Title 50 Government Organizations

Chapter 50.01 Office of Tribal Prosecutor

50.01.010 Creation of the Tribal Prosecutor's Office of the Turtle Mountain Band of Chippewa Indians

The Turtle Mountain Band of Chippewa hereby creates the Prosecutor's Office for the Turtle Mountain Band of Chippewa Indians.

50.01.020 Authority

(a) The Turtle Mountain Band of Chippewa Indians Constitution specifically delegates law creations authority to the Tribal Council in Article IX, Section 5; and

(b) The Turtle Mountain Band of Chippewa Indians Constitution creates a Court with all necessary jurisdiction to address the health, safety, and welfare of the Territory of the Tribe; and

(c) The Turtle Mountain Band of Chippewa Indians exercises criminal and prohibitory regulatory jurisdiction over the People of the Tribe; and

(d) The Turtle Mountain Band of Chippewa Indians authorized the creation of the Tribal Law Enforcement Act; and

(e) In furtherance of such Act, the Tribe deems it necessary to create the Office of the Tribal Prosecutor's Office to execute the laws of the Tribe and to ensure the health, safety, and welfare of the People of the Tribe to be secure in their persons and property.

50.01.030 Purpose and Intent

The Purpose and Intent of this law is to provide uniform expectations, duties, and responsibilities for the Tribal Prosecutor's Office to orderly execute justice within the Territory and Jurisdiction of the Tribe.

50.01.040 Duties of the Tribal Prosecutor's Office

The Tribal Prosecutor shall:

(a) Attend the court and conduct on behalf of the Tribe all prosecutions for public offenses in accordance with the various Titles of the Turtle Mountain Tribal Code creating criminal and civil offenses;

(b) Institute proceedings before Judges and Magistrates for the arrest of persons charged with or reasonably suspected of public offenses when the Prosecutor's Office has information that such offenses have been committed;

(c) Attend court in cases of arrests when required by the Court in cases of assault and battery and theft as authorized by Tribal Law;

(d) Attend before, and give advice to, the grand jury whenever cases are presented to it for consideration.

(e) Draw all complaints, indictments and information;

(f) Prosecute all bonds forfeited in the courts of record of the Tribe and prosecute all

actions for the recovery of debts, fines, penalties, and forfeitures accruing to the Tribe for crimes and forfeitures of the criminal court;

(g) Receive cost and pay costs on behalf of the Prosecutor's Office;

(h) Deliver duplicate receipts for money or property received in the Prosecutor's Office official capacity and file copies thereof with the Finance Office of the Tribe and pay over such monies received;

(i) Keep a register of all official business in which must be entered a note of each action, whether civil or criminal, prosecuted officially, and of the proceedings therein;

(j) Commence and file civil forfeiture actions in furtherance of the Forfeiture Act of 2017;

(k) Institute an action in the name of the Tribe to recover any bond or bail which has been forfeited by the Court;

(l) Executed destruction of evidence orders upon completion of such cases associated with the evidence;

(m) Executed receipt of monies received by Law Enforcement in matter involving monetary or chattel;

(n) Assist in the drafting of any necessary warrants for evidence and arrest;

(o) Review proposed charges and issue declination of charging decisions when necessary and proper to serve the interests of justice;

(p) Maintain logs and records associated with criminal and civil records in furtherance of the Public Records Act of 2018;

(q) Draft necessary pleadings and motions in furtherance of the execution of this title; and

(r) Protect the evidence and secrecy of matters in conformance with to the Public Records Act of 2018.

50.01.050 Necessary Staff

The Tribe shall hire the necessary staff to effectuate this title, so that the Prosecutor's Office is effective and efficient in its responsibilities.

50.01.060 Requirement of Special Prosecutors

There shall be from time to time the requirement to hire special prosecutors to serve the justice interests of the Tribe in light of the Rules of Advocacy and Rules of Professional Responsibility adopted by the Judicial Board, the Court, or the Supreme Courts of the bars of the individual's entrusted with execution of this Code.

50.01.070 Budgeting of Funds

The Turtle Mountain Band of Chippewa shall budget the necessary funds to execute this title.

50.01.080 Repeal

To the extent that they are inconsistent with this ordinance, all prior Tribal titles, codes, ordinances, and resolutions are hereby repealed.

50.01.090 Effective Date

This title shall take effect immediately.

50.01.100 Severability

If any provision of this title is ruled unconstitutional, it shall be severed from the remainder of the Title, and the remaining provisions shall stand without the unconstitutional provision.

Chapter 50.02 Office of Human Resources

50.02.010 Authority

Article IX, Sections (a)(2-6) of the Turtle Mountain Band of Chippewa Indians Constitution ("Constitution") grants the Tribal Council the power to make laws, including codes, ordinances, resolutions, and statutes.

50.02.020 Purpose

The Tribal Council establishes and organizes a Department of Human Resources.

50.02.030 Mission

The Department of Human Resources shall administer timely, equitable, and high- quality human resource services to the Tribe and its employees. In doing so, the Department shall safeguard the interests of the Tribe, enhance the sovereignty of the Tribe, and exercise stewardship over those resources committed to it by the Tribe and foreign jurisdictions.

50.02.040 Functions

The Department of Human Resources shall:

(a) Manage the implementation of Human Resources codes and regulations.

(b) Ensure adherence to consistent policies and procedures.

(d) Develop and conduct new employee orientation training to ensure familiarity with Human Resources policies and procedures.

(e) Development necessary forms for administration.

(f) Development necessary training and direct that necessary training occur to enhance the quality of the workforce and the Department.

(g) Perform necessary background checks as mandated by policy, tribal, state, or federal law for the position.

(h) Direct investigations as necessary to complete its mission.

(i) Supervise the Employment Assistance Program.

(j) Supervise the Employee Drug Testing Program

(k) Ensure compliance with appropriate federal laws.

(l) Maintain records of the department in accordance with the Public Records Act of 2018 and the Privacy Act of 1974.

50.02.050 Internal Organization

(a) The Department of Human Resources shall consist of a Manager and such divisions, branches, and offices necessary for the execution of its mission, performance of its mandated functions, and to achieve its annual goals and objectives.

(b) The Department shall employ staff professionals, support Human Resources, and/or contract with professional service firms as the Manager shall determine consistent with the Tribe's Finance Manual, other laws of the Tribe, and the legislative approved budgetary authority.

(c) The Department shall maintain a current Organizational Chart. The Organizational Chart shall accompany its annual budget submission and any budget modifications during the fiscal year.

50.02.060 Manager of the Human Resources Department

(a) The HR Director shall be hired and confirmed by the Tribal Council through resolution.

(b) The HR Director shall be a full-time employee and paid compensation commensurate with his or her skills, education, experience, and responsibilities and within the standards of compensation established by the Tribal Council.

50.02.070 Annual Report to the Tribe

The Department of Human Resources shall submit through the President to the Tribal Council a final written annual report within thirty (30) days of the end of each fiscal year. It will report on the activities of the Department, achievement of the goals and objectives for the previous fiscal year, and the impact, if any, of fiscal constraints on its current goals and objectives.

50.02.080 Strategic Planning and Reporting

(a) The Manager of the Department of Human Resources shall be responsible for creating a Departmental Strategic Plan. This strategic plan shall at a minimum consist of the Departmental Mission Statement, goals of the Department in support of that mission, the actions necessary to achieve those goals, and a timeline to regularly review and update the strategic plan as necessary. The plan will be presented to Tribal Council upon completion.

(b) On a semi-annual basis, with (1) October for the first semi-annual review (October-November); and (2) March for the second semi-annual review (March-April), the Manager shall provide an update on progress made towards annual goals and objectives as defined in the Departmental Strategic Plan, as well as the goals and objectives stated in the annual budget.

(c) The Manager will conduct an annual review of the Departmental Strategic Plan, and make updates or revisions based on the department's achievement, or lack of progress, regarding the completion and fulfillment of the department's strategic goals and objectives for the previous fiscal year. The updated Departmental Strategic Plan shall be presented to the Tribal Council Annually.

(d) Periodic Reviews of Departmental Strategic Plans, as requested by the Tribal Council, shall be presented to the Tribal Council upon completion.

50.02.090 Budgeting of Funds

The Turtle Mountain Band of Chippewa shall budget the necessary funds to execute this title.

50.02.100 Repeal

To the extent that they are inconsistent with this ordinance, all prior Tribal titles, codes, ordinances, and resolutions are hereby repealed.

50.02.110 Effective Date

This title shall take effect immediately.

50.02.120 Severability

If any provision of this title is ruled unconstitutional, it shall be severed from the remainder of the Title, and the remaining provisions shall stand without the unconstitutional provision.

Chapter 50.03 Early Childhood Services

50.03.010 Creation

The Turtle Mountain Band of Chippewa Indians hereby creates the Department of Early Childhood Services.

50.03.020 Authority

50.03.030 Purpose and Intent

(a) The purpose of this chapter is to assure that children receiving early childhood services be provided food, shelter, safety, comfort, supervision, and learning experiences commensurate to their age and capabilities, so as to safeguard the health, safety, and development of those children; and

(b) The intent is to create the Department of Early Childhood Services to ensure that the children of the Tribe are protected, receiving adequate education, food, shelter, and childcare.

50.03.040 Definitions

As used in this chapter, unless the context or subject matter otherwise requires:

(a) "Authorized agent" means the county social service board, unless another entity is designated by the department.

(b) "Child care center" means an early childhood program licensed to provide early childhood services to nineteen or more children.

(d) "Drop-in care" means the care of children on a one-time, occasional, or unscheduled basis to meet the short-term needs of families.

(e) "Early childhood program" means any program licensed under this chapter where early childhood services are provided for at least two hours a day for three or more days a week.

(f) "Early childhood services" means the care, supervision, education, or guidance of a child or children, which is provided in exchange for money, goods, or other services. Early childhood services does not include:

(1) Substitute parental child care;

(2) Child care provided in any educational facility, whether public or private, in grade one or above;

(3) Child care provided in a kindergarten which has been established pursuant to the Public School System or a nonpublic elementary school program approved by law;

(4) Child care, preschool, and prekindergarten services provided to children under six years of age in any educational facility through a program approved by the superintendent;

(5) Summer resident or day camps for children which serve no children under six years of age for more than two weeks;

(6) Sporting events, practices for sporting events, or sporting or physical activities conducted under the supervision of an adult;

(7) Head start and early head start programs that are federally funded and meet federal head start performance standards; and

(8) Child care provided in a medical facility by medical personnel to children who are ill.

(g) "Family child care" means a private residence licensed to provide early childhood services for no more than seven children at any one time, except that the term includes a residence licensed to provide early childhood services to two additional school-age children.

(h) "Group child care" means a child care program licensed to provide early childhood services for thirty or fewer children.

(i) "Household member" means an adult living in the private residence out of which a program is operated, regardless of whether the adult is living there permanently or temporarily.

(j) "In-home provider" means any person who provides early childhood services to children in the children's home.

(k) "Licensed" means an early childhood program has the rights, authority, or permission granted by the department to operate and provide early childhood services.

(l) "Multiple licensed program" means an early childhood program licensed to provide more than one type of early childhood services.

(m) "Owner" or "operator" means the person who has legal responsibility for the early childhood program and premises.

(n) "Parent" means an individual with the legal relationship of father or mother to a child or an individual who legally stands in place of a father or mother, including a legal guardian or custodian.

(o) "Premises" means the indoor and outdoor areas approved for providing early childhood services.

(p) "Preschool" means a program licensed to offer early childhood services, which follows a preschool curriculum and course of study designed primarily to enhance the educational development of the children enrolled and which serves no child for more than three hours per day.

(q) "Public approval" means a non-licensed early childhood program operated by a government entity that has self-certified that the program complies with this chapter.

(r) "Registrant" means the holder of an in-home provider registration document issued by the department in accordance with this chapter.

(s) "Registration" means the process whereby the department maintains a record of all in-home providers who have stated that they have complied or will comply with the prescribed standards and adopted rules.

(t) "Registration document" means a written instrument issued by the department to publicly document that the registrant has complied with this chapter and the applicable rules and standards as prescribed by the department.

(u) "School-age child care" means a child care program licensed to provide early childhood services on a regular basis for nineteen or more children aged five years through eleven years.

(v) "School-age children" means children served under this chapter who are at least five years but less than twelve years of age.

(w) "Staff member" means an individual:

(1) Who is an employee of an early childhood program or of an early childhood service; or

(2) Whose activities involve the care, supervision, or guidance of children for or unsupervised access to children under the care, supervision, or guidance of an early childhood program or early childhood services.

50.03.050 Number of Children in Program - How Determined

For the purpose of determining the number of children receiving early childhood services, all children present on the premises and under the age of twelve years must be counted. All children present are protected by this chapter regardless of whether money is received or goods or other services are received for their care.

50.03.060 Smoking Prohibited on Premises Where Early Childhood Services Are Provided

Smoking is not permitted on the premises where early childhood services are provided. A person providing early childhood services as a registrant is considered a child care facility subject to licensure by the department.

50.03.070 Early Childhood Services Providers - Training on Infant Safe Sleep Practices

The department shall adopt rules to require an early childhood service provider and the provider's staff members who are responsible for the care or teaching of children under the age of one to annually complete a department approved sudden infant death syndrome prevention training course.

50.03.080 Operation of Early Childhood Services Program - License Required

(a) A license for family child care is required if early childhood services are provided for four or more children ages twenty-four months and under, or six or seven children through age eleven at any one time which includes no more than three children under twenty-four months of age.

(b) A license for group child care is required if early childhood services are provided for at least eight and no more than thirty children at any one time.

(c) A license for a child care center is required if early childhood services are provided for more than thirty children at any one time.

(d) Except as provided under subsection (e), a person may not establish or operate a family child care, group child care, preschool, school-age child care, or child care center unless licensed to do so by the department.

(e) A governmental organization may not establish or operate a family child care, group child care, preschool, school-age child care, or child care center without first receiving public approval by certifying, to the department or the department's authorized agent, that it has complied with all rules applicable to family child care, group child care, preschool, or school-age child care, or to child care centers.

(f) A license is not required for onsite child care services located in the actual building in which the child's parent is employed, not to exceed ten children per location.

(g) An applicant for a license shall submit the cost for background checks to obtain a license to the program which includes but is not limited to the tribal background check, the federal NCIC check, child welfare background check with any state or tribal area in which the provider has ever resided.

(h) An applicant for a license who currently holds a license shall submit the nonrefundable fees set forth in subsection (g) with the application at least sixty days and no more than ninety days before the expiration date of the applicant's current license.

(i) All fees collected under subsections (g) and (h) must be paid to the department or the department's authorized agent and must be used to defray the cost, to the department or the department's authorized agent, of investigating, inspecting, and evaluating the applications or to provide training to providers of early childhood services.

50.03.090 Application for License - Prerequisites for Issuance - License Granted – Term

(a) An application for operation of an early childhood program must be made on forms provided, in the manner prescribed, by the department. The department or the department's authorized agent shall investigate the applicant's activities and proposed standards of care and shall make an inspection of all premises to be used by the early childhood program applying for a license. The applicant for a license and the staff members, and, if the application is for a program that will be located in a private residence, every individual living in that residence must be investigated in accordance with the rules adopted by the department to determine whether any of them has a criminal record or has had a finding of services required for child abuse or neglect filed against them. The department may use the findings of the investigation to determine licensure. Except as otherwise provided, the department shall grant a license for the operation of an early childhood program within thirty days of receipt of a completed application and all supporting documents by the department and upon a showing:

(1) The premises to be used are in fit and sanitary condition, are properly equipped to provide for the health and safety for all children, and are maintained according to rules adopted by the department;

(2) Staff members are qualified to fulfill the duties required of them according to the provisions of this chapter and standards prescribed for their qualifications by the rules of the department;

(3) The application and supporting documents do not include any fraudulent or untrue representations;

(4) The owner, operator, or applicant has not had a previous license denied or revoked within the twelve months before the date of the current application;

(5) The owner, operator, or applicant has not had three or more previous licenses denied or revoked. The most recent revocation or denial may not have occurred within the five years immediately preceding the application date;

(6) The program paid its license fees and any penalties and sanctions assessed against the program as required by law;

(7) The family child care owner or operator and staff members have received training and are currently certified in infant and pediatric cardiopulmonary resuscitation and the use of an automated external defibrillator by the American heart association, American red cross, or other similar cardiopulmonary resuscitation and automated external defibrillator training programs that are approved by the department, and are currently certified in first aid by a program approved by the department; and

(8) The group child care, preschool, school-age child care, or child care center, at all times during which early childhood services are provided, staff members have received training and are currently certified in infant and pediatric cardiopulmonary resuscitation and the use of an automated external defibrillator by the American Heart Association, American Red Cross, or other similar cardiopulmonary resuscitation and automated external defibrillator training programs that are approved by the department, and currently certified in first aid by a program approved by the department.

(b) The license issued to the owner or operator of an early childhood program may not be effective for longer than two years.

(c) The department may consider the applicant's past licensing and registration history in determining whether to issue a license.

(d) The department may issue a provisional or restricted license in accordance with the rules of the department.

(e) The department shall notify the owner or operator that the owner or operator is required to post a notice of late application at the early childhood program premises if the department has not received a completed application and all supporting documents for licensure renewal at least thirty days before the expiration date of the early childhood program's license.

50.03.100 In-Home Provider - Registration Voluntary - Prerequisites for Approval - Issuance of Registration Document – Term

(a) An in-home provider may apply for a registration document from the department.

(b) The department or the department's authorized agent shall determine whether the applicant meets the standards and shall issue or deny a registration document based upon that determination.

(d) The application and supporting documents may not include any fraudulent or untrue representations.

(e) The department may consider the early childhood services history of the applicant in determining issuance of a registration document.

(f) The department may investigate an applicant according to rules adopted by the department to determine whether the applicant has a criminal record or has been the subject of a finding of services required for child abuse and neglect.

(g) The department may issue a provisional in-home provider registration document in accordance with the rules of the department.

50.03.110 Conviction Shall Not Bar Licensure or Registration – Exceptions

Conviction of an offense does not disqualify an individual from licensure or registration under this chapter unless the department determines:

(a) The offense has a direct bearing upon the individual's ability to serve the public as the owner or operator of an early childhood program or an in-home provider; or

(b) Following conviction of any offense, the individual is not sufficiently rehabilitated under section; or

(c) It is prohibited pursuant to 25 U.S.C. § 3207 and regulations promulgated pursuant to such law, including but not limited to 45 C.F.R. § 98 and its successor.

50.03.120 Background Investigations – Fees

(a) Upon a determination by the department a criminal history record check is appropriate, the following individuals shall submit to a providing fingerprints to an appropriately trained agency of the Tribe:

(1) A provider holding or an applicant for early childhood services licensure or in-home provider registration;

(2) Emergency designees and staff members of providers holding and applicants for early childhood services licensure or in-home provider registration; and

(3) Household members of a residence out of which early childhood services are provided.

(b) The individual shall request the agency to submit the fingerprints and a completed fingerprint card for each set to the division of children and family services of the of the Tribe or prior areas of residency, State or Tribe to the department's authorized agent.

(c) If the division has no record of a determination of services required for child abuse or neglect, the division shall submit the fingerprints to the National Crime Information Center U.S. Department of Justice ("NCIC" and "DOJ") or the State of North Dakota Bureau of Criminal Investigation to determine if there is any criminal history record information regarding the applicant, household members, or staff members in accordance with 25 U.S.C. §3207 and 45 C.F.R. part 98.

(d) The results of the investigations must be forwarded to the department's authorized agent.

(e) The division may charge a fee not to exceed thirty dollars for the purpose of processing the application.

(f) The department shall pay a fee to the Finance Department of the Tribe who direct pays the NCIC DOJ.

(g) An agency that takes fingerprints as provided under this section may charge a reasonable fee to offset the costs of the fingerprinting.

(h) The department may use background investigation findings to determine approval, denial, or revocation of an early childhood services license or in-home registration.

(i) Any individual who is providing early childhood services solely for the provider's own children, grandchildren, nieces, nephews, and cousins as an in-home provider may not be required to submit to a criminal history record check.

(j) A criminal history record check conducted under this section and Title is valid for two years, after which the department shall require another criminal history record check.

50.03.130 Investigation of Applicant, Licensee or Registration Document, and Staff Members - Inspection of Programs and Premises - Maintenance of Records - Confidentiality of Records

(a) The department or its authorized agent at any time may investigate and inspect an early childhood program or registration document and the conditions of their premises, the qualifications of a provider of early childhood services, of current and prospective staff members, of any in-home provider or applicant seeking or holding a license or registration document under this chapter.

(b) Upon request of the department or its authorized agent, the state department of health or the state fire marshal, or the fire marshal's designee, shall inspect the premises for which a license is applied or issued and shall report the findings to the department or the department's authorized agent.

