§ 2227. — Fire safety systems in federally assisted buildings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2227]
TITLE 15--COMMERCE AND TRADE
CHAPTER 49--FIRE PREVENTION AND CONTROL
Sec. 2227. Fire safety systems in federally assisted buildings
(a) Definitions
For purposes of this section, the following definitions apply:
(1) The term ``affordable cost'' means the cost to a Federal
agency of leasing office space in a building that is protected by an
automatic sprinkler system or equivalent level of safety, which cost
is no more than 10 percent greater than the cost of leasing
available comparable office space in a building that is not so
protected.
(2) The term ``automatic sprinkler system'' means an
electronically supervised, integrated system of piping to which
sprinklers are attached in a systematic pattern, and which, when
activated by heat from a fire--
(A) will protect human lives by discharging water over the
fire area, in accordance with the National Fire Protection
Association Standard 13, 13D, or 13R, whichever is appropriate
for the type of building and occupancy being protected, or any
successor standard thereto; and
(B) includes an alarm signaling system with appropriate
warning signals (to the extent such alarm systems and warning
signals are required by Federal, State, or local laws or
regulations) installed in accordance with the National Fire
Protection Association Standard 72, or any successor standard
thereto.
(3) The term ``equivalent level of safety'' means an alternative
design or system (which may include automatic sprinkler systems),
based upon fire protection engineering analysis, which achieves a
level of safety equal to or greater than that provided by automatic
sprinkler systems.
(4) The term ``Federal employee office building'' means any
office building in the United States, whether owned or leased by the
Federal Government, that is regularly occupied by more than 25 full-
time Federal employees in the course of their employment.
(5) The term ``housing assistance''--
(A) means assistance provided by the Federal Government to
be used in connection with the provision of housing,\1\ that is
provided in the form of a grant, contract, loan, loan guarantee,
cooperative agreement, interest subsidy, insurance, or direct
appropriation; and
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\1\ So in original. The comma probably should not appear.
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(B) does not include assistance provided by the Secretary of
Veterans Affairs; the Federal Emergency Management Agency; the
Secretary of Housing and Urban Development under the single
family mortgage insurance programs under the National Housing
Act [12 U.S.C. 1701 et seq.] or the homeownership assistance
program under section 235 of such Act [12 U.S.C. 1715z]; the
National Homeownership Trust; the Federal Deposit Insurance
Corporation under the affordable housing program under section
1831q of title 12; or the Resolution Trust Corporation under the
affordable housing program under section 1441a(c) of title 12.
(6) The term ``hazardous areas'' means those areas in a building
referred to as hazardous areas in National Fire Protection
Association Standard 101, known as the Life Safety Code, or any
successor standard thereto.
(7) The term ``multifamily property'' means--
(A) in the case of housing for Federal employees or their
dependents, a residential building consisting of more than 2
residential units that are under one roof; and
(B) in any other case, a residential building consisting of
more than 4 residential units that are under one roof.
(8) The term ``prefire plan'' means specific plans for fire
fighting activities at a property or location.
(9) The term ``rebuilding'' means the repairing or
reconstructing of portions of a multifamily property where the cost
of the alterations is 70 percent or more of the replacement cost of
the completed multifamily property, not including the value of the
land on which the multifamily property is located.
(10) The term ``renovated'' means the repairing or
reconstructing of 50 percent or more of the current value of a
Federal employee office building, not including the value of the
land on which the Federal employee office building is located.
(11) The term ``smoke detectors'' means single or multiple
station, self-contained alarm devices designed to respond to the
presence of visible or invisible particles of combustion, installed
in accordance with the National Fire Protection Association Standard
74 or any successor standard thereto.
(12) The term ``United States'' means the States collectively.
(b) Federal employee office buildings
(1)(A) No Federal funds may be used for the construction or purchase
of a Federal employee office building of 6 or more stories unless during
the period of occupancy by Federal employees the building is protected
by an automatic sprinkler system or equivalent level of safety. No
Federal funds may be used for the construction or purchase of any other
Federal employee office building unless during the period of occupancy
by Federal employees the hazardous areas of the building are protected
by automatic sprinkler systems or an equivalent level of safety.
