ADOPTS WITH AMENDMENTS:

International Fire Code 2012 (IFC 2012)

Heads up: There are no amended sections in this chapter.

Part 1 — General Provisions

[A] 101.1 Title

AMENDMENT
This section has been amended at the state or city level.
These regulations shall be known as the Arkansas Fire Prevention Code.
This code establishes regulations affecting or relating to structures, processes, premises and safeguards regarding:
  1. The hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices;
  2. Conditions hazardous to life, property or public welfare in the occupancy of structures or premises;
  3. Fire hazards in the structure or on the premises from occupancy or operation;
  4. Matters related to the construction, extension, repair, alteration or removal of fire suppression or alarm systems; and
  5. Conditions affecting the safety of fire fighters and emergency responders during emergency operations.

[A] 101.2.1 Appendices

AMENDMENT
This section has been amended at the state or city level.
Provisions in the appendices shall not apply unless specifically adopted. Appendices B, C, D, E, F, G and K are adopted by the State of Arkansas. Other appendices shall not apply unless adopted by local ordinance. Requests for exceptions to Appendix D may be appealed to the Arkansas State Fire Marshal (State Fire Marshal).

[A] 101.2.2 Locally Adopted Codes

AMENDMENT
This section has been amended at the state or city level.
Each district, county, municipality or other political subdivision of this state shall only adopt and enforce the provisions of the Arkansas Fire Prevention Code, 2012 edition. The AFPC, 2012 edition, shall be the only foundation document available for modification by local jurisdictions should they choose to adopt more stringent provisions. It shall be the responsibility of local authorities having jurisdiction to bring the proposed specific rule or provision up to the minimum standards of the AFPC, 2012 edition. The State Fire Marshal shall advise local jurisdictions of any requirement that is less stringent than the AFPC, 2012 edition.
The purpose of this code is to establish the minimum requirements consistent with nationally recognized good practice for providing a reasonable level of life safety and property protection from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises, and to provide safety to fire fighters and emergency responders during emergency operations.
If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code.
In the event any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions hereof, which are determined to be legal; and it shall be presumed that this code would have been adopted without such illegal or invalid parts or provisions.
The construction and design provisions of this code shall apply to:
  1. Structures, facilities and conditions arising after the adoption of this code.
  2. Existing structures, facilities and conditions not legally in existence at the time of adoption of this code.
  3. Existing structures, facilities and conditions when required in Chapter 11.
  4. Existing structures, facilities and conditions which, in the opinion of the fire code official, constitute a distinct hazard to life or property.
The administrative, operational and maintenance provisions of this code shall apply to:
  1. Conditions and operations arising after the adoption of this code.
  2. Existing conditions and operations.

[A] 102.3 Change of Use or Occupancy

AMENDMENT
This section has been amended at the state or city level.
No change shall be made in the use or occupancy of any structure that would place the structure in a different division of the same group or occupancy or in a different group of occupancies, unless such structure is made to comply with the requirements of this code and the Arkansas Fire Prevention Code, Volume II. Subject to the approval of the fire code official, the use or occupancy of an existing structure shall be allowed to be changed and the structure is allowed to be occupied for purposes in other groups without conforming to all of the requirements of this code and the Arkansas Fire Prevention Code, Volume II, for those groups, provided the new or proposed use is less hazardous, based on life and fire risks, than the existing use.

