NOTICE OF PROPOSED CHANGES IN THE REGULATIONS

OF DEPARTMENT OF PUBLIC SAFETY, DIVISION OF FIRE AND LIFE SAFETY

The Department of Public Safety proposes to adopt and amend regulation changes in Title 13 of the Alaska Administrative Code, dealing with building code standards, fire code standards, mechanical code standards, fuel gas code standards, non-structural plan review and fees, stop work orders, fire protection system permits, firework permits, standards of organization and services of a fire department, and oil and gas hydrocarbon processing facilities, including the following:

1. 13 AAC 50.010 is proposed to be amended to adopt the 2012 edition of the International Building Code regarding Occupancy Classification, including variations of the code which are specific to this state.

    

2. 13 AAC 50.020 is proposed to be amended to adopt the 2012 edition of the International Building Code, including variations of the code which are specific to this state.
   1. Chapter 1, of the IBC is revised by deleting Sections 101.4.5, 101.4.6, 103, 104.4, 104.6, 104.8, 105.4, 107.5, 109.2, 109.4, 109.5, [AND] 110 – 115 and [IS REVISED BY DELETING THE REFERENCE TO THE "INTERNATIONAL PROPERTY MAINTENANCE CODE"; IS REVISED BY DELETING THE REFERENCE TO THE "INTERNATIONAL RESIDENTIAL CODE"; AND IS REVISED BY DELETING THE REFERENCE TO THE "INTERNATIONAL ENERGY CONSERVATION CODE";] references to the "International Existing Building Code (IEBC)”, “International Energy Conservation Code (IECC)”, “International Property Maintenance Code (IPMC), “International Private Sewage Disposal Code (IPSDC)”, “International Residential Code (IRC)”, and the “International Wildland-Urban Interface Code (IWUIC)”;

       

   2. Chapter 1, Section 104.2 (Applications and permits) of the IBC, is revised by deleting the words "and permits" from the heading, and the section is revised to read: "The building official shall receive applications and review construction documents for the on-site erection, alteration, demolition, and moving of buildings and structures and, at the agency's discretion, will inspect the premises to enforce compliance with the provisions of this code. Plans for construction occurring out of state or manufactured off site must be stamped by an Alaska State Licensed Design Professional in accordance with AS 08.48 to have a plan review completed before being placed on its foundation and all plan review deficiencies corrected prior to occupancy of the facility.";

       

   3. Chapter 2, Section 202 [(DEFINITIONS)] of the IBC, is revised by adding a definition to read: " Building, existing”, is a building that
      1. was erected before December 5, 1956; or
      2. was erected before the adoption of the 2012 [2009] International Building Code, 2012 [2009] International Fire Code, 2012 International Mechanical Code, and the 2012 [2009] International Fuel Gas Code and complies with the building code regulations in effect at the time of construction."

         Relocatable Mancamps - A mancamp that is disassembled and loaded on a trailer to relocate or a mancamp that is on a skid and wheels as a single unit and pulled by a vehicle without separating.

          

   4. Chapter 2, Section 202 (Terms added to an existing definitions in the code) of the IBC, is revised by adding to following to Foster Care Facility: “including children related to the staff”.;

       

   5. Chapter 3, Section 308.4.1 (Five or fewer persons receiving care) adding to the first sentence after fewer persons…”including persons related to the staff who are”.;

       

   6. Chapter 7, Section 706.6 is revised by adding: Fire Walls for buildings constructed on pilings, the first floor is above ground, and the area below is completely open to the outside (not affected by skirting): A Fire wall may terminate at the first floor level if it complies with the following.
      1. The wall must terminate on a structural support, which extends completely the length of the wall.
      2. The structural support must rest upon and be completely supported by pilings.
      3. The rest of the fire wall complies with IBC Section 705.6.

          

   7. Chapter 9, Section 903.2.8 of the IBC is revised by adding a new Section 903.2.8.3 [903.2.8.1] to read: “Section 903.2.8.3 [903.2.8.1] GROUP R-1. [(] Health clinics with transient quarters[)] may utilize an NFPA 13R [13D] sprinkler system throughout the building[.] or a two hour [A] fire barrier may be utilized to separate the building and utilize a NFPA 13 D [13R] in the sleeping quarters.”; [IN ADDITION, RENTAL CABINS WITH POTABLE WATER WITH STAYS LESS THAN 30 DAYS WILL BE CONSIDERED R-1’S AND WILL BE REQUIRED TO FOLLOW THIS SECTION.”]

