CHAPTER X. FIRE PREVENTIONCHAPTER X. FIRE PREVENTION\ARTICLE 1. INTERNATIONAL FIRE CODE

There is hereby incorporated by reference for the purpose of prescribing rules and regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, and for the purpose of providing minimum regulations for the construction, erection, remodeling, alteration, repair or expansion of any building or structure, the “International Fire Code,” 2012 Edition, including all appendices, prepared and published in book form by the International Code Council, Inc., except such articles, sections, parts or portions as are hereinafter deleted, modified or added.  Any errata officially published by the International Code Council, Inc., shall become part of the International Fire Code when placed on file by the administrative authority.  If any conflict or discrepancy exists between this article and the referenced International Fire Code, the provisions of this article shall rule.

No fewer than three copies of the International Fire Code shall be marked or stamped “Official Copy as Incorporated by Reference by the Code of the City of Newton, Kansas,” with all sections or portions thereof intended to be deleted, changed or amended clearly marked to show such deletion, change or amendment, and to which shall be attached a copy of this ordinance and filed with the city clerk to be open to inspection and available to the public at all reasonable hours.  All administrative departments of the City charged with the enforcement of the ordinance shall be supplied, at the cost of the City, such number of official copies of such International Fire Code similarly marked, deleted and changed as may be expedient.

(Ord. 4266-98; Ord. 4498-04; Ord. 4693-09; Ord. 4842-14)

(a)   Whenever the term “Uniform Fire Code” or “International Fire Code” is used in this chapter, it shall mean the fire code as adopted by Section 10-101 herein.

(b)   Whenever the words “Authority Having Jurisdiction” (or “AHJ”) is used in the International fire Code as adopted by Section 10-101 herein.

(c)   Whenever the words “district” or “districts” are used in the International Fire Code as adopted by Section10-101 herein, they shall mean either Fire Zone One or Fire Zone Two or both such Fire Zones as the context may indicate.

(Ord. 4266-98; Ord. 4449-03; Ord. 4498-04; Ord. 4693-09; Ord. 4842-14)

The following items of the International Fire Code, incorporated by section 10-101 of this article, are  hereby deleted:

(a)   Section 311.3 Removal of combustibles.

(b)   Exception 3 of Section 503.1.1.

(c)   Appendixes A, F, J, and H.

(d)   Section B105 of Appendix B.

(e)   Section D107.1 of Appendix D.

(Ord. 4266-98; Ord. 4498-04; Ord. 4641-07; Ord. 4842-14)

(a)   Section 202 General Definitions of the International Fire Code, incorporated by section 10-101 of this article, is hereby amended to include the following defined terms, or to amend the existing definitions of such terms, as follows:

AIRCRAFT HANGAR.   Means Residential Aircraft Hangar, Aircraft Maintenance Hangar or Aircraft Storage Hangar.

AIRCRAFT MAINTENANCE HANGAR.  Means an aircraft hangar which includes the following activities: repair of aircraft; modification of aircraft; rebuilding of structural damage, correction of a system malfunction or replacement of a major component; aircraft engine overhaul and maintenance; welding operations; major disassembling, inspection, reassembling, and aircraft fuel tank or system repair or cleaning.

AIRCRAFT STORAGE HANGAR.  Means an aircraft hangar which includes the following activities: routine service checks of aircraft; corrections of flight crew complaints as to aircraft; and minor repair and maintenance performed on an aircraft while it is in “out of flight” status.

BONFIRE. An outdoor fire utilized for ceremonial purposes that does not meet the criteria for a recreational fire.

RESIDENTIAL AIRCRAFT HANGAR.  Means an accessory building less than 2,000 square feet (186 m2) and 20 feet (6096 mm) in building height constructed on a one- or two- family property where aircraft are stored.  Such use will be considered as a residential accessory use incidental to the dwelling.

SPECIAL AMUSEMENT BUILDING: A special amusement building is any temporary or permanent building or portion thereof that is occupied for amusement, entertainment or educational purposes and that contains a device or system that conveys passengers or provides a walkway along, around or over a course in any direction so arranged that the means of egress path is not readily apparent due to visual or audio distractions or is intentionally confounded or is not readily available because of the nature of the attraction or mode of conveyance through the building or structure. This term shall include any structure, facility or area or any part thereof including, but not limited to haunted houses, fun houses, spook houses, haunted caves or mansions, spook walks, and haunted forests.  In determining whether the definition of special amusement building applies, it is immaterial as whether the operation is “for profit” or “non-profit.”

(b)   The following numbered provisions of the International Fire Code, incorporated by section 10-101 of this article, are each hereby amended to read as follows:

104.10 Fire Investigations. The fire department is authorized to investigate promptly the cause, origin and circumstances of each and every fire occurring in the jurisdiction involving loss of life or injury to person or destruction or damage to property and, if it appears to the bureau of investigation that such fire is of suspicious origin, they are authorized to take immediate charge of all physical evidence relating to the cause of the fire and are authorized to pursue the investigation to its conclusion.

105.6.10  Cryogenic fluids.  The storage of flammable cryogenic fluids is prohibited in Fire Zone One.  An operational permit is required for the storage of flammable cryogenic fluids in Fire Zone Two.

105.6.16  Flammable and combustible liquids.   An operational permit is required for storage of Class I and Class II liquids in light or general industrial areas in Fire Zone Two as defined in Section 6-147 of this code.  Storage of Class I and Class II liquids of more than five gallons is prohibited in Fire Zone One.

106.2.1 Inspection requests.  It shall be the duty of the person requiring an inspection to notify the chief that such work is ready for inspection.  The chief is authorized to require that every request for inspection be filed not less than one working day before such inspection is desired.  Such request may be in writing or by telephone at the option of the chief.  It shall be the duty of the person requesting any required inspection to provide access to and means for proper inspection of such work.

106.5 Occupancy inspection.  All new buildings or structures or occupancy changes in existing buildings or structures shall not be occupied prior to an inspection by the fire code official ensuring all applicable provisions of this code have been met.

108.1 Board of appeals established. In order to determine the suitability of alternate materials and type of construction and to provide for reasonable interpretations of the provisions of the I.F.C, there shall be and hereby is created a board of appeals consisting of five (5) members who are qualified by experience and training to pass upon pertinent matters and who are not employees of City of Newton Fire/EMS.  The fire chief and/or fire marshal of Newton Fire/EMS shall attend each meeting of the board of appeals and shall be available to defend decisions made by the fire chief and/or fire marshal to provide technical information to the board of appeals, but neither the fire chief nor the fire marshal shall have a vote upon any matter before the board of appeals. The city attorney shall provide legal counsel for the board of appeals. The board of appeals shall be appointed by the governing body of the city of Newton to serve at its pleasure and each board member so appointed shall serve for a term of three (3) years.  In the event of the death, resignation or disqualification of any member of the board of appeals, such member's successor shall be appointed as herein provided to fill only the un-expired term caused by the vacancy. The board of appeals shall adopt reasonable rules and regulations for conducting its investigations.  The code official shall act as the secretary of the board and shall keep a detailed record of all its proceedings, which shall set forth the reasons for its decisions, the vote of each member, the absence of a member and any failure of a member to vote. The board of appeals shall render all findings and decisions in writing to the fire chief with a duplicate copy to the applicant or appellant.

108.2 Limitations on authority.  An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted thereunder has been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed.  The board shall have no authority to waive requirements of this code.  In making its decision, the board of appeals shall consider the degree of safety to be achieved and any resulting detriment to the public welfare, and if available, the board of appeals shall use established standards of nationally recognized laboratories and research organizations.

108.3 Qualifications.  The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to hazards of fire, explosions, hazardous conditions or fire protection systems and are not employees of the jurisdiction.  Examples of professions providing suitable experience or training include the following: (a) architects licensed by the state of Kansas; (b) NICT Level II fire alarms supervisors; (c) mechanical engineers licensed by the state of Kansas; (d) fire sprinkler installers for sprinkler companies which are qualified and registered with the State Fire Marshal's Office; and (e) contractors with a Class A license and who are currently licensed by the City of Newton.

108.4 Application for appeal.  All appeals shall be made in writing to the chief of the fire department within ten (10) calendar days of the pronouncement of the decision being appealed from, or be forever barred.  Any applicant or appellant desiring to use alternate materials or types of construction shall guarantee payment of all expenses for tests deemed necessary by the board of appeals.

108.5 Conflict of interest.  Members with a material or financial interest in a matter before the board shall declare such interest and refrain from participating in discussions, deliberations, and voting on such matters.

307.4 Location. Open burning shall not be conducted within 100 feet of any structure or other combustible material. Conditions, which could cause the fire to spread to within 100 feet of a structure, shall be eliminated prior to ignition.

Exceptions:

1.    Fires in approved containers that are not less than 15 feet from a structure.

2.    The minimum required distance from a structure shall be 25 feet where the pile size is 3 feet or less in diameter and 2 feet or less in height.

