ORD 37055 - Amend chapter 46 of municipal code to adopt 2003 edition of international fire code ,
A. `1l�P�s� RECEIVED
i L Fire Department
U`'�' E I V + 1516 Jackson Street
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` �x� 4i � Omaha,Nebraska 68102-3110
�o�yry June 7, 2005 ;t FAX(402)444-6378
q�r�o Fea�o 0 A A t,. I--"11 Robert C.Dahlquist
City of Omaha �� (r Fire Chief
Mike Fahey,Mayor
•
Honorable President
and Members of the City Council,
Submitted herewith is a proposed ordinance to replace Chapter •46 of the Omaha Municipal
Code, commonly known as the Fire Code.
This ordinance will repeal and replace the present Uniform Fire Code," 1994 edition, with the
International Fire Code" 2003 edition, which is published by the International Code Council.
This "International Fire Code" has been 'specifically written to be a companion code to the
"International Building Code"which has been adopted previously by this council.
In addition to updating and revising an antiquated code, this International Fire Code includes ,
new provisions for "Hot Work" permits and fire prevention requirements to help ensure
improved safety for construction, alteration and demolition of buildings in our jurisdiction.
Enactment of this Ordinance will bring the City's fire code into closer compatibility with the
existing building code, provide better fire prevention and safety requirements, and generally
modernize our fire regulations.
Your favorable consideration and enactment of this Ordinance is respectfully requested.
Resp lly submitted,
.,j d4.___ 74 1
Robert Dahlquist, FiW Chief
Omaha Fire Department
P:\OFD\12447pjrn.doc
•.
ORDINANCE NO. c36ZSa
1 AN ORDINANCE to amend Chapter 46 entitled Fire Code, by adopting the 2003 edition of the
2 International Fire Code regulating and governing the safeguarding of life and property
3 from fire and explosion hazards; providing for the issuance of permits and the collection
4 of fees therefor; repealing Chapter 46 of the Omaha Municipal Code as heretofore
5 existing; and providing for the effective date hereof.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
7 Section 1. That a new Chapter 46 of the Omaha Municipal Code is hereby created, which
8 chapter shall read as follows:
9 Article I. In General
10
11 Sec. 46-1 Adoption of International Fire Code
12
13 The 2003 edition of the International Fire Code, regulating and governing the
14 safeguarding of life and property from fire and explosion hazards arising from the
15 storage, handling and use of hazardous substances, materials and devices, and from
16 conditions hazardous to life or property in the occupancy of buildings and premises in the
17 City of Omaha and within the jurisdictional limits of the City; providing for the issuance
18 of permits and collection of fees therefore is hereby adopted as part of this Code as herein
19 more specifically provided.
20
21 Sec. 46-2 Official copies of Code
22
23 That a certain document, three (3) copies of which are on file in the office of the City
24 Clerk of Omaha, being marked and designated as the International Fire Code, 2003
25 edition, including Appendix Chapters E, F, and G, as published by the International Code
26 Council, be and is hereby adopted as the Fire Code of the City of Omaha, in the State of
27 Nebraska regulating and governing the safeguarding of life and property from fire and
28 explosion hazards arising from the storage, handling and use of hazardous substances,
29 materials and devices, and from conditions hazardous to life or property in the occupancy
30 of buildings and premises as herein provided; providing for the issuance of permits and
31 collection of fees therefor; and each and all of the regulations, provisions, penalties,
32 conditions and terms of the said Fire Code on file in the office of the City Clerk are
33 hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance,
34 with the additions, insertions, deletions and changes, prescribed in Article II of this
35 ordinance.
Ordinance No. L3Z j
Page 2
•
•
1 Article II. Amendments
2
3 Sec. 46-3 That the following Sections of the International Fire Code, 2003 edition, are hereby
4 revised as follows:
5
6 Chapter 1 is deleted in its entirety, and shall be replaced with the following:
7
8 Division 1. Administration
9
10 101.1 Title.
11
12 These regulations shall be known as the Fire Code of the City of Omaha, hereinafter
13 referred to as "this code."
14
15 101.2 Scope.
16
17 This code established regulations affecting or regulating to structures,processes,
18 premises and safeguards regarding:
19
20 1. The hazard of fire and explosion arising from the storage, handling or use of
21 structures, materials or devices;
22
23 2. Conditions hazardous to life, property or public welfare in the occupancy of
24 structures or premises;
25
26 3. Fire hazards in the structure or on the premises from occupancy or operation;
27
28 4. Matters related to the construction, extension, repair, alteration or removal of fire
29 suppression or alarm systems.
30
31 101.2.1 Appendices.
32
33 Provisions in the appendices shall not apply unless specifically adopted.
34
35 101.3 Intent.
36
37 The purpose of this code is to establish the minimum requirements consistent with
38 nationally recognized good practice for providing a reasonable level of life safety and
39 property protection from the hazards of fire, explosion or dangerous conditions in new
40 and existing buildings, structures and premises and to provide safety to fire fighters and
41 emergency responders during emergency operations.
42
43 101.4 Severability.
44
45 If a Section, subSection, sentence, clause or phrase of this code is, for any reason, held to
46 be unconstitutional, such decision shall not affect the validity of the remaining portions of
47 this code.
Ordinance No. C /A25,
Vage 3
•
1 101.5 Validity.
2
3 In the event any part or provision of this code is held to be illegal or void, this shall not
4 have the effect of making void or illegal any of the other parts or provisions hereof,
5 which are determined to be legal; and it shall be presumed that this code would have been
6 adopted without such illegal or invalid parts or provisions.
7
8 Division 2. Applicability
9
10 102.1 Construction and design provisions.
11
12 The construction and design provisions of this code shall apply to:
13
14 1. Structures, facilities and conditions arising after the adoption of this code.
15
16 2. Existing structures, facilities and conditions not legally in existence at the time of
17 adoption of this code.
18
19 3. Existing structures, facilities and conditions when identified in specific Sections
20 of this code.
21
22 4. Existing structures, facilities and conditions which, in the opinion of the code
23 official, constitute a distinct hazard to life or property.
24
25 102.2 Administrative, operational and maintenance provisions.
26
27 The administrative, operational and maintenance provisions of this code shall apply to:
28
29 1. Conditions and operations arising after the adoption of this code.
30
31 2. Existing conditions and operations.
32
33 102.3 Change of use or occupancy.
34
35 The provisions of the International Building Code shall apply to all buildings undergoing
36 a change of occupancy.
37
38 102.4 Application of building code.
39
40 The design and construction of new structures shall comply with the International
41 Building Code. Repairs, alterations and additions to existing structures shall comply with
42 the International Building Code.
43
44 102.5 Historic buildings.
45
46 The construction, alteration, repair, enlargement, restoration, relocation or movement of
47 existing buildings or structures that are designated as historic buildings when such
Ordinance No.
Page 4
1 buildings or structures do not constitute a distinct hazard to life or property shall be in
2 accordance with the provisions of the International Building Code.
3
4 102.6 Referenced codes and standards.
5
6 The codes and standards referenced in this code shall be those that are listed in Chapter
7 45 and such codes and standards shall be considered part of the requirements of this code
8 to the prescribed extent of each such reference. Where differences occur between the
9 provisions of this code and the referenced standards, the provisions of this code shall
10 apply.
11
12 102.7 Subjects not regulated by this code.
13
14 Where no applicable standards or requirements are set forth in this code, or are contained
15 within other laws, codes, regulations, ordinances or bylaws adopted by the jurisdiction,
16 compliance with applicable standards of the National Fire Protection Association or other
17 nationally recognized fire safety standards, as approved, shall be deemed as prima facie
18 evidence of compliance with the intent of this code. Nothing herein shall derogate from
19 the authority of the fire code official to determine compliance with codes or standards for
20 those activities or installations within the code official's jurisdiction or responsibility.
21
22 102.8 Matters not provided for.
23
24 Requirements that are essential for the public safety of an existing or proposed activity,
25 building or structure, or for the safety of the occupants thereof, which are not specifically
26 provided for by this code shall be determined by the fire code official.
27
28 102.9 Conflicting provisions.
29
30 Where there is a conflict between a general requirement and a specific requirement, the
31 specific requirement shall be applicable.
32
33 102.10 Jurisdiction.
34
35 All provisions of this code shall apply within the City of Omaha and its extraterritorial
36 jurisdictional limits.
37
38 Division 3. Bureau of Fire Prevention
39
40 103.1 General.
41
42 The bureau of fire prevention is established within the jurisdiction under the direction of
43 the fire code official. The function of the bureau shall be the implementation,
44 administration and enforcement of the provisions of this code.
Ordinance No. c'513 "S--
Page 5
1 103.3 Deputies.