(1) Maintain records as the department prescribes regarding each child in the licensee's, holder's, or registrant's care and control, and shall report to the department or the department's authorized agent, when requested, upon forms furnished by the department, facts the department may require with reference to each child;

(2) Admit for inspection the department or the department's authorized agent and open for examination all records, books, and reports; and

(3) Notify the parent of each child receiving early childhood services and all staff members of the process for reporting a complaint or a suspected licensing violation.

(d) Except as provided in subsection (e), all records and information maintained with respect to any child receiving early childhood services are confidential and must be properly safeguarded and may not be disclosed except:

(1) In a judicial proceeding;

(2) To officers of the law or other legally constituted boards or agencies; or

(3) To persons having a definite interest in the well-being of the child concerned and who, in the judgment of the department, are in a position to serve the child's interests should that be necessary.

(e) A provider of early childhood services, upon the request of the parent of a child for whom the provider provides such services, shall make available to the parent a list of the names, telephone numbers, and addresses of the parents of children for whom early childhood services are provided. The list may include only the names, telephone numbers, electronic mail addresses, and addresses of parents who grant the provider permission to disclose that information.

(f) The following information for early childhood services licensees, in-home providers, staff members, and adults residing in a home out of which early childhood services are provided is not confidential:

(1) Name;

(2) Address;

(3) Telephone number; and

(4) Electronic mail address.

50.03.140 Notice

After each inspection or re-inspection, the department or the department's authorized agent, by certified mail, shall send copies of any correction order or notice of noncompliance, to the early childhood program.

50.03.150 Correction Orders

(a) If the department or the department's authorized agent finds, upon inspection, that the program or premises licensed are not in compliance with this chapter or the rules adopted under this chapter, the department or the department's authorized agent shall issue a correction order to the licensee, may withhold payment, provided the department does not revoke the license as a result of the noncompliance.

(1) The correction order must cite the specific law or rule violated, state the factual basis of the violation, state the suggested method of correction, and specify the time allowed for correction.

(2) The correction order must also specify the amount of any fiscal sanction, if any, to be assessed if the program fails to comply with the correction order in a timely fashion.

(b) Within five business days of the receipt of the correction order, the licensee of the early childhood program shall notify the parent of each child receiving early childhood services that a correction order has been issued.

(c) In addition to providing notice to the parent of each child, the licensee shall post the correction order in a conspicuous location upon the early childhood premises until the violation has been corrected or for five days, whichever is longer.

50.03.160 Re-Inspections

(a) The department or the department's authorized agent shall re-inspect an early childhood program issued a correction order.

(b) If, upon re-inspection, the department determines that the program has not corrected a violation identified in the correction order, the department shall mail to the program, by certified mail, a notice of noncompliance with the correction order.

50.03.170 Suspension of License or Registration Document - Investigation upon a Report of Child Abuse or Neglect - Notification to Parent

(a) The department may:

(1) Suspend a license or registration document at any time after the onset of a child abuse and neglect investigation alleging the owner or operator or the in-home provider has committed child abuse, including child sexual abuse, or has neglected a child and law enforcement has been involved, if continued operation is likely to jeopardize the health and safety of the children.

(2) Suspend upon a child abuse or neglect services required determination indicating that a child has been abused or neglected by the owner or operator, the holder of the license or the in-home provider if continued operation is likely to jeopardize the health and safety of the children present.

(3) Prohibit the presence of an accused owner, operator, in-home provider, staff member, or household member of the early childhood program, or in-home provider from the early childhood premises when children are in child care, upon a report of child abuse or neglect at the premises of the licensed program, holder of the or registration, or involving a staff member or household member if continued operation or the presence of the accused individual is likely to jeopardize the health and safety of the children present.

(b) The department:

(1) Shall notify the parent of any child receiving early childhood services when that program's license, or registration document is suspended.

(2) Shall notify the parent of any child receiving early childhood services when an owner, operator, in-home provider, adult staff member, or adult household member of the program providing care of the child is under investigation under subsection (a).

(3) Shall notify the parent of any child receiving early childhood services that a staff member or household member is under investigation under subsection (a) if the staff member or household member is a minor.

(c) Upon the conclusion and disposition of the investigation, the department shall notify the parent of each child receiving early childhood services of the disposition.

(d) Notwithstanding any provision to the contrary, any action taken under this section may preclude an individual's ability to operate pending an appeal.

50.03.180 Minimum Standards - Rules - Inspection by a Governmental Unit

The department may:

(a) Establish reasonable minimum standards for the operation of early childhood programs and the registration of in-home providers. In appropriate circumstances and upon good cause shown, specific minimum standards may be substituted by alternate, equivalent standards, approved by the department.

(b) Take such action and make reasonable rules for the regulation of early childhood services necessary to carry out the purposes of this chapter and entitle the state to receive aid from the federal government.

(1) Inspect the premises for which a license, or registration document is applied or issued under this chapter; and

(2) Certify to the department that the premises of a program, holder of the license or registration document meets the requirements of this chapter and the minimum standards prescribed by the department.

50.03.190 Revocation of License or Registration Document

(a) The department may revoke the license or registration document of any early childhood services provider upon proper showing of any of the following:

(1) Any of the applicable conditions set forth in this code or duly adopted regulation or policy as prerequisites for the issuance of the license, or registration document no longer exist.

(2) The licensee or registrant is no longer in compliance with the minimum standards prescribed by the department.

(3) The license or registration document was issued upon fraudulent or untrue representation.

(4) The licensee, or registrant has violated any rules of the department.

(5) The licensee, registrant, or a household member of a home out of which early childhood services are provided has been found guilty of, or pled guilty to, an offense the department determines has a direct bearing upon an individual's ability to serve the public as a licensee, a holder of the license or registrant.

(6) The licensee, or registrant has been convicted of any offense and the department has determined that the individual has not been sufficiently rehabilitated.

(7) The department may consider the early childhood services history of the licensee, or registrant in determining revocation of a license, or in-home registration document.

(b) The department shall notify, in writing, the parent of each child receiving early childhood services from the early childhood services provider that is the subject of the revocation notice.

50.03.200 Denial or Revocation of License or Registration Document - Administrative Hearing

Before the department may deny any application for a license, or registration document under this chapter or before the department may revoke any license, or registration document, the department shall provide a written notice to the applicant, licensee or registration document of the reasons for the denial or revocation. The applicant, licensee, or registrant may request an administrative hearing appealing the denial or revocation in the manner subscribed by regulation and policy. The applicant, licensee, or registrant shall make a request for hearing to the department within ten days after receipt of the notice of denial or revocation from the department.

50.03.210 Public Agency Purchase of Early Childhood Services

No agency of the Tribe may purchase early childhood services, including care provided by or in the home of a relative, unless the early childhood program is licensed, registered, or approved by the department.

50.03.220 Violation of Chapter or Rules – Injunction

The department or the department's authorized agent may seek injunctive action against an individual who provides early childhood services for which licensure is required, an early childhood program, or in-home provider in the district court through proceedings instituted by the attorney general on behalf of the department or by a state's attorney on behalf of the authorized agent, if:

(a) There is a violation of this chapter or a rule adopted under this chapter; or

(b) An early childhood program, or in-home provider, after notice and opportunity for hearing on the notice of noncompliance, on the resumption.

50.03.230 Penalty

Any person, partnership, firm, corporation, limited liability company, association, or organization who violates opens a childcare facility providing childcare services to more than three non-familial children for more than eight hours any day or any other of the provisions of this chapter is guilty of a class 2 Offense.

50.03.240 Penalty for Provision of Services - When Applicable

(a) An individual who provides early childhood services to any child, other than a child who is a member of that individual's household, is guilty of a class 3 Offense if:

(1) Those services are provided after that individual is required to register as a sexual offender;

(2) The department has denied that individual's application for licensure, or registration to provide early childhood services or has revoked that individual's license, or registration document to provide early childhood services following a finding that services are required under by this code or other tribal code or regulation and that finding has become final or has not been contested by that individual; or

(3) The individual allows another individual to be in the presence of the child receiving early childhood services if that other individual is required to register as a sexual offender or has had an application for licensure, or registration to provide early childhood services denied or revoked by the department following a finding that services are required under tribal law and that finding has become final or has not been contested by that other individual.

(b) An individual is not guilty of a class 3 offense under paragraphs (2) and (3) of subsection (a) if the department has made a determination that the individual is able to provide care that is free of abuse and neglect, in spite of a finding that services are required under this title.

50.03.250 Early Childhood Services Inclusion Support Services and Grant Program

(a) The department may establish in collaboration with other tribal agencies an early childhood services inclusion grant program for early childhood services providers that provide, or applicants for licensure who indicate they will provide, care for children with disabilities or developmental delays. The grant program must be designed to:

(1) Support the staffing needs to expand the ability to care for children with disabilities or developmental delays; and

(2) Assist in modifying or adapting the early childhood services setting as needed to address the health, safety, and developmental needs of children with disabilities or developmental delays.

(b) The department may fund early childhood services specialists to make available technical assistance to early childhood services providers that care for children with disabilities.

50.03.260 Two Year Strategic Plan Requirement

The Department shall ever two years draft a strategic plan for implementation.

50.03.270 Repeal

To the extent that they are inconsistent with this ordinance, all prior laws, resolutions, and statutes are repealed.

50.03.280 Effective Date

This ordinance shall take effect immediately.

50.03.290 Severability

If any provision of this title is ruled unconstitutional, it shall be severed from the remainder of the Title, and the remaining provisions shall stand without the unconstitutional provision.

50.03.300 Rules and Regulations

The Tribe and Department of Child Care may adopt rules in furtherance of this title with notice and comment to the Public.

Chapter 50.04 Clerk of Court Office

50.04.010 Creation of the Clerk of Court

The Turtle Mountain Band of Chippewa hereby creates the Clerk of Court office for the Turtle Mountain Tribal Court and Appellate Court.

50.04.020 Authority

(a) The Turtle Mountain Band of Chippewa Indians Constitution specifically delegates law creations authority to the Tribal Council in Article IX, Section 5.

(b) The Turtle Mountain Band of Chippewa Indians Constitution elects a Chief Clerk of Court but does not define the scope or requirement of the office of the Clerk of Court, Article XIV, Section 4, (c).

50.04.030 Purpose and Intent

(a) The Purpose and Intent of this law is to provide uniform expectations, duties, and responsibilities for the Clerk of Court to orderly administer justice within the Territory and Jurisdiction of the Tribe.

(b) The Purpose and Intent is to ensure compliance with the Rules of Administration of the Court Rules of Advocates and Sanctions, and Practice before the Court.

50.04.040 Definitions

(a) "Books" is defined as the receipts and financial records of the court of court filing fees, fines, and forfeitures.

(b) "Docket" is defined as 1.) A formal record in which a judge or court clerk briefly notes all the proceedings and filings in the Court; or 2.) a schedule of pending cases before the Court for any particular day.

(c) "Ledger" is defined as the minute record or spindle maintained in each paper file of a proceeding or electronic file when such system is adopted, such ledger will record the dates of filings and dates of hearings and all matters maintained in a file.

(d) "Ministerial act" is defined as an act performed without the independent exercise of discretion or judgment. If the act is mandatory it is also termed a ministerial duty.

(e) "Minute or Minute Order" is defined 1.) as an order recorded in the minutes of the court rather than a directly on the case Ledger; or 2.) memoranda or notes of the proceedings before the Court; or.

(f) "Record" is defined as the Minutes and Minute Orders of the Court, filings, and orders of the Court.

50.04.050 Responsibilities

(a) The Chief Clerk of Court shall keep the books, dockets, ledgers, and records for all matters in the court, including juvenile, guardianship, and probate.

(1) These books, dockets, ledgers, and records shall include all criminal pleadings, filings, and orders filed in the Court; and

(2) These books, dockets, ledgers, and records shall include all civil pleadings, filings, and orders filed in the Court.

(b) The Chief Clerk shall maintain the jury pool, create a quarterly schedule of the changes, and update it on a quarterly basis.

(c) The clerk shall enter the defendant's plea, which shall be guilty or not guilty, and shall be entered as not guilty on failure to plead, which plea of not guilty shall put all matters in such case at issue, any other provisions of law notwithstanding.

(d) The Chief Clerk of Court shall ensure that the necessary extradition requisition papers are executed in accordance with the laws of the Tribe.

(e) The Chief Clerk of Court or an assistant clerk shall:

(1) Be present at each session of the Court assigned criminal and traffic cases and shall perform all ministerial acts required by and under the direction of the judges; and.

(2) When the court is not in session, the Clerk may take bail for the appearance of any person under arrest before the courts for a misdemeanor or a traffic violation, subject to the uniform bail schedule established by the Court;

(f) The clerk or one of his or her deputies, shall issue all processes under the clerk's hand and the seal of the court and attest it in the name of the judge, signing it by the title of office, and shall tax costs;

(g) The Chief Clerk of Court's office shall collect fees as ordered by the Court and deposit such fees with the Tribe for orderly administration of the judiciary.

(h) The Clerk of Court shall process complaints, warrants, recognizance, commitments, attachments, venires, subpoenas and all other writs and papers in the courts shall be in substance in the form provided by Judicial administrative Rules duly adopted and published and the Rules of Procedure, either criminal or civil.

(i) The Chief Clerk of Court shall monitor all cases before the Court to ensure that matters are timely handled and take active efforts to ensure the criminal timelines are noticed to the parties and the Court.

(j) The Clerk shall enter information in the necessary Tribe, State, and Federal databases as required by the laws of the Tribe and the United State of America.

50.04.060 Ordinances and Civil Traffic Violations

In prosecutions of ordinance violations and civil traffic violations in the court, the clerk, or one of the clerk's assistants, shall enter upon the records of the court the citation from law enforcement, unless the court directs formal complaint to be made; then the defendant's plea shall be guilty or not guilty, and shall be entered as not guilty on failure to plead, which plea of not guilty shall put all matters in the case at issue, any other provision of law notwithstanding.

50.04.070 Clerk of Court and Division Clerks

The Chief Clerk of Court shall appoint one or more Division Clerks based upon the nature of the work performed but shall be revocable by the Chief Clerk's pleasure. The appointments and revocations shall be in writing and shall be filed in the Chief Clerk's office. The Division Clerks shall aid the Chief Clerk in the discharge of the clerk's duties. In the absence of the clerk from the office or from the court, the Division Clerks may perform all the clerk's duties; or in case of a vacancy by resignation, death, removal or other cause a Divisional Clerk appointed shall perform all such duties until the vacancy is filled.

50.04.080 Clerk of Court; to Keep Court Papers, Books and Records

The Chief Clerk of Court shall be responsible for execution and completion of the following responsibilities:

(a) File and keep all papers properly deposited with him or her in every action or proceeding unless required to transmit the papers. The papers shall be transferred to electronic format, within ten (10) days after filing.

(b) Keep a court record and write in that record the names of parties in every civil action or proceeding in the court, the names of attorneys representing the parties, a brief statement of the nature of the action or proceeding, the date of filing every paper therein and of each proceeding taken, the file in which the papers can be found, the time when the action or proceeding is put on the calendar for trial, and when and how the action or proceeding is disposed of; the location where minutes in every case can be found and the place in the judgment record and electronic file where any judgment, order or report has been recorded, so as to make the court record a history in brief of each action or proceeding from beginning to final disposition; and a complete index of all proceedings therein.

(c) Keep a criminal record and write in that record a history in every criminal action like the court record in civil actions and proceedings with references to the file where papers in the action can be found, to the minute record and to the information record where indictments and criminal complaints can be found.

(d) Keep a minute record and write in that record a brief statement of all proceedings in open court showing motions and orders during trial, names of witnesses, jurors selected, the officer sworn to take them in charge, jury verdicts and openings and adjournments of court. The clerk, in lieu of keeping a minute record, may elect to incorporate in the appropriate court record, civil or criminal, the data which this paragraph requires to be recorded.

(e) Keep a judgment and lien docket of all money judgments of the court, transcripts from judgment and lien dockets of other Tribes, states courts and/or other federal courts.

(f) Keep a judgment and lien docket of all claims for liens filed by prime contractors, subcontractors, suppliers, service providers, and laborers and all claims filed for log, mining, and maintenance liens.

(g) Keep an index to the court record, the criminal record, the judgment record and the lien record.

(h) File, enter, record and keep such other papers, books and records as are required by law.

(i) Keep a record of all payments ordered by the court to be paid to the clerk of court.

(j) Keep a record of law enforcement operating within the Territory and Jurisdiction of the Court and such law enforcement officer's certifications and qualifications.

(k) Keep a record of all qualified interpreters the Court may need from time to time.

(l) Deposit monthly to the Tribe's Finance Office for the use of the Tribe the Tribe's percentage of the costs, fees, and surcharges imposed that are required to be paid on each civil action, criminal action, and special proceeding filed during the preceding month and pay monthly to the treasurer for the percentage of court-imposed fines and forfeitures that are required by law to be deposited in the treasury. The payments shall be made by the 15th day of the month following receipt of the payments at a minimum.

(m) Deposit monthly to the Tribe's Finance Office the amounts required for the jail assessment surcharge and the amounts required by any criminal sentence. The payments shall be made by the 15th day of the month following receipt thereof at a minimum.

(n) Cooperate with child support for any child and spousal support and establishment of paternity and medical support liability program, and provide that department with any information from court records which it requires to administer that program.

(o) Perform all other duties that are required by law.

(p) The clerk may refuse to accept any paper for filing or recording until the fee prescribed under the rules of court or the civil procedures or any applicable code is paid, or if the pleadings do not conform to the rules of procedure or rules of court administration.

50.04.090 Clerk of Court; Credit and Debit Cards; Payment Plans

In this subsection:

(a) "Credit card" means a card or other similar device existing for the purpose of obtaining money, property, or services on credit under an open-end credit agreement.

(b) "Debit card" means a card or other similar device existing for the purpose of obtaining money, property, or services through the use of a depository-institution access device.

(c) "Depository-institution access device" means a terminal or other facility or installation which connects to depository institution so that payments and transactions may be directly deposited through a debit or credit card system.

(d) The clerk of court may accept a credit card or debit card for any required payment to the clerk of court and may charge and collect a reasonable service fee for the use of a credit card or debit card.

(e) The clerk of court may charge and collect a fee for the establishment and monitoring of a payment plan for persons ordered to make payments to the clerk of court. The amount of the fee may not exceed $15 and shall be on a sliding scale based on the person's ability to pay in view of the person's income.

50.04.100 Repeal

To the extent that they are inconsistent with this ordinance, all prior laws, resolutions, and statutes are repealed.

50.04.110 Effective Date

This ordinance shall take effect immediately upon its approval by the Chairman.

50.04.120 Severability

If any provision of this title is ruled unconstitutional, it shall be severed from the remainder of the Title, and the remaining provisions shall stand without the unconstitutional provision.

50.04.130 Rules and Regulations

The Clerk of Courts and the Court may adopt rules in furtherance of this title with notice and comment to the Public.

Chapter 50.05 Probation and Parole Offices

50.05.010 Creation of the Probation and Parole

(a) The TMBCI hereby creates the Division of Probation whose responsibility it shall be to supervise criminal offenders in the community to the extent necessary to meet the public, victim, staff and offender safety responsibilities.

(b) The Division of Probation shall endeavor to protect the community, ensure completion of sentence requirements, and to cooperate with other agencies and community programs for the prevention of crime and victimization.

50.05.020 Definitions

(a) "Abscond" means the failure of an offender to make himself or herself available as directed by the agent.

(b) "Administrator" means the administrator of the division or designee.

(d) "Bodily harm" means physical pain or injury, illness, or any impairment of physical condition.

(e) "Body contents search" means a search in which the offender is required to provide a biological specimen, including but not limited to a sample of urine, breath, blood, stool, hair, fingernails, saliva, semen, or other identifying physical material.

(f) "Collateral" means any person who has contact with or information about an offender.

(g) "Commitment term" or "term" means that period of time during which the offender is subject to the control and supervision of the department.

(h) "Community supervision" or "supervision" means the control and management of offenders on probation, parole, extended supervision, or other statuses as authorized by court order or statute.

(i) "Conditions" means specific regulations imposed on the offender by the court or earned release review commission.

(j) "Contacts" means communications between an agent and an offender or collateral.

(k) "Contraband" means any item which the offender may not possess under the rules or conditions of the offender's custody or supervision or is unlawful.

(l) "Discharge" means the completion of the term of supervision by an offender.

(m) "Extension" means the continuation by the sentencing court of supervision beyond the current discharge date.

(n) "Financial resources" of an offender means any income or assets from any source under the offender's sole or joint control.

(o) "Intoxicating substance" means anything which if taken into the body may alter or impair normal mental or physical functions.

(p) "Non−deadly force" means force which the user reasonably believes will not create a substantial risk of causing death or great bodily harm to another.

(q) "Offender" means a person who is committed to the custody of the department for correctional purposes and is under community supervision of the division.