[A] 102.4 Application of Building Code

AMENDMENT
This section has been amended at the state or city level.
The design and construction of new structures shall comply with the Arkansas Fire Prevention Code, Volume II, and any alterations, additions, changes in use or changes in structures required by this code, which are within the scope of the Arkansas Fire Prevention Code, Volume II, shall be made in accordance therewith.
Where structures are designed and constructed in accordance with the International Residential Code, the provisions of this code shall apply as follows:
  1. Construction and design provisions: Provisions of this code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire apparatus access and water supplies. Where interior or exterior systems or devices are installed, construction permits required by Section 105.7 of this code shall also apply.
  2. Administrative, operational and maintenance provisions: All such provisions of this code shall apply.
The provisions of this code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as historic buildings when such buildings or structures do not constitute a distinct hazard to life or property. Fire protection in designated historic buildings and structures shall be provided in accordance with an approved fire protection plan.
The codes and standards referenced in this code shall be those that are listed in Chapter 80, and such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.7.1 and 102.7.2.
Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.
Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard.
Where no applicable standards or requirements are set forth in this code, or are contained within other laws, codes, regulations, ordinances or bylaws adopted by the jurisdiction, compliance with applicable standards of the National Fire Protection Association or other nationally recognized fire safety standards, as approved, shall be deemed as prima facie evidence of compliance with the intent of this code. Nothing herein shall derogate from the authority of the fire code official to determine compliance with codes or standards for those activities or installations within the fire code official's jurisdiction or responsibility.
Requirements that are essential for the public safety of an existing or proposed activity, building or structure, or for the safety of the occupants thereof, which are not specifically provided for by this code, shall be determined by the fire code official.
Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in a specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.
The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.
References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.

[A] 102.13 Memorandum of Understanding—Health Care Facilities

AMENDMENT
This section has been amended at the state or city level.
This Memorandum of Understanding will specify and serve as a method to resolve conflicts between the 2012 Arkansas Fire Prevention Code Rules (hereinafter "Arkansas Fire Prevention Code" or "AFPC") adopted and enforced by the Arkansas State Fire Marshal's Office, under the authority of the Director of the Department of the Arkansas State Police, and other federal or state rules governing Arkansas' health care and long-term care facilities, by law regulated by the Arkansas Department of Health and the Arkansas Department of Human Services, Division of Medical Services, Office of Long-Term Care, among others.
  1. The Arkansas Department of Health and the Arkansas Department of Human Services, Division of Medical Services, Office of Long-Term Care will have inspectors and/or plan reviewers obtain training related to the implementation and application of the National Fire Protection Association Life Safety Code (NFPA 101) and the Arkansas Fire Prevention Code.
  2. The Arkansas Department of Health will have concurrent authority to do Fire and Life Safety Code inspections in health care facilities regulated by the Arkansas Department of Health. The Arkansas Department of Human Services, Division of Medical Services, Office of Long-Term Care, will have concurrent authority to do Fire and Life Safety inspections in long-term care facilities regulated by the Arkansas Department of Human Services, Division of Medical Services, Office of Long-Term Care. The Arkansas Department of Health's authority and the authority of the Arkansas Department of Human Services, Division of Medical Services, Office of Long-Term Care will be concurrent with the current authority of any other relevant federal, state or local government agency having authority to do said inspections.
  3. The Arkansas Fire Prevention Code is the fire prevention code for the State of Arkansas.
  4. When there is a conflict between the Arkansas Fire Prevention Code and the National Fire Protection Association Life Safety Code (NFPA 101), New Health Care Occupancies Chapter, Existing Health Care Occupancies Chapter, New Ambulatory Health Care Occupancies Chapter, and Existing Ambulatory Health Care Occupancies Chapter, as adopted by the United States Department of Health and Human Services, Centers for Medicare Medicaid Services, in accordance with Title 42 Code of Federal Regulations, the aforementioned chapters in the Life Safety Code shall govern.
  5. For new construction, when one of the affected agencies (Arkansas Department of Health, Arkansas Department of Human Services, Division of Medical Services, Office of Long-Term Care, local fire official or local building official) determines or perceives that a conflict exists between the Arkansas Fire Prevention Code and the National Fire Protection Association Life Safety Code (NFPA 101), as it relates to types of construction or allowable area requirements, they shall provide written notification of the perceived conflict to the project architect or engineer and the other affected agencies. The agency alleging the conflict will convene a meeting with the other affected agencies to resolve the conflict. The resolution of the conflict must be unanimous. If the group is unable to resolve the conflict unanimously, the issue will be referred to the Arkansas State Fire Marshal for final resolution. Agreed to as evidenced by the signatures of the participating Parties for their respective offices or associations below:

