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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 12. CONSTRUCTION CODES SUPPLEMENT OF 2013 |
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SubTilte 12-H. FIRE CODE SUPPLEMENT OF 2013 |
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Chapter 12-H1. ADMINISTRATION AND ENFORCEMENT |
Section 12-H105. PERMITS
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Strike Chapter 1 of the International Fire Code in its entirety and insert new Chapter 1 in the Fire Code in its place to read as follows:
105.1 General. Permits shall be in accordance with Sections 105.1.1 through 105.6.47.
105.1.1 Permits Required. Permits required by the Fire Code shall be obtained from the code official. Permit fees, if any, shall be paid prior to issuance of the permit. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the code official.
105.1.2 Operational Permits. An operational permit allows the applicant to conduct an operation or a business for which a permit is required by Section 105.6 for either:
1.A prescribed period; or
2. Until renewed or revoked.
105.1.3 Permits for the Same Location. When more than one permit is required for the same location, the code official is authorized to consolidate such permits into a single permit, provided that each provision of those permits is listed in the consolidated permit.
105.1.4 President or Vice President’s Residence. No permit required under the Fire Code shall be issued if it is determined by the code official that:
1. The permit affects an area in close proximity to the official residence of the President or Vice-President of the United States; and
2. The United States Secret Service has established that the issuance of the permit would adversely impact the safety and security of the President or Vice-President of the United States.
105.2 Application. Application for a permit required by the Fire Code shall be made to the code official in such form and detail as prescribed by the code official. Applications for permits shall be accompanied by such plans as prescribed by the code official.
105.2.1 Refusal to Issue Permit. If the application for a permit describes a use that does not conform to the requirements of the Fire Code and other pertinent laws and ordinances, the code official shall not issue a permit, but shall return the application to the applicant with the refusal to issue such permit. Such refusal shall, when requested, be in writing and shall contain the reasons for refusal.
105.2.2 Inspection Authorized. Before a new operational permit is approved, the code official is authorized to inspect the receptacles, vehicles, buildings, devices, premises, storage spaces or areas to be used to determine compliance with the Fire Code or any operational constraints required.
105.2.3 Time Limitation of Application. An application for a permit for any proposed work or operation shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been diligently prosecuted or a permit has been issued; except that the code official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. Any extension shall be requested in writing and justifiable cause demonstrated.
105.2.4 Action on Application. The code official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the code official shall reject such application in writing, stating the reasons therefore. If the code official is satisfied that the proposed work or operation conforms to the requirements of the Fire Code and laws and ordinances applicable thereto, the code official shall issue a permit therefore as soon as practicable.
105.3 Conditions of a Permit. A permit shall constitute permission to maintain, store or handle materials; or to conduct processes which produce conditions hazardous to life or property; or to install equipment utilized in connection with such activities; or to install or modify any fire protection system or equipment or any other construction, equipment installation or modification in accordance with the provisions of the Fire Code where a permit is required by Section 105.6. Such permission shall not be construed as authority to violate, cancel or set aside any of the provisions of the Fire Code or other applicable regulations or laws of the District of Columbia.
105.3.1 Expiration. An operational permit shall remain in effect until reissued, renewed, or revoked or for such a period of time as specified in the permit.
105.3.1.1 Transferability of permits. Operational permits issued pursuant to Section 105.6 are not transferable, and a new permit must be obtained where there is a change in the person conducting an operation or business, or a transfer of the premises, for which a permit has been issued.
105.3.2 Occupancy Prohibited Before Approval. A building or structure shall not be occupied prior to the code official issuing a permit and conducting associated inspections indicating that the applicable provisions of the Fire Code have been met.
105.3.3 Conditional Permits. Where permits are required and upon the request of a permit applicant, the code official is authorized to issue a conditional permit to occupy the premises or portion thereof before the entire work or operations on the premises is completed; provided, that such portion or portions will be occupied safely prior to full completion or installation of equipment and operations without endangering life or public welfare. The code official shall notify the permit applicant in writing of any limitations or restrictions necessary to keep the permit area safe. The holder of a conditional permit shall proceed only to the point for which approval has been given, at the permit holder’s own risk and without assurance that approval for the occupancy or the utilization of the entire premises, equipment or operations will be granted.
