Ordinance No. 996 Bill No. 74 (1979) An Ordinance

Transcript

ORDINANCE NO. BILL NO. 74 996 (1979) AN ORDINANCE ADOPTING THE UNIFORM FIRE CODE, 1976 EDITION, WITH CERTAIN AMENDMENTS THERETO BE IT ORDAINED BY THE PEOPLE OF THE COUNTY OF MAUI: SECTION 1. Chapter 20 of the Permanent Ordinances of the County of Maui 1971, is hereby amended by adding thereto a new article, pertaining to the adoption of the State Model Fire Code, to be designated and to read as follows: "ARTICLE 3. MODEL FIRE CODE. Sec. 20-3.1. ADOPTION OF THE UNIFORM FIRE CODE. The "Uniform Fire Code, 1976 Edition," as copy- righted and published in 1976 by the Western Fire Chief's Association and the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California, is by reference incorporated herein and made a part hereof, subject to the following amendments: (1) Section 1.101 is amended as follows: "Sec. 1.101. This Code shall be known as the MODEL FIRE CODE, may be cited as such, and will be referred to herein as this "Code"." (2) Section 1.201(i) is amended to read: "(i) Vessels -- As defined in Section 1.424." (3) Section 1.207(a) is amended to read: "(a) The Fire Department shall inspect as often as may be necessary, all buildings and premises, including such other hazards or appliances as the Chief may designate by rules and regulations, for the purpose of ascertaining and causing to be corrected any conditions which would reasonably tend to cause fire or contribute to its spread, or any violation of the purpose or provisions of this Code and of any other law or standard affecting fire safety." (4) Section 1.208(c) is added to read: "(c) NFPA (National Fire Protection Association) Basic Field Incident Report forms shall be used." (5) Section 1.215 is amended to read: "Sec. 1.215. Fire Appeals Board. (a) There is established a fire appeals board as provided by law. (C.132, HRS) (b) The fire appeals board shall consist of five (5) members, who shall be appointed by the mayor with the approval of the council. (c) The terms of the members of the board shall be for five years. Upon the initial appointment of the members of the board, one shall be appointed for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years and one for a term of five years. (d) The board shall hear and determine appeals from any order made by the county fire chief pursuant to chapter 132, HRS. (e) The board shall adopt rules for conducting its business." (6) Section 1.216 is amended to read: "Sec. 1.216. Whenever this Code is inapplicable for any reason to any situation involving the protection of persons and property from the hazards of fire and explosion, the materials, methods of construction, installations, practices, or operations necessary to provide such protections shall, to a reasonable degree, be in accordance with nationally recognized and accepted standards, principles and tests and generally recognized and well established methods of fire prevention and control, as set forth in the following publications by recognized national authorities and technical or scientific organizations, which are adopted by reference as part of this Code as though set forth herein in full. AMERICAN PETROLEUM INSTITUTE 1800 "K" Street, N.W. Washington, D. C. 20036 API STANDARDS 12-A Specification for Oil Storage Tanks with Riveted Shells, 1951 12-B Specification for Bolted Production Tanks, 1958, Supplement 1, 1962 650 Welded Steel Tanks for Oil Storage, 1966, Supplement December, 1967 12-D Specification for Large Welded Production Tanks, 1957, Supplement March 1965 12-F Specification for Small Welded Production Tanks, 1968 RP-2000 Venting Atmospheric and Low Pressure Storage Tanks, May, 1968 AMERICAN SOCIETY OF MECHANICAL ENGINEERS 345 East 47th Street, New York, N. Y. 10017 ASME CODES Code for Power Boilers, 1968 Edition Code for Unfired Pressure Vessels, 1968 Edition AMERICAN SOCIETY FOR TESTING AND MATERIALS 1916 Race Street, Philadelphia, Pa. 19103 ASTM STANDARDS D93-61 Standard Method of Test for Flash Point by Means of the Pensky-Martens Closed Tester (for flash points of 175° F. or higher), 1966 D323-68 Standard Method of Test for Vapor Pressure of Petroleum Products (Reid Method), 1968 D56-68 Standard Method of Test for Flash Point by means of the Tag Closed