HomeMy WebLinkAboutOrd. 490 - Fire DepartmentCITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE 490
AN ORDINANCE AMENDING CITY CODE TITLE 7, FIRE DEPARTMENT
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
TITLE 7
FIRE REGULATIONS
Subject
Chapter
Velupteer-Fire Department.........................................1
FireCode...................................................................2
OpenBurning.............................................................3
CHAPTER1
SECTION:
CHAPTER 1
71 1 • Short Title
7-1-2 1: Department Establishment; Composition
7-1-3 2: Fire Chief
7 1 4 nssms-ta t Ciro Chief
7 1 o Fire Marshal
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7-14 3: Firefighters' Relief Association
7-1-1-34: Prohibited Acts
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7-1-21: -DEPARTMENT ESTABLISHED; COMPOSITION:
There is hereby established in the city, a w4nteer_fire department
g of a Fire Chiet, aR Assistant Chief, a Fore MarshalTand. -
G#iGers members as are needed to make the department operational. The
. . t shall be Gempesed Of Re less thaR fi#88R (15) nor more than
fifty (50) aGtive members with the single e)(GeptiGR that the ORO
appliGaRtS up te fifty five (55) in number shall be admitted as Gharte
membeFS, and therea#er, ne ap-tive memberships will be accepted Until
7-1-3 2: FIRE CHIEF:
A. A. Appointment: The Chief shall be appointed by the City
Council to serve as a regular employee in the capacity of Chief,
aad Fire Marshal, and Emergency Management Director. The
Chief shall adhere to the personnel policies adopted by the city
for regular -regular employees.
B. B Duties:
F
aad Genditfen—The Fire Chief will act as the department head of
the fire department managing all personnel, equipment and
facilities. The Fire Chief shall also act as the city's Emergency
Management Director to assure the City of Andover is meeting the
provisions of Chapter 12 of MN State Statute.
2. Reports=Reports: The Fire Chief shall assure all required reports
are completed and properly submitted to regulatory agencies as
outlined by law.
3. Training; Suspensions; Dismissals:
a. The Chief shall be responsible for the proper training and
discipline of the members of the fire department and may suspend
or dismiss any member for refusal or neglect to obey orders or
violation of anyGther personnel c+^ olp icies^f+owe
department
fin.
b. The City Administrator shall be the final authority in determining
the reasonableness of any dismissal.
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depaFtm8Rt shall FeGe'Ve GGFRP8Rsa_tin_.n as determined by the City GounGil. in
GeMputing GOmpensation for fires, one hour shall be GORSidered as the minimurn
- R - Ge OF disability of the Chief,
the AssistaRt Chief shall PeFfGFFn a4l the funn-tioRs and exercise all of the authGrmt
7-1-44 3: —FIREFIGHTERS' RELIEF • •
The members and officers of the fire department shall organize
thernselves_ into a Firefighters' Relief Association. The
insurance refund received from the state MIN Department of Revenue is to
be used feF the P61FGhase ef fiFe depaFtMeRt equipment fer the first three
(3) years of the depaFtmeRt'S existence, and theFeafteF to qG d forthe
Firefighters' Relief Association according to their approved by-laws.
(AmeRded QFd. 42, •
7-1-1-2- 4: PROHIBITED ACTS:
It shall be unlawful for any person to give or make, or cause to be given or
made, an alarm of fire or explosion without probable cause, or to neglect
or refuse to obey any reasonable order of the Chief at a fire, or to interfere
with the fire department in the discharge of its duties; and any person
convicted of violating this section shall be guilty of a misdemeanor and
shall be punished as defined by state law. ( meRded ^d-42° 8 19 7)
CHAPTER 2
FIRE CODE
SECTION:
7-2- 1: Code Adopted
7 2- 2: A.mendmeRtsT-G GAdc
7-2-9 2: -Definitions
7-2-4 3: Enforcement Official
-7r2� StapAt, Pe—i-e!
