This chapter shall consist of the “International Fire Code, 2018 Edition, including Appendix B, C, D, and I.” as published by the International Code Council which volume is incorporated herein by this reference as fully as though set forth herein in its entirety, excepting only such portions as are hereinafter stated to be deleted therefrom; and such additional provisions as are hereinafter set forth. This chapter and all provisions incorporated herein, by reference or otherwise, shall be known as the “Fire Code,” may be cited as such, and will be referred to herein as such and as “this Code.”

   The following are hereby deleted from this Code and are of no force or effect herein:

   1.   Section 105.3.1 and Section 105.3.2.

   2.   Section 109.

   3.   Section 503.3.

   The remaining sections in this chapter are and represent amendments and additions to the requirements contained in the Fire Code, and where their requirements conflict with those of the Fire Code, the requirements of this chapter shall prevail. The sections listed below shall be construed in the context of the enumerated chapter or chapters of Fire Code.

   1.   Section 101.1 – Title.

   2.   Section 105.1.1 – Permits Required.

   3.   Section 105.1.2 - Types of Permits.

   4.   Section 105.3.1 – Expiration.

   5.   Section 106 – Permit Fees.

   6.   Section 202 – Definitions.

   7.   Section 307.1 - Open Burning, Recreational Fires, and Portable Outdoor Fireplaces.

   8.   Section 308.1.4 – Open Flame Cooking Devices.

   9.   Section 503.2.1 – Dimensions.

   10.   Section 505.1 - Address Identification.

   11.   Section 506.1 - Key Boxes.

   12.   Section 507.5.1.1 - Hydrant for Fire Department Connections.

   13.   Section 507.5.7 - Fire Hydrant Markers and Identification Color.

   14.   Section 507.5.8 - Fire Hydrant Installation.

   15.   Section 511 - Fire and Emergency Vehicle Lanes.

   16.   Section 903.2.3 – Group E Daycare Facilities.

   17.   Section 903.2.6 – Group I.

   18.   Section 903.2.8.4 - Care Facilities.

   19.   Section 903.2.11.1.3 – Basements.

   20.    Section 903.3.1.2.3 – Attics in Multi-Family Structures.

   21.   Section 903.4.2 – Alarms.

   22.   Section 905.3.1 #1 – Height.

   23.   Section 905.3.9 – Excessive Distance.

   24.   Section 907.1.4 - Fire Alarm Control Panels (FACP).

   25.   Section 907.2.10 - Single and Multiple Station Smoke Alarms.

   26.   Section 907.6.4.3 - Zone and Address Location Labeling.

   27.   Section 907.6.6 – Monitoring.

   28.   Section 912.1 - Fire Department Connections.

   29.   Section 912.2 – Location.

   30.   Section 1008.3.3 – Rooms and Spaces.

   31.   Section 1009.2 – Continuity and Components.

   32.   Section 1010.1.6 – Frost Protection.

   33.   Section 1013.1.1 - Additional Exit Signage.

   34.   Section 1014.4 – Handrails.

   35.   Section 1015.9 – Walking Surfaces.

   36.   Section 1028.5.1 – Hard Surfaces.

   37.   Section 1030.3 - Egress Window Landings.

   38.   Section 1030.4 - Window Well Drainage.

   39.   Section 3313.1 – Where Required.

      1.   Title. Section 101.1 shall insert “The City of Altoona” for name of jurisdiction.

      2.   Permits Required. Section 105.1.1 shall be amended by adding the following sentence to the end of the paragraph:

      “A fee for each construction permit shall be paid to the fire official in the amount set forth in the Schedule of Fees as adopted by the Council.”

         1.   Operational Permit. A Certificate of Occupancy issued pursuant to the provisions of Chapter 155 shall be assumed to meet the provisions of this section, except for Sections 105.6.32, 105.6.33, 105.6.34, and 105.6.47.

         2.   Construction Permit. A construction permit allows the applicant to install or modify systems and equipment for which a permit is required by Sections 105.7.1, 105.7.7, 105.7.8, 105.7.9, 105.7.15, 105.7.16, 105.7.23, 105.7.24, and 105.7.25.

      4.   Expiration. Section 105.3.1 shall be deleted and replaced with the following:

         105.3.1 Expiration. Every permit issued by the fire official under the provision of the fire code shall expire under any one of the following conditions:

         1.   Failure to begin work authorized within 180 days after issuance of the permit.

         2.   Suspension or abandonment of work for 120 days after commencement of the work. Time of occurrence of suspension or abandonment of work shall be computed from the date of the most recent inspection since which no progress has been made.