Tester (for flash points below 175° F.), 1968 ASSOCIATION OF AMERICAN RAILROADS Bureau of Explosives 1920 "L" Street, N.W. Washington, D. C. 20036 AAR CIRCULARS 17-D Tank Car Loading Racks, March 30, 1967 17-E Tank Car Loading Racks, March 30, 1967 NATIONAL FIRE PROTECTION ASSOCIATION 407 Atlantic Avenue Boston, Massachusetts 02210 NFPA STANDARDS 10 Installation, Portable Fire Extinguishers, 1978 11 Foam Extinguishing Systems, 1976 12 Carbon Dioxide Systems, 1977 12A Halon 1301 Systems, 1977 12B Halon 1211 Systems, 1977 13 Sprinkler Systems, Installation, 1976 14 Standpipe and Hose Systems, Installation, 1976 15 Water Spray Systems for Fire Protection, 1977 16 Foam-Water Sprinkler and Spray Systems, 1974 17 Dry Chemical Systems, 1975 20 Centrifugal Fire Pumps, Installation, 1976 22 Water Tanks, 1976 24 Outside Protection, (Yard Piping), 1977 30 Flammable and Combustible Liquids, 1977 31 Oil Burning Equipment Installation, 1974 33 Spray Finishing Using Flammable and Combustible Materials, 1977 40 Cellulose Nitrate Motion Picture Film, 1974 50 Bulk Oxygen Systems, 1974 50A Gaseous Hydrogen Systems, 1973 50B Liquefied Hydrogen Systems at Consumer Sites, 1973 51 Welding and Cutting, Oxygen-Fuel Gas Systems for, 1977 54 Gas Appliances and Gas Piping in Buildings, Installation of, 1974 54A Industrial Fuel Gas Code, 1974 56A Inhalation Anesthetics, 1973 56B Inhalation Therapy, 1976 56C Hospital Laboratories, 1973 56D Hyperbaric Facilities, 1976 56F Non-Flammable Medical Gas Systems, 1977 58 Liquefied Petroleum Gases, Storage and Handling, 1976 59 LP Gases at Utility Gas Plants, 1976 59A Liquefied Natural Gas, Storage and Handling, 1975 60 Pulverized Fuel Systems, Installation and Operation of, 1973 61A Starch Factories, Prevention of Dust Explosions in, 1973 61B Terminal Grain Elevators, Prevention of Dust Explosions, 1973 61C Flour and Feed Mills, Allied Grain Storage Elevators, Prevention of Dust Explosions, 1973 62 Sugar and Cocoa, Pulverized, Dust Hazards, 1967 63 Industrial Plants, Fundamental Principles for Prevention of Dust Explosions in, 1975 65 Aluminum Processing and Finishing, 1975 66 Pneumatic Conveying Systems for Handling Feed, Flour, Grain and Other Agricultural Dusts, 1973 68 Explosion Venting Guide, 1973 69 Explosion Prevention Systems, 1973 70 National Electrical Code (as amended and adopted by each county) 71 Central Station Signaling Systems, 1977 72A Local Protection Signaling Systems, 1975 72B Auxiliary Signaling Systems, 1975 72C Remote Station Signaling Systems, 1975 72D Proprietary Signaling Systems, 1975 72E Automatic Fire Detectors, 1974 75 Electronic Computer/Data Processing Equipment, 1976 76A Electrical Systems for Hospitals, 1977 77 Static Electricity, Recommended Practice on, 1972 78 Lighting Protection Code, 1977 80 Fire Doors and Windows, Installation of, 1977 86A Ovens and Furnaces, Design, Location and Equipment, 1977 91 Blower and Exhaust Systems, Dust, Stock & Vapor Removal, 1973 96 Restaurant Hoods and Vents, 1976 (This standard does not apply to installations for non-commercial and normal residential family use.) 101 Life Safety Code, 1973 102 Tents and Grandstands used for Places of Assembly, 1972 231C Rack Storage of Materials, 1975 303 Marinas and Boatyards, 1975 307 Marine Terminals, Operation of, 1967 385 Tank Vehicles for Flammable and Combustible Liquids, 1974 395 Flammable and Combustible Liquids on Farms and Isolated Construction Projects, 1972 407 Aircraft Fuel Servicing, 1975 409 Aircraft Hangars, 1975 418 Roof-top Heliport Construction and Protection, 1973 481 Titanium Storage, Handling, 1974 482M Zirconium, Plants Producing, 1974 490 Ammonium Nitrate, Storage of, 1970 505 Powered Industrial Trucks, 1975 651 Aluminum Powder Manufacture, Prevention of Dust Explosions, 1974 652 Magnesium Powder or Dust, Explosion and Fire Protection in Plants Handling, 1974 653 Coal Preparation Plants, Prevention of Dust Explosions in, 1971 654 Plastics Industry, Prevention of Dust Explosions in, 1970 655 Sulfur Fires and Explosions, Prevention of, 1971 656 Spice Grinding Plants, Prevention of Dust Ignitions in, 1971 657 Confectionery Manufacturing Plants, Prevention of Dust Explosions in, 1967 664 Woodworking and Wood Flour Manufacturing Plants, Prevention of Dust Explosions in, 1973 701 Fire Tests for Flame-Resistant Textiles, Films, 1977 702 Flaminability of Wearing Apparel, 1975 704 Fire Hazards of Materials, Identification Systems for, 1975" -6- (7) Section 1.301(c) is added to read: "(c) Permit fees shall be established by county ordinance." (8) Section 1.301(d) is added to read: "(d) Permits are required under the following sections: 1. Sec. 8.103 2. Sec. 14.102 3. Sec. 15.103 4. Sec. 19.102 5. Sec. 20.102(a) 6. Sec. 26.101 7. Sec. 30.101" (9) Section 1.301(e) is added to read: "(e) Permit fees: 1. There shall be an annual fee of $25.00 for a Section 8.103 permit. 