[Adopted by Town Meeting 12-9-2019]
A.
This article shall be applicable to all uses, occupancies, facilities, conditions, processes, and activities set forth in § 74-14 of this article, whether temporary or permanent, existing as of the effective date of this article or proposed thereafter, or under construction or renovation.
B.
This article shall not be applicable to:
(1)
Detached one- and two-family dwellings nor to multiple single-family
dwellings attached side by side (townhouse) not more than three stories
in height with each dwelling having a separate means of egress;
(3)
Any federal agency performing construction or operating on federally
owned land or on leased land totally under the control of the federal
government.
(4)
The examination as part of the zoning or building permit process
of any site development plans or any plans depicting the construction,
remodeling, renovation or demolition of any proposed, new or existing
permanent or temporary building, structure, occupancy, facility, process
or condition.
A.
Notwithstanding any permits or licenses otherwise required and/or issued by the Town of Ellington or the State of Connecticut, the Town of Ellington shall require by this article, in conformance with and as authorized by the Connecticut State Fire Prevention Code (CSFPC), that each and all of the occupancies and activities identified at § 74-14, below, be operated and/or conducted only when authorized by a permit as issued by the Ellington Department of Town Fire Marshal, unless specifically excepted.
(1)
The mere act of filing an application for a permit does not constitute
having or possessing a permit, having been issued a permit or having
approval for a permit.
(2)
Operating without a permit or operating with a suspended, revoked
or expired permit shall constitute a violation of this article and
the appropriate sections of the CSFPC, and the operator of such occupancies
and activities shall be subject to the statutory penalties prescribed
for violations of the CSFPC.
B.
Permit classes and fees.
(2)
All permits shall be for a term of one year, unless a shorter term is specified in § 3.0 below. Upon expiration of a permit, the continuation of any occupancy or activity described in § 74-14 below shall require a renewal application and fee.
(3)
The class of permit (i.e., Class I, II, III or IV) required for the occupancies and activities described in § 74-14 below has been determined in the discretion of the Fire Marshal, having taken into consideration the level of investigation, research, scrutiny, examination and inspection required by the inspectional provisions of the CSFPC.
(4)
Permit fees. A Fee Schedule shall be established by the Board of
Selectmen for each permit class and shall be reviewed from time to
time upon recommendation by the Fire Marshal. Governmental departments,
boards, agencies and commissions shall be exempt from any fee requirements.
Formally organized civic groups and organizations, including churches,
scouting organizations, sports, police and fire associations shall
also be exempt. The permits, however, will be required.
C.
Permit applications and renewals.
(1)
Existing occupancies and activities shall be issued an explanatory notice and an initial application by the Fire Marshal for the initial permit as soon as is practicable following passage of this article, and the application period shall be 30 calendar days from the date of that notice. Failure to file said application for the initial permit required at § 74-14 within the thirty-day application period shall constitute a violation of § 74-13B of this article and a violation of the applicable sections of the CSFPC.
(2)
Except as otherwise provided below, it shall be the responsibility
of the owner or operator of each newly established occupancy or activity
to properly apply to the Ellington Fire Marshal's Office on detailed
forms provided by the Fire Marshal for all required permits and permit
renewals. Such application shall be filed with the Fire Marshal at
least 30 calendar days prior to the commencement of any such newly
established occupancy or activity.
Exception 1: Those occupancies and activities existing at the
time of passage of this article shall receive an initial application
from the Fire Marshal as in § 17-13C(1), above.
(a)
Apartments shall be as defined in the CSFPC and, for the purposes of this article, as further defined at § 74-14M(1), below.
(b)
An apartment building or complex of buildings shall be issued
a single permit to include all apartment-style living units within
that building or complex of buildings.
Exception 1: Condominiums shall be processed as in § 74-
13C(2)(c), below.
(c)
The party to whom the initial certificate of occupancy for a
newly constructed condominium unit shall be the party responsible
for applying to the Ellington Fire Marshal's Office for the required
permit. Thereafter, each permit renewal shall be applied for by the
association, management company or then-owner of such condominium
unit.
(d)
The permit fee shall be based upon the total number of individual
living units requiring inspection, without regard to the requisite
frequency of those inspections.
(3)
The application period for renewal of an existing permit shall be
the period of thirty (30) calendar days directly preceding expiration
of the existing permit; applications for renewals filed after expiration
shall qualify for a late-fee penalty.
(4)
Application submittals shall be accompanied by the permit fee and
any late-fee penalties due.
