ORD 03-012ORDINANCE 03-]2
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 22-7 I
THROUGH 22-100 ARTICLE III FIRE PREVENTION STANDARDS OF THE CITY
CODE OF ORDINANCES
Sec. 22-71. Minnesota State Fire Code Adopted
The Minnesota 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. All future editions of the Minnesota 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 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 tez-ms used in Minnesota State Fire Code.
(a) Wherever the words "chief of the bureau of fire prevention" are used in
the Minnesota State Fire Code, they shall be held to mean the fire chief.
(b) Wherever the word "jurisdiction" is used in the Minnesota 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 State Fire Code.
The Minnesota 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 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
International Fire Code, titled "Permits," is adopted in its entirety and
incorporated as fully as if set out in this section.
(4) Term of permits. Each permit issued by the fire department pursuant to the
Minnesota 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.
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.
(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 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 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 State Fire Code in which the storage of
flammable or combustible liquids in outside aboveground storage tanks is
prohibited are hereby established as the following zoning districts of the city:
(1)
(2)
(3)
(4)
5)
R-lb.
R-lc
R-id.
R-2.
R-2b.
R-3.
7) R-4.
8) PUD.
9) BP.
10)
il) 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 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:
TABLE 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) Am open-flame t!rpe 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, devote~ 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.
Passed and adopted by the City Council of the City of Elk River
this 14th day of July 2003.
Patrick D. Klaers
City Administrator
Mayor
Affidavit of Publication
ORDINANCE 03.12
CITY OF ELKRlVER
!' 1-'Hr; QI'fY OF ELK RIVER AMENDING SEC-
TGH22:100 . ARTICLE HI . FIRE PREVENTION
~9!:'l.X.~p~..QF:-QR!?.n'f~gi~ii,".i .),.);:. .
Itl,iStl,ite Fi.reCodeAdoptedi) ....C) .....
efire Code, proIn',11gated pw:suant to M;inii.Stats. 00
esotI,iRuJesch..7510,is Pereby l,idppted bytb.e city
,reScribing regulations gQverniqg', c(')nditions. hl,iz"
pertY frQmfireand e~plosion, e~CElJ:lt those poryions
nllndedi:lysectjQn2~~73. .AllfutlJ.reeqiti()ns ofthe.
Codeshalla',1tQIIlaticallY i:lel,idOpted by the city as
the. state, ej{cept tb.ose portiopstb.atIIlay bedelet-.
~tiop 2277~.. One copy.ofthe.Minnesota.8tate.Fire
;he city shl,illbe ()I). file in the office of the city clerk.
)) ..... .. ". . ....... . .. . .
l:'Adoptiop by ref~rence, Mip-n.$tats.l471.62.
ms ofterms use!i in Minnellota State Fire Code.
rdll"chief of the bureau of fire pr~vention" a,re used
ite Fire. Code, they shall be held to' meap. the fire
ord "jurisdiction" is used in the Minnesota State
held to mean the City of Elk River.
o .' .
lfinitions generally, ~ 1-2.
!lents to Minnesota State Fire Code.
e Fire Code is amended and changed in the follow-
structing fire lane. It is unlawful to park any vehi-
obstrufltion in an area designated as a fire lane,
is adjacent to a public or private structure or prop-
Ig plans. The chief of the fire department or his rep-
ew all building plans, except plans for single-fami.
ences, -to ensure compliance with the provisions of
!'ire Code, and he/she shall note any violations dis-
l with the proposed structures to such persons as
the responsibility for review of such plans.
on 105 (permits). Article 1, section 105 of the'
Ide, titled "Permits," is adopted in its entirety and
as if set out in this section'.-'~
:. Each permit. issued by the fire department pur-
Ita State Fire Code shall be issued for a one-year
ise provided in this chapter. Tank installation and
11 be valid until revoked by the fire chief or his
the. fire department shall establish procedures and
l intent of this chapter.
