HomeMy WebLinkAboutOrd 2014-05 ORDINANCE NO. 14-05
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS TOWN CODE, CHAPTER 11, SECTION 11-1-4, FIREWORKS,
AMENDING THE FOUNTAIN HILLS AMENDMENTS TO THE 2012
INTERNATIONAL FIRE CODE, APPENDIX K, CONTROL AND
SUPPRESSION OF HAZARDOUS FIRE AREAS, SECTION K110,
FIREWORKS, AND DECLARING AN EMERGENCY.
WHEREAS, the Fountain Hills Town Code (the "Town Code") prohibits the use of
fireworks within the corporate limits of the Town of Fountain Hills (the "Town"); and
WHEREAS, the Fifty-First Arizona Legislature, during the Second Regular Session,
adopted SB1158, which modified State law to require the Town allow the use of fireworks
within its corporate limits during certain times of the year; and
WHEREAS, SB1158 was signed by the Governor on April 22, 2014, as an emergency
measure that is necessary to preserve the public peace, health or safety, causing it to become
immediately effective; and
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town
l Council") desire to amend the Town Code to comply with the changes to State law.
`� NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The foregoing recitals are incorporated as if fully set forth herein.
SECTION 2. The Town Code, Chapter 11 (Offenses), Section 11-1-4 (Fireworks),
Subsection A(Definitions), Paragraph 6, is hereby amended as follows:
6. "Permissible consumer fireworks" means those fireworks defined as such by
ARIz. REV. STAT. § 36-1601, as amended, that m be sold withi the Town, o o where
SECTION 3. The Town Code, Chapter 11 (Offenses), Section 11-1-4 (Fireworks),
Subsection B (Use of fireworks prohibited; exceptions), is hereby amended as follows:
1. The use, discharge or ignition of Fireworks within the CORPORATE LIMITS OF
THE Town is prohibited, EXCEPT THAT PERMISSIBLE CONSUMER FIREWORKS
MAY BE USED DURING THE PERIODS OF JUNE 24 THROUGH JULY 6 AND
DECEMBER 24 THROUGH JANUARY 3 OF EACH YEAR.
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4. Failure to comply with any permit requirements issued by the fire chief or
authorized designee is a civil offense punishable by a base civil fine of up to seven
handred-and-fik ONE THOUSAND dollars ($1,000) for each violation.
SECTION 4. The Town Code, Chapter 11 (Offenses), Section 11-1-4, (Fireworks),
Subsection C (Sale of fireworks), is hereby amended as follows:
1. No person shall sell, permit or authorize the sale of Permissible Consumer
Fireworks to a person who is under sixteen (16) years of ago THE SALE OF
FIREWORKS WITHIN THE CORPORATE LIMITS OF THE TOWN IS
PROHIBITED, EXCEPT THAT PERMISSIBLE CONSUMER FIREWORKS MAY BE
SOLD DURING THE PERIODS OF MAY 20 THROUGH JULY 6 AND DECEMBER
10 THROUGH JANUARY 3 OF EACH YEAR.
2. No person shall sell, permit or authorize the sale of Permissible Consumer
Fireworks in conflict with State law. NOTHING IN THIS SUBSECTION C OR IN
THIS SECTION SHALL BE CONSTRUED TO PROHIBIT THE SALE OF NOVELTY
ITEMS.
3. NO PERSON SHALL SELL, PERMIT OR AUTHORIZE THE SALE OF
PERMISSIBLE CONSUMER FIREWORKS TO A PERSON WHO IS UNDER
SIXTEEN (16)YEARS OF AGE.
4. PERMITS FOR THE SALE OF PERMISSIBLE CONSUMER FIREWORKS
ARE REQUIRED AND MAY BE GRANTED BY THE FIRE CHIEF OR HIS
AUTHORIZED DESIGNEE. VIOLATIONS OF THIS SECTION OR ARIZONA
REVISED STATUTES, CHAPTER 13, ARTICLE 1, SHALL BE GROUNDS FOR
IMMEDIATE REVOCATION OF SUCH PERMIT.
5. THE STORAGE OF FIREWORKS WITHIN THE CORPORATE LIMITS OF
THE TOWN SHALL BE IN ACCORDANCE WITH THE NATIONAL FIRE
PROTECTION ASSOCIATION STANDARDS 1124, 2006 EDITION, AS AMENDED.
SECTION 5. The Town Code, Chapter 11 (Offenses), Section 11-1-4 (Fireworks),
Subsection E (Authority to enforce violations of this section; means of enforcement), is hereby
amended as follows:
2. Any person authorized pursuant to this section to issue a civil CITATION
complaint may also issue a notice of violation specifying actions to be taken and the time
in which they are to be taken to avoid issuance of a civil CITATION or criminal
complaint
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3. A Maricopa County Sheriff Deputy or the Town Prosecutor may issue criminal
eemplaints-te-enferce4his-Seetien,
SECTION 6. The Town Code, Chapter 11 (Offenses), Section 11-1-4 (Fireworks),
Subsection G(Penalty), is hereby amended as follows:
G. Penalty. Unless otherwise specifically set forth in this section, the CIVIL penalty
for violating any prohibition or requirement imposed by this section is a BASE cuss
three misdemeanor FINE OF ONE THOUSAND DOLLARS ($1,000) FOR EACH
VIOLATION.
SECTION 7. The Fountain Hill Amendments to the 2012 International Fire Code,
Appendix K (Control and Suppression of Hazardous Fire Areas), Section K110 (Fireworks), is
hereby amended as follows:
K110.1 Fireworks. Fireworks shall not be used or possessed in hazardous fire areas,
EXCEPT AS PERMITTED BY STATE LAW. The fire code official or an appointed
representative is authorized to seize, take, remove or cause to be removed fireworks in
violation of this Section K110.