7-2-6 4: Recreational Burning And and Burn Permits
7-2-7 55: Violation; Penalties
7-2-8 66: Appeals
7-2-1: —CODE ADOPTED:
Pursuant to Minnesota Statutes, Section 299F.011, and as modified by
Minnesota Rules, Chapter 7511, the Minnesota State Fire Code, one copy-
- of which has been marked as the official copy and which is on file in the
office of the City Clerk, is hereby adopted as the fire code for the City of
Andover, Minnesota, for the purpose of prescribing regulations governing
conditions hazardous to life and property from fire or explosions Every
provision contained in the Minnesota State Fire Code, except as
hereinafter amended, is hereby adopted and made a part of this chapter
as if fully set forth herein. The scope of these regulations is intended to be
consistent with Minnesota Statutes, Section 299F.011. (Ord. 277, 6-17-
2003)
(1) The City of Andover adopts by reference the following appendices
to said Minnesota State Fire Code:
f Appendix --H- K- Fires or Barbecues on Balconies or Patios.
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7-2-3 2: DEFINITIONS:
. The following definitions shall apply to this chapter:
CODE OR FIRE CODE: Where not more specifically
t d h 11 t dt
JURISDICTION:
enumera e, s a a cons rue o
include the Minnesota State Fire Code,
as adopted by the State of Minnesota
pursuant to Minnesota Statutes;
Section 299F.011 and any
amendments thereto as adopted by the
City of Andover, as well as other
provisions of the City of Andover's
adopted ordinances.
Wherever the term "jurisdiction", is used
in the Minnesota State Fire Code, it
shall be held to mean the City of
Andover. (Ord. 277, 6-17-2003)
7-2-43: ENFORCEMENT OFFICIAL:
The Chief of the fire department (hereinafter for convenience of reference
"Chief' or"Fire Chief') or his authorized representatives shall enforce the
provisions of this chapter. The Fire Chief may detail such members of the
fire department as inspectors as shall from time to time be necessary.
(Ord. 277, 6-17-2003)
72 5: KIPERSONNEL- %NheR, iR the nninien of+he Chief, '+'S
esseRtial fGr publiG safety On a plaGe ef assembly er aRY Gthe� plaGe where people
rnnnrenn+e due to the n rnher of nemn , Gr the nature .. of the nerfnraRGe
exhibition display, GE)RteSt O Gt'V'ty, the owneF, ageRt OF lessee shall employ
7-2-P94: RECREATIONAL BURNING AND BURN PERMITS:
The Fire Chief and/or his authorized representative will administer and
regulate recreational fire and burning permit rules as established by fire
department policies. Failure to obtain the proper permits and/or violations
of those rules may be -enforced under this code and subject to penalties as '
defined for a misdemeanor violation. (Ord. 277, 6-17-2003)
7-2-7 5: VIOLATION; PENALTIES:
{ A:. A.—Unless otherwise stated herein, any person who shall violate any of
the provisions. of this code hereby adopted or fail to comply therewith,
or who shall,violate or fail to comply withany' order made thereunder,
or who shall build in violation of any detailed statement of
specifications or plans submitted there under; or any certificate or:
permit issued there under, and from which no appeal has beemtaken,
or who shall fail to comply with such an order as affirmed or:modified
by the Fire Chief or his authorized representative or by a court of
competent jurisdiction, within the time fixed herein, shall severally for
each and every such violation and noncompliance, respectively, be
guilty of a misdemeanor violation. The imposition of one penalty for
any violation shall not excuse the violation or permit it to continue; and
all such persons shall be required to correct or remedy such violations
or defects within a reasonable time; and when not otherwise specified,
each day that prohibited conditions are maintained shall constitute a
separate offense.
BB -The application of the above penalty shall not be held to
prevent the enforced removal of prohibited conditions. (Ord. 277,
6-17-2003)
j 7-2-6 6: APPEALS:
Whenever the Fire Chief or his/her representative shall disapprove or
refuse to grant a permit, or issue an order or notice as provided in the
Minnesota State Fire Code or Andover Fire Regulations, or when it is
claimed that the code or regulations have been wrongly applied or
interpreted,'the.aggrieving person may appeal the decision of the Fire
Chief as follows:
(1) The aggrieved person may file a written appeal to the Fire Chief
within ten days from the letter, notice or order.
