TITLE 72

DEPARTMENT OF FIRE AND EMERGENCY MEDICAL SERVICES

 

Chapter 72-10            Administration of the Fire Safety Code Rules and Regulations

 

CHAPTER 72-10

ADMINISTRATION OF THE FIRE SAFETY CODE RULES AND REGULATIONS

 


Part 001          General Provisions

§ 72-10-001    Authority

§ 72-10-005    Purpose and Title

§ 72-10-010    Cooperation with Other Agencies

§ 72-10-015    Scope

 

Part 100          General Requirements

§ 72-10-101    Existing Buildings

§ 72-10-105    Unsafe Structures

§ 72-10-110    Certificate of Fire Report

§ 72-10-115    Fireworks

§ 72-10-120    Fire Hydrant

 

Part 200          Inspections for New Permits

§ 72-10-201    Inspection and Reinspection

 

Part 300          Unannounced Inspections for Existing Permit Holders

§ 72-10-301    Unannounced Inspections

 

Part 400          [Reserved]

 

Part 500          [Reserved]

 

Part 600          Permits and Fines

§ 72-10-601    General

 

Part 700          [Reserved]

 

Part 800          Citation Process

§ 72-10-801    Scope

§ 72-10-805    Purpose

§ 72-10-810    Administration and Enforcement

§ 72-10-815    Corrective Orders and Notices

§ 72-10-820    Unsafe Heating or Electrical Equipment and Structural Hazards

§ 72-10-825    Compliance with Orders and Notices

§ 72-10-830    Compliance with Tags

§ 72-10-835    Police Powers

§ 72-10-840    Authority to Inspect

§ 72-10-845    Right of Entry

§ 72-10-850    Service of Orders and Notices

§ 72-10-855    Adoption of International Fire Code

§ 72-10-860    Order of Closure


 

Subchapter Authority: 1 CMC § 2507; 1 CMC §§ 28001-28053; 2 CMC §§ 7301-7340.

 

Subchapter History: Amdts Adopted 36 Com. Reg. 35612 (Oct. 28, 2014); Amdts Proposed 36 Com. Reg. 35411 (Aug. 28, 2014); Amdts Adopted 34 Com. Reg. 32272 (Jan. 30, 2012); Amdts Proposed 33 Com. Reg. 31860 (Aug. 23, 2011); Amdts Adopted 27 Com. Reg. 25146 (Oct. 24, 2005); Amdts Proposed 27 Com. Reg. 24913 (Sept. 22, 2005); Adopted 24 Com. Reg. 19116 (Apr. 29, 2002); Proposed 23 Com. Reg. 18610 (Nov. 23, 2001).

 

Commission Comment: PL 1-8, tit. 1, ch. 10, codified as amended at 1 CMC §§ 2501-2507, creates the Department of Public Safety (DPS) within the Commonwealth government, formerly composed of a police force and a fire service. See 1 CMC § 2501; see also PL 14-25 § 3 (effective Aug. 20, 2004) (amending 1 CMC § 2501). 1 CMC § 2507 directs the Department to adopt rules and regulations regarding activities over which it has jurisdiction.

 

PL 11-56 (effective Feb. 1, 1999), the “Commonwealth Fire Safety Code Act of 1998,” codified as amended at 2 CMC §§ 7301-7340, establishes a fire safety code for the Commonwealth. See 2 CMC § 7311. 2 CMC § 7321 granted the Fire Division of DPS the power and duty to control fire, to remove fire liabilities, and to enforce all law relating to fires and fire control.

 

The 2005 amendments re-promulgated this subchapter in its entirety.

 

PL 18-73 (effective Jan. 25, 2015), the “Department of Fire and Emergency Medical Services Act,” codified as amended at 1 CMC §§ 28001-28053, created the Department of Fire and Emergency Medical Services (DFEMS) within the Commonwealth government. 1 CMC § 28006 directs the Department to adopt rules and regulations regarding activities over which it has jurisdiction.

 

These regulations were initially adopted by the Department of Public Safety pursuant to its authority under 1 CMC § 2507. Prior to the 2015 establishment of DFEMS, these regulations were located at Title 150, Subchapter 40.1.

 

Part 001 -       General Provisions

 

§ 72-10-001    Authority

 

The Department of Public Safety Fire Division, Fire Prevention and Arson Investigation Unit, is empowered by the Legislature to adopt regulations for the administration and enforcement of the Fire Code Safety Act of 1998. See 1 CMC § 2507(a); 2 CMC §§ 7339(f), 7340(a).

 

History: Amdts Adopted 36 Com. Reg. 35612 (Oct. 28, 2014); Amdts Proposed 36 Com. Reg. 35411 (Aug. 28, 2014); Amdts Adopted 27 Com. Reg. 25146 (Oct. 24, 2005); Amdts Proposed 27 Com. Reg. 24913 (Sept. 22, 2005); Adopted 24 Com. Reg. 19116 (Apr. 29, 2002); Proposed 23 Com. Reg. 18610 (Nov. 23, 2001).

 

Commission Comment: The 2005 amendments re-promulgated this subchapter in its entirety. The Commission, therefore, cites the 2005 amendments in the history sections throughout this subchapter.

 

See the Chapter Comment regarding the reference to the Department of Public Safety.

 

§ 72-10-005    Purpose and Title

 

(a)       Purpose. The Fire Code Regulations govern the administration and enforcement of the Fire Code Safety Act of 1998. See 2 CMC §§ 7301-7340.

 

(b)       Title. The regulations contained in this subchapter may be cited as the “Fire Code Regulations.”

 

History: Amdts Adopted 36 Com. Reg. 35612 (Oct. 28, 2014); Amdts Proposed 36 Com. Reg. 35411 (Aug. 28, 2014); Amdts Adopted 27 Com. Reg. 25146 (Oct. 24, 2005); Amdts Proposed 27 Com. Reg. 24913 (Sept. 22, 2005); Adopted 24 Com. Reg. 19116 (Apr. 29, 2002); Proposed 23 Com. Reg. 18610 (Nov. 23, 2001).

 

§ 72-10-010    Cooperation with Other Agencies

 

(a)       The Fire Prevention and Arson Investigation Unit will actively cooperate with any government agency that permits any building, structure, or activity that is governed by the Fire Code.

 

(b)       Any government agency may contact the Fire Prevention and Arson Investigation Unit to streamline the permit process and ensure that the applicant or permittee is or will be in full compliance with the Fire Code.

 

History: Amdts Adopted 36 Com. Reg. 35612 (Oct. 28, 2014); Amdts Proposed 36 Com. Reg. 35411 (Aug. 28, 2014); Amdts Adopted 27 Com. Reg. 25146 (Oct. 24, 2005); Amdts Proposed 27 Com. Reg. 24913 (Sept. 22, 2005); Adopted 24 Com. Reg. 19116 (Apr. 29, 2002); Proposed 23 Com. Reg. 18610 (Nov. 23, 2001).

 

§ 72-10-015    Scope

 

This code governs:

 

(a)       The manufacturing, storage, handling, use, sale, and transportation of hazardous materials, combustible materials, and devices that create fire hazards.

 

(b)       The design, installation, operation, and maintenance of devices, equipment, and systems designed to prevent, mitigate, control, and extinguish fire, explosions, or other life safety hazards.

 

(c)       Emergency preparedness and planning, including the orderly evacuation of occupants of buildings, structures, or premises in the event of fire, explosion, biological, chemical, or hazardous material incident or release, natural disaster, or other emergency, or the threat thereof.

