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Tents, temporary special event structures and membrane structures shall comply with this chapter. The provisions of Section 3103 are applicable only to temporary tents and membrane structures. The provisions of Sections 3104 and 3106 are applicable to temporary and permanent tents and membrane structures. The provisions of Section 3105 are applicable to temporary special event structures. The provisions of Section 3106 are applicable to outdoor assembly events. Other temporary structures shall comply with the International Building Code.
Tents and membrane structures used for temporary periods shall comply with this section and Section 3106. Other temporary structures erected for a period of 180 days or less shall comply with the International Building Code.
Tents and membrane structures having an area in excess of 400 square feet (37 m2) shall not be erected, operated or maintained for any purpose without first obtaining a permit and approval from the fire code official.
Exceptions:
  1. Tents used exclusively for recreational camping purposes.
  2. Tents open on all sides that comply with all of the following:
    1. 2.1. Individual tents having a maximum size of 700 square feet (65 m2).
    2. 2.2. The aggregate area of multiple tents placed side by side without a fire break clearance of 12 feet (3658 mm), not exceeding 700 square feet (65 m2) total.
    3. 2.3. A minimum clearance of 12 feet (3658 mm) to all structures and other tents.
For the purpose of this chapter, an outdoor assembly event shall include a circus, carnival, fair, tent show, theater, skating rink, dance hall or other place of assembly in or under which persons gather for any purpose.
Tents and other membrane structures erected as a special amusement building shall be equipped with an automatic sprinkler system in accordance with Section 411.3 of the International Building Code.
Permits shall be required as set forth in Sections 105.6 and 105.7.
Temporary tents, air-supported, air-inflated or tensioned membrane structures shall not be erected for a period of more than 180 days within a 12-month period on a single premises.
A detailed site and floor plan for tents or membrane structures with an occupant load of 50 or more shall be provided with each application for approval. The tent or membrane structure floor plan shall indicate details of the means of egress facilities, seating capacity, arrangement of the seating and location and type of heating and electrical equipment. The construction documents shall include an analysis of structural stability.
The entire tent, air-supported, air-inflated or tensioned membrane structure system shall be inspected at regular intervals, but not less than two times per permit use period, by the permittee, owner or agent to determine that the installation is maintained in accordance with this chapter.
Exception: Permit use periods of less than 30 days.
Where required by the fire code official, an inspection report shall be provided and shall consist of maintenance, anchors and fabric inspections.
Access, location and parking for temporary tents and membrane structures shall be in accordance with this section.
Fire apparatus access roads shall be provided in accordance with Section 503.
Tents or membrane structures shall not be located within 20 feet (6096 mm) of lot lines, buildings, other tents or membrane 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 or tent.
Exceptions:
  1. Separation distance between membrane structures and tents not used for cooking is not required where the aggregate floor area does not exceed 15,000 square feet (1394 m2).
  2. Membrane structures or tents need not be separated from buildings where all of the following conditions are met:
    1. 2.1. The aggregate floor area of the membrane structure or tent shall not exceed 10,000 square feet (929 m2).
    2. 2.2. The aggregate floor area of the building and membrane structure or tent shall not exceed the allowable floor area including increases as indicated in the International Building Code.
    3. 2.3. Required means of egress are provided for both the building and the membrane structure or tent including travel distances.
    4. 2.4. Fire apparatus access roads are provided in accordance with Section 503.
Membrane structures having an area of 15,000 square feet (1394 m2) or more shall be located not less than 50 feet (15 240 mm) from any other tent or structure as measured from the sidewall of the tent or membrane structure unless joined together by a corridor.
Membrane structures that are attached to or erected on buildings, balconies, decks or other structures shall be regulated as permanent membrane structures in accordance with Section 3102 of the International Building Code.
Tents or membrane structures are allowed to be joined together by means of corridors. Exit doors shall be provided at each end of such corridor. On each side of such corridor and approximately opposite each other, there shall be provided openings not less than 12 feet (3658 mm) wide.
An unobstructed fire break passageway or fire road not less than 12 feet (3658 mm) wide and free from guy ropes or other obstructions shall be maintained on all sides of all tents and membrane structures unless otherwise approved by the fire code official.
