A.   Title: This chapter will be known as the ADOPTION OF INTERNATIONAL FIRE CODE OF THE CITY OF ELKO, hereinafter "Code", including the adoption of the 2024 International Fire Code with appendices A, B, C, D, E, F, G, H, I, K, M and N, except as otherwise amended by the Elko City Council. Certain sections of the International Fire Code and appendices may be added or deleted by resolution.

   B.   Applicability: All construction of, or the enlarging, altering, repairing, moving, demolishing, or changing the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any component, element, or portion of a building or structure within the City must be in compliance with, in addition to, the other applicable codes or amendments set forth by the City Council, the currently adopted edition of the International Fire Code, except as otherwise amended by the Elko City Council.

   C.   International Fire Code Amendments: There is hereby adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain Code known as the International Fire Code (IFC), recommended by the International Code Council, being particularly the edition noted in subsection A of this section, thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended, such to become effective thirty (30) days after public notice of the filing in the City Clerk's Office hereinafter specified is given by one (1) publication in a newspaper in the City. One (1) copy of the latest edition being adopted shall be approved by the City Council and placed on file in the Office of the City Clerk. From the date on which such filed edition of said Code shall take effect, the provisions thereof shall be controlling within the limits of the City. The said Code is hereby adopted as the rules and regulations for governing conditions hazardous to life from fire or explosion. In the event that any of the provisions of the latest edition of the IFC conflict with any provisions of this chapter, the provisions of this chapter shall govern and be controlling. All supplements to the IFC, issued by the International Code Council between editions and approved by the City Council and filed in triplicate in the Office of the City Clerk shall become part of this IFC effective thirty (30) days after public notice of such filing is given by one (1) publication in a newspaper in the City. Certain sections of the International Fire Code and appendices may be added or deleted by resolution.

(Ord. 817, 4-25-2017; amd. Ord. 840, 6-11-2019; Ord. 872, 8-23-2022; Ord. 902, 12-9-2025)

   A.   The IFC shall be enforced by the Bureau of Fire Prevention in the Fire Department of the City, which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department.

   B.   The Chief in charge of the Bureau of Fire Prevention shall be appointed by the City Council on the basis of examination to determine his qualifications.

   C.   The Chief of the Fire Department may detail such members of the Fire Department as inspectors as shall from time to time be necessary. The Chief of the Fire Department shall recommend to the City Council the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and nonmembers of the Fire Department, and appointments made after examination shall be for an indefinite term with removal only for cause. (Ord. 646, 9-13-2005; amd. Ord. 840, 6-11-2019)

The following terms shall have the corresponding meanings when used in this chapter.

CORPORATION COUNCIL: The attorney for the city of Elko.

UNWANTED ALARM: Any alarm that is not the result of a potentially hazardous condition.

(Ord. 733, 5-10-2011; amd. Ord. 840, 6-11-2019; Ord. 872, 8-23-2022; Ord. 902, 12-9-2025)

The following are hereby designated fire lanes:

   A.   At the Elko shopping plaza, Highway 40 E., a fifteen-foot (15') lane adjoining all storefront sidewalks and all routes or lanes used for access to the stores and parking areas.

   B.   At the Northeastern Nevada Regional Hospital, all routes or lanes used for access to the hospital and parking areas. Any road or passageway developed to allow the passage of fire apparatus.

   C.   Section 503.4 of the international fire code prohibits obstruction of fire apparatus access roads, including, but not limited to, the parking of vehicles.

   D.   Fire lane, fire lane parking, fire apparatus access roads, fire protection appliances, fire hydrants, and other fire protection equipment or appliances on any private property, shall be identified, marked and for the life of the facility be maintained with signage, red paint street markings and other clearly identified means by the property owner in compliance with chapter 5 and appendix D of the currently adopted international fire code.

   E.   Enforcement of these regulations shall fall to the city of Elko fire code official and shall include the authority of the police department to cooperate and issue citations, and cause the removal of any blockage of fire lanes, appliances, fire access roadways, or designated areas.

(Ord. 733, 5-10-2011; amd. Ord. 840, 6-11-2019; Ord. 902, 12-9-2025)

   A.   Waivers: Any applicant for a permit or approval under this title may obtain a waiver from the fire code official, with or without conditions, from any requirement contained in the Fire Code by demonstrating to the fire code official: 1) that compliance is physically impractical or impossible under circumstances unique to that building, structure or property; 2) that by granting the waiver, the intent and purpose of the requirement to be waived will nonetheless be fulfilled; and 3) that the waiver will not adversely affect the health or safety of the public or persons entering upon or occupying any building, structure or property. Any request for a waiver pursuant to this subsection shall be in writing and signed by the owner of the building, structure or property affected. Any waiver granted by the fire code official pursuant to this subsection shall be in writing and shall state any conditions upon which the waiver is granted, together with a deadline for satisfaction of each condition. The failure of the applicant to satisfy the conditions stated in the waiver by the indicated deadline(s) shall result in the automatic revocation of the waiver, together with any previously-issued permit or other approval dependent upon the waiver. Under no circumstances shall the fire code official waive any requirement contained in this title unless expressly authorized by this Code.

   B.   Appeals:

      1.   General Requirements: Whenever the fire code official disapproves a request for a waiver or an application or refuses to grant a permit applied for, the aggrieved person(s) may appeal from the decision of the fire code official to the city council within thirty (30) days from the date of the decision appealed. On appeal, the city council shall affirm the decision of the fire code official unless the aggrieved person demonstrates that the decision was based on a misconstruction or misinterpretation of the Fire Code, or that the Fire Code provision upon which the fire code official’s decision was based is capable of two (2) or more different but reasonable interpretations. The failure of the aggrieved person to file a notice of appeal in the manner stated in this section shall result in a waiver of the aggrieved person's right to appeal. The filing of a notice of appeal shall not stay the action of the fire code official pending the outcome of the appeal.