(B)(i) Except as provided in clause (ii), no Federal funds may be
used for the lease of a Federal employee office building of 6 or more
stories, where at least some portion of the federally leased space is on
the sixth floor or above and at least 35,000 square feet of space is
federally occupied, unless during the period of occupancy by Federal
employees the entire Federal employee office building is protected by an
automatic sprinkler system or equivalent level of safety. No Federal
funds may be used for the lease of any other Federal employee office
building unless during the period of occupancy by Federal employees the
hazardous areas of the entire Federal employee office building are
protected by automatic sprinkler systems or an equivalent level of
safety.
(ii) The first sentence of clause (i) shall not apply to the lease
of a building the construction of which is completed before October 26,
1992, if the leasing agency certifies that no suitable building with
automatic sprinkler systems or an equivalent level of safety is
available at an affordable cost.
(2) Paragraph (1) shall not apply to--
(A) a Federal employee office building that was owned by the
Federal Government before October 26, 1992;
(B) space leased in a Federal employee office building if the
space was leased by the Federal Government before October 26, 1992;
(C) space leased on a temporary basis for not longer than 6
months;
(D) a Federal employee office building that becomes a Federal
employee office building pursuant to a commitment to move Federal
employees into the building that is made prior to October 26, 1992;
or
(E) a Federal employee office building that is owned or managed
by the Resolution Trust Corporation.
Nothing in this subsection shall require the installation of an
automatic sprinkler system or equivalent level of safety by reason of
the leasing, after October 26, 1992, of space below the sixth floor in a
Federal employee office building.
(3) No Federal funds may be used for the renovation of a Federal
employee office building of 6 or more stories that is owned by the
Federal Government unless after that renovation the Federal employee
office building is protected by an automatic sprinkler system or
equivalent level of safety. No Federal funds may be used for the
renovation of any other Federal employee office building that is owned
by the Federal Government unless after that renovation the hazardous
areas of the Federal employee office building are protected by automatic
sprinkler systems or an equivalent level of safety.
(4) No Federal funds may be used for entering into or renewing a
lease of a Federal employee office building of 6 or more stories that is
renovated after October 26, 1992, where at least some portion of the
federally leased space is on the sixth floor or above and at least
35,000 square feet of space is federally occupied, unless after that
renovation the Federal employee office building is protected by an
automatic sprinkler system or equivalent level of safety. No Federal
funds may be used for entering into or renewing a lease of any other
Federal employee office building that is renovated after October 26,
1992, unless after that renovation the hazardous areas of the Federal
employee office building are protected by automatic sprinkler systems or
an equivalent level of safety.
(c) Housing
(1)(A) Except as otherwise provided in this paragraph, no Federal
funds may be used for the construction, purchase, lease, or operation by
the Federal Government of housing in the United States for Federal
employees or their dependents unless--
(i) in the case of a multifamily property acquired or rebuilt by
the Federal Government after October 26, 1992, the housing is
protected, before occupancy by Federal employees or their
dependents, by an automatic sprinkler system (or equivalent level of
safety) and hard-wired smoke detectors; and
(ii) in the case of any other housing, the housing, before--
(I) occupancy by the first Federal employees (or their
dependents) who do not occupy such housing as of October 26,
1992; or
(II) the expiration of 3 years after October 26, 1992,
whichever occurs first, is protected by hard-wired smoke detectors.
(B) Nothing in this paragraph shall be construed to supersede any
guidelines or requirements applicable to housing for Federal employees
that call for a higher level of fire safety protection than is required
under this paragraph.
(C) Housing covered by this paragraph that does not have an adequate
and reliable electrical system shall not be subject to the requirement
under subparagraph (A) for protection by hard-wired smoke detectors, but
shall be protected by battery operated smoke detectors.
