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The 2024 Edition of the International Fire Code published by the International Code Council, with those local amendments attached as Exhibit A to Ordinance 12115, is hereby adopted and made a part hereof as if set forth at length and shall be the Fire Code of the City of Tucson.
(Ord. No. 5607, § 2, 12-13-82; Ord. No. 6029, § 1, 6-11-84; Ord. No. 6740, § 1, 7-6-87; Ord. No. 7445, § 1, 7-2-90; Ord. No. 8031, § 1, 4-26-93; Ord. No. 8609, § 1, 1-2-96; Ord. No. 9120, § 1, 9-28-98; Ord. No. 9609, § 1, 10-1-01; Ord. No. 10036, § 1, 9-7-04; Ord. No. 10437, § 1, 7-10-07; Ord. No. 11040, § 1, 12-18-12, eff. 1-1-13; Ord. No. 11393, § 1, 8-9-16, eff. 9-1-16; Ord. No. 11556, § 1, 6-5-18, eff. 7-1-18; Ord. No. 12115, § 1, 8-27-24)
Editor's note – Exhibit A is not printed herein but is on file in the office of the city clerk and available for public inspection during regular business hours.
Three (3) copies of the fire code adopted in section 13-3, of all fee schedules adopted pursuant to section 13-12, and of any amendments to any of the above shall be filed in the office of the city clerk and made public records and shall be available for public use and inspection during regular office hours and shall be of full force and effect immediately upon such filing.
(Ord. No. 5607, § 2, 12-13-82; Ord. No. 6581, § 1, 12-8-86)
The fire code adopted in section 13-3 may be amended from time to time by the mayor and council. Three (3) copies of current ordinances amending the fire code shall be kept on file in the office of the city clerk as public records and shall be available for public use and inspection during regular office hours.
(Ord. No. 5607, § 2, 12-13-82)
Editor's note – Ordinance No. 11040, § 2, adopted December 18, 2012 and effective January 1, 2013, deleted section 13-6 in its entirety. Formerly, such section pertained to violation declared a civil infraction and derived from Ord. No. 5607, § 2, 12-13-82; Ord. No. 5721, § 2, 2-28-83; Ord. No. 6581, § 2, 12-8-86; Ord. No. 8958, § 4, 9-22-97; Ord. No. 9609, § 2, 10-1-01; and Ord. No. 10036, § 2, 9-7-04.
The city assumes from the state fire marshal all jurisdiction to prescribe minimum standards for fire prevention throughout the territorial jurisdiction of the city, except with respect to state- or county-owned and operated buildings and public schools, wherever located therein.
(Ord. No. 6031, § 1, 6-11-84)
Hazardous materials required to be placarded under 49 C.F.R. part 172, as amended, and radioactive materials subject to regulation under 10 C.F.R. section 71.5, as amended, may not be transported within the city except on truck routes as established by section 20-15 of this Code, notwithstanding the fact that the transporting vehicle does not exceed minimum qualifying weights or sizes as set out in that section.
(Ord. No. 6581, § 4, 12-8-86)
(a) A nontransferable permit for hazardous transport shall be required annually for each person who transports in commerce through the city any hazardous material, other than radioactive material, diesel fuel and gasoline, in quantities required to be placarded by title 49 of the Code of Federal Regulations. A permit for hazardous transport shall be required for gasoline or diesel fuel transported in quantities of one hundred eleven (111) gallons or more. A permit for hazardous transport shall expire one (1) year from the date it is issued.
(b) Any person required by this section to obtain a permit for hazardous transport shall apply to the fire chief for such a permit prior to the intended date of movement of hazardous material into, through or within the city. A permit application, in a form designated by the fire chief, in consultation with the police chief, shall include the following information:
(1) A description of the hazardous materials likely to be transported during the next twelve (12) months.
(2) Proof that the applicant has obtained liability insurance as required by 49 C.F.R. 387.
(3) A showing that the carrier or shipper has selected a route which complies with 49 C.F.R. 397.9, which requires that motor vehicles containing hazardous materials avoid routes through or near heavily populated areas, places where crowds are assembled, tunnels, narrow streets or alleys.
(4) Such other information as may be deemed necessary by the fire chief or the police chief.
(c) The fire chief may submit permit applications hereunder to the police chief for investigation.
(d) The fire chief shall deny the permit for hazardous transport if he determines that adequate emergency response capability does not exist in case of an accident with the material specified in the application or if he determines that the applicant's proposed transportation would for any reason violate applicable federal, state or local laws, regulations or standards relating to motor vehicle safety or to transportation of hazardous materials. A permit may only be denied for good cause shown after notice and opportunity for a hearing if requested by the applicant.
(e) The fire chief may suspend or revoke a permit for failure to comply with the rules and regulations promulgated pursuant to this chapter or for conviction of the permittee for the violation of any substantial federal, state or local law, regulation or standard relating to motor vehicle safety or to transportation of hazardous materials. For purposes of this subsection, "substantial federal, state or local law, regulation or standard" shall mean a law, regulation or standard the violation of which evidences as willful or reckless disregard for public safety. A permit may only be suspended or revoked for good cause shown after notice and opportunity for a hearing if requested by the permittee.
(f) The fire chief shall compile an annual summary, to be submitted to the mayor each July 1 of the permits of hazardous transportation issued during the preceding twelve (12) months and the revenues therefrom.
(Ord. No. 6581, § 4, 12-8-86)
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