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Insights Category: Code Updates

A recent warehouse explosion on May 16th, 2020 close to downtown Los Angeles resulted in 11 firefighters injured, according to news articles. Those news articles indicated that the warehouse is believed to be owned or connected to a company that sells products related to cannabis oils, utilizing butane in the process.

With the recent legalization of cannabis, the Commonwealth of Massachusetts has seen an increase in buildings and tenant spaces being repurposed for the cultivation, processing, and/or extraction of cannabis plants in response to the growing market and demand. Among other unique hazards, these buildings or spaces may contain fertilizers, fumigation gases, pesticides, and various chemicals utilized for extractions processes (such as ethanol or butane). The current 9th edition of 780 CMR Massachusetts State Building Code and 527 CMR 1.00 Massachusetts Comprehensive Fire Safety Code did not include any specific requirements related to the unique operations associated with this new industry at the time of legalization.  This resulted in general concerns over the level of fire life safety associated with these facilities as well as the potential for inconsistent code application and enforcement.

At the time of legalization in the Commonwealth of Massachusetts, 527 CMR 1.00 was based on the 2015 edition of NFPA 1 Fire Code which similarly did not include any specific requirements related to cannabis operations; however, the 2018 edition of NFPA 1, included a chapter dedicated to these cannabis-related activities – Chapter 38.  In response to growing concerns over the design and construction of these new and unique facilities, the Commonwealth of Massachusetts adopted an emergency amendment to 527 CMR 1.00 in October 2019. Among other new requirements, these amendments incorporated the requirements of the 2018 version of NFPA 1, Chapter 38 into 527 CMR 1.00 under a new chapter – “Chapter 38 Cannabis Growing, Processing or Extraction Facilities.”  Per the scoping provisions of Section 38.1.1, this chapter applies to new and existing buildings where the growing and processing of cannabis is involved. These new requirements specifically address many of the unique hazards encountered within cannabis facilities including fumigation, pesticides, and the storage and use of hazardous materials.

With the adoption of these new requirements, 527 CMR 1.00 now includes clear direction on the design and construction of facilities housing cannabis-related activities with the ultimate goal of promoting consistent enforcement across the Commonwealth and reducing the potential for dangerous mishaps to occur, such as those that recently befell the warehouse in Los Angeles.

 

In our blog post on June 10th, we identified that the Board of Building Regulations & Standards (BBRS) agreed in principle to extend the concurrency period for the 2018 International Energy Conservation Code (IECC) adoption to January 1, 2021. The next logical questions you might have about the new code adoption is: (1) how does it affect the compliance options that are available for my future projects? and (2) what are the major impacts that I need to be aware of? This blog post is intended to answer Question #1 by outlining the updated scoping requirements for applying the commercial energy efficiency provisions. A future blog post will highlight a major code impact that all designers need to be aware of, so stay tuned!

There are multiple compliance methods for energy efficiency outlined in 780 CMR Chapter 13. There is a sequential order of evaluation that should be followed to determine the applicable scoping requirements for a given project.

1. Stretch Energy Code Application (IECC C401.2(1)(b)) – if the project meets the following criteria, the Stretch Code will apply and energy use per square foot on either a site or source energy basis must be demonstrated to be 10% below the energy requirements of ASHRAE 90.1-2013 Appendix G. The additional Efficiency Package Options selected as per IECC C406.1 should be included in calculating the baseline building performance value.

a. Is located in a Stretch Code Community

b. Is a new construction project

c. Is any building > 100,000 GSF or is a supermarket, laboratory, or conditioned warehouse > 40,000 SF

Note that the project must also comply with 780 CMR 13.00 including sections C401.2, C402.1.5, C402.3, C405.3, C405.4, C405.9, and C406.

