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HomeMy WebLinkAboutOrd 2008-07 ORDINANCE NO. 08-07 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING BY REFERENCE THE "2006 INTERNATIONAL BUILDING CODE," THE "2006 INTERNATIONAL MECHANICAL CODE," THE "2006 INTERNATIONAL PLUMBING CODE", THE "2005 NATIONAL ELECTRICAL CODE," THE "2006 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE," THE "2006 INTERNATIONAL ENERGY CONSERVATION CODE," THE "2006 INTERNATIONAL FIRE CODE," THE "THE FOUNTAIN HILLS AMENDMENTS TO THE 2006 INTERNATIONAL BUILDING CODE, THE 2006 INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO- FAMILY DWELLINGS, THE 2006 INTERNATIONAL ENERGY CONSERVATION CODE AND THE 2006 INTERNATIONAL FIRE CODE" THE "2006 INTERNATIONAL RESIDENTIAL CODE" AND THE "2006 INTERNATIONAL FUEL GAS CODE"; AND AMENDING THE FOUNTAIN HILLS TOWN CODE, CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS, RELATING TO THE CODIFICATION OF SAME. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That, pursuant to ARrz. REV. STAT. § 9-802, those certain documents L. known as the "2006 International Building Code," the "2006 International Plumbing Code," the "2006 International Mechanical Code," the "2005 National Electrical Code," the "2006 Uniform Swimming Pool, Spa and Hot Tub Code," the "2006 International Energy Conservation Code," the "2006 International Fire Code," the "Fountain Hills Amendments to the 2006 International Building Code, the 2006 International Residential Code for One- and Two-Family Dwellings, the 2006 International Energy Conservation Code and the 2006 International Fire Code," the "2006 International Residential Code" and the "2006 International Fuel Gas Code" (the "Technical Codes") three copies of which are on file in the office of the Town Clerk and are available for public use and inspection during normal business hours, which documents were made public records by Resolution 2008-8, are hereby referred to, adopted and made a part hereof as if fully set forth in this Ordinance. SECTION 2. That the Fountain Hills Town Code, Chapter 7, Buildings and Building Regulations, Article 7-1, Technical Codes, Section 7-1-1, Adoption by Reference; Violations, is hereby amended as follows: A. The following listed publications, three copies of which are on file in the office of the town clerk and which are available for public inspection during normal business hours, are hereby adopted by reference, together with all appendices and supplements thereto, as if set out at length in this code. 1. The International Building Code, 2006 Edition and all supplements, as published by the International Code Council 839389.1 J fir► 2. The International Mechanical Code, 2006 Edition and all supplements, as published by the International Code Council. 3. The National Electrical Code, 2005 Edition and all supplements, as published by the National Fire Protection Association. 4. The Uniform Swimming Pool, Spa and Hot Tub Code, 2006 Edition and all supplements, as published by IAPMO. 5. The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition and all supplements, as published by the International Conference of Building Officials. 6. The International Plumbing Code, 2006 Edition and all supplements, as published by the International Code Council. 7. The Maricopa Association of Governments Standard Specifications and Uniform Details for Public Works Construction. 8. The International Energy Conservation Code, 2006 Edition and all Supplements, as published by the International Code Council. thir 9. The International Fire Code, 2006 Edition and all Supplements, as published by the International Code Council. 10. The International Residential Code, 2006 Edition including Appendix G and all supplements, as published by the International Code Council. 11. The International Fuel Gas Code, 2006 Edition and all supplements, as published by the International Code Council. 12. The Fountain Hills Amendments to the 2006 International Building Code, the 2006 International Residential Code for One- and Two-Family Dwellings, the 2006 International Energy Conservation Code and the 2006 International Fire Code. SECTION 3. That, except as set forth below, any person found guilty of violating any provision of the Technical Codes shall be guilty of a class one misdemeanor, punishable by a fine not to exceed $2,500.00 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Any person found guilty of violating any provisions of the 2006 International Fire Code or that portion of the "Fountain Hills Amendments to the 2006 International Building Code, the 2006 International Residential Code for One- and Two-Family Dwellings, the 2006 International Energy Conservation Code and the 2006 International Fire Code" relating to the 2006 International Fire Code shall be subject to a civil sanction for the first such violation and, for a subsequent violation thereof, shall be guilty of a class one misdemeanor, 839389.1 2 J J punishable by a fine not to exceed $2,500.00 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, April 17, 2008. FOR THE TOW OF FOUNTAIN HILLS: ATTESTED TO: tfl W. J. Nicho s, M yor Bevelyn J. Bend , T n Clerk REVIEWED BY: APPROVED AS TO FORM: ilCk1)1i/1 \, Kath en M. Zanon, Interim Town Manager An rew J. McGuire, Town Attorney L 839389.1 3 j L THE FOUNTAIN HILLS AMENDMENTS TO THE 2006 INTERNATIONAL BUILDING CODE, THE 2006 INTERNATIONAL RESIDENTIAL CODE FOR ONE-AND TWO-FAMILY DWELLINGS, THE 2006 INTERNATIONAL ENERGY CONSERVATION CODE AND THE 2006 INTERNATIONAL FIRE CODE L 851905.1 FOUNTAIN HILLS AMENDMENTS TO THE 2006 INTERNATIONAL BUILDING CODE The International Building Code, 2006 Editions, 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 finish 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 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: (,4) 851905.1 1 I SWIMMING POOLS. Any structure intended for swimming, recreational bathing or wading that contains water. This includes any body of water 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). Section 3109.4.1.3 is deleted in its entirety and replaced with the following: 3109.4.1.3 Closely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 54 inches (1372 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1.75 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1.75 inches (44 mm) in width. Section 31094.1.4 is deleted in its entirety and replaced with the following: 31094.1.4 Widely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 54 inches (1372 mm) or more, spacing between vertical members shall not exceed 4 inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1.75 inches (44 mm) in width. Section 3109.4.8 is deleted in its entirety and replaced with the following: 3109.4.1.8 Dwelling wall as a barrier. Where a wall of a dwelling serves as part of the barrier, one of the following shall apply and when selecting items 1, 2 or 3 of 3109.4.1.8 851905.1 2 below, the following provision shall be included. Emergency escape or rescue windows from sleeping rooms with access to the swimming pool or body of water shall be (,10) equipped with a latching device not less than 54 inches (1372 mm) above the floor. All other openable dwelling unit or guest room windows with similar access shall be equipped with a screwed in place wire mesh screen, or a key lock that prevents opening the window more than 4 inches (102 mm), or a latching device located not less than 54 inches (1372 mm) above the floor. Exception: When item number 4 is selected as the barrier between the interior of the dwelling and the pool or body of water, then items 1, 2 or 3 within section 3109.4.1.8 will be considered satisfied. 