Applicability of the Code

2 CMC § 7313 — under Fire Safety Code.

2 CMC § 7313

TITLE 2: NATURAL RESOURCES

DIVISION 7: BUILDING AND ZONING CODES

§ 7313. Applicability of the Code. (a) This chapter shall apply to all persons in the Commonwealth without restrictions unless specifically exempted. (b) This chapter shall apply to existing conditions as well as conditions arising after the adoption thereof, except that conditions legally in existence at the time of the adoption of the Commonwealth Fire Safety Code and not in strict compliance therewith shall be permitted to continue only if, in the opinion of the Commissioner of Fire and Emergency Medical Services or the Commissioner’s authorized representative, they do not constitute a serious hazard to life and property. (c) Where there exists a conflict between a general requirement or a specific requirement for an occupancy in the Commonwealth Fire Safety Code and the Uniform Fire Code, the provisions of the Commonwealth Fire Safety Code shall apply. (d) The fire division of the Commonwealth Ports Authority (“CPA”) shall have the same authority and obligation as the department to comply and enforce this code within the CPA premises, jurisdiction and activities. Source: PL 11-56, § 7304, modified; subsection (b) amended by global amendment by PL 18-73 § 5(b) (Jan. 25, 2015). Commission Comment: Section 5(c) of PL 18-73 provided, “Any reference to the ‘Fire Division’ in the Fire Safety Code, as set forth in 2 CMC § 7301 et seq., is hereby amended to read ‘Department of Fire and Emergency Medical Services.’” It is unclear whether the legislature intended this amendment to apply to the reference to the fire division of the Commonwealth Ports Authority found in subsection (d).