105.3.4 Posting the Permit. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the code official.
105.3.5 Compliance with Fire Code. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of the Fire Code or of any other law or regulation of the District of Columbia. Permits presuming to give authority to violate or cancel the provisions of the Fire Code or other law or regulation of the District of Columbia shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the code official from requiring the correction of errors in the construction documents and other data. Any addition to or alteration of approved construction documents shall be approved in advance by the code official, as evidenced by the issuance of a new or amended permit.
105.3.6 Information on the Permit. The code official shall issue all permits required by the Fire Code on an approved form furnished for that purpose. The permit shall contain a general description of the operation or occupancy and its location and any other information required by the code official. Issued permits shall bear the signature of the code official or other approved legal authorization.
105.4 Revocation. Without precluding the imposition of any other remedies or penalties authorized under the Fire Code, or other District of Columbia regulations or statutes, the code official is authorized to revoke a permit issued under the provisions of the Fire Code for any of the following conditions:
1. The permit is used for a location or establishment other than that for which it was issued.
2. The permit is used for a condition or activity other than that listed in the permit.
3. Any of the conditions or limitations set forth in the permit has been violated.
4. There have been any false statements or misrepresentations as to the material facts in the application for permit or on the plans on which a permit or approval was based.
5. The permit is used by a different person than the person in whose name the permit was issued.
6. The permittee failed, refused or neglected to comply with orders or notices duly served in accordance with the provisions of the Fire Code within the time provided therein.
7. The permit was issued in error or in violation of an ordinance, regulation or the Fire Code.
105.4.1 Effective date of revocations. Revocations based on Section 105.4 shall become final upon occurrence of one of the following conditions:
- The permit holder fails to timely request a hearing from the Office of Administrative Hearings within 15 days of the date of service of the notice of revocation pursuant to Section 108.1; or
2.The Office of Administrative Hearings finds that grounds exist to revoke the permit following a hearing requested by the permit holder pursuant to Section 108.1.
105.4.2 Cancellations. The code official shall have the right to declare a permit null and void, if the Fire Department determines that the permit was erroneously issued as the result of administrative or clerical error and notifies the permit holder of the error within five business days of permit issuance. Upon such notification, the permit holder shall promptly surrender the permit for cancellation; however, the failure to surrender the permit voluntarily for cancellation shall not affect its invalidity and the permit shall be cancelled upon notification to the permit holder in accordance with Section 109.2.1.
105.5 [RESERVED].
105.6 Required Operational Permits. The code official is authorized to issue operational permits for the operations set forth in Sections 105.6.1 through 105.6.47.
105.6.1 Aerosol Products. An operational permit is required to manufacture, store or handle an aggregate quantity of Level 2 or Level 3 aerosol products in excess of 500 pounds (227 kg) net weight.
105.6.2 Amusement Buildings. An operational permit is required to operate a special amusement building.
105.6.3 Aviation Facilities. An operational permit is required to use Group H or Group S occupancy for aircraft servicing or repair and aircraft fuel-servicing vehicles. Additional permits required by other sections of the Fire Code include, but are not limited to, hot work, hazardous materials and flammable finishes or combustible finishes.
105.6.4 Carnivals and Fairs. An operational permit is required to conduct a carnival or fair.
105.6.5 Cellulose Nitrate Film. An operational permit is required to store, handle or use cellulose nitrate film in a Group A occupancy.
105.6.6 Combustible Dust-Producing Operations. An operational permit is required to operate a grain elevator, flour, starch mill, feed mill, or a plant pulverizing aluminum, coal, cocoa, magnesium, spices or sugar, or other operations producing combustible dusts as defined in Chapter 2.
105.6.7 Combustible Fibers. An operational permit is required for the storage and handling of combustible fibers in quantities greater than 100 cubic feet (2.8 m3).
Exception: A permit is not required for agricultural storage.