2. There shall be an annual fee of $25.00 for a Section 14.102 permit. 3. There shall be a fee of $25.00 for tanks up to 4,999 gallons and $40.000 for tanks 5,000 gallons or larger for a Section 15.103 tank installation permit. 4. There shall be an annual fee of $25.00 for a Section 19.102 permit. 5. There shall be a fee of $25.00 for tanks of 125 to 499 gallons and $40.00 for tanks 500 gallons or larger for a Section 20.102(a) tank installation permit. -7- 6. There shall be an annual fee of $40.00 for a Section 26.101 permit. 7. There shall be a fee of $25.00 for each Section 30.101 permit." (10) Section 1.404 is amended by amending the definition of "Building Code" to read: "BUILDING CODE shall mean the building code of the county of Maui." (11) Section 1.406 is amended by adding the definition of "Dormitory": "DORMITORY shall mean buildings or spaces in buildings where group sleeping accommodations are provided for persons not members of the same family group in one room or in a series of closely associated rooms under joint occupancy and single management as in college dormitories, with or without meals, but without individual cooking facilities." (12) Section 1.407 is amended by amending the definition of "Electrical Code" to read: "ELECTRICAL CODE shall mean the electrical code of the county of Maui." (13) Section 1.418 is amended by amending the definition of "Plumbing Code" to read: "PLUMBING CODE shall mean the plumbing code of the county of Maui." (14) Section 1.424 is amended by adding the following term and definition: "VESSEL shall mean every description of water craft, other than sea plane on the water, used or capable of being used as a means of transportation, to include any ship, barge or other vessel which is permanently moored or aground and is used or occupied for purposes other than navigation, and shall be subject to the requirements of this Code applicable to buildings of similar occupancy." (15) The title of Article 2 is amended to read: "TIRE REBUILDING PLANTS AND TIRE STORAGE AREAS" (16) Section 2.101 is amended to read: "Tire rebuilding plants and tire storage areas shall conform to all other applicable requirements of this Code as well as to the following provisions." (17) Section 2.102 is deleted. (18) Section 2.101 is added to read: "Sec. 2.201. TIRE STORAGE AREAS (a) Main Aisle shall not be less than six (6) feet in clear width. (b) Window Clearance. Tires shall not be stored within three (3) feet of any window opening in an exterior wall. (c) Clearance. The clearance from the top of tire storage to sprinkler deflectors, ceiling or roofs shall be not less than three (3) feet and adequate clearance shall be maintained to lights or light fixtures to prevent possible ignition. (d) Smoking. Smoking shall be prohibited in tire storage areas, except in protected or isolated locations designated as smoking areas. "NO SMOKING" signs (3" letters) shall be conspicuously posted in prohibited areas." (19) Section 3.102 is deleted. (20) Section 4.102 is deleted. (21) Section 5.102 is deleted. (22) Section 6.102 is deleted. (23) Section 7.102 is deleted. (24) Section 9.102 is deleted. (25) The title of Article 10 is amended to read: "EXIT WAYS AND OCCUPANT LOAD" (26) Section 10.101 is amended to read: "Sec. 10.101. Exits serving every building, structure, or confined area which is used or intended to be used at any time for human occupancy shall be provided for and maintained in accordance with the provisions of this Article. Existing buildings or structures which are not provided with adequate egress are unsafe and constitute a hazard to life or property shall be subject to the abatement procedures specified in Section 1.207(b). Exit facilities, in all buildings or structures hereafter erected, and buildings or structures subject to the provisions of Section 104 of the Building Code, shall conform to Chapter 33 of the Building Code." (27) Section 10.113(c)1.