HomeMy WebLinkAbout2.a. Amendment to Rosemount City Code Relating to the Fire OrdinanceAGENDA ITEM: Amendment to Rosemount City Code
Relating to the Fire Ordinance
AGENDA SECTION:
Discussion
PREPARED BY: John Kendall, Fire Marshal
Kim Lindquist, Community Development
Director
a A.
ATTACHMENTS: Proposed Ordinance Amendment to
Section 6 -1 Relating to the Fire Code;
Proposed Ordinance Amendment to
Section 6 -3 Relating to Open Burning;
Proposed Ordinance Amendment to
Section 6 -4 Relating to Fireworks;
Proposed Ordinance Amendment to
Section 7 -8 Relating to Alarm Systems
APPROVED BY:
RECOMMENDED ACTION: Provide Staff Direction.
I ROSEMOUNT
CITY COUNCIL
City Council Work Session Date: May 11, 2011
EXECUTIVE SUMMARY
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. This item was brought before
the Council at the work session in April. The changes requested by the City Council, including the
non gender revisions, have been made.
DISCUSSION
The following is a summary of the proposed changes to the Fire Code. Detailed s riketkrettgh and
underline changes can be found in the attached draft ordinances. Overall, the proposed changes seek
to update, clarify and be non gender bias.
Chapter 1 has changes to reflect the State adoption of the 2007 Minnesota Fire Code. The
Amendments are purely administrative and allow the City to reference the State Code that is in effect.
The only item of some substance is the clarification of the appropriate enforcement officers for Title 6
Fire Prevention and Protection. 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.
The changes in Chapter 3, 4, and 8 are all prompted by the State Code. As with other laws, the City is
bound to enforce the State laws relating to open burning and recreational fires. The State law allows
the City to be more restrictive but not less. In this instance, the ordinance changes proposed are
consistent with the State law and do not vary from them.
During the previous discussion on the fire code modifications the Council had several concerns about
language and regulations. Staff is making the modifications for two reasons. First, as a courtesy to
community residents, it is believed the City code should mirror the State regulations which will be
enforced. Without the information in the local code, when residents ask about recreational fires we
must direct them to the State Code, if in fact they want to review the written standards. For better
communication and ease of access, staff believes the City code should be updated.
The second reason is during the enforcement and prosecution process, the City prosecuting attorney
indicated that having the regulations in the City code versus by reference would be beneficial. Staff
would not typically pursue court action for open burns but the one incident was egregious enough to
warrant action. In that case, a company was conducting an open burn, without permit, and had not
attended to the fire enough that private property owners were concerned about their lawns and
structures. In that instance, our Attorney indicated that having the local ordinance regulate the burn
versus referencing the State code would have been more compelling. Ultimately, whether the City
code lists the State regulations or not, it is the State regulations that will be enforced when complaints
are received.
The following changes have been made in the code:
Chapter 3 has changes to clarify open burning, which require 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).
Included in the definitions is a permanent fire ring.
Chapter 4 has changes to make it easier to read what fireworks are allowed.
Chapter 8 has changes to incorporate nuisance fire alarms with police alarms. This will help
track and identify nuisance fire alarms
CONCLUSION
The changes proposed are to bring the local ordinances into conformance with State regulations.
Updating the code will provide better communication to the public and assist in enforcement. The
City is required to enforce the State code and cannot be less restrictive than the State. Staff intends
to place this item on an upcoming Council meeting for final approval in the near future.
2
Chapter 1
FIRE CODE
6 -1 -1: UNIFORM MINNESOTA STATE FIRE CODE ADOPTED:
There is hereby adopted by the City Council for the purpose of prescribing regulations
governing conditions hazardous to life and property from fire or explosion, that certain
Code known as the current edition of the Minnesota
State Fire Code, as adopted pursuant to
Minnesota State Statute 299F.011 and modified by Minnesota Rules, Chapter 7511,
save and except such portions as are hereinafter deleted, modified or amended by this
Chapter, of which Code not less than three (3) copies have been and are now filed in
the office of the Clerk and the same are hereby adopted and incorporated as fully as if
set out at length herein, and from the date on which this Chapter shall take effect, the
provisions thereof shall be controlling within the limits of the City. (Ord. XVIII.6, 3- 15 -88)
6 -1 -2: ENFORCEMENT AND ADMINISTRATION OF CODE:
A. Enforcement by Fire Officials:
1. The Fire Chief of the Rosemount Fire Department, or a representative authorized
by #im the Fire Chief, shall enforce the provisions of this Chapter.