307.4.1 Bonfires. A bonfire shall not be conducted within 100 feet of a structure or combustible material unless the bonfire is contained in a barbecue pit. Conditions that could cause a fire to spread within 100 feet of a structure shall be eliminated prior to ignition.

308.3.3 Chimenea and other recreational open flame devices.  A Chimenea or other recreational device shall not be located with 10 feet of combustible materials including, but not limited to walls, floors, household items, and combustible vegetation. Chimeneas shall be placed on a non-combustible surface and shall not be used on balconies or wood decks. Chimenea use shall be discontinued when there is a ban on burning issued by federal, state or local agencies. Chimeneas shall not be used when the wind speed is in excess of 15 mph. Chimeneas shall not be used within 500 feet of shake shingle communities, unless provided with spark arrestor with a minimum ½ inch metal screen secured by metal wire located on the Chimenea vent. Only limbs, leaves, and wood chips may be burned within the Chimenea.  Other fuel products such as paper, plastic and rubbish are not allowed.

311.1.1 Abandoned premises. Buildings, structures and premises for which an owner cannot be identified or located by dispatch of a certificate of mailing to the last known or registered address, which persistently or repeatedly become unprotected or unsecured, which have been occupied by un-authorized persons or for illegal purposes, or which present a danger of structural collapse or fire spread to adjacent properties shall be considered abandoned, declared unsafe and abated by demolition or rehabilitation in accordance with the Code of the City of Newton, Kansas.

315.4 Outside storage. Outside storage of combustible materials shall not be located within 10 feet of a property line or 50 feet from a structure.

Exceptions:

1.    The separation distance to the property line is allowed to be reduced to 3 feet for storage not exceeding 6 feet in height.

2.    The separation distance to structures is allowed to be reduced to 10 feet if the pile does not exceed 6 feet in height.

3.    The separation distance is allowed to be reduced when the code official determines that no hazard to adjoining property or any structure exists.

403.1 Standby personnel.  When, in the opinion of the code official, it is essential for public safety in a place of assembly or any other place where people congregate, due to the number of persons or the nature of the performance, exhibition, display, contest or activity, the owner, agent or lessee shall employ one or more qualified persons, as required and approved by the code official to be on duty at such place.  Such individuals shall be subject to the code officials orders at all times when so employed and shall be in uniform and remain on duty during the times such places are open to the public, or when such activity is being conducted.  Before each performance or the start of such activity, such individuals shall inspect the required fire appliances provided to see that they are in proper place and in good working order and shall keep diligent watch for fires or other life safety hazards during the time such place is open to the public or such activity is being conducted, and shall take prompt measures to extinguish fires or perform life saving measures as necessary. Such individuals shall not be required or permitted, while on duty, to perform any other duties than those herein specified.

408.3.1  First emergency evacuation drill.  The first emergency evacuation drill of each school year shall be conducted within 30 days of the beginning of classes.

408.12  Special amusement buildings.  Special Amusement buildings shall comply with all provisions of the International Fire Code, including the requirements of Sections 401 through 406, and the following additional requirements:

408.12.1 Exception:  Special Amusement buildings or portions thereof that are without walls or a roof and constructed to prevent the accumulation of smoke are exempt from the requirements set forth in Section 408.12.  A special amusement building will qualify for an exception only after being approved by the fire code official.

408.12.2  Automatic fire detection.  Special amusement buildings shall be equipped with an automatic fire detection system in accordance with Section 907.

408.12.3  Automatic sprinklers.  Special amusement buildings shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1 and 903.1.1.

       Exception: Automatic fire sprinklers are not required where the total floor area of a temporary special amusement building is less than 1,000 square feet and the travel distance from any point to an exit is less than 50 feet.

408.12.4  Alarm.  Actuation of a single smoke detector, the automatic sprinkler system or other automatic fire detection device shall immediately sound an alarm at the building at a constantly attended location from which emergency action can be initiated including the capability of manual initiation of requirements in Section 907.2.12.1.

408.12.5  Emergency voice/alarm communications system.  An emergency voice/alarm communications system shall be provided in accordance with Section 907.2.12.3, which is also permitted to serve as a public address system and shall be audible throughout the entire special amusement building.

408.12.6  Exit marking.  Exit signs shall be installed at amusement building required exit or exit access doorways. Approved directional exit markings shall also be provided. Where mirrors, mazes or other designs are utilized that disguise the path of egress travel such that they are not apparent, approved low-level exit signs and directional path markings shall be provided and located not more than 8 inches above the walking surface and on or near the path of egress travel. Such markings shall become visible in an emergency. The directional exit marking shall be activated by the automatic fire detection system and the automatic sprinkler system in accordance with Section 907.2.12.2.

408.12.7  Interior finish.  The interior finish shall be Class A in accordance with Section 803.1.

408.12.8  General requirements.  When the maze concept is used, there shall be no dead-end corridors and there shall be an obvious exit out of the maze every twenty feet (20') of linear travel. All stairways shall be illuminated at a level of at least one foot-candle

408.12.8.1  Groups of children age 12 and under must be accompanied or supervised by a staff person who is 18 years of age or older. Such groups shall consist of not more than 20 persons. The staff person must have in their possession an operable flashlight and shall be familiar with the special amusement building including the layout and emergency provisions.

408.12.8.2  There shall be no smoking allowed at any time by anyone inside the special amusement operation or other similar installation. No smoking signs shall be posted.

408.12.8.3  All electrical installations shall meet the requirements of the electrical code.

408.12.8.4  The fire code official shall be contracted prior to the operation of the special amusement operation or other similar installation for an inspection and planning of evacuation procedures. A plan shall be provided to and approved by the fire code official to accommodate all safety procedures, including a diagram of all entries and exits.

408.12.8.5  The total number of occupants at any time shall be limited to the number allowed by the fire code official after the inspection has been performed.

408.12.8.6  Open flame devices and temporary heaters are prohibited in or around all special amusement buildings.

408.12.8.7  Emergency lighting shall be provided and approved by the fire code official.

408.12.8.8  Tunnels shall not be lower than three feet (3'), or longer than four feet (4').  All tunnels must include a removable lid.

408.12.8.9  Parking shall not limit access to emergency apparatus.

408.12.8.10  A telephone shall be installed for emergency use.

408.12.8.11  The use of Visqueen plastic sheeting, polyethylene sheeting or similar plastic sheeting is strictly prohibited.

507.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 500 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official. 

609.2 Where required.  A Type I hood shall be installed at or above all commercial cooking appliances and domestic appliances used for commercial purposes that produce grease vapors.

       Exception: Domestic cooking appliances used for noncommercial purposes are permitted when approved by the fire code official.  This approval shall only be given when limited cooking operation is conducted. If the fire code official grants an exception, the domestic cooking appliance shall be provided with a commercial Type II exhaust hood and equipped with a fire suppression system.

901.4 Installation and authorized installers.  Fire protection systems shall be maintained in accordance with the original installation standards for that system. Required fire protection systems shall be extended, altered, or augmented as necessary to maintain and continue protection whenever the building is altered, remodeled or added to.  Installations or alterations to fire protection systems shall be done in accordance with applicable standards and only by companies with NICET Level II fire alarm qualifications, as well as sprinkler contractors qualified and registered with the State Fire Marshal's Office.  Companies installing, altering or testing fire alarm systems must be NICET Level II qualified.

901.4.7 Plan Review. A plans examination by the fire code official is required for any new installation, addition, or alteration of any fire sprinkler system, fire alarm system, or kitchen hood system. Plans and specifications shall be submitted to the fire department for review and approval prior to construction.

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 and shall be subject to annual test by a fire protection contractor. Non-required fire protection systems and equipment shall be inspected, tested and maintained in the same manner as required systems. The fire protection contractor shall provide a letter stating the result of the test and corrections of the fire protection system to the fire department.

901.6.3 Authorized Inspectors, test and maintenance personnel. No person or business entity shall inspect, test or maintain any system regulated by this section unless said person or business has received a permit from the fire code official pursuant to Section 105.1.

903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area.

       Exception: One and two family dwellings and town houses when more than two stories in height when built in accordance with the International Residential Code.

903.2.11.1.1 Opening dimensions and access.  Openings shall have a minimum dimension of not less than 30 inches in width and 48 inches in height. Such openings shall be accessible to the fire department from the exterior and shall not be obstructed in a manner that fire fighting or rescue cannot be accomplished from the exterior.

903.3.6  Hose threads.  Fire hose threads used in conjunction with automatic sprinkler systems shall comply with NFPA 1963.  Fire hose thread connections with fire-extinguishing systems shall be national standard hose thread or as approved by the Fire Code Official.

903.3.7 Fire department connections.  The location of the fire department connections shall be approved by the Fire Code Official. The maximum distance shall be 150 feet from a fire hydrant. The required hydrant shall be no closer than 40 feet to the structure.