      2.   Investigation By City Council: Following the filing of a notice of appeal, the City Council may, in its discretion, appoint a committee of the City Council or an independent hearing officer to investigate the notice of appeal, report findings of fact and make a recommendation for disposition to the City Council.

      3.   Hearing Before City Council: The City Council shall conduct a hearing on the appeal within forty-five (45) days from the date the notice of appeal is filed with the City Clerk. The hearing shall be open to the public and shall be conducted in accordance with the procedures set forth in this section.

      4.   Hearing Procedures: The procedures pursuant to which the City Council shall hear an appeal pursuant to this section are as follows:

         a.   The appellant shall first describe the decision being challenged, state the grounds for the appeal and present a summary of the appellant's argument.

         b.   The appellant may then testify, submit documents and/or call witnesses in support of the appeal.

         c.   The City shall then state the grounds for opposing the appeal.

         d.   The City may submit documents and/or call witnesses in opposition to the appeal.

         e.   The appellant may then present a rebuttal argument, witnesses and/or documents. The failure of an appellant to provide argument, witnesses and/or documents on rebuttal shall not be considered by the City Council in deciding the appeal.

         f.   The appellant and the City, respectively, may present closing arguments.

         g.   Appellant and the City are entitled to be represented by counsel, and present testimony, evidence and argument on all issues raised on appeal.

         h.   The City Council may, if it appears helpful to a clear understanding of the issues, consider matters not raised at the hearing.

         i.   All testimony by the appellant and the parties' witnesses shall be under oath.

         j.   The rules of evidence shall not apply.

         k.   The Mayor or Mayor Pro Tem may limit testimony or other proffered evidence that is duplicative, unnecessarily argumentative or not reasonably related to the matter being appealed.

         l.   The Mayor or Mayor Pro Tem may terminate the hearing upon finding that sufficient testimony, documents and arguments have been presented to enable the City Council to fully deliberate and decide the appeal; provided, the Mayor or Mayor Pro Tem shall first request from the appellant a summary of all remaining matters he or she intends to present at the hearing.

      5.   Decision By City Council: At the conclusion of the hearing, the City Council shall make a final decision that is consistent with the requirements of this title to affirm, deny, condition or modify the decision of the fire code official and shall within thirty (30) days thereafter file a notice of decision with the City Clerk stating the decision.

      6.   Judicial Review: Any person who has appealed a decision to the City Council in accordance with this section and is aggrieved by the decision of the City Council may appeal that decision to the Fourth Judicial District Court in and for the County of Elko, State of Nevada, by filing with that court a petition for judicial review within twenty-five (25) days from the date the notice of decision is filed with the City Clerk. (Ord. 733, 5-10-2011; amd. Ord. 840, 6-11-2019; Ord. 872, 8-23-2022)

The City Manager, the Fire Chief and the Chief of the bureau of fire prevention shall act as the committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in the Fire Code. The chief of the bureau of fire prevention shall post such lists in a conspicuous place in his office and distribute copies thereof to interested persons. (Ord. 237, 11-9-1976; amd. Ord. 840, 6-11-2019; Ord. 872, 8-23-2022)

   A.   Violation Penalties: Persons who shall violate any provision of this title, or shall fail to comply with any of the requirements thereof, or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificated use under provisions of this title, shall be guilty of a misdemeanor, punishable of a fine not more than one thousand dollars ($1,000.00) or by imprisonment not exceeding one hundred eighty (180) days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

   B.   Recovery Of Costs: The city may recover all actual response costs, isolation costs or mitigation costs associated with all provisions of this title when deemed in the public best interest, to recover extraordinary expenses, or costs associated with the civil or criminal order of the court for any municipal, district or juvenile court within our district.

   C.   Abatement Of Violations: In addition to the imposition of the penalties herein described, the fire code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation, or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises. (Ord. 646, 9-13-2005; amd. Ord. 840, 6-11-2019)

One copy of the IFC, with all amendments and supplements thereto after adopted, shall be kept on file in the office of the city clerk for use and examination by the public in the office of the city clerk. (Ord. 646, 9-13-2005; amd. Ord. 840, 6-11-2019)

It shall be unlawful for any lessee, owner, individual, partnership, corporation, firm, business, or other entities of any type or nature to own, suffer, permit or allow any tank or bulk storage aboveground outside or inside a building; or underground outside or under a building; or to abandon any tank without complying with the currently adopted international fire code and any other referenced codes. (Ord. 733, 5-10-2011; amd. Ord. 840, 6-11-2019)

   International Fire Code Amendments and Nevada Administrative Code Provisions. Except as otherwise set forth herein, the 2024 International Fire Code (excluding the 2024 Northern Nevada Amendments to the 2024 International Fire Code); NAC 477.275 through 477.283, inclusive; and the following provisions are hereby adopted and incorporated into the City of Elko Fire Code. The following provisions shall prevail in the event of a conflict with any code or regulation incorporated by reference:

   A.   NFPA Standard: The NFPA Standard 54/ANSI Z223.1 National Fuel Gas Code, 2024 edition, or the most current version adopted by the Board for the Regulation of Liquified Petroleum Gas in NAC 590.610, shall apply in lieu of the International Fuel Gas Code, where applicable.

   B.   Hazardous Materials: An operational permit is required to store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed in Table 105.5.22 of the IFC. When a permit is required for hazardous materials, a properly completed Nevada Combined Agency Hazardous Material Facility Report must be completed and submitted to the Nevada State Fire Marshal.

   C.   Emergency Responder Radio Coverage System: An operational permit is required for the operation and maintenance of an emergency radio coverage system and related equipment, as specified in Section 510 of the IFC.

   D.   Institutional Group I-2: Institutional Group I-2 occupancy shall include buildings and structures used for medical care on a 24-hour basis for more than six persons who are incapable of self-preservation. All portions of a care facility which houses patients or residents, which are classified by the State Board of Health as "Category 2 resident" and which have an occupant load of more than 10 residents are an "I-2" occupancy classification. This group shall include, but not be limited to, the following:

      Foster care facilities;

      Detoxification facilities;

      Hospitals;

      Nursing homes;

      Psychiatric hospitals.

