16.04.180 Retroactive application of VMC 16.04.170 – Automatic sprinkler systems in buildings larger than 12,000 square feet.
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A. It is not the intent of VMC Section 16.04.170, IFC Section 903.2.10.4, to require automatic fire-extinguishing equipment to be installed in buildings constructed pursuant to building permits issued on or before December 3, 1978 which are more than thirty-six feet in height above grade or which have a total floor area over twelve thousand square feet, unless the building official, after consultation with the fire code official, determines by use of the following criteria that the building constitutes a hazard to life.
B. In making determinations under this section, the building official and fire code official shall consider the building and building contents and all the following factors:
1. Whether or not the building lacks adequate exits, including stairways, corridors, and sufficient doorways, based upon the standards therefore set out in the International Building Code.
2. Whether or not the building has an interior finish with a flame spread classification and/or smoke density greater than that permitted under Chapter 8 of the International Building Code.
3. Whether or not the building has unprotected vertical openings in excess of that permitted in the International Building Code.
C. It is provided, however, in the case of buildings constructed pursuant to building permits issued on or before December 3, 1978, without automatic fire-extinguishing systems and required under this section to install such systems, that the owner of such property, within thirty days of notice by the building official to comply with this section, may apply to the building department for a temporary permit of occupancy for the building without an automatic fire-extinguishing system for its present purposes for a period not to exceed one year from the date of the permit. Such temporary permit shall be issued and then prior to the end of such period such fire-extinguishing system must be lawfully installed; provided such temporary permit shall not be granted in any case in which an immediate and grave hazard of fire or explosion is found to exist by the building official.
D. Orders or determinations under this section shall be subject to appeal by the property owner or tenant under the provisions of VMC Title 22.
E. No occupancy permit shall be issued to a building covered by this section to permit its change of use unless its change is to a use for which an automatic fire extinguishing system is not required or unless the system is installed in the building. (Ord. M-4138 §19, 2015; Ord. M-3659 §1, 2004)