904.3.5 Monitoring. All building fire alarm systems and automatic sprinkler systems with 20 or more heads shall be monitored and automatically transmitted to an approved central station, remote supervisory station or proprietary supervisory station as defined in NFPA 72 or when approved by the Fire Code Official, shall sound an audible signal at a constantly attended location.

914.8.2  Fire Suppression.  Aircraft Hangars shall be provided with a fire suppression system designed in accordance with NFPA 409, based upon the classification for the hangar given in Table 914.8.2

Exceptions: 

1.    When a fixed base operator has separate repair facilities on site, Group II hangars operated by a fixed base operator used for storage of transient aircraft only shall have a fire suppression system, but the system shall be exempt from foam requirements.

2.    Aircraft Maintenance Hangars are not required to have an automatic sprinkler and foam suppression system where the fire area does not exceed 17,500 square feet and the following conditions are met:

a.     The height of the hangar door is 28 feet or less; and

b.    The building is protected by an approved Monitored Optical Fire Detection System throughout.

3.    Aircraft Storage Hangars are not required to have an automatic sprinkler and foam suppressions system where the fire area does not exceed 26,000 square feet and the following conditions are met:

a.     The height of the hangar door is 28 feet or less; and

b.    The building is protected by an approved Monitored Optical Fire Detection System throughout.

1104.3 Exit sign illumination.  Exit signs shall be internally illuminated at all times and connected to an emergency electrical system provided from storage batteries, unit equipment or an on-site generator set, and the system shall be installed in accordance with the Electrical Code.

       Exception:  Self-luminous signs, approved by the Fire Code Official that provide continuous illumination independent of an external power source.

1104.5 Illumination emergency power. The power supply for means of egress illumination shall normally be provided by the premises’ electrical supply. In the event of power supply failure, illumination shall be automatically provided from an emergency system for the following occupancies where such occupancies require two or more means of egress:

1.    Group A having more than 50 occupants.

2.    Group B buildings three or more stories in height, buildings with 100 or more occupants above or below the level of exit discharge, or buildings with 1,000 or more total occupants.

3.    Group E in interior stairs, corridors, windowless areas with student occupancy, shops and laboratories.

4.    Group F having more than 100 occupants.

5.    Group I.     

6.    Group M.

       Exception: Buildings less than 3,000 square feet in gross sales area on one story only, excluding mezzanines.

7.    Group R-1.

       Exception: Where each guestroom has direct access to the outside of the building at grade.

8.    Group R-2 as applicable in Section 1001.1.

       Exception: Where each living unit has direct access to the outside of the building at grade.

9.    Group R-4.

       Exception: Where each sleeping room has direct access to the outside of the building at ground level.

       The emergency power system shall provide power for not less than 60 minutes and consist of storage batteries, unit equipment or an on-site generator. The installation of the emergency power system shall be in accordance with Section 604.

3104.20 Standby Personnel. When, in the opinion of the Fire Code Official, it is essential for public safety in a tent, canopy or membrane structure used as a place of assembly or any other use where people congregate, because of the number of persons, or the nature of the performance, exhibition, display, contest or activity, the owner, agent or lessee shall employ one or more qualified persons, as required and approved, to remain on duty during the times such places are open to the public, or when such activity is being conducted.

       Before each performance or the start of such activity, standby personnel shall keep diligent watch for fires or other life safety hazards during the time such place is open to the public or such activity is being conducted and shall take prompt measures to extinguish fires or perform life saving measures as necessary and assist in the evacuation of the public from the structure.

       Such individuals shall not be required or permitted, while on duty, to perform any other duties than those herein specified.

5504.3.1.1.3 Location.  Stationary containers shall be located in accordance with Section 5503.  Containers of cryogenic fluids shall not be located within diked areas containing other hazardous materials.

       Storage of flammable cryogenic fluids in stationary containers inside or outside of buildings in Fire Zone One is prohibited and a permit is required from the Chief of the Newton Fire/EMS Department for inside or outside storage of flammable cryogenics in Fire Zone Two.

5604.1.1  Storage Limits.  The storage of explosives and blasting agents is prohibited within Fire Zone One and Fire Zone Two.  This prohibition shall not apply to wholesale and retail stocks of small arms ammunition, black powder, smokeless powder, and small arms primers for hand loading small arms ammunition for personal consumption.  Display and storage in Group M occupancies shall be regulated by Section 5606.5.

5704.4 Locations where above ground tanks are prohibited.  Storage of Class I and Class II liquids in above ground tanks outside of buildings is prohibited in Fire Zone One as defined in Section 6-147 of the Code of the City of Newton, Kansas.  A permit is required from the Chief of the Newton Fire/EMS Department for storage of Class I and Class II liquids in above ground tanks in Fire Zone Two as defined in Section 6-147 of the Code of the City of Newton, Kansas, for I-1 and I-2 districts.

5706.6.2 Unattended Parking.  No operator of a commercial delivery vehicle such as a box van, bob tail, truck trailer or tank truck containing products classified by federal, state or local regulatory agencies as hazardous materials, including but not limited to explosives and blasting agents, compressed gases, flammable and combustible liquids, flammable solids, oxidizers, organic peroxides, pyrophoric material, unstable reactive materials, water reactive materials, cryogenic fluids, highly toxic and toxic materials, radioactive materials, corrosives, health and biomedical hazards and irritating materials, shall park or leave such vehicle unattended on any street, highway, avenue or alley within five hundred feet (500') of any residential area, apartment or hotel complex or educational, hospital or health care facility at any time, or at any other place that would, in the opinion of the chief, present a life or property hazard.

       Exception: This shall not prohibit parking or absence of the operator (1) in connection with loading or unloading, (2) for meals during the day or night if the street is well lighted at the place of parking and (3) for the purpose of securing assistance in case of emergency.

6104.2   Maximum capacity within established limits.  The storage of Liquefied Petroleum Gas in containers over 20 pound capacity is prohibited in Fire Zone One as defined by Section 6-147 of this code except for recreational trailers or vehicles.  The storage for Liquefied Petroleum Gas over 20 pound capacity including forklifts, vehicles and recreational trailers is allowed in Fire Zone Two in light or general industrial districts.  The aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons.

       Exception:  In particular installations, this capacity limit shall be determined by the Fire Code Official, after consideration of special features such as topographical conditions, nature of occupancy, proximity to buildings, capacity of proposed containers, degree of fire protection to be provided and capabilities of the local fire department.

(Ord. 4266-98; Ord. 4498-04; Ord. 4842-14; Ord. 4876-15)

(a)   The International Fire Code as adopted and amended herein shall be enforced by the Bureau of Fire Prevention in the Newton Fire/EMS Department of the City of Newton which is hereby established and which shall be operated under the supervision of the Chief of the Newton Fire/EMS Department or by such officers as may be delegated by the Chief. The Chief shall designate a fire marshal and such other members of the Newton Fire/EMS Department as inspectors and as “Fire Code Officials” under the International Fire Code as the Chief may deem necessary from time to time, which may include the authority and power to sign, issue and execute complaints regarding violations of this chapter of the Code of the City of Newton.  The Chief shall also possess all such powers and authority.

(b)   With the advice and recommendations of the Fire Chief, the governing body of the City may from time to time by Resolution establish and authorize a program for the periodic inspection of one or more classifications of structures or facilities within the City for the enforcement of the laws and ordinances governing the same, and for the safeguarding of life an property from hazards and dangers under the jurisdiction of the Newton Fire/EMS Department.

(c)   The Fire Chief, and any and all inspectors and code officials designated by the Fire Chief under the authority conferred herein, shall have the right of access to any and all properties, structures, and facilities in the City for the purpose of carrying out the adopted and authorized periodic inspection program as established by the governing body.  It shall be unlawful for any owner, manager or occupant of any such property to fail or refuse to provide such access upon reasonable advance notice and request for such access having been given.  Furthermore, the Fire Chief, and any designated inspector or code official, may make application to the District Court for an administrative search warrant to compel such access, and may make forcible entry upon or into any such property, structure or facility for the purpose of carrying out such inspection, as such warrant may authorize.

(Ord. 4266-98; Ord. 4498-04; Ord.4693-09; Ord. 4842-14)

(a)   Any person who violates any of the provisions of the this Article or of the Uniform Fire Code as adopted and amended herein, or who fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken, or who fails to comply with such order as affirmed or modified by the Board of Appeals or by a court of competent jurisdiction within the required time, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine fixed by the court at a sum not to exceed $500 or by imprisonment of not more than 30 days or by both such fine and imprisonment.  The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense.  The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

(b)   Whenever the Chief of the Newton Fire/EMS Department or any code enforcement officer delegated with such authority has probable cause to believe that a person, firm or corporation is committing or has committed a violation of any provision of this Article or of the Uniform Fire Code, the Chief or such enforcement officer may first cause a notice of violation(s) and order(s) to comply to be served upon such person, firm or corporation responsible therefor.  Such notice:

(1)   Shall be in writing;

(2)   Shall include a description of the real estate and/or the street address where the violation allegedly occurred or is occurring sufficient for identification;

(3)   Shall specify the violation(s) which exist and the correction(s) ordered; and

(4)   Shall prescribe a reasonable time for the performance of any act it requires.

