Chapter
14
FIRE
PREVENTION AND PROTECTION[1]
Art. I. In General, §§ 14-1—14-15
Art. II. Fire Prevention Code, §§ 14-16—14-49
Div.
1. Generally, §§ 14-16—14-40
Div.
2. Fire Code Amendments, § 14-41—14-49
ARTICLE
I. IN GENERAL
Sec. 14-1. Fire department established.
There is hereby established for the
city a fire department.
(Code
1967, § 14-1)
State law reference—Firemen's relief and pension fund, A.R.S.
§ 9-951 et seq.
Secs. 14-2—14-15. Reserved.
ARTICLE
II. FIRE PREVENTION CODE
DIVISION
1. GENERALLY
Sec. 14-16. Adopted; where filed.
That certain document known as the International
Fire Code, 2003 Edition, which has been published in book form by the
International Code Council, Inc., together with appendix chapters B, C, E, F
and G, three (3) copies of which are on file in the office of the city clerk,
and this same code is hereby referred to, adopted and made a part hereof, as if
fully set out in this article. (Permit and Inspection fees set by resolution -
see Appendix)
(Code
1967, § 14-4; Ord. No. 87.01, § 1, 2-12-87; Ord. No. 89.62, § 1, 1-11-90; Ord.
No. 99.26, 8-19-99; Ord. No. 2006.02, 2-16-06)
Charter reference—Adoption by reference, § 2.14.
State law reference—Adoption by reference, A.R.S. § 9- 801
et seq.
Sec. 14-17. Enforcement; annual report.
(a) The
fire prevention code adopted by this article shall be enforced by the fire
department of the city, under the supervision of the chief of the fire
department.
(b) The
chief of the fire department may detail such members of the fire department as
fire prevention inspectors as shall from time to time be necessary. The chief of the fire department shall
recommend to the city manager the employment of technical inspectors when
necessary.
(c) A
report on fire prevention activities shall be made annually and transmitted to
the city manager.
(Code 1967,
§ 14-7)
Secs. 14-18—14-20. Reserved.
Editor's note—§§ 14-18—14-20, pertaining to storage of
explosives and blasting agents, storage of flammable liquids in outside
aboveground tanks, and new bulk plants for flammable or combustible liquids,
and derived from §§ 14-8—14-10 of the city's 1967 code, were repealed by § 2 of
Ord. No. 87.01, adopted Feb. 12, 1987.
Sec. 14-21. Modifications.
The chief of the fire department shall
be authorized to determine the specific applicability of the fire prevention
code adopted by this article when there are practical difficulties in carrying
out the strict letter of the code, upon written application that a practical
difficulty exists; provided, that the spirit of the code shall be observed,
public safety secured and substantial justice done. The particulars of such modification, when
granted or allowed, and the decision of the chief of the fire department
thereon, shall be entered upon the records of the fire department, and assigned
copy shall be furnished the applicant.
(Code
1967, § 14-12)
Sec. 14-22. Appeals.
Whenever the chief of the fire department
shall disapprove an application or refuse to grant a permit applied for, or
when it is claimed that the provisions of the fire prevention code adopted by
this article do not apply or that the true intent and meaning of the code have
been misconstrued or wrongly interpreted, the applicant may appeal from the
decision of the chief of the fire department to the city manager within thirty
(30) days from the date of the decision appealed.
(Code
1967, § 14-13)
Sec.
14-23. Determination of need for
additional permits.
The city manager, the chief of the fire
department and the development services manager 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 adopted by this
article.
(Code
1967, § 14-14; Ord. No. 97.20, 4-10-97; Ord. No. 2001.17, 7-26-01)
Sec.
14-24. Conflicting provisions.
Nothing in the fire prevention code
adopted by this article shall be construed to prevent the enforcement of other
laws which prescribe more restrictive limitations, nor shall the permissive
provisions of the fire prevention code be presumed to waive limitations imposed
by other statutes or ordinances of the city or the state.
(Code
1967, § 14-15)
Sec.
14-25. Violation; penalty.
