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19780418 1978-10ORDINANCE NO. 1978-10 AN ORDINANCE AMENDING THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, TO AMEND AND RE-ENACT CHAPTER 8 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, PROVIDING FOR FIRE PROTECTION AND PREVENTION. BE IT ORDAINED by the Council of the City of Fairfax, Virginia, that Chapter 8 of the Code of the City of Fairfax, Virginia, providing for fire protection and prevention, be and the same hereby is, amended and re-enacted in its entirety as follows: Chapter 8. FIRE PROTECTION. ARTICLE I. City Fire Marshal. Sec. 8-1. Sec. 8-2. Sec. 8-3. Sec. 8-4. Office created; appointment. Deputy city fire marshal. Oath of office. Powers of city fire marshal. ARTICLE II. In General. Sec. 8-5. Sec. 8-6. Sec. 8-7. Sec. 8-8. Sec. 8-9. Sec. 8-10. Sec. 8-11. Sec. 8-12. Inspections. Authority at fires and other emergencies. Compliance With orders. Interference with operations. Use of fire apparatus, equipment, etc., within city. Unlawful boarding or tampering with fire or rescue vehicles. Damage or injury to equipment or personnel. Penalty. ARTICLE III. Fire Prevention Code. Sec. 8-13. Sec. 8-14. Sec. 8-15. Sec. 8-16. Sec. 8-17. Sec. 8-18. Adopted. Amendments; additions; deletions. Enforcement. Waiver of provisions of Fire Prevention Code. Permits and fees. New materials, processes or occupancies which may require permits. ARTICLE IV. Appeals. Sec. 8-19. Sec. 8-20. Sec. 8-21. Sec. 8-22. Appeals.from actions of fire marshal. Procedure generally. Withdrawal. Records of proceedings. 1978-10 ARTICLE I. City Fire Marshal. Sec. 8-1. Office created; appointment. The office of city fire marshal is hereby created. The director of the department of fire and rescue services is hereby appointed as the city fire marshal. Sec. 8-2. Deputy fire marshal. The office of deputy city fire marshal is hereby created. The city council may, upon recommendation of the city manager, appoint one or more deputy city fire marshals to act as assis- tants to the city fire marshal. In the absence of the city fire marshal, a deputy city fire marshal shall have the powers and perform the duties of the city fire marshal. Sec. 8-3. Oath of office. Before entering upon their duties, the city fire marshal and every authorized deputy city fire marshal shall each take an oath before any officer authorized to administer oaths, faithfully to discharge the duties of their respective offices. Sec. 8-4. Powers of city fire marshal. In addition to all powers conferred upon the city fire marshal and his deputies pursuant to this chapter and by general law, the city council hereby authorizes the city fire marshal to exercise the power to arrest, to procure and serve warrants and to issue summons, as provided in section 27-34.2 of the 1950 Code of Virginia, as amended, the general police pow- er as provided in section 27-34.2:1 of the said Code, and the power to order immediate compliance with the law or to prohibit use of a building or equipment as provided in section 27-34.3 of the said Code; provided, that the city fire marshal shall not exercise any of the powers provided in the said sections until such time as he has complied with the requirements set - 2 - 1978-10 forth therein; and, provided, further, that such powers shall be exercised only by the city fire marshal and not by any deputy city fire marshal. ARTICLE II. In General. Sec. 8-5. Inspections. a) The city fire marshal, as often as may be deemed necessary, may inspect areas, buildings or premises, except single-family dwellings, to determine the fire safety thereof. Whenever, as a result of such inspection, he finds conditions dangerous to the fire safety of such areas, buildings or premises, or the occupants thereof, because of the presence of combustible materials, want of repairs, obsolete or dilapidated condition, lack of sufficient fire escapes or exits or from any other cause, he shall order such dangerous condition or con- ditions to be remedied or removed. b) The city fire marshal may, as often as may be deemed necessary, inspect all hazardous manufacturing processes, storage, installation and handling of gases, chemicals, oils and other flammable materials, all interior fire alarm systems, standpipes and automatic sprinkler systems for the purpose of ascertaining and causing to be corrected any hazardous conditions liable to cause fire, or any violation of any provisions of this chapter. c) The city fire marshal may, at all reasonable hours, enter any area, building or premises in the city, except single- family dwellings, for the purpose of making any inspection, which under any provision of this chapter or the Fire Prevention Code adopted by this chapter, is necessary. Sec. 8-6. Authority at fires and other emergencies. The director of the department of fire and rescue services or his duly authorized representatives, as may be in charge at - 3 - 1978-10 the scene of a fire or other emergency involving