2. The Chief of the Rosemount Fire Department may detail such members of the
Fire Department as inspectors as shall from time to time be necessary. The Chief of
the Fire Department may recommend 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, and appointments made after examination
shall be for an indefinite term with removal only for cause.
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 the Fire Chief 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 (AHJ): 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 the Fire Chief.
CORPORATION COUNSEL: Wherever the term "Corporation Counsel" is used in the
Minnesota Uniform Fire Code, State Fire Code, it shall be held to mean the Attorney for
the City of Rosemount.
JURISDICTION: Wherever the word "jurisdiction" is used in the Minnesota
Cede, State Fire Code, it shall be held to mean the City of Rosemount.
6 -1-4: NEW MATERIALS, PROCESSES, OCCUPANCIES:
The Mayor, the Fire Chief and the Fire Marshall Marshal 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 said Code. The Fire Marshall Marshal shall post such list in a
conspicuous place in his the Fire Marshal's office, and distribute copies thereof to
interested persons.
6 -1 -5: STORAGE LIMITS FOR HAZARDOUS SUBSTANCES:
A. Combustible Liquids In Aboveground Tanks:
1. The limits referred to in the
State Fire Code in which storage of flammable or combustible liquids in outside
aboveground tanks is prohibited, are hereby established as follows: Area west of
Akron Avenue within the City.
B. Liquefied Petroleum Gases, Bulk Storage:
2. The limits referred to in the
State Fire Code, in which new bulk plants for flammable or combustible liquids are
prohibited, are hereby established as follows: Area west of Akron Avenue within the
City. (Ord. XVII.3, 1- 16 -79)
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
fepfesentative a representative authorized by the Fire Chief. One thousand (1,000)
gallon water capacity maximum in RR zoning and nonresidential installations,
except as may be approved by the Fire Chief or
representative authorized by the Fire Chief.
2. Separation from house, structures, property and other LP storage installations as
per 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.
6. All installations in existence at the time of this adoption shall be allowed to remain
until such time that equipment must be changed by obsolescence or by owner's
choice. (Ord. XVIII.6, 3 -15 -1988)
C. Explosives And Blasting Agents: The limits referred to in
the State Fire Code, in which storage of explosives and
blasting agents is prohibited, are hereby established as follows: area west of Akron
Avenue within the city, except University of Minnesota property. (Ord. XVIII.3, 1 -16-
1979)
6 -1 -6: PENALITIES:
A. Any person who shall violate any of the provisions of this code hereby adopted or fail
to comply therewith, or who shall violate or fail to comply with any order made
thereunder, or who shall build in violation of any detailed statement of specifications
or plans submitted and approved thereunder, or any certificate or permit issued
thereunder, and from which no appeal has been taken, or who shall fail to comply
with such an order as affirmed or modified by the fire chief, or by a court of
competent jurisdiction, within the time fixed herein, shall severally for each and every
such violation and noncompliance respectively, be guilty of a misdemeanor,
punishable as described in title 1, chapter 4 of this code. The imposition of one
penalty for any violation shall not excuse the violation or permit it to continue. All
such persons shall be required to correct or remedy such violations or defects within
a reasonable time. When not otherwise specified, each ten (10) days that prohibited
conditions are maintained shall constitute a separate offense. (Ord. XII.21, 6 -15-
2004)
B. The application of the above penalty shall not be held to prevent the enforced
removal of prohibited conditions. (Ord. XVIII.3, 1 -16 -1979)
Footnotes Click any footnote link to go back to its reference.
Footnote 1: Fire Department provisions are contained in Chapter 2 of this Title.
Chapter 3
OPEN BURNING
6 -3 -1: OPEN BURNING PROHIBITED:
It shall be unlawful, a violation of this chapter and a misdemeanor for any person to
start or allow to burn any open fire on any property within the city without a permit,
except for supervised recreational or-seeking-fires contained within approved fire
rings, (Ord. XVIII.4, 5 -3 -1983)
6 -3 -2: PERMIT ISSUING AUTHORITY:
A.
The Fire Chief, or a representative authorized by the Fire Chief is hereby
authorized to issue permits under this chapter, and may establish reasonable
permit conditions for open burning consistent with the rules adopted herein. The
signature of one designated authorized official is necessary for a permit to be
issued. (Ord. XVIII.4, 5 -3 -1983)
B. The open burning permits are subject to revocation at the discretion of DNR
Forest Officer, the Fire Chief, or a representative authorized by the Fire Chief.
Reasons for revocation include, but are not limited to, a fire hazard existing or
developing during the course of the burn, any of the conditions of the permit
being violated during the course of the burn, pollution or nuisance conditions
developing during the course of the burn, or a fire smoldering with no flame
present.