1. Doors with direct access to the pool through that wall shall be equipped with an alarm that produces an audible warning when the door and/or its screen, if present, are opened. The alarm shall be listed in accordance with UL 2017. The audible alarm shall activate within 7 seconds and sound continuously for a minimum of 30 seconds after the door and/or its screen, if present, are opened and be capable of being heard throughout the house during normal household activities. The alarm shall automatically reset under all conditions. The alarm shall be equipped with a manual means, such as touchpad or switch, to temporarily deactivate the alarm for a single opening. Such deactivation shall last for not more than 15 seconds. In dwellings not required to be Accessible, Type A or Type B units, the deactivation switch shall be located 54 inches (1372 mm) or more above the threshold of the door. In dwellings required to be Accessible, Type A or Type B units, the deactivation switch(es) shall be located at 54 inches (1372 mm) maximum and 48 inches minimum above the threshold of the door. 2. The pool shall be equipped with a power safety cover that complies with ASTM F 1346. 3. Other means of protection, such as self-closing doors with self-latching devices, which are approved by the administrative authority, shall be accepted so long as the degree of protection afforded is not less than the protection afforded by Section 3109.4.1.8, Item 1 or 2. 4. Installation of a 54 inch (1372 mm) high pool fence that completely separates the pool from the inside of the house and complies with gate, latch and spacing requirements found within section 3109. 851905.1 3 r FOUNTAIN HILLS AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE, 2006 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. kiw5. Swings and other playground equipment. 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 following definition has been deleted in its entirety and replaced as follows: SWIMMING POOL. Any structure intended for swimming, recreational bathing or wading and shall include any body of water 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. Section AG 105.2 is deleted in its entirety and replaced with the following: AG105.2 Outdoor swimming pool. An outdoor swimming pool, including an in- ground, above-ground or on-ground pool, hot tub, spa or water feature shall be surrounded by a barrier which shall comply with the following: 1. The top of the barrier shall be at least 60 inches (1530 mm) above grade measured (rip, on the side of the barrier that faces away from the swimming pool, and shall not 851905.1 4 exceed 72 inches (1836 mm) maximum height, except as permitted by zoning code. The maximum vertical clearance between grade and the bottom of the (,411) barrier shall be 2 inches (51 mm) measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an above-ground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches (102 mm). 2. Openings in the barrier shall not allow passage of a 4-inch diameter (102 mm) sphere. 3. Solid barriers which do not have openings, such as a masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. 4. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 54 inches (1372 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1 3/4 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 3/4 inches (44 mm) in width. 5. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 54 inches (1143 mm) or more, spacing between vertical members shall not exceed 4 inches (102 min). Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1-3/4 inches (44 mm) in width. 6. Maximum mesh size for chain link fences shall be a 2 Y4 inch (57 mm) square unless the fence has slats fastened at the top or the bottom which reduce the openings to not more than 13/4 inches (44 mm). 7. Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall not be more than 1% inches (44 mm). 8. Access gates shall comply with the requirements of Section AG105.2, Items 1 through 7, and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches (1372 mm) from the bottom of the gate, the release mechanism and openings shall comply with the following: (14) 851905.1 5 8.1. The release mechanism shall be located on the pool side of the gate at Lleast 3 inches (76 mm)below the top of the gate; and 8.2. The gate and barrier shall have no opening larger than 1/2 inch (13 mm) within 18 inches (457 mm) of the release mechanism. 9. Where a wall of a dwelling serves as part of the barrier, one of the following conditions shall be met. In addition to selecting items 9.1, 9.2 or 9.3 of AG105.9 below, the following provision shall be included: Emergency escape or rescue windows from sleeping rooms with access to the swimming pool or body of water shall be equipped with a latching device not less than 54 inches (1372 mm) above the floor. All other openable dwelling unit or guest room windows with similar access shall be equipped with a screwed in place wire mesh screen or a key lock that prevents opening the window more than 4 inches (102mm) or a latching device located not less than 54 inches (1372 mm) above the floor. Except: when item 9.4 is selected as the barrier between the interior of the dwelling and the pool or body of water, then items 9.1 or 9.2 or 9.3 within section AG105.2.9 will be considered satisfied. 9.1. The pool shall be equipped with a powered safety cover in compliance with ASTM F 1346; or (lbw 9.2. Doors with direct access to the pool through that wall shall be equipped with an alarm which produces an audible warning when the door and/or its screen, if present, are opened. The alarm shall be listed in accordance with UL 2017. The audible alarm shall activate within 7 seconds and sound continuously for a minimum of 30 seconds after the door and/or its screen, if present, are opened and be capable of being heard throughout the house during normal household activities. The alarm shall automatically reset under all conditions. The alarm system shall be equipped with a manual means, such as touch pad or switch, to temporarily deactivate the alarm for a single opening. Deactivation shall last for not more than 15 seconds. The deactivation switch(es) shall be located at least 54 inches (1372 mm) above the threshold of the door; or 9.3. Other means of protection, such as self-closing doors with self-latching devices, which are approved by the governing body, shall be acceptable so long as the degree of protection afforded is not less than the protection afforded by Item 9.1 or 9.2 described above. 9.4. Installation of a 54 inch (1372 mm) high pool fence that completely separates the pool from the inside of the house and complies with gate, latch and spacing requirements found within section AG 105. L 851905.1 6 10. Where an above-ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps: cvii) 10.1. The ladder or steps shall be capable of being secured, locked or removed to prevent access; or 10.2. The ladder or steps shall be surrounded by a barrier which meets the requirements of Section AG105.2, items 1 through 9. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch-diameter(102 mm) sphere. ( 851905.1 7 FOUNTAIN HILLS AMENDMENTS TO THE INTERNATIONAL ENERGY CONSERVATION CODE,2006 Section 504.7.3 Pool Covers is deleted in its entirety. L L 851905.1 8 FOUNTAIN HILLS AMENDMENTS TO THE INTERNATIONAL FIRE CODE, 2006 (j Section 102.9.1 is added as follows: 102.9.1 Conflicting references. When a provision of the 2006 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 Chief shall have the discretion to determine which provision shall apply. Section 108.1 is deleted in its entirety and replaced with the following: 108.1 Board of Appeals established. Reference to the "board" or"the board of appeals" in this code shall mean the Board of Adjustment as established and referred to in Chapter 1, Section 1.07 of the Town of Fountain Hills Zoning Ordinance (the "Zoning Ordinance"). The formation, term of office, qualifications of board members, removal, jurisdiction, procedure, quorum and appeals procedure are as set forth in the Zoning Ordinance. Section 202, Group I-1 is deleted in its entirety and replaced with the following: 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 („400) 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 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. A facility such as above, housing at least six and not more than ten persons, shall be classified as Group R-4. Section 202,R-3 is deleted in its entirety and replaced with the following: 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. 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. Group R-3 Residential Care/Assisted Living Facilities occupancies in existing structures with one to five clients shall meet the following requirements: 1. Interconnected smoke detectors shall be installed in all livable areas in accordance with the Town of Fountain Hills Town Code (the "Town Code"). j 851905.1 9 2. Evacuation maps and emergency procedures shall be posted and subject to Fire Department approval. 3. Portable lire extinguishers in accordance with the Town Code Section 202, R-4 is deleted in its entirety and replaced with the following: R-4 Residential occupancies shall include buildings arranged for occupancy as residential care/assisted living facilities including more than five but not more than ten occupants, excluding staff. Group R-4 residential care/assisted living facilities occupancies shall meet the requirements for construction as defined for Group R-3 except for the height and area limitations provided in Section 503 of the International Building Code. Group R-4 occupancies in existing structures with six to ten clients and all new structures, clients 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 in accordance with the Town Code. 4. An automatic fire sprinkler system in accordance with the Town Code. Section 308.3.1 is deleted in its entirety and replaced with the following: iLe308.3.1 Open-flame cooking devices. Charcoal burners, portable barbecues and other open flame devices shall not be operated on combustible balconies or within 10 feet (3048 mm) of combustible construction. Exception: One- and two-family dwellings. Section 308.3.1.1 is deleted in its entirety and replaced with the following: 308.3.1.1 Use of open-flame cooking devices. No person shall use or store individual fixed or portable flammable gas or solid fuel barbecues on or under any attached covered patios, balconies, covered walkways, stair or roof overhangs and shall not be located within 10 feet(3048 mm) of combustible construction. Exception: One- and two-family dwellings. Section 308.3.1.2 is: added as follows: 308.3.1.2 Storage of open flame cooking devices and barbecues. Storage of the open- flame cooking device will be allowed beneath an attached covered patio, balcony, covered walkway, stair or roof overhang, provided it is at ground level, and there is direct access to a location 10 feet (3048 mm) away from any combustible construction for cooking use. 'Lie 851905.1 10 Section 503.1.4 is added as follows: ce)503.1.4 Town of Fountain Hills Design Standards. For road construction details see the Town of Fountain Hills Subdivision Ordinance. Section 503.1.4.1 is added as follows: 503.1.4.1 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 0'-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 503.2.7 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 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%. 3. All grades of access in excess of 15%require approval by the Fire Department. Section 503.2.8 is added as follows: 503.2.8 Fire apparatus access roads. The Chief may establish fire lanes on public and private property for access and setup for fire-fighting equipment apparatus and vehicles. 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 police or the fire department. All fire lanes shall be marked in the following manner: 1. Fire lane signs per Town of Fountain Hills Standard Detail FH306 and/or 2. Curb, street or driveway painted red to indicate fire lane and labeled FIRE LANE NO PARKING in white block letters 3 inches (76.2 mm) in height, 3/4 in. (19.5 mm) stroke, on the vertical face of the curb to indicate fire lane. 3. Lettering 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 503.6.1 is added as follows: 503.6.1 Key switch and sensor pre-emption location. A Knox key switch and a pre- emption sensor shall be required on all 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. j 851905.1 11 (ste Section 505.1 is amended to read as follows: 505.1 Address numbers. New and existing buildings shall have approved address numbers, buildings numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm) OR AS DESIGNATED IN THE FIRE DEPARTMENT INTERPRETATION AND APPLICATIONS MANUAL. Section 506.1.2 is added as follows: 506.1.2 Knox key box location. A Knox key box shall be required on all commercial structures that contain off-site monitored fire systems or when required by the Chief. The Knox key box shall be installed in a location adjacent to the main entrance of the structure, 4'-0 (1.219 m) to 6'-0 (1.829 m) above finished grade, or in a location approved by the Chief. Section 508.5.1 is deleted in its entirety and replaced with the following: Section 508.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a kof hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official. Exceptions: 1. For non-hillside fire sprinklered R-3 Developments, the maximum distance is 1000 feet(366 m) on center. 2. For hillside fire sprinklered R-3 Developments, the maximum distance is 500 feet (183 m) on center. (Fire Department interprets hillside street grades to range from 9% to a maximum grade of 15%). 3. For fire sprinklered commercial and R-1 and R-2 multifamily developments, the maximum distance is 700 feet(213.36 m) on center. Section 508.1.1 is added as follows: 508.5.1.1 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 508.5.1, Exceptions. Exception: On cul-de-sacs hillside developments shall have maximum of 500 feet (183 m) from the hydrant to the end of the cul-de-sac. 851905.1 12 Section 508.5.7 is added as follows: C,4iiii) 508.5.7. Fire hydrant color. All fire hydrants shall have aboveground barrels painted with a prime coat plus two coats of OSHA yellow paint. Section 508.5.7.1 is added as follows: 508.5.7.1 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. Section 508.5.8 is added as follows: 508.5.8 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. Section 901.2.2 is added 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 National Institute for the Certification of Engineering Technologies ("NICET") in Fire Alarms in (j accordance with the Fire Department Interpretation and Applications Manual. Section 901.2.3 is added as follows: 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. Section 901.2.4 is added as follows: 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 when required. Section 901.2.5 is added as follows: 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. 