In this Chapter, the following words have the following meanings:
Agent means any person who has charge, care or control of any building as owner, or agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person representing the actual owner must comply with the provisions of this code to the same extent as if he were the owner.
Air supported structure means a structural and mechanical system which is constructed of high strength fabric or film and achieves its shape, stability and support by pretensioning with internal air pressure.
Alternative means a system, condition, arrangement, material, or equipment submitted to the Director as a substitute for a code requirement.
Approved means acceptable to the Director. In determining the acceptability of installations or procedures, equipment, or materials, the Director may base acceptance on compliance with the NFPA or other appropriate standards. In the absence of such standards, the Director may require evidence of proper installation, procedure, or use. The Director may also refer to the listings or labeling practices of any nationally recognized testing laboratory, inspection agency, or other organization which evaluates products and can determine compliance with appropriate standards for and the satisfactory performance of such equipment or materials in actual usage.
Approved plastic container means a plastic container of not more than five (5) gallons capacity which has been labeled by Underwriters Laboratories, Inc., or Factory Mutual, Inc., as being suitable for the storage of Class I flammable liquids.
Assembly means places of assembly including, but not limited to, all buildings or portions of buildings used for gathering together fifty (50) or more persons in commercial places of assembly and one hundred (100) or more persons in noncommercial places of assembly. Places of assembly include those facilities used for such purposes as deliberation, worship, entertainment, amusement, or awaiting transportation. Occupancy of any room or space for assembly purposes by less than one hundred (100) persons in a building of other occupancy and incidental to such other occupancy must be classed as part of the other occupancy and subject to the provisions applicable thereto.
Authority having jurisdiction means the Director or Fire Chief with appropriate responsibility.
Automatic fire extinguishing system means any system which is designed and installed to detect a fire and subsequently expel an extinguishing agent without any human intervention.
Basement means a portion of the building partly underground, but having less than half its clear height below the average grade of the adjoining ground.
Building means a structure wholly or partially enclosed, either standing alone or cut off from other structures by fire walls, and which is designed for housing persons, animals or property.
Building official means the officer or other designated authority charged with the administration and enforcement of the building code.
Burning means lighting, igniting, kindling, or setting fire to combustible materials, adding fuel to a fire, or permitting combustible material to burn.
Cellar means the portion of the building, partly underground, having half or more than half of its clear height below the average grade of the adjoining ground.
Central fire communications center means the public fire service communication facilities operated by the Montgomery County Fire and Rescue Service as part of the County emergency operations center.
Central station means an office to which remote alarm and supervisory signaling devices are connected, where personnel are in attendance at all times to supervise the circuits and investigate signals.
Central station system means a system, or group of systems, in which the operations of circuits and devices are signaled automatically to, recorded in, maintained and supervised from an approved central station having competent and experienced observers and operators who must, upon receipt of a signal, take such action as is required by this standard. Such systems must be controlled and operated by a person, firm or corporation whose principal business is the furnishing and maintaining of supervised signaling service.
Combination system means a household fire warning system whose components may be used in whole or in part, in common with a nonfire emergency signalling system, such as a burglar alarm system or an intercom system, without degradation of or hazard to the fire warning system.
Compressed gas means and includes any mixture or material having in the container either an absolute pressure exceeding forty (40) pounds per square inch at seventy (70) degrees Fahrenheit or an absolute pressure exceeding one hundred four (104) pounds per square inch at one hundred thirty (130) degrees Fahrenheit or both; or any liquid flammable material having a vapor pressure as defined in section 1.424 exceeding forty (40) pounds per square inch at one hundred (100) degrees Fahrenheit.
Combustible fiber means any material in a fibrous or shredded form which will readily ignite when heat sources are present.
Combustible liquid means a liquid having a flash point at or above one hundred (100) degrees Fahrenheit (37.8 degrees Centigrade). Combustible liquids are subdivided as follows:
Class II liquids include those having flash points at or above one hundred (100) degrees Fahrenheit (37.8 degrees Centigrade) and below one hundred forty (140) degrees Fahrenheit (60 degrees Centigrade).
Class IIIA liquids include those having flash points at or above one hundred forty (140) degrees Fahrenheit (60 degrees Centigrade) and below two hundred (200) degrees Fahrenheit (93.4 degrees Centigrade).
Class IIIB liquids include those having flash points at or above two hundred (200) degrees Fahrenheit (93.4 degrees Centigrade).
Combustible refuse means all combustible or flammable loose rubbish, litter or waste materials generated by any occupancy which are refused, rejected or considered worthless and are disposed of by incineration on the premises where generated or periodically transported from the premises.
