19880531 1988-12ORDINANCE NO. 1988-12
ARTICLE I. In General
Sec. 9-1. Authority of the Chief and his Representatives at
Fires and Other Emergencies.
The Chief of the City of Fairfax Fire and Rescue Services, or
his duly authorized representatives, as may be in charge at the
scene of a fire or other emergency involving the protection of
life or property, is empowered to maintain order at the fire and
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 Chief or other officer in charge shall display his
firefighter'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 Chief or his deputies or other officer in
charge at that time shall be guilty of a Class 4 misdemeanor.
The Chief or other officer in charge shall have the power to
make arrests for violation of the provisions of this section.
(Ord. No. 1978-10; Ord. No. 1979-26.)
Sec. 9-2. Compliance with Orders.
If any person at a fire or other emergency involving the
protection of life or property refuses or neglects to obey any
order duly given by the Chief or other officer in command, he
shall, upon conviction of such offense, be fined not to exceed
one hundred dollars. (Ord. No. 1978-10; Ord. No. 1979-26.)
Sec. 9-3. Interference with Operations.
It shall be unlawful to interfere with, attempt to interfere
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 with, conspire to interfere with, obstruct or hamper
any operation of the Department of Fire and Rescue Services.
(Ord. No. 1978-10.)
Sec. 9-4. 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 purpose 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
1988-12
-2
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 dispatching fire equipment in
or for the City. (Ord. No. 1978-10.)
Sec. 9-5. Unlawful Boarding or Tampering with Fire or Rescue
Vehicles.
It shall be unlawful for any person, without proper
authorization from the officer-in-charge of said vehicle, to
cling to, attach himself to, climb upon or into, board or swing
upon any 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. (Ord. No.
1978-10.)
Sec. 9-6. 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 any time, 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. (Ord.
No. 1978-10.)
Sec. 9-7. Penalty.
Except as otherwise noted, any person, firm or corporation who
shall violate any of the Sections of this Chapter or any
additions to the Virginia Statewide Fire Prevention Code adopted
by Section 9-14 or shall fail to comply therewith, or who shall
violate or fail to comply with any order made thereunder, or who
shall fail to comply with such an order within the time fixed
therein shall separately for each and every such violation and
noncompliance respectively, be guilty of a violation of this
Chapter, and shall, upon conviction, be guilty of a Class 1
misdemeanor. Each day that a violation continues after a
service of notice as provided for in this Code shall be deemed a
separate offense. (9-16-59, 10; 3-13-68; 1961 Code, 12-28; 15-
76-62.)
1988-12
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ARTICLE II. Fire Marshal
Sec. 9-8. Office created; Appointment.
The Office of City Fire Marshal is hereby created. The City
Council may, upon the recommendation of the City Manager,
appoint the City Fire Marshal. (Ord. No. 1978-10; Ord. No.
1979-26.)
Sec. 9-9. Fire Inspector/Investiqator.
The position of the Fire Inspector/Investigator is hereby
created. The City Council may, upon recommendation of the City
Manager, appoint one or more fire inspectors/investigators who
shall be deemed Assistant City Fire Marshals. In the absence of
the City Fire Marshal, an Assistant Fire Marshal shall have the
powers and perform the duties of the City Fire Marshal. (Ord.
No. 1985-30, s 1, 10-22-85)
Sec. 9-10. Oath of Office.
Before entering upon their duties, the City Fire Marshal and
the Assistant City Fire Marshals shall each take an oath, before
any officer authorized to administer oaths, to faithfully
discharge the duties of their respective offices. (Ord. No.
1978-10; Ord. No. 1982-6, s 2, 2-2-82; Ord. No. 1985-30, s 2,
10-22-85)
Sec. 9-11. Powers of City Fire Marshal
In addition to all powers conferred upon the City Fire Marshal
pursuant to this chapter and by general law, the City Council
hereby authorizes the City Fire Marshal and the Assistant Fire
Marshals 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 power
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
building or equipment as provided in Section 27-34.3 of the said
Code; provided, that the City Fire Marshal and the Assistant
Fire Marshals shall not exercise any of the powers provided in
the said sections until such time as they have complied with the
requirements set forth therein. (Ord. No. 1978-10; Ord. No.
1982-6, s 3, 2-2-82)
1988-12
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iL~?ICI~ III. Fire Prevention Code
sec. 9-13. Enforcement of the Virginia Statewide Fire
Prevention Code and Additional Regulations to thcs Code byth~
City of Fairfax.
The City of Fairfax shall enforce the Virginia Statewide Fire
Prevention Code promulgated by the Board of Housing and
Community Development of the Commonwealth of Virginia pursuant
to Section 27-98 of the Code of Virginia. The provisions of the
Virginia Statewide Fire Prevention Code and the additional
regulations to this Code adopted by the City of Fairfax,
Virginia shall be enforced by the City Fire Marshal, and, under
the authority of the Fire Marshal the Assistant Fire Marshals
and individuals designated according to Section F-102.1.1. The
Fire Marshal and Assistant Fire Marshals shall have all of the
powers of the local fire official and the local arson
investigator set forth in Title 27 of the Code of Virginia, and
all of the powers of the fire official and the enforcing agency
set forth in the Virginia Statewide Fire Prevention Code and the
additional regulations to this Code adopted by the City of
Fairfax, Virginia.
The provisions set forth herein including the additional
regulations shall be known as the Virginia Statewide Fire
Prevention Code as enforced and adopted by the City of Fairfax
and shall be herein referred to as such or as the City of
Fairfax Fire Prevention Code or the Code.
Sec. 9-14. Additions, Deletions to the Virginia Statewide Fir,
Prevention Code.
The City of Fairfax hereby adopts the additional regulations
to the Virginia Statewide Fire Prevention Code pursuant to
Section 27-97 as follows:
F-102.1 Enforcement Officer. The provisions of the Virginia
Statewide Fire Prevention Code and the additional regulations
shall be enforced by the Fire Marshal of the City of Fairfax and
Assistant City Fire Marshals, also herein referred to as the
Fire Marshal's Office, the Fire Marshal, Assistant Fire Marshal,
the Fire Prevention Bureau or the fire official.
F-102.1.1 Inspections by Others. Add subsection F-102.1.1 as
follows: The Fire Marshal, with approval of the Chief of the
Fire Department, may designate such other qualified persons as
he deems necessary to make fire safety inspections.
F-102.1.2 Impersonation. Add subsection F-102.1.2 as
follows: It shall be unlawful for any unauthorized person to
use a badge, uniform or any other credentials so as to gain
access to any building, vehicle or premises or to otherwise
falsely identify himself as the Fire Marshal or his designated
representative.
