Regl. 9049, art. 107-104 dup2
GENERAL AUTHORITY AND RESPONSIBILITIES
Length: 7,685 wordsOfficial source
Cite as Reglamento Núm. 9049, Art. 107-104 dup2
[A]104.1 General. The fire code official is hereby authorized to enforce the provisions of this
code. The fire code official shall have the authority to render interpretations of this code and to
adopt policies, procedures, rules and regulations in order to clarify the application of its provisions.
Such interpretations, policies, procedures, rules and regulations shall be in compliance with the
intent and purpose of this code. Such policies, procedures, rules and regulations shall not have the
effect of waiving requirements specifically provided for in this code.
[A]104.2 Applications and permits. The fire code official is authorized to receive applications,
review construction documents and issue permits for construction regulated by this code, issue
permits for operations regulated by this code, inspect the premises for which such permits have
been issued and enforce compliance with the provisions of this code.
[A]104.3 Right of entry. Where it is necessary to make an inspection to enforce the provisions of
this code, or where the fire code official has reasonable cause to believe that there exists in a
building or on any premises any conditions or violations of this code that make the building or
premises unsafe, dangerous or hazardous, the fire code official shall have the authority to enter
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the building or premises at all reasonable times to inspect or to perform the duties imposed on the
fire code official by this code. If such building or premises is occupied, the fire code official shall
present credentials to the occupant and request entry. If such building or premises is unoccupied,
the fire code official shall first make a reasonable effort to locate the owner, the owner's
authorized agent or other person having charge or control of the building or premises and request
entry. If entry is refused, the fire code official has recourse to every remedy provided by law to
secure entry.
[A]104.4 Identification. The fire code official shall carry proper identification when inspecting
structures or premises in the performance of duties under this code.
[A]104.5 Notices and orders. The fire code official is authorized to issue such notices or orders as
are required to affect compliance with this code in accordance with Sections 110.1 and 110.2. and
in accordance of the provisions established in the Act 20-2017.
[A]104.6 Official records. The fire code official shall keep official records as required by Sections
104.6.1 through 104.6.4. Such official records shall be retained for the period required for
retention of public records or for as long as the structure or activity to which such records relate
remains in existence, unless otherwise provided by other regulations.
[A]104.6.1 Approvals. A record of approvals shall be maintained by the fire code official and
shall be available for public inspection during business hours in accordance with applicable
laws.
[A]104.6.2 Inspections. The fire code official shall keep a record of each inspection made,
including notices and orders issued, showing the findings and disposition of each.
104.6.3 Fire records. The fire department shall keep a record of fires occurring within its
jurisdiction and of facts concerning the same, including statistics as to the extent of such fires
and the damage caused thereby, together with other information as required by the fire code
official.
[A]104.6.4 Administrative. Application for modification, alternative methods or materials
and the final decision of the fire code official shall be in writing and shall be officially recorded
in the permanent records of the fire code official.
[A]104.7 Approved materials and equipment. Materials, equipment and devices approved by
the fire code official shall be constructed and installed in accordance with such approval.
[A]104.7.1 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.
[A]104.7.2 Technical assistance. To determine the acceptability of technologies, processes,
products, facilities, materials and uses attending the design, operation or use of a building or
premises subject to inspection by the fire code official, the fire code official is authorized to
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require the owner or owner's authorized agent to provide, without charge to the jurisdiction,
a technical opinion and report. The opinion and report shall be prepared by a qualified engineer,
specialist, laboratory or fire safety specialty organization acceptable to the fire code official
and shall analyze the fire safety properties of the design, operation or use of the building or
premises and the facilities and appurtenances situated thereon, to recommend necessary
changes. The fire code official is authorized to require design submittals to be prepared by, and
bear the stamp of, a registered design professional.
[A]104.8 Modifications. Where there are practical difficulties involved in carrying out the
provisions of this code, the fire code official shall have the authority to grant modifications for
individual cases, provided that the fire code official shall first find that special individual reason
makes the strict letter of this code impractical and the modification is in compliance with the intent
and purpose of this code and that such modification does not lessen health, life and fire safety
requirements. The details of action granting modifications shall be recorded and entered in the
files of the department of fire prevention.
