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TABLE OF CONTENTS

CHAPTER 9

FIRE PREVENTION AND PROTECTION

Articles:

I. Generally

Sec. 9-1 Adoption of the International Fire Code, 2006 Edition

Sec. 9-2 Amendments, additions and deletions

Sec. 9-3 Appeals

Sec. 9-4 Violations and penalties

II. Open Fire and Burning Restrictions

Sec. 9-21 Application

Sec. 9-22 Definitions

Sec. 9-23 Declaration of Stage 1 fire restrictions

Sec. 9-24 Stage 1 fire restrictions/prohibited and permitted acts

Sec. 9-25 Declaration of Stage 2 fire restrictions

Sec. 9-26 Stage 2 fire restrictions/prohibited and permitted acts

Sec. 9-27 Enforcement

Sec. 9-28 Violations; penalties


ARTICLE I.Go to the top
GENERALLY

Sec. 9-1. Adoption of the International Fire Code, 2006 Edition.Go to the top

Pursuant to the authority conferred by Article II, Section 7 of the Charter and by Section 31-16-201, et seq., C.R.S., there is hereby adopted by reference as the fire code of the City, for the purposes of safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises, the International Fire Code, 2006 Edition, as promulgated by the International Code Council. Except as any portion of this fire code is hereinafter added to, deleted, modified or amended in this Chapter, this fire code shall include all articles and appendices in the International Fire Code, 2006 Edition. Not less than three (3) copies of this fire code shall be on file in the office of the Fire Marshal and may be inspected at regular business hours and purchased from the Fire Prevention Bureau at a price not to exceed eighty-seven dollars ($87.) per copy. The provisions of this fire code shall be controlling within the limits of the City of Fort Collins.

(Code 1972, § 50-1; Ord. No. 192, 1986, § 1, 12-4-86; Ord. No. 15, 1990, § 1, 2-20-90; Ord. No. 97, 1991, § 1, 8-20-91; Ord. No. 130, 1992, § 1, 1-5-93; Ord. No. 9, 1999, § 1, 1-19-99; Ord. No. 160, 2008, § 1, 1-6-09)

Cross-references—One copy of codes adopted by reference must be kept in the City Clerk's office, § 1-14; smoking in public areas, § 12-56 et seq.

Sec. 9-2. Amendments, additions and deletions.Go to the top

The following articles, sections, divisions, subsections and appendices of the International Fire Code, 2006 Edition, are hereby added, amended, deleted and renumbered, except as noted, to read as follows:

(1) Section 101.1 is hereby amended to read as follows:

"101.1 Title. These regulations shall be known as the Fire Code of the City of Fort Collins, hereinafter referred to as 'this code.' "

(2) Section 101.2 is hereby amended to read as follows:

"101.2 Scope. This code establishes regulations affecting or relating to structures, processes, premises and safeguards regarding:

"1. The hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices;

"2. Conditions hazardous to life, property or public welfare in the occupancy of structures or premises;

"3. Fire hazards in the structure or on the premises from occupancy or operation;

"4. Matters related to the construction, extension, repair, alteration or removal of fire suppression or alarm systems.

"5. Conditions affecting the safety of firefighters and emergency responders during emergency operations."

(3) Section 103.4 is hereby amended to read as follows:

"103.4 Liability. The fire code official, officer or employee charged with the enforcement of this code shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or omission occurring during the performance of his or her duties and within the scope of his or her employment, unless such act or omission is willful and wanton, as provided in the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S.

"103.4.1 Legal defense. Any suit instituted against any officer or employee because of an act or omission performed by that officer or employee during the performance of his or her duties and within the scope of his or her employment, unless such act or omission is willful and wanton and under the provisions of this code shall be defended, consistent with the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S., by the legal representative of the jurisdiction until the final termination of the proceedings. The fire code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the department of fire prevention, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith."

(4) Section 105.6 is deleted in its entirety and reenacted to read as follows:

"105.6 Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in sections 105.6.1 through 105.6.46.

"105.6.1 Aerosol products. An operational permit is required to manufacture, store or handle an aggregate quantity of Level 2 or Level 3 aerosol products in excess of 500 pounds (227 kg) net weight.

"105.6.2 Amusement buildings. An operational permit is required to operate a special amusement building.

"105.6.4 Carnivals and fairs. An operational permit is required to conduct a carnival or fair.

"105.6.5 Cellulose nitrate film. An operational permit is required to store, handle or use cellulose nitrate film in a Group A occupancy.

"105.6.6 Combustible dust-producing operations. An operational permit is required to operate a grain elevator, flour starch mill, feed mill or a plant pulverizing aluminum, coal, cocoa, magnesium, spices or sugar or other operations producing combustible dusts as defined in Chapter 2.

"105.6.7 Combustible fibers. An operational permit is required for the storage and handling of combustible fibers in quantities greater than 100 cubic feet (2.8m3).

"Exception:

"A permit is not required for agricultural storage.

"105.6.8 Compressed gases. An operational permit is required for the storage, use or handling at normal temperature and pressure (NTP) of compressed gases in excess of the amounts listed in Table 105.6.20.

"Exception:

"Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle.

"105.6.9 Covered mall buildings. An operational permit is required for:

"1. The placement of retail fixtures and displays, concession equipment, displays of highly combustible goods and similar items in the mall.

"2. The display of liquid- or gas-fired equipment in the mall.

"3. The use of open-flame or flame-producing equipment in the mall.

"105.6.10 Cryogenic fluids. An operational permit is required to produce, store, transport on site, use, handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.6.20.

"Exception:

"Permits are not required for vehicles equipped for and using cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading.

"105.6.14 Explosives. An operational permit is required for the manufacture, storage, handling, sale or use of any quantity of explosives, explosive materials, fireworks or pyrotechnic special effects within the scope of Chapter 33.

"Exception:

"Storage in Group R-3 occupancies of smokeless propellant, black powder and small arms primers for personal use, not for resale and in accordance with Section 3306.

"105.6.16 Flammable and combustible liquids. An operational permit is required:

"1. To use or operate a pipeline for the transportation within facilities of flammable or combustible liquids. This requirement shall not apply to the off-site transportation in pipelines regulated by the Department of Transportation (DOT), nor does it apply to piping systems.

"2. To store, handle or use Class I liquids in excess of 5 gallons (19 l) in a building or in excess of 10 gallons (37.9 l) outside of a building, except that a permit is not required for the following:

"2.1. The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant, unless such storage, in the opinion of the code official, would cause an unsafe condition.

"2.2. The storage or use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes for a period of not more than 30 days.

"3. To store, handle or use Class II or Class IIIA liquids in excess of 25 gallons (95 l) in a building or in excess of 60 gallons (227 l) outside a building, except for fuel oil used in connection with oil-burning equipment.

"4. To remove Class I or Class II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps normally used for dispensing purposes.

"5. To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used.

"6. To place temporarily out of service (for more than 90 days) an underground, protected above-ground or above-ground flammable or combustible liquid tank.

"7. To change the type of contents stored in a flammable or combustible liquid tank to a material which poses a greater hazard than that for which the tank was designed and constructed.

"8. To manufacture, process, blend or refine flammable or combustible liquids.

