Chapter
8
FIRE
PREVENTION AND PROTECTION*
__________
* Editors Note: Ord. No. 1364,
§§ 1 and 2, adopted January 6, 1997, amended the Code by repealing former Ch.
8, §§ 8-1--8-4, and 8-24--8-39, and added a new Ch. 8, §§ 8-1--8-4, 8-10 and
8-11. Former Ch. 8, pertained to similar subject matter and derived from Ord.
No. 781, adopted August 30, 1971; and Ord. No. 940, adopted October 30, 1978.
Charter References: Council
authorized to adopt technical ordinances, by reference, § 6.6.
Cross References: Buildings
and building regulations, Ch. 5; housing code, Ch. 12; exitways required in
dwelling units, § 12-51; fire prevention at certain amusements, § 15-36; police
and fire alarms, Ch. 31.
State Law References: Fire
prevention generally, M.S.A., Ch. 26; authority of city to adopt fire
prevention codes, § 5.2073(k); sale, display and use of fireworks prohibited, §
28.440(1).
__________
Art. I. International Fire Code, §§
8-1--8-2, 101.1 -105.8.5
Art. II. Amendments and Penalty, §§
8-10, 108-1 - 109-3
ARTICLE
I
INTERNATIONAL
FIRE CODE
Sec.
8-1. Amendments to the International
Fire Code adopted.
The
International Fire Code and its future amendments were adopted on July 23, 2001
through the Michigan Building Code Section 5-5 of Article II of Chapter 5 of
the City of Midland Code of Ordinances.
Article I of this chapter sets out the International Fire Code local
amendments. The numbering of Article I
subsections conforms with the sections of the International Fire Code being
amended for local regulation, compliance and enforcement.
(Ord. No. 1364,
§ 1, 1-6-97; Ord. No. 1719, § 1, 10-24-11)
Section
8-2. Changes in code.
The following
sections and subsections of the International Fire Code are hereby amended or
deleted as set forth and additional sections and subsections are added as
indicated in this section. Subsequent
section numbers used in this section shall refer to the like numbered sections
of the International Fire Code.
(Ord. No. 1364,
§ 1, 1-6-97; Ord. No. 1719, § 1, 10-24-11)
Sec.
101.1 Title. Section amended to read as follows:
Sec. 101.1
Title.
These following
regulations shall be known as the International Fire Code local amendments
along with the International Fire Code, hereinafter referred to as “this code”.
(Ord. No. 1719,
§ 1, 10-24-11)
Sec.
102.6 Referenced codes and standards. Section amended to read as follows:
Sec.
102.6 Referenced codes and
standards.
The
codes and standards referenced in this code shall be those that are listed in
Chapter 45 of the International Fire Code and such codes and standards shall be
considered part of the requirements of this code to the prescribed extent of each
such reference. Where differences occur
between the provisions of this code and the referenced standards, the
provisions which establish the higher standard for the promotion of the safety
and welfare of the public, and the protection of the public, or as otherwise
determined by State of Michigan law, shall apply.
(Ord.
No. 1719, § 1, 10-24-11)
Sec.
103.1 General. Section amended to read as follows:
Sec.
103.1 General.
The
fire department shall be responsible for fire control and suppression, fire
prevention education, fire safety inspections and fire code enforcement of
buildings and occupancies as related to the risk of fire, explosion or hazards
related to materials storage and handling within the city of Midland. The Fire Prevention Division is established
under the direction of the fire code official and shall be comprised of the
Fire Marshal, its designee and/or others it deems necessary. The function of the division shall be the
implementation, administration and enforcement of the provisions of this
code. The division shall be tasked with
reducing community fire risk through proactive measures, including education,
fire safety inspections, plan review and code enforcement. The division shall operate under the
supervision of the Fire Marshal as directed by the Fire Chief.
(Ord.
No. 1719, § 1, 10-24-11)
Sec. 104.2.1
Inspections. After Section
104.2, add Section 104.2.1 as follows:
Sec. 104.2.1
Inspections.
The
fire department is authorized to assess fire safety re-inspection fees as
established in chapter 21 of the Code of Ordinances.
(Ord.
No. 1719, § 1, 10-24-11)
Sec. 104.2.2
Services. After Section 104.2.1, add Section 104.2.2 as
follows:
Sec. 104.2.2 Services.
The
fire department is authorized to assess fees for services provided as
established in chapter 21 of the Code of Ordinances. Services include, but are
not limited to emergency responses, standby at downed power lines, standby at
events, and training provided.
(Ord.
No. 1719, § 1, 10-24-11)
Sec. 105.1.2
Types of permits. Section
amended to read as follows:
Sec.