         3.   Failure to complete work on a structure designed for residential uses within one year after issuance of a permit.

         4.   Failure to complete work on a structure designed for commercial or industrial uses within two years after issuance of a permit. For permits with a valuation exceeding $10,000,000.00, work shall be completed within three years after issuance of a permit.

      Any permittee holding an unexpired permit may apply for an extension of the time within which they may commence or continue work. The fire official is authorized to grant, in writing, for periods not more than 180 days each, two extensions. The extension shall be requested in writing and justifiable cause demonstrated. Any of the extensions may be further extended by action of the Council. In all cases, when a renewal is granted, the structure for which the permit is required shall comply with Code requirements in effect at the time the permit is renewed.

      5.   Permit Fees. Section 106 shall be deleted and replaced with the following:

         106.1 Permit Fees. A permit shall not be issued until the fees have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid:

         A.   A fee for each construction permit shall be paid to the Fire Chief in the amount set forth in the Schedule of Fees as adopted by the Council.

         B.   If a permit is issued for a specific amount of work and, upon inspection, it is determined that more work was performed than was authorized by the permit, the permittee shall amend the permit or obtain another permit to include all additional work and shall pay a new base fee and any unit fees as described in Paragraph A above.

         C.   Permits and fees for mechanical, plumbing, and electrical work shall meet the requirements of Ordinances 156, 157, or 158 respectively.

         106.2 Additional Permit Fees:

         A.   Plan Check Fees: Plan Check Fees shall be in the amount set forth in the Schedule of Fees as adopted by the Council.

         B.   Double Fee. Except in emergency situations, as determined by the Fire Chief, where work for which a building permit is required by this Code is started or proceeded with by any person prior to obtaining a required permit, the fees in the amount set forth in the Schedule of Fees as adopted by the Council shall be doubled. The payment of such double fee shall not relieve any person from fully complying with the requirements of this Code in the execution of the work or from any other penalties prescribed herein. No additional permits of any type shall be issued to any person who owes the City the double fee described in this subsection. However, no double fee shall be imposed upon any person who starts without a permit if:

            (1)   The work is started on a Saturday, Sunday, or holiday, or during any other day when the Building Department is not normally open for business; and

            (2)   The person secures the proper permit on the next Fire Department working day.

         106.3 Refunds. If, within 30 days of the date of issuance, the holder of a construction permit decides not to commence the work described in said permit, said person may, upon application to the Fire Chief, be refunded that portion of the permit fee which is in excess of the permit refund fee as set forth in the Schedule of Fees as adopted by the Council.

         106.4 Renewals. Fees for Permit Renewals shall be based on the percentage of valuation of remaining work to be performed provided the plans are not changed. If the plans are changed enough to warrant a review, then the permit fee shall be half the cost of the original fee plus any fees as set forth in Section 106.6 of this Code section.

      * Or the hourly cost to the jurisdiction, whichever is greater. This cost shall include supervision, overhead, hourly wages, and fringe benefits of the employees involved.

         106.5 Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this Code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection. Reinspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official. To obtain a reinspection, the applicant shall pay the reinspection fee as set forth in the Schedule of Fees as adopted by the Council. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

         106.6 Other Inspections and Fees. See the schedule of fees as adopted by Council.

      Persons performing work for the federal government, the State, the County, or City may obtain permits for such work without paying the permit fees described herein; provided, however, that nothing in this section shall be construed to exempt payment of permit fees by persons performing work under the direction of the City in connection with the abatement of any public law.

      An expired permit may not be reissued without a permit fee except by resolution of the Council.

      6.   Definitions. Section 202 shall be amended by including the following definitions:

         Bedroom. Any room designed for and potentially used for sleeping purposes at the present time or in the future. Bedrooms shall meet all the minimum provisions of this Code to include minimum emergency escape and rescue opening, shall have a permanently powered dual sensor smoke alarm device with battery backup. For the purpose of this chapter “bedroom(s) and sleeping room(s) shall be synonymous with each other.”

         Speculative building. A strip mall, warehouse, or other structure where the final occupancy group of the building is not known at the time of permitting.

      7.   Open Burning, Recreational Fires, and Portable Outdoor Fireplaces. Section 307 of the International Fire Code shall be deleted and replaced with the following:

      307.1 Open Burning, Recreational Fires, and Portable Outdoor Fireplaces. There shall be no open burning in the City of Altoona Corporate Limits without prior approval of Polk County Air and Waste Management Department and the Fire Chief.