[A]104.9 Alternative materials, design and methods of construction and equipment. The
provisions of this code are not intended to prevent the installation of any material or to prohibit
any design or method of construction not specifically prescribed by this code, provided that any
such alternative has been approved. An alternative material, design or method of construction
shall be approved where the fire code official finds that the proposed design is satisfactory and
complies with the intent of the provisions of this code, and that the material, method or work
offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in
quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative
material, design or method of construction is not approved, the fire code official shall respond in
writing, stating the reasons why the alternative was not approved.
[A]104.9.1 Research reports. Supporting data, where necessary to assist in the approval of
materials or assemblies not specifically provided for in this code, shall consist of valid research
reports from approved sources.
[A]104.9.2 Tests. Where there is insufficient evidence of compliance with the provisions of
this code, or evidence that a material or method does not conform to the requirements of this
code, or in order to substantiate claims for alternative materials or methods, the fire code
official shall have the authority to require tests as evidence of compliance to be made without
expense to the jurisdiction. Test methods shall be as specified in this code or by other
recognized test standards. In the absence of recognized and accepted test methods, the fire
code official shall approve the testing procedures. Tests shall be performed by an approved
agency. Reports of such tests shall be retained by the fire code official for the period required
for retention of public records.
104.10 Fire investigations. The fire code official, the fire department or other responsible
authority shall have the authority to investigate the cause, origin and circumstances of any fire,
explosion or other hazardous condition. Information that could be related to trade secrets or
processes shall not be made part of the public record, except as directed by a court of law.
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104.10.1 Assistance from other agencies. Police and other enforcement agencies shall have
authority to render necessary assistance in the investigation of fires when requested to do so.
104.11 Authority at fires and other emergencies. The fire chief or officer of the fire department
in charge at the scene of a fire or other emergency involving the protection of life or property, or
any part thereof, shall have the authority to direct such operation as necessary to extinguish or
control any fire, perform any rescue operation, investigate the existence of suspected or reported
fires, gas leaks or other hazardous conditions or situations, or take any other action necessary in
the reasonable performance of duty. In the exercise of such power, the fire chief is authorized to
prohibit any person, vehicle, vessel or thing from approaching the scene, and is authorized to
remove, or cause to be removed or kept away from the scene, any vehicle, vessel or thing that
could impede or interfere with the operations of the fire department and, in the judgment of the
fire chief, any person not actually and usefully employed in the extinguishing of such fire or in
the preservation of property in the vicinity thereof.
104.11.1 Barricades. The fire chief or officer of the fire department in charge at the scene of
an emergency is authorized to place ropes, guards, barricades or other obstructions across any
street, alley, place or private property in the vicinity of such operation so as to prevent accidents
or interference with the lawful efforts of the fire department to manage and control the situation
and to handle fire apparatus.
104.11.2 Obstructing operations. Persons shall not obstruct the operations of the fire
department in connection with extinguishment or control of any fire, or actions relative to
other emergencies, or disobey any lawful command of the fire chief or officer of the fire
department in charge of the emergency, or any part thereof, or any lawful order of a police
officer assisting the fire department.
104.11.3 Systems and devices. Persons shall not render a system or device inoperative during
an emergency unless by direction of the fire chief or fire department official in charge of the
incident.
SECTION 105 - PERMITS
[A]105.1 General. Permits shall be in accordance with Sections 105.1.1 through 105.7.25.
[A]105.1.1 Permits required. A property owner or owner's authorized agent who intends to
conduct an operation or business, or install or modify systems and equipment that are
regulated by this code, or to cause any such work to be performed, shall first make application
to the fire code official and obtain the required permit.
105.1.2 Types of permits. There shall be two types of permits as follows:
1. Operational permit. 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:
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1.1. A prescribed period.
1.2. Until renewed or revoked.
2. Construction permit. A construction permit allows the applicant to install or modify
systems and equipment for which a permit is required by Section 105.7.
105.1.3 Multiple permits for the same location. Where more than one permit is required for
the same location, the fire code official is authorized to consolidate such permits into a single
permit provided that each provision is listed in the permit.