(5)
The existence of a certificate of occupancy as issued by the Ellington
Building Department or a current Fire Marshal inspection record of
substantial compliance with the CFSC and the CSFPC, or a written plan
for compliance in those instances where violations have been cited,
may constitute a reasonable basis without additional inspection, for
issuance of the initial permit for an existing occupancy, at the discretion
of the Fire Marshal; however, possession of a permit shall not constitute
prima facie evidence of code compliance.
(6)
Substantial compliance, as determined by the Fire Marshal, with the CSFPC and this article, or the owner or operator being a party to a written plan for compliance in those instances where violations have been cited, such plan having been approved by the Fire Marshal, shall be mandatory in the renewal of permits required by § 74-14 of this article; however, possession of a permit shall not constitute prima facie evidence of code compliance.
A.
The operation or existence of any occupancy or activity described in § 74-14 without a valid permit as issued by the Ellington Fire Marshal's Office shall constitute a violation of the CSFPC and this article.
B.
Compressed gases, special.
The installation, operation, storage, use and/or handling, repair,
abandonment, removal, temporary placement out of service, closing
or substantial modification of compressed gas systems or equipment
for quantities enumerated in Table 74-14B, below, in portable and/or
stationary containers, cylinders, equipment and tanks in all occupancies
shall require a Class III permit.
Table 74-14B: [Table 1.12.8(b) of CSFPC]
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Corrosives and flammables in excess of 200 cu. ft.
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•
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Highly toxic in any amount
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•
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Inert and simple asphyxiant in excess of 6,000 cu. ft.
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•
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Oxidizing (including oxygen) in excess of 504 cu. ft., and
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•
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Pyrophoric, toxic and/or unstable in any amount
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Exception 1: Flammable compressed gas shall not include liquid petroleum gas; see § 74-14N, Liquid petroleum gases.
(1)
In those instances where a permit for one activity is required and
one or more additional activities associated therewith as enumerated
in this section are proposed or conducted, an appropriate additional
permit or permits shall also be required.
Exception 1: The Fire Marshal is authorized discretion in requiring
the additional permit(s).
C.
Consumer fireworks 1.4(G). The display, storage, on-site handling,
use and/or sale of consumer fireworks 1.4(G) shall require a Class
III permit.
D.
Cutting, welding and other hot-work operations. Cutting, welding
and allied processes, heat treating, large-scale grinding operations,
large-scale pipe-thawing operations, hot riveting, torch-applied roofing
and similar applications producing or using a spark, flame or heat,
all to be known as "hot-work operations," shall require a Class I
permit.
(1)
Such permit shall be for a specific period of time (not to exceed
one year) and for a specific section or area within the subject building
or facility or, if the operation is exterior to any building or facility,
then that specific area shall be identified.
(2)
Management or a designated agent shall be responsible for the safe
operations of all hot-work activity. Such Town permit shall authorize
and/or require management to designate an on-site permit-authorizing
individual (PAI) at the discretion of and suitable to the Fire Marshal,
and that PAI shall then assume responsibility for all site-specific
hot-work activities in accordance with the applicable edition of NFPA
51B Standard for Fire Prevention During Welding, Cutting and Other
Hot Work.
(3)
The Fire Marshal is authorized discretion in requiring the permit(s),
based upon the scope of the project and the equipment being employed.
E.
Day care, including Institutional I-4 and education use groups. New
and existing day-care occupancies, including those occupancies classified
as Institutional Group I-4 and Educational, shall require either a
Class II or Class III permit as provided below.
F.
Explosives. The storage, use and handling of explosives and the regulation
of all blasting operations shall comply with the requirements of the
Conn. Gen. Stat. §§ 29-343 through 29-370 and shall
require a State of Connecticut permit as issued by the Ellington Fire
Marshal.
(1)
The construction or placement of explosives magazines shall further
require a Class III permit from the Fire Marshal.
G.
Fire-protection systems. This section shall be applicable to the
installation, rehabilitation or modification of any fire-protection
system which shall include any standpipe system, automatic-suppression
system, fire pump, system reservoir, fire-alarm system and/or fire-detection
system.
(1)
A fire-protection system protecting a building or occupancy of 5,000
square feet or less shall require a Class I permit.
(2)
A fire-protection system protecting a building or occupancy of more
than 5,000 square feet but less than 15,000 square feet shall require
a Class II permit.
(3)
A fire protection system protecting a building or occupancy of 15,000
square feet or more shall require a Class III permit.
H.
Flame effects and/or pyrotechnics. The use of flame effects and/or
pyrotechnics special effects before a proximate audience, performers
or support personnel shall require a Class III permit.
I.