"9. To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial, industrial, governmental or manufacturing establishments.

"10. To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel tanks of motor vehicles at commercial, industrial, governmental or manufacturing establishments.

"105.6.19 Fumigation and thermal insecticidal fogging. An operational permit is required to operate a business of fumigation or thermal insecticidal fogging and to maintain a room, vault or chamber in which a toxic or flammable fumigant is used.

"105.6.20 Hazardous materials. An operational permit is required to store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed in Table 105.6.20, unless directed to acquire an operational permit for combustible liquids, explosives or LPG.

"2006 International Fire Code
TABLE 105.6.20
Permit Amounts Required for
Hazardous Materials Management Plans

"Type of Material

Quantities

Combustible Liquids

See Section 105.6.16 for Operational Permit Requirements

Corrosive Materials

   Gases

   Liquids

   Solids

 

200 cubic feet

55 gallons

1,000 pounds

Cryogenic Fluids

   Flammable

   Oxidizer (including O2, LOX)

   Corrosive

   Highly Toxic

   Nonflammable/Inert

 

More than 1 gallon inside
60 gallons outside
10 gallons inside
50 gallons outside
Any Amount

Any Amount

60 gallons inside
500 gallons outside

Explosive Materials

See Section 105.6.14 for Operational Permit Requirements

Flammable Materials

   Gases

   Liquids

   Solids

 

200 cubic feet

5 gallons inside 10 gallons outside*

100 pounds

Inert Gases

6,000 cubic feet

Liquid Petroleum Gases (LPG)

   LPG Bottle Exchange Program

   Other LPG Use

2,000 gallons single 4,000 gallons aggregate

150 gallons per cage

See Section 105.6.27 for Operational Permit Requirements

Organic Peroxides

   Liquids

      Class I

      Class II

      Class III

      Class IV

      Class V

   Solids

      Class I

      Class II

      Class III

      Class IV

      Class V

 

 

Any

Any

1 gallon

2 gallons

No Permit Required

 

Any

Any

10 pounds

20 pounds

No Permit Required

Oxidizing Materials

   Gases

   Liquids

      Class 4

      Class 3

      Class 2

      Class 1

   Solids

      Class 4

      Class 3

      Class 2

      Class 1

 

504 cubic feet

 

Any Amount

1 gallon**

No Permit Required

No Permit Required

 

Any Amount

10 pounds***

No Permit Required

No Permit Required

Oxidizing Materials

   Gases

   Liquids

      Class 4

      Class 3

      Class 2

      Class 1

   Solids

      Class 4

      Class 3

      Class 2

      Class 1

 

504 cubic feet

 

Any Amount

1 gallon**

No Permit Required

No Permit Required

 

Any Amount

10 pounds***

No Permit Required

No Permit Required

Pyrophoric Materials

   Gases

   Liquids

   Solids

 

Any Amount

Any Amount

Any Amount

Toxic Materials

   Gases

   Liquids

   Solids

Highly Toxic Materials

   Gases

   Liquids

   Solids

 

Any Amount

10 gallons

100 pounds

 

Any Amount

Any Amount

Any Amount

Unstable (Reactive) Materials

   Gases

   Liquids

      Class 4

      Class 3

      Class 2

      Class 1

   Solids

      Class 4

      Class 3

      Class 2

      Class 1

 

Any Amount

 

Any Amount

Any Amount

5 gallons

No Permit Required

 

Any Amount

Any Amount

50 pounds

No Permit Required

Water-reactive Materials

   Liquids

      Class 3

      Class 2

      Class 1

   Solids

      Class 3

      Class 2

      Class 1

 

 

Any Amount

5 gallons

55 gallons

 

Any Amount

50 pounds

500 pounds

 

* Requires a 704M placard but no HMMP.
** 20 gallons when table 2703.1(1) Note k applies and hazard identification signs in accordance with Section 2703.5 are provided for quantities of 20 gallons or less.
*** 200 pounds when Table 2703.1(1) Note k applies and hazard identification signs in accordance with Section 2703.5 are provided for quantities of 200 pounds or less.
Note: Converting pounds to cubic feet:
Volume of Gas (ft.3) = Volume in cylinder (lbs) X Specific Volume of Gas (cu. ft.).
Butane = 36.05 pounds per cubic foot or 6.45 cubic feet per pound.
Propane = 31.12 pounds per cubic foot or 8.62 cubic feet per pound.
Chlorine (Cl2) = 150lbs X 5.4 ft.3/lb = 810 ft.3.
Note: Hazardous Materials are defined as one of the following items:
Explosives, compressed gas, flammable and combustible liquids, flammable solids, organic peroxides, oxidizers, pyrophoric, unstable-reactive, water-reactive, cryogens, corrosive, and radioactive.
Note: Hazardous Materials will have one (1) or more of the following characteristics:
1) Corrosive.
2) Reactive (air-reactive, water-reactive, unstable-reactive).
3) Toxic (by definition).
4) Flammable (solids, liquids, gases).

"105.6.21 HPM facilities. An operational permit is required to store, handle or use hazardous production materials.

"105.6.22 High-piled storage. An operational permit is required to use a building or portion thereof as a high-piled storage area exceeding 500 square feet (46 m2).

"105.6.24 Industrial ovens. An operational permit is required for operation of industrial ovens regulated by Chapter 21.

"105.6.26 Liquid- or gas-fueled vehicles or equipment in assembly buildings. An operational permit is required to display, operate or demonstrate liquid- or gas-fueled vehicles or equipment in assembly buildings.

"105.6.27 LP-gas. An operational permit is required for:

"1) Storage and use of LP-gas.

"Exception:

"A permit is not required for individual containers with a 500-gallon (1,893 l) water capacity or less serving occupancies in Group R-3.

"2) Operation of cargo tankers that transport LP-gas.

"105.6.28 Magnesium. An operational permit is required to melt, cast, heat-treat or grind more than 10 pounds (4.54 kg) of magnesium.

"105.6.29 Miscellaneous combustible storage. An operational permit is required to store in any building or upon any premises in excess of 2,500 cubic feet (71 m3) gross volume of combustible empty packing cases, boxes, barrels or similar containers, rubber tires, rubber, cork or similar combustible material.

"105.6.30 Open burning. An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road or other public or private ground. Instructions and stipulations of the permit shall be adhered to.

"Exception:

"Recreational fires contained in an approved portable outdoor fire appliance.

"105.6.33 Organic coatings. An operational permit is required for any organic-coating manufacturing operation producing more than 1 gallon (4 L) of an organic coating in one day.

"105.6.35 Private fire hydrants. An operational permit is required for the removal from service, use or operation of private fire hydrants.

"Exception:

"A permit is not required for private industry with trained maintenance personnel, private fire brigade or fire departments to maintain, test and use private hydrants.

"105.6.36 Pyrotechnic special effects material. An operational permit is required for use and handling of pyrotechnic special effects material.

"105.6.37 Pyroxylin plastics. An operational permit is required for storage or handling of more than 25 pounds (11 kg) of cellulose nitrate (pyroxylin) plastics and for the assembly or manufacture of articles involving pyroxylin plastics.

