ARTICLE II. FIRE PREVENTION CODE
62-26 Adoption by reference.
(a) The 2003 Edition of the International Fire Code, along with any subsequent amendments or supplements as promulgated by the State of Michigan, with technical amendments approved and recommended by the International Code Council, is hereby adopted as the enforcing authority of this section by reference, as set forth herein, and shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.
(b) That the limits referred to in certain section of the 2003 Edition of the International Fire Code are established as follows:
(1) Section 3204.3.1 through 3204.3.2 City of Pontiac requirements: Storage of cyrogenic fluids in stationary containers outside of buildings is prohibited if located inside Fire Limit No. 1 as defined in section 62-81 of the Pontiac Municipal Code. Businesses located within the city limits but outside Fire Limit No. 1 shall comply with all NFPA Standards, including but not limited to, Standards 50, 50A, 50B, and 99.
(2) Section 3406.2.4.4 City of Pontiac requirements: Storage of Class I and II liquids in above-ground tanks is prohibited if located inside Fire Limit No. 1 as defined in section 62-81 of the Pontiac Municipal Code. Businesses located within the city limits but outside Fire Limit No. 1 shall comply with all NFPA Standards, including but not limited to, Standards 30, 33, 34, 285, 329, 385, and 395.
(3) Section 3804.2 City of Pontiac requirements: Storage of liquefied petroleum gas of any one installation shall not exceed a water capacity of 125 gallons (473.125L) if located inside Fire Limit No. 1 as defined in section 62-81 of the Pontiac Municipal Code. Businesses located within the city limits but outside Fire Limit No. 1 shall comply with all NFPA Standards, including but not limited to, Standard 58.
(Code 1985, § 12-1; Ord. No. 2004, § 1, 4-19-93; Ord. No. 2093, § 1, 3-4-99; Ord. No. 2142, § 1, 7-18-02; Ord. No. 2158, § 1, 4-24-03)
62-27 Bureau of fire prevention—Composition; reports.
(a) The fire prevention code shall be enforced by the bureau of fire prevention in the fire department which is hereby established. The bureau shall be operated under the supervision of the chief of the fire department.
(b) The bureau of fire prevention shall consist of the chief of the fire department, the fire marshal, and such other members of the fire department who shall be assigned to fire prevention work in the city.
(c) A report of the bureau of fire prevention shall be made annually and transmitted to the mayor. It shall contain all proceedings under the fire prevention code with such statistics as the chief of the fire department may wish to include therein. The chief of the fire department shall also recommend any amendments to the fire prevention code which, in his judgment, are desirable.
(Ord. No. 2003, § 1(12-3), 4-19-93)
62-28 Same—Powers and duties.
(a) It shall be the duty of the officers of the bureau of fire prevention to enforce all laws and ordinances of the state and city covering the following:
(1) The prevention of fires;
(2) The storage and use of explosives and flammables;
(3) The installation and maintenance of automatic and other fire alarm systems, and fire extinguishing equipment;
(4) The maintenance and regulation of fire escapes;
(5) The means and adequacy of exit, in case of fire, from factories, schools, hotels, lodginghouses, asylums, hospitals, churches, halls, theaters, amphitheaters, multiple dwellings, and all other places in which numbers of persons work, live or congregate from time to time for any purpose;
(6) The investigation of the cause, origin and circumstances of fires.
The above-mentioned activities shall be coordinated with the building department.
(b) The bureau of fire prevention shall have such powers and perform such other duties as are set forth in other sections of this article, and as may be conferred and imposed from time to time by law.
(c) The chief of the fire department may delegate any of his powers and duties under this article to the fire marshal.
(Ord. No. 2003, § 1(12-4), 4-19-93)
62-29 Modifications of fire prevention code.
The fire chief and the fire marshal, acting jointly, shall have power to modify any of the provisions of the fire prevention code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the fire prevention code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. “Practical difficulties,” as used in this section, shall mean a difficulty in compliance with all of the provisions of the code which arises from some particular characteristic of the building or property in question and involves a difficulty other than mere inconvenience or financial hardship. The particulars of any such modification when granted or allowed in the decision of the fire chief and fire marshal shall be entered upon the records of the department. A signed copy shall be furnished to the applicant.
(Ord. No. 2003, § 1(12-5), 4-19-93)
62-30 Appeals from decisions of fire chief.
Whenever the chief of the fire department disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the fire prevention code do not apply or that the true intent and meaning of the fire prevention code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief of the fire department to the council within 30 days from the date of the decision.
(Ord. No. 2003, § 1(12-6), 4-19-93)
62-31 New materials, processes or occupancies; permits.