(r) "Pat−down" means a frisk of the offender's body outside the clothing.

(s) "Personal search" means a search of an offender's person, including but not limited to the offender's pockets, an examination of the offender's shoes, hat, and other clothing, and a visual inspection inside the offender's mouth.

(t) "Probation" shall mean community supervision of individuals under sentence.

(u) "Region" means a subunit of the division.

(v) "Regional chief" means an employee or designee of the division responsible for the administration of a region.

(w) "Reporting" means a contact between an agent and offender determined by the rules or conditions of supervision.

(x) "Revocation" means the removal of an offender from community supervision.

(y) "Rules" means departmental regulations applicable to a specific offender under supervision.

(z) "School" means a public or private school.

(aa) "Supervision fees" means financial obligations imposed on offenders pursuant to his or her sentence.

(bb) "Tolled time" means the period of time between the date of an offender's violation and the date the offender's supervision is reinstated or revoked.

(cc) "Waiver" means the written relinquishment of known rights by an offender.

(dd) "Working day" means each day, except Saturday, Sunday, and holidays designated by the Tribe.

50.05.030 Duties and Responsibilities of the Division of Probation

(a) The Division of Probation Program's responsibilities are as follows:

(1) Obtain information necessary for appropriate supervision of the offender.

(2) Evaluate the offender's needs and risk to re−offend.

(3) Determine the short−term and long−term goals and overall objectives of the offender's supervision.

(4) Establish rules and explain and provide the offender with a copy of the rules and conditions.

(5) Inform the offender of the possible consequences of not abiding by the rules and conditions.

(6) Cooperate with and assist the prosecutor who is responsible for determining restitution.

(7) Inform the offender of applicable law and enforcement registration requirements.

(8) Monitor the offender's compliance with the conditions and rules.

(9) Maintain complete and accurate case records for each offender.

(10) Report suspected child abuse cases to the appropriate authorities.

(11) Report to a supervisor as directed on the status of the offender.

(12) Report all violations of the criminal law by the offender to a supervisor and if appropriate, to law enforcement.

(13) Collect restitution and other court ordered financial obligations, and fees as authorized by statute.

(14) Draft and request issuance of warrants, probation holds, and revocations.

(15) Advise the Court of failures to comply with probation sentences and request extensions for non-compliance for with monetary conditions

(16) Charge fees for supervision.

(b) The Probation Division shall notify the Court by either written correspondence or email whether an offender has successfully completed probation.

(c) The Probation Division shall be responsible for recommendations associated with modifications of sentences to probation if circumstances warrant a modification and shall do that by written notice to the Court.

(d) The Probation Division shall be responsible for enforcement of revocations of probation and alternatives to probation.

(e) The Probation Division shall be responsible for entering information into the necessary databases to ensure compliance with terms of probation.

(f) The Probation Division shall be responsible for preparing pre-sentencing reports and accessing the necessary databases to appropriately research such reports.

50.05.040 Conditions of Probation

The Court may sentence an individual to a term of probation:

(a) Except if a term of probation is prohibited for a particular offense by statute, if a person is convicted of a crime, the court, by order, may withhold sentence or impose sentence and stay its execution, and in either case place the person on probation to the division for a stated period, stating in the order the reasons therefor. The court may impose any conditions which appear to be reasonable and appropriate. The period of probation may be made consecutive to a sentence on a different charge, whether imposed at the same time or previously. If the court imposes a term of probation, it shall place its reasons for doing so on the record.

(b) If the court places the person on probation, the court shall order the person to pay restitution under, unless the court finds there is substantial reason not to order restitution as a condition of probation. If the court does not require restitution to be paid to a victim, the court shall state its reason on the record. If the court does require restitution, it shall notify the division of its decision if the victim may be eligible for compensation.

(c) If a person is convicted of an offense that provides a mandatory or presumptive minimum period of one year or less of imprisonment, a court may place the person on probation if the court requires, as a condition of probation, that the person be confined as part of the sentence for at least that mandatory or presumptive minimum period.

(d) The court may impose a sentence and stay its execution and place the person on probation.

50.05.050 Rules of Probation

Rules for Probationers to follow:

(a) Avoid all conduct which is in violation of tribal, federal or state statute, or county ordinances.

(b) Avoid all conduct which is not in the best interest of the public welfare or the offender's rehabilitation.

(d) Make every effort to accept opportunities and counseling offered by the division. This includes authorizing the exchange of information between the department and any court ordered or agent directed program and subsequent disclosure to any parties deemed necessary by the agent to achieve the purposes of the probation.

(e) Inform the agent of whereabouts and activities as directed.

(f) Submit a written offender report and any other relevant information as may be required.

(g) Submit to searches ordered by the agent.

(h) Obtain permission from an agent prior to changing residence or employment. In the case of an emergency, notify the agent of the change within 72 hours.

(i) Obtain permission and a travel permit from an agent before leaving the state.

(j) Obtain permission from an agent prior to the purchase, trade, sale, or operation of a motor vehicle.

(k) Obtain permission from an agent prior to borrowing money or purchasing on credit.

(l) Pay court ordered financial obligations and other fees as required.

(m) Obtain permission from an agent prior to purchasing, possessing, owning or carrying a firearm or other weapon, including incapacitating agents. An offender may not be granted permission to possess a firearm if prohibited under federal, tribal, or state law.

(n) Abide by all rules of any detention or correctional facility.

(o) Provide true and correct information verbally and in writing as required by the department.

(p) Report to an agent as directed.

(q) Submit a biological specimen for testing when ordered by law, statute, regulation or other Court order.

(r) Comply with any additional rules that may be established by an agent. The rules may be modified at any time as appropriate.

(s) Advise that failure to comply with the terms of probation and or failure to pay costs, fees, restitution, and fines shall result in extension of the probation until payment of the court order monetary conditions.

50.05.060 Violations of Conditions of Probation and Alternatives to Revocation

(a) Any person who violates the terms and conditions of his/her probation or release may be required to serve the original sentence imposed.

(b) The Division of Probation upon issuance of a warrant for non-compliance may require an alternative revocation for failures to comply with probation terms and such alternative shall include incarceration up to twenty (20) days without Court order.

(c) The Division of Probation shall have five days to provide notice of intent to enforce an alternative to probation or revoke the probation from the date of arrest.

50.05.070 Extension of Probation

(a) The Division may extend a term of probation under one of the following situations:

(1) Failure to pay required Court Costs and fines;

(2) Failure to substantially meet the Court's requirements of probation as ordered by the Court.

(b) Probation shall not expire until all the financial terms of the underlying sentence are met.

(c) If a probationer fails to make the necessary payments for fines, costs, and or restitution the probation sentence shall automatically extend until all the payments are made.

50.05.080 Early Discharge

(a) The division may grant an offender early discharge when there is a reasonable probability that supervision is no longer necessary for the rehabilitation and treatment of the offender and for the protection of the public. The department shall consider all of the following in making its determination:

(1) The goals and objectives of supervision have been satisfied; and

(2) The offender has served at least fifty percent of the term of probation.

(b) The probation division shall provide notice of the early discharge to the Court and law enforcement.

50.05.090 Repeal

To the extent that they are inconsistent with this ordinance, all prior ordinances are hereby repealed.

50.05.100 Effective Date

This ordinance shall take effect immediately.

50.05.110 Severability

If any provision of this title is ruled unconstitutional, it shall be severed from the remainder of the Title, and the remaining provisions shall stand without the unconstitutional provision.

50.05.120 Rules and Regulations

The Tribe and Division of Probation may adopt rules in furtherance of this title with notice and comment to the Public.

Chapter 50.06 Division of Law Enforcement-the Law Enforcement Act of 2017

50.06.010 Establishment of a Tribal Police Force

There is hereby established a Tribal Police Department within the Tribal Government to be known as the Turtle Mountain Band of Chippewa Indians Police Department, ("TMBCI Police Dept.") It shall be the duty of all employees assigned to the TMBCI Police Department to serve the public by enforcement of the Tribal laws and other applicable laws in addition to rendering such assistance relative to law enforcement as may be necessary and to protect all persons and property within the Tribal jurisdiction from criminal activities.

50.06.020 Territory & Jurisdiction

The territory & jurisdiction of the TMBCI Police Department will extend to the enforcement of all laws enacted by the Tribal Council of the Turtle Mountain Band of Chippewa Indians and protection of all persons and property located within the Territory and Jurisdiction as defined by the Constitution.

50.06.030 Code of Conduct

The TMBCI Police Department shall function pursuant to a Code of Conduct which shall prescribe specific rules concerning conflicts of interest, employee conduct both on and off duty, impartiality and thoroughness in performance of duty and acceptance of gifts or favors. The code shall ensure that certain standards of conduct are included which will require each law enforcement officer to be capable of performing that officer's duties to the greatest extent possible.

50.06.040 Oath of Office

All personnel, prior to assuming sworn status, take and subsequently abide by an oath of office to enforce the law, to uphold the Turtle Mountain Band of Chippewa Indians Constitution and to uphold the U.S. Constitution.

50.06.050 Definitions

For purposes of this chapter—

(a) The term "Branch of Criminal Investigations" means the entity that is assigned primary responsibility for criminal investigations within this title.

(b) The term "Bureau" means the Bureau of Indian Affairs of the Department of the Interior.

(d) The term "employee of the Bureau" includes an officer of the Bureau.

(e) The term "enforcement of a law" includes the prevention, detection, and investigation of an offense and the detention or confinement of an offender.

(f) The term "Indian country" has the meaning given that term in section 1151 of Title 18.

(g) The term "Indian tribe" has the meaning given that term in 25 U.S.C. § 1301.

(h) The term "offense" means an offense against the Turtle Mountain Band of Chippewa Indians and the United States and includes a violation of tribal and Federal regulation relating to part or all of Indian country.

(i) The term "Secretary" means the Secretary of the Interior.

(j) The term "Sensitive Crimes" means all crimes encompassing sexual assaults and or rapes.

(k) The term "tribal justice official" means—

(1) a tribal prosecutor;

(2) a tribal law enforcement officer; or

(3) any other person responsible for investigating or prosecuting an alleged criminal offense in tribal court; and

(4) shall also include federal officials responsible for the execution of the laws.

50.06.060 Turtle Mountain Band of Chippewa Indians Police Department Authority and Responsibility

Subject to the provisions of this title, Tribal and other applicable Federal laws, the responsibilities of the TMBCI Police Department shall include—

(a) the enforcement of Tribal law;

(b) the enforcement of Federal and State laws when applicable;

(c) in cooperation with appropriate Federal and tribal law enforcement agencies, the investigation of offenses against criminal laws of the United States;

(d) the protection of life and property;

(e) the development of methods and expertise to resolve conflicts and solve crimes;

(f) the provision of criminal justice remedial actions, correctional and detention services, and rehabilitation;

(g) the reduction of recidivism and adverse social effects;

(h) the development of preventive and outreach programs which will enhance the public conception of law enforcement responsibilities through training and development of needed public service skills;

(i) the assessment and evaluation of program accomplishments in reducing crime;

(j) the development and provision of law enforcement training and technical assistance, including training to properly interview victims of domestic and sexual violence and to collect, preserve, and present evidence to Federal and tribal prosecutors to increase the conviction rate for domestic and sexual violence offenses for purposes of addressing and preventing domestic and sexual violent offenses;

(k) the development and provision of dispatch and emergency and E–911 services;

(l) communicating with tribal leaders, tribal community and victims' advocates, tribal justice officials, indigent defense representatives, and residents of Indian country on a regular basis regarding public safety and justice concerns facing tribal communities;

(m) conducting meaningful and timely consultation with tribal leaders and tribal justice officials in the development of regulatory policies and other actions that affect public safety and justice in Indian country;

(n) providing technical assistance and training to tribal law enforcement officials to gain access and input authority to utilize the National Criminal Information Center and other national crime information databases pursuant to 28 U.S.C. § 534;

(o) promulgating regulations to carry out this title, and routinely reviewing and updating, as necessary.

50.06.070 Authority of Tribal Police Department

The TMBCI Police Department shall be authorized to—

(a) carry firearms;

(b) execute or serve warrants, summonses, or other orders relating to a crime committed in Indian country and issued under the laws of—

(1) an Indian tribe if authorized by the Indian tribe;

(2) the United States; or

(1) the offense is committed in the presence of the employee,¹

(2) the offense is a felony and the employee has probable cause to believe that the person to be arrested has committed, or is committing, the felony;

(3) the offense is a misdemeanor crime of domestic violence, dating violence, stalking, or violation of a protection order and has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent or guardian of the victim, and the employee has probable cause to believe that the person to be arrested has committed, or is committing the crime; or

(4) (i) the offense involves—

(5) a misdemeanor controlled substance offense in violation of—

(A) the Controlled Substances Act (21 U.S.C. 801 et seq.);

(B) title IX of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (21 U.S.C. 862a et seq.); ² or

(6) a misdemeanor firearms offense in violation of chapter 44 of title 18;

(7) a misdemeanor assault in violation of chapter 7 of title 18; or

(8) a misdemeanor liquor trafficking offense in violation of chapter 59 of title 18; and

(9) the employee has probable cause to believe that the individual to be arrested has committed, or is committing, the crime;

(d) offer and pay a reward for services or information, or purchase evidence, assisting in the detection or investigation of the commission of an offense committed in Indian country or in the arrest of an offender against the Tribe;

(e) make inquiries of any person, and administer to, or take from, any person an oath, affirmation, or affidavit, concerning any matter relevant to the enforcement or carrying out in Indian country of a law of either the United States or the Tribe that has authorized the employee to enforce or carry out tribal laws;

(f) wear a prescribed uniform and badge or carry prescribed credentials;

(g) perform any other law enforcement related duty; and

(h) when requested, assist (with or without reimbursement) any Federal, tribal, State, or local law enforcement agency in the enforcement or carrying out of the laws or regulations the agency enforces or administers.

50.06.080 Establishment, Responsibilities, and Regulation of the Branch of Criminal Investigations

(a) The Tribe may establish a Branch of Criminal Investigations which, under such inter-agency agreement as may be reached between the Tribe and appropriate Federal and state agencies and subject to such guidelines as may be adopted and enforced, shall be responsible for the investigation, and presentation for prosecution, of cases involving violations of sections 1152 TO 1170 of title 18and, to wit:

(1) Felon in possession of a firearm (18 U.S.C. § 922(g)),

(2) Youth Handgun Safety Act (18 U.S.C. § 922(x) (2)),

(3) Possession of a firearm while subject to protective order 18 U.S.C. § 922(g) (8)),

(4) Interstate domestic violence - Crossing a state, foreign, or Indian country border (18 U.S.C. § 2261 (a) (1)),

(5) Interstate domestic violence - Causing the crossing of a state, foreign, or Indian Country border (18 U.S.C. § 2261 (a) (2)),

(6) Interstate violation of protective order - Crossing a state, foreign, or Indian country border (18 U.S.C. § 2262),

(7) Lacey Act violations (16 U.S.C. § 3371, et seq.),

(8) Archaeological Resource Protection Act violations (16 U.S.C. § 470ee),

(9) Controlled substances - Distribution or possession and Conspiracy, (21 U.S.C. §§ 841(a)(1), 844, and 846),

(10) Unauthorized taking of trees (18 U.S.C. § 1853),

(11) Unauthorized setting of fire (18 U.S.C. § 1855),

(12) Laundering of Monetary Instruments (18 U.S.C. § 1956),

(13) Assault of a Federal officer (18 U.S.C. § 111),

(14) Bribery of tribal official (18 U.S.C. § 666(a) (2)),

(b) The Branch of Criminal Investigations shall not be primarily responsible for the routine law enforcement and police operations

(c) The Branch of Criminal Investigation may utilize Federal Regulations applicable to BIA- OJS law enforcement or other Federal agency regulation to establish the necessary rules.

(d) The-Division of Drug Enforcement (DDE) of the Branch of Criminal Investigation unit is established primarily responsible for enforcement of Tribal, Federal, and ND State narcotic trafficking laws and the crimes that accompany narcotic trafficking.

(1) The DDE shall operate pursuant to professional regulation and policies;

(2) The DDE shall be subject to the same professional standards and background check standards as required herein;

(3) The DDE shall be authorized to exercise the authority of set forth in "Turtle Mountain Band of Chippewa Indians Police Department Authority and Responsibility," Section 50.06.060 and "Authority of the Tribal Police Department," Section 50.06.070, herein.

50.06.090 Establishment, Responsibilities and Regulation of the School Resource Officer the Tribe Hereby Creates the Position of the School Resource Officer as a Commissioned Police Officer of the Turtle Mountain Band of Chippewa Indians. the School Resource Officer (Sro) Shall Have the Following Authority and Responsibilities:

(a) He or she shall have the authority to execute the laws of the Turtle Mountain Band of Chippewa on the various campuses of the Turtle Mountain Elementary and Middle Schools and the Belcourt Public School System, or their successors.

(b) He or she shall have the authority to investigate criminal acts and civil infractions on the campuses referenced.

(d) He or she shall be subject to all the requirements set forth in this title and the provisions of 25 U.S.C. §§ 2801 et. seq.

(e) The SRO shall be commissioned Law Enforcement as Tribal Officer as set forth in this title.

(f) He or she shall have the authority to refer matters to the prosecutor's office for criminal charges.

(g) He or she shall have all the necessary and proper authority to perform his or her responsibilities under the Laws of the Turtle Mountain Band of Chippewa Indians and the United States.

50.06.100 Training and Education Requirements

(a) The Tribe shall work in concert with BIA-OJS to establish appropriate standards of education, experience, training, and other relevant qualifications for law enforcement personnel who are charged with law enforcement responsibilities pursuant to section 2803 of this title.

(b) The Tribe shall work in coordination with Federal agency to meet the necessary training standards established under subparagraph (a)—

(1) shall be consistent with standards accepted by the Federal Law Enforcement Training Accreditation commission for law enforcement officers attending similar programs; and

(2) shall include, or be supplemented by, instruction regarding Federal sources of authority and jurisdiction, Federal crimes, Federal rules of criminal procedure, and constitutional law to bridge the gap between State training and Federal requirements.

(c) Law enforcement personnel of the TMBCI Police Department may satisfy the training standards through training at a State or tribal police academy, a State, regional, local, or tribal college or university, or other training academy (including any program at a State, regional, local, or tribal college or university) that meets the appropriate Peace Officer Standards of Training.

50.06.110 Background Check Requirements

(a) Tribal Police Officers shall have background checks which meet the minimum requirements for the Police Officers to be suitable as required by Federal regulations and to meet various insurance standards, which shall include but not be limited to Federal, military, tribal and state background checks.

(b) The Tribe may contract with BIA-OJS for completion of these background checks.

50.06.120 Prosecution and Coordination with Federal Agencies

(a) TMBCI Police Officers shall refer investigations to the Tribe's Prosecutor.

(b) TMBCI Police Officers shall refer the appropriate investigations to the U.S. Attorney's Office for the Federal District of North Dakota as appropriate.

50.06.130 Policies and Protocol

TMBCI Law Enforcement shall comply with the various protocols enacted by joint federal agency task forces to meet victims needs related to sexual assault, crimes against children, domestic violence, and other sensitive crimes.

50.06.140 Interagency Agreements

(a) The Tribe may enter into interagency agreements with the various federal agencies, the State of North Dakota, a County, various tribal agencies, and or another Indian Tribe.

(b) The Tribe may enter into to cooperative agreements, including agreements relating to mutual aid, hot pursuit of suspects, and cross-deputization for the purposes of—

(1) improving law enforcement effectiveness;

(2) reducing crime in Indian country and nearby communities; and

(3) The Turtle Mountain Band of Chippewa authorizes the Bureau of Indian Affairs Office of Justice Services Law Enforcement Officers to enforce all traffic, criminal traffic and criminal laws of the Tribe.

50.06.150 Firearms

(a) All Police Officers shall be trained in the use of firearms and shall be federally certified by the appropriate training agency to use and carry any firearm

(b) All Police Officers shall comply with the Department of Interiors regulations, rules, guidelines, manuals, and handbooks as issued pursuant to 25 U.S.C. §§2801 et seq. and 25 C.F.R. part 12 in the use of non-firearm weapons.

50.06.160 Report of Firearm Use

Except in firearms training, each time a firearm is used for law enforcement purposes a report shall be filed with the superior of the officer who used the weapon and forwarded through the chain of command.

50.06.170 Non-Firearm Weapons

(a) All Police Officers shall be trained in the use of non-firearm weapons and shall be federally certified by the appropriate training agency to use and carry any non-firearm weapons.

50.06.180 Return of Equipment

Upon the resignation, death or discharge of any member of the TMBCI Tribal Law Enforcement, all articles or property issued in connection with the employee's official duties must be returned to the Chief of Police or the Tribe's Property Manager, as both the BIA-OJS and the Tribe issue equipment. This provision may be waived by the Police regulation as to uniforms and other equipment other than firearms for officers honorably retired or in case of death while in service.

