Village of New Haven, MI
Macomb County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Council of the Village of New Haven as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 160.
Electrical standards — See Ch. 230.
Mechanical standards — See Ch. 345.
Plumbing standards — See Ch. 394.
[Adopted 4-14-1992 by Ord. No. 224]

§ 258-1 Adoption of National Fire Code.

The BOCA National Fire Prevention Code/1990, together with Appendixes A and B thereof, as recommended and maintained by the active membership of the Building Officials and Code Administrators International, Inc., which maintains offices at 17926 South Halsted Street, Homewood, Illinois 60430, is hereby adopted and incorporated in its entirety herein, except for those deletions and additions set forth in § 258-2 hereinbelow. References in the BOCA National Fire Prevention Code/1990 and the appendixes to the "state" shall refer to the State of Michigan. References to the "name of the municipality" shall refer to the Village of New Haven, Macomb County, Michigan. References to the "local ordinances" shall refer to the Village of New Haven ordinances as are from time to time in effect. The purpose of the BOCA National Fire Prevention Code/1990 is to prescribe minimum requirements and controls to safeguard life, property or public welfare from the hazards of fire and explosion arising from the storage, handling or use of substances, materials or devices and from conditions hazardous to life, property or public welfare in the use or occupancy of buildings, structures, sheds, tents, lots or premises. All matters within the intent of this code not covered by this code shall comply with the referenced standards listed in Appendixes A and B.

§ 258-2 Availability of copies of code.

Printed copies of the BOCA National Fire Prevention Code/1990 and Appendixes A and B are kept in the Village of New Haven offices, 58725 Havenridge, New Haven, Michigan 48048, and are available for public use and inspection during regular business hours.

§ 258-3 Amendments and deletions.

The following sections of the BOCA National Fire Prevention Code/1990, as amended, shall be deleted and/or amended:
Deletions:
Section F-101.5
Section F-2000.2
Section 303.2
Section F-2100.2
Section 305.2
Section F-2105.1
Section 316.2
Section F-2106.1
Section F-800.2
Section F-2106.7
Section F-900.2
Section F-2300.2
Section F-1000.2
Section F-2400.2
Section F-1100.2
Section F-2500.2
Section F-1200.2
Section F-2600.2
Section F-1300.2
Section F-2800.3
Section F-1400.2
Section F-2800.4
Section F-1500.2
Section F-2900.2
Section F-1600.2
Section F-3000.2
Section F-1700.2
Section F-3100.2
Section F-1800.2
Section F-3200.2
Section F-3300.2

§ 258-4 Amendatory language.

A. 
Section F-101.4 shall be amended to read as follows:
F-101.4 Applicability of other laws: Nothing in this code shall be construed, interpreted or applied to abrogate, nullify or abolish any law, ordinance or code adopted by the jurisdiction governing the construction, alteration, addition, repair, removal, demolition, use, location, occupancy or maintenance of buildings specifically provided herein. When any provision of this code is found to be in conflict with any building, zoning, safety, health or other applicable law, ordinance or code of the jurisdiction existing on the effective date of this code or hereafter adopted, the provision which established the higher standard for the promotion and protection of the safety and welfare of the public shall prevail. In the event of any conflict between the BOCA National Fire Prevention Code and NFPA #101 Life Safety or any of the codes, standards or recommended practices of the National Fire Protection Association hereinbefore adopted, the provision which establishes the higher standard for the promotion and protection of the safety and welfare of the public shall prevail. In the event any conflict exists between this code and any law, ordinance, code, provision or standard or recommended practice, which conflict is not resolved by the terms of this section, the building official and the fire official shall determine which code shall be applicable.
B. 
Section F-112.1 shall be amended to read as follows:
F-112.1 Application for appeal: Any person shall have the right to appeal a decision of the code official to the board of appeals. An application for appeal shall be based on a claim that the true 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 equally good or better method of fire prevention is used. The application shall be filed on a form obtained from the code official within 20 days after the notice was served. A fee of $80 is required for an appeal.
C. 
Section F-313.1 shall be amended to read as follows:
F-313.1 Designation: The code official shall require and designate public or private fire lanes as deemed necessary for the efficient and effective use of fire apparatus. Fire lanes shall have a minimum unobstructed width of 20 feet (6,096 mm).
D. 
Section F-318.2 shall be amended to read as follows:
F-318.2 Fire Department access: Fire Department access shall be provided and maintained to all buildings undergoing construction, alteration or demolition. Fire Department access roadways shall be of an approved surface material capable of providing emergency vehicle access and support at all times. Fire Department access roadways shall be a minimum of 20 feet (6,096 mm) in unobstructed width. The access roadways shall provide a minimum turning radius capable of accommodating the largest fire apparatus of the jurisdiction and a minimum vertical clearance of 13 feet six inches (4,115 mm).
E. 
Article 27 of the BOCA National Fire Prevention Code/1990 is hereby repealed and the following substituted therefor:
Article 27, Chapter XXXIX of the Michigan Penal Code, Act 328, Public Acts of 1931, as amended, specifically MCLA §§ 750.243a through 750.243e, shall control the subject of fireworks and the use thereof within the Village of New Haven, Macomb County, Michigan.

§ 258-5 Adoption of Life Safety Code.

A. 
Except for Chapter 22, entitled “One- and Two-Family Dwellings,” the National Fire Protection Association 101 Life Safety Code, 1991 Edition, promulgated by the National Fire Protection Association which maintains offices in Batterymarch Park, Quincy, Massachusetts 02269, is hereby adopted and incorporated in its entirety herein.
B. 
The purpose of the National Fire Protection Association 101 Life Safety Code, 1991 Edition, is as follows:
(1) 
The purpose of this code is to establish minimum requirements that will provide a reasonable degree of safety from fire in buildings and structures.
(2) 
The code endeavors to avoid requirements that might involve unreasonable hardships or unnecessary inconvenience or interference with the normal use and occupancy of a building but insists upon compliance with a minimum standard for fire safety consistent with the public interest.
[Adopted 1-13-2011 by Ord. No. 309]

§ 258-6 Amendments.

This article shall be known and cited as the "Village of New Haven/Rescue Call Cost Recovery Ordinance."

§ 258-7 Purpose.

The purpose of this article is to provide financial assistance to the Village in the operation of a fire department from those receiving direct benefits from the fire protection service and to provide recovery for emergency costs. A significant number of fire/rescue incidents in the Village involve acts by nonresident individuals, contractors and/or tax-exempt facilities. There is an increased demand for fire rescue services beyond regular firefighting, requiring additional training, certification, licensure and specialized equipment. As a result, the Village finds that a greater operational and financial burden is now placed on the Village's fire department by the actions of and demands for service from non-tax-paying entities. A further burden is now placed on the Village's fire department from drivers, operating a vehicle while under the influence of intoxicants or a controlled substances, who are more likely to cause personal injury or property damage and require fire/rescue services. This article is necessary to recover such increased emergency response costs.

§ 258-8 Enabling authority.

This article is adopted pursuant to, and in accordance with, Public Act 33 of 1951, as amended [Michigan Compiled Law § 41.806(a) et seq.].