1 TITLE 14 FIRE PREVENTION CODE CHAPTER 1. FIRE PREVENTION CODE CHAPTER 1 FIRE PREVENTION CODE Section 100. Section 101. Section 102. SECTION 100. Adoption of BOCA National Fire Prevention Code. Additions, Insertions, Deletions and Changes to BOCA National Fire Prevention Code. Protection of Existing Rights and Remedies. ADOPTION OF BOCA NATIONAL FIRE PREVENTION CODE That certain document, three (3) copies of which are on file in the Office of the City Clerk, marked and designated as the BOCA National Fire Prevention Code, Eighth Edition, 1990, ("Fire Prevention Code") published by the Building Officials and Code Administrators International, Inc., is hereby adopted and made a part hereof as if fully set out in this chapter with the additions, deletions and changes prescribed herein. SECTION 101. ADDITIONS, INSERTIONS, DELETIONS AND CHANGES TO BOCA NATIONAL FIRE PREVENTION CODE The following additions, deletions and changes to the BOCA National Fire Prevention Code, Eighth Edition, 1990, are hereby adopted. F Title. Insert "City of Tulsa," second line. F Enforcement Officer. The Office of Fire Marshal is hereby created. The Chief of Safety Services of the Fire Department of the City of Tulsa shall be designated as the Fire Marshal, and shall be filled in the manner specified in Article XI of the Charter of the City of Tulsa. It shall be the duty and responsibility of the Fire Marshal to enforce the provisions of this code. The Fire Marshal is referred to herein as the Code F Peace Officer. The Code Official and his designated assistants may be deemed peace officers with full power to execute legal process, administer oaths, subpoena witnesses and make arrests within the City of Tulsa. F Organization. Such number of firefighters, technical assistants, inspectors, investigators, and other employees as is necessary for the administration of this code shall be selected as provided in the Administrative Operating Procedures of the Fire Department.
2 Ch. 1, Pg. 2 Title 14 - Fire Prevention (1/1/1997) F Fire and Explosion, Entering Premises. The Code Official shall have the authority at all times, either by day or night, when necessary in the performance of the duties imposed upon him by the provisions of this title, to enter upon or within any building, and examine the same or the premises connected therewith, where any fire or explosion has recently occurred, and may also enter other buildings and premises adjoining or near the same, for the purpose of investigating such fire or explosion, provided, however, that entering into any private residence or place of abode shall be according to law. F Suspicious Fires or Explosions. The Code Official, in the course of his investigation of any fire or explosion, may take or cause to be taken the testimony on oath of any person cognizant of any facts or knowledge, and cause the same to be reduced to writing. If the Code Official shall be of the opinion that there is evidence sufficient to charge any person with the crime of arson, or with the attempt to commit the crime of arson, or of causing or attempting to cause any fire, or should he have reasonable grounds to believe that any person has criminally conducted himself pertaining to any fire, then it shall be his duty to cause such person to be lawfully arrested and charged with the proper offense, as by law provided; and he shall furnish to the proper authorities all evidence, facts, and circumstances, together with the names of all witnesses and the source of all information which such Code Official may have obtained, including a copy of all material testimony taken by him. F Refusal to Testify. Any person who refuses to appear or to testify, or to be sworn when directed to do so, or who disobeys any lawful order of the Code Official, or who fails or refuses to produce any paper, book, or document, touching any matter under investigation within the contemplation of this chapter, when so directed, or who is guilty of any contemptuous conduct during the proceedings of the Code Official in any matter under investigation, shall be deemed guilty of violating this chapter and shall be guilty of an offense. F Private Investigations. Any investigation held by or under the direction of the Code Official may, in his discretion, be private; and persons other than those required to be present may be excluded from the place where such investigation is being held, and witnesses may be kept separate and apart from each other until they shall have been examined. F Penalty for Violation. Unless otherwise provided herein, any person, firm or corporation violating any of the provisions of this code or failing to comply with any order issued pursuant to any section thereof, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed FIVE HUNDRED DOLLARS ($500.00), excluding costs, and/or by imprisonment in the City Jail for a period of not more than ninety (90) days. Each day that a violation continues after a service of notice as provided for in this code shall be deemed a separate offense. F Application for Appeal. Any person shall have the right to appeal a decision of the Code Official to the Building, Housing and Fire Prevention Appeal Board (hereinafter "the Board") as provided for in Title 51, Tulsa Revised Ordinances, Chapter 1. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder, have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better method of fire prevention can be used. The application shall be filed on a form obtained from the Code Official within 20 days after the notice was served.
