The occupancy of a structure shall be continued as originally permitted under and in full compliance with the codes in force at the time of construction or alteration. The occupancy of a structure shall not change to another occupancy that will subject the structure to any special provisions of this code or the USBC without the approval of the building official.
The following terms are defined in Chapter 2:
Asphalt (tar) kettles shall not be transported over any highway, road or street when the heat source for the kettle is operating.
Exception: Asphalt (tar) kettles in the process of patching road surfaces.
Fuel containers shall be located at least 10 feet (3048 mm) from the burner.
Exception: Containers properly insulated from heat or flame are allowed to be within 2 feet (610 mm) of the burner.
Containers with a capacity exceeding 5.88 cubic feet (44 gallons) (0.17 m3) shall be provided with lids. Containers and lids shall be constructed of noncombustible materials or approved combustible materials.
Exception: Wastebaskets complying with Section 808.
Dumpsters and containers with an individual capacity of 1.5 cubic yards [40.5 cubic feet (1.15 m3)] or more shall not be stored in buildings or placed within 5 feet (1524 mm) of combustible walls, openings or combustible roof eave lines.
Exceptions:
- Dumpsters or containers in areas protected by an approved automatic sprinkler system installed throughout in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.
- Storage in a structure shall not be prohibited where the structure is of Type I or IIA construction, located not less than 10 feet (3048 mm) from other buildings and used exclusively for dumpster or container storage.
Dumpsters with an individual capacity of 1.0 cubic yard [200 gallons (0.76 m3)] or more shall not be stored in buildings or placed within 5 feet (1524 mm) of combustible walls, openings or combustible roof eave lines unless the dumpsters are constructed of noncombustible materials or of combustible materials with a peak rate of heat release not exceeding 300 kW/m2 when tested in accordance with ASTM E 1354 at an incident heat flux of 50 kW/m2 in the horizontal orientation.
Exceptions:
- Dumpsters in areas protected by an approved automatic sprinkler system installed throughout in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.
- Storage in a structure shall not be prohibited where the structure is of Type I or IIA construction, located not less than 10 feet (3048 mm) from other buildings and used exclusively for dumpster or container storage.
Hot ashes, cinders, smoldering coals or greasy or oily materials subject to spontaneous ignition shall not be deposited in a combustible receptacle, within 10 feet (3048 mm) of other combustible material including combustible walls and partitions or within 2 feet (610 mm) of openings to buildings.
Exception: The minimum required separation distance to other combustible materials shall be 2 feet (610 mm) where the material is deposited in a covered, noncombustible receptacle placed on a noncombustible floor, ground surface or stand.
A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with Sections 307.1.1 through 307.5.
Exception: Approved outdoor live fire training using equipment or appliances accessible or available to the general public, and that complies with Section 307.4.
Open burning shall be prohibited when atmospheric conditions or local circumstances make such fires hazardous.
Exception: Prescribed burning for the purpose of reducing the impact of wildland fire when authorized by the fire code official.
A permit shall be obtained from the fire code official in accordance with Section 107.2 prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or a bonfire. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled.
The location for open burning shall not be less than 50 feet (15 240 mm) from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet (15 240 mm) of any structure.
Exceptions:
- Fires in approved containers that are not less than 15 feet (4572 mm) from a structure.
- The minimum required distance from a structure shall be 25 feet (7620 mm) where the pile size is 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height.
Portable outdoor fireplaces shall be used in accordance with the manufacturer's instructions and shall not be operated within 15 feet (3048 mm) of a structure or combustible material.
Exception: Portable outdoor fireplaces used at one-and two-family dwellings.
Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet (3048 mm) of combustible construction.
Exceptions:
- One- and two-family dwellings.
- Where buildings, balconies and decks are protected by an automatic sprinkler system.
- LP-gas cooking devices having LP-gas container with a water capacity not greater than 21/2 pounds [nominal 1 pound (0.454 kg) LP-gas capacity].
Torches and other devices, machines or processes liable to start or cause fire shall not be operated or used in or upon wildfire risk areas, except by a permit in accordance with Section 105.6 secured from the fire code official.
Exception: Use within inhabited 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 wildfire risk areas.
Exception: The proper use of fusees at the scenes of emergencies or as required by standard railroad operating procedures.
Portable open-flame devices fueled by flammable or combustible gases or liquids shall be enclosed or installed in such a manner as to prevent the flame from contacting combustible material.
Exceptions:
- LP-gas-fueled devices used for sweating pipe joints or removing paint in accordance with Chapter 61.
- Cutting and welding operations in accordance with Chapter 35.
- Torches or flame-producing devices in accordance with Section 308.4.
- Candles and open-flame decorative devices in accordance with Section 308.3.