4iiiii) 851905.1 13 (ime Section 903.2 is deleted in its entirety and replaced with the following: 903.2 Where required. An automatic sprinkler system shall be installed throughout all levels of all new Group A, B, E, F, H, I, M, R, S and U occupancies of more than zero square feet in accordance with section 903, the Fire Department Interpretation and Applications Manual, and as set forth below: 1. In every story or basement of all buildings. Fire-resistive substitutions in accordance with provisions in the International Building Code, Chapter 6, footnote d, are allowed for this subsection for Group R occupancies and for other occupancies, provided that the automatic sprinkler is not otherwise required throughout the building by any other provision or section of the applicable building code. 2. At the top of rubbish and linen chutes and in their terminal rooms. Chutes extending through three or more floors shall have additional sprinkler heads installed within such chutes at alternate floors. Sprinkler heads shall be accessible for servicing. 3. In rooms where nitrate film is stored or handled. See also Section 306. 4. In protected combustible fiber storage vaults. 5. In any building that has a change in occupancy as defined in the applicable building code. Exceptions: The following accessory structures shall be exempt from fire sprinkler requirements: 1. Gazebos and ramadas for residential and public use. 2. Independent rest room buildings associated with golf courses, parks and similar uses. 3. Guardhouses for residential and commercial developments. 4. Detached, non-combustible carports for residential and commercial developments with covered parking less than 15,000 square feet (1394 m2). 5. Barns and agricultural buildings for private, residential, non-commercial use, not exceeding 1,500 square feet(139.35 m2)with no habitable areas. 6. Detached storage sheds for private, residential, non-commercial use, not exceeding 1,500 square feet(139.35 m2). 7. Detached one, two and three car garages (without habitable spaces) in existing R-3 developed parcels which contain existing non-sprinklered subdivision requirements (i.e. 700 foot(213.36 m)hydrant spacing. 8. For fuel dispensing canopies not exceeding 1,500 square feet(139.35 m2). 9. Open shade horse stalls of non-combustible construction for private, residential, non-commercial use, not exceeding 5,000 square feet (464.52 m2) and not containing combustible products, vehicles or agricultural equipment. L 851905.1 14 10. Detached one-story accessory building used as a tool and/or storage shed containing non-hazardous materials and not exceeding 200 square feet (11.15 m2). 11. Special use non-combustible structures as approved by the Chief. Section 903.2.1 Group A is deleted in its entirety and replaced with the following: 903.2.1 Group A. An automatic sprinkler system shall be installed throughout all Group A occupancies in accordance with NFPA 13 Installation of Sprinkler Systems as modified by the Fire Department Interpretation and Applications Manual. Section 903.2.2 Group E is deleted in its entirety and replaced with the following: 903.2.2 Group E. An automatic sprinkler system shall be installed throughout all Group E occupancies in accordance with NFPA 13 Installation of Sprinkler Systems as modified by the Fire Depal tinent Interpretation and Applications Manual. Section 903.2.3 Group F is deleted in its entirety and replaced with the following: 903.2.3 Group F. An automatic sprinkler system shall be installed throughout all Group F occupancies in accordance with NFPA 13 Installation of Sprinkler Systems as modified by the Fire Department Interpretation and Applications Manual. Section 903.2.4 is deleted in its entirety and replaced with the following: 903.2.4 Group H. An automatic sprinkler system shall be installed throughout all Group H occupancies in accordance with NFPA 13 Installation of Sprinkler Systems as modified by the Fire Department Interpretation and Applications Manual. Section 903.2.5 Group I is deleted in its entirety and replaced with the following: 903.2.5 Group I. An automatic sprinkler system shall be installed throughout all Group I occupancies in accordance with NFPA 13 Installation of Sprinkler Systems as modified by the Fire Department Interpretation and Applications Manual. Exception: In jails, prisons and reformatories, the piping system may be dry, provided a manually operated valve is installed at a continuously monitored location. Opening of the valve will cause the piping system to be charged. Sprinkler heads in such systems shall be equipped with fusible elements or the system shall be designed as required for deluge systems in the applicable building code. Section 903.2.6 Group M is deleted in its entirety and replaced with the following: 903.2.6 Group M. An automatic sprinkler system shall be installed throughout all Group M occupancies in accordance with NFPA 13 Installation of Sprinkler Systems as modified by the Fire Department Interpretation and Applications Manual. 851905.1 15 (we Section 903.2.7 Group R is deleted in its entirety and replaced with the following: 903.2.7 Group R. An automatic sprinkler system shall be installed throughout all Group R occupancies in accordance with NFPA 13, 13-R, or 13D Installation of Sprinkler Systems as modified by the Fire Department Interpretation and Applications Manual. Section 903.2.8 is deleted in its entirety and replaced with the following: 903.2.8 Group S-1 occupancies. An automatic sprinkler system shall be installed throughout all Group S-1 occupancies in accordance with NFPA 13 Installation of Sprinkler Systems as modified by the Fire Department Interpretation and Applications Manual. Section 903.2.8.1 is deleted in its entirety and replaced with the following: 903.2.8.1 Repair garages. An automatic sprinkler system shall be installed throughout all repair garages in accordance with NFPA 13 Installation of Sprinkler Systems as modified by the Fire Department Interpretation and Applications Manual. Section 903.2.9 is deleted in its entirety and replaced with the following: 903.2.9 Group S-2 occupancies. An automatic sprinkler system shall be installed throughout all Group S-2 occupancies in accordance with NFPA 13 Installation of Sprinkler Systems as modified by the Fire Department Interpretation and Applications Manual. Section 903.2.9.1 is deleted in its entirety and replaced with the following: 903.2.9.1 Commercial parking garages. An automatic sprinkler system shall be installed throughout all commercial parking garages in accordance with NFPA 13 Installation of Sprinkler Systems as modified by the Fire Department Interpretation and Applications Manual. Section 903.2.10 is deleted in its entirety and replaced with the following: 903.2.10 All Group R-3 and U occupancies. An automatic sprinkler system shall be installed throughout all Group R-3 and U occupancies in accordance with NFPA 13 or 13-D Installation of Sprinkler Systems as modified by the Fire Department Interpretation and Applications Manual. Section 903.2.14 is added as follows: 903.2.14 Group B occupancies. An automatic sprinkler system shall be installed throughout all Group B occupancies in accordance with NFPA 13 Installation of 851905.1 16 Sprinkler Systems as modified by the Fire Department Interpretation and Applications Manual. Section 903.3 is deleted in its entirety and replaced with the following: 903.3 Installation requirements. Automatic sprinkler systems shall be designed and installed in accordance with NFPA 13, 13-R, 13-D as modified by the Fire Department Interpretation and Applications Manual. Section 903.3.5.3 is added as follows: 903.3.5.3 Use of non-potable water for fire protection. 