105.1.2 Types of permits.
There shall be
three (3) types of permits as follows:
1.
Operational
Permit. An operational permit allows the
applicant to conduct an operation or business for which a permit is required by
Section 105.6 for either:
A.
A
prescribed period of time; or
B.
Until renewed or revoked.
2.
Construction
Permit. A construction permit allows the applicant to install or modify systems and equipment for which a permit is
required by Section 105.7.
3.
Occupancy
Permit. An occupancy permit allows the applicant to occupy existing premises
for the purpose of conducting or operating a business for which a permit is
required by Section 105.8 or for any residential use or purpose.
(Ord. No. 1719, § 1, 10-24-11)
Sec. 105.6
Required operational permits.
Section amended to read as follows:
Sec.
105.6 Required operational
permits.
The
fire code official is authorized to issue operational permits for operations
set forth in Sections 105.6.1 through 105.6.46.
(Ord.
No. 1719, § 1, 10-24-11)
Sec. 105.6.13
Special events. Section
amended to read as follows:
Sec.
105.6.13 Special events.
An
operational permit is required to operate/conduct all special events, as
defined in the Zoning Ordinance, including exhibits, crafts, and trade shows.
(Ord.
No. 1719, § 1, 10-24-11)
Sec. 105.6.13.1
Permit fee. After Section 105.6.13, add Section
105.6.13.1 as follows:
Sec.
105.6.13.1 Permit fee.
Permit
fees shall be established in chapter 21 of the Code of Ordinances.
(Ord.
No. 1719, § 1, 10-24-11)
Sec. 105.6.14.1
Fireworks. After Section 105.6.13.1, add Section
105.6.14.1 as follows:
Sec.
105.6.14.1 Fireworks.
An
operational permit is required for the public display and retail display and
sale of fireworks. Application for permits shall be made in writing at least
fifteen (15) days in advance of the date of the public display, retail display
or sale of fireworks. The sale, possession, and distribution of fireworks for
such display shall be lawful under the terms and conditions approved with the
permit and for only that purpose and must fully comply with local, state and
federal regulations. A permit granted hereunder shall not be transferable nor
shall any such permit be extended beyond the time set forth therein unless
approved by the fire code official.
(Ord.
No. 1719, § 1, 10-24-11)
Sec. 105.6.14.2
Permit fee. After Section 105.6.14.1, add Section
105.6.14.2 as follows:
Sec.
105.6.14.2 Permit fee.
Permit
fees shall be established in chapter 21 of the Code of Ordinances.
(Ord.
No. 1719, § 1, 10-24-11)
Sec. 105.6.20
Hazardous materials. Section amended
to read as follows:
Sec.
105.6.20 Hazardous materials.
An
operational permit is required to store, transport on site, dispense, use or
handle hazardous materials, as defined by the National Fire Protection
Association, in excess of the most restrictive amounts listed in this code, the
EPA’s Emergency Planning and Community Right To Know regulations, and MIOSHA’s
Firefighter Right To Know regulations.
(Ord.
No. 1719, § 1, 10-24-11)
Sec. 105.6.20.1
Required amounts for reporting.
After Section 105.6.20, add Section 105.6.20.1 as follows:
Sec.
105.6.20.1 Required amounts for
reporting.
Reportable
quantities shall be considered the maximum amount of hazardous material on site
at any given time. This amount shall be
reported to the fire department in accordance with SARA Title III requirements.
(Ord.
No. 1719, § 1, 10-24-11)
Sec. 105.6.20.2
Permit fees. After Section
105.6.20.1, add Section 105.6.20.2 as follows:
Sec.
105.6.20.2 Permit fees.
Permit
fees shall be established in chapter 21 of the Code of Ordinances.
(Ord.
No. 1719, § 1, 10-24-11)
Sec. 105.7.1.1
Installations. After Section
105.7.1, add Section 105.7.1.1 as follows:
Sec.
105.7.1.1 Installations.
Before
any fire alarm, detection, control or suppression system is installed, expanded
or modified in any way, a permit shall be obtained from the fire code
official. This shall include any
components connected to or controlled by the aforementioned systems. All work shall be performed by a qualified,
properly licensed and/or certified installer, whose credentials shall be made
available for examination by the fire code official on demand. Construction documents shall be reviewed and
approved by the fire code official prior to issuance of the permit. Upon issuance, the permit shall be posted at
the job site, both residential and commercial, in plain view. The fire code official is authorized to
require construction documents in hard copy, a suitable electronic format, or
both.
(Ord.
No. 1719, § 1, 10-24-11)
Sec.
105.7.1.2 Permit fees. After Section 105.7.1.1, add Section
105.7.1.2 as follows:
Sec.