 

(d)       The prevention, mitigation, and control of fire hazards.

 

(e)       The prevention, mitigation, and control of hazards to firefighters and emergency responders during emergency operations.

 

(f)        The operation and maintenance of any manual, automatic, or other fire alarm or fire extinguishing device, equipment, or system.

 

History: Adopted 36 Com. Reg. 35612 (Oct. 28, 2014); Proposed 36 Com. Reg. 35411 (Aug. 28, 2014).

 

Commission Comment: The Commission corrected the designation of subsection (f) pursuant to 1 CMC § 3806(a). The Commission inserted commas after the words “sale” in subsection (a), “operation,” “equipment,” “control,” and “explosions” in subsection (b), “structures,” “chemical,” and “disaster” in subsection (c), and “automatic” and “equipment” in subsection (f) pursuant to 1 CMC § 3806(g).

 

Part 100 -       General Requirements

 

§ 72-10-101    Existing Buildings

 

If the Fire Prevention and Arson Investigation Unit is informed that a building, structure, or activity is in violation of Fire Code Regulations, then the Fire Prevention and Arson Investigation Unit will ask the owner, occupant, or responsible person for permission to inspect the premises.

 

History: Amdts Adopted 36 Com. Reg. 35612 (Oct. 28, 2014); Amdts Proposed 36 Com. Reg. 35411 (Aug. 28, 2014); Amdts Adopted 27 Com. Reg. 25146 (Oct. 24, 2005); Amdts Proposed 27 Com. Reg. 24913 (Sept. 22, 2005); Adopted 24 Com. Reg. 19116 (Apr. 29, 2002); Proposed 23 Com. Reg. 18610 (Nov. 23, 2001).

 

Commission Comment: The text of this section was designated as subsection (b) in the 2014 amendments. As there were no other subsections, the Commission removed the subsection designation pursuant to 1 CMC § 3806(a).

 

§ 72-10-105    Unsafe Structures

 

Any building, dwelling, or structures found unsafe will be given notice of abatement. This notice will serve as a temporary closure of building and or operation until such time deficiencies rendering it unsafe are rectified.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Adopted 27 Com. Reg. 25146 (Oct. 24, 2005); Amdts Proposed 27 Com. Reg. 24913 (Sept. 22, 2005); Adopted 24 Com. Reg. 19116 (Apr. 29, 2002); Proposed 23 Com. Reg. 18610 (Nov. 23, 2001).

 

Commission Comment: The Commission changed “is” to “are” to correct a manifest error.

 

§ 72-10-110    Certificate of Fire Report

 

(a)       Any person whose house, property, or business establishment is damaged by fire may request a certificate of fire report from the Fire Prevention and Arson Investigation Unit. A certificate of fire report is an acknowledgement from the Fire Prevention and Arson Investigation Unit that a fire occurred. The certificate may include information about the cause of the fire and the extent of the damage caused by the fire. Generally, a certificate of fire report will be completed within ten business days of the fire responsible for the damage.

 

(b)       The office of Fire Prevention and Arson Investigation Unit will not issue an investigation report without written authorization from the Director or the Commissioner of the Department of Public Safety.

 

(c)       The Fire Prevention and Arson Investigation Unit may withhold information regarding a fire if the information is part of a criminal investigation or its release would otherwise endanger the community.

 

History: Amdts Adopted 36 Com. Reg. 35612 (Oct. 28, 2014); Amdts Proposed 36 Com. Reg. 35411 (Aug. 28, 2014); Amdts Adopted 27 Com. Reg. 25146 (Oct. 24, 2005); Amdts Proposed 27 Com. Reg. 24913 (Sept. 22, 2005); Adopted 24 Com. Reg. 19116 (Apr. 29, 2002); Proposed 23 Com. Reg. 18610 (Nov. 23, 2001).

 

Commission Comment: See the Chapter Comment regarding the reference to the Department of Public Safety.

 

§ 72-10-115    Fireworks

 

(a)       It shall be unlawful for any person or business to distribute, store, or sell class “C” fireworks without a valid permit from the Fire Prevention Office.

 

(b)       It shall be unlawful for any person or business to store, use, or sell class “B” fireworks without approval from the Governor’s office. After approval from the Governor, office of Fire Prevention Section must be advised regarding such activities.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Amdts Adopted 27 Com. Reg. 25146 (Oct. 24, 2005); Amdts Proposed 27 Com. Reg. 24913 (Sept. 22, 2005); Adopted 24 Com. Reg. 19116 (Apr. 29, 2002); Proposed 23 Com. Reg. 18610 (Nov. 23, 2001).

 

Commission Comment: In subsection (a), the Commission corrected the spelling of “distribute.” In subsection (b), the Commission corrected the spelling of “business” and “advised.”

 

§ 72-10-120    Fire Hydrant

 

(a)       It shall be unlawful for any person to use or draw water from any fire hydrants without proper written permission from the Director of Fire. Any person found will be cited for tampering with fire appurtenances.

 

(b)       Any persons who wish to use or draw water from a fire hydrant must obtain a permit from the Fire Prevention and Arson Investigation Unit. They will also be required to obtain clearance from the Commonwealth Utilities Corporation prior to obtaining a permit from the Fire Prevention and Arson Investigation Unit.

 

(c)       It shall be the responsibility of the Fire Prevention and Arson Investigation Unit to perform periodic maintenance on fire hydrants to determine serviceability, water pressure during peak and regular hours, landmark hydrants so that locating it would not be a problem during night or inclement weather. Any hydrants found with major damage shall be reported to the proper agency for repair or removal.

 

(d)       Any person or motorist responsible for damaging any hydrant will be liable for the cost of repairing the hydrant or for a new replacement.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Adopted 36 Com. Reg. 35612 (Oct. 28, 2014); Amdts Proposed 36 Com. Reg. 35411 (Aug. 28, 2014); Amdts Adopted 27 Com. Reg. 25146 (Oct. 24, 2005); Amdts Proposed 27 Com. Reg. 24913 (Sept. 22, 2005); Adopted 24 Com. Reg. 19116 (Apr. 29, 2002); Proposed 23 Com. Reg. 18610 (Nov. 23, 2001).

 

Commission Comment: In subsection (a), the Commission corrected the spelling of “appurtenances.” In subsection (b), the Commission changed “person” to “persons” to correct a manifest error.

 

See the Chapter Comment regarding the reference to the Director of Fire.

 

Part 200 -       Inspections for New Permits

 

§ 72-10-201    Inspection and Reinspection

 

(a)       The procedure prescribed by this subsection applies to all inspections and reinspections of buildings, structures, or activities.

 

(b)       The designated official will conduct an inspection or reinspection. The purpose of the inspection or reinspection is to ascertain compliance with Fire Code Regulations and the Fire Code Safety Act of 1998.

 

(c)       If the designated official determines that the building, structure, or activity is in compliance with the Fire Code Regulations and the Fire Code Safety Act of 1998, then the official will process the application for a permit or take other action as necessary.

 

(d)       If the buildings, structure, or activity is not in compliance with the Fire Code Regulations or the Fire Code Safety Act of 1998, then the official will issue a written report identifying specific violations of the Fire Code Regulations or the Fire Code Safety Act of 1998.