- :(2) The person aggrieved by the decision of the Fire Chief may file a
written .appeal -with the City Administrator! The appeal to the City
Administratormust be made within thirty days from the date of the
Chief's decision:
(3) The person aggrieved by the decision of the City Administrator may
file'a,written appeal with the City Council. The appeal to the City
Councilmust be made within thirty days from the date of the r
decision of the City Administrator.
(4) The person aggrieved by the decision of the City Council may
appeal to the State Fire Marshal in accordance with Minnesota
Statute Section 299F.011, Subdivision 5.
s
CHAPTER 3
OPEN BURNING
SECTION:
7-3 -1: Definitions
7 3 2: Open Burning Prehibited Generally
7-3-32:_ Permitted Burning; Conditions
7-3-4 3: Violation; Penalty
7-3-1: DEFINITIONS:
BURNING- PERMIT: A written permit issued by the City Fire Chief
and!eF City Fore authorizing open
burning fres that are exempt From the gen erol
PFGViSiGRG he,ee , and setting conditions
therefore for open burning that does not meet the
definition of a Recreational Fire. Burning permits
require an inspection and approval to burn prior;,'.>
to burning.
CONTROL EQUIPMENT: Any device, approved by the Minnesota
Pollution Control Agency, which has the
function of controlling or abating the
emission of air contaminants to the
atmosphere.
OPEN BURNING:
PERSON:
Burning any matter whereby the resultant
combustion products are emitted directly to
the open atmosphere without passing through
any adequate control equipment. Open
burning requires a permit and is sublect to
approval. Open burning requires a permit
when burning permitted combustibles is
larger than three foot by three foot in
diameter.
An individual, corporation,
association, society or firm.
RECREATIONAL FIRE: A wood burning fireplace and/or epeR fire used
solely for outdoor enioyment and/or food
diameterpreparation no larger than three foot in
-. within a
noncombustibleportable fire.
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7-3-3 2: PERMITTED BURNING; CONDITIONS:
A. Burning Permitted; Conditions: Open burning of the types and
subject to the conditions as hereinafter stated shall be exempt from
the prohibition of Section 7-3-2 of this chapter.
1. Recreational Fires:
a. a— Recreational fires are allowed, but are subject to the
following limitations:
b. O -)-Hours APA and Number Of of Days:
Burning will be allowed from ' '
noon (12:00) until one o'clock (1:00) A.M. (Monday
through mday)- Sunday through Saturdayand, from
twoA.M.
aad LaborDay,Recreational fires will not be allowed for
more than three (3) consecutive days at the same
property or location.
c_(" ""* dant Supervision:
The fire is to be attended at all times shall always to be
by supervised by a responsible person -adult who
understands the rules for burning and who can also use
the extinguishing equipment that must be present. An
attendant shall supervise the burning material until the
fire has been pFeperly extinguishedco Ietely
extinguished. Shovels, buckets of water, a fire -and
extinguisher, and a garden hose are considered proper
equipment for extinguishment.
c (3) -Size: The fire
Recreational fires can be no larger than three feet by
two -three feet (3'x 2-!3') in diameter and flames can be
no higher than three feet (3'). Fires larger than this
requirement are not permitted without an approved
ep rmlt.
e_(4) -Fire Ring -OSP -+b;
The fire must be eenstrueted contained withinin a
noncombustible "fire ring" and/or pit at least Ny„e,+yfivee
twenty-five feet (25) away from any structure_
f. Portable Fire Pit/Place:
A portable fire pit, approved for its use, shall be no closer
than ten feet (10) to a structure. Portable fire pits burning
combustible materials shall have a noncombustible
surround protecting ashes and embers from escaping the
pit while in use. Fire pits/places using natural gas or.. _
propane are not required to have the surround but shall
maintain a distance of ten feet to a structure.
g_(5}Wind Speed:
The wind speed must be below ten (10) miles per hour to
conduct a recreational fire or permit burn.
h_WProhibited Starting Materials:
_-Flammable/4KM4dsCombustible liquids n4ay-shall not be
used to _start -ignite any reereatienal-fire.
i_(7) -Burning Ban's, mac:
41f a statewide or local burning ban is in effect, all
recreational fires shall be are prohibited. Those
responsible for conducting an open burn shall bear the
responsibility to assure the conditions are in favor of
burning and not a threat to human life or property
damage.
j_WEermitted Material:Tes ti
Only clean, dried wood (similar,to what is burned in a
living room fireplace) or charcoal is permitted to be
burned. Absolutely no grass, leaves, or brush is aAewed
tecan be burned.
k. Prohibited Materials: The following are prohibited
materials and cannot be burned at any time.
