Title 13 . Public Safety

Chapter 50 . General Provisions for 13 AAC 50 - 13 AAC 55

Section 25. Fire code

13 AAC 50.025. Fire code

The International Fire Code (I.F.C.) , Chapters 1 - 45 and Appendices B - G (2003 Edition) are adopted by reference to regulate all occupancies and buildings for the safeguarding of life and property from the hazards of fire and explosion arising from the storage, handling, and use of hazardous substances, materials, and devices, and from other conditions hazardous to life and property, with the following revisions:

(1) Chapter 1 of the I.F.C. , is revised by deleting Sections 103, 106, 108, 109, and 111;

(2) Chapter 1 of the I.F.C. is revised by deleting Subsections 104.2, 104.3, 104.4, 104.5, 104.6, 104.10, 104.11, 104.11.1, and 104.11.2;

(3) Chapter 1, Subsection 102.3 of the I. F. C., (Change of use or occupancy) is revised by deleting the reference to the "International Existing Building Code" and replacing it with "International Building Code";

(4) Chapter 1, Subsection 102.4, of the I. F. C., (Application of building code) is revised by deleting the reference to the "International Existing Building Code" and replacing it with "International Building Code";

(5) Chapter 1, Subsection 102.5, of the I.F.C. is revised by deleting the reference to the "International Existing Building Code" and replacing it with "International Building Code";

(6) Chapter 1 of the I.F.C. , is revised by deleting Section 105, and the related permit requirements of Subsections 301.2, 308.4.1, 315.1, 601.2, 901.3, 1101.3, 1201.2, 1301.2, 1501.2, 1601.2, 1701.2, 1801.5, 1901.2, 2001.2, 2101.2, 2201.2, 2301.2, 2403.4, 2501.2, 2601.2, 2701.5, 2801.2, 2901.3, 3001.2, 3101.2, 3201.2, 3301.2, 3401.4, 3501.2, 3601.2, 3701.2, 3801.2, 3901.2, 4001.2, 4101.2, 4201.2, 4301.2, and 4401.2;

(7) Chapter 2, Subsection 201.3 of the I.F.C. , is revised by deleting the references " International Fuel Gas Code" and " International Plumbing Code" and replacing them with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time";

(8) Chapter 2, Section 202 of the I.F.C. , is revised by changing the definition of "Educational Group E, Day care" to read: "The use of a building or structure, or portion of the building or structure, for education, supervision, or personal care services for more than five children who are older than two and one-half years of age, including children related to the staff shall be classified as a Group E occupancy.";

(9) Chapter 2, Section 202 of the I.F.C., is revised by adding a new paragraph between the first and second paragraphs of the definition of "Institutional Group I-1" in "Occupancy Classification" to read: "A facility in this occupancy classification that has occupants who need physical assistance to respond in emergency situations must comply with the International Building Code, Section 419."

(10) Chapter 2, Section 202 of the I.F.C. , is revised by adding an exception under the definition "Educational Group E Day care" to read: "Exception: Family child care homes (Group R-3) operating between the hours of 6:00 a.m. and 10:00 p.m. may accommodate a total of 12 children of any age without conforming to the requirements of a Group E occupancy except for (1) smoke alarms as described in Subsection 907.2.10; (2) general means of egress requirements of Section 1003, including emergency escape and rescue openings, as required by Section 1025, in napping or sleeping rooms; and (3) portable fire extinguisher requirements as described in Section 906";

(11) Chapter 2, Section 202, first sentence of the last paragraph of the definition "Institutional Group I-1" of the I.F.C. , is revised to read: "A facility such as one described above with five or fewer persons, including persons related to the staff, shall be classified as Group R-3.";

(12) Chapter 2, Section 202, second paragraph or the definition "Institutional Group I-2" of the I.F.C. , is revised to read: "A facility such as one described above, with five or fewer persons including persons related to the staff, shall be classified as Group R-3."

(13) Chapter 2, Section 202, last paragraph of the definition of "Institutional Group I-2" of the I.F.C. , is revised to read: "A child care facility that provides care on a 24-hour basis to more than five children who are two and one-half years of age or less, including children related to the staff shall be classified as Group I-2.";

(14) Chapter 2, Section 202, second sentence of the definition "Group I-4, day care facilities" of the I.F.C. , is revised to read: "A facility within this occupancy classification with five or fewer persons, including persons related to the staff, shall be classified as a Group R-3.";

(15) Chapter 2, Section 202, last sentence of the definition of "R-3" in "Residential Group R" of "Occupancy Classification" is deleted and the last sentence of the last paragraph of "R-4" in "Residential Group R" of "occupancy classification" is revised to delete the reference to International Residential Code;

(16) Chapter 2, Section 202 of the I.F.C. , is revised by adding a new paragraph of the definition of "R-4" in "Residential Group R" of "Occupancy Classification" between the first and second paragraphs to read: "Facilities within this occupancy classification that have occupants needing physical assistance to respond in emergency situations must comply with International Building Code, Section 419.";

