Strike Section 105 of the International Fire Code in its entirety and insert a new Section 105 in the Fire Code in its place to read as follows:
General. Permits shall be in accordance with Sections 105.1.1 through 105.6.47.
Permits Required. Permits required by the Fire Code shall be obtained by the owner or owner's authorized agent 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.
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:
Installation Permits.An installation permit allows the applicant to install systems or equipment involving flammable or combustible liquids or material for which a permit is required by Section 105.7.
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.
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:
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 or other documents as prescribed by the code official.
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.
Inspection Authorized. Before a new operational permit is approved, the code official is authorized to inspect the receptacles, vehicles, buildings, devices, premises, equipment, storage spaces or areas to be used to determine compliance with the Fire Code or any operational constraints required.
Time Limitation of Application. An application for a permit for any proposed work or operation shall be deemed to have been abandoned by the applicant 180 days after the date of filing, unless such application has been pursued in good faith 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 demonstrate justifiable cause for the extension
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.
Conditions of a Permit.Where a permit is required by Sections 105.6 or 105.7, the permit shall constitute permission, as applicable:
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.
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.
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.
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.
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.
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.
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 an d 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.
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:
Effective date of revocations. Revocations based on Section 105.4 shall become final upon occurrence of one of the following conditions:
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.
Approved materials and equipment. All materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval.
Material and equipment reuse. Materials, equipment and devices shall not be reused or reinstalled unless such elements have been reconditioned, tested and placed in good and proper working condition and approved.
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.
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.
Amusement Buildings. An operational permit is required to operate a special amusement building.
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.
Carbon dioxide systems used in beverage dispensing applications. An operational permit is required for carbon dioxide systems used in beverage dispending applications having more than 100 pounds of carbon dioxide.
Carnivals and Fairs. An operational permit is required to conduct a carnival or fair.
Cellulose Nitrate Film. An operational permit is required to store, handle or use cellulose nitrate film in a Group A occupancy.
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.
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.
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 105.6.9 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 asphyxianta | 6,000 |
Oxidizing (including oxygen) | 504 |
Pyrophoric | Any amount |
Toxic | Any amount |
For SI: 1 cubic foot = 0.02832 m3
For carbon dioxide used in beverage dispensing applications, See Section 105.6.4.
Covered Mall Buildings. An operational permit is required for:
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 105.6.11 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
Cutting and Welding. An operational permit is required to conduct cutting or welding operations in the District of Columbia.
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 drycleaning equipment.
Exhibits and trade shows. An operational permit is required to operate exhibits and trade shows.
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 56.
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.
Fire Hydrants and Valves. A DC Water 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 the fire department or for fire hydrant operations performed by or on behalf of DC Water or an agency of the District of Columbia government.
Flammable and Combustible Liquids. An operational permit is required:
Exception: Fuel oil and used motor oil used for space heating or water heating.
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.
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.
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.
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 105.6.21.
TABLE 105.6.21 PERMIT AMOUNTS FOR HAZARDOUS MATERIALS
TYPE OF MATERIAL | AMOUNT |
Combustible liquids | See Section 105.6.17 |
Corrosive materials Gases Liquids Solids | See Section 105.6.9 55 gallons 1,000 pounds |
Explosive materials | See Section 105.6.9 |
Flammable materials Gases Liquids | See Section 105.6.9 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 gallona |
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 105.6.9 |
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 = 0.454 kg
HPM Facilities. An operational permit is required to store, handle or use hazardous production materials.
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).
Hot Work Operations. An operational permit is required for hot work including, but not limited to:
Exception: Work that is conducted under a permit issued by the Department of Consumer and Regulatory Affairs pursuant to Section 105, Title 12-A DCMR.
Industrial Ovens. An operational permit is required for operation of industrial ovens regulated by Chapter 30.
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).
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.
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:
Empty containers which have been used in LP- gas service and partially filled containers shall be considered as a full container.
Magnesium. An operational permit is required to melt, cast, heat treat or grind mo re than 10 pounds (4.54 kg) of magnesium.
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.
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.
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.
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:
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.
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.
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 a private entity with trained maintenance personnel, or a private fire brigade or fire department, to maintain, test and use private hydrants.
Pyrotechnic Special Effects Material. An operational permit is required for use and handling of pyrotechnic special effects material.
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.
Refrigeration Equipment. An operational permit is required to operate a mechanical refrigeration unit or system regulated by Chapter 6.
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.
Rooftop Heliports. An operational permit is required for the operation of a rooftop heliport.
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.
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.
Temporary Membrane Structures and Tents. Activities conducted within a temporary membrane structure or tent are subject to operational permit requirements. An operational permit is not required to operate an air-supported temporary membrane structure or a tent, however, a permit shall be obtained from the building code official in accordance with Section 3103 where required.
Tire-Rebuilding Plants. An operational permit is required for the operation and maintenance of a tire-rebuilding plant.
Waste Handling. An operational permit is required for the operation of wrecking yards, junk yards and waste material- handling facilities.
Wood Products. An operational permit is required to store chips, hogged material, lumber or plywood in excess of 200 cubic feet (6 m3).
Required Installation Permits. The code official is authorized to issue installation permits for work as set forth in Sections 105.7.1 through 105.7.9.
Battery systems.An installation permit is required to install stationary storage battery systems having a liquid capacity of more than 50 gallons (189 L).
Compressed gases.Where the compressed gases in use or storage exceed the amounts listed in Table 105.6.9, an installation permit is required to install, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a compressed gas system.
Exceptions:
Closure of Facilities. The permit applicant shall apply for approval to close storage, use or handling facilities in accordance with Sections 5001.5 and 5001.6.
Cryogenic fluids.An installation permit is required for installation of or alteration to outdoor stationary cryogenic fluid storage systems where the system capacity exceeds the amounts listed in Table 105.6.11. Maintenance performed in accordance with this code is not considered to be an alteration and does not require an installation permit.
Flammable and combustible liquids.An installation permit is required:
Hazardous materials.An installation permit is required to install, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a storage facility or other area regulated by Chapter 50 where the hazardous materials in use or storage exceed the amounts listed in Table 105.6.21.
Exceptions:
LP-gas.An installation permit is required for installation of or modification to an LP-gas system. Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit.
Spraying or dipping. An installation permit is required to install or modify a sprayroom, dip tank or booth.
Tents and Membrane Structures. See Sections 105.6.44 and 3103.
Emergency Radio Responder Coverage Systems. See Section 510.3.
D.C. Mun. Regs. tit. 12, r. 12-H105