   E.   Occupational Classification Group I-4, Day Care Facilities: Institutional Group I-4 shall include buildings and structures occupied by more than six persons of any age who receive custodial care for less than 24 hours by persons other than parents or guardians, relatives by blood, marriage, or adoption, and in a place other than the home of the person cared for. This group shall include, but not be limited to, the following:

      Adult day care;

      Child day care;

      1.   Classification as Group E: A child day care facility that provides care for more than six but no more than 100 children 2 ½ years or less of age, where the rooms in which the children cared for are located on a level of exit discharge serving such rooms, and where each such child care room has an exit door directly to the exterior, shall be classified as Group E.

      2.   Within a Place of Religious Worship: Rooms and spaces within places of religious worship providing such care during religious functions shall be classified as part of the primary occupancy.

      3.   Six or Fewer Occupants Receiving Care: A facility having six or fewer persons receiving custodial care shall be classified as part of the primary occupancy.

      4.   Six or Fewer Occupants Receiving Care in a Dwelling Unit: A facility such as the above within a dwelling unit and having six or fewer persons receiving custodial care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code.

   F.   Occupancy Classification Residential Group R-1: Buildings containing sleeping units where the occupants are primarily transient in nature, including:

      Boarding houses (transient) with more than 10 occupants;

      Brothels;

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

      Hotels (transient);

      Motels (transient);

      shall be classified as Residential Group R-1 occupancy.

   G.   Outdoor Fireplaces, Fire Pits and Decorative Appliances: Outdoor fireplaces, fire pits and decorative appliances fueled by LP-gas or natural gas, used in assembly occupancies for the public display shall be equipped with an automatic timer shut off valve with a maximum time limit of 3 hours. The timing valve shall be installed a minimum of 2' from the appliance or as approved by the fire code official.

   H.   Sky Lanterns: Sky lanterns are prohibited.

   I.   Marking Of Curbs And Signage: Where required by the fire code official, curbs shall be painted red and approved signs or other approved notices or markings that include the words "NO PARKING - FIRE LANE" shall be provided every 100 feet or as required by the fire code official for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designed shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility.

   J.   Fire Flow: Fire flow requirements for buildings or portions of buildings and facilities shall be determined by an approved method. Subject to the approval of the fire code official, if the required fire flow is not available for adequate fire protection, an automatic fire sprinkler system shall be installed throughout the building or buildings. The sprinkler system must meet the requirements of the applicable NFPA standard. The provisions of this paragraph do not apply if a fire sprinkler system is otherwise required by this chapter or the codes and regulations adopted herein by reference.

   K.   Clear Space Around Hydrants: A 3 foot (914 mm) clear space shall be maintained around the circumference of fire hydrants, except as otherwise required or approved. In addition, a minimum clear space of seven and one-half feet (2286 mm) shall be maintained to both sides directly in front of the front pumper connection. A minimum of three feet (914 mm) shall also be maintained clear to the rear of any fire hydrant. These clearance requirements shall apply to any public or private property.

   L.   Required Features: The fire command center shall comply with NFPA 72 and shall contain the features numbered 1-18 in Section 508.1.6 of the IFC, together with the following additional features:

      1.   HVAC: The central control station shall be provided with heating, cooling, and ventilation (HVAC) systems that are independent of any other building system or area. HVAC for the central control station shall be connected to the emergency power system.

      2.   Lighting: Lighting shall provide adequate illumination and shall be on emergency service with additional battery backup emergency lighting.

      3.   Inside Telephone Line: A telephone connected to the premises telephone exchange shall be provided. A current premises telephone directory shall be placed next to this telephone.

      4.   Disconnect: The main switch for disconnecting the utility power and any alternate power sources shall be in the fire command center. Switches shall be covered to prevent utility power deeds and any alternate power sources before entering the building. After the switch is operated, no live electrical panels, conductors, or feeds within the premises shall remain energized excluding the emergency electrical circuits.

   M.   Emergency Responder Communications Enhancement Systems In New Buildings: Emergency responder radio coverage systems shall be provided throughout any building that meets one of the following standards:

      1.   High-Rise Buildings: Buildings with a floor, used for human occupancy that is located more than 55 feet above that lowest level above fire department vehicle access.

      2.   Underground and Below-Grade Buildings: Buildings with a floor level that is below the finished floor of the lowest level of the exit discharge of any level.

      3.   Other Buildings: The fire code official is authorized to require a technical opinion and report for buildings with a design, due to location, size, construction type or other factors, could impede radio coverage as required by Section 510.4.1 of the IFC. The report shall make recommendations regarding the need for an emergency responder radio coverage system.

   N.   Emergency Responder Communications Enhancement System in Existing Buildings: Existing buildings, other than buildings with an occupational classification of Residential Group R-3, which do not have approved radio coverage for emergency responders in the building based on existing coverage levels of the public safety communication systems, must be equipped with such coverage according to one of the following conditions:

      1.   Existing buildings that do not have approved radio coverage, as determined by the fire code official, in accordance with Section 510.4.1 of the IFC.

      2.   Where an existing wired communication system cannot be repaired or is being replaced.

      3.   Within a time frame established by the adopting authority.

      Notwithstanding the foregoing, an existing building is not required to be equipped with such coverage where the fire code official determines that the radio coverage for emergency responders is not needed.

   O.   Unwanted Fire Alarms: Unwanted fire alarms are a violation of the Elko Fire Code. When a fire alarm system is required by the Elko Fire Code, it shall be the responsibility of the property owner or owner's authorized agent to maintain the system and properly educate occupants, tenants, and/or employees in accepted behavioral practices that will minimize or eliminate false and/or nuisance alarms. This includes nuisance activations in response to predictable environmental stimuli such as but not limited to cooking fumes, smoking, and construction activities. Where unwanted alarms become repetitive, the City is authorized to charge fees or issue administrative citations to the property owner if authorized by ordinance or resolution of the City Council.

