "Telecommunications Systems Bulletin" published by the TIA, Telecommunications Industry Association. The performance level is rated using "Delivered Audio Quality." Industry standard DAQ definitions are shown in Table 1. 2. DAQ level of 3 is the minimum performance level which shall be attainable by public safety radio systems in ninety-five percent of the area of each floor of a building subject to this chapter.

Table 1 - DELIVERED AUDIO QUALITY DEFINITIONS

DAQ Delivered Audio Quality	Subjective Performance Description
1	Unusable, speech present but unreadable.
2	Understandable with considerable effort. Frequent repetition due to noise/distortion.
3	Speech understandable with slight effort. Occasional repetition required due to noise/distortion.
3.5	Speech understandable with repetition only rarely required. Some noise/distortion.
4	Speech easily understood. Occasional noise/distortion.
4.5	Speech easily understood. Infrequent noise/distortion
5	Speech clearly understood

(d) The frequency range which must be supported shall be 460.62 MHz from the trunked system communications base stations, and the public safety radio communications base stations.

(e) The fire department may alter necessary frequencies or signal strengths due to changes in technical specification for public safety radio requirements. In such event, any frequency changes shall be reported to the city council and approved as amendments to this chapter as soon as is practicable.

 

 

Sec.13- 64. Testing.

(a) Initial Tests. Officials of the fire department or their designees shall perform initial tests. A certificate of occupancy shall not be issued to any new structure if the building fails to comply with this section.

(b). Annual Tests. Fire department personnel or their designees shall thereafter conduct annual tests.

 

Sec.13-65.  Amplification systems allowed.

(a) Buildings and structures which cannot independently support the required level of radio coverage shall be equipped with any of the following in order to achieve the required adequate radio coverage: a radiating cable system or an internal multiple antenna system with or without FCC type-accepted signal booster amplifiers as needed. If any part of the installed system or systems contains an electrically powered component, the system shall be capable of operating on an independent battery and/or generator system for a period of at least twelve hours without external power input. Any battery system employed shall automatically recharge in the presence of an external power input.