F-103.4 Investigation of Fires. Add subsection F-103.4 as
follows: The Fire Marshal shall investigate or cause to be
investigated, every fire or explosion occurring within the City
that is of a suspicious nature or which causes destruction of or
damage to property. Such investigation shall be made at the
time of the fire or at a subsequent time, depending on the
nature and circumstances of the physical evidence and in order
to preserve any physical evidence relating to the cause or
origin of such fire or explosion, take means to prevent access
by any person or persons to such building, structure or premises
1988-12
-5
until such evidence has been properly processed. The City
Police Department, upon request of the City Fire Marshal, shall
assist in the investigation as needed. The results of any such
investigation shall be forwarded, by the Fire Marshal, to the
Commonwealth's Attorney for proper disposition.
F-103.4.1 Powers of Arrest. Add subsection F-103.4.1 as
follows: The Fire Marshal and Assistant Fire Marshals permitted
under Title 27 of the Code of Virginia to do so shall have the
same police powers as a regular member of the City Police
Department and shall be responsible for the investigation and
prosecution of all offenses involving fires, fire bombings,
bombings, attempts or threats to commit such offenses, false
alarms relating to such offenses, possession and manufacture of
explosive devices, substances, and fire bombs, and other
offenses involving the calling or summonsing of fire or rescue
equipment without just cause in violation of the Code of
Virginia or the Code of the City of Fairfax.
F-103.4.2 Responsibility. Add subsection F-103.4.2 as
follows: It shall be the responsibility of the Fire
Department's Officer-in-Charge, or his designee, to file with
the Chief of the Fire Department, in such form as he shall
prescribe, a report of every fire, explosion, or incident to
which apparatus or equipment responds. Such reports shall be
filed at such time and location prescribed by the Chief of the
Fire Department.
F-103.4.3 Summoninq the Fire Marshal. Add subsection F-
103.4.3 as follows: The Fire Department Officer-in-Charge at
the scene of any fire, explosion or incident scene shall
immediately summons the Fire Marshal or Assistant Fire Marshal
to such scene to investigate the circumstances involved where
such circumstances require investigation as outlined in F-103.4
of this Code.
F-103.6 Notification of Fire Department. Add subsection F-
103.6 as follows: In any building subject to inspection under
any provision of this Code or any other Code adopted or enforced
by the City of Fairfax, Virginia, where there is a fire or
evidence of a recent fire, even though extinguished, that fact
shall be immediately reported by the owner, manager, person in
control of the building at the time of discovery or the City
Inspector to the Chief of the Fire Department or his designee.
F-104.5 Conditions of Permit. Insert the following words on
the ninth line after the words "Permits are not transferable":
"from one address to another".
1988-12 -6
Article 3
Article 3
- Bonfire or outdoor burning
Residential bonfire or outdoor burning
- Use of open flame device for removing
paint
$10.00
$10.00
Article 3
Article 3
Article 3
Article 5
- Storage of Combustible or flammable
materials (in excess of 2,500 cubic feet)
- Storage or handling of over 25 pounds
of pyroxylin plastics
- Storage or handling of over 25 pounds
of cellulose nitrate film
- Reinspection and testing of existing
fire protection equipment and systems
$10.00
$ .00
$10.00
$ .00
Article 8 - Operation of airport, heliport or
helistop
Article 9 - Application of flammable or combustible
finishes (in excess of one gallon per day)
Article 10 - Bowling establishments, pin and lane
refinishing
Article 11 - Crop ripening or coloring process
Article 12 - Dry cleaning plants
Article 13 - Dust explosion hazards and dust producing
processes
Article 14 - Fumigation and thermal insecticidal
fogging
Article 15 - Lumber yards and woodworking plants
(storage or use of more than 100,000
board feet of lumber)
Article 16 - Oil and gas production
Article 17 - Places of assembly and educational uses
Article 18 - Semiconductor fabrication facilities
using hazardous production materials
Article 19 - Service stations and garages
Article 20 - Tents and air supported structures over
120 square feet in area
Article 21 - Wrecking yards, junk yards and waste
handling plants
Article 22 - Welding or cutting, calcium carbide
and acetylene generators
Article 23 - Combustible fibers (storage or
handling in excess of 100 cubic feet)
$20.00
$10.00
$]0.00
$]o.oo
$10.00
$10.00
$10.00
$]0.00
$ .oo
$]5.00
$ .oo
$15.00
$10.00
$]0.00
$10.00
$]0.00
1988-12 -7
Article 24 - Compressed gases (use, storage, handling)
$10.00
Article 25 - Cryogenic liquids (production, use,
storage and sale)
Article 26 - Explosives, ammunition and blasting agents
Storage, approved over night
Transportation, each vehicle
Use, each site or location
Firm or company license
Certified blasters license
Article 27 - Fireworks
Retailer and/or wholesaler
Article 28 - Flammable and combustible liquids
(manufacture, use, transportation
and storage)
Removal of existing tank(s)
Article 29 - Hazardous materials and chemicals
(use and storage)
Material safety data sheet (MSDS)
or other filing requirements of
SARA, 1986)
Article 30 - Liquefied petroleum gases (installation
of containers over 299 gallons
individual capaCity or 499 gallons
collectively)
Article 31 - Magnesium melting, casting, heat
treating, machining, or grinding of
more than 10 pounds per day
Article 32 - Matches (manufacture or storage of
over 25 cases aggregate
$10.00
$10.00
$100.00
$50.00
$50.00
$10.00
$ .00
$10.00
$10.00
$10.00
Article 33 - Organic coatings (manufacture of over
one gallon per day)
Article 34 - Pesticides storage, handling or
manufacture of more than 25 pounds
or gallons
$ .00
$ .00
1988-12 -8
F-201.0 Applied Meaning of Words and Terms. Add to this
Section the following words, terms and meanings:
The Fire Chief or Chief of the Fire Department: The head of the
City Fire Department, City of Fairfax, Virginia, also referred
to as the Fire Chief or Chief of the Fire Department.
Fire Lanes: An area designated by clearly visible signs in
which parking shall be prohibited, whether on public or private
property, to ensure ready access for and to fire fighting and
rescue equipment and facilities.
Fire Marshal's Office: The City of Fairfax Fire Marshal, and,
under the authority of the Fire Marshal, Assistant Fire Marshals
and other qualified designees per Section F-102.1.1 also
referred to as the Fire Prevention Bureau or the fire official.
Legal Office: Commonwealth,s Attorney for the City of Fairfax.
and/or the Office of the City Attorney for the City of Fairfax.
Occupant: Any person physically located or situated in or on
any property, structure, space or vehicle irrespective of the
length of time or the reason for such occupancy.
City Building Code Board of Appeals: The local Board hearing
appeals of decisions of the Fire Marshal also referred to as the
City Board.
F-301.3 Permit Required. Delete and substitute the
following: If under the requirements of the City of Fairfax Air
Pollution Control Chapter, a bonfire or controlled burning is
allowed, a permit for each such fire shall be obtained from the
fire official. This permit requirement does not apply to
campfires, fire used for the cooking of food, the training of
firefighters under the direction of the Chief of the Fire
Department, or fire set by a public health or safety officer
where a health or fire hazard cannot be abated by any other
means.
