Representative Michael S. Kennedy proposes the following substitute bill:


1     
AMENDMENTS TO FIRE CODE

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Michael S. Kennedy

5     
Senate Sponsor: Alvin B. Jackson

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions of the State Fire Code Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     modifies provisions relating to a person's right to appeal a fire code official's order,
14     decision, or determination;
15          ▸     addresses the timing for a secondary school in a Group E occupancy to perform
16     certain emergency evacuation drills for fire; and
17          ▸     addresses the process for accounting for and securing a key to a key box that a state
18     fire official requires a person to install in accordance with the provisions of this bill.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          15A-5-102, as last amended by Laws of Utah 2012, Chapter 148

26          15A-5-202, as last amended by Laws of Utah 2013, Chapters 199, 357 and last
27     amended by Coordination Clause, Laws of Utah 2013, Chapter 199
28          15A-5-202.5, as last amended by Laws of Utah 2014, Chapter 243
29          15A-5-203, as last amended by Laws of Utah 2013, Chapter 199
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 15A-5-102 is amended to read:
33          15A-5-102. Definitions.
34          As used in this chapter:
35          (1) "Appreciable depth" means a depth greater than 1/4 inch.
36          (2) "AHJ" means "authority having jurisdiction," which is:
37          (a) the State Fire Marshal;
38          (b) an authorized deputy of the State Fire Marshal; or
39          (c) the local fire enforcement authority.
40          (3) "Division" means the State Fire Marshal Division created in Section 53-7-103.
41          (4) (a) "Dwelling Unit" means one or more rooms arranged for the use of one or more
42     individuals living together, as in a single housekeeping unit normally having cooking, living,
43     sanitary, and sleeping facilities.
44          (b) "Dwelling unit" includes a hotel room, dormitory room, apartment, condominium,
45     sleeping room in a nursing home, or similar living unit.
46          (5) "Fire district" means a contiguous geographic area for which there is a single
47     authority having jurisdiction.
48          [(5)] (6) "IFC" means the edition of the International Fire Code adopted under Section
49     15A-5-103.
50          [(6)] (7) "NFPA" means the edition of the National Fire Protection Association
51     adopted under Section 15A-5-103.
52          [(7)] (8) "Premixed" means the state of an antifreeze and water solution that results
53     from the solution being prepared by the manufacturer with a quality control procedure that
54     ensures that the antifreeze and water solution does not separate.
55          [(8)] (9) "UL" means Underwriters Laboratories, Inc.
56          Section 2. Section 15A-5-202 is amended to read:

57          15A-5-202. Amendments and additions to IFC related to administration, permits,
58     definitions and general and emergency planning.
59          (1) For IFC, Chapter 1, Scope and Administration:
60          (a) IFC, Chapter 1, Section 102.9, is amended by adding the following immediately
61     before the period: "on an emergency basis if:
62          (a) the facts known to the fire code official show that an immediate and significant
63     danger to the public health, safety, or welfare exists; and
64          (b) the threat requires immediate action by the fire code official.
65          (2) In issuing its emergency order, the fire code official shall:
66          (a) limit the order to require only the action necessary to prevent or avoid the danger to
67     the public health, safety, or welfare; and
68          (b) give immediate notice to the persons who are required to comply with the order,
69     that includes a brief statement of the reasons for the fire code official's order.
70          (3) (a) If the emergency order issued under this section will result in the continued
71     infringement or impairment of any legal right or interest of any party, the party shall have a
72     right to appeal the fire code official's order in accordance with IFC, Chapter 1, Section 108."
73          (b) IFC, Chapter 1, Section 105.6.16, Flammable and combustible liquids, is amended
74     to add the following section: "12. The owner of an underground tank that is out of service for
75     longer than one year shall receive a Temporary Closure Notice from the Department of
76     Environmental Quality and a copy shall be given to the AHJ."
77          (c) In IFC, Chapter 1, Section 108, a new Section 108.4, Notice of right to appeal, is
78     added as follows: "At the time a fire code official makes an order, decision, or determination
79     that relates to the application or interpretation of this chapter, the fire code official shall inform
80     the person affected by the order, decision, or determination of the person's right to appeal under
81     this section. Upon request, the fire code official shall provide a person affected by an order,
82     decision, or determination that relates to the application or interpretation of this chapter a
83     written notice that describes the person's right to appeal under this section."
84          [(c)] (d) IFC, Chapter 1, Section 109.3, Notice of violation, is amended as follows: On
85     line three, after the words "is in violation of this code," insert in the section the phrase "or other
86     pertinent laws or ordinances".
87          (2) For IFC, Chapter 2, Definitions:

88          (a) IFC, Chapter 2, Section 202, General Definitions, the following definition is added
89     for Ambulatory Surgical Center: "AMBULATORY SURGICAL CENTER. A building or
90     portion of a building licensed by the Utah Department of Health where procedures are
91     performed that may render patients incapable of self preservation where care is less than 24
92     hours."
93          (b) IFC, Chapter 2, Section 202, General Definitions, FOSTER CARE FACILITIES is
94     amended as follows: the word "Foster" is changed to the word "Child."
95          (c) IFC, Chapter 2, Section 202, General Definitions, Occupancy Classification,
96     Educational Group E, Day care facilities, is amended as follows: On line three delete the word
97     "five" and replace it with the word "four". On line four after the word "supervision" add the
98     words "child care centers."
99          (d) IFC, Chapter 2, Section 202, General Definitions, Occupancy Classification,
100     Educational Group E, Five or fewer children is amended as follows: On line one the word
101     "five" is deleted and replaced with the word "four" in both places.
102          (e) IFC, Chapter 2, Section 202, General Definitions, Occupancy Classification,
103     Educational Group E, Five or fewer children in a dwelling unit, the word "five" is deleted and
104     replaced with the word "four" in both places.
105          (f) IFC, Chapter 2, Section 202, General Definitions, Occupancy Classification,
106     Educational Group E, a new section is added as follows: "Child Day Care -- Residential
107     Certificate or a Family License. Areas used for child day care purposes with a Residential
108     Certificate R430-50 or a Family License, as defined in Utah Administrative Code, R430-90,
109     Licensed Family Child Care, may be located in a Group R-2 or R-3 occupancy as provided in
110     Residential Group R-3, or shall comply with the International Residential Code in accordance
111     with Section R101.2."
112          (g) IFC, Chapter 2, Section 202, General Definitions, Occupancy Classification,
113     Educational Group E, a new section is added as follows: "Child Care Centers. Areas used for
114     Hourly Child Care Centers, as defined in Utah Administrative Code, R430-60, Child Care
115     Center as defined in Utah Administrative Code, R430-100, or Out of School Time Programs,
116     as defined in Utah Administrative Code, R430-70, may be classified as accessory
117     occupancies."
118          (h) IFC, Chapter 2, Section 202, General Definitions, Occupancy Classification,

119     Institutional Group I, Group I-1, is amended as follows: On line 8 add "Type I" in front of the
120     words "Assisted living facilities".
121          (i) IFC, Chapter 2, Section 202, General Definitions, Occupancy Classification,
122     Institutional Group I, Five or fewer persons receiving care is amended as follows: On line four
123     after "International Residential Code" the rest of the section is deleted.
124          (j) IFC, Chapter 2, Section 202, General Definitions, Occupancy Classification,
125     Institutional Group I, Group I-2, is amended as follows:
126          (i) On line three delete the word "five" and insert the word "three".
127          (ii) On line six the word "foster" is deleted and replaced with the word "child".
128          (iii) On line 10, after the words "Psychiatric hospitals", add the following to the list:
129     "both intermediate nursing care and skilled nursing care facilities, ambulatory surgical centers
130     with five or more operating rooms, and Type II assisted living facilities. Type II assisted living
131     facilities with five or fewer persons shall be classified as a Group R-4. Type II assisted living
132     facilities with at least six and not more than 16 residents shall be classified as a Group I-1
133     facility".
134          (k) IFC, Chapter 2, Section 202, General Definitions, Occupancy Classification,
135     Institutional Group I, Group I-4, Day care facilities, Classification as Group E, is amended as
136     follows:
137          (i) On line two delete the word "five" and replace it with the word "four".
138          (ii) On line three delete the words "2 1/2 years or less of age" and replace with the
139     words "under the age of two".
140          (l) IFC, Chapter 2, Section 202, General Definitions, Occupancy Classification,
141     Institutional Group Care I, Group I-4, Day care facilities, Five or fewer occupants receiving
142     care in a dwelling unit, is amended as follows: On lines one and two the word "five" is deleted
143     and replaced with the word "four".
144          (m) IFC, Chapter 2, Section 202, General Definitions, Occupancy Classification,
145     Residential Group R-3, the words "and single family dwellings complying with the IRC" are
146     added after the word "Residential occupancies".
147          (n) IFC, Chapter 2, Section 202, General Definitions, Occupancy Classification,
148     Residential Group R-3, Care facilities within a dwelling, is amended as follows: On line three
149     after the word "dwelling" insert "other than child care".