2
3 In accordance with the prescribed procedures of this jurisdiction and with the
4 concurrence of the appointing authority, the fire code official shall have the authority to
5 appoint a deputy fire code official, other related technical officers, inspectors and other
6 employees.
7
8 103.4 Liability.
9
10 The fire code official, officer or employee charged with the enforcement of this code,
11 while acting for the jurisdiction, shall not thereby be rendered liable personally, and is
12 hereby relieved from all personal liability for any damage accruing to persons or
13 property as a result of an act required or permitted in the discharge of official duties.
14
15 103.4.1 Legal defense.
16
17 Any suit instituted against any officer or employee because of an act performed by that
18 officer or employee in the lawful discharge of duties and under the provisions of this
19 code shall be defended by the legal representative of the jurisdiction until the final
20 termination of the proceedings. The fire code official or any subordinate shall not be
21 liable for costs in an action, suit or proceeding that is instituted in pursuance of the
22 provisions of this code; and any officer of the bureau of fire prevention, acting in good
23 faith and without malice, shall be free from liability for acts performed under any of its
24 provisions or by reason of any act or omission in the performance of official duties in
25 connection therewith, all as provided by and consistent with the Omaha Municipal Code.
26
27 Division 4. General Authority and Responsibility
28
29 104.1 General.
30
31 The fire code official is hereby authorized to enforce the provisions of this code and shall
32 have the authority to render interpretations of this code, and to adopt policies, procedures,
33 rules and regulations in order to clarify the application of its provisions. Such
34 interpretations, policies, procedures, rules and regulations shall be in compliance with the
35 intent and purpose of this code and shall not have the effect of waiving requirements
36 specifically provided for in this code.
37
38 104.1.1 Fire Prevention Bureau personnel and police.
39
40 When requested to do so by the fire code official, the Chief of Police is authorized to
41 assign such available police officers as necessary to assist the fire department in
42 enforcing the provisions of this code.
43
44 104.2 Applications and permits.
45
46 The fire code official is authorized to receive applications, review construction
47 documents and issue permits for construction regulated by this code, issue permits for
Ordinance No. 223 3
Page 6
1 operations regulated by this code, inspect the premises for which such permits have been
2 issued and enforce compliance with the provisions of this code.
3
4 104.3 Right of entry.
5
6 Whenever it is necessary to make an inspection to enforce the provisions of this code, or
7 whenever the fire code official has reasonable cause to believe that there exists in a
8 building or upon any premises any conditions or violations of this code which make the
9 building or premises unsafe, dangerous or hazardous, the fire code official shall have the
10 authority to enter the building or premises at all reasonable times to inspect or to perform
11 the duties imposed upon the fire code official by this code. If such building or premises
12 is occupied, the fire code official shall present credentials to the occupant and request
13 entry. If such building or premises is unoccupied, the fire code official shall first make a
14 reasonable effort to locate the owner or other person having charge or control of the
15 building or premises and request entry. If entry is refused, the fire code official has
16 recourse to every remedy provided by law to secure entry.
17
18 104.3.1 Warrant.
19
20 When the fire code official has first obtained a proper inspection warrant or other remedy
21 provided by law to secure entry, an owner or occupant or person having charge, care or
22 control of the building or premises shall not fail or neglect, after proper request is made
23 as herein provided, to permit entry therein by the fire code official for the purpose of
24 inspection and examination pursuant to this code.
25
26 104.4 Identification.
27
28 The fire code official shall carry proper identification when inspecting structures or
29 premises in the performance of duties under this code.
30
31 104.5 Notices and orders.
32
33 The fire code official is authorized to issue such notices or orders as are required to affect
34 compliance with this code in accordance with Sections 109.1 and 109.2.
35
36 104.6 Official records.
37
38 The fire code official shall keep official records as required by Sections 104.6.1 through
39 104.6.4. Such official records shall be retained for not less than five years or for as long
40 as the structure or activity to which such records relate remains in existence, unless
41 otherwise provided by other regulations.
42
43 104.6.1 Approvals.
44
45 A record of approvals shall be maintained by the fire code official and shall be available
46 for public inspection during business hours in accordance with applicable laws.
Ordinance No. c3a L
Page 7
1 104.6.2 Inspections.
2
3 The fire code official shall keep a record of each inspection made, including notices and
4 orders issued, showing the findings and disposition of each.
5
6 104.6.3 Fire records.
7
8 The fire department shall keep a record of fires occurring within its jurisdiction which it
9 suppressed, or of which it has been otherwise notified, and of facts concerning the same,
10 including statistics as to the extent of such fires and the damage caused thereby, together
11 with other information as required by the fire code official.
12
13 104.6.4 Administrative.
14
15 Application for modification, alternative methods or materials and the final decision of
16 the fire code official shall be in writing and shall be officially recorded in the permanent
17 records of the fire code official.
18
19 104.7 Approved materials and equipment.
20
21 All materials, equipment and devices approved by the fire code officials shall be
22 constructed and installed in accordance with such approval.
23
24 104.7.1 Material and equipment reuse.
25
26 Materials, equipment and devices shall not be reused or reinstalled unless such elements
27 have been reconditioned, tested and placed in good and proper working condition and
28 approved.
29
30 104.7.2 Technical assistance.
31
32 To determine the acceptability of technologies, processes, products, facilities, materials
33 and uses attending the design, operation or use of a building or premises subject to
34 inspection by the fire code official, the fire code official is authorized to require the
35 owner or agent to provide, without charge to the jurisdiction, a technical opinion and
36 report. The opinion and report shall be prepared by a qualified engineer, specialist,
37 laboratory or fire safety specialty organization acceptable to the fire code official and
38 shall analyze the fire safety properties of the design, operation or use of the building or
39 premises and the facilities and appurtenances situated thereon, to recommend necessary
40 changes. The fire code official is authorized to require design submittals to be prepared
41 by, and bear the stamp of, a registered design professional.
42
43 104.8 Modifications.
44
45 Whenever there are practical difficulties involved in carrying out the provisions of this
46 code, the fire code official shall have the authority to grant modifications for individual
47 cases, provided the fire code official shall first find that special individual reason makes
Ordinance No. (3 '
Page 8
•
1 the strict letter of this code impractical and the modification is in compliance with the
2 intent and purpose of this code and that such modification does not lessen health, life and
3 fire safety requirements. The details of action granting modifications shall be recorded
4 and entered in the files of the bureau of fire prevention.
5
6 104.9 Alternative materials and methods.
7
8 The provisions of this code are not intended to prevent the installation of any material or
9 to prohibit any method of construction not specifically prescribed by this code, provided
10 that any such alternative has been approved. The fire code official is authorized to
11 approve an alternative material or method of construction where the fire code official
12 finds that the proposed design is satisfactory and complies with the intent of the
13 provisions of this code, and that the material, method or work offered is, for the purpose
14 intended, at least the equivalent of that prescribed in this code in quality, strength,
15 effectiveness, fire resistance, durability and safety.
16
17 104.10 Fire investigations.
18
19 The fire code official, the fire department or other responsible authority shall have the
20 authority to investigate the cause, origin and circumstances of any fire, explosion or other
21 hazardous condition. Information that could be related to trade secrets or processes shall
22 not be made part of the public record except as directed by a court of law.
23
24 104.10.1 Assistance from other agencies.
25
26 Police and other enforcement agencies shall have authority to render necessary assistance
27 in the investigation of fires when requested to do so.
28
29 104.11 Authority at fires and other emergencies.
30
31 The fire chief or officer of the fire department in charge at the scene of a fire or other
32 emergency involving the protection of life or property or any part thereof, shall have the
33 authority to direct such operation as necessary to extinguish or control any fire, perform
34 any rescue operation, investigate the existence of suspected or reported fires, gas leaks or
35 other hazardous conditions or situations, or take any other action necessary in the
36 reasonable performance of duty. In the exercise of such power, the fire chief is
37 authorized to prohibit any person, vehicle, vessel or thing from approaching the scene
38 and is authorized to remove, or cause to be removed or kept away from the scene, any
39 vehicle, vessel or thing which could impede or interfere with the operations of the fire
40 department and , in the judgment of the fire chief, any person not actually and usefully
41 employed in the extinguishing of such fire or in the preservation of property in the
42 vicinity thereof.
Ordinance No. 3•22
Page 9
1 104.11.1 Barricades.
2
3 The fire chief or officer of the fire department in charge at the scene of an emergency is
4 authorized to place ropes, guards, barricades or other obstructions across any street, alley,
5 place or private property in the vicinity of such operation so as to prevent accidents or
6 interference with the lawful efforts of the fire department to manage and control the
7 situation and to handle fire apparatus.
8
9 104.11.2 Obstructing operations.
