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98-020 ORDORDINANCE 98-20 CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 1000 (STATE BUILDING CODE) AND ESTABLISHING A NEW SECTION 207 (FIRE PREVENTION) The City Council of the City of Elk River does hereby ordain as follows: Section 1. That Section 1000.00 of the City of Elk River Code of Ordinances shall be amended by deleting Section 1000.001.R and recodify Section 1000.00 accordingly. Section 2. That a new Section 207 be established as follows: SECTION 207 - FIRE PREVENTION 207.00 ADOPTION OF MINNESOTA UNIFORM FiRE CODE The 1997 Minnesota Uniform Fire Code, promulgated pursuant to Minn. Stat. Section 299F.011 and Minn. Rules Chapter 7510, is hereby adopted by the City for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, except those portions that are deleted or amended by Section 207.14 of this ordinance. All future editions of the Minnesota Uniform Fire Code shall automatically be adopted by the City as they are approved by the State of Minnesota, except those portions that may be deleted or amended by Section 207.14. One copy of the Minnesota Uniform Fire Code in effect within the City shall be on file in the office of the City Clerk. 207.02 ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE PREVENTION 1. Establishment. The Bureau of Fire Prevention is hereby established in the Fire Department of the City. The Bureau shall be operated under the supervision of the Chief of the Fire Department. The Minnesota Uniform Fire Code shall be enforced within the City by the Bureau. 2. Staffinq. The Chief of the Fire Department may detail such members of the Fire Department as inspectors for the Bureau as shall from time to time be necessary. The Chief shall recommend to the Council the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members ahd nonmembers of the Fire Department. 207.04 DEFINITIONS CHIEF OF THE BUREAU OF FIRE PREVENTION Wherever the words "Chief of the Bureau of Fire Prevention" are used in the 1.1 Minnesota Uniform Fire Code, they shall be held to mean the "Fire Chief." JURISDICTION Wherever the word "jurisdiction" is used in the Minnesota Uniform Fire Code, it shall be held to mean the City of Elk River. 207.06. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVE GROUND TANKS IS PROHIBITED The limits referred to in the Minnesota Uniform Fire Code in which the storage of flammable or combustible liquids in outside above ground storage tanks is prohibited are hereby established as the following zoning districts of the City" 1. R-lb 2. R-lc 3. R-ld 4. R-le 5. R-2 6. R-2b 7. R-3 8. R-4 9. PUD 10. BP 11. C-1 12. C-2 207.08 ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF LIQUIFIED PETROLEUM GASES IS TO BE RESTRICTED The limits referred to in the Minnesota Uniform Fire Code in which storage of liquefied petroleum gas is restricted are hereby established as the following: 1. Residential Districts. In all residential districts, liquefied petroleum gas containers shall be installed in accordance with the following requirements: A. Each individual container shall be located with respect to the nearest important building or group of buildings or line of adjoining property which shall be built on in accordance with the following table: Water Capacity Per Container Less than 125 gallons 125 to 250 gallons 251 to 500 gallons 501 to 2,000 gallons Between A]Dove Containers Ground Containers 10 ft. None None 10 ft. 10 ft. None 10 ft. 10 ft. 3 ft. 25 ft.* 25 ft.* 3 ft. *Note: The above distance requirements shall not be reduced to less than ten (10) feet for a single container of 1,200 gallons water capacity or less, providing such a container is at least 25 feet from any other L? gas container of more than 125 gallon water capacity. B. It shall be unlawful to install and LPG containers for use where one is stacked above the other. C. It shall be unlawful to install any LPG container or combination thereof larger than 1,200 gallon water capacity unless it is enclosed in an area with a secure fence six feet in height. 2. Commercial or Industrial Installations. No LPG container shall be installed in any commercial or industrial district as shown and indicated on the official zoning map except in strict compliance with NF?A 58, standard for the storage and handling of liquefied petroleum bases. 