F-301.11 Endangering other Property. Add subsection F-301.11
as follows: No person shall kindle nor authorize to be kindled
nor maintain any permitted fire in such a manner that will
endanger the property of another.
F-302.1.1 Negligence. Add subsection 302.1 as follows: If
any person shall carelessly or negligently set fire to or burn
or cause to be burned any property either real or personal,
whether the property of himself or of another, he shall be
subject to the penalties of this Code as set forth in Section
9.7 of this Code.
F-303.0 Torches for the Removal of Paint. Add to read
Torches for Removing Paint or Sweating Pipe Joints.
F-303.3 Sweating Joints. Add the following subsection F-
303.3. 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 (1) approved fire extinguisher or water hose connected to a
water supply. Combustible material in close proximity to the
work shall be protected against ignition by shielding, wetting
or other approved means. In all cases, a fire watch 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.
1988-12 -9
F-303.3.1 Permit Required. Add subsection F-303.3.1 as
follows: A permit shall be obtained from the fire official
according to approved procedures for using a torch or other
flame-producing device for sweating pipe in any building or
structure.
F-304.1 General. After the last two (2) words of the third
sentence, ("metal containers") add the following words:
"equipped with tight fitting lids."
F-305.5 Handling Readily Combustible Materials. Add the
following subsection as follows: No person producing, using,
storing, or having charge of or under their control any
shavings, excelsior, rubbish, sacks, bags, litter, hay, straw or
other combustible waste material, shall fail nor neglect at the
close of each day to cause all such material which is not
compactly baled and stacked in an orderly manner to be removed
from the building or stored in suitable vaults or in metal,
metal-lined or approved noncombustible and covered, receptacles
or bins. Baling equipment deemed suitable by the fire official
shall be installed in stores, apartment buildings, factories and
other buildings where accumulations of paper and waste materials
are not removed at least every day.
F-306.1 General. Delete and substitute the following:
Flammable materials such as paper, cotton batting, straw, cut or
dry vines, leaves, trees, artificial flowers or shrubbery, and
foam plastic materials shall not be used for decorative purposes
in show windows, building lobbies, exits or exit access or other
parts of buildings, or any area of public use in such a quantity
as to constitute a fire hazard. Electric light bulbs shall not
be decorated with paper or other combustible materials.
F-306.4 Storage or Display in Roofed-Over Malls. Add the
following subsection as follows: No combustible goods,
merchandise or decorations shall be displayed or stored in a
roofed-over mall unless approved by the fire official.
F-313.0
follows:
Fire Lanes.
Add and substitute Section F-313.0 as
F-313.1 Designation. Delete and substitute as follows: The
fire official 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
fire department connections and to ensure access to buildings
and structures for fire fighting and rescue apparatus. Fire
lanes shall have a minimum width of 18 feet.
F-313.4 Signs and Markings. Add section F-313.4 as follows:
The property owner or designee shall supply and install signs
and other required markings to delineate fire lanes as directed
by the fire official.
F-313.5 Specifications. Add section F-313.5 as follows:
Fire lanes shall conform to the following specifications:
Approved fire lane signs must meet the following
specifications:
a. Metal construction, dimensions 12 inches by 15
inches.
b. Red letters on a reflective white background with
3/8 inch red trim strip around the entire outer edge
of the sign.
1988-12 -10
c. Lettering size to be as follows:
"NO PARKING" 2 inches
"OR" 1 inch
STANDING"2 inches
"FIRE LANE"2 1/2 inches
arrows 1 inch solid
Spacing between words to be uniform
d®
Other type signs or markings as approved by the fire
official.
Signs shall be posted at intervals and at a height above
the finished grade as directed by the fire official.
Curbing shall be painted yellow within the limits of the
fire lane.
F-313.6 Illegal Use. Add Section F-313.6 as follows:
It shall be unlawful for any person to park, stop, stand
or otherwise obstruct the designated and marked area.
®
In any prosecution under this section, proof that the
vehicle described in the complaint, summons or warrant
was parked in violation of this Code, together with proof
that the defendant was at the time of such parking the
registered owner of the vehicle, shall constitute a prima
facie evidentiary presumption that such registered owner
of the vehicle was the person who parked the vehicle at
the place and at the time such violation occurred.
In addition, the vehicle parked in violation of this
section, may be impounded by the City of Fairfax Police
Department or the City Fire Marshal's Office and held
until the penalty provided and the towing and storage
charges incurred are paid.
This section shall be enforced by the City Fire Marshal
or his staff and the City Police Department.
0
Penalty for violation of this section shall be a fine of
twenty-five dollars ($25.00) for each offense.
F-313.7 Existing signs. Add subsection F-313.7 as follows:
It shall be unlawful for any person to deface, injure, tamper
with, remove, destroy or impair the usefulness of any posted
fire lane sign installed under the provisions of this Code.
F-318.0 Cooking devices. Add section F-318.0 as follows:
F-318.1 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 or within 15 feet of any apartment building or
other structures with similar occupancy. The management of such
occupancies which have balconies shall notify their tenants in
writing of the Code requirement when the tenant initially
occupies the apartment and periodically thereafter as may be
necessary to ensure compliance.
F-318.2 Approved Cooking Devices. Add subsection 318.2 as
follows: Cooking devices listed under Section F-318.1 using
either electric or natural gas as a fuel source and listed by
recognized testing authority will be exempt from the
prohibitions listed in F-318.1. The cooking device shall also
be designed or approved for the use of lava rocks or permanent
bricketts only.
1988-12 -11
F-318.3 Cooking Device storaae. Add subsection 318.3 as
follows: The storage of cooking devices using flammable or
combustible liquids or liquefied petroleum gas (LPG) as a fuel
source shall be prohibited inside, on any balcony, or within 15
feet of any apartment building or other structure with similar
occupancy.
F-319.0 Carnival and Circus. Add section F-319.0 as follows:
F-319.1 Access. It shall be the responsibility of the owner,
operator or other person responsible for the establishment,
erection or operation of any carnival or circus to establish,
erect and operate such carnival or circus so that there is
provided and maintained an access lane, at least eighteen (18)
feet in width and capable of supporting fire and rescue
apparatus in all weather conditions and so arranged as to afford
access to within fifty (50) feet of all booths, tents, rides and
other equipment, buildings, and structures used as part of or in
conjunction with the carnival or circus.
F-320.0 Blocking Exterior Access Doors.
as follows:
Add section F-320.0
F-320.1 General. In any building or structure where exterior
doors are blocked by storage, other use, or otherwise rendered
inaccessible or non-usable for fire department access, a
permanent durable sign with the words, "NO ACCESS" shall be
provided on the exterior side of each door. The size of the
required lettering shall be six (6) inch block letters on a
contrasting background as approved by the fire official.
F-320.2 Showcases or Temporary Displays. Showcases or
temporary displays placed, piled, or installed so as to obstruct
any exterior door shall be prohibited unless approved by the
fire official.