 

(e)       If the building, structure, or activity is not in compliance with the Fire Code Regulations or the Fire Code Safety Act of 1998, then the official will schedule a reinspection. The date and time of the reinspection will be within the discretion of the Fire Prevention and Arson Investigation Unit. However, the designated official will attempt to schedule a time and date convenient to the responsible person. The following will be considered when scheduling a reinspection:

(1)       The specific violations of the Fire Code Regulations or the Fire Code Safety Act of 1998;

(2)       The risk to life, property, and the environment created by the violations identified in the written report;

(3)       The difficulty and time required to redress the violations identified in the written report;

(4)       The number of previous inspections.

 

(f)        A copy of the written report identifying specific violations will be given to the owner, occupant, or responsible person.

 

(g)       The designated official may issue an order of closure if the hazards created by the violations pose a substantial risk to life, property, or the environment. The designated official must issue an order of closure if the building, structure, or activity has been reinspected three times and has not come into compliance with the Fire Code Regulations and the Fire Code Safety Act of 1998.

 

History: Amdts Adopted 36 Com. Reg. 35612 (Oct. 28, 2014); Amdts Proposed 36 Com. Reg. 35411 (Aug. 28, 2014); Amdts Adopted 27 Com. Reg. 25146 (Oct. 24, 2005); Amdts Proposed 27 Com. Reg. 24913 (Sept. 22, 2005); Adopted 24 Com. Reg. 19116 (Apr. 29, 2002); Proposed 23 Com. Reg. 18610 (Nov. 23, 2001).

 

Commission Comment: The 2014 amendments repealed former sections 150-40.1-205 through 150-40.1-215.

 

Part 300 -       Unannounced Inspections for Existing Permit Holders

 

§ 72-10-301    Unannounced Inspections

 

Unannounced inspections of permit holders and non-permit holders may be conducted by any official designated by the Fire Prevention and Arson Investigation Unit on any building, premises, business, activity, engagement, or function regulated by the applicable code. The Fire Prevention and Arson Investigation Unit will not charge a fee for an unannounced inspection.

 

History: Amdts Adopted 36 Com. Reg. 35612 (Oct. 28, 2014); Amdts Proposed 36 Com. Reg. 35411 (Aug. 28, 2014); Amdts Adopted 27 Com. Reg. 25146 (Oct. 24, 2005); Amdts Proposed 27 Com. Reg. 24913 (Sept. 22, 2005); Adopted 24 Com. Reg. 19116 (Apr. 29, 2002); Proposed 23 Com. Reg. 18610 (Nov. 23, 2001).

 

Commission Comment: This section was originally an introduction to § 1009, codified at part 300. The Commission created the section title.

 

The 2002 notice of adoption changed the proposed language of this section.

 

The 2014 amendments repealed former sections 150-40.1-305 through 150-40.1-320.

 

Part 400 -       [Reserved]

 

Commission Comment: The 2014 amendments repealed former sections 150-40.1-401 through 150-40.1-420.

 

Part 500 -       [Reserved]

 

Commission Comment: The 2014 amendments repealed former sections 150-40.1-501 through 150-40.1-515.

 

Part 600 -       Permits and Fines

 

§ 72-10-601    General

 

(a)       It shall be unlawful to manufacture, store, handle, use, sell or transport a hazardous material or combustible material, or to conduct an operation or to maintain a facility for which a permit is required pursuant to the provisions of the Fire Code Regulations without such permit. Permits required by this code shall be obtained from the Director of the Fire Prevention and Arson Investigation Unit. Permit and other applicable fees shall be paid prior to issuance of the permit. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by any representative of the unit. The Fire Prevention and Arson Investigation Unit will conduct an inspection before issuing a permit.

 

(b)       Any permit which purports to sanction a violation of the Fire Code Regulations or the Fire Code Safety Act of 1998 will be voidable.

 

(c)       Inspection fees are as follows:

 

Group/Occupancy

Inspection

1st

2nd

3rd

4th

A-1: Fixed seating for production and viewing of performing arts and motion pictures.

• Motion picture theaters

• Symphony and concert halls

• Television and radio studios admitting an audience

• Theaters

$150.00 per 3,000 ft2

$50.00

$75.00

$100.00

A-2: Areas intended for food and/or drink consumption.

• Banquet halls

• Casinos (gaming areas)

• Night clubs

• Restaurants, cafeterias, and similar dining facilities (including associated commercial kitchens)

• Taverns and bars

$150.00 per 3,000 ft2

$50.00

$75.00

$100.00

A-3: Areas intended for worship, recreation, or amusement and other assembly uses.

• Amusement arcades

• Art galleries

• Bowling alleys

• Community halls

• Courtrooms

• Dance halls (not including food or drink consumption)

• Exhibition halls

• Funeral parlors

• Gymnasiums (without spectator seating)

• Indoor swimming pools (without spectator seating)

• Indoor tennis courts (without spectator seating)

• Lecture halls

• Libraries

• Museums

• Places of religious worship

• Pool and billiard parlors

• Waiting areas in transportation terminals

$150.00 per 3,000 ft2

$50.00

$75.00

$100.00

A-4: Areas intended for viewing of indoor sporting events and activities with spectator seating.

• Arenas

• Skating rinks

• Swimming pools

• Tennis courts

$150.00 per 3,000 ft2

$50.00

$75.00

$100.00

A-5: Areas intended for participation in or viewing outdoor activities.

• Amusement park structures

• Bleachers

• Grandstands

• Stadiums

$150.00 per 3,000 ft2

$50.00

$75.00

$100.00

B: Use of a building or structure, or a portion thereof, for office, professional, or service type transactions, including storage of records and accounts.

• Airport traffic control towers

• Ambulatory care facilities

• Animal hospitals, kennels, and pounds

• Banks

• Barber and beauty shops

• Car wash

• Civic administration

• Clinic-outpatient

• Dry cleaning and laundries: pick-up and delivery stations and self-service

• Educational occupancies for students above the 12th grade

• Electronic data processing

• Laboratories: testing and research

• Motor vehicle showrooms

• Post offices

• Print shops

• Professional services (architects, attorneys, dentists, physicians, engineers, etc.)

• Radio and television stations

• Telephone exchanges

• Training and skill development not within a school or academic program

$150.00 per 3,000 ft2

$50.00

$75.00

$100.00

E: The use of a building or structure, or a portion thereof, by six or more persons at any one time for educational purposes thru the 12th grade.

$150.00 per 3,000 ft2

$50.00

$75.00

$100.00

E-Day Care Facilities: This group includes buildings and structures or portions thereof occupied by more than five children older than 2½ years of age who receive educational, supervision, or personal care services for less than 24 hours per day.

$150.00

$50.00

$75.00

$100.00

F: Includes among others, the use of a building or structure, or a portion thereof, for assembling, disassembling, fabricating, finishing, manufacturing, packaging, repair, or processing operations that are not classified as Group H-High hazard or Group S-Storage occupancy.

$150.00 per 3,000 ft2

$50.00

$75.00

$100.00

H-High Hazard: Includes among others, the use of a structure of building, or a portion thereof, that involves the processing, manufacturing, generation, or storage of materials that constitute a physical or health hazard.

$250.00 per 3,000 ft2

$100.00

$150.00

$200.00

I-1: Occupancy includes among other things, the use of a building or structure, or a portion thereof, in which care or supervision is provided to persons who are or are not capable of self-preservation without physical assistance or in which persons are detained for penal or correctional purposes or in which the liberty of the occupant is restricted.