105.7.1.2 Permit fees.
Permit
fees shall be established in chapter 21 of the Code of Ordinances.
(Ord.
No. 1719, § 1, 10-24-11)
Sec. 105.7.3.1
Installations. After Section 105.7.3, add Section 105.7.3.1
as follows:
Sec.
105.7.3.1 Installations.
Before
any fire alarm or detection system is installed, expanded or modified in any
way, a permit shall be obtained from the fire code official. This shall include any components connected
to or controlled by the aforementioned systems.
All work shall be performed by a qualified, properly licensed and/or
certified installer, whose credentials shall be made available for examination
by the fire code official on demand.
Construction documents shall be reviewed and approved by the fire code
official prior to issuance of the permit.
Upon issuance, the permit shall be posted at the job site, both
residential and commercial, in plain view.
The fire code official is authorized to require construction documents
in hard copy, a suitable electronic format, or both.
(Ord.
No. 1719, § 1, 10-24-11)
Sec. 105.7.14
Permit issuance. After Section
105.7.13, add Section 105.7.14 as follows:
Sec.
105.7.14 Permit issuance.
A
permit granted hereunder shall not be transferable nor shall any permit be
extended beyond the time set forth therein unless approved, in writing, by the
fire code official. When work is started
without a permit, the permit fee shall be doubled.
(Ord.
No. 1719, § 1, 10-24-11)
Sec.
105.8 Required occupancy permit. After Section
105.7.14, add Section 105.8 as follows:
Sec.
105.8 Required occupancy permit.
The
fire code official is authorized to issue or approve an occupancy permit for a
business or residential use or purpose as set forth in Section 105.8.1 through
105.8.5.
(Ord.
No. 1719, § 1, 10-24-11)
Sec. 105.8.1
Use group. After Section 105.8, add Section 105.8.1 as
follows:
Sec.
105.8.1 Use group.
An
occupancy permit is required for Use Groups A, B, F, H, I, M, R1, R2, R4, S and
U.
(Ord.
No. 1719, § 1, 10-24-11)
Sec. 105.8.2
Inventory statement. After
Section 105.8.1, add Section 105.8.2 as follows:
Sec.
105.8.2 Inventory statement.
An
inventory statement for the intended business shall be provided to the fire
code official on request, prior to issuance of the occupancy permit. Inventory statements shall list products or
commodities to be used, stored or produced on the premises, along with
associated documentation as required by the fire code official.
(Ord.
No. 1719, § 1, 10-24-11)
Sec. 105.8.2.1
Hazardous materials inventory statement. After Section 105.8.2, add Section 105.8.2.1
as follows:
Sec.
105.8.2.1 Hazardous materials
inventory statement.
Where
required by the fire code official, each application for a permit shall include
a Hazardous Materials Inventory Statement (HMIS) in accordance with Section
2701.5.2.
(Ord.
No. 1719, § 1, 10-24-11)
Sec. 105.8.3
Permit application. After
Section 105.8.2.1, add Section 105.8.3 as follows:
Sec.
105.8.3 Permit application.
An
occupancy permit application shall be filed with the fire code official prior
to occupancy. The fire code official
shall review the application, inventory statement (where required), and any
associated documentation, and conduct any necessary inspections and meetings
before an occupancy permit is issued in conjunction with the building
department.
(Ord.
No. 1719, § 1, 10-24-11)
Sec. 105.8.4
Site and building preparation.
After Section 105.8.3, add Section 105.8.4 as follows:
Sec.
105.8.4. Site and building
preparation.
As
part of the occupancy permit, the intended occupancy shall meet the following
requirements:
(Ord.
No. 1719, § 1, 10-24-11)
Sec. 105.8.5
Notification of changes.
After Section 105.8.4, add Section 105.8.5 as follows:
Sec.
105.8.5 Notification of changes.
Changes
in occupancy or use shall be made to, and approved by the fire code official
before such changes occur.
(Ord.
No. 1719, § 1, 10-24-11)
ARTICLE II.
Sec. 8-10. International Fire Code Board of Appeals.
(Ord. No. 1364,
§ 2, 1-6-97; Ord. No. 1719, § 1, 10-24-11)
Sec. 108.1 Board of Appeals. Section amended to read as follows:
Sec.
108.1 Board of Appeals.
In
order to hear and decide appeals of orders, decisions or determinations made by
the fire code official relative to the application and interpretation of this
code, there shall be and is hereby created a board of appeals.
(Ord.
No. 1719, § 1, 10-24-11)
Sec.
108.1.1 Creation of; appointment. After Section 108.1, add Section 108.1.1 as
follows:
Sec. 108.1.1 Creation of; appointment.
