[Adopted 12-11-1974 by L.L. No. 2-1974]
It is the intent of this article to prescribe
regulations consistent with nationally recognized good practice for
the safeguarding to a reasonable degree of life and property from
the hazards of fire and explosions arising from the storage, handling
and use of hazardous substances, materials and the use or occupancy
of buildings or premises. Compliance with standards of the National
Board of Fire Underwriters, National Fire Protection Association Safety
Code and Occupational Safety and Health Act of 1970 or other approved
nationally recognized safety standards shall be deemed to be prima
facie evidence of compliance with this intent.
A.
The provisions of this article shall apply equally
to new and existing conditions not in strict compliance with the terms
of this article and shall be permitted to continue where the exceptions
do not constitute a distinct hazard to life or property in the opinion
of the Chief Fire Inspectors or the Assistant Inspectors duly appointed
by the governing board of the municipality. Wherever in this Code
the words "Chief Fire Inspector" or the "Assistant Inspectors" appear,
this will be understood to mean "Fire Inspector" or "Assistant Inspectors,"
if any.
[Amended 6-9-1976 by L.L. No. 2-1976]
B.
Nothing in this article shall be construed as applying
to the transportation of any article or thing shipped under the jurisdiction
of and in compliance with the regulations prescribed by the United
States Department of Transportation, nor as applying to the military
forces of the United States.
A.
The Chief Fire Inspector shall be duly appointed by
the governing board of the municipality. Each Fire Department in the
municipality shall appoint an Assistant Fire Inspector for that district,
to be approved by the governing board of the municipality, to assist
the Chief Fire Inspector in the performance of duty. The Assistant
Fire Inspector will be under the direction and supervision of the
Chief Fire Inspector. The Chief Fire Inspector and the Assistant Fire
Inspectors serve at the pleasure of the Town Board.
B.
The Council for Fire Prevention shall be made up of
two members from each Fire Department in the municipality and shall
be approved by the governing board of the municipality. The Town Building
Inspector or an inspector of the municipality's Building Department
shall be members of the Council for Fire Prevention. Fire Inspectors
shall not be members of the Council for Fire Prevention.
C.
The Council for Fire Prevention shall review any changes
or alterations to this code and review violations that have been appealed.
The Chief Fire Inspector or the Assistant Inspectors
duly appointed by the governing board of the municipality may, at
all reasonable hours, enter any building or premises consistent with
law, for the purpose of making any inspection or investigation which,
under the provisions of this article, he or they may deem necessary
to be made, for the purpose of ascertaining and causing to be corrected
any condition liable to cause fire, endanger life from fire or any
violations of the provisions or intent of this article or any other
ordinance affecting the fire hazard.
A.
Whenever any of the inspectors mentioned in § 59-21 shall find in any building or upon any premises dangerous or hazardous conditions or materials, he or they shall order such dangerous conditions or materials to be removed or remedied in such manner as may be specified by the inspectors duly appointed by the governing board of the municipality. "Dangerous or hazardous conditions or materials" shall include:
(1)
Dangerous or unlawful amounts of combustible or explosive
or otherwise hazardous materials.
(2)
Hazardous conditions arising from defective or improperly
installed equipment for handling or using combustible or explosive
or otherwise hazardous materials.
(3)
Dangerous accumulations of rubbish, wastepaper, boxes,
shavings or other highly flammable materials.
(4)
Accumulations of dust or waste material in air-conditioning
or ventilating systems or of grease in kitchen or other exhaust ducts.
(5)
Constructions to or on fire escapes, stairs, passageways,
doors or windows liable to interfere with the operations of the Fire
Department or egress of occupants in case of fire.
(6)
Any building or other structure which, for want of
repairs, lack of sufficient fire escapes or other exit facilities,
automatic or other fire alarm apparatus or fire extinguishing equipment
or by reason of age or dilapidated condition or from any other cause,
creates a hazardous condition.
B.
The service of orders for the correction of violations
of this article shall be made upon the owner, occupant or other person
responsible for the conditions, either by delivering a copy of the
same to such person or by delivering the same to and leaving it with
any person in charge of the premises or, in case no such person is
found upon the premises, by affixing a copy thereof in a conspicuous
place on the door to the entrance of the premises. Whenever it may
be necessary to serve such an order upon the owner of premises, such
order may be served either by delivering to and leaving with said
person a copy of said order or, if such owner is absent from the jurisdiction
of the officer making the order, by sending such copy by certified
mail to the owner's last known post office address.
A permit shall constitute permission to maintain,
store or handle materials or to conduct processes which produce conditions
hazardous to life or property or to install equipment used in connection
with such activities. Such permit does not take the place of any license
required by law. It shall not be transferable, and any change in use
or occupancy of premises shall require a new permit. The municipal
authority shall have the right to fix fees for the issuance of permits
provided under this section.
Unless otherwise expressly stated, the following
terms shall, for the purpose of this article, have the meanings indicated
in this section.
Accepted by the Chief Fire Inspector or the Assistant Inspectors
duly appointed by the governing board of the municipality, as a result
of his investigation and experience or by reason of test, listing
or approval by the National Bureau of Standards, the American Gas
Association Laboratories or other nationally recognized testing agencies.
A system which automatically detects a fire condition and
actuates a fire alarm signal device and shall be duly registered with
the fire department providing fire protection.
The time in hours that the material or construction will
withstand the standard fire exposure as determined by a fire test
made in conformity with the Standard Methods of Fire Tests of Building
Construction and Materials of the American Society for Testing Materials
ASTM E119.
Any container approved by the United States Department of
Transportation for shipping any liquid, gaseous or solid material
of a flammable, toxic or other hazardous nature.
The Town of Carmel.
Includes his duly authorized agent or attorney, a purchaser,
devisee, fiduciary and a person having a vested or contingent interest
in the property in question.
Includes corporation and copartnership, as well as individual.
This article shall not be construed to hold
the municipality responsible for any damage to persons or property
by reason of the inspection or reinspection authorized herein or failure
to inspect or reinspect for the permit issued as herein provided or
by any reason of the approval or disapproval of any equipment authorized
herein.
It shall be the duty of the Chief Fire Inspector
or the Assistant Fire Inspectors to enforce the provisions of this
article, along with any other provisions of any local law or ordinance
or statute dealing with fire prevention and firesafety.
Automobile wrecking yards, junkyards and waste
material handling plants shall conform to all other applicable requirements
of this article, as well as the following provisions.
A.
Permit required. A permit shall be obtained to conduct
or maintain any automobile wrecking yard, junkyard or waste material
handling plant.
B.
Location. No automobile wrecking yard, junkyard or
waste material handling plant shall be located as to seriously expose
adjoining or adjacent properties.
C.
Burning operations. Any burning in the Town of Carmel
shall comply with county, federal and state regulations and shall
be under the approval of the Chief Fire Inspector or Assistant Fire
Inspectors of the Town of Carmel.
D.
Construction and protection requirements.
(1)
Handling and storage of large quantities of wastepaper,
rags or other combustible materials shall not be in a building of
wood frame or ordinary construction unless the building is sprinklered.
Vertical openings shall be enclosed in an approved manner.
(2)
Picking rooms shall be separated from storage rooms
by construction having a fire-resistance rating of not less than one
hour, with each door opening provided with an approved fire door.
Picking rooms shall be provided with exhaust systems of sufficient
capacity to adequately remove dust and lint.
Bowling establishments shall conform to all
other applicable requirements of this article, as well as the following
provisions:
A.
Permit required. A permit shall be required for bowling
pin refinishing and bowling lane resurfacing operations involving
the use of application of flammable liquids or materials.
B.
Lane resurfacing operations. Resurfacing operations
shall not be carried on while the establishment is open for business.
The Chief Fire Inspector or the Assistant Inspectors duly appointed
by the governing board of the municipality shall be notified when
bowling lanes are to be resurfaced. Proper ventilation shall be provided.
Heating, ventilating or cooling systems employing recirculating of
air shall not be operated during resurfacing operations or within
one hour following the application of flammable finishes. All electric
motors or other equipment in the area which might be a source of ignition
shall be shut down, and all smoking and use of open flames shall be
prohibited during the application of flammable finishes and for one
hour thereafter.
C.
Pin refinishing.
(1)
Pin refinishing involving the application of flammable finishes shall be done only in a special room meeting the requirements of § 59-32E(2). Such room shall not be located below grade nor shall it have communication with any pits, wells, pockets or basements.
(2)
All power tools in the room shall be effectively grounded.
A substantial metal box or other receptacle approved by the Fire Inspector
or the Assistant Inspectors duly appointed by the governing board
of the municipality shall be provided for lathes and sanding or buffing
machines for catching dust thrown off during operations. The contents
shall be removed daily and disposed of safely.
(3)
Storage of flammable liquids in such rooms shall not
exceed a combined aggregate of 60 gallons in original metal containers
or in approved safety containers not exceeding five gallons' individual
capacity. A metal waste can with a self-closing cover shall be provided
for all waste materials and rags; contents shall be removed daily.
Smoking shall be prohibited at all times in refinishing rooms.
A.
DRY CLEANING
RATED (as applied to solvents)
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The process of removing dirt, grease, paints and other stains
from wearing apparel, textiles, fabrics, rugs, etc., by the use of
nonaqueous liquid solvents, flammable or nonflammable, and includes
the process of dyeing clothes or other fabrics or textiles in a solution
of dye colors and nonaqueous liquid solvents.
Classified as to fire hazard in accordance with Underwriters'
Laboratories, Inc.'s standard of classification.
B.
Permit required.
(1)
No person shall engage in the business of dry cleaning
without a permit which shall prescribe the class of system to be used.
(2)
No change shall be made in the solvent used in the
equipment to a solvent in a more hazardous class unless permission
for such change shall first have been obtained from the Chief Fire
Inspector or the Assistant Inspectors duly appointed by the governing
board of the municipality.
