GILBERT ORDINANCE 2086

Sub. Sec. 10.37-1 Adoption of Fire Code
That certain document, three (3) copies of which are on the file in the office of the Town Clerk, being marked and designated as the “International Fire Code, 2006 Edition, published by the International Code Council, Inc., together with all appendices and standards to regulate and govern the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life and property in the occupancy of buildings and premises, be and the same is hereby adopted as the Fire Code of the Town and is hereby referred to adopted and made part hereof as though fully set forth in this section.
Sub. Sec. 10-37-2 Amendments of Fire Code
A. The International Fire Code, 2006 Edition, Chapter 1, ADMINISTRATION, shall be amended as follows:
101.1 Title. Insert the words “Town of Gilbert” as the name of the jurisdiction.
108.1 Boards of appeal established. Shall be amended in its entirety and revised to read as follows:
In order to hear and decide appeals of orders, decisions, determinations made by the Building Official or the Fire Chief relative to the application and interpretation of the Building and Construction Regulations Code of the Town of Gilbert and amendments thereto, (hereinafter this “Code”) or suitability of alternate materials and types of construction, there shall be and is hereby created a Building and Construction Regulations Code Board of Appeals consisting of five (5) members who are qualified by experience and training to pass on matters governed by this Code, and who are not employees of the Town. The Building Official and Fire Chief shall be ex officio members of and shall act as co-secretaries to said Board and shall have no vote on any matters before the Board. The Board of Appeals shall be appointed by the Council and shall hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business and shall render decisions and findings in writing to the appellant with a duplicate copy to the Building Official and the Fire Chief.
108.2 Limitations of authority. Shall be amended by revising the last sentence of the section to read as follows:
The Board of Appeals shall have no authority relative to interpretations of the Administrative provisions of the codes nor shall the Board be empowered to waive requirements of the code.
109.1 Unlawful acts. Shall be amended to read as follows:

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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, or allow, in conflict with or in violation of any of the provisions of this code or to create a public hazard that posses a threat to life or property.
109.3 Violation penalties. Shall be amended to read as follows:
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 One Misdemeanor Offence], punishable by a fine of not more than [$2,500] dollars or by imprisonment not exceeding [6 months], or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
B. The International Fire Code, 2006 Edition, Chapter 2, DEFINTIONS, shall be amended as follows:
FIRE CODE OFFICIAL. Shall be amended to read as follows:
The fire chief or fire marshal or other designated authority charged with the administration and enforcement of the code.
C. The International Fire Code, 2006 Edition, Chapter 3, GENERAL PRECAUTIONS AGAINST FIRE, shall be amended as follows:
308.3.1 Open flame cooking devices. Shall be amended by deleting exception number 2 in its entirety.
D. The International Fire Code, 2006 Edition, Chapter 5, FIRE SERVICE FEATURES, shall be amended as follows:
503.2.1 Dimensions. Shall be amended by revising the existing text and adding a new paragraph to read as follows:
Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), except for approved security gates in accordance with section 503.6. The unobstructed vertical clearance shall be not less than 15 feet (4572 mm).
Fire apparatus access roads shall have an unobstructed width of not less than 26 feet (7925 mm) in the immediate vicinity of any building or portion of building more than 30 feet (9144 mm) in height, except for approved security gates in accordance with section 503.6. The unobstructed vertical clearance shall not be less than 15 feet (4572 mm).
503.3 Marking. Shall be amended to read as follows:

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Where required by the fire code official, approved signs or other approved notices shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Signs or notices shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. Markings shall consist of Town of Gilbert detail #63 and /or curb painted red and labeled “Fire Lane No Parking”, placed not greater than 200 feet (60960 mm) apart and at the beginning and end of the designated fire lane.
503.5.2 Secondary Gates. Shall be amended by adding the new subsection to read as follows:
The queuing distance between the gate swing and arterial roadways shall accommodate the length of the fire apparatus. This distance is not required for automatic gates when no manual action is required to close and lock the gate.
503.7. Parking. Shall be amended by adding the new section to read as follows:
Fire department access shall have an unobstructed width of not less than 20 feet (6096 mm).