SECTION 8. The immediate operation of this Ordinance is necessary to ensure public
health and safety by complying with the statewide declaration of an emergency; therefore, an
emergency is hereby declared to exist. This Ordinance shall be in full force and effect from and
after its passage and approval by the Mayor and Town Council as required by law, and this
Ordinance is hereby exempt from the referendum provisions of the constitution and laws of the
State of Arizona.
SECTION 9. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason to be held invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
thereof.
SECTION 10. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are
hereby authorized and directed to execute all documents and take all steps necessary to carry out the
purpose and intent of this Ordinance.
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PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona,June 5,2014.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
d M. Ka anagh, Ma or Bevelyn J. Be e own Clerk
REVIEWED BY: APPROVED AS TO FORM:
4.AANTIL ata•V•taA"• 3 XL
Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney
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Revised 5t5J14
Ordinance 14-O5
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THE FOUNTAIN HILLS AMENDMENTS TO
THE 2012 INTERNATIONAL BUILDING CODE,
THE 2012 INTERNATIONAL RESIDENTIAL CODE
AND THE 2012 INTERNATIONAL FIRE CODE
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1967281.4
FOUNTAIN HILLS AMENDMENTS
TO THE 2012 INTERNATIONAL BUILDING CODE
The International Building Code, 2012 Edition, is amended in the following respects:
Section 101.1 is amended as follows:
Section 101.1 Title. Insert the words "Town of Fountain Hills" as the name of
jurisdiction.
Section 105.2 is deleted in its entirety and replaced with the following:
Section 105.2 Work exempt from permit. Exemptions from permit requirements of
this code shall not be deemed to grant authorization for any work to be done in any
manner in violation of the provisions of this code or any other laws or ordinances of this
jurisdiction. Permits shall not be required for the following:
Building:
1. One-story detached accessory structures used as tool and storage sheds,
playhouses and similar uses, provided the floor area does not exceed 120 square
feet(11 m2).
2. Fences not over 30 inches(762 mm)high.
3. Oil derricks.
4. Retaining walls that are not over 2 feet (610 mm) in height measured from the
bottom of the footing to the top of the wall, unless supporting a surcharge or
impounding Class I, II or IIIA liquids.
5. Painting, papering, tiling, carpeting, cabinets, counter tops and similar fmish
work.
6. Temporary motion picture, television and theater stage sets and scenery.
7. Shade cloth structures constructed for nursery or agricultural purposes, not
including service systems.
8. Swings and other playground equipment accessory to detached one- and two-
family dwellings.
9. Window awnings supported by an exterior wall that do not project more than 54
inches (1372 mm) from the exterior wall and do not require additional support of
Group R-3 and U occupancies.
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10. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5
feet 9 inches (1753 mm) in height.
Section 3109.2 is amended as follows:
3109.2 Definition. The following definition has been deleted in its entirety and replaced
as follows:
SWIMMING POOLS. Any structure intended for swimming, recreational bathing or
wading that contains water. This includes any body of water more than 18 inches (457
mm) deep and/or more than 8 feet(2438.4 mm) across.
Section 3109.3 is deleted in its entirety and replaced with the following:
3109.3 Public swimming pools. Public swimming pools shall be completely enclosed
by a fence at least 5 feet (1524 mm) in height or a screen enclosure. Openings in the
fence shall not permit the passage of a 4-inch-diameter (102 mm) sphere. The fence or
screen enclosure shall be equipped with self-closing and self-latching gates.
Section 3109.4.1 is deleted in its entirety and replaced with the following:
3109.4.1 Barrier height and clearances. The top of the barrier shall be at least 60
inches (1524 mm) above grade measured on the side of the barrier that faces away from
the swimming pool and shall not exceed 72 inches (1829 mm) maximum height, except
as permitted by zoning code. The maximum vertical clearance between grade and the
bottom of the barrier shall be 2 inches (51 mm) measured on the side of the barrier that
faces away from the swimming pool. Where the top of the pool structure is above grade,
the barrier is authorized to be at ground level or mounted on top of the pool structure, and
the maximum vertical clearance between the top of the pool structure and the bottom of
the barrier shall be 4 inches (102 mm).
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FOUNTAIN HILLS AMENDMENTS ,41110)
TO THE 2012 INTERNATIONAL RESIDENTIAL CODE
Section R 105.2 is deleted in its entirety and replaced with the following:
R105.2 Work exempt from permit. Permits shall not be required for the following.
Exemption from permit requirements of this code shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions of this
code or any other laws or ordinances of this jurisdiction.
Building:
1. One-story detached accessory structures used as tool and storage sheds,
playhouses and similar uses, provided the floor area does not exceed 120 square
feet(11.15 mm).
2. Fences not over 30 inches (762 mm)high.
3. Retaining walls that are not over 2 feet (610 mm) in height measured from the
bottom of the footing to the top of the wall,unless supporting a surcharge.
4. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish
work.
5. Swings and other playground equipment. „.01)
6. Window awnings supported by an exterior wall which do not project more than
54 inches(1372 mm) from the exterior wall and do not require additional support.
Section AG102 is amended as follows:
AG 102.1 General. The definition of "Swimming Pool" is deleted in its entirety and
replaced with the following:
SWIMMING POOL. Any structure intended for swimming, recreational bathing or
wading and shall include any body of water more than 18 inches (457 mm) deep and/or
more than 8 feet (2438.4 mm) across. This includes in-ground, above-ground and on-
ground swimming pools, hot tubs, spas and water features.
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Cr' FOUNTAIN HILLS AMENDMENTS
TO THE 2012 INTERNATIONAL FIRE CODE
The International Fire Code, 2012 Edition, is amended as follows:
Section 101.1 is deleted in its entirety and replaced with the following:
Section 101.1 Title. These regulations shall be known as the Fire Code of the Town of
Fountain Hills, hereinafter referred to as "this code."