(D) If funding has been programmed or designated for the demolition
of housing covered by this paragraph, such housing shall not be subject
to the fire protection requirements of subparagraph (A), but shall be
protected by battery operated smoke detectors.
(2)(A)(i) Housing assistance may not be used in connection with any
newly constructed multifamily property, unless after the new
construction the multifamily property is protected by an automatic
sprinkler system and hard-wired smoke detectors.
(ii) For purposes of clause (i), the term ``newly constructed
multifamily property'' means a multifamily property of 4 or more stories
above ground level--
(I) that is newly constructed after October 26, 1992; and
(II) for which (a) housing assistance is used for such new
construction, or (b) a binding commitment is made, before
commencement of such construction, to provide housing assistance for
the newly constructed property.
(iii) Clause (i) shall not apply to any multifamily property for
which, before October 26, 1992, a binding commitment is made to provide
housing assistance for the new construction of the property or for the
newly constructed property.
(B)(i) Except as provided in clause (ii), housing assistance may not
be used in connection with any rebuilt multifamily property, unless
after the rebuilding the multifamily property complies with the chapter
on existing apartment buildings of National Fire Protection Association
Standard 101 (known as the Life Safety Code) or any successor standard
to that standard, as in effect at the earlier of (I) the time of any
approval by the Department of Housing and Urban Development of the
specific plan or budget for rebuilding, or (II) the time that a binding
commitment is made to provide housing assistance for the rebuilt
property.
(ii) If any rebuilt multifamily property is subject to, and in
compliance with, any provision of a State or local fire safety standard
or code that prevents compliance with a specific provision of National
Fire Protection Association Standard 101 or any successor standard to
that standard, the requirement under clause (i) shall not apply with
respect to such specific provision.
(iii) For purposes of this subparagraph, the term ``rebuilt
multifamily property'' means a multifamily property of 4 or more stories
above ground level--
(I) that is rebuilt after the last day of the second fiscal year
that ends after October 26, 1992; and
(II) for which (a) housing assistance is used for such
rebuilding, or (b) a binding commitment is made, before commencement
of such rebuilding, to provide housing assistance for the rebuilt
property.
(C) After the expiration of the 180-day period beginning on October
26, 1992, housing assistance may not be used in connection with any
other dwelling unit, unless the unit is protected by a hard-wired or
battery-operated smoke detector. For purposes of this subparagraph,
housing assistance shall be considered to be used in connection with a
particular dwelling unit only if such assistance is provided (i) for the
particular unit, in the case of assistance provided on a unit-by-unit
basis, or (ii) for the multifamily property in which the unit is
located, in the case of assistance provided on a structure-by-structure
basis.
(d) Regulations
The Administrator of General Services, in cooperation with the
United States Fire Administration, the National Institute of Standards
and Technology, and the Department of Defense, within 2 years after
October 26, 1992, shall promulgate regulations to further define the
term ``equivalent level of safety'', and shall, to the extent
practicable, base those regulations on nationally recognized codes.
(e) State and local authority not limited
Nothing in this section shall be construed to limit the power of any
State or political subdivision thereof to implement or enforce any law,
rule, regulation, or standard that establishes requirements concerning
fire prevention and control. Nothing in this section shall be construed
to reduce fire resistance requirements which otherwise would have been
required.
(f) Prefire plan
The head of any Federal agency that owns, leases, or operates a
building or housing unit with Federal funds shall invite the local
agency or voluntary organization having responsibility for fire
protection in the jurisdiction where the building or housing unit is
located to prepare, and biennially review, a prefire plan for the
building or housing unit.
(g) Reports to Congress
(1) Within 3 years after October 26, 1992, and every 3 years
thereafter, the Administrator of General Services shall transmit to
Congress a report on the level of fire safety in Federal employee office
buildings subject to fire safety requirements under this section. Such
report shall contain a description of such buildings for each Federal
agency.