F-321.1
follows:
Storage, Display or Repair.
Add section F-321.0 as
F-321.1 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 liquefied
petroleum gas as a source of fuel in or on any building or
structure, or part thereof, unless such building or structure is
built in accordance with all the requirements of the Virginia
Uniform Statewide Building Code. When permitted, all flammable
or combustible liquids or liquefied petroleum gas shall be
removed from the fuel tanks, fuel lines, carburetor bowls, etc.,
and properly purged with an approved inert material as specified
by the fire official. This section shall not apply to single-
family dwellings unless such storage, display or repair is
conducted as a business. Such businesses shall then comply with
all applicable provisions of the Code of the City of Fairfax.
F-322.0 Promulgation of Fire Safety Instructions.
section F-322.0 as follows:
Add
F-322.1 Regulations. The fire official shall issue regulations
which require the owner of buildings to post signs where, in
professional judgement of the fire official, it is deemed to be
effective in minimizing the danger to persons and property in
case of fire or other emergency.
F-322.2 Posting of siqns. It shall be unlawful for the owner
of any building that is leased to another, or to be the lessor
or agent of a lessor of any building or to negotiate leases or
manage buildings when the signs required by the preceding
paragraph are not posted.
1988-12 -12
F-502.1 General. Add the following to the third line after
the word order, "or voluntarily installed," ....
F-502.7 Tampering. Add subsection F-502.7 as follows: It
shall be unlawful for any person to tamper with, damage, destroy
or use without just cause or authorization any fire protection
system, equipment, or fire extinguisher installed in building or
structure within the City.
F-502.8 Hydrants and Water Mains. Add subsection F-502.8 as
follows: It shall be unlawful for any person to use, tamper
with, damage or destroy any fire hydrant, valve or water main
within the City limits, except that fire departments may use
such hydrants for fire fighting or training purposes. Such
hydrants may be used by a person who has obtained a permit for
use from the public authority or utility having jurisdiction
over these items. A person who has a valid permit shall comply
with all policies as outlined on the permit or application and
the permit shall be kept on the premises and available for
review by the Fire Marshal.
F-502.9 Obstruction. Add subsection F-502.9 as follows: no
person shall plant or erect any obstruction within four (4) feet
of any fire hydrant or of any fire department siamese
connection.
F-502.10 Fire Control Rooms. Add subsection F-502.10 as
follows: All buildings equipped with a fire control room shall
contain an operations procedure book. The contents of the book
shall be approved by the fire official. The book shall be placed
in the fire control room in a manner and location approved by
the fire official. The owner shall maintain the book and update
it whenever necessary.
F-502.11 Fire Department Building Assess. Add subsection F-
502.11. All public buildings shall provide a Fire Department
access system as approved by the fire official.
F-503.1 General. Add the following: Periodic inspections
and tests required under this section shall be witnessed by the
fire official. The fire official shall collect fees from the
building owner or tenant for the witnessing of tests required
under this section.
F-503.3 Standpipes. Delete and substitute the following:
All standpipe fire lines in all buildings and structures shall
be tested at least every two (2) years. In buildings and
structures wet and dry pipe systems shall meet the flow demands
required at the time of installation or as required by Section
F-504.2.1 of this Code, and dry systems shall meet the pressure
demands of Section F-504.2. At the time of the test all control
valves, including those inside hose cabinets, shall be operated
and then reset in their proper positions to insure the
workability of these valves. Wet and dry systems unable to meet
the flow requirements at the time of installation or as required
by Section F-504.2.1 shall be required to install automatic fire
pumps or tanks if deemed necessary by the fire official for the
occupancy of the building.
F-503.5 Fire Pumps. Add the following to the fifth line
after the word "obstructed": "or where the fire pump does not
meet original installation performance criteria."
F-503.8 Fire Safety Devices. Delete the section and add the
following: "Smoke control systems and halon and dry chemical
extinguishing systems in flammable liquid spray booths shall be
inspected and operated at six month intervals. Other special
1988-12 -13
fire safety devices including single station smoke detectors,
and any other special fire safety equipment shall be tested
annually by the owner or an authorized representative.
Emergency generators shall be tested monthly for a period of not
less than 15 minutes. The results of such tests shall be logged
in a journal kept available for inspection in accordance with
approved procedures.
F-503.10 Testing Methods. Add subsection F-503.10 Testing
methods as follows: All fire alarm systems shall be tested in
accordance with the Code and NFPA 72G.
F-509.4 Faulty Alarms. Add subsection 509.4 as follows:
Both manual fire alarm systems and automatic fire alarm and
suppression, systems shall, in addition to the testing required
by Section 503.0 of the Code, be tested by the occupant/owner
whenever faulty alarms in an occupancy exceed three (3) in any
three (3) month-period.
For the purpose of this section, a faulty alarm is deemed
to occur whenever the fire officer in charge responding
to a fire alarm call shall determine, after
investigation, that faulty equipment initiated the alarm.
On the next normal workday following the faulty alarm,
the responding officer in charge shall cause the Fire
Prevention Bureau to be notified in writing of the facts
and circumstances supporting his determination that
faulty equipment initiated the alarm.
Whenever an owner/occupant is required by this section to
conduct a test of a fire alarm or suppression systems,
the fire official shall notify the owner/occupant in
writing and prescribe a certified test consistent with
standard procedures to be witnessed by the fire official
or his designee.
Any faulty equipment or systems identified during the
test which will reduce the effectiveness of the
protection as specified in F-502 will be recorded and
notice of violation prepared and served in accordance
with the provisions of F-106.7. The notice of violation
will require the repair, abatement or correction of any
noted defects, the restoration of the system to normal
operative condition and compliance with any law,
ordinance or order effecting such alarm system.
The notice of violation shall be enforced pursuant to the
provisions of Section F-106.0,
F-601.1 Obstruction. Add the following sentence at the end
of the existing section: No person shall sit or stand or
otherwise obstruct any means of egress or element of means of
egress.
F-601.2 Storage. Add the following to the first line
following the word "material": "and all other storage."
F-601.3 Display.
line as follows:
public".
Delete the following words in the third
"during hours when the building is open to the
F-602.2 Exceptions. Item 2, add the following word: "ALLN
before special, and add the following sentence at that end of
the existing subsection: Such installations shall comply with
the minimum standards as set forth in NFPA 101 as listed in
Appendix 1 of this Code.
1988-12 -14
F-604.4 Elevator Warning Signs. Add subsection F-604.4 as
follows: Elevator lobby call stations on each floor and on all
elevator cars shall be marked with approved signs reading as
follows: "USE STAIRWAYS IN CASE OF FIRE - DO NOT USE ELEVATOR".
The requirements of this section shall apply to all buildings.
Elevators installed in use groups R-3 and R-4 shall be exempt
from the provisions of this section.
F-900.1.3 Floor Refinishing Operations. Add subsection F-
900.1.3 as follows: Floor refinishing operations in which the
floors have been stripped of the old finish and a new finish is
to be applied using a flammable or combustible liquid.
