HomeMy WebLinkAbout2.a. Amendment to Rosemount City Code Relating to Fire OrdinanceR (D " SEMOU T EXECUTIVE SUMMARY
CITY COUNCIL
City Council Work Session Date: April 13, 2011
AGENDA ITEM: Amendment to Rosemount City Code
AGENDA SECTION:
Relating to the Fire Ordinance
Discussion
PREPARED BY: John Kendall, Fire Marshal
AGEN A NO.
�- K
ATTACHMENTS: Proposed Ordinance Amendments to
APPROVED BY:
Section 6 -1 Relating to the Fire Code;
Section 6 -3 Relating to Open Burning;
Section 6-4 Relating to Fireworks; and
Section 7 -8 Relating to Alarm Systems
0 0j
RECOMMENDED ACTION: Provide Staff Direction.
ISSUE
Staff is in the process of reviewing the fire code ordinance to reflect the adoption of Minnesota State
Fire Code and clarify language in four sections of the City Ordinances. Staff would like direction from
the Council on the proposed changes.
DISCUSSION
The following is a summary of the proposed changes to the Fire Code. Detailed sgiked"etigh and
underline changes can be found in the attached draft ordinances. Overall, the proposed changes seek
to update and clarify language.
Chapter 1 has changes to reflect the State adoption of the 2007 Minnesota Fire Code. The State will
periodically make changes to the Fire Code and the proposed language will allow the ordinance to stay
current as long as the State uses the Minnesota Fire Code.
Chapter 3 has changes to clarify open burning, which requires a permit, and recreational fires which
do not require a permit. This chapter has new language concerning open burning on decks and patios
in structures containing three or more dwelling units. This language is consistent with language found
in neighboring cities (Eagan, Apple Valley, and Lakeville)
Chapter 4 has changes to make it easier to determine which type of fireworks are allowed.
Chapter 8 has changes to incorporate nuisance fire alarms with nuisance police alarms. This will help
track and identify nuisance alarms.
RECOMMENDATION
Staff is requesting direction and approval from the Council to proceed with the attached draft
ordinances revising and updating Sections 6 -1 relating to the Fire Code, Section 6 -3 relating to open
burning, Section 6 -4 relating to fireworks, and Section 7 -8 relating to Alarm Systems.
CITY OF ROSEMOUNT
COUNTY OF DAKOTA
STATE OF MINNESOTA
ORDINANCE NO. 2011 -
ORDINANCE RELATING TO THE FIRE CODE; AMENDING CITY
CODE, SECTION 6 -1
THE CITY COUNCIL OF THE CITY OF R
follows:
Section 1. Rosemount City Code, Section 6 -1 is
6 -1 -1: UNI FORAI MINNESOTA STATE
There is hereby adopted by the City Council fo
conditions hazardous to life and property from
current edition of the Minnesota 1 - 1 offlif-g— Fire
NIRrsho 's ^ffi e", State Fire Code. as d U
deleted, modified or amended by this C e
been and are now filed in the office of the
as fully as if set out ajPon% and fro provisions thereof sh within
Department m Nex
authorization i
the position. T
Department, and appoi
removal only for cause.
A, ORDAINS as
of prescribin tions governing
io at certain known as the
a representative authorized by him, shall
ire Department may detail such members of the Fire
iall from time to time be necessary. The Chief of the Fire
the employment of technical inspectors who, when such
selected through an examination to determine their fitness for
shall be open to members and nonmembers of the Fire
s made after examination shall be for an indefinite term with
B. Appeals: Whenever the Fire Chief shall disapprove 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 Fire Chief to the City Council within thirty (30) days from
the date of the decision appealed.
C. The Fire Chief, Police Chief or a representative authorized by him shall have the power and duty
to enforce this chapter through appropriate administrative and legal remedies, including but not
limited to issuance of citation.
6 -1 -3: DEFINITIONS:
AUTHORITY HAVING JURISDICTION (AH Wherever the term "AHJ" is used in the
Minnesota State Fire Code, it shall be held to mean the Rosemount Fire Chief, or a representative
authorized by him.
CORPORATION COUNSEL: Wherever the term "C
Uniform Fire Gode, State Fire Code, it shall be held to
Rosemount.