3. Permit Hequired. No LPG container having a water capacity greater than 125 gallons shall be installed at any location without first having obtained a permit therefore from the Building Inspector and payment of a permit fee to be established by the Council. 4. Temporary Portable Containers. Nothing contained herein shall prevent the use of temporary portable containers during construction on the premises or for a period of not to exceed four (4) months if permanent service of natural gas is prohibited because of frost conditions, subject to the issuance of a permit by the Chief Building Official. 5. Open Flame Heaters Banned. It shall be unlawful for any owner or occupant of any structure containing two (2) or more residential units without a property line 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: ao An open flame-type heater or stove. Welding or torch cutting equipment. Any other equipment utilizing an open flame. 207.12 ESTA]BLISHI~ENT OF RESTRICTIONS ON THE USE OF BAi~BECUES 1. In any structure containing two or more vertically stacked residential units, no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio immediately adjacent to or within 15 feet of any unit. 2. No person shall store any fuel, barbecue, torch, or other similar heating or lighting chemicals or devices on any balcony above ground level, or on any ground floor patio immediately adjacent to or within 15 feet of any unit. 3. Electric grills or gas fired barbecue grills which are permanently mounted, wired, or plumbed to the building's gas supply or electrical system and maintaining a minimum clearance 1.3 of 18 inches on all sides shall be installed on balconies and patios when approved by the Fire Chief. 207.14 AMENDMENTS MADE TO THE MINNESOTA UNIFORM FIRE CODE The Minnesota Uniform Fire Code is amended and changed in the following respects: 1. It is unlawful to park any vehicle or to locate any obstruction in an area designated as a fire lane, whether said fire lane is adjacent to a public or private structure or property. 2. The Chief of the Fire Department or his or her representative shall review all building plans, except plans for single or two family residences to assure compliance with the provisions of the Minnesota Uniform Fire Code and he or she shall note any violations discovered in connection with said proposed structures to such persons as shall be charged with the responsibility for review of said plans. 3. Section 1111.2.3 of the Minnesota Uniform Fire Code and shall be amended to read as follows: FIRE DOOR DO NOT OBSTRUCT or FIRE DOOR KEEP CLOSED 4. Article 1, Section 105 of the Uniform Fire Code, 1997 Edition, titled "Permits" is adopted in its entirety and incorporated as fully as if set out herein. 5. Each permit issued by the Fire Department, pursuant to the Minnesota Uniform Fire Code, shall be issued for a one year period unless otherwise provided in this subdivision. Further provided that tank installation and removal permits shall be valid until revoked by the Fire Chief or his designee. The Chief of the Fire Department shall establish procedures and forms to carry out the intent of this subdivision. 6. The Chief and members of the Fire Prevention Bureau shall have the powers of a Police Officer in performing their duties under this code. 7. Resurfacinq and Refinishing. Fire Code is amended as follows: Article 26 of the Uniform A. The title of Article 26 is changed to resurfacing and refinishing. B. Section 2601 is amended to read as follows: "Bowling alleys, roller skating rinks, and other public assembly occupancies shall conform to all other applicable requirements of this code, as well as the following provisions." C. Section 2602 of the Uniform Fire Code is amended to read as follows: "No person shall conduct bowling pin refinishin~ and bowling alley or floor resurfacing and refinishing operations involving the use and application of flammable liquids or materials without a local permit." D. The subtitle of Section 2603 is changed to resurfacing and refinishing. E. The subtitle of Section 2604 is changed to refinishing. 