19720815 1972-18ORDINANCE NO. 1972-18
AN ORDINANCE AMENDING AND RE-ENACTING
THE FIRE PROTECTION CODE OF THE CITY OF FAIRFAX, VIRGINIA
BE IT ORDAINED by the City Council of the City of Fairfax, Virginia
that chapter 8 of the code of the City of Fairfax, Virginia, be amended
and re-enacted to read in its entirety as follows:
FIRE PROTECTION
CHAPTER 8
FIRE PROTECTION.
ARTICLE I.
IN GENERAL.
8-1.
Use of fire apparatus, equipment, etc., within City.
ARTICLE II. FIRE MARSHAL.
§ 8-2.
8-3.
8.z~.
8-5.
8-6.
City fire marshal--Creation of office; appointment; powers and
duties generally; salary.
Same--Tenure.
Deputy City fire marshal--Creation of office; appointment; powers
and duties generally.
Same--Tenure.
Oaths of fire marshal and members of his staff.
ARTICLE III.
FIRE APPEALS.
§ 8-7.
I~ 8-8.
§ 8-9.
§ 8-10.
!~ 8-11.
§ 8-12.
Appeals generally.
Procedural rules and regulations.
Applications for hearings.
Appellate procedure generally.
Withdrawal of appeals.
Records to be kept.
1972-18
ARTIOLE IV.
FIRE PREVENTION CODE.
2
8-13.
8-15.
8-16.
§ 8-17.
8-18.
8-19.
8-2o.
8-21,
8-22.
Definitions.
Adoption.
Amendments, additions and deletions.
Establishment of limits of districts in which storage of
flammable liquids in outside aboveground tanks is to be
prohibited.
Establishment of limits in which bulk storage of liquefied
petroleum gases is to be restricted.
Establishment of limits of districts in which storage of
explosives and blasting agents is to be prohibited.
Waivers.
Appeals.
New Materials, processes or occupancies which may require
permits.
Enforcement.
§ 8-23. Penalties.
- 1972-18 3
ARTICLE I. IN GENERAL.
Sec. 8-1. Use of fire apparatus~ equipment, etc.~ within City.
It shall be unlawful for any person to operate or cause to be operated upon
a public highway or street in the city any vehicle or equipment used~ intended to
be used or designed to be used for the purpose of fighting fires, unless such vehicle
or equipment is owned by the Fairfax Volunteer Fire Department and any other
recognized fire fighting company of the city.
For the purposes of this section, a "recognized fire fighting company of the
city" shall be construed to mean one that has been recognized as such by resolution
of the City Council.
This section shall not apply to the operation of fire fighting vehicles and
equipment owned by any fire fighting company outside of the city when such vehicle or
equipment is traveling in or through the city for parade or other nonfire fighting
purposes or in response to a call from the office dispatching fire equipment in or
for the city.
ARTICLE II. FIRE MARSHAL.
Sec. 8-2.
City fire marshal--Creation of office; appointment; powers and
duties senerally; salary.
The office of city fire marshal is hereby created.
The county fire marshal shall serve and is hereby appointed as city fire marshal,
subject to the approval of the board of county supervisors of Fairfax County, and
shall execute the duties of such office as set forth in this Code. If at any time
the county fire marshal cannot serve as city fire marshal~ the city council may select
and appoint any suitable qualified person to this office. The city fire marshal
shall be appointed by the city council to serve at the pleasure of the city council.
Sec. 8-3. Same--Tenure.
The city fire marshal shall be appointed by the city council to serve at the
pleasure of the city council.
Sec. 8-4.
Deputy city fire marshal--Creation of office; appointment~ powers and
duties generally.
The office of deputy city fire marshal is hereby created. The City Council
shall, upon recommendation of the City Manager appoint a deputy city fire marshal~
exercise the same powers and duties in the administration and enforcement of this
chapter as are imposed thereby upon the city fire marshal.
Sec. 8-5. Same--Tenure.
The deputy city fire marshal shall not be appointed for a definite term, but
shall continue contingent upon and subject to the personnel rules of the city.
', 1972-18
Sec. 8-6.
Oaths of fire marshal~ deputy fire marshal and members of the fire
marshal's staff.
4
The city fire marshal, deputy city fire marshal and members of the fire
marshal's staff, before entering upon their duties, shall, respectively, take an
oath, before any officer authorized to administer oaths, faithfully to discharge
the duties of their office.
ARTICLE III.
FIRE APPEALS.
Sec. 8-7. Appea]~ generally.
The City Council shall hear and decide all appeals made by application by
any person or the agent of any person aggrieved or affected by any order, rule,
regulation, requirement, decision, determination or refusal made by the city fire
marshal. The Council also shall serve as an advisory body to the fire marshal's
office.
Sec. 8-8.
Procedural rules and regulations.
The City Council shall formulate and adopt such rules and regulations as
may be necessary to insure orderly procedure.