50.06.190 Delegation and Assignment of Duties

By Police Regulation, the duties of the Chief of Police may be delegated other positions within the Police Department. The Chief of Police shall assign such duties to officers and employees of lesser rank as may be necessary for the proper functioning of the Department.

50.06.200 Immunities

No member of the TMBCI Police Department, and no person acting at the request and direction of such member during an emergency situation, shall be held to answer for any personal, civil or criminal liability for actions taken within the scope of the person's authority while in the discharge of the Officer's Police duties under the law.

50.06.210 Contract Police Officers Performing Services Through a Pl 93-638 Contract

Where applicable, officers funded by a BIA 638 contract shall follow the necessary BIA Law Enforcement laws and regulations.

Chapter 50.07 Authorization of Fire and Rescue Department & Fire Safety Regulations

50.07.010 Purpose and Authority

(a) The Purpose of the Fire Department is to minimize the occurrence of damaging fires, to protect the health, safety, and welfare of the Community, regulate and control person engaged in necessary fires, to ensure the safe administration of fireworks, regulate and administer the prevention of fires within the territory and jurisdiction of the Turtle Mountain Band of Chippewa Indians.

(b) Article IX, Sections (a) (2-6) of the Turtle Mountain Band of Chippewa Indians Constitution ("Constitution") grants the Tribal Council the power to make laws, including codes, ordinances, resolutions, and statutes.

(c) It is the policy of the Tribe to regulate and control persons engaged in fire producing activities reasonably necessary to protect the health, safety and welfare of the public and employees by establishing minimum standards for the prevention of fire on tribal lands.

50.07.020 Authorization and the Creation of a Fire Department

(a) The Turtle Mountain Band of Chippewa Indians creates the Turtle Mountain Band of Chippewa Indians Fire and Rescue Department.

(b) The Fire and Rescue Department is responsible for enforcing this title.

(c) The Tribe creates the Position of Fire Chief of the Fire and Rescue Department who shall oversee the administration of this title and the staff of the Department.

(d) The Chief shall be directly accountable to the Chairman and in his or her absence the Vice-Chairman, unless otherwise designated by law.

(e) As environmental and climate conditions require the Fire Chief may declare a fire emergency limiting fires for specific periods.

50.07.030 Definitions

For other definitions, refer to NFPA 1 Fire Code, Chapter 3, Definitions.

(a) "Approved" means acceptable to the authorized fire inspectors.

(b) "Automatic Fire Sprinkler System" means an integrated system of underground and overhead piping for fire protection purposes, designed in accordance with fire protection engineering standards. The system is usually activated by heat from a fire and discharges water over the fire area.

(c) "Authorized Fire Inspector" means an employee of the Turtle Mountain Band of Chippewa Indians that is certified in the Life Safety codes and is the authorized enforcement official who conducts inspections and issues citations.

(d) "Building" or "structures" means a public building or place of employment.

(e) "Decorative Material" means all materials such as curtains, draperies, streamers, and surface coverings that are applied over the building finish for decorative, acoustical or other effect. Also included are cloth, cotton batting, straw, vines, leaves, trees, and moss used for decorative effect.

(f) "Enterprise" means any business entity or enterprise owned or operated by the Nation, including gaming facilities.

(g) "Flammable" means subject to easy ignition and rapid-flaming combustion.

(h) "Incinerator" means a furnace, container, or facility used to burn trash or other types of waste at high temperatures until it is reduced to ash.

(i) "NFPA" means the National Fire Protection Association.

(j) "Occupancy" means the purpose for which a building or portion thereof is used or intended to be used.

(k) "Open Burning" means a controlled, limited size open-air fire except for outdoor cooking, campfires, and authorized open burning for the purpose of land clearing or vegetative debris removal under Title 26, Section 26.20.100 Burning Permits and Open Burning Regulations.

50.07.040 Adoption of National Fire Protection Association (Nfpa) Standards

The following NFPA standards are hereby incorporated by reference into the Fire Safety program subject to those changes, additions or omissions specified in the following paragraphs of the program.

NFPA 1

Fire Code

NFPA 10

Standard for Portable Fire Extinguishers

NFPA 13

Standard for the Installation of Sprinkler Systems

NFPA 13R

Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height

NFPA 22

Standard for Water Tanks for Private Fire Protection

NFPA 25

Standards for the Inspection, Testing, and Maintenance of Water- Based Fire Protection Systems

NFPA 30

Flammable and Combustible Liquids Code

NFPA 30A

Code for Motor Fuel Dispensing Facilities and Repair Garages

NFPA 30B

Code for Manufacture and Storage of Aerosol Products

NFPA 45

Standard on Fire Protection for Laboratories Using Chemicals

NFPA 51

Standard for the Design and Installation of Oxygen-Fuel Gas

NFPA 51B

Systems for Welding, Cutting, and Allied Processes Standard for Fire Protection During Welding, Cutting, and Other Hot Work

NFPA 54

National Fuel Gas Code (ANSI Z223.1)

NFPA 55

Standard for the Storage, Use and Handling of Compressed and Liquefied Gases in Portable Cylinders

NFPA 70

National Electrical Code

NFPA 70B

Recommended Practice for Electrical Equipment Maintenance

NFPA 70E

Standard for Electrical Safety Requirements for Employee Workplaces

NFPA 72

National Fire Alarm Code ®

NFPA 73

Electrical Inspection Code for Existing Dwellings

NFPA 75

Standard for Protection of Electronic Computer/Data Processing Equipment

NFPA 80

Standard for Fire Doors and Fire Windows

NFPA 82

Standard on Incinerators and Waste and Linen Handling Equipment

NFPA 88A

Standard for Parking Structures

NFPA 88B

Standard for Repair Garages

NFPA 90A

Standard for the Installation of Air Conditioning and Ventilating Systems

NFPA 90B

Standard for the Installation of Warm Air Heating and Air- Conditioning Systems

NFPA 92A

Recommended Practice for Smoke-Control Systems

NFPA 92B

Guide for Smoke Management Systems in Malls, Atria, and Large Areas

NFPA 96

Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations

NFPA 97

Standard Glossary of Chimneys, Vents, and Heat-Producing Appliances

NFPA 99

Standard for Health Care Facilities

NFPA 101

Life Safety Code ®

NFPA 101A

Guide on Alternative Approaches to Life Safety

NFPA 101B

Code for Means of Egress for Buildings and Structures

NFPA 102

Standard for Grandstands, Folding and Telescopic Seating, Tents, and Membrane Structures

NFPA 105

Recommended Practice for the Installation of Smoke-Control Door Assemblies

NFPA 110

Standard for Emergency and Standby Power Systems

NFPA 111

Standard on Stored Electrical Energy Emergency and Standby Power Systems

NFPA 160

Standard for Flame Effects Before an Audience

NFPA 203

Guide on Roof Coverings and Roof Deck Constructions

NFPA 204

Guide for Smoke and Heat Venting

NFPA 211

Standard for Chimneys, Fireplaces, Vents, and Solid Fuel-Burning Appliances

NFPA 214

Standard on Water-Cooling Towers

NFPA 220

Standard on Types of Building Construction

NFPA 221

Standard for Fire Walls and Fire Barrier Walls

NFPA 230

Standard for the Fire Protection of Storage

NFPA 231D

Standard for Storage of Rubber Tires

NFPA 232

Standard for the Protection of Records

NFPA 241

Standard for Safeguarding Construction, Alteration, and Demolition Operations

NFPA 326

Standard for the Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair

NFPA 329

Recommended Practice for Handling Releases of Flammable and Combustible Liquids

NFPA 395

Standard for Storage of Flammable and Combustible Liquids at Farms and Isolated Sites

NFPA 434

Code for the Storage of Pesticides

NFPA 501A

Standard for Fire Safety Criteria for Manufactured Home

Installations, Sites, and Communities

NFPA 505

Fire Safety Standard for Powered Industrial Trucks, Including Type Designations, Areas of Use, Maintenance, and Operation

NFPA 664

Standard for the Prevention of Fires and Explosions in Wood Processing and Woodworking Facilities

NFPA 780

Standard for the Installation of Lightning Protection Systems

NFPA 820

Standard for Fire Protection in Wastewater Treatment and Collection Facilities

NFPA 909

Standard for the Protection of Cultural Resources Including Museums, Libraries, Places of Worship, and Historic Properties

NFPA 914

Recommended Practice for Fire Protection in Historic Structures

NFPA 1031

Standard for Professional Qualifications for Fire Inspector and

Plan Examiner

NFPA 1123

Code for Fireworks Display

NFPA 1124

Code for Manufacture, Transportation, and Storage of Fireworks And Pyrotechnics Articles

NFPA 1126

Standard for the Use of Pyrotechnics Before a Proximate Audience

NFPA 1144

Standard for Reducing Structure Ignition Hazards from Wildland Fire

NFPA 1194

Standard for Recreational Vehicle Parks and Campgrounds

NFPA 1600

Standards for Disaster/Emergency Management and Business Continuity Programs

50.07.050 Tribal Fire Wardens

(a) Appointment. Tribal Fire wardens shall be appointed by the Turtle Mountain Tribal Council and shall have the responsibility to investigate the origin and cause of any wild land fire taking place at a location under the regulatory jurisdiction of the Turtle Mountain Band of Chippewa Indians.

(b) Tribal Conservation Law Enforcement officers, BIA law enforcement officers, tribal police officers, the Fire Chief and Fire Inspector of the Turtle Mountain Fire & Rescue Department, and certified BIA Wildland Fire Investigators (INVF) shall be considered ex officio Tribal Fire Wardens.

All tribal fire wardens and tribal conservation law enforcement officers shall:

(1) Take proper steps for the prevention and extinguishment of fires within the Reservation in which he or she exercise their functions; and

(2) Control the use of fire during fire season, issue Burn Permits, perform one site inspections of burning operations, and perform routine fire prevention patrols within their respective area(s); and

(3) Make such reports of their work and conditions as may be requested by the BIA or Tribe; and

(4) Have the power of peace officers to interview witnesses and issue Citations or Notices of Violation pursuant to Section 19 of this title for violation of this chapter or burn permit rules or regulations pursuant thereto; and

(5) Have the authority to enter upon the property, including entering fenced in areas, of any owner within the jurisdiction and territory of the Turtle Mountain Band of Chippewa Indians in the discharge of their fire prevention, suppression, and investigation duties, provided that in so entering he or she exercise due care to avoid doing damage.

(6) Investigate the causes of fires and may secure a fire origin area, at any time, for the purpose of preserving evidence and conducting an investigation pertinent to this chapter and control, restrict or prohibit access by any unauthorized person so long as is reasonably necessary in the judgement of the warden.

(7) Request a qualified Wildland Fire Investigator (INVF), or Fire Warden trained and certified as an INVF for Class 3 and 4 offenses to make a written determination, on a form prescribed by BIA or the Tribe, of the origin and cause of the fire, weather conditions at the time, any efforts made by the person or persons residing there to extinguish or report the fire, equipment or conditions and events that led up to the fire, and determination of any fires originating from any burn barrels, burn piles, or burning operations on site.

(8) Fire wardens shall interview witnesses and obtain witness statements, take photographs of the scene and assist in any fire investigation, under the supervision of a Fire Investigator. However, only a law enforcement certified fire warden, BIA or Tribal law enforcement officer, or Tribal Conservation Law Enforcement officers shall have the authority to detain individuals, make arrests, carry firearms or interrogate suspects.

(d) Meet Training requirements:

Tribal Fire Wardens shall complete or have completed, the following training courses to be eligible as a Tribal Fire Warden;

(1) Online or classroom version of S-190 Fire Behavior

(2) FI-110 Wildland Fire Scene Preservation

(3) Online or classroom version of S-130 Basic Wildland Firefighter Course

(4) Completed basic hands-on S-130 field exercises (can be OJT). (or past FFT2 qualifications)

(5) Completion within 12 months of appointment of the FI-210 Wildland Fire Cause & Origin Investigation or equivalent course.

50.07.060 Means of Egress and Exit Routes

(a) General. Means of egress in new and existing buildings under the jurisdiction of the Turtle Mountain Tribe shall comply with this title and Section; applicable sections of NFPA 1 Fire Code and NFPA 101 Life Safety Code; and for places of employment, applicable OSHA regulations in 29 CFR Part 1910, subpart E – Exit Routes and Emergency Planning.

(b) Exit Access Corridors.

(1) Corridors used as exit access with an occupant load exceeding thirty (30) shall be separated by other parts of the building by walls having not less than a 1-hour fire resistance rating, unless otherwise permitted by the following: (NFPA 1: 14.2)

(A) Existing buildings where the occupancy classification has not changed since the building was originally constructed.

(B) Where otherwise provided for in Chapter 12-42 of NFPA 101.

(1) Where the applicable sections of NFPA 1 Fire Code requires an exit to be separated from other parts of a building, the separating construction shall meet applicable standards of NFPA 101 Section 8.2 and the following:

(A) In buildings of less than 3 stories, a 1-hour fire resistance rating is required.

(B) In buildings of 4 or more stories, a 2-hour fire resistance rating or otherwise in accordance with applicable standards of NFPA 1: 14.3.1 and the NFPA 101 Life Safety Code.

(2) Openings in the separation shall be protected by fire door assemblies equipped with doors closers compliant with (NFPA 101: 7.2.1.8).

(3) Penetrations into and openings through an exit enclosure shall be limited to fire doors, electrical conduit, required exit doors, ductwork for stairway pressurization, water or steam piping, sprinkler piping, standpipes, and metal conduit for fire alarm systems (NFPA 1: 14.3.1 #6).

(A) In existing buildings, existing walls of lath and plaster, gypsum wallboard or masonry shall be kept in good repair to provide protection where a 1-hour fire resistance rating is required (NFPA 1 A.14.3.1 (2).

(4) An exit enclosure shall provide a continuous protected path of travel to an exit discharge (NFPA 1: 14.3.2).

(5) An exit enclosure shall not be used for any purpose that has the potential to interfere with its use as an exit and, if so designated, as an area of refuge (NFPA 1: 14.3.3). This provision shall prohibit the use of exit enclosures for storage or for the installation of equipment not necessary for safety. The exit enclosure shall be maintained free of fire hazards and shall not be used for any other occupancy other than for egress, refuge or access (NFPA 1: A.14.3.3).

(d) Means of Egress Reliability:

(1) Means of egress shall be continuously maintained free of all obstructions or impediments to full instant use in the case of fire or other emergency (NFPA 1: 14.4.1).

(2) Any type of barrier to building egress shall be prohibited.

(3) Accumulations of ice and snow shall be kept clear from the exterior of exit enclosures, as it is an impediment to free movement (NFPA 1: A14.4.1).

(e) Furnishings and Decorations (in exit enclosures):

(1) No furnishings, decorations or other objects shall obstruct exits, access thereto, egress therefrom, or visibility thereof NFPA 1: 14.4.2.1).

(2) No obstructions by barriers, railings, or gates shall divide the means of egress into sections, appurtenant to individual rooms, apartments or other occupied spaces. Where the Fire Chief / Fire Inspector finds the required path of travel to be obstructed by furniture or other movable objects, they shall be permitted to require that such objects be secured out of the way or shall be permitted to require that such railings or other permanent barriers be installed to protect the path of travel against encroachment (NFPA 1: 14.4.2.2).

(3) Mirrors shall not be placed on exit doors. Mirrors shall not be placed in or adjacent to any exit in such a manner as to confuse the direction of egress (NFPA 1: 14.4.2.3).

(4) Every door and every principal entrance that is required to serve as an exit shall be designed and constructed so that the path of egress travel is obvious and direct. Windows that, because of their physical configuration or design and the materials used in their construction, have the potential to be mistaken for doors shall be made inaccessible by barriers or railings (NFPA 1: 14.4.2.4).

(f) Doors:

(1) General: Doors shall meet the requirements of this title and Section, with NFPA 1: 14.5 Doors, and with the NFPA 101 Life Safety Code.

(2) Any door in a means of egress shall be of the side-hinged or pivoted-swinging type, and shall be installed to be capable of swinging from any position to the full required width of the opening in which it is installed, unless otherwise exempted in NFPA 1 14.5.1.1.1 through 15.5.1.1.8 (NFPA 1: 14.5.1.1).

(3) Doors required to be of the side-hinged or pivoted-swinging type shall swing in the direction of egress travel (outward) where serving a room or area with an occupant load of fifty (50) or more (NFPA 1: 14.5.1.2).

(4) It shall be prohibited to prevent the functioning of designated fire doors by chocking or blocking them open.

(5) It shall be prohibited to barricade, chain shut or otherwise prevent the use any designated fire door or exit door, while the building is occupied.

(6) Designated fire exit doors in educational occupancies, assembly occupancies, office buildings, businesses and malls shall remain unlocked when the building is occupied unless able to be opened from the egress side (inside) with panic hardware meeting the requirements of the NFPA 101 Life Safety Code. The Fire Chief / Fire Inspector shall have the authority to order doors to be unlocked and kept unlocked during business hours. There are exceptions for correctional and detention facilities.

(7) Any exit door for an occupancy of 100 or more persons shall be required to have panic hardware or fire exit hardware (NFPA 101: 13.2.2.2.3).

(8) Fire doors, as well as doors that are required to be solid core, shall NOT include louvers (NFPA 1: 12.8.3.3).

(g) Locks, Latches and Alarm Devices: (Exceptions for correctional facilities)

(1) Doors shall be arranged to be opened readily from the egress side (inside) whenever the building is occupied (NFPA 1: 14.5.2.1).

(2) Locks, if provided, shall not require the use of a key, a tool, or special knowledge or effort for operation from the egress side (inside) (NFPA 1: 14.5.2.2).

(3) Exterior doors shall be permitted to have key-operated locks from the egress side (inside), provided that the following criteria are met (NFPA 1: 14.5.2.4):

(A) This alternative is permitted in chapters 12-42 of NFPA 101.

(B) A readily visible sign in letters not less than 1-inch high on a contrasting background that reads as follows is located on or adjacent to the door: THIS DOOR TO REMAIN UNLOCKED WHEN THE BUILDING IS OCCUPIED.

(D) A key is immediately available to any occupant inside the building when it is locked.

(E) The alternative provisions shall be permitted to be revoked by the fire Chief or fire Inspector for cause (or non-compliance) NFPA 1: 14.5.2.5).

(F) Where permitted in Chapters 12-42 of NFPA 101, key operation shall be permitted, provided that the key cannot be removed when the door is locked from the egress is to be made (inside) (NFPA 1: 14.5.2.6).

(4) A latch or other fastening device on a door shall be provided with a releasing device that has an obvious method of operation and that is readily operated under all lighting conditions (NFPA 1: 14.5.2.9). Examples of such devices include knobs, levers, or panic bars capable of being operated with one hand, without special knowledge or procedures.

(5) Devices shall not be installed in connection with any door on which panic hardware or fire exit hardware is required where such devices prevent or are intended to prevent the free use of the door for purposes of egress, except for delayed-egress and access-controlled egress doors permitted under NFPA 1: 14.5.3 and NFPA 101, if approved by the Fire department. (NFPA 1: 14.5.2.11). Examples of devices that shall be prohibited on panic hardware or fire exit hardware doors includes, but is not limited, to locks, padlocks, chains, hasps, or combinations thereof.

(NOTE: School events and bars or night clubs with cover charges are notorious for doing this. People pile up against the door as there is no way out.)

(h) Panic Hardware and Fire Exit Hardware: (Exceptions for correctional facilities)

(1) Where panic hardware or fire exit hardware is required, it shall comply with the provisions of this title and Chapter; and, with applicable provisions of the NFPA 1 Fire Code and NFPA 101 Life Safety Code.

(2) Where a door is required to be equipped with panic or fire exit hardware, such hardware shall meet the following criteria (NFPA 1: 14.5.3.3.1):

(A) It shall consist of a cross bar or a push pad, the actuating portion of which extends across not less than one-half (1/2) of the width of the door leaf.

(B) It shall be mounted as follows:

(D) Existing installations shall be not less than 30 inches, nor more than 48 inches, above the floor.

(E) It shall be constructed so that a horizontal force not to exceed 15 lbf actuates the cross bar or push pad and latches.

(3) Only approved panic hardware shall be used on doors that are not fire doors. Only approved fire exit hardware shall be used on fire doors (NFPA 1: 14.5.3.3.2).

(4) Required panic hardware and fire exit hardware, in other than detention and correctional facilities, shall NOT be equipped with any locking device, set screw, or other arrangement that prevents the release of the latch when pressure is applied to the releasing device (NFPA 1: 14.5.3.3.3).

(5) Devices that hold the latch in the retracted position shall be prohibited on fire exit hardware, unless such devices are listed and approved for such purposes (NFPA 1: 14.5.3.3.4).