150          (o) IFC, Chapter 2, Section 202, General Definitions, Occupancy Classification,
151     Residential Group R-3, a new section is added as follows: "Child Care. Areas used for child
152     care purposes may be located in a residential dwelling unit when all of the following conditions
153     are met:
154          1. Compliance with Utah Administrative Code, R710-8, Day Care Rules, as enacted
155     under the authority of the Utah Fire Prevention Board;
156          2. Use is approved by the Utah Department of Health under the authority of the Utah
157     Code, Title 26, Chapter 39, Utah Child Care Licensing Act, and in any of the following
158     categories:
159          1.1. Utah Administrative Code, R430-50, Residential Certificate Child Care; or
160          1.2. Utah Administrative Code, R430-90, Licensed Family Child Care; and
161          3. Compliance with all zoning regulations of the local regulator."
162          (p) IFC, Chapter 2, Section 202, General Definitions, RECORD DRAWINGS, the
163     definition for "RECORD DRAWINGS" is modified by deleting the words "a fire alarm
164     system" and replacing them with "any fire protection system".
165          Section 3. Section 15A-5-202.5 is amended to read:
166          15A-5-202.5. Amendments and additions to Chapters 3 and 4 of IFC.
167          (1) For IFC, Chapter 3, General Requirements:
168          (a) IFC, Chapter 3, Section 304.1.2, Vegetation, is amended as follows: Delete line six
169     and replace it with: "the Utah Administrative Code, R652-122-200, Minimum Standards for
170     Wildland Fire Ordinance".
171          (b) IFC, Chapter 3, Section 308.1.2, Throwing or Placing Sources of Ignition, is
172     deleted and rewritten as follows: "No person shall throw or place, or cause to be thrown or
173     placed, a lighted match, cigar, cigarette, matches, lighters, or other flaming or glowing
174     substance or object on any surface or article where it can cause an unwanted fire."
175          (c) IFC, Chapter 3, Section 310.8, Hazardous and Environmental Conditions, is deleted
176     and rewritten as follows: "When the fire code official determines that hazardous environmental
177     conditions necessitate controlled use of any ignition source, including fireworks, lighters,
178     matches, sky lanterns, and smoking materials, any of the following may occur:
179          1. If the hazardous environmental conditions exist in a municipality, the legislative
180     body of the municipality may prohibit the ignition or use of an ignition source in mountainous,

181     brush-covered, or forest-covered areas or the wildland urban interface area, which means the
182     line, area, or zone where structures or other human development meet or intermingle with
183     undeveloped wildland or land being used for an agricultural purpose.
184          2. Except as provided in paragraph 3, if the hazardous environmental conditions exist
185     in an unincorporated area, the state forester may prohibit the ignition or use of an ignition
186     source in all or part of the areas described in paragraph 1 that are within the unincorporated
187     area, after consulting with the county fire code official who has jurisdiction over that area.
188          3. If the hazardous environmental conditions exist in a township created under Section
189     17-27a-306 that is in a county of the first class, the county legislative body may prohibit the
190     ignition or use of an ignition source in all or part of the areas described in paragraph 1 that are
191     within the township."
192          (d) IFC, Chapter 3, Section 311.1.1, Abandoned Premises, is amended as follows: On
193     line 10 delete the words "International Property Maintenance Code and the".
194          (e) IFC, Chapter 3, Section 311.5, Placards, is amended as follows: On line three delete
195     the word "shall" and replace it with the word "may".
196          (f) IFC, Chapter 3, Section 315.2.1, Ceiling Clearance, is amended to add the
197     following: "Exception: Where storage is not directly below the sprinkler heads, storage is
198     allowed to be placed to the ceiling on wall-mounted shelves that are protected by fire sprinkler
199     heads in occupancies meeting classification as light or ordinary hazard."
200          (2) IFC, Chapter 4, Emergency Planning and Preparedness:
201          (a) IFC, Chapter 4, Section 404.2, Where required, Subsection 8, is amended as
202     follows: After the word "buildings" add "to include sororities and fraternity houses".
203          (b) IFC, Chapter 4, Section 405.2, Table 405.2, is amended to add the following
204     footnotes:
205          (i) "e. Secondary schools in Group E occupancies shall have an emergency evacuation
206     drill for fire conducted at least every two months, to a total of four emergency evacuation drills
207     during the nine-month school year. The first emergency evacuation drill for fire shall be
208     conducted within 10 school days after the beginning of classes[, and the]. The third emergency
209     evacuation drill for fire, weather permitting, shall be conducted 10 school days after the
210     beginning of the next calendar year. The second and fourth emergency evacuation drills may
211     be substituted by a security or safety drill to include shelter in place, earthquake drill, or lock