Tents or membrane structures and their appurtenances shall be designed and installed to withstand the elements of weather and prevent collapsing. Documentation of structural stability shall be furnished to the fire code official.
Tents and membrane structures, exceeding one story, or an occupant load of 1,000 or greater, or floor area of 7,500 square feet or greater, shall be designed and constructed to comply with Sections 1606 through 1608 of the International Building Code. Tent and membrane structures shall comply with Table 3103.9.1 for wind loads. Conformance to these code sections for structural stability and anchorage shall be documented by a Nevada-licensed structural engineer. Where a tent is intended to be re-used multiple times, a single structural analysis is permitted, provided the single analysis incorporates the worst-case soil and location conditions within the design. Such single structural analysis is only accepted during the current code edition, and expires when a new code is adopted.
Exceptions:
  1. Tents and membrane structures installed for 180 consecutive days or more shall comply with Section 1609 of the International Building Code for wind loads
  2. Special event structures complying with Section 3105.
Table 3103.9.1
Minimum Design Wind Loads and Documentation
  Duration of Exposure in daysa 1-7 8-30 31-179
Occupant Load Floor Area (sq ft) Minimum Design Wind Speed (mph)b, c
1,000 — 4,999 7,500 or greater 77 83 89
5,000 or greater All 83 89 Per IBC 1609
All Exceeding one story 83 89 Per IBC 1609
  1. Duration of occupancy except installation and/or removal unless on the same day
  2. Minimum design wind speed for ASCE 7 wind pressure for Occupancy Category II
  3. Wind speed 3 second gust at 33 ft elevation for Exposure C.
Tents and membrane structures that do not exceed one story, 7,500 square feet, or 1,000 occupant load, are permitted to document structural stability by means of conforming to manufacturer installation instructions. Analysis by a Nevada-licensed engineer is not required.
Temporary air-supported and air-inflated membrane structures shall be in accordance with Sections 3103.10.1 through 3103.10.4.
During high winds exceeding 50 miles per hour (22 m/s) or in snow conditions, the use of doors in air-supported structures shall be controlled to avoid excessive air loss. Doors shall not be left open.
Air-supported and air-inflated structures shall have the design and construction of the fabric envelope and the method of anchoring in accordance with Architectural Fabric Structures Institute FSAAS.
An air-supported structure used as a place of assembly shall be furnished with not less than two blowers, each of which has adequate capacity to maintain full inflation pressure with normal leakage. The design of the blower shall be so as to provide integral limiting pressure at the design pressure specified by the manufacturer.
Places of public assembly for more than 200 persons shall be furnished with an auxiliary inflation system capable of powering a blower with the capacity to maintain full inflation pressure with normal leakage in accordance with Section 3103.10.3 for a minimum duration of 4 hours. The auxiliary inflation system shall be either a fully automatic auxiliary engine-generator set or a supplementary blower powered by an internal combustion engine that shall be automatic in operation. The system shall be capable of automatically operating the required blowers at full power within 60 seconds of a commercial power failure.
Seating in tents or membrane structures shall be in accordance with Chapter 10.
Means of egress for temporary tents and membrane structures shall be in accordance with Sections 3103.12.1 through 3103.12.8.
Exits shall be spaced at approximately equal intervals around the perimeter of the tent or membrane structure, and shall be located such that all points are 100 feet (30 480 mm) or less from an exit.
Tents, or membrane structures or a usable portion thereof shall have not less than one exit and not less than the number of exits required by Table 3103.12.2. The total width of means of egress in inches (mm) shall be not less than the total occupant load served by a means of egress multiplied by 0.2 inches (5 mm) per person.
MINIMUM NUMBER OF MEANS OF EGRESS AND MEANS OF EGRESS WIDTHS FROM TEMPORARY MEMBRANE STRUCTURES AND TENTS
OCCUPANT LOADMINIMUM NUMBER OF MEANS
OF EGRESS
MINIMUM WIDTH OF EACH MEANS OF
EGRESS (inches)
MINIMUM WIDTH OF EACH MEANS OF
EGRESS (inches)
TentMembrane Structure
10 to 19927236
200 to 49937272
500 to 99949672
1,000 to 1,999512096
2,000 to 2,999612096
Over 3,000a712096
For SI: 1 inch = 25.4 mm.