Such notice shall be deemed to be properly served upon such alleged violator if a copy thereof is delivered to such alleged violator personally, or if a copy is left at such alleged violator’s place of abode or business with a person of suitable age and discretion who shall be informed of the contents thereof.  Such notice shall also be deemed to be properly served if a copy thereof is sent by mail to such alleged violator’s last known address, or, if the copy is returned showing it has not been delivered, a copy thereof is posted in a conspicuous place in, on or about the building or structure affected by the notice.

(c)   In case any notice of violation(s) and order(s) to comply authorized herein is not complied with, the Chief or such enforcement officer may request the City Attorney to institute an appropriate action or proceeding against such person, firm or corporation responsible for the violation(s):

(1)   To restrain, correct or remove the violation or to compel such person, firm or corporation to refrain from any further execution of work;

(2)   To restrain or correct the erection, construction, installation, alteration, enlargement, addition, repair, relocation, replacement, improvement, removal, conversion, demolition, equipping, maintenance, occupation or use of a building, structure or portion thereof;

(3)   To require the removal of work in violation;

(4)   To prevent the maintenance, occupation or use of the building, structure or portion thereof, erected, constructed, installed, altered, enlarged, added to, repaired, relocated, replaced, improved, removed, converted, demolished, equipped, maintained, occupied or used in violation of this Article or of the Uniform Fire Code, or in violation of a plan or specification under which an approval, permit or certificate was issued.

In addition, or in the alternative, the Chief or such enforcement officer may proceed for the enforcement of penalties hereunder.

(d)   For the purposes of the penalty provisions under the Uniform Fire Code, every violation shall be deemed to be a class G violation except for the following which shall be classified as follows:

CLASSIFICATION OF VIOLATIONS

Section

Description Of Violation

Class

102.3

Change use of building

I

104.3

Deny right of entry

I

104.11

Fail to comply with fire department authority

I

104.11.2

Obstruct fire fighting operations

I

107.1

Fail to maintain any device, equipment or system, in accordance with this code or applicable standards

H

107.2

Fail to have required equipment tested

H

107.2.1

Fail to have test and inspection records available to the fire code official when requested

H

107.2.2

Fail to have work or installation re-inspected

H

107.4

Render portable or fixed fire extinguishing system, device or fire warning system inoperable or  inaccessible

I

107.5

Allow a building or portion thereof to be overcrowded beyond the approved capacity

I

109.3.2

Fail to comply with compliance order or notice

H

109.3.4

Mutilate, destroy, remove or tamper posted or affixed notice or tag

I

109.4

Fail to correct or abate a violation of this code by an owner or occupancy

I

110.1

Fail to comply with notice on unsafe building

I

110.1.1

Allow unsafe condition to remain

I

110.2

Fail to evacuate building or structure as directed

I

110.4

Fail to abate unsafe condition

I

111.4

Fail to comply with work stop order

I

304.1

Allow combustible waste to accumulate which creates a fire hazard

H

304.1.3

Allow combustible waste storage under seats

H

305.4

Cause the burning of combustible  material in a manner to endanger the safety of persons or property

H

307.1

Burn at an unapproved location

H

307.3

Burn prohibited materials

H

307.4.1

Have a bon fire at an unapproved location

H

307.4.2

Have a recreational fire at unapproved location

H

307.5

Leave or not attend a burning operation

H

308.1

Use an open flame in a prohibited location

I

308.1.1

Use or allow to be utilized an open flame at an unapproved location

I

308.1.2

Throw, discard, or place a glowing object which could cause an unwanted fire

I

308.1.5

Locate open flame too close to combustibles

I

308.1.6

Use a Chimenea or other recreational open flame devices in an unapproved manner

H

308.1.7.1

Allow candles in aisles and exits

I

308.2

Allow an open flame device around a hazardous location

I

310.4

Remove or tamper with no smoking sign

H

310.5

Fail to comply with no smoking sign

H

310.7

Discard smoking material in an approved manner

H

310.8

Use smoking material or an ignition source when hazardous environmental conditions exist

H

311.2.1

Fail to secure and protect vacant premises

I

311.2.2

Fail to maintain fire protection in vacant premise

I

311.3

Fail to remove combustible waste from vacant building

H

311.4

Fail to remove hazardous materials from vacant building

I

312.2.

Fail to provide approved vehicle impact protection post

H

314.3

Display highly combustible goods in an unapproved location

I

315.3

Fail to store combustible materials in an approved manner

H

315.3.1

Fail to maintain ceiling clearance in an approved manner

H

315.3.2

Store combustible materials in exit or exit enclosure

I

315.4

Store combustible materials outside in an unapproved manner

H

315.4.1

Improperly store or display combustible materials beneath overhead project

H

315.4.2

Exceed outside storage height limitation

H

401.3.1

Fail to report unwanted fire emergency to the fire department

I

401.3.2

Fail to notify fire department of a fire alarm activation

I

401.5

Make a false report to the fire department

I

401.8

Interfere with the fire department

I

403.3

Fail to provide required standby personnel

I

407.3

Fail to properly identify hazardous materials

I

408.12.2

Fail to provide required fire detection in an amusement building

I

408.12.3

Fail to provide required automatic sprinklers in an amusement building

I

408.12.4

Fail to provided required fire alarm in an amusement building

I

408.12.5

Fail to provide emergency voice/alarm communication system in an amusement building

H

408.12.6

Fail to comply with exit marking requirements in an amusement building

H

408.12.8.3

Fail to contact the fire department prior to the operation of an amusement building

H

408.12.8.6

Allow an open flame device or temporary heater in an amusement building

H

408.12.8.11

Use visquene plastic or other black plastic sheeting in an amusement building

H

501.3

Fail to submit proper construction documents to the fire department

H

503.1

Fail to provide fire apparatus access road where required

H

503.2

Fail to comply with fire apparatus access road specifications

H

503.4

Obstruct fire apparatus access drive or road (Fire Lane)

H

504.1

Fail to maintain required access to building openings and roofs

H

504.2

Fail to maintain exterior doors and openings in an approved manner

H

505.1

Fail to provide approved premises identification

H

507.1

Fail to provide required water supply

I

507.5.2

Fail to maintain fire hydrant system in operable condition

I

507.5.4

Obstruct fire protection equipment

H

507.5.5

Fail to maintain clear space around fire hydrant

H

603.4

Allow a portable unvented heater in an unapproved location

H

603.4.1

Locate a portable unvented heater in an unapproved location

H

603.6

Maintain chimney and appliances in an unapproved manner

H

603.7.1

Use or cause to be operated an unsafe heating appliance

H

603.8.4

Fail to comply with the burning conditions when using a free standing incinerator

H

604.3

Fail to maintain emergency and standby power systems

I

609.1

Fail to have a performance test conducted of the kitchen hood

H

609.2

Fail to provide approved commercial kitchen hood

I

609.3.1

Fail to have kitchen exhaust system inspected

H

609.3.2

Fail to provide approved grease filters in kitchen hood system

I

609.3.3

Fail to comply with the requirements for the cleaning of a kitchen exhaust system

H

703.1

Fail to maintain fire resistive rated construction

H

703.1.2

Fail to maintain fire door or smoke barrier door in operable condition

H

703.4

Fail to have horizontal or vertical fire door inspected and tested

H

704.1

Fail to protect floor openings and shafts as required

H

803.1.1

Use explosive or highly flammable furnishings or decorations

I

803.1.3

Obstruct exit egress passageway

H

803.5

Use unapproved textile wall coverings

H

803.6

Use unapproved vinyl wall coverings

H

806.1.1

Have a natural cut tree in an unapproved occupancy

H

806.1.3

Retain a dry natural cut tree in a building

H

806.2

Use unapproved artificial decorative vegetation

H

806.3

Obstruct means of egress with interior decorations or other objects

H

806.4

Use open flame device near decorative vegetation

H

806.5

Use unapproved electrical wiring and lighting on decorative vegetation

H

807.1

Use unapproved decorations and trim (group a,e,I,r1,r2)

H

807.4.3.1

Store clothing and personal effects in corridors and lobbies - (group e)

H

807.4.4.1

Store clothing and personal effects in corridors and lobbies - (group i-4)

H

901.2

Fail to submit required construction documents for approval

I

901.2.1

Fail to  provide compliance documents to the code official upon completion of the a project

H

901.4

Fail to maintain fire protection systems in accordance with original installation standards