212     down for violence. If inclement weather causes a secondary school to miss the 10-day deadline
213     for the third emergency evacuation drill for fire, the secondary school shall perform the third
214     emergency evacuation drill for fire as soon as practicable after the missed deadline."
215          (ii) "f. In Group E occupancies, excluding secondary schools, if the AHJ approves, the
216     monthly required emergency evacuation drill can be substituted by a security or safety drill to
217     include shelter in place, earthquake drill, or lock down for violence. The routine emergency
218     evacuation drill for fire must by conducted at least every other evacuation drill."
219          (iii) "g. A-3 occupancies in academic buildings of institutions of higher learning are
220     required to have one emergency evacuation drill per year, provided the following conditions are
221     met:
222          (A) The building has a fire alarm system in accordance with Section 907.2.
223          (B) The rooms classified as assembly shall have fire safety floor plans as required in
224     Section 404.3.2(4) posted.
225          (C) The building is not classified a high-rise building.
226          (D) The building does not contain hazardous materials over the allowable quantities by
227     code."
228          Section 4. Section 15A-5-203 is amended to read:
229          15A-5-203. Amendments and additions to IFC related to fire safety, building, and
230     site requirements.
231          (1) For IFC, Chapter 5, Fire Service Features:
232          (a) In IFC, Chapter 5, a new Section 501.5, Access grade and fire flow, is added as
233     follows: "An authority having jurisdiction over a structure built in accordance with the
234     requirements of the International Residential Code as adopted in the State Construction Code,
235     may require an automatic fire sprinkler system for the structure only by ordinance and only if
236     any of the following conditions exist:
237          (i) the structure:
238          (A) is located in an urban-wildland interface area as provided in the Utah Wildland
239     Urban Interface Code adopted as a construction code under the State Construction Code; and
240          (B) does not meet the requirements described in Utah Code, Subsection
241     65A-8-203(3)(a) and Utah Administrative Code, R652-122-200, Minimum Standards for
242     Wildland Fire Ordinance;

243          (ii) the structure is in an area where a public water distribution system with fire
244     hydrants does not exist as required in Utah Administrative Code, R309-550-5, Water Main
245     Design;
246          (iii) the only fire apparatus access road has a grade greater than 10% for more than 500
247     continual feet; or
248          (iv) (A) the water supply to the structure does not provide at least 500 gallons fire flow
249     per minute for a minimum of 30 minutes, if the total square foot living space of the structure is
250     equal to or less than 5,000 square feet;
251          (B) the water supply to the structure does not provide at least 750 gallons per minute
252     fire flow for a minimum of 30 minutes, if the total square foot living space exceeds 5,000
253     square feet, but is equal to or less than 10,000 square feet; or
254          (C) the water supply to the structure does not provide at least 1,000 gallons per minute
255     fire flow for a minimum of 30 minutes, if the total square foot living space exceeds 10,000
256     square feet."
257          (b) In IFC, Chapter 5, Section 506.1, Where Required, is deleted and rewritten as
258     follows: "Where access to or within a structure or an area is restricted because of secured
259     openings or where immediate access is necessary for life-saving or fire-fighting purposes, the
260     fire code official, after consultation with the building owner, may require a key box to be
261     installed in an approved location. The key box shall contain keys to gain necessary access as
262     required by the fire code official. For each fire district that has at least one building with a
263     required key box, the fire district shall adopt a policy or operating procedure that creates a
264     process to ensure that each key to each key box is properly accounted for and secure."
265          (c) In IFC, Chapter 5, a new Section 507.1.1, Isolated one- and two-family dwellings,
266     is added as follows: "Fire flow may be reduced for an isolated one- and two-family dwelling
267     when the authority having jurisdiction over the dwelling determines that the development of a
268     full fire-flow requirement is impractical."
269          (d) In IFC, Chapter 5, a new Section 507.1.2, Pre-existing subdivision lots, is added as
270     follows "Total water supply requirements shall not exceed the fire flows described in Section
271     501.5(iv) for the largest one- or two-family dwelling, protected by an automatic fire sprinkler
272     system, on a subdivision lot platted before December 31, 1980, unless the municipality or
273     county in which the lot is located provides the required fire flow capacity."

