Town of Indian Head, MD Fire Code

The International Fire Code 2006, as adopted by § 170-21, is modified as set forth below:

In the second line of Section 101.1 on page 1, in the space labeled "[NAME OF JURISDICTION]," insert "the Town of Indian Head."

Section 102.6 and 102.4 on page 1 are revised to read as follows:

102.6 Referenced standards. The standards referenced in this code and listed in Chapter 45 shall be considered part of the requirements of this code to the prescribed extent of each such reference, except to the extent that any of such standards have been expressly modified in the Code of the Town of Indian Head. In any situation where a provision of this code conflicts with the provision of any such standard or with the provision of any other law, ordinance, code or regulation, the provision which establishes the higher standard for the promotion and protection of the public health, safety and welfare shall prevail, regardless which may have been enacted first, except that if a provision of this code conflicts with the Maryland Accessibility Code as adopted by the Maryland Department of Housing and Community Development, the Maryland Accessibility Code shall prevail.

102.4 Application of building code. The design and construction of new structures to provide egress facilities, fire protection, and built-in fire-protection equipment shall be controlled by the International Building Code 2006, and the International Residential Code for One- and Two-Family Dwellings 2006, as adopted by Chapter 170 of the Code of the Town of Indian Head. Repairs, alterations and additions to existing structures shall comply with the International Existing Building Code as adopted by the Town.

Delete in its entirety Section 103, Department of Fire Prevention, on page 2, and substitute the following:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

SECTION 103 CODE OFFICIAL
103.1 General. This code shall be administered and enforced by the Code Official. The Code Official shall be the Fire Code Official of the Town or such other persons as the Town's Town Manager may designate.

Section 105.1.1 on page 3 is revised to read as follows:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

105.1.1 Permits required. Permits required by this code shall be obtained from the Code Official after payment of such fees as may be prescribed by ordinance adopted by the Town Council from time to time. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the Code Official.

The last sentence of Section 105.2.4 on page 4 is revised to read as follows: "If the Code Official is satisfied that the proposed work or operation conforms to the requirements of this code and all laws and ordinances applicable thereto, the Code Official shall authorize the issuance of a permit for such work."

The first sentence of Section 105.3.4 on page 4 is revised to read as follows: "Where use and occupancy permits are required and upon request of a permit applicant, the Code Official may authorize the issuance of a conditional permit to occupy the premises or portion thereof before the entire work or operations on the premises are completed, provided that such portion or portions will be occupied safely prior to full completion or installation of equipment and operations without endangering person, property or public welfare."

The first sentence of Section 105.3.7 on page 5 is revised to read as follows: "All permits required by this code shall be issued on approved forms furnished for that purpose."

Section 105.6 on page 5 is revised to read as follows:

105.6 Required operational permits. The Code Official may authorize the issuance of operational permits for the operations set forth in Sections 105.6.1 through 105.6.46.

Section 105.7 on page 9 is revised to read as follows:

105.7 Required construction permits. The Code Official may authorize the issuance of construction permits for work as set forth in Sections 105.7.1 through 105.7.13.

Sections 108.1 and 108.3 on page 10 are deleted, and new Section 108.1 is substituted to read as follows:

108.1 Board of Appeals. The Board of Appeals provided for in Chapter 19, Article II, of the Code of the Town of Indian Head may hear appeals of orders, decisions or determinations made by this code. All appeals filed pursuant to this Section 108 shall be governed by the provisions of Chapter 19, Article II, of such Code and by any rules of procedure adopted by the Board of Appeals pursuant to Chapter 19, Article II.

Section 109.2.3 on page 11 is revised to read as follows:

109.2.3 Failure to correct violation. If the notice of violation is not complied with within the time specified in the notice, the Code Official, with the approval of the Town's Town Manager, may request the Town Attorney to initiate appropriate civil proceedings to restrain, correct or abate such violation or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto.

Section 109.3 on page 12 is revised to read as follows:

109.3 Violations and penalties.
1.	Knowing and intentional violations of this code, and of any orders issued pursuant to this code, are declared to be misdemeanors. Any person who knowingly and willfully violates any provision of this code shall, upon conviction, be subject to a penalty as set forth in Chapter 1, Article II, and particularly § 1-5, of the Code of the Town of Indian Head (1990).
2.	Except as provided in Paragraph 1 above, violations of this code, and of any orders issued pursuant to this code, are declared to be municipal infractions and shall be subject to the penalties and procedures as provided in Chapter 1, Article II, and particularly § 1-6, of the Code of the Town of Indian Head (as amended).

The definition of "Fire Code Official" as contained in Section 202 on page 15 is revised to read as follows:

FIRE CODE OFFICIAL. The Chief of the Indian Head Volunteer Fire Department or State Fire Marshal, or such other person as the Town's Town Manager may designate. The Fire Code Official also is referred to in this code as the "Code Official."