(17) Chapter 2, Section 202 of the I.F.C. , is revised by the addition of a definition to read: "Service. The annual test, maintenance, or service defined and required by applicable fire protection system maintenance standards set out in Table 901.6.1.";

(18) Chapter 3, Subsection 307.2 of the I.F.C., is revised to read: "Approval. The fire chief of a registered department having jurisdiction, may allow a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or a bonfire. Application, as required by the chief of that registered fire department, must be presented by the owner of the land upon which the fire is to be kindled before kindling such fire.";

(19) Chapter 3, Subsection 308.3 of the I.F.C. , is revised to read: "Open flame. The use of open flame in connection with a public meeting or gathering for the purposes of deliberation, worship, entertainment, amusement, instruction, education, recreation, awaiting transportation, or similar purposes in assembly or educational occupancies must be done in consultation with the registered fire department having jurisdiction.";

(20) Chapter 3, Subsection 311.1.1 of the I.F.C. , is revised by deleting the reference " International Property Maintenance Code";

(21) Chapter 4, Subsection 401.3, first sentence of the I.F.C. , is revised to read: "In the event an unwanted fire occurs on a property, the owner or occupant shall immediately report the conditions to the registered fire department having jurisdiction.";

(22) Chapter 4, Section 405 of the I.F.C. , is revised by the addition of a subsection to read; "405.10 False alarms. False alarms may not be counted as a fire drill for the purposes of Section 405. EMERGENCY EVACUATION DRILLS.";

(23) Chapter 4, Subsection 407.1 of the I.F.C. , is revised to read: "General. The provisions of Sections 407.2 through 407.7 shall be applicable, in the discretion of the chief of the registered fire department that has jurisdiction, where hazardous materials are located on the premises."

(24) Chapter 4, Subsection 408.3 of the I.F.C. , is revised by the addition of a subsection to read "408.3.5 False alarms. False alarms may not be counted as a fire drill for the purposes of this section.";

(25) Chapter 5, Subsection 503.1.1 of the I.F.C. , is revised to read: "Buildings and facilities. The fire chief of the registered department having jurisdiction may require approved fire apparatus roadways for every facility, building, or portion of a building constructed or moved into or within the jurisdiction on or after 9/15/2001. The fire apparatus access roadway must be required to comply with the requirements of this section as determined by the chief of that jurisdiction and be required to extend within 150 feet (45 720 mm) of all portions of the facility or building or any portion of the exterior wall of the first story of the facility or building as measured by an approved route around the exterior of the building or facility."

(26) Chapter 5, Subsection 503.1.1, lead in line to the Exception of the I.F.C. , is revised to read: "Exception: The chief of the registered fire department having jurisdiction may increase or decrease the dimension of 150 feet (45 720 mm) where:";

(27) Chapter 5, Subsection 503.1.2, first sentence of the I.F.C. , is revised by deleting the phrase "code official" and replacing it with "fire code official";

(28) Chapter 5, Subsection 503.2.2, first sentence of the I.F.C. , is revised by deleting the phrase "code official" and replacing it with "fire code official";

(29) Chapter 5, Subsection 503.2.4, first sentence of the I.F.C. , is revised by deleting the phrase "code official" and replacing it with "fire code official";

(30) Chapter 5, Subsection 503.3, first sentence of the I.F.C. , is revised by deleting the phrase "code official" and replacing it with "fire code official";

(31) Chapter 5, Subsection 503.5, first sentence of the I.F.C. , is revised by deleting the phrase "code official" and replacing it with "fire code official";

(32) Chapter 5, Subsection 503.5.1, second sentence of the I.F.C. , is revised by deleting the phrase "code official" and replacing it with "fire code official";

(33) Chapter 5, Subsection 505.1, first sentence of the I.F.C. , is revised to read: "The chief of the registered fire department having jurisdiction may require that all new and existing buildings be provided with approved address numbers, building numbers, or approved building identification visible from the street or road fronting the property, or on the street or road if the building is not visible from the street or road.";

(34) Chapter 5, Subsection 505.2 first sentence of the I.F.C. , is revised to read: "The chief of the registered fire department having jurisdiction may require streets and roads to be identified with approved signs.";

(35) Chapter 5, Section 506.1 and Subsection 506.1.1 of the I.F.C. , is revised by deleting the phrase "code official " wherever it occurs in the section and replacing it with "fire code official";

(36) Chapter 5, Subsection 508.1 first sentence of the I.F.C. , is revised to read: "The chief of the registered fire department having jurisdiction may require that an approved water supply capable of supplying the required fire flow for fire protection be provided to premises upon which facilities, buildings, or portions of facilities or buildings are constructed or moved into or within the jurisdiction on or after 9/15/2001";

(39) Chapter 5, Subsection 508.4 of the I.F.C. , is revised by deleting the phrase "code official" and replacing it with "fire code official";

