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HomeMy WebLinkAboutOrdinance No. 4401 - Second Reading: Repeal and replace RCO Chapter 8-2 relating to Fire Code ORDINANCE NO. ____ AN ORDINANCE REPEALING AND REPLACING CHAPTER 8-2 OF THE ROCHESTER CODE OF ORDINANCES RELATING TO THE FIRE CODE AND OTHER FIRE PREVENTION STANDARDS. THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN: Section 1. Rochester Code of Ordinances Chapter 8-2 is hereby repealed and replaced to read as follows: Sec. 8-2-1. - Fire code. The state fire code adopted by the state fire marshal pursuant to Minn. Stat. § 299F.011 and Appendix B through I of the International Fire Code, 2012 Edition, is hereby adopted as the fire code for the city, except as modified in this Code. The aforesaid fire code of the city shall be known as and may be cited as the "fire code." Any provision of the fire code to protect life or property in the city which is more restrictive shall prevail over the provisions of the state fire code. Sec. 8-2-2. - Definitions. (a) Jurisdiction. The term "jurisdiction," when used in the fire code, means the city. (b) Corporation counsel. The term "corporation counsel," when used in the fire code, means the city attorney. Sec. 8-2-3. - Police enforcement assistance. When requested to do so by the fire code official, the chief of police shall assign such available police officers as the chief of police may deem necessary to assist the fire department in enforcing the provision of the fire code. Sec. 8-2-4. – Fees. (a) A fire department permit application fee of $75.00 shall be assessed for each construction permit application submitted. (b) A fire department construction permit fee will be calculated based on the actual cost of the project’s labor and components multiplied by 0.03. A minimum permit fee of $75.00 shall be assessed for each construction permit submitted. 1 (c) An inspection fee for work without a fire department construction permit shall be assessed in the amount equal to the normal fire department construction permit fee. (d) After hours inspection fees shall be assessed according to the compensatory rate in the current employment contract of the responding fire department employee with a minimum of 3 hours. (e) A re-inspection fee of $150.00 for each additional inspection required beyond the normal inspection process. (f) A fire department permit application fee of $75.00 per facility and permit fee of $75.00 shall be assessed per permit activated at the facility. (g) A fire department permit application fee of $75.00 per location and permit fee of $300.00 shall be assessed for each authorized burning site. Sec. 8-2-5. - Construction permits. (a) A fire department construction permit shall be obtained by the contractor of all new installations, modifications, or repairs of systems and equipment for which a permit is required under this section and section 105.7 of the fire code. (b) All such installations, modifications, and repairs of systems and equipment for which a permit is required under this section shall be performed by contractors properly licensed under Minn. R. ch. 7512 or 7105, Minn. Stats. § 326.34 or as required by any other governmental agency or the fire code official. Proof of valid license or certification shall accompany all applications for permit. (c) Fees for each permit shall be charged to perform necessary plan reviews and initial inspection of affected installations, modifications, or repairs. Permit fees shall be calculated based on the actual cost of the labor and components of the project multiplied as specified in section 8-2-4(a). When applying for the permit, the contractor shall pay an estimated fee based on the estimated cost of the project. If the actual cost of the project is greater than the estimated cost, the contractor shall pay any additional fee amount before the final acceptance test. (d) When substantial work on installations, modifications, or repairs subject to this section are determined to have been commenced without benefit of the required fire department construction permit and associated plan review, a special inspection of the site by a fire code official shall be made before a permit may be issued for the work. A separate fee will be assessed for the project as specified in section 8-2-4(b). e) After hours inspection fees may be charged for all required on-site inspections of permitted installations, modifications, and repairs of systems and equipment which occur outside the hours of 8:00 a.m. through 5:00 p.m., Monday through Friday. This fee will be billed to the installing contractor as specified in section 8-2-4(c). 2 (f) When in the course of inspecting/testing work associated with a fire department construction permit, it becomes necessary for the fire code official to make one or more additional return visits to re-inspect/retest a system and equipment, over and above the normal inspection/testing, to ensure compliance with the construction permit requirements, a re-inspection fee as specified in section 8-2-4(d) may be charged to permit holder for each additional re-inspection required to obtain compliance. (g) Special inspections of fire department construction permit installations, modifications, and repairs may be required by the fire code official when necessary to ascertain compliance with the provisions of the fire code and standards enforced in conjunction with required installations. All special inspections shall be completed prior to fire department final inspection, final approval or certificate of occupancy issuance. Installing contractors are responsible to