C.
Classification of systems. Dry-cleaning establishments
shall be classified as follows:
(1)
Class I Systems shall be those utilizing solvents
rated above 40, including naphtha of 50° F. flash point.
(2)
Class II Systems shall be those utilizing solvents
rated 40 or below, but which do not comply with Class III or Class
IV requirements, including stoddard solvent.
(3)
Class III Systems shall be those employing equipment
listed by Underwriters' Laboratories, Inc., utilizing solvents having
specified characteristics and rated at 25 or below, including solvent
of 40° F. flash point.
(4)
Class IV Systems shall be those utilizing solvents
rated as nonflammable or as nonflammable at ambient temperatures and
only moderately flammable at higher temperatures, rated not over five,
including Perchloroethylene.
D.
Class I Systems.
(1)
New dry-cleaning establishments or systems utilizing
solvents rated above 40 shall be prohibited.
(2)
Existing dry-cleaning establishments or systems utilizing
solvents rated above 40 may be continued in use, provided that the
quantity of cleaning solvent rated above 40 that is stored and handled
is not increased.
E.
Class II Systems.
(1)
Class II Systems shall be located in buildings having
walls of masonry or noncombustible construction, and wall finish shall
be plain or plastered without furring or concealed spaces. Floors
of dry-cleaning sections shall be of fire-resistive construction and
without pits, wells or pockets; and where located over a basement,
the floor shall be vapor and liquid tight. Roof and floors above grade
floor, if of combustible construction, shall have the ceilings over
the dry-cleaning areas protected by cement or gypsum plaster on metal
lath or equivalent construction having a fire-resistance rating of
not less than one hour. Dry-cleaning buildings shall not be closer
than 10 feet to the line of adjoining property, except that if exposing
walls are equivalent to twelve-inch brick construction without openings,
the building may be located on the property line.
(2)
Dry-cleaning operation shall be restricted to the
lowest floor of a building but shall not be located on any floor below
grade nor in the same building with other occupancies. Operations
incidental to the dry-cleaning business, such as laundering, pressing
and ironing, may be in a communicating building or located on the
same floor with the dry-cleaning establishment, provided that the
dry-cleaning operations are separated therefrom by partitions having
a fire-resistance rating of not less than two hours and the communicating
openings are protected by fire doors approved for such openings.
(3)
Door openings on stairs or elevators leading from
a dry-cleaning area to a basement or opening into rooms having openings
or stairs to basements shall be provided with noncombustible sills
or ramps raised at least six inches. Approved self-closing fire doors
shall be provided at such openings. Enclosures shall be of construction
equivalent to the floor construction but having a fire-resistance
rating of not less than one hour.
(4)
Rooms in which articles are hung up to dry shall be
constructed with walls, partitions and ceilings having fire-resistance
ratings of not less than two hours. Entrance to drying rooms shall
be provided with approved self-closing fire doors. If the drying room
is in a separate building, it shall conform in all respects to provisions
for a dry-cleaning establishment.
(5)
A mechanical system of ventilation shall be installed
in dry-cleaning areas and drying rooms. Such systems shall have sufficient
capacity to ensure complete and continuous change of air once every
six minutes and shall be provided with means for remote control. The
system shall operate automatically when any dry-cleaning equipment
is in use.
F.
Class III Systems. Class III Systems, if located in
the same building with other occupancies, shall be separated from
the remainder of the building, vertically and horizontally by construction
having a fire-resistance rating of not less than one hour with openings
protected by approved fire doors, except that such separation shall
not be required for operations incidental to or in connection with
the dry-cleaning establishment, such as laundering, scouring, scrubbing,
drying, pressing or ironing, and the requirement for such separation
may be waived at the discretion of the Chief Fire Inspector or the
Assistant Inspectors duly appointed by the governing board of the
municipality, based upon a consideration of such factors as the type
of building construction, the nature of occupancy, storage and operating
capacity of the system and the extent of private fire protection provided.
G.
Class IV Systems. Class IV Systems shall be subject to the requirement for permits in Subsection B but shall be exempt from all other provisions of this section.
H.
Heating equipment.
(1)
Where Class II Systems are used, heating shall be
by steam or hot water only. Where Class III Systems are used, heating
shall be by any approved means which does not involve any open flame
or ignition sources in the dry-cleaning area. Steam and hot-water
pipes and radiators for heating and drying purposes shall be at least
one inch from all woodwork and shall be protected by substantial metal
screens arranged so as to prevent combustible goods or materials from
coming in contact with pipes and radiators.
(2)
Boilers shall be located in a detached building or
in a boiler room cut off from the dry-cleaning room. For Class II
Systems, this cut off shall be by a fire wall without openings. Openings
into such boiler rooms shall be at least 10 feet from any exterior
openings into the cleaning room. For Class III Systems, this cut off
shall be by a partition of noncombustible material without openings,
having a fire-resistance rating of not less than two hours.
A.
Chief or the inspectors to survey premises and specify
equipment to be provided. The Chief Fire Inspector or the Assistant
Inspectors, as directed by him, duly appointed by the governing board
of the municipality, shall survey each commercial and industrial establishment,
mercantile, educational and institutional occupancy, place of assembly,
hotel, multifamily house and trailer camp and shall specify suitable
fire-detecting devices or extinguishing appliances, which shall be
provided in or near boiler rooms, kitchens of restaurants, clubs and
like establishments, storage rooms involving considerable combustible
material, rooms in which hazardous manufacturing processes are involved,
repair garages and other places of a generally hazardous nature. Such
devices or appliances may consist of automatic fire alarm systems,
automatic sprinkler or water spray systems, standpipe and hose, fixed
or portable fire extinguishers of a type suitable for the probable
class of fire or suitable asbestos blankets, manual or automatic covers
or carbon dioxide or other special fire extinguishing systems. In
special hazardous processes or storage, appliances of more than one
type or special systems may be required.
B.
Maintenance of equipment. Sprinkler systems, standpipe
systems, fire alarm systems and other fire protective or extinguishing
systems or appliances which have been installed in compliance with
any permit or order or because of any law or ordinance shall be maintained
in operative condition at all times, and it shall be unlawful for
any owner or occupant to reduce the effectiveness of the protection
so required; except this shall not prohibit the owner or occupant
from temporarily reducing or discontinuing the protection where necessary
to make tests, repairs, alterations or additions. The Chief Fire Inspector
or the Assistant Inspectors duly appointed by the governing board
of the municipality shall be notified before such tests, repairs,
alterations or additions are started unless the work is to be continuous
until completion.
C.
Fire appliances. All fire protection equipment required
under this section shall be kept in working condition. Extinguishers
and hose and similar appliances shall be visible and convenient at
all times. It shall be the duty of the owner and the tenant of each
building or part of a building occupied as a place of assembly to
properly train sufficient regular employees in the use of fire appliances
so that such appliances can be quickly put into operation.
A.
Scope. This section shall apply to liquids with a flash point below 200° F.; and to liquids with flash points above 200° F. which, when heated, assume the characteristics of liquids with flash points below 200° F.; except as provided in the definition of "flammable liquids" in Subsection B below.
B.
CLOSED CONTAINER
FLAMMABLE LIQUID
FLASH POINT
(1)
(2)
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A container so sealed by means of a lid or other device that
neither liquid nor vapor will escape from it at ordinary temperatures.
The minimum temperature, in degrees Fahrenheit,
at which a flammable liquid will give off flammable vapor as determined
by appropriate test procedures and apparatus as specified below.
The flash point of flammable liquids having
a flash point below 175° F. shall be determined in accordance
with the Tag Closed Cup Method of the American Society of Testing
Materials ASTM D56-56. The flash point of flammable liquids having
a flash point of 175° F. or higher shall be determined in accordance
with the Pensky-Martens Closed Cup Method of the American Society
of Testing Materials ASTM D93-58T.
C.
Permits required. A permit shall be obtained for any
of the following:
(1)
Storage, handling or use of Class I or Class II flammable
liquids in excess of one gallon in a dwelling or other place of human
habitation; or in excess of six gallons in any other building or other
occupancy; or in excess of 10 gallons outside of any building, except
that no permit shall be required for the following:
(a)
For the storage or use of flammable liquids
in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power
plant or mobile heating plant.
(b)
For the storage or use of paints, oils, varnishes
or similar flammable mixtures when such liquids are stored for maintenance,
painting or similar purposes for a period of not more than 30 days.
(2)
Storage, handling or use of Class III flammable liquids
in excess of 25 gallons in a building; or in excess of 60 gallons
outside a building, except for fuel oil used in connection with oil
burning equipment.
(3)
For the manufacture, processing, blending or refining
of flammable liquids.
(4)
For the storage of flammable liquids in stationary
tanks.
D.
Storage in outside aboveground tanks.
(1)
The storage of Class I and Class II flammable liquids
in aboveground tanks outside of buildings is prohibited within the
limits established by law as the limits of the districts in which
such storage is to be prohibited.
(2)
The minimum distance of any part of an aboveground
tank for the storage of flammable liquids other than crude petroleum
to the nearest line of the adjoining property which may be built upon
shall be not less than the distance indicated in Table 73.
|
Table 73
| |||
|---|---|---|---|
|
Capacity of Tank
(gallons)
|
Class of Flammable Liquid
|
Minimum Distance
(feet)
| |
|
0 to 275
|
III
|
0
| |
|
276 to 750
|
III
|
5
| |
|
0 to 750
|
I and II
|
10
| |
|
751 to 12,000
|
III
|
10
| |
|
751 to 12,000
|
I and II
|
15
| |
|
12,000 to 24,000
|
I, II and III
|
15
| |
|
24,000 to 30,000
|
I, II and III
|
20
| |
|
30,000 to 50,000
|
I, II and III
|
25
| |
|
All gastight tanks, including conservation-type
tanks with capacities in excess 50,000 gallons, shall be located in
accordance with the following provision:
|
|
Tank Protection
|
Distance from Line of Adjoining Property
Which May be Built Upon Shall be not Less Than
| |
|---|---|---|
|
An approved attached
extinguishing system
|
The greatest dimension of diameter or height
of tank, except that such distance need not exceed 120 feet
| |
|
An approved floating roof
|
The greatest dimension of diameter or height
of tank, except that such distance need not exceed 120 feet
| |
|
Not equipped with either
|
1 1/2 times the greatest dimension, diameter
or height of tank, except that such distance need not exceed 175 feet
|
(3)
The location of a tank for the storage of any flammable
liquid with respect to any such other tank shall be such that the
distance between them shall not be less than three feet. For tanks
above 50,000 gallons individual capacity storing any flammable liquid,
the distance shall not be less than 1/2 the diameter of the smaller
tank.