"105.6.41 Spraying or dipping. An operational permit is required to conduct a spraying or dipping operation utilizing flammable or combustible liquids or the application of combustible powders regulated by Chapter 15.

"105.6.43 Temporary membrane structures, tents and canopies. An operational permit is required to operate an air-supported temporary membrane structure or a tent having an area in excess of 400 square feet (37 m2), or a canopy in excess of 800 square feet (74 m2).

"Exceptions:

"1. Tents used exclusively for recreational camping purposes.

"2. Fabric canopies open on all sides which comply with all of the following:

"2.1. Individual canopies having a maximum size of 700 square feet (65 m2).

"2.2. The aggregate area of multiple canopies placed side by side without a fire break clearance of not less than 12 feet (3,658 mm) shall not exceed 700 square feet (65 m2) total.

"2.3. A minimum clearance of 12 feet (3,658 mm) to structures and other tents shall be provided."

(5) Section 105.7.10 is deleted in its entirety.

(6) Section 105.7.13 is amended to read as follows:

"105.7.13 Temporary membrane structures, tents and canopies. A construction permit is required to erect an air-supported temporary membrane structure or a tent having an area in excess of 400 square feet, or a canopy in excess of 800 square feet.

"Exceptions:

"1. Tents used exclusively for recreational camping purposes.

"2. Funeral tents and curtains or extensions attached thereto, when used for funeral services.

"3. Fabric canopies and awnings open on all sides which comply with all of the following:

"3.1. Individual canopies shall have a maximum size of 700 square feet (65 m2).

"3.2. The aggregate area of multiple canopies placed side by side without a fire break clearance of not less than 12 feet (3,658 mm) shall not exceed 700 square feet (65 m2) total.

"3.3. A minimum clearance of 12 feet (3,658 mm) to structures and other tents shall be maintained."

(7) Section 107.2 is hereby amended to read as follows:

"107.2 Inspection, testing and operation. Passive fire systems and equipment requiring periodic testing or operation to ensure maintenance shall be inspected, tested or operated as specified in this code."

(8) Section 108.1 is deleted in its entirety and re-enacted to read as follows:

"108.1 Board of appeals established. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals to be known as the Fire Board of Appeals. The members of the City of Fort Collins Building Review Board, as appointed from time to time, shall constitute the Fire Board of Appeals. The fire code official shall be an ex officio member of said board but shall have no vote on any matter before the board. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official."

(9) Section 108.3 is hereby deleted in its entirety.

(10) Section 109.3 is hereby amended to read as follows:

"109.3 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, and upon conviction shall be subject to the penalties, costs and orders as provided by § 1-15 of the City Code. Each day that a violation continues is deemed a separate offense."

(11) Section 202, Definitions, is hereby amended in the following respects: "A definition of 'ALCOHOL BLENDED FUELS' is hereby added, to read in its entirety as follows:

"ALCOHOL BLENDED FUELS. Flammable liquids consisting of ethanol or other alcohols blended greater than 15% by volume. Alcohols are polar compounds that exhibit increased moisture absorption, water solubility, polar solvency and solution conductivity relative to gasoline. Alcohol-gasoline blended fuels have unique properties that may affect material compatibility and fire response.

"A definition of '[B] AREA, BUILDING' is hereby added, to read in its entirety as follows:

"[B] AREA, BUILDING. The area within surrounding exterior walls (or exterior walls and fire walls) exclusive of vent shafts and courts. Areas of the building not provided with surrounding walls shall be included in the building areas if such areas are included within the horizontal projection of the roof or floor above.

"A definition of 'FIRE-CONTAINMENT AREA' is hereby added, to read in its entirety as follows:

"FIRE-CONTAINMENT AREA. A portion of a story or basement which is totally enclosed by a smoke and draft barrier of not less than 1-hour, fire-resistive construction. All door openings penetrating such fire-containment areas shall be protected by a tight-fitting, smoke and draft control assembly as specified in International Building Code Sections 715.4.3, 715.4.5 and 715.4.7. Openings other than doors and ducts shall be protected as specified in International Building Code Sections 715.5 and 715.4.3 and shall be limited to a maximum of 25 percent of any one wall, in compliance with International Building Code Section 715.5.7.2. All duct penetrations shall be protected by dampers as specified in International Building Code Section 716, Table 716.3.1 (Section 716.3.2, smoke dampers), except that such dampers shall be those that are automatic closing by actuation of a smoke detector. Self-closing devices may be used in lieu of automatic closing devices on doors unlikely to be fixed open during normal conditions. Examples are: doors at toilet rooms, stairways, closets and small storage rooms and similar areas."

(12) Section 301.1 is hereby amended to read as follows:

"301.1 Scope. The provisions of this chapter shall govern the occupancy and maintenance of all structures and premises for precautions against fire and the spread of fire and general requirements of fire safety."

(13) Section 301.2 is hereby amended to read as follows:

"301.2 Permits. Permits shall be required as set forth in Section 105.6 for the activities or uses regulated by Sections 307, 308.3, 308.4, 308.5 and 315."

(14) The definition of "OPEN BURNING" contained in Section 302, Definitions, is amended in the following respects:

"OPEN BURNING. The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include road flares, smudgepots and similar devices associated with safety or occupational uses typically considered open flames or recreational fires contained in approved portable outdoor fire appliances. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open."

(15) Section 307.2 is hereby amended to read as follows:

"307.2 Permit required. A permit shall be obtained from the fire code official in accordance with Section 105.6 prior to kindling a fire for recognized agricultural, silvicultural or range or wildlife management practices, prevention or control of disease or pests, non-contained recreational fires or a bonfire. Application for such approval shall only be presented by and permits issued to the owner or agent of the land upon which the fire is to be kindled."

(16) A new Subsection 307.2.2 is hereby added and reads in its entirety as follows:

"307.2.2 Time and atmospheric restrictions. Open burning shall only be performed when time and atmospheric conditions comply with the limits set forth in the Open Burning Permit."

(17) Section 308.3.1 is hereby amended to read as follows:

"308.3.1 Open-flame cooking devices. Charcoal burners and other open-flame cooking devices shall not be within 10 feet (3,048 mm) of combustible construction.

"Exceptions:

"1. One- and two-family dwellings.

"2. Where buildings, balconies and decks are protected by an automatic sprinkler system."

(18) Subsection 308.3.1.1 is hereby amended to read as follows:

"308.3.1.1 Liquefied-petroleum-gas-fueled cooking devices. LP-gas burners having an LP-gas container with a water capacity greater than 2.5 pounds [nominal 1 pound (0.454 kg) LP-gas capacity] shall not be located within 10 feet (3,048 mm) of combustible construction.

"Exception:

"1. One- and two-family dwellings.

"2. Where buildings, balconies and decks are protected by an automatic sprinkler system."