Sec. 8-9.
Applications for hearings.
Application for a hearing before the City Council may be made by any person
or the agents of any person aggrieved or affected as detailed in Section 8-20.
Application for such hearing, shall be made on the appropriate form provided by, and
shall be filed in,the office of the city fire marshal.
Sec. 8-10. Appellate procedure generally.
Appeals to the City Council shall be docketed for hearing in the order
filed. Ail parties in interest shall be given notice in writing of the time and
place of hearing at least ten days prior to the date set. For just cause appearing,
the City Council may postpone hearings for a period not exceeding thirty days, in
which event all parties shall be given notice in writing of the time and place
of such postponed hearing at least ten days prior to the date set. In any case
where a notice or order of violation has been served, the owner, occupant or other
person responsible for the conditions must file his appeal in writing with the
City Council within five days of such service.
1972-18
5
Sec. 8-11. Withdrawal of appeals.
Any party filing an appeal as provided in this article may withdraw the same
by written request prior to the date set for hearing, in which event the City
Council shall, by written notice, close the docket and fix the time for compliance
with the order of the city fire marshal.
Sec. 8-12. Records to be kept.
The City Council shall keep minutes of its proceedings including a full
record of its determinations, and showing the vote on every question.
ARTICLE IV.
FIRE PREVENTION CODE.
Sec. 8-13. Definitions.
For the purposes of the Fire Prevention Code adopted by section 8-19, the
following words and phrases shall have the meanings respectively ascribed to them
by this section:
Bureau of fire prevention: The office of the city fire marshal.
Chief of the fire department: The city fire marshal. Nothing in this
paragraph shall be construed as extending authority or jurisdiction to the city
fire marshal in any respect whatsoever over the operation of any individual fire
department or the chief of any fire department within the city.
Corporation counsel: The City Attorney.
Municipality: The City of Fairfax, Virginia.
1972-18
Sec. '8-14. Adoption.
There is hereby adopted by the City Council, for the purpose of prescribing
regulations governing conditions hazardous to life and property from fire or
explosion, that certain Code known as the Fire PreVention Code, recommended by the
American Insurance Association, being particularly the 1970 edition thereof and the
whole thereof, except such portions as are deleted, modified or amended by this
article, of which Code a reasonable number of copies but not less than one copy
will be on file in the office of the Chief Fire Marshal and are available 8:00 A.M.
until 4:30 P.M., Monday through Friday, inclusive, except for legal holidays and the
same are hereby adopted and incorporated as fully as if set out at length herein.
Sec. 8-t5. Amendments~ additions and deletions.
The Fire Prevention Code adopted by section 8-19 is hereby amended and changed
in the following respects:
(1) Delete present section 1.7, substituting a new section 1.7 to read as
follows:
Section 1.7. Reporting and Investigation of Fires.
a. Ail fires that endanger or cause loss of life or loss or damage to
property shall be reported to the City fire marshal by the chief or other
officer of the fire department responding to such fires within five days
following the close of the month in which the fire occurred. Such reports
shall be in such form as the City fire marshal shall prescribe.
b. The City fire marshal's office shall investigate the cause, origin
and circumstances of every fire occurring in the City which is of a suspicious
nature or which involves buildings or premises subject to inspection by the
City fire marshal's office. Such investigation shall be made immediately at
the time of the fire or at a subsequent time depending on the nature and
circumstance of the fire.
c. If the circumstances of any fire indicate the possibility of an
incendiary origin, the chief or the officer-in-charge of the fire department
in whose area the fire occurs shall immediately summon the City fire marshal.
In such cases the City fire marshal or one of his assistants shall report at
the scene of the fire and with the officer-in-charge of such fire, conclude the
investigation. The City fire marshal or one of his assistants shall take
charge immediately of the physical evidence and shall have the power of a
regular member of the city police in making arrests where, after such
investigation, thereis sufficient evidence to charge any person with the crime
of arson or with incendiary burning of property under the laws of the state.
d. The City police department, upon request of the City fire marshal,
shall assist in the investigation of any fire which is of a suspicious origin.
The results of any such investigation shall be turned over by the fire marshal's
office to the City Attorney and the Commonwealth's Attorney.
(2) Add new Section numbered 1.9, f, to read:
Section 1.9, f.