    Arkansas State Fire Marshal, and Director or Arkansas State Police or his designee

Part 2 — Administrative Provisions

The department of fire prevention is established within the jurisdiction under the direction of the fire code official. The function of the department shall be the implementation, administration and enforcement of the provisions of this code.
The fire code official shall be appointed by the chief appointing authority of the jurisdiction; and the fire code official shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authority.
In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the fire code official shall have the authority to appoint a deputy fire code official, other related technical officers, inspectors and other employees.
The fire code official, member of the board of appeals, officer or employee charged with the enforcement of this code, while acting for the jurisdiction, in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties.
Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The fire code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the department of fire prevention, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.
The fire code official is hereby authorized to enforce the provisions of this code and shall have the authority to render interpretations of this code, and to adopt policies, procedures, rules and regulations in order to clarify the application of its provisions. Such interpretations, policies, procedures, rules and regulations shall be in compliance with the intent and purpose of this code and shall not have the effect of waiving requirements specifically provided for in this code.
The fire code official is authorized to receive applications, review construction documents and issue permits for construction regulated by this code, issue permits for operations regulated by this code, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.
Whenever it is necessary to make an inspection to enforce the provisions of this code, or whenever the fire code official has reasonable cause to believe that there exists in a building or upon any premises any conditions or violations of this code which make the building or premises unsafe, dangerous or hazardous, the fire code official shall have the authority to enter the building or premises at all reasonable times to inspect or to perform the duties imposed upon the fire code official by this code. If such building or premises is occupied, the fire code official shall present credentials to the occupant and request entry. If such building or premises is unoccupied, the fire code official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the fire code official has recourse to every remedy provided by law to secure entry.
When the fire code official has first obtained a proper inspection warrant or other remedy provided by law to secure entry, an owner or occupant or person having charge, care or control of the building or premises shall not fail or neglect, after proper request is made as herein provided, to permit entry therein by the fire code official for the purpose of inspection and examination pursuant to this code.

[A] 104.3.2 State Fire Marshal Jurisdiction

AMENDMENT
This section has been amended at the state or city level.
  1. The State Fire Marshal's Office has statewide jurisdiction to inspect all places in Arkansas insofar as it is necessary for the enforcement of all laws, ordinance and law, or ordinances and lawful orders requiring any place to be safe from fire. The State Fire Marshal or his/her duly authorized representative(s) shall be charged with the enforcement of this Code as granted under the authority of Act 254 of 1955, as amended.
  2. The fire official shall have primary responsibility for the safety of places in his/her own district, city or county. Rules of the State Fire Marshal's Office establishing minimum standards shall not prevent any district, city or county from enacting more stringent regulations; and the State Fire Marshal's Office shall cooperate with the fire official in enforcing all fire safety laws and ordinances of the state or its political subdivisions. Inspections of property in the territory served by the fire department shall be made as often as practicable or as often as the city or county legislative body or other political subdivision fire officials may direct.
  3. A written report of continued violations should be sent to the State Fire Marshal, who will cooperate with local authorities to secure compliance with the Arkansas Fire Prevention Code and other laws, ordinances and rules of the state and its political subdivisions relating to matters within the scope and jurisdiction of the State Fire Marshal's Office.
  4. Town, City or County Building Officials: when a jurisdiction establishes a building department and a building official as set out in Volume II, Section 103 of the Code, the primary responsibility for administering and enforcing Volume II (Building Code) of the AFPC shall fall to that established administrative authority.
The fire code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
The fire code official is authorized to issue such notices or orders as are required to affect compliance with this code in accordance with Sections 109.1 and 109.2.
The fire code official shall keep official records as required by Sections 104.6.1 through 104.6.4. Such official records shall be retained for not less than five years or for as long as the structure or activity to which such records relate remains in existence, unless otherwise provided by other regulations.
A record of approvals shall be maintained by the fire code official and shall be available for public inspection during business hours in accordance with applicable laws.
The fire code official shall keep a record of each inspection made, including notices and orders issued, showing the findings and disposition of each.
The fire department shall keep a record of fires occurring within its jurisdiction and of facts concerning the same, including statistics as to the extent of such fires and the damage caused thereby, together with other information as required by the fire code official.
Application for modification, alternative methods or materials and the final decision of the fire code official shall be in writing and shall be officially recorded in the permanent records of the fire code official.
All materials, equipment and devices approved by the fire code official shall be constructed and installed in accordance with such approval.
Materials, equipment and devices shall not be reused or reinstalled unless such elements have been reconditioned, tested and placed in good and proper working condition and approved.
To determine the acceptability of technologies, processes, products, facilities, materials and uses attending the design, operation or use of a building or premises subject to inspection by the fire code official, the fire code official is authorized to require the owner or agent to provide, without charge to the jurisdiction, a technical opinion and report. The opinion and report shall be prepared by a qualified engineer, specialist, laboratory or fire safety specialty organization acceptable to the fire code official and shall analyze the fire safety properties of the design, operation or use of the building or premises and the facilities and appurtenances situated thereon, to recommend necessary changes. The fire code official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional.
Whenever there are practical difficulties involved in carrying out the provisions of this code, the fire code official shall have the authority to grant modifications for individual cases, provided the fire code official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the files of the department of fire prevention.
The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. The fire code official is authorized to approve an alternative material or method of construction where the fire code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.
Supporting data, when necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources.
Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the fire code official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the fire code official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the fire code official for the period required for retention of public records.
The fire code official, the fire department or other responsible authority shall have the authority to investigate the cause, origin and circumstances of any fire, explosion or other hazardous condition. Information that could be related to trade secrets or processes shall not be made part of the public record, except as directed by a court of law.
Police and other enforcement agencies shall have authority to render necessary assistance in the investigation of fires when requested to do so.