F-906.0 Floor RefinishinG. Add Section F-906 as follows:
F-906.1 General. Floor refinishing operations shall be
conducted in areas having adequate natural or mechanical
ventilation to remove flammable vapors.
F-906.2 Fire Safety Requirements.
(1)
Smoking or open flames shall not be permitted in an area
where floor finish is being applied.
(2)
Ail sources of ignition shall be removed or cut off prior
to applying any floor finishes, i.e. pilot lights,
refrigerators, furnaces, etc.
(3)
The structure shall be kept ventilated until floor
surface is dry and is not emitting a flammable vapor.
F-1901.2 Testing of Storage Tanks Underground. Add section
F-1901.2. Tests of underground fuel storage tanks and systems
shall be required every three years and when the operators
records indicate a loss of product exceeding (one-half of one
(1) percent of pump meter sales readings). The tests shall be
performed in accordance with the standards set forth in NFPA
Standard 329 listed in Appendix A. When a test for tightness is
performed the following information must be kept on file at the
facility until such time as another test is performed and shall
be made available for inspection by the fire official or his
representative upon request:
Commercial name of the test equipment.
The name of the testing company.
The name of the test operator.
The data accumulated by the test.
The results of the test as to whether or not the storage
system is tight.
When leakage is indicated from a storage system during the test
for tightness the operator of the test must immediately report
the test results to the fire official.
F-2000.1.1 Permit Required. Add section 2000.1.1 as follows:
A tent or air-supported structure having an area in excess of
one hundred twenty (120) square feet, including all connecting
areas or spaces with a common means of egress or entrance, or
used or intended to be used for gathering or use of ten (10) or
more persons shall not be erected, operated or maintained for
any purpose without obtaining a permit from the building
official and the fire official. Tents used exclusively for
recreational camping purposes shall be exempt from the above
requirements. Special permits required by the building code
shall be secured from the building official.
1988-12 -15
F-2000.1.2 Plans and Specifications. A permit application
and drawings shall be submitted for each installation and use
with specifications indicating the location of the tent or air-
supported structure on the site and adequate details regarding
the location of egress, facilities seating capacity,
construction and all mechanical and electrical equipment.
F-2001.7 Certification. Add section F-2001.7 as follows: An
affidavit or affirmation shall be submitted to the fire official
and a copy retained on the premises on which the tent or air-
supported structure is located, attesting to the following
information relative to the flame resistance of the fabric:
3.
4.
5.
The names and addresses of the owners of the tent or air-
supported structure;
Date fabric was last treated with flame resistant
solution;
Trade name or kind of chemical used in treatment;
The name of person or firm treating the material; and
Name of testing agency and test standard by which the
fabric was tested.
F-2600.1 Scope: Add the following sentence at the end of the
existing subsection. The manufacture of explosives in the City
of Fairfax shall be prohibited.
Item 6, delete the word: "Manufacture".
F-2600.2 Permit Required.
"Manufacture".
Item 1, delete the word:
F-2600.2 Permit Required. Item 3, add the following sentence
at the end of the existing subsection. Operations physically
separate and distinct, whether or not on one tract of land or
under control of one applicant, shall require separate permits.
F-2600.2 Permit Required. Add Item 7 as follows: Before any
City permits are issued, the applicant must have in his
possession all required licenses and permits from the State of
Virginia and Federal Government and representing a firm licensed
by the Fire Marshal to conduct blasting in Fairfax County or
other jurisdiction with comparable licensing requirements.
F-2600.3 Bond Required for Blasting. Delete and substitute
the following: Before a permit is issued for the storage,
transportation, disposal, or use of explosives or blasting
agents, the applicant shall file with the Fire Marshal, a
certificate of insurance which shows that the applicant is
insured for a sum of two million dollars ($2,000,000) combined
single limit for bodily injury and property damage. This
insurance policy shall become available for the payment of any
damage arising from the acts or omissions of the applicant, his
agents or his employees in connection with the storage,
transportation, disposal, or use of explosives or blasting
agents. The applicant shall ensure that the insurance policy is
in effect at the time of the commencement of the operations or
activities authorized by the permit, and remains continuously in
effect until such operations or activities are completed.
F-2600.3.1 Certification of Contractors. Add subsection
F-2600.3.1 as follows: Permits for the storage, handling,
transportation or use of explosives shall only be issued to
those companies which are licensed in Fairfax County by the Fire
Marshal or other jurisdiction with comparable licensing
requirements.
1988-12
F-2600.4 Maqazine: Add the following at the end of the
existing definition for Class I Magazine: "and for the
overnight storage of explosive regardless of quantity".
F-2601.1 ManufacturinG. Delete and substitute the following:
The manufacture of explosives and blasting agents shall be
prohibited. This shall not apply to hand loading of small arms
ammunition for personal use when not for resale, nor to the
assembly of two component explosives for use on site nor for the
mix of blasting agents for use on site.
F-2601.2 Storaqe. Add the following sentence at the end of
the existing subsection: The overnight storage of explosives or
blasting agents shall be prohibited in all zoning
classifications except under a Special Use Permit granted by the
City Council.
F-2601.5 Reports. Add subsection 2601.5 as follows:
(A)
The city of Fairfax Fire Marshal's Office shall be
immediately notified by telephone of the loss or theft of
any 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 relevant 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.
(c)
The Fire Marshal shall be immediately notified of
injuries to any person or immediate damage to any
property which results from the storage, transportation
or use of explosives.
F-2602.1 General. Add the following sentence at the end of
the existing subsection: A certified blaster shall be the sole
possessor of keys to magazine locks.
F-2602.2 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.
F-2602.3 Maqazine Clearances.
provided in Section F-2602.2.
F-2602.4 Maqazine Construction.
following:
(A)
Delete the words: except as
Delete and substitute the
Magazines shall be constructed and maintained as outlined
in NFPA 495 as listed in Appendix A of this Code and as
follows:
(1)
Class I magazines shall include Type 1, Type 2;
Outdoor Box Magazine; Type 2, Vehicular Magazine;
and Type 3, as outlined in NFPA 495, except the
latter type shall met all lock requirements for a
Type I magazine.
(2)
Class II magazines shall be constructed of two (2)
inch tongue and grooved hardwood, covered on the
outside with No. 20 U. S. Standard gauge sheet iron
or aluminum, or of all metal construction with side
bottom and cover of sheet metal lined with three-
1988-12 -17
eights (3/8) inch plywood or the equivalent. Class
II magazines shall have a minimum of two (2) locks,
with different keying for each lock, plus locks
shall be protected by steel hoods that are installed
in a manner to prevent insertion of bolt cutters.
F-2602.9 Magazine Use. Add Subsection F-2602.9 as follows:
Class I magazines shall be used for the storage of explosives
when quantities are in excess of fifty (50) pounds of explosive
material, and for the overnight storage of explosives regardless
of the quantity.