I

901.4.1

Fail to install, repair, operate, test, or maintain fire protection system in accordance with the fire code

I

901.4.2

Fail to comply with the license requirements for a fire protection contractor installer

I

901.4.5

Fail to submit fire protection plans to the fire department for review

I

901.5

Fail to conduct acceptance testing of any fire protection system in the presence of the fire department

I

901.5.1

Occupy any portion of a building before the fire detection, alarm or suppression system was tested and approved

I

901.6

Fail to maintain fire detection, alarm, or extinguishing system in an operative condition at all times

I

901.6.2

Fail to retain records of all system tests, inspections and maintenance on the premise

I

901.6.7

Fail to notify fire department of a fire systems being out of service

I

901.8

Remove, tamper or otherwise disturb and fire protection device or system

I

901.8.1

Remove, tamper or otherwise disturb any lock, gate, barricade, sign, tag or seal installed by or at the direction of the fire department

I

903.2.111.1.1

Obstruct firefighter access opening

I

903.2.11.1.2

Fail to install automatic sprinkler system where building openings are on one side and the opposite wall is more than 75 feet

H

903.2.11.2

Fail to install automatic sprinkler system in rubbish and linen chutes

H

903.2.11.5

Fail to install automatic sprinkler system in commercial kitchen exhaust and duct system when required

H

903.3.1.1

Fail to install automatic sprinkler system in a building in compliance with N.F.P.A. Standard #13

I

903.3.1.2

Fail to install automatic sprinkler system in a building in compliance with N.F.P.A. Standard #13R

I

903.3.1.3

Fail to install automatic sprinkler system in a building in compliance with N.F.P.A. Standard #13D

I

903.3.3

Allowed automatic sprinklers to be installed near obstruction which will delay its activation

H

903.3.5

Fail to install back flow device on a sprinkler system

H

903.4

Fail to electronically supervise sprinkler system, pump, tank, or water flow device in an approved manner

I

903.4.1

Fail to have alarms or trouble signals transmitted to an approved location

H

903.4.2

Have audible alarm devices which are fail to operate properly

H

904.2.1

Fail to install required extinguishing system in a commercial kitchen hood and duct system

I

904.3.5

Fail to have fire alarm system monitored

I

904.3.6

Fail to be an authorized fire alarm system inspector by the State of Kansas

I

904.4

Fail to have fire extinguishing system inspected and tested prior to acceptance

H

904.4.1

Fail to have a final acceptance test conducted of the kitchen hood system

I

904.5

Fail to have Wet-chemical system installed, maintained and inspected in accordance with N.F.P.A. Standard 17A

I

904.6

Fail to have dry chemical system installed, maintained and inspected in accordance with N.F.P.A Standard 17

I

904.7

Fail to have foam system installed, maintained and inspected in accordance with N.F.P.A Standard 11,111A & 16

I

904.8

Fail to have carbon dioxide system installed, maintained and inspected in accordance with N.F.P.A Standard 12

I

904.9

Fail to have Halon system installed, maintained and inspected in accordance with N.F.P.A Standard 12A

I

904.9.1

Fail to have clean agent systems installed, maintained and inspected in accordance with N.F.P.A Standard 2001

I

904.11

Installed an unapproved commercial cooking fire extinguishing system

I

904.11.1

Fail to installed manual activation device for kitchen commercial extinguishing system

H

904.11.2

Fail to installed interlock device on kitchen commercial extinguishing system

H

904.11.5

Fail to provide portable fire extinguisher within 30 feet of a commercial extinguishing system

H

904.11.6..2

Fail to have commercial extinguishing system cleaned and inspected by a qualified individual

H

905.9

Fail to have  valves controlling water supplies of a standpipe system

I

906.1

Fail to provide correct size, type, number or maintenance of portable fire extinguisher

H

906.4

Fail to provide compatible fire extinguisher for use with a kitchen hood extinguishing system

H

906.6

Obstruct or obscure from view a portable fire extinguisher

H

907.1.1

Fail to submit fire alarm systems construction documents for approval prior to system installation

I

907.2.1

Fail to install a manual fire alarm system in a Group A occupancy

I

907.2.1.1

Fail to install a manual fire alarm system in a Group A occupancy with an occupant load of 1000 or more

I

907.2.2

Fail to install a manual fire alarm system in a Group B occupancy with an occupant load of 500 or more

I

907.2.3

Fail to install a manual fire alarm system in a Group E occupancy

I

907.2.4

Fail to install a manual fire alarm system in a Group F occupancy

I

907.2.5

Fail to install a manual fire alarm system in a Group H occupancy

I

907.2.6

Fail to install a manual fire alarm system in a Group I occupancy

I

907.2.6.1

Fail to install a manual fire alarm system in a Group I-2 occupancy

I

907.2.6.2

Fail to install a manual fire alarm system in a Group I-3 occupancy

I

907.2.6.3

Fail to provide approved smoke detection system in I-3 occupancy

I

907.2.7

Fail to install a manual fire alarm system in Group M occupancy

I

907.2.8.1

Fail to install a manual fire alarm system in a Group R-1 occupancy

I

907.2.9.1

Fail to install a manual fire alarm system in a Group R-2 occupancy

I

907.2.11.1

Fail to install single or multiple station smoke alarm in an R-1 occupancy

I

907.2.11.2

Fail to install a single or multiple station smoke alarm in an R-2, R-3, R-4 or I-1 occupancy

H

907.2.12

Fail to provide an approved automatic smoke detection system in a special amusement building

I

907.2.15

Fail to install an approved automatic fire detection system in an high piled combustible storage are

I

907.4.2.1

Fail to install a manual fire alarm box in an approved location

H

907.4.2.2

Have a manual fire alarm box at an unapproved height

H

907.6.4

Fail to maintain access to a duct detector for testing and inspection

H

907.6.5

Fail to have the fire alarm system monitored by an approved agency

I

907.7

Fail to have an acceptance test of a fire alarm system

I

907.7.2

Fail to provide the fire alarm record of completion report

H

907.8

Fail to have the fire alarm system tested and maintained in accordance with N.F.P.A Standard #72

I

907.8.5

Fail to maintain an inspection and testing report of the fire alarm system on the premises

H

912.2.1

Fail to properly identify the location of a fire department connection on an existing building

H

912.3

Obstruct a fire department connection

H

912.3.1

Fail to install locking caps on a fire department connection

H

912.4

Fail to properly identify the type of fire department connection

H

912.5

Fail to install backflow prevention device on a fire sprinkler system

H

912.6

Fail to have fire department connection tested, inspected and maintained in accordance with N.F.P.A Standard 25

I

913.4

Fail to have  valves controlling water supplies of a fire pump

I

913.5

Fail to have the fire pump tested and maintained in accordance with N.F.P.A Standard #25

I

1001.2

Alter a building or structure in a manner that reduces the number of exits required by code

I

1003.2

Have a ceiling height less than 7 feet in a means of egress

I

1003.3.1

Have protruding object below the minimum ceiling height permitted by code

H

1003.3.4

Allow protruding objects to reduce the minimum clear width of accessible egress routes

H

1003.6

Allow obstructions to be placed in the required width of a means of egress

H

1004.3

Fail to post required occupant load of a room or space

H

1004.5

Fail to provide required exits from an outdoor area

I

1005.2

Reduce the required width of a door opening into the path of egress travel

H

1006.1

Fail to provide required egress illumination

I

1006.3

Fail to provide emergency illumination supply in means of egress

I

1006.3.1

Fail to meet minimum emergency lighting brightness

I

1007.3

Fail to maintain clear width of 48 inches in an enclosed exit stairway

H

1008.1

Fail to maintain egress door as a distinguishable exit door

I

1008.1.1

Fail to maintain required clear width of an exit door

I

1008.1.2

Fail to have door swing in the direction of egress travel

I

1008.1.4.4

Allow the use of a security grill in other than Group B, F, M and S occupancy

I

1008.1.5

Have an unapproved floor elevation or landing for an exit door

H

1008.1.6

Have an improper landing size for an exit door

H

1008.1.9

Have an unapproved method of opening an exit door

H

1008.1.9.1

Have unapproved door hardware

H

1008.1.9.2

Have the door hardware at an unapproved height

H

1008.1.9.3

Use locks and latches on an exit door in an unapproved manner

H

1008.1.9.4

Have a bolt lock on an exit door

I

1008.1.9.5

Have more than one operation to open an exit door

H

1008.1.9.7

Use a delayed egress lock in an unapproved occupancy

I

1008.1.10

Fail to provide required panic hardware

H

1009.3.1

Fail to comply with stairway construction requirements

I

1009.4

Fail to maintain required stairway width

H

1009.7.2

Fail to comply with stair tread and riser requirements

H

1009.8

Fail to comply with stairway landing requirements

H

1011.1

Fail to provide required exit sign

H

1011.3

Fail to provide required illumination for an exit sign

H

1011.5

Fail to comply with externally illuminated exit sign requirements

H

1014.3

Exceed common path of travel distance requirement

H

1015.1

Fail to provide required second exit

I

1015.3

Fail to provide required second exit in Boiler, incinerator or furnace rooms

I

1018.1

Fail to provide required corridor fire resistance rating

I

1018.2

Fail to provide required minimum corridor width

I

1018.4

Exceed maximum dead-end corridor width

I

1020.1

Use an exit for other than its intended purpose

I

1020.2

Fail to provide at least one exterior exit door

H

1020.2.1

Fail to provide required number of exit doors based upon occupant load

I

1020.2.2

Fail to provide a direct and unobstructed access to a public way

I

1028.2

Fail to provide a main exit from a Group A occupancy with an occupant load greater than 300