  1. When the occupant load exceeds 3,000, the total width of means of egress (in inches) shall be not less than the total occupant load multiplied by 0.2 inches per person.
Exit openings from tents shall remain open unless covered by a flame-resistant curtain. The curtain shall comply with the following requirements:
  1. Curtains shall be free sliding on a metal support. The support shall be not less than 80 inches (2032 mm) above the floor level at the exit. The curtains shall be so arranged that, when open, no part of the curtains obstructs the exit.
  2. Curtains shall be of a color, or colors, that contrasts with the color of the tent.
Exit doors shall swing in the direction of exit travel. To avoid hazardous air and pressure loss in air-supported membrane structures, such doors shall be automatic closing against operating pressures. Opening force at the door edge shall not exceed 15 pounds (66 N).
The width of aisles without fixed seating shall be in accordance with the following:
  1. In areas serving employees only, the minimum aisle width shall be 24 inches (610 mm) but not less than the width required by the number of employees served.
  2. In public areas, smooth-surfaced, unobstructed aisles having a minimum width of not less than 44 inches (1118 mm) shall be provided from seating areas, and aisles shall be progressively increased in width to provide, at all points, not less than 1 foot (305 mm) of aisle width for each 50 persons served by such aisle at that point.
The arrangement of aisles shall be subject to approval by the fire code official and shall be maintained clear at all times during occupancy.
Exits shall be clearly marked. Exit signs shall be installed at required exit doorways and where otherwise necessary to indicate clearly the direction of egress where the exit serves an occupant load of 50 or more.
Exit signs shall be either listed and labeled in accordance with UL 924 as the internally illuminated type and used in accordance with the listing or shall be externally illuminated by luminaires supplied in either of the following manners:
  1. Two separate circuits, one of which shall be separate from all other circuits, for occupant loads of 300 or less.
  2. Two separate sources of power, one of which shall be an approved emergency system, shall be provided where the occupant load exceeds 300. Emergency systems shall be supplied from storage batteries or from the on-site generator set, and the system shall be installed in accordance with NFPA 70. The emergency system provided shall have a minimum duration of 90 minutes when operated at full design demand.
Means of egress shall be illuminated with light having an intensity of not less than 1 foot-candle (11 lux) at floor level while the structure is occupied. Fixtures required for means of egress illumination shall be supplied from a separate circuit or source of power.
The required width of exits, aisles and passageways shall be maintained at all times to a public way. Guy wires, guy ropes and other support members shall not cross a means of egress at a height of less than 8 feet (2438 mm). The surface of means of egress shall be maintained in an approved manner.
Tents and membrane structures, both temporary and permanent, shall be in accordance with this section and Sections 3106 and 3107. Permanent tents and membrane structures shall also comply with the International Building Code.
Before a permit is granted, the owner or agent shall file with the fire code official a certificate executed by and approved testing laboratory. The certificate shall indicate that the floor coverings tents, membrane structures and their appurtenances, which include, sidewalls, drops and tarpaulins, are composed of materials meeting the flame propagation performance of Test Method 2 of NFPA 701 or California Title 19 Office of the State Fire Marshal. Additionally, it shall indicate that the bunting and combustible decorative materials and effects are composed of material meeting the flame propagation performance criteria of Test Method 1 or Test Method 2 of NFPA 701 or California Title 19 Office of the State Fire Marshal as applicable. The flame performance criteria shall be effective for the period specified by the permit. Alternatively, the material shall be treated with a flame retardant in an approved manner and meet the flame propagation performance criteria of the applicable test method of NFPA 701 or California Title 19 Office of the State Fire Marshal. The flame propagation criteria shall be effective for the period specified by the permit.

Floor coverings are not evaluated per the same type of flame propagation tests required for fabrics, textiles, membrane materials and the like and should not be included in this code section that addresses flame propagation testing. Floor coverings are therefore proposed to be deleted without replacement in other sections and they are not a major factor in the evaluation of tents, canopies and membrane structures.
Membrane structures or tents shall have a permanently affixed label bearing the identification of size and fabric or material type.