(19) Table 405.2 is deleted in its entirety and readopted to read as follows:

"TABLE 405.2
Fire and Evacuation Drill Frequency and Participation

"Group or Occupancy

Frequency

Participation

Group A

Quarterly

Employees

Group Bc

Annually

Employees

Group E

Quarterlya

All occupants

Group I

Quarterly on each shift

Employeesb

Group R-1

Quarterly on each shift

Employees

Group R-2d

Four annually

All occupants

Group R-4

Quarterly on each shift

Employeesb

High-rise buildings

Annually

Employees

 

a The frequency shall be allowed to be modified in accordance with Section 408.3.2.
b Fire and evacuation drills in residential care assisted living facilities may include complete evacuation of the premises in accordance with Section 408.10.5. Where occupants receive habilitation or rehabilitation training, fire prevention and fire safety practices shall be included as part of the training program.
c Group B buildings having an occupant load of 500 or more persons or more than 100 persons above or below the lowest level of exit discharge.
d Applicable to Group R-2 college and university buildings in accordance with Section 408.3."

(20) Section 506.1 is hereby amended to read as follows:

"506.1 Where required. Key boxes are required on all fire sprinklered buildings or when access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving, fire-fighting or property-conservation purposes. The key box is to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access as required by the fire code official."

(21) Section 508.2 is hereby amended to read as follows:

"508.2 Type of water supply. A water supply shall consist of pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required sustainable fire flow."

(22) A new Section 607.4 is hereby added and reads in its entirety as follows:

"607.4 Fire service access elevator lobbies. Where fire service access elevators are required by Section 3007 of the International Building Code, fire service access elevator lobbies shall be maintained free of storage and furnishings."

(23) A new definition of "FIRE-CONTAINMENT AREA" is hereby added to Section 702, Definitions, to read in its entirety as follows:

"FIRE-CONTAINMENT AREA. A portion of a story or basement which is totally enclosed by a smoke and draft barrier of not less than one-hour, fire-resistive construction. All door openings penetrating such fire-containment areas shall be protected by a tight-fitting, smoke and draft control assembly as specified in International Building Code Sections 715.4.3, 715.4.5 and 715.4.7. Openings other than doors and ducts shall be protected as specified in International Building Code Sections 715.5 and 715.4.3 and shall be limited to a maximum of 25 percent of any one wall, in compliance with International Building Code Section 715.5.7.2. All duct penetrations shall be protected by dampers as specified in International Building Code Section 716, Table 716.3.1 (Section 716.3.2, smoke dampers), except that such dampers shall be those that are automatic closing by actuation of a smoke detector. Self-closing devices may be used in lieu of automatic-closing devices on doors unlikely to be fixed open during normal conditions. Examples are: doors at toilet rooms, stairways, closets and small storage rooms and similar areas."

(24) Section 703.1 is hereby amended to read as follows:

"703.1 Maintenance. The required fire-resistance rating of fire-resistance-rated construction (including walls, firestops, shaft enclosures, partitions, smoke barriers, floors, fire-resistive coatings and sprayed fire-resistant materials applied to structural members and fire-resistant joint systems) shall be maintained. Such elements shall be visually inspected annually, properly repaired, restored or replaced when damaged, altered, breached or penetrated. Openings made therein for the passage of pipes, electrical conduit, wires, ducts, air transfer openings and holes made for any reason shall be protected with approved methods capable of resisting the passage of smoke and fire. Openings through fire-resistance-rated assemblies shall be protected by self- or automatic-closing doors of approved construction meeting the fire protection requirements for the assembly."

(25) Section 703.1.2 is hereby amended to read as follows:

"703.1.2 Smoke barriers and smoke partitions. Required smoke barriers and smoke partitions shall be maintained to prevent the passage of smoke. All openings protected with approved smoke barrier doors or smoke dampers shall be maintained in accordance with NFPA 105."

(26) A new Section 703.1.3 is hereby added, to read in its entirety as follows:

"703.1.3 Fire walls, fire barriers and fire partitions. Required fire walls, fire barriers and fire partitions shall be maintained to prevent the passage of fire. All openings protected with approved doors or fire dampers shall be maintained in accordance with NFPA 80."

(27) Section 807.1.2 is hereby amended to read as follows:

"807.1.2 Combustible decorative materials. The permissible amount of decorative materials meeting the flame propagation performance criteria of NFPA 701 shall not exceed 10 percent of the aggregate area of specific walls and ceilings wall or ceiling area to which it is attached.

"Exceptions:

"1. In auditoriums in Group A, the permissible amount of decorative material meeting the flame propagation performance criteria of NFPA 701 shall not exceed 75 percent of the aggregate wall area of walls and ceiling where the building is equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, and where the material is installed in accordance with Section 803.4 of the International Building Code.

"2. The amount of fabric partitions suspended from the ceiling and not supported by the floor in Group B and M occupancies shall not be limited."

(28) Section 901.6 is hereby amended to read as follows:

"901.6 Inspection, testing and maintenance. Fire detection, alarm and extinguishing systems shall be maintained in an operative condition at all times, and shall be replaced or repaired where defective. Unless otherwise required by the fire code official, semi-annual inspections and testing of such systems shall be conducted by qualified persons approved by the fire code official. Non-required fire protection systems and equipment shall be inspected, tested and maintained or removed."

(29) Section 903.2 is hereby amended to read as follows:

"903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section.

"Exceptions:

"1. Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries and standby engines, provided that those spaces or areas are equipped throughout with an automatic fire alarm system and are separated from the remainder of the building by fire barriers consisting of not less than 1-hour fire-resistance-rated walls and 2-hour fire-resistance-rated floor/ceiling assemblies.

"2. Maximum Allowable Fire-Contained Areas, as identified in amendment Table 903.1 are required when an approved automatic sprinkler system is not provided."

(30) A new Table 903.1 is hereby added and reads in its entirety as follows:

__________________________________________________

"TABLE 903.1
Maximum Allowable Fire-Containment Area (in square feet)
Types of Construction

"Occupancy

I A

I B

II A

II B

III A

III B

IV-HT

VA

VB

A1

10,000

10,000

NP

NP

NP

NP

NP

NP

NP

A2

10,000

10,000

5,000

5,000

5,000

5,000

5,000

5,000

5,000

A3, 4

10,000

10,000

5,000

5,000

5,000

5,000

5,000

5,000

5,000

B, F1, M, S1, U

10,000

10,000

7,000

5,000

7,000

5,000

7,000

7,000

5,000

F2, S2

20,000

20,000

10,000

7,000

10,000

7,000

10,000

10,000

5,000

E

10,000

10,000

7,000

5,000

7,000

5,000

7,000

7,000

5,000

 

"NP = Not Permitted"

(31) A new Subsection 903.6.2 is hereby added to read as follows:

"903.6.2 Group I-2. An automatic sprinkler system shall be provided throughout Group I-2 fire areas. The sprinkler system shall be provided throughout the floor where the Group I-2 occupancy is located and in all floors between the Group I-2 occupancy and the level of exit discharge."

(32) A new Subsection 904.11.6.6 is hereby added to read in its entirety as follows:

"904.11.6.6 Existing automatic fire extinguishing systems. Where changes in the cooking media, positioning of cooking equipment or replacement of cooking equipment occur in existing commercial cooking systems, the automatic fire extinguishing system shall be required to comply with the applicable provisions of Sections 904.11 through 904.11.4."