[A]105.1.4 Emergency repairs. Where equipment replacement and repairs must be
performed in an emergency situation, the permit application shall be submitted within the
next working business day to the fire code official.
[A]105.1.5 Repairs. Application or notice to the fire code official is not required for ordinary
repairs to structures, equipment or systems. Such repairs shall not include the cutting away of
any wall, partition or portion thereof, the removal or change of any required means of egress,
or rearrangement of parts of a structure affecting the egress requirements; nor shall any repairs
include addition to, alteration of, replacement or relocation of any standpipe, fire protection
water supply, automatic sprinkler system, fire alarm system or other work affecting fire
protection or life safety.
[A]105.1.6 Annual permit. Instead of an individual construction permit for each alteration to
an already approved system or equipment installation, the fire code official is authorized to
issue an annual permit on application therefor to any person, firm or corporation regularly
employing one or more qualified tradespersons in the building, structure or on the premises
owned or operated by the applicant for the permit.
[A]105.1.6.1 Annual permit records. The person to whom an annual permit is issued
shall keep a detailed record of alterations made under such annual permit. The fire code
official shall have access to such records at all times or such records shall be filed with the
fire code official as designated.
[A]105.2 Application. Application for a permit required by this code shall be made to the fire
code official in such form and detail as prescribed by the fire code official. Applications for permits
shall be accompanied by such plans as prescribed by the fire code official, as established in the
Joint Regulation.
[A]105.2.1 Refusal to issue permit. If the application for a permit describes a use that does
not conform to the requirements of this code and other pertinent laws and ordinances, the fire
code official shall not issue a permit.
[A]105.2.2 Inspection authorized. Before a new operational permit is approved, the fire code
official is authorized to inspect the receptacles, vehicles, buildings, devices, premises, storage
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spaces or areas to be used to determine compliance with this code or any operational
constraints required.
[A]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 as established by the Joint
Regulation, unless such application has been diligently prosecuted or a permit shall have been
issued; except that the fire code official is authorized to grant one or more extensions of time.
The extension shall be requested in writing and justifiable cause demonstrated.
[A]105.2.4 Action on application. The fire 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 fire code official shall reject such application. If the fire code official is
satisfied that the proposed work or operation conforms to the requirements of this code and
laws and ordinances applicable thereto, the fire code official shall issue a permit therefor as
soon as practicable.
[A]105.3 Conditions of a permit. A permit shall constitute permission to maintain, store or
handle materials; or to conduct processes that 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 this code where a permit is required by Section 105.6
or 105.7. Such permission shall not be construed as authority to violate, cancel or set aside any of
the provisions of this code or other applicable regulations or laws of the jurisdiction.
[A]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. Construction permits shall
automatically become invalid unless the work authorized by such permit is commenced as
established by the Joint Regulation, or if the work authorized by such permit is suspended or
abandoned, as established by the Joint Regulation. Before such work recommences, a new
permit shall be first obtained and the fee to recommence work, if any, shall be one-half the
amount required for a new permit for such work, provided that changes have not been made
and will not be made in the original construction documents for such work, and provided
further that such suspension or abandonment has not exceeded one year. Permits are not
transferable and any change in occupancy, operation, tenancy or ownership shall require that
a new permit be issued.
[A]105.3.3 Occupancy prohibited before approval. The building or structure shall not be
occupied prior to the fire code official issuing a permit and conducting associated inspections
indicating the applicable provisions of this code have been met.
[A]105.3.4 Conditional permits. Where permits are required and on the request of a permit
applicant, the fire 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 fire
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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.
[A]105.3.5 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 fire code official.
[A]105.3.6 Compliance with 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 this code or of
any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel
the provisions of this code or other ordinances of the jurisdiction shall not be valid. The
issuance of a permit based on construction documents and other data shall not prevent the fire
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 fire code official, as evidenced by the issuance of a new or amended permit.
[A]105.3.7 Information on the permit. The fire code official shall issue all permits required
by this 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 fire code official. Issued permits shall bear the signature of the fire code
official or other approved legal authorization.