A fee shall be charged for every permit issued according to the following:
1972-18
Article 2 - Automobile Tire Rebuilding Plants
Article 3 - Automobile Wrecking Yards, Junk Yards
& Waste Materlal Handling ?lants
Article 4 - Bowling Establishments
(Pin & Lane Refinishing)-
Article 5 - Cellulose Nitrate Motion Picture Film
(Storage & Use)
Article 6 - Cellulose Nitrate Plastics
(Storage & Use)
Article 7 - Combustible Fibers
(Storage & Handling)- j
Article 8 - Compressed Gases
(Storage, Handling or Use)-
Article 9 - Dry Cleaning Plants
Article 10 - Prevention of Dust Explosions
(Operation of any grain elevator,
flour, starch or feed mill or plant
pulverizing aluminum, coal, cocoa,
plastics, magnesium, spices, sugar or
other dust producing material)-
Article 12 - Explosives, Ammunition and Blasting Agents (Storageor Transporting)
(Use) ........... ~
Article 13 - Fireworks
(Retailer and/or Wholesaler)-
Article 15 - Flammable Finishes (Application)
Article 16 - Flammable and Combustible Liquids
(Storage & Handling)
(Bulk Plants)
(Service Stations)
(Delivery of flammable & combustible
liquids from tank vehicles)
Article 17 - Fruit Ripening Processes
Article 18 - Fumigation and Thermal Insecticidal
Fogging
Article 19 - Garages
Article 20 - Hazardous Chemical
(Storage or Handling)
(Radioactive materials)
Article 21 - Liquefied Petroleum Gases
(Installation of containers over 2000
gallon water capacity and all installations
at public places)
Article 22 - Lumber Yards and Woodworking Plants
(Storage of over 100,000 board feet
of lumber)-
Article 23 - Magnesium
(Working of more than 10 pounds per day)
Article 25 - Manufacture of Organic Coatings
(Manufacture of more than 1 gallon per day)
Article 26 - Ovens and Furnaces
(Operation of Industrial Ovens and Furnaces)-
Article 27 - Places of Assembly (Theatre)
(Other assembly other than solely religious)-
Article 28 - General Precautions Against Fire
(Manufacture or storage of more
than 25 cases of matches)
(Burning)
7
10.00
lO.OO
7.00
lO.OO
lO.OO
lO.OO
10.00
10.00
10.00
lO.OO
10,00
$100.00
10.00
$ 20.00
$ 15.oo
$ 10.00
$ lO.OO
$ 10.00
$ 15.oo
$ 10.00
$ 10.00
$ 10.00
$ 10.00
$ lO.OO
$ 10.00
$ 10.00
$ lO.OO
$ 10.00
$ 25.00
$ 15.oo
1972-18
Article 29 - Tents
(Erection or use of tent over 120
square feet)-
Article 30 - Welding or Cutting, Acetylene Generators, and Calcium Carbide
(Each company or corporation welding or cutting,
storage of cylinders, operation of acetylene
generator or storage of more than 200 pounds of
calcium carbide)-
$ 10.00
$ 10.00
All permits shall be renewed annually, except those for explosives and/or
blasting agents use and burning which shall be renewed for each site annually
and those for bowling alley resurfacing which shall be renewed for each re-
surfacing operation. No fee shall be charged for permits for displays of fireworks.
(3) Section 1.10. Revocation of Permit. Add following wording to end of
paragraph:
· · . or upon a change in conditions or effect which materially increases the
hazard.
(4) Add new Section numbered 1.11, c., to read:
Section 1.11, c. All fire drills required by this section shall be performed
under the general guidance of the fire marshal's office in a manner prescribed
by it.
(5) Under Section 1.12 add the following definition:
Fire lanes--An area designated by clearly visible signs in which parking
shall be prohibited, whether on public or private property to insure ready
access for and to fire fighting equipment and facilities.
(6) Under Section 1.12, delete the present definition for "high hazard
occupancy" and add the following definitions:
Highly hazardous occupancies. Manufacturing, wholesaling, storage or
processing of drugs, paint, varnish, lacquer, pyroxylin and pyroxylin products,
combustible chemicals, combustible or explosive gases or liquids, oxidizing
agents, naval stores, artificial leather, oil cloth, combustible fibers, brooms,
mattresses, matches, flour, feed, fertilizers, hay, straw, rags, wastepaper,
barrels and materials and products of similar hazard; spray application of
flammable finishes; rubber tire retreading; gasoline filling stations, garages,
hardware stores, planing mills, the more hazardous wood products manufacture,
dry cleaning using liquids with flash point of one hundred degrees Fahrenheit
or lower, and occupancies of similar hazard.
Moderately hazardous occupancies. Occupancies of the highly hazardous
type as defined above where the quantity involved will not create a high
hazard, including retailing or storage of moderate size or small stocks;
manufacturing, wholesaling, Btorage or processingof natural leather goods,
burlap, paper or cotton bags, paper boxes, clothing and textiles, millinery,
stationery, wallpaper, sugar, rugs, lumber, millwork, furniture, secondhand
automobiles, junk yards, general freight and materials and products of similar
hazard; department stores, photographic studios, dry cleaning with liquids of
flash point between one hundred degrees and one hundred and thirty-eight degrees
Fahrenheit, launderies, bakeries, cocoa, peanut, coffee and cereal roasting,
1972-18
'lard rendering, meat smoking, printing, lithographing and occupancies of
similar hazard.