(40) Chapter 6, Section 603 of the I.F.C. , is revised by deleting the references " International Fuel Gas Code" and replacing them with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time", and the reference " ICC Electrical Code " and replacing them with "Electrical Code as adopted by 8 AAC 70.025, as amended as of September 25, 2002 and as amended from time to time";

(41) Chapter 6, Section 604 of the I.F.C. , is revised by deleting the reference " ICC Electrical Code " and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of September 25, 2002 and as amended from time to time";

(42) Chapter 6, Subsection 604.2.15.2 of the I.F.C. is revised by the addition of a new subsection to read: "604.2.15.2.2 Pickup time. The emergency power system must pick up its connected loads within 10 seconds of failure of the normal power supply."

(43) Chapter 6, Sections 605 and 606 of the I.F.C. , is revised by deleting the references " ICC Electrical Code " and replacing them with "Electrical Code as adopted by 8 AAC 70.025, as amended as of September 25, 2002 and as amended from time to time";

(44) Chapter 7, Subsection 703.2.3 of the I.F.C. , is revised by adding a new Subsection 703.2.3.1 to read: "703.2.3.1 Operation. Fire assemblies may not be obstructed or otherwise impaired from their proper operation at any time. When two or more self-closing fire assemblies within a building have been documented as having been obstructed or impaired during three or more consecutive inspections, the fire code official may order the installation of automatic-closing devices meeting the requirements of Subsection 714.2.7.3 of the I.B.C.";

(45) Chapter 9, Subsection 901.4 of the I.F.C. , is revised by adding an exception to read: "Exception: Buildings temporarily closed due to seasonal operations may have their fire systems deactivate under the following conditions:

1. Building is unoccupied;

2. Building is properly secured;

3. All utilities are disconnected and drained;

4. The fire systems are certified as operational before the building is reoccupied;

5. A 24-hour a day fire watch as defined in Section 202 is provided during the interim between when utilities are reactivated and the fire systems are certified as operational;

6. The fire code official is notified in writing of the closure; and

7. A letter from the insurance carrier or, the owner if self-insured, indicating knowledge of the closure is provided to the fire code official";

(46) Chapter 9, Subsection 901.5 of the I.F.C. , is revised to read: "Fire detection and alarm systems, fire-extinguishing systems, fire standpipes systems, and other fire protection systems and appurtenances to those systems must meet the approval of the authority having jurisdiction as to installation and location, and are subject to the acceptance test required by the standard in Table 901.6.1 for the system or appurtenance. Fire hydrant systems, fire pump systems, and private fire service mains installed as a requirement by the fire chief of the registered fire department having jurisdiction, are subject to the acceptance tests as contained in the installation standards and as approved by the chief. The chief must be notified before any required testing, and all results of the tests must be conveyed to the chief within 30 days.";

(47) Chapter 9, Subsection 901.6 of the I.F.C. , is revised by adding a second paragraph to read: " Notwithstanding other code or standard requirements established by this section, fire protection systems and fire extinguishers must be inspected, tested, and serviced as follows:

1. Annually. Exception: Standpipe systems must be inspected, tested, and serviced every five years;

2. After any use or activation;

3. Any time damage is found;

4. After repair or alteration;

5. When required by the fire code official;

6. After a seasonal shutdown.

Reports of inspections and tests must be maintained on the premises, and a copy of the acceptance test certificate must be forwarded to the fire code official by the person conducting the inspection or test within 30 days of the inspection or test being completed. The annual fire extinguisher testing may be performed by any person who has a valid permit in accordance with 13 AAC 50.030(h) , including the building owner or the owner's agent.";

(48) Chapter 9, Subsection 903.2.2 of the I.F.C. , is revised to read: "An automatic sprinkler system must be provided throughout all buildings in Group E occupancies and for every portion of educational buildings below the level of exit discharge. The use of a fire wall does not establish a separate building for purposes of this section.

Exception: Buildings with Group E occupancies having an occupant load of 49 or less";

Day care uses that are licensed to care for more than five persons between the hours of 10 p.m. and 6 a.m. must be equipped with an automatic sprinkler system designed and installed in accordance with Subsection 903.3.1.3., or an approved equivalent system.";

(49) Chapter 9, Subsection 903.2.9 of the I.F.C. , is revised by deleting the words "with more than eight occupants";

(50) Chapter 9, Subsection 903.2.7 (Group R) of the I.F.C. is revised to read: "Group R. An automatic sprinkler system must be installed in Group R occupancies as required in 903.2.7.1 through 903.2.7.3.";

(51) Chapter 9, of the I.F.C. is revised by adding a new subsection "903.2.7.1 Group R-1. An automatic sprinkler system or a residential sprinkler system installed in accordance with Section 903.3.1.2 must be provided throughout all buildings with a Group R-1 fire area. Exception: Where guestrooms are not more than three stories above the lowest level of discharge and each guestroom has at least one door leading directly to an exterior exit access that leads directly to an approved exit.";