[A] 104.10.2 Report of Fire Fatalities

AMENDMENT
This section has been amended at the state or city level.
Fire departments responding to fires resulting in a fatal injury shall report in writing such fatalities to the State Fire Marshal's Office within 3 (three) business days of the occurrence.

[A] 104.10.3 Fire Reports Submitted to Arkansas Fire Academy

AMENDMENT
This section has been amended at the state or city level.
Fire departments responding to fires within their jurisdiction shall, by the 15th of the month following the occurrence of the fire, furnish to the Arkansas Fire Academy (AFA) for the National Incident Fire Reporting System (NFIRS), information about the fire, on forms provided by and approved by the Arkansas Fire Academy.

[A] 104.10.4 Changes in Fire Department Information

AMENDMENT
This section has been amended at the state or city level.
All fire departments shall submit, on or before June 30th of each year, the name of the officer in charge, the mailing address and electronic mailing address, telephone and facsimile numbers of the fire department and other information to the State Fire Marshal's Office on a form provided by the State Fire Marshal's Office. Any change in the pertinent information during the year shall be sent to the State Fire Marshal's Office in writing no later than thirty (30) days after the change occurs.

[A] 104.10.5 Reports of Fireworks Accidents

AMENDMENT
This section has been amended at the state or city level.
Accidents involving fireworks resulting in death, serious injury or major property damage shall be reported immediately to the State Fire Marshal's Office by the responding fire or police department or the holder of a fireworks license or public display permit.
The fire chief or officer of the fire department in charge at the scene of a fire or other emergency involving the protection of life or property, or any part thereof, shall have the authority to direct such operation as necessary to extinguish or control any fire, perform any rescue operation, investigate the existence of suspected or reported fires, gas leaks or other hazardous conditions or situations, or take any other action necessary in the reasonable performance of duty. In the exercise of such power, the fire chief is authorized to prohibit any person, vehicle, vessel or thing from approaching the scene, and is authorized to remove, or cause to be removed or kept away from the scene, any vehicle, vessel or thing which could impede or interfere with the operations of the fire department and, in the judgment of the fire chief, any person not actually and usefully employed in the extinguishing of such fire or in the preservation of property in the vicinity thereof.
The fire chief or officer of the fire department in charge at the scene of an emergency is authorized to place ropes, guards, barricades or other obstructions across any street, alley, place or private property in the vicinity of such operation so as to prevent accidents or interference with the lawful efforts of the fire department to manage and control the situation and to handle fire apparatus.
No person shall obstruct the operations of the fire department in connection with extinguishment or control of any fire, or actions relative to other emergencies, or disobey any lawful command of the fire chief or officer of the fire department in charge of the emergency, or any part thereof, or any lawful order of a police officer assisting the fire department.
No person shall render a system or device inoperative during an emergency unless by direction of the fire chief or fire department official in charge of the incident.