Flammable and combustible liquids. Certain aspects of the installation, storage and use of flammable and combustible liquids, including the storage, transmission by pipeline, operation, repair, modification and/or maintenance of such liquids, shall require a permit, as provided below, except that bulk storage as defined at § 74-14I(4) shall not be permitted.
(1)
The storage, handling or use of Class I liquids in excess of five
gallons aggregate inside a building shall require a Class II permit.
Exception 1: The storage or use of Class I liquids in the fuel
tank of a motor vehicle, aircraft, motor boat, mobile power plant,
or mobile heating plant unless such storage in the opinion of the
Fire Marshal would cause an unsafe condition.
Exception 2: The storage of paints, oils, varnishes, or similar
flammable mixtures when such liquids do not exceed fifty (50) gallons
aggregate for maintenance, painting, or similar purposes including
sale or resale.
Exception 3: The storage of Class I liquids sealed in the manufacturers'
or distributors' consumer packaging and intended only for resale to
the end user.
(2)
The storage, handling or use of Class II or Class IIIA liquids in
excess of 65 gallons aggregate inside a building shall require a Class
II permit.
Exception 1: Fuel oil not to exceed 350 gallons aggregate used
in conjunction with oil-burning equipment.
Exception 2: The storage of Class II and Class IIIA liquids
sealed in the manufacturers' or distributors' consumer packaging intended
only for resale to the end user.
(3)
The storage, handling or use of Class I, Class II or Class IIIA liquids
in excess of 350 gallons aggregate outside a building shall require
a Class III permit.
Exception 1: Fuel oil not to exceed 3,000 gallons aggregate
used in conjunction with oil-burning equipment.
Exception 2: Bulk storage as defined at § 74-14I(4), below, is prohibited.
(4)
Bulk storage of Class I, Class II or Class IIIA liquids, defined
for the purposes of this section as storage above ground, below ground
or mounded, of more than three thousand five hundred (3,500) gallons
aggregate and intended for redistribution, is hereby prohibited within
the Town of Ellington.
(5)
The construction, installation, repair or modification of a pipeline
for the transmission of flammable or combustible liquids, liquid petroleum
gas (propane and butane), natural or manufactured gas shall require
a Class III permit.
(6)
The installation, alteration, repair, lining with a protective coating,
removal, abandonment, placement temporarily out of service, or otherwise
disposing of a flammable or combustible liquid tank of greater than
350 gallons' capacity shall require a Class II permit.
J.
Fuel servicing, aircraft. Construction, installation, significant
modification, alteration, repair, removal, abandonment, placing temporarily
out of service, or closure of any aircraft fuel servicing in accordance
with NFPA 407: Standard for Aircraft Fuel Servicing of every type
of aircraft using liquid petroleum fuel, shall require a Class III
permit.
Exception 1: In-flight fueling, fuel servicing of flying boats
or amphibious aircraft on water and the draining or filling of aircraft
fuel tanks incidental to aircraft fuel system maintenance operations
or manufacturing shall not require such a permit.
K.
Fuel servicing, automotive. Construction, installation, significant
modification, alteration, repair, removal, abandonment, placement
temporarily out of service or closure of an automotive fuel service
station, a fuel service station located inside a building or a fleet
vehicle fuel service station or facility shall comply with the Connecticut
State Fire Safety Code (CSFSC), the CSFPC, the Connecticut State Building
Code (CSBC), NFPA 30A: Code for Motor Fuel Dispensing Facilities and
Repair Garages, and the refueling chapter of the CSFPC and shall require
a Class III permit.
L.
Health-care facilities. New and existing health-care occupancies
providing medical or other treatment or care simultaneously to four
or more patients on an inpatient basis, where such patients are mostly
incapable of self-preservation due to age, physical or mental disability,
or because of security measures not under the occupant's control shall
require a permit, as provided below.
M.
Residential occupancies.
(1)
Apartment complexes and apartment buildings. This section shall be
applicable to any apartment building or complex of apartment buildings
which meets the definition for "apartments" as provided in the CSFPC
but which also contains 10 or more dwelling units.
(a)
Apartment complexes and apartment buildings shall require one
or more Class IV permits as identified below.
(b)
An apartment building as defined shall be considered such without
regard to how it is otherwise marketed, advertised or known, such
as a condominium, townhouse, etc.
(c)
Notwithstanding the CSFPC definition of an apartment building,
this article serves to require a permit only for those apartment buildings
or complexes with ten (10) or more such dwelling units;
(d)
Only a single permit shall be required, issued either for the entire complex (two or more buildings) or, if not a complex, for the single building, unless the apartment building contains condominium units which shall then require a permit, or additional permits, to be issued as provided in § 74-13C(2)(c) of this article.
