15 U.S.C. § 2227 — Fire safety systems in federally assisted

Page 1807 TITLE 15—COMMERCE AND TRADE § 2227 (b) Waiver (1) In general The head of an agency of the Federal Gov- ernment sponsoring or funding a particular meeting, convention, conference, or training seminar may waive the prohibition described in subsection (a) if the head of such agency de- termines that a waiver of such prohibition is necessary in the public interest in the case of such particular event. (2) Delegation of authority The head of an agency of the Federal Gov- ernment may delegate the authority provided under paragraph (1) to waive the prohibition described in subsection (a) and to determine whether such a waiver is necessary in the pub- lic interest to an officer or employee of the agency if such officer or employee is given such authority with respect to all meetings, conventions, conferences, and training semi- nars sponsored or funded by the agency. (c) Notice requirements (1) Advertisements and applications (A) Any advertisement for or application for attendance at a meeting, convention, con- ference, or training seminar sponsored or funded in whole or in part by the Federal Gov- ernment shall include a notice regarding the prohibition described in subsection (a). (B) The requirement described in subpara- graph (A) shall not apply in the case of an event for which a head of an agency of the Federal Government, pursuant to subsection (b), waives the prohibition described in sub- section (a). (2) Providing notice to recipients of funds (A) Each Executive department, Government corporation, and independent establishment providing Federal funds to non-Federal enti- ties shall notify recipients of such funds of the prohibition described in subsection (a). (B) In subparagraph (A), the terms ‘‘Execu- tive department’’, ‘‘Government corporation’’, and ‘‘independent establishment’’ have the meanings given such terms in chapter 1 of title 5. (d) Effective date The provisions of this section shall take effect on the first day of the first fiscal year that be- gins after the expiration of the 425-day period that begins on the date of the publication in the Federal Register of the master list referred to in section 2224(b) of this title. (Pub. L. 101–391, § 6, Sept. 25, 1990, 104 Stat. 751.) Editorial Notes CODIFICATION Section was enacted as part of the Hotel and Motel Fire Safety Act of 1990, and not as part of the Federal Fire Prevention and Control Act of 1974 which com- prises this chapter. § 2226. Dissemination of fire prevention and con- trol information The Administrator of FEMA, acting through the Administrator, is authorized to take steps to encourage the States to promote the use of automatic sprinkler systems and automatic smoke detection systems, and to disseminate to the maximum extent possible information on the life safety value and use of such systems. Such steps may include, but need not be limited to, providing copies of the guidelines described in section 2225 of this title and of the master list compiled under section 2224(b) of this title to Federal agencies, State and local governments, and fire services throughout the United States, and making copies of the master list compiled under section 2224(b) of this title available upon request to interested private organizations and individuals. (Pub. L. 93–498, § 30, as added Pub. L. 101–391, § 3(a), Sept. 25, 1990, 104 Stat. 748; amended Pub. L. 112–239, div. A, title XVIII, § 1802(b)(1), Jan. 2, 2013, 126 Stat. 2100.) Editorial Notes AMENDMENTS 2013—Pub. L. 112–239 substituted ‘‘Administrator of FEMA’’ for ‘‘Director’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 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 auto- matic sprinkler system or equivalent level of safety, which cost is no more than 10 percent greater than the cost of leasing available com- parable 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 at- tached in a systematic pattern, and which, when activated by heat from a fire— (A) will protect human lives by dis- charging water over the fire area, in accord- ance with the National Fire Protection As- sociation Standard 13, 13D, or 13R, whichever is appropriate for the type of building and occupancy being protected, or any successor standard thereto; and Page 1808 TITLE 15—COMMERCE AND TRADE § 2227 1 So in original. The comma probably should not appear. 2 See References in Text note below. (B) includes an alarm signaling system with appropriate warning signals (to the ex- tent 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 anal- ysis, which achieves a level of safety equal to or greater than that provided by automatic sprinkler systems. (4) The term ‘‘Federal employee office build- ing’’ means any office building in the United States, whether owned or leased by the Fed- eral 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 Fed- eral Government to be used in connection with the provision of housing,1 that is pro- vided in the form of a grant, contract, loan, loan guarantee, cooperative agreement, in- terest subsidy, insurance, or direct appro- priation; and (B) does not include assistance provided by the Secretary of Veterans Affairs; the Fed- eral Emergency Management Agency; the Secretary of Housing and Urban Develop- ment under the single family mortgage in- surance programs under the National Hous- ing Act [12 U.S.C. 1701 et seq.] or the home- ownership 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) 2 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 em- ployees or their dependents, a residential building