Turtle Mountain Law Library
Turtle Mountain Band of Chippewa Indians Tribal Code.

50.07.100 Handling of Storage of Combustible Materials

(a) Handling. Any person making, using, storing or having under their control any flammable or combustible materials shall, at the close of each day, cause all material which is not compactly baled and stacked in an orderly manner to be removed from the building or stored in a single portable metal bin of a size for one day's supply; in metal- lined, covered portable receptacles or bins; or in a hazard enclosure.

(b) Inside Storage.

(1) Combustible storage in buildings shall be orderly, shall be more than 2 feet from the ceiling, and shall be so located as not to endanger exit from the building.

(2) A minimum of 18 inches clearance shall be maintained between the top of storage and ceiling sprinkler deflectors.

(3) Combustibles shall not be stored in boiler, mechanical or electrical equipment rooms (UFC1103.3.2.4).

(4) The clearance between stored materials and unit heaters, radiant space heaters, duct furnaces, and flues shall not be less than three feet (3 ft.) in all directions. (NFPA 1: 20.15.7.2.4).

(5) Clearance shall be maintained to lights or light fixtures to prevent ignition (NFPA 1: 20.15.7.2.5).

(6) Flammable and combustible materials shall not be stored in refrigeration machinery rooms (NFPA 1: 53.10.8.2).

(7) Combustible materials shall not be stored in enclosed usable space within fire exit enclosures, including under stairs, unless separated by the same fire rating as the fire exit enclosure (NFPA 1: 14.6.3).

(c) Outside Storage.

(1) Outside storage shall be so located as not to constitute a hazard to adjacent buildings or property and shall be compact and orderly.

(2) Combustible material shall not be stored beneath a building or structure unless specifically constructed or protected for this purpose (NFPA 1: 10.17.4).

(d) Dumpsters and Refuse Containers (NFPA 1: 19.2.1):

(1) Trash dumpsters and trash containers of 1.5 yd³ or more shall not be stored inside buildings or structures, unless the area is protected by an approved automatic sprinkler system and the area enclosed with a fire resistance rating of at least 1 hour.

(2) Dumpsters and large trash containers (1.5 yd³ or more) shall not be placed within ten feet (10 ft.) of any wooden buildings, combustible walls, combustible eaves, or any doorway, window, or other building opening through which a dumpster fire could extend into the building or structure (NFPA 1: 19.2.1.4).

(3) Dumpsters shall be regularly serviced (emptied) such that the container is not overflowing with trash, thereby creating a health and fire hazard.

(4) Dumpster sites shall be kept clear, for at least ten feet (10 ft.) in all directions, of tall grass, weedy undergrowth, shrubbery, or other flammable debris that could cause a dumpster fire to extend to nearby structures or neighboring properties.

(5) It shall be prohibited for any person to burn or cause to be burned any refuse or material within a trash dumpster, large trash container, or plastic recycling container within fifty feet of any residence, public building, Tribal facility, or in such a manner as to endanger lives or property. Such person starting, or causing to be started the fire, shall be appropriately charged as per Title 26, Chapter 26.20Fire Laws and Penalties.

NOTE - Justification: A dumpster fire that was maliciously ignited about 2 am, against a wooden wall of a motel in Fort Smith, MT, spread throughout the motel and spread into the nearby grocery store and fishing tackle store. The fire was fought by three fire departments with no usable fire hydrants in the area. Three elderly tourists staying at the motel died in the fire. ATF was called in to investigate.

(e) Burning Debris. Burning debris shall not be dumped at a waste disposal site or upon any property, except at a remote landfill site specifically for that purpose where fire extinguishing can be accomplished before compacting, covering or other disposal activity is carried out (NFPA 1: 19.1.5).

(f) Transporting Burning Debris. Transporting burning waste or refuse shall be prohibited. (NFPA 1: 19.1.8.2).