1. All commercial structures for which a building permit is issued adjacent to golf courses using non-potable or reclaimed water for irrigation with sufficient storage capacity onsite may be sprinklered using this supply. 2. Irrigation systems shall be designed to meet the Fire Department's standards of gallons per minute flow and pressure necessary to supply adequate fire flow. 3. A standby power supply for pumping station supplying fire flow shall be provided. 4. Fire hydrants on domestic supply shall be placed in close proximity to the Fire Department connection for structural sprinkler systems to provide a secondary water supply. 5. Fire hydrants placed on approved non-potable, reclaimed water supply systems, shall have caps and bonnet painted with a prime coat plus two coats of black paint. A placard shall be affixed to the hydrant in English and Spanish DO NOT DRINK WATER. Non-potable water supplies shall use approved material for construction of all mains and supply lines and shall have the written approval of the city manager or his designee. 6. All water inlets for non-potable systems shall be required to have a sufficient straining and filtering capacity to eliminate all foreign objects from blocking sprinkler orifice. Chlorination of inlet lines shall be required. Section 903.3.6 is deleted in its entirety and replaced with the following: 903.3.6 Hose threads. Fire hose threads used in connection with automatic sprinkler systems shall be National Standard Threads. Section 903.3.7 is deleted in its entirety and replaced with the following: 903.3.7 Fire Department connections. Fire Department connections shall be located within 4 feet (1219.2 mm) to 8 feet (2438.4 mm) of the curb line of an access road or public street, or as otherwise specified or as approved by the Chief. The Fire Department connection line shall be a wet line with the check valve at the hose connection above grade. The access to the fire department connection shall be at curb grade. See Fire Department Interpretation and Applications Manual. tai) 851905.1 17 �1rr Section 903.7.1 is added as follows: 903.3.7.1 Wall mounted. Systems may have wall mounted fire department connections only on light and ordinary hazard Group I systems when there are no structural openings or combustible overhangs within 15 feet (4572 mm) horizontally or vertically from inlet connection. See Fire Department Interpretation and Applications Manual. Section 903.7.2 is added as follows: 903.3.7.2 Additions, alterations and repairs. When the gross area of additions, alterations, remodeling, reconstruction and repairs within a twelve month period exceed 50% of the gross area of the existing building or structure, such building or structure shall have an automatic fire sprinkler system installed throughout the entire structure or building in accordance with this section. Section 903.7.3 is added as follows: 903.3.7.3 Partial systems prohibited. In all new additions to existing non-sprinklered buildings and structures, an automatic sprinkler system shall be installed in accordance with this section. There shall be no partially sprinklered compartments. Sprinklered and unsprinklered areas of a structure shall be separated in accordance with all applicable kie codes and standards. Section 903.4 is deleted in its entirety and replaced with the following: 903.4 Sprinkler system monitoring and alarms. All valves controlling the water supply for automatic sprinkler systems, pumps, tanks, water levels and temperature, critical air pressure and water-flow switches on all sprinkler systems shall be electrically supervised. See Fire Department Interpretation and Applications Manual. Exceptions: 1. Automatic sprinkler systems protecting one- and two-family dwellings. 2. Limited area systems serving fewer than 20 sprinklers for E, H, and I occupancies and more than 100 sprinklers in all other occupancies. 3. Automatic sprinkler systems installed in accordance with NFPA 13R where a common supply main is used to supply both domestic and automatic sprinkler systems and a separate shutoff valve for the automatic sprinkler system is not provided. 4. Jockey pump control valves that are sealed or locked in the open position. 5. Paint spray booths or dip tanks that are sealed or locked in the open position. 6. Valves controlling the fuel supply to fire pump engines that are sealed or locked in the open position. 7. Trim valves to pressure switches in dry, pre-action and deluge sprinkler systems that are sealed or locked in the open position. ,(10., 851905.1 18 Section 903.4.2 is deleted in its entirety and replaced with the following: 903.4.2 Alarms. Approved audible devices shall be connected to every automatic sprinkler system. Such sprinkler water-flow alarm device shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Alarm devices shall be provided on the exterior of the building in an approved location. An interior alarm to alert the occupants shall be provided in the interior of the building in a normally occupied location when off-site monitoring is required. Where a fire alarm system is installed, activation of the automatic sprinkler system shall actuate the building fire alarm system. Section 905.2 is deleted in its entirety and replaced with the following: 905.2 Installation standards. Standpipe systems shall be installed in accordance with this section as modified by Fire Department Interpretation and Applications Manual. Section 905.3.1.1 is added as follows: 905.3.1.1 Building area. In buildings exceeding 10,000 square feet (929 m2) in area per story, Class I automatic wet standpipes shall he provided and where any portion of the building's interior area is more than 200 feet (60.96 m) of travel, vertically and horizontally, from the nearest point of fire department vehicle access. See Fire Department Interpretation and Applications Manual. Exceptions: 1. Single story structures are not required to have hose connections, except in those interior portions of the building that exceed 200 feet (60.96 m) of travel from an emergency access road. 2. Required wet standpipes may be an integral part of an approved sprinkler system and may be connected to the sprinkler systems horizontal cross mains. Calculations for required hose demand shall be submitted with sprinkler plans. 3. Unless required by Fire Department Interpretation and Applications, a manual hose connection is not required in Group R-3 occupancies. Section 903.4 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 inch (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 1/2 inch(38 mm) hose connection shall be installed in accordance with NFPA 13 or in accordance with NFPA 14 for Class II or III standpipes. 1,4i) 851905.1 19 (16...„ Section 906.1 is amended to add the following: 906.1 Where required. 7. In single family (R-3) and sprinklered multifamily (R-2) occupancies, fire extinguishers are not required. 