(iii) is added to read: "(iii) Group R Occupancies with more than 500 rooms or 300 apartment units." -10- (28) Section 10.113(d) is added to read: "(d) Floor Level Identification. A sign shall be provided at each floor landing in all interior stairways more than three (3) stories in height designating the floor level. Lettering shall be at least 3" high." (29) Section 10.201 is added to read: "Maintenance of Stairways, Shafts and Fire Escapes. Sec. 10.201. (a) General. Every floor from existing buildings shall have access to two separate means of egress, one of which may be by an existing exterior fire escape. EXCEPTION: Buildings and structures that comply with the Building Code. (b) Enclosure of Vertical Shafts. Interior vertical shafts, including but not limited to, elevator, stairway and utility shall be enclosed by a minimum of one-hour fire-resistive construction with all openings protected as set forth in the Building Code. EXCEPTION: (1) Buildings and structures that comply with the Building Code. (2) Existing wood lath and plaster, existing 1/2-inch gypsum wall board or other existing materials having similar fireresistive capabilities shall be acceptable. (3) Existing wood door frames may be used where one-hour fire-resistive assemblies are required. -11- (4) Existing fusible link-type automatic closing devices may be allowed, except in exit enclosures. (5) Stairways need not be enclosed in a continuous shaft if cut off at each story by the fire-resistive construction required by this Section." (30) Section 11.101 is amended to read: "Sec. 11.101. This Article shall not conflict with any regulations established by state law or county ordinance that apply to the manufacture, possession, storage, sale, transportation and use of explosives and blasting agents." (31) Section 11.104 is deleted. (32) Section 11.105 is deleted. (33) Section 12.101 is amended by adding a second paragraph to read: "This Article shall not conflict with any regulation established by state law or county ordinance that apply to the manufacture, possession, storage, sale, transportation and use of fireworks." (34) Section 12.107 is added to read: "Sec. 12.107. Storage. Fireworks shall be stored in compliance with the following: 1. A maximum of 500 pounds must be isolated from combustible material and sources of heat or ignition. 2. Quantities in excess of 500 pounds shall be stored in a room of one-hour fire-resistive construction. Such rooms shall be equipped with -12- an automatic sprinkler system or be entirely separated from other occupancies." (35) Section 13.301(e) is amended to read: "(e) All fire alarm systems, fire hydrant systems, fire-extinguishing systems (including automatic sprinklers), wet and dry standpipes, basement inlet pipes, and other fire protection systems and appurtenances thereto shall meet the approval of the fire department as to installation and location and shall be subject to such periodic tests as required herein. Plans and specifications shall be submitted to the fire department for review and approval prior to construction." (36) Section 13.302 is amended to read: "Maintenance, Inspection and Testing. Sec. 13.302(a). General. All fire-extinguishing systems and devices, including but not limited to automatic sprinklers, combination standpipes, dry and wet standpipes, special automatic extinguishing systems, basement pipe inlets and the appurtenances thereto shall be maintained in good working condition by the building owner and inspected and tested periodically as specified hereunder. (b) Frequency of Tests. (1) Dry standpipe, wet standpipe and combination systems. The requirements shall apply to the testing and inspection of dry standpipe, wet standpipe and combination systems, provided that, upon completion by -13- the building owner of the initial test required, he shall thereafter conduct tests and inspection of dry standpipes, wet standpipes and combination standpipes at least once every five