(52) Chapter 9, of the I.F.C. is revised by adding a new subsection "903.2.7.2 Group R-2. An automatic sprinkler system or a residential sprinkler system installed in accordance with Section 903.3.1.2 must be provided throughout all buildings with a Group R-2 fire area that are more than two stories in height, including basements, or that have more than sixteen dwelling units or sleeping rooms.";

(53) Chapter 9, of the I.F.C. is revised by adding a new subsection "903.2.7.3 Group R-4. An automatic sprinkler system or a residential sprinkler system installed in accordance with Section 903.3.1.2 must be provided throughout all buildings with a Group R-4 fire area.";

(54) Chapter 9, Subsection 903.3.1.1 of the I.F.C. , is revised by adding a new Subsection 903.3.1.1.2 to read: "903.3.1.1.2 Elevator Hoistways and Machine Rooms. When the provisions of this code require the installation of automatic sprinkler systems, the installation in elevator hoistways and machine rooms must occur as described in N.F.P.A. 13-2002, (Elevator Hoistways and Machine Rooms) and adopted by reference, and the American Society for Mechanical Engineers (A.S.M.E.) A17.1 Safety Code for Elevators and Escalators (2000 Edition) and adopted by reference.

Exception: Sprinklers are not required in an elevator machine room where the machine room is:

(1) separated from the remainder of the building as described in I.B.C. Section 3006.4;

(2) smoke detection is provided in accordance with N.F.P.A. 72-1999 and adopted by reference; and,

(3) notification of alarm activation is received at a constantly monitored location.";

(55) Chapter 9, Subsection 903.3.5 of the I.F.C. , is revised by deleting the reference " International Plumbing Code " and replacing it with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time";

(56) Chapter 9, Subsection 903.6 of the I.F.C. , is revised by adding a new Subsection 903.6.2 to read: "An approved automatic fire extinguishing system must be installed in a Group E occupancy in accordance with Section 903.2.2, as revised, whenever alterations, repairs, or additions are made to an existing structure containing a Group E Occupancy.";

(57) Chapter 9, Subsection 904.3.1 of the I.F.C. , is revised by deleting the reference " ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of September 25, 2002 and as amended from time to time";

(58) Chapter 9, Subsection 904.11 of the I.F.C. , is revised by deleting the reference " ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of September 25, 2002 and as amended from time to time";

(59) Chapter 9, Subsection 907.1.1 of the I.B.C., is revised by adding the following construction documents to those that must be submitted for plan review:

12. System riser diagrams.

(60) Chapter 9, Subsection 907.2.3 of the I.F.C. , is revised by adding a second paragraph to read: "Rooms used for sleeping or napping purposes within a day care use of a Group E occupancy must be provided with smoke alarms that comply with Section 907.2.10.1.2.";

(61) Chapter 9, Subsection 907.2.10 of the I.F.C. , is revised by adding a second paragraph to read: "When a plan review is required for an existing Group R occupancy, smoke alarms must be installed as described in Section 907.2.10.1.";

(62) Chapter 9, Subsection 907.17 of the I.F.C. , is revised by adding a new sentence to read: "A copy of the acceptance test certificate must be forwarded to the state fire marshal or the deferred jurisdiction having authority by the firm conducting the test within 30 days of the completion of the installation.";

(63) Chapter 9, Section 909 of the I.F.C. , is revised by deleting the references " ICC Electrical Code" and replacing them with "Electrical Code as adopted by 8 AAC 70.025, as amended as of September 25, 2002 and as amended from time to time";

(64) Chapter 9, Subsection 912.5 of the I.F.C. , is revised by deleting the reference to the " International Plumbing Code" and replacing it with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time";

(65) Chapter 10, Section 1001.1, Exception of the I.F.C. is revised by adding the following words to the last sentence: "as governed by the provisions of AS 18.70.080 .";

(66) Chapter 10, Subsection 1008.1.9 (Panic and Fire Exit Hardware) of the I.F.C. , is revised by changing "an occupant load of 100 or more" in the second full paragraph to "an occupant load of 50 or more";

(67) Chapter 10, Subsection 1009.1 (Stairway width) of the I.F.C. , is revised by adding the following

Exception: 5. "Stairs or ladders used only to attend equipment are exempt from the requirements of this section.";

(68) Chapter 10, Subsection 1018.1 (Minimum number of exits) of the I.F.C. , is revised by adding an exception to read: "Exception: Basements or the first level below the first story in all occupancies except Group R-3, used exclusively for the service of the building, may have access to only one exit. Any other use of the basement or first level below the first story must have at least two exits arranged in accordance with Section 1014.2. For purposes of this exception, storage rooms, laundry rooms, maintenance offices, and similar uses may not be considered as providing service to the building."