(i) Self-Closing Devices:

(1) A door, specifically a fire door, required to be kept closed shall NOT be secured in the open position at any time and shall be self-closing or automatic-closing in accordance with this title and Section; and, with the applicable provisions of NFPA 1 and NFPA 101 (NFPA 1: 14.5.4.1). Specifically, doors required to be kept closed shall not be secured open with wedges, chocks, or kept blocked open by any means.

(2) In any building of low or ordinary hazard contents as defined in 6.2.2.2 and 6.2.2.3 of NFPA 101, or where approved by the Fire Chief or Fire Inspector, doors shall be permitted to be automatic closing, provided that the following criteria are met (NFPA 1: 14.5.4.2):

(A) Upon release of the hold-open mechanism, the door becomes self-closing.

(B) The release device is designed so that the door instantly releases manually, and, upon release, becomes self-closing, or the door can be readily closed.

(C) The automatic releasing mechanism or medium is activated by the operation of approved smoke detectors installed in accordance with the requirements for smoke detectors for door release service in NFPA 72 National Fire Alarm Code®.

(D) Upon loss of power to the hold-open device, the hold-open mechanism is released and the door becomes self-closing.

(E) The release by means of smoke detection of one door in a stair enclosure results in closing all doors serving that stair (NFPA 101: 7.2.1.8.2).

(j) Enclosure and Protection of Stairs:

(1) All inside stairs serving as an exit or exit component shall be enclosed as per NFPA 1 Section 14.3 Exits and with NFPA 1: 7.2.2.5.1.1 (NFPA 1: 14.6.1).

(2) Inside stairs, other than those serving as an exit or exit enclosure, shall be protected in accordance with Section 8.6 of NFPA 101 (NFPA 1: 14.6.1.2).

(3) Usable Space, Storage: Enclosed, usable spaces, (i.e. storage), within exit enclosures shall be prohibited, including under stairs, unless the following criteria are met, below, as per NFPA 1: 14.6.3.2 (NFPA 1: 14.6.3):

(A) The space is separated from the stair enclosure by the same fire resistance as the exit enclosure. (usually at least 1-hour)

(B) Entrance to the enclosed, usable space (storage), shall not be from within the stair enclosure (NFPA 101: 7.2.2.5.3.2)

(k) Capacity of Means of Egress:

(1) Sufficient Capacity for Occupant Load: The total capacity of the means of egress for any story, balcony, tier, or other occupied space shall be sufficient for the occupant load thereof. (NFPA 1: 14.8.1.1) Refer to NFPA 1: 14.8 and NFPA 101: 7.3.1.1 and the associated handbooks for guidance.

(2) Occupant Load Factor: The occupant load in any building or portion thereof shall be not less than the number of persons determined by dividing the floor area assigned to that use by the occupant load factor for that use as specified in NFPA 1: Table 14.8.1.2 and Figure 14.8.1.2. Where both gross and area figures are given for the same occupancy, calculations shall be made applying the gross figure to the gross area of the building devoted to that use; and, the net area figure to the net portion of the building devoted to that use (as per NFPA 1: 14.8.1.2 and NFPA 101: 7.3.1.2.).

(l) Minimum Width of Corridors, Exit Passageways: (NFPA 1: 14.8.3.3)

(1) The width of any means of egress shall be not less than that required for a given egress component in Chapter 7 or Chapters 12-24 of NFPA 101.

(2) New construction (2003 or later): Unless otherwise provided for in NFPA 1: 14.8.3.3 and NFPA 101, the required width of any means of egress shall be not less than 36 inches.

(3) In existing buildings (before 2003) the width of exit access shall be permitted to be not less than 28 inches. This shall not apply to doors, assembly occupancies as per Chapters 12-13 of NFPA 101, or to industrial equipment access as per Chapter 40 of NFPA 101.

(4) Where a single exit access leads to an exit, its capacity in terms of width shall not be less than the required capacity of the exit to which it leads (NFPA 1: 14.8.3.3.2).

(5) Where more than one exit access leads to an exit, each shall have a width adequate for the number of persons it accommodates (NFPA 1: 14.8.3.3.3).

(6) In educational occupancies (schools), exit access corridors shall have not less than 72 inches of clear width (NFPA 101: 15.2.3.2). Aisles in educational occupancies shall not be less than 30 inches wide (NFPA 101: 15.2.5.6).

(m) Number of Means of Egress: (NFPA 1: 14.9.1)

(1) The number of means of egress from any balcony, mezzanine, story, or portion thereof shall not be less than two, unless specifically exempted in NFPA 101 Life Safety Code Chapters 11-42.

(2) The number of means of egress from any story or portion thereof for an occupant load of more than 500 but no more than 1000 shall be not less than three (3) (NFPA 1: 14.9.1.2).

(3) The number of means of egress from any story or portion thereof for an occupant load of more than 1000 shall be not less than four (4).

(n) Arrangement of Means of Egress: (NFPA 1: 14.10)

(1) Exits shall be located and exit access shall be arranged so that exits are readily accessible at all times (NFPA 1: 14.10.1.1).

(2) Exit access corridors shall provide access to not less than two (2) approved exits, unless otherwise provided in NFPA 101: 7.5.1.1.2.

(3) Corridors shall provide exit access without passing through any intervening rooms other than corridors, lobbies, and other spaces permitted to be open to the corridor, unless otherwise provided for in accordance with NFPA 1: 14.10.1.2.1 or 14.10.1.2.2, (NFPA 1: 14.10.1.2).

(4) Where more than one exit is required from a building or portion thereof, such exits shall be remotely located from each other and shall be arranged and constructed to minimize the possibility that more than one has the potential to be blocked by any one fire or other emergency condition (NFPA 1: 14.10.1.3.1). For specifics, refer to the NFPA 1 Fire Code Handbook.

(5) Where two exits or exit access doors are required, they shall be placed at a distance from one another not less than one-half (1/2) the length of the maximum overall diagonal dimension of the building or area to be served; measured in a straight line between the nearest edge of the exit doors or exit access doors, unless otherwise provided in NFPA 1: 14.10.1.3.3 through 14.10.1.3.5 (NFPA 1: 14.10.1.3.2). Refer to Figure A.14.10.1.3.2 (a) and (b) in the NFPA 1 Fire Code Handbook.

(6) Exit access shall be arranged so that there are no dead ends in corridors, unless permitted by, and limited to the length specified in, Chapters 12-42 of NFPA 101 (NFPA 1: 14.10.1.5)

(A) In existing assembly occupancies, dead-end corridors shall not exceed 240 inches, or 20 feet (NFPA 101: 13.2.5.1.2).

(B) In educational occupancies, no corridor shall exceed 20 feet in length, unless sprinklered, in which case dead-end corridors shall not exceed fifty feet (NFPA 101: 13.2.5.2).

(o) Impediments to Egress: (NFPA 1: 14.10.2)

(1) Access to an exit shall NOT be through kitchens, storerooms (other than that provided in NFPA 101: Chapters 36,37), restrooms, workrooms, closets, bedrooms or similar spaces, or other rooms subject to locking, (unless passage is permitted per NFPA 101 Chapters 18,19,22,23) (NFPA 1: 14.10.2.1).

(2) Access to an exit shall NOT be through hazardous areas, as defined in NFPA 101: 13.2.2. (NFPA 101: 13.2.5.2).

(3) Exit access and exit doors shall be designated and arranged to be clearly recognizable (NFPA 1: 14.10.2.2).

(4) Hangings or draperies shall NOT be placed over exit doors or located so that they conceal or obscure any exit (NFPA 1: 14.10.2.2.1).

(5) Mirrors shall NOT be placed on exit doors (NFPA 1: 14.10.2.2.3).

(6) Mirrors shall NOT be placed in or adjacent to any exit in such a manner as to confuse the direction of exit (NFPA 1: 14.10.2.2.4).

(p) Illumination of Means of Egress: (NFPA 1: 14.12)

(1) Exit paths and means of egress, including designated stairs, aisles, corridors, ramps, escalators, and passageways leading to an exit shall be illuminated anytime the building is occupied, in accordance with NFPA 1: 14.12 and NFPA 101: 7.8.1.1.

(2) Illumination of means of egress shall be continuous during the time that the conditions of occupancy require that the means of egress be available for use, unless otherwise provided by automatic motion sensor-type lighting switches in accordance with NFPA 101: 7.8.1.2.2. (NFPA 1: 14.12.1.2).

(3) Sources of Illumination: (NFPA 1: 14.12.1)

(A) Illumination of means of egress shall be from a source considered reliable by the AHJ (Fire Chief / Fire Inspector), like a public utility electric service. (NFPA 1: 14.12.1.1).

(B) Battery-operated electric lights, (solar lights), and other types of portable lamps or lanterns shall not be used for primary illumination of means of egress. Battery-powered lights shall be permitted to be used as an emergency source. (NFPA 1: 14.12.2.2).

(q) Emergency Illumination (Emergency Exit Lights and Lighting):

(1) General: Emergency lighting for means of egress, where required by NFPA 1 Fire Code and NFPA 101 Life Safety Code; or, the Fire Chief / Fire Inspector; shall be installed, tested and maintained in accordance with NFPA 1:14.13, the NFPA 101 Life Safety Code, and to this title and Section. Emergency lighting shall be wired in accordance with the NFPA 70 National Electric Code. All emergency lights installed shall be UL® listed. Batteries installed or replaced shall be as specified by the manufacturer, as per the owner's manual.

(2) Emergency lighting facilities for means of egress shall be provided for the following occupancies and locations: (NFPA 1: 14.13.1)

(A) Buildings or structures where required in NFPA 101 Ch. 11-42.

(B) Underground and limited access structures addressed in Section 11.7 of NFPA 101.

(D) Doors equipped with delayed-egress locks.

(E) Stair shafts and vestibules of smokeproof enclosures in accordance with NFPA 1: 14.13.1.1 (5).

(3) Emergency lighting facilities for means of egress shall also be provided where required by the Fire Chief / Fire Inspector or AHJ.

(4) Periodic Testing: Periodic testing shall be done in accordance with manufacturer's instructions, Section 14.13.2 of NFPA 1, or in accordance with NFPA 101: 7.9.3.1.

(5) Where manual testing is required, it shall be conducted in accordance with NFPA 1: 14.13.2.1.1. as follows:

(A) Functional testing shall be conducted at 30-day intervals for not less than 30 seconds.

(B) Functional testing shall be conducted annually for not less than 1 ½ hours if the emergency lighting system is battery powered.

(D) Written records of visual inspections and tests shall be kept by the owner for inspection by the Fire Chief / Fire Inspector.

(r) Marking of Means of Egress; EXIT and Directional Signs:

(1) Means of egress shall be marked and signed in accordance with this title and Section; with NFPA 1 Section 14 and NFPA 101 Life Safety Code; and with applicable OSHA rules and regulations in 29 CFR Part 1910, subpart E – Exit Routes and Emergency Planning.

(2) Exits: Exits, other than main exterior exit doors that obviously and clearly are identifiable as exits, shall be marked by an approved sign that is readily visible from any direction of exit access (NFPA 1: 14.14.1.2).

(3) Exit Access: Access to exits shall be marked by approved, readily visible signs in all cases where the exit or way to reach the exit is not readily apparent to the occupants (NFPA 1: 14.14.1.5.1). Signs shall comply with NFPA 101 Chapter 7. Externally illuminated signs shall be in accordance with 7.10.6 of NFPA 101, and shall be able to be viewed at 100 feet.

(4) Visibility of EXIT and Directional Signs: Every exit and directional sign required by this title and Section; or required by NFPA 101 or OSHA Standards, shall be located and of such size, distinctive color, and design that it is readily visible and shall contrast with decorations, interior finish, or other signs. No decorations, furnishings or equipment that impairs visibility of a sign shall be permitted. No brightly illuminated sign (for other than exit purposes), display, or object in or near the line of vision of the required exit sign that could detract attention from the exit sign shall be permitted (NFPA 1: 14.14.1.8).

(5) Directional signs (EXIT >): A sign complying with 7.10.3 of NFPA 101 with a directional indicator showing the direction of travel (to the closest exit) shall be placed in every location where the direction of travel to reach the nearest exit is not apparent (NFPA 1: 14.14.2).

(6) Sign Legend:

(A) Exit signs required by this title and Section shall read as follows in plainly legible letters, in red, with a contrasting background: EXIT.

(B) International pictographs, as in NFPA 170, shall be permitted to be used, in addition to, but not in lieu of, EXIT or directional signs with text.

(7) Illumination of Exit & Directional Signs:

(A) Every EXIT and directional sign required under this title and Section shall be suitably illuminated by a reliable light source. Externally and internally illuminated signs shall be legible in both the normal and emergency lighting modes (NFPA 1: 14.14.5.1).

(B) Every sign required to be illuminated shall be continuously illuminated as required of Section 7.8 of NFPA 101, (except for flashing EXIT signs complying with NFPA 101: 7.10.5.2.2) (NFPA 1: 14.14.5.2.1).

(8) Externally Illuminated EXIT and Directional Signs:

(A) Size: Externally illuminated signs, other than approved existing EXIT signs, shall read EXIT in plainly legible letters sized as follows: (NFPA 1: 14.14.6.1.1)

(i) For new signs, the letters shall not be less than 6 inches high, with the principal brush strokes not less than ¾ inc wide.

(ii) For existing signs, the lettering shall not be less than 4 inches high.

(iii) The word EXIT shall be of a width not less than 2 inches expect the letter I, and the minimum spacing between letters shall not be less than 3/8 inch.

(B) Directional Indicators: Acceptable directional indicators shall be of an approved chevron type, shall comply with NFPA 101 7.10.6.2.1, and shall read as follows in regards to left or right orientation:

(i) EXIT>

(ii) <EXIT

(iii) <EXIT>

(9) Internally Illuminated EXIT and Directional Signs: (NFPA 1: 14.14.6.4)

Internally illuminated signs, shall be approved signs, listed in accordance with UL 924 Standards for Emergency Lighting and Power Equipment, with no exceptions permitted.

(10) Photo luminescent EXIT Signs: The face of a photo luminescent sign shall be continuously illuminated while the building is occupied. The illumination levels on the face of the sign shall be in accordance with its listing. The charging illumination shall be a reliable light source, such as that provided by a utility electric company. (NFPA 1: 14.14.6.4.2).

(s) No Exit:

(1) Any door, passage, or stairway that is neither an exit nor a way of exit access and that is located or arranged so that it is likely to be mistaken for an exit shall be identified by a sign that reads NO EXIT. Supplementary information such as BASEMENT, STOREROOM, CLOSET, UTILITY ROOM, etc. is permitted. (NFPA 1: 14.14.6.5.3.1).

(2) The NO EXIT sign shall have the word NO in letters 2 inches high, with a stroke width of at least 3/8 inch, the word EXIT in letters 1 inch high, below the word NO, unless the sign is an approved existing sign. (NFPA 1: 14.14.6.5.3.2).

(t) Secondary Means of Escape: Where approved on secondary means of egress, security bars, grates, grills, or similar devices shall be equipped with approved release mechanisms that are releasable from the inside without the use of a tool, a key, special knowledge, or force greater than what it takes for normal operation of the door or window.

50.07.070 Incinerators

The use of incinerators shall be prohibited except by special permit from an authorized fire inspector.

50.07.080 Miscellaneous Use of Torches/Welding Equipment

(a) General. Any person using a torch or other flame-producing device for removing paint from any building or structure within the scope of this section or for sweating pipe joints, cutting, heat welding seams, thawing pipes, building construction or demolition shall provide at least one approved minimum 2-A rated water type fire extinguisher, or minimum ½" diameter water hose connected to the water supply at the site where the burning is done.

(b) Attendance. A fire watch shall be maintained in effect for at least ½ hour after each use of the torch or flame-producing device under paragraph 1, above.

(c) Electric Welding. The provisions of paragraphs 1 and 2, above, shall apply to the uses specified in paragraph 1, above, applicable to electrical welding equipment.

(d) Storage Requirements. Storage of fuel gases, oxygen and calcium carbide for gas welding and cutting shall satisfy the following minimum requirements.

(1) All gas cylinders shall be secured to prevent falling; and

(2) Cylinders stored outside shall be protected from accumulations of ice and snow.

(3) Cylinders stored inside buildings shall be segregated from highly combustible materials and operations likely to cause an excessive rise in temperature or mechanical damage.

(4) Inside storage of fuel gases and oxygen shall be separated by a minimum of 20 feet or by a ½-hour fire-resistive partition.

(e) Hand Trucks. Hand trucks for portable gas welding and cutting equipment shall be provided with chains or steadying devices to prevent cylinders from being knocked over while being moved or while in use.

50.07.090 Accumulation of Combustible Waste and Refuse

(a) General. Accumulation of litter or combustible or flammable waste may not be permitted to remain longer than 24 hours in any courtyard, vacant lot, alley, parking lot or open space unless in closed metal, noncombustible or other approved containers.

(b) Vegetation.

(1) Building/Property Owner Responsibility: On any land under the jurisdiction of the Turtle Mountain Tribe, it shall be the responsibility of the property owner, lessee, or person(s) managing or controlling such property to cut down and remove all weeds, grass over six inches (6") tall, vines, vegetation, or vegetative debris which could or does endanger property through the spread of fire.

(2) The Fire Chief or Fire Inspector shall notify the property owner when they determine that such uncut weeds, grass, vines or other vegetation is a fire hazard.

(c) Fire Hazard. No person owning or having control of any property shall allow any combustible waste material to accumulate in any area or in any manner that creates, or could create, a fire hazard to life and property. (NFPA 1: 19.1.2).

(d) Storage Within Buildings for waste shall be as follows:

(1) All combustible rubbish or waste material not stored in approved covered, metal or noncombustible containers and not located in rooms of at least one-hour rated fire-resistive construction shall be removed from the building at least once every 24 hours.

(2) Oily waste and oily rags, when not in actual use, shall be kept in self-closing metal waste cans, set firmly on 3-inch legs or approved noncombustible containers and located at least 10 feet from any combustible materials.

(3) All chemically-soiled wastes with the potential for spontaneous combustion shall be kept in self-closing metal waste cans until removed from the building.

(4) Nuisance or Hazard. Storage of waste may not produce conditions which in the opinion and judgement of the authorized fire inspector will tend to create a nuisance or a hazard to public safety.

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).

(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).

50.07.110 Cleanliness

Every public building and place of employment, including connecting yard(s), court, passages, areas or alleys, shall be kept clean and orderly, and shall be kept free from any accumulation of dirt, filth, rubbish, garbage or other matter.

50.07.120 Prohibition of Smoking

(a) General. Smoking or carrying of lighted smoking materials shall be prohibited in public buildings and places of employment where flammable materials are handled, sold or stored.

(b) Designated Safe Locations. The authorized fire inspector may designate specific safe locations in any building, structure or place in which smoking may be permitted.

(1) "No Smoking" signs shall be posted in each building, structure, room or place in which smoking is not permitted.

(2) No person may obscure, remove, deface, mutilate or destroy a posted "No Smoking" sign.

(3) No person may smoke, throw or deposit any lighted or smoldering substance in any place where "No Smoking" signs are posted.

(4) Noncombustible ashtrays shall be provided at locations where smoking is permitted. The ashtrays shall be of a design and construction to prevent smoking materials from falling out of the ashtray.

50.07.130 Open Flame or Light

(a) General. No person may take an open flame into any room or area, or other place where flammable, highly combustible or explosive material is kept.

(b) Open Flame Candles and Fixtures. Except as provided below, the use of open flame candles or open flame fixtures in public buildings and places of employment shall be prohibited. Exceptions to this shall be subject to the approval of the authorized fire inspector.

(1) Open flame candles or open flame fixtures may be used in tribal buildings as part of a religious, fraternal, or ceremonial ritual.

(2) Candles may be used in restaurants, supper clubs and similar occupancies provided the candle is enclosed on all sides with glass or similar noncombustible material and the enclosure extends at least one inch above the tip of the flame.

(3) Open flame food warming candles may be used in restaurants, supper clubs and similar occupancies.

50.07.140 Open Burning/Bonfires

All persons shall obtain authorization from the local Fire and Rescue Department before kindling or maintaining any open burning or authorizing the kindling or maintaining of any open burning within the applications of this title for Dilapidated or Vacant Buildings.

50.07.150 Dilapidated Buildings

(a) Any building which for any reason is especially liable to fire and which is located as to endanger other buildings or property shall be repaired and put in safe and sound condition or shall be torn down and all materials removed.

(b) Conditions considered especially liable to fire shall include, but are not limited to, the following missing or rotten shingles or similar defects on the roof, loose, missing or rotten siding, unnecessary wall openings, broken plastering, holes in floors, ceilings or partitions, cracked or defective chimneys, and or other conditions determined hazardous by the authorized fire inspector.

Within 30 days of written notification, the owner of the dilapidated building as specified in paragraph (1) shall decide whether to repair or tear down the building. Within 30 days of decision, the building shall be repaired or torn down and all materials removed.