2. Non-Stretch Energy Code Application (IECC C401.2) – Commercial buildings not subject to the Stretch Energy Code have the option to comply with one of the following methods:

a. ANSI/ASHRAE/IESNA Path: Apply ANSI/ASHRAE/IESNA 90.1-2016 edition

i. General: As modified by IECC C402.3, C405.3, C405.4, C405.9, and C406.
ii. Appendix G: As modified by the sections above as well as IECC C401.2 and C402.1.5.

b. IECC Prescriptive Path: Follow the requirements of the IECC Sections C402 through C405. In addition, buildings are required to comply with Section C406 and tenant spaces with Section C406.1.1.

c. IECC Certified Performance Path: The requirements of IECC C407, C402.3, C405, and C408 apply, which outline a calculated methodology.

3. Additional Efficiency Packages – Where any option above except for Option 2c (IECC Certified Performance Path) is selected, at least three of the following enhancements are required to be selected for use on the project (IECC C406.1):

a. More efficient HVAC performance in accordance with Section C406.2

b. Reduced lighting power density system in accordance with Section C406.3

c. Enhanced lighting controls in accordance with Section C406.4

d. On-site supply of renewable energy in accordance with Section C406.5

e. Provision of a dedicated outdoor air system for certain HVAC equipment in accordance with Section C406.6

f. High-efficiency service water heating in accordance with Section C406.7

g. Enhanced envelope performance in accordance with Section C406.8

h. Reduced air-infiltration in accordance with Section C406.9

i. Renewable space heating in accordance with Section C406.10

j. Type IV Heavy Timber construction in accordance with C406.11.

Please don’t hesitate to contact us if you have energy code scoping questions and how they apply to your specific project.

In this week’s issue of the Return to Work Tool Kit issued by the Boston Real Estate COVID Consortium, Chris Lynch, P.E. weighs in on various code compliance topics relating to the re-opening of offices. Topics include points of caution with installing door locking devices, modifying signage as it relates to egress, and creating sprinkler obstructions if installing temporary partitions. Additionally, Chris discusses the various allowable options for determining the 25% head count limitation. The article also contains great information on office furniture changes and signage and graphics authored by other Consortium team members. Read the full article here.

Update as of 10/15/2020:

Contrary to initial indications, there will be no extension of the energy code concurrency period beyond the previously-approved November 7, 2020 date. All projects submitted for permit after this date will be required to comply with the 2018 IECC and associated Massachusetts amendments, which can be found here.

Update as of 7/15/2020:

The energy code concurrency period will officially be extended to November 7, 2020, at least at first. At their 7/14 meeting, the BBRS approved the maximum extension possible under an emergency amendment, which is 90 days. This extension applies to both commercial and residential energy provisions as well as Stretch Code application. It appears probable that the period will get extended further (to January 1, 2021) under an additional, future emergency amendment. Stay tuned for more updates.

Most designers are aware that the 2018 International Energy Conservation Code (IECC) has been adopted in Massachusetts through amendments to 780 CMR 13.00. The amendments dictate an energy code ‘concurrency period’ that started on February 7, 2020 and is scheduled to end on August 7, 2020 – building permit applications filed during this period can identify either the 2015 or 2018 IECC as the applicable energy code for a given project.

COVID-19 has obviously disrupted much of the AEC industry over the past several months. At the June 9th Board of Building Regulations & Standards (BBRS) meeting, the Board agreed in principle to extend the concurrency period to January 1, 2021. This decision will require an emergency amendment, slated to be voted on at the July BBRS meeting. The decision will not be finalized until that point, but all signs point to an extension of the use of the 2015 IECC in Massachusetts.

Please reach out to Code Red Consultants for assistance with energy code scoping provisions and big-picture implications of the new 780 CMR 13.00 amendments and the 2018 IECC.

Last week, we posted a blog discussing a CMS Waiver allowing modification for testing intervals for certain physical environments requirements in health care and ambulatory health care occupancies. That blog can be found here.