$150.00 per 3,000 ft2

$50.00

$75.00

$100.00

I-2: Buildings and structures used for medical care on a 24-hour basis for more than five persons who are not capable of self-preservation.

• Foster care facilities

• Detoxification facilities

• Hospitals

• Nursing homes

• Psychiatric hospitals

$150.00 per 3,000 ft2

$50.00

$50.00

$100.00

I-3: This occupancy shall include buildings and structures which are inhabited by more than 5 persons who are under restraint or security.

• Correctional centers

• Detention centers

• Jails

• Prerelease centers

• Prisons

• Reformatories

$150.00 per 3,000 ft2

$50.00

$75.00

$100.00

I-4 Day Care Facilities: This group shall include buildings and structures occupied by more than five persons of any age who receive custodial care for less than 24 hours by persons other than parents or guardians, relatives by blood, marriage, or adoption, and in a place other than the home of the person cared for.

$150.00

$50.00

$75.00

$100.00

M: This occupancy includes among other things, buildings or structures or a portion thereof, for the display and sale of merchandise, and involves stocks of goods, wares, or merchandise incidental to such purposes and accessible to the public.

• Department stores

• Drug stores

• Markets

• Motor fuel-dispensing facilities*

• Retail or wholesale stores

• Sales rooms

$150.00 per 3,000 ft2

* these facilities may be associated with Group H or Group S-Moderate Hazard Storage and applicable fees may be applied

$50.00

$75.00

$100.00

R-1: Residential occupancies containing sleeping units where the occupants are primarily transient in nature.

• Boarding houses (transient) with more than 10 occupants

• Congregate living facilities (transient) with more than 10 occupants

• Hotels (transient)

• Motels (transient)

$150.00 per 3,000 ft2 up to 3-stories and $150.00 per 3,000 ft2 for every 3-stories thereafter

$50.00

$75.00

$100.00

R-2: Residential occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature.

• Apartment houses

• Boarding houses (non-transient) with more than 16 occupants

• Congregate living facilities (non-transient) with more than 16 occupants

• Convents

• Dormitories

• Fraternities and sororities

• Hotels (non-transient)

• Live/work units

• Monasteries

• Motels (non-transient)

• Vacation timeshare properties

$150.00 per 3,000 ft2 up to 3-stories and $150.00 per 3,000 ft2 for every 3-stories thereafter

$50.00

$75.00

$100.00

R-3: Residential occupancies where the occupants are primarily permanent in nature.

$150.00 per 3,000 ft2

$50.00

$75.00

$100.00

R-4: This occupancy shall include buildings or portions thereof for more than five persons but not more than 16 persons, excluding staff, who reside on a 24-hour basis in a supervised residential environment and receive custodial care. The people receiving care are capable of self-preservation.

$150.00 per 3,000 ft2

$50.00

$75.00

$100.00

S-1: Moderate hazard storage

$250.00

$100.00

$150.00

$200.00

S-2: Low hazard storage

$150.00

$50.00

$75.00

$100.00

U: Miscellaneous buildings and structures of an accessory character and miscellaneous structures not classified in any specific occupancy shall be constructed, equipped, and maintained to conform to the requirements of this code commensurate with the fire and life hazard incidental to their occupancy.

$75.00

$25.00

$50.00

$75.00

Other Permits:

1. Open-Burning

2. Class “B” Fireworks display (requires approval from the Governor)

3. Class “C” Fireworks (wholesale/storage)

4. Class “C” (display)

5. Class “C” (retail)

 

1. $10

2. $1000

3. $750

4. $500

5. $250

N/A

N/A

N/A

 

(d) The following acts are prohibited and are punishable by the following fines:

IFC

GENERAL OFFENSES

FINE

100.1

Noncompliance to Permits, Orders, or Notices

$500.00

100.2

Failure to comply with nationally recognized standards

$500.00

100.3

Removal and Destruction of Tags and Signs

$500.00

 

(e) In addition to any other fines provided for by statute or by regulation, the failure to obtain a permit required by law or comply with the following sections of the International Fire Code is punishable by the following fines:

IFC

SPECIFIC OFFENSES

FINE

303

Asphalt Kettles

$500.00

304

Combustible Waste Material

$1,000.00

305

Ignition Sources

$1,000.00

306

Motion Picture Projection Room and Film

$1,000.00

307

Open Burning, Recreational Fires, and Portable Outdoor Fireplaces

$500.00

308

Open Flames

$500.00

309

Powered Industrial Trucks and Equipment

$1,000.00

310

Smoking

$250.00

311

Vacant Premises

$250.00

312

Vehicle Impact Protection

$250.00

313

Fueled Equipment

$1,000.00

314

Indoor Displays

$1,000.00

315

General Storage

$1,000.00

316

Hazards to Fire Fighters

$5,000.00

317

Rooftop Gardens and Landscaped Roofs

$500.00

318

Laundry Carts

$250.00

401

Emergency Planning and Preparedness

$500.00

403

Public Assemblages and Events

$250.00

404

Fire Safety and Evacuation Plans

$250.00

405

Emergency Evacuation Drills

$1,000.00

406

Employee Training and Response Procedures

$1,000.00

407

Hazard Communication

$500.00

408

Use and Occupancy Related Requirements

$250.00

501

Fire Service Features

$150.00

503

Fire Apparatus Access Roads

$500.00

504

Access to Building Openings and Roofs

$1,000.00

505

Premises Identification

$50.00

506

Key Boxes

$100.00

507

Fire Protection Water Supplies

$2,000.00

508

Fire Command Center

$1,000.00

509

Fire Protection and Utility Equipment Identification and Access

$1,000.00

510

Emergency Responder Radio Coverage

$250.00

603

Fuel – Fired Appliances

$1,000.00

604

Emergency and Standby Powers

$1,000.00

605

Electrical Equipment, Wiring, and Hazards

$1,000.00

606

Mechanical Refrigeration

$1,000.00

607

Elevator Operations, Maintenance, and Fire Service Keys

$1,000.00

608

Stationary Storage Battery Systems

$5,000.00

609

Commercial Kitchen Hoods

$5,000.00

610

Commercial Kitchen Cooking Oil Storage

$3,000.00

703

Fire Resistance Rated Construction

$10,000.00

704

Floor Openings and Shafts

$2,000.00

803

Interior Wall and Ceiling Finish and Trim in Existing Buildings

$10,000.00

804

Interior Wall and Ceiling Finish and Trim in New and Existing Buildings

$10,000.00

805

Upholstered Furniture and Mattresses in New and Existing Buildings

$10,000.00

806

Decorative Vegetation in New and Existing Buildings

$5,000.00

807

Decorative Materials other than Decorative Vegetation in New and Existing Buildings

$5,000.00

808

Furnishings other than Upholstered Furniture and Mattresses or Decorative Materials in New and Existing Buildings