(4)
All individual tanks of 150,000 gallons or more shall
be diked. All other smaller tanks or groups of tanks shall be left
to the inspectors' discretion.
(5)
Individual tanks or groups of tanks where deemed necessary
by the Chief Fire Inspector or the Assistant Inspectors duly appointed
by the governing board of the municipality, on account of proximity
to waterways, character of topography or nearness to structures of
high value or to places of habitation or assembly, shall be diked
or the yard shall be provided with a curb or other suitable means
taken to prevent the spread of liquid onto other property or waterways.
Where a diked enclosure is required under this section, the volumetric
capacity of the diked area shall not be less than the capacity of
the tanks within the diked area.
(6)
In particular installations, the provisions of Subsection D(2), (3) and (4) of this section may be altered at the discretion of the Chief Fire Inspector or the Assistant Inspectors duly appointed by the governing board of the municipality, after consideration of special features such as topographical conditions; nature of occupancy and proximity to buildings on adjoining property and height and character of construction of such buildings; capacity and construction of proposed tanks and character of liquids to be stored; degree of private fire protection to be provided and the adequacy of the facilities of the Fire Department to cope with flammable liquid fires.
E.
Storage in closed containers inside building.
(1)
This subsection shall apply to the storage of flammable
liquids in drums or other portable closed containers not exceeding
60 gallons' individual capacity inside buildings. This section shall
not apply to the storage of closed containers in bulk plants, service
stations and refineries, nor shall it apply to areas where containers
are opened for dispensing, mixing or handling.
(2)
Inside storage rooms shall comply with the following
general construction requirements:
(a)
Walls, floors and ceilings shall be of noncombustible
construction having a fire-resistance rating of not less than one
hour.
(b)
Openings to other rooms or buildings shall be
provided with noncombustible liquid-tight sills or ramps at least
six inches in height and with approved fire doors arranged to close
doors automatically in case of fire.
(c)
A permissible alternate to either sills and
ramps is open trenches covered with steel grating which drain to a
safe location.
(d)
Where other portions of the building or other
properties are exposed, windows shall be protected in an approved
manner.
(e)
Wood at least one inch nominal thickness may
be used for shelving, racks, dunnage, scuffboards, floor overlays
and similar installations.
(f)
Proper ventilation shall be provided and natural
ventilation is preferred over mechanical ventilation.
(g)
Heating shall be restricted to low-pressure
steam or hot water or to electric units approved for Class I hazardous
location.
(h)
Electric wiring and equipment located in inside
storage rooms used for Class I or Class II flammable liquids shall
be approved for Class I, Division 2 hazardous locations; for Class
III flammable liquids, shall be approved for general use, in compliance
with NFPA 70 or the National Electric Code.
(3)
Storage cabinets may be used where it is desired to
keep more than 10 gallons of flammable liquids inside buildings. No
individual container shall exceed five gallons' capacity and not over
50 gallons shall be stored in any one cabinet.
(4)
The quantity of flammable liquids in an inside storage room shall not exceed the quantity specified in this subsection, except as provided in Subsection E(5) of this section:
(a)
If not protected by an approved automatic fire
extinguishing system: 550 gallons total of Class I, II and III flammable
liquids, of which not more than 275 gallons may be of Class I and
II flammable liquids, of which not more than 60 gallons may be of
Class I flammable liquid.
(b)
If protected by an approved automatic fire extinguishing
system: 1,100 gallons total of Class I, II and III flammable liquids,
of which not more than 550 gallons may be of Class I and II flammable
liquids, of which not more than 275 gallons may be of Class I flammable
liquid.
(5)
The quantity of flammable liquid in an inside storage room may be increased to that permitted in this subsection, provided that the construction is as provided in Subsection E(2) of this section but with walls, floors and ceiling of noncombustible construction having a fire-resistance rating of not less than two hours.
(a)
If not protected by an approved automatic fire
extinguisher system: 1,000 gallons total of Class I, II and III flammable
liquids, of which not more than 275 gallons may be of Class I flammable
liquid.
(b)
If protected by an approved automatic fire extinguishing
system: 11,000 gallons total of Class I, II and III flammable liquids,
of which not more than 2,750 gallons may be of Class I and II flammable
liquids, of which not more than 550 gallons may be of Class I flammable
liquid.
(6)
These amounts may be increased to not more than one
day's supply where daily consumption exceeds the above limits.
(7)
Flammable liquids shall not be stored (including stock
for sale) near exits, stairways or areas normally used for the safe
egress of people.
(8)
The storage of flammable liquids in closed containers
shall comply with the following occupancy schedule, except that the
Chief Fire Inspector or the Assistant Inspectors duly appointed by
the governing board of the municipality may impose a quantity limitation
or require greater protection where, in his opinion, unusual hazard
to life or property is involved, or he may authorize an increase of
these amounts where the type of construction, fire protection provided
or other factors substantially reduce the hazard.
(9)
For dwellings and apartment houses containing not
more than three dwelling units and accompanying attached or detached
garages, storage, other than fuel oil for oil burner service, shall
be prohibited, except that which is required for maintenance or equipment
operation which shall not exceed 10 gallons. Such flammable liquid
shall be stored in metal closed containers or safety cans.
(10)
For assembly and business occupancies, apartment houses
containing more than three dwelling units and hotels, storage, other
than fuel oil for oil burner service, shall be prohibited, except
that which is required for maintenance and operation of building and
equipment. Such storage shall be kept in closed metal containers stored
in a storage cabinet or in safety cans or in an inside storage room
not having a door that opens into that portion of the building used
by the public.
(11)
For educational and institutional occupancies, storage,
other than fuel oil for oil burner service, shall be limited to that
required for maintenance, demonstration, treatment and laboratory
work. Flammable liquids in the laboratories and at other points of
use shall be in containers not larger than one quart or in safety
cans or in storage cabinets.
(12)
For mercantile occupancies, in rooms or areas accessible to the public, storage shall be in closed containers and limited to quantities needed for display and normal merchandising purposes. Where the aggregate quantity of additional stock exceeds 50 gallons, it shall be stored in rooms or portions of buildings that comply with the construction requirements of Subsection E(2) of this section.
(13)
For general purpose and public warehouses, storage
shall be in accordance with Table 7.4 in fire-resistive buildings
or in portions of such buildings cut off by standard fire walls. Noncombustible
material, creating no hazard to the flammable liquids, may be stored
in the same area.
(14)
For flammable liquid warehouses or storage buildings,
storage shall be in accordance with Table 7.4. Storage buildings shall
be of noncombustible construction. If storage building is located
30 feet to 50 feet from a building or line of adjoining property that
may be built upon the exposing wall shall be of a noncombustible blank
wall having a fire-resistance rating of at least two hours. If the
storage building is located 10 feet to 30 feet from a building or
line of adjoining property that may be built upon, the exposing wall
shall be a blank wall having a fire-resistance rating of at least
three hours. If storage building is less than 10 feet from the line
of adjoining property that can be built upon, the exposing wall shall
be a blank wall having a fire-resistance rating of at least four hours.
In particular installations, the distance requirements between the
storage building and other buildings may be altered at the discretion
of the Chief Fire Inspector after consideration of the height, size
and character of construction and occupancy of the exposed buildings.
At the discretion of the Chief Fire Inspector or the Assistant Inspectors
duly appointed by the governing board of the municipality, approved
Class A fire doors may be installed in an approved manner on the otherwise
blank walls.
(15)
For tank vehicle loading docks and racks:
(a)
The location of tank vehicle loading docks and
racks dispensing Class I and Class II flammable liquids shall be separated
from tanks, warehouses, other plant buildings and the nearest line
of property that may be built upon by a clear distance of not less
than 25 feet.
(b)
The distance shall be measured from the nearest
position of any fill stem.
(c)
Buildings for pumps or for shelter of leading
personnel may be part of the loading dock or rack.
(16)
Static protection.
(a)
The following types of tank vehicles, loading
docks or racks shall be equipped with protection against static sparks
during truck filling. Racks or docks dispensing Class I or Class II
flammable liquids into open domes of tank vehicles and racks or docks
dispensing Class III flammable liquids into open domes of tank vehicles
which may contain flammable vapors from previous cargos of Class I
or Class II flammable liquids.
(b)
Protection shall consist of a metallic bond-wire
permanently grounded and connected to the fill stem or some part of
the fill-stem piping. The free end of such wire shall be provided
with a clamp or similar device for convenient attachment to some metallic
part of the cargo tank of the tank vehicle. The bond-wire connection
shall be maintained in place during the entire filling operation,
and the dome covers shall be securely closed before the bond-wire
is disconnected from the cargo tank.
(c)
Drag chains or similar devices on tank vehicles
shall not be deemed to meet the requirement of this section for static
protection.