      8.   Open Flame Cooking Devices. Section 308.1.4 Exception #3 of the International Fire Code shall be amended by deleting and replacing with the following:

         3.   LP-gas cooking devices having an LP-gas container with a water capacity greater than 47.7 pounds (nominal 20 pound LP gas capacity) shall not be located on combustible balconies and decks or within 10 feet of combustible construction.

         Exception: One- and two-family dwellings.

      9.   Dimensions. Section 503.2.1 shall be amended by changing the dimension of 13 feet 6 inches to 14 feet.

      10.   Address Identification. Section 505.1 of the IFC shall be deleted and replaced with the following:

         505.1 Address Identification. Every new and existing principal structure on a premise shall have the address number affixed thereto. The numbers shall be six inches in height for structures built per the provisions of the IBC with the exception that individual dwelling units in multi-family structures are allowed numbers to be a height of three inches. The numbers for buildings constructed per the provisions of the IRC shall be four inches in height. The numbers shall be of visible from the public right-of-way and of contrasting color from the principal structure. Where required by the Fire Code Official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole, or other approved sign or means shall be used to identify the structure. Address identification shall be maintained.

      11.   Key Boxes. Section 506.1 of the International Fire Code shall be amended by adding the following to the end of the section:

         “Key boxes shall be located at the front of the building typically adjacent to the main front doors at a maximum height of six feet above grade or at a location as directed by the Fire Code Official.”

      12.   Hydrant for Fire Department Connections. Section 507.5.1.1 shall be deleted and replaced with the following:

         Buildings equipped with a Fire Department connection installed in accordance with Section 912 shall have a fire hydrant located on a fire access road within 100 feet (30 m) of the Fire Department connection as measured by an approved route around the exterior of the building.

         Exception: The distance shall be permitted to exceed 100 feet (30 m) where approved by the Fire Code Official.

      13.   Fire Hydrant Markers and Identification Color. Chapter 5 shall be amended by adding the following section:

         Section 507.5.7 Fire Hydrant Markers and Identification Color. When required by the Fire Code Official, hydrant locations shall be identified by the installation of an approved reflective marker. Both public and private hydrants shall comply with and be painted to City specifications.

         Section 507.5.8 Fire Hydrant Installation. Fire hydrants shall be installed with the grade mark on the fire hydrant at the level of finished grade. The large diameter connection shall be installed such that the connection is oriented facing the fire department access road.

      15.   Fire Service Features. Chapter 5 shall be amended by adding the following section:

         Section 511 Fire and Emergency Vehicle Lanes

         Section 511.1 General. Fire and emergency vehicle lanes shall be provided and maintained in accordance with Section 511.2 through 511.6, and referred to as fire lanes in this ordinance.

         Section 511.2 Purpose. The requirement that fire lanes be established in certain parking areas and the enforcement of restrictions on parking in such fire lanes established in this chapter are designed to ensure adequate access to commercial, office, multi-family, and other high density use facilities by fire-fighting and other emergency vehicles.

         Section 511.3 Designation. The Fire Code Official may designate fire lanes on private and public property as deemed necessary for the protection of life and property.

         Section 511.4 Obstruction. No person shall park or place a vehicle or other obstruction in a designated fire lane that would prevent such fire lane from being immediately accessible to emergency vehicles, or deter or hinder emergency vehicles from gaining immediate access to the fire lane. A written request to the Fire Chief for temporary obstruction of a fire lane shall be submitted for approval.

         Section 511.5 Signs and Markings. Wherever a fire lane has been designated, the Code Official shall cause appropriate signs and markings to be placed identifying such fire lanes. Signs or markings shall be maintained in a clean and legible condition at all times and shall be replaced or repaired when necessary to provide adequate visibility. Fire lanes may be established or relocated at the time of plan review, pre-construction site inspection, or post construction site inspection, as well as any time during the life of the occupancy as needed to provide and maintain emergency vehicle access. All designated fire lanes shall be clearly marked in the following manner:

         1.   Vertical curbs shall be painted red on the top and side, extending the length of the designated fire lane. Rolled curbs or surfaces without curbs shall have a red six-inch wide stripe painted the length of the designated fire lane. One of the following identification lettering methods shall be utilized:

            A.   The words “NO PARKING – FIRE LANE” shall be stenciled with three-inch white letters and a minimum three – quarter inch stroke on the face of the curbing, or in the absence of vertical curbing, on the red stripe, and spaced at 50-foot intervals or portions thereof, or

            B.   The pavement adjacent to the painted curbs shall be marked with minimum 18-inch in height block lettering with a minimum three-inch brush stroke reading: “NO PARKING - FIRE LANE.” Lettering shall be red and spaced at 50-foot intervals or portions thereof.