Flammable or combustible liquids used in the preparation of flaming foods or beverages shall be dispensed from one of the following:
Permits shall be obtained from the fire code official in accordance with Section 107.2 prior to engaging in the following activities involving open flame, fire and burning:
- Use of a torch or flame-producing device to remove paint from a structure.
- Use of open flame, fire or burning in connection with Group A or E occupancies.
- Use or operation of torches and other devices, machines or processes liable to start or cause fire in or upon wildfire risk areas.
Open-flame devices shall not be used in a Group A occupancy.
Exceptions:
Open-flame devices are allowed to be used in the following situations, provided approved precautions are taken to prevent ignition of a combustible material or injury to occupants:
- 1.1. Where necessary for ceremonial or religious purposes in accordance with Section 308.1.7.
- 1.2. On stages and platforms as a necessary part of a performance in accordance with Section 308.3.2.
- 1.3. Where candles on tables are securely supported on substantial noncombustible bases and the candle flames are protected.
- Heat-producing equipment complying with Chapter 6 and the International Mechanical Code.
- Gas lights are allowed to be used provided adequate precautions satisfactory to the fire code official are taken to prevent ignition of combustible materials.
- Class I and Class II liquids and LP-gas shall not be used.
- Liquid- or solid-fueled lighting devices containing more than 8 ounces (237 ml) of fuel must self-extinguish and not leak fuel at a rate of more than 0.25 teaspoon per minute (1.26 ml per minute) if tipped over.
- The device or holder shall be constructed to prevent the spillage of liquid fuel or wax at the rate of more than 0.25 teaspoon per minute (1.26 ml per minute) when the device or holder is not in an upright position.
- The device or holder shall be designed so that it will return to the upright position after being tilted to an angle of 45 degrees from vertical.
Exception: Devices that self-extinguish if tipped over and do not spill fuel or wax at the rate of more than 0.25 teaspoon per minute (1.26 ml per minute) if tipped over.
- The flame shall be enclosed except where openings on the side are not more than 0.375-inch (9.5 mm) diameter or where openings are on the top and the distance to the top is such that a piece of tissue paper placed on the top will not ignite in 10 seconds.
- Chimneys shall be made of noncombustible materials and securely attached to the open-flame device.
Exception: A chimney is not required to be attached to any open-flame device that will self-extinguish if the device is tipped over.
- Fuel canisters shall be safely sealed for storage.
- Storage and handling of combustible liquids shall be in accordance with Chapter 57.
- Shades, where used, shall be made of noncombustible materials and securely attached to the open-flame device holder or chimney.
- Candelabras with flame-lighted candles shall be securely fastened in place to prevent overturning, and shall be located away from occupants using the area and away from possible contact with drapes, curtains or other combustibles.
Fire alarm, sprinkler and stand-pipe systems shall be maintained in an operable condition at all times.
Exceptions:
- When the premises have been cleared of all combustible materials and debris and, in the opinion of the fire code official, the type of construction, fire separation distance and security of the premises do not create a fire hazard.
- Where approved by the fire chief, buildings that will not be heated and where fire protection systems will be exposed to freezing temperatures, fire alarm and sprinkler systems are permitted to be placed out of service and standpipes are permitted to be maintained as dry systems (without an automatic water supply), provided the building has no contents or storage, and windows, doors and other openings are secured to prohibit entry by unauthorized persons.
Persons owning, or in charge or control of, a vacant building or portion thereof, shall remove therefrom all accumulations of combustible materials, flammable or combustible waste or rubbish and shall securely lock or otherwise secure doors, windows and other openings to prevent entry by unauthorized persons. The premises shall be maintained clear of waste or hazardous materials.
Exceptions:
- Buildings or portions of buildings undergoing additions, alterations, repairs or change of occupancy in accordance with the International Building Code, where waste is controlled and removed as required by Section 304.
- Seasonally occupied buildings.
The design of the placards shall use the following symbols:
- □ This symbol shall mean that the structure had normal structural conditions at the time of marking.
- ⍂ This symbol shall mean that structural or interior hazards exist and interior fire-fighting or rescue operations should be conducted with extreme caution.
- ⌧ This symbol shall mean that structural or interior hazards exist to a degree that consideration should be given to limit fire fighting to exterior operations only, with entry only occurring for known life hazards.
Vacant marker hazard identification symbols: The following symbols shall be used to designate known hazards on the vacant building marker. They shall be placed directly above the symbol.
- 4.1. R/O—Roof open
- 4.2. S/M—Stairs, steps and landing missing
- 4.3. F/E—Avoid fire escapes
- 4.4. H/F—Holes in floor
Removal of placards posted in accordance with this section without the approval of the fire official shall be a violation of this code.
Unoccupied tenant spaces in covered and open mall buildings shall be:
- Kept free from the storage of any materials.
- Separated from the remainder of the building by partitions of at least 0.5-inch-thick (12.7 mm) gypsum board or an approved equivalent to the underside of the ceiling of the adjoining tenant spaces.