10
11 No person shall obstruct the operations of the fire department in connection with
12 extinguishment or control of any fire, or actions relative to other emergencies, or disobey
13 any lawful command of the fire chief or officer of the fire department in charge of the
14 emergency, or any part thereof, or any lawful order of a police officer assisting the fire
15 department.
16
17 104.11.3 Systems and devices.
18
19 No person shall render a system or device inoperative during an emergency unless by
20 direction of the fire chief or fire department official in charge of the incident.
21
22 Division 5. Permits
23
24 105.1 General. Permits shall be in accordance with Section 105.
25
26 105.1.1 Permits required.
27
28 Permits required by this code shall be obtained from the fire code official. Permit fees
29 shall be paid prior to issuance of the permit. Issued permits shall be kept on the premises
30 designated therein at all times and shall be readily available for inspection by the fire
31 code official. Each initial inspection referred to shall include one free reinspection. The
32 reinspection fees referred to are charged for the third revisit and for subsequent revisits to
33 the facility. All permit fees prescribed by this Section not paid within 60 days of
34 notification shall be deemed delinquent and the applicant shall pay a penalty fee. The
35 penalty fee shall be quadruple the amount of the regular fee.
36
37 105.1.2 Types of permits. There shall be two types of permits as follows:
38
39 1. Operational permit. An operational permit allows the applicant to conduct an
40 operation or a business for which a permit is required by Section 105.6 for either:
41
42 1.1 A prescribed period.
43 1.2 Until renewed or revoked.
44
45 2. Construction permits, plan review fees and inspection fees. A construction permit
46 allows the applicant to install or modify systems and equipment for which a
47 permit is required by Section 105.7.
Ordinance No. '2OS�j
Page 10
1 105.1.3 Permits for the same location.
2
3 When more than one permit is required for the same location, the fire code official is
4 authorized to consolidate such permits into a single permit provided that each provision is
5 listed in the permit.
6
7 105.2 Application.
8
9 Application for a permit required by this code shall be made to the fire code official in
10 such form and detail as prescribed by the fire code official. Applications for permits shall
11 be accompanied by such plans as prescribed by the fire code official.
12
13 105.2.1 Refusal to issue permit.
14
15 If the application for a permit describes a use that does not conform to the requirements
16 of this code and other pertinent laws and ordinances, the fire code official shall not issue
17 a permit, but shall return the application to the applicant with the refusal to issue such
18 permit. Such refusal shall, when requested, be in writing and shall contain the reasons for
19 refusal.
20
21 105.2.2 Inspection authorized.
22
23 Before a new operational permit is approved, the fire code official is authorized to inspect
24 the receptacles, vehicles, buildings, devices, premises, storage spaces or areas to be used
25 to determine compliance with this code or any operational constraints required.
26
27 105.2.3 Time limitation of application.
28
29 An application for a permit for any proposed work or operation shall be deemed to have
30 been abandoned 180 days after the date of filing, unless such application has been
31 diligently prosecuted or a permit shall have been issued; except that the fire code official
32 is authorized to grant one or more extensions of time for additional periods not exceeding
33 90 days each if there is reasonable cause.
34
35 105.2.4 Action on application.
36
37 The fire code official shall examine or cause to be examined applications for permits and
38 amendments thereto within a reasonable time after filing. If the application or the
39 construction documents do not conform to the requirements of pertinent laws, the fire
40 code official shall reject such application in writing, stating the reasons therefor. If the
41 fire code official is satisfied that the proposed work or operation conforms to the
42 requirements of this code and laws and ordinances applicable thereto, the fire code
43 official shall issue a permit therefore as soon as practicable.
Ordinance No. c3 9e
Page 11
1 105.3 Conditions of a permit.
2
3 A permit shall constitute permission to maintain, store or handle materials; or to conduct
4 processes which produce conditions hazardous to life or property; or to install equipment
5 utilized in connection with such activities; or to install or modify any fire protection
6 system or equipment or any other construction, equipment installation or modification in
7 accordance with the provisions of this code where a permit is required by Section 105.6
8 or 105.7. Such permission shall not be construed as authority to violate, cancel or set
9 aside any of the provisions of this code or other applicable regulations or laws of the
10 jurisdiction.
11
12 105.3.1 Expiration.
13
14 An operational permit shall remain in effect until reissued, renewed, or revoked or for
15 such a period of time as specified in the permit. Construction permits shall automatically
16 become invalid unless the work authorized by such permit is commenced within 180 days
17 after its issuance, or if the work authorized by such permit is suspended or abandoned for
18 a period of 180 days after the time the work is commenced. Before such work
19 recommences, a new permit shall be first obtained and the fee to recommence work, if
20 any, shall be one-half the amount required for a new permit for such work, provided no
21 changes have been made or will be made in the original construction documents for such
22 work, and provided further that such suspension or abandonment has not exceeded one
23 year. Permits are not transferable and any change in occupancy, operation, tenancy or
24 ownership shall require that a new permit be issued.
25
26 105.3.2 Extensions.
27
28 A permitee holding an unexpired permit shall have the right to apply for an extension of
29 the time within which the permittee will commence work under that permit when work is
30 unable to be commenced within the time required by this Section for good and
31 satisfactory reasons. The fire code official is authorized to grant, in writing, one or more
32 extensions of the time period of a permit for periods of not more than 90 days each. Such
33 extensions shall be requested by the permit holder in writing and justifiable cause
34 demonstrated.
35
36 105.5.3 Occupancy prohibited before approval.
37
38 The building or structure shall not be occupied prior to the fire code official issuing a
39 permit that indicates that applicable provisions of this code have been met.
40
41 105.3.4 Conditional permits.
42
43 Where permits are required and upon the request of a permit applicant, the fire code
44 official is authorized to issue a conditional permit to occupy the premises or portion
45 thereof before the entire work or operations on the premises is completed, provided that
46 such portion or portions will be occupied safely prior to full completion or installation of
47 equipment and operations without endangering life or public welfare. The fire code
Ordinance No. c5055
Page 12
1 official shall notify the permit applicant in writing of any limitations or restrictions
2 necessary to keep the permit area safe. The holder of a conditional permit shall proceed
3 only to the point for which approval has been given, at the permit holder's own risk and
4 without assurance that approval for the occupancy or the utilization of the entire
5 premises, equipment or operations will be granted.
6 105.3.5 Posting the permit.
7
8 Issued permits shall be kept on the premises designated therein at all times and shall be
9 readily available for inspection by the fire code official.
10
11 105.3.6 Compliance with code.
12
13 The issuance or granting of a permit shall not be construed to be a permit for, or an
14 approval of, any violation of any of the provisions of this code or of any other ordinance
15 of the jurisdiction. Permits presuming to give authority to violate or cancel the
16 provisions of this code or other ordinances of the jurisdiction shall not be valid. The
17 issuance of a permit based on construction documents and other data shall not prevent the
18 fire code official from requiring the correction of errors in the construction documents
19 and other data. Any addition to or alteration of approved construction documents shall be
20 approved in advance by the fire code official, as evidenced by the issuance of a new or
21 amended permit.
22
23 105.3.7 Information on the permit.
24
25 The fire code official shall issue all permits required by this code on an approved form
26 furnished for that purpose. The permit shall contain a general description of the
27 operation or occupancy and its location and any other information required by the fire
28 code official. Issued permits shall bear the signature of the fire code official or other
29 approved legal authorization.
30
31 105.4 Construction documents.
32
33 Construction documents shall be in accordance with this Section.
34
35 105.4.1 Submittals.
36
37 Construction documents shall be submitted in one or more sets and in such form and
38 detail as required by the fire code official. The construction documents shall be prepared
39 by a registered design professional where required by the statutes of the jurisdiction in
40 which the project is to be constructed.
41
42 105.4.2 Information on construction documents.
43
44 Construction documents shall be drawn to scale upon suitable material. Electronic media
45 documents are allowed to be submitted when approved by the fire code official.
46 Construction documents shall be of sufficient clarity to indicate the location, nature and
47 extent of the work proposed and shows in detail that it will conform to the provisions of
Ordinance No. c3,24.5'6--
Page 13
1 this code and relevant laws, ordinances, rules and regulations as determined by the fire
2 code official.
3
4 105.4.3 Applicant responsibility.
5
6 It shall be the responsibility of the applicant to ensure that the construction documents
7 include all of the fire protection requirements and the shop drawings are complete and in
8 compliance with the applicable codes and standards.
9
10 105.4. 4 Approved documents.
11
12 Construction documents approved by the fire code official are approved with the intent
13 that such construction documents comply in all respects with this code. Review and
14 approval by the fire code official shall not relieve the applicant of the responsibility of
15 compliance with this code.