On May 11, CMS amended several other requirements that were not included in the previous waivers. The requirements now included in the waivers include the following:

  • Alcohol-based Hand-Rub (ABHR) Dispensers: [CMS] are waiving the prescriptive requirements for the placement of alcohol based hand rub (ABHR) dispensers for use by staff and others due to the need for the increased use of ABHR in infection control. However, ABHRs contain ethyl alcohol, which is considered a flammable liquid, and there are restrictions on the storage and location of the containers. This includes restricting access by certain patient/resident population to prevent accidental ingestion. Due to the increased fire risk for bulk containers (over five gallons) those will still need to be stored in a protected hazardous materials area.

Please note that this allowance strictly relates to the locations of ABHR dispensers to be used by patients, staff, and visitors due to the added levels of infection control that hospitals and other facilities are implementing. As stated, bulk storage containers are still required to be within the maximum allowable code quantities. Due to the increased use of alcohol based hand rub, many facilities are increasing their storage quantities or even mixing their own utilizing ethanol. Great caution should be taken with the storage and/or dispensing of flammable liquids. Applicable fire codes contain regulations pertaining to the protection of these hazards which should be consulted if adjustments to storage quantities or the introduction of new processes are occurring.

  • Fire Drills: Due to the inadvisability of quarterly fire drills that move and mass staff together, CMS will instead permit a documented orientation training program related to the current fire plan, which considers current facility conditions. The training will instruct employees, including existing, new or temporary employees, on their current duties, life safety procedures and the fire protection devices in their assigned area.
  • Temporary Construction: CMS is waiving requirements that would otherwise not permit temporary walls and barriers between patients.

It is recommended that these provisions are only used for relief where necessary and all instances are documented accordingly when used. If you or your facility have any questions regarding these added provisions to the 1135 Waivers, please do not hesitate to contact us.

One of the many challenges healthcare facilities are faced with during the COVID 19 pandemic is maintaining compliance with their building systems required inspection, testing and maintenance (ITM). Whether it’s a reduction or reallocation of internal facility management resources or the challenges of getting an outside vendor onsite to perform fire protection system maintenance, we are hearing that our healthcare clients cannot perform many of the required ITM on fire protection and life safety systems within the strict intervals they often audited against during accreditation and other regulatory surveys.

On April 30, CMS responded to these facilities in issuing a waiver to allow modification of the prescribed testing intervals for certain physical environment requirements for various health care and ambulatory health care occupancies. These waivers, which were released as part of the 1135 waivers, do not need to be applied for by facilities and can be utilized immediately. It should be noted that the required testing intervals for all systems are not being modified under this waiver, as several activities are considered critical. The following provisions are NOT included in the waiver:

  • Sprinkler system monthly electric-driven and weekly diesel engine-driven fire pump testing;
  • Portable fire extinguisher monthly inspection;
  • Elevators with firefighters’ emergency operations monthly testing;
  • Emergency generator 30 continuous minute monthly testing and associated transfer switch monthly testing;
  • Means of egress daily inspection in areas that have undergone construction, repair, alterations or additions to ensure its ability to be used instantly in case of emergency.

Rather than provide a lengthy list of all of the required system testing that relief is being given, the government instead identified those critical systems for which relief is not being given. Facilities should review their preventative maintenance and regulatory compliance testing schedules accordingly. For example, many of the healthcare facilities we work with utilize outside sprinkler contractors to perform part of their required quarterly, semi-annual, and annual testing. Under these waivers, facilities are still expected to perform testing on tamper switches and waterflow devices that monitor the sprinkler system. These tests are required to be performed by NFPA 25 on at least a semi-annual basis. Under the waiver, a facility would not be cited on survey for having testing dates which exceed 6 months from the last recorded test. It is worthy to note that the waiver is not relieving the facility in performing the testing but rather only applies to the time frame which the testing is performed.

It is still strongly recommended that testing be performed within the required interval wherever possible. This relief is being granted starting March 1, 2020 and extending through the emergency declaration. We also recommend that facilities take the following steps if utilizing the waiver:

  1. Check with other state and local requirements and authorities in regards to any relief granted on timing from their regulations, which are often the same at the CMS requirements.
  2. Document where the waiver is being utilized in your test reports with specific dates. This is not being requested by CMS but is a prudent method to be able to memorialize where the waiver was needed and how it was applied based on the dates the waiver was applicable.
  3. Perform and record interim life safety risk analysis where system testing is outside of the specified interval. This documentation should be filed and kept internally.