Light hazardous occupancies. Occupancies of the moderately hazardous
type, as defined above, where the quantity involved will not create a moderate
hazard, including retailing or storage of small or moderate stocks; manufacturing,
wholesaling, retailing, storage or processing of hides, canned food products,
ice cream, dairy products, men's hats, groceries, yeast, electrical goods,
plumber's supplies, sporting goods, machinery, ice, metals, hardware
without paint, jewelry, newspaper in bulk, wool in bales or bags, soap,
Portland cement, ceramics, or any imcombustible materials or products;
abattoirs, meat packing plants, breweries, bottling plants, motor vehicle
assembly and storage and sale of the new vehicles and occupancies of similar
or lower hazard.
(7) Add new Section numbered 1.14. Notification of Fire Department:
Section 1.14. Notification of Fire Department.
In any building subject to the inspection of the Fire Marshal, when a fire
is discovered or evidence found of there having been a fire even though it has
apparently been extinguished, t~ shall immediately be reported to Fire Alarm
Headquarters. This shall be the duty of the owner, manager or person in control
of such building at the time of discovery. This requirement shall not be construed
to forbid the owner, manager or person in control of the aforementioned building
from using all diligence necessary to extinguish such fire prior to the arrival
of the fire department.
(8) Change Section 3.1, to read:
Section 3.1.
Automobile wrecking yards, junk yards and waste material handling plants
shall conform to all other applicable requirements of this Code and the City
of Fairfax Air Pollution Control Ordinance, as well as the following provisions.
(9) Change Section 3.4. to read:
Section 3.4.
The burning of wrecked or discarded automobiles or any parts thereof or
junk or any waste materials is prohibited by the City of Fairfax Air Pollution
Control Ordinance, except in an incinerator designed for the burning of such
materials and approved by the Bureau of Fire Prevention.
(10) Add new Section numbered 11.1, e. to read:
Section 11.1, e.
The width of exit passageways, aisles and corridors shall meet all the
requirements of the Fairfax City Building Code. Ail aisles in stores shall
have a minimum clear width of not less than 44 inches. Stores utilizing
shopping carts shall have a minimum clear width of not less than 60 inches.
Aisles in a storage area not accessible to the general public shall have a
minimum clear width of not less than 30 inches.
1972-18
(11) Add new Section numbered 11.1, f., to read:
Temporary display material shall not be piled or placed in front of
doorways when the store is closed to the public.
10
(12) Delete Section 11.2, a., substituting the following:
Section 11.2, a. Marking of Exit Ways.
Exit doorways shall be marked and lighted and exit directional signs shall
be provided and lighted as required by the City Building Code.
(13) Add new Section numbered 11.6, to read:
Section 11.6. Marking of Stair Enclosure Doors.
Stair enclosure doors are to be marked with appropriate signs when so
required by the city fire marshal.
(14) Add new Section numbered 11.7. to read:
Section 11.7. Sitting and Standing In Exit and Aisles in Places of Assembly.
No person shall sit or stand in or otherwise obstruct any exit, aisle
or other means of egrees in any public or private assembly building while an
audience is present therein nor place obstructions therein or obstruct the use
of any passageway, aisle, doorway, stairway or other means of egress from any
building during the time it is occupied by other than maintenance personnel.
(15) Change Section 12.3, a, (3) by adding the following sentence:
· . . Operations physically separate and distinct, whether or not on one
tract of land or under control of one applicant, shall require separate permits.
(16) Delete Section 12.4, substituting the following:
Section 12.4. Bond required for the storage, sale, transportation, disposal
or use of explosives or blasting agents.
Before a permit is issued for the storage, sale, transportation, disposal
or use of explosives or blasting agents, the applicant shall file with the
Fire Marshal's office a bond or evidence of a liability insurance policywith
minimum limits of at least twenty-five thousand for bodily injury or death or
any person in any one accident and one hundred thousand dollars for bodily injury
or death of more than one person in any one accident and twenty-five thousand
dollars for damage to or destruction of property in any one accident. Such
bond or liability insurance policy shall become available for the payment of
any damage arising from neglect of the applicant or his agents or his employees.
Bonds or liability insurance policies may be for a specific operation or for
an entire year provided that the applicant shows evidence that the bond or
liability insurance policy is in continuing effect.
1972-18
'(17) Add new section numbered 12.5, e, to read:
11
Section 12.5, e.
The Fire Marshal's office shall be immediately notified through Fire
Alarm Headquarters by telephone of the loss or theft of any explosives. This
verbal notification shall be followed by a letter to the Fire Marshal's office.
(18) Add new section numbered 12.5, f, to read:
Section 12.5, f.
If any time explosives are found not properly stored in a magazine, it
shall be immediately reported to Fire Alarm Headquarters who will summons a
Fire Marshal for the purpose of safeguarding or disposal of the explosives.
(19) Change Section 12.6, e, to read:
Section 12.6, e.
Magazines shall be kept locked except when being inspected or when
explosives are being placed therein or being removed therefrom. A minimum of
two locks, with different keyings for each lock, plus an anti-tampering device
to cover each lock that is acceptable to the Chief of the Fire Prevention
Bureau, shall be provided on all magazines. Ail locks, hasps and hinges used
on magazines are to be of case-hardened metal.
(20) Change Section 12.6, j, to read:
Section 12.6, j.
Class I magazines shall be used for the storage of explosives when quantities
are in excess of fifty pounds of explosive material, and for the overnight
storage of explosives regardless of the quantity.
(21) Change Section 12.6, k, to read:
Section 12.6, k.
Class II magazines may be used for temporary storage of explosives at the
site of blasting operations where such amount constitutes not more than one
day's supply for use in current operations. Ail explosives not used in the day's
operations shall be returned to the Class I magazine at the end of the work
day for overnight storage. In no case shall a Class II magazine be used for
overnight storage.
(22) Change Section 12.6, 1, to read:
Section 12.6, 1.
Class I and II magazines shall be located away from inhabitated buildings,
passenger railways, public highways and other magazines in accordance with
Table 12.6.
1972-18
'(23) Change Section 12.6, m, to read:
12
Section 12.6, m.
The storage of explosives and blasting caps in wholesale and retail
stores is prohibited.
(24) Change Section 12.6, q, to read:
Section 12.6, q.
Class II magazines shall be constructed of two-inch tongue and grooved
hardwood covered on the outside with 0.0359 inch thickness sheet metal (no.18
manufacture's standard gauge) or equivalent aluminum, or of all metal lined with
3/8 inch plywood or the equivalent. Edges of metal covers shall overlap sides
at least one inch.
(25) Change Section 12.6, r, to read:
Section 12.6, r.
Class I magazines for the storage of explosives shall be weather-resistant,
properly ventilated and bullet resistant.
(26) Add new section numbered 12.6, z, to read:
Section 12.6, z.
Daily records shall be kept as to the amount of explosives received from
a supplier and delivered to the magazine. Also, a daily record shall be kept
of the explosives removed from the magazine for daily use and the amount of
explosives returned. This record will be kept within the magazine so that on
inspection of the magazine an accountability for all explosives can be made.
The accountability of explosives shall be broken down as to different types
stored and used. Forms for these records shall be approved by the Chief of
the Bureau of Fire Prevention.
(27) Add new section numbered 12.6, aa, to read:
Section 12.6, aa.
An eight foot chain link fence or a six foot chain link fence with three
strands of barbed wire around the top shall be provided around a Class I
magazine installation. This fence shall have a gate in it equipped with case-
hardened locks and hasps.
(28) Add new section numbered 12.6, bb, to read:
Section 12.6, bb.
A certified blaster shall be the sole possessor of keys to locks on fence
gates and magazine locks.
1972-18
(29) Ohange Section 12.8, b, to read:
13
Section 12.8, b.
The handling and firing of explosives shall be performed by the person
possessing a permit to use explosives and having certification as a blaster.
This certification shall be approved by the Chief of the Fire Prevention
Bureau. A certified blaster on a job site can direct the handling and firing
of explosives by persons under his direct supervision who are at least twenty-
one years of age. A certified blaster must be capable of reading and writing
the English language.
(30) Delete Article 13, substituting the following: Article 13 -- Fireworks.
Section 13.1. Definitions.
a. ,'Fireworks" shall mean and include any article, device, or any
substances or combination of substances designed for the purpose of producing
a visible or audible effect by combustion, explosion, deflagration or detonation
regardless of its name or form of construction. This shall include, but not
be limited to, those items known as firecrackers, cherry bomb, Roman Candle,
torpedo, skyrocket and any other substance or thing of whatever form of
construction containing nitrates, chlorates, oxalates, sulphides of lead,
barium, antimony, nitroglycerine, phosphorus or any other explosive or
flammable compound or substance.
b. "Retailer" means any person selling fireworks or offering fireworks
for sale at retail.
c. "Wholesaler" means a person, firm or corporation offering fireworks
for sale.or selling fireworks to a retailer. Such term shall include a manufacturer
of fireworks, a representative of any such manufacturer, a distributor, a jobber
and a middleman of any description dealing in fireworks, any of whom shall sell
or offer to sell fireworks to a retailer within Fairfax City.
d. ,,Approved" means as approved by the City Fire Marshal.
Section 13.2. Unlawful Fireworks.
Except as otherwise provided in Section 13.3 it shall be unlawful for
any person, firm or corporation to transport, manufacture, store, possess, sell,
offer for sale, expose for sale or to buy, use, ignite or explode any fireworks.
Section 13.3. Permissible Fireworks.
The provisions of Section 13.2 above shall not apply to the following
fireworks when such have been approved by the City Fire Marshal as outlined
in Section 13.4: sparklers, fountains, Pharoh's serpents, caps for pistols
and pinwheels commonly known as whirligigs, or spinning jennies, or other
similar fireworks approved by the City Fire Marshal. Any such fireworks which
emit flame or sparks to a distance greater than twelve feet or perform as a
projectile is prohibited. Such permissible fireworks shall have a hard-coated
or slow burning fuse at least 1~ inches long with a burning rate of not less
than 4 seconds. Quick match fuses are prohibited. Such permissible fireworks
shall be used only on private property with the approval of the owner of the
property.
1972-18 14
Section 13.4. Approval of Permissible Fireworks.
Persons engaged in the business of selling or offering to sell
fireworks at wholesale shall submit to the City Fire Marshal for approval,
at least three samples of each fireworks proposed to be sold or delivered by
such wholesaler, together with complete specifications including the manufacturer
and trade name of such fireworks and a chemical analysis of each such fireworks
so submitted. Said samples, specifications and chemical analysis shall be
submitted to the Fire Marshal no later than thirty (30) days prior to the
proposed sale date in the City. No wholesaler shall sell or deliver in the
City of Fairfax any fireworks,other than those so approved.
Section 13.5. Records to be Kept by Wholesaler and Retailer.
Each wholesaler shall maintain full and complete records of all purchases
and sales of fireworks and each retailer shall maintain full and complete
records of all purchases of fireworks. The City Fire Marshal or his designated
agent is authorized to examine the books and records of any wholesaler or
retailer as they relate to the purchases and sales of firewozks within the
City of Fairfax.
Section 13.6. Permit Required for Sale of Fireworks.
It shall be unlawful for any person, firm or corporation, wholesaler or
retailer to sell, offer for sale or expose for sale any fireworks within the
City of Fairfax without a permit from the Fire Marshal's Office. This permit
shall be valid from the period June 1 to July 15 of each year. Such permit
shall be issued only after a bond or evidence of liability insurance has been
filed with the Fire Marshal's Office, having the minimum limits as defined
in Section 13.7. Retailing of fireworks shall be done only from a fixed
location. Such locations shall comply with all City of Fairfax rules and
regulations applicable to such sites.
Section 13.7. Permit Required for Display.
The City Fire Marshal may issue permits, upon application in writing,
for the display of unlawful fireworks as defined above for fair associations,
amusement parks or by any organization or group of individuals providimg
such display is in general accord with the applicable sections of the National
Fire Code. After such permit has been issued, sales of fireworks may be'made
for use under such permit and the association, organization or group to
which it is issued may make use of such fireworks under the terms and conditions
of such permit. No permit shall be issued until the organization is under
protection of an insurance policy providing minimum limits of at least twenty-
five thousand ($25,000) for bodily injury or death of any one person in any one
accident and fifty thousand ($50,000) for bodily injury or death of more than
one person in any one accident, and twenty-five thousand ($25,000) for damage
to or destruction of property in any one accident. Such insurance shall
become available for the payment of any damage arising from the neglect of the
applicant or his agents or his employees.
Section 13.8. Seizure and Destruction of Certain Fireworks.
a. Any City of Fairfax law enforcement officer arresting any person for
a violation of this chapter shall seize the fireworks in question in the
possession or under the control of any person so arrested and shall hold the
same until final disposition of any criminal proceedings against such person.
1972-18
If a judgement of conviction be entered against such person, the court shall
order destruction of such articles upon expiration of the time allowed for
appeal ~f such judgement of conviction.
15
b. Any Fire Marshal encountering fireworks in violation of th~s Code shall
seize such fireworks and shall hold such until final disposition of any criminal
procedures related to the violation. If a judgement of conviction be entered
against such person, the court shall order destruction of such articles upon
expiration of the time allowed for appeal for such judgement of conviction. Where
no criminal proceedings can be instituted due to lack of knowledge as to
who owns or is responsible for the fireworks the fireworks inquestion shall be
destroyed after thirty days.
Section 13.9. The Design, Construction and Use of Model Rockets.
The design, construction, and use of model rockets shall be reasonably
safe to persons and property. Evidence that the design, construction, and
use of model rockets is in accordance with the applicable standard specified
for Section 13.3, f, in Article 31 of this Code shall be evidence that such
design, construction, and use provides reasonable safety to persons and
property.
Section 13.10. Amateur Rocketry.
Any type of rocketry other than that described in the definition of
Model Rocketry as set forth in the standard specified for Section 13.3, f,
in Article 31 of this Code, is prohibited.
(31) Delete last sentence of Section 14.3 substituting the following:
· . . The City Fire Marshal or such person as he specifies shall be notified
before such rest, repair, alterations, or additions are started; and further-
more, notification shall be given for such work where supervisory or alarm
systems, connected to either a fire station or Fire Alarm Headquarters, are
involved even though such system is not required by any law or ordinance.
(32) Add new Section numbered 14.3, a, to read:
Section 14.3, a.
No person shall use, tamper with, damage or destroy, any fire hydrants,
valves or water mains within the City except that a fire department may use
such hydrants for fire fighting and training purposes, or a person who has
obtained a permit for use from the public authority or utility having juris-
diction over said items. When use is by a person under permit from the authority
having jurisdiction, all policies as outlined on said permit or application
shall be complied with.
No plantings or erection of other obstructions shall be made within
four feet of any fire hydrant.
(33) Delete Section 14.4, substituting the following:
Section 14.4.
a. First aid fire extinguishing equipment shall be provided in all
occupancies as follows: Assembly, office, institution, mercantile, con~nerctal,
1972-18
storage and industrial buildings and multiple dwellings containing more than
four apartments or fifteen habitable rooms.
16
b. The type, number required and placement of such equipment shall be
in accordance with applicable standards of the National Fire Protection Associa-
tion. Extinguishers need not be placed on every floor of a building, provided
the recommended coverage per extinguisher and travel distance is not exceeded,
and further provided no more than one story in height of travel is required to
reach the nearest extinguisher.
c. At least one Class B extinguisher shall be provided in every kitchen
or similar use, having a deep fat fryer and/or grill, preparing food for
public consumption and in every furnace room for which fuel in excess of five
hundred and fifty gallons is stored.
d. All portable fire extinguishers shall be given at least yearly
maintenance and refilling according to the type. They shall be tagged to
show date of maintenance and/or refill, and the name of the person or company
by whom they were serviced. Extinguishers shall be refilled and put in service
immediately following use or discharge or upon any evidence indicating the
extinguishers are not in operating condition. Ail maintenance and refilling
shall be in conformity with applicable standards of the National Fire Protection
Association.
e. All portable fire extinguishers, except those containing carbon
dioxide gas or dry powders, which types should be weighed at least once
each year, shall be discharged and recharged at least once each year and
tagged to show date of recharge and the name of the person or company by
whom they w~e serviced.
f. Soda-acid, foam, loaded stream and pressure type extinguishers damaged
by freezing or other cause, shall be promptly replaced. Damaged extinguishers
of other types shall be promptly replaced or repaired. Any extinguisher not having
had a hydrostatic test within five years shall be so tested, by a reputable
firm, upon request of the city fire marshal.
(34) Delete Section 14.5, substituting the following:
Section 14.5. Safeguarding Building Construction and Demolition Operations.
Observance of fire prevention regulations required under Section 1319.0
of the City of Fairfax Building Code shall be deemed evidence of compliance
with N.F.P.A. No. 241, Standard for Safeguarding Building Construction and
Demolition Operations, 1968 edition.
(35) Add to Section 16.13, subsection a., a new subparagraph numbered (3) to
read as follows:
Section 16.13, a, (3).
For the storage of flammable liquids in above or below ground tanks
when such flammable liquid is for private and personal use only or for
agricultural use only, and the tank capacity does not exceed 275 gallons~
Ail other applicable requirements are to be met.
' 1972-18
(36) Delete Section 16.996, b, and insert the following:
17
Section 16.996, b.
No tank vehicle designed for the transportation of flammable or combustible
liquids shall be parked out of doors at any one point, for longer than one hour
unless it is off the street and at least 100 feet from any building used for
assembly, institutional or residential occupancy and other such tank vehicle.
These parking restrictions shall not apply to the parking of tank vehicles
when parked at a terminal approved for such parking purposes.
(37) Delete Section 21.10, b, and insert the following:
Section 21.10, b.
Tank vehicles used for the transportation of flammable compressed gas or
flammable gas shall not be parked out of doors at any one point for longer than
one hour unless it is off the street and at least 100 feet from any building
used for assembly, institutional or residential occupancy or other-tank vehicle.
These parking restrictions shall not apply to the parking of tank vehicles parked
at a terminal approved for such parking purposes.
(38) Add the following wording to the last sentence of Section 27.11.
· . . and by the requirements of Table 10 (occupancy allowances) of the City
of Fairfax Building Code.
(39) Delete Section 28.1 and substitute the following:
Section 28.1. Bonfires and Open Fires.
a. Ail requirements of the City of Fairfax Air Pollution Control
Ordinance shall be met.
b. No person shall kindle, maintain, authorize or permit any bonfire or
other open fire on or in any street, alley, road, land or public grounds or
upon any private lot, where such fire may endanger other property.
c. Ail fires, except those in approved waste burners, shall be attended
by a competent person until completely extinguished.
d. An approved waste burner shall be a burner or incinerator constructed
of masonry, metal or other noncombustible material with no vent opening greater
than one inch, greatest dimension, unless baffled so as to prevent the discharge
of live sparks.
eo Burning by persons engaged in clearing land shall be permitted only
under the following conditions: (1) A permit shall be secured when the material
to be burned includes tree trunks and stumps and when the fire is to or can
be expected to continue burning beyond the day on which it is started. (2) The
person clearing land shall be responsible at all times. (3) The fire shall be
attended by a competent person twenty-one years of age or over until completely
extinguished. (4) The location of the fire shall not be less than fifty feet
from any structure and/or property line provided that the fire marshal may require
a greater clearance if local conditions make such clearance hazardous. (5) Before
burning commences, the person responsible shall notify Fire Alarm Headquarters
of the starting time and approximate length of time of burning.