(69) Chapter 10, Subsection 1025.1 (General) of the I.F.C. , is revised by deleting exceptions 1, 2, 3, 4, and 7;

(70) Chapter 11, Section 1102.1 of the I.F.C. , first sentence of the definition "Airport" is revised to delete the words "with an overall length greater than 39 feet (11887 mm) and an overall exterior fuselage width greater than 6.6 feet (2012 mm)";

(71) Chapter 11, Subsection 1103.5 of the I.F.C. , last sentence, is revised to read: "Aircraft motor vehicle fuel-dispensing stations shall be in accordance with Chapter 22 of the I.F.C. and N.F.P.A. 407 (1996 edition), and adopted by reference.";

(72) Chapter 11, Section 1105 of the I.F.C., is revised by deleting Subsection 1105.8;

(73) Chapter 11, Subsection 1106.1 of the I.F.C. , is revised to read: "Aircraft motor vehicle fuel-dispensing stations shall be in accordance with Chapter 22 and N.F.P.A. 407, (1996 Edition), and adopted by reference.";

(74) Chapter 11, Subsection 1106.3 of the I.F.C. , is revised by the addition of an exception to read: "Exception: A vehicle or trailer tank with a capacity of 250 gallons or less may be used for non-commercial refueling of private non-commercial aircraft if the following requirements are met:

1. The tank is placarded with no smoking signs, the type of fuel contained in the tank, and the tank capacity;

2. The tank and all appurtenances used in the fueling operation are listed and approved for the specific purpose;

3. Electrical bonding is provided as required under Section 1106.3.7.";

(75) Chapter 11, Subsection 1106.3.4 of the I.F.C. , is revised by deleting the reference " ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of September 25, 2002 and as amended from time to time";

(76) Chapter 12, Subsection 1204.2.3 of the I.F.C. , is revised by deleting the reference " ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of September 25, 2002 and as amended from time to time";

(77) Chapter 14, Section 1403 of the I.F.C. , is revised by deleting the reference " International Fuel Gas Code" and replacing it with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time";

(78) Chapter 14, Subsection 1404.7 of the I.F.C. , is revised by deleting the reference " ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of September 25, 2002 and as amended from time to time";

(79) Chapter 15, Section 1503 of the I.F.C. , is revised by deleting the references " ICC Electrical Code" and replacing them with "Electrical Code as adopted by 8 AAC 70.025, as amended as of September 25, 2002 and as amended from time to time";

(80) Chapter 15, Subsection 1504.1.4.4 of the I.F.C. , is revised by deleting the reference " ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of September 25, 2002 and as amended from time to time";

(81) Chapter 15, Subsection 1511.4.1 of the I.F.C. , is revised by deleting the reference " ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of September 25, 2002 and as amended from time to time";

(82) Chapter 16, Subsection 1604.5 of the I.F.C. , is revised (1) by deleting the reference " International Fuel Gas Code" and replacing it with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time", and (2) by deleting the reference " ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of September 25, 2002 and as amended from time to time";

(83) Chapter 17, Subsection 1703.2.1 of the I.F.C. , is revised by deleting the reference " ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of September 25, 2002 and as amended from time to time";

(84) Chapter 18, Section 1803 of the I.F.C. , is revised by deleting the references " ICC Electrical Code" and replacing them with "Electrical Code as adopted by 8 AAC 70.025, as amended as of September 25, 2002 and as amended from time to time";

(85) Chapter 19, Subsection 1903.4 of the I.F.C. , is revised by deleting the reference " ICC Electrical Code " and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of September 25, 2002 and as amended from time to time";

(86) Chapter 20, Subsection 2004.1 of the I.F.C. , is revised by deleting the reference " ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of September 25, 2002 and as amended from time to time";

(87) Chapter 22 of the I.F.C. , is revised by deleting the references " International Fuel Gas Code" and " International Plumbing Code" and replacing them with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time";

(88) Chapter 22 of the I.F.C. , is revised by deleting the references " ICC Electrical Code" and replacing them with "Electrical Code as adopted by 8 AAC 70.025, as amended as of September 25, 2002 and as amended from time to time";

(89) Chapter 22, Subsection 2206.2.3 of the I.F.C. , is revised by adding an item 4 to read: "4. Approved above-ground atmospheric tanks may be used without a special enclosure or fire rating if the following criteria are met:

A. Tanks must be located as required for "Other Tanks" by Table 2206.2.3;

B. Tanks must be enclosed by a six-foot high industrial type chain link fence with a minimum of two access gates located at opposite side of the enclosure. Each gate must be at least 36 inches wide. There must be a minimum working distance of five feet between the tank and the fence.";

(90) Chapter 22, Subsection 2206.7.7.1 of the I.F.C. , is revised by adding an exception to read: "Exception: A leak detection device is not required if the underground piping is extra-heavy wall steel with all welded joints, dielectric coating, and cathodic protection.";