This relief from strict compliance makes good common sense given all of the competing commitments and resource challenges facing facilities at the present time. We caution facilities to use them as intended, to give relief only where necessary, and where utilized document accordingly.

On May 11, CMS amended several other requirements that were not included in the previous waivers. The requirements now included in the waivers include the following:

  • Alcohol-based Hand-Rub (ABHR) Dispensers: [CMS] are waiving the prescriptive requirements for the placement of alcohol based hand rub (ABHR) dispensers for use by staff and others due to the need for the increased use of ABHR in infection control. However, ABHRs contain ethyl alcohol, which is considered a flammable liquid, and there are restrictions on the storage and location of the containers. This includes restricting access by certain patient/resident population to prevent accidental ingestion. Due to the increased fire risk for bulk containers (over five gallons) those will still need to be stored in a protected hazardous materials area.
    Please note that this allowance strictly relates to the locations of ABHR dispensers to be used by patients, staff, and visitors due to the added levels of infection control that hospitals and other facilities are implementing. As stated, bulk storage containers are still required to be within the maximum allowable code quantities. Due to the increased use of alcohol based hand rub, many facilities are increasing their storage quantities or even mixing their own utilizing ethanol. Great caution should be taken with the storage and/or dispensing of flammable liquids. Applicable fire codes contain regulations pertaining to the protection of these hazards which should be consulted if adjustments to storage quantities or the introduction of new processes are occurring.
  • Fire Drills: Due to the inadvisability of quarterly fire drills that move and mass staff together, CMS will instead permit a documented orientation training program related to the current fire plan, which considers current facility conditions. The training will instruct employees, including existing, new or temporary employees, on their current duties, life safety procedures and the fire protection devices in their assigned area.
  • Temporary Construction: CMS is waiving requirements that would otherwise not permit temporary walls and barriers between patients.

It is recommended that these provisions are only used for relief where necessary and all instances are documented accordingly when used. If you or your facility have any questions regarding these added provisions to the 1135 Waivers, please do not hesitate to contact us.

In our March 2019 post entitled “Mass Timber Rises to New Heights”, we previewed the upcoming 2021 IBC changes that will allow for up to 18-story mass timber buildings via new Type IV construction types. However, the 2021 IBC is several years from being proposed for adoption within many states. Even in Massachusetts, where it has been established that the 2021 IBC will serve as the basis for the upcoming 10th edition of 780 CMR, the final state amendments are likely at least a year away (and could be pushed further depending on how the COVID-19 pandemic plays out).

Developers, owners, and architects are left wondering: What are the options for those who want to build tall mass timber buildings before the 2021 Edition of the IBC is adopted?

At Code Red Consultants, we suggest approaching the Authority Having Jurisdiction (AHJ) about the prospect of utilizing these recently recognized technologies and methods. This typically occurs under the auspices of IBC §104.11, Alternative Materials, Design and Methods of Construction and Equipment, and it happens either with ‘local approval’ or through an official variance request (the process for which varies by state).

With either path, we offer the following recommendations and considerations:

1.      At the appropriate time in the project, proactively seek an audience with the AHJ to vet the concept of the request. Determine whether local approval will be provided or if a formal variance will be required. How will a statement of noncompliance be obtained (which is usually required in order to formally appeal)? Even if the local AHJ is formally denying compliance, having him or her provide support (or at least non-opposition) of the variance request often goes a long way in the appeals decision.

2.      Variance/appeals requests take time. Especially in today’s climate, getting an audience with building and fire officials often takes longer than expected.  Further, getting through an appeals process requires a knowledge of how the system works to make sure it is being managed effectively.  For the sake of the project, establish a realistic timeframe of the approvals process to temper stakeholder expectations.