JURISDICTION: Wherever the word "jurisdiction"
State Fire Code, it shall be held to mean the City
6 - 1 - 4: NEW MATERIALS, PROCESSES,
The Mayor, the Fire Chief and the Fi
specify, after giving affected persons d
occupancies, which shall require pern
Fire mall Marshal shall post such
thereof to interested persons,._
6 -1 -5: STORAGE
A. Combustible
" is used in the Minnesota
for the City of
miry to b ,any new materials, ®processes or
on to tho w enumerated in said Code. The
ous plat s office, and distribute copies
Tanks:
1.
rb ited, to Nable t or � re liquids in outside abos
are her as follows. a we st of Akron Avenue within the City.
2. The Nestabas in the State Fire
Code ulk s for flammable or combustible liquids are prohibited, are
hereb folio rea west of Akro n Avenue within the City. (Ord. XVII.3, 1 -16-
79)
B. Liquefied Petroleum Ga ulk Storage:
1. Bulk storage limited to five hundred (500) gallon water capacity maximum in R -1 zoning
districts except as may be approved by the Fire Chief or his designated representative. One
thousand (1,000) gallon water capacity maximum in RR zoning and nonresidential installations,
except as may be approved by the Fire Chief or his designated representative.
2. Separation from house, structures, property and other LP storage installations as per argele
82 tibl. 82 of the uniferm fire - --'-- the State Fire Code Staggered alignment of storage
tanks of any capacity in residential applications shall be required by this code.
3. Storage tanks must be installed by a dealer or supplier with demonstrated competency under
permit issued by the building official.
4. Tanks must be installed level and true on substantial concrete pad or footing with positive
form of weed and grass control.
5. Tanks and equipment including, but not limited to: tank, piping, valves and regulators should
be inspected on a regular basis by a dealer or supplier with demonstrated competency. Copy of
inspection report should be available to the fire chief or designated representative upon
request. AhL
6. All installations in existence at the time of this
time that equipment must be changed by obso
15 -1988)
C
6 -1 -6: PENALITIES:
A.
Explosives And Blasting Agents: The limits
AS
the State Fire Code in wIR
prohibited, are hereby established as follows:
University of Minnesota property. jOrd. XV]
Any person who shall violate any of
therewith, or who s or fai
build in violation adW a star
be allowed to remain until such
)wner's choice. (Ord. XVIII.6, 3-
to in seept-i-en. -. F the 'I'linnesets
tge of explosives sting agents is
:st of on Avenue ' the city, except
maintained shall constitute a separate offense. (Ord.
B. The application
prohibited con(
shall not be held to prevent the enforced removal of
1 -16 -1979)
Footnote 1: Fire Department provisions are contained in Chapter 2 of this Title.
Section 2. This ordinance shall be in effect following its passage and publication.
Adopted this day of
Minnesota.
2011, by the City Council of the City of Rosemount,
William H. Droste, Mayor
ATTEST:
Amy Domeier, City Clerk
Published in the Rosemount Town
CITY OF ROSEMOUNT
COUNTY OF DAKOTA
STATE OF MINNESOTA
ORDINANCE NO. 2011 -
ORDINANCE RELATING TO OPEN BURNING; AMENDING CITY
CODE, SECTION 6 -3
THE CITY COUNCIL OF THE CITY OF ROSEMOU MINNESOTA, ORDAINS as
follows:
Section 1. Rosemount City Code, Section 6 -3 is
6 -3 -1: OPEN BURNING PROHIBITED:
It shall be unlawful, a violation o chapter and
allow to bum any open fire on an within
supervised recreational e��eeelg- ed
grAk (Ord. XVIII.4, 5 -3 -1983)
6 -3 -2: PERMIT I
A.
6 -3 -3:
A.
anor for any per to start or
without a permit, except for
oved fire rings, pits or bftrbeette
The Fire
hereby authorized to issue permits under this
editions for open burning consistent with
an s—
authorized official is necessary for
B. The open burn fire shall be completely extinguished before the permit holder leaves the site.
No fire may be allowed to smolder with no person present.
Every open burn event shall be constantly attended by the permit holder. The open burning
site shall have available appropriate communication and fire suppression equipment_ as set
out in the fire safety plan.
C. The permit holder shall have a valid permit, as required by this subchapter, available for
inspection on the open burn site by the Fire Department, Police Department, MPCA
representative or DNR Forest Officer.
D. No recreational fire or open burn will be permitted when the City or DNR has officially
declared a burning ban due to potential hazardous fire conditions, or when the MPCA has
declared an Air Quality Alert.