F-2602.9.1 CLass II Magazines. Add subsection F-2602.9.1 as
follows: 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. All explosives not used in the day's
operation 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.
F-2602.10 Fencing. F-2602.10 as follows: An eight (8) foot
chain link fence or a six (6) foot chain link fence with three
(3) strands of barbed wire around the top shall be provided
around a Class I magazine installation. This fence shall have a
gate equipped with case-hardened locks and hasps.
F-2602.11 Records. Add Subsection F-2602.11 as follows:
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
shall be broken down to the different types stored and used.
F-2603.6 Vehicle Inspections. Add Item 8 as follows:
Has proof of a current Virginia motor vehicle inspection
approval.
F-2603.7.1 Additional Vehicle Signs. Add new subsection as
follows: Vehicles towing air compressors or other construction
equipment shall place a sign on the rear of said equipment. The
signs shall read "EXPLOSIVES ON TOW VEHICLE," and shall conform
to the letter size and contrasting background required for
explosive transportation vehicles.
F-2603.8 Separation of Detonators and Explosives. Delete and
substitute the following: Blasting caps, or electric blasting
caps shall not be transported over the highways of the
jurisdiction on the same vehicle with other explosives, except
by permission of the City Fire Marshal. Such permission shall
only be granted upon compliance with I.M.E. Standard for the
Safe Transportation of Class C Detonators (Blasting Caps) in a
vehicle with certain other explosives.
F-2603.10 Fire Extinguishers. Delete and substitute the
following: Each motor vehicle used for transporting explosive
materials shall be equipped with two (2) fire extinguishers
having a minimum rating of at least 2A-10BC, for each
extinguisher.
F-2603.12 Driver Qualifications: Add the following
subsection: Vehicles transporting explosives shall be in the
custody of drivers who are physically fit, careful, capable,
reliable, able to read and write the English language, not
addicted to the use or under the influence of intoxicants,
narcotics, illegal drugs, or physically impairing prescription
1988-12 -18
drugs or any other medications. Such drivers shall be familiar
with State and County traffic regulations, and the provisions of
this article governing the transportation of explosives and
possess a valid drivers license and Fairfax County certified
blasters license or same from another jurisdiction with
comparable licensing requirements.
F-2603.20 Vehicle permit. Add new subsection as follows:
Each vehicle transporting explosives within the City shall be
required to obtain a vehicle permit from the fire official. The
permit shall be valid for six (6) months and shall be revoked
for failure to maintain the vehicle in a safe operating
condition.
Permit fees shall be listed in Section F-104.9.1.
F-2605.6 Vehicle Permit. Add new subsection as follows:
Each vehicle transporting blasting agents within the City shall
be required to obtain a vehicle permit from the fire official.
The permit shall be valid for six (6) months and shall be
revoked for failure to maintain the vehicle in a safe operating
condition. Permit fees shall be as listed in section F-104.9.1.
F-2607.2 Personnel. Delete and substitute the following:
The handling and firing of explosives shall be performed by a
person in the employ of a company which is licensed in the City
of Fairfax by the Fire Marshal and possessing a valid certified
blasters license from Fairfax County or other jurisdiction with
comparable licensing requirements. The certified blasters
license shall be approved by the Fire Marshal's Office and
remain valid for one (1) year from the date of issuance unless
revoked. A certified blaster on a job site can direct the
handling and firing of explosives by persons under this direct
supervision who are at least twenty-one (21) years of age. A
certified blaster must be capable of reading and writing the
English language, be of good character and submit to a driving
record and criminal background investigation. A person shall
not handle explosives while under the influence of intoxicants,
narcotics, illegal drugs, physically or mentally impairing
prescription drugs or any other medications. A person shall not
smoke or carry matches while handling explosives or while in the
vicinity thereof. An open flame light shall not be used in the
vicinity of explosives.
F-2607.2.1 Possession of License. Add Subsection F-2507.2.1
as follows: The certified blaster license issued by the Fairfax
County Fire Marshal or by another jurisdiction with comparable
licensing requirements must physically be in the possession of
the certified blaster at all times when handling, transporting
or using explosives and shall be immediately surrendered upon
request of the Fire Marshal.
F-2607.7 Congested Areas. Add the following: In other areas
a mat or adequate earthen cover capable of preventing rock from
being thrown out of the work area shall be used at all times.
In no case, shall fly rock be permitted.
F-2607.8 Blast Records. Add Subsection F-2606.81 as follows:
A record of each blast shall be kept and retained for at least
one (1) year and shall be available for inspection by the Fire
Marshal. These records shall contain the following minimum
data:
A)
B)
C)
D)
F)
Name of contractor
Location and time of blast
Name of certified blaster in charge
Type of material blasted
Number of holes bored and spacing
Diameter and depth of holes
1988-12 -19
G)
H)
I)
K)
L)
M)
N)
O)
Type and amount of explosives
Amount of explosives per delay of $ milliseconds or
greater
Method of firing and type of circuit
Direction and distance in feet to nearest dwelling,
public building, school, church, commercial or
institutional building.
Weather conditions
If mats or other precautions were used
Type detonators and delay periods
Type and height of stemming
Seismograph records where indicated
F-2608.0 Airblast and Ground Vibration Standards.
section as follows:
Add
F-2608.1 General Airblast and ground vibration resulting from
blasting operations shall be maintained within standards
approved by the Fire Marshal.
Article 27 Fireworks.
following:
Delete in its entirety and substitute the
Article 27 Fireworks and Model Rocketry.
F-2700.1 Scope. The manufacture of fireworks is prohibited
within the City of Fairfax. The display, sale, or discharge of
fireworks shall comply with the requirements of this Article.
This Article shall also govern the design, construction, and use
of model rockets.
F-2700.2 Definitions.
Fireworks shall mean and include any article, device, or
any substance 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 bombs, Roman Candles, torpedoes,
skyrockets and any other substance or thing of whatever
form of construction containing nitrates, chlorates,
oxalates, sulphide of lead, barium, antimony,
nitroglycerine, phosphorus or any other explosive or
flammable compound or substance.
Retailer shall mean any persons selling fireworks or
offering fireworks for sale at retail.
Wholesalers shall mean 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 the City.
d. Approved shall mean as approved by the City Fire Marshal.
F-2701.0 Unlawful Use and Approval.
F-2701.1 Unlawful Activities. Except as hereinafter
provided, 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.
1988-12 -20
F-2701.2 Permissible Fireworks. The provisions of F-2701.1
shall not apply to fireworks which have been approved by the
Fire Marshal's Office. Such permissible fireworks shall have a
hard-coated or slow-burning fuse at least 1 1/2 inches long with
a burning rate of not less than four (4) seconds. Such
permissible fireworks shall be used only on private property
with the approval of the owner. Any fireworks which explode or
which emit flame or sparks to a distance greater than twelve
(12) feet or perform as a projectile or have a quick match fuse
are prohibited. The sale or storage of any fireworks shall be
prohibited on the property of another without the express
written permission of the owner. The sale of fireworks to
minors shall be prohibited unless the minor is accompanied by a
parent, legal guardian or responsible adult. The sale of
fireworks by a minor shall be prohibited.