$5,000.00

901

Fire Protection Systems

$1,000.00

903

Automatic Sprinkler Systems

$10,000.00

904

Alternative Automatic Fire-Extinguishing Systems

$5,000.00

905

Standpipe Systems

$5,000.00

906

Portable Fire Extinguishers

$500.00

907

Fire Alarm and Detection Systems

$10,000.00

908

Emergency Alarm Systems

$10,000.00

909

Smoke Control Systems

$5,000.00

910

Smoke and Heat Removal

$5,000.00

911

Explosion Control

$20,000.00

912

Fire Department Connections

$5,000.00

913

Fire Pumps

$5,000.00

914

Fire Protection Based on Special Detailed Requirements of Use and Occupancy

$10,000.00

1003

General Means of Egress

$1,000.00

1004

Occupant Load

$1,000.00

1005

Means of Egress Sizing

$1,000.00

1006

Means of Egress Illumination

$1,000.00

1007

Accessible Means of Egress

$1,000.00

1008

Doors Gates and Turnstiles

$1,000.00

1009

Stairways

$1,000.00

1010

Ramps

$1,000.00

1011

Exit Signs

$1,000.00

1012

Handrails

$1,000.00

1013

Guards

$1,000.00

1014

Exit Access

$1,000.00

1015

Exit and Exit Access Doorways

$1,000.00

1016

Exit Access Travel Distance

$1,000.00

1017

Aisles

$1,000.00

1018

Corridors

$1,000.00

1019

Egress Balconies

$1,000.00

1020

Exits

$1,000.00

1021

Number of Exits and Exit

$1,000.00

1022

Interior Exit Stairway

$1,000.00

1023

Exit Passageways

$1,000.00

1024

Luminous Egress Path Markings

$1,000.00

1025

Horizontal Exits

$1,000.00

1026

Exterior Exit Stairways and Ramps

$1,000.00

1027

Exit Discharge

$1,000.00

1028

Assembly

$1,000.00

1029

Emergency Escape and Rescue

$1,000.00

1030

Maintenance of the Means of Egress

$1,000.00

1101

Construction Requirements for Existing Buildings

$500.00

1103

Fire Safety Requirements for Existing Buildings

$1,000.00

1104

Means of Egress for Existing Buildings

$1,000.00

1105

Requirements for Outdoor Operations

$1,000.00

2001

Aviation Facilities

$2,000.00

2003

General Precautions for Aviation Facilities

$1,000.00

2004

Aircraft Maintenance

$2,000.00

2005

Portable Fire Extinguishers for Aviation Facilities

$1,000.00

2006

Aircraft Fueling

$1,000.00

2007

Helistops and Heliports

$2,000.00

2101

Dry Cleaning

$1,000.00

2103

Dry Cleaning Solvent Classification

$1,000.00

2104

Dry Cleaning General Requirements

$1,000.00

2105

Operational Requirements

$1,000.00

2106

Spotting and Pretreating

$1,000.00

2107

Dry Cleaning Systems

$1,000.00

2108

Dry Cleaning Fire Protection

$10,000.00

2201

Combustible Dust-Producing Operations

$1,000.00

2203

Combustible Dust-Producing Operations Precautions

$1,000.00

2204

Combustible Dust-Producing Operations Explosions

$10,000.00

2301

Motor Fuel-Dispensing Facilities and Repair Garages

$1,000.00

2303

Location of Dispensing Devices

$2,000.00

2304

Dispensing Operations

$2,000.00

2305

Operational Requirements

$5,000.00

2306

Flammable and Combustible Liquid Motor Fuel-Dispensing Facilities

$10,000.00

2307

Liquefied Petroleum Gas Motor Fuel-Dispensing Facilities

$10,000.00

2308

Compressed Natural Gas Motor Fuel-Dispensing Facilities

$10,000.00

2309

Hydrogen Motor Fuel-Dispensing and Generation Facilities

$10,000.00

2310

Marine Motor Fuel Dispensing Facilities

$10,000.00

2311

Repair Garages

$10,000.00

2401

Flammable Finishes

$5,000.00

2403

Protection of Operations

$10,000.00

2404

Spray Finishing

$5,000.00

2505

Dipping Operations

$10,000.00

2406

Powder Coating

$10,000.00

2407

Electrostatic Apparatus

$2,000.00

2408

Organic Peroxide and Dual-Component Coatings

$10,000.00

2409

Indoor Manufacturing of Reinforced Plastics

$10,000.00

2410

Floor Surfacing and Finishing Operations

$500.00

2501

Fruit and Crop Ripening

$500.00

2503

Fruit and Crop Ripening Ethylene Gas

$1,000.00

2504

Fruit and Crop Ripening Sources of Ignition

$1,000.00

2505

Fruit and Crop Ripening Combustible Waste

$1,000.00

2506

Fruit and Crop Ripening Ethylene Generators

$1,000.00

2507

Fruit and Crop Ripening Warning Signs

$1,000.00

2601

Fumigation and Insecticidal Fogging

$1,000.00

2603

Fumigation and Insecticidal Fogging Fire Safety Requirements

$1,000.00

2701

Semiconductor Fabrication Facilities

$1,000.00

2703

Semiconductor Fabrication Facilities General Safety Provisions

$1,000.00

2704

Semiconductor Fabrication Facilities Storage

$1,000.00

2705

Semiconductor Fabrication Facilities Use and Handling

$1,000.00

2801

Lumber Yards and Wood Working Facilities

$1,000.00

2803

Lumber Yards and Wood Working Facilities General Requirements

$1,000.00

2804

Lumber Yards and Wood Working Facilities Fire Protection

$1,000.00

2805

Lumber Yards and Wood Working Facilities Plywood, Veneer, and Composite Board Mills

$1,000.00

2806

Lumber Yards and Wood Working Facilities Log Storage Areas

$1,000.00

2807

Lumber Yards and Wood Working Facilities Storage of Wood Chips and Hogged Material Associated with Timber and Lumber Production Facilities

$1,000.00

2808

Lumber Yards and Wood Working Facilities Storage and Processing of Wood Chips, Hogged Material, Fines, Compost, and Raw Product Associated with Yard Waste and Recycling Facilities

$1,000.00

2809

Lumber Yards and Wood Working Facilities Exterior Storage of Finished Lumber Products

$1,000.00

2901

Manufacture of Organic Coatings

$1,000.00

2903

Manufacture of Organic Coatings General Precautions

$1,000.00

2904

Manufacture of Organic Coatings Electrical Equipment and Protection

$1,000.00

2905

Manufacture of Organic Coatings Process Structures

$1,000.00

2906

Manufacture of Organic Coatings Process Mills and Kettles

$1,000.00

2907

Manufacture of Organic Coatings Process Piping

$1,000.00

2908

Manufacture of Organic Coatings Raw Materials in Process Areas

$1,000.00

2909

Manufacture of Organic Coatings Raw Materials and Finished Products

$1,000.00

3001

Industrial Ovens

$1,000.00

3003

Industrial Ovens Location

$1,000.00

3004

Industrial Ovens Fuel Piping

$1,000.00

3005

Industrial Ovens Interlocks

$1,000.00

3006

Industrial Ovens Fire Protection

$1,000.00

3007

Industrial Ovens Operation and Maintenance

$1,000.00

3101

Tents and Other Membrane Structures

$1,000.00

3103

Tents and Other Membrane Structures Temporary

$1,000.00

3104

Tents and Other Membrane Structures Temporary and Permanent

$1,000.00

3201

High-Piled Combustible Storage

$2,000.00

3203

High-Piled Combustible Storage Commodity Classification

$500.00

3204

High-Piled Combustible Storage Designation of High-Piled Storage Areas

$2,000.00

3205

High-Piled Combustible Storage Housekeeping and Maintenance

$2,000.00

3206

High-Piled Combustible Storage General Fire Protection and Life Safety features

$2,000.00

3207

High-Piled Combustible Storage Solid-Piled and Shelf Storage

$2,000.00

3208

High-Piled Combustible Storage Rack Storage

$2,000.00

3209

High-Piled Combustible Storage Automated Storage

$2,000.00

3210

High-Piled Combustible Storage Specialty Storage

$2,000.00

3303

Fire Safety During Construction and Demolition Temporary Heating Equipment

$2,000.00

3304

Fire Safety During Construction and Demolition Precautions and Fire

$2,000.00

3305

Fire Safety During Construction and Demolition Flammable and Combustible Liquids

$2,000.00

3306

Fire Safety During Construction and Demolition Flammable Gases

$2,000.00

3307

Fire Safety During Construction and Demolition Explosive Materials

$10,000.00

3308

Fire Safety During Construction and Demolition Owner’s Responsibility for Fire Protection