[A]105.3.8 Validity of permit. 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 this code or of any
other ordinances of the jurisdiction. Permits presuming to give authority to violate or cancel
the provisions of this code or other ordinances of the jurisdiction shall not be valid. The
issuance of a permit based on construction documents, operational documents and other data
shall not prevent the fire code official from requiring correction of errors in the documents or
other data.
[A] 105.4 Construction documents. Construction documents shall be in accordance with
Sections 105.4.1 through 105.4.6.
[A]105.4.1 Submittals. Construction documents and supporting data shall be submitted in
digital form with each application for a permit and in such form and detail as required by the
fire code official, as established by the Joint Regulation. The construction documents shall be
prepared by a registered design professional where required by the statutes of the jurisdiction
in which the project is to be constructed.
Exception: The fire code official is authorized to waive the submission of construction
documents and supporting data not required to be prepared by a registered design
professional if it is found that the nature of the work applied for is such that review of
construction documents is not necessary to obtain compliance with this code.
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[A]105.4.1.1 Examination of documents. The fire code official shall examine or cause to
be examined the accompanying construction documents and shall ascertain by such
examinations whether the work indicated and described is in accordance with the
requirements of this code.
[A]105.4.2 Information on construction documents. Construction documents shall be
drawn to scale on suitable material. Electronic media documents are allowed to be submitted
where approved by the fire code official. Construction documents shall be of sufficient clarity
to indicate the location, nature and extent of the work proposed and show in detail that it will
conform to the provisions of this code and relevant laws, ordinances, rules and regulations as
determined by the fire code official.
[A]105.4.2.1 Fire protection system shop drawings. Shop drawings for the fire
protection system(s) shall be submitted to indicate compliance with this code and the
construction documents, and shall be approved prior to the start of installation. Shop
drawings shall contain all information as required by the referenced installation standards
in Chapter 9.
[A]105.4.3 Applicant responsibility. It shall be the responsibility of the applicant to ensure
that the construction documents include all of the fire protection requirements and the shop
drawings are complete and in compliance with the applicable codes and standards.
[A]105.4.4 Approved documents. Construction documents approved by the fire code official
are approved with the intent that such construction documents comply in all respects with this
code. Review and approval by the fire code official shall not relieve the applicant of the
responsibility of compliance with this code.
[A]105.4.4.1 Phased approval. The fire code official is authorized to issue a permit for
the construction of part of a structure, system or operation before the construction
documents for the whole structure, system or operation have been submitted, provided that
adequate information and detailed statements have been filed complying with pertinent
requirements of this code. The holder of such permit for parts of a structure, system or
operation shall proceed at the holder's own risk with the building operation and without
assurance that a permit for the entire structure, system or operation will be granted.
[A]105.4.5 Amended construction documents. Work shall be installed in accordance with
the approved construction documents, and any changes made during construction that are
not in compliance with the approved construction documents shall be resubmitted for approval
as an amended set of construction documents.
[A]105.4.6 Retention of construction documents. One digital set of construction documents
shall be retained by the fire code official, as established by the Joint Regulation. One digital
set of approved construction documents shall be returned to the applicant, and a printed set
shall be kept on the site of the building or work at all times during which the work authorized
thereby is in progress.
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[A]105.5 Revocation. The fire code official is authorized to revoke a permit issued under the
provisions of this code where it is found by inspection or otherwise that there has been a false
statement or misrepresentation as to the material facts in the application or construction documents
on which the permit or approval was based including, but not limited to, any one of the following:
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. Conditions and limitations set forth in the permit have been violated.
4. There have been any false statements or misrepresentations as to the material fact in the
application for permit or plans submitted or a condition of the permit.
5. The permit is used by a different person or firm than the name for which it was issued.
6. The permittee failed, refused or neglected to comply with orders or notices duly served in
accordance with the provisions of this code within the time provided therein.
7. The permit was issued in error or in violation of an ordinance, regulation or this code.
105.6 Required operational permits. The fire code official is authorized to issue operational
permits for the operations set forth in Sections 105.6.1 through 105.6.50.