8. Fuel Oil. Section 6105 of the Uniform Fire Code is amended to read as follows: "The grade of fuel oil used in a burner shall be that for which the burner is approved and as stipulated by the manufacturer. Crank case oil or any oil containing gasoline may only be used in units designed for such use, and approved and listed by a testing agency recognized by the City." 9. Christmas Trees. The use or display of natural or resin bearing trees or decorations in hospitals, schools, and nursing homes is prohibited. 207.16 FIRE LANES 1. The marking of fire lanes on private and pubic property, devoted to public use, shall be approved by the Chief of the Fire Department and/or the Chief of Police. 2. Parking of motor vehicles or otherwise obstructing fire lanes shall be prohibited at all times. A violation thereof shall constitute a misdemeanor. 207.18 APPEA3~S Whenever the Chief of the Fire Department shall fail to approve an application or refuse 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 applicant may appeal from the decision of the Chief of the Fire Department to the City Council within 30 days from the date of the decision appealed. 207 · 20 NEW PERMITS The City Administrator, the Building and Zoning Administrator, and the Chief of the Fire Department shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes, or occupancies which shall require permits, in addition to those now enumerated in said Code. Such list shall be kept available at the City Hall. Section 3. That this ordinance if effective upon approval by the City Council and publication as required by law. //l~nry~,~. Duitsm~n, Mayor ATTEST: ×S~nd~a-A. p~ine, City Clerk \Xelkriver\sys\shrdoc\document\ordinancXfireprev.doc 1.6 1",,-'- ; ", .' o'lt.tll~.\UlC1!l' '8~20 AN ORDmANCE o'Frr~b~~ . ,UlENDINGS~O~ l00C) (STA~ JltJII;l:ftINGCOJ:')J!i)tusumG ANE~ SJjlC~, .:' ....... '.' TlON:207(FIJUij ON) '. t 'rheOlty'CoQllcil'ofthe.9ity or.~m !I 'hereby ordain as fO~:d~~~nce . SeetioD:.h,Tluill' $ectiop JQQQ.OQ;C)~ . . . : pfElk River <?Ode of :>-' s shall be amendedllydeleti,:tI.~SectiQn,l ,)I,:Jland recodifY Section 1~~.00 accordingly. . .:. .' '.' ~ . . Section 2. That a new section 2Q7 11':' estalllished asfoUows: . SECTION 207 - FlRl\1 PREVl!lNTION .... 207.00ADo'PTIONOFMINNESo'T~~JFo'JlMFIRE.~o'PE.. . .... . The 1997 Minnesota Uniform FiI'eCl,Ille,'prolJl'l1lgated P~U8Ilt to. :Mimi. st!lt. Section 299F.011 and Minn.R\1le& Cl1apter 7510ris here~~a4oPtedlly the C~ty for the purpose of prescrilling re~ations govel1UD~ CQ~tionshazardP11B to life and property from fire and exploslO~, excll~t tllose. portions tl1at .~~ deleted or amended by Section 207.14 of this' oriJllUlDce.'All future editions o.f the Minnesota Uniform Fire Code shall automati~y btl adopte~ by the Clty as they are approved by the State of Minnesota, e~cept th~ portions th,atmay .be deleted or amended by Section 207.14. one co~yofthe Mlnnesota pniform Fire Code in effect within the City shall be on file In the office of the Clty Clerk. 207.02 ESTABLISHMENT AND DUTIES O,FBUREAU o'F FIRE PREVEN- Tlo'N . . . he' b tabli h d .th 1. Establishment. The Bureau of Finl Prevention IS re y es s e m .8. Fire Department of the City. The Bureau shall. be operated ~er the .SUperVi- sion of the Chief of the Fire Department. The Minnesota Uniform. Fire Code shall be enforced within the City by the Bureau. . '.. 2. Staffing. The Chief of the Fire Department may detail s~ch me~bers of we Fire Department as inspectors for the Bureau as shall from time to time be ~c- essary. The Chief shall recommend to the Council the employment of ~cal inspectors, who, when such au.thorization is made, :s~ be selecte~ tIu:ough an examination to determine their fitness for the posltion. The exammatlon shall be open to members and nonmembers of the Fire Department. 207.04 DEFINITIONS . CHIEF o'F THE BUREAU o'F FI~ PREVENT~o'N Wh~rever the ~ords "Chief of the Bureau of Fire Prevention~ .are11Bed In the Mlnnesota Uniform Fire Code they shall be held to mean the "Fire Chief. H. . JURISDICTION Wherever the word "jurisdiction" is used in the Mlnnesota Uniform Fire. Code, it shall be held to Iqean the City of Elk River. 207 06 ESTABLISHMENT o'F LIMITS O,F DISTRICTS IN WHICH. STo'R- AGE 'o'F FLAMMABLE o'R CO,MBUSTIBLE LIQUIDS IN o'UTSIDE ABo'VE GRo'UND TANKS IS PRO,HIBITED . . '. .' . The limits referred to in the Minnesota Uniform Fire Code m which the stor- age of flammable or combustible liquids in outsi~e abov~ gro';IDd. storage taD;ks is prohibited are hereby established as the folloWlng zomng districts of the Clty 1. R-1b 2. R-1c 3. R-1d 4. R-1e 5. R-2 6. R-2b 7. R-3 8. R-4 9.PUD 10.BP 11.