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4.4. SR 10-12-1998ity of River o: FROM: MEMORANDUM Mayor and City Council Bruce A. West Fire Chief Item 4.4. DATE: SUBJECT: October 12, 1998 Ordinance Establishing Fire Prevention Bureau I have been working with Keith Carpenter, representing the city attorney's office, in regards to creating a new section in the city ordinance establishing the Fire Prevention Bureau for the Elk River Fire Department. The establishment of an ordinance, in reference to the Fire Prevention Bureau, more specifically addresses the issue of inspections and the use of the current Uniform Fire Code as adopted by the State of Minnesota. Currently the Elk River Fire Department uses as its code enforcement guide, the most recently adopted Uniform Fire Code and the authority to use this approved fire code under Section 1000,001R of the city code of Elk River, referencing the State Building Code. Two issues that are specifically addressed in the ordinance, reference above ground flammable liquid storage tanks, liquefied petroleum gasses (LPG), and the zoning districts in which they are prohibited. Another critical area that is addressed in the ordinance refers to the storage of explosives and the zoning districts where they are also prohibited. Ail three of the above issues are specifically addressed along with barbecue grills in units of three or more. The ordinance establishes the use of the 1997 Uniform Fire Code in its entirety, which has been adopted by the State of Minnesota on June 29, 1998. Any new adoptions of Uniform Fire Codes by the State of Minnesota will automatically be adopted for use by the Elk River Fire Prevention Bureau with the creation of this ordinance. I have been working very closely with the City of Elk River's Chief Building Official, Cliff Skogstad in reference to this ordinance. Cliff Skogstad has reviewed the proposed ordinance and we have both agreed on the issues of flammable liquids, liquefied petroleum gasses, explosives, fire lane parking, and others. This ordinance specifies the establishment of the Bureau of Fire Prevention and the operation thereof. Our fire department has performed 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 past fire prevention duties under the authority of the Uniform Fire Code as the official adopted code of the State of Minnesota. I will be present at the October 12, 1998 City Council meeting to present the proposed ordinance change. If there are any questions in reference to this issue prior to the council meeting, please feel free to call me at the Elk River Fire Department at 441-4919. ORDINANCE NO. 9~- CITY' OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMEND~G SECTION 1000 (STATE BUILDING CODE) AND ESTABLISHING A NEW SECTION 207 (FIRE PR.F_,VI~NTION) The City Council of the City of Elk Privet does hereby ordain as follows: Section 1. That Section 1000.00 of the City of Elk Kiver Code of Ordinances sl~ll be amended by deleting Section 1000.00.1R and recodify Section 1000.00 accordingly. ~. That a new Section 207 be established as follows: SECTION 207 -FIRE PREVENTION 207,00 ADOPTION OF MINNE~qOTA UNIFORM FIRE CODF, 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. Ail 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 PREVENTIO,X.~ 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 Departmem. The Minnesota Uniform Fire Code shall be enforced within the City by the Bureau. 2. l~afflag. The Chief of the Fire Department may detail such members of the Fire Department as inspectors for the Bureau as shall from timo 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 and nonmembers of the Fire Department. 20'7.04 DEFINITIONS 1. ~. Wherever she word "jurisdiction" is used in the Minnesota Uniform Fire Code, it shall be held to mean the City of Elk River. 2. Chief. Wherever the words "Chief of the Bureau ofF, re Prevention" are used they shall be held to mean the "Fire Chief." 