Chapter 8.20
FIRE PREVENTION
Sections:
8.20.010 Adoption of Fire Prevention Code.
8.20.030 Fire Prevention Inspection Unit.
8.20.070 Materials, processes, or occupancies requiring permits.
8.20.010 Adoption of Fire Prevention Code.
There is hereby adopted by the Common Council, for the purpose of prescribing the regulations governing conditions hazardous to life and property from fire or explosion, a fire prevention code. The City of Evansville’s Fire Prevention Code adopts and incorporates by reference that code known as the International Fire Code (IFC), 2006 Edition, and the Indiana Fire Code Amendments. Not less than two copies of the code shall be on file in the office of the City Clerk. The code is hereby adopted and incorporated as fully as if set out herein, and from the date on which this chapter shall take effect, the provisions thereof shall be controlling within the limits of the City. [Ord. G-2011-3 § 1, passed 3-30-11; Ord. G-70-18, passed 10-19-70. 1962 Code § 1501.01; 1982 Code § 92.01; 1983 Code § 9.92.01.]
8.20.020 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“Bureau of Fire Prevention,” when used in the Fire Prevention Code, shall be held to mean the Fire Prevention Inspection Unit of the Fire Department.
“Corporation counsel,” when used in the Fire Prevention Code, shall be held to mean the City Attorney.
“Municipality,” when used in the Fire Prevention Code, shall be held to mean the City of Evansville. [1962 Code § 1501.03; 1982 Code § 92.02; 1983 Code § 9.92.02.]
8.20.030 Fire Prevention Inspection Unit.
The Fire Prevention Code shall be enforced by the Fire Prevention Inspection Unit in the Fire Department, under the charge of the Chief Fire Prevention Inspector, and under the supervision of the Chief of the Fire Department. [1962 Code § 1501.02; 1982 Code § 92.03; 1983 Code § 9.92.03.]
8.20.040 Fire limits.
(A) The limits referred to in International Fire Code (IFC), 2006 Edition, Chapter 33, Explosives and Fireworks, in which storage of explosives and blasting agents is prohibited, will be established by the Board of Public Safety. A copy of the limits shall be filed in the office of the City Clerk, together with the copies of this code.
(B) The limits referred to in International Fire Code (IFC), 2006 Edition, Chapter 34, Flammable and Combustible Liquids, in which storage of flammable liquids in outside aboveground tanks is prohibited, will be established by the Board of Public Safety. A copy of the limits shall be filed in the office of the City Clerk, together with the copies of this code.
(C) The limits referred to in International Fire Code (IFC), 2006 Edition, Chapter 27, Hazardous Materials, in which new bulk plants for flammable or combustible liquids are prohibited, will be established by the Board of Public Safety. A copy of the limits shall be filed in the office of the City Clerk, together with the copies of this code.
(D) The limits referred to in International Fire Code (IFC), 2006 Edition, Chapter 38, Liquefied Petroleum Gases, in which bulk storage of liquefied petroleum gas is restricted, will be established by the Board of Public Safety. A copy of the limits shall be filed in the office of the City Clerk together with the copies of this code. [Ord. G-2011-3 § 1, passed 3-30-11; 1962 Code §§ 1501.04, 1501.05, 1501.06; 1982 Code § 92.04; 1983 Code § 9.92.04.]
8.20.050 Modifications.
The Chief of the Fire Department shall have power to modify any of the provisions of the Fire Prevention Code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided the spirit of the code is observed, public safety secured, and substantial justice done. The particulars of the modification when granted or allowed, and the decision of the Chief of the Fire Department thereon, shall be entered on the records of the Fire Department and a signed copy shall be furnished to the applicant. The powers conferred on the Chief of the Fire Department under this section may be delegated by the Chief of the Fire Department to the Chief Fire Prevention Inspector. [1962 Code § 1501.07; 1982 Code § 92.05; 1983 Code § 9.92.05.]
8.20.060 Appeals.
Whenever the Chief of the Fire Department disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the Fire Prevention Code do not apply or that the true intent and meaning of the code has been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the Board of Public Safety within 30 days from the date of the decision appealed. [1962 Code § 1501.08; 1982 Code § 92.06; 1983 Code § 9.92.06.]
8.20.070 Materials, processes, or occupancies requiring permits.
The Board of Public Safety shall determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes, or occupancies which shall require permits, in addition to those now enumerated in the Fire Prevention Code. The Chief of the Fire Department shall post the list in a conspicuous place in his office, and he shall further deliver to the City Clerk two copies of the list to be filed with the copies of the code provided for in EMC 8.20.010. [1962 Code § 1501.09; 1982 Code § 92.07; 1983 Code § 9.92.07.]
8.20.080 Damper inspections.
(A) For purposes of this section a “master heating, ventilation, and air conditioning installer” means a heating, ventilation, and air conditioning contractor who is appropriately trained or otherwise licensed or certified by the International Certification Board (ICB) and American National Standards Institute or other agency approved by the Board of Examiners of HVAC, Steam Fitters, and Refrigeration Installers.
(B) Duct systems shall be maintained free of all obstructions. Duct system damper inspections shall be in compliance with all applicable Federal and State codes and regulations and must be performed by a master heating, ventilating and air conditioner installer or a person acting under the direction and supervision of a master heating, ventilating and air conditioner installer.
(C) The requirements for inspection in this section shall not trigger a requirement of installation or renovation of duct systems or fire dampers in buildings that (1) are not required by building codes to have a duct system or fire dampers, or (2) only allow for limited inspection due to the size or design of the duct system or fire dampers.
(D) Proof of damper inspections shall be maintained at all times on applicable premises which are required by federal and state codes and regulations to have such dampers, with such proof subject to inspection by the Fire Prevention Inspection Unit of the Fire Department. [Ord. G-2017-11 § 1, passed 7-24-17; 1983 Code § 9.92.99.]
8.20.090 Penalty.
Any person who violates any provision of this chapter shall be subject to the penalties set forth in EMC 1.05.180. [Ord. G-2017-11 § 2, passed 7-24-17.]