the protection of life and/or property, is empowered to maintain order at the fire or its vicinity, direct the actions of the fire fighters at the fire, keep bystanders or other persons at a safe distance from the fire and fire equipment, facilitate the speedy movement and operation of fire-fighting equipment and fire fighters, and until the arrival of a police officer, direct and control traffic in person or by deputy and facilitate the movement of traffic. The director or other officer in charge shall display his fire fighter's badge, or other proper means of identification. Notwithstanding any other provision of law, this authority shall extend to the activation of traffic control signals designed to facilitate the safe egress and ingress of fire-fighting equipment at a fire station. Any person or persons refusing to obey the orders of the director or his deputies or other officer in charge at that time shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than ten dollars nor more than one hundred dollars. The director or other officer in chargl shall have the power to make arrests for violation of the provi- sions of this section. Sec. 8-7. Compliance with orders. If any person at a fire or other emergency involving the protection of life and/or property refuses or neglects to obey any order duly given by the director of the department of fire and rescue services or other officer in command, he shall, upon conviction of such offense, be fined not to exceed one hundred dollars. - 4 - 1978-10 Sec. 8-8. Interference with operations. It shall be unlawful to interfere with, attempt to inter- fere with, conspire to interfere with, obstruct or restrict the mobility of, or block the path of travel of any fire or rescue emergency vehicle in any way, or to interfere with, attempt to interfere, conspire to interfere with, obstruct or hamper any operation of the department of fire and rescue services. Sec. 8-9. Use of fire apparatus~ equipment, etc., within city. a) 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 city or any other recognized fire fighting company of the city. b) 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. c) 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 vehicles or equipment are traveling in or through the city for parade or other non-fire fighting purposes or in response to a call from the office dis- patching fire equipment in or for the city. Sec. 8-10. Unlawful boarding or tampering with fire or rescue vehicles. It shall be unlawful for any person, without proper authoriz tion from the officer-in-charge of said vehicle, to cling to, attach himself to, climb upon or into, board, or swing upon any - 5 - 1978-10 fire or rescue vehicle, whether such vehicle is in motion or at rest or to sound any warning device thereon or to manipulate, tamper with, or destroy or attempt to manipulate, tamper with, or destroy any lever, valve, switch, starting device, brake, pump or any equipment, protective clothing, or tool on or a part of such fire or rescue vehicle. Sec. 8-11. Damage or injury to equipment or personnel. It shall be unlawful for any person to damage or deface, or attempt, or conspire to damage or deface any fire or rescue vehicle at anytime, or to injure, or attempt to injure or conspire to injure personnel of the department of fire and rescue services or of any recognized fire fighting company while such personnel are in the performance of their duties. Sec. 8-12. Penalty. Any person, firm, partnership or corporation who shall violat any of the provisions of this chapter or the Fire Prevention Code adopted by this chapter or who shall fail to comply therewith or who shall violate or fail to comply with any order made thereundel 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 city building code board of appeals within the time fixed herein, shall severally for each and every such violation and noncompliance respectively be guilty of a clas I misdemeanor, punishable as provided in section 1-7. 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 withir 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. - 6 - 1978-10 ARTICLE III. Fire Prevention Code. Sec. 8-13. Adopted. a) 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 BOCA Basic Fire Prevention Code/1978, fourth edition thereof and the whole thereof, except such portions as are deleted modified or amended by this article. b) A reasonable number of copies of said Code but not less than one copy will be on file in the office of the city fire marshal and are available 8:30 A.M. until 5:00 P.M., Monday throug] Friday, inclusive, except for legal holidays and the same are hereby adopted and incorporated as fully as if set out at length herein. Sec. 8-14. Amendments; additions; deletions. a) The Fire Prevention Code adopted by section 8-13 is hereb amended and changed in the following respects: 1) F-104.0 Board of Appeals. Delete in its entirety. 