8. Fire extinguishers are not required in sprinklered open parking garages. Section 907.2 is deleted in its entirety and replaced with the following: 907.2 Where required-new buildings and structures. An approved manual, automatic, or manual and automatic fire alarm system shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.23 and the Fire Department Interpretation and Applications Manual. Where automatic sprinkler protection installed in accordance with Section 903.3.1.1 or 903.3.1.2 and Fire Department Interpretation and Applications Manual is provided and connected to the building fire alarm system, automatic heat detection required by this section shall not be required. An approved automatic fire detection system shall be installed in accordance with the provisions of this code and the NFPA 72. Devices, combinations of devices, appliances and equipment shall comply with Section 907.1.2. The automatic fire detectors shall be smoke detectors, except that an approved alternative type of detector shall be installed in c spaces such as boiler rooms where, during normal operation, products of combustion are present in sufficient quantity to actuate a smoke detector. Fire alarm systems are not required in multifamily (R-2) structures. This does not exclude occupant notification. In all occupancies audio-visual devices shall be limited to those necessary for adequate warning. All manual pull stations are to be eliminated except in Group H and I occupancies and in Group E occupancies at constantly monitored locations. Section 907.3.1.9 is added as follows: 907.3.1.9 Owner landlord and occupant responsibilities. If a device is 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 iL, and by refraining from permanently disabling the devices. 851905.1 20 Section 907.3.1.10 is added as follows: 907.3.1.10 Definitions. In this section, `dwelling unit', "landlord, `rental agreement', and `tenant' have the meanings given in Arizona Revised Statutes. Section 907.3.1.11 is added as follows: 9073.1.11 Records and maintenance. The landlord or owner of any rental property shall inspect all smoke detection devices as required by NFPA 72 annually and a record of all inspections and maintenance activities shall be kept by the landlord or owner and be made available for inspection upon request by the Chief. See Fire Department Interpretation and Applications Manual. Section 907.7 is deleted in its entirety and replaced with the following: 907.7 Activation. Where an alarm notification system is required by another section of this code, it shall be activated by: 1. Required automatic fire alarm system. 2. Sprinkler water-flow devices. a. Multilevel structures. All multilevel structures are required to have a flow switch and tampered control valve per floor. See Fire Department Interpretation and Applications Manual. Exception: Group R-I and R-2, occupancies with a domestic water supply serving six units or less and all Group R-3 occupancies. See Fire Department Interpretation and Applications Manual. 3. Required manual fire alarm boxes. Section 2201.4 is deleted in its entirety and replaced with the following: 2201.4 Indoor service stations. Locating motor vehicle fuel-dispensing stations inside buildings is prohibited within the entire Town. Section 2201.7 is added as follows: 2201.7 Fire protection. Fire sprinkler protection shall be designed in accordance with the applicable building code as required for Ordinary Hazard Group 2. Section 2204.3.1 is deleted in its entirety and replaced with the following: 2204.3.1 General. Unattended self-serve stations are prohibited within the entire Town. i v4i) 851905.1 21 ,(I, Exception: Unattended self-serve stations may be allowed by special permit issued by the Chief for Governmental or private commercial use only, subject to Sections 2204.3.1 through 2204.3.7 and all other applicable codes and ordinances. Written request and documentation shall be submitted showing compliance with two-way communications and cameras that are monitored off-site at a 24 hour location. Section 2206.2.2 is deleted in its entirety and replaced with the following: 2206.2.2 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. Section 2206.2.3 is deleted in its entirety and replaced with the following: 2206.2.3 Above-ground tanks located outside buildings. Above-ground tanks for the storage of Class I, II and IIIA liquid fuels outside of buildings are prohibited within the entire Town. Exception: Installation of 2,000 gallon tanks (7,570.8 L) or tanks with less aggregate quantity may be approved by special permit by the chief. Section 2403.8.2 is deleted in its entirety and replaced with the following: 2403.8.2 Location. Tents, canopies or membrane structures shall not be located within (, r• 20 feet (6096 mm) of lot lines, buildings, other tents, canopies or membrance structures, parked vehicles or internal combustion engines. For the purpose of determining required distances, support ropes and guy wires shall be considered as part of the temporary membrane structure, tent or canopy. Exceptions: 1. Separation distance between membrane structures, tents and canopies not used for cooking, is not required when the aggregate floor area does not exceed 15,000 square feet (1394 m2). 2. Membrane structures, tents or canopies need not be separated from a fully sprinklered building when all of the following conditions are met: 2.1 The aggregate floor area of the membrane structure, tent or canopy shall not exceed 10,000 square feet(929 m2). 2.2 The aggregate floor area of the building and membrane structure, tent or canopy shall not exceed the allowable floor area including increases as indicated in the International Building Code. 2.3 Required means of egress provisions are provided for both the building and the membrane structure, tent or canopy, including travel distance. 2.4 Fire apparatus access roads are provided in accordance with Section 503. i(hie 851905.1 22 Section 3301.2.3 is deleted in its entirety and replaced with the following: 3301.2.3 Permit restrictions. The storage of explosives and blasting agents is prohibited within the entire Town, except for temporary storage for use in connection with approved blasting operations. However, this prohibition shall not apply to wholesale and retail stocks of small arms ammunition, explosive bolts, explosive rivets or cartridges for explosive-actuated power tools in quantities involving less than 500 pounds (226.8 kg) of explosive material. Section 304.2.9.5.1 is deleted in its entirety and replaced with the following: 3494.2.9.5.1 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 2,000 gallons tanks (7,570.8 L) or tanks with less aggregate quantity may be approved by special permit by the Chief. Section 304.2.13.1.4 is deleted in its entirety and replaced with the following: 3404.2.13.1.4 Tanks abandoned in place. The abandonment of tanks in place shall be prohibited within the entire Town. Section 3406.2.5.2 is deleted in its entirety and replaced with the following: 3406.2.5.2 Tanks for gravity discharge. Tanks with a connection in the bottom or the end for gravity-dispensing of flammable or combustible liquids shall not be permitted within the entire Town. Section 3801.2 is deleted in its entirety and replaced with the following: 3801.2 Permits. Permits shall be required as set forth in Section 105.6 and 105.7. 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 the fire code official. Exception: A permit is not required to install or maintain portable containers of less than ten gallons (37.9 L) aggregate 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 the Chief. Table 3804.3 is amended by adding footnote (e)(5) as follows: (e)(5). A container of less than 125 gallons (473.21 L) may be located next to a block fence when the tank is not within 5 feet (1524 mm) of a structure on adjoining property. 