TITLE 11

FIRE CODE
(Amended by Ordinance 2008-24, July 22, 2008)

WHEREAS, the state of Utah, on January 9, 2007 had officially adopted the 2006 edition of the International Fire Code, which is now the fire code for the entire State of Utah to include cities, counties, fire districts, and the state; and

WHEREAS, Weber County desires to fully implement State Law; and

WHEREAS, the Commission in consultation with the Fire Marshal of the Weber Fire District, which is charged with the fire protection responsibility for the unincorporated areas of Weber County, has determined that the following change is in the best interest of the health, safety, and welfare of the residents of Weber County;

NOW THEREFORE, in the interest of the health and safety of the inhabitants of Weber County, the Board of County Commissioners of Weber County hereby ordains as follows:

Chapter 1. Adoption of a Fire Prevention Code
2. Code of Open Burning
3. Adoption of a Wild Land, Urban Interface Code CHAPTER 1

ADOPTION OF FIRE PREVENTION CODE

Sections 11-1-1 Fire Prevention Code Adopted
11-1-2 Revised Sections
11-1-3 Place Where Filed
11-1-4 Repealer

11-1-1 Fire Prevention Code Adopted. The International Fire Code, 2006 edition, published by the International Code Council, as adopted and amended by the State of Utah and the Weber Fire District, and including appendices A, B, C, and D, and printed as a code in book form is hereby adopted as the Fire Prevention Code of Weber County, Utah, and by this reference is made part of this ordinance to the same extent and effect as though said Code were set forth herein in full, with additions in sections, deletions and changes, prescribed in Section 2 of this Ordinance.

11-1-2 Revised Sections. The following sections of Appendix A, B and C are revised as follows:
Section A101 General

A101 Scope. The board of appeals established within the Weber Fire District Jurisdiction for the purpose of hearing applications for modification of the International Fire Code pursuant to the provisions of section 108 shall be the Weber Fire District Board of Trustees.

Deleting Subsections A101.1 through A101.10

B104.4 . General, Single Family Dwellings. The fire area for single family dwellings shall be the total floor area of all floor levels within the exterior walls, used to protect storage or use areas, except as modified in section B104.4.1.

Section B104.4.1. Area Separation. Portions of single family dwellings which are separated by fire walls constructed in accordance with the International Building Code or the International Residential Code, where applicable, are allowed to be considered as separate fire areas.

Delete section B105.1 and insert the following: B105.1 One and two family dwellings. The minimum fire flow requirements for one and two family dwellings having a fire area which does not exceed 5000 square feet shall be provided by the available fire flow and augmented by the fire department. Fire flow and flow duration for dwellings having a fire area in excess of 5000 square feet shall not be less than that specified in table B105.1. Exception: Group “U” occupancies.

 B105.1.1. When water mains or other fixed systems, capable of supplying fire hydrants are available, fire hydrants shall be installed and spaced per Appendix C and section 508 of the International Fire Code.

B105.1.2. Fire Sprinklers are not required for single family dwellings, that originally did not exceed 5,000 Square feet, when adding an addition of 25% or less to the total square footage, when the addition is outside the existing roofline of the structure.

C103.1 (add to the end of this section). In subdivisions comprised of only single family dwellings and type “U” buildings the number of fire hydrants need not exceed the number of lots.

11-1-3 Place Where Filed. Three (3) copies of such code shall be filed for use and examination by the public in the administrative offices of the Weber Fire District, State of Utah.

11-1-4 Repealer. This Ordinance hereby repeals all Ordinances and parts of Ordinances in conflict herewith. CHAPTER 2

CODE OF OPEN BURNING

Sections 11-2-1 Definitions
11-2-2 Community Waste Disposal
11-2-3 General Prohibitions
11-2-4 Permissible Burning - Without Permit
11-2-5 Permissible Burning - With Permit - Exemptions
11-2-6 Burning Permits
11-2-7 Penalties
11-2-8 Conflicting Regulations

11-2-1 Definitions.

(a) “Agricultural burning” means open burning in rural areas, essential to agricultural operations, including the growing of crops, the raising of fowl, animals or bees, when conducted on the premises where produced.

(b) “Air contaminant” means any particulate matter or any gas, vapor, suspended solid or any combination thereof, excluding steam and water vapors.

(c) “Air contaminant source” means any and all sources of emission of air contaminants whether privately or publicly owned or operated.

(d) “Air pollution” means the presence in the ambient air of one or more contaminants in such quantities, or characteristics and under conditions and circumstances, and of a duration sufficient to cause or contribute to injury to human, plant, or animal life or health or to property or which unreasonably interfere with the employment of life or use of property, as determined by the standards, rules and regulations adopted by the Air Conservation Committee.

(e) “Appropriate authority” means the county health department; a city, county or combination fire department; or other local agency duly designated by appropriate authority, with approval of State Division of Health, as the agency to issue permits for open burning under regulations of the State Division of Health and other lawfully adopted ordinances, codes or regulations not in conflict therewith.