[A] 105.1 General—Fireworks Licenses or Public Display Permits

AMENDMENT
This section has been amended at the state or city level.
Permits shall be obtained as required below. Such permits will be issued when the requirements of the State Fire Marshal's office have been met; and they may be suspended or revoked if the requirements are violated. Application for "State Permits," required as follows, shall be made in writing, on required forms to the State Fire Marshal, Arkansas State Police, 1 State Police Plaza Drive, Little Rock, AR 72209-2971. The State Fire Marshal's Office telephone number is 501-618-8624 until further notice.
  1. Fees. No fee is required for a state fireworks license or public display permit except as prescribed for licenses relating to fireworks and except as hereafter otherwise provided by law and these rules.
  2. State permits. A permit or license shall be obtained from the State Fire Marshal for:
    1. Dealing in fireworks as set out in state fireworks laws;
    2. Public fireworks display permit for indoor and outdoor displays; and
    3. Installation of aboveground storage tanks for combustible liquids, flammable liquids, and hazardous chemicals.

      Exception:
      1. Tanks that are part of emergency generator systems.
      2. Temporary tanks (period of use not to exceed 6 months).
      3. Tanks less than 500 gallons in capacity and not used for retail dispensing.
  3. Local permits. Where provisions are made by a municipality or county or other political subdivision of the state for the issuance of permits, and where such rules are at least as stringent as those of the State Fire Marshal, a permit from an authorized city or county official or other political subdivision official shall be obtained for the construction or substantial remodeling of any:
    1. Asylums, hospitals, nursing or convalescent homes or other health care facilities, regardless of capacity.
    2. Schools and educational institutions having a capacity in excess of 50 pupils, and residence buildings, including dormitories, having sleeping accommodations for 50 or more persons.
    3. Auditoriums, theaters, indoor stadiums, gymnasiums, churches or other places of assembly having a capacity in excess of 100 or more persons.
    4. Department stores or factories having a capacity in excess of 200 persons or for any other building if located within the city or county fire service jurisdiction or other political subdivision. A city, county, or other political subdivision of the state may, by ordinance, set out other permits that may be required for new or existing structures.
  4. Building permits. Where a jurisdiction has established a building department in accordance with Volume II, Section 103 of the Code, permits within the corporate limits of the jurisdiction for new construction or remodeling shall be required in accordance with Volume II, Section 105 of the Code.

[A] 105.1.1 Permits Required

AMENDMENT
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[A] 105.1.2 Types of Permits

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[A] 105.1.3 Multiple Permits for the Same Location

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[A] 105.2 Application

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[A] 105.2.1 Refusal to Issue Permit

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[A] 105.2.2 Inspection Authorized

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[A] 105.2.3 Time Limitation of Application

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[A] 105.2.4 Action on Application

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[A] 105.3 Conditions of a Permit

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[A] 105.3.1 Expiration

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[A] 105.3.2 Extensions

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[A] 105.3.3 Occupancy Prohibited Before Approval

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[A] 105.3.4 Conditional Permits

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[A] 105.3.5 Posting the Permit

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[A] 105.3.6 Compliance With Code

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[A] 105.3.7 Information on the Permit

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[A] 105.3.8 Validity of Permit

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[A] 105.4 Construction Documents

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[A] 105.4.1 Submittals

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[A] 105.4.1.1 Examination of Documents

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[A] 105.4.2 Information on Construction Documents