~1 . 12 C-2 ' 207.08 ESTABLISHMENT o'F LIMITS o'F DISTRICTS IN WHICH STO,lt- AGE o'F LIQUEFIED PETROLEUM GASE~ IS T~ BERE~TRI~D . The limits referred to in the Minnesota Uniform Fire Code In which sto~age of liquefied petroleum gas is restricted ~ h~reb.r es~bli~ed as the folloWlng: 1. Residential Districts. In all resldential dIStricts, liq~efied p~troleum gas containers shall be installed in accordance with the folloWlng reqUirements: A. Each individual container shall be located with respect to the near~st important building or group of ~uildings or ~ne of adjoining property which . shall be built on in accordance Wlth the folloWlng table: Water Capacity Per Container Containers Between ~ove Ground Containers Less than 125 gallons 10 ft. None None 125 to 250 gallons 10 ft. 10 ft. None 251 to 500 gallons 10 ft. 10 ft. 3 ft. 501 to 2,000 gallons 25 ft.* 25 ft.* 3 ft. *Note: The above distance requirements shall not be reduced to less than ten (10) feet for a single container of 1,200 gallons water capacity ?r less, providing such a container is at least 25 feet from any other LP gas contamer of more than 125 gallon water capacity. . . B. It shall be unlawful to install and LPG containers for use where one lS stacked above the other. C. It shall be unlawful to install any LPG container or combination thereof larger than 1,200 gallon water capacity unless it is enclosed in an area with a secure fence six feet in height. 2.Commercial'or IndustrialliUitallations:-NoLPG container shall.be install~d in any commercial or industrial district as shown and indicated on the official zoning map except in strict compliance with NFPA 58, standard for the storage . and handling of liquefied petroleum bases. 3. Permit Required. No LPG container having a water capacity greater thaI 125, gallons shall be installed at any location without first having ~btained I permit therefore from the Building Inspector and payment of a permlt fee to bt established by the Council. 4. Temporary Portable Containers. Nothing contained herein shall prevent th use of temporary portable containers during construction on the premises or fo a period of not to exceed four (4) months if permanent service of natural gas i prohibited because of frost conditions, subject to the issuance of a permit by th Chief Building o'fficial. 5. Open Flame Heaters Banned. It shall be unlawful for any owner or occu pant of any structure containing two (2) or more residential units without , property line to maintain in an operaple condition or operate within a garagE whether attached or detached, used as an accessory use to such residential unit the following: A. An open flame-type heater or stove. B. Welding or torch cutting equipment. C. Any other equipment ut~izing an open flame. 207.12 ESTABLISHMENT o'F RESTRICTIONS o'N THE USE o'F BARBE CUES 1. In any structure containing two or more vertically stacked residential unitE no person shall kindle, maint~n, or cause any fire or open flame on any balcon; above ground level, or on' any ground floor patio immediately adjacent to 0 within 15 feet of any unit. 2. No person shall store any fuel, barbecue, torch, or other similar heating 0 lighting chemicals or devices on any balcony above ground level, or on an; ground floor patio immediately adjacent to or within 15 feet of any unit. 3. Electric grins or gas fired barbecue grills which are permanently mounted wired, or plumbed to the building's gas supply or electrical system and maiD taining a minimum clearance of 18 inches on all sides shall be installed on bal conies and patios when approved by the Fire Chief. 207.14 AMENDMENTS MADE TO THE MINNESo'TA UNlFo'RM FIRJ Co'DE The Minnesota Uniform Fire Code is amended and changed in the followiIlj respects: 1. It is unlawful to park any vehicle or to locatjl any obstruction in an area des ignated as a fire lane, whether said fire lane is adjacent to a public or privati structure or property. 