207.06 ESTABLISHMENT O1~ LIMITS OF DISTRICTS IN WHICH' STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS 1N OUTSIDE AROVE GROUND TANKS IS PROFIIBITED 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 thc following zoning districts of thc City: A. R-lb B, R-lc C. R-id D. R-lc E. R-2 F. R-2b G. R-3 H, R-4 I. PUD J. BP K. C-1 L. C-2 207.08 ESTABLISHMENT OF LIMITS IN WHICH STORAGE OF LIOUIFIED PETROLEUM GASES IS TO BE RESTRICT_F.D The limits referred to in the Minnesota Uniform Fire Code in which storage of liquified 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 requiremems: A. Each individual container shall be located whh 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: C~K 0S043,S,4 ~ Contginer~ Water Capacity_ _Der Con~incr n~ Above Grgund Between Above Ground Container~ Less than 125 gallons 10 feet None None 125 to 250 gallons 10 feet 10 feet None 251 to 500 gallons 10 feet 10 feet 3 feet 501 to 2,000 gallons 25 feet* 25 feet* 3 feet * 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 LP gas container of more than 125 gallon water capacity. the other. It shall be unlawful to install any LPG containers for use where one is stacked above C. It shall be urdaw~l to install any LPG container or combination thereof larger than 1,200 gallon water capacity un]ess it is enclosed in an area with a secure fence six feet in height. 2. Commercial or Industrial lnstailation,~ No LPG container shah be installed in any commercial or industrial district as shown and indicated on the official zoning map except in strict compliance with NI:'PA 58, standard for the storage and handling of liquified petroleum bases. 3. ~,13!liLR_e, guil:~, 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 ora 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 o£frost conditions, subject to the issuance ora permit by the Chief Building Official. 5. Open Flame Heaters Banncd~ It shall be un]awful 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 w~thm a garage, whether attached or detached, used as an accessory use to such residential unit, the following: An open flame-type heater or stove. Welding or torch cutting equipment. Any other equipment utilizing an open flame. CarpeK 9594354 3 207.10 ESTABLISHMENT_OF LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS TO BE PROHmITE~ 1, The limils referred to in the IVhrmesota Uniform Fire Code in which storage of explosives and blasting agents is prohibited are hereby established as the following zoning districts of the City: A. BP B. C-I C. C-2 D. C-3 E. C-4 2. In addition to the zoning districts contained in Section 207.10(1), the storage of explosives and blasting agents is prohibited in all attached dwelling units consisting of three (3) or more units. 207.12 ESTABLISHMENT OF RESTRICTIONS ON THE USE OF BARBEOUI~..q 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, barbeque, 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 barbeque grills which are permanently mounted, wired or plumbed to lhe building's gas supply or electrical system and maintaining a minimum clearance 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 buiMing plans, except plans for single or two family residences to assure compliance with the provisions of the lVlinnesota 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. ~cction 11112.3 cf the Minnesota Uniform Fire Code and shall bc amended to read as follows: FIRE DOOR DO NOT OBSTRUCT or FIRE DOOR KEEP CLOSED 4. Article I, Section 105 of'the Uniform Fire Code, 1997 Edition, titled "Permits" is adopted in its entirety and incorporated as fully as it' 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 l~riod 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. R~urfacin_~ and Refillishin_~. Article 26 of the Uniform Fire Code is amended as follows: 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 ali 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 refinishing and bowling alley or floor resurfacing and rdinishing operations involving the use and application of flammable liquids or materials without a local permit." D. The subtitle of Section 2603 is changed to resuffacing and refinishing. E. Thc subtitle of Section 2604 is changed to refinishing. 8. F~ael Oil. Section 6105 of thc Uniform Fire Code is aracndcd 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. Chri,tma.~ Tre~_s. The use or display of natural or resin beating trees or decorations in hospitals, schools and nursing homes is prohibited. 207,16 FIRE LANES 1. 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. 2. Parking of motor vehicles or otherwise obstructing fire lanes shall be prohibited at all times. A violation thereof shall constitute a misdemeanor. ]07.18 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 thc provisions of the Code do not apply or that the tree intent and meaning of the Code have been misconstrued or wrongly interpreted, the applican! may appeal flora the decision of the Chicfofthe 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, alter 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 Ci~t Hall. Section 3. That this ordinance is effective upon approval by the City Council and publication as required by law.