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[A] 105.4.2.1 Fire Protection System Shop Drawings

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[A] 105.4.3 Applicant Responsibility

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[A] 105.4.4 Approved Documents

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[A] 105.4.4.1 Phased Approval

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[A] 105.4.5 Corrected Documents

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[A] 105.4.6 Retention of Construction Documents

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[A] 105.5 Revocation

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[A] 105.6 Required Operational Permits

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[A] 105.6.1 Aerosol Products

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[A] 105.6.2 Amusement Buildings

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[A] 105.6.3 Aviation Facilities

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[A] 105.6.4 Carnivals and Fairs

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[A] 105.6.5 Cellulose Nitrate Film

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[A] 105.6.6 Combustible Dust-Producing Operations

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[A] 105.6.7 Combustible Fibers

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[A] 105.6.8 Compressed Gases

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[A] 105.6.9 Covered and Open Mall Buildings

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[A] 105.6.10 Cryogenic Fluids

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[A] 105.6.11 Cutting and Welding

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[A] 105.6.12 Dry Cleaning

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[A] 105.6.13 Exhibits and Trade Shows

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[A] 105.6.14 Explosives

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[A] 105.6.15 Fire Hydrants and Valves

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[A] 105.6.16 Flammable and Combustible Liquids

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[A] 105.6.17 Floor Finishing

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[A] 105.6.18 Fruit and Crop Ripening

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[A] 105.6.19 Fumigation and Insecticidal Fogging

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[A] 105.6.20 Hazardous Materials

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[A] 105.6.21 HPM Facilities

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[A] 105.6.22 High-Piled Storage

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[A] 105.6.23 Hot Work Operations

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[A] 105.6.24 Industrial Ovens

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[A] 105.6.25 Lumber Yards and Woodworking Plants

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[A] 105.6.26 Liquid- or Gas-Fueled Vehicles or Equipment in Assembly Buildings

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[A] 105.6.27 LP-gas

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[A] 105.6.28 Magnesium

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[A] 105.6.29 Miscellaneous Combustible Storage

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[A] 105.6.30 Open Burning

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[A] 105.6.31 Open Flames and Torches

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[A] 105.6.32 Open Flames and Candles

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[A] 105.6.33 Organic Coatings

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[A] 105.6.34 Places of Assembly

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[A] 105.6.35 Private Fire Hydrants

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[A] 105.6.36 Pyrotechnic Special Effects Material

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[A] 105.6.37 Pyroxylin Plastics

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[A] 105.6.38 Refrigeration Equipment

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[A] 105.6.39 Repair Garages and Motor Fuel-Dispensing Facilities

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[A] 105.6.40 Rooftop Heliports

AMENDMENT
This section has been amended at the state or city level.

[A] 105.6.41 Spraying or Dipping

AMENDMENT
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[A] 105.6.42 Storage of Scrap Tires and Tire Byproducts

AMENDMENT
This section has been amended at the state or city level.

[A] 105.6.43 Temporary Membrane Structures and Tents

AMENDMENT
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[A] 105.6.44 Tire-Rebuilding Plants

AMENDMENT
This section has been amended at the state or city level.

[A] 105.6.45 Waste Handling

AMENDMENT
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[A] 105.6.46 Wood Products

AMENDMENT
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[A] 105.7 Required Construction Permits

AMENDMENT
This section has been amended at the state or city level.

[A] 105.7.1 Automatic Fire-Extinguishing Systems

AMENDMENT
This section has been amended at the state or city level.

[A] 105.7.2 Battery Systems

AMENDMENT
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[A] 105.7.3 Compressed Gases

AMENDMENT
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[A] 105.7.4 Cryogenic Fluids

AMENDMENT
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[A] 105.7.5 Emergency Responder Radio Coverage System

AMENDMENT
This section has been amended at the state or city level.

