Chapter 8
FIRE PREVENTION AND PROTECTION*

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Editor's 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).

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Art. I. Uniform Fire Code, §§ 8-1– 8-9

Art. II. Amendments and Penalty, §§ 8-10, 8-11

ARTICLE I.
UNIFORM FIRE CODE

Sec. 8-1. Adopted.

The Uniform Fire Code, published by the International Fire Code Institute, a copy of which is on file in the office of the city clerk, is hereby adopted as the city fire code and made a part of this chapter as if fully set out herein, except such portions as are amended or deleted by the provisions of this chapter.

(Ord. No. 1364, § 1, 1-6-97)

Sec. 8-2. Prosecution previous to effective date.

Any prosecution arising from a violation of any ordinance or section of an ordinance repealed or amended in this chapter, which prosecution may be pending on January 13, 1997, or any prosecution which may be started within one (1) year after January 13, 1997, in consequence of any violation of any ordinance or section of an ordinance repealed or amended in this chapter, which violation was committed previous to January 13, 1997, shall be tried and determined exactly as if such ordinance or section of an ordinance had not be appealed or amended.

(Ord. No. 1364, § 1, 1-6-97)

Sec. 8-3. Severability.

Any and all sections, terms, provisions and/or clauses herein shall be deemed independent and severable. Should any court of competent jurisdiction hold any section, term or provision or clause void and/or invalid, all remaining sections, terms, provisions and/or clauses not held void and/or invalid shall continue in force and effect.

(Ord. No. 1364, § 1, 1-6-97)

Sec. 8-4. Repealer.

All ordinances or parts thereof in conflict herewith are hereby repealed and shall be of no further force and effect.

(Ord. No. 1364, § 1, 1-6-97)

Secs. 8-5– 8-9. Reserved.

ARTICLE II.
AMENDMENTS AND PENALTY

Sec. 8-10. Amendments.

The following sections of the fire code adopted by section 8-1 are hereby amended, deleted, modified, substituted for or added to as herein set forth. Section numbers or other references used in this section refer to the sections or other references of the fire code adopted by section 8-1.

Section 101.7. Severability. Section added to read as follows:

Section 101.7. Industrial exemption. Any industrial firm which maintains a fire brigade shall be exempt from the notice, reporting, permit, approval and certification provisions of this code for conditions protected by the fire brigade, but shall be subject to all other requirements of this code.

Section 103.1.4. Appeals. Section amended to read as follows:

The building board of appeals, created in section 5-27 of the Code of Ordinances, shall serve as the appeal body for this code, with the same power and duties granted to it in relation to the city's building code; except, however, when used in section 5-27 of the Code of Ordinances, the phrases "this article" or "the article" shall mean Chapter 8 of the Code of Ordinances; "chief building inspector" shall mean "fire chief"; and "building code" shall mean "uniform fire code".

Section 103.4.4. Citations. Section is hereby repealed.

Section 105.8 Permits required. Section amended to read as follows:

All permits in this section except "p.3 Pyrotechnic special effects material" and "t.1 Tents, Canopies and Temporary membrane structures", are deleted.

Section 207-F. The following definitions are hereby added to this section, after the definition for "fire barrier":

Fire brigade shall mean only regular, organized and trained industrial groups charged with the full-time responsibility of providing fire suppression.

Fireworks shall be defined to include and exclude all devices described in Section 243a of the Michigan Penal Code. (MCLA 750.243a; MSA 28.440(1).)

Section 211-J. The following definition is hereby amended to read as follows:

Jurisdiction means the City of Midland, Michigan.

Section 7801.1. Scope. Section amended to read as follows:

Notwithstanding any of the provisions of this article, in the event of any conflict between any of said provisions and statutes of the State of Michigan regulating fireworks, the latter shall control. In addition to the foregoing, nothing in this article shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes of illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports or for use by military organizations.

Article 79. Flammable and combustible liquids. Section amended to read as follows:

This article is deleted, except for Section 7904.6.5 Parking.

Appendix I-C, Stairway identification. Appendix is hereby adopted and amended as follows:

Section 2. General. Standardized signs shall be provided in new buildings which are seven (7) or more stories in height. Such signs shall be installed in stairways to identify each stair landing and indicate the upper and lower termination of the stairway.

Appendix III-A, Fire-flow requirements for buildings. Appendix is hereby adopted.

Appendix III-B, Fire hydrant locations and distribution. Appendix is hereby adopted.

Appendix III-C, Testing automatic sprinkler and standpipe systems. Appendix is hereby adopted.

Appendix V-A, Nationally recognized standards of good practice. Appendix is hereby adopted.

Appendix VI-A, Hazardous materials classifications. Appendix is hereby adopted.

Appendix VI-D, Reference tables from the uniform building code. Appendix is hereby adopted.

(Ord. No. 1364, § 2, 1-6-97)

Sec. 8-11. Penalties.

(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 board of appeals or by a court of competent jurisdiction within the time fixed herein shall severally for each and every such violation and noncompliance respectively, be responsible for a municipal civil infraction. Upon conviction of such violation, such person shall be punished as provided in Chapter 34 and fined according to Section 21-91 of 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 it to continue and 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 continue shall constitute a separate offense.

(b) The application of the above fine shall not be held to prevent the enforced removal of prohibited conditions.

(Ord. No. 1364, § 2, 1-6-97)