6 -3 -3: PERMIT HOLDER RESPONSIBILITY:
A. 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.
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.
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 Department, Police
Department, or DNR Fire Warden.
F. The permit holder shall comply with and implement all permanent conditions of
the burn event safety plan as established. The permit holder shall be responsible
for all costs incurred as a result of the burn, including but not limited to, fire
suppression and administrative fees.
G. No prohibited materials as established in Minnesota State Statute shall be
combusted in an open fire.
6 -3 -4: RECREATIONAL FIRES
A. Purpose.
The purpose of this subchapter is to establish the guidelines for recreational fires.
B. Definitions.
a. Permanent Fire Ring. Permanent fire rings must be constructed of
concrete, steel or other approved noncombustible materials. The ring
must extend at least six (6) inches below the ground and extend at least
six (6) inches above the ground. The area around a permanent fire rinq
must be cleared of all grass and vegetation for at least five (5) feet.
b. Permitted Materials. The only materials permitted in a recreational fire
are wood from trees, small branches, or charcoal.
c. Prohibited Materials. Leaves, brush, oil, rubber, plastic, tires, chemically
treated materials such as railroad ties, treated lumber, construction debris,
composite shingles, tar paper, insulation composition board, waste
materials, hazardous waste or garbage.
d. Recreational Fire. An outdoor fire burning materials other than rubbish
where the fuel being burned is not contained in an incinerator, outdoor
fireplace, barbeque grill or barbeque pit and has a total fuel area of 3 feet
or less in diameter and 2 feet or less in height for pleasure, religious,
ceremonial, cooking, warmth or similar purposes.
e. Structures. Include a house, garage, shed, deck or fence.
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.
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 immediate extinguishment of the fire.
a. Extinguishment Authority. All fires shall be extinguished at the direction
of the Fire Department, Police Department, or DNR Fire Warden.
6 -3 -6:
e. Prohibited materials. No prohibited materials as established in
Minnesota State Statute shall be combusted in a recreational fire.
f. Recreational Fire Site. Recreational fires shall not be conducted within
25 feet of a structure or combustible material. Conditions which could
cause a fire to spread within 25 feet of a structure shall be eliminated prior
to ignition. Freestanding, manufactured fire pits are also included.
g,, Wood length limit. No wood combusted in a recreational fire shall
exceed three feet in length.
6 -3 -5: FIRES OR BARBEQUES ON BALCONIES OR PATIOS:
A. Open Flame Prohibited. In any structure containing three or more dwelling
units, no person shall kindle, maintain, or cause any fire or open flame on any
deck balcony above ground level, or on any ground floor patio within 15 feet of
the structure.
B. Fuel Storage Prohibited. No person shall store or use any fuel, barbecue, torch
or similar heating or lighting chemical or device in the locations designated in
section A.
POLLUTION CONTROL:
6 -3 -7: PENALTY:
Exception: Listed electric or gas -fired barbecue grills that are
permanently mounted and wired or plumbed to the building's as
supply or electrical system and that maintain a minimum clearance
of 18 inches on all sides, unless listed for lesser clearances, may
be installed on balconies and patios when approved by the
Rosemount Fire Chief or a representative authorized by the Fire
Chief.
A •lb
Footnotes Click any footnote link to go back to its reference.
Footnote 1: See also section 5 -1 -4 of this code.
AIR
Chapter 8, "State Of Minnesota Air Pollution Control Rules", currcnt edition, at)
amended May 18, 1976, io The air pollution control rules, promulgated by the State
Pollution Control Agency, are 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.
XVIII.4, 5 -3 -1983)
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 title 1, chapter 4 of this code. (Ord. XII.21, 6 -15 -2004)
6-4 -1: PURPOSE:
6-4 -2: ADOPTION OF STATE LAW:
6-4 -3: DEFINITION:
Chapter 4
FIREWORKS
Due to the inherent risks of fire and injury to persons and property associated with the
sale, possession and use of fireworks, the city council has determined that it is
necessary and in the interest of public health, safety and welfare to establish
reasonable regulations concerning fireworks. (Ord. X.6, 7 -6 -2004)
It is unlawful to sell, use or possess fireworks in violation of Minnesota state statutes
624.20 through 624.25, inclusive, which are adopted by reference. (Ord. X.6, 7 -6 -2004)
For purposes of this chapter, "consumer fireworks" are defined as: Wife-Or-weed
(75 g) or Icss of chemisalmixturc per tithe or a total of two ll-undred gramc (200 g) or
mature.