Add new Section 1029 on page 141 to read as follows:

SECTION 1029 INFORMATION SIGNS
1029.1 General. A sign shall be provided at each floor landing in all interior stairways more than three stories above grade, designating the floor level above the floor of discharge. All elevator lobby call stations on all floor levels shall be marked with approved signs in accordance with the requirements for new buildings in the Town Building Code. In addition to any such requirements in the Town Building Code, all elevator lobby call stations on all floor levels shall be marked with approved signs reading as follows: "Use stairways in case of fire — do not use elevators." This latter requirement shall apply to all existing and newly constructed buildings. Exception: The emergency sign shall not be required for elevators that are part of an accessible means of egress complying with the Town Building Code.

SECTION 1029

INFORMATION SIGNS

1029.1 General. A sign shall be provided at each floor landing in all interior stairways more than three stories above grade, designating the floor level above the floor of discharge. All elevator lobby call stations on all floor levels shall be marked with approved signs in accordance with the requirements for new buildings in the Town Building Code. In addition to any such requirements in the Town Building Code, all elevator lobby call stations on all floor levels shall be marked with approved signs reading as follows: "Use stairways in case of fire — do not use elevators." This latter requirement shall apply to all existing and newly constructed buildings. Exception: The emergency sign shall not be required for elevators that are part of an accessible means of egress complying with the Town Building Code.

Chapters 27 through 44 are deleted in their entirety.

New Chapter 46, Miscellaneous Provisions, is added after Chapter 45, to read as follows:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

CHAPTER 46 MISCELLANEOUS PROVISIONS SECTION 4600 GENERAL
4600.1 Restricted locations (storage).
	4600.1.1 Class 1 liquids. The storage of Class 1 liquids in aboveground tanks outside of buildings is prohibited within the entire corporate limits of the Town of Indian Head, except that this prohibition shall not apply to Class 1 liquids in aboveground tanks for the sole purpose of private storage of heating fuel for private residences.
	4600.1.2 Bulk plants. No new bulk plants shall be constructed within the entire corporate limits of the Town of Indian Head.
4600.2 Vehicle routing. Vehicles transporting hazardous chemicals shall be routed to avoid congested traffic and densely populated areas. Such vehicles transporting hazardous chemicals shall use Indian Head Highway or such other routes as shall be established from time to time by the Code Official.
4600.3 Location of containers. Bulk storage of liquefied petroleum gas is hereby prohibited within the entire corporate limits of the Town of Indian Head. This provision shall not apply to existing lawful storage.
4600.4 Fire lanes.
	4600.4.1 Establishment of fire lanes. The Town's Town Manager shall establish and cause to be marked fire lanes, from time to time, as he deems necessary, upon recommendation by the Code Official and the Chief of the Indian Head Volunteer Fire Department.
	4600.4.2 Obstruction of fire lanes. Any snow, debris, construction material or other matter which is placed in such a manner as to obstruct or interfere with the connection of a hose to a fire hydrant shall be deemed placed in violation of this section. Any vehicle, on private property or otherwise, which is parked in such a manner as to obstruct or interfere with the connection of a hose to a fire hydrant shall be deemed parked in violation of this section.
	4600.4.3 Notice of violation. Whenever any entrance or exit, sidewalk or fire hydrant is obstructed by snow, debris, construction material, vehicles or other matter likely to interfere with the ingress or the operation of fire apparatus or other emergency vehicles in case of fire, the Code Official may order the obstruction removed.
	4600.4.4 Failure to correct violations. If the order to remove the obstruction of the fire lanes is not complied with promptly, the Code Official, with the approval of the Town's Town Manager, may request the legal counsel of the Town to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation. If the obstruction is a motor vehicle, and if the motor vehicle presents an actual impediment to the ingress, egress, or other operation of fire apparatus or other emergency vehicles, the Code Official may order the vehicle towed away and stored at the owner's expense.
4600.5 Authority at fires and other emergencies. The person in charge at the scene of a fire or other emergency involving the protection of life and/or property is empowered to direct such operations as may be necessary to extinguish or control any suspected or reported fires, gas leaks or other hazardous conditions or situations or to take any other action necessary in the reasonable performance of his duty. The person in charge at the scene may prohibit any person, vehicle or object from approaching the scene and may remove or cause to be removed from the scene any person, vehicle or object which may impede or interfere with the fire suppression or other emergency operations. The person in charge at the scene may remove or cause to be removed any person, vehicle or object from hazardous areas. All persons ordered to leave a hazardous area shall do so immediately and shall not reenter the area until authorized to do so.
4600.6 Interference with emergency operations. It shall be unlawful to interfere with, attempt to interfere with, conspire to interfere with, obstruct or restrict the mobility of or block the path of travel of any fire apparatus or other emergency vehicle in any way or to interfere with, attempt to interfere with, conspire to interfere with, obstruct or hamper any fire suppression or other emergency operation.
4600.7 Compliance with orders. A person shall not willfully fail or refuse to comply with any lawful order or direction of fire or law enforcement officials at the scene of a fire or other emergency operation or interfere with the compliance attempts of another individual.
4600.8 Unlawful boarding or tampering with fire emergency equipment. A person shall not, without proper authorization from the person in charge of fire emergency equipment, cling to, attach himself to, climb upon or into, board or swing upon any such fire emergency vehicle, whether the same is in motion or at rest, or sound the siren, horn, bell or other sound-producing device thereon, or manipulate or tamper with or attempt to manipulate or tamper with any levers, valves, switches, starting devices, brakes, pumps or any equipment or protective clothing on or a part of any fire emergency vehicle.
4600.9 Damage or injury to fire equipment personnel. It shall be unlawful for any person to damage or deface or attempt to conspire to damage or deface any fire emergency vehicle at any time or to injure or attempt to injure or conspire to injure fire personnel while performing official duties.
4600.10 Sale of defective fire extinguishers. A person shall not sell, trade, loan or give away any form, type or kind of fire extinguisher which is not approved by the State Fire Marshal or which is not in proper working order or the contents of which do not meet the requirements of the State Fire Marshal. The requirements of this section shall not apply to the sale, trade or exchange of obsolete or damaged equipment for junk when said units are permanently marked with permanent sign identifying the unit as junk.
4600.11 Hydrant use approval. A person shall not use or operate any fire hydrant intended for use for fire suppression purposes unless such person first secures a permit for such use from the Code Official. This section shall not apply to the use of such hydrants by a person employed by and authorized to make such use by the Town.
4600.12 Maintenance of fire suppression equipment. A person shall not obstruct, remove, tamper with or otherwise disturb any fire hydrant or fire appliance required to be installed or maintained under any provision of this code except for the purpose of extinguishing a fire, training or testing purposes, recharging or making necessary repairs or when permitted by the Code Official. Whenever a fire appliance is removed as herein permitted, it shall be replaced or reinstalled as soon as the purpose for which it was removed has been accomplished. Defective and nonapproved fire appliances or equipment shall be replaced or repaired as directed by the Code Official.
4600.13. Street obstructions. A person or persons shall not erect, construct, place, or maintain any bumps, fences, gates, chains, bars, pipes, wood or metal horses or any other type of obstruction in or on any street within the boundaries of the Town, except as authorized by Town Council. The word "street" as used in this section means any roadway accessible to the public for vehicular traffic, including, but not limited to, private streets or access lanes, as well as all public streets and highways within the boundaries of the Town.