consisting of more than 2 residen- tial units that are under one roof; and (B) in any other case, a residential build- ing 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 repair- ing or reconstructing of portions of a multi- family property where the cost of the alter- ations is 70 percent or more of the replace- ment cost of the completed multifamily prop- erty, not including the value of the land on which the multifamily property is located. (10) The term ‘‘renovated’’ means the repair- ing 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 sin- gle or multiple station, self-contained alarm devices designed to respond to the presence of visible or invisible particles of combustion, in- stalled 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 sprin- kler 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 Fed- eral 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 occu- pied, 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 un- less 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 af- fordable 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 in- stallation of an automatic sprinkler system or Page 1809 TITLE 15—COMMERCE AND TRADE § 2227 equivalent level of safety by reason of the leas- ing, 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 ren- ovation 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 ren- ovated 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 of- fice building is protected by an automatic sprin- kler 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 haz- ardous 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 de- pendents unless— (i) in the case of a multifamily property ac- quired 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 employ- ees (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 con- strued to supersede any guidelines or require- ments applicable to housing for Federal employ- ees that call for a higher level of fire safety pro- tection 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 des- ignated for the demolition of housing covered by this paragraph, such housing shall not be sub- ject to the fire protection requirements of sub- paragraph (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 multi- family property, unless after the new construc- tion 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 as- sistance for the newly constructed property. (iii) Clause (i) shall not apply to any multi- family 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 prop- erty. (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 com- plies with the chapter on existing apartment buildings of National Fire Protection Associa- tion Standard 101 (known as the Life Safety Code) or any successor standard to that stand- ard, 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 budg- et for rebuilding, or (II) the time that a binding commitment is made to provide housing assist- ance for the rebuilt property. (ii) If any rebuilt multifamily property is sub- ject 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 commit- ment 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 as- sistance shall be considered to be used in con- nection with a particular dwelling unit only if such assistance is provided (i) for the particular Page 1810 TITLE 15—COMMERCE AND TRADE § 2227 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-struc- ture basis. (d) Regulations The Administrator of General Services, in co- operation with the United States Fire Adminis- tration, the National Institute of Standards and Technology, and the Department of Defense, within 2 years after October 26, 1992, shall pro- mulgate regulations to further define the term ‘‘equivalent level of safety’’, and shall, to the extent practicable, base those regulations on na- tionally 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 subdivi- sion thereof to implement or enforce any law, rule, regulation, or standard that establishes re- quirements concerning fire prevention and con- trol. 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 em- ployee office buildings subject to fire safety re- quirements 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 agen- cy in implementing subsection (c) 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 sys- tems, 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 mate- rials and compartmentation using noncombus- tible materials. (B) The National Institute of Standards and Technology shall obtain funding from non-Fed- eral sources in an amount equal to 25 percent of the cost of the study required by subparagraph (A). Funding for the National Institute of Stand- ards and Technology for carrying out such study shall be derived from amounts otherwise author- ized 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 deter- mined by the level of project funding. The Insti- tute 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 adja- cent areas of similar character to the extent of any Federal requirement therefor. (Pub. L. 93–498, § 31, as added Pub. L. 102–522, title I, § 106(a), Oct. 26, 1992, 106 Stat. 3412; amended Pub. L. 103–254, § 6, May 19, 1994, 108 Stat. 682; Pub. L. 104–316, title I, § 107, Oct. 19, 1996, 110 Stat. 3832; Pub. L. 105–108, § 3(4), (5), Nov. 20, 1997, 111 Stat. 2264.) Editorial Notes REFERENCES IN TEXT The National Housing Act, referred to in subsec. (a)(5)(B), is act June 27, 1934, ch. 847, 48 Stat. 1246, which is classified principally to chapter 13 (§ 1701 et seq.) of Title 12, Banks and Banking. For complete classifica- tion of this Act to the Code, see References in Text note set out under section 1701 of Title 12 and Tables. Section 1441a(c) of title 12, referred to in subsec. (a)(5)(B), was repealed by Pub. L. 111–203, title III, § 364(b), July 21, 2010, 124 Stat. 1555. AMENDMENTS 1997—Subsec. (c)(2)(B)(i). Pub. L. 105–108, § 3(4), in- serted ‘‘or any successor standard to that standard’’ after ‘‘(known as the Life Safety Code)’’. Subsec. (c)(2)(B)(ii). Pub. L. 105–108, § 3(5), inserted ‘‘or any successor standard to that standard’’ after ‘‘Asso- ciation Standard 101’’. 