$2,000.00

3309

Fire Safety During Construction and Demolition Fire Reporting

$2,000.00

3310

Fire Safety During Construction and Demolition Access for Fire Fighting

$2,000.00

3311

Fire Safety During Construction and Demolition Means of Egress

$2,000.00

3312

Fire Safety During Construction and Demolition Water Supply for Fire Protection

$2,000.00

3313

Fire Safety During Construction and Demolition Standpipes

$2,000.00

3314

Fire Safety During Construction and Demolition Automatic Sprinkler System

$2,000.00

3315

Fire Safety During Construction and Demolition Portable Fire Extinguishers

$2,000.00

3316

Fire Safety During Construction and Demolition Motorized Construction Equipment

$2,000.00

3317

Fire Safety During Construction and Demolition Safeguarding Roofing Operation

$2,000.00

3401

Tire Rebuilding and Tire Storage

$2,000.00

3403

Tire Rebuilding

$2,000.00

3404

Tire Rebuilding and Tire Storage Precautions Against Fire

$2,000.00

3405

Tire Rebuilding and Tire Storage Outdoor Storage

$2,000.00

3406

Tire Rebuilding and Tire Storage Fire Department Access

$2,000.00

3407

Tire Rebuilding and Tire Storage Fencing

$2,000.00

3408

Tire Rebuilding and Tire Storage Fire Protection

$2,000.00

3409

Tire Rebuilding and Tire Storage Indoor Storage Arrangement

$2,000.00

3501

Welding and Other Hot Work

$5,000.00

3503

Welding and Other Hot Work General Requirements

$2,000.00

3504

Welding and Other Hot Work Fire Safety Requirements

$5,000.00

3505

Welding and Other Hot Work Gas Welding and Cutting

$5,000.00

3506

Welding and Other Hot Work Electric Arc Hot Work

$5,000.00

3507

Welding and Other Hot Work Calcium Carbide Systems

$5,000.00

3508

Welding and Other Hot Work Acetylene Generators

$5,000.00

3509

Welding and Other Hot Work Piping Manifolds and Hose Systems for Fuel Gases and Systems

$5,000.00

3601

Marinas

$2,000.00

3603

Marinas General Precautions

$2,000.00

3604

Marinas Fire Protection Equipment

$2,000.00

3605

Marinas Marine Motor Fuel-Dispensing Facilities

$5,000.00

5001

Hazardous Materials General-Provisions

$5,000.00

5003

Hazardous Materials General-Provisions General Requirements

$5,000.00

5004

Hazardous Materials General-Provisions Storage

$5,000.00

5005

Hazardous Materials General-Provisions Use, Dispensing, and Handling

$5,000.00

5101

Aerosols

$5,000.00

5103

Aerosols Classification of Aerosol Products

$5,000.00

5104

Aerosols Inside Storage of Aerosol Products

$5,000.00

5105

Aerosols Outside Storage

$5,000.00

5106

Aerosols Retail Display

$5,000.00

5107

Aerosols Manufacturing Facilities

$5,000.00

5201

Combustible Fibers

$3,000.00

5203

Combustible Fibers General Precautions

$3,000.00

5204

Combustible Fibers Loose Fiber Storage

$3,000.00

5205

Combustible Fibers Baled Storage

$3,000.00

5301

Compressed Gases

$5,000.00

5303

Compressed Gases General Requirements

$5,000.00

5304

Compressed Gases Storage of Compressed Gases

$5,000.00

5305

Compressed Gases Use and Handling

$5,000.00

5306

Compressed Gases, Medical Gas Systems

$5,000.00

5307

Compressed Gases not Otherwise Regulated

$5,000.00

5401

Corrosive Materials

$2,000.00

5403

Corrosive Materials General Requirements

$2,000.00

5404

Corrosive Materials Storage

$2,000.00

5405

Corrosive Materials Use

$2,000.00

5501

Cryogenic Fluids

$2,000.00

5503

Cryogenic Fluids General Requirements

$2,000.00

5504

Cryogenic Fluids

$2,000.00

5505

Cryogenic Fluids Use and Handling

$2,000.00

5601

Explosives and Fireworks

$5,000.00

5603

Explosives and Fireworks Record Keeping

$1,000.00

5604

Explosives and Fireworks Explosive Material Storage and Handling

$10,000.00

5605

Explosives and Fireworks Manufacture, Assembly, and Testing of Explosive Materials and Fire Works

$10,000.00

5606

Explosives and Fireworks Small Arms Ammunition and Small Arms Ammunition Components

$5,000.00

5607

Explosives and Fireworks Blasting

$10,000.00

5608

Explosives and Fireworks Fireworks Display

$5,000.00

5609

Explosives and Fireworks Temporary Storage of Consumer Fireworks

$2,000.00

5701

Flammable and Combustible Liquids

$5,000.00

5703

Flammable and Combustible Liquids General Requirements

$5,000.00

5704

Flammable and Combustible Liquids Storage

$5,000.00

5705

Flammable and Combustible Liquids Dispensing, Use, Mixing, and Handling

$5,000.00

5706

Flammable and Combustible Liquids Special Operations

$5,000.00

5801

Flammable Gases and Flammable Cryogenic

$5,000.00

5803

Flammable Gases and Flammable Cryogenic General Requirements

$5,000.00

5804

Flammable Gases and Flammable Cryogenic Storage

$5,000.00

5805

Flammable Gases and Flammable Cryogenic Use

$5,000.00

5806

Flammable Gases and Flammable Cryogenic Flammable Cryogenic Fluids

$5,000.00

5807

Flammable Gases and Flammable Cryogenic Metal Hydride Storage Systems

$5,000.00

5901

Flammable Solids

$5,000.00

5903

Flammable Solids General Requirements

$5,000.00

5904

Flammable Solids Storage

$5,000.00

5905

Flammable Solids Use

$5,000.00

5906

Flammable Solids Magnesium

$5,000.00

6001

Highly Toxic and Toxic Materials

$10,000.00

6003

Highly Toxic and Toxic Materials Highly Toxic and Toxic Solids and Liquids

$10,000.00

6004

Highly Toxic and Toxic Materials Highly Toxic and Toxic Compressed Gases

$10,000.00

6005

Highly Toxic and Toxic Materials Ozone Gas Generators

$10,000.00

6101

Liquefied Petroleum Gases

$1,000.00

6103

Liquefied Petroleum Gases Installation of Equipment

$5,000.00

6104

Liquefied Petroleum Gases Location of LP Gas Containers

$5,000.00

6105

Liquefied Petroleum Gases Prohibited Use of LP Gas

$5,000.00

6106

Liquefied Petroleum Gases Dispensing and Overfilling

$5,000.00

6107

Liquefied Petroleum Gases Safety Precautions and Devices

$5,000.00

6108

Liquefied Petroleum Gases Fire Protection

$5,000.00

6109

Liquefied Petroleum Gases Storage of LP Gas Containers Awaiting Use or Resale

$5,000.00

6110

Liquefied Petroleum Gases LP Gas Containers not in Service

$5,000.00

6111

Liquefied Petroleum Gases Parking and Garaging of LP-Gas Tank Vehicles

$5,000.00

6201

Organic Peroxides

$5,000.00

6203

Organic Peroxides General Requirements

$2,000.00

6204

Organic Peroxides Storage

$2,000.00

6205

Organic Peroxides Use

$2,000.00

6301

Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids

$2,000.00

6303

Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids General Requirements

$2,000.00

6304

Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids Storage

$2,000.00

6305

Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids Use

$2,000.00

6306

Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids Liquid Oxygen in Home Health