16
17 105.4.5 Corrected documents.
18
19 Where field conditions necessitate any substantial change from the approved construction
20 documents, the fire code official shall have the authority to require the corrected
21 construction documents to be submitted for approval.
22
23 105.4.6 Retention of construction documents.
24
25 One set of construction documents shall be retained by the fire code official until final
26 approval of the work covered therein. One set of approved construction documents shall
27 be returned to the applicant, and said set shall be kept on the site of the building or work
28 at all times during which the work authorized thereby is in progress.
29
30 105.5 Revocation.
31
32 The fire code official is authorized to revoke a permit issued under the provisions of this
33 code when it is found by inspection or otherwise that there has been a false statement or
34 misrepresentation as to the material facts in the application or construction documents on
35 which the permit or approval was based including, but not limited to, any one of the
36 following:
37
38 1. The permit is used for a location or establishment other than that for which it was
39 issued.
40
41 2. The permit is used for a condition or activity other that that listed in the permit.
42
43 3. Conditions and limitations set forth in the permit have been violated.
44
45 4. There have been any false statements or misrepresentations as to the material fact in
46 the application for permit or plans submitted or a condition of the permit.
Ordinance No. �j,� 5
Page 14
1 5. The permit is used by a different person or firm than the name for which it was
2 issued.
3
4 6. The permittee failed, refused or neglected to comply with orders or notices duly
5 served in accordance with the provisions of this code within the time provided
6 therein.
7
8 7. The permit was issued in error or in violation of an ordinance, regulation or this code.
9
10 105.6 Required operational permits.
11
12 The fire code official is authorized to issue permits for the following:
13
14 105.6.2 Amusement buildings $50.00
15
16 An operational permit is required to operate a
17 special amusement building.
18
19 105.6.5 Battery systems $50.00
20
21 A permit is required to install stationary lead-acid
22 battery systems having a liquid capacity of more
23 than 50 gallons (189 L).
24
25 105.6.7 Combustible dust-producing operations $50.00
26
27 An operational permit is required to operate a
28 grain elevator, flour starch mill, feed mill, or a
29 plant pulverizing aluminum, coal, cocoa,
30 magnesium, spices or sugar, or other operations
31 producing combustible dusts as defined in
32 Chapter 2.
33
34 105.6.8 Combustible fibers $50.00
35
36 An operational permit is required for the storage
37 and handling of combustible fibers in quantities
38 greater than 100 cubic feet (2.8 m3).
39 Exception: A permit is not required for agricultural
40 storage.
41
42 105.6.9 Compressed gases $50.00
43
44 An operational permit is required for the storage,
45 use or handling at normal temperature and
46 pressure (NTP) of compressed gases in excess
47 of the amounts listed in Table 105.6.9.
Ordinance No. (3'24 X5
Page 15
1 Exception: Vehicles equipped for and using
2 compressed gas as a fuel for propelling the
3 vehicle.
4
5 TABLE 105.6.9
6
7 PERMIT AMOUNTS FOR COMPRESSED GASES
8
AMOUNT
TYPE OF GAS (Cubic feet at NTP)
Corrosive 200
Flammable (except cryogenic fluids and liquefied
petroleum gases 200
Highly toxic Any Amount
Inert and simple asphyxiant 6,000
Oxidizing (including oxygen) 504
Toxic Any Amount
9 For SI: 1 cubic foot= 0.02832 m3.
10
11 105.6.10 Covered mall buildings $50.00
12
13 An operational permit is required for:
14
15 1. The placement of highly combustible goods and similar items in the mall.
16
17 2. The display of liquid- or gas-fired equipment in the mall.
18
19 3. The use of open-flame or flame-producing equipment in the mall.
20
21 105.6.11 Cryogenic fluids $50.00
22
23 An operational permit is required to produce, store,
24 transport on site, use,handle or dispense cryogenic
25 fluids in excess of the amounts listed in Table 105.6.11.
26
27 Exception: Permits are not required for vehicles
28 equipped for and using cryogenic fluids as a fuel for
29 propelling the vehicle or for refrigerating the lading.
Ordinance No. 3 �
Page 16
1 TABLE 105.6.11
2 PERMIT AMOUNTS FOR CRYOGENIC FLUIDS
3
INSIDE OUTSIDE
BUILDING BUILDING
TYPE OF CRYOGENIC FLUID (gallons) (gallons)
Flammable More than 1 60
Inert 60 500
Oxidizing (includes oxygen) 10 50
Physical or health hazard not indicated above Any Amount Any Amount
4 For SI: 1 gallon=3.785 L.
5
6 105.6.12 Cutting and welding $50.00
7
8 An operational permit is required to conduct
9 Cutting or welding operations within the jurisdiction.
10
11 105.6.13 Dry cleaning plants $50.00
12
13 An operational permit is required to engage in the
14 business of dry cleaning or to change to a more
15 hazardous cleaning solvent used in existing dry
16 cleaning equipment
17
18 105.6.15 Explosives $50.00
19
20 An operational permit is required for the manufacture,
21 Storage, handling, sale or use of any quantity of
22 explosives, explosive material, fireworks, or
23 Pyrotechnic special effects within the scope of
24 Chapter 33.
25
26 1. Fireworks display and storage $50.00
27 (per event fee)
28
29 105.6.16 Flameproofing (annual fee) $50.00
30
31 105.6.17 Flammable and combustible liquids $50.00
32
33 An operational permit is required:
34
35 1. To store,handle or use Class I liquids
36 in excess of 5 gallons (19 L) in a building
Ordinance No. C3VL-
Page 17
1 or in excess of 10 gallons (37.9 L) outside
2 of a building, except that a permit is not
3 required for the following:
4
5 1.1. The storage or use of Class I liquids
6 in the fuel tank of a motor vehicle,
7 aircraft, motorboat, mobile power
8 plant, or mobile heating plant, unless
9 such storage, in the opinion of the code
10 official, would cause an unsafe condition.
11
12 1.2. The storage or use of paints, oils,
13 varnishes or similar flammable
14 mixtures when such liquids are
15 stored for maintenance, painting or
16 similar purposes for a period of not
17 more than 30 days.
18
19 2. To store, handle or use Class II or Class IIIA
20 liquids in excess of 25 gallons (95 L) in a
21 building, or in excess of 60 gallons (227 L)
22 outside a building, except for fuel oil used in
23 connection with oil-burning equipment.
24
25 3. To manufacture,process, blend or refine
26 flammable or combustible liquids.
27
28 105.6.18 Floor finishing $50.00
29
30 An operational permit is required for floor
31 finishing or surfacing operations exceeding
32 350 square feet(33 m2) using Class I or
33 Class II liquids.
34
35 105.6.20 Fumigation and thermal insecticidal fogging $50.00
36
37 An operational permit is required to operate a
38 a business of fumigation or thermal insecticidal
39 fogging and to maintain a room, vault or chamber
40 In which a toxic or flammable fumigant is used.
41
42 105.6.21 Hazardous materials $50.00
43
44 An operational permit is required to store, transport
45 on site, dispense, use or handle hazardous
46 materials in excess of the amounts listed in
47 Table 105.6.21.
Ordinance No. c3�Z)1(5 3
Page 18
1 TABLE 105.6.21
2 PERMIT AMOUNTS FOR HAZARDOUS MATERIALS
TYPE OF MATERIAL AMOUNT
Combustible liquids See Section 105.6.17
Corrosive materials
Gases See Section 105.6.9
Liquids 55 gallons
Solids 1000 pounds
Explosive materials See Section 105.6.15
Flammable materials
Gases See Section 105.6.9
Liquids See Section 105.6.17
Solids 100 pounds
Highly toxic materials
Gases See Section 105.6.9
Liquids Any Amount
Solids Any Amount
Oxidizing materials
Gases See Section 105.6.9
Liquids
Class 4 Any Amount
Class 3 1 gallon
Class 2 10 gallons
Class 1 55 gallons
Solids
Class 4 Any Amount
Class 3 10 pounds
Class 2 100 pounds
Class 1 500 pounds
Organic peroxides
Liquids
Class I Any Amount
Class II Any Amount
Class III 1 gallon
Class IV 2 gallons
Class V No Permit Required
Solids
Class I Any Amount
Class II Any Amount
Class III 10 pounds
Class IV 20 pounds
Ordinance No. C3 5'6
Page 19
Class V No Permit Required
Pyrophoric materials
Gases See Section 105.6.9
Liquids Any Amount
Solids Any Amount
Toxic materials
Gases See Section 105.6.9
Liquids 10 gallons
Solids 100 pounds
Unstable (reactive)materials
Liquids
Class 4 Any Amount
Class 3 Any Amount
Class 2 5 gallons
Class 1 10 gallons
Solids
Class 4 Any Amount
Class 3 Any Amount
Class 2 50 pounds
Class 1 100 pounds
Water-reactive Materials
Liquids
Class 3 Any Amount
Class 2 5 gallons
Class 1 55 gallons
Solids
Class 3 Any Amount
Class 2 50 pounds
Class 1 500 pounds
For SI: 1 gallon= 3.785 L, 1 pound= 0.454kg.