E. All fires shall be extinguished at the direction of the Fire DMartment, Police Department, or
TINA F11'P xX /nr. A"
F.
G.
6 -3 -4:
A.
B.
C. Requirements,
a. Adult supervision required, All recreational fires shall be supervised by an adult
who is in the immediate vicinity of the recreational fire until it is extinguished.
d. Structures, Include a house guage, shed, deck or fence.
b. Extinguisher or similar device required. A fire extinguisher with a minimum 4A
rating, dirt or sand and a shovel or a garden hose shall be readily available at all times
until the fire is extinguished.
c. Wind restriction. No fire shall be allowed if the winds are greater than 15 miles per
hour.
d. Smoke complaints. Complaints about smoke from a fire shall be cause for
6 -3 -5:
A.
clearances, may be installed on balconies and patios when approved by the
Rosemount Fire Chief or a representative authorized by him.
6 -3 -6: ADOPTION OF GRAPTE APG 8 BY REFEREN AIR POLLUTION
CONTROL:
Ehmim§il "State Of Mitiftesoft Air Pollution Gentrol Rules", eurrent edition, its ftmeaded Mfty 18-,
i s The air pollution control rules, promulgated by the State Pollution Control Agency, are
maintain a mmnnum clearance of 18 mches on all sides, unless fisted tot lesser
hereby adopted by reference and is made a part of this chapter as if fully set forth herein; three (3)
copies are on file with the city clerk. Any violation of said chapter herein adopted by reference is a
violation of this chapter. (Ord. XVIIIA, 5 -3 -1983)
6 -3 -7: PENALTY:
Any person who shall fail to comply with any order given under the terms of this chapter, or who
shall in any way violate any of the provisions or requirements of this chapter, shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished as described in Tide 1, Chapter 4, of
this code. (Ord. XII.21, 6 -15 -2004)
Footnote 1: See also section 5 -1 -4 of this code.
Section 2. This ordinance shall be in effect
Adopted this day of
Minnesota.
publication.
by the City Coun'dWthe City of Rosemount,
Droste, Mayor
Amy Domeier, City
2011.
CITY OF ROSEMOUNT
COUNTY OF DAKOTA
STATE OF MINNESOTA
ORDINANCE NO. 2011 -
ORDINANCE RELATING TO FIREWORKS; AMENDING CITY
CODE, SECTION 6-4
THE CITY COUNCIL OF THE CITY
follows:
Rosemount City Code, Section 6 -4 is
6 -4 -1: PURPOSE:
Due to the inherent risks of fire and injury to p1l.
possession and use of fireworks, the city council
interest of public health, safety and welfare to es
(Ord. X.6, 7 -6 -2004)
6 -4 -2: ADOPTION OF STATE LA
It is unlawful to sell, use
through 624.25, inclu
6 -4 -3: DEFINITI
ORDAINS as
the sale,
and in the
kninLr fireworks.
fate Statutes 624.20
-6 -2004)
as: wire or wood spfti4ders a
for multiple tubes,
3. Paper caps containing twenty five hundredths grains of explosive or other toy caps
containing twenty hundredths grains of explosives,
4. Snakes, and glow works, smoke devices, or trick noisemakers which include paper streamers,
party poppers, string poppers, snappers, and drop 12ops, each consisting of not more than
twenty five hundredths gain of explosive mixture.
(Ord. X.6, 7 -6 -2004)
6 -4 -4: LICENSE PROVISIONS:
A. Sale of Fireworks: It is unlawful for any person to sell, offer for sale, expose for sale, or sell at
retail or wholesale any consumer fireworks in the city of Rosemount without a license.
B. License Application: The applicant shall completely fill out and submit an application form for a
consumer fireworks license prepared by the Rosemount fire department, fire prevention bureau.
Information to be submitted as part of the license application includes, but is not necessarily
limited to the following information: name, address and telephone number of the applicant;
address of location where the fireworks will be sold; estimatedecuantity of the fireworks that will
be stored on the premises; description of the premises and from which the fireworks are
proposed to be sold; approval of the property owner, if nt from the applicant. Prior to the
issuance of a license, the premises must be inspected ved by the city fire code official.
C. Conditions of License: A license to sell
following conditions:
1. The license is nontransferable, either to a
subject to the
location.
2. The license must be publicly d4lftd on the
3. The premises are subject to
hours.