274          (e) In IFC, Chapter 5, Section 510.1, Emergency Responder Radio Coverage in New
275     Buildings, is amended by adding: "When required by the fire code official," at the beginning of
276     the first paragraph.
277          (2) For IFC, Chapter 6, Building Services and Systems:
278          (a) In IFC, Chapter 6, Section 605.11.3.3.1, Access, is deleted and rewritten as follows:
279     "There shall be a minimum three foot wide (914 mm) clear perimeter around the edges of the
280     roof."
281          (b) In IFC, Chapter 6, Section 605.11.3.3.2, Pathways, is deleted and rewritten as
282     follows: "The solar installation shall be designed to provide designated pathways. The
283     pathways shall meet the following requirements:
284          1. The pathway shall be over areas capable of supporting the live load of fire fighters
285     accessing the roof.
286          2. The centerline axis pathways shall be provided in both axes of the roof. Centerline
287     axis pathways shall run where the roof structure is capable of supporting the live load of fire
288     fighters accessing the roof.
289          3. Smoke and heat vents required by Section 910.2.1 or 910.2.2 of this Code, shall be
290     provided with a clear pathway width of not less than three feet (914 mm) to vents.
291          4. Access to roof area required by Section 504.2 or 1009.16 of this Code, shall be
292     provided with a clear pathway width of not less than three feet (914 mm) around access
293     opening and at least three feet (914 mm) clear pathway to parapet or roof edge."
294          (c) In IFC, Chapter 6, Section 605.11.3.2, Residential Systems for One and Two
295     Family Dwellings, is deleted and rewritten as follows: "Access to residential systems for one
296     and two family dwellings shall be provided in accordance with Sections 605.11.3.2.1 through
297     605.11.3.2.4.
298          Exception: Reduction in pathways and clear access width shall be permitted where
299     shown that a rational approach has been used and that such reductions are warranted when
300     approved by the Fire Code Official."
301          (d) In IFC, Chapter 6, Section 605.11.3.3.3, Smoke Ventilation, is deleted and
302     rewritten as follows: "The solar installation shall be designed to meet the following
303     requirements:
304          1. Arrays shall be no greater than 150 feet (45.720 mm) by 150 feet (45.720 mm) in

305     distance in either axis in order to create opportunities for fire department smoke ventilation
306     operations.
307          2. Smoke ventilation options between array sections shall be one of the following:
308          2.1. A pathway six feet (1829 mm) or greater in width.
309          2.2. A three foot (914 mm) or greater in width pathway and bordering roof skylights or
310     smoke and heat vents when required by Section 910.2.1 or Section 910.2.2 of this Code.
311          2.3. Smoke and heat vents designed for remote operation using devices that can be
312     connected to the vent by mechanical, electrical, or any other suitable means, shall be protected
313     as necessary to remain operable for the design period. Controls for remote operation shall be
314     located in a control panel, clearly identified and located in an approved location."
315          (e) In IFC, Chapter 6, Section 607.4, Elevator Key Location, is deleted and rewritten as
316     follows: "Firefighter service keys shall be kept in a "Supra-Stor-a-key" elevator key box or
317     similar box with corresponding key system that is adjacent to the elevator for immediate use by
318     the fire department. The key box shall contain one key for each elevator, one key for lobby
319     control, and any other keys necessary for emergency service. The elevator key box shall be
320     accessed using a 6049 numbered key."
321          (f) In IFC, Chapter 6, Section 609.1, General, is amended as follows: On line three,
322     after the word "Code", add the words "and NFPA 96".
323          (3) For IFC, Chapter 7, Fire-Resistance-Rated Construction, IFC, Chapter 7, Section
324     703.2, is amended to add the following: "Exception: In Group E Occupancies, where the
325     corridor serves an occupant load greater than 30 and the building does not have an automatic
326     fire sprinkler system installed, the door closers may be of the friction hold-open type on
327     classrooms' doors with a rating of 20 minutes or less only."