         2.   Signage identifying fire lanes shall conform to the following:

            Fire lane signs shall be 18 inches tall x 12 inches wide with red letters on a white reflective background to read “Fire Lane No Parking” or similar verbiage as approved by the code official. Fire lane signs shall be placed two to four feet from the edge of the street. The top of fire lane signs shall be approximately six feet from the ground. Intermediate fire lane signs shall be set every 100 feet in a continuous fire lane. The “BEGINS” sign shall mark the beginning of a fire lane and shall be mounted below the first fire lane sign. The “ENDS” sign shall mark the ending of a fire lane and shall be mounted below the last fire lane sign. The “BEGINS” and “ENDS” signage may be omitted by the Code Official due to the location of the fire lane. Signs may be placed on a building when approved by the Fire Code Official.

         Section 511.6 Maintenance. The owner, manager, or person in charge of any property upon which designated fire lanes have been established shall provide marking as required above and, shall maintain fire lanes, at their expense, as often as needed to clearly identify the designated area as being a fire lane.

      16.   Group E Daycare Facilities. Section 903.2.3 shall be amended by adding the following subsection:

         4.   Group E daycare facilities 5,000 square feet or more, or containing an occupant load of 100 persons or more, including children and staff, shall be provided with a NFPA 13 system throughout the occupancy.

      17.   Group I. Section 903.2.6 shall be amended by deleting exception #2 and replacing with the following:

         2.   A Group I- four daycare facility with a fire area less than 5,000 square feet and an occupant load less than 100, which is located at the level of exit discharge, and where every room where care is provided has not fewer than one exterior exit door, an automatic sprinkler system is not required.

      18.   Care Facilities. Subsection 903.2.8.4 shall be amended by deleting the section and replacing with the following:

         903.2.8.4 Care Facilities. Care facilities for eight or fewer persons receiving care that are within a single-family dwelling are permitted to comply with the International Residential Code.

         903.2.11.1.3 Basements. Where any portion of a basement is located more than 75 feet from openings required by Section 903.2.11.1, the basement shall be equipped throughout with an approved automatic sprinkler system.

      20.   Attics in Multi-Family Structures. Section 903.3.1.2.3 shall be amended by adding the following Subsection #5.

         5.   Multi-family residential structures required to have a sprinkler system installed, shall provide automatic sprinklers throughout all portions of the attic area.

         Exceptions:

            1.   Structures are two stories or less in height.

            2.   The attic structural and roofing components are composed of non-combustible materials

            3.   Attic areas with less than four-foot height

      21.   Alarms. Section 903.4.2 shall be amended by replacing the first sentence with the following:

      An approved weather proof audible device listed for outdoor use with 110 candela visual signal shall be located on the exterior of the building in an approved location, and connected to each automatic sprinkler system.

      22.   Height. Section 905.3.1 #1 shall be deleted and replaced with the following:

         1.   Three or more stories are above or below grade.

      23.   Excessive Distance. Section 905.3 shall be amended by adding the following subsection:

         905.3.9 Excessive Distance. Where the most remote portion of a floor or story is more than 400 feet from a hose connection or fire department access road, the Fire Code Official is authorized to require standpipes to be provided in approved locations. Class I manual standpipes shall be allowed.

      24.   Fire Alarm Control Panels (FACP). Section 907.1 shall be amended by adding the following subsection:

         Section 907.1.4 Fire Alarm Control Panels (FACP). Each building shall have no more than one FACP.

         Installation of fire alarm panel shall not exceed six feet in height measured from the floor to the top of the unit.

         Exception: Suppression system releasing panels are not required to meet the height requirement or the limitation in the number of panels.

      25.   Single and Multiple Station Smoke Alarms. Section 907.2.10 shall be modified by inserting the following immediately following the existing language:

         “Smoke alarms in dwelling units shall be addressable with sounder bases and monitored by the building fire alarm system as a supervisory signal only. Mini horns in dwelling units are not required if notification from a building fire alarm system is through the smoke alarms with sounder bases. An addressable system is required whenever there are eight or more signaling devices, i.e., detectors, pull stations, flow switches, etc.”

      26.   Zones. Section 907.6.4 Zones shall be amended by adding a new section as follows:

         907.6.4.3 Zone and Address Location Labeling. Fire alarm panels shall have all zones and address points plainly and permanently labeled as to their location on the outside of the panel or on an easily readable map of the building, if no display screen is present.

      27.   Monitoring. Section 907.6.6 (IBC) shall be deleted and replaced with the following language:

         907.6.6 Monitoring. Fire alarm systems required by this chapter shall be monitored by a central station approved and listed under UL 827 in accordance with NFPA 72.