1
2 105.6.22 HPM facilities $50.00
3
4 An operational permit is required to store,handle or
5 use hazardous production materials.
6
7 105.6.23 High-piled storage $50.00
8
9 An operational permit is required to use a building
10 or portion thereof as a high-piled storage area
11 exceeding 500 square feet (46 m2).
Ordinance No. c32 5
Page 20
•
1 105.6.24 Hot work operations $50.00
2
3 An operational permit is required for hot work
4 including,but not limited to:
5
6 1. Public exhibitions and demonstrations
7 where hot work is conducted.
8
9 2. Use of portable hot work equipment inside
10 a structure.
11
12 3. Fixed-site hot work equipment such as
13 welding booths.
14
15 4. Hot work conducted within a hazardous
16 fire area.
17
18 5. Application of roof coverings with the use of
19 an open-flame device.
20
21 6. When approved, the fire code official shall
22 issue a permit to carry out a Hot Work Program.
23 This program allows approved personnel to
24 regulate their facility's hot work operations.
25 The approved personnel shall be trained in the
26 fire safety aspects denoted in this chapter and
27 shall be responsible for issuing permits requiring
28 compliance with the requirements found in
29 Chapter 26. These permits shall be issued only
30 to their employees or hot work operations under
31 their supervision.
32
33 105.6.26 Lumber yards and woodworking plants $50.00
34
35 An operational permit is required for the storage
36 or processing of lumber exceeding 100,000
37 board feet (8,333 ft3) (236 m3).
38
39 105.6.27 Liquid- or gas-fueled vehicles or equipment in
40 assembly buildings $50.00
41
42 An operational permit is required to display,
43 operate or demonstrate liquid- or gas-fueled
44 vehicles or equipment in assembly buildings.
Ordinance No. C306 '
Page 21
•
1 105.6.28 LP-gas $50.00
2
3 An operational permit is required for storage
4 and use of LP-gas.
5
6 Exception: A permit is not required
7 for individual containers with a
8 500-gallon(1893 L)water capacity
9 or less serving occupancies in Group
10 R-3.
11
12 105.6.29 Magnesium $50.00
13
14 An operational permit is required to melt, cast,
15 heat treat or grind more than 10 pounds
16 (4.54 kg) of magnesium.
17
18 105.6.30 Miscellaneous combustible storage $50.00
19
20 An operational permit is required to store in any
21 building or upon any premises in excess of 2,500
22 cubic feet(71 m3) gross volume of combustible
23 empty packing cases, boxes, barrels or similar
24 containers, rubber tires, rubber, cork or similar
25 combustible material.
26
27 105.6.31 Mobile Home Parks $75.00
28
29 105.6.32 Open burning $10.00
30
31 An operational permit is required for the kindling
32 or maintaining of an open fire or a fire on any
33 public street, alley, road, or other public or private
34 ground. Instructions and stipulations of the
35 permit shall be adhered to.
36
37 105.6.33 Open flames and torches $50.00
38
39 An operational permit is required to remove paint
40 with a torch; or to use a torch or open-flame
41 device in a hazardous fire area.
42
43 105.6.34 Organic coatings $50.00
44
45 An operational permit is required for any organic-
46 coating manufacturing operation producing more
47 than 1 gallon(4 L) of an organic coating in one day.
Ordinance No. C3 225<
Page 22
1 105.6.35 Places of assembly.
2
3 An annual inspection is required to operate a place
4 of assembly:
5 0-100 people $50.00
6 101 or more people $75.00
7
8 105.6.36 Portable fire extinguishers and range hood $50.00
9 systems/servicing and recharging
10
11 105.6.37 Pyrotechnic special effects material $50.00
12
13 An operational permit is required for use and
14 handling of pyrotechnic special effects material.
15
16 105.6.40 Repair garages $50.00
17
18 An operational permit is required for operation of
19 repair garages.
20
21 105.6.42 Spraying or dipping $50.00
22
23 An operational permit is required to conduct a
24 spraying or dipping operation utilizing flammable
25 or combustible liquids or the application of
26 combustible powders regulated by Chapter 15.
27
28 105.6.43 Storage of scrap tires and tire byproducts $50.00
29
30 An operational permit is required to establish,
31 conduct or maintain storage of scrap tires and tire
32 byproducts.
33
34 105.6.45 Tire-rebuilding plants $50.00
35
36 An operational permit is required for the operation
37 and maintenance of a tire-rebuilding plant.
38
39 105.6.46 Waste handling $50.00
40
41 An operational permit is required for the operation
42 of wrecking yards,junk yards and waste material-
43 handling facilities.
Ordinance No. 325:j
Page 23
1 105.7 Required construction permits,plans review fees, and inspection fees.
2
3 The fire code official is authorized to issue construction permits, plan review fees, and
4 inspection fees for the following:
5
6 105.7.3 Fire alarm and detection systems and related equipment.
7
8 1. Fire Alarm Plans (approval of same based on the cost of the material
9 only)
10
11 a.) $1.00 - $5,000.00 $30.00
12 b.) $5,001 - $10,000.00 $40.00
13 c.) $10,001 or more $50.00
14
15 2. Fire Alarm Systems (witness testing) $35.00 per hour
16
17 105.7.5 Flammable and Combustible Liquid $50.00 each
18
19 A construction permit is required to install, alter,remove, abandon or
20 otherwise dispose of a flammable or combustible liquid tank.
21
22 a.) Abandonment or removal of underground tanks $50.00 per tank
23 b.) Installation of underground tanks $50.00 per tank
24 (1) Piping only $50.00
25 c.) Installation of aboveground tanks $50.00 per tank
26 (1) Class I and II piping only $50.00
27
28 105.7.11 Standpipe systems (testing) $50.00 per standpipe tested
29
30 105.7.12 General Construction Plans Review.
31 Fee based on percentage of the project value,
32 but not to exceed $200.00 5 cents per$100 valuation
33 minimum $15.00
34 maximum $200.00
35
36 105.7.13 Day care and Child care facilities inspection fee.
37 (Includes Adult Day Services)
38 1. 1-8 clients $40.00
39 2. 9-12 clients $50.00
40 3. 13 or more clients $60.00
41 4. Any reinspection $40.00
42
43 105.7.14 Foster care homes $20.00
44 1. Reinspection $20.00
Ordinance No. (5 21.5-1 j
Page 24
•
1 105.7.15 Healthcare inspection fee.
2
3 Residential Board and Care, Assisted Living, Developmentally
4 Disabled, Mental Health, Substance Abuse Treatment Center,
5 and Health Clinic, as described in the Healthcare Facilities
6 Licensure Act
7
8 1. Initial inspection $50.00 for up to 50 beds
9 $100.00 for 51 to 100 beds
10 $150.00 for 101 or more beds
11 2. Each reinspection $50.00 up to 1 hour
12 $25.00 for each additional %2 hour
13 (not to exceed$150.00)
14
15 105.7.16 Hospital inspection fee
16
17 1. Initial inspection $50.00 for up to 50 beds
18 $100.00 for 51 to 100 beds
19 $150.00 for 101 or more beds
20
21 2. Each reinspection $50.00 up to 1 hour
22 $25.00 for each additional %2 hour
23 (not to exceed$150.00)
24
25 105.7.17 Liquor License Permit.
26
27 Fees are scaled on the class of license being issued:
28
29 1. Off premises consumption only $50.00
30 2. All other $75.00
31 3. Reinspection of either $50.00
32
33 Division 6. Inspections
34
35 106.1 Inspection authority.
36
37 The fire code official is authorized to enter and examine any building, structure, marine
38 vessel, vehicle, air craft or premises in accordance with Section 104.3 for the purpose of
39 enforcing this code.
40
41 106.2 Inspections.
42
43 The fire code official is authorized to conduct such inspections as are deemed necessary
44 to determine the extent of compliance with the provisions of this code and to approve
45 reports of inspection by approved agencies or individuals. All reports of such inspections
46 shall be prepared and submitted in writing for review and approval. Inspection reports
47 shall be certified by a responsible officer of such approved agency or by the responsible
Ordinance No. (59 5-,_5'
Page 25
1 individual. The fire code official is authorized to engage such expert opinion as deemed
2 necessary to report upon unusual, detailed or complex technical issues subject to the
3 approval of the governing body.