2. The Chief of the Fire Department or his or her representative shall reviell all building plans, except plans for single or two family residences to asSurl compliance with the provisions of the Minnesota Uniform Fire Code and he OJ she shall note any violations discovered in connection with said proposed struc. tures to such persons as shall be charged with the responsibility for review oj . said plans. 3. Section 1111.2.3 of the Minnesota Uniform Fire Code and shall be amended to read as follows: , FlltE Po'O,R P9NOT OQSTltUGT "',,' l,Ir:' ". . , FIREDo'OR '. 'KEEP CI,.OSED STATE OF MINNESOTA ) )ss. COUNTY OF SHERBURNE) t \\7Jtbetl\ \-\e\-\'\!\ S being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspa- per known as The Elk River Star News, and has fun knowledge of the facts which are stated below: (A) The newspaper has complied with all the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed 0 Y'" dA(\CV1\.( e g B - ~ a which is attached was cut from the columns of said newspaper, and was printed and published once each week, for \ suc- cessiveweeks;itwasfirstpublishedon Wednesday, the de \j) day of Oc +0 \l(? "" . 19..9..B.., and was thereafter printed and published on every Wednesday to and including Wednesd'ay, the_day of ,19_; and printed below i& a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice. a bc de fghij kl mnopqrstu v wxyz BY: i~~ TITLE: G-e:x'Ie-yn \ 'fY\CVY\Cl~""'" 3D1n Su~c~bed and sworn to before me on this Ul-tt1 'ocr , 19 a . day of m (1) $ 5YltJ I 00 $ Lj:l.Cf I 0 ''-' $ 4d9,o~7 4. ~cler! .~ectil,lri.l()5pf ~e'UnifprmFlre.Code, '1997 EditiQn, ti*led . "J'ermUs" is IldoPtedillitsel1ti,re~and'.ml;Qrporatedlls fully l18if set out here: in.'. ....... . .,:,;,,,: I ..... ..... ............. '.. . 5. Ealili pePJiUt il!sued 11)' ~eFirll Pep~ent,~~lI4Dt to. th!lMinne.so~ Uniforw FireC~I,l'ill~~,.issMCtfl,lf.!101lll)'e~perio!lqnlelis otherwise PfO-. . vided \11 thil;1..sulldhrilliQ9'.',FwtA81' pl'oviclildW4t. ~'iJ1s~ti(lnllQd removal . permits sh@ ~"A1i~\1ntil revoked llY ~~ Gmllf or hi.!I df;lsignee. Tllf;lphief of the ,lfirll Pe~JP.ellts~n,,'l!~lisb,pl'()ll*:lcl~~~di~O~ito c:arTyO~t the intentl,lf Will!ul:lliivision,..':h ..'.' < \', ,,:',i,. >:. 'i"" '. ..' 6. The Chi~fand wemlle~oftli~~PJ:eylmti,l,InBurea1.l,'shJlJJ;~"e !th~tPow- ersofa.. Pl,Ilj~Qtn~J;'~pel'fo~p,~ thelrAutiell Yndel' th\llCQ!lf;l""<,:(.:: , 7 .Res\ll"f3cing~Rll~lUllg.~clll\!Q of thllVnifol'lIl'rt?CPCle is amend. ed. as follows:", . ."I'..k,'.... ./' , . ....".. ..,..,'... A. Ti\e tit1~., ,~i~i~ngedt;~f.~sm'fllCing.~d "l.'8finis~, IS. Sllqtion~~..,....,"!l(l~j;oread~'{(lllOws:. .'1 . ........ "Bow)ing'alleys,fOllerskiting riJ1ks;:~d other public assembly occuPlPlcies shall conform to aU l),ther !1Pplicablerequirements of this eode, as weUas tll.e fol- . lowing provisions." . ........ .>' ........... ..............".. .... C. Se(ftil,lnl!fiQg oft~iVpiform FirllC(Kle.isi,lIrmelldedtoreadasfollows: "Noperson s~iCQP.~\lc3"llowijng pin nlflf>>llpmgIlQd1>9wllng alley or flool' re!lurf~l,ling.~AA, . . .' ti. i', .~elY'e.lPld . application of ' tlaII!JIUI.ble l~qm . . 'permlt."~",.:i', '., D. Tlu,l' S"lltitl~l o. . ..' . . .resurfaci~~ reQnishing; E. The sul:l~tlllofSecti,Q.;refi~,'!)i'. .\' . . 8;Fu@1 QU;~ctj ode is ll.mended to read as fol- lows: "~i~a apPl'oV!ild. tainiM'i~\' and listed ,)CQQStitu.teamisdemeanor.. . ..... .........\ '..... . 'WlteIl!i\"er thel,lf ~Firllsl1aUt'ai1 to appliiveatl" appUca-' til,lnor ~ to .... t'a,permitap. . ... '" "'W')leu it is claimedthil.t thepJ'Q- vjSiODS l,If the. C9411 d9..potapplycW tbattpel;Nt:\'in~n~ ~JJ!.llanjng l,If,the Code . ~ve been JJliscoIll!.~d ol'W'fOI1II)'~Jl.~~ted, tJ.1e applic;ant may appeal from the decisionofthecW,*,Qftlle Fi:nS.]),p~e.ntto the City COUncil within 30 days from the dateofthe.~~lIionap.pt.ue~~) .' . 2Q7..20NE;Wr~JW:l~.: ,",,' . ,,,,:',, :>j<l:':" ., ,'-., 'J,'b.~'City Mmi,pi!l~tpJ!i~ll:~l1U .' . l,If.~~. :g"'~~t.t!~.!tllt all, ~" . .' ..llt.o dew.rmine ~dspecif,y,afte~. giviJlJi!.ft",~.perso~~OPpgrt'!!,p.ib1i~......~~d,IlQY Il!i\W materials, process- es, or OCC\lpamcies wbidl slWlrequire!~~t!I,in.l/oddition to those now enu- merated insMd (:)o4e.'li!\ldlUst slulu IJf~Ptav~blelllltJ1e City Hall.' Sectipn.~iTh,.ttb,i!!.O~!nAn~ is efl'~1I:~\l.ponapproval by the City Council andp.~bu'~~~n~~~~by;~~.!!, .' .' . d,,;.' . .' . " , . ''<'\,'7; . ~eriry A. Dt#~~~ ~TTEST:,_ '_:'._ .,_', ",.' . SIlJl.~B.,;l\..reiw.l': qi~)'9Ili:rk;< .' . . ,(d~~I)) . .