Road widths shall be as follows:
a. Streets with access from two directions 28 feet (8534 mm) widths with parking allowed on both sides of the street
b. Streets with access from two directions with a one-way traffic pattern 20 feet (6096 mm) street width with parking allowed on one side of the street, in the direction of travel.
c. Streets with access from one direction only (i.e. cul-de-sac) 28 feet (8534 mm) street widths with parking allowed on one side only. No parking to be indicated on the side where the fire hydrants are located.
d. Alleys or 20 foot (6096 mm) wide streets with a two-way traffic pattern – No parking allowed on either side of the street, alley or private drive.
e. Maximum median length shall not exceed 200 feet (60960 mm).
f. Traffic calming devices or features shall meet all access requirements for widths and clearances.
508.3 Fire flow. Shall be amended to read as follows:
Appendix B shall be used to determine fire flow requirements for buildings or portions of buildings and facilities. Open storage areas or yards are subject to approval of the fire code official.
508.3.1 Sprinkler water supply. Shall be amended by adding the new subsection and exception to read as follows:
Sprinkler water supply shall be a separate connection to looped public water supply and shall not serve domestic water service supply lines or fire hydrants.
Exception: Detached one and two family residential Group R-3 and Group U occupancies accessory to one and two family residential Group R-3.
E. The International Fire Code, 2006 Edition, Chapter 7, FIRE-RESISTANCE-RATED CONSTRUCTION, shall be amended as follows:

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703.4 Testing. Shall be amended to read as follows:
Horizontal and vertical sliding and rolling fire doors, smoke and/or fire dampers, fire shutters and smoke vents shall be inspected and tested annually to confirm proper operation and full closure. Resetting of the release mechanism shall be done in accordance with the manufacturer’s written instructions. A written record shall be maintained and available to the fire code official.
F. The International Fire Code, 2006 Edition, Chapter 9, FIRE PROTECTION SYSTEMS, shall be amended as follows:
901.6 Inspection, testing and maintenance. Shall be amended and an exception added to read as follows:
Fire detection, alarm and extinguishing systems shall be maintained in an operative condition at all times, and shall be replaced or repaired where defective. Non-required fire protection systems and equipment shall be inspected, tested and maintained or removed. The building owner shall be responsible for assuring that each fire protection system is maintained in an operable condition at all times per the applicable standard for that specific system. Individuals or businesses conducting inspections, testing, repair or maintenance of fire protection systems shall possess an appropriate valid fire protection system license issued by the Arizona Registrar of Contractors. The annual backflow prevention assembly tests shall be performed at the same time as the annual automatic fire sprinkler system tests. All work and periodic testing/maintenance shall be performed in accordance with the applicable standard for the fire protection system; in addition all required fire system impairments and notifications shall be made at a minimum 24 hours prior to work.

Exception: R3 occupancies not including residential care /assisted living facilities.
903.2. Through 903.2.10.3 shall be deleted in their entirety and replaced with the following sections 903.2 and 903.2.1 and exceptions to read as follows:
903.2 Where required – new construction. An approved automatic sprinkler system shall be installed throughout all levels of all new buildings and structures in excess of zero (0) square feet.
Exceptions:
1. One-family detached Group R-3 and their associated detached Group U.
2. Detached canopies less than 3000 square feet in area of Type II construction erected at fuel-dispensing facilities supervised by attendant operations personnel while open or available for fuel dispensing.
3. Accessory use structures such as ramadas, gazebos, guardhouses, restroom buildings at parks or golf courses.

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4. Detached accessory Group U carports or S-2 open parking garages less than 3000 square feet in area, of Type II construction, and used for the parking or storage of private motor vehicles.
903.2.1. Building Additions. All additions to existing buildings or structures and all buildings or structures that are expanded by an addition(s) shall be provided with an automatic fire protection system throughout all levels complying with Section 903.3 as applicable.
Exception:
The maximum aggregate floor area of an addition (s) is less than 1,000 square feet or 10% of the floor area of the existing building or structure, which ever is less, and a written letter provided by the building owner acknowledging that the building will be required to be provided with an approved automatic fire sprinkler system at such time an additional addition or change in occupancy occurs.
903.3 Installation requirements. Shall be amended by adding a new sub-section to read as follows:
903.3.8 Fire Sprinkler Riser Room. For the purpose of use, inspection, testing, or maintenance of fire sprinkler systems in all occupancies there shall be provided, at the time of construction, a dedicated interior fire sprinkler riser room with direct exterior access. The fire sprinkler riser room shall provide a minimum clear interior dimension of five feet (1524 mm) by five feet (1524).Access shall be provided through a side hinged door with a minimum 32 inch (813 mm) clear width. The height of the door(s) shall not be less than 80 inches (2032 mm).
Exception:
One- and two-family Group R-3 and their associated detached Group U.
The fire sprinkler riser room shall be used for no other purpose.
Exceptions:
1. Fire alarm control panel and associated equipment.
2. Roof access ladder and hatch installed in such a manner as to not interfere with use, inspection, testing, or maintenance of fire sprinkler systems.
3. Low voltage telecommunication equipment installed in such a manner as to not interfere with use, inspection, testing, or maintenance of fire sprinkler systems.
907.1 General. Shall be amended by adding a new sub-section to read as follows:
907.1.3 Fire alarm control panel location. The fire alarm control panel is required to be installed in the fire riser room or a system controlling fire alarm annunciator panel is to be placed in the fire riser room with a map of the location of the FACP.