provide documentation of completed required inspections and witnessing of all required tests as performed by an approved and qualified independent inspector or engineer, in accordance fire code section 104.7.2. Qualified inspectors shall meet the minimum qualifications as determined by the fire code official. (h) A fire department construction permit shall be obtained by the contractor of all new installations, modifications, or repairs of areas of refuge and the associated two-way communication system, signage, and instructions as required by the Rochester Building Safety Department. Sec. 8-2-6. - Operational permits. (a) Permits issued under this section and section 105.6 of the fire code shall be valid for the period of one year or such lesser period as is designated on the permit. If the activity or purpose for which a permit is issued is ongoing in nature, a new permit shall be obtained annually on or before the anniversary date of the permit last issued. A permit fee as specified in section 8-2-4(e) for each permitted activity at the same property, facility or building shall be charged for each permit issued, including each annual renewal thereof. (b) A fire department operational permit for open burning shall be valid for a period of 30 days or such time period as designated on the permit. If the authorized burning activity continues for greater than 30 days, the permit may be extended for an additional 30 days at the discretion of the fire code official. A permit fee as specified in section 8-2-4(f) for each open burning permit shall be charged per location. (c) A fire department operational permit for the installation and use of a temporary liquid propane system shall be valid for a period of 180 days or such time period as designated on the permit. If the need for the temporary installation continues for greater than 180 days, the permit may be extended for an additional 180 days at the 3 discretion of the fire code official. A permit fee as specified in section 8-2-4(e) for each temporary liquid propane system shall be charged. (d) A fire department operational permit for the installation and use of a temporary fuel dispensing system shall be valid for a period of 180 days or such time period as designated on the permit. If the need for the temporary installation continues for greater than 180 days, the permit may be extended for an additional 180 days at the discretion of the fire code official. A permit fee as specified in section 8-2-4(e) for each temporary fuel dispensing system shall be charged. (e) A fire department operational permit for the operation of a mobile food service unit is required in conjunction with the Rochester City Clerk permit process. A permit fee as specified in section 8-2-4(e) for each mobile food service unit shall be charged. Sec. 8-2-7. - Collaborative enforcement agency request. The fire code official may conduct inspections and collect inspection fees at the request of other enforcement agencies provided the fire code official is qualified to conduct the inspection and has the resources available to provide the service. Sec. 8-2-8. - Non-listed fire and life safety systems. Fire and life safety systems shall be listed and approved for the service which they are installed to provide. Non-listed or approved systems shall be replaced at the direction of the fire code official. Sec. 8-2-9. - Fire sprinkler and fire alarm monitoring requirement. (a) Pursuant to the fire code, all fire sprinkler systems over 20 heads and fire alarm systems shall be monitored and supervised by a central station monitoring company acceptable to the fire code official, a proprietary supervising system or a remote supervising station system. (b) Notwithstanding anything in this section to the contrary, monitoring and supervisory service is not required for single and multiple station smoke alarms required by section 907.2.10 of the fire code or automatic sprinkler systems in one- and two- family dwellings. Sec. 8-2-10. - Fire sprinkler and fire alarm notification requirement. (a) For buildings which have a fire sprinkler and/or fire alarm system but are not required to provide a full notification system per the fire code, notification devices shall be provided as required by the fire code official. 4 (b) In buildings with multiple tenant spaces, notification devices shall be provided as required in 8-2-10(a) for each tenant space. (c) Activation of the notification device located above a Fire Department Connection shall be off the 110 volt contacts associated with the fire and life safety system flow switch. This notification device shall be active only when the flow switch is indicating a flow status. Sec. 8-2-11. - Addressable fire alarm systems. Pursuant to section 907 of the fire code, new fire alarm systems installed shall be of an addressable design/capability. Repair of an existing conventional fire alarm system will not require the entire system be replaced with an addressable system unless the Fire Alarm Control Panel or more than 50% of the system devices are required to be repaired/replaced. Sec. 8-2-12. - Fire and life safety system inspection, testing, and maintenance records. Pursuant to section 901.6.2 of the fire code, contractors who perform inspection, testing and/or maintenance services on fire and life safety systems within the city are required to electronically submit all compliant and noncompliant reports to the fire department using the method approved by the fire code official. The fire department may assess an administrative fee on electronic submittals to cover the administrative costs of this