(17)
The motors of all vehicles in the loading dock or
rack area shall be off during any part of the loading operation.
|
Table 74 Arrangement of Container
Storage
| ||||||
|---|---|---|---|---|---|---|
|
Sprinklered or Equivalent Protection
|
Unprotected
| |||||
|
Protection
(maximums per pile)
| ||||||
|
Aisle
(feet)
| ||||||
|
Class of Flammable Liquid
|
Storage Level
|
Total
(gallons)
|
Width
(feet)
|
Height
(feet)
|
Main
|
Side
|
|
I
|
Ground and upper floors
|
2,040
|
8
|
6
|
8
|
5
|
|
Basement
|
Not permitted
| |||||
|
II
|
Ground and upper floors
|
5,280
|
8
|
6
|
8
|
4
|
|
Basement
|
Not permitted
| |||||
|
III
|
Ground and upper floors
|
14,000
|
12
|
3, under sprinkler heads
|
8
|
4
|
|
Basement
|
5,500
|
8
|
0
|
8
|
4
| |
|
Unprotected
(maximums per pile)
| ||||||
|
I
|
Ground and upper floors
|
660
|
4
|
3
|
8
|
7
|
|
Basement
|
No permitted
| |||||
|
II
|
Ground and upper floors
|
1,320
|
4
|
3
|
8
|
5
|
|
Basement
|
Not permitted
| |||||
|
III
|
Ground and upper floors
|
2,640
|
8
|
12
|
8
|
4
|
|
Basement
|
Not permitted
| |||||
F.
Storage in closed containers outside buildings.
(1)
This section shall apply to the storage of flammable
liquids in drums or other portable closed containers not exceeding
60 gallons' individual capacity outside of buildings in areas used
solely for such storage. This section shall not apply to storage of
flammable liquids in drums or portable closed containers in bulk plants,
service station and refineries.
(2)
Drums shall not be stored outside on building platforms
or between buildings or in locations adjacent thereto in such a manner
that they would contribute to the spread of fire.
(3)
Storage of over 100 drums of Class I and II flammable
liquids shall be limited to groups of 100 drums, located at least
60 feet from the nearest building or line of adjoining property that
may be built upon and each group shall be separated by at least 40
feet. Storage of over 300 drums of Class III flammable liquids shall
be limited to groups of 300 drums located at least 50 feet from the
nearest building or line of adjoining property that may be built upon,
and each group shall be separated by at least 30 feet. These distances
may be reduced 50% if sprinklers and drainage away from exposures
are provided. In particular installations, the distance requirements
to buildings may be altered at the discretion of the Chief Fire Inspector
or the Assistant Inspectors duly appointed by the governing board
of the municipality, after consideration of the height, size and character
of construction and occupancy of the exposed buildings.
G.
Dispensing systems at service stations.
(1)
Locations.
(a)
Dispensing devices at automatic service stations
shall be so located that all parts of the vehicle being serviced will
be on the premises of the service station.
(b)
Approved dispensing units may be located inside
garages upon specified approval of the Chief Fire Inspector or the
Assistant Inspectors duly appointed by the governing board of the
municipality. The dispensing area shall be separated from motor vehicle
repair areas in a manner approved by the Chief Fire Inspector or the
Assistant Inspectors duly appointed by the governing board of the
municipality. The dispensing unit and its piping shall be protected
against physical damage from vehicles either by mounting on a concrete
island or by equivalent means and shall be located in a position where
it cannot be struck by a vehicle descending a ramp or other slope
out of control. The dispensing area shall be provided with an approved
mechanical or gravity ventilation system. A clearly identified switch,
readily accessible in case of fire or physical damage to any dispensing
unit, shall be provided to shut off the power to dispensing units.
When dispensing units are located below grade, only approved mechanical
ventilation systems shall be used and the entire dispensing area shall
be protected by an approved automatic sprinkler system. The ventilating
systems shall be electrically interlocked with the gasoline dispensing
units so that the dispensing units cannot be operated unless the ventilating
fan motors are energized.
(2)
Dispensing units.
(a)
Class I and Class II flammable liquids shall
be transferred from underground tanks by means of fixed pumps so designed
and equipped as to allow control of the flow and to prevent leakage
or accidental discharge. Class I or Class II flammable liquids shall
not be transferred from any storage tank by any equipment or procedure
which subjects the shell of the storage tank to pressures above its
allowable working pressure. Air or gas pressure shall not be used
for this purpose.
(b)
Supplemental means shall be provided outside
of the dispensing device whereby the source of power may be readily
disconnected in the event of fire or other accident.
(c)
Dispensing devices for Class I or Class II flammable
liquids shall be of an approved type.
(d)
Class I or Class II flammable liquids shall
not be dispensed by pressure from drums, barrels and similar containers.
Approved pumps taking suction through the top of the container or
approved self-closing faucets shall be used.
(e)
The Chief Fire Inspector or Assistant Inspectors
duly appointed by the governing board of the municipality shall have
the authority to examine all underground tanks and pumps for the purpose
of fire protection before construction is completed.
(3)
Automatic dispensing units. The installation and use
of coin-operated dispensing devices for Class I flammable liquids
is prohibited.
(4)
Delivery nozzles.
(a)
Manual nozzle. The dispensing of Class I flammable liquids into the fuel tank of a vehicle or into a container shall at all times be under the control of a competent person. The use of any device which permits the dispensing of Class I flammable liquids when the hand of the operator of the discharge nozzle is removed from the nozzle control lever is hereby forbidden, except when using an automatic nozzle at an automotive service station, as provided in Subsection G(4)(b) of this section.
(b)
Automatic nozzles with latch-open devices. In
lieu of being held open by hand, an approved automatic nozzle may
be used for dispensing Class I flammable liquid into the fuel tank
of a vehicle. Such a nozzle shall have the latch-open device as an
integral part of the assembly and shall shut off the liquid reliably
and positively when the gasoline tank is filled, when it falls from
the filling neck of an automobile tank, when it is subject to rough
usage such as dropping or lack of proper lubrication or when an automobile
is driven away while the nozzle is still in the tank. A competent
attendant shall be in the immediate vicinity of the vehicle being
filled by such an approved nozzle.
(5)
Dispensing containers. No delivery of any Class I
or Class II flammable liquids shall be made into portable containers
of five gallons' capacity or less unless the container is of sound
metal construction, has a tight closure with screwed or spring cover
and is fitted with a spout or so designed that the contents can be
poured without spilling.
H.
Abandoned pumping stations.
Garages shall conform to all other applicable
requirements of this article, as well as the following provisions.
A.
Permit required. No person shall use any building,
shed or enclosure as a place of business for the purpose of servicing,
storing, parking and/or repairing any motor vehicle therein without
a permit.
B.
Cleaning with flammable liquids. No flammable liquid
with a flash point below 100° F. shall be used in any garage for
washing parts or removing grease or dirt, unless in a special closed
machine approved for that purpose or in a separate well-ventilated
room enclosed by walls having a fire-resistance rating of not less
than two hours, with openings therein protected by approved fire doors
or fire windows and with no opening from such room or to any upper
or lower story.
C.
Handling of gasoline and oils.
(1)
The fuel tanks of motor vehicles shall be filled directly through hose from approved pumps attached to approved portable tanks or drawing from underground storage tanks. Storage and handling of flammable liquids shall conform to § 59-32. No transfer of gasoline in any garage shall be made in any open container.
(2)
Garage floors shall drain to oil separators or traps
discharging to the sewer. Contents of oil separators or traps of floor
drainage systems shall be collected at sufficiently frequent intervals
and removed from the premises to prevent oil from being carried into
the sewers. Self-closing metal cans shall be used for all oily waste
or waste oils.
D.
Construction. All garages, carports or other structures
constructed after the effective date of this article that are used
to house or store motor vehicles and are attached directly or indirectly
to a dwelling, private or multiple, shall have material with a fire-resistive
rating of not less than one hour on all walls and ceilings adjoining
the dwelling. All doors providing access into the dwelling from the
garage, carport or other structure shall have a fire-resistive rating
of not less than 45 minutes.
A.
Scope. This section shall apply to materials not otherwise covered in this article which are highly flammable or which may react to cause fires or explosions or which, by their presence, create or augment a fire or explosion hazard or which, because of their toxicity, flammability or liability to explode, render fire fighting abnormally dangerous or difficult; also to flammable liquids which are chemically unstable and which may spontaneously form explosive compounds or undergo spontaneous reactions of explosive violence with sufficient evolution of heat to be a fire hazard. Hazardous chemicals shall include such materials as flammable solids, corrosive liquids, radioactive materials, oxidizing materials and poisonous gases, as defined in Subsection B.
B.
CORROSIVE LIQUID
FLAMMABLE SOLID
HIGHLY TOXIC MATERIAL
OXIDIZING MATERIAL
POISONOUS GAS
POTENTIALLY EXPLOSIVE CHEMICAL
RADIOACTIVE MATERIAL
SEALED SOURCE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Includes those acids, alkaline caustic liquids and other
corrosive liquids which, when in contact with living tissue, will
cause severe damage of such tissue by chemical action; or, in case
of leakage, will materially damage or destroy other containers of
other hazardous commodities by chemical action and cause the release
of their contents; or are liable to cause fire when in contact with
organic matter or with certain chemicals.
Includes a solid substance, other than one classified as
an explosive, which is liable to cause fires through friction, through
absorption of moisture, through spontaneous chemical change or as
a result of retained heat from manufacturing or processing.
A material so toxic to man as to afford an unusual hazard
to life and health during fire-fighting operations. Examples are parathion,
TEEP (tetraethyl phosphate), HETP (hexaethyl tetraphosphate) and similar
compounds.
Includes substances such as chlorates, permanganates, peroxides
or nitrates that yield oxygen readily to stimulate combustion.[1]
Includes any noxious gas of such nature that a small amount
of the gas, when mixed with air, is dangerous to life. Examples are
chloropicrin, cyanogen, hydrogen cyanide, nitrogen peroxide and phosgene.
Includes any chemical substance other than one classified
as an explosive or blasting agent which has a tendency to be unstable
and which can be exploded by heat or shock or a combination thereof.