ire officials. The chief and members of the fire pre-
have the powers of a police officer in performing
e fire code. .
ations in hospitals, schools and nursing homes. The
Iral or resin-bearing trees or decorations in hospi-
ling homes is prohibited.
o
'of fire prevention.
ies. The bureau of fire prevention is hereby estab-
,artment of the city. The bureau shall be operated
I of the chief of the fire department. The Minnesota
be enforced within the city by the.bureau.
tors. The chief of the fire department. may detail
, fire department as inspectors for the bureau as
ne be necessary. The chief sb.all recommend to the
mt of technical inspectors, who, when such autho'r-
I be selected through an examination to determine
Is, and abilities for the position. The examination
bers and nonmembers of the fire department.
2)
'e of flammable or combustible liquids in outside
to in the Minnesota State Fire Code in which the
or combustible liquids in outside aboveground stor-
;ed are hereby established as the following zoning
,6)
e of liquefied petroleum gas; open flame heaters or
efied petroleum gas. The limits referred to in the
l Code in which storage ofliquefied petroleum gas is
. established as the following:
ricts. In all residential districts, liquefied petroleum
I be installed in accordance with the following
llltainer shalL be located with respect to the near-
, or group of buildings or line of adjoining proper-
on in accordance with the following table:
. Containers Between Aboveground
IS) (feet) Containers(feet)
.0 None Norie
o 10 None
o 10 3
5* 25* 3
~equirements shall not be reduced to less than ten
iner of 1,200 g1110ns' water capacity or less, pro-
__~_ _..L 1 _ _ _.... n~ p_ _..L .e...____ ____ _..LL _~_ l.:____.t!:. _-1 __J-__
STATE OF MINNESOTA )
)ss.
COUN1Y OF SHERBURNE)
(c1fiZ CI iH.f1G 1a4~41
being duly sworn, on oath says that he/she is the publisher
or authorized agent and employee of the publisher of the
newspaper known as the Elk River Star News, and has full
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 &~/fI{t1'?L~i...l::L2- ~
which is attached was cut from the columns of said
newspaper, and was printed and published once each
week, for J successive weeks; i~as first published
on W.ednesday, the .:?t' p\...--- day of U:/Lrt.LJ r ,
20 03 ,and was thereafter printed and published every
Wednesday to and including Wednesday, the ___
day of ,20_; and printed below
is 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 b c d e fgh ij k 1 m no pqr s t uvwxy z
~ 1~~
BY::o. -
TITLE, "~M1;;'. cU1J1",J
RATE INFORMATION
(1)
Lowest classified rate paid by
commercial users for comparable space $
Maximum rate allowed by law for
the above matter
(2)
J.?l:J~, i)()
$~ qOlJC!
$~ qUl)D
(3) Rate actually charged for the
above matter
sory use to such .residEmtial unit, the following:
U) An open-flame type heater or stove.. . ,c,
C:2} Welding or torch cutting equipment. ..
(3) Any other equipment utilizj.ng. an open flame, "
(Code 1982, ~ 20.7,08) . . .. .'. ._'
Set. 22-7'";.. Barbecu:es and open fires:re~trid~d at ~dlrin residenti~l
strUctures~ : .' . . ,.' '.,..... '~.' ':'
.' (a) In any '~tructure contaming two o~ m~re ";ertically stacked resid~-
tial J;IDits, no person shall kindle"lp:aintain, or cause any f;ireor op~ri
flame on any balcony above grOuIlQ level,. or on any ground floor patio
immediately adjacent to or within 15 feet of any . .:
, (b) No person shall store any fuel, barbe . 'lar
heatmg or lighting chemicals or' deVices 0 owl,d
lexel, o'Il on any ground floor patio immediate 'n 15
feet of any unit. ' .' . '," : :i,
,(c) Electric grills or gas-fired barbecue grills which are permanenUy
mounte .. or plillnbe' '. ye-
tem. tam des
.~ k ~
,~::