[Amended by Ord. No. 81-75; Ord. No. 82-74; Ord. No. 86-21; Ord. No. 89-4; Ord. No. 95-12; Ord. No. 96-20; Ord. No. 97-18; Ord. No. 04-01]
A.
There is hereby adopted by the City for the purpose
of prescribing regulations governing conditions hazardous to life
and property from fire or explosion, the International Fire Code,
being particularly the 2021 edition and the same is hereby incorporated
in this section as if fully set out at length herein, and the provisions
thereof shall be controlling within the City.
[Amended 7-19-2016 by Ord. No. 16-03; 9-4-2018 by Ord. No. 18-05; 3-15-2022 by Ord. No. 22-01]
B.
From time to time, said International Fire Code may,
by ordinance duly adopted by the governing body, be amended. Copies
of such amendments shall be made available for public inspection in
the same manner as the International Fire Code itself.
[Amended by Ord. No. 84-21; Ord. No. 86-21; Ord. No. 96-20; Ord. No. 04-01]
The International Fire Code as adopted and amended
herein shall be enforced by personnel of the Uinta County fire protection
and emergency services joint powers board, a member of which is the
City.
[Amended by Ord. No. 96-20; Ord. No. 04-01]
A.
Wherever the word "jurisdiction" or the words "jurisdictional
area" are used in the International Fire Code, it shall mean the corporate
limits of the City and such other territory peripheral to such corporate
limits located within one-half mile of the corporate limits.
B.
Wherever the word "Chief," "Chief Engineer" or "Fire
Marshal" is used in the International Fire Code or in this chapter,
it shall mean the chief administrative officer of the Uinta County
fire protection and emergency services joint powers board.
C.
"Fire department" shall mean the Uinta County fire
protection and emergency services joint powers board.
[Amended by Ord. No. 83-7; Ord. No. 96-20; Ord. No. 04-01]
The limits referred to in section 3404.2.9.5.1
of the International Fire Code in which the storage of flammable or
combustible liquids is prohibited are hereby established in all zoning
districts within the corporate limits, except those districts zoned
as industrial established, heavy industrial and agricultural established.
[Amended by Ord. No. 96-20; Ord. No. 04-01]
The limits referred to in Section 3804.2 of
the International Fire Code, in which storage of liquefied petroleum
gas is prohibited, are hereby established as all zoning districts
within the corporate limits except those districts zoned as industrial
established, heavy industrial and agricultural established and in
business districts where the storage of liquefied petroleum is accessory
to a retail establishment and such storage does not exceed one thousand
gallons.
[Amended by Ord. No. 96-20; Ord. No. 04-01]
The limits referred to in Chapter 33 of the
International Fire Code, in which storage of explosives and blasting
agents is prohibited, are hereby established in all zoning districts
within the corporate limits except those districts zoned as industrial
established, heavy industrial and agricultural established.
[Amended by Ord. No. 96-20; Ord. No. 04-01]
The limits referred to in Chapters 22 and 30 of the International Fire Code in which the storage of compressed natural gas storage is prohibited, are hereby established as all zoning districts within the corporate limits except those districts zoned as industrial established, heavy industrial and agricultural established and in business districts where the storage of compressed natural gas is accessory to a retail establishment and such storage does not exceed one hundred eighty-three thousand cubic feet.
[Amended by Ord. No. 04-01]
Whenever the chief engineer shall disapprove
an application or refuse to grant a permit applied for, or when it
is claimed that the provisions of the International Fire Code do not
apply or that the true intent and meaning of the code have been misconstrued
or wrongly interpreted, the applicant may appeal from the decision
of the chief engineer to the City council within thirty days from
the date of the decision.
[Amended by Ord. No. 04-01]
The governing body and the chief engineer shall
act as a committee to determine and specify, after giving affected
persons an opportunity to be heard, any new materials, processes or
occupancies which shall require permits, in addition to those now
enumerated in the International Fire Code. The chief engineer shall
post such list in a conspicuous place in his office and distribute
copies thereof to interested persons.
[Amended by Ord. No. 81-41; Ord. No. 95-11; Ord. No. 95-16; Ord. No. 02-07]
A.
FIREWORKS
NFPA
PERMANENT STRUCTURE
Definitions.
Any article, device or substance that can be offered for
sale under Wyoming Statutes Sections 35-10-201 through 35-10-207 as
amended.
The fire Prevention Code of the National Fire Protection
Association.
A structure on a foundation affixed to property and which
is not a tent, trailer, vehicle, mobile home, temporary stand or other
temporary quarters.
B.
Sale. No person shall sell or offer to sell fireworks
within the corporate limits of the City of Evanston unless an annual
fireworks permit has been obtained and the sale of fireworks is conducted
in a permanent structure in compliance with the zoning, building,
and fire prevention ordinances of the City of Evanston.
C.
Permit Application. A person desiring to sell fireworks
shall submit an application for each and every location at which an
applicant desires to sell fireworks. The application shall be submitted
to the City clerk and contain the following:
(1)
The name of the applicant and applicant's mailing
address and telephone number;
(2)
The address of the permanent structure to be used
for the sale of fireworks;
(3)
A description of the permanent structure, including
but not limited to, the square footage of area to be used for the
sale and/or the storage of fireworks;
(4)
A permit fee in an amount as determined by governing
body in the annual budget resolution;
(5)
The application shall be signed by the applicant or
applicants acknowledging an understanding the requirements on which
the permit is issued, and basis on which it may be revoked.
D.
Application Review. All applications shall be reviewed
within twenty-one days of receipt, to determine if it is in compliance
with this section and the building, zoning and fire prevention ordinances.