Section 307 on pages 26 through 27 is amended to read as follows:

[Added 9-2-2008 by Ord. No. 8-1-08]

Section 307

Open Burning and Recreational Fires

307.1 General. A person shall not kindle or maintain, or authorize to be kindled or maintained, any open burning, bonfire or recreational fire except as may be expressly authorized by this Section 307.

307.2 Permit Required. A permit shall be obtained from the Fire Code Official in accordance with Section 105.6 before kindling a recreational fire or a bonfire, or open burning that may be required by law. Application for such approval shall be submitted by and issued to the owner of the land upon which the fire is to be kindled.

307.3 Required Open Burning. Any open burning required by law shall be conducted in accordance with all laws and regulations that require and regulate the burning, and with all permits or approvals that may be issued pursuant to such laws or regulations.

307.4. Location of Required Open Burning. Any open burning required by law shall be conducted at least 50 feet from any structure, and provisions shall be made to ensure that such fire does not spread to within 50 feet of any structure, except that (i) the fire may be located not less than 15 feet from a structure when the fire is within an approved container; and (ii) the fire may be located not less than 25 feet from a structure where the pile size is three feet or less in diameter and two feet or less in height.

307.5. Bonfires. A bonfire may be ignited and maintained as long as the bonfire is not be conducted within 50 feet of a structure or combustible material unless the fire is contained in a barbecue pit. Conditions which could cause a fire to spread within 50 feet of a structure shall be eliminated prior to ignition.

307.6. Recreational Fires. Recreational fires may be ignited and maintained as long as the recreational fire is not conducted within 25 feet of a structure or combustible material; conditions which could cause a fire to spread within 25 feet of a structure shall be eliminated prior to ignition.

307.7. Attendance. Required open burning, bonfires and recreational fires shall be constantly attended until the fire is extinguished, a minimum of one portable fire extinguisher complying with Section 906 with a minimum 4-a rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.