Fire Curtain - Code Question

Sorry if I'm several years late to the thread but always interesting to see what one has wrought.

I became involved in developing codes and standards in 1987, starting with NFPA's Life Safety Code and the requirement in that code for both new and existing places of assembly was my first code change. If you don't like it, blame me along with all of the folks that agreed with me and voted for it, which did include a number of folks form the entertainment technology industry. The basis for it was that by my own observation and later in a "survey" (a bunch a telephone calls to rigging companies and consultants by me), many fire safety curtains simply would not close due to obstruction, wear and dirt and rust, or because they had been fastened opened as a result of false trapping. The range reported in the survey was that between 75 and 100% of fire safety curtains in this country do not work as intended. Couple this need to "exercise" the curtain to be sure it worked with the numerous and common falls of the stage during non-performance times and the more common European practice of regularly closing the curtain, and it became code. Subsequently NFPA 80 and PLASA E1.22 both included the requirement for regular closing.
Whether or not the local authorities, whether be the guy down the hall or the state fire marshal defending on your jurisdiction, adopts and/or enforces is a different issue from whether or not you want to follow either NFPA 80 or E1.22, both of which are American National Standards, and defend that choice should the need arise.
Sometimes there are changes in laws (like codes) that require changes to existing buildings. In 1960s, existing stages were required to have fire sprinklers installed. After the MGM hotel fire in Vegas, existing hotels were required to be sprinklered. Old buildings are required to be made accessible to people with disabilities. And many others.
In the end, I’m amazed how many times I’m in a theatre and no one has a recollection of ever having seen the fire curtain closed, and often fear testing it. You can defend the Rube Goldberg designs that make testing difficult and scarey, but I can’t and won’t. Systems and equipment for safety should be maintained and periodically tested to assure they will work if called upon. Plan motorizing your fire safety curtain.
 
Sorry if I'm several years late to the thread but always interesting to see what one has wrought.

I became involved in developing codes and standards in 1987, starting with NFPA's Life Safety Code and the requirement in that code for both new and existing places of assembly was my first code change. If you don't like it, blame me along with all of the folks that agreed with me and voted for it, which did include a number of folks form the entertainment technology industry. The basis for it was that by my own observation and later in a "survey" (a bunch a telephone calls to rigging companies and consultants by me), many fire safety curtains simply would not close due to obstruction, wear and dirt and rust, or because they had been fastened opened as a result of false trapping. The range reported in the survey was that between 75 and 100% of fire safety curtains in this country do not work as intended. Couple this need to "exercise" the curtain to be sure it worked with the numerous and common falls of the stage during non-performance times and the more common European practice of regularly closing the curtain, and it became code. Subsequently NFPA 80 and PLASA E1.22 both included the requirement for regular closing.
Whether or not the local authorities, whether be the guy down the hall or the state fire marshal defending on your jurisdiction, adopts and/or enforces is a different issue from whether or not you want to follow either NFPA 80 or E1.22, both of which are American National Standards, and defend that choice should the need arise.
I find the general concepts of "codes" is widely misunderstood. NFPA, NEC, ICC, etc. do not create building codes, they create model codes that governing authorities can then use by reference in the legislation that addresses establishing building codes, which is typically done on a State, County and/or Municipal level. Not only are there multiple potential model codes the related legislation may modify them and/or reference different versions. For example, Georgia and the county I live in currently use NEC 2011 with no amendments, however the building code for the largest city in the county references NEC 2008 with 2009 State amendments.

Another example is that Georgia law, which the County then references, references the 2006 International Fire Code (IFC), which is apparently a merger of what three formerly competing model codes; the National Fire Prevention Code, the Standard Fire Prevention Code and the Uniform Fire Code, rather than NFPA. Making it even more confusing, the International Building Code (IBC) and the IFC both reference NFPA sections, so NFPA is relevant but not directly and only as referenced by the IBC and IFC that are defined by the local building code. Confused enough?

