5.6. SR 07-14-2003Item ~ 5.6.
MEMORANDUM
TO: Mayor and City Council
FROM: Bruce A. West, Fire Chief
DATE: July 14, 2003
SUBJECT: Consider Amendment to Fire Prevention Standards
The office of the Minnesota State Fire Marshal has recently adopted a new Minnesota State Fire
Code that shall be enforced throughout our state. At this time, I am requesting Council approval for
changes within Article 3, Chapter 22, Fire Prevention and Protection, of the Elk River Minnesota
Code (see attachment). Many of the changes within Article 3 of Chapter 22 reference changes from
the Minnesota Uniform Fire Code to the Minnesota State Fire Code. The Minnesota State Fire
Marshal has adopted as its state fire code the International Fire Code. For the first time in history of
code enforcement, the State of Minnesota is using both the International Building Code and
International Fire Code as code enforcement documents.
The adoption of the International Fire Code is referenced under Section 22-73 #3. With the
adoption of the International Fire Code, deletions within our Article 3, Fire Prevention Standards,
shall now take place because of the inclusion within the International Fire Code. The sections and
articles referencing fire doors, resurfacing and refinishing, and fuel oil have now been included
within the International Fire Code and therefore may be deleted from Article 3, Fire Prevention
Standards. Other minor changes have been made throughout Article 3 and may be referenced
throughout the proposed changes as presented to the Mayor and City Council.
If you have any questions in reference to the above changes to Article 3, Fire Prevention Standards,
please feel free to call me at the Elk River Fire Department at 763-441-4919. I will be in attendance
at the July 14, 2003 City Council meeting to address any questions the Mayor and City Council may
have.
Action Requested
It is requested that the Mayor and City Council approve the amendments to the fire prevention
standards.
S:\COUNCIL\Bruce\ fireprevenfionstandards.doc
ARTICLE III FIRE PREVENTION STANDARDS
Sec 22-71 ~ ..... ~. ,,-~A-- .irc ~AA~ ~ .... ~ Minnesota State Fire Code
Adopted
The 1997 Minnesota Uniform State Fire Code, promulgated pursuant to Minn. Stats.
§ 299F.011 and Minnesota Rules ch. 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 22-73. Ail future editions of the Minnesota Uniform State
Fire Code shall automatically be adopted by the city as they are approved by the
state, except those portions that may be deleted or amended by section 22-73.
One copy of the Minnesota Uniform State Fire Code in effect within the city
shall be on file in the office of the city clerk.
(Code 1982, § 207.00)
State law references: Adoption by reference, Minn. Stats. § 471.62.
Sec. 22-72. Definitions of terms used in Minnesota ~ni~r~.. State Fire Code.
(a) Wherever the words "chief of the bureau of fire prevention" are used in
the Minnesota Uniform State Fire Code, they shall be held to mean the fire
chief.
(b) Wherever the word "jurisdiction" is used in the Minnesota Uniform State
Fire Code, it shall be held to mean the City of Elk River.
(Code 1982, § 207.04)
Cross references: Definitions generally, § 1-2.
Sec. 22-73. Amendments to Minnesota ~ni.or=... State Fire Code.
The Minnesota Uniform State Fire Code is amended and changed in the following
respects:
(1) Parking in or obstructing fire lane. It is unlawful to park any vehicle or
to locate any obstruction in an area designated as a fire lane, whether the fire
lane is adjacent to a public or private structure or property.
(2) Review of building plans. The chief of the fire department or his
representative shall review all building plans, except plans for single-family
or two-family residences, to ensure compliance with the provisions of the
Minnesota Uniform State Fire Code, and he/she shall note any violations
discovered in connection with the proposed structures to such persons as shall
be charged with the responsibility for review of such plans.
~ (3) Article 1, section 105 (permits). Article 1, section 105 of the
Uniform International Fire Code, titled "Permits," is adopted in its entirety
and incorporated as fully as if set out in this section.