105.6.8 Compressed Gases. An operational permit is required for the storage, use or handling at normal temperature and pressure (NTP) of compressed gases in excess of the amounts listed in Table 105.6.8.
Exception: Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle.
TABLE 105.6.8
PERMIT AMOUNTS FOR COMPRESSED GASES
TYPE OF GAS
AMOUNT
(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
Pyrophoric
Any amount
Toxic
Any amount
105.6.9 Covered Mall Buildings. An operational permit is required for:
1.The placement of retail fixtures and displays, concession equipment, displays of highly combustible goods and similar items in the mall.
2. The display of liquid- or gas-fired equipment in the mall.
3.The use of open-flame or flame-producing equipment in the mall.
105.6.10 Cryogenic Fluids. An operational permit is required to produce, store, transport on site, use, handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.6.10.
Exception: Permits are not required for vehicles equipped for and using cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading.
TABLE 105.6.10
PERMIT AMOUNTS FOR CRYOGENIC FLUIDS
TYPE OF CRYOGENIC FLUID
INSIDE BUILDING
(gallons)
OUTSIDE BUILDING
(gallons)
Flammable
More than 1
60
Inert
60
500
Oxidizing (including oxygen)
10
50
Physical or health hazard not indicated above
Any amount
Any amount
For SI: 1 gallon =3.785L
105.6.11 Cutting and Welding. An operational permit is required to conduct cutting or welding operations in the District of Columbia.
105.6.12 Dry Cleaning Plants. An operational permit is required to engage in the business of dry cleaning or to change to a more hazardous cleaning solvent used in existing dry cleaning equipment.
105.6.13 Exhibits and trade shows. An operational permit is required to operate exhibits and trade shows.
105.6.14 Explosives. An operational permit is required for the manufacture, storage, handling, sale or use of any quantity of explosives, explosive materials, fireworks or pyrotechnic special effects within the scope of Chapter 33.
Exception: Storage in Group R-3 occupancies of smokeless propellant, black powder and small arms primers for personal use, not for resale and in accordance with Section 3306.
105.6.15 Fire Hydrants and Valves. An operational permit is required to use or operate fire hydrants or valves intended for fire suppression purposes which are installed on water systems and accessible to a fire apparatus access road that is open to or generally used by the public.
Exception: A permit is not required for authorized employees of the water company that supplies the system or the fire department to use or operate fire hydrants or valves.
105.6.16 Flammable and Combustible Liquids. An operational permit is required:
1. To use or operate a pipeline for the transportation within facilities of flammable or combustible liquids. This requirement shall not apply to the off-site transportation in pipelines regulated by the District of Columbia Department of Transportation (DDOT), nor does it apply to piping systems.
2. To store, handle or use Class I liquids in excess of 5 gallons (19 L) in a building or in excess of 10 gallons (37.9 L) outside of a building, except that a permit is not required for the following:
2.1 The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant, unless such storage, in the opinion of the code official, would cause an unsafe condition.
2.2 The storage or use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes for a period of not more than 30 days.
3. To store, handle or use Class II or Class IIIA liquids in excess of 25 gallons (95 L) in a building or in excess of 60 gallons (227 L) outside a building, except for fuel oil used in connection with oil-burning equipment.
4. To store, handle or use Class IIIB liquids in tanks or portable tanks for fueling motor vehicles at motor fuel-dispensing facilities or where connected to fuel-burning equipment.
Exception: Fuel oil and used motor oil used for space heating or water heating.
5. To remove Class I or II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps normally used for dispensing purposes.
6. To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used.
7. To place temporarily out of service (for more than 90 days) an underground, protected above-ground or above-ground flammable or combustible liquid tank.
8. To change the type of contents stored in a flammable or combustible liquid tank to a material that poses a greater hazard than that for which the tank was designed and constructed.
9. To manufacture, process, blend or refine flammable or combustible liquids.
10. To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial, industrial, governmental or manufacturing establishments.
11. To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel tanks of motor vehicles, marine craft and other special equipment at commercial, industrial, governmental or manufacturing establishments.
105.6.17 Floor Finishing. An operational permit is required for floor finishing or surfacing operations exceeding 350 square feet (33 m2) using Class I or Class II liquids.