$2,000.00

6401

Pyrophoric Materials

$2,000.00

6403

Pyrophoric Materials General Requirements

$2,000.00

6404

Pyrophoric Materials Storage

$2,000.00

6405

Pyrophoric Materials Use

$2,000.00

6501

Pyroxylin (Cellulose Nitrate) Plastics

$2,000.00

6503

Pyroxylin (Cellulose Nitrate) Plastics General Requirements

$2,000.00

6504

Pyroxylin (Cellulose Nitrate) Plastics Storage and Handling

$2,000.00

6601

Unstable (Reactive) Material

$2,000.00

6603

Unstable (Reactive) Material General Requirements

$2,000.00

6604

Unstable (Reactive) Material Storage

$2,000.00

6605

Unstable (Reactive) Material Use

$2,000.00

6701

Water-Reactive Solids and Liquids

$2,000.00

6703

Water-Reactive Solids and Liquids General Requirements

$2,000.00

6704

Water-Reactive Solids and Liquids Storage

$2,000.00

6705

Water-Reactive Solids and Liquids Use

$2,000.00

 

History: Amdts Adopted 36 Com. Reg. 35612 (Oct. 28, 2014); Amdts Proposed 36 Com. Reg. 35411 (Aug. 28, 2014); Amdts Adopted 27 Com. Reg. 25146 (Oct. 24, 2005); Amdts Proposed 27 Com. Reg. 24913 (Sept. 22, 2005); Adopted 24 Com. Reg. 19116 (Apr. 29, 2002); Proposed 23 Com. Reg. 18610 (Nov. 23, 2001).

 

Commission Comment: The Commission corrected subsection designations pursuant to 1 CMC § 3806(a). The Commission corrected the capitalization of the words “unit” in subsection (a), “health hazard” in subsection (c), and “fire” in subsection (e) pursuant to 1 CMC § 3806(f). The Commission corrected the spelling of the words “pictures,” “buildings,” and “structures” in subsection (c) and “protection,” “precautions,” and “liquefied”  in subsection (e) pursuant to 1 CMC § 3806(g). The Commission inserted a bullet before the phrases “taverns and bars” and “waiting areas in transportation terminals” in subsection (c) pursuant to 1 CMC § 3806(g). The Commission inserted commas after the words “cafeterias,” “recreation,” “professional,” “kennels,” “supervision,” “repair,” “generation,” “wares,” and “equipped” in subsection (c) and “fires,” “wiring,” “maintenance,” “veneer,” “compost,” “dispensing,” “assembly,” “mixing,” and “gases” in subsection (e) pursuant to 1 CMC § 3806(g).

 

See the Chapter Comment regarding the reference to the Director.

 

Part 700 -       [Reserved]

 

Commission Comment: The 2014 amendments repealed former sections 150-40.1-701 through 150-40.1-710.

 

Part 800 -       Citation Process

 

§ 72-10-801    [Reserved]

 

[Reserved.]

 

History: Amdts Adopted 36 Com. Reg. 35612 (Oct. 28, 2014); Amdts Proposed 36 Com. Reg. 35411 (Aug. 28, 2014); Amdts Adopted 27 Com. Reg. 25146 (Oct. 24, 2005); Amdts Proposed 27 Com. Reg. 24913 (Sept. 22, 2005); Adopted 24 Com. Reg. 19116 (Apr. 29, 2002); Proposed 23 Com. Reg. 18610 (Nov. 23, 2001).

 

Commission Comment: This section was titled “Scope” before its repeal in 2014.

 

§ 72-10-805    [Reserved]

 

[Reserved.]

 

History: Amdts Adopted 36 Com. Reg. 35612 (Oct. 28, 2014); Amdts Proposed 36 Com. Reg. 35411 (Aug. 28, 2014); Amdts Adopted 27 Com. Reg. 25146 (Oct. 24, 2005); Amdts Proposed 27 Com. Reg. 24913 (Sept. 22, 2005); Adopted 24 Com. Reg. 19116 (Apr. 29, 2002); Proposed 23 Com. Reg. 18610 (Nov. 23, 2001).

 

Commission Comment: This section was titled “Purpose” before its repeal in 2014.

 

§ 72-10-810    [Reserved]

 

[Reserved.]

 

History: Amdts Adopted 36 Com. Reg. 35612 (Oct. 28, 2014); Amdts Proposed 36 Com. Reg. 35411 (Aug. 28, 2014); Amdts Adopted 27 Com. Reg. 25146 (Oct. 24, 2005); Amdts Proposed 27 Com. Reg. 24913 (Sept. 22, 2005); Adopted 24 Com. Reg. 19116 (Apr. 29, 2002); Proposed 23 Com. Reg. 18610 (Nov. 23, 2001).

 

Commission Comment: This section was titled “Administration and Enforcement” before its repeal in 2014.

 

§ 72-10-815    [Reserved]

 

[Reserved.]

 

History: Amdts Adopted 36 Com. Reg. 35612 (Oct. 28, 2014); Amdts Proposed 36 Com. Reg. 35411 (Aug. 28, 2014); Amdts Adopted 27 Com. Reg. 25146 (Oct. 24, 2005); Amdts Proposed 27 Com. Reg. 24913 (Sept. 22, 2005); Adopted 24 Com. Reg. 19116 (Apr. 29, 2002); Proposed 23 Com. Reg. 18610 (Nov. 23, 2001).

 

Commission Comment: This section was titled “Corrective Orders and Notices” before its repeal in 2014.

 

§ 72-10-820    [Reserved]

 

[Reserved.]

 

History: Amdts Adopted 36 Com. Reg. 35612 (Oct. 28, 2014); Amdts Proposed 36 Com. Reg. 35411 (Aug. 28, 2014); Amdts Adopted 27 Com. Reg. 25146 (Oct. 24, 2005); Amdts Proposed 27 Com. Reg. 24913 (Sept. 22, 2005); Adopted 24 Com. Reg. 19116 (Apr. 29, 2002); Proposed 23 Com. Reg. 18610 (Nov. 23, 2001).

 

Commission Comment: This section was titled “Unsafe Heating or Electrical Equipment and Structural Hazards” before its repeal in 2014.

 

§ 72-10-825    Compliance with Orders and Notices

 

Orders and notices issued or served as provided by the Fire Code Regulations shall be complied with by the owner, operator, occupant, or any other person responsible for the condition or violation to which the order or notice pertains.