(33) A new Section 907.20.6 is hereby added to read in its entirety as follows:

"907.20.6 Excessive false alarms. An excessive number of false alarms shall be defined as two (2) alarm activations for a fire alarm system within a sixty-day period, provided that any such activations are not the result of a cause reasonably beyond the control of the owner, tenant or operator of the building. In the event of an excessive number of false alarms, the fire code official may order the building owner, tenant or operator of the building or party responsible for the building to take reasonable actions necessary to prevent false alarms. These actions may include: repair or replacement of the faulty alarm components, addition of tamper-proof devices, modification of system design and repair of other building components which affect alarm system performance. The fire code official may also require the building owner, tenant or operator or party responsible for the building to obtain an approved maintenance contract with a qualified fire alarm maintenance technician as required by NFPA 72 to provide continuous maintenance service of the system."

(34) Section 2202.1, Definitions, is amended by the addition of a new definition "ALCOHOL BLENDED FUELS" which reads in its entirety as follows:

"ALCOHOL BLENDED FUELS. Flammable liquids consisting of ethanol or other alcohols blended greater than 15% by volume. Alcohols are polar compounds that exhibit increased moisture absorption, water solubility, polar solvency and solution conductivity relative to gasoline. Alcohol-gasoline blended fuels have unique properties that may affect material compatibility and fire response."

(35) A new Subsection 2205.2.4 is hereby added and reads in its entirety as follows:

"2205.2.4 Inspections. Flammable and combustible liquid fuel-dispensing and containment equipment shall be periodically inspected where required by the fire code official to verify that it is in proper working order and not subject to leakage."

(36) A new Subsection 2205.2.5 is hereby added and reads in its entirety as follows:

"2205.2.5 Repairs and service. The fire code official is authorized to require damaged or unsafe containment and dispensing equipment to be repaired or serviced in an approved manner, including but not limited to equipment that shows signs of physical damage, internal and external corrosion, leakage, brittleness, aging or undue wear and tear."

(37) A new Section 2206.7 is amended to read as follows:

"2206.7 Fuel-dispensing systems for flammable or combustible liquids. The design, fabrication and installation of fuel-dispensing systems for flammable or combustible liquid fuels shall be in accordance with Sections 2206.7.1 through 2206.7.9.2.4. Alcohol blended fuel-dispensing systems shall also comply with Section 2206.8."

(38) A new Section 2206.8 is hereby added and reads in its entirety as follows:

"2206.8 Alcohol blended fuel-dispensing operations. The design, fabrication and installation of alcohol blended fuel-dispensing systems shall also be in accordance with Sections 2206.7 and Sections 2206.8.1 through 2206.8.5.

"2206.8.1 Approval of equipment. Dispensers, hoses, nozzles, breakaway fittings, swivels, flexible connectors or dispenser emergency shutoff valves, vapor recovery systems and pumps used in alcohol blended fuel-dispensing systems shall be listed or approved for the specific purpose for which it is being used.

"2206.8.2 Change of system contents. Fuel-dispensing systems subject to change in contents from gasoline to alcohol blended fuels shall be subject to fire code official review and approval prior to commencing dispensing operations.

"2206.8.3 Facility identification. Facilities dispensing alcohol blended fuels shall be identified by any means approved by the fire official.

"2206.8.4 Marking. Dispensers shall be marked in an approved manner to identify the types of alcohol blended fuels to be dispensed.

"2206.8.5 Maintenance and inspection. Equipment shall be maintained and inspected in accordance with Section 2205.2."

(39) A new Section 2305.8 is hereby added and reads in its entirety as follows:

"2305.8 Designation of storage heights. Where required by the fire code official, a visual method of indicating the maximum allowable storage height shall be provided."

(40) Section 3301.1.3 is hereby amended to read as follows:

"3301.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited.

"Exceptions:

"1. Storage and handling of fireworks as allowed in Section 3304.

"2. The use of fireworks for display as allowed in Section 3308."

(41) Section 3304.10.4 is hereby amended to read as follows:

"3304.10.4 Storage of misfires. Explosive materials and fireworks recovered from blasting or display misfires shall be placed in a magazine until an experienced person has determined the proper method for disposal. The magazine shall not be located within 100 feet of any place of habitation."

(42) Appendix A is deleted in its entirety.

(43) Appendix B is deleted in its entirety and readopted to read as follows:

"APPENDIX B

"FIRE-FLOW REQUIREMENTS FOR BUILDINGS

"SECTION B101 – GENERAL.

"B101.1 Scope. The procedure for determining fire-flow requirements for buildings or portions of buildings hereafter constructed shall be in accordance with this appendix. This appendix does not apply to structures other than buildings.

"SECTION B102 – DEFINITIONS.

"B102.1 Definitions. For the purpose of this appendix, certain terms are defined as follows:

"FIRE-FLOW. The flow rate of a water supply, measured at 20 pounds per square inch (psi) (138 kPa) residual pressure, that is available for fire fighting.

"FIRE-FLOW CALCULATION AREA. The floor area, in square feet (m2), used to determine the required fire flow.

"SECTION B103 – MODIFICATIONS.

"B103.1 Decreases. The fire chief is authorized to reduce the fire-flow requirements for isolated buildings or a group of buildings in rural areas or small communities where the development of full fire-flow requirements is impractical.

"B103.2 Increases. The fire chief is authorized to increase the fire-flow requirements where conditions indicate an unusual susceptibility to group fires or conflagrations. An increase shall not be more than twice that required for the building under consideration.

"B103.3 Areas without water supply systems. For information regarding water supplies for firefighting purposes in rural and suburban areas in which adequate and reliable water supply systems do not exist, the fire code official is authorized to utilize NFPA 1142 or the International Wildland-Urban Interface Code.

"SECTION B104 – FIRE-FLOW CALCULATION AREA.

"B104.1 General. The fire-flow calculation area shall be the total floor area of all floor levels within the exterior walls, and under the horizontal projections of the roof of a building, except as modified in Section B104.3.

"B104.2 Area separation. Portions of buildings which are separated by fire walls without openings, constructed in accordance with the International Building Code, are allowed to be considered as separate fire-flow calculation areas.

"B104.3 Type IA and Type IB construction. The fire-flow calculation area of buildings constructed of Type IA and Type IB construction shall be the area of the three largest successive floors.

"Exception:

Fire-flow calculation area for open parking garages shall be determined by the area of the largest floor.

"SECTION B105 – FIRE-FLOW REQUIREMENTS FOR BUILDINGS.

"B105.1 One- and two-family dwellings. The minimum fire-flow requirements for one- and two-family dwellings shall be 1,000 gallons per minute in urban areas and 500 gallons per minute in rural areas.

"Exception:

A reduction in required fire flow of 50 percent, as approved, is allowed when the building is provided with an approved automatic sprinkler system.

"B105.2 Buildings other than one- and two-family dwellings. The minimum fire-flow and flow duration for buildings other than one- and two-family dwellings shall be as specified in Table B105.

"Exception:

A reduction in required fire-flow of up to 75 percent, as approved, is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2. The resulting fire-flow shall not be less than 1,500 gallons per minute (5,678 l/min) for the prescribed duration as specified in Table B105.