   P.   Protection Of Available Storage Height: In Group S-1 and all other storage areas, the fire sprinkler system shall be designed to protect storage up to the maximum available storage height. The minimum sprinkler density shall be equivalent to that required for a Class IV commodity pursuant to NFPA 13.

   Q.   Alarms: An approved audible and visual sprinkler water flow alarm device, located on the exterior of the building in an approved location, shall be connected to each automatic sprinkler system. Such sprinkler water flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a water flow switch is required by Section 903.4.1 of the IFC to be electrically supervised, such sprinkler water flow alarm devices shall be actuation of the automatic sprinkler system shall actuate the building fire alarm system. One interior audible and visual notification appliance shall be provided near the main entrance or in a normally occupied location. In multiple-tenant facilities, one interior audible and visual notification appliance shall be provided near the main entrance or in a normally occupied location for each tenant space. The foregoing requirements shall not apply to one- and two-family residential dwellings.

   R.   Portable Fire Extinguishers: Portable fire extinguishers shall be selected, installed, and maintained in accordance with this section and NFPA 10. The internal components of carbon, dioxide, wet chemical, halogenated agent, aqueous film-forming foam (AFFF) and film forming fluoroprotein (FFFP) portable fire extinguishers shall be examined in accordance with NFPA Standard 10, 2022 edition, Table 7.3.3.1. The internal components of all other portable fire extinguishers shall be examined annually. The foregoing shall be subject to the following exceptions:

      1.   Travel distance to reach an extinguisher shall not apply to the spectator seating portions of Group A-5 Occupancies.

      2.   Thirty-day inspections shall not be required, and maintenance shall be allowed to be once every three years annually for dry-chemical or halogenated agent portable fire extinguishers that are supervised by a listed and approved electronic monitoring device, provided that all of the following conditions are met:

         a.   Electronic monitoring shall confirm that extinguishers are properly positioned, properly charged and unobstructed.

         b.   Loss of power or circuit continuity to the electronic monitoring device shall initiate a trouble signal.

         c.   The extinguishers shall be installed inside of a building or cabinet in a noncorrosive environment.

         d.   Electronic monitoring devices and supervisory circuits shall be tested every three years annually when extinguisher maintenance is performed.

         e.   A written log of required hydrostatic test dates for extinguishers shall be maintained by the owner to verify that hydrostatic tests are conducted at the frequency required by NFPA 10.

      3.   In Group I-3, portable fire extinguishers shall be permitted to be located at staff locations.

   S.   Automatic Smoke Detection System In Group R-4: An automatic smoke detection system that activates the occupant notification system in accordance with Section 907.5 of the IFC shall be installed in corridors, waiting areas open to corridors and habitable spaces other than sleeping units and kitchens. The foregoing shall be subject to the following exceptions:

      1.   Smoke detection in habitable spaces is not required where the facility is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 of the IFC.

      2.   An automatic smoke detection system is not required in buildings that do not have interior corridors serving sleeping units and where each sleeping unit has a means of egress door opening directly to an exit or to an exterior exit access that leads directly to an exit.

   T.   Smoke Alarm Maintenance: Smoke alarms shall be tested and maintained in accordance with the manufacturer's instructions. Smoke alarms shall be replaced when they fail to respond to operability tests or when they exceed 10 years from the date of manufacture, whichever occurs first, unless an earlier replacement is specified in the manufacturer's published instructions. The provisions of this section apply when any work that requires a building permit is conducted on a new or existing building or structure.

   U.   Valve Supervision: Where provided, the fire pump suction, discharge and bypass valves and isolation valves on the backflow prevention device or assembly shall be supervised open by one of the following methods:

      1.   Central-station, proprietary or remote-station signaling service.

      2.   Local signaling service that will cause the sounding of an audible signal at a constant attended location.

   V.   Exploding Targets: Exploding targets, including binary exploding targets, are prohibited.

   W.   Liquified Petroleum Gas: Storage, handling and transportation of liquified petroleum gas (LP-gas) and the installation of LP-gas equipment pertinent to systems for such uses shall comply with this chapter and NFPA 58. Properties of LP-gases shall be determined in accordance with Appendix B of NFPA 58. In the event of a conflict between any provision in this chapter and the regulations of the Board for the Regulation of Liquified Petroleum Gas, the regulations of the Board shall control.

(Ord. 840, 6-11-2019; amd. Ord. 872, 8-23-2022; Ord. 876, 10-25- 2022; Ord. 902, 12-9-2025)

   A.   Fire Department Approval: Except as hereinafter provided, it shall be unlawful for any person to possess, store, to offer for sale, sell at retail or use or explode any fireworks within the city; provided, that the chief of the fire department shall have the power to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by a jurisdiction, fair associations, amusement parks, other organizations, or for the use of fireworks by artisans in pursuit of their trade. Every such use or display shall be handled by a competent operator approved by the chief of the fire department, and shall be of such character and so located, discharged or fired so as, in the opinion of the chief of the fire department after proper investigation, not to be hazardous to property or endanger any person.

   B.   Exceptions: Subject to subsection C of this section, nothing in this section shall be construed to prohibit the following:

      1.   The use of fireworks by railroads or other transportation agencies for signal purposes of illumination;

      2.   The sale of or use of blank cartridges for a show or theater;

      3.   The use of fireworks for signal or ceremonial purposes in athletics or sports;

      4.   The use of fireworks for use by military organizations;

      5.   The sale or use of items commonly known as "sparklers", "party poppers", "snap caps" or "snappers";

      6.   The sale or use of fireworks classified as "safe and sane" by the state of California state fire marshal, provided said fireworks must be sold in packaging which bears the California state fire marshal's seal of registration indicating said classification; or

      7.   The sale, storage, shipping or otherwise transporting of fireworks by a licensed Nevada wholesaler within the city by a properly certified motor carrier or wholesaler owner.