4
5 106.3 Concealed work.
6
7 Whenever any installation subject to inspection prior to use is covered or concealed
8 without having first been inspected, the fire code official shall have the authority to
9 require that such work be exposed for inspection.
10
11 Division 7. Maintenance
12
13 107.1 Maintenance of safeguards.
14
15 Whenever or wherever any device, equipment, system, condition, arrangement, level of
16 protection, or any other feature is required for compliance with the provisions of this
17 code, or otherwise installed, such device, equipment, system, condition, arrangement,
18 level of protection, or other feature shall thereafter be continuously maintained in
19 accordance with this code and applicable referenced standards.
20
21 107.2 Testing and operation.
22
23 Equipment requiring periodic testing or operation to ensure maintenance shall be tested
24 or operated as specified in this code.
25
26 107.2.1 Test and inspection records.
27
28 Required test and inspection records shall be available to the fire code official at
29 all times or such records as the fire code official designates shall be filed with the
30 fire code official.
31
32 107.2.2 Reinspection and testing.
33
34 Where any work or installation does not pass an initial test or inspection, the
35 necessary corrections shall be made so as to achieve compliance with this code.
36 The work or installation shall then be resubmitted to the fire code official for
37 inspection and testing.
38
39 107.3 Supervision.
40
41 Maintenance and testing shall be under the supervision of a responsible person who shall
42 ensure that such maintenance and testing are conducted at specified intervals in
43 accordance with this code.
Ordinance No. c3� E
Page 26
1 107.4 Rendering equipment inoperable.
2
3 Portable or fixed fire-extinguishing systems or devices and fire-warning systems shall not
4 be rendered inoperative or inaccessible except as necessary during emergencies,
5 maintenance, repairs, alterations, drills or prescribed testing.
6
7 107.5 Owner/occupant responsibility.
8
9 Correction and abatement of violations of this code shall be the responsibility of the
10 owner. If an occupant creates, or allows to be created, hazardous conditions in violation
11 of this code, the occupant shall also be held responsible for the abatement of such
12 hazardous conditions.
13
14 107.6 Overcrowding.
15
16 Overcrowding or admittance of any person beyond the approved capacity of a building or
17 a portion thereof shall not be allowed. The fire code official, upon finding any
18 overcrowding conditions or obstructions in aisles, passageways or other means of egress,
19 or upon finding any condition which constitutes a life safety hazard, shall be authorized
20 to cause the event to be stopped until such condition or obstruction is corrected.
21
22 Division 8. Board of Appeals
23
24 108.1 Appeals.
25
26 In order to hear and decide appeals of orders, decisions or determinations made by the
27 fire code official relative to the application and interpretation of this code, there shall be a
28 Building Board of Review, as provided for elsewhere by the Omaha Municipal Code.
29 The board shall hear all such appeals and render all decisions and findings in writing to
30 the appellant with a duplicate copy to the fire code official.
31
32 108.2 Limitations of authority.
33
34 An application for appeal shall be based on a claim that the intent of this code or the rules
35 legally adopted hereunder have been incorrectly interpreted, the provisions of this code
36 do no fully apply, or an equivalent method of protection or safety is proposed. The board
37 shall have no authority to waive requirements of this code.
38
39 108.3 Qualifications.
40
41 The board composition and qualifications shall be in accordance with the Omaha
42 Municipal Code, Chapter 43.
Ordinance No.
Page 27
1 Division 9. Violations
2
3 109.1 Unlawful acts.
4
5 It shall be unlawful for a person, firm or corporation to erect, construct, alter, repair,
6 remove, demolish or utilize a building, occupancy, premises or system regulated by this
7 code, or cause same to be done, in conflict with or in violation of any of the provisions of
8 this code.
9
10 109.2 Notice of violation.
11
12 When the fire code official finds a building, premises, vehicle, storage facility or outdoor
13 area that is in violation of this code, the fire code official is authorized to prepare a
14 written notice of violation describing the conditions deemed unsafe and, when
15 compliance is not immediate, specifying a time for reinspection.
16
17 109.2.1. Service.
18
19 A notice of violation issued pursuant to this code shall be served upon the owner,
20 operator, occupant, or other person responsible for the condition or violation, either by
21 personal service, mail, or by delivering the same to, and leaving it with, some person of
22 responsibility upon the premises. For unattended or abandoned locations, a copy of such
23 notice of violation shall be posted on the premises in a conspicuous place at or near a
24 primary entrance to such premises and the notice of violation shall be mailed by certified
25 mail with return receipt requested or a certificate of mailing, to the last known tax record
26 address of the owner, occupant or both.
27
28 109.2.2. Compliance with orders and notices.
29
30 A notice of violation issued or served as provided by this code shall be complied with by
31 the owner, operator, occupant or other person responsible for the condition or violation to
32 which the notice of violation pertains.
33
34 109.2.3 Prosecution of violations.
35
36 If the notice of violation is not complied with promptly, the fire code official is
37 authorized to request the legal counsel of the jurisdiction to institute the appropriate legal
38 proceedings at law or in equity to restrain, correct or abate such violation or to require
39 removal or termination of the unlawful occupancy of the structure in violation of the
40 provisions of this code or of the order or direction made pursuant hereto.
41
42 109.2.4 Unauthorized tampering.
43
44 Signs, tags or seals posted or affixed by the fire code official shall not be mutilated,
45 destroyed or tampered with or removed without authorization from the fire code official.
Ordinance No. 3� <
Page 28
1 109.3 Violation penalties.
2
3 Persons who shall violate a provision of this code or shall fail to comply with any of the
4 requirements thereof or who shall erect, install, alter, repair or do work in violation of the
5 approved construction documents or directive of the fire code official, or of a permit or
6 certificate used under provisions of this code, shall be guilty of a misdemeanor,
7 punishable by a fine or by imprisonment or both, as provided for in Section 1-10 in the
8 Omaha Municipal Code. Each day that a violation continues after due notice has been
9 served shall be deemed a separate offense.
10
11 109.3.1 Abatement of violation.
12
13 In addition to the imposition of the penalties herein described, the fire code official is
14 authorized to institute appropriate action to prevent unlawful construction or to restrain,
15 correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or
16 to stop an illegal act, conduct of business or occupancy of a structure on or about any
17 premises.
18
19 Division 10. Unsafe Buildings
20
21 110.1 General.
22
23 If during the inspection of a premises, a building or structure or any building system, in
24 whole or in part, constitutes a clear and inimical threat to human life, safety or health, the
25 fire code official shall issue such notice or orders to remove or remedy the conditions as
26 shall be deemed necessary in accordance with this Section and shall refer the building to
27 the building department for any repairs, alterations, remodeling, removing or demolition
28 required.
29
30 110.1.1 Unsafe conditions.
31
32 Structures or existing equipment that are or hereafter become unsafe or deficient because
33 of inadequate means of egress or which constitute a fire hazard, or are otherwise
34 dangerous to human life or the public welfare, or which involve illegal or improper
35 occupancy or inadequate maintenance, shall be deemed an unsafe condition. A vacant
36 structure which is not secured against unauthorized entry as required by Section 311 shall
37 be deemed unsafe.
38
39 110.1.2 Structural hazards.
40
41 When an apparent structural hazard is caused by the faulty installation, operation or
42 malfunction of any of the items or devices governed by this code, the fire code official
43 shall immediately notify the building code official in accordance with Section 110.1
Ordinance No. /9�(<
Page 29
1 110.2 Evacuation.
2
3 The fire code official or the fire department official in charge of an incident shall be
4 authorized to order the immediate evacuation of any occupied building deemed unsafe
5 when such building has hazardous conditions that present imminent danger to building
6 occupants. Persons so notified shall immediately leave the structure or premises and
7 shall not enter or re-enter until authorized to do so by the fire code official or the fire
8 department official in charge of the incident.
9
10 110.3 Summary abatement.
11
12 When conditions exist that are deemed hazardous to life and property, the fire code
13 official or fire depai liuent official in charge of the incident is authorized to abate
14 summarily such hazardous conditions that are in violation of this code.
15
16 110.4 Abatement.
17
18 The owner, operator, or occupant of a building or premises deemed unsafe by the fire
19 code official shall abate or cause to be abated or corrected such unsafe conditions either
20 by repair, rehabilitation, demolition or other approved corrective action.
21
22 Division 11. Stop Work Order
23
24 111.1 Order.
25
26 Whenever the fire code official finds any work regulated by this code being performed in
27 a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the
28 fire code official is authorized to issue a stop work order.
29
30 111.2 Issuance.
31
32 A stop work order shall be in writing and shall be given to the owner of the property, or
33 to the owner's agent, or to the person doing the work. Upon issuance of a stop work
34 order, the cited work shall immediately cease. The stop work order shall state the reason
35 for the order, and the conditions under which the cited work is authorized to resume.
