Purpose:
To enhance compliance with applicable codes and demonstrate commitment
to fire and life safety protection
Date Approved:
May
8, 2003
Background:
In
1999, the Texas State Fire Marshal’s Office was given statutory authority to
inspect public buildings for compliance with the National Fire Protection
Association (NFPA) Life Safety Code and to make recommendations and/or
order correction of identified deficiencies. The State Fire Marshal’s Office is required to report its findings from
these inspections to the State Senate Finance Committee and House
Appropriations Committee. Adoption of
the Fire and Life Safety Review Policy for Acquisitions and Conversions of
Buildings to be Used for Campus Purposes implements prudent business practices,
which enhance U. T. System’s compliance with applicable codes and further
demonstrate U. T. System’s commitment to fire and life safety protection.
It is the policy of The
University of Texas System to ensure that, before the U. T. System uses
any building for campus purposes, it is in compliance with the applicable fire
and life safety code. Consequently,
this policy requires advance inquiry about the fire and life safety features of
any building that the U. T. System proposes to acquire or to convert for
campus purposes. Additionally, this
policy requires an evaluation of the fire and life safety deficiencies of the
building and of the corrective actions or renovations required to remedy the
deficiencies.
Buildings owned or leased by
U. T. System and used for campus purposes shall comply with the edition of
the National Fire Protection Association Life Safety Code 101 (NFPA 101) or,
when applicable, National Fire Protection Association Code 101A (NFPA 101A)
adopted and enforced by the Texas State Fire Marshal’s Office of the Texas
Department of Insurance, as such codes may be amended or supplanted from time
to time. This policy governs
acquisitions of real property with buildings to be used for campus purposes,
whether the acquisition of the real property interest is by gift, purchase, or
lease, and conversions of buildings that are to be used for campus
purposes. This policy applies to
acquisitions and conversions that are initiated after the effective date of
this policy. Acquisitions and conversions
in process before the policy effective date are exempt from the requirements of
this policy.
Assembly Occupancy: As
defined by the NFPA, a building (1) used for a gathering of 50 or more persons
for deliberation, worship, entertainment, eating, drinking, amusement, awaiting
transportation, or similar uses; or (2) used as a special amusement
building, regardless of occupant load.
Building Used for Campus Purposes: A building or space within a building that is used by U. T.
System for education, research, patient care, auxiliary enterprises, business
functions, or such other related purposes and uses for the furtherance and
fulfillment of the missions of the U. T. System and that is intended for
human occupancy.
Component Institution: Component institutions include U. T. Arlington, U. T.
Austin, U. T. Brownsville, U. T. Dallas, U. T. El Paso,
U. T. Pan American, U. T. Permian Basin, U. T. San Antonio, U. T.
Tyler, U. T. Southwestern Medical Center - Dallas, U. T. Medical
Branch - Galveston, U. T. Health Science Center - Houston, U. T.
Health Science Center - San Antonio, U. T. M. D. Anderson Cancer
Center, U. T. Health Center - Tyler, and U. T. System Administration.
Component Institution Staff Member Responsible for
Campus Structures: The staff member at a component
institution who is responsible for campus structures and who may have the job
title of Director of Campus Planning or Physical Plant Director. The term also includes that staff member’s
designee.
Component Institution Staff Member Responsible for
Campus Safety: The staff member at a component institution
who is responsible for campus safety and who may have the job title of Director
of Environmental Health and Safety or Institution Safety Officer. The term also includes that staff member’s
designee.
Life Safety Evaluation: An evaluation to determine a building’s compliance with the
edition of the NFPA 101 or, when applicable, NFPA 101A, adopted and enforced by
the Texas State Fire Marshal’s Office of the Texas Department of Insurance at
the time of building acquisition or conversion.
Qualified Campus Safety Staff Member: A campus safety staff member with the following
qualifications: Board of Certified
Safety Professionals - Certified Safety Professional; Texas Workers'
Compensation - State Approved Professional Safety Source; National Fire
Protection Association (NFPA 1031) Fire Inspector Certification; or a
certification currently recognized by the Texas State Fire Marshal’s Office of
the Texas Department of Insurance.
Special Structure: As
defined by the NFPA, special structures are open structures, towers,
water-surrounded structures, piers, vehicles and vessels, underground, and
windowless structures.