Section 101.2.1 is deleted in its entirety and replaced with the following:
101.2.1 Appendices. Provisions in the appendices shall be omitted or adopted as
follows:
1. Appendix A is omitted from adoption.
2. Appendix F is adopted as if fully set forth in this code.
3. Appendices B, C, D, E, G, H, I and J are adopted as if fully set forth in this code.
4. Two new Appendices, "K" (Control and Suppression of Hazardous Fire Areas)
and "L" (Excavation and Confinement) are added in the form attached hereto and
incorporated herein by reference.
Section 102 is amended by adding Subsection 102.10.1 as follows:
102.10.1 Conflicting references. When a provision of the 2012 International Fire Code
is in conflict with a provision of the National Fire Protection Association (NFPA)
Standards, and the conflict relates to life and building safety performance requirements,
the fire chief shall have the discretion to determine which provision shall apply.
Section 105.6.8 is amended by deleting the Exception and replacing it with the following:
Exceptions:
1. Vehicles equipped for and using compressed gas as a fuel for propelling the
vehicle.
2. Carbon Dioxide (inert and simple asphyxiant) shall require a permit for 200 cubic
feet or more at NTP.
Section 109.4 is hereby deleted in its entirety and replaced with the following:
109.4 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 civil offense, punishable by a base fine of not more than $1,000, which shall be
enforced in accordance with Section 1-8-3 of the Town Code, including the criminal
Cr, penalties set forth therein for recidivist offenders.
1967281.4 4
109.4.1 Abatement of violation. In addition to the imposition of the penalties herein „410)
described, the fire code official is authorized to institute appropriate action to prevent
unlawful construction or to restrain, correct or abate a violation; or to prevent illegal
occupancy of a structure or premises; or to stop an illegal act, conduct of business or
occupancy of a structure on or about any premises.
Section 202 is amended to add three new definitions as follows:
MULTIPLE SINGLE-FAMILY. Attached single family dwellings (e.g. townhouses),
not more than three stories in height, with a separate means of egress, constructed under
the International Residential Code(IRC).
NICET. National Institute for the Certification of Engineering Technologies, 1420 King
Street, Alexandria, VA 22314-2915
SKY LANTERN. A device designed to carry an open flame as an airborne light. Also
known as kongming lantern, wish lantern, sky candle or fire balloon.
Section 202 is amended by deleting Occupancy Classifications, Institutional Group I-1 and
Residential Groups R-3 and R-4 and replacing them with the following:
Institutional Group I-1. This occupancy shall include a building or part thereof housing
more than ten persons, on a 24-hour basis, who, because of age, mental disability or other
reasons, live in a supervised residential environment which provides personal 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 facilities, half-way houses,
group homes, congregate care (living) facilities, social rehabilitation facilities, alcohol
and drug centers and convalescent facilities.
A facility such as the above with five or fewer persons may be classified as Group R-3 or
may comply with the International Residential Code in accordance with Section 101.2 of
the International Building Code. A facility such as above, housing at least six and not
more than ten persons, may be classified as Group R-4.
Residential Group 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 dwelling units or adult and child care facilities that provide
accommodations for five or fewer persons of any age for less than 24 hours.
Congregate living care facilities with 5 or fewer persons. Adult and child care
facilities that are within a single-family home are permitted to comply with the
applicable edition of the International Residential Code and Section 7-1-1(B) of the
Town of Fountain Hills Town Code(the "Town Code").
Group R-3 Residential Care/Assisted Living Facilities occupancies in existing structures
with one to five clients shall meet the following requirements:
1967281.4 5
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1. Interconnected smoke detectors shall be installed in all livable areas in accordance
with the Town Code.
2. Evacuation maps and emergency procedures shall be posted and subject to Fire
Department approval.
3. Portable fire extinguishers in accordance with the Town Code.
Residential Group R-4. Residential occupancies that include buildings arranged for
occupancy as Residential Care/Assisted Living Facilities including more than five but not
more than ten occupants, excluding staff. The Residential Group R-4 shall also be
applicable to the following:
1. Buildings that do not contain more than two dwelling units.
2. Adult care facilities that provide accommodations for more than five but not more
than ten occupants of any age for less than 24 hours.
3. Child care facilities that provide accommodations for more than five but no more
than ten occupants of any age for less than 24 hours.
4. Congregate living care facilities with five or fewer persons.
5. Adult and child care facilities that are within a single-family home are permitted
to comply with the International Residential Code.
Occupancies providing care and accommodations for more than ten occupants, excluding
staff, shall be classified as defined in Group I occupancy types.
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Group R-4 occupancies in existing structures with six to ten clients and all new structures
shall meet the following requirements:
1. Interconnected smoke detectors shall be installed in all livable areas in accordance
with the Town Code.
2. Evacuation maps and emergency procedures shall be posted and subject to Fire
Department approval.
3. Portable fire extinguishers shall be provided in accordance with the Town Code.
4. An automatic fire sprinkler system shall be provided in accordance with the Town
Code.
Group R-4 Residential Care/Assisted Living Facilities occupancies shall meet the
requirements for construction as defined in the most recent Town-adopted version of the
International Building Code for Group R-3, except as otherwise provided in that code. In
the alternative, such occupancies may comply with the International Residential Code.
Section 308.1.1 is amended by adding a new Subsection 308.1.1.1(Sky Lanterns) to read as
follows:
308.1.1.1 Sky Lanterns. The lighting of, and the release of, sky lanterns is prohibited,
except when done pursuant to a special event permit issued by the Town.
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Section 308.1.4 is deleted in its entirety and replaced with the following:
308.1.4 Open-flame cooking devices.
308.1.4.1 Charcoal barbeques and similar devices. Charcoal burners, chimineas,
fixed or portable barbeques and other open flame devices shall not be operated on
combustible balconies or within 10' (3,048 mm) of combustible construction.
Exceptions:
1. One- and two-family dwellings.
2. When all of the following are met:
2.1 Where buildings, balconies and decks are non-combustible
construction or protected by an automatic sprinkler system.
2.2 Devices that are only fueled by piped natural gas or propane cylinders
less than 2.5 lbs liquid weight; provided that no more than three
propane cylinders are stored at the device.