F-2701.3 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 five (5) samples of each fireworks intended 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 ninety (90)
days prior to the proposed sale date in the City. No wholesaler
shall sell or deliver in the City any fireworks other than those
so approved.
F-2702.0 Records.
F-2702.1 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 fireworks
within the City.
F-2703.0 Permits.
F-2703.1 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 without a permit from the Fire
Marshal's Office. This permit shall be valid for the period
June 1 to July 15 of each year. Such permit shall be issued
only after the applicant files with the Fire Marshal's Office a
certificate of insurance which shows that the applicant has
liability insurance in the amount of at least two million
($2,000,000) dollars combined single limit for bodily injury and
property damage. This insurance policy shall become available
for the payment of any damage arising from the acts or omissions
of the applicant, his agents or his employees in connection with
the activities authorized by the permit. The applicant shall
ensure that the insurance policy is in effect at the time of the
commencement of the activities authorized by the permit, and
remains continuously in effect until such activities are
completed. 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.
F-2703.2 Permit Required for Display of Aerial Fireworks.
The Fire Marshal's Office may issue permits, upon application in
writing, for the display of aerial fireworks, commonly known as
pyrotechnic displays, for fair associations, amusement parks or
1988-12 -21
by any organization, individual, or group of individuals;
provided such display is in general accord with the applicable
sections of NFIPA 1123, as listed in Appendix A of this Code.
After such permit has been issued, sales of fireworks may be
made for use under such permit and the association,
organization, group or individual 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 applicant files
with the Fire Marshal's Office a certificate of insurance which
shows that the applicant has liability insurance in the amount
of at least Two Million Dollars ($2,000,000) combined single
limit for bodily injury and property damage. This insurance
policy shall become available for the payment of any damage
arising from the acts or omissions of the applicant, his agents
or his employees in connection with the display of aerial
fireworks. The applicant shall ensure that the insurance policy
is in effect at the time of the commencement of the activities
authorized by the permit, and remains continuously in effect
until such activities are completed.
F-2704.0 Seizure and Destruction.
F-2704.1 Seizure and Destruction of Certain Fireworks. 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. If a judgement of
conviction be entered against such persons the court shall order
destruction of such articles upon expiration of the time allowed
for appeal of such judgement of conviction. Any Fire Marshal
encountering fireworks in violation of this 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.
F-2704.2 Criminal Proceedings, Where no criminal proceedings
can be instituted due to lack of knowledge as to who owns or is
responsible for the fireworks, the fireworks in question shall
be destroyed after thirty (30) days.
F-2705.0 Model Rocketry.
F-2705.1 The Desiqn, Construction and Use of Model Rockets.
The design, construction and use of model rockets shall be
reasonably safe to persons and property. Evidence that design,
construction and use of model rockets is in accordance with
NFIPA 1122 as listed in Appendix A of this Code, shall be
evidence that such design, construction and use provides
reasonable safety to persons and property. Any type of rocketry
other than that described in the definition of Model Rocketry as
set forth in NFPA 1122 as listed in Appendix A of this Code, is
prohibited.
F-ZS01.2 Containers, Tanks, Equipment, and Apparatus: Add
the following at the end of the existing subsection: by the
fire official. All storage facilities comprised of any number
of tanks above or below ground with a total capacity of one
thousand (1,000) gallons or more shall maintain a spill
prevention and control plan on site on a form prescribed by the
fire official and approved by the fire official.
F-~801.9 Spills and Leaks, Delete and substitute the
following: Flammable and combustible liquid spills and leaks
shall be reported to the fire official immediately. The owner
and the tenant or other person in control of the premises when a
1988-12 -22
spill or leak occurs, or when a spill or leak is discovered,
shall be fully responsible for the containment and clean up of
the flammable or combustible liquid and containment of the
vapors released therefrom to the satisfaction of the fire
official and for the disposal of the waste.
F-2802.1 General. Add the following sentence at the end of
the existing subsection: Such installations shall be permitted
only under a Special use Permit granted by the City Council.
F-2803.4 Other Accepted Use. Add subsection F-2803.4 as
follows: Above ground tanks may be used for the storage of
flammable or combustible liquids which are 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 be located on property under the control of the
operator of such vehicles. All other applicable regulations and
requirements of this Code and other applicable laws shall
govern.
Other applications for above ground storage of flammable or
combustible liquids may be approved by the fire official.
F-2804.2 Tank protection. Delete the last sentence and
substitute the following: All tanks shall be protected from
flooding and corrosion in accordance with NFIPA 30 listed in
Appendix A to protect the tank and its piping and fittings. All
storage systems protected by a cathodic protection system must
have a test system installed to take structure-to-soil potential
measurements which must be taken at one-year intervals. The
measurements must be recorded and kept at the facility for
inspection by the fire official. All storage systems protected
by impressed current systems must be designed so that the
impressed current source cannot be de-energized, even in the
event that the facility is closed.
F-2804.5 Testinq.
following:
Delete number five (5) and substitute the
(5)
Ail new tank installations shall be subjected to a
hydrostatic test prior to being placed in service.
Add the following numbered sections:
(6)
Delete the word "periodic" and substitute the words
"every three years."
(7)
Two (2) permanent monitoring wells shall be installed in
opposing corners of the tank field on all new
installations after the effective date of this Code.
These walls shall extend to a minimum depth of two (2)
feet below the bottom of the tanks in the tank field.
These walls shall be a minimum of four (4) inches
schedule 40 PVC screen pipe or equivalent and shall be
flush with covering surface and covered with standard
metal cover and gravel packed to prevent clogging. The
screened section shall have a minimum size of .025 inch.
(8)
The owner or operator of all buried petroleum tanks
installed after the effective date of this Code shall
have provisions for taking direct measurement readings of
content level by the stick method. Liquid level of
storage tanks shall be measured by the owner or operator
each day of operation and compared with pump meter
readings taken on receipt of the product. These records
shall be kept in a log book and be available for
inspection by the fire official and/or his
representative. Loss of product above normal evaporation
1988-12 -23
(one-half (1/2) of one (1) percent of pump meter sales
readings) shall be reported immediately to the fire
official. Records shall be retained for two (2) years.
This period may be extended upon order of the fire
official. High liquid level gauges or alarm systems as
well as pump cut-off devices shall be installed by the
owner or the authorized operator in all petroleum storage
tanks wherever in the judgement of the fire official
there is a possibility that product may be lost by
overflowing. These emergency devices shall be considered
only as auxiliary and supplementary to the use of
personnel engaged in a transfer or fill operation.