105.6.18 Fruit and Crop Ripening. An operational permit is required to operate a fruit- or crop-ripening facility or conduct a fruit-ripening process using ethylene gas.
105.6.19 Fumigation and Thermal Insecticidal Fogging. An operational permit is required to operate a business of fumigation or thermal insecticidal fogging and to maintain a room, vault or chamber in which a toxic or flammable fumigant is used.
105.6.20 Hazardous Materials. An operational permit is required to store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed in Table 105.6.20.
TABLE 105.6.20
PERMIT AMOUNTS FOR HAZARDOUS MATERIALS
TYPE OF MATERIAL
AMOUNT
Combustible liquids
See Section 105.6.16
Corrosive materials
Gases
See Section 1056.8
Liquids
55 gallons
Solids
1,000 pounds
Explosive materials
See Section 105.6.8
Flammable materials
Gases
See Section 105.6.8
Liquids
See Section 105.6.16
Solids
100 pounds
Highly toxic materials
Gases
See Section 105.6.8
Liquids
Any amount
Solids
Any amount
Oxidizing materials
Gases
See Section 105.6.8
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 a
Class IV
2 gallons
Class V
No permit required
Solids
Class I
Any amount
Class II
Any amount
Class III
10 pounds b
Class IV
20 pounds
Class V
No permit required
Pyrophoric materials
Gases
Any amount
Liquids
Any amount
Solids
Any amount
Toxic materials
Gases
See Section 105.6.8
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 = 0.454 kg
a. 20 gallons when Table 5003.1.1 (1) Note k applies and hazard identification signs in accordance with Section 5003.5 are provided for quantities of 20 gallons or less.
b. 200 pounds when Table 5003.1.1 (1) Note k applies and hazard identification signs in accordance with Section 5003.5 are provided for quantities of 200 pounds or less.
105.6.21 HPM Facilities. An operational permit is required to store, handle or use hazardous production materials.
105.6.22 High-Piled Storage. An operational permit is required to use a building or portion thereof as a high-piled storage area exceeding 500 square feet (46 m2).
105.6.23 Hot Work Operations. An operational permit is required for hot work including, but not limited to:
1. Public exhibitions and demonstrations where hot work is conducted.
2. Use of portable hot work equipment inside a structure.
Exception: Work that is conducted under a permit issued by the Department of Consumer and Regulatory Affairs pursuant to Section 105, 12 DCMR A.
3. Fixed-site hot work equipment such as welding booths.
4. Hot work conducted within a wildfire risk area.
5. Application of roof coverings with the use of an open-flame device.
6. When approved, the code official shall issue a permit to carry out a hot work program. This program allows approved personnel to regulate their facility’s hot work operations. The approved personnel shall be trained in the fire safety aspects denoted in this chapter and shall be responsible for issuing permits requiring compliance with the requirements found in Chapter 35. These permits shall be issued only to their employees or hot work operations under their supervision.
105.6.24 Industrial Ovens. An operational permit is required for operation of industrial ovens regulated by Chapter 30.
105.6.25 Lumber Yards and Woodworking Plants. An operational permit is required for the storage or processing of lumber exceeding 100,000 board feet (8,333 ft3) (236 m3).
105.6.26 Liquid- or Gas-Fueled Vehicles or Equipment in Assembly Buildings. An operational permit is required to display, operate or demonstrate liquid- or gas-fueled vehicles or equipment in assembly buildings.
105.6.27 LP-Gas. The use of liquefied petroleum gas is prohibited wherever natural gas is available except where permitted by the code official. An operational permit is required for the following storage and/or uses of LP-gas:
- Each permanent installation irrespective of the size of the containers.
- The storage of any number of portable containers awaiting use, refill, or sale having a combined total of 60 pounds or more.
- Any commercial cooking use.
- Vending stands, vending carts or vehicles.
- Tanks larger than 5 pounds used inside of any buildings.
- Operation of cargo tankers that transport LP-gas.
Empty containers which have been used in LP-gas service and partially filled containers shall be considered as a full container.