3 Ch. 1, Pg. 3 Title 14 - Fire Prevention (1/1/1997) F Council Review. Any person aggrieved by any order or decision of the Board may appeal such order or decision to the City Council. Such appeal shall be in writing and filed with the City Clerk and with the Code Official within ten (10) days from the date the order or decision is rendered. The Council may affirm, modify or reverse the order or decision of the Board and, where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this code, the Council shall have the power in a specific case to vary any such provision in accordance with its general purpose and intent so that the public health, safety, convenience, prosperity, and general welfare may be secured and substantial justice done; provided, however, that any such permitted variations shall not be construed as amending this code or as a waiver of any of the other provisions hereof. F Oklahoma. F F F F F Court Review. Appeals from the Council shall be as provided by the laws of the state of F Discarding Smoking Materials from Vehicles. A person shall not discard any smoking materials from any vehicle. F F F OPEN FLAME APPLIANCES F General. It shall be unlawful to use open-flame cooking appliances, including charcoal or gas grills, on combustible outdoor balconies or outdoors within ten (10) feet of any combustible portion of any building of Use Group R-2. F F F-401.3
4 Ch. 1, Pg. 4 Title 14 - Fire Prevention (1/1/1997) F F Single- and Multiple-Station Smoke Detectors: A minimum of one approved singlestation or multiple-station smoke detector shall be installed in each guestroom, suite or sleeping area in buildings of Use Groups R-1 and I-1 and in dwelling units in the immediate vicinity of the bedrooms in buildings of Use Groups R-2, R-3 and R-4. In buildings of Use Groups R-3 and R-4, smoke detectors shall be required on every story of the dwelling unit, including basements. In dwelling units with split levels, a smoke detector installed in the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. If there is an intervening door between the adjacent levels, a smoke detector shall be installed on both levels. All detectors shall be installed in accordance with NFiPA 74 listed in Appendix A. When actuated, the smoke detectors shall provide an alarm suitable to warn the occupants within the individual room or dwelling unit. Any person, firm or corporation violating any of the provisions of this section in buildings of Use Groups R-3 and R-4, shall be guilty of an offense and upon conviction thereof shall be punished by a fine not to exceed Twenty Five Dollars ($25.00). F ELEVATOR KEYS AND INSTRUCTIONS F Emergency Keys. Elevator keys shall be kept on the premises in a location readily accessible to fire department personnel, but not where they are available to the public. Keys shall be clearly marked as elevator keys and shall be identified as to the specific elevator for which they work. F Instructions. Instructions for the operation of elevator(s) shall be typed on a plastic encased card and kept with the elevator keys. F F Periodic Testing and Inspection. All single and multiple-station smoke detectors shall be maintained, periodically inspected and tested in accordance with NFiPA 74 listed in Appendix A and with Section F Exception: Use Group R-2 shall conform to the following requirements: 1. Owner shall provide and install replacement batteries as necessary; 2. Owner shall test all smoke detector(s) in each living unit quarterly and document the inspection in accordance with F Owner shall test all battery-powered smoke detectors in corridors, stairwells, and other common areas weekly and monthly for other than battery-powered smoke detectors; 3. Owner shall perform necessary maintenance on all smoke detector defects found during inspections or upon written notification by the tenant;
5 Ch. 1, Pg. 5 Title 14 - Fire Prevention (1/1/1997) 4. Owner shall replace or repair an inoperative smoke detector within twenty-four (24) hours of receipt of written notification thereof. 5. Owner shall provide to the tenant instructions regarding testing and maintenance of smoke detectors; 6. Tenant shall be responsible for testing battery-powered smoke detectors within their living unit weekly and monthly for other than battery-powered smoke detectors; 7. Tenant shall notify the owner in writing of any deficiencies or repairs needed; and 8. Owner shall provide a signed lease or rental agreement addendum specifying the responsibilities of owner and tenant in regards to smoke detector maintenance and testing. Upon request by the Fire Marshal, owner shall make this lease or rental addendum available for inspection. Owner shall be responsible for all testing requirements of this section if no lease or rental addendum is provided and signed by both the tenant and owner. F Where Required. A portable fire extinguisher shall be installed in the following locations in accordance with HFiPA 10 listed in Appendix A. 1. All buildings of all use groups except one and two family dwellings. 2. In all areas containing commercial kitchen exhaust hood systems. 3. In all areas where fuel is dispensed. 4. In all areas where a flammable or combustible liquid is used in the operation of spraying, coating or dipping. 5. In all buildings of Use Group I -3 at staff locations. Access to portable fire extinguishers shall be permitted to be locked. 6. On each floor of buildings under construction, other than buildings of Use Group R In any laboratory, shop or other room used for similar purposes. 8. Where required by the sections indicated in Table F for various operations, processes, buildings and areas. F WATER SUPPLY F General. An approved water supply capable of providing the required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed.