Any
person who shall violate any of the provisions of the fire prevention code
adopted by this article or fail to comply therewith, or who shall violate or
fail to comply with any order made under such code, or who shall build in
violation of any detailed statement of specifications or plans submitted and
approved under such code or any certificate or permit issued under such code,
shall severally, for each violation and noncompliance respectively, be punishable
as provided in § 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 forthwith. Each
day that prohibited conditions are maintained shall constitute a separate
offense.
(Code
1967, § 14-16)
Secs.
14-26—14-40. Reserved.
DIVISION 2. FIRE CODE
AMENDMENTS
Sec.
14-41. Legal status.
The
provisions of this division are amendments to the International Fire Code as
now or hereafter adopted in § 14-16. All sections, chapters, etc., in this division
other than this section shall be considered to be both a part of this code and
a part of the International Fire Code.
(Ord. No. 99.26, 8-19-99; Ord. No.
2006.02, 2-16-06)
Sec. 105. Permits.
Section 105.1.1 is hereby amended as
follows:
105.1.1. Permits required. The fire code official may require permits as
provided for in Section 105. Permit
fees, if any, shall be paid prior to issuance of the permit. Issued permits shall be kept on the premises
designated therein at all times and shall be readily available for inspection
by the fire code official.
(Ord. No.
2006.02, 2-16-06)
Sec. 108. Board of
appeals.
Section 108 is hereby repealed.
(Ord. No.
2006.02, 2-16-06)
Sec. 109. Violations.
Section
109.3 is hereby amended as follows:
109.3.
Violation penalties. Persons
who shall violate a provision of this code or shall fail to comply with any of
the requirements thereof or who shall erect, install, alter, repair or do work
in violation of the approved construction documents or directive of the fire
code official, or of a permit or certificate used under provisions of this
code, shall be guilty of a class 1 misdemeanor punishable by a fine of not more
than two thousand five hundred dollars ($2,500.00) or by
imprisonment not exceeding ninety (90) days or both such fine and imprisonment.
Each day that a violation continues
after due notice has been served shall be deemed a separate offense.
(Ord. No.
2006.02, 2-16-06)
Sec. 111. Stop work
order.
Section
111.4 is hereby amended as follows:
111.4.
Failure to comply. Any person
who shall continue any work after having been served with a stop work order,
except such work as that person is directed to perform to remove a violation or
unsafe condition, shall be subject to the violation penalties specified in Section
109.3.
(Ord. No. 2006.02,
2-16-06)
Sec. 202.
General definitions.
FIREFIGHTER BREATHING AIR SYSTEM. A firefighter breathing air system is a complete, self-contained high pressure breathing air replenishment system consisting of a fire department air connection panel, remote air fill panels and high pressure interconnected piping, permanently installed within a structure which allows fire department personnel to replenish empty self-contained breathing apparatus cylinders at, or within close proximity to, the location of an emergency incident, thus reducing the amount of travel distance, time and support personnel needed at the location.
OCCUPANCY CLASSIFICATION, Factory
Industrial F-1 Moderate-Hazard Occupancy is hereby amended as follows:
Woodworking
(cabinet) (establishments with more than three (3) woodworking appliances.)
OCCUPANCY CLASSIFICATION, Group I-1 is
hereby amended as follows:
Group I-1. This occupancy shall include
buildings, structures or parts thereof housing more than ten (10) persons, on a
twenty-four (24) hour basis, who because of age, mental disability or other
reasons, live in a residential environment that provides personal care and or
supervisory care services. The occupants are capable of responding to an
emergency situation without physical assistance from staff. This group shall
include, but not be limited to, the following:
Residential
board and care facilities
Assisted
living centers
Halfway
houses
Group
homes
Congregate
care facilities
Social
rehabilitation facilities
Alcohol
and drug abuse treatment centers
Convalescent
facilities
A
facility such as the above with five (5) or fewer persons, excluding staff,
shall be classified as Group R-3 and shall comply with the International Residential Code in
accordance with Section 101.2 of the Tempe Building Code. A facility such
as the above housing at least six (6) but not more than ten (10) persons,
persons, excluding staff, shall be classified as a Group R-4 and may comply
with the International Residential
Code in accordance with Section 101.2 of the Tempe Building Code where
the building is in compliance with Section 419 of the Tempe Building Code.