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907.2.10 Single- and multiple-station smoke alarms. Shall be amended by adding a new sub-section to read as follows:
907.2.10.1.2.1 Group R-3 child care – special systems. A child care facility that provides care for 10 or fewer children of any age for less than 24 hours when the rooms where such children are cared for are located on the level of exit discharge and each of these child care rooms has an exit door directly to the exterior, shall be classified as group R-3. At least one smoke detector shall be located within this child care area and provided with third party monitoring.
G. The International Fire Code, 2006 Edition, Chapter 10, MEANS OF EGRESS, shall be amended as follows:

SECTION 1011 Shall be amended by adding two new sub-section to read as follows:
1011.6 No exit signage. Any door, passage, or stairway that is neither an exit nor a way of exit access and that is located or arranged so that it is likely to be mistaken for an exit shall be identified by a sign that reads NO EXIT. The NO EXIT sign shall consist of letters having a principal stroke of not less than 0.75 inch (19.1mm) wide and at least 6 inches (152mm) high on a contrasting background.
1011.7 Floor-level Exit Signs. When exit signs are required by Section 1011, additional approved low-level exit signs which are internally or externally illuminated, photo luminescent or self-luminous, shall be provided in all interior corridors serving guest rooms in Group R-1 occupancies. The bottom of the sign shall not be less than 6 inches (152mm) or more than 8 inches (203mm) above the floor level. For exit doors, the sign shall be on the door or adjacent to the door with the closest edge of the sign within 4 inches (102mm) of the door frame.
1027.7 Size of doors. Shall be amended by adding one new paragraph following the exceptions and one new subsection to read as follows:
Group R-3 Residential Care Facilities and R-4. Every required exit doorway shall be of a size as to permit the installation of a door not less than 3 feet (914 mm) in width and not less than 6 feet 8 inches (2032 mm) in height. When installed, exit doors shall be capable of opening so that the clear width of the exit is not less than 32 inches (813 mm). The door(s) shall be of the pivoted or side-hinged, swinging type.
1027.7.2 Locks and latches. Doors from individual dwelling or sleeping units of Group R-3 residential care/assisted living facilities and R-4 occupancies are permitted to be equipped with locks or latches, provided such devices are operable from the inside without the use of a key or tool and are mounted not more than 48 inches (1219 mm) above the finished floor. For required exterior exit doors, approved magnetic door locking devices are permitted where tied to the fire alarm system and released upon activation of any fire detection or suppression device or loss of power.
H. The International Fire Code, 2006 Edition, Chapter 14, FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION, shall be amended as follows:

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1410.1 Required access. Shall be amended to read as follows:
Required access. Approved vehicle access for fire fighting shall be provided to all construction or demolition sites. Vehicle access shall be provided to within 100 feet (30480 mm) of temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads, capable of supporting vehicle loading under all weather conditions, drivable grade, and maintained clear of all obstructions with a minimum width of (20) feet. Vehicle access shall be maintained, adequately signed with the wording as an emergency fire access road until permanent fire apparatus access roads are available.
1412.1 When required. Shall be amended to read as follows:
An approved water supply for fire protection, either temporary or permanent, shall be made available prior to combustible material arrival on the site.
1414.2 Operation of valves. Shall be amended to read as follows:
Operation of sprinkler control valves, fire hydrants or street control valves shall be allowed only by properly authorized personnel and shall be accompanied by notification of duly designated parties. When the sprinkler protection, hydrant water is being regularly turned off and on to facilitate connection of newly completed segments, the sprinkler control valves, fire hydrants and street control valves shall be checked at the end of each work period to ascertain that protection is in service, this is the responsibility of the fire prevention program superintendent and recorded and maintained on daily logs until such time the project is completed. Fire department personnel may request access to logs at any time to verify valve control, failure to control or record valves status will constitute a fire code violation for failure to obey orders and notices as required by this code.
I. The International Fire Code, 2006 Edition, Chapter 15, FLAMMABLE FINISHES, shall be amended as follows:
1504.2 Location of spray-finishing operations. Shall be amended by adding the new subsection to read as follows:
1504.2.1 Exterior Finishing Operations. Spray-finishing operations shall not be conducted outside of structures unless approved by the fire code official.
J. The International Fire Code, 2006 Edition, Chapter 24, TENTS, CANOPIES AND OTHER MEMBRANE STRUCTURES shall be amended as follows:
2403.5 Use period. Shall be amended to read as follows:
Temporary tents, air-supported, air-inflated or tensioned membrane structures and canopies shall not be erected for a period of more than 120 days within a 12-month period on a single premise.
K. The International Fire Code, 2006 Edition, Chapter 27, HAZARDOUS MATERAILS – GENERAL PROVISIONS, shall be amended as follows:

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2701.5 Permits. Shall be amended by adding a new subsection to read as follows:
2701.5.3 Electronic filing. In addition to the general authority granted to the fire code official pursuant to Section 104.1, the fire code official is hereby authorized to establish procedures regarding the submittal of information regarding hazardous materials and requiring persons possessing or storing hazardous materials to electronically file and keep an approved hazardous materials management plan and/or a hazardous materials inventory statement. Format to be determined by the needs of the AHJ.
L. The International Fire Code, 2006 Edition, Chapter 34, FLAMMABLE AND COMBUSTIBLE LIQUIDS, shall be amended as follows:
3406.2.8 Dispensing from tank vehicles. Shall be amended by adding two new subsections to read as follows:
3406.2.8.2 Disabled vehicles. When a tank vehicle or tank is disabled through accident or mechanical failure and it becomes necessary to remove the cargo at that location, such cargo is allowed to be transferred to another tank vehicle or tank car using approved means.
3406.2.8.3 Time limit for unloading. Tank vehicles and tank cars shall be unloaded as soon as possible after arrival at point of delivery and shall not be used as storage tanks. Tank cars shall be unloaded only on private sidings or railroad siding facilities equipped for transferring the liquid between tank cars and permanent storage tanks. Unless
otherwise approved, a tank car shall not be allowed to remain on a siding at the point of delivery for more than 24 hours while connected for transfer operations.
3406.5.4.4 Fueling of vehicles at farms, construction sites and similar areas. Shall be amended by adding a new subsection to read as follows:
3406.5.4.4.1 Fueling of vehicles at residential developments or similar areas. Transfer of liquid from tank vehicles to motor vehicles for private use in housing areas or residential developments shall be prohibited.
M. The International Fire Code, 2006 Edition, Chapter 45, REFERENCED STANDARDS, shall be amended by adding or revising the following referenced standards:

CHAPTER 45
Add
ANSI Publications
B31.3—01 Process Piping
ASME Publications
A17.3—2001 Safety Code for Existing Elevators and Escalators
CGA Publications
S-1.1—(2001) Pressure Relief Device Standards—Part 1—Cylinders for Compressed Gases

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NFPA Standards
Revise
11A—02 Medium- and High-Expansion Foam Systems
Add
230—03 Standard for the Fire Protection of Storage
232—00 Standard for the Protection of Records
409—01 Standard on Aircraft Hangars
484—02 Standard for Combustible Metals, Metal Powders, and Metal Dusts
Section 10-38 ENFORCED REMOVAL OR ABATEMENT OF PROHIBITED CONDITIONS CODE
Sub Sec. 10-38-1 Failure to Act
Sub Sec. 10-38-2 Payment of Costs
Sub Sec. 10-38-3 Addition to Other Powers
Sub Sec. 10-38-1 Failure to Act
If any person fails to take action to remove or abate a prohibited condition as specified in the Building Code, Electrical Code, Plumbing Code, Mechanical Code or Fire Code, as adopted and amended, within 15 days after receiving written notice and demand for removal or abatement thereof, the Town, through the Town Manager, Code Compliance Officer or Town Attorney is hereby empowered to take whatever steps are necessary to remove or abate such prohibited condition including, but not limited to, entry onto the premises, prohibiting entry onto the premises, issuing a stop order, filing an action at law or in equity for relief in the Superior Court of Maricopa County, or obtaining an order from the Magistrate Court of the Town pending prosecution.
Sub Sec . 10-38-2 Payment of Costs
The person who commits, continues, permits or allows such prohibited condition shall bear all costs and fees of removal or abatement including, but not limited to, towing charges, equipment rental, use or purchase, Town employee time, and Attorney’s fees as actually incurred by Town for such removal or enforcement. If such costs are not paid to the Town within thirty (30) days of assessment, the costs may be collected against the person as in civil proceedings.
Sub Sec. 10-38-3 Addition to Other Powers
The enforcement powers for removal or abatement set forth in this section shall be in addition to any other powers or remedies provided for by law, and in addition to any criminal penalties provided for by this code.