There
is hereby established a fire board of appeals, hereinafter referred to as the
board, which shall consist of four (4) members appointed by the city
council. The fire code official shall
serve as an ex-officio member of said board and shall have no vote on any
matter before the board. The remaining
three (3) members of the board shall consist of members who are qualified by
experience and training to pass on matters pertaining to hazards of fire,
explosions, hazardous conditions or fire protection systems and are not
employees of the city.
(Ord.
No. 1719, § 1, 10-24-11)
Sec. 108.1.2
Term of office. After
Section 108.1.1, add Section 108.1.2 as follows:
Sec. 108.1.2
Term of office.
The
term of office for members of the board shall be for three (3) years from March
1, 2012, or until the successor to any members shall take office, except that
for the initial term the terms of the members shall be adjusted so that the
term of one (1) member shall expire on June 30, 2012, the term of one (1)
member shall expire on June 30, 2013, and the term of one (1) member shall expire
on June 30, 2015. The term of the fire
code official shall be for the tenure in office.
(Ord.
No. 1719, § 1, 10-24-11)
Sec. 108.1.3
Internal management. After
Section 108.1.2, add Section 108.1.3 as follows:
Sec. 108.1.3
Internal management.
The
board shall elect its own chairman and adopt its own rules of procedures for
conducting its business. The fire code
official shall serve as permanent secretary for the board. All meetings shall be open to the public and
operate under the Open Meetings Act (Act 267 of 1976) and shall follow Roberts
Rules of Order as a guideline. The
board shall keep a record of its proceedings, showing the action of the board
and the vote of each member upon each appeal considered. The board shall render all decisions and
findings in writing to the appellant with a duplicate copy to the fire code
official. Three (3) voting members of
the board shall constitute a quorum.
(Ord.
No. 1719, § 1, 10-24-11)
Sec.
108.1.4 Removing from office; filling
vacancies. After Section 108.1.3, add Section 108.1.4 as
follows:
Sec. 108.1.4
Removing from office; filling vacancies.
Members
of the board may be removed by the city council for inefficiency, neglect of
duty, or malfeasance in office.
Vacancies occurring otherwise than through the expiration of a term in
office shall be filled for the unexpired term by the city council.
(Ord.
No. 1719, § 1, 10-24-11)
Sec.
108.1.5 Members to serve without
compensation.
After Section 108.1.4, add Section 108.1.5 as follows:
Sec. 108.1.5
Members to serve without compensation.
All
members of the board shall serve without compensation.
(Ord.
No. 1719, § 1, 10-24-11)
Sec. 108.1.6
Liability of board and individual members. After Section 108.1.5, add Section 108.1.6 as
follows:
Sec. 108.1.6
Liability of board and individual members.
In
no case shall the board or any members thereof be liable for costs in any
action or proceeding that may be commenced in pursuance of the provisions of
this code.
(Ord.
No. 1719, § 1, 10-24-11)
Sec.
108.1.7 Limitations on authority. After Section 108.1.6, add Section 108.1.7 as
follows:
Sec. 108.1.7
Limitations on authority.
An
application for appeal shall be based on a claim that the intent of this code
has been incorrectly interpreted, the provisions of this code do not fully
apply, or an equivalent method of protection or safety is proposed. The board shall have no authority to waive requirements
of this code.
(Ord.
No. 1719, § 1, 10-24-11)
Sec. 108.1.8
Submitting an appeal.
After Section 108.1.7, add Section 108.1.8 as follows:
Sec. 108.1.8
Submitting an appeal.
An
application for appeal must be submitted, in writing, within ten (10) business
days of the date of issuance of the fire code official’s issuance of order,
infraction or other notice. Said appeal
must include the name and all contact information; copy of the order,
infraction or other notice; grounds for appeal; and, remedies sought.
(Ord.
No. 1719, § 1, 10-24-11)
Sec. 109.3
Violation penalties. Section
amended to read as follows:
Sec.
109.3 Violation penalties.
Persons
who shall violate any provision of this code or shall fail to comply with any
requirements thereof or who shall erect, install, alter, repair, service, test
or do work in violation of the approved construction documents or directive of
the fire code official, or of a permit or certificate used under provisions of
this code, shall be responsible for a municipal civil infraction. Upon conviction of such infraction, such
person shall be punished as provided in chapter 34 and fined according to chapter
21 of the Code of Ordinances. The
imposition of one (1) municipal civil infraction fine for any violation shall
not excuse the violation or permit to continue and all such persons shall be
required to correct or remedy such violation or defects. Every day of noncompliance shall be deemed a
separate violation.
(Ord.
No. 1719, § 1, 10-24-11)