years; and provided further that hoses on wet standpipe systems shall be inspected annually. (2) Other fire-extinguishing systems. The building owner shall be responsible for conducting tests and inspections of the fireextinguishing systems other than the dry standpipe, wet standpipe and combination standpipe systems at least once annually. (3) The above tests and inspections may be required at shorter intervals when an inspection by the Chief indicates that there is reason to believe that the system or device would fail to operate properly in an emergency. (c) The tests required herein, shall be conducted by a person, partnership, joint venture, corporation or any combination thereof, qualified and licensed by the Fire Chief to conduct such testing procedure for the particular system or device being tested. (d) Procedures to be followed in accomplishing the tests and inspections required by paragraph (b) of this section; and procedures to be followed in the issuance, suspension or revocation for cause of licenses as provided for -14- in paragraph (c) of this section shall be as promulgated by the Fire Chief in rules and regulations adopted pursuant to Chapter 91, Hawaii Revised Statutes, and shall have the force and effect of law. (e) The Fire Chief shall make, amend or repeal any such rule or regulation as may be required to fully effectuate the provisions of this section." (37) The title to and Section 13.303 is amended to read: "Fire Extinguishers. Sec. 13.303. No person shall maintain, repair, fill or refill, any portable fire extinguisher unless he has obtained a license issued by the Fire Chief, in accordance with Section 13.302(d) and NFPA 10, authorizing such person to maintain, repair, fill or refill portable fire extinguishers." (38) Section 13.307(a) is amended to read: Section 13.307(a). (1) Group A Occupancy assemblies having a capacity of 1,000 or more persons shall have an approved electrically supervised manual alarm system arranged to alert employees and attendants to an emergency. Audible alarm sounding devices which exceed 35 DB shall not be installed in any auditorium or room occupied by the public. Approved visual alarm devices such as coded lights may be used separately or in conjunction with low DB audible alerting devices. -15- (2) Group B Division 2 retail and wholesale stores, and office buildings with occupant loads exceeding 200 persons or three stories or more in height shall contain a manual fire alarm box located adjacent to exit doors into stairway shafts and in every elevator lobby. An annunciator panel shall be provided on the first floor lobby area in any new building four stories or more. (3) Group E occupancies with an occupant load of more than 50 persons shall be provided with an approved fire alarm system. Group E Occupancies which are provided with an automatic fire-extinguishing or detection system, the operation of such system shall automatically activate the school fire alarm system, which shall include an alarm mounted on the exterior of the building. Alarm systems shall be tested and logged monthly. Fire exit drills shall be held not less than once each month during which the building shall be completely evacuated. (4) Group H occupancies having 10,000 square feet or more or that employ 100 persons or more shall contain an automatic or manual fire alarm device which will initiate a continuous or pulsating alarm signal on all indicating devices of the affected building until manually reset. (5) Group I occupancies. Audible alarm devices shall be used in all non-patient areas. Visual alarm devices in conjunction with low DB audible devices may be used in patient occupied areas. -16- (6) Group R Occupancy apartments, dormitories and rooming houses three (3) stories or more in height and containing more than 15 apartments and every hotel three stories or more in height containing 20 or more guest rooms, shall install in the common areas an approved automatic alarm system or a manual alarm system designed to warn the occupants of the building in the event of fire. Such fire alarm system shall be so designed that all occupants of the building may be warned simultaneously. An annunciator panel shall be provided on the first floor lobby area in any new