- Without doors or other access openings other than one door that shall be kept key locked in the closed position except during that time when opened for inspection.
- Kept free from combustible waste and be broom swept clean.
Guard posts shall comply with all of the following requirements:
- Constructed of steel not less than 4 inches (102 mm) in diameter and concrete filled.
- Spaced not more than 4 feet (1219 mm) between posts on center.
- Set not less than 3 feet (914 mm) deep in a concrete footing of not less than a 15-inch (381 mm) diameter.
- Set with the top of the posts not less than 3 feet (914 mm) above ground.
- Located not less than 3 feet (914 mm) from the protected object.
Fueled equipment including, but not limited to, motorcycles, mopeds, lawn-care equipment, portable generators and portable cooking equipment, shall not be stored, operated or repaired within a building.
Exceptions:
- Buildings or rooms constructed for such use in accordance with the International Building Code.
- Where allowed by Section 314.
- Storage of equipment utilized for maintenance purposes is allowed in approved locations when the aggregate fuel capacity of the stored equipment does not exceed 10 gallons (38 L) and the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1.
Vendors shall not store, display, or sell smokeless powder or small arms primers during trade shows inside exhibition halls except as follows:
- The amount of smokeless powder displayed by each vendor is limited to the amount established in Section 5606.5.1.1.
- The amount of smokeless powder each vendor may store is limited to the storage arrangements and storage amounts established in Section 5606.5.2.1. Smokeless powder shall remain in the manufacturer's original sealed container, and the container shall remain sealed while inside the building. The repackaging of smokeless powder shall not be performed inside the building. Damaged containers shall not be repackaged inside the building and shall be immediately removed from the building in such manner to avoid spilling any powder.
- There shall be at least 50 feet (15 240 mm) separation between venders and 20 feet (6096 mm) from any exit.
- Small arms primers shall be displayed and stored in the manufacturer's original packaging and in accordance with the requirements of Section 5606.5.2.3.
Attic, under-floor and concealed spaces used for storage of combustible materials shall be protected on the storage side as required for 1-hour fire-resistance-rated construction. Openings shall be protected by assemblies that are self-closing and are of noncombustible construction or solid wood core not less than 13/4 inches (44.5 mm) in thickness. Storage shall not be placed on exposed joists.
Exceptions:
- Areas protected by approved automatic sprinkler systems.
- Group R-3 and Group U occupancies.
Outside storage of combustible materials shall not be located within 10 feet (3048 mm) of a property line or other building on the site.
Exceptions:
- The separation distance is allowed to be reduced to 3 feet (914 mm) for storage not exceeding 6 feet (1829 mm) in height.
- The separation distance is allowed to be reduced when the fire official determines that no hazard to the adjoining property exists.
Door or window openings to a hoistway or shaftway from the interior of the building shall be plainly marked with the word SHAFTWAY in red letters at least 6 inches (152 mm) high on a white background. Such warning signs shall be placed so as to be readily discernible.
Exception: Marking shall not be required on shaftway openings which are readily discernible as openings onto a shaftway by the construction or arrangement.
Wires, cables, ropes, antennas, or other suspended obstructions installed on the roof of a building having a roof slope of less than 30 degrees (0.52 rad) shall not create an obstruction that is less than 7 feet (2133 mm) high above the surface of the roof.
Exceptions:
- Such obstruction shall be permitted where the wire, cable, rope, antenna or suspended obstruction is encased in a white, 2-inch (51 mm) minimum diameter plastic pipe or an approved equivalent.
- Such obstruction shall be permitted where there is a solid obstruction below such that accidentally walking into the wire, cable, rope, antenna or suspended obstruction is not possible.
Structures shall not be constructed within the utility easement beneath high-voltage transmission lines.
Exception: Restrooms and unoccupied telecommunication structures of noncombustible construction less than 15 feet in height.
Outdoor storage within the utility easement underneath high-voltage transmission lines shall be limited to noncombustible material. Storage of hazardous materials including, but not limited to, flammable and combustible liquids is prohibited.
Exception: Combustible storage, including vehicles and fuel storage for backup power equipment serving public utility equipment, is allowed, provided that a plan indicating the storage configuration is submitted and approved.
Laundry carts with an individual capacity of 1 cubic yard [200 gallons (0.76 m3)] or more, used in laundries within Group B, F-1, I and R-1 occupancies shall be constructed of noncombustible materials or materials having a peak rate of heat release not exceeding 300 kW/m2 at a flux of 50 kW/m2 when tested in a horizontal orientation in accordance with ASTM E 1354.
Exceptions:
- Laundry carts in areas protected by an approved automatic sprinkler system installed throughout in accordance with Section 903.3.1.1.
- Laundry carts in coin-operated laundries.