The mayor, the chief of the fire department and the fire 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 the fire prevention code. The fire marshal shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons.
(Ord. No. 2003, § 1(12-7), 4-19-93)
62-32 Storage of readily combustible materials.
(a) For purposes of this section, “readily combustible materials” is hereby defined to mean rubber tires, empty packing cases, boxes, barrels or similar containers, or baled cotton, rubber or cork, or other similarly combustible material. Provided, however, that new rubber tires, located on premises from which they are offered for sale by a tire dealer, shall not be considered to be readily combustible materials.
(b) It shall be a violation of this section to maintain on any property in the city, either inside or outside of a building, in excess of 2,500 cubic feet (70 mil) gross volume of readily combustible materials without a permit issued by the fire chief. No permit shall be issued under this section except in writing and signed by the fire chief, and for a term not to exceed one year. No permit shall be issued by the fire chief unless he shall find that an accumulation of readily combustible materials on the property where the permit is requested, due to its location and the development of nearby properties, will not create an undue fire hazard.
(c) Any accumulation of readily combustible materials in the city, whether it be less than 2,500 cubic feet, or permitted by the permit provided for by subsection (b) of this section, shall be in violation of this section unless it is in accordance with the following requirements:
(1) Outside storage shall be in a neat, orderly and compact manner. No materials shall be piled over 20 feet in height or with a horizontal dimension of more than 25 feet in any direction at any time. Provided, however, that the limitation on horizontal dimension included in this subsection may be waived by the fire chief in the case of any readily combustible materials stored on May 20, 1993, if in the judgment of the fire chief the storage for which the requirement is waived does not create an undue fire hazard.
(2) Outside storage shall not be permitted in the front open space of any property, within 15 feet of any lot line, or within 25 feet of any building.
(3) Outside storage shall not be permitted within 200 feet of any property zoned for residential purposes.
(4) The areas surrounding any outside storage shall be maintained free of any weeds, grass, trash, junk or debris of any kind.
(5) Any storage of readily combustible materials inside a building shall be neat, compact and orderly; shall not be within two feet of the ceiling; shall be located so as not to obstruct egress from the building; and shall provide aisles between areas of storage a minimum of ten feet wide so as to subdivide the storage into units with no horizontal dimension in excess of the maximum set forth in subsection (c)(1) of this section.
(Ord. No. 2003, § 1(12-8), 4-19-93)
62-33 Penalties for violation.
Violation of any provisions of this article herein adopted shall be deemed to be a municipal civil infraction, punishable by a fine of not less than $100.00 or more than $500.00, plus any costs, damages, expenses, or other sanctions. This article is further subject to the repeat offense provision, section 86-501(2) of this Code. Further, each day on which any violation of this article continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense. In addition to any other remedies available at law, the city may bring in the local district court an injunction or other process against a person or company to restrain, prevent, or abate any violation of this article.
(Ord. No. 2003, § 1(12-10), 4-19-93; Ord. No. 2142, § 1, 7-18-02)
62-34 Recovery of abatement cost.
(a) Whenever the fire department of the city, by its own actions or by arranging for another city department to do the work, or by retaining an outside contractor to do the work, takes any action authorized by this Code in order to abate a violation of the fire prevention code, the cost thereof shall be charged to and may be collected from the owner or the occupants of the property where the violation occurred. The charge shall be the responsibility of the owner of the property where the violation occurred unless the violation was one for which the occupant is liable under the provisions of the code, in which case the charge shall be the responsibility of the owner and the occupant.
(b) In any case in which a violation of the fire prevention code exists which is a fire hazard or would tend to cause a fire to be more serious, and a violation notice has been issued by the city notifying the responsible owner or occupant of the violation, and a fire shall occur at the property before the violation has been corrected, which fire is caused by or contributed to by the violation of the code, the property owner shall be liable to the city for the cost to the city of fighting and extinguishing the fire, including the cost to the city of securing the property, keeping the property safe, and cleaning up the premises. If the violation was one for which the occupant is liable under the provisions of the code, the cost shall be the responsibility of the owner and the occupant.
(c) In any case in which the owner of a parcel of property incurs any obligation to the city under this section and the obligation is not paid in full within 30 days after it has been billed to the owner and/or the occupant, the city shall be entitled to assess any portion of the obligation that remains unpaid against the property where the violation occurred as a special assessment, in accordance with the procedure set forth in chapter 98 of this Code.
(Ord. No. 2003, § 1(12-11), 4-19-93)
62-35 False fire alarms definitions.