      28.   Fire Department Connections. Section 912.1 shall be amended by adding the following to the end of the section:

      “The Fire Department connection shall be a five-inch Storz type connector(s) compatible with the hose couplings currently in use by the Fire Department. A Fire Department connection having the standard internal threaded swivel fittings of two and one-half inches NST may be substituted for the five-inch Storz connection with the approval of the Fire Code Official where system pressures may exceed hose test pressure or where the water supply locations could require an extensive hose lay to the structure.”

      29.   Location. Section 912.2 shall be amended by adding the following to the end of the paragraph:

      Structures more than two stories in height, or with sidewalls greater than 20 feet in height, shall have a remote FDC located separately from the structure on a fire access road at an approved location when feasible.

      30.   Rooms and Spaces. Section 1008.3.3 shall be amended by deleting item #5 and replacing with the following:

         5.   Public restrooms that contain more than one water closet or urinal or that are required to be accessible.

      31.   Continuity and Components. Subsection 1009.2 shall be amended by adding item #11 as follows:

         11.   Components of required exterior walking surfaces shall be hard surfaced.

      32.   Frost Protection. Section 1010.1.6 shall be amended by adding a new subsection as follows:

         1010.1.6.1 Frost Protection: Exterior landings at doors required to be at the same level by 1010.1.5 shall be provided with frost protection.

      33.   Additional Exit Signage. Section 1013.1 shall be amended by adding the following subsection:

         1013.1. 1 Additional Exit Signage. Additional exit signs may be required at the discretion of the Code Official to clarify an exit or exit access.

      34.   Handrails. Section 1014.4 Continuity shall be amended by deleting exception number 1 and replacing with the following:

         1.   Handrails within a dwelling unit, or serving an individual dwelling unit of groups R-2 and R-3, shall be permitted to be interrupted by a newel post at a turn or landing. Handrails serving these occupancies shall be allowed to be interrupted at one location in a straight stair when the rail terminates into a wall or ledge, is offset, and immediately continues.

      35.   Walking Surfaces. Section 1015 shall be amended by adding a new subsection 1015.9 as follows.

         1015.9 Walking Surfaces. A guard shall be provided along retaining walls where a finished walking surface such as a sidewalk, patio, driveway, parking lot, or similar, are located on the top side of a retaining wall. The guard shall be installed along any portion of the wall measuring 30 inches or greater in height measured at any point within 36 inches horizontally to the edge of the open side. A guard shall not be required along portions of the retaining wall where the horizontal distance between the edge of the finished walking surface and the face of the wall is greater than 72 inches.

      36.   Hard Surfaces. Section 1028.5 shall be amended by adding the following subsection:

         1028.5.1 Hard Surfaces. Components of required exterior walking surfaces shall be concrete, asphalt, or other approved hard surface.

      37.   Requirements for Egress Window Landings. Section 1030.3 shall be amended by adding the following to the end of the section:

      “Where a landing is provided for egress windows in new and existing construction of Group R, One- and Two- Family, and Townhouse Dwellings where the maximum height from the floor requirement cannot be met as stated in Section 1026.3 shall have a minimum width of 36 inches, a minimum depth of 12 inches and a maximum height of 24 inches. The landing shall be permanently affixed to the floor under the window it serves.”

      38.   Window Well Drainage. Section 1030.4 shall be amended by adding a new subsection as follows:

      1030.4.3 Window Well Drainage. Window wells shall be designed for proper drainage by connecting to the buildings foundation drainage system required by Section 1805.4.2 or by an approved alternate method.

      39.   Where Required. Section 3313.1 shall be amended by changing the reference of 40 feet (12,192 mm) to read 30 feet (9,144 mm).

      40.   Fire Alarm Systems. Section 1103.7 shall be amended by deleting the section and replacing with the following:

         1103.7 Fire Alarm Systems. An approved fire alarm system shall be installed in existing buildings and structures in accordance with Section 1103.7.1 through 1103.7.6. The system shall provide occupant notification in accordance with Section 907.5 and monitoring in accordance with Section 907.6.6.

      Exception: Occupancies with an existing, previously approved fire alarm system, and equipped with an approved NFPA 13 of NFPA 13R automatic extinguishing system.

   1.   **General.** It shall be unlawful to manufacture fireworks within the corporate limits of the City.

   2.   The Fire Chief, Police Chief, or duly appointed representatives are authorized to seize, take, remove, or cause to be removed, at the expense of the owner, all stocks of illegal fireworks (not State approved), offered or exposed for sale, stored, and held to be in violation of State law.