(5) (4) Term of permits. Each permit issued by the fire department pursuant
to the Minnesota Uniform State Fire Code shall be issued for a one-year period
unless otherwise provided in this chapter. 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 chapter.
(g) (5) Police powers of fire officials. The chief and members of the fire
prevention bureau shall have the powers of a police officer in performing their
duties under the fire code.
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(~, (6) Christmas decorations in hospitals, schools and nursing homes. The
use or display of natural or resin-bearing trees or decorations in hospitals,
schools, and nursing homes is prohibited.
(Code 1982, § 207.14)
Sec. 22-74. Bureau of fire prevention.
(a) Established; duties. 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 Unifcrm State
Fire Code shall be enforced within the city by the bureau.
(b) Staffing; inspectors. 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 fitncss knowledge, skills, and
abilities for the position. The examination shall be open to members and
nonmembers of the fire department.
(Code 1982, § 207.02)
Sec. 22-75. Storage of flammable or combustible liquids in outside aboveground
tanks.
The limits referred to in the Minnesota Unifcrm State Fire Code in which the
storage of flammable or co~bustible liquids in outside aboveground 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-2.
(5) R-2b.
(6) R-3.
(7) R-4.
(8) PUD.
(9) BP.
(lO) c-i.
(ii) c-2.
(Code 1982, § 207.06)
Sec. 22-76. Storage of liquefied petroleum gas; open flame heaters or
equipment.
(a) Storage of liquefied petroleum gas. The limits referred to in the
Minnesota Unifcrm State 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:
TD~BLE INSET:
Water Capacity per
Container
(gallons)
Containers
(feet)
Between Aboveground
Containers(feet)
Less than 125 10 None None
125 to 250 10 10 None
251 to 500 10 10 3
501 to 2,000 25* 25* 3
*Note: The distance requirements shall not be reduced to less than ten 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 liquefied petroleum gas container
of more than 125 gallons' water capacity.
b. It shall be unlawful to install any liquefied petroleum gas containers for
use where one is stacked above the other.
c. It shall be unlawful to install any liquefied petroleum gas container or
combination thereof larger than 1,200 gallons' water capacity unless it is
enclosed in an area with a secure fence six feet in height.
(2) Commercial or industrial districts. No liquefied petroleum gas container
shall be installed 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 gases.
(3) Permit required. No liquefied petroleum gas container having a water
capacity greater than 125 gallons shall be installed at any location without
first having obtained a permit therefor from the building inspector and having
paid a permit fee to be established by the council.
(4) Temporary portable containers. Nothing contained in this section shall
prevent the use of temporary portable containers during construction on the
premises or for a period of not to exceed four months if permanent service of
natural gas is prohibited because of frost conditions, subject to the issuance
of a permit by the building and zoning official.
(b) Open-flame heaters or equipment. It shall be unlawful for any owner or
occupant of any structure containing two 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:
(1) An open-flame type heater or stove.
(2) Welding or torch cutting equipment.
(3) Any other equipment utilizing an open flame.
(Code 1982, § 207.08)
Sec. 22-77. Barbecues and open fires restricted at certain residential
structures.
(a) 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.
(b) 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.
(c) Electric grills or gas-fired barbecue grills which are permanently
mounted, wired, or plumbed to the building's gas supply or electrical system and
which maintain a minimum clearance of 18 inches on all sides shall be installed
on balconies and patios when approved by the fire chief.
(Code 1982, § 207.12)
Sec. 22-78. Fire lanes.
(a) The marking of fire lanes on private and public property, devoted to
public use, shall be approved by the chief of the fire department and/or the
chief of police.
(b) Parking of motor vehicles or otherwise obstructing fire lanes shall be
prohibited at all times. A violation of this subsection shall constitute a
misdemeanor.
(Code 1982, § 207.16)
Sec. 22-79. Appeals.
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 fire 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.
(Code 1982, § 207.18)
Sec. 22-80. Determination of permit requirements for new materials, processes
or occupancies.
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 the fire code. Such list shall be kept available at the city hall.
{Code 1982, § 207.20)
Secs. 22-81--22-100. Reserved.