       

   8. Chapter 9, Section 903.2.8 of the IBC is revised by adding a new section 903.2.8.4 to read Section 903.2.8.4 (Rental Cabins) Six or more rental cabins occupied for less than 30 days with potable water will be considered R-1’s and will be required to follow this section.”; Chapter 9, Section 904 of the IFC is revised by adding Section 904.12 to read: “Water-mist fire-extinguishing systems shall be installed, maintained, periodically inspected and tested in accordance with NFPA 750 and their listing.

       

   9. (--) Chapter 9, Section 903.5 (Testing and maintenance) of the IBC, is revised by adding a new sentence at the end of the paragraph to read: "A copy of the acceptance test certificate must be forwarded to the division of fire and life safety or the deferred authority having jurisdiction by the firm conducting the test within 30 days of the completion of the installation.";

       

   10. (--) Chapter 9, Section 904 of the IFC is revised by adding Section 904.12 to read: “Water-mist fire-extinguishing systems shall be installed, maintained, periodically inspected and tested in accordance with NFPA 750 and their listing.

        

   11. (--) Chapter 9, Section 904.1 (General) of the IBC, is revised by adding a new sentence at the end of the paragraph to read: "A copy of the acceptance test certificate must be forwarded to the division of fire and life safety or the deferred authority having jurisdiction by the firm conducting the test within 30 days of the completion of the installation.";

        

   12. Chapter 9, Section 909.18 (Acceptance tests) of the IBC, is revised by adding a new sentence to read: "A copy of the acceptance test certificate must be forwarded to the division of fire and life safety or the deferred authority having jurisdiction by the firm conducting the test within 30 days of the completion of the installation.";

        

   13. Chapter 11, Section 1101.1 (Scope) of the IBC, is revised by deleting the first sentence and adding sentences at the end of the section to read: "Compliance review by the division of fire and life safety is limited to the review of the accessible route, means of egress requirements of the code, and at least one accessible toilet room along the accessible route. Compliance with the requirements of this chapter and other provisions within this code for accessibility of persons with [PHYSICAL] disabilities is the exclusive responsibility of the owner of the structure or design professional of record. An advisory plan review may be obtained regarding the design for accessibility of a structure from the Office of the State ADA Coordinators, Americans with Disabilities Act Compliance Program, [OFFICE OF THE STATE COORDINATOR] for, Americans with Disabilities Act at 10^th Floor, State Office Building, P.O. Box 110201, Juneau, 99811-201 [99801], telephone (907) 465-6929, http://doa.alaska.gov/ada/";

        

   14. L 105.1 Fire walls, fire-resistance rated exterior walls, fire barrier walls, and horizontal assembly continuity. When a fire wall is used to qualify under Section 706 of the IBC, the wall must comply with that section. If the fire wall, fire-resistance rated exterior walls, or fire barrier wall does not extend to the ground, the structural supports for the wall must rest upon, and be completely supported by the pilings. If a horizontal assembly is not supported by the ground, it must rest upon and be completely supported by the pilings.

        

   15. L 105.2.1 Tank venting and relief requirements for tanks and pressure vessels storing class I [1]B or I [1]C, class II, and class III liquids described in Sections 5704.2.7.3.6 [3403.2.7.3.6] and 5704.2.7.4 [3404.2.7.4] of the IFC (2012 [2009] Edition) may be satisfied by the use of properly sized open vents without flame arrestors. When open vents are utilized they shall be configured to minimize the accumulation of snow and ice. This relief shall only apply to installation cold climate locations. Cold climate locations are defined in this case as locations with an American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) 99% design heating design temperature (dry bulb) of less than -25 deg. F. These figures shall be based on the values published by the ASHRAE.

        

        

3. 13 AAC 50.023 is proposed to be amended to adopt the 2012 edition of the International Mechanical Code, including variations of the code which are specific to this state.