OCCUPANCY CLASSIFICATION, Group I-2 is
hereby amended as follows:
Group I-2. This occupancy shall include
buildings and structures used for medical, surgical, psychiatric, nursing,
custodial, personal, or directed care on a twenty-four (24) hour basis of
persons who are not capable of self-preservation by responding to an emergency
situation without physical assistance from staff. This group shall include, but not be limited
to, the following:
Hospitals
Nursing
homes (both intermediate-care facilities and skilled nursing facilities)
Mental
hospitals (where patients are not restrained)
Detoxification
facilities
OCCUPANCY CLASSIFICATION, Residential
Group R is hereby amended as follows:
R-1
Residential occupancies where the occupants are primarily transient in nature,
including:
Boarding
houses
Hotels
Motels
R-2
Residential occupancies containing sleeping units or more than two (2) dwelling
units where the occupants are primarily permanent in nature, including:
Apartment
houses
Convents
Dormitories
Fraternities
and sororities
Monasteries
Vacation
timeshare properties
Fraternity
and sorority houses are any building used in whole or in part as a dwelling and
occupied by and maintained exclusively or primarily for college, university or
professional school students who are affiliated with a social, honorary or
professional organization recognized currently or in the past by a college,
university or professional school.
R-3
Residential occupancies where the occupants are primarily permanent in nature
and not classified as R-1, R-2, R-4 or I and where buildings do not
contain more than two (2) dwelling units as applicable in Section 101.2 of
the Tempe Building Code, or adult and child care facilities that provide
accommodation for five or fewer persons, excluding staff, of any age. Adult and
child care facilities that are within a single-family home are permitted to
comply with the International
Residential Code in accordance with Section 101.2 of the Tempe Building
Code.
R-4
Residential occupancies shall include buildings arranged for occupancy as
residential care/assisted living facilities including at least six (6) but not
more than ten (10) occupants, excluding staff.
Group
R-4 occupancies shall meet the requirements for construction as defined for
Group R-3 occupancies except as otherwise provided for in this code or shall
comply with the International
Residential Code in accordance with Section 101.2 of the Tempe Building
Code and the provisions of Section 419 of the Tempe Building Code.
PERSONAL
RESIDENTIAL
SUPERVISORY
(Ord. No. 2006.02,
2-16-06; Ord. No. 2007.70, 10-25-07)
Sec. 308. Open
flames.
Section
308.3.1 is hereby amended as follows:
308.3.1.
Open-flame devices. Charcoal
burners and other open-flame devices shall not be operated on balconies/patios
or within ten (10) feet (3048 mm) of combustible construction in Group R1 or R2
occupancies.
(Ord. No. 2006.02, 2-16-06)
Sec. 405. Emergency
evacuation drills.
Table
405.2 is hereby amended as follows:
Table 405.2
Fire And Evacuation Drill
Frequency And Participation
|
GROUP OR OCCUPANCY |
FREQUENCY |
PARTICIPATION |
|
Group A |
Quarterly |
Employees |
|
Group E |
Monthly a |
All occupants |
|
Group I |
Quarterly on each shift |
Employees |
|
Group R-1 |
Quarterly on each shift |
Employees |
|
Group R-4 |
Quarterly on each shift |
Employees |
a. The frequency shall be allowed to be
modified in accordance with Section 408.3.2.
(Ord. No. 2006.02, 2-16-06)
Sec. 408. Use and
occupancy-related requirements.
Section
408.5.5 is hereby repealed
Section
408.10.5 is hereby repealed
(Ord. No. 2006.02, 2-16-06)
Sec. 503. Fire
apparatus access roads.
Section
503.1.1 is hereby amended as follows:
EXCEPTION: The fire code official is authorized to
increase the dimension of one hundred fifty (150) feet (45 720 mm) where:
1.
The building is equipped throughout
with an approved automatic sprinkler system installed in accordance with Sections
903.3.1.1, 903.3.1.2 or 903.3.1.3.
2.