6 Ch. 1, Pg. 6 Title 14 - Fire Prevention (1/1/1997) F Fire Hydrants. Fire hydrants shall be installed in accordance with Department of Public Works' specifications. F Fire Hydrant Access and Water Supply. The Code Official may require that all premises where buildings or portions of buildings are constructed and located in such a manner that access to fire hydrants is minimal or of a distance such that the Code Official can demonstrate that fire fighting operations would be impaired, be provided with an adequate water and hydrant system. F Fire Hydrant Color. All fire hydrants on the public water distribution system shall be federal yellow in color. All other fire hydrants shall be red in color. F Blocking Fire Hydrants and Fire Department Connections. It shall be unlawful to obscure from view, damage, deface, obstruct or restrict the access to any fire hydrant or any fire department connection for the pressurization of fire suppression systems, including fire hydrants and fire department connections that are located on public or private streets or access lanes, or on private property. F F F F F F Official for the operation of any grain bleacher or elevator; flour, starch or feed mill; malt house; wood flour manufacturing plant; or any plant that pulverizes aluminum, coal, cocoa, magnesium, spices, sugar, or other material that produces dust as defined in the scope of this article. F F Notification Required. The Code Official shall be notified in writing at least twentyfour (24) hours before any building or structure is to be closed in connection with the use of any toxic or flammable fumigant. Such notification shall give the location of the building, structure, or enclosed space to be fumigated or fogged as well as its character and use, the Material Safety Data Sheets (see 40 O.S et seq., and the Rules and Regulations adopted pursuant thereto) of fumigants or insecticides to be used, the person or persons in charge of the operation and the date and time when the operation will be started. Notice of any fumigation or thermal insecticidal fogging shall be served upon the occupants of any
7 Ch. 1, Pg. 7 Title 14 - Fire Prevention (1/1/1997) building or other enclosed space involved in the operation sufficiently in advance of the actual fumigation or fogging to enable them to evacuate the premises. F Article 16. F F F F Official by each company, corporation, copartnership or owner-operator performing welding or cutting operations. F F F Official for the storage of cylinders or containers used for welding or cutting operations as defined in this article. F Official to store or keep calcium carbide. F Official to operate an acetylene generator. F F Official for the storage, handling or use of compressed gasses as defined in this article. F Official for the storage and handling of cryogenic liquids as defined in this article. F Uses Not Regulated. Nothing in this article, other than notification requirements as required in , shall be construed as applying to any of the following explosive uses: 1. Uses by the Armed Forces of the United States or by a state;
8 Ch. 1, Pg. 8 Title 14 - Fire Prevention (1/1/1997) 2. Explosives in forms prescribed by the official United States Pharmacopoeia; 3. The sale or use of fireworks which are regulated by Article 27; 4. The possession, transportation and use of small arms ammunition or special industrial explosive devices; 5. The manufacture, possession, storage, transportation and use of not more than fifteen (15) pounds (6.81kg) of explosives or blasting agents in educational, governmental or industrial laboratories for instructional or research purposes when under the direct supervision of experienced, competent persons; and 6. The transportation and use of explosives or blasting agents by the United States Bureau of Mines, the Federal Bureau of Investigation, the United States Secret Service or police and fire departments acting in their official capacity. F Official for the manufacture, possession, storage, sale, transport and use of explosives and blasting agents. F Exemptions. Nothing in this article shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal or illumination purposes, or the sale or use of blank cartridges for show or theater productions, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations. F purposes: Permit Required. A permit shall be obtained from the Code Official for the following 1. To install, repair or alter in any way a stationary tank used for the storage of flammable and combustible liquids, or to modify or replace any line connected hereto. 