    

   1. The IMC is revised by deleting all the references, with the exception of chapters 6 and 7 of [TO] the "International Fuel Gas Code" and all references in the "International Plumbing Code" and replacing them with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of February 23, 2011and as amended from time to time.

       

   2. Chapter 1, of the IMC is revised by deleting Sections 103, 104, [AND] 106 – 110 and [IS REVISED BY DELETING THE WORDS “IN ACCORDANCE WITH THE INTERNATIONAL ENERGY CONSERVATION CODE”] references to the International Existing Building Code “IEBC”, International Energy Conservation Code “IECC”, and International Residential Code “IRC”,;

       

   3. Chapter 3, Section 304.9 (Clearances to combustibles construction) of the IMC, is revised to read: "Clearances to combustible construction. Heat-producing equipment and appliances must be installed to maintain the required clearances to combustible construction as specified in the listing and manufacturer's instructions. These clearances may be reduced only in accordance with Section 308 of the IMC. Certain unlisted, heat-producing equipment shall be allowed if the equipment is installed in a manner so as to maintain the clearances to combustible construction specified in Table 308.6 [304.7] “Clearance Reduction Methods”, of this Code. Clearances to combustibles must include considerations as door swing, drawer pull, overhead projections or shelving and window swing, shutters, coverings, and drapes. Devices such as doorstops or limits, closers, drapery ties, or guards, may not be used to provide the required clearances.";

       

   4. Chapter 4, Section 403.3 (Outdoor airflow rate) [(VENTILATION RATE)] of the IMC, the first sentence is revised to read: "Ventilation systems must be designed to have the capacity to supply the minimum outdoor airflow rate required in Table 403.3 “Minimum Ventilation Rates” based on the occupancy of the space and the occupant load or other parameter as stated herein, or in accordance with the American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE) Standard 62 (2010 Edition) as adopted by reference.";

       

4. 13 AAC 50.024 is proposed to be amended to adopt the 2012 edition of the International Fuel Gas Code, including variations of the code which are specific to this state.

    

   1. The International Fuel Gas Code 2012 [2009] Edition (IFGC), Chapters 6 and 7 are adopted by reference to regulate the installation of fuel gas utilization equipment, gaseous hydrogen systems and related accessories. Additionally the IFGC is changed by deleting all references to the "ICC Electrical Code or NFPA 70" and replacing them with “Electrical Code as adopted by 8 AAC 70.025, as amended as of October 16, 2012 and as amended from time to time."

       

   2. Chapter 1, of the IFGC is revised by deleting references to the International Energy Conservation Code “IECC” and International Residential Code “IRC”.;

       

5. 13 AAC 50.025 is proposed to be amended to adopt the 2012 edition of the International Fire Code due to reorganization of the chapters, including variations of the code which are specific to this state.

    

6. 13 AAC 50.030 is proposed to be amended to clarify monthly fire extinguisher inspections.

    

   1. a. (6) documentation for monthly inspections will consist of the person’s signature on the extinguisher inspection tag or appropriately documented in accordance with electronic monitoring and inspection methods as adopted by NFPA 10 (2010 edition. It [it] is the responsibility of the employer to provide training and documentation to enable the employer's personnel to conduct monthly [Class I] inspection and non-invasive maintenance of portable fire extinguishers.

       

7. 13 AAC 50.035 is proposed to be amended to clarify Class IV fire system permitting.

    

   1. a. (ii) have passed the examination for NICET special hazard elements 52001, 52002, 53002, 53004, 53005, and 54013 or the equivalent, or the International Code Council/National Association of Fire Equipment Distributors FK Pre-engineered Kitchen Fire Extinguishing System Technician Certification test; [DIVISION OF FIRE AND LIFE SAFETY KITCHEN FIRE SUPPRESSION HOOD TEST;]

       

8. 13 AAC 50.060 is proposed to be amended to clarify third party listing requirements.

    

   1. a. (g) No person, as defined in AS 01.10.060 , may install, sell, or offer for sale any fire-retardant paints or solutions, foam plastics, thermal barriers, or similar building products, purported to be fire resistant or for fire protective purposes unless the products have been listed [APPROVED] by a national recognized testing laboratory (NRTL) [RECOGNIZED BY THE STATE FIRE MARSHAL].