Fire apparatus access roads cannot be
installed because of location on property, topography, waterways, nonnegotiable
grades or other similar conditions, and an approved alternative means of fire
protection is provided.
(Ord. No. 2006.02, 2-16-06)
Sec. 806. Interior finish and decorative materials.
Section
806.2.6 is amended as follows:
806.2.6. Fire-retardant
coatings. The required flame spread
or smoke-developed classification of surfaces
shall be permitted to be achieved by application of approved
fire-retardant coatings, paints or solutions to surfaces having a flame spread
rating exceeding that permitted. Such applications shall comply with NFPA 703
and the required fire-retardant properties shall be maintained or renewed in
accordance with the manufacturer’s instructions. Fire retardant coatings paints
or solutions shall be applied by personnel approved by the fire code official.
(Ord. No. 2006.02, 2-16-06)
Sec. 901.
General.
Section 901.6 is hereby amended as follows:
901.6. Inspection, testing and maintenance. Fire detection, alarm, firefighter breathing air and extinguishing systems shall be maintained in an operative condition at all times, and shall be replaced or repaired where defective. Non-required fire protection systems and equipment shall be inspected, tested and maintained or removed.
(Ord. No. 2007.70, 10-25-07)
Sec.
903. Automatic sprinkler systems.
Section
903.2 is hereby amended as follows:
903.2.
Where required. Approved
automatic sprinkler systems shall be provided in the locations described in
this section.
Section
903.2.1 is hereby amended as follows:
903.2.1.
New buildings or structures.
All areas of new buildings or structures, and other locations required
by this Chapter, shall be provided with an automatic fire sprinkler system
complying with Sections 903.3.1.1, 903.3.1.2 or 903.3.1.3 as applicable.
EXCEPTIONS: Unless the use of the
facility otherwise requires automatic fire sprinkler protection, fire sprinkler
systems shall not be required for the following:
1. R-3 occupancies of five thousand (5,000)
square feet or less and other buildings or structures accessory to R-3
occupancies.
2. Detached non-combustible carports of five
thousand (5,000) square feet or less in roof area.
3. Detached non-residential buildings of one
thousand (1,000) square feet or less in floor area.
4. Detached non-combustible canopies less
than five thousand (5,000) square feet in roof area used exclusively for
vehicle washing facilities or vehicle fuel dispensing stations.
5. Shade canopies less than five thousand
(5,000) square feet; not closer than five (5) feet to any building, property
line or other shade canopy; and shading one of the following: vehicles for sale
at a dealership, playground equipment, or outdoor eating areas without cooking.
6. Shipping containers used for storage
purposes and not closer than five (5) feet to any building, property line or
other container.
7. Exterior roofs, overhangs or canopies of
Type I, II or III construction with no combustible storage beneath.
8. Exterior covered/enclosed walkways of Type
I, II or III construction with enclosing walls that are at least fifty percent
(50%) open.
This
section is not intended to indicate all instances or circumstances where fire
sprinkler systems are required; refer to this chapter and the Tempe Fire Code
for other requirements.
Section 903.2.1.1 is hereby repealed.
Section 903.2.1.2 is hereby repealed.
Section 903.2.1.3 is hereby repealed.
Section 903.2.1.4 is hereby repealed.
Section 903.2.1.5 is hereby repealed.
Section 903.2.2 is hereby amended as follows:
903.2.2.
Group H-5 occupancies. An
automatic sprinkler system shall be installed throughout buildings containing
Group H-5 occupancies. The design of the sprinkler system shall not be less
than that required by this code for the occupancy hazard classifications in
accordance with Table 903.2.2. Where the design area of the sprinkler system
consists of a corridor protected by one row of sprinklers, the maximum number
of sprinklers required to be calculated is thirteen (13).
TABLE 903.2.2
GROUP H-5 SPRINKLER DESIGN CRITERIA
|
LOCATION |
OCCUPANCY
HAZARD CLASSIFICATION |
|
Fabrication
areas |
Ordinary
Hazard Group 2 |
|
Service
corridors |
Ordinary
Hazard Group 2 |
|
Storage rooms
without dispensing |
Ordinary
Hazard Group 2 |