[A] 105.7.6 Fire Alarm and Detection Systems and Related Equipment

AMENDMENT
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[A] 105.7.7 Fire Pumps and Related Equipment

AMENDMENT
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[A] 105.7.8 Flammable and Combustible Liquids

AMENDMENT
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[A] 105.7.9 Hazardous Materials

AMENDMENT
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[A] 105.7.10 Industrial Ovens

AMENDMENT
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[A] 105.7.11 LP-gas

AMENDMENT
This section has been amended at the state or city level.

[A] 105.7.12 Private Fire Hydrants

AMENDMENT
This section has been amended at the state or city level.

[A] 105.7.13 Solar Photovoltaic Power Systems

AMENDMENT
This section has been amended at the state or city level.

[A] 105.7.14 Spraying or Dipping

AMENDMENT
This section has been amended at the state or city level.

[A] 105.7.15 Standpipe Systems

AMENDMENT
This section has been amended at the state or city level.

[A] 105.7.16 Temporary Membrane Structures and Tents

AMENDMENT
This section has been amended at the state or city level.
The fire code official is authorized to enter and examine any building, structure, marine vessel, vehicle or premises in accordance with Section 104.3 for the purpose of enforcing this code.
The fire code official is authorized to conduct such inspections as are deemed necessary to determine the extent of compliance with the provisions of this code and to approve reports of inspection by approved agencies or individuals. All reports of such inspections shall be prepared and submitted in writing for review and approval. Inspection reports shall be certified by a responsible officer of such approved agency or by the responsible individual. The fire code official is authorized to engage such expert opinion as deemed necessary to report upon unusual, detailed or complex technical issues subject to the approval of the governing body.
It shall be the duty of the holder of the permit or their duly authorized agent to notify the fire code official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code.
Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the fire code official. The fire code official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected, and such portion shall not be covered or concealed until authorized by the fire code official.
It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Whenever any installation subject to inspection prior to use is covered or concealed without having first been inspected, the fire code official shall have the authority to require that such work be exposed for inspection. Neither the fire code official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
Approval as the result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel provisions of this code or of other ordinances of the jurisdiction shall not be valid.
Whenever or wherever any device, equipment, system, condition, arrangement, level of protection, or any other feature is required for compliance with the provisions of this code, or otherwise installed, such device, equipment, system, condition, arrangement, level of protection, or other feature shall thereafter be continuously maintained in accordance with this code and applicable referenced standards.
Equipment requiring periodic testing or operation to ensure maintenance shall be tested or operated as specified in this code.
Required test and inspection records shall be available to the fire code official at all times or such records as the fire code official designates shall be filed with the fire code official.
Where any work or installation does not pass an initial test or inspection, the necessary corrections shall be made so as to achieve compliance with this code. The work or installation shall then be resubmitted to the fire code official for inspection and testing.
Maintenance and testing shall be under the supervision of a responsible person who shall ensure that such maintenance and testing are conducted at specified intervals in accordance with this code.
Portable or fixed fire-extinguishing systems or devices, and fire-warning systems, shall not be rendered inoperative or inaccessible, except as necessary during emergencies, maintenance, repairs, alterations, drills or prescribed testing.
Overcrowding or admittance of any person beyond the approved capacity of a building or a portion thereof shall not be allowed. The fire code official, upon finding any overcrowding conditions or obstructions in aisles, passageways or other means of egress, or upon finding any condition which constitutes a life safety hazard, shall be authorized to cause the event to be stopped until such condition or obstruction is corrected.

