Presidential Decree 151/2011 in residential condominiums

The new Presidential Decree 151/2011, which regulates new procedures for fire prevention, introduces important changes that also affect residential condominiums, including their associated garages and heating systems. These changes affect both the classification criteria for these buildings and the procedures required for submitting the Certified Notification of Commencement of Fire Prevention Activities (SCIA antincendio).

With the entry into force of the new Presidential Decree 151/2011 on October 7, important changes to fire prevention procedures have also been introduced for residential buildings.

As previously mentioned, the changes introduced do not alter the technical regulations to which buildings must adhere, nor, consequently, the necessary retrofitting work. Rather, they introduce new procedural criteria for submitting the Certified Notification of Commencement of Fire Prevention Activities (SCIA antincendio), which replaces the now obsolete Fire Prevention Certificate (CPI).

Furthermore, Presidential Decree 151/2011 sets a deadline of one year from its entry into force for the regularization of existing buildings that do not yet have a Fire Prevention Certificate.

Activities subject to inspection by the Fire Brigade within condominiums are classified into three categories based on their risk level; each category has a different procedural process.

Fire Prevention Certificate and Certified Notification of Commencement of Activity

The activities indicated in Presidential Decree no. 151 of August 1, 2011, are subject to the obligation to obtain a Fire Prevention Certificate. For the purposes of obtaining the CPI or preparing the SCIA, the Fire Prevention SME always proposes solutions compliant with current regulations, good practice, and interests. The new Decree has defined 3 categories:

All condominiums already in possession of a Fire Safety Compliance Opinion but who, as of the date of entry into force of Presidential Decree 151/2011, do not yet have a Fire Prevention Certificate are required to complete the process by implementing the previously approved projects and submitting, in replacement of the now outdated request for the Fire Prevention Certificate, a Fire Safety SCIA pursuant to art. 4 of Presidential Decree 151/2011.

All condominiums already in possession of a valid Fire Prevention Certificate at the expiration of the certificate's validity period must submit a "request for renewal of fire safety compliance" (pursuant to art. 5 of Presidential Decree 151/2011) by submitting a Certified Notification of Commencement of Fire Safety Activities (SCIA antincendio).

D.P.R. 151/2011

Among the list of activities included in the Presidential Decree 151/2011, the following are highlighted:

Activity No. 73: "Buildings and/or building complexes for tertiary and/or industrial use characterized by structural promiscuity and/or promiscuity of escape route systems and/or systems with a presence of more than 300 people, or with a total surface area greater than 5,000 m2, regardless of the number of constituent activities and their different ownership." The activity is equated to that of No. 89 of Ministerial Decree 16/02/82: "Companies and offices in which more than 500 workers are employed."

Activity No. 74: "Heat generation systems powered by solid, liquid, or gaseous fuels with a capacity exceeding 116 kW." This activity falls into Category A for systems with a capacity up to 350 kW, Category B for systems between 350 kW and up to 700 kW, and Category C for systems with a capacity exceeding 700 kW. The principle of proportionality based on risk is emphasized; the greater the system's capacity, the higher the category it falls into and, consequently, the greater the Fire Brigade's inspections. It should be noted that for buildings with two or more heating systems in the same room, the capacities must be added together for fire prevention purposes.

Activity No. 75: “Public and private garages, multi-storey and mechanized car parks with a total covered area exceeding 300 m2; premises used for the storage of boats and aircraft with a surface area exceeding 500 m2; storage of rolling stock (trains, trams, etc.) with a covered area exceeding 1,000 m2.” The activity will fall into Category A for garages up to 1,000 m2, Category B for garages over 1,000 m2 and up to 3,000 m2 and storage of boats and aircraft over 500 m2 and up to 1,000 m2, and Category C for garages over 3,000 m2, storage of boats and surface aircraft over 1,000 m2, and storage of rolling stock (fig. 1). With the new decree, the number of cars no longer takes into account, but rather the surface area of the garage to determine whether or not it is subject to the regulations. For existing garages, there are two possible situations: - garages with a surface area of less than 300 m2 and with more than 9 vehicles: not subject. - garages with a surface area greater than 300 m2 and with fewer than 9 vehicles: subject and falling into Category A.

A further activity is no. 77: “Buildings intended for civil use with a fire safety height greater than 24 m.” The old regulation, identified in no. 94 of Ministerial Decree 16/02/82, subjected buildings intended for civil use with an eaves height greater than 24 meters to the CPI. Fire safety height is defined by Ministerial Decree Int. 30/11/1983 no. 339: “maximum height measured from the lower level of the highest opening of the last habitable and/or usable floor, excluding those of technical rooms, to the level of the lowest external floor.” While the eaves height is defined by the penultimate paragraph of circular no. 25 of 2 June 1982, as: “the maximum height measured from the external floor accessible to fire brigade emergency vehicles to the intrados of the ceiling of the highest habitable room”. The presence, for example, of a habitable attic will defer the obligation of activities subject, or not, to the control of the Fire Brigade