(91) Chapter 22, Subsection 2211.2.3, first paragraph of the I.F.C. , is revised by adding a sentence to read: "Where oil separators or traps are provided, neither the oil nor water phase may drain to septic systems, dry wells, or other means of underground discharge.";

(92) Chapter 24 of the I.F.C. , is revised by deleting the references " International Fuel Gas Code" and replacing them with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time";

(93) Chapter 24, Subsection 2403.2 of the I.F.C., first sentence is revised to delete "a permit and";

(94) Chapter 24, Subsection 2403.7 of the I.F.C., is revised by deleting "permit" and "permittee".;

(95) Chapter 24, Subsection 2403.12.6.1 of the I.F.C. , is revised by deleting the reference " ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of September 25, 2002 and as amended from time to time";

(96) Chapter 26, Subsection 2606.4 of the I.F.C. , is revised by deleting the reference " ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of September 25, 2002 and as amended from time to time";

(97) Chapter 27, Subsection 2701.5 of the I.F.C. , is revised to read: "Documentation. The fire chief of the registered fire department having jurisdiction may require the documentation of the closure plans for the termination of the storage, use, or handling of hazardous materials at least 30 days before the termination. The fire chief is authorized to require that the documentation include an approved facility closure plan in accordance with Section 2701.5.3. The fire chief may require the submission of the Hazardous Materials Management Plan and Hazardous Materials Inventory Statement indicated in Sections 2701.5.1. and 2701.5.2.";

(98) Chapter 27, Subsection 2703.1 of the I.F.C. , is revised by deleting the phrase "fire code official" and replacing it with "the fire chief of the registered fire department having jurisdiction";

(99) Chapter 27 of the I.F.C. , is revised by deleting the references " ICC Electrical Code" and replacing them with "Electrical Code as adopted by 8 AAC 70.025, as amended as of September 25, 2002 and as amended from time to time";

(100) Chapter 27, Subsection 2704.2.2.6 of the I.F.C. , is revised by deleting the reference " International Plumbing Code" and replacing it with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time";

(101) Chapter 30 of the I.F.C. , is revised (1) by deleting the references " International Fuel Gas Code" and replacing them with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time"; and (2) by deleting the references " ICC Electrical Code" and replacing them with "Electrical Code as adopted by 8 AAC 70.025, as amended as of September 25, 2002 and as amended from time to time";

(102) Chapter 32 of the I.F.C. , is revised by deleting the references " ICC Electrical Code" and replacing them with "Electrical Code as adopted by 8 AAC 70.025, as amended as of September 25, 2002 and as amended from time to time";

(103) Chapter 33, Subsection 3301.1, (Scope) of the I.F.C. , is revised to insert "and AS 18.72" after "The provisions of this chapter";

(104) Chapter 33, Subsection 3301.1.3, first Paragraph of the I.F.C. , is revised, with the exceptions remaining, to read: "The storage, use, and handling of fireworks is prohibited except as allowed in this subsection and AS 18.72";

(105) Chapter 33, Subsection 3301.1 of the I.F.C. , is revised by adding a new Subsection 3301.1.1.6 to read: "Transportation. Explosive materials must be transported in accordance with 49 C.F.R. Parts 100 - 185, revised as of October 1, 2002. No person may sell fireworks, possess, or transport fireworks for sale, conduct a fireworks display described in paragraph 111 of this section, or possess, transport or test dangerous fireworks for such a display, unless the person holds a valid permit or license under this section, and the activity is conducted in accordance with AS 18.72 and this chapter.";

(106) Chapter 33, Subsection 3301.7 of the I.F.C. , is revised by adding the words "or AS 18.72.";

(107) Chapter 33 of the I.F.C. , is revised by deleting Subsections 3301.2 Permit required, 3301.2.4 Financial Responsibility, and 3301.2.4.2 Fireworks display;

(108) Chapter 33, Subsection 3301.2.2 of the I.F.C. , is revised by deleting the words "explosives, explosive materials, or fireworks" and inserting in their place "explosives and explosive materials";

(109) Chapter 33, Section 3308 of the I.F.C. , is revised by re-titling the section "FIREWORKS RETAIL SALES AND DISPLAYS";

(110) Chapter 33, Subsection 3308.1 of the I.F.C. , is revised by adding a second paragraph to read: "Retail sales of salable fireworks must comply with Subsection 3308.11.";

(111) Chapter 33, Subsection 3308.2 of the I.F.C. is revised to read: "Permit application. (a) The following licenses or permits are required to conduct activity described in paragraph 105 of this section:

(1) a wholesaler's license, as described in AS 18.72, to sell, or possess or transport for sale, salable or dangerous fireworks at wholesale;

(2) a retailer's permit, as described in AS 18.72, for each location where the applicant intends to sell, or possess or transport for sale, salable fireworks at retail;

(3) a pyrotechnic operator's permit to conduct a fireworks display or non-routine testing of dangerous fireworks, or to possess or transport fireworks for display or non-routine testing of dangerous fireworks;

(4) a fireworks event permit for each event involving public or private display of any amount of dangerous fireworks or 250 gross pounds (113.4 kg) of salable fireworks; or

(5) an annual permit for routine testing of dangerous fireworks.