   3.   The City deems the use of first-class consumer fireworks as a threat to public safety or a nuisance to landowners and therefore prohibits the use of first-class consumer fireworks within the corporate limits of the City, except as expressly permitted by Iowa Code §727.2.

      A.   It shall be unlawful for any person to offer for sale, expose for sale, or sell at retail any consumer fireworks within the corporate limits of the City unless all of the following conditions are met:

         (1)   The person holds a valid Retail Fireworks License issued by the State of Iowa (e.g., State Fire Marshal/DIAL);

         (2)   The person has obtained a local Fireworks Sales Permit as required by this section;

         (3)   Sale occurs only during the dates and times allowed by Iowa Code §727.2.

      B.   The use or explosion of first-class consumer fireworks shall be allowed only on the following dates and during the times mandated by State law, during which the City may not enforce its prohibition:

         (1)   **July 3**: from **9:00 a.m. to 10:00 p.m.**, or until **11:00 p.m.** if July 3 falls on a Saturday or Sunday;

         (2)   **July 4**: from **9:00 a.m. to 11:00 p.m.**;

         (3)   **December 31**: from**9:00 a.m. to 12:30 a.m.** on January 1.

      C.   Outside of the dates and times identified in Subsection B, the use or explosion of first-class consumer fireworks is prohibited and shall be subject to enforcement under this ordinance. This includes, but is not limited to:

         (1)   Any time before 9:00 a.m. or after the ending time listed for July 3, July 4, or December 31;

         (2)   All other dates within the State’s authorized fireworks period: **June 1 through July 2**, **July 5 through July 8**, and **December 10 through December 30**, and **January 1 through January 3**.

      D.   The use or explosion of second-class consumer fireworks, as defined herein, shall also be prohibited outside the dates and times listed in Subsection B. These items may only be used during the same timeframes as first-class consumer fireworks and must comply with all other applicable ordinances related to noise, nuisance, and public safety.

      E.   The sale and use of novelties, known as snappers, party poppers, glow worms, snakes, toy smoke devices, and sparklers are permitted at all times.

      F.   As used in this section:

         (1)   “Consumer fireworks” means those fireworks as defined by the Iowa Revised Statutes, S.F. 489, that may be sold within the City even where the use of those items has been prohibited.

         (2)   “First-class consumer fireworks” means the following consumer fireworks, as described in APA 87-1, Chapter 3:

            a.   Aerial shell kits and reloadable tubes.

            b.   Chasers.

            c.   Helicopter and aerial spinners.

            d.   Firecrackers.

            e.   Mine and shell devices.

            f.   Missile type rockets.

            g.   Roman candles.

            h.   Skyrockets and bottle rockets.

            i.   Multiple tube devices manufactured per APA 87-1, Section 3.5.

         (3)   “Second-class consumer fireworks” means the following consumer fireworks, as described in APA 87-1, Chapter 3:

            a.   Cone fountains.

            b.   Cylindrical fountains.

            c.   Flitter sparklers.

            d.   Ground and hand-held sparkling devices, including multiple tube versions compliant with APA 87-1, Section 3.5.

            e.   Ground spinners.

            f.   Illuminating torches.

            g.   Toy smoke devices not classified as novelties.

            h.   Wheels.

            i.   Wire or dipped sparklers not classified as novelties.

      G.   Exceptions:

         (1)   The Armed Forces of the United States, Coast Guard, or National Guard;

         (2)   Explosives in forms prescribed by the official United States Pharmacopoeia;

         (3)   Possession, storage, and use of small ammunition in DOT-compliant packaging;

         (4)   Possession, storage, and use of limited quantities of sporting black powder and smokeless powder for personal use;

         (5)   Official use by regulatory, law enforcement, and fire agencies;

         (6)   Special industrial explosive devices under 50 pounds aggregate explosive materials;

         (7)   Blank industrial power load cartridges packaged per DOT standards;

         (8)   Transportation in compliance with DOT 49 C.F.R. Parts 100 through 178;

         (9)   Items preempted by federal regulations;

         (10)   Items considered as “second-class consumer fireworks” and “novelties.”

   4.   The use of fireworks for display is allowed per Section 161.19 with Council approval, and in accordance with Section 161.20.

   1.   The applicant shall, at the time they make their application for a permit, attach thereto a bond or certificate of insurance naming the applicant and the City as insured, in the sum of not less than $1,000,000.00, provided that the Chief of the Fire Department or the Council do not require a greater amount. Said bond and insurance shall insure the use and benefit of the City or any person who suffers damage either to person or property by reason of said display of fireworks.

   2.   Any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining.

   1.   Scope. This section shall apply to the release of hazardous substances and the notification, cleanup, and recovery of costs associated with the mitigation of hazardous conditions.