(9)
When the operator's inventory records indicate a loss of
product exceeding one-half of one (1) percent of pump
meter sales readings, a test for tightness on the
underground tank shall be performed in accordance with
the standards set forth in NFIPA Standard No. 329. The
fire official shall order a test for tightness when in
his judgement there is evidence of a loss of product. A
test for tightness shall be conducted on all storage
systems prior to a change in ownership. Noncorrosive
storage systems approved by Underwriters Laboratories,
Inc., and the Steel Tank Institute P-3 systems shall be
tested for tightness at the end of their warranty period
to standards set forth in NFIPA No. 329. It shall be
repeated at intervals no greater than three (3) years.
When a test for tightness is performed the following
information must be kept on file at the facility until
such time as another test is performed and shall be made
available for inspection by the fire official or his
representative upon request:
(a) Commercial name of the test equipment
(b) The name of the testing company
(c) The name of the test operator
(d) The data accumulated by the test
(e) The results of the test as to whether or not the
storage system is tight
When leakage is indicated from a storage system during
the final test, the operator of the test must immediately
report the test results to the fire marshal.
(10) Before each filling of existing petroleum storage tanks
which have provisions for measurement of contents and
petroleum storage tanks installed after the effective
date of this provision, the liquid level shall be gauged
and the measurement shall be recorded in writing. The
gauging records shall be maintained and made available to
the fire marshal upon demand.
F-2804.6 Abandonment of Tanks. Delete and substitute the
following: A permit shall be obtained from the fire official to
remove, abandon, place temporarily out of service or otherwise
dispose of any flammable or combustible liquid tank.
(1)
Tanks "temporarily out of service" shall have the fill
line, gauge opening and pump connection secured against
tampering. Vent lines shall remain open and be
maintained in accordance with the requirements of this
article for vent lines.
(2)
Any tank not used for a period of ninety (90) days shall
be properly safeguarded or removed in a manner approved
by the fire official.
1988-12
(3)
Any tank which has been abandoned for a period of one (1)
year shall be removed from the property in a manner
approved by the fire official and the site restored in an
acceptable manner.
(4)
Tanks which are to be reinstalled for flammable or
combustible liquid service shall comply with all of the
provisions of this article.
(5)
Tanks which are to be returned to service shall be tested
in a manner approved by the fire official. Previously
used tanks which are removed from the ground shall not be
reinstalled unless the original manufacturer certifies
that they are suitable for service. The manufacturer's
written certification must be kept on file at the
facility, available for inspection by authorized
agencies, and a copy provided to the fire official.
F-2804.7 Storage and Handling of Flammable or Combustible
Liquids in Proximity of Subsurface Structures. Add Subsection
2804.7 as follows:
F-2804.7.1 Definition. Subsurface structure: A subsurface
structure shall include, but not be limited to, structures such
as subway stations, railroad tunnels including rail rapid
transit tunnels, and highway tunnels.
F-2804.7.2 Underground Storage Tanks. Underground storage
tanks for Class I flammable liquids or Class II or III
combustible liquids and related piping shall not be permitted
directly over a subsurface structure, or within twenty-five (25)
feet measured horizontally from the outside wall of such
subsurface structure. Underground storage tanks and related
piping for Class I flammable liquids or Class II or III
combustible liquids located in the area between twenty-five (25)
and one hundred (100) feet (measured horizontally from the
outside wall of the subsurface structure), and where the tops of
such tanks and piping are not two (2) feet or more below the
lowest point of excavation shall be installed in a cast-in-
place, liquid tight, reinforced concrete vault; the walls, top
and bottom of which are a minimum of six (6) inches thick and
large enough to hold and retain the entire contents of the tank.
Access shall be provided in the vault top for inspection,
monitoring and servicing of the vault and tank.
F-2804.7.3 Storage Tanks In or Under Buildings. Storage
tanks for Class I flammable liquids or Class II or III
combustible liquids located in or under buildings, and which
tanks are located directly above a subsurface structure or
within twenty-five (25) feet (measured horizontally from the
outside wall of the subsurface structure), shall be removed and
relocated outside the prohibited area. Where it is not possible
to relocate tanks due to limited space, such underground tanks
shall be removed or abandoned in accordance with provisions of
Section F-2804.6 except that storage tanks for Class II or III
combustible liquids in or under buildings, which tanks cannot be
relocated, shall be placed within a vault constructed in
accordance with F-2804.7.2. All related piping shall have
approved cathodic protection.
F-2804.8 service stations: Add Section F-2804.8 as follows:
Service stations dispensing Class I flammable liquids or Class
II or III combustible liquids that are located within the
distance of twenty-five (25) to one hundred (100) feet (measured
horizontally from the outside wall of a subsurface structure)
shall comply with the following:
1988-12
Dispensing pumps for Class I flammable liquids, Class II
or III combustible liquids shall not be located less than
twenty-five (25) feet from the nearest subsurface
structure opening (measured from the pump to the nearest
point of any subsurface structure opening).
The finished grade around pump islands and the
surrounding surface shall be graded in a manner to divert
possible spills away from any opening to any-subsurface
structure.
Appropriate continuous drains across driveway ramps,
and/or curbs of at least six (6) inches in height shall
separate the service station properties from adjacent
subsurface structure properties.
There shall be no connection (such as venting or
drainage) between any storage tank or related piping for
Class I flammable liquids or Class II or III combustible
liquids and any subsurface structure.
~-2807.1.2 (1) Parking. Delete and substitute the following:
Tank vehicles shall not be parked or left unattended on any
street, highway, avenue, alley or parking lot or area; provided,
that this shall not prevent a driver from the necessary absences
from the vehicle in connection with the delivery of his load.
However, during actual discharge of the liquid some responsible
person shall be present at the vehicle. Tank vehicles shall
only be parked out of doors at bulk petroleum storage plants of
fifteen acres or more.
F-2807.3 Driver Responsibility. Add subsection F-2807.3 as
follows: The driver, operator or attendant of any tank vehicle
shall take all necessary precautions to prevent the overflow of
any tank into which it is discharging flammable or combustible
liquids, before he discharges any liquid from such tank vehicle.
F-2807.4 Smoking. Add subsection F-2807.4 as follows: It
shall be unlawful for any driver, operator, attendant or
passenger to smoke in, on or around any tank vehicle which hauls
any flammable or combustible liquid. It shall be unlawful to
load or unload wherever there is smoking, lighting of matches,
or other flame or spark-producing devices or the carrying of any
flame or lighted cigar, pipe or cigarette.
F-3400.1.2 Permit Required. Add new section as follows: A
permit shall be required for the manufacture, storage, or use of
pesticides exceeding twenty-five (25) gallons or twenty-five
(25) pounds.
Appendix A add the following standards:
NFIPA Code for Unmanned Rockets. 1122, 1987.
NFIPA Code for Public Display of Fireworks. 1123, 1982.
NFIPA Code for Life Safety. 101, 1985.
NFIPA Code for Handling Underground Leakage of Flammable and
Combustible Liquids. 329, 1987.
1988-12 '"''
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Introduced:
Adopted:
May 19, 1988
May 31, 1988
ATTEST: