Loading...
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