________________________________________________

TABLE B105

Application

Fire-flow
requirements (gpm)

Spacing between
hydrants (feet)

Maximum distance from any point on a
street or road frontage to a hydrant (feet)

Commercial

1,500

600

300

Urban residential

1,000

800

400

Rural residential

500

800

400

 

"SECTION B106 – GENERAL.

"B106.1 Scope. Fire hydrants shall be provided in accordance with this appendix for the protection of buildings, or portions of buildings, hereafter constructed.

"SECTION B107 – LOCATION.

"B107.1 Fire hydrant locations. Fire hydrants shall be provided along required fire apparatus access roads and adjacent public streets.

"SECTION B108 – NUMBER OF FIRE HYDRANTS.

"B108.1 Fire hydrants available. The number of fire hydrants available to a complex or subdivision shall not be less than that determined by spacing requirements listed in Table B105 when applied to fire apparatus access roads and perimeter public streets from which fire operations could be conducted.

"SECTION B109 – CONSIDERATION OF EXISTING FIRE HYDRANTS.

"B109.1 Existing fire hydrants. Existing fire hydrants on public streets are allowed to be considered as available. Existing fire hydrants on adjacent properties shall not be considered available unless fire apparatus access roads extend between properties and easements are established to prevent obstruction of such roads.

"SECTION B110 – DISTRIBUTION OF FIRE HYDRANTS.

"B110.1 Hydrant spacing. The average spacing between fire hydrants shall not exceed that listed in Table B105.

"Exception:

The fire chief is authorized to accept a deficiency of up to 10 percent where existing fire hydrants provide all or a portion of the required fire hydrant service. "Regardless of the average spacing, fire hydrants shall be located such that all points on streets and access roads adjacent to a building are within the distances listed in Table B105."

(44) Appendix C is deleted in its entirety.

(45) A new Appendix D is hereby added to read as follows:

"APPENDIX D

"FIRE APPARATUS ACCESS ROADS

"SECTION D101 – GENERAL.

"D101.1 Scope. Fire apparatus access roads shall be in accordance with this appendix and all other applicable requirements of the International Fire Code.

"SECTION D102 – REQUIRED ACCESS.

"D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 80,000 pounds (34,050 kg).

"SECTION D103 – MINIMUM SPECIFICATIONS.

"D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet (7,925 mm). See Figure D103.1.

"D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade.

"Exception:

Grades steeper than 10 percent as approved by the fire code official.

"D103.3 Turning radius. The minimum turning radius shall be determined by the fire code official."

"Figure D103.1

Figure D103.1
Figure D103.1
Figure D103.1

________________________________________________

"D103.4 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45,720 mm) shall be provided with width and turnaround provisions in accordance with Table D103.4.

"TABLE D103.4
Requirements for Dead-End Fire Apparatus Access Roads

"Length (feet)

Width (feet)

Turnarounds Required

0—150

20

None required

151—660

20

100-foot hammerhead, 100-foot cul-de-sac
in accordance with Figure D103.1

Over 660

Special approval required with additional provisions

 

"D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria:

"1. The minimum gate width shall be 20 feet (6,096 mm).

"2. Gates shall be of the swinging or sliding type.

"3. Construction of gates shall be of materials that allow manual operation by one person.

"4. Gate components shall be maintained in an operative condition at all times and replaced or repaired when defective.

"5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official.

"6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box containing the key(s) to the lock is installed at the gate location.

"7. Gate design and locking device specifications shall be submitted for approval by the fire code official prior to installation.

"D103.6 Signs. Where required by the fire code official, fire apparatus access roads shall be marked with permanent NO PARKING – FIRE LANE signs complying with Figure D103.6. Signs shall have a minimum dimension of 12 inches (305 mm) wide by 18 inches (457 mm) high and have red letters on a white reflective background. Signs shall be posted on one or both sides of the fire apparatus road as required.

"Figure D103.6

Figure D103.6

"D103.6.1 Roads 20 to 26 feet in width. Fire apparatus access roads 20 to 26 feet wide (6,096 to 7,925 mm) shall be posted on both sides as a fire lane.

"D103.6.2 Roads more than 26 feet in width. Fire apparatus access roads more than 26 feet wide (7,925 mm) to 32 feet wide (9,754 mm) shall be posted on one side of the road as a fire lane.

"SECTION D104 – COMMERCIAL AND INDUSTRIAL DEVELOPMENTS.

"D104.1 Buildings exceeding three stories or 30 feet in height. Buildings or facilities exceeding 30 feet (9,144 mm) or three stories in height shall provide fire apparatus access for each structure at least 30 feet in width.

"D104.2 Buildings exceeding 62,000 square feet in area. Buildings or facilities having a gross building area of more than 62,000 square feet (5,760 m2) shall be provided with two separate and approved fire apparatus access roads.

"Exception:

Projects having a gross building area of up to 124,000 square feet (11,520 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems.

"D104.3 Remoteness. Where two access roads are required, they shall be placed a distance apart equal to not less than one-half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses.

"SECTION D105 – AERIAL FIRE APPARATUS ACCESS ROADS.

"D105.1 Where required. Buildings or portions of buildings or facilities exceeding 30 feet (9,144 mm) in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway.

"D105.2 Width. Fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7,925 mm) in the immediate vicinity of any building or portion of building more than 30 feet (9,144 mm) in height.

"D105.3 Proximity to building. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4,572 mm) and a maximum of 30 feet (9,144 mm) from the building, and shall be positioned parallel to one entire side of the building.

"SECTION D106 – MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENTS.

"D106.1 Projects having more than 100 dwelling units. Multiple-family residential projects having more than 100 dwelling units shall be equipped throughout with two separate and approved fire apparatus access roads.

"Exception:

Projects having up to 200 dwelling units may have a single approved fire apparatus access road when all buildings, including nonresidential occupancies, are equipped throughout with approved automatic sprinkler systems installed in accordance with Section 903.3.1.1 or 903.3.1.2.

"D106.2 Projects having more than 200 dwelling units. Multiple-family residential projects having more than 200 dwelling units shall be provided with two separate and approved fire apparatus access roads regardless of whether they are equipped with an approved automatic sprinkler system.

"SECTION D107 – ONE- OR TWO-FAMILY RESIDENTIAL DEVELOPMENTS.

"D107.1 One- or two-family dwelling residential developments. Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with separate and approved fire apparatus access roads and shall meet the requirements of Section D104.3.

"Exceptions:

"1. Where there are more than 30 dwelling units on a single public or private fire apparatus access road and all dwelling units are equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.3, access from two directions shall not be required.

"2. The number of dwelling units on a single fire apparatus access road shall not exceed 30 dwelling units unless fire apparatus access roads will connect with future development, as determined by the fire code official."

(46) Appendix E is deleted in its entirety.

(47) Appendix F is deleted in its entirety.

(48) Appendix G is deleted in its entirety.

(49) A new Appendix I is hereby added and reads in its entirety as follows:

"APPENDIX I

"FIRE PROTECTION SYSTEMS – UNSAFE CONDITIONS

"I101 – UNSAFE CONDITIONS.

"I101.1 General. This appendix is intended to identify conditions that can occur when fire protection systems are not properly maintained or components have been damaged. This appendix is not intended to provide comprehensive inspection, testing and maintenance requirements, which are found in NFPA 10, 25 and 72. Rather, its intent is to identify problems that are readily observable during fire inspections.