I

1028.6

Fail to provide a clear width of aisles and other means of egress in an Assembly occupancy

H

1028.7

Exceed travel distance to an exit door

I

1028.9.2

Fail to provide required minimum aisle width in an assembly occupancy

H

1030.2

Prevent required exit accesses, exits or exit discharges from being used in an emergency

I

1030.3

Allow a means of egress to be obstructed

I

1030.6

Allow furnishings and decorations to obstruct or conceal an exit

I

1103.7.1

Fail to install an approved fire alarm system in an existing Group E occupancy

I

1103.7.2

Fail to install an approved fire alarm system in an existing Group I-1 residential care/assisted living facility

I

1103.7.3

Fail to install an approved fire alarm system in an existing Group  I-2

I

1103.7.4

Fail to install an approved fire alarm system in an existing group I-3 occupancy

I

1103.7.5

Fail to install an approved fire alarm system in an existing Group R-1 Boarding and rooming house

I

1103.7.6

Fail to install an approved fire alarm system in an existing Group R-2

I

1103.7.7

Fail to install an approved fire alarm system in an existing Group R-4 residential care/assisted living facility

I

1104.3

Fail to provide required illumination of an exit sign in an existing building

I

11.04.5

Fail to provide emergency illumination supply in an existing means of egress

I

11.04.7

Fail to provide minimum required width of an exit door in an existing building

I

1104.8

Maintain an exit door which is too difficult to open

I

1104.9

Fail to maintain a revolving door in an existing building in an approved manner

I

1104.17

Fail to maintain a corridor in an existing building in an approved manner

I

1104.17.2

Exceed maximum dead end corridor with in an existing building

I

1104.18

Exceed common path of travel distance requirement in an existing building

I

1104.22

Fail to maintain minimum aisle width in an existing building

I

2003.1

Improperly use open flames and flame producing devices in a hanger

I

2003.2

Fail to comply with smoking regulations in an aviation facility

H

2004.2

Apply aircraft finishing material in an unapproved manner

I

2005.7

Fail to maintain access to a fire extinguisher in an aircraft facility

H

2006.3.8

Use smoking material in an aircraft fueling vehicle

H

2006.5

Conduct unapproved aircraft fueling and defueling operations

H

2006.15

Use open flames and open flame devices near aircraft fueling operation

I

2107.2.2

Fail to provide required second means of egress in a dry cleaning room

I

2108.2

Fail to provide automatic sprinkler system in a dry cleaning plant

I

2301.3

Fail to provide fuel dispensing plans to the fire department for approval  

H

2303.2

Fail to provide emergency shut-off control at a fuel dispensing operation

H

2304.2.5

Fail to maintain two-way communication system at a fuel dispensing operation

H

2304.3

Fail to post operating instructions at unattended self service fuel dispensing operations

H

2304.3.6

Fail to provide a phone at an unattended self service dispensing operation

H

2305.5

Fail to provide approved fire extinguisher near a dispensing location

H

2305.6

Fail to post warning signs at a dispensing operation

H

2306.2.2

Have an unapproved above ground fuel storage tank inside a building

I

2306.3

Fail to secure an above ground tank storage area in an approved manner

H

2306.4

Fail to install approved vehicle impact protection for an above fuel dispensing storage tank

H

2306.5

Fail to provide required secondary containment for an above ground tank

H

2306.7.2

Fail to secure fuel pump in approved manner

H

2306.7.3

Fail to protect dispensing device in an approved manner

H

2306.7.6

Provide an unapproved fuel delivery nozzle

H

2306.7.8

Allow flammable liquids to be dispensed in an unapproved manner

I

2307.5.3

Fail to provide vehicle impact protection for LP-gas storage containers

I

2307.6

Fail to provide emergency shut-down equipment for COG dispensers

H

2311.2.2

Store waste oil, motor oil in an unapproved manner

H

2311.2.3

Drain and dispose of liquid waste in an unapproved manner

H

2311.3

Allow a source of ignition in a repair garage less than 18 inches above the floor

H

2403.3

Fail to protect against sources of ignition in flammable finishing operations (This is a general requirement for sections 1503.2.1 through 1503.2.8)

H

2403.4

Fail to maintain clean spraying area

H

2403.4.2

Fail to remove cleaning residue immediately from premises

H

2403.4.3

Fail to provide approved waste receptacle in spraying operations

H

2404.1

Fail to provide required spray booth or room

I

2404.3.1

Fail to construct spray room of approved materials

I

2404.3.1.1

Fail to construct spray room floor of approved materials

H

2404.3.2.1

Fail to construct spray booth of approved materials

I

2404.3.2.3

Fail to construct spray booth floor of approved materials

H

2404.3.2.5

Fail to maintain clear space around spray booth

H

2404.3.2.6

Fail to construct spraying space in approved manner

I

2404.3.3.1

Fail to construct spraying space floor of approved manner

H

2404.4

Fail to provide approved automatic fire extinguishing system in spray booth/room

I

2404.4.1

Fail to provide portable fire extinguisher for spraying area

H

2404.5.2

Fail to protect sprinklers installed in spraying area

H

2404.6.1.2.1

Fail to install shut down interlock on automated spraying system

I

2404.6.1.2.2

Use portable infrared drying apparatus in an unapproved manner

H

2404.6.2

Fail to fix lighting units in an approved location

H

2404.6.2.1

Use unapproved glass panels

H

2404.6.2.2

Use unapproved exterior light fixtures

H

2404.6.2.3

Use unapproved integral light fixtures

H

2404.6.2.4

Use portable electrical lamps in an unapproved manner

H

2404.7

Fail to provide approved mechanical ventilation

H

2404.7.1

Fail to comply with mechanical ventilation operation requirements

H

2404.7.3

Fail to install air velocity detection devices

H

2404.7.4

Obstruct ventilation system with articles being painted

H

2404.7.8.5

Fail to disposed filters in an approved manner

H

2404.8.1.1

Fail to install manual fire alarm system on automated spraying system

I

2404.8.2

Interconnect air make up and exhaust system with fire alarm system

I

2404.9

Fail to comply with limited spraying spaces requirements

I

2405.2

Conduct dip-tank operations in an unapproved location

I

2405.4.2

Fail to provide portable fire extinguisher near dip tank

H

2405.4.11

Fail to provide approved automatic extinguishing system for dip tank operations

I

2406.6

Use open flames during a drying process

I

2405.7

Fail to provide ventilation for a dip tank operation

I

2406.2

Conduct power coating operation in an unapproved location

I

2406.7

Fail to provide ventilation for power coating operations

I

2604.4

Fail to provide approved extinguishing system for powder coating operation

I

2409.3

Fail to provide fire protection system in resin application area

I

2410.1

Conduct a floor surfacing and finishing operation in an unapproved manner

I

2803.2

Fail to provide approved dust collection and exhaust system inside building

H

2803.2.1

Fail to provide explosion venting in a dust explosion hazardous area

H

2803.3.1

Fail to conduct required housekeeping/removal of combustible dusts

H

2803.5.3

Fail to install no smoking signs

H

2808.3

Exceed pile size  limits for wood chips and compost

I

2808.8

Fail to provide required fire extinguisher on vehicles

H

2809.2

Fail to store exterior lumber storage in an approved manner

I

2809.3

Fail to provide required access roads around wood chips or compost piles

I

2809.4

Fail to secure lumber storage area in an approved manner  

H

3103.6

Fail to provide site and floor plan for tent

H

3103.8.1

Fail to provide required fire apparatus access road around tent

H

3103.8.6

Fail to provide required fire break around tent

H

3103.12.2

Fail to provide required number of exits for a tent

H

3103.12.6

Fail to provide required exit signs for a tent

H

3103.12.6.1

Fail to provide required illuminated exit sign for a tent

H

3103.12.8

Fail to maintain required width of an exit in a tent

H

3104.2

Fail to provide flame resistant certificate for a tent

H

3104.5

Allow combustibles too close to tent

H

3104.6

Fail to provide NO SMOKING sign in a tent

H

3104.7

Allow open or exposed flame or other similar heat source inside or located within 20 feet of a tent