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 a Group H or Group S
occupancy for aircraft servicing or repair and aircraft fuel-servicing vehicles. Additional
permits required by other sections of this code include, but are not limited to, hot work,
hazardous materials and flammable 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.
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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.
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TABLE 105.6.8
PERMIT AMOUNTS FOR COMPRESSED GASES
AMOUNT
TYPE OF GAS
(cubic feet at NTP)
Carbon dioxide used in carbon dioxide enrichment systems
875 (100 lbs.)
Carbon dioxide used in insulated liquid carbon dioxide beverage dispensing applications
875 (100 lbs.)
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 and open 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
INSIDE
OUTSIDE
TYPE OF CRYOGENIC FLUID
BUILDING
BUILDING (gallons)
(gallons)
Flammable
More than 1
60
Inert
60
500
Oxidizing (includes oxygen)
10
50
Physical or health hazard not indicated above
Any Amount
Any Amount
105.6.11 Cutting and welding. An operational permit is required to conduct cutting or
welding operations within the jurisdiction.
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105.6.12 Dry cleaning. 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 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 5606.
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 that are installed on water systems
and provided with ready access from 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 offsite transportation in
pipelines regulated by the Department of Transportation (DOTn) 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 fire code official, would cause an unsafe condition.
2.2. The storage or use of paints, oils, varnishes or similar flammable mixtures where
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 oilburning 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.
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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 in accordance
with Section 5706.5.4 or to engage in on-demand mobile fueling operations in
accordance with Section 5707.
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 in accordance with Section
5706.5.4 or, where required by the fire code official, to utilize a site for on-demand
mobile fueling operations in accordance with Section5707.
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 fruitor cropripening facility or conduct a fruit-ripening process using ethylene gas.
105.6.19 Fumigation and insecticidal fogging. An operational permit is required to operate a
business of fumigation or 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.
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TABLE 105.6.20
PERMIT AMOUNTS FOR HAZARDOUS MATERIAL
TYPE OF MATERIAL
AMOUNT
Toxic materials
Combustible liquids
See Section 105.6.17
Gases
See Section 105.6.9
Liquids
Corrosive materials
10 gallons
Solids
Gases
See Section 105.6.9
100 pounds
Liquids
55 gallons
Solids
1000 pounds
Unstable (reactive) materials
Liquids
Class 4
See Section 105.6.15
Any Amount
Explosive materials
Class 3
Any Amount
Flammable materials
Class 2
5 gallons
Gases
See Section 105.6.9
Class 1
10 gallons
Liquids
See Section 105.6.17
Solids
Solids
100 pounds
Class 4
Any Amount
Class 3
Any Amount
Class 2
Highly toxic materials
50 pounds
Gases
See Section 105.6.9
Class 1
100 pounds
Liquids
Any Amount
Solids
Any Amount
Water-reactive materials
Organic peroxides
Liquids
Liquids
Class 3
Any Amount
Class I
Class 2
Any Amount
5 gallons
Class II
Class 1
Any Amount
55 gallons
Class III
Solids
1 gallon
Class IV
Class 3
2 gallons
Any Amount
Class V
Class 2
No Permit Required
50 pounds
Class 1
500 pounds
Solids
Class I
Any Amount
Class II
Any Amount
Class III
10 pounds
Class IV
20 pounds
For SI: 1 gallon = 3.785 L, 1 pound = 0.454 kg.
a. 20 gallons where Table 5003.1.1(1) Note k applies and hazard identification signs in
Class V
No Permit Required
accordance with Section 5003.5 are provided for quantities of 20 gallons or less.
b. 200 pounds where 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.
Oxidizing materials
Gases
See Section 105.6.9
Liquids
Class 4
Any Amount
Class 3
1 gallons a
Class 2
10 gallons
Class 1
55 gallons
Solids
Class 4
Any Amount
Class 3
10 pounds b
Class 2
100 pounds
Class 1
500 pounds
Pyrophoric materials
Gases
Any Amount
Liquids
Any Amount
Solids
Any Amount
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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 with more than 500 square feet (46 m²), including aisles, of high piled storage.