"I101.2 Unsafe conditions requiring component replacement. The following conditions shall be deemed unsafe and shall cause the related component(s) to be replaced to comply with the provisions of this code:

"1. Sprinkler heads having any of the following conditions:

"1.1. Signs of leakage;

"1.2. Paint or other ornamentation that is not factory-applied;

"1.3. Evidence of corrosion, including but not limited to discoloration or rust;

"1.4. Deformation or damage of any part;

"1.5. Improper orientation of sprinkler head;

"1.6. Empty glass bulb;

"1.7. Sprinkler heads manufactured prior to 1920;

"1.8. Replacement sprinkler heads that do not match existing sprinkler heads in orifice size, K-factor temperature rating, coating or deflector type; or

"1.9. Sprinkler heads for the protection of cooking equipment that have not been replaced within one year.

"2. Water pressure and air pressure gauges that have been installed for more than five years and have not been tested to within 3 percent accuracy.

"I101.3 Unsafe conditions requiring component repair or replacement. The following conditions shall be deemed unsafe and shall cause the related component(s) to be repaired or replaced to comply with the provisions of this code:

"1. Sprinkler and standpipe system piping and fittings having any of the following conditions:

"1.1. Signs of leakage;

"1.2. Evidence of corrosion;

"1.3. Misalignment; or

"1.4. Mechanical damage.

"2. Sprinkler piping support having any of the following conditions:

"2.1. Materials resting on or hung from sprinkler piping;

"2.2. Damaged or loose hangers or braces.

"3. Class II and Class III standpipe systems having any of the following conditions:

"3.1. No hose or nozzle, where required;

"3.2. Hose threads incompatible with fire department hose threads;

"3.3. Hose connection cap missing;

"3.4. Mildew, cuts, abrasions and deterioration evident;

"3.5. Coupling damaged;

"3.6. Gaskets missing or deteriorated; or

"3.7. Nozzle missing or obstructed.

"4. Hose racks and cabinets having any of the following conditions:

"4.1. Difficult to operate or damaged;

"4.2. Hose improperly racked or rolled;

"4.3. Inability of rack to swing 90 degrees out of the cabinet;

"4.4. Cabinet locked, except as permitted by this code;

"4.5. Cabinet door will not fully open; or

"4.6. Door glazing cracked or broken.

"5. Portable fire extinguishers having any of the following conditions:

"5.1. Broken seal or tamper indicator;

"5.2. Expired maintenance tag;

"5.3. Pressure gauge indicator in "red";

"5.4. Signs of leakage or corrosion;

"5.5. Mechanical damage, denting or abrasion of tank;

"5.6. Presence of repairs such as welding, soldering or brazing;

"5.7. Damaged threads; or

"5.8. Damaged hose assembly, couplings or swivel joints.

"6. Fire alarm and detection control equipment, initiating devices and notification appliances having any of the following conditions:

"6.1. Corroded or leaking batteries or terminals;

"6.2. Smoke detectors having paint or other ornamentation that is not factory-applied;

"6.3. Mechanical damage to heat or smoke detectors; or

"6.4. Tripped fuses.

"7. Fire department connections having any of the following conditions:

"7.1. Fire department connections are not visible or accessible from the fire apparatus access road;

"7.2. Couplings or swivels are damaged;

"7.3. Plugs and caps are missing or damaged;

"7.4. Gaskets are deteriorated;

"7.5. Check valve is leaking; or

"7.6. Identification signs are missing.

"8. Fire pumps having any of the following conditions:

"8.1. Pump room temperature is less than 40 degrees F;

"Exception: Pump room housing a diesel pump equipped with an engine heater.

"8.2. Ventilating louvers are not freely operable;

"8.3. Corroded or leaking system piping;

"8.4. Diesel fuel tank is less than two-thirds full; or

"8.5. Battery readings, lubrication oil or cooling water levels are abnormal."

(Code 1972, § 50-2; Ord. No. 192, 1986, § 2, 12-4-86; Ord. No. 205, 1986, § 1, 12-16-86; Ord. No. 20, 1989, §§ 1, 2, 2-21-89; Ord. No. 15, 1990, § 2, 2-20-90; Ord. No. 97, 1991, § 2, 8-20-91; Ord. No. 130, 1992 § 2, 1-5-93; Ord. No. 97, 1996, § 11, 7-16-96; Ord. No. 9, 1999, § 2, 1-19-99; Ord. No. 145, 2003, §§ 1—10, 11-18-03; Ord. No. 049, 2008, § 2, 5-20-08; Ord. No. 160, 2008, § 2, 1-6-08)

Sec. 9-3. Appeals.Go to the top

Whenever the Fire Marshal shall disapprove any application made pursuant to the International Fire Code, as amended, or refuse to grant a permit applied for thereunder or when it is claimed that the provisions of the fire code do not apply or that the true intent and meaning of the fire code have been misconstrued or wrongly interpreted or when any person requests a variance from the literal terms of the fire code, the applicant or person affected may appeal the decision of the Fire Marshal to the Fire Board of Appeals established pursuant to the International Fire Code. Such Board shall have the power to vary or modify any requirement made by the Fire Marshal thereunder, provided that an appeal to the Board is made within thirty (30) days of the date of the action complained of. Final decisions of the Board are subject to the right of appeal to the City Council as contained in § 2-47 et seq., of this Code, except that the Fire Marshal shall be included as a party-in-interest with standing to appeal a decision which, in his or her judgment, adversely affects public safety.

(Code 1972, § 50-4; Ord. No. 97, 1991, § 3, 8-20-91; Ord. 130, 1992 § 3, 1-5-93; Ord. No. 9, 1999, § 3, 1-19-99; Ord. No. 030, 2012, § 26, 4-17-12)

Cross-references—Appeals from certain boards to be taken to the City Council, § 2-47; Building Review Board shall function as the Fire Board of Appeals, § 2-119.

Sec. 9-4. Violations and penalties.Go to the top

Any person who shall violate any of the provisions of the International Fire Code, as amended, or who shall fail to comply with any of the provisions or who shall violate or fail to comply with any orders made thereunder or who shall act in any way in violation of any permits issued thereunder shall, severally and for each and every violation in noncompliance respectively, be guilty of a misdemeanor punishable by the penalty set forth in § 1-15 of this Code. The imposition of one (1) penalty for any violation shall not excuse the violation or permit it to continue, and all persons shall be required to correct or remedy the violations or defects within a reasonable time, and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. The application of any penalty pursuant hereto shall not be held to prevent the forced removal of prohibited conditions nor the suspension or removal of a permit or license issued thereunder.

(Code 1972, § 50-3; Ord. No. 192, 1986, § 3, 12-4-86; Ord. No. 97, 1991, § 4, 8-20-91; Ord. 130, 1992, § 3, 1-5-93; Ord. No. 030, 2012, § 27, 4-17-12)

Cross-reference—General penalty, § 1-15.

Secs. 9-5—9-20. Reserved.