308.1.4.2 Storage of open flame cooking devices and barbeques. Storage of the
open-flame cooking device will be allowed beneath an attached covered patio,
balcony, covered walkways, stair or roof overhang, provided it is at ground level, and
there is direct access to a location 10' away from any combustible construction for
cooking use.
Exception: If the fire department receives complaints or suspects the cooking
device or barbeque is being used in the storage location or otherwise in violation
of this code, the fire department will require the cooking device or barbeque to be
removed from the premises.
Section 503.1 is deleted in its entirety and replaced with the following:
Section 503.1 Where required. The fire chief may establish fire lanes on public and
private property for access and setup for fire-fighting equipment apparatus and vehicles.
Fire apparatus access roads shall be provided and maintained in accordance with Sections
503.1.1 through 503.1.3
Section 503.2 is amended to read as follows:
503.2 Specifications. Fire apparatus access roads shall be installed and arranged in
accordance with Sections 503.2.1 through 503.2.8 and the Town of Fountain Hills Design
Standards. For road construction details see the Town of Fountain Hills Subdivision
Ordinance.
Section 503.2.4 is deleted in its entirety and replaced with the following:
503.2.4 Turning Radius. The required turning radius of a fire apparatus access road shall
be determined by the fire code official and the Town of Fountain Hills Design Standards.
1967281.4 7
(Iirw Section 503.2.7 is deleted in its entirety and replaced with the following:
503.2.7 Grade. The grade of the fire apparatus access road shall be within the limits
established by the fire code official based on the Fire Department's apparatus. Access
roads shall comply with the following:
1. The grade of access for non-sprinklered properties shall not exceed 12%.
2. The grade of access for sprinklered properties shall not exceed 15% unless
permitted upon approval by both thefire chief and thefire code official.
Section 503 is amended by adding a new Subsection 503.2.9 (Temporary fire department access)
to read as follows:
503.2.9 Temporary fire department access. Prior to and during construction of every
facility, building or portion of a building, a temporary fire department access roadway
shall be installed and maintained and shall be 16'-0" (4,877 mm) wide, with a minimum
4" (101.6 mm) thickness of aggregate base course or decomposed granite compacted to a
90% density where natural soil will not meet compaction requirements.
Section 503.3 is deleted in its entirety and replaced with the following:
503.3 Marking. Where required by the fire code official, approved signs or other
approved notices or markings that include the words NO PARKING-FIRE LANE shall be
cor
provided for fire apparatus access roads to identify such roads or prohibit the obstruction
thereof. The means by which fire lanes are designated shall be maintained in a clean and
legible condition at all times and be replaced or repaired when necessary to provide
adequate visibility. Unless otherwise directed by the fire code official, all fire lanes shall
be marked in the following manner:
1. Fire lane signs shall be provided in accordance with Town of Fountain Hills
Standard Detail FH306.
2. Curbs, streets or driveways shall be painted red to indicate the fire lane and
labeled NO PARKING-FIRE LANE in white block letters 3" (76.2 mm) in
height, 0.75" (19.5 mm) stroke, on the vertical face of the curb to indicate fire
lane.
3. Fire lane signs shall not be greater than 50'-0" (15.24 m) apart and shall be posted
at the beginning and end of the fire lane.
Section 503 is amended by adding a new Subsection 503.7 (Gate keys)to read as follows:
503.7 Gate keys. The approved means of emergency operation set forth in Sections 503.5
and 503.6 shall include, at a minimum, key devices as required by this Section:
503.7.1 Key switch and sensor pre-emption location. A Knox key switch and a
pre-emption sensor shall be required on all powered entry control gates. Key
switches shall be installed in a location on the gate control panel that is readily visible
and accessible. The pre-emption sensor shall be at or behind the gate.
1967281.4 8
503.7.2 Manual gates. An approved dual padlock locking system shall be used on
manual gates. An approved Fire Department Knox padlock shall be used on one side
of the gate and the owners/management company's Knox padlock on the other.
Section 503.4 is deleted in its entirety and replaced with the following:
Section 503.4 Obstruction of fire apparatus access roads. It shall be unlawful for any
vehicle, equipment or device to park in or block the fire lane. Any vehicle, equipment or
device found parked in or blocking a fire lane shall be cited by the Town's law
enforcement officers. The minimum widths and clearances established in Section 503.2.1
shall be maintained at all times.
Section 507 is amended by adding new Subsections 507.5.1.2 (Hydrant spacing), 507.5.1.3
(Dead ends), 507.5.7 (Fire hydrant color) and 507.5.8 (Reflective markers) to read as follows:
507.5.1.2 Hydrant spacing. Fire hydrants shall be spaced on fire apparatus access roads
as follows:
1. Non-hillside. One and two family dwellings (IRC and R-3) developments, the
maximum distance is 1,000' (366 m) on center.
2. Hillside. One and two family dwellings (IRC and R-3) developments, the
maximum distance is 500' (183 m) on center. "Hillside" street grades shall mean
any grade above 9%.
3. For fire sprinkler commercial and R-1 and R-2 multifamily developments, the
maximum distance is 700' (213.36 m)on center.
4. Hillside cul-de-sacs. The maximum distance shall not exceed 300' (91.44 m) to
any hydrant from the end of a cul-de-sac.
507.5.1.3 Dead ends. On cul-de-sacs in residential and commercial developments, the
maximum distance to a hydrant shall not exceed one-half of the maximum allowable
distance between fire hydrants designated in Subsection 507.5.1, Exceptions.
Exception: On hillside development cul-de-sacs the maximum distance is 500'
(183 m) from the hydrant to the end of the cul-de-sac.
507.5.7 Fire hydrant color. All fire hydrants shall have aboveground barrels painted
with a prime coat plus two coats of OSHA yellow paint.
507.5.7.1 Reclaimed water fire hydrant color. All fire hydrants using a reclaimed
water supply shall have the caps and bonnet painted with a prime coat plus two coats
of black paint. A "DO NOT DRINK WATER"placard shall be affixed to the hydrant
in both English and Spanish.