Includes any material or combination of material that spontaneously
emits ionizing radiation.
A quantity of radiation so enclosed as to prevent the escape
of any radioactive material but at the same time permitting radiation
to come out for use.
C.
Permit required.
(1)
A permit shall be required for the storage or handling of more than 55 gallons of corrosive liquids; or more than 500 pounds of oxidizing materials; or more than 10 pounds of organic peroxides; or more than 500 pounds of nitromethane; or 1,000 pounds or more of ammonium nitrate, ammonium nitrate fertilizers and fertilizer mixtures covered in Subsection G(4) or any amount of highly toxic material or poisonous gas.
(2)
A permit shall be required for the storage or handling
at any installation of more than one microcurie of radium not contained
in a sealed source; or more than one millicurie of radium or other
radioactive material in a sealed source or sources or any amount of
radioactive material for which a specific license from the United
States Atomic Energy Commission is required in accordance with Title
10, Code of Federal Regulations, Part 50, Licensing of By Product
Material, Radioisotope Distribution and Part 70, Special Nuclear Materials.
D.
General requirements.
(1)
The manufacture, storage, handling and use of hazardous
chemicals shall be safeguarded with such protective facilities as
public safety requires.
(2)
The Chief Fire Inspector or the Assistant Inspectors
duly appointed by the governing board of the municipality may require
the separation or isolation of any chemical that, in combination with
other substances, may bring about a fire or explosion or may liberate
a flammable or poisonous gas. The Chief Fire Inspector or the Assistant
Inspectors duly appointed by the governing board of the municipality
may require separation from other storage, occupancies or buildings
when the quantity stored constitutes a material hazard.
E.
Oxidizing materials. Packaged oxidizing materials
shall be stored in dry locations and separated from stored organic
materials. Bulk oxidizing materials shall not be stored on or against
wooden surfaces.
F.
Radioactive materials.
(1)
Durable, clearly visible signs warning of radiation
dangers shall be placed at all entrances to areas or rooms where radioactive
materials are used or stored. In addition, each container in which
radioactive materials are used, stored or transported shall bear a
durable, clearly visible, appropriate warning sign. Such signs shall
bear the three-bladed radiation symbol in magenta or purple on a yellow
background in accordance with nationally recognized good practice.
(2)
When not in use, radioactive materials shall be kept
in adequately shielded fire-resistant containers of such design that
the gamma radiation will not exceed 200 milliroentgens per hour or
equivalent at any point of readily accessible surface.
G.
Potentially explosive chemicals.
(1)
Explosives and blasting agents shall not be stored
in the same building or in close proximity to potentially explosive
chemicals, except in accordance with § 59-30H.
(2)
Organic peroxides.
(a)
A detached, well isolated, ventilated and unheated
storage building constructed with walls having a fire-resistance rating
of not less than two hours, a noncombustible floor and a lightweight
insulated roof shall be provided for the storage of 50 pounds or more
of organic peroxides. If not adequately protected by a fast-acting
deluge-type automatic sprinkler system, the storage building shall
be located the following minimum distances from flammable liquid storage,
combustible materials in the open and from any other building or highway:
|
Weight of Organic Peroxide
(pounds)
|
Distance
(feet)
| |
|---|---|---|
|
50 to 100
|
75
| |
|
100 to 500
|
100
| |
|
500 to 1,000
|
125
| |
|
1,000 to 3,000
|
200
| |
|
3,000 to 5,000
|
300
|
(b)
The organic peroxides shall be stored in the
original shipping containers (ICC containers). Care shall be taken
to avoid rough handling or contamination of these chemicals. Readily
legible warning signs and placards shall be prominently placed in
the storage and processing areas.
(3)
Nitromethane.
(a)
A suitable isolated outdoor storage area shall
be provided for nitromethane. Hazardous processing shall not be permitted
in the vicinity of this storage area. Nitromethane shall be stored
in drums in which it is received or in an underground tank with suitable
corrosion protection and a minimum of two feet of earth over the tank
or in a barricaded tank above ground. If the drum storage is not adequately
protected by a fast-acting deluge-type automatic sprinkler system,
the storage of 2,000 pounds or more shall be located the following
minimum distances from inhabited buildings:
|
Weight
| ||||
|---|---|---|---|---|
|
Pounds Over
|
Pounds Not Under
|
Approximate Number of Drums
|
Distance
(feet)
| |
|
Beginning at
|
2,000
|
4
|
100
| |
|
2,000 to
|
10,000
|
20
|
200
| |
|
10,000 to
|
20,000
|
40
|
300
| |
|
20,000 to
|
40,000
|
80
|
400
| |
|
40,000 to
|
80,000
|
160
|
500
| |
(b)
Care shall be taken to avoid rough handling
or contamination of this chemical. Readily legible warning signs and
placards shall be prominently placed in the storage and processing
areas.
(4)
Ammonium nitrate.
(a)
Each storage pile of bags or other authorized
packages and containers of such materials shall not exceed 12 feet
in height, 12 feet in width and 30 feet in length. Such pile units
shall be separated by a clear space of not less than 36 inches in
width from the base of the top of the piles, serving as cross aisles.
At least one service or main aisle in the storage area shall be not
less than four feet in width. A clearance of not less than 30 inches
shall be maintained from building walls and partitions and of not
less than 36 inches from ceilings or roof structural members with
a minimum of 18 inches from sprinklers.
(b)
Ammonium nitrate storage areas shall be separated
by a space of 30 feet or by a tight noncombustible partition from
storages of organic chemicals, corrosive liquids, compressed gases,
flammable and combustible materials or other contaminating substances
such as sulphur, coal, flour and metallic powders such as zinc, copper
and magnesium where storage of such materials is permitted with ammonium
nitrate.
(c)
Quantities of ammonium nitrate or ammonium nitrate
fertilizer, having no organic coating, in the form of crystals, flakes,
grains or prills, including fertilizer grade, dynamite grade, nitrous
oxide grade and technical grade ammonium nitrate and ammonium nitrate
phosphate containing 60% or more ammonium nitrate by weight or more
than 50 tons total weight shall be stored in a well-ventilated building
of fire-resistive or noncombustible construction or in buildings of
other types of construction equipped with an approved automatic sprinkler
system. In populated areas, quantities of 2,500 tons or more shall
be stored in well-ventilated buildings of fire-resistive or noncombustible
construction equipped with an approved automatic sprinkler system,
and no combustive materials or ammonium nitrate sensitizing contaminants
shall be stored in this building.
(d)
Storage of ammonium nitrate, coated or mixed
with organic anticaking materials, except compounding blasting agents,
shall not be permitted in populated and congested areas. Outside such
areas, quantities of 500 tons or less may be stored in well-ventilated
buildings of fire-resistive or noncombustible construction equipped
with an approved automatic sprinkler system.
H.
Highly toxic materials.
(1)
Highly toxic materials shall be segregated from other
chemicals and combustible and flammable substances by storage in a
room or compartment separated from other areas by walls and floor
and ceiling assemblies having a fire-resistance rating of not less
than one hour. The storage room shall be provided with adequate drainage
facilities and natural or mechanical ventilation to the outside atmosphere.
(2)
Legible warning signs and placards stating the nature
and location of the highly toxic materials shall be posted at all
entrances to areas where such materials are stored or used.
I.
Poisonous gases.
(1)
Storage of poisonous gases shall be in rooms of at
least three-hour fire-resistant construction and having natural or
mechanical ventilation adequate to remove leaking gas. Such ventilation
shall not discharge to a point where the gases may endanger any person.
(2)
Legible warning signs stating the nature of hazard
shall be placed at all entrances to locations where poisonous gases
are stored or used.
J.
Corrosive liquids. Satisfactory provisions shall be
made for containing and neutralizing or safely flushing away leakage
of corrosive liquids which may occur during storage or handling.
A.
LIQUEFIED PETROLEUM GAS
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any material which is composed predominantly of any of the
following hydrocarbons or mixtures of them: propane, propylene, butane
(normal butane or isobutane) and butylene.
B.
Permits and reports of installations.
(1)
A permit shall be obtained for each installation of
liquefied petroleum gas employing a container or an aggregate of interconnected
containers of over 2,000 gallons' water capacity and for each permanent
installation, irrespective of size of containers, made at buildings
in which people congregate for civic, political, educational, religious,
social or recreational purposes. Such buildings shall include schools,
churches, hospitals, institutions, hotels and restaurants each having
a capacity of 20 or more persons. Prior to making such an installation,
an installer shall submit plans to the Chief Fire Inspector or the
Assistant Inspectors duly appointed by the governing board of the
municipality, and if compliance with the requirements of this article
is shown by said plans, a permit shall be issued.
(2)
Installers shall maintain a record of all installations for which a permit is not required by Subsection B(1) of this section but not including installation of gas burning appliances and replacing of portable cylinders and have it available for inspection by the Chief Fire Inspector or the Assistant Inspectors duly appointed by the governing board of the municipality.
(3)
All liquefied petroleum gas storage tanks of 300 gallons
to 2,000 gallons' capacity shall be enclosed with a fence of at least
nine-gauge galvanized two-inch wire mesh or heavier. It shall be six
feet high with an accessible entrance and lock. The fence shall be
not less than five feet from any side of the tank.
(4)
The storage and handling of liquefied petroleum gases
shall be in accordance with the National Fire Protection Association
Pamphlet Number 58 entitled "Storage and Handling Liquefied Petroleum
Gases, 1972."
C.
Buildings. Buildings used for manufacture, container
filling, storage or distributing shall be of light, incombustible
construction with all electrical equipment vapor-tight and explosion-proof,
and heating shall be only by steam, hot water or hot air with all
heating units located in a separate building or in a separate room
completely cut off from all other portions of the building by vapor-tight
noncombustible walls with entrance from the exterior.
D.