process. Sec. 8-2-13. - Skyway and subway emergency location signage. Properties which have skyway and/or subway access for public travel shall provide emergency location signage as required by the fire code official. Sec. 8-2-14. - Fire hydrants. (a) All required fire hydrants shall be positioned so the distance from the adjacent grade level is not less than 30 inches to the top of the hydrant and the large diameter outlet shall face the roadway and/or curb-line. (b) A fire hydrant is required to be positioned within 150 feet of a fire department connection for fire and life safety systems as approved by the fire code official. Sec. 8-2-15. - Storage and use of explosives. The storage and use of explosives as permitted under chapter 56 of the fire code, and for which a license or permit is required under state law, is prohibited within the 5 corporate limits of the city, except for temporary storage permitted in conjunction with approved blasting operations under a valid fire department operational permit as specified in section 8-2-6. Sec. 8-2-16. - Fireworks and pyrotechnic displays. Fireworks and pyrotechnic displays shall be limited to those intended specifically for public viewing outdoors and as are permitted pursuant to Minn. Stats. § 624.20 and chapter 56 of the fire code. Indoor pyrotechnic displays are permitted only in buildings protected throughout by an approved automatic fire sprinkler system. Public fireworks and pyrotechnic displays require application to the city clerk's office for approval by the common council and a fire department operational permit, as specified in section 8-2-6, prior to conducting the display. Sec. 8-2-17. - Appendix D - Section D107. Pursuant to fire code section D107.1, the number of dwelling units is increased from 30 to 50 regarding enforcement of this section. Sec. 8-2-18. - Violations. a) Any violation of any provision of the fire code or failure to comply therewith, or violation or failure to comply with any order made thereunder, or any building in violation of any specifications or plans submitted and approved thereunder or in violation of any certificate or permit issued to thereunder, and from which no appeal has been taken, or failure to comply with such order as affirmed or modified by the council herein, shall be a separate violation. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and any person responsible for the violation shall correct or remedy such violation or defect within a reasonable time. When not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. The application of any penalty shall not prevent the forced removal of prohibited conditions. b) A person who conducts open burning without a valid fire department operational permit as required in section 8-2-6, shall be guilty of a misdemeanor Sec. 8-2-19. - Re-inspection fee. When in the course of enforcing a duly issued violation notice, it becomes necessary for the fire code official to make one or more additional return visits to re- inspect a property, over and above the normal one follow-up inspection, to ensure compliance with the fire code, a re-inspection fee as specified in section 8-2-4(d) may 6 be charged to the property/business owner for each additional re-inspection required to obtain compliance. Sec. 8-2-20. - Appeals. (a) All requests for appeals shall be made to the fire chief within the time designated in the correction order and will be forwarded to the board of appeals for a hearing as provided in chapter 1-4. (b) An application for appeal shall be based on a claim that the intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply, or an equivalent method of protection or safety is proposed. The board does not have the authority to waive requirements of the fire code. (c) Any person may appeal an order issued to them on issues regulated by the city fire code. This appeal shall be forwarded to the board of appeals established by chapter 1-4. Sec. 8-2-21. - Failure to comply. Fire code "Section 111.4 Failure to Comply" is amended to read: "Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a misdemeanor." Sec. 8-2-22. - Fire response reimbursement. Persons determined responsible for malicious false alarms resulting in an unnecessary fire department response will be required to reimburse the fire department for the actual cost of that run, in addition to any court-ordered fines or charges. Minimum charges will be determined by the actual compensatory rates, according to the current employment contract, of the responding fire department personnel and the following hourly rates for responding apparatus and vehicles used: chief's car: $75.00 per hour; engine: $125.00 per hour; aerial: $150.00 per hour; rescue $75.00 per hour; fire investigation/inspection: $75.00 per hour. Sec. 8-2-23. - Fire department standby charges. When required by the fire code, fire code official, or when requested by outside agencies to provide standby fire department personnel to perform fire safety, inspection or other fire-related duties, the fire department may charge that agency or business for the actual cost of providing those standby personnel and vehicles. Minimum charges will be as stated in section 8-2-22. 7 Section 2. This ordinance shall become effective as of the date of its publication. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS ________ DAY OF _______________, 2020. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: __________________________ CITY CLERK APPROVED THIS _______ DAY OF _________________, 2020. ___________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Ord15/8-2.FireCode.docx 8