Combustible waste means combustible or flammable loose waste materials which are generated by any establishment or process and, being salvageable, are retained from scrap for reprocessing on the premises where generated or transported to a plant for processing, including but not limited to all combustible fibers, hay, straw, hair, feathers, down, wood shavings, turnings, all types of paper products, soiled cloth trimmings and cuttings, rubber trimmings and buffings, metal fines, and any mixture of the above items or any other salvageable combustible or flammable waste material.
Director means the Director of Permitting Services.
Distribute includes rental, leasing and giving away as a prize or a premium.
D.O.T. container means any container approved by the U.S. Department of Transportation for shipping any liquid, gaseous or solid material of a flammable, toxic or other hazardous nature.
Dwelling means a single unit providing complete and independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
Dwelling unit means one or more habitable rooms which are occupied or which are intended or designed to be occupied by one (1) family with facilities for living, sleeping, cooking and eating.
Existing condition means any situation, circumstance or physical makeup of any structure, premises or process which was on-going or in effect prior to the adoption of this code.
Explosive means a chemical compound or mechanical mixture, that is commonly used or intended for the purpose of producing an explosion, that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life and limb.
Fire apparatus means a vehicle such as a fire pumper, aerial ladder truck, elevated platform, rescue squad or similar fire-fighting or rescue equipment.
Fire Chief means the Fire Chief appointed under Section 21-3 or the Fire Chief’s designee.
Fire code inspector means a qualified employee in the Department of Permitting Services.
Fire department means the Montgomery County Fire and Rescue Service.
Fire department connection (siamese connection) means a connection on a building for fire department use in supplementing or supplying water for standpipes and sprinkler systems.
Fire door means a tested, listed, or approved door and door enclosure constructed and installed for the purpose of preventing the spread of fire through openings in walls, partitions, or other horizontal or vertical construction. See Standard for Fire Doors and Windows, NFPA No. 80 for classification and types of fire doors.
Fire hazard means any thing or act which increases or may cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire; or which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire.
Fire hydrant means a valved outlet on a water supply system with one or more threaded outlets and used to supply fire department hose and pumpers with water.
Fire lane means the road, path, or other passageway developed to allow the passage of fire apparatus through congested areas.
Fire Marshal or County Fire Marshal means a qualified employee of the Department of Permitting Services designated by the Director as the County Fire Marshal. Fire Marshal includes the Fire Marshal’s designee, unless the context clearly indicates otherwise.
Fire official means any person serving as a designated employee, representative, or agent of the Montgomery County Fire and Rescue Service or the Department of Permitting Services.
Fire protection system means any fire alarm device or system, fire detection device or system or fire extinguishing device or system, or their combination, which is designed and installed for detecting, controlling or extinguishing a fire or otherwise alerting occupants or the fire department, or both that a fire has occurred.
Fire separation means construction of rated fire resistance or the maintenance of clear area to resist the spread of fire.
Fireworks display means the use of fireworks in a manner to provide audio and visual entertainment to a group of people.
Flamespread rating means the comparative performance of fire travel over the surface of a material when tested in accordance with the provisions of nationally recognized test methods. Grouping of ratings is listed in Life Safety Code, NFPA No. 101.
Flammable means capable of burning or producing flame at ordinary temperatures, or being easily ignited.
Flammable finishing means the spraying, dipping, flow-coating or electro-static bonding of flammable substances on other materials, devices or construction.
Flammable liquid means a liquid having a flash point below one hundred (100) degrees Fahrenheit (37.8 degrees Centigrade) and having a vapor pressure not exceeding forty (40) pounds per square inch (absolute) at one hundred (100) degrees Fahrenheit (37.8 degrees Centigrade) and is known as a Class I liquid. Class I liquids are subdivided as follows:
Class IA includes those liquids having flash points below seventy-three (73) degrees Fahrenheit (22.8 degrees Centigrade) and having a boiling point below one hundred (100) degrees Fahrenheit (37.8 degrees Centigrade).
Class IB includes those liquids having flash points below seventy-three (73) degrees Fahrenheit (22.8 degrees Centigrade) and having a boiling point at or above one hundred (100) degrees Fahrenheit (37.8 degrees Centigrade).
Class IC includes those liquids having flash points at or above seventy-three (73) degrees Fahrenheit (22.8 degrees Centigrade) and below one hundred (100) degrees Fahrenheit (37.8 degrees Centigrade).
Flammable solid means a solid substance, other than one (1) classified as an explosive, which is liable to cause fires through friction, through absorption of moisture, through spontaneous chemical changes or as a result of retained heat from manufacturing or processing.
Flash point means the minimum temperature in degrees Fahrenheit at which a flammable liquid will give off sufficient vapors to form an ignitable mixture with air near the surface or in the container, but will not sustain combustion. The flash point of a liquid must be determined by appropriate test procedure and apparatus as specified below. The flash point of flammable liquids having a flash point below one hundred seventy-five (175) degrees Fahrenheit must be determined in accordance with nationally recognized good practice using the Tag Closed Tester. The flash point of flammable liquids having a flash point of one hundred seventy-five (175) degrees Fahrenheit or higher must be determined in accordance with nationally recognized good practice using the Pensky-Martens Closed Tester (ASTM D 93).