4. The premises f c se will
retail sales.
and p officers during normal business
5. Consuna-fireworks oaMEMawred in
(2).
I a zoning district permitting
from buildings or retail stands that comply
1124 (2003 edition) as required under
premises must be in compliance with the international
be sold to persons under the age of eighteen (18). (Ord. X.6, 7-
feet of exits and exterior exit doors are prohibited.
64-5: PROHIBITIONS ON USE:
A. Consumer fireworks shall not be used on public property.
B. Consumer fireworks shall not be used indoors. (Ord. X.6, 7 -6 -2004)
Section 2. This ordinance shall be in effect following its passage and publication.
Adopted this day of
Minnesota.
2011, by the City Council of the City of Rosemount,
William H. Droste, Mayor
ATTEST:
Amy Domeier, City Clerk
Published in the Rosemount Town
CITY OF ROSEMOUNT
COUNTY OF DAKOTA
STATE OF MINNESOTA
ORDINANCE NO. 2011 -
ORDINANCE RELATING TO ALARM SYSTEMS; AMENDING
CITY CODE, SECTION 7-8
THE CITY COUNCIL OF THE CITY OF
follows:
Section 1. Rosemount City Code, Section 7 -8 is
7 -8 -1: PURPOSE:
7 -8 -2: DEFINITIONS:
7 -8 -3: PERMIT REQUIRED:
7 -8 -4: PERMIT FEES:
7 -8 -5: APPLICATION REQU
7 -8 -6: CRIMINAL PENALTI:
7 -8 -1: PURPOSE:
The purpose of this
of Rosemoimbdoom
highest 1
7 -8 -2:
For the
A, ORDAINS as
the health, safety and welfare of the citizens
n of alarm systems while providing the
997)
definitions shall apply:
ALARM USER: A person, firm, partnership, association, corporation, company or organization of
any kind in control of any building, structure, or facility in the City of Rosemount in which an alarm
system is maintained.
ALARM USER PERMIT: A permit that is issued to an alarm user when the user exceeds four (4)
false alarms in a one year period. This alarm user permit allows for three (3) false police /fire alarms
for a period of twelve (12) months and is exclusive of other alarm requirements.
FALSE ALARMS: An alarm signal eliciting a response by police and/or fire personnel when a
situation requiring a response does not, in fact, exist and which is caused by the activation of the
alarm system through mechanical failure, alarm malfunction, improper installation or the
inadvertence of the owner or lessee of an alarm system or of his or her employees or agents. A false
alarm does not include an alarm caused by utility line mishaps, violent conditions of nature or other
conditions determined to be beyond the control of the alarm cturer, installer or user. (Ord.
XV.9, 1 -21 -1997)
7 -8 -3: PERMIT REQUIRED:
Every alarm system user shall be allowed four (4 rms per yea ses containing
alarm systems under his /her control. Should
ber of false policeed four (4)
in one year the alarm user must purchase an
r permit u on Police Chief,
Naby
Fire Chief or his /her designee. Upon exhausting th
ber a a permit, an
alarm user must purchase another pe ' (Ord. XV.9,
7 -8 -4: PERMIT FEES:
The fees for the alarm user ermit shall be by
cil re n. (Ord. XV.9, 1 -21 -1997)
7 -8 -5: APPLICATI ME
Applications for an ala r pe hall be ma
writing to the City on such forms as
designated by the City le s the
wing information:
A.
B. The nalWddress and to ne nlWr of the property owner if different from the applicant;
C. The propert3Wess of the Iftion where the alarm system will be installed and maintained;
D. The type of alarm
E. The names and telephon'11119inbers of persons who have the ability to control the alarm system
on a twenty four (24) hour a day availability;
F. A declaration that the alarm system does not utilize an automatic dialing device programmed to
dial the police or fire department directly. (Ord. XV.9, 1 -21 -1997)
7 -8 -6: CRIMINAL PENALTIES:
Any alarm user that violates any part of this chapter or knowingly fails to obtain an alarm user
permit shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable as
provided in Title 1, Chapter 4 of this code. (Ord. XII.21, 6 -15 -2004)
Section 2. This ordinance shall be in effect following its passage and publication.
Adopted this day of , 2011, by the City Council of the City of Rosemount,
Minnesota.
Mayor
ATTEST:
Amy Domeier, City Clerk
Published in the
2011.