   C.   Nonapplicable Exceptions: With the exception of items commonly known as "sparklers", the exceptions contained in subsection B of this section do not apply to the sale or use of fireworks which are designed to be ignited through the use of an open flame and/or fuse. (Ord. 587, 6-25-2002)

   A.   Actions For Civil Penalties Or Cost Recovery: Any person who, in violation of section 6-2-1 of this chapter, knowingly causes a fire that results in a response by the fire department or any other instrumentality of the city, shall be subject to either an action for civil penalties or a cost recovery action, at the sole discretion of the city.

   B.   Action For Civil Penalties: In the event the city determines to pursue an action for civil penalties in lieu of a cost recovery action, the city shall comply with the following procedure:

      1.   Notice Of Civil Infraction; Form: A notice of civil infraction must be issued on a form prescribed by the city police department and must contain the following:

         a.   The location where the violation occurred;

         b.   The date and time of the violation;

         c.   The signature of the person who issues the notice of civil infraction;

         d.   The section of the city code which is allegedly being violated;

         e.   Information which advises of the manner in which, and the time within which, the notice of civil infraction must be answered; and

         f.   Any other information which is prescribed by the police department.

      2.   Notice Of Civil Infraction; Duties Of Respondent:

         a.   A person who responds to a notice of civil infraction must either:

            (1)   "Admit" the commission of the infraction and pay the appropriate civil fine; or

            (2)   "Deny" liability for the infraction.

         b.   A person may "admit" pursuant to subsection B2a(1) of this section by paying the civil penalty, in an amount determined by the city in accordance with this section, to the municipal court.

         c.   A person may "deny" liability pursuant to subsection B2a(2) of this section only by appearing in person before the municipal court.

   C.   Commencement Of Action To Recover Civil Penalties; Procedure: In the event a person denies liability in accordance with subsection B2a(2) of this section, the city may commence a civil action to recover the civil penalties described in this section in the municipal court by the filing of a complaint and by issuing an appropriate summons with respect thereto. Service of the complaint and summons on the defendant shall be made by certified mail, return receipt requested, addressed to the defendant at his or her last known address or in any other matter which is authorized by law, and shall thereupon be deemed complete. To the extent not inconsistent with this chapter, an action to recover civil penalties shall be governed by rules 1 and 3 through 87 of the justice court rules of procedures, except that there shall be no right of trial by jury.

   D.   Schedule Of Civil Fines: The amount of any civil penalties imposed upon a person for violating section 6-2-1 of this chapter shall be in accordance with any appropriate schedule of fees pertaining to costs incurred by the city in responding to emergencies that is adopted by city by resolution, in an amount not to exceed one thousand dollars ($1,000.00) per fire, or, in the event no such schedule of fees has been adopted by the city, the amount of the civil penalties imposed under this subsection shall be determined as follows:

      1.   For each fire not resulting in personal injuries or property damage in excess of five hundred dollars ($500.00), the civil penalty shall be five hundred dollars ($500.00).

      2.   For each fire that results in personal injuries or property damage in excess of five hundred dollars ($500.00), the civil penalty shall be one thousand dollars ($1,000.00).

   E.   Cost Recovery Action: In lieu of an action to recover civil penalties, the city may, at its sole and exclusive discretion, pursue a cost recovery action against any person determined by the city to have violated section 6-2-1 of this chapter, subject to the following:

      1.   The cost recovery action may be commenced in any court of competent jurisdiction;

      2.   The relief requested in the cost recovery action shall include all costs incurred by the city as a result of the alleged violation;

      3.   The city shall be entitled to recover from the defendant all reasonable costs incurred in relation to the city's response to the fire, together with any damages done to city property; provided, that there shall be a conclusive presumption that the amount of any such costs or damages;

      4.   If, in a cost recovery action, the court awards the city any or all of the relief requested in the city's complaint, the city shall recover from the defendant all reasonable attorney fees and costs of suit. (Ord. 587, 6-25-2002)

   A.   Punishment: In addition to any civil penalties or any other civil remedies provided in this chapter, any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be punished as provided in title 1, chapter 3 of this code.

   B.   Separate Offense: Each violation of the provisions of this chapter may be deemed as a separate offense.

   C.   Citation To Appear: The chief of the fire department and any city employee designated by the chief of the fire department for such purpose may issue citations to appear in municipal courts to persons violating this chapter; said citations shall be issued in a manner and form determined by the city.

   D.   Additional Enforcement: Subject to the requirements of those portions of chapter 477 of the Nevada administrative code pertaining to fireworks, or any other applicable statute or regulation, the chief of the fire department and any city employee designated by the chief of the fire department for such purpose may, upon encountering a violation of this chapter, seize, confiscate, photograph and destroy fireworks, whether in the possession of a person or unattended, if the sale, possession or use of the fireworks is made unlawful by this chapter. (Ord. 587, 6-25-2002)

There is hereby adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion caused from the delivery and handling of flammable liquids, the latest edition of the flammable and combustible liquids code, recommended by the National Fire Protection Association, and the whole thereof, save and except any portions as are hereinafter deleted, modified or amended, of which code not less than three (3) copies have been made and now are filed in the office of the city clerk, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the effective date hereof, the provisions thereof shall be controlling within the limits of the city. The said code is hereby adopted as the rules and regulations for the installation of containers for storing and handling flammable liquids. In the event that any of the provisions of the latest edition of the flammable and combustible liquids code conflict with any provisions of this chapter, the provisions of this chapter shall govern and be controlling. (Ord. 217, 7-9-1974)

There is hereby adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion caused from the delivery and handling of flammable liquids, the latest edition of the flammable and combustible liquid tank vehicles, recommended by the National Fire Protection Association, and the whole thereof, save and except any portions as are hereinafter deleted, modified or amended, of which regulations not less than three (3) copies have been and now are filed in the office of the city clerk, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the effective date hereof, the provisions thereof shall be controlling within the limits of the city. The said regulations are hereby adopted as the rules and regulations for the transportation and handling of flammable liquids. In the event that any of the provisions of the latest edition of the flammable and combustible liquid tank vehicles regulations conflict with any provisions of this chapter, the provisions of this chapter shall govern and be controlling. (Ord. 217, 7-9-1974)

   A.   Approval, Permit Required: Before any underground or aboveground storage tank is installed, the owner shall present to the fire chief or his designated agent at the central fire station a drawing showing the location of said tank. Upon approval by the fire chief or his designated agent, the building inspector shall issue a permit for the installation of said tank.