50.07.160 Vacant Buildings

(a) Upon vacating or abandoning any premises, the owner shall remove any and all noxious and hazardous material or waste matter and the premises shall be left in a clean and neat condition.

(b) Every person owning or in charge of or control of any vacant building shall remove all accumulations of flammable or combustible waste or rubbish and shall securely lock, barricade or otherwise secure all doors, windows and other openings.

(1) Building/Property Owner Responsibility: It shall be the responsibility of any person owning, leasing, in charge of or in control of any vacant building or abandoned structure, to abate, cut and remove all weedy growth, grass over six inches (6") in height, vines, brush, dead vegetation, and woody debris from the exterior of the building for a distance of at least thirty feet (30') from the vacant building and attached structures.

(2) Notice to Cut, Destroy or Remove: The local Fire Chief or Fire Inspector shall be authorized and empowered to notify in writing the owner, lessee, or person(s) in charge of or in control of such vacant building to abate or cut and remove or destroy any weedy growth, grass over six (6) inches in length, or other noxious growth and woody debris found growing, lying, on located adjacent to the vacant building or upon the driveway abutting the building, when determined by the Fire Chief or Fire Inspector to be a fire hazard or source of nuisance fires.

(3) Action Upon Noncompliance-Cost Assessed to Property: Should the owner of the property not respond within five (5) business days after receipt of the written notice, the Tribal Chairman, or his/her authorized representative, is authorized to abate the weedy growth on the property and either bill the owner or place a lien upon the property for the cost of abatement by the tribe.

50.07.170 Electrical Fire Hazards

(a) General Requirements:

(1) All electrical appliances, fixtures, equipment, or wiring shall be installed and maintained in accordance with the latest edition of NFPA 70 National Electrical Code and with this title and section.

(2) All appliances, fixtures, and applicable equipment shall by listed by Underwriters Laboratories (UL) ® or other nationally recognized testing agency.

(b) Extension Cords:

(1) General.

(A) Extension cords shall be listed by Underwriters Laboratories (UL®) or other approved nationally recognized testing agency.

(B) The current-carrying capacity of the extension cord shall not be exceeded.

(C) Extension cords shall be of a 3-wire grounding type when used in conjunction with devices equipped with 3-prong grounding type attachment plugs.

(D) Extension cords may not be multiplied or plugged into one another, except for temporary wiring at construction sites complying with Article 305 of the National Electrical Code (NEC).

(2) Application.

(A) Extension cords shall only be used for temporary wiring and shall not be substituted for permanent wiring.

(B) Extension cords shall be permitted only with portable appliances, hand tools or fixtures.

(C) Except for listed multi-tap extension cords with built-in over-current protection, each extension cord shall serve only one portable appliance, hand tool or fixture.

(D) Extension cords shall not be attached to structures or extended through walls, ceilings, floors, under or through doors, or floor coverings.

(E) Extension cords shall not be subject to environmental damage or physical impact.

(F) Extension cords may be used for temporary wiring at construction sites complying with Article 305 of the NEC.

(G) The ampacity of the extension cords shall not be less than the rated capacity of the portable appliance (NFPA 1: 11.1.5.3.2).

(H) Extension cords shall be maintained in good condition without splices, deterioration, or damage (NFPA 1: 11.1.5.3.3).

(I) Relocatable power tap cords shall not extend through walls, ceilings, or floors; under doors or floor coverings; or be subject to environmental or physical damage. (NFPA 1: 11.1.5.2.3).

(1) The Fire Chief / Fire Inspector shall be permitted to prohibit the use of portable electric heaters in occupancies or situations where such use or operation would present an undue danger to life or property (NFPA 1: 11.5.3.1).

(2) Portable electric heaters shall be designed so that they cannot be easily overturned (NFPA 1: 11.5.3.2) and shall be equipped with tip-over and over-heat protection (automatic shut-off).

(3) All portable electric heaters shall be UL® listed (NFPA 1: 11.5.3.3).

(4) At least three feet (3 ft.) of clearance shall be maintained, on all sides, from heaters, to any flammable or combustible materials

(5) Portable electric heaters shall be plugged directly into wall outlets rather than to extensions cords or power taps.

(6) Portable heaters shall be unplugged when the room or building is unoccupied.

(7) In any occupancy or building where a portable electric heater is in use, a fire extinguisher(s) shall be provided, rated for Type "C" fires involving energized electrical equipment.

(8) Portable electric heaters shall not be placed, unattended, in children's sleeping rooms.

(9) Portable electric heaters shall not be allowed to block or impede fire egress routes, corridors or exit doors.

(10) Portable heaters shall be prohibited in rooms or areas where highly combustible materials, flammable liquids, or flammable gasses are stored, or used.

(d) Electrical fuse boxes, breaker boxes and switch-boards.

(1) A clear width of thirty inches (30") and a minimum height of seventy-eight inches (78") shall be maintained from the face of electrical boxes to an aisle or corridor and shall not be used for storage (NFPA 70: 110.26)

(2) Breakers shall be labelled as to their intended use.

(3) Breaker boxes shall be enclosed with the door kept closed except for servicing.

(4) The correct breakers and fuses shall be used, for the required ampacity that the circuit supplies.

(5) Only UL® listed fuses and breakers shall be used for repairs.

50.07.180 Food Preparation Equipment

(a) Exhaust systems and automatic fire suppression systems provided for food preparation equipment shall be maintained, in accordance with NFPA 96 Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations; and in a manner so as not to create a hazardous condition.

(b) In any commercial kitchen, a UL® rated Class K or A:K (kitchen) fire extinguisher, of an least 6 liter capacity, shall be provided where there is a potential for fires involving combustible cooking media (vegetable or animal oils and fats) (NFPA 1: 13.6.6.7) (NFPA 1: 50.4.12).

(1) Maximum travel distance shall not exceed thirty feet (30 ft.) from the hazard to the extinguisher(s) (NFPA 1: 13.6.6.7.2).

(2) The portable fire extinguisher shall not be located above or behind a cooking appliance, stove or deep fat fryer where flames could impede access to it.

(3) The fire extinguisher(s) shall be installed, serviced, and maintained by a reputable fire extinguisher sales & service company, in accordance with NFPA 10 Portable Fire Extinguishers.

(4) The Class K fire extinguisher shall be required, in addition to any required automatic fire extinguishing system (NFPA 1: 50.4.4.1).

(5) Where an automatic fire extinguishing system is present, a placard identifying the use of the fire extinguisher as a secondary backup means to the automatic fire extinguishing system shall be conspicuously placed near every portable fire extinguisher in the cooking area. (NFPA 1: 50.4.4.2)

(1) Location & Installation: All deep fat fryers shall be installed with at least a 16 inch space between the fryer and surface flames from adjacent stoves or cooking equipment (NFPA 1: 50.6.1.2.4).

(2) Operating Controls: Deep fat fryers shall be equipped with a separate high-limit control in addition to the adjustable operating control (thermostat) to shut of fuel or electricity when the fat temperature reaches 475°F at one inch below the surface (NFPA 1: 50.6.2).

(d) Automatic Fire Suppression Systems. Exhaust hoods and ducts in kitchens used for commercial purposes shall be protected by an approved automatic fire suppression system. Commercial purposes shall be defined as a for profit operation. (An exception will be made by an authorized fire inspector if he/she finds that the operation is determined to be a non-risk operation.) The suppression system shall comply with the following:

(1) When the fire suppression system is activated, all gas and electrical sources serving cooking appliances, grease consuming appliances or fume incinerators and equipment associated with the hoods shall be automatically deactivated.

(2) Such gas and electrical sources shall not be capable of reactivation except by manual means after the fire suppression system has been serviced and is again ready for action.

(3) Cooking equipment shall not be operated while its fire extinguishing system or exhaust system is non-operational or is otherwise impaired (NFPA 1: 50.5.1.6).

(e) Automatic/Manual Activation.

(1) Except as provided in paragraph (b), below, hood and duct suppression systems shall provide for both automatic and manual actuation of the system.

(2) Automatic fire sprinkler systems using water need not be provided with means for manual actuation.

(3) A manual station for actuation of the suppression system shall be located at or near one of the means of egress from the area but not nearer than 10 feet to the range hood and shall be securely mounted not less than 4 ½ feet nor more than 5 feet above the floor, unless otherwise specifically approved by the authorized fire inspector having jurisdiction.

(A) The system shall be maintained at full operating capacity by the owner and shall be serviced every 6 months and all nozzles shall be accessible for cleaning and replacement.

(B) Hoods, grease removal devices, fans, ducts and other devices shall be inspected and cleaned semi-annually or more often as needed to remove grease and deposits of residues. The authorized fire inspector may require verification of cleaning and inspection in writing.

(f) Fire Extinguishing Systems. Fire extinguisher systems shall be inspected semi-annually and checked for proper operation by a factory-authorized service representative. Inspections shall include a check that supply of extinguishing agent in the system is adequate, and all actuation components are operating satisfactorily.

(1) Fusible links shall be replaced at least annually.

(2) A copy of the semi-annual inspection report shall, upon request, be sent to the authorized fire inspector.

(3) Instructions for manually operating the fire extinguishing system shall be posted conspicuously in the kitchen, and employees shall be trained in operating procedures.

(g) Fire Dampers. Any fire dampers, if employed, shall be tested semi-annually to insure proper functioning of all parts.

(h) Unsafe Heating Appliances.

(1) Any existing stove, oven, furnace, incinerator, boiler or any other heat producing device or appliance found to be defective or in violation of code requirements may not be used. The authorized fire inspector shall order the discontinuation of use with a written notice to the owner, firm, agent or operator of the equipment to cease use immediately.

(2) The authorized fire inspector shall take appropriate action when inspection shows the existence of an immediate fire hazard or that a device or appliance imperils life.

(3) The defective appliance shall remain withdrawn from service until all necessary repairs or alterations have been made.

50.07.190 Service Equipment Areas

(a) Illumination. Illumination shall be provided for all service equipment areas, motor control centers and electrical panelboards.

(b) Clearance for infrastructure and electrical.

(1) Clearance of not less than 36 inches shall be provided between all electrical service equipment and storage.

(2) Clearances to heat producing equipment shall be provided as specified in the listing for the equipment.

50.07.200 Tents and Air Supported Structures

The requirements of this part shall apply to all tents, except those used exclusively for construction purposes.

(a) Area Limitations and Setbacks.

No tent shall be erected to cover more than 75 percent of the premises on which it is located.

(b) Setback to Property Line and Other Structures.

(1) Tents used for assembly purposes which cover 1500 square feet or more of ground area shall be located at least 20 feet from any other structure or adjoining property lines.

(2) Concessions and other tents not used for assembly purposes need not be separated from each other and may be located less than 20 feet from other structures.

Poles and other members supporting tents shall be of sufficient size and strength to support the structure safely without exceeding the stresses.

(d) Wind Load.

(1) All tents shall be adequately guyed, supported and braced to withstand a wind pressure or suction of not less than 10 pounds per square foot.

(2) The poles, guys, stakes, fastenings and similar devices shall be of sufficient strength and so attached as to resist a wind pressure of at least 20 pounds per square foot of projected area of tent.

(e) Certification of Flame Proofing. All tents used for assembly purposes or in which animals are stabled and all other tents used by the public in places of outdoor assembly shall be effectively flameproofed. The owner shall furnish a certificate or a test report by a recognized testing engineer or laboratory as evidence that such tents have the required flame resistance.

(f) Fire Hazards.

(1) The ground enclosed by a tent used in connection with a place of outdoor assembly and for a distance of not less than 10 feet outside such structure on all sides shall be cleared of all flammable material or vegetation which will transmit fire.

(2) The premises shall be kept free from such flammable material during the period the premises are used by the public.

(3) No smoking or unapproved open flame of any kind shall be permitted in any tent while occupied by the public. "No Smoking" signs shall be conspicuously posted in all tents open to the public.

(4) Combustible and flammable liquids shall be isolated in accordance with NFPA 30.

(g) Every tent occupied by the public shall have at least 2 standard exits located at or near opposite ends of the structure.

(1) In tents used for assembly purposes, exits shall be provided on 3 sides if the capacity exceeds 600 persons and on 4 sides where the capacity exceeds 1000 persons.

(2) Exits shall be uniformly distributed but in no case shall the line of travel to an exit be greater than 150 feet.

(3) The total width of exits from a tent used for assembly purposes shall be not less than 44 inches per 100 persons. Exit openings shall comply in all respects with the requirements of NFPA 101.

(h) Electrical Installations.

(1) Electrical systems in all tents used as places of outdoor assembly shall be installed in accordance with the requirements of the NEC. All such systems shall be maintained and operated in a safe and workmanlike manner.

(2) The electrical system and equipment shall be isolated from the public by proper elevation and guarding. All electrical fuses and switches shall be installed in approved enclosures. Cables laid on the ground or in areas traversed by the public shall be placed in trenches or protected by approved covers.

(i) Fire Extinguishers. Portable fire extinguishers shall be installed as specified in NFPA 10.

(j) Illumination; Exit Lights and Signs.

(1) All exits, aisles and passageways leading to exits in tents used as places of outdoor assembly shall be kept adequately lighted at all times when the structure is occupied by the public. Artificial illumination having an intensity of not less than 2.5 foot-candles at the floor line shall be provided when natural light is inadequate.

(2) Exit lights and signs complying with the requirements of NFPA 101, shall be provided in all tents used as places of outdoor assembly where more than 100 persons can be accommodated.

50.07.210 Use and Display of Fireworks

(a) Fireworks Use Restrictions. The discharge, ignition or use of consumer fireworks and pyrotechnic devices shall be prohibited as follows:

(1) Within 300 feet of a motor vehicle dispensing station, fuel pumps, propane distribution dispenser, or other area dispensing flammable and combustible liquids or gasses.

(2) Within 300 feet of a bulk fuel dispensing station.

(3) Within 300 feet of any consumer fireworks store, stand or warehouse.

(4) In or near any forests, grasslands, or flammable brush during the months of April through May and September through October; or, at other times when the use of fireworks is prohibited by the Tribe due to wildland fire danger or drought conditions.

(5) Within 50 feet of residential structures or buildings.

(6) Within 300 feet of a school, police station, or government building.

(b) Public displays. All professional fireworks displays intended for the public shall be required to have the Fire Department present. The public shall be kept back at least 300 feet from the ignition area.

(c) Indoor Pyrotechnic Displays Prohibited. The ignition, discharge or use of any consumer fireworks and the use of any pyrotechnic device(s) for public display or special effects purposes shall be prohibited inside of any assembly occupancy (bar, night club, casino, music hall) or educational occupancy (school).

(https://en.wikipedia.org/wiki/The_Station_nightclub_fire)

NOTE: See next section for sales, handling and storage of consumer fireworks.

50.07.220 Sale, Handling and Storage of Consumer Fireworks

The sale, handling and storage of retail sales of consumer fireworks in both new and existing buildings, and permanent or temporary facilities shall comply with NFPA 1124 Code for the Manufacture, Transportation, and Storage of Fireworks and Pyrotechnic Articles; with Section 65.11 and applicable provisions of NFPA 1 Fire Code; and with this title and Section.

(a) General Requirements for Retail Sales of Consumer Fireworks:

(1) [Professional] Display Fireworks and Pyrotechnic Articles: Retail sales of [professional] display fireworks and pyrotechnic articles, including the related storage and display for sale of such fireworks, shall be prohibited at a consumer fireworks retail store (NFPA 1: 65.11.2.2).

(2) Consumer Fireworks: Retail sales of consumer fireworks, including their related storage and display for sale of such fireworks, shall be in accordance with this title and Section, with Section 65.11 of NFPA 1, and with applicable Federal laws, except for existing businesses, and such businesses shall be grandfathered in to maintain its business location as of June 25, 2020. (Reference NFPA 1: 65.11.2.2).

(3) Prohibited Explosive Devices: Retail sales of certain explosive devices, prohibited by the Child Safety Act of 1966, including the related storage and display for sale of such devices, shall be prohibited at a consumer fireworks retail facility or store (NFPA 1: 65.11.2.3).

(4) [Explosive] Pest Control Devices: The retail sales of [explosive] pest control devices, including their related storage and display for sale, shall be prohibited (NFPA 1: 65.11.2.4).

(5) Noncomplying Fireworks: The retail sales of fireworks that do not comply with the regulations of the U.S. Consumer Products Safety commission as set forth in 16 CFR Part 1500 and 1507; and, the regulations of the U.S. Department of Transportation as set forth in 49 CFR Part 100 to 178, including their related storage and display for sale, shall be prohibited (NFPA 1: 65.11.2.5).

(6) Life Safety: Any building or structure used for the retail sales of consumer fireworks, including their related storage, shall comply with NFPA 101 Life Safety Code® for mercantile occupancies, except as provided herein (NFPA 1: 65.11.2.6).

(b) Permit Requirements:

(1) The Turtle Mountain Band of Chippewa Indians shall be authorized to require and administer a permit system for the sales, handling, and storage of consumer fireworks; and, for the construction, erection or operations of permanent or temporary buildings or facilities to sell, handle or store consumer fireworks.

(2) A charge or fee for the permit(s) may be assessed and such funds shall revert back to the Turtle Mountain Fire & Rescue Department.

(3) Gross failure or refusal to abide by fire safety provisions of this title and Section shall be cause for revocation of such permit(s) and disqualification from future permits.

(4) TERO fees and regulations may apply.

(5) It shall be required for vendors of consumer fireworks sales, handling and storage facilities, to pass a fire and life safety inspection by the Turtle Mountain Fire & Rescue Department's authorizing official, before permits are issued.

(1) An automatic fire extinguishing system shall be required and shall be installed in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems, and shall be provided in permanent consumer fireworks retail facilities greater than six-thousand square feet (6,000 ft³) (NFPA 1: 65.11.5.1.1).

(2) The waterflow alarm device shall be arranged to activate audible and visual alarms throughout the facility in accordance with NFPA 72® National Fire Alarm Code® (NFPA 1: 65.11.5.1.2).

(d) Fire Protection – Portable Fire Extinguishers: The requirements for fire extinguishers in facilities selling, handling or storing consumer fireworks shall be in accordance with NFPA 1: 65.11.5.2.1; NFPA 10 Portable Fire Extinguishers; and as follows:

(1) Specification: Portable fire extinguishers in facilities used for sales, handling and storage of consumer fireworks shall be specified as required for Extra (High) Hazard Occupancies in accordance with NFPA 10, Standard for Portable Fire Extinguishers. The minimum rated dry chemical fire extinguisher shall be 4A: 80BC rated (10# ABC).

(2) Minimum Number: Every consumer retail fireworks facility shall have not less than two (2) portable fire extinguishers as described below:

(A) At least one water type (water, hand pump tank, foam) fire extinguisher of at least 2-1/2 gallons capacity, UL rated not less than 2-A.

(B) In addition to a water type fire extinguisher, at least one multipurpose type dry chemical fire extinguisher of at least 10 pounds capacity (10#ABC), UL rated not less than 4A: 80BC.

(C) Exception: In unheated warehouses or sheds (subject to freezing) storing consumer fireworks, a second 4A: 80BC UL rated (10# ABC) dry chemical fire extinguishers shall be required in lieu of a water type fire extinguisher.

(3) Location – Travel Distance:

(A) Portable fire extinguishers for permanent consumer retail sales facilities and stores shall be located so that the maximum distance of travel does not exceed seventy-five feet (75') as specified in NFPA 10 Standard for Portable Fire Extinguishers (NFPA 1: 65.11.5.2.3.1).

(B) Portable fire extinguishers for temporary consumer retail sales facilities shall be located so that the maximum distance of travel does not exceed thirty-five feet (35') (NFPA 1: 65.11.5.2.3.2).

(e) Fire Alarms:

(1) When required by the NFPA 101® Life Safety Code®, a fire alarm system shall be provided and maintained [in permanent consumer fireworks retail facilities] (NFPA 1: 65.11.5.3.1).

(2) In permanent consumer fireworks retail facilities greater than 3000 square feet and in Class B stores a public address system or a means for manually activating audible and visual alarm indicating devices throughout the facility in accordance with NFPA 72 National Fire Alarm Code®, shall be provided at a constantly attended location when the facility or store is occupied (NFPA 1: 65.11.5.3.2).

(3) Smoke Alarms: The Turtle Mountain Fire & Rescue Department shall be authorized to require Vendors to install and maintain UL® listed single station smoke alarm(s) in any building or facility, or portion or room thereof that sells, handles or stores consumer fireworks (that is not already equipped with a fire detection system). Exception: Unheated storage buildings subject to freezing and open fireworks stands. This is to ensure that a fire in a consumer fireworks sales, handling and storage facilities not equipped with a fire detection system as per NFPA 72 is more likely to be discovered while still small, thereby protecting the lives of employees, customers, and responding firefighters.