(2) Within 10 years after October 26, 1992, each Federal agency
providing housing to Federal employees or housing assistance shall
submit a report to Congress on the progress of that agency in
implementing subsection (c) of this section and on plans for continuing
such implementation.
(3)(A) The National Institute of Standards and Technology shall
conduct a study and submit a report to Congress on the use, in
combination, of fire detection systems, fire suppression systems, and
compartmentation. Such study shall--
(i) quantify performance and reliability for fire detection
systems, fire suppression systems, and compartmentation, including a
field assessment of performance and determination of conditions
under which a reduction or elimination of 1 or more of those systems
would result in an unacceptable risk of fire loss; and
(ii) include a comparative analysis and compartmentation using
fire resistive materials and compartmentation using noncombustible
materials.
(B) The National Institute of Standards and Technology shall obtain
funding from non-Federal sources in an amount equal to 25 percent of the
cost of the study required by subparagraph (A). Funding for the National
Institute of Standards and Technology for carrying out such study shall
be derived from amounts otherwise authorized to be appropriated, for the
Building and Fire Research Center at the National Institute of Standards
and Technology, not to exceed $750,000. The study shall commence until
receipt of all matching funds from non-Federal sources. The scope and
extent of the study shall be determined by the level of project funding.
The Institute shall submit a report to Congress on the study within 30
months after October 26, 1992.
(h) Relation to other requirements
In the implementation of this section, the process for meeting space
needs in urban areas shall continue to give first consideration to a
centralized community business area and adjacent areas of similar
character to the extent of any Federal requirement therefor.
(Pub. L. 93-498, Sec. 31, as added Pub. L. 102-522, title I,
Sec. 106(a), Oct. 26, 1992, 106 Stat. 3412; amended Pub. L. 103-254,
Sec. 6, May 19, 1994, 108 Stat. 682; Pub. L. 104-316, title I, Sec. 107,
Oct. 19, 1996, 110 Stat. 3832; Pub. L. 105-108, Sec. 3(4), (5), Nov. 20,
1997, 111 Stat. 2264.)
References in Text
The National Housing Act, referred to in subsec. (a)(5)(B), is act
June 27, 1934, ch. 847, 48 Stat. 1246, as amended, which is classified
principally to chapter 13 (Sec. 1701 et seq.) of Title 12, Banks and
Banking. For complete classification of this Act to the Code, see
References in Text note set out under section 1701 of Title 12 and
Tables.
Amendments
1997--Subsec. (c)(2)(B)(i). Pub. L. 105-108, Sec. 3(4), inserted
``or any successor standard to that standard'' after ``(known as the
Life Safety Code)''.
Subsec. (c)(2)(B)(ii). Pub. L. 105-108, Sec. 3(5), inserted ``or any
successor standard to that standard'' after ``Association Standard
101''.
1996--Subsec. (b)(1)(B)(iii). Pub. L. 104-316 struck out cl. (iii)
which read as follows: ``Within 3 years after October 26, 1992, and
periodically thereafter, the Comptroller General shall audit a selection
of certifications made under clause (ii) and report to Congress on the
results of such audit.''
1994--Subsec. (c)(1)(A). Pub. L. 103-254, Sec. 6(1), substituted
``Except as otherwise provided in this paragraph, no Federal'' for ``No
Federal''.
Subsec. (c)(1)(C), (D). Pub. L. 103-254, Sec. 6(2), added subpars.
(C) and (D).
Effective Date
Section 106(b) of Pub. L. 102-522 provided that: ``Subsection (b) of
section 31 of the Federal Fire Prevention and Control Act of 1974 [15
U.S.C. 2227], as added by subsection (a) of this section, shall take
effect 2 years after the date of enactment of this Act [Oct. 26,
1992].''
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the
Federal Emergency Management Agency, including the functions of the
Director of the Federal Emergency Management Agency relating thereto, to
the Secretary of Homeland Security, and for treatment of related
references, see sections 313(1), 551(d), 552(d), and 557 of Title 6,
Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.