851905.1 23 (6.., Section 3812 is added as follows: 3812 Consumer exchange of pre-filled containers. The storage of portable containers at exchange sites shall be limited to a maximum of twenty (20) lb. containers or less, whether filled, partly filled or empty, at consumer exchange sites or distribution points. See Fire Department Interpretation and Applications Manual for installations. Appendix H Control and Suppression of Hazardous Fire Areas is as follows: Control and Suppression of Hazardous Fire Areas Section H101 General H101.1 Scope. The unrestricted use of grass-, grain-, brush- or forest-covered land in hazardous fire areas is a potential menace to life and property from fire and resulting erosion. Safeguards to prevent the occurrence of fire and provide adequate fire- protection facilities to control the spread of fire which might be caused by recreational, residential, commercial, industrial or other activities conducted in hazardous fire areas shall be in accordance with Appendix H. Section H102.1 Definitions ! „r H102.1 Definitions. For the purpose of Appendix H, certain terms are defined as follows: Tracer is any bullet or projectile incorporating a feature which marks or traces the flight of said bullet or projectile by flame, smoke or other means which results in fire or heat. Tracer charge is any bullet or projectile incorporating a feature designed to create a visible or audible effect by means which results in fire or heat and shall include any incendiary bullets or projectiles. Section H103 Permits H103.1 Permits. The Chief is authorized to stipulate conditions for permits. Permits shall not be issued when public safety would be at risk, as determined by the Chief. Section H104 Restricted Entry H104.1 Restricted entry. The Chief shall determine and publicly announce when hazardous fire areas shall be closed to entry to the general public and when such areas shall again be opened to entry. Entry on and occupation of hazardous fire areas, except public roadways, inhabited areas or established trails and camps sites which have not (16., been closed during such time when the hazardous lire is closed to entry, is prohibited. 851905.1 24 Exception: Entry, in the course of duty, by peace or police officer or other duly authorized public officers, members of a fire department and members of the United States Forest Service. Section 105.1 Trespassing on Posted Property. HI05.1 General. When the Chief determines that a specific area within a hazardous fire area presents an exceptional and continuing fire danger because of the density of natural growth, difficulty of terrain, proximity to structures or accessibility to public, such areas shall be closed until changed conditions warrant termination of closure. Such areas shall be posted as hereafter provided. H105.2 Signs. Approved signs prohibiting entry by unauthorized persons and referring to Appendix H shall be placed on every closed area. H105.3 Trespassing. Entering and remaining within posted closed areas is prohibited. Exception: Local, State and Federal Public Officers and their authorized agents acting in the course of duty. Section H106 Smoking H106.1 General. Lighting, igniting or otherwise setting fire to or smoking tobacco, cigarettes,pipes or cigars in hazardous fire areas is prohibited. Exception: Places of habitation or within the boundaries of established smoking areas or campsites as designated by the Chief Section H107 Spark Arresters H107.1 Spark arresters. Chimneys used in conjunction with fireplaces, barbecues, incinerators or heating appliances in which solid or liquid fuel is used, upon buildings, structures or premises located within 200 feet (60960 mm) of hazardous fire areas shall be provided with a spark arrester constructed with heavy wire mesh or other noncombustible material with openings not to exceed 1/2 inch(12.7 mm). Section H108 Tracer Bullets, Tracer Charges,Rockets and Model Aircraft H108.1 General. Tracer bullets and tracer charges shall not be possessed, fired or caused to be fired into or across hazardous fire areas. Rockets, model planes, gliders and balloons powered with an engine propellant or other feature liable to start or cause fire shall not be fired or projected into or across hazardous fire areas. 851905.1 25 Section H109 Explosives and Blasting H109.1 Explosives and blasting. Explosives shall not he possessed, kept, stored, sold, offered for sale, given away, used, discharged, transported or disposed of within hazardous fire areas except by permit issued by the Chief. Section H110 Fireworks H110.1 Fireworks. Fireworks shall not be used or possessed in hazardous fire areas. The Chief or an appointed representative is authorized to seize, take, remove or cause to be removed fireworks in violation of Section 110. Section H111 Apiaries H111.1 Apiaries. Lighted and smoldering material shall not be used in connection with smoking bees in or upon hazardous fire areas except by permit issued by the Chief. Section H112 Open-Flame Devices H112.1 Open-flame devices. Welding torches, tar pots, decorative torches and other devices, machines or processes liable to start or cause fire shall not be operated or used in or upon hazardous fire areas, except by permit issued by the Chief. Exception: Use within habited premises or designated campsites which are a minimum of 30 feet (9144 mm) from grass-, grain-,brush- or forest-covered areas. Flame-employing devices, such as lanterns or kerosene road flares, shall not be operated or used as a signal or marker in or upon hazardous fire areas Exception: The proper use of fuses at the scene of emergencies or as required by standard operating procedures. Section H113 Outdoor Fires H113.1 Outdoor fires. Outdoor fires shall not be built, ignited or maintained in or upon hazardous fire areas, except by permit issued by the Chief Exception: Outdoor fires within habited premises or designated campsites where such fires are built in a permanent barbecue, portable barbecue, outdoor fireplace, incinerator or grill and are a minimum of 30 feet (9144 mm) from a grass-, grain-, brush- or forest-covered area. Permits shall incorporate such terms and conditions which will reasonably safeguard public safety and property. Outdoor fires shall not be built, ignited or maintained in or upon hazardous fire areas under the following conditions: 851905.1 26 1 When high winds are blowing, 2. When aperson age 17 or over is not present at all times to watch and tend Cai) g to the fire, or 3. When public announcement is made that open burning is prohibited. Permanent barbecue, portable barbecues, outdoor fireplaces or grills shall not be used for the disposal of rubbish,trash or combustible waste material. Section H114 Incinerators and Fireplaces H114.1 General. Incinerators, outdoor fireplaces, permanent barbecues and grills shall not be built, installed or maintained in hazardous fire areas without prior approval of the Chief. Incinerators, outdoor fireplaces, permanent barbecues and grills shall be maintained in good repair and in a safe condition at all times. Openings in such appliances shall be provided with an approved spark arrester, screen or door. Exception: When approved, unprotected openings in barbecues and grills are permitted where necessary for