H

3104.8

Use fireworks within 100 feet of a tent

I

3104.12

Fail to install portable fire extinguisher inside a tent

H

3104.18.2

Fuel or de-fuel a vehicle or equipment within a tent

I

3104.18.3

Obstruct a means of egress in a tent with a vehicle or equipment

H

3104.20

Fail to provide required standby personnel when using a tent

I

3205.1

Fail to maintain structural integrity of storage racks

I

3205.4

Fail to maintain clear aisle in high pile storage locations

H

3205.5

Exceed high pile storage dimensions and height limitations

I

3206.6

Fail to provide fire apparatus access drive for building containing high pile combustible storage

I

3206.6.1

Fail to provide required access doors

H

3206.9

Fail to provide required aisle access to exits and access doors

I

3206.9.1

Fail to provide required aisle width

H

3206.9.2

Fail to provide required clear height of aisle width

I

3304.1

Use smoking material in an unapproved location

H

3304.2

Allow waste material to accumulate within a building under construction

H

3304.3

Permit sources of ignition and smoking in prohibited area

H

3304.5

Fail to provide required fire watch person

I

3308.7

Fail to remove temporary fire protection device covering

I

3310.1

Fail to provide required fire department vehicle access during construction

H

3311.1

Fail to provide required stairway in buildings over 50 feet during construction

I

3311.2

Fail to maintain required egress components during construction/demolition

I

3314.1

Occupy building without approved testing/inspection of the  sprinkler system

I

3403.3

Fail to clean tire rebuilding buffering area

H

3404.1

Conduct an open burning operation in a tire storage yard

J

3404.2

Operate a cutting, welding or heating device in a tire storage yard

H

3405.1

Exceed individual tire storage pile requirements

I

3405.2

Fail to separate individual tire storage piles

I

3405.3

Fail to separate individual tire storage piles from other stored products

I

3405.4

Fail to separate tire storage piles from lot lines and buildings'

I

3405.5

Fail to maintain storage yard clear from combustible ground vegetation

I

3405.6

Fail to store bulk volume of tire storage in excess of 150,000 ft3 in an approved manner

I

3405.7

Store outdoor tire waste in an unapproved location

I

3406.1

Fail to provide fire apparatus access roads in tire storage yards

I

3407.4

Fail to maintain tire storage gateway clear of obstructions and fully operable

I

3408.1

Fail to provide fire protection water for tire storage yard

I

3409.1

Store tires inside in an unapproved manner

I

3504.1.1

Have combustibles in a hot work area

H

3504.1.3

Fail to keep hot work floor area clean

H

3504.1.5

Use partitions in an unapproved manner

H

3504.1.7

Conduct hot work operations on hazardous containers in an unapproved manner

I

3504.1.8

Fail to maintain sprinkler protection during hot work operation

I

3504.2

Fail to establish and conduct a fire watch during hot work operations

I

3505.7

Conduct welding or cutting work in an unapproved manner

H

3506.4

Fail to provide emergency disconnect for fixed electrical welders

H

5001.1

Store, use or handle hazardous materials in an unapproved manner

H

5003.2.4

Install hazardous materials storage tanks in an unapproved manner

I

5003.3

Allow the release of hazardous materials to an unauthorized location

I

5003.3.1

Permit an unauthorized release of hazardous materials

I

5003.4

Fail to provide material safety data sheets (MSDS)

H

5003.5

Fail to provide hazardous identification signs on containers and tanks

I

5003.6

Obscure or remove identification signs of containers and tanks

I

5003.7

Fail to comply with the sources of ignition prohibition in hazardous materials areas

I

5003.8.3.3

Exceed maximum number of hazardous materials control areas

I

5003.8.3.4

Fail to maintain required fire resistive rating for fire barrier assembly

H

5003.8.7

Use an unapproved hazardous material storage cabinet

H

5003.8.7.2

Fail to label hazardous material cabinet with warning sign

H

5003.9.2

Fail to secure storage, dispensing, use and handling areas from unauthorized entry

H

5003.9.3

Fail to protect storage tanks and equipment in an approved manner

H

5003.9.5

Fail to protect hazardous materials with flammable mixtures from static electricity

I

5003.9.8

Failed to separate incompatible hazardous materials

I

5003.9.9

Fail to provide proper shelf storage of hazardous materials

I

5003.10.3

Use cart or truck to transport hazardous materials in an unapproved manner

H

5003.11.3

Store and display improperly hazardous materials in group "m" or "s" occupancies

H

5003.12

Use outdoor hazardous material control area in an unapproved manner

I

5004.2.

Fail to provide spill control and secondary containment for hazardous materials

I

5004.3

Fail to provide indoor storage area & buildings with approved required ventilation

I

5004.4

Fail to separate incompatible hazardous materials in storage area

I

5004.6

Fail to provide required indoor explosion control

I

5004.7

Fail to provide required standby or emergency power

I

5004.11

Fail to maintain hazardous area clear of combustible materials

H

5005.1.1

Fail to separate incompatible hazards materials in use, dispensing and handling area

I

5005.1.5

Fail to provide required standby or emergency power

I

5005.1.7

Fail to provide adequate lighting in use, dispensing and handling area

I

5005.1.9

Fail to provide indoor dispensing and use area with required ventilation

I

5005.3.3

Use and dispense hazardous materials in an unapproved outdoor location

I

5005.3.8

Fail to keep hazardous materials storage area clear of combustible material a distance of 30 feet

I

5104.2

Exceed maximum storage amounts of aerosols in Groups A, B,E,F,I and R occupancies

H

5104.3

Store aerosol in general purpose warehouses in an unapproved manner

H

5104.4.1

Fail to provide approved wet-pipe automatic sprinkler system in an aerosol warehouse

I

5104.4.2

Fail to maintain required travel distances or aisle width in an aerosol warehouse

H

5104.4.3

Fail to maintain required aisle width between storage racks in an aerosol warehouse

H

5104.4.4

Store flammable and combustible liquids in an unapproved manner in an aerosol warehouse

I

5104.7

Store aerosols in Group M occupancy in an unapproved manner or location

I

5105.1

Store aerosol products outside at an unapproved location

H

5106.2.2

Exceed storage height requirements of aerosol products in a retail display area

H

5106.2.4

Fail to provide required automatic sprinkler system in a retail area containing aerosol

I

5106.3.1

Exceed maximum display quantities in retail display locations

H

5106.4

Exceed maximum quantities in a storage area adjacent to a retail display area

H

5106.5.4

Fail to maintain aisle width requirements of a retail display area

H

5203.3

Fail to maintain clearance around automatic sprinklers in areas containing combustible fibers

I

5203.4

Fail to comply with storage requirements of agriculture products

H

5203.5

Fail to provide required dust collection system

I

5204.1

Store loose combustible fiber material in an unapproved manner

H

5204.3

Store loose combustible fibers between 100 and 500 ft3 in an unapproved location

I

5204.4.

Store loose combustible fibers between 501 and 1000 ft3 in an unapproved location

I

5204.5

Store loose combustible fibers more than 1001 ft3 in an unapproved location

I

5303.4

Fail to mark stationary or portable compressed gas containers, cylinders or tanks in an approved manner

H

5303.5.1

Fail to protect compressed gas containers, cylinders or tanks and systems in an approved manner

H

5303.5.3

Fail to secure compressed gas containers, cylinders and tanks from falling

H

5303.7

Fail to provide required separation of compressed gases from exposure hazards

H

5303.7.1

Fail to keep compressed gas containers, cylinders or tanks from incompatible materials

I

5303.7.3

Place or store compressed gas containers, cylinders or tanks near ledges, platforms or elevators

H

5303.7.4

Expose compressed gas cylinders, containers or tanks to extreme temperatures

I

5303.7.8

Expose compressed gas cylinders, containers or tanks to corrosive chemicals or fumes

I

5303.11

Fail to remove from service compressed gas cylinders, containers, tanks and systems after being exposed to fire

H

5303.12

Fail to remove from service compressed gas cylinders, containers, or tanks which are damaged, leak or corroded

H

5303.14

Fail to protect compressed gas containers, cylinders or tanks and systems from the weather elements

I

5304.1

Fail to store compressed gas containers, cylinders and tanks in an upright position

H

5305.6

Fail to use compressed gas containers, cylinders and tanks in an upright position

H

5305.10.2

Use unapproved lifting device for compressed gas cylinders, containers and tanks

H

5306.2

Stored medical compressed gas at an unapproved location

H

5307.2

Fail to provide approved mechanical ventilation in an indoor storage or use area

H

5404.2.1

Fail to provide secondary containment for aboveground outside storage tanks of corrosives over 1,000 gallons

I

5404.2.2

Store corrosive materials in an unapproved manner

I

5405.1.2

Fail to provide approved mechanical exhaust ventilation in an area using corrosive materials