(2)
Bed-and-breakfast establishments (Group R-1). A building that the
owner occupies or is adjacent to a building that the owner occupies
as his or her primary place of residence, has a total occupant load
of not more than 16 persons, including the owner-occupants, and has
no provisions for cooking or warming of food in the guest rooms shall
require a Class II permit.
(3)
Hotels (including Residential Group R-1). Any building or group of
buildings under the same management in which there are sleeping accommodations
for more than sixteen (16) persons and primarily used by transients
for lodging with or without meals shall require a Class III permit.
(4)
Lodging and rooming houses. A building or portion thereof that does not qualify as a one- or two-family dwelling, that provides sleeping accommodations for a total of 16 or fewer people on a transient or permanent basis, with or without meals, but without separate cooking facilities for individual occupants except as provided in Chapter 24 of the CSFPC shall be considered a lodging or rooming house and shall require a Class III permit.
Exception 1: This section shall not be enforced until such time
as the State Fire Marshal includes lodging or rooming houses in the
1.12.8(a) Table of Permit Requirements, as expected in the next code
revision.
(5)
Residential board and care occupancies. Occupancies used for lodging
and boarding of four or more residents, not related by blood or marriage
to the owners or operators, for the purpose of providing personal-care
services, including group housing for physically or mentally handicapped,
group housing for the elderly and/or others that provides personal-care
services but not nursing services, facilities for social rehabilitation,
and assisted-living facilities shall require a permit as provided
below.
(a)
Occupancies with accommodations for not more than 10 persons
shall require a Class I permit.
(b)
Occupancies with accommodations for more than 10 persons but
not more than 50 persons shall require a Class II permit.
(c)
Occupancies with accommodations for more than 50 persons shall
require a Class III permit.
N.
Liquefied petroleum gases storage and/or dispensing facilities. This
section shall be applicable to the installation, substantial repairing
or modification, including the abandonment, temporary placement out
of service, temporary closure, permanent closure or removal of liquefied
petroleum gas-dispensing facilities, storage facilities and retail
sales facilities as further defined, and shall require either a Class
I or Class III permit as further specified.
(1)
Installation, substantial repairing or modification, including the
abandonment, temporary placement out of service, temporary closure,
permanent closure or removal of liquefied petroleum gas dispensing
facilities, storage facilities, and retail sales facilities, shall
require a Class III permit.
(2)
Installation, repair, modification, temporary closure, temporary
placement out of service, abandonment, permanent closure or removal
of portable container service on an exchange basis shall require a
Class I permit.
(3)
In those instances where a permit for one activity is required and
one or more additional activities associated therewith as enumerated
above are proposed or conducted, an appropriate additional permit
or permits may also be required, at the discretion of the Fire Marshal.
(4)
Bulk storage of liquefied petroleum gas, defined for the purposes
of this section as storage above or below ground or mounded, of more
than 2,500 gallons (WC) aggregate and intended for redistribution,
said aggregate to include storage in tanks, DOT cylinders, vehicles,
etc., is hereby prohibited within the Town of Ellington.
Exception 1: Existing approved bulk storage of liquid petroleum gas is exempt from this § 74-14N(4).
O.
Oxidizers. The storage, use and/or handling of oxidizer solids and
liquids in quantities as regulated by the hazardous materials chapter
of the CSFPC require a Class II permit.
P.
Special outdoor events, carnivals and fairs. CGS § 29-291a-3a
(7) authorizes and requires through the CSFPC the regulation and control
of special events, including assemblages of people, exhibits, trade
shows, amusement parks, haunted houses, outdoor events and other similar
special temporary and permanent occupancies and events.
(1)
All outdoor events open to the public, such as, but not limited to,
carnivals, fairs, auctions, open-air markets, musical presentations,
trade shows, exhibitions, expositions, vehicular performances (not
static displays) and similar events shall require a permit, as provided
below:.
(a)
An expected occupant load of 250 or more, but fewer than 1,000
persons shall require a Class II permit;
(b)
An expected occupant load of 1,000 persons or more shall require
a Class III permit.
(c)
Outdoor events with an expected occupant load of more than 50
persons, but fewer than 250 persons may require a Class I permit,
at the discretion of the Fire Marshal.
Exception 1: Nonintrusive gatherings within the Town public
park system which are considered normal and routine for any public
park, as determined by the Fire Marshal, are exempt from the requirement
of a permit.
(2)
Permit applications accompanied by the appropriate fee must be filed
with the Department of Town Fire Marshal not later than 30 days prior
to the scheduled opening of the proposed event.