(A) Tires, rubber or rubber products.
(B) Chemically treated lumber.
(C) Railroad ties, telephone poles.
(D) Plastic pesticide or herbicide containers.
(E) Chemicals of any kind.
(F) Plastic liners in seed, feed, or pesticide bags.
(G) Any plastic containers or other household waste.
(H) Tarpaper, shingles, or other asphalt materials
(1) Insulation.
(J) Composition board or sheetrock.
(K) Construction materials.
(L) Wiring, insulation on wiring, or cable.
(M) Hazardous waste (including household hazardous
waste).
(N) Commercial or institutional structures.
(0) Paint or paint filters.
(P) Used motor oil or other petre4ez„Tr-pased
petroleum-based liquids:
(Q) Vehicles, motors, or parts of vehicles or motors.
(R) Furniture or appliance.
(S) Other items or materials. as determined by the Fire
Chief to not be appropriate.
1. b -Violations of any of the above rules will result in the
immediate extinguishment of the fire. These and any
other violation of the open burning laws could result in
loss of the right to have recreational fires and may result
f in a citation and/or fee.
2. Managed Fires:
Fires under managed supervision, for which a written
burning permit has first been obtained from the Q*Fire
Chief ^^d'� o, aFs4a', where necessary, but -is limited to the
following:
a. Fires purposely set for the instruction and training of
public and industrial firefighting personnel.
b. Fires set for the elimination of a fire hazard that cannot be
abated by any other practicable means. (Ord. 237, 11-4-
1997)
c. The burning of trees and brush. The fee for such permit
shall be in such amount as set forth in the cities adopted fee
schedule.
by gFdiRaRGea (Ord 237 11 4_1997; amd 2003 GGde)
A. Any exemption hereafter adopted by the Minnesota
Pollution Control Agency and the Minnesota Department of
Natural Resources.
B. Liability €erfor Damages:
::Exemption to conduct a fire or burn under this section does not excuse a
person from the consequences, damages or injuries which may result
therefrom, nor does it exempt any person from regulations promulgated
by the Minnesota Pollution Control Agency, MN Department of Natural
erResources, or any other governmental unit exercising jurisdiction in
matters of pollution or fire hazard regulation.
C. State Rules Adopted: Minneseta Rules, Parts 7005.0700 to 700&.G�
mended) are hereby adopted relating ton n buMiRg Rd
of permits. (Ord 237 11 A 1997)
7-7-3-4 3: VIOLATION; PENALTY:
Any person violating the provisions of this chapter shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished as defined
by state law. (Ord. 237, 11-4-1997)
Adoptedby the City Council of the City of Andover on this 19th day of March,
2019.
ATTEST:
s
Mi elle Hartner, City Clerk
CITY OF ANDOVER
e Trude, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 490 SUMMARY
AN ORDINANCE AMENDING CITY CODE TITLE 7 FIRE DEPARTMENT REGULATIONS,
CHAPTERS 1-3
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota
Statute 412.
Policy
The purpose of these regulations is to protect the public health, safety and welfare. The proposed amendments
to City Code Title 7, FIRE DEPARTMENT Chapters 1-3 deletes antiquated policy and redefines the current
fire department model. The changes better define the use of recreational and permit burning and changes the
hours for recreational burning from 5:00 PM to 12:00 PM Sunday through Saturday.
GENERAL PROVISIONS AND DEFINITIONS
Jurisdiction
The provisions of this ordinance shall apply to the City of Andover.
Enforcement
The City Administrator or his/her designee shall have the authority to enforce the provisions of this
ordinance.
Interpretation
Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be
liberally construed in the favor of the governing body.
A printed copy of this ordinance is available for inspection by any person during regular hours of the City
Clerk.
Adopted by the City Council of the City of Andover on this 19' day of March, 2019.
ATTEST: CITY OF ANDOVER
%Mi+clle4Hmer, Deputy City Clerk li Trude, Mayor