(b) A license or permit under (a)(1) - (4) of this paragraph must be obtained from the state fire marshal's office. A permit under (a)(5) of this paragraph may be obtained from the state fire marshal's office or, on a form approved by the fire marshal, from the chief of fire department in the jurisdiction where the testing will occur.

(c) An application for a license or permit under (a)(1) - (4) of this paragraph must be received by the fire marshal's office 14 days before the activity is scheduled to occur. A permit under (a)(5) of this paragraph must be issued before the routine testing occurs.

(d) Applications for a license or permit must include:

(1) for a license or permit under (a)(1) or (2) of this paragraph, proof of insurance as required and in the amount set out in AS 18.72.020 ; or

(2) for a permit under (a)(3) - (5), a certified copy of a policy of public liability and products liability insurance, including both accident and occurrence insurance, for not less than $1,000,000 for bodily injury and death, and not less than $500,000 for property damage.

(e) An application for a retailer's permit under (a)(2) of this paragraph or for a fireworks event under (a)(4) of this paragraph must include a plan and drawings, satisfactory to the state fire marshal, showing and describing the sales location or display site.

(f) An application for a pyrotechnic operator's permit under (a)(3) of this paragraph must include proof satisfactory to the state fire marshal that the applicant

(1) has passed a written examination administered by the state fire marshal; and

(2) has participated as an assistant to a licensed pyrotechnic operator in six licensed displays in this state or holds a valid pyrotechnic operator's permit or license from another state.

(g) An applicant for a fireworks event permit under (a)(4) of this paragraph or for testing under (a)(5) of this paragraph must hold a valid pyrotechnic operator's permit under (a)(3) of this paragraph.

(112) Chapter 33, Subsection 3308.2 of the I.F.C. , is revised by adding a new Subsection 3308.2.3 to read: "Revocation and suspension. A permit for the retail sale of salable fireworks is void if the intended place of sale or use of the permit is within a jurisdiction that, by ordinance, has prohibited the sale or use of fireworks or if the permit holder sends, transports, or delivers fireworks to a jurisdiction that by ordinance has prohibited the sale or use of fireworks.

The state fire marshal may revoke a permit or license if (1) the permittee or licensee fails to comply with a notice of violation and order to correct by the date set in the order; (2) the permittee or licensee is cited more than one time for the same violation of AS 18.72 or the fire code regulations in this chapter in the same calendar year; or (3) the permittee or licensee conducts business in a way that presents an immediate threat to life or property.

If a permit or license is revoked, the permittee or licensee may file a written appeal to the state fire marshal, who will review the revocation and issue a written decision within 10 days after the appeal. The appeal must be postmarked within seven days following the date of receipt of the revocation. Once a permit or license is revoked, the permittee or licensee may not apply for or be granted a new permit or license for the sale, use, or display of fireworks for one year from the date of revocation.";

(113) Chapter 33, Subsection 3308.6 of the I.F.C. , is revised adding a new Subsection 3308.6.1 to read: "Mortar construction. Mortars must be constructed of heavy cardboard, paper, high density plastic pipe, or metal other than cast iron.";

(114) Chapter 33, Subsection 3308.11 of the I.F.C. , is revised to read: "Retail sale of salable fireworks. Retail sales of salable fireworks as described in AS 18.72 must be conducted in accordance with this section.

3308.11.1 Dedicated structure or stand. Salable fireworks may be sold only from a dedicated structure or stand that has exits meeting Chapter 10 of the I.B.C.

Exception: Structures meeting the criteria of a Group H-1 occupancy as established by the I.B.C. are exempt from the requirements of Subsection 3308.11.1.

3308.11.2 Fire extinguishers. Portable fire extinguishers that meet the criteria of Subsection 906.2 must be provided.

3308.11.3 Placard. A placard setting out the language of AS 41.15.070 , 41.15.140, and 41.15.160 must be prominently displayed.

3308.11.4 Sales. The sale of salable fireworks may not take place within 250 feet of a place of residence or public assembly.

3308.11.5 Class B dangerous fireworks. Class B dangerous fireworks may not be stored or offered for sale at a retail sales location.

3308.11.6 Use or discharge. Fireworks of any class may not be used or discharged within 250 feet (76.2 m) of a retail sales location.

3308.11.7 Right-of-way. Retail sales locations may not be located on a highway or utility right-of-way.

3308.11.8 Display of permit or license. The retail sales permit or license must be conspicuously displayed at the sales location.

3308.11.9 Age of employee. A person under the age of 18 years may not be employed where fireworks are sold or stored.

3308.11.10 Age of purchaser. Fireworks may not be sold to person under the age of 18 years.

3308.11.11 Prohibition. Fireworks may not be sold to a person who is or appears to be intoxicated or otherwise chemically impaired.