(a)
No application shall be considered as filed or otherwise accepted
until it is determined by the Fire Marshal to be complete in every
aspect.
(3)
In evaluating the permit application the Department of Town Fire
Marshal shall examine access for emergency vehicles; provision of
and access to fire-protection equipment; placement, construction and/or
erection of tents, stands, concession booths and exhibits; the control
of hazardous conditions dangerous to life and property, including,
but not limited to, occupant and vehicular ingress and egress, bandstands,
bleachers, tents, awnings, canopies, cooking equipment, open flames
of all types, reviewing stands, electrical systems and generators,
flammable and combustible liquids, trash and rubbish handling, smoking
materials, liquid petroleum gases and occupancy loading.
Exception 1: The Fire Marshal shall have discretionary authority
to waive or modify the permit requirements of this section based upon
the type and duration of the event, expected attendance, degree of
hazard, degree of community disruption, impact upon quality of life
factors, potential burden upon emergency services and any other factors
affecting public safety as enumerated in the application.
Q.
Tar kettles. The use of any type of equipment, including but not
limited to chassis-mounted equipment used for preheating or heating
tar, asphalt, pitch or similar substances for roofs, floors, foundations,
pipes or similar objects and the installation of torch-applied roofing
systems shall require a Class I permit.
A.
Denial of a permit application.
(1)
All information requested during the initial application and renewal
application processes must be furnished, and failure to do so shall
constitute grounds for rejection or denial of the application.
(2)
Any permit application may be denied for cause as determined by the
Fire Marshal.
(3)
All fees paid in connection with an application are nonrefundable,
regardless of whether the permit is approved or denied.
B.
Issuance of a permit. No permit shall be issued without all outstanding
fees having been paid in full.
C.
Suspension of a permit.
(1)
Any permit issued by authority of this article may be suspended for
an indeterminate period of time by the Fire Marshal for cause.
(2)
Written notice of suspension shall be made via certified mail upon
the permittee or his/her employee/agent at the business address of
record.
(3)
Such causes may include but not be limited to filing erroneous or
untruthful information with an application; failure to pay fees and
penalties; demonstration of an unwillingness to work towards maintenance
of a violation-free occupancy or activity; violations of the CFSC
or the CSFPC; unsafe procedures employed in processes and activities.
D.
Revocation of a permit.
(1)
Any permit issued by authority of this article may be revoked for
cause by the Fire Marshal.
(2)
Written notice of revocation shall be made via certified mail upon
the permittee or his/her employee/agent at the business address of
record.
(4)
Revoked permits shall not be considered for the return of any portion
of any fee or penalty.
A.
Violation of this article shall also constitute a violation of the
CSFPC, and violators shall be subject to the various penalties prescribed
by statute.
B.
In addition to any other remedies that may be provided for by law,
the Fire Marshal is authorized to issue citations for violations of
the provisions of this article. The fine for each violation will be
as set forth in the policy adopted by the Board of Selectmen, as amended
from time to time. Each separate day that a violation exists after
the issuance of a citation shall be subject to a separate additional
fine without the issuance of a separate citation.
C.
In lieu of issuing a citation as provided in § 74-16B above, the Fire Marshal may serve written notice of the violation(s) of this article to the owner or operator of the regulated occupancy. Such notice shall be made in accordance with § 46-2 and shall state the violation(s), demand their correction within 10 calendar days, and state that if the owner and/or operator fails to correct the violation before the deadline, the Fire Marshal may issue a citation to the owner and/or operator per § 74-16B of this article.
A.
Any appeal of a statutory penalty (including, without limitation,
fines and infraction citations) shall be handled in the manner provided
by statute.
B.
The decision made by the Ellington Fire Marshal's Office to deny
any permit application or to suspend or revoke any permit may be appealed
within 15 calendar days to the Ellington Board of Selectmen on a notice
of appeal form as provided by the Fire Marshal's office.
(1)
The First Selectman shall provide to the Fire Marshal, immediately
upon receipt, a copy of the properly executed notice of appeal and
shall schedule a hearing to be held not later than 45 calendar days
following receipt of such notice; the Fire Marshal and the appellant
shall be provided at least 15 calendar days' advance notice as to
the date, time and place of the hearing, and both the Fire Marshal
and the appellant may submit testimony. The hearing shall be concluded
not later than 30 calendar days from the date it commenced.
(2)
The Board of Selectmen shall issue a formal written opinion to both
the appellant and the Fire Marshal declaring its finding(s) within
15 calendar days of the conclusion of that hearing. The decision of
the Board of Selectmen shall be considered final and not subject to
further appeal.