   B.   Inspection: The owner shall leave the installation open until inspection is made by the fire chief and building inspector or their authorized agents. (Ord. 217, 7-9-1974)

   A.   Requirements: Notwithstanding the foregoing, no person shall make delivery of any flammable or combustible liquids from a tank vehicle and trailer unless all tanks and trailers are attached to the tractor of the vehicle, and the vehicle and/or trailer attendant is within ten feet (10') of the connecting hose.

   B.   Number Limited: It shall be unlawful to unload more than one tank vehicle or trailer at one time at any service station. (Ord. 306, 4-28-1981)

No tank vehicle, empty or carrying liquids, used for transportation of flammable or combustible liquids, shall be admitted inside any building unless such building is used exclusively for the housing of such vehicles, or repairing of vehicles; and in no case shall gasoline tanks on such vehicles be cleaned in any building or near an open flame. (Ord. 217, 7-9-1974)

Any person who shall violate any provisions of the code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permits issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the city or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively be deemed guilty of a city offense punishable as provided in title 1, chapter 3 of this code. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense and punishable as such hereunder, including the recovery of all actual costs of response, isolation and mitigation of the incident, regardless of criminal conviction. (Ord. 646, 9-13-2005)

This chapter shall be known and may be cited as the CITY OF ELKO HAZARDOUS MATERIALS ORDINANCE. (Ord. 390, 7-11-1989)

As used in this chapter:

   DISCHARGE: Any spilling, pouring, leaking, emitting, pumping, emptying, discharging, escaping, injecting, dumping or disposing of any hazardous materials.

   FACILITY: A building or buildings, appurtenant structures and surrounding land area used by a person at a single location or site.

   HAZARDOUS MATERIALS: A. Any chemical, biological, radiological compound, gas, oil, gasoline lubricant, other petroleum products, substance, solution or mixture which, because of its quality, quantity, concentration, physical or infectious characteristic, or any combination thereof, when released into the environment presents or may present harmful or potentially harmful effects to human health or welfare or the environment. "Hazardous materials" shall include those hazardous substances identified by the United States environmental protection agency as listed in the latest published edition of 40 code of federal regulations and by the United States occupational safety and health administration and covered by 29 code of federal regulations and solutions in concentration greater than one percent (1%) by volume of any regulated material, unless another concentration is specifically noted. Additionally, oil and oil based derivatives as listed in 40 code of federal regulations shall be classified as "hazardous materials".

   B.   Except that radiological compounds or nuclear materials shall be regulated by this chapter subject to the limits contained in the latest published edition of 10 code of federal regulations and other applicable federal and state laws.

   PETROLEUM PRODUCT: Gasoline, oil and lubricants of any kind or in any form, including, but not limited to, virgin, used and mixtures of petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes other than dredged spoil. (Ord. 390, 7-11-1989)

It shall be unlawful for any person, in person or by his agent, employee or servant, to discharge any hazardous materials in any manner in or upon any public way or other public place, or any river, canal, public water drain, sewer, storm sewer, flood control channel, receiving basin or any other area in the city, with the following exceptions:

   A.   The discharge of any hazardous material under a permit authorized by any ordinance of the city;

   B.   A discharge which is not prohibited by or is authorized pursuant to state or federal law;

   C.   Material deposited in or conducted into the city sewer system through lawful drains in accordance with the ordinance of the city relating thereto;

   D.   Discharges which do not cause hazardous materials to leave the premises where such discharge occurred; provided, such materials are collected in secondary containment;

   E.   Application of agricultural chemicals in the ordinary course of agricultural operations;

   F.   Application of hazardous materials in the ordinary course of any treatment of property for insects, weeds or any other treatment; provided, such application is in the ordinary course of business and the person making the application has obtained any permit or license required by any law other than this chapter;

   G.   Application or use of hazardous materials only in conjunction with residential use of property;

   H.   Application or use of hazardous materials only in the manner for which such hazardous materials were intended according to manufacturer's specifications and recommendation, or application of such materials according to good industry practices. (Ord. 390, 7-11-1989)

   A.   Responsible Person: Any person who discharges, or causes or permits the discharge of, any hazardous material into the environment shall be responsible for taking cost effective remedial action to return the environment to the extent practicable to the condition and quality which existed prior to such discharge.

   B.   Action By City To Abate: In cases where the identity of a person who is responsible for the premises upon which a violation has occurred is not known at the time violation is reported, the city, pursuant to this chapter, may take reasonable steps to abate any problem and may take reasonable steps to clean up the area affected to assure continuing safety to the public and the environment. When the identity of the responsible person is determined, a bill for the cost of measures taken to correct the violation shall be sent to the person. Any such violation involving a spill or discharge of any hazardous material shall be deemed a nuisance pursuant to section 5-1-1 of this code. The expense of removal shall be a lien upon the property upon which the nuisance is located. Such lien shall:

      1.   Be perfected by filing with the county recorder a statement by the city clerk of the amount of expenses due and unpaid and describing the property subject to the lien.

      2.   Be coequal with the latest lien thereon to secure the payment of general taxes.

      3.   Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

      4.   Be prior and superior to all liens, claims, encumbrances and titles, other than the liens of assessments and general taxes. (Ord. 390, 7-11-1989)

The city manager shall appoint a person to act as hazardous materials coordinator, hereinafter referred to as the HMC, to be housed under the direction of the fire chief. The person to be appointed shall have experience in and be qualified in the area of hazardous materials management. The HMC or his specified representative shall serve as the "local on scene coordinator" for incidents involving the release of hazardous materials into the environment and shall be responsible for regulating hazardous material routes within the city. (Ord. 390, 7-11-1989)

The HMC shall review and analyze regular delivery and shipment routes of hazardous materials transported within the city and may propose regulations, not inconsistent with this chapter or any applicable state or federal law, designating traffic routes and other specific procedures for transportation of hazardous materials. (Ord. 390, 7-11-1989)

   A.   Defined: As used herein, the phrase "hazardous materials access route" shall mean any street which has been designated pursuant to this chapter for the purpose of providing vehicular access from the primary hazardous material route to locations within the city where hazardous materials are used, produced or stored.