3308.11.12 Storage. Salable fireworks, class 1.4G (Class C common fireworks) must be stored as follows:

1. Storage at retail sites must be in a type 4 or higher rated magazine;

2. Except as provided in paragraph 3 of Subsection 3308.11.12, storage must be a minimum of 40 feet from property lines or any inhabited building. The dedicated structure or stand used for selling fireworks is excluded;

3. Storage must be a minimum of 250 feet from a place of residence or public assembly building;

4. Storage may not be located on a highway or utility right of way;

5. Storage at any site except approved retail locations must be in accordance with the requirements for low explosives in Subsection 3304.3.2.

3308.11.13 Permitted sales location. All salable fireworks must be sold from the location specified in the permit application.

3308.11.14 Suspension of sales and use. The sale or use of fireworks may be suspended by the state fire marshal in any area where the Department of Natural Resources has declared the wild fire danger to be extreme.";

(115) Chapter 34 of the I.F.C. , is revised by deleting the references " ICC Electrical Code" and replacing them with "Electrical Code as adopted by 8 AAC 70.025, as amended as of September 25, 2002 and as amended from time to time";

(116) Chapter 34, Subsection 3403.5.1, second sentence of the I.F.C. , is revised to read: "Signs warning of the hazard of flammable liquids shall have either white lettering on a red background or red lettering on a white background, and shall read: DANGER-FLAMMABLE LIQUIDS.";

(117) Chapter 34, Subsection 3406.3 of the I.F.C. , is revised by adding a second sentence to read: "This Section does not apply to offshore oil platforms.";

(118) Chapter 35, Subsection 3501.1 of the I.F.C. , is revised by deleting the reference " International Fuel Gas Code" and replacing it with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time";

(119) Chapter 35, Section 3501 of the I.F.C., is revised by adding a new Subsection 3501.3 to read: "3501.3 Plan review. Where a single container is over 500-gallon (1892.7 L) water capacity or the aggregate capacity of containers is over 500-gallon(1892.7 L) water capacity, the installer shall submit plans for review before installation in accordance with 13 AAC 50.027.";

(120) Chapter 36 of the I.F.C. , is revised by deleting the references " ICC Electrical Code" and replacing them with "Electrical Code as adopted by 8 AAC 70.025, as amended as of September 25, 2002 and as amended from time to time";

(121) Chapter 37, Subsection 3704.2.2.8 of the I.F.C. , is revised by deleting the reference " ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of September 25, 2002 and as amended from time to time";

(122) Chapter 38 of the I.F.C. is revised by deleting the references " International Fuel Gas Code" and replacing them with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time";

(123) Chapter 45, of the I.F.C., is revised by changing the referenced standards from the publication date listed to the following edition, and the standards are adopted by reference:

N.F.P.A. 10-2002 Portable Fire Extinguishers

N.F.P.A. 13-2002 Installation of Sprinkler Systems;

N.F.P.A. 13D-2002 Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes;

N.F.P.A. 13R-2002 Installation of Sprinkler Systems in Residential Occupancies Up to and Including Four Stories in Height;

N.F.P.A. 14-2003 Standpipe and Hose System;

N.F.P.A. 72-2002 National Fire Alarm Code;

N.F.P.A. 750-2003 Standard on Water Mist Fire Protection Systems;

(124) Appendix B, Section B103.3 of the I.F.C. , is revised by deleting the reference " N.F.P.A. 1231 " and replacing it with "N.F.P.A. 1142 (2001 Edition) and adopted by reference".

History: Eff. 1/14/81, Register 77; am 8/2/86, Register 99; am 10/28/90, Register 116; am 6/10/93, Register 126; am 8/31/96, Register 139; am 3/27/99, Register 149; am 9/15/2001, Register 159; am 8/27/2004, Register 171

Authority: AS 18.70.080

Editor's note: (1) Explosive storage and handling, as they relate to employee health and safety, are regulated by the Department of Labor and Workforce Development, division of labor standards and safety, Alaska Occupational Safety and Health Administration Standards, Explosives Code (8 AAC 61.010) .

(2) Copies of the N.F.P.A. Standards may be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02169-7471 or at www.nfpa.org.

(3) Copies of the International Fire Code may be obtained from the International Code Council, 5360 Workman Mill Road, Whittier, California 90601-2298; phone: (800) 284-4406; (562) 699-0124 or at www.iccsafe.org.

(4) Copies of the International Building Code may be obtained from the International Code Council, 5360 Workman Mill Road, Whittier, California 90601-2298; and phone: (800) 284-4406; (562) 699-0541 or at www.iccsafe.org.

As of Register 151 (October 1999), the regulations attorney made technical revisions under AS 44.62.125 (b)(6) to reflect the name change of the Department of Labor to the Department of Labor and Workforce Development made by Ch. 58, SLA 1999 and the corresponding title change of the commissioner of labor.