[A] 108.1 Board of Appeals Established

AMENDMENT
This section has been amended at the state or city level.
Any county or municipality or other political subdivision may establish a local board of adjustments and appeals, to review orders given by the local fire official; and to consist of five (5) members appointed by the applicable governing body.
An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed. The board shall have no authority to waive requirements of this code.
The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to hazards of fire, explosions, hazardous conditions or fire protection systems, and are not employees of the jurisdiction.
It shall be unlawful for a person, firm or corporation to erect, construct, alter, repair, remove, demolish or utilize a building, occupancy, premises or system regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.
Correction and abatement of violations of this code shall be the responsibility of the owner. If an occupant creates, or allows to be created, hazardous conditions in violation of this code, the occupant shall be held responsible for the abatement of such hazardous conditions.
When the fire code official finds a building, premises, vehicle, storage facility or outdoor area that is in violation of this code, the fire code official is authorized to prepare a written notice of violation describing the conditions deemed unsafe and, when compliance is not immediate, specifying a time for reinspection.
A notice of violation issued pursuant to this code shall be served upon the owner, operator, occupant or other person responsible for the condition or violation, either by personal service, mail or by delivering the same to, and leaving it with, some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such notice of violation shall be posted on the premises in a conspicuous place at or near the entrance to such premises and the notice of violation shall be mailed by certified mail with return receipt requested or a certificate of mailing, to the last known address of the owner, occupant or both.
A notice of violation issued or served as provided by this code shall be complied with by the owner, operator, occupant or other person responsible for the condition or violation to which the notice of violation pertains.
If the notice of violation is not complied with promptly, the fire code official is authorized to request the legal counsel of the jurisdiction to institute the appropriate legal proceedings at law or in equity to restrain, correct or abate such violation or to require removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant hereto.
Signs, tags or seals posted or affixed by the fire code official shall not be mutilated, destroyed or tampered with, or removed, without authorization from the fire code official.

[A] 109.4 Violation Penalties

AMENDMENT
This section has been amended at the state or city level.
Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a [Class A Misdemeanor], punishable by a fine of not more than [1,000.00] dollars or by imprisonment not exceeding [1 year], or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
In addition to the imposition of the penalties herein 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.
If during the inspection of a premises, a building or structure, or any building system, in whole or in part, constitutes a clear and inimical threat to human life, safety or health, the fire code official shall issue such notice or orders to remove or remedy the conditions as shall be deemed necessary in accordance with this section, and shall refer the building to the building department for any repairs, alterations, remodeling, removing or demolition required.
Structures or existing equipment that are or hereafter become unsafe or deficient because of inadequate means of egress or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or which involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. A vacant structure which is not secured against unauthorized entry as required by Section 311 shall be deemed unsafe.
When an apparent structural hazard is caused by the faulty installation, operation or malfunction of any of the items or devices governed by this code, the fire code official shall immediately notify the building code official in accordance with Section 110.1.
The fire code official or the fire department official in charge of an incident shall be authorized to order the immediate evacuation of any occupied building deemed unsafe when such building has hazardous conditions that present imminent danger to building occupants. Persons so notified shall immediately leave the structure or premises and shall not enter or re-enter until authorized to do so by the fire code official or the fire department official in charge of the incident.
Where conditions exist that are deemed hazardous to life and property, the fire code official or fire department official in charge of the incident is authorized to abate summarily such hazardous conditions that are in violation of this code.
The owner, operator or occupant of a building or premises deemed unsafe by the fire code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action.
Whenever the fire code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code, or in a dangerous or unsafe manner, the fire code official is authorized to issue a stop work order.
A stop work order shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work is authorized to resume.
Where an emergency exists, the fire code official shall not be required to give a written notice prior to stopping the work.

[A] 111.4 Failure to Comply

AMENDMENT
This section has been amended at the state or city level.
Any person who, or other legal entity (corporation, limited liability company, limited liability partnership, etc.) which, shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties imposed by the circuit or district court having jurisdiction.
The fire code official shall have the authority to authorize disconnection of utility service to the building, structure or system in order to safely execute emergency operations or to eliminate an immediate hazard. The fire code official shall notify the serving utility and, whenever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action if not notified prior to disconnection. The owner or occupant of the building, structure or service system shall be notified in writing as soon as practical thereafter.
A permit shall not be issued until the fees have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.
A fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority.
Any person who commences any work, activity or operation regulated by this code before obtaining the necessary permits shall be subject to an additional fee established by the applicable governing authority, which shall be in addition to the required permit fees.
The payment of the fee for the construction, alteration, removal or demolition of work done in connection to or concurrently with the work or activity authorized by a permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.
The applicable governing authority is authorized to establish a refund policy.
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