   B.   Routes Established: Primary hazardous material routes within the city limits may be established by resolution of the city council. The initial primary hazardous material routes within the city as of the enactment of this code shall be as follows:

      1.   Eastbound and westbound through traffic shall use Interstate 80 highway.

      2.   Westbound traffic for Bullion Road shall use Interstate exit 303 to Idaho Street, Idaho Street to 13th Street, 12th Street to Silver Street, Silver Street to 5th Street, 5th Street to Wilson Street, Wilson Street on out to Bullion Road.

      3.   Northbound traffic shall use Interstate 80 exit 301, then out to Nevada State Highway S.R. 225 (Mountain City Highway).

      4.   Southbound traffic shall use Interstate exit 303 to Idaho Street, Idaho Street to 12th Street, 12th Street to Nevada State Highway 227 (Lamoille Highway) on out.

   C.   Route Request: Every person who uses, produces or stores hazardous materials at a location within the city shall request from the HMC a hazardous materials access route to and from such location, with certain conditions (if required) for such route.

   D.   Compliance Required: Every motor vehicle which displays or is required to display a hazardous materials placard, shall be operated within the city only on the primary hazardous materials route or upon a hazardous material access route established pursuant to the provisions of this chapter.

   E.   Request For Route Prior To Operation: Every operator of a motor vehicle which displays or is required to display a hazardous material placard, who does not know the primary hazardous material route of the city or the hazardous material access route to and from the location in the city from which he is coming or to which he is destined, shall request directions concerning said routes from the HMC before operating said vehicle in the city.

   F.   Form Of Request: The procedure for being assigned a hazardous materials access route is any person who uses, produces or stores hazardous materials at a location within the city, or otherwise requires a hazardous materials route within the city, shall be assigned a hazardous materials transportation route after he has submitted a request for such a route to the HMC on a form provided by the fire department.

   G.   Review Of Practices: The HMC shall review and analyze hazardous materials handling practices by all persons who handle hazardous materials to determine their potential impact on public health and the environment, and may propose regulations designating approved handling practices. (Ord. 390, 7-11-1989)

   A.   No motor vehicle which displays or is required to display a hazardous materials placard shall be operated on any street within the city unless such vehicle is coming from or destined for a location within the city.

   B.   No motor vehicle which displays or is required to display a hazardous materials placard may park within seventy five feet (75') of a nonpermitted business or within one hundred fifty feet (150') of an educational/institutional occupancy on any or all public owned right of ways or properties, or privately owned properties.

   C.   No person, agent, owner, manager or operator shall remove, cover up, alter or deface any legally required hazardous materials placard, warning or signage identified for the purpose of access to routes, access to areas of the city or for parking or storage purposes. (Ord. 646, 9-13-2005)

The following types of vehicles are exempt from the provisions of this chapter for only those periods of time necessary to complete their stated purpose:

   A.   Placarded vehicles making residential deliveries of home heating fuel.

   B.   Placarded vehicles making residential deliveries of medical supplies.

   C.   Placarded vehicles making commercial deliveries of products, supplies or commodities to legal business or commercial locations within the city. (Ord. 646, 9-13-2005)

   A.   Notification To City: Upon closure or termination of handling of hazardous materials at a registered facility, the person who owns or operates said facility shall notify the city in writing of such closure.

   B.   Federal And State Law Applicable: Nothing contained in this chapter is intended to supersede any requirement of state or federal law related to procedures for closure of facilities. The hazardous materials coordinator shall work in coordination with state and federal authorities to assure the safe closure of facilities. (Ord. 390, 7-11-1989)

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. (Ord. 390, 7-11-1989)

The purpose and intent of this chapter is to allow for the establishment of fees for certain fire department services. (Ord. 569, 6-26-2001)

The purpose and intent of this section is to reduce the number of false alarm fire signals transmitted to the fire department and thereby safeguard the life and limb, health, property and public welfare of the citizens of the city. It is further the purpose and intent of this section to establish fees for restitution for false alarms.

   A.   Definitions: For the intent and purpose of this section, the terms below shall be defined as follows:

   COMMERCIAL FIRE ALARM SYSTEM FALSE ALARM (NONMALICIOUS): An alarm that comes from a fire alarm system in a commercial structure, that is a report of the need to respond to a nonexisting emergency incident.

   COMMERCIAL FIRE ALARM SYSTEM FALSE ALARM RESTITUTION FEE: A fee assessed for false fire alarms from commercial structures.

   FALSE ALARM: Any signal, transmission, voice message, telephone call or other method of notifying the fire department of the need to respond to a nonexisting emergency incident.

   FALSE ALARM RESTITUTION: An amount recommended by the fire chief or his representative and fixed by the city council to cover the cost to the city of Elko for emergency response to false alarms transmitted by an individual. This amount does not limit any additional fines and/or penalties that may be imposed by the courts.

   RESIDENTIAL FIRE ALARM SYSTEM FALSE ALARM (NONMALICIOUS): An alarm that comes from a fire alarm system in a residential structure that is a report of the need to respond to a nonexisting emergency incident.

   RESIDENTIAL FIRE ALARM SYSTEM FALSE ALARM RESTITUTION FEE: A fee assessed for false fire alarms from residential structures.

   B.   Individual Liability For Restitution: The owner of every premises shall be liable for restitution to the fire department for false alarms transmitted from such premises by automatic alarm and individuals shall be liable for restitution to the fire department for alarms manually transmitted by whatever means.