36
37 111.3 Emergencies.
38
39 Where an emergency exists, the fire code official shall not be required to give a written
40 notice prior to stopping the work.
41
42 111.4 Failure to comply.
43
44 Any person who shall continue any work after having been served with a stop work
45 order, except such work as that person is directed to perform to remove a violation or
46 unsafe condition, shall be liable to a fine as provided for in Section 1-10 of the Omaha
47 Municipal Code.
Ordinance No. � ,
Page 30
1 Sec. 46-4 Specific Amendments
2
3 The following amendments are made to the following portions of The International Fire
4 Code, 2003 edition:
5
6 Section 301.2—Delete"306, 308.3, & 315."
7
8 Section 307.2—Add to first sentence "or a recreational fire."
9
10 Section 308.3 — Delete and renumber "308.3.1" to "308.3" and "308.3.1.1." to
11 "308.3.1"
12
13 Section 315.1 —Delete 2"a sentence.
14
15 Section 501.2—Delete.
16
17 Section 501.3 —Delete and insert:
18
19 "Construction documents. Construction documents for proposed fire apparatus
20 access and location of fire lanes shall be submitted to the fire department for
21 review and approval prior to construction."
22
23 Section 503.2.1 Dimensions. - Change"20 feet"to "24 feet"
24
25 Section 503.2.7 Grade. - Delete and insert:
26
27 "The grade of the fire apparatus access road shall be a maximum of 10%."
28 NEW SECTION 503.2.8 Appendix D may be used as an alternative option.
29
30 Section 503.3 Marking. - Delete and insert:
31
32 "Where required by the fire code official, signs shall be posted at each fire
33 apparatus access road to identify such roads and prohibit the obstruction thereof.
34 Signs shall read: "Fire Lane — No Parking Anytime — Omaha Municipal Code."
35 All signs shall have a white reflective background with red letters, and shall be
36 maintained in a clean and legible condition at all times. If there is a curb along
37 the fire lane, the curb shall be painted red or yellow."
38
39 Section 508.5.1 —Change"400 feet"to "600 feet" and delete both exceptions.
40
41 Section 508.5.3 (1)—Delete and insert:
42
43 "Private fire hydrants (all types) shall be served by a minimum of a 6 inch main,
44 and shall be certified by the Metropolitan Utilities District."
Ordinance No. 3"76
Page 31
•
1 Section 508.5.6 Physical Protection—Delete and insert:
2 "Where private fire hydrants are subject to impact by a motor vehicle, guard posts
3 or other approved means shall comply with Section 312."
4
5 Section 601.2 Permits. Delete"refrigeration systems and."
6
7 Section 610.1 General. Insert"and NFPA 96"
8
9 Section 903.2.11 During Construction. Change "Section 1413" to "Section
10 1414."
11
12 Section 907.20 Inspection, Testing and maintenance. Change "Chapter 7" to
13 "Chapter 10."
14
15 Section 907.20.2 Testing. Change: "Chapter 7"to "Chapter 10."
16
17 Section 1101.3 Permits. —delete"aircraft refueling vehicles,"
18
19 Section 1601.2 Permits. —delete
20
21 Section 2101.2 Permits. —delete
22
23 Section 2301.1 Scope — (4) change reference from "NFPA 231C" to "NFPA
24 230."
25
26 Section 2304.2 Designation based on engineering analysis. — change reference in
27 3rd sentence from"NFPA 231 and NFPA 231C"to "NFPA13."
28
29 Section 2307.2 Fire Protection. — change reference from "NFPA 231" to "NFPA
30 13."
31
32 Section 2307.2.1 Shelf Storage. —change reference from "NFPA 231" to "NFPA
33 230 and NFPA 13."
34
35 Section 2308.2 Fire Protection. — change reference from "NFPA 231C" to
36 "NFPA 13."
37
38 Section 2308.2.2 Racks with Solid Shelving. Exception 2. — change Reference
39 from"NFPA 231C"to "NFPA 230."
40
41 Section 2308.2.2.1 Fire Protection. — change reference from "NFPA 231C" to
42 "NFPA 13."
43
44 Section 2308.4 Column Protection. — change reference from "NFPA 231C" to
45 "NFPA 13."
Ordinance No. (3 �
Page 32
1 Section 2310.1 General. —change reference from"NFPA 231C"to "NFPA 13."
2
3 Section 2403.2 Approval required. — Delete the phrase "first obtaining a permit
4 and"
5
6 Section 2403.4 Permits. —Delete
7
8 Section 2403.7 Inspections. —Delete the words "permit" and"permittee."
9
10 Section 2403.7 Exception. —Delete"permit."
11
12 Section 2501.1 Scope. —change reference from"NFPA 231D"to "NFPA 230."
13
14 Section 2505.1 Individual piles. — Add new 1st sentence — "These regulations
15 shall apply to outdoor storage of tires where fifty (50) or more tires are stored."
16 Change "5,000 square feet (464.5 M2)" to 2,500 square feet (232.3 M2)" and
17 change "50,000 cubic feet (1416 M3)" to "25,000 cubic feet (707.92 M3)." Add
18 —"A maximum of two tire piles may be established on a single site."
19
20 Section 2505.6—Delete
21
22 Section 2505.8 Add as a new Section to read as follows: "Bond. As a condition
23 of the issuance or continuation of any permit authorizing the outdoor storage of
24 tires, the applicant or permittee shall file with the city clerk a bond in favor of the
25 City, with good and sufficient surety, in the amount of$20,000. This bond shall
26 be conditioned that the applicant or permittee, as principal, shall faithfully
27 perform all of the requirements imposed upon the outdoor tire storage operation
28 by federal, state, and local law; and shall perform such cleanup, moving, or
29 removal of tires as is required by federal, state, or local law. This Section shall
30 apply immediately to all applications or renewal requests submitted after the
31 effective date of this Section.
32
33 Holders of permits as of the effective date of this Section shall file the required
34 bond within 90 days of the effective date of this Section.
35
36 Once every two years after the effective date of this Section, the City shall inspect
37 all sites licensed under this Section. If such an inspection finds that the fair and
38 reasonable cost to lawfully remove and dispose of all tires stored on the site
39 exceeds $20,000, then the amount of the required bond for that site shall be
40 immediately increased to equal that cost. In such case, the license holder shall be
41 so notified, and shall provide the required bond within thirty (30) days. Nothing
42 in this Section shall be construed to permit the storage of a volume of tires in
43 excess of that which is otherwise allowed by law."
44
45 Section 2507.1 —Delete and insert "Where required. A firmly anchored fence or
46 other approved method of security that controls unauthorized access to the storage
47 yard shall surround the storage yard."
Ordinance No. 51
Page 33
1 Section 2507.2 Construction. — change "6 feet (1829mm) high" to 10 feet
2 (2048mm) high."
3
4 Section 2604.2.1 When required. —change "30 minutes"to "2 hours" and change
5 "extend"to "modify."
6
7 Section 2607.1 Calcium Carbide Storage. — change "Chapter 7 of NFPA 51" to
8 Chapter 9 of NFPA 51."
9
10 Section 2609.1 General. — change "Chapter 3 of NPFA 51" to Chapter 5 of
11 NFPA 51."
12
13 Section 2801.2 Permit Required. —Delete
14
15 Section 3301.1.3 Fireworks. —Delete Exception 4.
16
17 Section 3308.11 Retail Display and Sale. —Delete and insert: "Retail display and
18 sales of fireworks is prohibited."
19
20 Section 3404.3.3.9 Idle Combustible Pallets. Change reference from "NPFA
21 231"to "NFPA 230".
22
23 Section 3404.3.7.5.1 Fire Extinguishing Systems. Delete reference to "NFPA
24 231C."
25
26 Section 3404.3.8.4 Fire Extinguishing Systems. Delete reference to "NFPA
27 231C."
28
29 Section 4201.2 Permits. Delete.
30
31 Sec. 46-5 Reference Standards
32
33 The reference standards for this Fire Code are revised as follows:
34
35 Change - "ICCEC-03 "ICC Electrical Code" to "Electrical Code: The electrical code for
36 this jurisdiction shall be Chapter 44 of the Omaha Municipal Code and all codes adopted
37 therein."
38
39 Change - "IBC-03 International Building Code" to "Building Code: The building code
40 for this jurisdiction shall be Chapter 43 of the Omaha Municipal Code and all codes
41 adopted therein."