3.      If presenting a request to use the provisions outlined in the 2021 IBC, be prepared to apply all of the 2021 IBC changes related to tall mass timber. ‘Cherry picking’ portions of a new code is typically frowned upon, with good reason – a code is a holistic set of provisions and allowances that work in concert with one another to establish a minimum level of safety. 2021 IBC mass timber requirements that have been overlooked include provisions such as:

a.      The Owner retains responsibility for annual inspection and maintenance of fire-rated mass timber structure.

b.      Adhesives and sealants are required at abutting edges of mass timber elements.

c.      Protection of penetrations and joints in fire-rated mass timber elements is required just like any other rated wall or floor/ceiling, but the catalog of firestopping and fire-rated joints within mass timber elements is still in its infancy. Development and research of such details needs to happen with more attention and earlier in a design process than normal.

d.     Fire pump connections require redundancy for mass timber buildings of certain heights (heights less than otherwise required for non-combustible construction).

4.      Be prepared to provide additional fire protection and life safety ‘bells and whistles’ as part of approvals negotiation, if requested. Code Red has developed several mitigating solutions when such negotiations are required.

5.      Expect to engage a third-party review, both for structural design and fire-resistance/life safety/code compliance.

 

As previously implemented statewide on July 1, 2018, individuals serving in the following capacities are required to produce documentation illustrating completion of an approved hot work safety training program:

  • Individuals performing hot work operations
  • Individuals serving as the Permit Authorizing Individual (PAI) performing, supervising, or delegating hot work
  • Individuals performing a fire watch, with the exception of fire department details
  • Individuals required to obtain a hot work permit from the local fire department

As this requirement was rolled out, a training program through NFPA was established which met the criteria set forth by the State Fire Marshal.

Presently, additional training programs have been established which have been reviewed and approved as acceptable to the State Fire Marshal, which are as follows:

  • National Fire Protection Association (NFPA) – Hot Work Safety Certificate 1 Day Program
  • Gould Construction Institute Hot Works Training
  • Colden Corporation  Hot Works Training
  • Tiger Training Corporation Hot Works Training
  • At Leisure Contractor Licensing

Have new employees starting this new year who previously have not been trained in hot work safety? Ensure they are appropriately trained through one of the programs listed above as to not delay permitting and day to day hot work operations to demonstrate compliance with 527 CMR 1.00 Section 41.7.

As of January 1, 2020, a new Massachusetts Electrical Code has been adopted. The newest edition of the code is based on the 2020 Edition of NFPA 70, National Electrical Code, which includes modifications promulgated by the Board of Fire Prevention Regulations (BFPR).

Projects that have not successfully submitted an electrical permit application prior to January 1, 2020 are subject to the provisions of the new electrical code.

Do you have questions on how this affects your design? If so, contact us to learn more about the implications of the code change!

2018 Code Adoption Status

During the January 2020 meeting of the Board of Building Regulations and Standards (BBRS) it was announced that the 2018 version of the International Energy Conservation Code (IECC) will be adopted and amended by Massachusetts.  The BBRS has filed the paperwork with the Secretary of State’s Office for final promulgation. You can view the new Massachusetts amendments here: https://www.mass.gov/doc/780-cmr-ninth-edition-chapter-13-energy-efficiency-amendments-as-of-272020/download

Effective Adoption Date

The effective adoption date for the 2018 IECC was February 7, 2020. As with previous code adoptions, there will be a concurrency period, which will end November 7, 2020.

What Does This Mean to the Design/Build Community?

All projects that file for permit between February 7, 2020 and November 7, 2020 can apply either the MA amended 2015 IECC or the MA amended 2018 IECC. Permits applied for after November 7, 2020 are subject to compliance with the MA amended 2018 IECC.

There are many changes between the 2015 and 2018 editions of the codes of which designers, builders, owners, and AHJs need to be aware. If you are interested to learn more about the code changes or implications on your current or future projects, please contact us with questions.