Inspection of installations. It shall be the duty
of the Chief Fire Inspector or the Assistant Inspectors duly appointed
by the governing board of the municipality to inspect a reasonable
number of liquefied petroleum gas installations to determine if the
provisions of this article are complied with.
E.
Location of containers. Within the limits established
by law restricting the bulk storage of liquefied petroleum gas for
the protection of heavily populated or congested commercial areas,
the aggregate capacity of any one installation shall not exceed 2,000
gallons' water capacity; except that in particular, installations
this capacity limit may be altered at the discretion of the Chief
Fire Inspector or the Assistant Inspectors duly appointed by the governing
board of the municipality after consideration of special features
such as topographical conditions, nature of occupancy and proximity
to buildings, capacity of proposed tanks, degree of private fire protection
to be provided and facilities of the local Fire Department.
A.
Permit required. No person shall store in excess of
100,000 board feet of lumber without a permit.
B.
Open yard storage.
(1)
Lumber shall be piled with due regard to stability
of piles and in no case higher than 20 feet.
(2)
Driveways between and around lumber piles shall be
at least 15 feet wide and maintained free from accumulation of rubbish,
equipment or other articles or materials. Driveways shall be so spaced
that a maximum grid system unit of 50 feet by 150 feet is produced.
(3)
Permanent lumber storage, operating under a permit,
shall be surrounded with a suitable fence at least four feet high,
unless storage is within a building.
C.
Operational fire hazards in lumberyards.
(1)
The burning of shavings, sawdust and refuse materials
shall be permitted only under boilers, in furnaces or in incinerators
or refuse burners safely constructed and located. Stacks shall be
provided with approved spark arresters having openings of not greater
than 3/4 inch or other effective means provided which will eliminate
the danger from sparks, such as an expansion chamber, baffle walls
or other effective arrangement. At boiler or other points where sawdust
or shavings are used as fuel, a storage bin of noncombustible construction
with raised sill shall be provided.
(2)
Smoking shall be prohibited except in specified safe
locations in buildings. Large "No Smoking" signs shall be painted
on exterior building walls and on signs erected at driveway edges.
"No Smoking" signs shall be posted throughout all buildings, except
in specific locations designated as safe for smoking purposes.
D.
Woodworking plants.
(1)
Sawmills, planing mills and other woodworking plants
shall be equipped with refuse removal systems which will collect and
remove sawdust and shavings as produced; or suitable metal or metal-lined
bins provided with normally closed covers or automatically closing
doors shall be installed at or near such machines, and shavings and
sawdust shall be swept up and deposited in such bins at sufficiently
frequent intervals as to keep the premises clean.
(2)
Fire-fighting equipment, either portable fire appliances
or small hose supplied from a suitable water system, shall be provided
near any machine producing shavings or sawdust.
A.
Scope. This section applies to oil-burning equipment,
except internal combustion engines, oil lamps and portable devices
such as blowtorches, melting pots and weed burners.
B.
FUEL OIL
OIL-BURNING EQUIPMENT
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Kerosene or any hydrocarbon oil conforming to Specifications
for Fuel Oils of the American Society of Testing Materials ASTM D396-48T
and having a flash point not less than 100° F.
An oil burner of any type, together with its tank piping, wiring, controls and related devices, and shall include all conversion oil burners, oil-fired units and heating and cooking appliances but excluding those exempted by Subsection A.
C.
Permit required. A permit shall be required for the
installation of any oil burner that utilizes a fuel oil tank in excess
of 25 gallons in a building or in excess of 60 gallons outside of
a building.
D.
Use of approved equipment. Oil burning equipment shall
be of approved type; only approved equipment having labels listed
with a national testing laboratory, such as Underwriters' Laboratories,
Inc., FMEC, AGAL.
E.
General installation requirements.
(1)
The installation shall be made in accordance with
the instructions of the manufacturer.
(2)
The installation shall be such as to provide reasonable
accessibility for cleaning heating surfaces, removing burners, replacing
motors, controls, air filters, draft regulators and other working
parts and for adjusting, cleaning and lubricating parts requiring
such attention.
(3)
After installation of the oil-burning equipment, a
complete cycle of operation tests shall be conducted to make certain
that the burner is operating in a safe and acceptable manner and that
all safety devices function properly.
(4)
In all private dwellings constructed after the effective
date of this article, all flammable liquid or gas heating equipment
shall be enclosed in a separate room with interior walls, ceiling
and floor, and the door providing access into it shall have a fire-resistive
rating of not less than 45 minutes. This room shall contain only necessary
heating equipment and shall not be used for storage of any sort.
(5)
In all commercial establishments constructed after
the effective date of this article, all flammable liquid or gas heating
equipment shall be enclosed in a separate room with the floor, walls,
ceiling and doors to have a fire-resistive rating of not less than
two hours. All doors providing access into this room shall have an
assembly to make it self-closing. This room shall contain only necessary
heating equipment and shall not be used for storage of any sort.
(6)
In all commercial garages, approved suspended oil-burning
or gas-burning equipment may be installed.
F.
Fuel oil. The grade of fuel oil used in a burner shall
be that for which the burner is approved and as stipulated by the
manufacturer. Crankcase oil or any oil containing gasoline shall not
be used.
G.
Installation of fuel oil tanks.
(1)
An unenclosed inside fuel oil supply tank shall have
a capacity of not more than 550 gallons. Not more than one five-hundred-fifty-gallon
tank or two tanks of aggregate capacity of 550 gallons or fewer shall
be connected to one oil-burning appliance, and the aggregate capacity
of such tanks installed in the lowest story, cellar or basement of
a building shall not exceed 1,100 gallons, unless separation is provided
for each 550 gallons of tank capacity. Such separations shall consist
of an unpierced masonry wall or partition extending from the lowest
floor to the ceiling above the tank or tanks and shall have a fire-resistance
rating of not less than two hours.
(2)
Stoves which are designed for barometric feed shall
not be connected to separate oil supply tanks.
(3)
Non-flue-connected stoves shall be prohibited.
(4)
Gravity oil supply tanks installed in conversion range
oil burners shall not exceed one six-gallon metal tank or two three-gallon
glass bottles.
(5)
Supply or storage tanks located above the lowest story,
cellar or basement shall not exceed 60 gallons' capacity, and the
total capacity of tanks so located shall not exceed 60 gallons.
(6)
Oil supply tanks other than those furnished as an
integral part of the stove or range shall not be located within five
feet, horizontally, of any fire or flame; except that tanks not over
six gallons' capacity may be within this distance but not within two
feet of the stove or range in which the burner is not excessive when
the burner is operated at full capacity.
(7)
Tanks exceeding 550 gallons' individual capacity shall
be installed in an enclosure constructed as follows: The walls of
the enclosure shall be constructed of solid masonry units or poured
concrete construction having a fire-resistance rating of not less
than three hours. Such enclosures shall be installed only on concrete
or other fire-resistive floors and shall be bonded to the floors.
Enclosures shall have tops of reinforced concrete at least five inches
thick or equivalent fire-resistive construction, except that where
floor or roof construction above the enclosure is concrete or fire-resistive
construction, the walls may be extended to and bonded to the undersides
of the construction above in lieu of the provisions of a separate
top. Any openings to such enclosures shall be provided with fire doors
or other approved closures and six-inch noncombustible liquid-tight
sills or ramps. Provisions shall be made for adequate ventilation
of such enclosures prior to entering for inspection or repairs on
tanks.
H.
Installation of fill, return, supply and vent piping.
(1)
A fill pipe on a tank larger than 60 gallons shall
terminate outside of a building at least two feet from any building
opening. Every fill terminal shall be equipped with a tight metal
cover.
(2)
A return line from a burner or pump to a supply tank
shall enter the top of the tank.
(3)
An auxiliary tank installed in the supply piping between
a burner and its main fuel supply tank shall be filled by pumping
from storage tanks.
(4)
All piping, except the burner supply line from a tank
having a capacity not over 550 gallons and the cross-connection between
two such tanks having an aggregate capacity of 550 gallons or fewer
shall be connected into the top of the supply tank.
(5)
The burner supply connection to tank or tanks having
a capacity of more than 550 gallons shall be connected to the top
of the tank, except that in commercial and industrial installations
for Nos. 5 and 6 oil, the burner supply connection may be below the
liquid level.
(6)
Vent pipes shall terminate outside of buildings not
less than two feet measured vertically or horizontally from any window
or other building opening. Vent terminals shall terminate in a weatherproof
vent cap which shall have a minimum free open area equal to the cross-sectional
area of the vent pipe. The static head of the vent pipe when filled
with oil shall not exceed that pressure at which the tank was pressure
tested.
(7)
Pressurized tank feed shall not be used.
(8)
All tanks in which a constant oil level is not maintained
by an automatic pump shall be equipped with an approved method of
determining the oil level.
I.
Pumps, piping and valves.
(1)
An oil pump not a part of an approved burner shall
be a positive displacement type which automatically shuts off the
oil supply when stopped.
(2)
All piping shall be standard full weight wrought iron,
steel or brass pipe or brass or copper tubing. Aluminum tubing shall
not be used between the fuel oil tank and the burner unit. Approved
flexible metal hose may be used to reduce the effect of jarring and
vibration or where rigid connections are impracticable and shall be
installed in compliance with its approval.
(3)
Piping used in the installation of oil burners and
appliances other than conversion range oil burners shall not be smaller
than three-eighths-inch iron pipe size or three-eighths-inch OD tubing.
Copper or brass tubing shall have thirty-five-hundredths-inch nominal
and thirty-two-hundredths-inch minimum wall thickness.
(4)
Piping between conversion range oil burners and tanks
shall be standard steel, wrought iron or brass pipe not smaller than
1/4 inch in size of brass; or copper tubing not less than five-sixteenths-inch
OD with a wall thickness not less than forty-nine-hundredths inches.
(5)
Pipe shall be connected with standard fittings and
tubing with fittings of approved type. If used, connections shall
be of approved type and installed in accordance with their approval.