2. To place any flammable or combustible liquid stationary tank temporarily out of service and to place said tank back into service. 3. To permanently close in place or remove any flammable or combustible liquid stationary tank. F Official for the storage, handling or use of Class I flammable liquids or Class II or Class III combustible liquids. F Exception. Notification is not required for the storage or use of Class I flammable liquids or of Class II or Class III combustible liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant. F State and Federal Regulations. In addition to the requirements of this code, any person involved in the installation, repair, removal, closure in place, temporary closure, or any other modification of a stationary tank, piping, or dispensing device shall observe all applicable state and federal regulations.
9 Ch. 1, Pg. 9 Title 14 - Fire Prevention (1/1/1997) F Aboveground Tanks. These provisions shall not prohibit aboveground tanks and dispensing devices when installed and used in accordance with NFiPA 30A-90 (9-3.5). F Notification Required. An owner or operator of a facility which is required to make information available to the Tulsa Fire Department pursuant to Rule IV of the Oklahoma Hazard Communication Standard (40 O.S. 1991, 401 et seq.) shall file a Hazardous Chemical Inventory Report and post signage in a manner approved by the Code F Disposal of Waste. A person shall not permit or cause to be permitted the discharge of hazardous materials and chemicals, as defined in this article, into or upon any street, pavement, highway, drainage canal ditch, storm or sanitary drain, floor control channel, lake or water way or upon the ground. F Reportable Releases. The owner or operator of a facility subject to the notification requirements set forth in Subtitle A, Sec. 304 of Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA, Title III) shall make such notifications to the Tulsa Fire Department pursuant to 40 CFR 355, Sec F General. The owner or operator of any facility which is required to prepare or have available a material safety data sheet (MSDS) or an emergency and hazardous chemical inventory form under Subtitle B, Sections 311 an 312 of Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA, Title III) shall provide such information to the Tulsa Fire Department in the manner set forth in this section. F Official: Information Required. The following information shall be provided to the Code 1. A current list of key facility personnel who are knowledgeable about safety procedures relating to materials on site, and the residential telephone numbers for all such personnel for use in the event of an incident after the hours of facility operation. 2. Current MSDS's or a list of chemicals for which a MSDS is available pursuant to 40 CFR 370 Subpart B, Sec Current emergency and hazardous chemical inventory forms pursuant to 40 CFR 370, Subpart D, Sec A separate listing of any extremely hazardous substances, pursuant to 40 CFR 355 Appendix A or B, which are present at the facility in excess of their threshold planning quantity. 5. A facility diagram pursuant to F F F F
10 Ch. 1, Pg. 10 Title 14 - Fire Prevention (1/1/1997) F F Official for the installation, storage or use of liquefied petroleum gas. F Official for the melting, casting, heat treating, machining or grinding of magnesium. F Official for the manufacture and storage of matches. F Official for the manufacture of organic coatings. F Official for the storage of pesticides. SECTION 102. PROTECTION OF EXISTING RIGHTS AND REMEDIES Nothing in this chapter shall be construed to affect any suit or proceeding pending in any court, or any rights acquitted, or liability incurred, or any cause or causes of action acquired or existing under any act of provision hereby repealed; nor shall this chapter require any changes in work which has been lawfully authorized prior to the adoption of this chapter, so long as such work is actually commenced within sixty (60) days after its adoption.