2) F-106.2 Frequenc%. Delete and substitute the following: In educational occupancies fire drills shall be held as follows: once a week for the first month school is in session and at least once a month each month thereafter. In institutional occupancies fire drills shall be held at least once every two months on each work shift. During severe weather, fire drills may be postponed. 3) F-301.7 Endangering other pr.opert%. Add subsection F-301.7 as follows: No person shall kindle nor authorize to be kindled nor maintain any permitted f in such a manner that it will endanger the property of another. - ? - ~e 1978-10 4) 5) 6) 7) 8) F-312.0 F-303.0 Torches for removinA paint. Add the followi words to the title: OR SWEATING PIPE JOINTS. F-303.1.1 Sweating joints. Add subsection F-303.1.1 as follows: Any person using a torch or other flame- producing device for sweating pipe joints in any building or structure shall have available in the immediate vicinity where the sweating is done one approved fire extingisher or water hose connected to a water supply. Combustible material in the close proximity of the work shall be protected against ignition by shielding, wetting or other approved means. In all cases, a fire watcher shall remain in the vicinity of the sweating operation for one-half (1/2) hour after the torch or flame producing device has been used. F-304.1 General. Delete the last two (2) words of the third sentence (metal containers) and substitute the following: ... noncombustible containers equipped with tightfitting lids. F-308.3.1 Other regulations. Add subsection F-308. as follows: All incinerators and their operations shall comply with the requirements of the Air Pol- lution Control Ordinance and the Virginia Uniform Statewide Building Code. COOKING DEVICES. Add section F-312.0, as follows: F-312.1 General. No charcoal cooker, brazier, hibachi or grill or any gasoline or other flammable liquid or liquefied petroleum gas fired stove or similar device shall be ignited or used on the balconies of any apartment building or similar occupancy. The management of su, - 8 - 1978-10 occupancies which have balconies shall notify their tenants in writing of this Code requirement at the time the tenant initially occupies the apartment and from time to time thereafter as may be necessary to insure compliance. 9) F-313.0 CARNIVAL AND CIRCUS. Add section F-313.0 as follows: F-313.1 General. Prior to the issuance of an occupancy permit for the establishment, erection or operation of any carnival or circus, the fire official shall review and approve the designation of an access lane at least fifteen (15) feet in width and capable of supporting fire and rescue apparatus, in all weather conditions and sc arranged as to afford access to within fifty (50) feet of all booths, tents, rides and other equipment, buildings or structures used as part of or in conjunc- tion with such carnival or circus. The maintenance of such an access lane shall be a condition of the occupancy permit. 10) F-314.0 STORAGE~ DISPLAY OR REPAIR. Add section F-314.0 as follows: F-314.1 General. It shall be unlawful to store, display or repair any vehicle, tool or equipment that has a fuel tank that contains a flammable or combustible liquid or'liquefi~ petroleum gases as a source of fuel, in or on any building or structure or part thereof, unless such vehicle, tool or equipment is stored, displayed or repaired within a fire-rated area accessible only fro~ the exterior of the building or structure. This - 9 - 1978-10 ll) section shall not apply to single-family dwellings used exclusively for residential purposes. F-400.2 Installations. Delete the last sentence and substitute the following: Plans and specifications sl be reviewed and approved by the fire official prior to the issuance of the building permit. 12) F-402.6 Tampering. Add subsection F-402.6 as follow~ It shall be unlawful for any person to tamper with, damage, destroy or to use without just cause or autho ization any fire protection system or fire extinguish installed in any building or structure within the municipality. 13) F-402.7 Hydrants and water mains. Add subsection F-402.7 as follows: It shall be unlawful for any person to use, tamper with, damage or destroy any fir, hydrant, valve, or water main within the municipality except that fire departments may use such hydrants for fire fighting or training purposes, or a person who has obtained a permit for use from a public authority or utility having jurisdiction over said items. When use is by a person under permit from the authority having jurisdiction, all policies as outlin~ on said permit or application shall be complied with. 14) F-402.7.1 Obstruction. Add subsection F-402.7.1 as follows: No person shall plant or erect any obstruc- tion within four (4) feet of any fire hydrant. 