Unions requiring gaskets or packing, right and left couplings and
sweat fittings employing solder having a melting point of less than
1,000° F. shall not be used in oil lines. Cast-iron fittings shall
be made tight with suitable lubricant or pipe compound.
(6)
Readily accessible manual shutoff valves shall be
installed at each point where required to avoid oil spillage during
servicing. The valve shall be installed to close against the supply.
(7)
Where a shutoff is installed in the discharge line
of an oil pump not an integral part of a burner, a pressure relief
valve shall be connected into the discharge line between the pump
and the shutoff valve and arranged to return surplus oil to the supply
tank or to bypass it around the pump, unless the pump includes an
internal bypass.
(8)
All oil burners shall have a self-closing fuseable
link valve at the fuel tank, the first link to be not less than 12
inches from the burner. All outside oil tanks, when the oil level
is above the oil burner, shall have an antisiphon valve installed
at the entrance of the oil lines into the cellar from and next to
the hand valve on the inside tank or tanks.
J.
Means for manually stopping. Oil burners other than
oil stoves with integral tanks shall be provided with some means for
manually stopping the flow of oil to the burner. Such device or devices
shall be placed in a convenient location at a safe distance from the
burner.
A.
Permit required. No place of assembly, as defined in Subsection B of this section, shall be maintained, operated or used as such without a permit, except that no permit shall be required for any place of assembly used solely as a place of religious worship.
[Amended 3-12-1980 by L.L. No. 2-1980]
B.
PLACE OF ASSEMBLY
PUBLIC LODGING
Definitions. As used in this section, the following
terms shall have the meanings indicated:
[Amended 3-12-1980 by L.L. No. 2-1980]
A room or space used for gathering or educational occupancy
for 50 or more occupants or which has a floor area of 750 square feet
or more used for such purposes. Such room or space shall include any
similarly occupied connecting room or space in the same story or in
a story or stories above or below, where entrance is common to the
rooms or spaces. The occupant load permitted in any place of assembly
shall be determined by dividing the net floor area or space assigned
to that use by 15 square feet per occupant.
A motel, hotel or premises offering lodging to the public.
C.
Decorative material.
(1)
Decorative material shall include all such materials
as curtains, draperies, streamer, surface coverings applied over the
building interior finish, for decorative, acoustical or other effect,
and also cloth cotton batting, straw, vines, leaves, trees and moss
used for decorative effect, but it shall not include floor coverings,
ordinary window shades nor materials 1/40* of an inch less in thickness
applied directly to and adhering tightly to a noncombustible base.
[*NOTE: May be measured by folding a piece to five thicknesses and
measuring to see if the thickness of five layers exceeds 1/8 inch.]
(2)
No decorative material shall be used which, as applied,
will ignite and allow flame to spread over the surface when exposed
to a match flame test. The test is applied to a piece removed from
the material which shall be held in a vertical position, the bottom
edge of which shall be exposed to a flame from a common match held,
in a horizontal position, 1/2 inch underneath the piece and at a constant
location for a minimum of 15 seconds.
(3)
Treatments used to accomplish this flameproofing shall
be renewed as often as may be necessary to maintain the flameproof
effect.
D.
Pyroxylin coated fabric.
(2)
Such fabrics containing 1.4 ounces or more of cellulose
nitrate per square yard shall not be used in excess of a total amount
equivalent to one square foot of fabric surface to 15 cubic feet of
room volume. Each square foot of such fabric which contains 1.7 ounces
or more of cellulose nitrate per square yard shall be counted as two
square feet in making this computation.
E.
Motion picture screens. In places of assembly, no motion picture screen or screen masking shall be used which will ignite and allow flame to spread over the surface when exposed to the match flame test described in Subsection C(2).
F.
Exit doors. During the period of occupancy, no exit
door shall be locked, bolted or otherwise fastened or obstructed by
any means so that the door cannot be opened from the inside by the
use of the ordinary door latch or knob or by pressure on the door
or on a panic release device. Exit doors must open outward.
G.
Aisles. In each room where chairs or tables and chairs
are used, the arrangement shall be such as will provide for ready
access by aisles to each exit doorway. Aisles leading directly to
exit doorways shall have not less than 36 inches clear width which
shall not be obstructed by chairs, tables or other objects.
H.
Use, marking and lighting of exitways.
(1)
No part of a stairway, whether interior or exterior,
nor of a hallway corridor, vestibule, balcony or bridge leading to
a stairway or exit of any kind shall be used in any way that will
obstruct its use as an exit or that will present a hazardous condition.
(2)
In rooms accommodating more than 100 persons, required
exit doorways, other than those normally used for entrance, shall
be plainly marked by approved exit signs, sufficiently illuminated
when the floor area is occupied to be readily distinguished.
(3)
Where the exit doorways are not visible from all locations
in public corridors, directional signs, as required by the Chief Fire
Inspector or the Assistant Inspectors duly appointed by the governing
board of the municipality shall be placed on walls or otherwise displayed
in conspicuous locations to direct occupants to exit doorways.
(4)
Required stairways, hallways and other means of egress,
including exterior open spaces to or through which exitways lead,
shall be kept adequately lighted at all times that the building served
thereby is occupied.
I.
Plan of exit and aisles.
[Amended 3-12-1980 by L.L. No. 2-1980]
(1)
A plan showing the permitted occupant load of the
building, the location of exitways and of aisles leading thereto shall
be submitted for approval to the Chief Fire Inspector or Assistant
Fire Inspector duly appointed by the governing board of the municipality,
and an approved copy shall be kept on display in the premises.
(2)
A sign showing the permitted occupant load of the
building shall be posted in all entrances and exits of the premises.
(3)
The minimum size of this posted sign shall be at least
eight inches by 10 inches and shall be approved by the Chief Fire
Inspector or an Assistant Fire Inspector.
J.
Ashtrays. Where smoking is permitted, there shall
be provided on each table and at other convenient places suitable
noncombustible ashtrays or match receivers.
A.
Bonfires and outdoor rubbish fires.
(1)
Permit required. No person shall kindle or maintain
any bonfire or rubbish fire or authorize any such fire to be kindled
or maintained on or in any public street, alley, road or other public
ground without a permit. During construction or demolition of buildings
or structures, no structure, waste materials or rubbish shall be disposed
of by burning on the premises or in the immediate vicinity without
having obtained a permit.
(2)
Location restricted. No person shall kindle or maintain
any bonfire or rubbish fire or authorize any such fire to be kindled
or maintained on any private land unless:
(3)
Chief or Assistant Inspector may prohibit. The Chief
Fire Inspector or the Assistant Inspectors duly appointed by the governing
board of the municipality may prohibit any or all bonfires and outdoor
rubbish fires when atmospheric conditions or local circumstances make
such fires hazardous. All persons permitted to maintain a fire under
this section shall remain at location of the fire until all embers
are extinguished.
B.
Use of torches for removing paint. Any person using
a torch or other flame-producing device for removing paint from any
building or structure shall provide one approved fire extinguisher
or water hose connected to the water supply on the premises where
such burning is done. In all cases, the person doing the burning shall
remain on the premises one hour after the torch or flame-producing
device has been used.
C.
Hot ashes and other dangerous materials. No person
shall deposit hot ashes or cinders or smoldering coals or greasy or
oily substances liable to spontaneous ignition into any wooden receptacle
or place the same within 10 feet of any combustible materials, except
in a metal or other container. Such receptacles, unless resting on
a noncombustible floor or on the ground outside the building, shall
be placed on noncombustible stands and in every case shall be kept
at least two feet away from any combustible wall or partition or exterior
window opening.
D.
Accumulations of waste materials. Accumulations of
wastepaper, hay, grass, straw, weeds, litter or combustible or flammable
waste or rubbish of any kind shall not be permitted to remain upon
any roof, in any courtyard, vacant lot or open space. All weeds, grass,
vines or other growth, when the same endangers property or is liable
to be fired shall be cut down and removed by the owner or occupant
of the property.
E.
Handling readily combustible materials. No person
making, using, storing or having a charge or under his control any
shavings, excelsior, rubbish, sacks, bags, litter, hay, straw or combustible
waste materials shall fail or neglect at the close of each day to
cause all such materials which are not compactly baled and stacked
in an orderly manner to be removed from the building or stored in
suitable vaults or in metal-lined covered receptacles or bins. The
Chief Fire Inspector or the Assistant Inspectors duly appointed by
the governing board of the municipality shall require suitable baling
presses to be installed in stores, apartment buildings, factories
and similar places where accumulations of paper and waste materials
are not removed at least every second day.
F.
Storage of readily combustible materials.
(1)
Permit required. No person shall store in any building
or upon any premises in excess of 2,500 cubic feet gross volume of
combustible empty packing cases, boxes, barrels or similar container
or rubber tires or baled cotton, rubber or cork or other similarly
combustible material without a permit.
(2)
Storage requirements. Storage in buildings shall be
orderly, shall not be within two feet of the ceiling and shall not
be located as to endanger exit from the building. Storage in the open
shall not be more than 20 feet in height, shall be so located with
respect to adjacent buildings as not to constitute a hazard and shall
be compact and orderly.
G.
Flammable decorative materials in buildings of mercantile
and institutional occupancy. Highly flammable materials such as cotton
batting, straw, dry vines, leaves, trees, artificial flowers or shrubbery
and foam plastic materials shall not be used for decorative purposes
in show windows or other parts of mercantile and institutional occupancies
unless flameproofed. Electric light bulbs in mercantile and institutional
occupancies shall not be decorated with paper or other combustible
materials unless such materials shall first have been rendered flameproof.
H.
Open flames, lights or kindling of fire restricted.
(1)
No person shall take an open flame or light into any
building, barn, vessel, boat or any other place where highly flammable
combustible or explosive material is kept, unless such light or flame
shall be well secured in a glass globe, wire mesh cage or similar
approved device.
