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Insights Category: Code Updates

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.

Boston has recently updated their requirements for reporting construction site fuel storage to allow for online reporting/permitting. Previously, a Boston Fire Department (BFD) General Permit was the only means to report the on-site storage of hazardous materials (oxygen, acetylene, gas, diesel, etc.) and was required to be submitted in person for approval.

Fuel storage for construction site is now required to be submitted via the online permit portal (https://onlinepermitsandlicenses.cityofboston.gov/BFD). After logging in, the user is able to select “Fuel Storage (Temporary)”, enter the job description, and start the fuel storage details.

The following information is required:

  1. Start Date
  2. End Date
  3. Reason (e.g. oxygen/acetylene storage on site for ongoing welding operations on Floor 16)
  4. Site Contact (this should be the site’s FPPM)
  5. Fuel Storage Location
  6. Amounts of Fuel (summary of fuel types and quantities)
  7. If there is Propane

Once this information is completed, the final step is for the user to attach the site’s fuel storage matrix and any other pertinent information (i.e. drawings, memo’s substantiating non-conventional storage locations/arrangements, etc.).

 

Via House Bill 562, as of September 15, 2019, New Hampshire will enforce the 2015 editions of ICC codes, including:

  • 2015 International Building Code (IBC)
  • 2015 International Existing Building Code (IEBC)
  • 2015 International Plumbing Code (IPC)
  • 2015 International Mechanical Code (IMC)
  • 2015 International Energy Conservation Code (IECC)
  • 2015 International Residential Code (IRC)

The International Swimming Pool and Spa Code (2015 edition) is now also adopted by New Hampshire as part of this code adoption cycle.

These codes replace the previously-adopted 2009 editions. There is no grace period to continue using the 2009 codes except through special approval. Similar to previous code adoptions, there are a number of unique state amendments which are located here: https://www.nh.gov/safety/boardsandcommissions/bldgcode/bldgexhibits.html

There are many changes between the 2009 and 2015 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 project(s), please reach out to us.

 

On Friday, October 11, 2019, the Massachusetts Department of Fire Services announced that amendments to 527 CMR 1.00, Massachusetts Comprehensive Fire Safety Code would go into effect on Friday, October 18, 2019.

The newest updates to the code are intended to align it more closely with the 2018 Edition of NFPA 1. However, this amendment does not adopt the 2018 Edition of NFPA 1 in its entirety and the basis of the code is still the 2015 Edition. Major amendments which are being promulgated with this version of the code include, but are not limited to, the following:

  • Authorities Having Jurisdiction (527 CMR 1.00 Section 3.2)
  • Fire Department Vehicle Access Roads (527 CMR 1.00 Section 18.2)
  • Cannabis Growing, Processing, and Extraction Facilities (527 CMR 1.00 Chapter 38)
  • Tank Vehicle Inspections (527 CMR 1.00 Chapters 1 and 42)
  • On-Demand Mobile Vehicle Fueling (527 CMR 1.00 Section 42.10)
  • Energy Storage Systems (527 CMR 1.00 Chapter 52)

The sections above address some growing industries and compliance methodologies which were previously unaddressed by the code, which should help bring some clarity to the appropriate code requirements for owners, architects, and designers, alike.

Have questions on the updates code and how they may affect your project and ongoing compliance of your facility and operations? Contact us with questions about the implications of the code change!

 

In 2017, we issued a post discussing the adoption of NFPA 45, Standard on Fire Protection for Laboratories Using Chemicals, by the City of Boston. At the time, under the 2012 edition of the Massachusetts State Fire Code (527 CMR), the reference to NFPA 45 was deleted. However, the City of Boston still required compliance with NFPA 45 for laboratory projects through the City of Boston Fire Prevention Order 86-1.

Under the 2015 edition of 527 CMR, which went into effect on January 1, 2018, the reference to NFPA 45 is no longer deleted. The scoping language of 527 CMR states that all codes and standards referenced in 527 CMR are considered part of the Code, thus new laboratory projects throughout the state are required to comply with NFPA 45.

How does NFPA 45 work?

NFPA 45 covers the design and protection of laboratories using chemicals that present health and fire hazards. It utilizes the concept of Laboratory Units, which are similar in concept to control areas in that they are compartmentalized areas in which the allowable quantities of chemicals are limited. Laboratory Units are classified (A, B, C, or D) based on the amount of flammable and combustible liquids within the units. As quantities of flammable and combustible liquids increase, the requirements for protection become more stringent, including increased fire-resistance ratings, decreased allowable floor areas, more robust fire protection systems, and more restrictive means of egress requirements.

Doesn’t the Building Code Govern?

In general, 780 CMR will govern for any provisions relating to building construction, as stated in 527 CMR Section 1.1.2. However, where buildings contain flammable fluids or any substance having such properties that it may ignite or generate flammable vapors, 527 CMR Section 1.03 states that both 780 CMR and 527 CMR are applicable, and that the more restrictive requirements will govern.

What about Control Areas?

Because the Massachusetts State Building Code (780 CMR) requires the use of control areas where hazardous materials are present, these requirements must be applied in conjunction with the requirements of NFPA 45. If a conflict exists between the requirements of 780 CMR and NFPA 45, the most restrictive requirements should be applied.

If you have questions about applying these requirements to a laboratory, please feel free to contact us.