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Home My WebLink AboutOrd. 350 - State Fire Code CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE NO. 350 SUMMARY AN ORDINANCE AMENDING CITY CODE TITLE 7 CHAPTER 2 AND ADOPTING THE 2007 MINNESOTA STATE FIRE CODE (CHAPTER 7511) STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statute 462. Policy The purpose of amending City Code Title 7, Chapter 2 and approving an ordinance to adopt the 2007 Minnesota Fire Code (and Appendices H and I) is to stay current with the newest Minnesota Fire regulations. The proposed changes provide: 1.) Standby personnel on fire watch when it is determined to be necessary by the Fire Chief; 2.) Establish an appeal process for rulings, 3.) Administer and regulate recreational fires and burning permits. 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 8th day of August, 2007. ATTEST: CITY OF ANDOVER ~/;,~ ()~ ~~Maym Victoria V oIk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA - STAlE OF MlNNESOTA ORDINANCE NO. 350 I AN ORDINANCE AMENDING CITY CODE TITLE 7. CHAPTER 2 ADOPTING THE MlNNESOTA STATE FIRE CODE AND APPENDICES H AND I BY THE CITY OF ANDOVER AND AMENDING THE MlNNESOTA STAlE FIRE CODE BY PROHIBITING OYER-CROVlDING OF PU~CES OF ;\SSEMBL Y, TO PROVIDE FOR STANDBY PERSONNEL ON FIRE WATCH WHEN DETERMINED TO BE NECESSARY BY THE FIRE CHIEF, TO ESTABLISH APPEAL PROCESS TO THE LOCAL GOVERNING BODY AND TO ADMINISlER AND REGULATE RECREATIONAL FIRES AND BURNING PERMITS The City Council of the City of Andover does ordain: Section 1. Minnesota State Fire Code-Adootion. Pursuant to Minnesota Statutes, Section 299F.OII, and as modified bv Minnesota Rilles. Chapter 7511 J 7510.3510, the Minnesota State Fire Code, one (I) copy of which has been marked as the official copy d 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 explosion. 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. (I) The City of Andover adopts bv reference the following appendices to said Minnesota State Fire Code: (a) Appendix H - Fires or Barbecues on Balconies or Patios. (b) Appendix I - Special Locking Arrangements for Group I Occupancies. Section 2. Enforcement. 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. Section 3. Definitions. The following definitions shall apply to this chapter: (1) Jurisdiction. Wherever the term ''jurisdiction'' is used in the Minnesota State Fire Code, it shall be held to mean the City of Andover. (2) Code; fire code. "Code" or "fire code," where not more specifically enumerated, shall be construed to include the Minnesota State Fire Code, as adopted by the State of Minnesota pursuant to Minnesota Statutes, Section 299F.Oll and any amendments thereto as adopted by the I City of Andover, as well as other provisions of the City of Andover's Adopted Ordinances. Section 4. Amendment to the Minnesota State Fire Code. a) Amend Section 307 of the Minnesota State Fire Code by adopting section 307.5. b) Chapter 45 of the State Fire Code, as amended by Minnesota Rule 7510.3674, is further amended by adding language "The Fire Chief and/or his authorized representative may reference later editions of the NFP A standards as they becOme published." c) Chapter L Section 105 is amended bv adding sections to read: (1) 105.1.1.1 Permit Fees. Permit fees shall be in accordance with Andover City Code. Chapter 7. 1-7.3 and are payable at the time of ao~lication. (2) Section 105.1.1.2 Failure to Obtain Approved Permits: The owner(s). their representative( s). or contractor( s) mav be charged a penalty fee for failing to obtain an approved permit prior to conducting work on site. Section 5. Penalties. (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 with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, 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 (I) 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. (b) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. Section 6. Standby PersonneL When, in the opinion of the chiet: it is essential for public safety in a place of assembly or any other place where people congregate, due to the number of persons, or the nature of the performance, exhibition, display, contest or activity, the owner, agent or lessee shall employ one or more qualified persons, as required a approved, to be on duty at such place. Such individual's duties shall be the following; Be subject to the chiefs orders at all times when so employed and shall be in uniform and remain on duty during the times such places are open to the public, or when such activity is being conducted. Before each performance or the start of such activity, such individuals shall inspect the required fire appliances provided to see that they are in proper place and in good working order. They shall inspect the means of egress to see that they are readily visible and easily accessible. They shall inspect for any conditions liable to cause or contribute to a fire and require the owner or agent to remedy any such conditions prior to any performance or activity. They shall keep diligent what for fires during the time such place is open to the public or such activity is being conducted and take prompt measures for extinguishment of fires that may occur. Such individuals shall not be required or permitted, while on duty, to perform any other duties than those specified herein. Section 7. Recreational Bumine: and Bum 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. Section 8. ADDeals. 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 inter:preted. the aggrieving person may appeal the decision of the Fire Chiefas 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 Administrator must be made within thirty dayS from the date of the Chiefs 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 Council must be made within thirty dayS from the date of the 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.Ol1. Subdivision 5. Section &9 Effective Date. I This Ordinance shall take effect and be in force from and after its approval as required by Law. Adopted by the City Council of the City of Andover this 8th day of August- .2007 I CITY OF ANDOVER tfffr~ . chae1 R. Gamache - Mayor ATTEST: a,~ orl? Victoria V oIk - City Clerk