       

9. 13 AAC 52.020 is proposed to be amended to clarify fire reporting requirements for fire departments.

    

   1. Every fire or other related incident must be reported to the state fire marshal. Incident reports must be submitted within the first 10 days of the month following the month in which the incident occurred. Incident reports must be submitted by the fire chief, investigating officer, or the fire chief's or investigating officer's designee, and be National Fire Incident Reporting System (NFIRS) 5.0 compatible.

       

10. 13 AAC 030 is proposed to be amended to clarify Chiefs means Fire Chiefs.

     

    1. a. (2) provide for the appointment of fire chief [CHIEFS] of the department;

        

11. 13 AAC 52.150 is proposed to be amended by updating definitions.

1. a. (B) the fire chief of a registered fire department or an employee of the fire department designated by the fire chief to be a fire code official for that jurisdiction; or

(C) in a municipality to which the fire marshal has deferred authority under 13 AAC 50.075;

(i) the head building official or an employee of the building department designated by the head building official to be a fire code official for that jurisdiction;

(ii) the fire chief or an employee of the fire department designated by the fire chief to be a fire code official for that jurisdiction;

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Division of Fire and Life Safety at 5700 East Tudor Road, Anchorage, AK 99507.  Additionally, the Division of Fire and Life Safety will accept comments by facsimile at (907) 338-4375 and by electronic mail at Lloyd.nakano@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System, by accessing this notice on the system and using the "comment" link.  The comments must be received no later than 4:30 p.m. on July 31, 2014.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Mr. Lloyd Nakano at (907) 269-5491 no later than July 7, 2014 to ensure that any necessary accommodations can be provided.

For a copy of the proposed regulation changes, contact Mr. Lloyd Nakano at 5700 East Tudor Road, Anchorage, AK 99507, or go to http://dps.alaska.gov/Fire/regulations.aspx.

After the public comment period ends, the Department of Public Safety, Division of Fire and Life Safety will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action.  The language of the final regulations may be different from that of the proposed regulations.  You should comment during the time allowed if your interests could be affected.

Statutory Authority:   AS 18.70.010; AS 18.70.030; AS 18.70.080; AS 28.05.011; AS 44.17.030

Statutes Being Implemented, Interpreted, or Made Specific: AS 18.70.010; AS 18.70.080; AS 18.70.085; AS 18.70.090; AS 18.70.095; AS 44.17.030

Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.

DATE: 5/15/2014

ADDITIONAL REGULATIONS NOTICE INFORMATION (AS 44.62.1 90(d))

I.    Adopting agency:  Depart ment of Public Safety, Division of Fire and Life Safety

2.    General  subject of regulation: 2012 International Code Council building, fire, fuel gas and mechanical code standards with local amendments

3.   Citation of regulation (may  be grouped): 13 AAC 50-52

4.   Department of Law file number:  JU2014200421

5.    Reason for the proposed action:

(X )  other:  ( please list) Adopting building, fire, mechanical  and fuel gas standards for building plan reviews on all commercial  buildings, fire and life safety  in assembly, educational, institutional residential  type facilities such as apartments and hotels, and high impact facilities including fish processing plants, fire detection and suppression equipment, fireworks, fire departments, and processing oil and gas facilities.

6.    Appropriation/Allocation:                                                                                                             

7.   Cost of implementation to the state agency  and available funding  (in thousands of dollars):

 Initial Year          Subsequent

FY 14                     Years

Capital Cost                                                 $0                           $0

I002  Federal receipts                                  $0                           $0

I003 General fund  match                            $0                           $0

I004 General fund                                        $0                           $0

I005 General fund/program                           $0                           $0
I037 General fund/mental health                   $0                           $0
Other                                                             $0                           $0     

8.  The name of the contact person for the regulations: Name:  Lloyd Nakano

Title:          Deputy  Director
Address: 5700 East Tudor Road, Anchorage, AK. 99507

Telephone: 907-269-5491

E-mail address: Lloyd.n akano@alaska.gov

9.   The origin of the proposed  action:   staff of state agency

Prepared  by:Lloyd Nakano, Deputy  Director