   C.   Fire Chief Duties: The fire chief or his representative shall keep a record of all false alarms and shall bill the owner, manager or representative of properties from which false alarms originate.

   D.   Restitution; Fee Schedule: The fee for false alarm restitution shall be set by resolution of the city council. (Ord. 569, 6-26-2001)

The purpose and intent of this section is to provide a fee for other specialized fire department services provided to certain members of the general public:

   A.   Document Fees: The fee for reproduction of documents produced by the fire department shall be set by resolution of the city council.

   B.   Specialized Inspection Services: The fire department provides special inspection services to certain members of the public. The fees for these inspection services shall be set by resolution of the city council.

   C.   Special Services: The fire department provides special services to certain members of the public. The fees for these services shall be set by resolution of the city council.

   D.   Special Rescue Services: The fire department provides special response services to certain members of the public. The fees for these services shall be set by resolution of the city council.

   E.   Special Response Services: The fire department provides special response services to certain members of the public. The fees for these services shall be set by resolution of the city council.

   F.   Training Services: The fire department provides training services to certain members of the public. The fees for these services shall be set by resolution of the city council.

   G.   Permit Fees: Permits required by the IFC shall be obtained from the fire code official. Permit fees for these services shall be set by resolution of the city council. (Ord. 646, 9-13-2005)

   A.   Types Of Permits: There shall be two (2) types of permits as follows:

      1.   Operational Permit: An operational permit allows the applicant to conduct an operation or a business for which a permit is required for either:

         a.   A prescribed period; or

         b.   Until renewed or revoked.

      2.   Construction Permit: A construction permit allows the applicant to install or modify systems and equipment for which a permit is required.

   B.   Permits Required: Permits required by this code shall be obtained from the fire code official. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the fire code official.

   C.   Application: Applications for a permit required by this code shall be made to the fire code official on designated forms and detail as prescribed by the fire code official. Applications for permits shall be accompanied by such plans and permit fees as prescribed by the fire code official.

   D.   Required Operational Permits: The fire code official is authorized to require, issue and enforce operational permits for the operations set forth in the international fire code.

   E.   Required Construction Permits: A permit shall be issued for construction as required by the international fire code and as follows:

      1.   Permit To Store Hazardous Material: A permit is required to store hazardous materials in excess of the amount set forth in the international fire code. The required permit shall be issued by the state fire marshal's office and be renewed annually.

      2.   High Piled Combustible Storage Permit: A permit is required for indoor floor and/or rack storage that meet the definition of high piled combustible storage as listed in the international fire code, chapter 23.

      3.   Construction Documents: Construction documents shall be provided for work requiring a construction permit in conformance with the following:

         a.   A minimum of three (3) sets of wet stamped plans shall be provided with related manufacturer specifications and calculations as required by the fire code official. Additional sets may be required at the request of the fire code official or the city of Elko building department.

         b.   Fire alarm construction documents shall bear a NICET level II or greater stamp and shall be wet signed in accordance with NAC 477 and the 2007 NFPA 72.

         c.   Constructions documents shall meet the requirements of the adopted international fire code, chapter 1.

         d.   Construction documents shall be provided for high piled combustible storage applications. Construction drawings shall meet the requirements of the adopted international fire code, chapter 23. (Ord. 734, 5-10-2011)

For the intent and purpose of this chapter, the terms below shall be defined as follows:

   ASSEMBLY BUILDING: A building or portion of a building used for the gathering together of fifty (50) or more persons for such purposes as deliberation, education, instruction, worship, entertainment, amusement, drinking or dining, or awaiting transportation.

   ASSEMBLY GROUP OCCUPANCY: Any event at which fifty (50) or more persons are gathered inside any assembly building for which an organized performance, show or event shall take place.

   OCCUPANT LOAD: The maximum number of patrons, guests, employees or participants allowed by the uniform fire code and/or uniform building code for the type of building, use or event. (Ord. 602, 6-10-2003)

   A.   Requirements: In any assembly group occupancy held in a building or portion of a building having an assembly room with an occupant load of three hundred (300) or more, or in any assembly group occupancy in which actual occupant load is estimated to be at least ninety percent (90%) of the maximum occupant load, an audible announcement shall be made not more than ten (10) minutes prior to the start of each program notifying each and every occupant of the location of all exits to be used in the event of a fire or any other type of emergency. All such exits shall be clearly marked and lighted where appropriate. This announcement shall also include how occupants will be notified in the event of a fire or any other type of emergency and what to do in the event of a fire or any other type of emergency. In situations where lights are dimmed for a performance, house lights shall be turned on during the announcement.

   B.   Exemptions: The following buildings or structures are exempted from the requirements of this section:

      1.   Any building or structure, or portion thereof, used for worship or religious gatherings.

      2.   Any building or structure, or portion thereof, used for activities or events sanctioned by the Elko County school district. (Ord. 602, 6-10-2003)

No event shall be held within an assembly occupancy that utilizes, ignites, explodes, discharges or otherwise incorporates into the show or performance any ignition devices, pyrotechnics, open flame or incendiary products without written permission, by permit, from the fire department. Such permit shall require the following:

   A.   Completion of a written safety plan, including separation distance, combustible fuels/material rating verification and emergency evacuation procedures.

   B.   A requirement that fire department personnel be on hand during the display.

   C.   Any fees set pursuant to chapter 5 of this title. (Ord. 602, 6-10-2003)

   A.   Specified: It is the owner's, manager's or the facility caretaker's responsibility to adhere to all provisions set forth in this chapter.

   B.   Exceeding Limit Prohibited: No owner, manager or facility caretaker shall knowingly, willingly or intentionally exceed the legal occupancy load of the assembly building or lock, block, disguise or otherwise alter in any way, any exit, hallway, corridor, exit doors or door assemblies when the building is occupied or open to the public.

   C.   Display Required: The legal determined occupant load of each assembly occupancy shall be clearly displayed pursuant to the uniform fire code. (Ord. 602, 6-10-2003)