An affidavit or affirmation shall be submitted to the fire code official and a copy retained on the premises on which the tent or air-supported structure is located. The affidavit shall attest to all of the following information relative to the flame propagation performance criteria of the fabric:
  1. Names and address of the owners of the tent or air-supported structure.
  2. Date the fabric was last treated with flame-retardant solution.
  3. Trade name or kind of chemical used in treatment.
  4. Name of person or firm treating the material.
  5. Name of testing agency and test standard by which the fabric was tested.
Temporary special event structures shall comply with Section 3104, Sections 3105.2 through 3105.9 and ANSI E1.21.
Temporary special event structures in excess of 400 square feet (37 m2) shall not be erected, operated or maintained for any purpose without first obtaining approval and a permit from the fire code official and the building official.
Permits shall be required as set forth in Sections 105.6 and 105.7.
Temporary special event structures erected in accordance with ANSI E1.21 shall not be erected for a period of more than six consecutive weeks.
The following documents shall be submitted to the fire code official and the building official for review before a permit is approved:
  1. Construction documents: Construction documents shall be prepared by a registered design professional in accordance with the International Building Code and ANSI E1.21 where applicable. Construction documents shall include:
    1. 1.1. A summary sheet showing the building code used, design criteria, loads and support reactions.
    2. 1.2. Detailed construction and installation drawings.
    3. 1.3. Design calculations.
    4. 1.4. Operating limits of the structure explicitly outlined by the registered design professional including environmental conditions and physical forces.
    5. 1.5. Effects of additive elements such as video walls, supported scenery, audio equipment, vertical and horizontal coverings.
    6. 1.6. Means for adequate stability including specific requirements for guying and cross-bracing, ground anchors or ballast for different ground conditions.
  2. Designation of responsible party: The owner of the temporary special event structure shall designate in writing a person to have responsibility for the temporary special event structure on the site. The designated person shall have sufficient knowledge of the construction documents, manufacturer's recommendations and operations plan to make judgments regarding the structure's safety and to coordinate with the fire code official.
  3. Operations plan: The operations plan shall reflect manufacturer's operational guidelines, procedures for environmental monitoring and actions to be taken under specified conditions consistent with the construction documents.
Inspections shall comply with Section 106 and Sections 3105.6.1 and 3105.6.2.
The owner of a temporary special event structure shall employ a qualified, independent approved agency or individual to inspect the installation of a temporary special event structure.
The inspecting agency or individual shall furnish an inspection report to the fire code official. The inspection report shall indicate that the temporary special event structure was inspected and was or was not installed in accordance with the approved construction documents. Discrepancies shall be brought to the immediate attention of the installer for correction. Where any discrepancy is not corrected, it shall be brought to the attention of the fire code official and the designated responsible party.
Temporary special event structure shall be located a distance from property lines and buildings to accommodate distances indicated in the construction drawings for guy wires, cross-bracing, ground anchors or ballast. Location shall not interfere with egress from a building or encroach on fire apparatus access roads.
Portable fire extinguishers shall be provided as required by Section 906.
Outdoor assembly events shall comply with this section.
Outdoor assembly events shall be in accordance with this section and Section 403.12. Temporary structures erected for outdoor assembly events shall comply with this chapter.
An operational permit shall be required as set forth in Section 105.6.
An approved means of fire apparatus access shall be provided.
Unobstructed access to fire hydrants, drafting sources and other fire protection features shall be maintained at all times.
The number and location of emergency egress and escape routes shall be approved by the fire code official.
The fire code official shall establish an occupant load for the event site.
Emergency egress and escape routes shall be maintained at all times.
A public safety plan shall be prepared where required by Section 403.12.2. The public safety plan shall be submitted to the fire code official with the application for an operational permit as required by Section 3106.2.2.
Where required by the fire code official, the event operator or agent shall designate one qualified individual to continuously monitor local weather reports, forecasts and conditions. Said person shall be responsible for initiating weather-related event mitigation activities, ordering the suspension or cancellation of the outdoor assembly event and issuing the evacuation signal in accordance with the approved public safety plan.
Where events involve a gathering of more than 1,000 people, trained crowd managers shall be provided in accordance with Section 403.12.3.
Approved portable fire extinguishers complying with Section 906 shall be provided and placed in locations approved by the fire code official.
Smoking shall be permitted only in designated areas. Other areas shall have approved "No Smoking" signs conspicuously posted and maintained in accordance with Section 310.
Combustible vegetation that could create a fire hazard shall be removed from the outdoor assembly event area.
