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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.