507.5.8 Reflective markers. All fire protection equipment, fire department connections
and hydrants shall be clearly identified by installation of reflective blue markers. See
Town of Fountain Hills Standard Detail FH305.
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Section 607 is amended to add a new Subsection 607.1.1 (Minimum dimensions) to read as
follows:
607.1.1 Minimum dimensions. All elevators shall be constructed to allow the elevator
car to accommodate an ambulance stretcher. Where elevators are provided in buildings
four or more stories above grade plane or four or more stories below grade plane, at least
one elevator shall be provided for fire department emergency access to all floors.
Elevators designated as emergency access shall be measured on the inside face of the car
and shall not be less than 6'0" x 7'0" nominal. It shall be identified by the international
symbol for emergency medical services (star of life). The symbol shall be not less than 3"
high and shall be placed inside on both sides of the hoist way door frame.
Exception: Single family dwellings.
Section 901 is amended by adding new Subsections 901.2.2 (Plan certifications for fire alarm
systems and occupant notification), 901.2.3 (Plan certifications for fire sprinkler systems),
901.2.4 (Plan certification for all other fire protection systems) and 901.2.5 (On-site plans) to
read as follows:
901.2.2 Plan certification for fire alarm systems and occupant notification. All fire
alarm and occupant notification system plans submitted to the Fire Department for review
and approval shall bear a review certification of a minimum level III NICET in Fire
Alarms in accordance with the Fire Department Interpretation and Applications Manual.
901.2.3 Plan certification for fire sprinkler systems. All fire sprinkler plans submitted
to the Fire Department for review and approval shall bear a review certification of a
minimum level III NICET in Fire Sprinklers in accordance with the Fire Department
Interpretation and Applications Manual.
901.2.4 Plan certification for all other fire protection systems. Plan certification for
all other fire protection systems will be accompanied by a certification of competence,
the sufficiency of which will be determined by the fire code official.
901.2.5 On-site plans. Plans and specifications shall be submitted to the Fire
Department for review and approval prior to construction. One set of Fire Department
approved plans shall be on the job site for each inspection.
Section 905.3.4 is deleted in its entirety and replaced with the following:
905.3.4 Stages. Stages greater than 1,000 square feet in area (93 m2) shall be equipped
with a Class I wet standpipe system with 2.5" (64 mm) hose connections on each side of
the stage supplied from the automatic fire sprinkler system and shall have a flow rate of
not less than that required for Class I standpipes.
Exception: Where the building or area is equipped throughout with an automatic
sprinkler system, a 1.5" (38 mm) hose connection shall be installed in accordance
with NFPA 13 or in accordance with NFPA 14 for Class II or III standpipes.
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Section 907.2 is amended by adding a new Exception 3, to read as follows:
3. Fire alarm systems are not required in fully-sprinklered, multi-family R2 structures.
This does not exclude occupant notifications.
Section 912 is amended to add a new Subsection 912.2.3 (Remote Fire Department connections)
to read as follows:
912.2.3 Remote Fire Department connections. Remote fire department connections
shall be located between 4' (1,219 mm) and 8' (2,438 mm) of the curb line of an access
road or public street, or as otherwise specified by the fire code official. The fire
department connection line shall be a wet line with the check valve at the hose
connection above grade.
Section 1103 is amended to add new Subsections 1103.7.8 (Apartments, condominiums and
conversions), 1103.8.1.1 (Owner landlord and occupant responsibilities), 1103.8.1.2 (Special
definitions) and 1103.8.1.3 (Records maintenance) to read as follows:
1103.7.8 Apartments, Condominiums and Conversions. All apartments and
condominiums constructed without a sprinkler system and all conversions made in
buildings without a sprinkler system shall install smoke alarms in compliance with this
code.
Exception: If no construction is being done or if construction does not include the
removal of the ceiling membrane-exposing the building framing-the smoke alarms
may be battery operated only, provided the battery is a long life type.
1103.8.1.1 Owner landlord and occupant responsibilities. Devices provided and
maintained in a dwelling unit occupied under the terms of a rental agreement or under a
month to month tenancy:
1. At the time of each occupancy the landlord shall provide smoke detection devices
in working condition and after written notification by the tenant, shall be
responsible for replacement; and
2. The tenant shall keep the devices in working condition by keeping charged
batteries in battery operated devices, by testing the devices periodically, and by
refraining from permanently disabling the devices.
1103.8.1.2 Special definitions. In this Section 1103, "dwelling unit," "landlord," "rental
agreement," and "tenant" have the meanings set forth in Arizona Revised Statutes
Section 33-1310, as amended.
1103.8.1.3 Records and maintenance. The landlord or owner of any rental property
shall inspect all smoke detection devices as required under NFPA 72 annually and a
record of all inspections and maintenance activities shall be kept by the landlord or
owner. The records shall be available for inspection upon request by the fire code official.
1967281.4 11
(law
Section 2301 is amended by deleting Subsection 2301.4 (motor fuel- dispensing facilities) in its
entirety and replacing it with the following:
2301.4 Indoor automotive motor fuel-dispensing facilities. Locating motor vehicle
fuel-dispensing stations inside buildings is prohibited within the entire Town.
Section 2301 is amended by adding a new Subsection 2301.7 (Fire protection) to read as
follows:
2301.7 Fire protection. Fire sprinkler protection shall be designed in accordance with
the applicable building code as required for Ordinary Hazard Group 2.
Section 2306 is amended by deleting Subsections 2306.2.2 (Above-ground tanks located inside
buildings) and 2306.2.3 (Above-ground tanks located outside, above grade) in their entirety and
replacing them with the following:
2306.2.2 Above-ground tanks located inside buildings. Above-ground tanks for the
storage of Class I, II and IIIA liquid fuels are prohibited within the entire Town.
2306.2.3 Above-ground tanks located outside, above grade. Above-ground tanks for
the storage of Class I, II and IIIA liquid fuels outside of buildings are prohibited within
the entire Town.
