ARTICLE
24 November 2003

Chicago City Council Repeals Fire Door Ordinance, Passes Replacement

Chicago City Council passed an amendment to its high rise ordinance. That amendment imposed new restrictions on the use of fire doors in buildings more than 80 feet above grade. Meeting on Wednesday, November 19, they have now repealed that amendment
United States Real Estate and Construction

Originally published November 20, 2003

Late last week, the Chicago City Council passed an amendment to its high rise ordinance. That amendment imposed new restrictions on the use of fire doors in buildings more than 80 feet above grade. Meeting on Wednesday, November 19, they have now repealed that amendment.

In its stead, the council has passed a substitute ordinance regulating fire doors in buildings more than 80 feet above grade. The ordinance amends Chapter 13-196 of the Municipal Code, which provides the minimum requirements for existing buildings located in Chicago. The substitute ordinance applies to all buildings regardless of construction type, use, landmark status, or date of construction. As adopted, this ordinance does not clearly state whether it applies to new construction.

Like the previous amendment, this ordinance provides owners and operators of such buildings two options for their fire doors.

In the first option, all fire doors are to be left unlocked. This option will provide re-entry from the staircase to the building interior.

In the second option, all building fire doors must have a fail-safe automatic electronic door release system (the previous, repealed ordinance called this an electric door release system). Under this option, building management and firefighters must be able to activate the lock release system manually via a single switch, and the system must also operate automatically, via smoke detectors connected to an annunciator panel.

Building owners who choose the latter option have until December 31, 2004, to install the necessary hardware.

Actions to Take in Light of the Newest Ordinance

Operators of buildings more than 80 feet above grade who choose Option 2 (the door release system) must keep several aspects of the new law in mind.

A telephone "or other two-way communications system connected to an approved station" must be provided on at least every fifth floor in each stairway that has locked doors. This system must be installed by January 1, 2005.

In the period before December 31, 2004, building owners who choose Option 2 must implement these "transitional measures":

No fewer than two doors that lead to the building interior must be permanently unlocked. This is to allow access to another exit stairway. Those two permanently unlocked doors must be separated by no more than four intervening floors. In addition, re-entry to the building interior will have to be possible at all times at either the highest story or the second highest story, whichever allows access to another exit stairway.

Stairway doors that allow re-entry will have to be marked as such.

Doors that do not allow re-entry will have to bear a sign indicating the location of the nearest door that does allow re-entry or exit, in each direction of travel.

Note that operators of buildings more than four stories tall and taller than 80 feet above grade must comply with this rule immediately. Operators of building of more than four stories which are shorter than 80 feet above grade have until January 1, 2005 to comply with the interim requirements described above. Full compliance with the technical requirements may not be possible for buildings under 80 feet in height.

In the coming months, the Commissioner of Construction and Permits and the Fire Commissioner will issue guidelines for the approval of stations in buildings using Option 2.

SUBSTITUTE ORDINANCE

BE IT ORDANIED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:

SECTION 1. Chapter 13-196 of the Municipal Code of the City of Chicago is hereby amended by adding a new section 13-196-084, as follows:

13-196-084 Stairway re-entry in existing buildings.

(a) In buildings not required to comply with Chapter 13-76, every stairwell enclosure that serves more than four stories shall comply with one of the following requirements, as a minimum standard:

Option 1. The stairwell enclosure doors shall not be locked from the stairwell side at any time, in order to provide re- entry from the stair enclosure to the interior of the building; or

Option 2. The stairwell enclosure doors shall be equipped with a fail-safe electronic lock release system that is activated both manually, by a single switch accessible to building management and firefighting personnel, and automatically, by approved smoke detectors connected to an annunciator panel. If this option is selected, a telephone or other two-way communications system connected to an approved station shall be provided at not less than every fifth floor in each stairway where the doors to the stairway are locked, no later than January 1, 2005.

During the time necessary to install a lock release system under this Option 2, but in no event beyond December 31, 2004, the transitional measures listed as (A) through (E) below may be used. Doors on stair enclosures may be equipped with hardware that prevents re-entry into the interior of the building, provided that all of the following criteria are met:

(A) There shall be not less than two levels where doors leading to the building interior are permanently unlocked, permitting access to another exit stair; and

(B) There shall be not more than four stories intervening between stairwell enclosure doors that provide access to another exit stair; and

(C) Re-entry to the building interior shall be possible at all times on the highest story or the second highest story, whichever allows access to another exit stair; and

(D) Doors allowing re-entry shall be identified as such on the stair side of the door; and

(E) Doors not allowing re-entry shall be provided with a sign on the stair side indicating the location of the nearest door, in each direction of travel, that allows re-entry or exit.

(b) Regardless of which option is selected under subsection (a) of this section, stairwell enclosure doors of the main egress level of the building shall remain unlocked from the stairwell enclosure side at all times.

(c) Every building of more than four stories, and having a height in excess of 80 feet above grade, shall comply with subsection (a) of this section upon this section's taking effect. Every building of more than four stories, and having a height not exceeding 80 feet above grade, shall comply with subsection (a) of this section no later than January 1, 2005.

(d) No later than May 1, 2004, the executive director of the department of construction and permits and the fire commissioner shall issue guidelines for the approval of stations in buildings where Option 2 described in subsection (a) has been selected.

SECTION 2. The ordinance passed by the City Council of the City of Chicago on November 5, 2003, and published at pages 11465-11466 of the Journal of Proceedings of the City Council of that date is hereby repealed.

SECTION 3. This ordinance shall take effect upon its passage and approval.

This article is intended to provide information on recent legal developments. It should not be construed as legal advice or legal opinion on specific facts. Pursuant to applicable Rules of Professional Conduct, it may constitute advertising.

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