Combustible refuse shall be kept in noncombustible containers with tight-fitting or self-closing lids. Combustible refuse shall be removed from the event site at regular intervals to prevent an unsafe accumulation within the event site.
Outdoor assembly events with concession stands or booths using cooking appliances or devices shall comply with Sections 3106.5.1 through 3106.5.3.
Cooking appliances or devices that produce sparks or grease-laden vapors or flying embers (firebrands) shall not be used within 20 feet (6096 mm) of a tent or temporary structure.
Exceptions:
  1. Designated cooking tents not occupied by the public when approved by the fire code official.
  2. Tents or structures where cooking appliances are protected with an automatic fire-extinguishing system in accordance with Section 904.12.
Cooking equipment using combustible oils or solids shall meet the following:
  1. A noncombustible lid shall be immediately available. The lid shall be of sufficient size to cover the cooking well completely.
  2. The equipment shall be placed on a noncombustible surface.
  3. An approved portable fire extinguisher for protection from cooking grease fires shall be provided at a location approved by the fire code official.
Outdoor assembly events with concession stands or booths using electrical equipment and temporary wiring for electrical power or lighting shall comply with the applicable provisions of NFPA 70 and Sections 3106.6.1 through 3106.6.3.
Electrical equipment and wiring shall be listed and labeled for outdoor use.
Generators shall be installed not less than 10 feet (3048 mm) from combustible materials, and shall be isolated from the public by physical guard, fence or enclosure installed not less than 3 feet (914 mm) away from the internal combustion power source.
Each generator shall be provided with an approved portable fire extinguisher complying with Section 906.
Temporary and permanent tents and membrane structures shall comply with this section.
Hay, straw, shavings or similar combustible materials shall not be located within any tent or membrane structure containing an assembly occupancy, except the materials necessary for the daily feeding and care of animals. Sawdust and shavings utilized for a public performance or exhibit shall not be prohibited provided that the sawdust and shavings are kept damp. Combustible materials shall not be permitted under stands or seats at any time.
Smoking shall not be permitted in tents or membrane structures. Approved "No Smoking" signs shall be conspicuously posted in accordance with Section 310.
Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any other unapproved devices shall not be permitted inside or located within 20 feet (6096 mm) of the tent or membrane structures while open to the public unless approved by the fire code official.
Fireworks shall not be used within 100 feet (30 480 mm) of tents or membrane structures.
Spot or effect lighting shall only be by electricity, and all combustible construction located within 6 feet (1829 mm) of such equipment shall be protected with approved noncombustible insulation not less than 91/4 inches (235 mm) thick.
Motion pictures shall not be displayed in tents or membrane structures unless the motion picture film is safety film.
There shall be a clearance of not less than 3 feet (914 mm) between the fabric envelope and all contents located inside membrane structures.
Approved portable fire extinguishers complying with Section 906 shall be provided and placed in locations as required by the fire code official.
Fire hose lines, water supplies and other auxiliary fire equipment shall be maintained at the site in such numbers and sizes as required by the fire code official.
The occupant load allowed in an assembly structure, or portion thereof, shall be determined in accordance with Chapter 10.
Heating and cooking equipment shall be in accordance with Sections 3107.12.1 through 3107.12.7.
Heating or cooking equipment, tanks, piping, hoses, fittings, valves, tubing and other related components shall be installed as specified in the International Mechanical Code and the International Fuel Gas Code, and shall be approved by the fire code official.
Gas, liquid and solid fuel-burning equipment designed to be vented shall be vented to the outside air as specified in the International Fuel Gas Code and the International Mechanical Code. Such vents shall be equipped with approved spark arresters where required. Where vents or flues are used, all portions of the tent or membrane structure shall be not less than 12 inches (305 mm) from the flue or vent.
Cooking and heating equipment shall not be located within 10 feet (3048 mm) of exits or combustible materials.
Operations such as warming of foods, cooking demonstrations and similar operations that use solid flammables, butane or other similar devices that do not pose an ignition hazard, shall be approved.
Tents with sidewalls or drops where cooking is performed shall be separated from other tents or membrane structures by not less than 20 feet (6096 mm).
Outdoor cooking that produces sparks or grease-laden vapors shall not be performed within 20 feet (6096 mm) of a tent or membrane structure.