Exception: Installations of tanks capable of holding 2,000 gallons (7,570.8 L), either
individually or in the aggregate, may be approved only by special permit issued by
the fire code official in accordance with this code.
Section 5706 is amended by deleting Subsection 5706.2.4.4 (Locations where above-ground
tanks are prohibited) in its entirety and replacing it with the following:
5706.2.4.4 Locations where above-ground tanks are prohibited. Storage of Class I
and II liquids in above-ground tanks outside of buildings is prohibited within the entire
Town.
Exception: Installations of tanks capable of holding 2,000 gallons (7,570.8 L), either
individually or in the aggregate, may be approved only by special permit issued by
thefire code official in accordance with this code.
Section 6101 is amended by deleting Subsection 6101.2 (permits) in its entirety and replacing it
with the following:
6101.2 Permits. Permits shall be required as set forth in Sections 105.6 and 105.7. A
permit is required for all containers over 10 gallons water capacity. Distributors shall not
fill an LP-gas container for which a permit is required unless a permit for installation has
been issued for that location by thefire code official.
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1967281.4 12
Section 6104 is amended by adding a new footnote, (e)(5), to table 6104.3 (Location of LP-gas
containers)to read as follows:
5. A container of less than 125 gallons (473.18 L) may be located next to a block fence
when the container is not within 5' (1,524 mm) of a structure on adjoining property.
Section 6109 is amended by adding a new Subsection 6109.15.2 (Quantity of exchange pre-
filled containers)to read as follows:
6109.15.2 Quantity of exchange pre-filled containers. The storage of portable
containers at consumer exchange sites or distribution points shall be limited to a
maximum of 20 containers, each with a capacity of 20 lb or less, whether filled, partly
filled or empty.
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1967281.4 13
(kw APPENDIX K
CONTROL AND SUPPRESSION OF HAZARDOUS FIRE AREAS
SECTION K101 SECTION K103
GENERAL PERMITS
K101.1 Scope. The unrestricted use of grass-, grain-, K103.1 Permits. The fire chief is authorized to
brush- or forest-covered land in hazardous fire areas stipulate conditions for permits. Permits shall not be
is a potential menace to life and property from fire issued when public safety would be at risk, as
and resulting erosion. Safeguards to prevent the determined by the fire code official.
occurrence of fire and provide adequate fire-
protection facilities to control the spread of fire which SECTION K104
might be caused by recreational, residential, RESTRICTED ENTRY
commercial, industrial or other activities conducted in
hazardous fire areas shall be in accordance with this K104.1 Restricted entry. The fire code official
Appendix K. shall determine and publicly announce when
hazardous fire areas shall be closed to entry to the
SECTION K102 general public and when such areas shall again be
DEFINITIONS opened to entry. Entry on and occupation of
hazardous fire areas is prohibited during such time
K102.1 Definitions. For the purpose of this when the hazardous fire area is closed to entry,
Appendix K, these terms are defined as follows: except public roadways, inhabited areas or
established trails and camps sites that have not been
HAZARDOUS FIRE AREA. Any area that is specifically closed.
determined to be a greater risk of fire due to the
presence of combustible vegetation or materials, Exception: Entry, in the course of duty, by
adverse terrain or adverse weather, including any peace officers or other duly authorized public
area designated by any authorized federal, state officers, members of a fire department and
or local entity as (i) a Fire Danger rating of members of the United States Forest Service.
"High" or "Extreme" or (ii) included within a
fire ban area. SECTION K105
TRESPASSING ON POSTED PROPERTY
TRACER. Any bullet or projectile incorporating
a feature which marks or traces the flight of said K105.1 General. When the fire code official
bullet or projectile by flame, smoke or other determines that a specific area within a hazardous
means which results in fire or heat. fire area presents an exceptional and continuing fire
danger because of the density of natural growth,
TRACER CHARGE. Any bullet or projectile difficulty of terrain, proximity to structures or
incorporating a feature designed to create a accessibility to public, such areas shall be closed
visible or audible effect by means which results until changed conditions warrant termination of
in fire or heat and shall include any incendiary closure. Such areas shall be posted as hereafter
bullets or projectiles. provided.
K105.2 Signs. Approved signs prohibiting entry by
unauthorized persons and referring to Appendix H
shall be placed on every closed area.
1967281.4 14
K105.3 Trespassing. Entering and remaining given away, used, discharged, transported or 11
within posted closed areas is prohibited. disposed of within hazardous fire areas except by
permit issued by thefire code official.
Exception: Local, State, and Federal Public
Officers and their authorized agents acting in the SECTION K110
course of duty. FIREWORKS
SECTION K106 K110.1 Fireworks. Fireworks shall not be used or
SMOKING possessed in hazardous fire areas, except as
permitted by state law. The fire code official or an
K106.1 General. Lighting, igniting or otherwise appointed representative is authorized to seize, take,
setting fire to or smoking tobacco, cigarettes, pipes remove or cause to be removed fireworks in
or cigars in hazardous fire areas is prohibited. violation of this Section K110.
Exception: Places of habitation or within the SECTION K111
boundaries of established smoking areas or APIARIES
campsites as designated by thefire code official.
K111.1 Apiaries. Lighted and smoldering material
SECTION K107 shall not be used in connection with smoking bees in
SPARK ARRESTERS or upon hazardous fire areas except by permit issued
by thefire code official.
K107.1 Spark arresters. Chimneys used in
conjunction with fireplaces, barbeques, incinerators SECTION K112
or heating appliances in which solid or liquid fuel is OPEN-FLAME DEVICES
used, upon buildings, structures or premises located
within 200' (60.96 M) of hazardous fire areas shall K112.1 Open-flame devices. Welding torches, tar
be provided with a spark arrester constructed with pots, decorative torches and other devices, machines
heavy wire mesh or other noncombustible material or processes liable to start or cause fire shall not be
with openings not to exceed 0.5" (12.7 mm). operated or used in or upon hazardous fire areas,
except by permit issued by thefire code official.