building four stories or more." (39) Section 13.315 is amended to read: "Sec. 13.315. Commercial type cooking equipment, from which grease-laden vapors emanate in normal cooking application and where the Chief determines that such grease-laden vapors constitute a fire hazard, shall be protected by an approved automatic extinguishing system. EXCEPTION: That portion of the fireextinguishing system required for the protection of the duct may be omitted when approved grease extractors that contain automatic washers and shut off devices are installed. The design and installation of such fireextinguishing system shall be in accordance with the provisions of NFPA 96. Extinguishing systems shall be serviced at least every 12 months or after any activation of the system. Hoods, ducts, filters, and fan housings shall be cleaned at -17- sufficient intervals to prevent the accumulation of grease therein. In new installations where the extinguishing system contains a pressure gauge, the gauge shall be located in a position which is readily visible." (40) Section 15.103.1 is deleted. (41) Section 15.103.2 is deleted. (42) Section 15.103.3 is redesignated as Section 15.103(a). (43) Section 15.210(a) is amended to read: "(a) Location. A flammable or combustible liquid storage tank may be located underground, outside of or under a building if such installation meets the requirements of this section. The tank shall be so located with respect to existing foundations and supports that the loads carried by the latter cannot be transmitted to the tank. The distance from any part of a tank storing Class II or III liquids to the nearest wall of any basement, pit, cellar or property line shall be not less than 1 foot. The distance from any part of a tank storing Class I liquids to the nearest wall of any basement, pit or cellar shall be not less than one foot and from any property line that may be built upon not less than 3 feet. A minimum distance of eighteen (18) inches, shell to shell, shall be maintained between underground tanks." (44) Section 15.210(d) is added to read: "(d) If a leak is suspected, the Fire Chief may, if he deems it necessary, order the owner of -78- the tank to conduct an appropriate test or inspection of the tank." (45) Section 15.402(b)1. is amended to read: "1. Storage of Class I or Class II liquids is prohibited inside dwelling. A maximum of 10 gallons of Class I and a maximum of 25 gallons of Class II liquids may be stored outside the dwelling unit in storerooms of attached or detached garages or accessory buildings." (46) Section 15.709(b) is amended to read: "(b) Extinguishers of a minimum classification of 10-B, C shall be provided and so located that no pump, dispenser or fill-pipe opening shall be greater distance than 75 feet from such extinguisher." (47) Section 15.709(c) is added to read: "(c) All vehicles shall have proper caps for gasoline and diesel fuel tanks and containers." (48) Section 15. Division X is deleted. (49) Section 15.1101 is deleted. (50) Section 15.1201 is deleted. (51) Section 15.1302 is deleted. (52) Section 16.102 is deleted. (53) Section 17.102 is deleted. (54) Section 18.102 is deleted. (55) Section 20.102(a) is amended to read: "(a) No person shall install or maintain any LP Gas container, or operate any tank vehicle which is used for the transportation of LP Gas without a permit. Where a single container or the -19- aggregate of interconnected containers is over 1200 gallons water capacity, the installer shall submit plans to the Chief. A permit shall not be required for the installation or maintenance of the portable containers of less than 125 gallons water capacity." (56) Section 20.105(d), "NOTE," is amended to read: "NOTE: At the discretion of the Fire Chief, containers may be located at a lesser distance to the building." (57) Section 20.201 is added to read: "Portable LPG Tanks. Sec. 20.201. The use or storage of portable LPG tanks, that contain liquefied petroleum gases in excess of five pounds, in buildings and dwellings is prohibited. EXCEPTION: Use or storage in buildings housing educational, research, laboratory occupancies, or for construction and maintenance purposes shall be limited to twenty (20) pounds." (58) Section 21.101 is deleted. (59) Section 