(b) All public or private boarding schools
and institutions of higher education which utilize dormitories or similar
occupancies for the housing of students, as well as all owners of residences
being utilized as dormitories, shall submit to the Division an action plan for
the installation within those occupancies of complete automatic fire sprinkler
systems, as required by
5:70-4.7(j).
Projects shall not include new construction for which suppression is required
by the Uniform Construction Code.
1. The
action plan shall be submitted for approval no later than November 3, 2000.
Submittal shall include an original plan and a copy, plus a copy for the local
enforcing agency having code enforcement jurisdiction of the subject facility.
The action plan shall outline the total fire protection project, including
automatic fire sprinkler system installation and the best estimate of cost
provided by a professional engineer who is independent of the school or
institution. For purposes of the Dormitory Safety Trust Fund and Life Safety
Improvement Loan programs, automatic fire sprinkler system components shall be
limited to those covered by National Fire Protection Association Standards 13,
13R and 13D, as applicable. The action plan shall also include:
i. All buildings within the facility which
are to be protected, as well as a description of all buildings of similar
occupancy which are considered to be in compliance with the current fire safety
requirements of the Uniform Construction Code;
ii. For each facility, a timetable of
compliance specifying projected dates of completion in accordance with the
following schedule:
(1) At least 25 percent
of the total square footage of the buildings identified in (b)1i above as
requiring protection are to be protected by a required automatic fire sprinkler
system, to be operational no later than July 31, 2001;
(2) At least 50 percent of the total square
footage of the buildings identified in (b)1i above as requiring protection are
to be protected by a required automatic fire sprinkler system, to be
operational no later than July 31, 2002;
(3) At least 75 percent of the total square
footage of the buildings identified in (b)1i above as requiring protection are
to be protected by a required automatic fire sprinkler system, to be
operational no later than July 31, 2003; and
(4) All of the buildings identified in (b)1i
above shall be equipped throughout with an operational automatic fire sprinkler
system no later than July 31, 2004;
iii. A schedule for submitting a complete
application for a construction permit to the agency having Uniform Construction
Code jurisdiction;
iv. Installation
projects which were begun within the 12 month period prior to July 5, 2000 may
be included in the plan for purposes of funding only to the extent that their
components are covered by National Fire Protection Association Standards 13,
13R and 13D.
(1) Projects begun within that
same 12 month period, for which a Certificate of Occupancy or Certificate of
Acceptance had not been issued prior to July 5, 2000, may also be included in
the initial 25 percent of total square footage identified in (b)1ii above;
and
v. Quarterly
progress reports shall be submitted to the Division to arrive within the two
week period following the first business day of the months of January, April,
July and October of each year. Such reports shall include, but shall not be
limited to, the following:
(1) Documentation
of the date(s) on which requests have been distributed for bids on work
contained in the approved plan;
(2)
Dates on which bids have been accepted and contracts awarded for work covered
under the approved plan;
(3)
Amounts of awards;
(4) Dates on
which applications for construction permits have been submitted and permits
issued; and
(5) Dates on which the
percentage of work required by the timetable of compliance in ii above shall
have been completed.
2. Upon review of an application for
extension from an entity responsible for submitting a plan, and following
consultation with the local enforcing agency having code enforcement
jurisdiction, the Commissioner may extend the time frames set forth in this
section upon a showing:
i. That the time
frame poses an unreasonable hardship; or
ii. That installation is not possible by the
dates established in this subsection for reasons beyond the control of the
entity.
iii. In the case of a
hardship related to asbestos which will be disturbed by the work or to an
historic building, there shall be a presumption of granting the
extension.
3. A written
application for a variance may be submitted to the Division in accordance with
5:70-2.14, for any proposed
deviation from these requirements or from the requirements of
5:70-4.7(j).