(f) “Atmosphere” means the air that envelopes or surrounds the earth and includes all spaces outside of buildings, stacks or exterior ducts.

 (g) “Authorized local authority” means the county health department; a city, county, or combination fire department; or other local agency duly designated by appropriate authority, with approval of State Division of Health, as the agency to issue permits for open burning under regulations of the State Division of Health and other lawfully adopted ordinances, codes or regulations not in conflict therewith.

(h) “Clearing index” means a number indicating the predicted rate of clearance of ground level pollutants from a given area. This number is calculated by the National Weather Service, from daily measurements of temperature lapse rates and wind speeds and directions from ground level to 10,000 feet.

(i) “Department” means the Weber County Department of Health.

(j) “Developed areas” means commercial or residential buildings and extends to their property lines.

(k) “Emission” means the act of discharging, into the atmosphere, an air contaminant or an effluent so discharged into the atmosphere.

(l) “Garbage” means all putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food, including wastes attendant thereto.

(m) “Heavy fuel oil” means a petroleum product or similar material with a boiling range higher than diesel fuel.

(n) “Household waste” means any solid or liquid material normally generated by a family in a residence in the course of ordinary day-to-day living; including, but not limited to, garbage, paper products, rags, leaves and garden trash.

(o) “Open burning” means any burning of combustible materials passing through a chimney or stack.

(p) “Person” means any individual; public or private corporation, partnership, association, firm, trust or estate; the state or any department, institution, bureau or agency thereof, any municipal corporation, county, city and county, or other political subdivision of the state, or any other legal entity whatsoever which is recognized by the law as being subject to rights and duties.

(q) “Recreational fires” are campfires which can be safely confined to a fire ring no larger than eight (8) feet in diameter. Anyone planning a fire larger than this will be required to obtain a special permit. Bonfires, fires built to burn Christmas trees, rally fires and similar fires are prohibited.

(r) “Refuse” means any solid waste, including garbage and trash.

(s) “Salvage operation” means any business, trade or industry engaged in whole or part in salvaging or reclaiming and product or material including, but not limited to, metals, chemicals, shipping containers or drums.

(t) “Trash” means solids not considered to be highly flammable or explosive; including, but not limited to, clothing, rags, leather, plastic, rubber, floor coverings, excelsior, tree leaves, yard trimmings and other similar materials.

(u) “Waste” means all solid, liquid or gaseous material, including, but not limited to, garbage, trash, household waste, construction or demolition debris, or other refuse, including that resulting from the prosecution of any business, trade or industry.

11-2-2 Community Waste Disposal. No open burning shall be done at sites used for disposal of community trash, garbage or other waste except when authorized for a specific period of time by the Air Conservation Committee on the basis of justifiable circumstances reviewed and weighed in terms of pollution effects and other relevant considerations at an appropriate hearing following written application.

11-2-3 General Prohibitions. The setting, building, maintaining, attending, or using a fire, campfire, stove fire, of any kind, either open flame, smoldering, or any other heat source used for cooking, warming, aesthetics and/or lighting is hereby prohibited except in conformity with the provisions of Subsection (b) or Sections 4 and 5 in developed areas within the unincorporated area of Weber County one-half mile east of the line described in Subsection 3(a).

11-2-3(a) Areas of Prohibition. Beginning at the intersection of the Weber/Davis County line and State Route 89 (SR89), in the State of Utah;

Thence Northwesterly along SR89 to Harrison Blvd.,
Thence Northerly along Harrison Blvd., to Mountain Road,
Thence Northerly along Mountain Road to Fruitland Drive,
Thence Northerly along Fruitland Drive to 2600 North Street,
Thence Easterly along 2600 North Street to 1050 East Street,
Thence Northerly along 1050 East Street to 3100 North Street,
Thence Westerly along 3100 North Street to 300 West Street,
Thence Southerly along 300 West Street to Elberta Drive,
Thence Northwesterly along Elberta Drive to Pleasant View Drive,
Thence Northwesterly along Pleasant View Drive to SR89,
Thence Northwesterly along SR89 to the Weber/Box Elder County Line.

11-2-3(b) Exemptions. The following persons are exempt from the provisions of Subsection 3(a) of this Ordinance:

(i) Persons with a permit or contract authorizing the otherwise prohibited act at a specific location.

(ii) Authorized federal, state or local officers, or members of an organized rescue or firefighting force in the performance of official duty, when authorized by the appropriate governmental authority.

(iii) Persons who use portable stoves, lanterns, and/or tent heaters, using gas, jellied petroleum or pressurized liquid fuel, located both in the outdoors or within an enclosed recreational vehicle, tent or trailer unless posted as closed to such use.

(iv) Persons who build, maintain, attend or use camp fires located within facilities permanently constructed or administered by the County or other governmental entity (unless posted as closed) in improved campgrounds, picnic areas, or other permanently improved places of habitation, where the County, State or Federal authority has constructed facilities such as, but not limited to permanent fire rings, picnic tables, toilets, and/or culinary water systems.