 

History: Amdts Adopted 36 Com. Reg. 35612 (Oct. 28, 2014); Amdts Proposed 36 Com. Reg. 35411 (Aug. 28, 2014); Amdts Adopted 27 Com. Reg. 25146 (Oct. 24, 2005); Amdts Proposed 27 Com. Reg. 24913 (Sept. 22, 2005); Adopted 24 Com. Reg. 19116 (Apr. 29, 2002); Proposed 23 Com. Reg. 18610 (Nov. 23, 2001).

 

Commission Comment: The 2014 amendments repealed former subsections (b) and (c).

 

§ 72-10-830    Compliance with Tags

 

A building, premises, or any establishment shall not be used when a tag or notice of closure has been affixed to it in accordance with the Fire Code Regulations.

 

History: Amdts Adopted 36 Com. Reg. 35612 (Oct. 28, 2014); Amdts Proposed 36 Com. Reg. 35411 (Aug. 28, 2014); Amdts Adopted 27 Com. Reg. 25146 (Oct. 24, 2005); Amdts Proposed 27 Com. Reg. 24913 (Sept. 22, 2005); Adopted 24 Com. Reg. 19116 (Apr. 29, 2002); Proposed 23 Com. Reg. 18610 (Nov. 23, 2001).

 

Commission Comment: The 2014 amendments repealed former subsection (b).

 

§ 72-10-835    Police Powers

 

(a)       The Fire Director and members of the fire prevention shall have the powers of a police officer in performing their duties under the code in this subchapter.

 

(b)       When requested to do so by the Director, the Chief of Police is authorized to assign such available police officers as necessary to assist the fire department in enforcing the provisions of this code.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Amdts Adopted 36 Com. Reg. 35612 (Oct. 28, 2014); Amdts Proposed 36 Com. Reg. 35411 (Aug. 28, 2014); Amdts Adopted 27 Com. Reg. 25146 (Oct. 24, 2005); Amdts Proposed 27 Com. Reg. 24913 (Sept. 22, 2005); Adopted 24 Com. Reg. 19116 (Apr. 29, 2002); Proposed 23 Com. Reg. 18610 (Nov. 23, 2001).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b).

 

See the Chapter Comment regarding the reference to the Fire Director.

 

§ 72-10-840    Authority to Inspect

 

The Fire Prevention and Arson Investigation Unit shall inspect, as often as necessary, buildings and premises, including such other hazards or appliances designated by the Director of Fire 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 the Fire Code Regulations or the Fire Code Safety Act of 1998.

 

History: Amdts Adopted 36 Com. Reg. 35612 (Oct. 28, 2014); Amdts Proposed 36 Com. Reg. 35411 (Aug. 28, 2014); Amdts Adopted 27 Com. Reg. 25146 (Oct. 24, 2005); Amdts Proposed 27 Com. Reg. 24913 (Sept. 22, 2005); Adopted 24 Com. Reg. 19116 (Apr. 29, 2002); Proposed 23 Com. Reg. 18610 (Nov. 23, 2001).

 

Commission Comment: See the Chapter Comment regarding the reference to the Director of Fire.

 

§ 72-10-845    Right of Entry

 

(a)       Whenever necessary to make an inspection to enforce any of the provisions of the Fire Code Regulations or the Fire Code Safety Act of 1998, or whenever the Director of Fire has reasonable cause to believe that there exists in any building or upon any premises any condition which makes such building or premises unsafe, the Director or designated official is authorized to enter such building or premises at all reasonable times to inspect the same or to perform any duty authorized by this code, provided that if such building or premises is occupied, the Director or designated official shall first present proper credentials and demand entry; and if such building or premises is unoccupied, the Director or designated official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Director or designated official shall have recourse to every remedy provided by law to secure entry.

 

(b)       If the owner or occupant denies entry, the Director or designated official is authorized to obtain a proper inspection warrant or other remedy provided by law to secure entry. Owners, occupants, or any other persons having charge, care, or control of any building or premises shall, after proper request is made as herein provided, promptly permit entry therein by the Director or designated official for the purpose of inspection and examination pursuant to the code in this subchapter.

 

History: Amdts Adopted 36 Com. Reg. 35612 (Oct. 28, 2014); Amdts Proposed 36 Com. Reg. 35411 (Aug. 28, 2014); Amdts Adopted 27 Com. Reg. 25146 (Oct. 24, 2005); Amdts Proposed 27 Com. Reg. 24913 (Sept. 22, 2005); Adopted 24 Com. Reg. 19116 (Apr. 29, 2002); Proposed 23 Com. Reg. 18610 (Nov. 23, 2001).

 

Commission Comment: The 2014 amendments repealed former subsection (c). The 2014 amendments bore the heading “NMIAC § 150-40.1-840 is hereby amended to read as follows:” but contained amendments to § 150-40.1-845.

 

See the Chapter Comment regarding the reference to the Director of Fire.

 

§ 72-10-850    Service of Orders and Notices

 

(a)       Orders and notices authorized or required by the code in this subchapter shall be given or served upon the owner, operator, occupant, or other person responsible for the condition or violation either by verbal notification, personal service, or delivering the same to and leaving it with a person of suitable age and discretion upon the premises: or, if no such person is found on the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of said premises and by mailing a copy thereof to such person by registered or certified mail to the person’s last known address.

 

(b)       Orders or notices that are given verbally shall be confirmed by service in writing as herein provided.

 

History: Amdts Adopted 36 Com. Reg. 35612 (Oct. 28, 2014); Amdts Proposed 36 Com. Reg. 35411 (Aug. 28, 2014); Amdts Adopted 27 Com. Reg. 25146 (Oct. 24, 2005); Amdts Proposed 27 Com. Reg. 24913 (Sept. 22, 2005); Adopted 24 Com. Reg. 19116 (Apr. 29, 2002); Proposed 23 Com. Reg. 18610 (Nov. 23, 2001).

 

Commission Comment: The 2014 amendments bore the heading “NMIAC § 150-40.1-840 is hereby amended to read as follows:” but contained amendments to § 150-40.1-850.

 

§ 72-10-855    Adoption of International Fire Code

 

The most up to date version of the International Fire Code, subject to the amendments provided in this section and the Fire Code Safety Act of 1998, is adopted and made a part of the Fire Code Regulations.

 

History: Adopted 36 Com. Reg. 35612 (Oct. 28, 2014); Proposed 36 Com. Reg. 35411 (Aug. 28, 2014).

 

§ 72-10-860    Order of Closure

 

(a)       Whenever the Fire Prevention and Arson Investigation Unit finds any work, structure, or activity regulated by this code or by the Fire Code Safety Act of 1998 in a manner contrary to the provisions of such code or the law, any design and installation document approved by the Director, or any condition of a permit, or otherwise being performed in an unsafe manner, the Director or a designated official may issue an order of closure.

 

(b)       An order of closure shall be in writing and shall be issued to the owner or other person occupying, using, authorizing, supervising, or engaging in work that is contrary to this code or the law. Upon issuance of an order of closure, the cited activity, work, building, structure, or premises, shall be closed to the public and will not be used for habitation. The order of closure shall state the reason for the order, and the conditions under which the order may be lifted.

 

(c)       Where an emergency exists, the official issuing an order of closure shall not be required to give written notice prior to issuing an order of closure.

 

History: Adopted 36 Com. Reg. 35612 (Oct. 28, 2014); Proposed 36 Com. Reg. 35411 (Aug. 28, 2014).