   2.   Definitions. For the purposes of the section, these words have the following meaning:

      A.   “Cleanup” means the removal, by approved personnel, of the hazardous substances to a place where the waste will not cause any danger to persons or the environment, in accordance with the State statutes, rules, and regulations therefore, or the treatment of the material as defined herein to eliminate the hazardous condition, including the restoration of the area to general good appearance without noticeable odor as far as practicable. Cleanup includes all actions necessary to contain, collect, identify, analyze, treat, disperse, remove, or dispose of a hazardous substance and to restore the sites from which such hazardous substance was cleaned up.

      B.   “Hazardous Condition” means any situation involving the actual, imminent, or probable spillage, leakage, or release of a hazardous substance:

         (1)   Within the City or onto City property located outside the City which, because of the quantity, strength, and toxicity of the hazardous substance, its mobility in the environment and its persistence creates an immediate potential danger to the public health or safety; or

         (2)   Onto land, into the waters within the State, or into the atmosphere, but outside the City, which because of the quantity, strength, and toxicity of the hazardous substance, its mobility in the environment and its persistence, creates an immediate potential danger to the public health or safety of persons or property within the City. Hazardous condition includes involving hazardous materials required to be reported under Section 321.266 (4) of the Code of Iowa.

      C.   “Hazardous substance” means any substance or mixture of substance that presents a danger to public health or safety or environment and includes, but is not limited to, a substance that is toxic, corrosive, or flammable, or that is an irritant, or that, in confinement, generates pressure through decomposition, heat, or other means. The following are examples of substances which, in sufficient quantity, may be hazardous; acids; alkalis; explosives; fertilizers; heavy metals such as chromium, arsenic, mercury, lead, and cadmium; industrial chemicals; paint thinners; paints; pesticides; petroleum products; poisons; radioactive materials; sludges; and organic solvents. “Hazardous substance” includes any hazardous waste identified or listed by the Administrator of the United States Environmental Protection Agency under the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, or any toxic pollutant listed under Section 307 of the Federal Water Pollution Control Act of 1976, as amended to January 1, 1977, or any hazardous materials designated under Section 311 of the Federal Water Pollution Control Act, as amended to January 1, 1977, or any hazardous materials designated by the Secretary of Transportation under the Hazardous Materials Transportation Act, or any hazardous substance listed under the Comprehensive Environmental Response, Compensation and Liability Act of 1980.

      D.   “Person” means a natural person, their heirs, executors, administrators, or assigns and also includes a firm, partnership, or corporation, or their successors of assigns, or any other similar legal entity or the agent of any of the aforesaid.

      E.   “Responsible person” means the person, whether the owner, agent, lessor or tenant, in charge of the hazardous substance being stored, processed, or handled, or the owner or bailee transporting hazardous wastes or substances whether on public ways or grounds or on private property where the spill would cause danger to the public or to any persons or to the environment.

      F.   “Treatment” means a method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of a hazardous substance so as to neutralize it or render the substance non-hazardous, safer for transport, amenable for recovery, amenable for storage, or to reduce it in volume.

      Treatment includes any activity or processing designed to change the physical form or chemical composition of a hazardous substance to render it non-hazardous.

   3.   Notification. When a hazardous condition is created, the responsible person shall notify the Fire Department immediately upon discovery of the condition, but in no instance later than 30 minutes after the discovery of the hazardous condition.

   4.   Cleanup Required. Whenever a hazardous condition is created by the deposit, injection, dumping, spilling, leaking, or placing of a hazardous substance, so that the hazardous substance, or a constituent of the hazardous substance, may enter the environment or be emitted into the air or discharged into any waters, including ground waters, the Fire Chief may remove or provide for removal and the disposal of the hazardous substance at any time, unless the Fire Chief determines such removal will be properly and promptly accomplished by the responsible person. If the responsible party does not initiate and complete cleanup within the time designated by the Fire Department, the City may proceed to remedy the hazardous condition by performing necessary cleanup devices.

   5.   Loss, Burden, or Costs. A responsible person shall be liable to the City for all cleanup costs incurred by the City, including, but not limited to; chemical damage, contamination of equipment, and the use of consumable materials, personnel, but shall not be liable for those losses, burdens, or costs normally associated with response to fire emergencies which do not involve hazardous conditions. If charges for such cleanup costs are not paid within 30 days after invoice, the City shall proceed to obtain payment by all legal means.