11-2-4 Permissible Burning - Without Permit. Except as prohibited by Section 3, and when not prohibited by other laws or by other officials having jurisdiction and provided that a nuisance is not created, the following types of open burning are permissible without the necessity of securing a permit:

(a) In devices for the primary purpose of preparing food such as outdoor grills and fireplaces.

(b) Campfires and fires used solely for recreational purposes where such fires are under the control of a responsible person.

(c) Indoor fireplaces

(d) Properly operated industrial flares combustion of flammable gases.

11-2-5 Permissible Burning - With Permit - Exemptions. Except as prohibited by Section 3, and when not prohibited by other laws or other officials having jurisdiction and when a nuisance is not created, the types of open burning listed as a, b, c, d and e below are permissible (1) under the terms of individual permits issued by authorized local authority under a “Clearing Index” system approved and coordinated by the Utah State Division of Health, or (2) when specifically exempted by the Air Conservation Committee, following written application and appropriate hearing. Application under (2) may be made by a political subdivision of the state, as well as by any individual citizen.

(a) Open burning of tree cuttings and slash in forest areas where the cuttings accrue from pulping, lumbering and similar operations, but excluding waste from sawmill operations such as sawdust and scrap lumber.

(b) Open burning of solid or liquid fuels or structures for removal of hazards or eyesores or for fireman training purposes when conducted under the direct control and supervision of organized fire departments.

(c) Open burning, in remote areas, of highly explosive or other dangerous material, for which there is no other known practical method of disposal.

(d) Open burning for special purposes, or under unusual circumstances when approved by the Department following formal request therefor.

(e) Agricultural burning, including on-premise orchard prunings, field stubble, weeds and open burning to clear irrigation ditches.

11-2-6 Burning Permits. The Health Officer or other official designated by the governing bodies of the Cities or Towns of Weber County shall establish a procedure for issuance of burning permits under the terms of the Code of Open Burning Regulation. Said official shall also devise a method of visual determination of any violations of the code of Open Burning Regulations and shall institute appropriate enforcement procedures as necessary.

11-2-7 Penalties. Any person, firm or Corporation who shall violate any of the provisions of this ordinance shall be guilty of a class B misdemeanor, and upon conviction shall be punished as provided by the laws of the State of Utah for class B misdemeanors. In addition thereto, such person may be enjoined from continuing such violations. Each day upon which such a violation occurs shall constitute a separate violation.

11-2-8 Conflicting Regulations. All regulations or parts of regulations in conflict herewith are hereby repealed. CHAPTER 3

WILD LAND URBAN INTERFACE CODE ADOPTED

Section 11-3-1 Wild Land Urban Interface Code Adopted
11-3-2 Applicable Area
11-3-3 Revised Sections
11-3-4 Place Where Filed
11-3-5 Repealer

11-3-1 Wild Land Urban Interface Code Adopted. The Utah Wild-Land Urban Interface Code, 2006 edition, published by the International Code Council, as adopted and amended by the State of Utah and printed as a code in book form is hereby adopted as the wild Land Urban Interface Code of Weber County, Utah, and by this reference is made part of this ordinance to the same extent and effect as though said Code were set forth herein in full.

11-3-2 Applicable area. The Wild Land Urban Interface Code of Weber County is applicable in all areas described in the Weber County Fire Hazard Map All other areas of Weber County are exempt from the requirements of the Wild Land Urban Interface Code.

11-3-3 Revised Sections. The following sections are revised as indicated.

Add Section 101.6. Where conflicts between this Code and the International Fire Code exist the International Fire Code shall apply.

Delete Section 403.2
403.7 Change 12 to 10.
Delete Section 404.2

Add Section 404.11. No Available Water Supply. In areas where there is no available water supply, fire sprinklers, as approved by the code official, may be considered as an alternative. As a minimum fire sprinklers shall be required in the primary structure, any attached type “U” structures , and in all exterior eaves, porches, patios, roof extensions etc. in excess of (2) two feet, measured horizontally from the exterior wall.

Section 602 Remove the word deleted and add the following: All structures deemed to be high hazard or extreme hazard may be viewed as moderate hazard when fire sprinklers are installed as approved by the code official. As a minimum fire sprinklers shall be required in the primary structure, any attached type “U” structures, and in all exterior eaves, porches, patios, roof extensions etc.

11-3-4 Place Where Filed. Three (3) copies of such code shall be filed for use and examination by the public in the administrative offices of the Weber Fire District, State of Utah.
11-3-5 Repealer. This Ordinance hereby repeals all Ordinances and parts of Ordinances in conflict herewith.

Ordinance Effective Immediately. The Board of County Commissioners of Weber County finds that this ordinance is necessary for the immediate preservation of the peace, health, and safety of the county and the county’s inhabitants. Therefore, this ordinance shall take effect immediately upon publication.