proper functioning. Section H115 Clearance of Brush and Vegetative Growth From Electrical Transmission Lines (N.)H115.1 General. Clearance of brush and vegetative growth from electrical transmission lines shall be in accordance with Section 115. Exception: Section H115 does not authorize persons not having legal right of entry to enter upon or damage the property of others without consent of the owner. H115.2 Support clearance. Persons owning, controlling, operating or maintaining electrical transmission lines upon hazardous fire areas shall, at all times, maintain around and adjacent to poles supporting a switch, fuse, transformer, lightning arrester, line junction, dead end, corner pole, towers, or other poles or towers at which power company employees are likely to work most frequently an effective firebreak consisting of a clearing or not less than 10 feet (3048 mm) in each direction from the outer circumference of such pole of tower. Exception: Lines used exclusively as telephone, telegraph, messenger call, alarm transmission or other lines classed as communication circuits by a public utility. H115.3 High tension line clearance. Persons owning, controlling, operating or maintaining electrical transmission lines upon hazardous fire areas shall maintain the clearance specified in Section 115.3 in all directions between vegetation and conductors carrying electrical current: See National Electric Code (N.E.C.). 851905.1 27 Such distance shall be sufficiently great to furnish the required clearance from the particular wire or conductor to positions of such wire or conductor at temperatures of 120 F (48.9 C) or less. Forked, dead, old, decadent and rotten trees; trees weakened by decay or disease; and trees leaning toward the line, which could contact the line from the side or fall on the line, shall be felled, cut or trimmed to remove the hazard. H115.4 Self-supporting aerial cable. Line clearance is not required for self-supporting aerial cable, except that forked trees, leaning trees and other growth which could fall across the cable and break it shall be removed. Section H116 Clearance of Brush or Vegetation Growth from Structures H116.1 General. Persons owning, leasing, controlling, operating or maintaining buildings or structures in, upon or adjoining hazardous fire areas, and person owning, leasing or controlling land adjacent to such buildings or structures, shall at all times: 1. Maintain an effective firebreak by removing and clearing away flammable vegetation and combustible growth from areas with 30 feet (9144 mm) of such buildings or structures; Exception: Single specimens of trees, ornamental shrubbery or similar plants used as ground covers, provided that they do not form a means of rapidly transmitting fire from the native growth to any structure. `, .i 2. Maintain additional fire protection or a firebreak by removing brush, flammable vegetation and combustible growth located from 30 feet to 100 feet (9144 mm to 30,480 mm) from such buildings or structures when required by the Chief because of extra-hazardous conditions causing a firebreak of only 30 feet (9144 mm) to be insufficient to provide reasonable fire safety; Exception: Grass and other vegetation located more than 30 feet (9144 mm) from buildings or structures and less than 18 inches (457 mm) in height above the ground need not be removed where necessary to stabilize the soil and prevent erosion. 3. Remove portions of trees which extend within 10 feet (3048 mm) of the outlet of a chimney; 4. Maintain trees adjacent to or overhanging a building free of deadwood; and 5. Maintain the roof of a structure free of leaves, needles or other dead vegetative growth. Lie 851905.1 28 Section H117 Clearance of Brush or Vegetation Growth from Roadways ( H117.1 Clearance of brush or vegetation. The Chief is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic to be cleared of flammable vegetation and other combustible growth. The Chief or an appointed representative is authorized to enter upon private property to do so. Exception: Single specimens of trees, ornamental shrubbery or cultivated ground such as green grass, ivy, succulents or similar plants used as ground cover, provided that they do not form a means of readily transmitting fire. Section H118 Unusual Circumstances H118.1 Unusual circumstances. If the Chief determines that difficult terrain, danger of erosion or other unusual circumstances make strict compliance with the clearance of vegetation provisions of Sections 115, 116, or 117 of Appendix H undesirable or impractical, enforcement thereof may be suspended and reasonable alternative measures shall be provided. Section H119 Dumping H119.1 Dumping. Garbage, cans, bottles, papers, ashes, refuse, trash, or rubbish or combustible waste material shall not be placed, deposited or dumped in or upon (j hazardous fire areas or in, upon along trails, roadways or highways in hazardous fire areas. Exceptions: Approved public and private dumping areas. Section H120 Disposal of Ashes H120.1 Disposal of ashes. Ashes and coals shall not be place, deposited or dumped in or upon hazardous fire areas. Exceptions: 1. In the hearth of an established fire pit, camp stove or fireplace. 2. In a noncombustible container with a tight-fitting lid, which is kept or maintained in a safe location not less than 10 feet (3048 min) from combustible vegetation or structures. 3. Where such ashes or coals are buried and covered with 1 foot (304.8 mm) of mineral earth not less than 25 feet (7620 mm) from combustible vegetation or structures. j 851905.1 29 Section H121 Use of Fire Roads and Firebreaks H121.1 Use of fire roads and firebreaks. Motorcycles, motor scooters and motor vehicles shall not be driven or parked upon, and trespassing is prohibited upon, fire roads or firebreaks beyond the point where travel is resisted by a cable, gate or sign, without the permission of the property owners. Vehicles shall not be parked in a manner which obstructs the entrance to a fire road or firebreak. Exception: Public officers acting within their scope of duty. Radio and television aerials, guy wires thereto, and other obstructions shall not be installed or maintained on fire roads or firebreaks unless located 16 feet (5877 mm) or more above such fire road or firebreak. Section H122 Use of Motorcycles,Motor scooters and Motor Vehicles H122.1 Use of motor vehicles. Motorcycles, motor scooters and motor vehicles shall not be operated within hazardous fire areas, without a permit by the Chief, except upon clearly established public or private roads. Permission from the property owner shall be presented when requesting a permit. Section H123 Tampering with Fire Department Locks,Barricades and Signs H123.1 Tampering with fire department locks, barricades and sign. Locks, barricades, seals, cables, signs and markers installed within hazardous fire areas, by or under the control of the Chief, shall not be tampered with, mutilated, destroyed or removed. Gates, doors, bathers and locks installed by or under the control of the Chief shall not be unlocked. Section H124 Liability for Damage H124.1 Liability for damage. The expenses of fighting fires which result from a violation of Appendix H shall be a charge against the person whose violation of Appendix H caused the fire. Damages caused by such fires shall constitute a debt of such person and are collectable by the Chief in the same manner as in the case of an obligation under a contract, expressed or implied. cow 851905.1 30