1972-18
18
f. The City fire marshal may prohibit any or all bonfires and outdoor
rubbish fires when atmospheric conditions or local circumstances make such
fires hazardous. Such prohibition shall take place only after approval by
the City Manager.
(40) Delete Section 28.6 and substitute the following:
Section 28.6. Accumulations of Waste Materials.
a. Waste paper, combustible trash, cardboard, wood or other combustible
materials shall not be allowed to accumulate in any building subject to
inspection under this Code, unless it is stored in a closed metal container.
b. Accumulation of waste paper, hay, grass, straw, weeds, litter or
combustible or flammable waste or rubbish of any kind shall not be permitted
within twenty-five (25) feet of a building or structure, except when contained
in a closed metal container.
c. Lap, trimmings or similar remnants resulting from the cutting of timber,
pruning of trees or clearing of land shall not be piled within fifty (50) feet
of a property line or public right-of-way.
(41) Delete Section 28.16, substituting the following:
Section 28.16. Designation of Fire Lanes.
The City fire marshal shall designate fire lanes on public streets and
on private property where necessary for the purpose of preventing parking in
front of or adjacent to fire hydrants and to insure access for fire fighting
equipment. Marking and signs to designate fire lanes shall be provided by
the owners or their agents of the property involved. It shall be unlawful
for any person to park in or otherwise obstruct such designated and marked
areas.
(42) Add new Section numbered 28.17 to read:
SectiOn 28.17. Doors Blocked from Inside to be Marked.
Every outside door in a building used for manufacturing or storage
purposes, which is blocked by storage or use inside, shall have a sign on
the outside of the door marked with the words "NO ACCESS" in black letters
at least six inches high on a white background.
Sec.
Establishment of limits of districts in which storage of flammable
liquids in outside aboveground tanks is to be prohibited.
(a) The limits referred to in Section 16.22, a., of the Fire Prevention Code
in which storage of flammable liquids in outside aboveground tanks is prohibited
are hereby established as follows: Ail areas except those zoned I-2.
(b) New bulk plants for flammable liquids are prohibited in all districts
except those ~zoned ~-2.
Sec. 8-17.
Establishment of limits in which bulk storage of liquefied petroleum
gases is to be restricted.
Bulk storage of liquefied petroleum gas is mestri~ted in all districts except
those zoned I-2.
Sec.
1972-18 19
Establishment of limits of districts in which storage of explosives and
blasting a~ents is to be prohibited.
The storage of explosives and/or blasting agents within the City limits is
prohibited.
Sec. 8-19. Waivers.
The City fire marshal shall have power to waive any of the provisions of the
Fire Prevention Code upon application in writing 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 the Code; provided, that the spirit of the Code shall be observed
and public safety secured. The particulars of such waiver when granted or allowed
and the decision of the City fire marshal thereon shall be entered upon the records
of the office and a signed copy shall be furnished the applicant.
Sec. 8-20. Appeals.
Whenever the City fire marshal shall disapprove an application or refuse to
grant a permit applied for or when it is claimed that the provisions of the Fire
Prevention 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 City fire marshal to the City C ounc|] within five days from the date
of the notice of the decision.
Sec. 8-2[. New matertals~ processes or occupancies which may require permits.
The City Co un c il upon recommendation by the City fire marshal 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 Fire Prevention Code.
The City fire marshal shall post such list in a conspicious place in his office
and distribute copies thereof to interested persons.
Sec. 8-22. Enforcement.
The Fire Prevention Code shall be enforced by the office of the fire marshal.
Sec. 8-23. Penalties.
Any person who shall violate any of the provisions of the Fire Prevention
Code adopted by Section 8-19 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 or 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
Clty Council within the time fixed herein, shall severally for each and every such
violation and noncompliance respeetively be guilty of a violation of this chapter,
punishable as provided in Section 1-7. The imposition of one penalty for any violation
sh~ll not excuse the violation or permit it to conttnue~ and all such persons shall
be required to correct or remedy such violations or defects within a reasonable time.
When not otherwise specified, each day that prohibited conditions are maintained
shall constitute a separate offense. The application of the above penalty shall
not be held to prevent the enforced removal of prohibited conditions.
THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON ITS PASSAGE.
20
Introduced: July 5, 1972.
Adopted: August 15, 1972.
Attest:
Ci~ Clerk