Gallon means one (1) U.S. standard gallon.
Grade means the reference plane representing the average elevation of finished ground level adjoining the building at all exterior walls.
Household fire warning system means a system of devices that produce an audible alarm signal in the household for the purpose of notifying the occupants of the presence of a fire so they may evacuate the premises. The term “household fire warning system” does not include alarm systems where the signal is extended to another location such as a fire department or central station service.
Liquefied petroleum gas (LP gas) means any material which is composed predominantly of the following hydrocarbons, or mixtures of them: propane, propylene, butane (normal butane or isobutane) and butylenes.
Loose house means a separate detached building in which unbaled combustible fibers are stored.
Means of egress means a continuous and unobstructed path of travel from any point in a building or structure to a public space and consists of three (3) separate and distinct parts: (a) the exitway access, (b) the exitway, and (c) the exitway discharge; a means of egress comprises the vertical and horizontal means of travel and includes intervening room spaces, doors, hallways, corridors, passageways, balconies, ramps, stairs, enclosures, lobbies, escalators, horizontal exits, courts and yards.
Multi-family dwelling means any building or portion thereof, which is designed, built, rented, leased, sold, let or hired out to be occupied, or which is occupied as the home or residence of three (3) or more families living independently of each other and doing their own cooking in such building and includes flats and apartments.
Notice means the verbal or written statement which gives an order, information or warning.
Ordinary conduct means the customary procedures which are normally followed.
Owner means any person who alone or jointly or severally with others has legal title to any building, structure or premises with or without accompanying actual possession thereof and includes his
or her duly authorized agent or attorney, a purchaser, devisee, fiduciary and any person having a vested or contingent interest in the property in question.
Permit means an official document or certificate issued by the authority having jurisdiction for the purpose of authorizing performance of a specified activity.
Person means a corporation, firm, partnership, association, organization and any other group acting as a unit as well as individuals. Person includes an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the term person is used in any section of this Chapter prescribing a penalty or fine, as to partnerships or associations, the term includes the partners or members thereof and, as to corporations, includes the officers, agents or members thereof who are responsible for any violation of such section.
Places of assembly means places of assembly including, but not limited to, all buildings or portions of buildings used for gathering together fifty (50) or more persons in noncommercial places of assembly. Places of assembly include those facilities used for such purposes as deliberation, worship, entertainment, amusement, or awaiting transportation. Occupancy of any room or space for assembly purposes by less than one hundred (100) persons in a building or other occupancy and incidental to such other occupancy must be classed as part of the other occupancy and subject to the provisions applicable thereto.
Process means the manufacturing, handling, blending, conversion, purification, recovery, separation, synthesis or use, or any combination, of any commodity or material regulated by this code.
Public stable means any place which has available for hire for riding or riding instruction purposes any horse or pony; or where horses or ponies other than those belonging to the owner of the stable are kept, boarded or trained.
Repair means the reconstruction or renewal of any part of an existing building or structure for the purpose of its maintenance. The term repair or repairs does not apply to any change in construction.
Representative means a person duly appointed in the name of the Fire Chief, Director, or Fire Marshal to administer or enforce this Chapter.
Safety can means an approved container of not over five (5) gallons capacity having a spring- closing lid and spout cover.
Small arms ammunition means any shotgun, rifle, pistol or revolver cartridges.
Smoking means lighting, igniting, holding or possessing any lighted cigar, cigarette or pipe; or, carrying, throwing or depositing any lighted or smoldering cigar, cigarette or pipe.
Standpipe means a pipe and attendant hose valves and hose (if provided) used for conveying water to various parts of a building for fire-fighting purposes.
Story means that portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, the space between such floor and the ceiling next above it. A basement is counted as a story, if it is used for business or dwelling purposes. A mezzanine floor is counted as a story, if it covers over one-third of the area of the floor next below it or if the vertical distance between the floor next below it and the floor next above it is twenty (20) feet or more.
Street means a public thoroughfare (street, avenue or boulevard) which has been dedicated for vehicular use by the public and can be used for access by fire department vehicles.
Supervised automatic fire extinguishing system means any automatic fire extinguishing system which is constantly monitored so as to determine operating condition at all times.
System means several items of equipment assembled, grouped or otherwise interconnected for the accomplishment of a purpose or function.
Water capacity means the volumetric measure of the amount of water a container can hold. (1975 L.M.C., ch. 23, § 1; 2002 L.M.C., ch. 22, § 1; 2010 L.M.C., ch. 49, § 1; 2016 L.M.C., ch. 30, §1.)