3401 FIRE PREVENTION CODE INFRACTIONS

The following abbreviations apply to this section: IFC- International Fire Code

3401.1 Violations of any of the following provisions of the Fire Prevention Code shall be a Class 1 Infraction:

1. (a) 12H DCMR § F-102.3 (change in occupancy that will subject the structure to special provisions of the Fire Prevention Code or Building Code without approval of the code official);
2. (b) 12H DCMR § F-107.1 (failure to obtain and maintain required permits on the premises, including operational or installation permits as described by 12H DCMR §§ F-107.9 and 107.10);
3. (c) 12H DCMR § F-109.7 (obstructing operations of the Fire Department in connection with extinguishment or control of any fire, or action relating to other emergencies);
4. (d) 12H DCMR § F-110.1 (failure to remedy dangerous conditions or remove hazardous materials);
5. (e) 12H DCMR § F-110.1(1) (failure to remedy hazardous conditions liable to cause or contribute to the spread of fire in, or on, the premises, building or structure, or endangering life or property);
6. (f) 12H DCMR § F-110.1(8) (failure to remedy hazardous conditions arising from defective or improperly installed equipment for handling or using combustible, explosive or otherwise hazardous materials);
7. (g) 12H DCMR § F-110.2 (failure to maintain, on a structure, premises, or lot, the fire protection equipment, systems or devices, means of egress or safeguards required by Fire Prevention Code);
8. (h) 12H DCMR § F-110.3 (failure to remedy unsafe conditions in a existing structure or vacant structure, or a deficiency in a means of egress);
9. (i) 12H DCMR § F-111.2 (refusal to leave, or interference with the evacuation of other occupants or continuance of any operation after receiving an evacuation order);
10. (j) 12H DCMR § F-112.2 (failure to comply with a notice of violation issued by the code official);
11. (k) IFC § 311.2.1 (failure to secure exterior and interior openings of vacant premises);
12. (l) 12H DCMR § F-603.4 (failure to prohibit the use of portable unvented heaters or fuel fired heating equipment in use Group A, E, I, R-1, R-2, R-3 and R-4);
13. (m) 12H DCMR § F-604.1 (failure to maintain and inspect emergency and standby systems in accordance with ICC Electric Code, NFPA 110 and NFPA 111);
14. (n) 12H DCMR F-904.1 (failure to inspect, test and maintain automatic fire-extinguishing systems (except sprinkler systems) in accordance with the International Fire Code and the applicable referenced standards);
15. (o) 12H DCMR § F-1011.5 (failure to post occupant load);

(p) 12H DCMR § F-1011.6 (permitting overcrowding or admitting persons beyond the established occupant load); or

(q) 12H DCMR § F-3309.1.1 (engaging in the manufacturing, possession, storage, display, sale, setting off, or discharge of prohibited fireworks).

3401.2 Violations of any of the following provisions of the Fire Prevention Code shall be a Class 2 infraction:

(a) 12H DCMR § F-307.5 (operating charcoal burners and other open-flame cooking devices on a balcony or within 10 feet of combustible construction);

(b) 12H DCMR § F-308.3 (failure to obtain a permit for open flame use in an educational or assembly occupancy);

(c) 12H DCMR § F-314.5.1 (failure to provide a fire prevention attendant in a temporary exhibit of an unsprinklered building);

(d) IFC § 404.2 (failure to prepare and maintain a fire safety and evacuation plan in accordance with this section);

(e) IFC § 405.5 (failure to maintain emergency evacuation drill records);

(f) IFC § 406.3 (failure to ensure employees are provided with fire prevention, evacuation and fire safety training);

(g) IFC § 505.1 (failure to provide approved, legible and visible building address or identification);

(h) IFC § 508.5.4 (obstructing fire hydrants, department connections or other fire protection system control valves);

(i) 12H DCMR § F-907.3.1.5.2 (failure to install approved single-station smoke alarms in existing dwelling units, congregate residences, and hotel and lodging house guestrooms); or

(j) 12H DCMR § F-1012.1 (failure to maintain emergency escape windows operational).

3401.3 Violation of any of the following provisions of the Fire Prevention Code shall be a Class 3 infraction:

(a) IFC § 605.3 (failure to provide and maintain required clearance in front of electrical service equipment);

(b) IFC § 803.1.3 (obstruction of egress or exit access visibility by placement furnishings or other objects);

(c) IFC § 906.1 (failure to provide portable fire extinguishers in required occupancies and locations); or

(d) 12H DCMR § F-1012.2 (failure to ensure security bars, grilles and screens over emergency escape windows are releasable or removable from the inside without use of a key or tool).

3401.4 Violation of any the following provisions of the Fire Prevention Code shall be a Class 4

infraction:

(a) IFC 304.1 (failure to prohibit the accumulation of prohibited waste);

(b) IFC 310.4 (removing, obscuring, defacing, mutilating or destroying "No Smoking" signs);

(c) IFC 803.3.2 (failure to limit artwork and teaching material to not more than 20 percent on walls of corridors in educational occupancies);

(e) IFC 804.1.1 (failure to prohibit display of natural cut trees in certain occupancies); or

(f) 12H DCMR F-1013.1 (failure to provide stair identification of interior and exterior doors connecting more than three stories).

3401.5 Violation of any provision of the Fire Prevention Code not otherwise listed in this section shall be a Class 5 infraction.

SOURCE: Final Rulemaking published at 52 DCR 4956 (May 27, 2005).