15) F-406.9 Remote manual pull stations. Add the follow. ing sentences: Such manual pulls shall be clearly identified as to what their purpose is; and if more t one manual pull is provided, each pull shall be identified as to area or system it controls. Such - 10 - 1978-10 identification shall be provided on a clearly legible sign located immediately above such manual pull. 16) F-501.2 Storage. Delete and substitute the followin Combustible or flammable material shall not be placed stored or kept in any portion of an exitway or elevator car or hoistway or at the bottom of a stair- way, fire escape or other means of escape. 17) F-501.3 Display. Add the following sentence: Showcases or temporary displays shall not be placed or piled so as to obstruct exterior doors of any building or structure when such building or structure is closed to the public. 18) F-501.5 Exterior access. Add subsection F-501.5 as follows: Any outside doors which are blocked by storage or other use inside, shall have a sign on the outside of such door with the words "NO ACCESS" i~ six (6) inch black letters on a white background. This subsection shall not be construed to permit the blocking of any outside door which is otherwise required to be kept free of obstruction by this Code. 19) F-1700.3 Installation~ operation and maintenance. Delete and substitute the following: Ail service stations, garages, buildings, storage areas, premises and equipment shall be installed, operated and main- tained in a safe condition at all times and in conforl ance with N.F.P.A. 30 as listed in Appendix B of the Code and all other applicable provisions of this Code. 20) F-2701.5 Reports. Add subsection F-2701.5 as follow a) The city fire marshal's office shall be immediate notified by telephone of the loss or theft of any - 11 - 1978-1Q b) 21) F-2703.2 explosives. This verbal notification shall be immediately followed by a letter to the fire marshal's office giving complete details as to type, amounts, manufacturer and all other rele- vant facts. If at anytime explosives are found not properly stored in a magazine, it shall immediately be reported to the city fire marshal's office who will take possession thereof for the purpose of safeguarding or disposal of such explosives. Control in wholesale and retail stores. Delete and substitute the following: The storage or display of explosives and blasting caps in wholesale and retail stores is prohibited. 22) F-2704.10 Fire extinguisher. Delete and substitute following: Each motor vehicle used for transporting explosive materials shall be equipped with two (2) fire extinguishers having a combined rating of at least 2A-10B:C. One extinguisher shall be located in the driver's compartment near the driver's seat and the other shall be placed in some other location on the vehicle. Both extinguishers shall be filled and ready for immediate use. 23) F-2903.4 Other accepted use. Add subsection F-2903. as follows: Aboveground tanks may be used for the storage of flammable or combustible liquids to be used as motor fuel for agricultural or privately owned vehicles. Such tanks shall have a maximum two hundred seventy-five (275) gallon capacity and shall located on property under the control of the owner of such vehicles. Ail other applicable regulations - 12 - 1978-10 and requirements of this Code and other applicable laws shall be met. 24) F-2907.3 Driver responsibility. Add subsection F-2907.3 as follows: The driver, operator or attendant of any tank vehicle shall, before he dis- charges any liquid from such tank vehicle, take all necessary precautions to prevent the overflow of any tank into which he is discharging flammable or combustible liquids. 25) F-2907.4 Smoking. Add subsection F-2907.4 as follow It shall be unlawful for any driver, operator, attendant or passenger to smoke in, on or around any tank vehicle hauling or used to haul any flammable or combustible liquid. The driver, operator, or attendant of any tank vehicle shall prevent persons in the vicinity of any loading or unloading opera- tion from smoking, lighting matches or other flame or spark producing devices or carrying any flame or lighted cigar, pipe or cigarette. 26) F-3104.5 Driver responsibility.. Add subsection F-3104.5 as follows: The driver, operator, or attendant of any tank vehicle or delivery vehicle shall take all necessary precautions to prevent overfilling any tank into which he is discharging L.P.G. F-3104.6 Smoking. Add subsection F-3104.6 as follows: It shall be unlawful for any driver, opera- tor, attendant, or passenger to smoke in, on or around any tank vehicle hauling or used to haul L.P.G. The driver, operator or attendant of any 27) - 13 - 1978-10 tank vehicle shall prevent persons in the vicinity of any loading or unloading operation from smoking, lighting matches or other flame or spark producing devices or carrying any flame or lighted cigar, pipe or cigarette. b) In all other respects, the Fire Prevention Code adopted by section 8-13 shall remain in full force and effect. Sec. 8-15. Enforcement. The city fire marshal shall be the designated enforcement officer of the Fire Prevention Code adopted by this chapter. Sec. 8-16. Waiver of provisions of Fire Prevention Code. The city fire marshal shall have power to waive any of the provisions of the Fire Prevention Code upon application in writin 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 such Code; provided, that the spirit of such 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. 