   1.   Definitions. For the purposes of this section, these words have the following meaning:

      A.   “False alarm” means the activation of a fire alarm system through mechanical failure, malfunction, improper installation, improper maintenances, or the negligence of the owner or lessee of the fire alarm system or their employees or agents. This does not include alarms caused by unauthorized tampering with a fire alarm system by anyone other than the fire alarm user or their agent.

      B.   “Fire Alarm System” means any assembly of equipment, mechanical, or electrical, installed by a fire alarm business, arranged to signal the occurrence of a fire, smoke, water flow, or other condition to which the Fire Department may be expected to respond.

      C.   “Fire alarm user” means a person, firm, partnership, association, corporation, company, or organization of any kind that is in control of any building, structure, or facility where a fire alarm system is present.

      D.   “Testing and maintenance” means when an alarm service technician or alarm company conducts fire alarm system testing.

   2.   Fire Alarm Activation and User Fee.

      A.   Whenever fire department personnel respond to an activated fire alarm system the Fire Chief or authorized fire official in charge of the incident shall determine if the response was caused by a false alarm and shall indicate that fact upon the incident report.

      B.   The Fire Department shall regularly review incident reports to monitor the accumulation of false alarms at any one location. Whenever two false alarms have occurred at the same location within one calendar year, and the location is within the response jurisdiction area of the City, the Fire Department shall notify the fire alarm user by letter, citing the location and date of each alarm activation. The letter shall recommend that appropriate action be taken on the part of the fire alarm user to alleviate the causes of such false alarms and shall include a statement that an accumulation of more than three false alarm activations within a year shall result in a charge for services. Another similar letter shall be sent when three false alarms have occurred at the same location within the year.

      C.   When four false alarms have occurred at one location within a calendar year, a user fee for service for false alarm response shall be invoiced to the property owner. Each additional false fire alarm activation within the same calendar year shall be invoiced an additional fee. In the event that payment of the fee is not made within 30 days of billing, an administrative charge for collection shall be assessed. All fees shall be established by resolution of the Council, as adopted. The fee hereby established affords only partial recovery of the expenses incurred in responding to the false alarms.

      D.   Whenever fire department personnel respond to a fire alarm that has been activated due to testing and maintenance, the fire official in charge of the incident shall determine if the response resulted from failure to make the proper notification to the alarm system monitor center and the County Communication Dispatch Center and shall so indicate on the incident report. Notwithstanding anything contained in any other section of the ordinance codified in this chapter, if a fire alarm is activated due to testing and maintenance and the County Communication Dispatch Center was not given proper notification, a user fee established by resolution will be imposed upon each false alarm. The responsible party will be the agency, testing, or maintenance company representative, or individual that initiated the alarm testing or maintenance.

   3.   Evidence of Repair Accepted in Lieu of Fee. An alarm user may submit evidence that a malfunctioning system has been repaired in lieu of paying a user fee within 10 days of the date of notification of the fee. Evidence such as a receipt from a licensed alarm business with a statement of repairs made to the system is acceptable.

   4.   Review of False Alarm Fee. Any person may appeal the imposition of the fee to the Council. A false alarm activation user, or their designee, shall appeal in writing and such appeal shall be made to the Fire Chief within 10 days of the date of notification of the fee.

   5.   False Alarm Fees. A fee for each false alarm shall be paid to the Fire Chief in the amount set forth in the Schedule of Fees as adopted by the Council.

   6.   False Alarm Effective Date. False fire alarm activation fees will begin at the time of Council resolution.

   In order to hear and decide appeals of orders, decisions, or determinations made by the Fire Official relative to the application and interpretation of this Code, there shall be and is hereby created a Board of Appeals, consisting of five members. Board of Appeals members shall be chosen and appointed based on diversity and building construction knowledge, all of whom shall be residents of the City. One member of said Board of Appeals, at a minimum, shall be a private citizen. The Fire Official or Building Official shall be an ex-officio member without a vote and shall act as secretary of the Board of Appeals. The appointment of members shall be for four-year terms, expiring on December 31, with not more than three members’ terms expiring in any one year. The Fire Board of Appeals shall be appointed by the Mayor, subject to Council approval, and shall serve without compensation. The Fire Board of Appeals and the Building Board of Appeals shall be one in the same. The Board of Appeals shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Fire or Building Official with a duplicate copy to the appellant, and may recommend to the Council such new legislation as is consistent therewith. The Board of Appeals shall meet at will and when there are appeals or business on file for a hearing. Nominal appeal fee to the Fire or Building Board of Appeals shall be paid as set forth in Section 161.03. The appeal shall be valid for one year from the date of the Board approval to the commencement of work and to the completion of work undertaken pursuant to the approval.

   See Chapter 3 of this Code of Ordinances.