Electrical cooking and heating equipment shall comply with NFPA 70.
The storage, handling and use of LP-gas and LP-gas equipment shall be in accordance with Sections 3107.13.1 through 3107.13.3.
LP-gas equipment such as containers, tanks, piping, hoses, fittings, valves, tubing and other related components shall be approved and in accordance with Chapter 61 and with the International Fuel Gas Code.
LP-gas containers and tanks shall be located outside in accordance with Table 6104.3. Pressure relief devices shall be pointed away from the tent or membrane structure.
Portable LP-gas containers, tanks, piping, valves and fittings that are located outside and are being used to fuel equipment inside a tent or membrane structure shall be adequately protected to prevent tampering, damage by vehicles or other hazards and shall be located in an approved location. Portable LP-gas containers shall be secured to prevent unauthorized movement.
The storage of flammable and combustible liquids and the use of flammable-liquid-fueled equipment shall be in accordance with Sections 3107.14.1 through 3107.14.3.
Flammable-liquid-fueled equipment shall not be used in tents or membrane structures.
Flammable and combustible liquids shall be stored outside in an approved manner not less than 50 feet (15 240 mm) from tents or membrane structures. Storage shall be in accordance with Chapter 57.
Refueling shall be performed in an approved location not less than 20 feet (6096 mm) from tents or membrane structures.
Liquid- and gas-fueled vehicles and equipment used for display within tents or membrane structures shall be in accordance with Sections 3107.15.1 through 3107.15.5.3.
Batteries shall be disconnected in an appropriate manner.
Vehicles or equipment shall not be fueled or defueled within the tent or membrane structure.
Fuel in the fuel tank shall not exceed one-quarter of the tank capacity or 5 gallons (19 L), whichever is less.
Fuel systems shall be inspected for leaks.
Fuel tank openings shall be locked and sealed to prevent the escape of vapors.
The location of vehicles or equipment shall not obstruct means of egress.
When a compressed natural gas (CNG) or liquefied petroleum gas (LP-gas) powered vehicle is parked inside a place of assembly, all the following conditions shall be met:
  1. The quarter-turn shutoff valve or other shutoff valve on the outlet of the CNG or LP-gas container shall be closed and the engine shall be operated until it stops. Valves shall remain closed while the vehicle is indoors.
  2. The hot lead of the battery shall be disconnected.
  3. Dual-fuel vehicles equipped to operate on gasoline and CNG or LP-gas shall comply with this section and Sections 3107.15.1 through 3107.15.3 for gasoline-powered vehicles.
Liquid and gas-fueled vehicles and equipment used for competition or demonstration within a tent or membrane structure shall comply with Sections 3107.15.5.1 through 3107.15.5.3.
Fuel for vehicles or equipment shall be stored in approved containers in an approved location outside of the structure in accordance with Section 3107.14.2.
Refueling shall be performed outside of the structure in accordance with Section 3107.14.3.
Fuel spills shall be cleaned up immediately.
Generators and other internal combustion power sources shall be separated from tents or membrane structures by not less than 20 feet (6096 mm) and shall be isolated from contact with the public by fencing, enclosure or other approved means.
Where, in the opinion of the fire code official, it is essential for public safety in a tent or membrane structure used as a place of assembly or any other use where people congregate, because of the number of persons, or the nature of the performance, exhibition, display, contest or activity, the owner, agent or lessee shall employ one or more qualified persons, as required and approved, to remain on duty during the times such places are open to the public, or when such activity is being conducted.
Before each performance or the start of such activity, standby personnel shall keep diligent watch for fires during the time such place is open to the public or such activity is being conducted and take prompt measures for extinguishment of fires that occur and assist in the evacuation of the public from the structure.
There shall be trained crowd managers or trained crowd supervisors at a ratio of one crowd manager or supervisor for every 250 occupants, as approved.
Combustible vegetation that could create a fire hazard shall be removed from the area occupied by a tent or membrane structure, and from areas within 30 feet (9144 mm) of such structures.
The floor surface inside tents or membrane structures and the grounds outside and within a 30-foot (9144 mm) perimeter shall be kept free of combustible waste and other combustible materials that could create a fire hazard. Such waste shall be stored in approved containers and removed from the premises not less than once a day during the period the structure is occupied by the public.