As used in this Chapter, the following terms shall be defined as:
Alarm Originator shall mean the person, partnership, corporation, or limited liability company who requested the installation of the alarm system, or who has either an ownership interest in the premises, a leasehold interest in or occupies the premises where the alarm system is operated, maintained or used within the City of Pontiac.
Alarm System and/or Fire Alarm shall mean an assembly of electrical or mechanical equipment and/or devices or a single device arranged to signal the presence of a hazard or a situation requiring urgent attention which the Fire Department may be summoned directly or indirectly to respond to, including but not limited to a system designed for the detection of fire, smoke, or heat within a building or structure.
False Fire Alarm shall mean any alarm activation or other report of a fire, or potential fire condition that is registered at or reported to the Fire Department not resulting from a fire or potential fire condition. This includes the activation of an alarm system through a mechanical failure, malfunction, improper installation or the negligence of the owner or user of an alarm system or negligence of the occupant of the residence and/or building in which the alarm system is located or of their employees or agents. False fire alarm also means any alarm condition not resulting from a fire or potential fire condition.
Fire Alarm Response Costs and/or Fees shall mean all actual response and investigation expenses incurred by the City of Pontiac in responding to a false alarm.
Fire Chief shall mean the Chief of the Waterford Township Fire Department.
Fire Department shall mean the Waterford Township Fire Department.
(Ord. No. 2198, § 1, 7-12-07; Ord. No. 2252, § 1, 3-27-12)
62-36 False fire alarm response costs and/or fees.
(a) An Alarm Originator shall be responsible for all costs incurred by the Fire Department in responding to a False Fire Alarm at the Alarm Originator’s premises. Following the False Fire Alarm, the Fire Department shall send a bill and/or invoice to the Alarm Originator for the False Fire Alarm Response Costs and/or Fees. All False Fire Alarm Response Costs and/or Fees shall be due and payable within thirty (30) calendar days of the billing and/or invoice date.
(b) The activation of an alarm system during the course of maintenance and/or repair of the alarm system shall not be considered a false alarm, and no false alarm bill and/or invoice will be sent to the Alarm Originator; provided, that the person, business, corporation or firm performing the maintenance and/or repair has, prior to performing the maintenance or repair, notified the Fire Department that said maintenance and/or repair would be undertaken.
(c) Fees shall be established upon recommendation of the Fire Chief and the Finance Director by resolution of the city council during adoption of the annual budget, and may be amended from time to time and shall take into consideration:
(1) Charges reflect person (local hourly rate, fringe benefits, turnout gear, etc.); apparatus (replacement cost, fuel, maintenance, etc.); and administrative costs (incident command, billing and/or invoice fee, communications, etc.)
(2) Expendable items (i.e., foam, first aid supplies, etc.) will be included, at replacement costs, in billing and/or invoice.
(3) A minimum charge of one (1) hour, for each apparatus responding to an incident, will be assessed. Subsequent time will be billed per apparatus, in one-hour increments.
(4) Charges to users will be based upon total Fire Department apparatus, equipment, and personnel responding to a False Alarm.
(Ord. No. 2198, § 1, 7-12-07; Ord. No. 2252, § 1, 3-27-12)
62-37 Procedure for appealing billing and/or invoice for false fire alarm response costs and/or fees.
Any Alarm Originator who receives a bill and/or invoice for False Fire Alarm Response Costs and/or Fees shall have an opportunity to meet with the Fire Chief or his or her designee to request a modification of the False Fire Alarm Response Costs and/or Fees. A fee may only be modified if the alarm system was activated by an act of God or a disruption of electricity. The Alarm Originator shall request in writing such meeting within seven (7) calendar days of the date of the bill and/or invoice assessing the costs and/or fees.
(Ord. No. 2252, § 1, 3-27-12)
62-38 Effect of Payment.
The payment of False Fire Alarm Response Costs and/or Fees shall not be construed to contravene, enlarge, or reduce any civil or criminal liability of the person billed for the actual costs of responding to the false alarm under applicable local, state or federal law.
(Ord. No. 2198, § 1, 7-12-07; Ord. No. 2252, § 1, 3-27-12)
62-39 Action to recover costs.
In the event that the Alarm Originator fails to make payment to the Fire Department for the False Fire Alarm Response Costs and/or Fees within thirty (30) calendar days, the Fire Department may initiate legal action in the appropriate Court to recover the False Fire Alarm Response Costs and/or Fees due and owing, including reasonable attorney fees and costs or the Fire Chief may request that the City Treasurer place a lien on the parcel in question, with such charges placed on the next available tax roll.
(Ord. No. 2198, § 1, 7-12-07; Ord. No. 2252, § 1, 3-27-12)