SECTION K108
TRACER BULLETS,TRACER CHARGES, Exception: Use within inhabited premises or
ROCKETS AND MODEL AIRCRAFT designated campsites that are a minimum of 30'
(9,144 mm) from grass-, grain-, brush- or
K108.1 General. Tracer bullets and tracer charges forest-covered areas.
shall not be possessed within or fired or caused to be
fired into or across hazardous fire areas. Rockets, K112.2 Flame-employing devices. Flame-
model planes, gliders and balloons powered with an employing devices, such as lanterns or kerosene road
engine propellant or other feature capable of starting flares, shall not be operated or used as a signal or
or causing a fire shall not be fired or projected into marker in or upon hazardous fire areas.
or across hazardous fire areas.
Exception: The proper use of fuses at the scene
SECTION K109 of an emergency or as required by Fire
EXPLOSIVES AND BLASTING Department standard operating procedures.
K109.1 Explosives and blasting. Explosives shall
not be possessed, kept, stored, sold, offered for sale,
1967281.4 15
SECTION K113 Exception: When approved bythe fire code
P pp
OUTDOOR FIRES official, unprotected openings in barbeques and
grills are permitted where necessary for proper
K113.1 Outdoor fires. Outdoor fires shall not be functioning.
built, ignited or maintained in or upon hazardous fire
areas, except by permit issued by the fire code SECTION K115
official. CLEARANCE OF BRUSH AND VEGETATIVE
GROWTH FROM ELECTRICAL
Exception: Outdoor fires within habited TRANSMISSION LINES
premises or designated campsites where such
fires are built in a permanent barbeque, portable K115.1 General. Clearance of brush and vegetative
barbeque, outdoor fireplace, incinerator or grill growth from electrical transmission lines shall be in
and are a minimum of 30' (9,144 mm) from a accordance with this Section K115.
grass-, grain-, brush- or forest-covered area.
Exception: Section K115 does not authorize
K113.2 Permits. Permits shall incorporate such persons not having legal right of entry to enter
terms and conditions that will reasonably safeguard upon or damage the property of others without
public safety and property. Outdoor fires shall not be consent of the owner.
built, ignited or maintained in or upon hazardous fire
areas when any of the following conditions exists: K115.2 Support clearance. Persons owning,
controlling, operating or maintaining electrical
1. When surface winds in excess of ten miles transmission lines upon hazardous fire areas shall, at
per hour are blowing. all times, maintain around and adjacent to poles
2. When a person age 17 or over is not present supporting a switch, fuse, transformer, lightning
at all times to watch and tend to the fire. arrester, line junction, dead end, corner pole, tower
3. When a public announcement is made that or other pole at which power company employees
open burning is prohibited. are likely to work most frequently, an effective
firebreak consisting of a clearing or not less than 10'
K113.3 Waste burning prohibited. Permanent (3,048 mm) in each direction from the outer
barbeques, portable barbeques, outdoor fireplaces or circumference of such pole or tower.
grills shall not be used for the disposal of rubbish,
trash or combustible waste material. Exception: Lines used exclusively as telephone,
telegraph, messenger call, alarm transmission or
SECTION K114 other lines classed as communication circuits by
INCINERATORS AND FIREPLACES a public utility.
K114.1 General. Incinerators, outdoor fireplaces, K115.3 High tension line clearance. Persons
permanent barbeques and grills shall not be built, owning, controlling, operating or maintaining
installed or maintained in hazardous fire areas electrical transmission lines upon hazardous fire areas
without prior approval of the fire code official. shall maintain the clearance specified in this Section
Incinerators, outdoor fireplaces, permanent K115.3 in all directions between vegetation and
barbeques and grills shall be maintained in good conductors carrying electrical current. Such distance
repair and in a safe condition at all times. Openings shall be sufficiently great to furnish the required
in such appliances shall be provided with an clearance from the particular wire or conductor to
approved spark arrester, screen or door. positions of such wire or conductor at temperatures of
(op, 120 F (48.9 C) or less. Forked, dead, old, decaying
1967281.4 16
and rotten trees; trees weakened by decay or disease; mm) from such buildings or structures when
and trees leaning toward the line, that could contact required by the fire chief because of extra-
the line from the side or fall on the line, shall be hazardous conditions causing a firebreak of
felled, cut or trimmed and removed from the only 30' (9144 mm) to be insufficient to
hazardous fire area. In no event shall the distances be provide reasonable fire safety.
maintained at less than the following:
Exception: Grass and other vegetation
1. For lines operating at 2,400 volts and less located more than 30' (9,144 mm) from
than 68,000 volts, 4' (1,219 mm). buildings or structures and less than 18"
2. For lines operating at 68,000 volts and less (457 mm) in height above the ground
than 110,000 volts, 6' (1,829 mm). need not be removed where necessary to
3. For lines operating at 110,000 volts and over, stabilize the soil and prevent erosion.
10' (3,048 mm).
3. Remove portions of trees that extend within
K115.4 Self-supporting aerial cable. Line 10' (3,048 mm) of the outlet of a chimney.
clearance is not required for self-supporting aerial 4. Maintain trees adjacent to or overhanging a
cable, except that forked trees, leaning trees and building free of deadwood.
other growth that could fall across the cable and 5. Maintain the roof of a structure free of leaves,
break it shall be removed. needles or other dead vegetative growth.
SECTION K116 SECTION K117
CLEARANCE OF BRUSH OR VEGETATION CLEARANCE OF BRUSH OR VEGETATION
GROWTH FROM STRUCTURES GROWTH FROM ROADWAYS
K116.1 General. Persons owning, leasing, K117.1 Clearance of brush or vegetation. The fire
controlling, operating or maintaining buildings or code official is authorized to cause areas within 10'
structures in, upon or adjoining hazardous fire areas, (3,048 mm) on each side of portions of highways
and persons owning, leasing or controlling land and private streets which are improved, designed or
adjacent to such buildings or structures, shall at all ordinarily used for vehicular traffic to be cleared of
times: flammable vegetation and other combustible growth.