22.102 is deleted. (60) Section 223.101 is deleted. (61) Section 25.102 is deleted. (62) Section 26.101 is amended to read: "(a) No place of assembly such as, restaurants, nightclubs, dancing and drinking establishments with load capacities of 300 or more persons shall be maintained, operated or used as such without a -20- permit; and (b) Assembly occupancies of restaurants, nightclubs, dancing and drinking establishments with load capacities of 500 persons or more shall be protected by an approved automatic fire-extinguishing system." (63) Section 26.107 is amended to read: "(a) No part of a stairway, whether interior or exterior, nor of a smokeproof enclosure, hallway, corridor, vestibule, balcony or bridge leading to a stairway or exit of any kind, shall be used in any way that will obstruct its use as an exit or that will present a hazardous condition. (b) Management shall be responsible for the inspection before each show or event of all required means of egress from each part of the building, including stairways, egress doors and any panic hardware installed thereon, aisles, and corridors. Passageways and similar elements of the means of egress, shall be available for immediate use and free of all obstructions before each show or event. (c) Management shall inform its patrons of the location of all required exits by an announcement or through printed posters." (64) Section 26.110 is amended to read: "Distances between tables in restaurants, nightclubs, and drinking establishments shall be not less than 54 inches where seats are back to back. A floor plan indicating the seating arrangement, location and width of exit ways and aisles -21- shall be submitted to the Fire Prevention Bureau for approval." (65) The title of and Section 26.115 is amended to read: "USE OF CANDLES AND OPEN FLAME DEVICES Sec. 26.115(a). Stages or Platforms. Openflame devices may be used on stages or platforms, provided adequate precautions satisfactory to the Fire Chief are taken to prevent ignition of combustible materials. So-called "flaming sword" or other like equipment shall not be used except in sprinklered areas. This shall be construed to mean that stages, platforms, dressing and storage rooms or areas used as places for the performances of "flaming sword" or other dance performances using fire or flame, shall be sprinklered. (b) Special Food Service Devices. Portable cooking equipment, not flue-connected, shall be permitted only as follows: Equipment fueled by small heat sources which can be readily extinguished by water, such as candles or alcohol-burning equipment (including "solid alcohol"), may be used provided adequate precautions satisfactory to the Fire Chief are taken to prevent ignition of any combustible materials. (c) No person shall use or allow to be used any open-flame device, burning candle or candles in any building or place in such a manner as to create a fire hazard." (66) Section 26.116 is deleted. -22- (67) Section 27.101(a) is deleted. (68) Section 27.107 is deleted. (69) Section 27.112(b) is amended to read: "(b) Burning confined to incinerators; exceptions: All burning shall be done in an approved incinerator, except that outdoor burning of combustible waste matter other than paper may be done in the open if such burning is done at a distance of more than 50 feet from any building, structure or other combustible waste matter." (70) Section 27.117 is added to read: "Control of Open Burning. Sec. 27.117. The following kinds of open fires are not subject to State air pollution laws. Control of such fires shall be as provided by ordinance. (1) Fires for cooking of food; (2) Fires for recreational, decorative or ceremonial purposes; (3) Fires to abate a fire hazard; (4) Fires for prevention or control of disease or pests; (5) Fires for training of firefighting personnel; (6) Fires for disposal of dangerous materials; and (7) Fires for residential bathing purposes. Except for closed incinerators approved by the State Health Department, private incineration is prohibited by Ordinance and State health laws. Clearance by the State Health Department for and notification of all agricultural fires either by telephone or written notice must be on file with the Alarm Bureau before these fires