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 construction permit.
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. Where approved, the fire 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. An operational permit is required for:
1. Storage and use of LP-gas.
Exception: A permit is not required for individual containers with a 500-gallon (1893
L) water capacity or less or multiple container systems having an aggregate quantity
not exceeding 500 gallons (1893 L), serving occupancies in Group R-3.
2. Operation of cargo tankers that transport LP-gas.
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 on any premises in excess of 2,500 cubic feet (71 m³) gross volume of
combustible empty packing cases, boxes, barrels or similar containers, combustible pallets,
rubber tires, rubber, cork or similar combustible material.
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105.6.30 Mobile food preparation vehicles. A permit is required for mobile food preparation
vehicles equipped with appliances that produce smoke or grease-laden vapors.
105.6.31 Motor fuel-dispensing facilities. An operational permit is required for the operation
of automotive, marine and fleet motor fuel-dispensing facilities.
105.6.32 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.
105.6.33 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.
105.6.34 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.
105.6.35 Organic coatings. An operational permit is required for any organic-coating
manufacturing operation producing more than 1 gallon (4L) of an organic coating in one day.
[A]105.6.36 Outdoor assembly event. An operational permit is required to conduct an
outdoor assembly event where planned attendance exceeds 1,000 persons.
105.6.37 Places of assembly. An operational permit is required to operate a place of assembly.
[A]105.6.38 Plant extraction systems. An operational permit is required to use plant
extraction systems.
105.6.39 Private fire hydrants. An operational permit is required for the removal from
service, use or operation of private fire hydrants.
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.
105.6.40 Pyrotechnic special effects material. An operational permit is required for use and
handling of pyrotechnic special effects material.
105.6.41 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.
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105.6.42 Refrigeration equipment. An operational permit is required to operate a
mechanical refrigeration unit or system regulated by Chapter 6.
105.6.43 Repair garages and motor fuel-dispensing facilities. An operational permit is
required for operation of repair garages.
105.6.44 Rooftop heliports. An operational permit is required for the operation of a rooftop
heliport.
105.6.45 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.
105.6.46 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 exceeds 2,500
cubic feet (71 m³) of total volume of scrap tires, and for indoor storage of tires and tire
byproducts.
105.6.47 Temporary membrane structures and tents. An operational permit is required to
operate an air-supported temporary membrane structure, a temporary special event 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.
105.6.48 Tire-rebuilding plants. An operational permit is required for the operation and
maintenance of a tire rebuilding plant.
105.6.49 Waste handling. An operational permit is required for the operation of wrecking
yards, junk yards and waste material-handling facilities.
105.6.50 Wood products. An operational permit is required to store chips, hogged material,
lumber or plywood in excess of 200 cubic feet (6 m³).
[A]105.7 Required construction permits. The fire code official is authorized to issue
construction permits for work as set forth in Sections 105.7.1 through 105.7.25.
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[A]105.7.1 Automatic fire-extinguishing systems. A construction permit is required for
installation of or modification to an automatic fire-extinguishing system. Maintenance
performed in accordance with this code is not considered to be a modification and does not
require a permit.
[A]105.7.2 Battery systems. A construction permit is required to install stationary storage
battery systems regulated by Section 1206.2.
[A]105.7.3 Capacitor energy storage systems. A construction permit is required to install
capacitor energy storage systems regulated by Section 1206.3.
[A]105.7.4 Compressed gases. Where the compressed gases in use or storage exceed the
amounts listed in Table 105.6.9, a construction 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:
1. Routine maintenance.
2. For emergency repair work performed on an emergency basis, application for permit
shall be made within two working days of commencement of work.
[A]105.7.5 Cryogenic fluids. A construction 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 105.6.10. Maintenance performed in accordance with this code is
not considered to be an alteration and does not require a construction permit.
[A]105.7.6 Emergency responder radio coverage system. A construction permit is required
for installation of or modification to emergency responder radio coverage systems and related
equipment. Maintenance performed in accordance with this code is not considered to be a
modification and does not require a construction permit.