(f) Fire Department Access [to Fireworks Retail Facilities]: Any portion of an exterior wall of a building, sidewall of a tent, or other defined perimeter of a consumer fireworks retail facility shall be accessible within 150 feet of a public way or an approved fire apparatus access (NFPA 1: 65.11.6.1).

(g) Clearance to Combustibles: The area located within thirty feet (30') of a consumer fireworks retail sales facility shall be kept clear of accumulated dry grass, dry brush, and combustible debris (NFPA 1: 65.11.6.2).

(h) Parking [near consumer fireworks sales facilities]: No motor vehicle or trailer used for the storage of consumer fireworks shall be parked within ten feet (10') of a consumer fireworks retail facility, except when delivering, loading, or unloading fireworks and other merchandise and materials used, stored, or displayed for sale in the facility (NFPA 1: 65.11.6.3).

(i) Fireworks Discharge:

(1) Fireworks shall not be ignited, discharged, or otherwise used within three-hundred feet (300') of a consumer fireworks retail facility or store (NFPA 1: 65.11.6.4.1).

(2) At least one sign that reads as follows, in letters at least four inches (4") high on a contrasting background, shall be conspicuously posted on the exterior of each side of the consumer fireworks retail facility: NO FIREWORKS DISCHARGE WITHIN 300 FEET (NFPA 1: 65.11.6.4.2).

(j) "No Smoking" Signs:

(1) Smoking shall not be permitted inside of or within fifty feet (50') of the consumer fireworks retail sales area (NFPA 1: 65.11.6.5.1).

(2) At least one sign that reads as follows, in letters at least two inches (2") high on a contrasting background, shall be conspicuously posted at each entrance or within 10 feet (10') of every aisle directly serving the consumer fireworks retail area in a store: FIREWORKS – NO SMOKING (NFPA 1: 65.11.6.5.2).

(k) Separation Distances [From Fireworks Facilities to Adjacent Structures]:

(1) New permanent consumer fireworks retail facilities shall be separated from adjacent permanent buildings and structures as per NFPA 1124 Table 7.7.1.1 or NFPA 1: Table 65.11.7.1.1 (NFPA 1: 65.11.7.1.1).

Separation Distance in Feet	Exterior Wall Fire Resistance Rating (hr)	Exterior Wall Opening Protection rating (hr)
< 10 feet	2 hours	1 ½
≤ 10 to < 60 feet	1 hour	¾
≥ 60 feet	0	0

(2) Existing Facilities: Existing permanent consumer fireworks sales facilities shall be separated from adjacent permanent buildings and structures by not less than ten feet (10') or shall be separated by a wall with a 1-hour fire resistance rating (NFPA 1: 65.11.7.1.2).

(3) Temporary Facilities: Temporary consumer fireworks retail facilities shall be located as specified in Table 65.11.7.2 of NFPA 1 or Table 7.7.2 of NFPA 1124 (NFPA 1: 65.11.7.2).

Separation From (ft):	Buildings	Combustibles	Tents	Vehicle Parking	Stands	Storage
Tents	20 feet	20 feet	20 feet	10 feet	20 feet	20 feet
Stands	20 feet	10 feet	20 feet	10 feet	5 feet	20 feet

(l) Separation Distances [ Fireworks Stores to Fuel Dispensing Stations]:

(1) Service Stations: Consumer fireworks retail sales facilities and stores shall not be located within fifty feet (50') of the following: (NFPA 1: 65.11.7.3.1)

(A) Motor vehicle fuel-dispensing station dispensers (gas/diesel pumps).

(B) Retail propane-dispensing (LPG) station dispensers.

(D) Compressed natural gas (CNG) dispensing facilities.

(E) This shall not apply to existing businesses, and such businesses shall be grandfathered in to maintain its business location as of June 25, 2020.

(2) Bulk Fuel Dispensing Stations: Consumer fireworks retail sales and storage areas shall not be located within three-hundred feet (300') of any aboveground bulk storage or bulk dispensing area for the following: (NFPA 1: 65.11.7.3.2)

(A) Flammable or combustible liquid.

(B) Flammable gas.

(3) Vehicle fuel tanks: Fuel tanks on vehicles or other motorized equipment shall not be considered bulk storage (NFPA 1: 65.11.7.3.3).

(m) Portable Generators: Fuel storage for generators shall be in accordance with NFPA 1: 65.11.11.3 or NFPA 1124: 7.7.3.4) (NFPA 1: 65.11.3.4) and as follows:

(1) Portable generators supplying power to consumer retail sales facilities shall use only Class II or Class III combustible liquid fuels (diesel-power); except that portable generators shall be permitted to use Class I flammable liquids (gasoline, unleaded, ethanol, E-85) as fuel, provided the quantity of such fuel is limited to two (2) gallons (NFPA 1: 65.11.11.3.4).

(2) Generators shall not be located closer than twenty feet (20') from the consumer retail sales facility (NFPA 1: 65.11.11.3.2).

(3) Generator fuels shall be stored not less than twenty feet (20') from the consumer fireworks sales facility (NFPA 1: 65.11.11.3.5).

(4) The quantity of combustible liquid generator fuel shall be limited to not more than five (5) gallons (NFPA 1: 65.11.11.3.3) unless located not less than fifty feet (50') from the consumer fireworks retail facility (NFPA 1: 65.11.11.3.6).

(5) Fuel storage for portable generator use shall be required to be stored in UL/FM listed or approved flammable and combustible liquid "safety cans". Fuel containers shall be labelled according to their contents (i.e. UNLEADED or DIESEL).

(n) Means of Egress.

(1) General: Means of egress in consumer fireworks retail facilities shall comply with the applicable requirements of NFPA 101 Life Safety Code, as amended by NFPA 1: 65.11.8 (NFPA 1: 65.11.8.1) and as follows:

(2) Retail Stores Selling Consumer Fireworks: Means of egress in [general, grocery, convenience] stores where the retail sales of consumer fireworks are conducted shall [also] comply with NFPA 101 Life Safety Code, unless otherwise specified in NFPA 1: 65.11.8 (NFPA 1: 65.11.8.1.1).

(3) Tents & Membrane Structures: Means of egress in tents and membrane structures used for consumer fireworks retail sales shall comply with [both] NFPA 101 and NFPA 102 Standard for Grandstands, Folding and Telescopic Seating, Tents and Membrane Structures, as modified by NFPA 1: 65.11.8 (NFPA 1: 65.11.8.1.2).

(o) Fire Safety and Evacuation Plans.

(1) Approved fire safety and evacuation plans shall be prepared by the owner or operator of the consumer fireworks retail sales facility or store in consultation with the Turtle Mountain Fire & Rescue Department. (Ref. NFPA 1: A.65.11.8.2).

(2) The required approved fire safety and evacuation plan shall be maintained in writing and maintained current (NFPA 1: 65.11.8.2.1).

(3) The evacuation plan shall be posted in a conspicuous location that is accessible to the public as well as to persons employed or otherwise working in the facility (NFPA 1: 65.11.8.2.2).

(4) An approved fire safety and evacuation plan shall not be required for temporary [outdoor] fireworks retail stands (NFPA 1: 65.11.8.2.3).

(p) Number of Exits [ in retail consumer fireworks stores]:

(1) Permanent Fireworks Stores: The minimum number of exits provided from the retail sales area shall not be less than three (3) or as determined in accordance with NFPA 101 Life Safety Code (NFPA 1: 65.11.8.3.1).

(2) Convenience Stores & Temporary Sales: Retail sales areas within Class C [convenience] stores in which consumer fireworks retail sales are conducted; and, temporary consumer fireworks retail stands shall have a minimum of two (2) exits (NFPA 1: 65.11.8.3.2).

(q) Egress Travel Distance.

(1) Exits provided for the retail sales areas of tents, membrane structures, canopies, and permanent consumer fireworks retail stores, including C-stores, shall be located so that the maximum egress travel distance, measured from the most remote point to an exit along the natural and unobstructed path of egress travel, shall not exceed seventy-five feet (75') (NFPA 1: 65.11.8.4.1).

(2) Exits provided for temporary fireworks retail sales stands shall be arranged so that the maximum egress travel does not exceed thirty-five feet (35').

(r) Aisles. Aisles serving as a portion of the exit route in consumer fireworks retail facilities or within the consumer fireworks retail sales area of a store shall be maintained unobstructed at all times the facility is occupied, with a minimum clear width of forty-eight inches (48"). (Ref. NFPA 1: 65.11.8.5, NFPA 1: 65.11.8.5.1.1, NFPA 1: 65,11,8,5,1,2).

(s) Aisle Arrangements. Aisle arrangements in consumer retail fireworks stores and fireworks sold in convenience stores shall comply with the aisle arrangements in NFPA 1 65.11.8.5.3 and as follows:

(1) Not less than one aisle shall be provided and arranged so that travel along the aisle leads directly to an exit (NFPA 1: 65.11.8.5.3.1).

(2) Other required exits shall be located at, or within ten feet (10') of, the end of an aisle or cross aisle (NFPA 1: 65.11.8.5.3.2).

(3) Aisles shall terminate at an exit, another aisle, or a cross aisle (NFPA 1: 65.11.8.5.3.3).

(4) Dead-end aisles shall be prohibited (NFPA 1: 65.11.8.5.3.4).

(t) Doors and Doorways. Doors and doorways in any store where consumer fireworks are sold shall comply with NFPA 1: 65.11.8.6 and as follows:

(1) Minimum Width: Egress doors shall not be less than thirty-six inches (36") in width (NFPA 1: 65.11.8.6.1).

(2) Tents: Exit openings from tents shall have a clear opening width of not less than forty-four inches (44") NFPA 1: 65.11.8.6.2).

(3) Panic Hardware Required: For other than temporary consumer fireworks retail stands where the interior is not accessible to the public, every egress door that has a latching device shall be provided with panic hardware complying with NFPA Life Safety Code® (NFPA 1: 65.11.8.6.4).

(4) Doors to open outwards: Means of egress doors shall be of the side-hinge type and shall be arranged to open in the direction of egress travel [outwards] (NFPA 1: 65.11.8.6.5).

(u) Exit Signs and Emergency Lighting. Exit signs and emergency lighting in any facility where consumer fireworks are sold or handled shall comply with NFPA 101 and as follows:

(1) Exits shall be marked by an approved exit sign in accordance with NFPA 101 Life Safety Code® (NFPA 1: 65.11.9.1.1).

(2) Exit signs shall be required to be self-luminous or internally or externally illuminated (NFPA 1: 65.11.9.1.2). Exception: Tents or stands that are not open for business after dark (NFPA 1: 65.11.9.1.3).

(3) Exit Routes to be illuminated: The means of egress, including the exit discharge, shall be illuminated whenever the facility is occupied in accordance with NFPA 101 Life Safety Code® (NFPA 1: 65.11.9.2.1).

(4) Emergency Lighting: Emergency lighting shall be provided for consumer fireworks retail sales facilities and stores and shall comply with NFPA 101 Life Safety Code® (NFPA 1: 65.11.9.2.2). Exception: Tents or stands that are not open or accessible to the public after dark (NFPA 1: 65.11.9.2.3).

(v) Retail Sales Displays [of Consumer Fireworks. Displays of consumer fireworks in any store shall comply with NFPA 1: 65.11.10 and as follows:

(1) To provide for [safe] visual access of the retail sales area by the employees and customers; partitions, counters, shelving, cases, and similar dividers shall not exceed six feet (6') in height above the floor surface inside the perimeter of the sales area (NFPA 1: 65.11.10.2). This shall include other merchandise or other fixtures in the fireworks display area (NFPA 1: 65.11.10.2.1).

(2) Where located along the perimeter [walls] of the retail sales area, the maximum height of sales displays shall be limited to twelve feet (12') (NFPA 1: 65.11.10.2.2).

(3) In temporary sales stands where the interior is not accessible to the public, the maximum height of sales displays shall be limited to eight feet (8') (NFPA 1: 65.11.10.2.3).

(w) Flame Breaks. Flame Breaks shall be required in consumer fireworks display areas to be constructed, arranged and located in accordance with NFPA 1: 65.11.10.3, in compliance with NFPA 1124 7.10.3 Code for the Manufacture, Transportation, and Storage of Fireworks and Pyrotechnic Articles®. Exception: Temporary consumer fireworks sales stands where the interior is not accessible to the public (NFPA 1: 65.11.10.3.10). Refer to Section 65.11.10.3 of the NFPA 1 Uniform Fire Code Handbook® as a guide.

(x) Covered Fuses. Only consumer fireworks meeting the criteria for covered fuses as defined in Section 3.3 or 65.11.10.4.1 of NFPA 1 shall be permitted in a facility in which the retail sales of consumer fireworks are conducted (NFPA 1: 65.11.10.4). (Fuse not accessible unless the package(s) are punctured, torn, unsealed or broken open as per NFPA 1: 65.11.10.4.1).

(y) Sales in Stores. Consumer fireworks displayed for sale in stores shall comply with the following (NFPA 1: 65.11.10.5):

(1) Such fireworks shall be under the visual supervision of a store employee or other responsible party while the store is open to the public.

(2) Such fireworks shall be packaged fireworks merchandise.

(3) Such fireworks shall be packaged and displayed for sale in such a manner that will limit travel distance of ejected pyrotechnical components if ignition of the fireworks occurs.

(4) Where consumer fireworks meeting the requirements of C.3.1.2 or C.3.1.3 of NFPA 1124 for aerial devices and audible ground devices, respectively, are sold, such devices shall be displayed for sale in an area of the store that is physically separated from the rest of the store in such a manner that restricts entry of the public; and, the area shall be provided by not less than two (2) means of egress so located, that there is no common path of travel and the distance to reach an egress point does not exceed thirty-five feet (35').

(5) Aerial devices shall be packaged and displayed for sale in such a manner that will limit travel distance of ejected pyrotechnic components if ignition of the fireworks occurs (NFPA 1: 65.11.10.6).

(6) Combustible materials and merchandise shall not be stored directly above the consumer fireworks (NFPA 1: 65.11.10.7).

(z) Electrical Equipment. All electrical equipment, wiring and installation in consumer fireworks facilities and stores shall comply with NFPA 70 National Electrical Code®, NFPA 1 Uniform Fire Code® 65.11.11.1 and with this title and Section 50.07.170Electrical Fire Hazards.

(aa) Heating Sources. Heating units in consumer fireworks facilities and stores selling consumer fireworks shall comply with NFPA 1: 65.11.11.2 and as follows:

(1) Heating units shall be listed [UL] and shall be used according to their listing (NFPA 1: 65.11.11.2.1).

(2) Temporary heating sources shall have tip-over and temperature-overheat protection (NFPA 1: 65.11.11.2.2).

(3) Open-flame and exposed-element heating devices shall be prohibited (NFPA 1: 65.11.11.2.3).

(4) Adequate clearance shall be maintained from heaters and portable heating appliances. For portable heaters, the required clearance shall be a minimum of three feet (3'). Portable heaters shall be unplugged when the room is not occupied. Portable heaters shall not block or impede egress routes or doorways.

(bb) Cooking Equipment.

(1) Cooking equipment of any type shall not be permitted within twenty feet (20') of tents, canopies, or membrane structures used for the storage or sale of consumer fireworks (NFPA 1: 65.11.11.4.1).

(2) Open-flame cooking equipment of any type shall not be permitted within fifty feet (50') of tents, canopies, or membrane structures used for the storage or sale of consumer fireworks (NFPA 1: 65.11.11.4.1).

(cc) Operations – Means of Egress Kept Clear. Means of egress including, but not limited to aisles, doors, and exit discharges, shall be kept clear at all times when the building or facility is occupied. (NFPA 1: 65.11.12.1.1).

(dd) Housekeeping.

(1) Consumer fireworks retail sales areas and storage rooms shall be kept free of accumulations of debris and rubbish (NFPA 1: 65.11.12.5.1).

(2) Any loose pyrotechnic composition shall be removed immediately (NFPA 1: 65.11.12.5.2).

(3) Vacuum cleaners and other mechanical cleaning devices shall not be used. (NFPA 1: 65.11.12.5.3).

(4) Brooms, brushes and dustpans used to sweep up any loose powder or dust shall be made of non-sparking materials (NFPA 1: 65.11.12.5.4).

(5) Consumer fireworks devices that are damaged shall be removed and not offered for sale (NFPA 1: 65.11.12.5.5).

(ee) Training. All personnel handling consumer fireworks shall receive safety training related to the performance of their duties (NFPA 1: 65.11.12.6).

(1) Fire Extinguisher Training and Incipient Level Firefighting Procedures.

(2) Fire Evacuation Procedures.

(3) Any required OSHA training under 29 CFR 1910.

(4) Any required training as per the U.S. Department of Transportation.

(ff) Under the Influence. Any person selling consumer fireworks shall not knowingly sell consumer fireworks to any person who is obviously under the influence of alcohol or drugs (NFPA 1: 65.11.12.7).

(gg) Sales to Minors. Any person selling consumer fireworks shall not knowingly sell consumer fireworks to any person under the age of fourteen (14) years of age.

(hh) Prohibited Sales during Fire Season. The sale of consumer fireworks shall be prohibited during the normal Fire Season from April through May and from September through October; or, at any time that the sale and use of fireworks is prohibited by a tribally declared Drought Emergency or Burn Ban / Fire Emergency Declaration.

(ii) Permitted Sale Season. Fireworks may be sold June 1st through July 5th at 11:59 p.m. and between December 26^th through January 1st at 11:59 p.m.

50.07.230 Wildland Urban Interface

(a) General. The planning, construction, maintenance, education and management elements for the protection of life and property from wildfire shall comply with this section.

(b) Definitions. Refer to NFPA 1144 Chapter 3. Definitions and to the ICC International Wildland-Urban-Interface Code®, Chapter 2. Definitions.

(c) Plans. The plans for construction of any housing addition (along with planned water mains and fire hydrant locations) within or adjacent to wildland vegetation shall be submitted to the Turtle Mountain Fire & Rescue Department for review and approval (Ref. NFPA 1: 17.2).

(d) Extraordinary Fire Danger in Fire-Prone Areas. During times of extraordinary drought or wildland fire danger in fire-prone areas, the Turtle Mountain Tribe / Tribal Chairman shall be authorized to take any of the following measures:

(1) Restrict or regulate hazardous or fire-prone activities such as logging, welding or hot work, off-road travel, hunting, camping within hazardous areas.

(2) Restrict entry of hazardous areas to the general public (except for owners or persons leasing the property and guests, utility repair workers, public officers, fire personnel and tribal/BIA employees in the performance of their duties).

(3) Regulate, restrict, or prohibit any of the following in hazardous areas:

(A) Smoking (except within a cleared area or inside a motor vehicle).

(B) Tracer bullets, explosives or blasting.

(D) Lighted or smoking material used in connection with apiaries for smoking bees.

(E) Open-flame devices (of all kinds).

(F) Outdoor Fires (except for ceremonial fires within a cleared area).

(G) Incinerators, burn barrels and outdoor fireplaces.

(H) The use of chainsaws (unless equipped with spark arrestors and fire extinguishing equipment readily available).

(I) The use of ATV's, UTV's, or off-road vehicles; restrict them to established trails, and/or require spark arrestors, fire extinguisher(s) and/or fire extinguishing tools readily available when off-road.

(e) Clearance of Brush & Vegetative Growth from Electrical Transmission Lines.

(1) The utility company (Rural Electric Co-op) shall be responsible for clearance of brush and vegetative growth from electrical transmission and distribution lines in accordance with 17.3.5.1 of NFPA 1 and this section. (Ref. NFPA 1: 17.3.5.1.1).

(2) A combustible-free space around poles and towers shall consist of a clearing of not less than ten feet (10') in each direction from the outer circumference of the pole or tower (NFPA 1: 17.3.5.1.2). No person shall conduct any nearby controlled burning, unless this clearance is in place around poles and towers.

(3) Trimming Clearance: At the time of trimming, clearances shall not be less than those established by NFPA 1: Table 17.3.5.1.3.1.

Line Voltage	Minimal Radial Clearance From Conductor
2400-72,000 volts	4 feet
72,001-110,000 volts	6 feet
110,001 – 300,000 volts	10 feet
300,001 or more volts	15 feet

(4) Electrical sub-stations shall be kept clear of weedy growth and vegetation.

(5) Electrical power line emergencies. The utility company shall perform the required work to the extent necessary to clear the hazard (downed trees, etc.) (NFPA 1: 17.3.5.1.5).

(6) Planting vegetation under or adjacent to energized electrical lines. No vegetation shall be planted under or adjacent to energized power lines that, at maturity, shall grow within ten feet (10') of the energized conductors.

(f) Roadways, fire-access roads and driveways.