1. Sparklers of not more than one hundred grams (100 g) of mixture per item,
2. Other sparkling items which are nonexplosive and nonaerial and contain seventy
five prams (75 q) or less of chemical mixture per tube or a total of five hundred
prams (500 q) or less for multiple tubes,
3. Paper caps containing twenty five hundredths grains of explosive or other tov
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 pops, each
consisting of not more than twenty five hundredths grain 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; estimated quantity of the fireworks that will be stored on the premises;
description of the premises and facility from which the fireworks are proposed to be
sold; approval of the property owner, if different from the applicant. Prior to the
issuance of a license, the premises must be inspected and approved by the city fire
code official.
C. Conditions of License: A license to sell consumer fireworks shall be issued subject to
the following conditions:
1. The license is nontransferable, either to a different person or location.
2. The license must be publicly displayed on the licensed premises.
3. The premises are subject to inspection by city fire and police officers during normal
business hours.
4. The premises for which a license will be issued must be located in a zoning district
permitting retail sales.
5. Consumer fireworks shall only be stored in or sold from buildings or retail stands that
comply with National Fire Protection Association standard 1124 (2003 edition) as
required under Minnesota state statutes 6624.20(d)(2).
6. Storage of consumer fireworks on the premises must be in compliance with the
Minnesota State fire code.
7. Consumer fireworks shall not be sold to persons under the age of eighteen (18). (Ord.
X.6, 7 -6 -2004)
8. The display of consumer fireworks in exit access aisles, corridors, covered malls or
within 5 feet of exits and exterior exit doors are prohibited.
6-4 -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)
THE CITY COUNCIL OF THE CITY OF ROSEMOUN-_ MINNESOTA, ORDAINS as
follows:
Section 1.
7 -8 -1: PURPOSE:
CITY OF ROSEMOUNT
COUNTY OF DAKOTA
STATE OF MINNESOTA
ORDINANCE NO. 2011
ORDINANCE RELATING TO ALARM SYSTEMS; AMENDING
CITY CODE, SECTION 7 -8
Rosemount City Code, Section 7 -8 is amen a €llows:
7 -8 -2: IINITIONS:
Cha
ALARM SYSTEMS
7 -8 -1: PURPOSE:
7 -8 -2: DEFINITIONS:
7 -8 -3: PERMIT REQUIRED:
7 -8 -4: PERMIT FEES:
7- 8- 5: APPLICATION REQUIREMENTS:
7 -8 -6: CRIMINAL PENALTIES:
The purpose of this Chas to preserve and prat the health, safety and welfare of the citizens
of Rosemount m the nuisance" ent operation of alarm systems while providing the
highest le e i ala
For the purpi f this Chapte ee following definitions shall apply:
ALARM SYSTE assembW equipment or devices, either mechanically or electronically
operated, which signa s er au'ly or in any other manner so as to be seen, heard, or otherwise
detected outside the prote le serviced by the alarm system, that a robbery, burglary, medical
emergency, fire, act of vandsin or unauthorized entry has occurred, and which is intended, or may
reasonably be expected, to summon a response from police and /or fire personnel. An automobile
alarm device shall not be considered to be an alarm system under the terms of this Chapter.
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 from the date of issuance of the permit 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 other employees or agents. A false
alarm does not include an alarm caused by utility line mishaps,3aWiit conditions of nature or other
conditions determined to be beyond the control of the alamrliTaftfacturer, installer or user. (Ord.
XV.9, 1 -21 -1997)
7 -8 -3: PERMIT REQUIRED:
Every alarm system user shall be allowed four (se alarms per year for=th premises containing
alarm systems under his /her control. Should the fiber of false police /fire .1 s exceed four (4)
in one year the alarm user must purchase an alarm user- i_ermit pon notice frome Police Chief,
Fire Chief or his /her designee. Uponnausting the number lifialse alarms alloweby a permit, an
alarm user must purchase another pe Qxd. XV.9, 1 2119
7 -8 -4: PERMIT FEES:
The fees for the alarm uAerEpanit,shall be siPjy City c l_resoluioh. (Ord. XV.9, 1-21-1997)
7 -8 -5: APPLICATI;RE
Applications for an alarm u err t hall be made _writing to the City on such forms as
designated -4-Clerk a s coast lie following information:
A. The a e, address and hone number of the applicant
D. The type of alarm sys
B. The name ddress and tele ane num Apf the property owner if different from the applicant;
installed;
C. The property address of the location where the alarm system will be installed and maintained;
E. The names and telephone numbers 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.
ATTEST:
Amy Domeier, City Clerk
Published in the Rosemount Towr1 ges the a of 2011.
lilpiam H. 13t tine, Mayor