1996—Subsec. (b)(1)(B)(iii). Pub. L. 104–316 struck out cl. (iii) which read as follows: ‘‘Within 3 years after Oc- tober 26, 1992, and periodically thereafter, the Comp- troller General shall audit a selection of certifications made under clause (ii) and report to Congress on the re- sults of such audit.’’ 1994—Subsec. (c)(1)(A). Pub. L. 103–254, § 6(1), sub- stituted ‘‘Except as otherwise provided in this para- graph, no Federal’’ for ‘‘No Federal’’. Subsec. (c)(1)(C), (D). Pub. L. 103–254, § 6(2), added sub- pars. (C) and (D). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 102–522, title I, § 106(b), Oct. 26, 1992, 106 Stat. 3417, 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 all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- Page 1811 TITLE 15—COMMERCE AND TRADE § 2229 gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 2228. CPR training No funds shall be made available to a State or local government under section 2221 of this title unless such government has a policy to actively promote the training of its firefighters in cardiopulmonary resuscitation. (Pub. L. 93–498, § 32, as added Pub. L. 103–254, § 5, May 19, 1994, 108 Stat. 682.) § 2229. Firefighter assistance (a) Definitions In this section: (1) Administrator of FEMA The term ‘‘Administrator of FEMA’’ means the Administrator of FEMA, acting through the Administrator. (2) Available grant funds The term ‘‘available grant funds’’, with re- spect to a fiscal year, means those funds ap- propriated pursuant to the authorization of appropriations in subsection (q)(1) for such fis- cal year less any funds used for administrative costs pursuant to subsection (q)(2) in such fis- cal year. (3) Career fire department The term ‘‘career fire department’’ means a fire department that has an all-paid force of firefighting personnel other than paid-on-call firefighters. (4) Combination fire department The term ‘‘combination fire department’’ means a fire department that has— (A) paid firefighting personnel; and (B) volunteer firefighting personnel. (5) Firefighting personnel The term ‘‘firefighting personnel’’ means in- dividuals, including volunteers, who are fire- fighters, officers of fire departments, or emer- gency medical service personnel of fire depart- ments. (6) Institution of higher education The term ‘‘institution of higher education’’ has the meaning given such term in section 1001 of title 20. (7) Nonaffiliated EMS organization The term ‘‘nonaffiliated EMS organization’’ means a public or private nonprofit emergency medical services organization that is not af- filiated with a hospital and does not serve a geographic area in which the Administrator of FEMA finds that emergency medical services are adequately provided by a fire department. (8) Paid-on-call The term ‘‘paid-on-call’’ with respect to fire- fighting personnel means firefighting per- sonnel who are paid a stipend for each event to which they respond. (9) Volunteer fire department The term ‘‘volunteer fire department’’ means a fire department that has an all-volun- teer force of firefighting personnel. (b) Assistance program (1) Authority In accordance with this section, the Admin- istrator of FEMA may award— (A) assistance to firefighters grants under subsection (c); and (B) fire prevention and safety grants and other assistance under subsection (d). (2) Administrative assistance The Administrator of FEMA shall— (A) establish specific criteria for the selec- tion of grant recipients under this section; and (B) provide assistance with application preparation to applicants for such grants. (c) Assistance to firefighters grants (1) In general The Administrator of FEMA may, in con- sultation with the chief executives of the States in which the recipients are located, award grants on a competitive basis directly to— (A) fire departments, for the purpose of protecting the health and safety of the pub- lic and firefighting personnel throughout the United States against fire, fire-related, and other hazards; (B) nonaffiliated EMS organizations to support the provision of emergency medical services; and (C) State fire training academies for the purposes described in subparagraphs (G), (H), and (I) of paragraph (3). (2) Maximum grant amounts (A) Population The Administrator of FEMA may not award a grant under this subsection in ex- cess of amounts as follows: (i) In the case of a recipient that serves a jurisdiction with 100,000 people or fewer, the amount of the grant awarded to such recipient shall not exceed $1,000,000 in any fiscal year. (ii) In the case of a recipient that serves a jurisdiction with more than 100,000 peo- ple but not more than 500,000 people, the amount of the grant awarded to such re- cipient shall not exceed $2,000,000 in any fiscal year. (iii) In the case of a recipient that serves a jurisdiction with more than 500,000 but not more than 1,000,000 people, the amount of the grant awarded to such recipient shall not exceed $3,000,000 in any fiscal year. (iv) In the case of a recipient that serves a jurisdiction with more than 1,000,000 peo-