(2)
No heating or lighting apparatus or equipment capable
of igniting flammable materials of the type stored or handled shall
be used in the storage area of any warehouse storing rags, excelsior,
hair or other highly flammable or combustible materials; nor in the
work area of any shop or factory used for the manufacture, repair
or renovating of mattresses or bedding; nor in the work areas of any
establishment used for the upholstering of furniture.
(3)
No person shall kindle a fire upon the land of another
without permission of the owner thereof or his agent.
I.
Chimneys and heating appliances to be maintained in
safe condition.
(1)
All chimneys, smokestacks or similar devices for conveying
smoke or hot gases to the outer air and the stoves, furnances, restaurant-type
cooking equipment, incinerators, fireboxes or boilers to which they
are connected shall be constructed and maintained in such a manner
as not to create a hazardous condition.
(2)
Commercial- and industrial-type incinerators used
for the burning of rubbish or other readily combustible solid waste
material and flue-fed incinerators shall be provided with approved
spark arrestors or other effective means for arresting sparks and
fly particles.
J.
Smoking prohibited under certain conditions.
(1)
SMOKING
Definitions. As used in this subsection, the following
terms shall have the meanings indicated.
Includes the carrying of lighted pipe, cigar, cigarette or
tobacco in any form.
(2)
Chief or Assistant Inspectors to designate areas where
smoking shall be prohibited. Where conditions are such as to make
smoking a hazard in any areas or piers, wharves, warehouses, stores,
industrial plants, institutions, places of assembly and in open spaces
where combustible materials are stored or handled, the Chief Fire
Inspector or the Assistant Inspectors duly appointed by the governing
board of the municipality is empowered and authorized to order the
owner or occupant in writing to post "No Smoking" signs in each building,
structure, room or place in which smoking shall be prohibited. The
Chief Fire Inspector or the Assistant Inspectors duly appointed by
the governing board of the municipality shall designate specific safe
locations, if necessary, in any building, structure or place in which
smoking may be permitted.
(3)
No smoking signs. "No Smoking" signs of approved-sized lettering and location required in accordance with Subsection J(2) of this section shall read "By Order of the Chief Fire Inspector." It shall be unlawful for any person to remove any legally required "No Smoking" sign or to smoke in any place where such signs are posted.
K.
Doors, windows and shaftways in factories and storage
buildings. All trapdoors in any factory or storage building shall
be closed at the completion of the business of each day. Every outside
window in any such building which opens directly on any hoistway or
other vertical means of communication between two or more floors in
such building shall be plainly marked with the word SHAFTWAY in red
letters at least six inches high, on a white background, such warning
signs to be so placed as to be easily discernible from the outside
of the building. Every door or window opening on such shaftways from
the interior of the building, unless the construction of the partition
surrounding the shaftway is of such distinctive nature as to make
the purpose evident at a glance, shall be similarly marked with the
warning word SHAFTWAY so placed to be easily visible to anyone approaching
the shaftway from the interior of the building. Any open shaftway
shall be properly protected by a suitable guardrail at the close of
the business day.
L.
Fire lanes on private property devoted to public use.
[Amended 3-12-1980 by L.L. No. 2-1980]
(1)
The Chief Fire Inspector and the Chief of Police of
the Town of Carmel shall establish fire lanes on private property
devoted to public use on which there are located places of public
assembly. These lanes shall be established and devoted to public use
where the parking of motor vehicles or other obstructions may interfere
with the ingress of fire department vehicles for the protection of
life and property, such as shopping centers, bowling lanes, theaters,
hospitals, churches and similar locations.
(2)
Such fire lanes shall have specifically described
dimensions and routes and shall be marked as approved by the Chief
Fire Inspector.
(3)
Parking of motor vehicles or otherwise obstructing
fire lanes shall be prohibited at all times.
A.
Scope. Welding or cutting shall include gas, electric-arc
or flammable liquid welding or cutting or any combination thereof.
B.
Permit required for welding or cutting.
(1)
A permit shall be required of each company, corporation, copartnership or owner-operator performing welding or cutting operations, except as provided in Subsection B(2) of this section. This permit shall not be required for each welding or cutting job location. The company, corporation, copartnership or owner-operator shall notify the Chief Fire Inspector or the Assistant Inspectors duly appointed by the governing board of the municipality in advance where such work is taking place, except where such work is done in response to an emergency call that does not allow time for the Chief Fire Inspector or the Assistant Inspectors duly appointed by the governing board of the municipality to be notified in advance of the work.
(3)
Application for a permit required by this section
shall be made by the company, corporation, copartnership or owner-operator
performing the welding or cutting operation or by his duly authorized
agent.
(4)
A permit for welding or cutting operations shall not
be issued unless the individuals in charge of performing such operations
are capable of doing such work in a safe manner. Demonstration of
a working knowledge of the provisions of this section shall constitute
acceptable evidence of compliance with this requirement.
(5)
Companies, corporations, copartnerships and owner-operators
required to have a permit shall maintain a record of all locations
where welding or cutting operations are performed and have it available
for inspection by the Chief Fire Inspector or the Assistant Inspector
duly appointed by the governing board of the municipality.
C.
Fire prevention.
(1)
Before welding or cutting operations are begun in
areas not designed or approved for that purpose, specific authorization
shall be obtained from the owner of the premises or his duly authorized
agent.
(2)
When welding or cutting operations are performed above
or within 35 feet of combustible construction or material exposed
to the operation or within 35 feet of floor, ceiling or wall openings
so exposed:
(a)
Such combustible construction or material shall
be protected by noncombustible shields or cover from possible sparks,
hot metal or oxide.
(b)
Such floor, ceiling or wall openings shall be
protected by noncombustible shields or covers.
(c)
A fire watcher shall be provided to watch for
fires, make use of portable fire extinguishers or fire hose and perform
similar fire prevention and protection duties. The fire watcher shall
remain on the job at least 30 minutes after the welding or cutting
operations have been completed to ensure that no fire exists. A signed
inspection report attesting to that fact shall be filed and available
for inspection by the Chief Fire Inspector or the Assistant Inspectors
duly appointed by the governing board of the municipality.
(3)
One or more portable fire extinguishers of approved
type and size shall be kept at the location where welding or cutting
is to be done.
(4)
Welding or cutting shall not be done in or near rooms
or locations where flammable gases, liquids or vapors, lint, dust
or loose combustible stocks are present when sparks or hot metal from
the welding or cutting operations may cause ignition or explosion
of such materials.
(5)
Except as provided in Subsection C(6) of this section, welding or cutting shall not be performed on containers and equipment which contain or have contained flammable liquids, gases or solids until these containers and equipment have been thoroughly cleaned or inerted or purged.
(6)
Hot tapping may be permitted on tanks and pipelines, provided that such operations are performed by companies, corporations, copartnerships or owner-operators not required to have a permit under Subsection B(2)(b).
(7)
Sprinkler system protection shall not be shut off
while welding or cutting work is being performed. When welding or
cutting is done close to automatic sprinkler heads, sheet asbestos
or damp cloth guards may be used to shield the individual heads but
shall be removed when the work is completed.
A.
SHOPPING CENTER
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any building or groups of buildings with the total square
footage of all the floors exceeding 8,000 square feet or three or
more adjoining buildings that are used for mercantile establishments.
B.
Fire lanes. Fire lanes in shopping centers shall be established in accordance with § 59-39L of this article.
C.
Concealed space fire protection. Fire protection in
concealed spaces shall be in accordance with the most current National
Fire Protection Association Life Safety Code 101, Section 6.13.
D.
Sprinkler systems.
(1)
Any building or groups of buildings with a total square
footage of all the floors exceeding 12,000 square feet that are used
for mercantile establishments shall be sprinklered in accordance with
the most current National Fire Protection Association, Pamphlet No.
13.
(2)
The water supply to the sprinkler system shall be
adequate to supply the largest fire area of the building or buildings
for at least two hours.
(3)
All sprinkler systems' flow alarms shall be connected
to the fire-dispatching center of the Fire Department providing fire
protection.
E.
Exits. No shopping center shall have dead-end passageways
or corridors without an exit.
The Council for Fire Prevention duly appointed
by the governing board of the municipality shall have power to modify
any of the provisions of this article upon application in writing
or by the owner or lessee or his duly authorized agent when there
are practical difficulties in the way of carrying out the strict letter
of this article, provided that the spirit of this article shall be
observed, public safety secured and substantial justice done. The
particulars of such modification, when granted or allowed, and the
decision of the Council for Fire Prevention duly appointed by the
governing board of the municipality thereon shall be entered upon
the records of the municipality, and a signed copy shall be furnished
the applicant.
Whenever the Chief Fire Inspector or the Assistant
Inspectors and the Council for Fire Prevention duly appointed by the
governing board of the municipality shall disapprove an application
or refuse to grant a permit applied for, or when it is claimed that
the provisions of this article do not apply or that the true intent
and meaning of this article have been misconstrued or wrongly interpreted,
the applicant may appeal from the decision of the Chief Fire Inspector
or the Assistant Inspectors and the Council for Fire Prevention duly
appointed by the governing board of the municipality to the Town Board
within 30 days from the date of the decision appealed.
A.
Any person who shall violate any of the provisions
of this article or fail to comply therewith or who shall violate or
fail to comply with any order made thereunder or who shall build 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 shall fail to comply
with such an order as affirmed or modified by the governing board
of the municipality or by a court of competent jurisdiction, within
the time fixed herein, shall severally for each and every such violation
and noncompliance respectively be punishable by a fine of not more
than $1,000 or by imprisonment for not more than one year, or by both
such fine and imprisonment.
[Amended 6-9-1976 by L.L. No. 2-1976[1]]
B.
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 10
days that prohibited conditions are maintained shall constitute separate
offense.
C.
The application of the above penalty shall not be
held to prevent the enforced removal of prohibited conditions.
