N.D. Admin. Code 45-18-01-04

Current through Supplement No. 395, January, 2025

Section 45-18-01-04 - Fire prevention rules

The fire prevention rules for this state include the following:

Fire code. The State Fire Code includes:

1. The provisions of the State Building Code, effective January 1, 2023, providing for fire-safe construction and operation, as provided for in North Dakota Century Code section 54-21.3-03.

2. The provisions of the International Fire Code (IFC), 2021 edition International Code Council (ICC), with the following exceptions and modifications:

a. Chapter 1. Scope and administration.

101.1 Title. The words "[NAME OF JURISDICTION]" are replaced with "North Dakota".

102.4 Application of building code. Insert "as amended by the State of North Dakota" after the words "International Building Code" in both instances.

103.1 Creation of agency. The words "[INSERT NAME OF DEPARTMENT]" is replaced with "North Dakota fire marshals division".

105.1.1 Permits required. The words "obtain the required permit" are replaced with "may be required to obtain a permit".

106.4 Retention of construction documents. Remove the words "One set of approved construction documents shall be returned to the applicant, and said set shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress."

112.4 Violation penalties. Does not apply.

b. Chapter 2. Definitions.

Commercial motor vehicle. Commercial motor vehicle is amended to read as follows: "Refer to North Dakota Century Code section 39-06.2-02 for commercial motor vehicle definition."

Fireworks. Fireworks is amended to read as follows: "Refer to North Dakota Century Code chapter 23-15 for the fireworks definition."

Residential child care building. For the purposes of child care fire safety inspections, a residential child care building is defined as a maximum of 30 children in a building designed for residential purposes (i.e. single family dwelling, single apartment, etc.).

Commercial child care or preschool building. For the purposes of child care fire safety inspections, a commercial child care or preschool building is defined as any building licensed for over 30 children, or any building designed for commercial purpose regardless of the number of occupants.

c. Chapter 3. General requirements.

308.1.4 Open-flame cooking devices. Insert "or decks" after the word "balconies".

Exception 3. The words "2 1/2 pounds [nominal 1 pound (0.454 kg)" is replaced with "47.8 pounds [nominal 20 pounds (9 kg)".

308.1.6.3 Sky lanterns. Does not apply.

308.3 Group A occupancies. Exception 1. The following is added: "1.4 Open-flame devices for food warming."

314.4 Vehicles. Insert "Batteries may remain connected if keys are not in ignition system." immediately after subsection 1's "safety features." as a subsection a. Delete "Fuel in fuel tanks does not exceed one-quarter tank or 5 gallons (19 L) (whichever is least)" and renumber accordingly.

d. Chapter 5. Fire service features.

510.1 Emergency responder radio coverage in new buildings. In the first sentence, replace "New" with "Where required by the fire code official, new".

e. Chapter 8. Interior finishes.

806.1.1 Restricted occupancies. Insert the following exception:

3." For purposes of this provision, churches shall not be deemed public buildings and may utilize natural or resin-bearing cut trees in the alter area of the church. No electric lighting is allowed on the tree."

f. Chapter 9. Fire protection and life safety systems.

903.2.8 Group R. The following exception is added: after "fire area." add "Exception: Sprinklers are not required in single family dwellings or residential buildings that contain no more than two dwelling units and no higher risk occupancy within the same building."

903.3.1.1.1 Exempt locations is amended by adding the following exception:

7." Elevator machine room and machinery spaces. Where sprinklers are not installed in elevator machine rooms, shunt trip required in accordance with IBC 3005.5 shall not be installed."

903.3.5 Water supplies. After the words "fire code official." add "Underground water supply piping shall be constructed of a material allowed by the North Dakota State Plumbing Code and shall be allowed to extend into the building through the slab or wall not more than 24 inches."

905.1.1 Standpipe hose. Add the following "The installation of the fire hose on standpipes may be omitted when approved by the fire code official. Approved standpipe hose valves and connections shall be provided where required."

907.8.3 Fire alarm system interface. Delete this paragraph in its entirety.

g. Chapter 10. Means of egress.

1009.8.1 System requirements. After the words "monitoring location" delete the words "or 9-1-1".

1103.5.1 Group A-2. After the word "Where" remove the words "alcoholic beverages are consumed" and immediately add the words "a state liquor license is applied for or, renewed or in-place".

h. Chapter 23. Wood.

2301.1 Scope. After the words "in accordance with this chapter and" insert the words "/or". After the words "International Mechanical Code" insert the words "NFPA 30 and NFPA 30A."

i. Chapter 61. Liquefied petroleum gases.

6101.3 Construction documents. After the word "Where" delete "a single LP gas container is more than 2,000 gallons (750 L) in water capacity or".

6108.1 General. After the words "(15,140 L)" insert "at the request of the AHJ".

N.D. Admin Code 45-18-01-04

Adopted by Administrative Rules Supplement 2023-391, January 2024, effective 1/1/2024.

General Authority: NDCC 18-01-04, 18-01-33, 18-09-02, 23-15-03

Law Implemented: NDCC 18-01-02, 18-01-04, 18-01-33, 18-09-02, 23-15-03