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HomeMy WebLinkAboutOrd. 063 - Uniform Fire Code CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 63 AN ORDINANCE ADOPTING THE UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS PRE- SCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM- FIRE OR EXPOLSION, PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS, AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFORE AND DEFINING THEIR POWERS AND DUTIES. BE IT ORDAINED BY THE CITY OF ANDOVER. SECTION 1. ADOPTION OF THE UNIFORM FIRE CODE There is hereby adopted by the City of Andover for the pur-pose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain Code and Standards known as the Uniform Fire Code, including Appendix Chapters l-A, l-B, 11-B, II-C, II-D, III-A, III-B, III-C, IV-A, V-A, VI-A, VI-B, VI-C, VI-D, and the Uniform Fire Code Standards published by the Western Fire Chiefs Associations and the International Conference of Building Officials, being particularly the 1982 editions or any subsequent editions adopted by the State of Minnesota thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended by Section 7 of this ordinance of which Code and Standards of which one copy has been and will be on file in the office of the Clerk of the City of Andover and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect the provision thereof shall be controlling within the limits of the City of Andover. SECTION 2. ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE PREVENTION. A. The Uniform Fire Code shall be enforced by the Bureau of Fi.re Prevention in the Fire Department of the City of Andover which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department. B. The Fire Marshal in charge of the Bureau of Fire Prevention shall be appointed by the voting Fire Department membership and City Council approval on the basis of examination to determine his qualifications. C. The Chief of the Fire Department may detail such members of the Fire Department as inspectors as shall from time to time be necessary. The Chief of the Fire Department shall report to the City Council the employment of technical inspectors, who, when authorization is made, shall be selected through an interview and review written qualifications to determine their fitness for the position. The interview shall be open to members and non-members of the Fire Department and appointments made after examination shall be for an indefinite term. Fire Chief may at his discretion add or delete names of technical inspectors based on their qualifications or their performance. SECTION 3. DEFINITIONS A. Wherever the word 'jurisdiction' is used in the Uniform Fire Code, it is the City of Andover. 1\:\. \.~. .\:.Y B. Wherever the words 'Chief of the Bureau of Fire Prevention' are used, they shall be held to mean the Fire Marshal. C. Wherever the term 'corporation council' is used in the Uniform Fire Code, it means the City Attorney of Andover. D. Wherever the word 'Fire Prevention Bureau' is used, shall mean: A fire prevention bureau is established within the Fire Department under the direction of the Fire Chief, which shall consist of such Fire Department personnel as may be assigned thereto by the Fire Chief. The function of this bureau shall be to assist the Fire Chief in the administration and enforcement of the fire provisions of this code. E. Wherever the word 'hotel' is used it shall mean any building containing six (6) or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied or which are occupied fo~ sleeping purposes by guests. F. Wherever the words 'apartment house' are used they shall mean any building or portion thereof which contains three (3) or more dwelling units. SECTION 4. AMENDMENTS MADE IN THE UNIFORM FIRE CODE. The Uniform Fire Code is amended and changed in the following respects: Section 2.303 paragraph (b) is amended as follows: Whenever this code is inapplicable for any reason to any situation involving the protection of persons and the materials, method of construction, installations, practices or operation necessary to provide such protection shall, to a reasonable degree, be in accordance with nationally recognized and accepted standards, principles, tests and generally recognized and well established methods of Sixteen (16) Volumes of the 1982 edition of the National Fire Code, of the National Fire Protection Association, technical or scientific organizations, which are adopted by reference as part of this code as though set forth herein. Section 11.204, paragraph (b) is added and reads as follows: a) the use or display of natural or resin bearing trees or decorati.ons in hospitals and nursi.ng homes is prohibited; b) the use, display, or storage of natural or resi.n bearing trees without open flames or electric light decorations is permitted in schools, churches, places of assembly, hotels and mercantile occupancies; c) the use or display of flame retardant artificial trees decorated with U.L. listed electric lighting systems is acceptable in all occupancies; d) natural or resin bearing trees shall not be stored on balconies or grounds of hotels, apartments, convents or monastaries (each accommodating more than 10 people). Section 11.101, paragraph (a) referenced to Section 4.101 is amended and reads as follows: The Minnesota Pollution Control Agency Rule APC8, Open Burning, 6M.C.A.R. 4.008 as amended on May 13, 1976 is hereby adopted and incorporated into the code in whole as if herein set out in full. This section of the code s.hall be administered and enforced by the Chief of the Fire Department or his official designee. One copy of this rule APC8 shall be on file in the office of the City Clerk. Section 11.205, paragraph (c) is to be added and reads as follows: It shall be un- lawful for any owner or occupant of any structure containing three (3) or more residential units to maintain in an operable condition or operate within a garage, whether attached or detached, used as an accessory use to such residential unit, the following: 1) an open flame-type heater or stove; 2) welding or torch cutting equipment; 3) any other equipment utilizing an open flame. Section 11.205, paragraph (d) is to be added and reads as follows: a) In any structure containing two (2) or more vertically stacked residential units, no person @ -2- shall kindle, maintain or cause any fire or open flame on any balcony above ground level, or on any ground patio immediately adjacent to or within fifteen (15) feet of any unit; b) No person shall store or use any fuel, barbeque, torch or other similar heating or lighting chemicals or devices in either of the above places. SECTION 5. REPEAL OF CONFLICTING ORDINANCES All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or of the Code or Standards hereby adopted are hereby repealed. SECTION 6. VALIDITY The City of Andover hereby declares that should any section, paragraph, sentence or word of this ordinance or of the Code or Standards hereby adopted be declared for any reason to be invalid, it is the intent of the City of Andover that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 7. APPEALS Whenever the Chief disapproves or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the app11cant may appeal from the decision of the Chief to the Andover City Council within thirty (30) days from the date of the decision appealed. SECTION 8. NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS The Building Inspector, the Chief and the Chief of the Bureau of Fire Prevention shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes, or occupancies for which permits are required in addition to those now enumerated in said code. The Chief of the Bureau of Fire Prevention shall post such list in a conspicuous place and distribute copies thereof to interested persons. SECTION 9. PENALTIES A. Any person who shall violate any of the provisions of this Code or Standards hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any ,; certificate or permit issued thereunder, and fram which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the "Corporation Council" 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, punishable as defined by State Law. 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 ten days that prohibited conditions are maintained shall constitute a separate offense. B. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. SECTION 10. DATE OF EFFECT This ordinance shall take effect and be in force from and after its approval as f0.. \;,.Y -3- required by law. Adopted by the City Council of the City of Andover this 5th day of April 1983. i-AiTEST: @ CITY OF ANDOVER ~ .~ Je ~1Ih I, Mayor -4-