42
43 Delete - "IEBC-03 International Existing Building Code."
44
45 Change - "IFGC-03 International Fuel Gas Code" to "Fuel Gas Code: The fuel gas code
46 for this jurisdiction shall be NFPA 54 as adopted in Chapter 40 of the Omaha Municipal
47 Code."
Ordinance No. t j.°2 `'�.j
Page 34
•
1 Change - "IMC-03 International Mechanical Code" to "Mechanical Code: The
2 mechanical code for this jurisdiction shall be Chapter 40 of the Omaha Municipal Code."
3
4 Change - "IPC-03 International Plumbing Code" to "Plumbing Code: The plumbing code
5 for this jurisdiction shall be Chapter 49 of the Omaha Municipal Code."
6
7 Change - "IPMC-03 International Property Maintenance Code" to "Property Maintenance
8 Code: The property maintenance code for this jurisdiction shall be Chapter 48 of the
9 Omaha Municipal Code and all codes adopted therein."
10
11 Change - "IRC-03 International Residential Code" to "International Residential Code:
12 The International Residential Code shall be as adopted by Chapter 43 of the Omaha
13 Municipal Code."
14
15 Delete - "IUWIC-03 International Urban-Wildlife Interface Code."
16 NFPA—Revise the following standards:
17
18 Change each referenced standard to the following:
19
20 10 - 2002 69 - 2002
21 11 - 2002 73 - 2002
22 13 - 2002 99 - 2002
23 13D - 2002 110 - 2002
24 13R- 2002 211 - 2003
25 14 - 2003 230 - 2003
26 15 - 2001 231 -Delete
27 16 - 2003 231C - Delete
28 17 - 2002 231D -Delete
29 17A- 2002 265 - 2002
30 22 - 2003 407 - 2001
31 24 - 2002 430 - 2000
32 25 - 2002 505 - 2002
33 30B - 2002 664 - 2002
34 51 - 2002 704 - 2001
35 52 - 2002 750 - 2003
36 57 - 2002 1124 - 2003
37
38 Sec. 46-6 Geographic limits
39
40 That the geographic limits referred to in certain Sections of the 2003 International Fire
41 Code are hereby established for this Fire Code as follows:
42
43 Section 3204.3.1.1 —Delete
44
45 Section 3404.2.9.5.1 — Geographic limits in which the Storage of Class I and Class II
46 liquids in above-ground tanks outside of buildings is prohibited:
Ordinance No. 3.2 5'3
Page 35
•
1 (1) There shall be no storage of Class I liquids in vessels defined as tanks (60
2 gallons or more), or Class II liquids in amounts of 600 gallons or more, unless a
3 flammable or combustible liquid fire district is established, which requires filing
4 an application with the chief of the fire prevention bureau (fire marshal) and
5 receiving approval from the fire chief, the chief of the fire prevention bureau, the
6 planning department, and the city council. Proximity to heavily populated and
7 congested commercial areas will be considered with each application for a
8 district.
9
10 (2) There shall be no storage of flammable or combustible liquids in above-
11 ground tanks without an adequate water supply as required in Section 508.
12
13 (3) There shall be no storage of flammable or combustible liquids in above-
14 ground tanks without proper fire department access as required in Section 503.
15
16 (4) There shall be no storage of Class II or IIIA combustible liquids in above-
17 ground tanks exceeding 2,000 gallons unless the tanks are protected.
18
19 Section 3406.2.4.4—Delete
20
21 Section 3804.2 — Geographic limits in which the storage of liquefied petroleum gas is
22 restricted for the protection of heavily populated or congested areas: No storage of
23 liquefied petroleum gases shall be allowed unless criteria set forth in NFPA 58 and
24 Omaha Municipal Code Chapter 40 are satisfied. Proximity to heavily populated or
25 congested commercial areas will be considered with each application for a district.
26
27 46-7 Severability
28
29 That if any Section, subSection, sentence, clause or phrase of this ordinance is, for any
30 reason, held to be unconstitutional, such decision shall not affect the validity of the
31 remaining portions of this ordinance. The City Council hereby declares that it would
32 have passed this ordinance and each Section, subSection, clause or phrase thereof,
33 irrespective of the fact that any one or more Sections, subSections, sentences, clauses and
34 phrases be declared unconstitutional.
35 46-8 Time effects
36
37 That nothing in this ordinance or in the Fire Code hereby adopted shall be construed to
38 affect any suit or proceeding impending in any court, or any rights acquired, or liability
39 incurred, or any cause or causes of action acquired or existing, under any act or ordinance
40 hereby repealed as cited in Section 2 of this ordinance; nor shall any just or legal right or
41 remedy of any character be lost, impaired or affected by this ordinance.
42
43 Section 2. That Chapter 46 of the Omaha Municipal Code, including all sections thereof,
44 as heretofore existing, is hereby repealed.
Ordinance No. 3�G�S3
Page 36
•
1 Section 3. That this Ordinance shall be in full force and take effect fifteen days from and
2 after the date of its passage.
INTRODUCED BY COUNCILMEMBER
itatOS( ?4.j4L APPROVED BY:
JUN 2 1 2005 �: M YOR OF THE CITY OF D E
PASSED ()
ATTEST:
C TCLE OF THE CITY OF OM A ATE RK
APPROVED AS TO FORM:
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CITY ATTORNEY DATE
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'NOTICE PUBLIC" THE DAILY RECORD
• ORDINANCE
NO.37055
AN ORDINANCE amend Chapter 46 OF OMAHA
c
+ entitled Fire Code, by adopting the 2003
edition of the International Fire Co e
of lie and and governing rom the safeguarding RONALD A. HENNINGSEN, Publisher
of life and property from fire and explosion
hazards; providingfor the issuance of PROOF OF PUBLICATION
permits and the collection of fees therefor;
repealing Chapter 46 of the Omaha
providing
Code as heretoforetived exhereof.
and UNITED STATES OF AMERICA,
providing for the effective date hereof.
SUMMARY:
AN ORDINANCE to amend Chapter 46 The State of Nebraska, SS.
entitled Fire Code, by adopting District of Nebraska,
edition of the' International Fire Code County of Douglas,
regulating and governing the safeguarding
of life and property from fire and explosion City of Omaha,
hazards; providing for the issuance of
permits and the collection of fees therefor;
repealing Chapter 46 of the Omaha J.BOYD
Municipal Code as heretofore existing; and
providing for the effective date hereof. being duly sworn,deposes and says that she is
PASSED: June 21,2005,7-0
APPROVED BY:MIKE FAHEY 6/23/05 LEGAL EDITOR
MAYOR OF THE of THE DAILY RECORD, of Omaha, legal newspaper,
a s a printed and
CITY OF OMAHA BUSTER BROWN, p p '
City Clerk published daily in the English language, having a bona fide paid
6-29-05 circulation in Douglas County in excess of 300 copies, printed in
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
June 29 , 2005
Th.,;rss er during that time w regularly published and
._'in A
the County of Dou Late of Nebraska.
s
INO', Subscribe my presence and sworn to before
'ubshef�r'Fee -:' l� 0 me this 2 9 th y of
ddiiip;a,,;il Copies�$+ slime
�° �llf•MO Notary Public in o 1 ty,
Stat ebrask
J
'NOTICE TO PUBLIC" THE DAILY RECORD
The following Ordinance has been set for .
a- 2:00
City Council hearing on June 14,2005, at OF OMAHA
2:00 p.m., in the Legislative Chambers,
Omaha/Douglas Civic Center, 1819 Farnam RONALD A. HENNINGSEN, Publisher
Street, at which hearing all persons
interested,may be heard. PROOF OF PUBLICATION
AN ORDINANCE to amend Chapter 46
entitled Fire Code, by adopting the 2003
edition of thed Intergoverning:
Fire Code UNITED STATES OF AMERICA,
regulating and governing'the'safeguarding
of life and property from fire and explosion I The State of Nebraska,
hazards; providing for the issuance of SS.
permits and the collection of fees therefor; District of Nebraska,
repealing Chapter 46 of the Omaha County of Douglas,
Municipal Code as heretofore existing; and
providing for the effective date hereof. City of Omaha,
BUSTER BROWN,
City Clerk
6-10-05 ' ' J.BOYD
being duly sworn,deposes and says that she is
LEGAL EDITOR
of THE DAILY RECORD, of Omaha, a legal newspaper,printed and
published daily in the English language, having a bona fide paid
circulation in Douglas County in excess of 300 copies, printed in
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
Junc 10, 2005
-,--I.
per during that time was regularly published and
• p the County of Dougl -Mate of Nebraska.
....
`� Subscribed in pre es n /anld sworn to before
4i . iC,N 14 , 0 1 th
ublisher s• :ee;7:3$ me this l ay of
A di JGuralrco_pies` `�, June 0 05
r` ' gt3 Notary Public in . 1, :- i: • y,
Sta--4n- eb as a