105.6.28 Magnesium. An operational permit is required to melt, cast, heat treat or grind more than 10 pounds (4.54 kg) of magnesium.
105.6.29 Miscellaneous Combustible Storage. An operational permit is required to store in any building or upon any premises in excess of 2,500 cubic feet (71m3) gross volume of combustible empty packing cases, boxes, barrels or similar containers, rubber tires, rubber, cork or similar combustible material.
105.6.30 Open Burning. An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road, or other public or private ground. Instructions and stipulations of the permit shall be adhered to.
Exception: Recreational fires.
105.6.31 Open Flames and Torches. An operational permit is required to remove paint with a torch; or to use a torch or open-flame device in a wildfire risk area.
105.6.32 Open Flames and Candles. An operational permit is required to use open flames or candles in connection with assembly areas, dining areas of restaurants or drinking establishments.
Exceptions:
1.Places of religious worship.
2.Candles in restaurants.
105.6.33 Organic Coatings. An operational permit is required for any organic-coating manufacturing operation producing more than 1 gallon (4 L) of an organic coating in one day.
105.6.34 Assembly Group A. An operational permit is required for use of a building or structure classified under Assembly Group A, as defined in Section 303 of the Building Code.
Exception: Assembly uses with an occupant load of less than 100 persons.
105.6.35 Private Fire Hydrants. An operational permit is required for the removal from service, use or operation of private fire hydrants, provided, however, that no permit authorizing the installation of a private fire hydrant shall be approved without the recordation of an agreement in the land records of the District of Columbia that satisfies the requirements of the Private Fire Hydrant Act.
Exception: A permit is not required for private industry with trained maintenance personnel, private fire brigade or fire departments to maintain test and use private hydrants.
105.6.36 Pyrotechnic Special Effects Material. An operational permit is required for use and handling of pyrotechnic special effects material.
105.6.37 Pyroxylin Plastics. An operational permit is required for storage or handling of more than 25 pounds (11 kg) of cellulose nitrate (pyroxylin) plastics and for the assembly or manufacture of articles involving pyroxylin plastics.
105.6.38 Refrigeration Equipment. An operational permit is required to operate a mechanical refrigeration unit or system regulated by Chapter 6.
105.6.39 Repair Garages and Motor Fuel-Dispensing Facilities. An operational permit is required for operation of repair garages and automotive, marine and fleet motor fuel-dispensing facilities.
105.6.40 Rooftop Heliports. An operational permit is required for the operation of a rooftop heliport.
105.6.41 Spraying or Dipping. An operational permit is required to conduct a spraying or dipping operation utilizing flammable or combustible liquids or the application of combustible powders regulated by Chapter 24.
105.6.42 Storage of Scrap Tires and Tire Byproducts. An operational permit is required to establish, conduct or maintain storage of scrap tires and tire byproducts that exceed 2,500 cubic feet (71m3) of total volume of scrap tires and for indoor storage of tires and tire byproducts.
105.6.43 Temporary Membrane Structures and Tents. An operational permit is required to operate an air-supported temporary membrane structure or a tent having an area in excess of 400 square feet (37 m2).
Exceptions:
1. Tents used exclusively for recreational camping purposes.
2. Tents open on all sides, which comply with all of the following:
2.1.Individual tents having a maximum size of 700 square feet (65 m2).
2.2.The aggregate area of multiple tents placed side by side without a fire break clearance of not less than 12 feet (3658 mm) shall not exceed 700 square feet (65 m2) total.
2.3.A minimum clearance of 12 feet (3658 mm) to structures and other tents shall be provided.
105.6.44 Tire-Rebuilding Plants. An operational permit is required for the operation and maintenance of a tire-rebuilding plant.
105.6.45 Waste Handling. An operational permit is required for the operation of wrecking yards, junk yards and waste material-handling facilities.
105.6.46 Wood Products. An operational permit is required to store chips, hogged material, lumber or plywood in excess of 200 cubic feet (6 m3).
105.6.47 Emergency Responder Radio Coverage Systems. An operational permit is required for the installation and use of emergency responder radio coverage systems and related equipment.