(1) Brush Clearance. Areas within ten feet (10') on each side of portions of roadways, private roads, fire-access roads and driveways to be cleared of combustible vegetation and other combustible growth. Single specimens of trees, ornamental vegetative fuels or cultivated ground cover, such as green grass, or similar plants used as ground cover, to be exempt, provided they do not form a means of readily transmitting fire. (NFPA 1: 17.3.5.3).

(2) Overhead clearance. On all roadways, fire-access roads, and private roads or driveways, there shall be at least fourteen feet (14') of overhead clearance shall be maintained for fire apparatus, to include tree limbs, brush, overhead utility lines, guy wires and other obstructions.

(3) Access Gates. On any gates blocking any roadway or fire-access road, as well as private driveways over 150-feet in length, fire access gates shall be at least 12 feet wide. On any padlocked gates, the Turtle Mountain Fire Rescue Department shall be supplied with a key, with permission to install their own access lock on the chain, lock combination, phone number to call for gate access, or other means for gate access. For non-compliant gates during a fire emergency, the Fire Department shall be authorized to gain entry by whatever means necessary, at the owner's expense.

(4) Fire-access roads to be kept open. Designated fire-access roads shall not be blocked shut, fenced off (without an access gate), excavated out, built upon, or blocked shut be any means. Vehicles and the like shall not be abandoned on fire-access roads.

(g) Duty to Abate Hazardous Vegetation & Reduce Structural Ignition Hazards. Persons owning, leasing, controlling, operating, or maintaining buildings or structures in, or upon, or adjoining wildland fire-prone areas shall, from April through October, be responsible for maintaining their "Defensible Space" in accordance with this title and Section as follows:

(1) Immediate "Non-Combustible" Zone – Within 0-5 feet of primary structures (and any accessory structures within 30 feet):

(A) Remove all dead leaves, pine needles, dead or dried plant material, and vines from the roof, rain gutters, and foundation; from attached structures; and, from under or around attached wooden decks, porches, walkways, and fences (0-5 feet out).

(B) Relocate any firewood (at least twenty feet (20') away) from under or on wooden decks, porches, or building walls and foundations.

(D) Fire-resistant plants and low-growing, well-spaced and well-tended flowers, and low-combustibility plants free of dead material shall be permitted in this zone (0-5 ft.).

(E) Replace flammable pine bark or wood mulch (within 0-5 ft.) with landscape rock or non-flammable material.

(F) Store trash containers, fuel cans, and combustible materials (that could ignite from burning embers) away from structures or buildings.

(G) Trim back any limbs from nearby trees that are overhanging or within ten feet (10') of chimneys or roof lines.

(H) Repair or Replace broken window panes, decaying wood, missing roof shingles, unscreened roof eaves or vents, or other openings though which burning embers could ignite or enter the home or structure. Screen vents with 1/8-inch metal screen to prevent entry of burning embers, insects or rodents.

(2) Intermediate "Lean. Clean and Green" Zone – Within 5-30 feet of primary structures (> 120 ft³) and within 10 feet of outbuildings (<120 ft³), maintain a fire break around the structure as follows:

(A) Prevent surface fire to crown fire extension. Prevent surface to tree/shrub to structure ignition as follows:

(i) Prune side limbs and foliage within ten feet (10') of the ground on mature trees, and on smaller trees, ⅓ to ½ the height of the tree. Limbs should be cut no closer than ¼- inch of the trunk to maintain the health of the tree.

(ii) Remove understory trees and large shrubs in the 30-foot zone that are growing underneath of or within 10-feet of other trees. NOTE: For technical assistance and guidance on what trees to take out, contact the B.I.A. Forestry office.

(iii) Prune and maintain shrubs (and similar sized ornamental trees) in the 30-foot zone; remove lower foliage at least 18 inches up from the ground and remove all leaf litter and dead vegetation on or under all shrubs and trees.

(iv) Cut and remove brush, weeds, seedlings, saplings, vines and heavy litter from under tree canopies to prevent surface to crown fire extension.

(B) Remove all High-Combustibility shrubs (junipers) in the 30-foot zone within 20 feet of structures and from each other. Low-Combustibility ornamental shrubs/plants/trees that are well-pruned, well-spaced – (2X the height of the tallest shrub), and free of dead foliage shall be permitted.

High Combustibility (fire-prone) Plants include the following:

 Volatile resins, oils or waxes that ignite easily and burn intensely.

 Narrow leaves or needles (often evergreen).

 Waxy or fuzzy leaves.

 Accumulations of fine, twiggy, dry or dead material on the plant or on the ground under the plant.

 Loose, papery or thick bark.

(C) Keep the 30-foot zone brushed out and mowed (including in back of the house and trimmed up against structures, under trees, and under parked vehicles) to a height of four inches (4") or less.

(D) Rake up and remove leaf litter or pine needles on the ground, especially that which is over two inches (2") in depth.

(E) Remove dead wood or branches on the ground, not to include neatly stacked firewood (as below).

(F) Firewood shall not be stacked within 20 feet of primary structures during "fire season". (Firewood sheds or lean-to's are desirable and shall be permitted as long as they are no closer than 20 feet to other structures).

(G) Combustible rubbish, abandoned vehicles, used tires, waste or discarded materials shall be removed from the 30-foot and 100-foot zones.

(H) Thin remaining trees and large shrubs so that there is at least ten feet (10') between tree crowns and from tree crowns to primary structures. NOTE: For technical assistance and guidance on what trees to take out, contact the B.I.A. Forestry office.

(3) Extended "Fuels Reduction" Zone – 30-100 feet from structures; or, to property line (whichever is less). Provide a fuel break within 30 feet to 120 feet of a structure as follows:

(A) Prune side limbs and foliage within ten feet (10') of the ground on mature trees, and on smaller trees, ⅓ to ½ the height of the tree. Limbs should be cut no closer than ¼- inch of the trunk to maintain the health of the tree.

(B) Remove understory and crowded trees and large shrubs in the 30 and 100-foot zone(s) that are growing underneath of or within 10-feet of other trees. NOTE: For technical assistance and guidance on what trees to take out, contact the B.I.A. Forestry office.

(C) Thin remaining trees and large shrubs so that there is at least ten feet (10') between tree crowns within 60 feet of structures and at least six feet (6') between tree crowns 60-100 feet from structures.

(D) Cut and remove brush, weeds, seedlings, saplings, vines and heavy leaf litter in the100 foot zone and cut as necessary to a height of six-inches (6") or less, including under tree canopies, to prevent surface to crown fire extension.

(E) Remove woody debris, *hazardous trees, weeds, dead and downed trees, and accumulations of branches, dead wood and limbs from the 30 and 100 foot zones (Except for neatly stacked firewood and brush/woody debris that is neatly stacked/piled with a 10' cleared area for burning before or after fire season NOTE: See Burn Permit requirements under Title 26 section 26.20.100). *Contact Forestry if assistance is required with removing hazardous trees.

(F) Dispose of any slash or dozer piles, Combustible rubbish, abandoned vehicles, used tires, waste or discarded materials from the 30-foot and 100-foot zones.

(h) Vehicle Parking Areas.

(1) Vehicle parking areas on public and private property shall be maintained free of dry grasses and fine fuels that could be ignited by hot exhaust systems or firebrands (NFPA 1144: 5.11).

(2) Vehicles, trailers, camping trailers, and motorized equipment shall not be parked or left abandoned in hazardous areas of tall grass, brush or combustible vegetation. The Fire Chief or Fire Inspector shall be authorized to require the vehicle(s) to be removed, or the area cleared or mowed of all dry grasses, brush and fine fuels.

(i) Dumping in Wildland Areas.

(1) Waste Material. Waste material shall not be placed, deposited or dumped in wildland areas (forests, parks, grasslands); in, on or along trails, fire-access roads, roadways or highways; or, against structures in wildland-urban interface areas (2006 IWUIC A106.1) Exception: Tribally-approved public and private dumping areas.

(2) Ashes and coals: Ashes and coals shall not be placed, deposited or dumped in wildland areas (forests, parks, grasslands), or within any area of flammable vegetation. Exceptions: In the hearth of an established fire pit, camp stove or fireplace; When the ground is snow-covered; Where ashes are buried or covered with dirt at least 25 feet from flammable vegetation (2006 IWUIC A106.2).

(j) Propane Tanks. The storage, use and handling of Liquefied Propane Gas (LPG) storage tanks shall comply with the requirements of NFPA 1 Fire Code ® Chapter 69; NFPA 58 Liquefied Petroleum Gas Code®; and shall have the following minimum clearances:

(1) A ten ft. wide (10') cleared fire break on all sides to bare mineral soil, gravel/rock, concrete, grass cut to less than 4-inches in height, or combination thereof; and,

(2) No flammable material for an additional ten feet (10') around their exterior.

(3) Any out-building storing propane gas cylinder(s), either empty or full, shall have clearance, as above (a-b). NOTE: This refers to sheds where propane tanks are stored as used on camping trailers, gas BBQ grills, stoves, etc. An empty cylinder can be just as dangerous in a fire, as a full one.

(k) Building Design, Location and Construction in Wildland Areas. This shall apply to any new structures, structures newly relocated, or newly renovated.

(1) Separation distances between primary and accessory structures on each lot or home site; and, primary and accessory structures on adjacent lot(s) shall not be less than thirty feet (30') (NFPA 1144: 5.1.3.1). Exception: existing structures already in place and those of fire-resistant construction.

(2) Roof Materials: The use of wood-shake shingles for building construction in wildland or wildland-urban-interface areas shall be prohibited.

(3) Roof gutters, downspouts, and connectors shall be non-combustible (NFPA 1144: 5.3.2).

(4) Vents and vent openings shall be screened with a corrosion-resistant, noncombustible wire mesh with a screen opening not to exceed nominal 1/8-inch size; or equivalent vents listed as complying with ASTM E2886 Test Method for Evaluating the Ability of Exterior Vents to Resist the Entry of Embers and Direct Flame Impingement (NFPA 1144: 5.3.3).

(5) Eaves shall be enclosed with exterior fire-resistant treated wood, ignition-resistant or noncombustible materials, or materials exhibiting resistance to wildfire penetration as per ASTM E2957-15. (NFPA 1144: 5.3.4).

(6) Exterior Windows, windows within exterior doors, and skylights shall be of tempered glass, multilayered glazed panels, glass block, or have a fire-resistance rating of not less than 20-minutes (NFPA 1144: 5.7.1).

(7) Exterior Window Screening shall be installed and maintained using noncombustible (metal) mesh to minimize the collection of embers (firebrands) and their entry through open windows (NFPA 1144: 5.7.2).

(8) Mobile and Manufactured Homes. Permanently located mobile and manufactured homes with an open space beneath, shall have a skirt of noncombustible materials (metal), fire-retardant treated wood, or other ignition-resistant material (NFPA 1144: 5.10.1).

(9) Garden Hose Spigots. Any structures in wildland areas, equipped with indoor plumbing, shall be equipped, on opposite sides of the structure, with exterior freeze-proof garden hose (3/4" GHT) spigots, supplied by not less than 5/8-inch inside-diameter piping. (NOTE: Firefighters and residents have used these to save houses during wildfire outbreaks. Fire hydrants in the rural areas are few and far between. When the tank on the fire truck runs out of water and has to return, garden hoses could be the only means to defend rural structures, especially when multiple houses are threatened at the same time.)

50.07.240 Training

Fire extinguisher training shall be conducted annually for all employees.

(a) For all employees, the training shall include general principles of fire extinguisher use, location of extinguishers, and hazards involved with incipient stage fire-fighting.

(b) For employees expected to use a fire extinguisher to fight a fire, hands-on training shall also be provided.

50.07.250 Enforcement and Regulation

(a) The provisions of this title shall be administered by the Fire and Rescue Department and in some situations Indian Health Service Environmental Services Division (ESD), or its successor.

(b) The Fire and Rescue Department shall periodically review, promulgate regulations and other guidance, and update this Fire Safety as needed, but not less than annually.

50.07.260 Life Safety Code

(a) Personnel conducting inspections shall be certified in the Life Safety Codes by the NFPA. Fire inspectors shall be responsible for having all public buildings and places of employment inspected for the purpose of ascertaining and causing to be corrected any condition liable to cause fire, or any violations of any law or ordinance relating to fire hazards or to the prevention of fires.

(b) Annual Inspections and related requirements

(1) All occupancies will be inspected annually.

(2) A written report of findings and recommendations will be sent to the on-site manager and program director within 14 days of the inspection.

(3) The on-site manager will submit a written plan of action to the fire inspector with a timeline for corrections of violations within 30 days of the receipt of the inspection report.

(4) Follow-up or impromptu inspections will be conducted at the discretion of the fire inspector.

(5) Copies of inspection reports shall be on file in the Fire Inspector's office at the individual locations.

(6) All records shall be maintained for 5 years.

50.07.270 Noncompliance with the Life Safety Code

(a) Any authorized Fire Inspector, acting according to policies established by the Nation, may inspect tribal buildings and grounds for fire safety.

(b) No person may refuse access to any authorized Fire Inspector who requests access for the purpose of inspection, and who presents appropriate credentials.

50.07.280 Fire Inspector and Fire Chief Authority to Enforce This Title

(a) Any person or entity who violates a provision of this title may be issued a citation by any authorized Fire Inspector and or Fire Chief according to current or future judicial policies established by the Tribe to collect forfeitures.

(b) The issuance of a citation shall not preclude proceedings under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this paragraph.

(d) Every day the person or entity fails to observe and comply with an order of the authorized Fire Inspector or Fire Chief will constitute a separate and distinct violation of such orders.

50.07.290 Authority to Issue Citations Under Title 26

The Fire Chief or Fire Inspector are authorized to issue citations under Chapter 26.20 as necessary for enforcement.

50.07.300 Memorandum of Understanding

The Tribe may from time to time enter into agreements with other governments and agencies and may bestow upon those agencies the authority enforcement authority as necessary to effectuate the purpose of this title.

50.07.310 Severability and Repeal

(a) The provisions of this title are severable and if any part of provision hereof shall be held void the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this act.

(b) Any prior versions of this law are repealed if they are inconsistent with the provisions of this code.

50.07.320 Budgeting of Funds

The Tribe shall budget funds to effectuate the purpose of this title.

50.07.330 Rules and Regulations

The Tribe shall enact rules, regulations, and forms to effectuate the purpose of this title.

Chapter 50.08 Division of Conservation Law Enforcement

50.08.010 Division of Conservation Law Enforcement

The Turtle Mountain Band of Chippewa Indians (TMBCI) Tribe hereby creates the Division of Conservation Law Enforcement.

(a) Mission Statement: It shall be the mission of the Division of Conservation Law Enforcement to: Protect the natural resources of the TMBCI Tribe and to provide for public safety through proactive and responsive law enforcement services; and, to educate and serve the public. "Natural Resources" shall include forests, rangelands, waters, fish – wildlife and birds, waterways, endangered species, and associated plants, animals and habitats. The Division shall also have the responsibility to assist TMBCI Department of Natural Resources (DNR) personnel with any violations of laws, rules and regulations within any DNR game refuge, game management area, or designated park and recreation area.

(b) The TMBCI Tribe is authorized, as funding allows, to hire and train Conservation Law Enforcement Officers (CLEO's), a Supervisory Conservation Law Enforcement Officer, Conservation Law Enforcement Officer trainees, Forest Fire Wardens, law enforcement certified Park Rangers, and office support staff for the program.

(c) The TMBCI Tribe is authorized to provide and/or obtain funding for personnel; for all-wheel-drive law enforcement vehicles, ATV's, snowmobiles, and patrol boats; to provide for office and garage space, two-way radios, firearms, uniforms and badges, and other such equipment and supplies needed to perform their mission.

(d) All Conservation Law Enforcement Officers shall be supervised by the Bureau of Indian Affairs (BIA) Office of Justice Services (OJS) and shall be required to be in compliance with all BIA OJS Standards as enumerated in BIA-OJS 3^rd Ed. Law Enforcement Handbook or its success and 25 C.F.R. §§ 12.

50.08.020 Conservation Law Enforcement Officer (Cleo) Authorities and Responsibilities

The TMBCI Tribe hereby creates a law enforcement position of Conservation Law Enforcement Officer. The Division of Conservation Law Enforcement, Conservation Law Enforcement Officer(s) (CLEO's) shall have responsibilities and duties as follows:

(a) To Enforce Title 35 and any other laws or rules relating to wildlife or its successor.

(b) To make arrests upon view and without warrant for any violation, committed in that person's presence, of Title 35 and any other laws or rules of the TMBCI Tribe relating to wildlife or natural resources.

(c) To regulate dealers in green furs, propagation or possession of live protected wildlife, taxidermists, shooting preserves, guides and outfitters, commercial fishing operations, private fish hatcheries, and commercial bait vendors. In the regulation of these licensed activities, the premises used to conduct the business and records required by law must be open for inspection at reasonable hours by game and fish law enforcement officers.

(d) To enforce laws and Department of Natural Resources (DNR) campground and park rules and regulations on any TMBCI game refuge, game management area, park and recreation area, or other land or water within the territory and jurisdiction of the TMBCI Tribe.

(e) To enforce, and investigate complaints and/or violations concerning illegal dumping of junk, garbage, refuse, construction debris, hazardous waste, tires, waste other than vegetative debris, or littering under Title 40, on any Tribal game refuge, game management area, park and recreation area, waterway(s) or land(s) within the territory and jurisdiction of the TMBCI Tribe.

(f) To respond to and/or investigate reports of livestock theft, theft of property, or illegal trespass on any game refuge, game management area, park and recreation area, or other lands or waters within the territory and jurisdiction of the TMBCI Tribe.

(g) To respond to and assist law enforcement in finding and rescuing missing, lost, stranded and/or injured hunters, hikers, recreational off-road vehicle operators, fishermen, boaters, etc. on lands within the territory and jurisdiction of the TMBCI Tribe.

(h) Shall be required, within their level of training and certification, to render emergency life-saving aid to injured hunters, off-roaders, campers, boaters, hikers, snowmobilers, etc. until the arrival of advanced medical care.

(i) To investigate complaints involving nuisance, dangerous or rabid wildlife (as defined in 35.0103 (41)), consults with wildlife biologists and other local officials, and instructs the public in techniques and methods for controlling nuisance wildlife.

(j) To promote public safety and public awareness on the jurisdiction of Title 35, to include but not limited to; hunter safety, gun safety, ATV safety, and snowmobile safety training programs for Tribal members and the general public.

(k) Shall be authorized to seize equipment and other evidence used in the commission of law violations, to include but not limited to, game and fish, and poaching violations under Title 35.

(l) Shall be authorized to inspect watercraft, as set forth in Title 35 or other laws of the TMBCI Tribe, for Zebra-Mussel and other exotic species harmful to lakes and waterways within the territory and jurisdiction of the TMBCI Tribe.

(m) To enforce Title 38 and regulations governing the operation and use of snowmobiles, all-terrain vehicles, utility-terrain vehicles (UTV's), off road vehicles, and watercraft; to inspect vehicles for any required Tribal licenses, registration or safety equipment.

(n) To assist DNR staff in providing for public safety at designated DNR Park and recreation areas, campgrounds, swimming areas, and picnic grounds.

(o) Shall be authorized to enter upon any lands or waters within the territory and jurisdiction of the Turtle Mountain Band of Chippewa Indians (TMBCI) Tribe - by vehicle, boat, snowmobile, ATV or UTV, and/or on foot to observe persons engaged in the taking of fish or game or engaged in other recreational, work, or leisure time pursuits; to ensure methods, conduct, and equipment are lawful; and to apprehend violators.

(p) Respond to requests from other law enforcement agencies or officers for aid and assistance.

(1) For the purposes of this subsection, a request from a law enforcement agency or officer means only a request for assistance as to a particular and singular violation or suspicion of violation of law, and does not constitute a continuous request for assistance outside the purview of enforcement of the provisions of Title 35.

(2) The powers and duties conferred are supplemental to other powers and duties conferred upon the Director, Deputy Director, Chief or Supervisory Conservation Law Enforcement Officers CLEO's), or District CLEO's.

(q) To investigate criminal acts and civil infractions within the Territory and Jurisdiction of the Turtle Mountain Band of Chippewa and lands subsequent lands acquired.

(r) To testify before the Courts of the Tribe and other court systems, as necessary.

(s) He or she shall be subject to all the requirements set forth in this title and the provisions of 25 U.S.C. §§ 2801 et. seq.

(t) The Conservation Warden shall be commissioned Law Enforcement as Tribal Officer as set forth in this title and shall enjoy all the privileges and immunities of a commissioned officer.

(u) To inspect game and fish limits as enumerated in Title 35.

(v) To assist, during times of elevated wildland fire danger, with the enforcement of fire regulations as enumerated under the Laws of the Turtle Mountain Band of Chippewa Indians and with prevention of wildfires by hunters, campers, and those recreating, working or enjoying leisure time in Tribal DNR park and recreation areas, or upon any lands within the territory and jurisdiction of the TMBCI Tribe.