If the application is in compliance, the City clerk shall issue the
permit. In the event the permit is denied, the fee shall be refunded.
E.
Sale Restrictions.
(1)
No person shall sell fireworks to a person who has
not attained their sixteenth birthday;
(2)
All persons selling fireworks shall, in close proximity
to the fireworks display, prominently post a sign provided by the
City, which notifies customers on which days it is lawful to discharge
fireworks in the City of Evanston;
(3)
No smoking shall be permitted in any facility selling
fireworks or within fifty feet of the permitted facility;
(4)
All 1.4.G consumer fireworks sold in the facility
must comply with U.S. Consumer Product Safety Commission manufacturing
and performance standards;
(5)
No 1.3.G (Commercial Class B) fireworks shall be stored
or located inside the facility.
F.
Permitted Methods for Sale. A permit holder shall
not display and sell fireworks unless the sales are conducted in compliance
with one of the permitted methods of sale set forth below:
(1)
Behind the counter. All fireworks shall be kept and
displayed for sale in an area which is not accessible to the public,
such as behind a counter or in an enclosed display case.
(2)
Building with fire suppression sprinkler system. Fireworks
may be kept and displayed for sale in an area accessible to the public
in a building that is equipped with an automatic fire suppression
sprinkler system per NFPA 13 and if the permit holder complies with
the additional conditions, regulations and restrictions set forth
below:
(a)
The facility shall be limited in size to 10,000 square
feet of selling area to which the public may be admitted;
(b)
Aisles in the facility shall be a minimum six feet
wide, and they shall be kept free and unobstructed at all times, aisles
being defined as walking space between linear rows of shelving or
product display;
(c)
There must be one exit door for every 1,200 square
feet of selling space to which the public may be admitted, with a
minimum of three emergency exit doors in the public portion of facility
and a minimum of one exit door in the staging area to which the public
is not permitted;
(d)
All emergency exit doors shall be metal or metal frame
with tempered glass and shall have no locks other than push panic
lock hardware and all exit doors shall be clearly marked;
(e)
The facility must be a stand alone building unless
the building is separated from the fireworks sales business by a two-hour
rated fire area wall and has a separate entrance and exit;
(f)
The facility shall be equipped with an adequate number
of smoke detectors in both the retail and staging areas, which smoke
detectors shall be inspected and tested annually and meet the requirements
of NFPA 72 (e);
(g)
Fire extinguishers shall be installed per NFPA requirements;
(h)
Any storage areas in excess of 10% of the total building
square footage area shall be separated from areas to which the public
may be admitted by a one hour separation wall;
(i)
The facility shall be located no closer than one hundred
feet to any facility selling or dispensing gasoline propane or other
such flammable products;
(j)
All facilities must carry at least $1,000,000 in public
and product liability insurance;
(k)
Emergency evacuation plans must be conspicuously posted
in appropriate locations with the facility;
(l)
The facility shall be used only for the sale of fireworks
and related products such as promotional t-shirts, hats and other
promotional materials and products not to exceed 10% or less of the
retail floor space;
(m)
All employees must be a minimum of 16 years of age;
(n)
All fireworks sold in the facility shall have covered
fuses or be in cello-wrap or similar individual or assortment packaging
unless the fireworks are kept and displayed for sale in an area which
in not accessible to the public such as behind a counter or in an
enclosed display case;
(o)
No person under the age of sixteen shall be permitted
in the facility unless they are accompanied by an adult.
(3)
Building without a fire suppression sprinkler system. Fireworks may be kept and displayed for sale in an area accessible to the public in a building that is not equipped with an automatic fire suppression sprinkler system if the permit holder complies with the conditions, regulations and requirements set forth in subsections (a) through (o) of Section 9-10F(2) and if the permit holder complies the additional requirements, regulations and conditions set forth below:
(a)
There must be one exit door for every 1,000 square
feet of selling space to which the public may be admitted, with a
minimum of three emergency exit doors in the public portion of facility
and a minimum of one exit door in the staging area to which the public
is not permitted. There shall be no more than 75 feet of travel distance
from any place accessible to the public to an exit door;
(b)
Aisles in the facility shall be a minimum of at least
six feet wide. Any continuous aisle greater than 50 feet in length
shall be an additional one foot wide for every 10 feet in length greater
than 50 feet. Any crossing or intersecting aisles shall be at least
eight feet wide. Each aisle shall be kept free and unobstructed at
all times;
(c)
Any storage area, which is larger than 10% of the
floor area of the facility, shall be separated by a one hour area
separation wall plus be equipped with a automatic fire suppression
system;
(d)
There shall be no shelves or displays of fireworks
or other merchandise within three feet of any exit door.
G.
Permit Restrictions. A permit issued pursuant to this
section is not transferable, assignable or renewable and the holder
of the permit is authorized to sell fireworks only at the location
identified in the application.
H.
Permit Revocation. After a hearing, the governing
body may revoke a permit or impose restrictions on continued operation,
if any federal, state, or local law related to the sale of fireworks
has been violated.
[Amended by Ord. No. 81-41]
A.
Any person who shall violate any of the provisions
of the Uniform Fire Code 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 any order as affirmed or modified by the
district court or by a court of competent jurisdiction, within the
time fixed herein, shall severally, for each such violation and noncompliance,
be guilty of a misdemeanor, punishable by a fine of not more than
seven hundred fifty dollars or by imprisonment for not more than six
months, or both. 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 when not otherwise specified, each ten days
that prohibited conditions are maintained shall constitute a separate
offense.
B.
The application of the above penalty shall not be
held to prevent the enforced removal of prohibited conditions.
