Effective July 1, 2022, there is herewith adopted, by reference, The International Fire Code, 2021 Edition, as published by the International Code Council, adopted as a public record by Resolution No. R2022-03 of the Mayor and Council of the Town of Cave Creek by reference thereto, as fully and completely as if the terms thereof were fully set forth herein, in total, except as modified or changed as follows:
(A) Chapter 1, “Scope and Administration”, is hereby amended as follows:
(1) 101.1 Title. Shall be amended to read as follows:
These regulations shall be known as the Fire Code of the Town of Cave Creek, hereinafter referred to as “this code”. When there is a conflict between these provisions and those of another technical code, these provisions shall apply. Where there is an administrative provision contained in another technical code and not in this code, then the administrative provision of the technical code shall apply.
(2) 103.1 Creation of agency. Is hereby amended as follows:
The building and fire safety department is hereby created and the official in charge thereof shall be known as the chief building and fire code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.
(3) 105.2.3 Time limitation of application. Shall be deleted in its entirety and replaced with the following:
An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit shall have been issued; except that the fire code official is authorized to grant one extension of time for an additional period not exceeding 180 days. The extension shall be requested in writing and justifiable cause demonstrated.
(4) 105.3.1 Expiration. Shall be deleted in its entirety and replaced with the following:
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 within 180 days after its issuance by evidence of a passed inspection, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced by evidence of not passing an inspection. Before such work recommences, a new permit shall be first obtained and the fee to recommence work, if any, shall be 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. Operational permits are not transferable and any change in occupancy, operation, tenancy or ownership shall require that a new permit be issued.
(5) 105.3.2 Extensions. Shall be deleted in its entirety and replaced with the following:
A permittee holding an unexpired permit shall have the right to apply for an extension of the time within which the permittee will commence work and pass an inspection under that permit, where work is unable to be commenced within the time required by this section, for good and satisfactory reasons. The fire code official is authorized to grant in writing one more extension of the time period of a permit for a period of not more than 180 days. Such extension shall be requested by the permit holder in writing and justifiable cause demonstrated.
(6) 106.2 Schedule of permit fees. Shall be deleted in its entirety and replaced with the following:
Shall be determined per Title XV, Section 151.14, of the town code.
(7) 107.4 Work commencing before permit issuance. Shall be deleted in its entirety and replaced with the following:
Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee that shall be in addition to the required permit fees. This fee shall be equal to the amount of the permit and plan review fee required by the approved fees. The payment of such fee shall not exempt an applicant from compliance with all other provisions of either this code or other requirements, nor from the penalty prescribed by law.
(8) 107.6 Refunds. Shall be deleted in its entirety and replaced with the following:
1. The fire code official shall be permitted to authorize refunding of a fee paid hereunder that was erroneously paid or collected.
2. The fire code official shall be permitted to authorize refunding of not more than 80% of the permit fee paid when no work has been done under a permit issued in accordance with this code.
3. The fire code official shall be permitted to authorize refunding of not more than 80% of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any examination time has been expended.
(9) 112.4 Violation penalties. Shall be deleted in its entirety and replaced with the following:
Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof, or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty as established in Title XV, Chapter 151.99, of the town code. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(10) 113.4 Failure to comply. Shall be deleted in its entirety and replaced with the following:
Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable under Title XV, Section 151.99, Penalty, of the town code.
(B) Chapter 5, “Fire Service Features”.
507.5.1 Where required. Is hereby amended as follows:
Where a portion of the facility or building hereafter constructed, or moved into or within the jurisdiction, is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official.
Exceptions:
1. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m) from the property corner for parcels of 5 acres or less.
2. For buildings equipped throughout with an approved, automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m).
(C) Chapter 9, delete Section 903 “Automatic sprinkler systems” in its entirety and replace with the town’s Sprinkler Code, Section 151.07.
(D) Chapter 11, “Construction Requirements for Existing Buildings”.
1103.5 Sprinkler systems. Is deleted in its entirety and replaced with:
An automatic sprinkler system shall be provided in existing buildings in accordance with the town's Sprinkler Code, Section 151.07.
(E) Chapter 23, “Motor Fuel-Dispensing Facilities and Repair Garages”.
(1) 2304.3.1 General. Shall be deleted and replaced with the following:
Unattended self-serve stations are prohibited within the entire town.
Exception: Unattended self-serve stations may be allowed by special permit by the fire code official for private commercial use only. Written request and documentation shall be submitted, showing compliance with 2304.3.1 through 2304.3.7 and all other applicable codes and ordinances.
(F) Appendices.
(1) Appendix B, “Fire Flow Requirements for Buildings”. Shall be adopted.
(2) Appendix D, “Fire Apparatus Access Roads”. Shall be adopted.
(3) D102.1, Access and loading. Is hereby amended as follows:
Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved, fire apparatus access road, with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing up to 50,000 pounds.
(`87 Code, § 7-5) (Am. Ord. 88-16, passed 8-1-88; Am. Ord. 95-01, passed 1-3-95; Am. Ord. 95-13, passed 9-5-95; Am. Ord. 2000-05, passed 5-15-00; Am. Ord. O-2004-15, passed 5-17-04; Am. Ord. O-2004-24, passed 8-2-04; Am. Ord. O2011-13, passed 11-21-11; Am. Ord. O2018-08, passed 11-19-18; Am. Ord. O2022-01, passed 3-21-22)