Somewhat similarly, a Standard, such as an ANSI Standard, is simply an established reference usually developed by a recognized group or organization following a defined process. A Standard is not a legal requirement or code or anything binding except as introduced by reference as part of relevant legislation or legal agreement such as a contract. The one possible exception that I am aware of is that accepted Standards may be seen as establishing "industry standard practice", but the reality is that although the Standards organization would most likely try to prevent it from happening, you could conceivably have directly competing and conflicting Standards just as you have had competing model codes.

What is important to understand about this is that model codes and Standards are only relevant if they are part of the applicable building code legislation (and the interpretation of that by the local AHJ) or referenced in a binding agreement and even then they may be amended or modified. My understanding is to not assume any model code or Standards to be directly applicable or not until you have verified if and to what degree that is true.
 
I agree with Brad. We often talk about model codes as if they automatically became statuartory law, and that is not the case. After seeing two totally misleading published articles on codes and standards, I wrote one and I believe it will be in the winter issue of Protocol. (However off topic this is from the original question.)
 
... After seeing two totally misleading published articles on codes and standards, I wrote one and I believe it will be in the winter issue of Protocol. (However off topic this is from the original question.)
Look forward to reading it, Bill. I'll try to remember to post a link here when that issue is available online.

EDIT: Article http://www.lightingandsoundamerica.com/mailing/PLASAProtocol/PWinter13_CodesAndStandards.pdf . Complete magazine available at http://na.plasa.org/publications/protocol.html .

Further off topic:
Welcome to Control Booth. It's semi-customary for new members to start their own thread in the New Members forum.
P.S.--I've already added you to the ETCP wiki article.
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I think the threads have danced all around the original question and touched on many aspects of "the code" But to reply to the original question "Is there any existing fire code in circulation that states fire curtains should be closed each night a theatre is dark?"

Yes there is. The NFPA Building Code - NFPA -5000 -2003 edition (when adopted) requires the closing in accordance with section 16.4.5.6.4 "The curtain shall be kept in the normally closed position when each day's performances are completed."

I hope this finally answered the question.
 
The NFPA 5000 The Building Code was issued first in 2003 and largely translated the NFPA 101 Life Safety Code requirements into building code, including this one. I assure you this requirement first appeared in the 1988 Life Safety Code, which is widley used. I know of practically no jurisdiction - other then the Bureaus of Indian Affairs - that uses 5000.

From 1988 to 2006 editions of the Life Safety Code, it included (from 2006 edition):
12.4.5.7.2.7 Curtain Position. All proscenium curtains shall be in the closed position, except during performances, rehearsals, or similar activities.

When NFPA 80 added Fire Curtains, it included this requirement, so when it was referenced by the Life Safety Code (as it was in 2009) and the NFPA Building Code, the requirement - along with all requirements for fire safety curtains - were deleted - since they are in the referenced NFPA 80. The 2009 edition of the International Building Code - the most widley used model building code in this country - adopted the reference to NFPA 80.

And which jurisdictions adopt which model codes with what amendments is always relevant.
 
The 2003 version of the NFPA 5000 had the explicit language quoted by dbaird34, subsequent editions reference the NFPA 80.

With regard to the Life Safety Code 101:
  • Chapter 12 (New Assembly Occupancies) is the part of the code used for planning and building new construction.
  • Chapter 13 (Existing Assembly Occupancies) is what becomes effective after the building is turned-over to the owner. Chapter 13 - Paragraph 13.4.5.7.1 (1) refers the reader to Chapter 12 - Paragraph 12.4.5.7, which in-turn references NFPA 80 Standard for Fire Doors and Other Opening Protectives.

So, by way of tri-level reference, the requirement to close the fire curtain in a working theatre is inherent in jurisdictions that have adopted NFPA 101, which is a significant portion of the US.

Beyond that, it's a good idea to implement any pre-emptive strike with regard to fire safety, so 'Just Do It'. Codes are only the minimum required level of safety, YOU CAN DO MORE.
 

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