ARTICLE II.Go to the top
OPEN FIRE AND BURNING RESTRICTIONS

Sec. 9-21.  Application. Go to the top

This Article shall apply to all open fires or open burnings when the restrictions authorized by this Article are in effect.

(Ord. No. 064, 2013, 5-7-13)

Sec. 9-22.  Definitions. Go to the top

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section.

Fire Code Official shall mean the Chief of the Poudre Fire Authority or his or her designee.

Fireworks shall mean "fireworks" as defined in Section 3302.1 of the 2006 International Fire Code adopted and amended in this Chapter.

Open fire or open burning shall mean any outdoor fire, including, but not limited to, campfires, warming fires, the lighting of any fused explosives and fireworks of any kind or brand, the lighting of model rockets, and the burning of fence lines or rows, grasslands, fields, farm lands, rangelands, wildlands, trash and debris. Open burning shall not include:

(1)  fires in liquid-fueled or gas-fueled stoves, grills or fireplaces;

(2)  fires in wood-burning fireplaces that are contained within buildings;

(3)  fires in charcoal grills at private one- and two-family residences;

(4)  commercial, professional and municipal fireworks displays where specific written approval has been granted by the Fire Code Official; and

(5)  prescribed or controlled burns for agricultural or irrigation purposes along ditches located within and com-pletely surrounded by irrigated farmlands where such burning is necessary for crop survival and specific written approval has been granted by the Fire Code Official.

(Ord. No. 064, 2013, 5-7-13)

Sec. 9-23.  Declaration of Stage 1 fire restrictions. Go to the top

(a)  The City Manager may declare Stage 1 Fire Restrictions in the City, after consultation with the Fire Code Official, if he or she determines that the totality of circumstances, including, but not limited to, current weather conditions, long- and short-term weather forecasts, lack of precipitation, fire restrictions in neighboring communities, regional fires and/or fires in close proximity to the City, live and dead fuel moisture levels, energy release components, atmospheric conditions, degraded air quality, and limited availability of suppression resources, have created a potential threat of fire hazards within the City.

(b)  The Stage 1 restrictions imposed by this Article shall take effect immediately upon the issuance of an administra-tive order executed by the City Manager, and shall remain in effect until rescinded by a similar order. The City Manager shall notify the City Council within twenty-four (24) hours after the issuance of such administrative order. The authority granted under this Article is ongoing, and administrative orders may be issued from time to time as conditions warrant.

(Ord. No. 064, 2013, 5-7-13)

Sec. 9-24.  Stage 1 fire restrictions/prohibited and permitted acts. Go to the top

(a)  The following activities are prohibited when Stage 1 fire restrictions are in place:

(1)  open burning of any kind without a permit from the Poudre Fire Authority;

(2)  open discarding of cigarettes and smoking materials;

(3)  welding or the operation of torches with open flame in outdoor areas, including public parks, greenbelts, open spaces and trail systems without a permit;

(4)  operating or using any internal combustion engine (e.g., chainsaw) without a spark arresting device properly installed, maintained and in effective working order; and

(5)  operating any pest control equipment which relies upon the ignition of flammable gases or liquids.

(b) The following activities are permitted when Stage 1 fire restrictions are in place:

(1)  fires within liquid-fueled or gas-fueled appliances, including fire pits, grills and camp stoves; fireplaces within buildings; charcoal grill fires within developed residential or commercial areas; fires within wood-burning stoves;

(2)  fires specifically authorized by a permit issued by the Fire Code Official, including permitted professional fireworks displays;

(3)  fire department training fires;

(4)  tiki torches; small recreational fires at developed picnic or campground sites contained in permanent fire pits or fire grates having a total fuel area of three (3) feet or less in diameter and two (2) feet or less in height and which are supervised by a responsible person at least twenty-one (21) years of age;

(5)  open fires or open burning by any federal, state or local officer or member of an organized fire protection district or department in the performance of official fire suppression functions; and

(6)  wood-, gas- or liquid-fueled commercial cooking or smoking appliances when used for commercial food preparation.

(c)  It shall be unlawful for any person to start, build, maintain, attend or use an open fire or conduct open burning in violation of the prohibitions of Stage 1 fire restrictions in the City, including public, private, state and federal lands, while such restrictions are in effect.

(Ord. No. 064, 2013, 5-7-13)

Sec. 9-25.  Declaration of Stage 2 fire restrictions. Go to the top

(a)  The City Manager may declare Stage 2 fire restrictions in the City, after consultation with the Fire Code Official, if he or she determines that the totality of circumstances, including, but not limited to, current weather conditions, long- and short-term weather forecasts, lack of precipitation, fire restrictions in neighboring communities, regional fires and/or fires in close proximity to the City, live and dead fuel moisture levels, energy release components, atmospheric conditions, degraded air quality, and limited availability of suppression resources have created an imminent threat of fire hazards within the City.

(b)  The Stage 2 restrictions imposed by this Article shall take effect immediately upon the issuance of an administra-tive order executed by the City Manager, and shall remain in effect until rescinded by a similar order. The City Manager shall notify the City Council within twenty-four (24) hours after the issuance of such administrative order. The authority granted under this Article is ongoing, and administrative orders may be issued from time to time as conditions warrant.

(Ord. No. 064, 2013, 5-7-13)

Sec. 9-26.  Stage 2 fire restrictions/prohibited and permitted acts. Go to the top

(a)  The following activities are prohibited when Stage 2 fire restrictions are in place:

(1)  all fires prohibited under Subsection 9-24(a);

(2)  open burning of any kind;

(3)  charcoal grill fires within developed residential or commercial areas;

(4)  burning of explosive wastes by the manufacturer of explosives in areas zoned for industrial use, when the burning is supervised by a fire protection district;

(5)  use of or fires in chimneys, other portable fireplaces or patio fire pits (which are not liquid- or gas-fueled); and

(6)  campfires at developed campgrounds or picnic areas.

(b)  The following activities are permitted when Stage 2 fire restrictions are in place:

(1)  fires within liquid-fueled or gas-fueled appliances, including fire pits, grills, and camp stoves;

(2)  use of all fireplaces and wood-burning stoves within buildings;

(3)  fire department training fires;

(4)  open fires or open burning by any federal, state or local officer or member of an organized fire protection district or department in the performance of official fire suppression functions; and

(5)  wood-, gas- or liquid-fueled commercial cooking or smoking appliances when used for commercial food preparation after review and approval of the Fire Code Official.

(c)  It shall be unlawful for any person to start, build, maintain, attend or use an open fire or conduct open burning in violation of the prohibitions of Stage 2 fire restrictions in the City, including public, private, state and federal lands, while such restrictions are in effect.

(Ord. No. 064, 2013, 5-7-13)

Sec. 9-27.  Enforcement. Go to the top

The provisions of this Article shall be enforced by the Chief of Police, City police officers, and the Fire Code Officials as defined in the International Fire Code as adopted and amended in this Chapter.

(Ord. No. 064, 2013, 5-7-13)

Sec. 9-28.  Violations; penalties. Go to the top

Any person who violates any provision of this Article commits a misdemeanor criminal offense and is subject to the penalty provisions of Subsection 1-15(a) of this Code.

(Ord. No. 064, 2013, 5-7-13)