[A]105.7.7 Fire alarm and detection systems and related equipment. A construction permit
is required for installation of or modification to fire alarm and detection systems and related
equipment. Maintenance performed in accordance with this code is not considered to be a
modification and does not require a construction permit.
[A]105.7.8 Fire pumps and related equipment. A construction permit is required for
installation of or modification to fire pumps and related fuel tanks, jockey pumps, controllers
and generators. Maintenance performed in
accordance with this code is not considered to be a modification and does not require a
construction permit.
[A]105.7.9 Flammable and combustible liquids. A construction permit is required:
1. To install, repair or modify a pipeline for the transportation of flammable or
combustible liquids.
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2. To install, construct or alter 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.
3. To install, alter, remove, abandon or otherwise dispose of a flammable or combustible
liquid tank.
[A]105.7.10 Fuel cell power systems. A construction permit is required to install stationary
fuel cell power systems.
[A]105.7.11 Gas detection systems. A construction permit is required for the installation of
or modification to gas detection systems. Maintenance performed in accordance with this code
is not considered a modification and shall not require a permit.
[A]105.7.12 Gates and barricades across fire apparatus access roads. A construction
permit is required for the installation of or modification to a gate or barricade across a fire
apparatus access road.
[A]105.7.13 Hazardous materials. A construction 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 105.6.20.
Exceptions:
1. Routine maintenance.
2. For repair work performed on an emergency basis, application for permit shall be
made within two working days of commencement of work.
[A]105.7.14 High-piled combustible storage. A construction permit is required for the
installation of or modification to a structure exceeding 500 square feet (46 m²), including
aisles, for high-piled combustible storage. Maintenance performed in accordance with this code
is not considered to be a modification and does not require a construction permit.
[A]105.7.15 Industrial ovens. A construction permit is required for installation of industrial
ovens covered by Chapter 30.
Exceptions:
1. Routine maintenance.
2. For repair work performed on an emergency basis, application for permit shall be
made within two working days of commencement of work.
[A]105.7.16 LP-gas. A construction 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.
646
[A]105.7.17 Motor vehicle repair rooms and booths. A construction permit is required to
install or modify a motor vehicle repair room or booth. Maintenance performed in accordance
with this code is not considered to be a modification and does not require a permit.
[A]105.7.18 Plant extraction systems. A construction permit is required for installation of or
modification to plant extraction systems. Maintenance performed in accordance with this code
is not considered to be a modification and does not require a permit.
[A]105.7.19 Private fire hydrants. A construction permit is required for the installation or
modification of private fire hydrants. Maintenance performed in accordance with this code is
not considered to be a modification and does not require a permit.
[A]105.7.20 Smoke control or smoke exhaust systems. Construction permits are required
for installation of or alteration to smoke control or smoke exhaust systems. Maintenance
performed in accordance with this code is not considered to be an alteration and does not
require a permit.
[A]105.7.21 Solar photovoltaic power systems. A construction permit is required to install
or modify solar photovoltaic power systems. Maintenance performed in accordance with this
code is not considered to be a modification and does not require a permit.
[A]105.7.22 Special event structure. A single construction permit is required to erect and
take down a temporary special event structure.
[A]105.7.23 Spraying or dipping. A construction permit is required to install or modify a
spray room, dip tank or booth. Maintenance performed in accordance with this code is not
considered to be a modification and does not require a permit.
[A]105.7.24 Standpipe systems. A construction permit is required for the installation,
modification or removal from service of a standpipe system. Maintenance performed in
accordance with this code is not considered to be a modification and does not require a permit.
[A]105.7.25 Temporary membrane structures and tents. A construction permit is required
to erect an air-supported temporary membrane structure, a temporary stage canopy or a tent
having an area in excess of 400 square feet (37 m²).
Exceptions:
1. Tents used exclusively for recreational camping purposes.
2. Funeral tents and curtains, or extensions attached thereto, when used for funeral
services.
3. Tents and awnings open on all sides, which comply with all of the following:
3.1. Individual tents shall have a maximum size of 700 square feet (65 m²).
3.2. 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.
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3.3. A minimum clearance of 12 feet (3658 mm) to structures and other tents shall
be maintained.