are permitted." (71) Section 27.202 is amended to read: "No person making, using, storing or having in charge, or under his control any shavings, excelsior, rubbish, sacks, bags, litter, hay, straw or combustible waste materials shall fail or neglect at the close of each day to cause all such material which is not compactly baled and stacked in an orderly manner to be removed from the building or stored in suitable vaults or in metal or metallined covered, receptacles or bins. The Chief may require suitable baling presses to be installed in stores, apartment buildings, factories and similar places where accumulations of paper and waste materials are not removed at least every second day." (72) Section 27.207 is added to read: "Combustible Storage in Concealed Spaces and Attics. Sec. 27.207. Where the accumulation of com- bustible storage materials constitutes a hazard or menace to fire in concealed spaces or attic areas of a building, the Chief shall require the removal of such storage or protection of the storage area by fire-resistive construction." (73) Section 28.101 is deleted. (74) Section 32.102 is deleted. (75) Section 33.102 is deleted. (76) Section 34.103 is deleted. (77) Section 35.104 is deleted. (78) Section 36.103 is deleted. (79) Appendix A. 3. Underground Tanks, (d) is amended to read: "(d) When installed, but before backfilling, tank and fittings shall be tested for tightness at not less than 15 pounds per square inch. Greater test pressures may be required by the Chief when the top of the tanks are subject to submergence in excess of 30 feet." (80) Appendix A. 7. Inspections, is deleted. (81) Appendix C. Rifle Ranges, is deleted. (82) Appendix E. 9. Explosives and Blasting, is deleted. (83) Appendix E. 20. Illegal Use of Fire Roads and Firebreaks, is deleted. (84) Appendix E. 21. Use of Motorcycles, Motor Scooters, and Motor Vehicles, is deleted. (85) Appendix F. 2. Definitions (d) is amended to read: "2. (d) VESSEL shall mean every description of water craft, other than sea plane on the water, used or capable of being used as a means of transportation, to include any ship, barge or other vessel which is permanently moored or aground and is occupied for purposes other than navigation, and shall be subject to the require-2 5- ments of this Code applicable to buildings of similar occupancy." (86) Appendix G. Test Procedures for Fire Extinguishing Systems, is deleted. (87) Appendix H. An Ordinance Adopting a Uniform Fire Code Prescribing Regulations Governing Conditions Hazardous to Life and Property from Fire or Explosion, and Establishing a Bureau of Fire Prevention and Providing Officers Therefor and Defining Their Powers and Duties, is deleted. SECTION 2. This ordinance shall take effect upon its approval. APPROVED AS TO FORM AND LEGALITY: Deputy Corpora on ounse County of Maui WE HEREBY CERTIFY that the foregoing BILL NO. 74 (1979 ) 1. Passed FINAL READING at the meeting of the Council of the County of Maui, State of February Hawaii, held on the 1st day of , 19 80 , by the following votes: COUNCILMEN Mariano M. ACOBA Excused 2. of Toshi o ANSAI Vice chairman - Aye Alien W. BARR Aye Goro HOKAMA Excused Davi-d Y• S • Ricardo MEOINA Gordon S. MIVAKI John KONG , SR. Aye Aye Aye Aye T. VA I L Robert H. NAKASONE Chairman Aye Was transmitted to the Mayor of the County of Maui, State of Hawaii, on the 1st February , 19 80 . DATED AT WAILUKU, MAUI, HAWAII, this 1st day of February day , 19 80 ROBERT H. NAKASONE, CHAIRMAN, Council of the County of Maui S 1y 444 1 JAMES S. USHIJ.IMX, COUNT CLERK, County of Maui / THE FOREGOING BILL IS HEREBY APPROVED THIS / 2•TH DAY OF FEBRUARY , 1980 . cioeize€4 HANNIBAL TAVARES, MAYOR, County of Maui I HEREBY CERTIFY that upon approval of the foregoing BILL by the Mayor of the County of Maui, the said BILL was designated as ORDINANCE NO. 996 of the County of Maui, State of Hawaii. /Utqt7/44----- AyES S. USHIJIMA, COUNTY CLERK, County of Maui Passed First Reading on December 10, 1979. Effective date of Ordinance February 12 , 1980. I HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 996 , the original of which is on file in the Office of the County Clerk, County of Maui, State of Hawaii. Dated at Wailuku, Hawaii, on County Clerk, County of Maui