The fire code official or an appointed representative
1. Maintain an effective firebreak by removing is authorized to enter upon private property to do so.
and clearing away flammable vegetation and
combustible growth from areas within 30' Exception: Single specimens of trees,
(9,144 mm) of such buildings or structures. ornamental shrubbery or cultivated ground such
as green grass, ivy, succulents or similar plants
Exception: Single specimens of trees, used as ground cover, provided that they do not
ornamental shrubbery or similar plants form a means of readily transmitting fire.
used as ground covers, provided that they
do not form a means of rapidly SECTION K118
transmitting fire from the native growth UNUSUAL CIRCUMSTANCES
to any structure.
K118.1 Unusual circumstances. If the fire code
2. Maintain additional fire protection or a official determines that difficult terrain, danger of
firebreak by removing brush, flammable erosion or other unusual circumstances make strict
vegetation and combustible growth located compliance with the clearance of vegetation
between 30' and 100' (9,144 mm to 30,480 provisions of Sections K115, K116 or K117
1967281.4 17
if
impractical, enforcement thereof may be suspended obstructs the entrance to a fire road or firebreak.
and reasonable alternative measures, as determined Exception: Public officers acting within their
by the fire code official, shall be provided. scope of duty.
SECTION K119 K121.2 Obstructions. Radio and television aerials,
DUMPING guy wires thereto, and other obstructions shall not be
installed or maintained on fire roads or firebreaks
K119.1 Dumping. Garbage, cans, bottles, papers, unless located 16' (5,877 mm) or more above such
ashes, refuse, trash, or rubbish or combustible waste fire road or firebreak.
material shall not be placed, deposited or dumped in
or upon hazardous fire areas or in, upon along trails, SECTION K122
roadways or highways in hazardous fire areas. USE OF MOTORCYCLES,MOTOR
SCOOTERS AND MOTOR VEHICLES
Exceptions: Approved public and private
dumping areas. K122.1 Use of motor vehicles. Motorcycles, motor
scooters and motor vehicles shall not be operated
SECTION K120 within hazardous fire areas without a permit by the
DISPOSAL OF ASHES fire code official, except upon clearly established
public or private roads. Permission from the
K120.1 Disposal of ashes. Ashes and coals shall not property owner shall be presented when requesting a
be placed, deposited or dumped in or upon hazardous permit.
fire areas.
SECTION K123
Exceptions: TAMPERING WITH FIRE DEPARTMENT
LOCKS, BARRICADES AND SIGNS
1. In the hearth of an established fire pit, camp
stove or fireplace. K123.1 Tampering with fire department locks,
2. In a noncombustible container with a tight- barricades and sign. Locks, barricades, seals,
fitting lid, which is kept or maintained in a cables, signs and markers installed within hazardous
safe location not less than 10' (3,048 mm) fire areas, by or under the control of the fire code
from combustible vegetation or structures. official, shall not be tampered with, mutilated,
3. Where such ashes or coals are buried and destroyed or removed. Gates, doors, barriers and
covered with 1 foot (304.8 mm) of mineral locks installed by or under the control of the fire
earth not less than 25' (7,620 mm) from code official shall not be unlocked.
combustible vegetation or structures.
SECTION K124
SECTION K121 LIABILITY FOR DAMAGE
USE OF FIRE ROADS AND FIREBREAKS
K124.1 Liability for damage. The expenses of
K121.1 Use of fire roads and firebreaks. fighting fires that result from a violation of this
Motorcycles, motor scooters and motor vehicles Appendix K shall be charged against any person
shall not be driven or parked upon, and trespassing is whose violation of Appendix K caused the fire.
prohibited upon, fire roads or firebreaks beyond the Such expenses shall constitute a debt of such person
point where travel is blocked by a cable, gate or sign, and are collectable by the fire code official in any
without the permission of the property owner. manner permitted by law.
Vehicles shall not be parked in a manner that
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1967281.4 18
APPENDIX L
EXCAVATION AND CONFINEMENT
SECTION L101 of the trench (measured at the bottom) is not
GENERAL greater than 15'. If forms or other structures
are installed or constructed in an excavation so
L101.1 Scope. The provisions of this Appendix L as to reduce the dimension measured from the
shall apply to any man-made cut, cavity, trench or form or structures to the side of the excavation
depression in the earth's surface caused by earth is 15' or less,the excavation is a trench.
removal, and are intended to identify procedures
to protect employees from the hazards of entry SECTION L103
into confined spaces. EXCAVATION AND TRENCHES
SECTION L102 L103.1 Excavations and trenches. Excavations
DEFINITIONS and trenches shall be in accordance with 29CFR,
Part 1926, Subpart P.
L102.1 Definitions. For the purpose of this
Appendix L,these terms are defined as follows: SECTION L104
CONFINED SPACES
CONFINED SPACE. A space that meets all
of the following: L104.1 Confined spaces. Confined spaces shall
be in accordance with 29CFR, Part 1910.146.
1. Is large enough and configured in a Other recognized standards that must be adhered ftrOF
manner to allow an employee to enter to include 40CFR, Parts 280 and 281.
and to perform assigned work.
2. Has limited or restricted means for SECTION L105
entry or exit. UNSAFE CONDITIONS
3. Is not designed for continuous
employee occupancy. L105.1 Unsafe conditions. When, in the opinion
of the fire code official or his/her designee, an
EXCAVATION. Any man-made cut, cavity, unsafe condition exists, excavation and confined
trench or depression in an earth surface that space operations shall cease until such time as
has been formed by earth removal. adequate means have been taken to provide for
the safety of persons working in or around the
TRENCH. A narrow excavation made below excavation or confined space. Failure to do so
the surface of the ground. In general, the may result in citations and fines.
depth is greater than the width, but the width
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1967281.4 19