8-17. Permits and fees. a) The following fees shall be charged for permits required by the designated article of the Fire Prevention Code adopted by this chapter. Article Article Article Article 3 - Bonfire and other outdoor burning .......................... $10.00 3 - Use of open flame device to remove paint ..................... $10.00 3 - Storage of combustible or flammable materials (in excess of 2,500 cubic feet) ............. $10.00 4 - To install, extend, modify, alter or remove fire protec- tion systems ................. As required by the Building Code - 14 - 1978-10 Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article 6 - Operation of airport, heliport or helistop ..................... $20.00 7 - Application of flammable fin- ishes (in excess of 1 gallon per day) ........................ $10.00 8 - Bowling establishments, pin and lane refinishing ............ $10.00 9 - Drycleaning plants .............. $10.00 10 - Dust producing processes ........ $10.00 11 - Fruit ripening processes ........ $10.00 12 - Fumigation and thermal in- secticidal fogging .............. $10.00 13 - Lumber yards and woodworking plants (storage or use of more than 100,000 board feet) ........ $10.00 15 - Oven and furnaces (operation of industrial types) ............ $10.00 16 - Places of assembly - Theatre ......................... $25.00 - Other assembly except solely religious ....................... $15.00 17 - Service station and garages ..... $15.00 18 - Tents and air-supported struc- tures (over 120 square feet) .... $10.00 19 - Tire rebuilding plants .......... $10.00 20 - Wrecking and junk yards and waste handling plants ........... $10.00 21 - Welding or cutting, acetylene generators, storage of calcium carbide ................. $10.00 22 - Cellulose nitrate motion pic- ture film (use or storage) ...... $10.00 23 - Cellulose nitrate plastics (use or storage) ................ $10.00 24 - Combustible fibres (storage or handling) ....................... $10.00 25 - Compressed gases (use, storage or handling) .................... $10.00 26 - Cryogenic liquids (production, use, storage, sales) ............ $10.00 27 - Explosives, ammunition and blasting agents - Storage and transportation ...... $10.00 - Use (each site) ................. $10.00 28 - Fireworks (Retailer and/or wholesaler)...$100.00 29 - Flammable and combustible liquids (manufacture, use, transportation or storage) ...... $50.00 30 - Hazardous materials and chemicals (use and storage) ..... $10.00 31 - Liquefied petroleum gases (installation of containers over 2,000 gallons water capa- city and all installations at public places) ............... $10.00 32 - Magnesium (working of more than 10 pounds per day) ......... $10.00 33 - Matches (manufacture of or storage of more than 25 cases)..$10.00 34 - Organic coatings (manufacture of more than 1 gallon per day)..$10.00 No fee shall be charged for permits for displays fireworks. - 15- of 1978-10 b) Ail 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 resur- facing which shall be renewed for each resurfacing operation. Sec. 8-18. New materials~ processes or occupancies which may require permits. The city council, 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 conspicuous place in his office and distribute copies thereof to interested persons. ARTICLE IV. Appeals. Sec. 8-19. Appeals from actions of fire marshal. Whenever the city fire marshal shall disapprove an applica- tion 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 such Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the city fire marshal to the city building code board of appeals within five days from the date of the notice of the decision. Application for such a hearing shall be made in writing on the appropriate form provided by the city fire marshal and shall be filed in the office of the city fire marshal. Sec. 8-20. Procedure generally. Appeals to the city building code board of appeals 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. The city building code - 16 - 1978-10 board of appeals shall conduct the hearing and render its decision in the same manner as it does in appeals from the decisions of the building official heard before it. Sec. 8-21. Withdrawal. 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 building code board of appeals shall, by written notice, close the docket and fix the time for compliance with the order of the city fire marshal. Sec. 8-22. Records of proceedings. The city building code board of appeals shall keep a public record of its proceedings. This ordinance shall take effect on May 1, 1978. Introduced: Adopted: ATTEST: April 4, 1978 April 18, 1978 - 17 -