The Life Safety Evaluation Process
Requirement
for a Life Safety Evaluation
A Life
Safety Evaluation shall be performed under the following circumstances:
·
Before a decision is made by a component institution to acquire real
property that has any building(s) to be used for campus purposes; and
·
Before a building owned or leased by U. T. System that is not used
for campus purposes is converted to a building used for campus purposes.
A Life Safety Evaluation may
need to be performed when a component institution proposes to convert a
building that is currently used for campus purposes to a different use that is
also for campus purposes. The component
institution’s chief business officer shall consult with the component
institution staff member responsible for campus safety to determine if a Life
Safety Evaluation should be performed.
Performance
of the Life Safety Evaluation
Before deciding whether to
acquire or convert a building covered by this policy, the component
institution’s chief business officer shall direct the component institution
staff member responsible for campus structures or the component institution
staff member responsible for campus safety to gather the following preliminary
data regarding the building:
·
Last or current occupancy type,
·
Historic changes in occupancy,
·
Approximate age and general use,
·
Special hazards or processes,
·
Previous fire history,
·
Results of previous fire safety inspections,
·
Fire safety equipment (original or additional), and
·
Functionality and general condition of all fire and life safety features
that may be considered inherent to the structure.
The component institution’s
staff member may elect to complete the Preliminary Building Risk Assessment
Checklist, included as Attachment I to this policy, in order to collect some of
the preliminary data.
Such preliminary data will
be forwarded to the component institution’s chief business officer and the
component institution staff members responsible for campus structures and
safety. If, based upon review of the
preliminary data, and after consultation with the component institution staff
members responsible for campus structures and safety, the chief business
officer decides to proceed with acquisition or conversion of the building, a
Life Safety Evaluation shall be performed.
A Life Safety Evaluation
must be conducted by a fire protection-engineering firm, by a qualified campus
safety staff member, or by the U. T. System property insurance carrier
engineer (if available as an additional service under the U. T. System’s
Comprehensive Property Protection Program). A fire protection-engineering firm must be retained to conduct a Life
Safety Evaluation whenever the building is over seven stories high or
classified by the NFPA as a high-rise structure; or the building is intended to
be used as a medical treatment facility, a research laboratory, a dormitory, an
assembly occupancy, or a special structure. Refer to the Definitions section of this policy for the definitions of
assembly occupancy and special structure.
The person who conducts the
Life Safety Evaluation shall prepare and deliver to the chief business officer
a written report that notes all deficiencies, if any, that may prevent the
building from meeting applicable NFPA 101 or NFPA 101A standards. Unless a donor, lessor, or other outside
party agrees to pay for the Life Safety Evaluation, the component institution
shall pay all costs to perform a Life Safety Evaluation.
Evaluation
of the Life Safety Evaluation Report
Upon review of the Life
Safety Evaluation Report, and after consultation with the component institution
staff members responsible for campus structures and safety, the component
institution’s chief business officer may decide to abandon the acquisition or
conversion, to change to a more compatible use, to demolish the structure, or
to continue the evaluation of the possible corrective actions and
renovations. The continued evaluation
should take into consideration the actual costs of the corrective
actions/renovations, the indirect costs resulting from the delay in use of the
building, and the advantages to be gained by the use of the building. The component institution staff members
responsible for campus structures and safety will be consulted regarding
corrective action/renovation matters. In addition, the U. T. System Office of Facilities Planning and Construction
(OFPC) will be consulted regarding corrective action/renovation matters
if the magnitude of the corrective action/renovation would normally require
management by OFPC.
Plan and
Budget for Corrective Actions/Renovations
If the chief business officer elects to acquire or convert a building for which the Life Safety Evaluation notes NFPA 101 or NFPA 101A deficiencies, the chief business officer shall prepare a plan that outlines when and how all identified NFPA 101 or NFPA 101A deficiencies will be corrected or a plan to implement alternative fire and life safety measures that are satisfactory to the State Fire Marshal. U. T. System, Office of Risk Management shall be available to assist with negotiations with the State Fire Marshal. The chief business officer shall also establish a budget for the corrective action plan or alternative fire and life safety measures plan. The chief business officer shall send a co