I

5405.2.1

Use corrosive materials in an unapproved location

I

5503.4.1

Fail to provide required identification of cryogenic containers and systems

I

5503.5

Fail comply with security requirements for cryogenic containers and systems

H

5503.9

Fail to remove from service leaking, damaged or corroded cryogenic containers

H

5504.2.1.2

Store cryogenic containers indoors in an unapproved manner

H

5504.2.2

Store portable cryogenic containers in an unapproved manner

H

5504.3

Store cryogenic containers outdoors in an unapproved manner

H

5504.3.1

Fail to separate cryogenic containers and system in storage or use areas from hazardous conditions

H

5505.1.2

Fail to protect cryogenic piping system in an approved manner

H

5505.4.1.1

Fail to provide approved mechanical ventilation system for indoor areas where cryogenic fluids are dispensed

I

5608.2

Fail to comply with indoor display permit application requirements

I

5608.2.1

Fail to comply with outdoor display permit application requirements

I

5608.3

Operate a fire work display without having possession of the permit

I

5608.4

Allow unauthorized persons within the display area

I

5608.5.1

Leave the fireworks being used for a display unattended

H

5608.5.5

Store the fireworks being used for a display at an unapproved location

H

5608.8

Fail to discontinue a fireworks display because of a hazardous condition

I

5609.2

Fail to provide a fire extinguisher and no smoking signs at a retail firework display location

H

5609.4

Conduct an unauthorized fire works wholesale operation

I

5609.5

Use or occupy any structure for wholesale fire work operations without a permit

I

5703.5

Fail to provide warning signs for flammable liquid storage or use

H

5703.5.1

Have unapproved sign for the use of flammable liquid storage

H

5703.5.3

Fail to identify, mark, label or placard flammable liquids containers, packages or cartons

H

5703.6.4

Fail to provide approved vehicle impact protection for flammable liquid piping, valves or fittings

H

5704.2.3.1

To provide no smoking or open flames sign in an area containing flammable liquid storage tanks or containers

H

5704.2.3.2

To provide product identification signage

H

5704.2.6

Fail to separate flammable or combustible liquids from incompatible materials

H

5704.2.7

Use an unapproved flammable liquid storage tank

I

5704.2.8.6

Fail to provide approved vehicle impact protection for a flammable liquid vault

H

5704.2.9.5

Use flammable or combustible liquid tank inside a building in an unapproved manner

I

5704.2.9.7.5

Fail to provide approved vehicle impact protection for above ground tanks outside of buildings

H

5704.2.10.4

Fail to remove combustible materials from a diked area

H

5704.2.13.1.3

Fail to remove underground storage tank out of service for 1 year

I

5704.2.13.2.3

Fail to remove above ground storage tank out of service for 1 year

I

5704.3.2.1.1

Fail to comply with liquid storage cabinet construction requirements

H

5704.3.2.2

Exceed allowable number of liquid storage cabinets

H

5704.3.3.3

Store flammable or combustible liquids near a means of egress

I

5704.3.3.5.

Use unapproved shelving material

H

5704.3.3.6

Fail to maintain required aisle width between rack storage

I

5704.3.3.7

Fail to maintain required separation of solid pile or palletized storage

I

5704.3.3.9

Fail to maintain required separation of empty or idle combustible pallets

I

5704.3.3.10

Fail to maintain pile stability

I

5704.3.4.2

Exceed occupancy storage quantity limits

I

5704.3.4.4

Fail to provide liquid storage cabinet

H

5704.3.5.1

Store flammable or combustible liquids in an unapproved manner in basements

I

5704.3.5.2

Exceed storage pile height

H

5704.3.5.3

Store containers too close to a ceiling or roof

I

5704.4.2.3

Fail to secure outside storage area in an approved manner

H

5704.4.2.4

Store tanks and containers too close to a building

H

5704.4.5

Fail to provide approved vehicle impact protection for exterior tanks

H

5704.4.6

Fail to maintain storage area clear of combustible materials

H

5705.3.3

Use unapproved liquid for heating, lighting or cooking inside a building or structure

I

5705.3.5.2

Exceed occupancy use amounts of flammable or combustible liquids

I

5705.3.6.2.6

Fail to provide approved ventilation when using a parts cleaning or degrease machine

H

5706.2.2

Fail to identify, mark, label or placard flammable liquids tank at a construction site

H

5706.2.4.3

Store Class I or II liquid storage tank too close to a building or combustible storage

H

5706.6.2.1

Leave a vehicle containing hazardous materials unattended in an unapproved manner

I

5803.1.1

Store or use flammable gases in Group A, B, E, I or R occupancies

H

5803.1.4

Fail to eliminate ignition sources in areas containing flammable gases

H

5804.1

Store flammable solids indoors in an unapproved manner

H

5804.2

Store flammable solids outdoors in an unapproved manner

H

5906.2

Store magnesium in an unapproved manner

H

5906.5.3

Fail to provide approved dust collection system magnesium grinding, buffing and wire brushing operations

I

5906.5.4

Fail to provide required power supply interlock device for magnesium machines

H

5906.5.5

Fail to comply with the electrical requirements when using magnesium processing machines

H

5906.5.6

Fail to provide an electrical ground for magnesium processing machines

H

5906.5.7

Fail to provide required fire extinguishing material by magnesium processing machines

H

6003.1

Store and use highly toxic and toxic solid and liquid materials indoors in an unapproved manner

I

6003.2

Store and use highly toxic and toxic solid and liquid materials outdoors in an unapproved manner

I

6004.1

Store and use highly toxic and toxic compressed gases in an unapproved manner

I

6004.2

Store and use highly toxic or toxic compressed gases indoors in an unapproved manner

I

6004.3

Store and use highly toxic and compressed gases outdoors in an unapproved manner

I

6103.2.1.1

Use LPG container in a basement, pit or similar location

H

6103.2.1.4

Use LPG container in Group E or I occupancy in an unapproved manner

H

6105.1

Use LPG with an unapproved device or equipment

H

6107.2

Post no smoking signs in areas where LPG is transferred or filled into containers

H

6108.2

Fail to provide required fire extinguisher at a LPG location

H

6109.2

Fail to protect LPG containers from excessive temperatures

H

6109.4

Store LPG containers indoors near exit doors, stairways or other areas intended as a means of egress

I

6109.7

Store LPG container in a basement, pit or similar location

H

6109.12

Store LPG container awaiting use, resale or exchange at an unapproved location

H

6109.13

Fail to protect LPG containers from tampering or vehicular damage

H

6109.14

Store LPG containers outdoors near exit doors, stairways or other areas intended as a means of egress

I

6111.2

Leave LPG tank vehicle unattended in an unapproved manner and or location

I

6203.1.1

Store or use indoors organic peroxides in an unapproved manner

I

6204.2

Store outdoors organic peroxides in an unapproved manner

I 

6303.1.1.

Store and use indoors oxidizers at an unapproved location in an unapproved manner

H

6304.1

Allow the indoor storage of oxidizers in an unapproved manner or location

H

6304.2

Allow the outdoor storage of oxidizers in an unapproved manner or location

H

6404.1

Allow the indoor storage of Silane gas and gas mixtures in an unapproved manner

H

6404.1.2

Allow the indoor storage of pyrophoric materials in an unapproved manner or location

H

6404.2

Allow the outdoor storage of pyrophoric materials in an unapproved manner or location

H

6404.2

Allow the outdoor storage of Silane gas and gas mixtures in an unapproved manner or location

H

6503.1

Display cellulose nitrate articles in an unapproved manner

H

6503.2

Allow the storage of any item under tables displaying cellulose nitrate articles

H

6503.3

Allow the sale or display tables of cellulose nitrate articles which interfere with exiting from a room or building

H

6503.4

Allow lighting to be directly above the cellulose nitrate material

H

6504.1

Allow the use of raw cellulose nitrate material in an unapproved manner or at an unapproved location

H

6504.2

Fail to provide required fire protection system where cellulose nitrate articles are manufactured or stored

I

6603.1.2.1

Allow the indoor storage of unstable (reactive) material in Group A, E, I or U occupancies in an unapproved manner

I

6603.1.2.2

Allow the indoor storage or use of Class 3 or 4 unstable (reactive)) material in R occupancies

I

6603.1.2.3

Allow the indoor storage or use of Class 4 unstable (reactive) material in M occupancies

I

6603.1.2.4

Allow the indoor storage and use of Class 3 or r unstable (reactive) material in Group B,F,M,S occupancies offices

I

6603.1.2.5

Allow the indoor storage of class 3 or 4 unstable (reactive) materials in Group B,F,M occupancies classrooms in an unapproved manner

I

6604.2

Allow the outdoor storage of unstable (reactive) material in an unapproved manner of location

H

6704.1

Allow the indoor storage of water reactive solids and liquids in an unapproved manner or location

H

6704.2

Allow the outdoor storage of water reactive solids and liquids in an unapproved manner or location

H

(Ord. 4842-14)