[HISTORY: Adopted by the Township Board of the Charter Township
of Cascade as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-27-2002 by Ord. No. 4-2002]
Pursuant to the provisions of this Section 8a and 8b of the
Act, Cascade Charter Township (the "Township") hereby adopts by reference
the Construction Code. The Township assumes responsibility for the
administration and enforcement of the Construction Code and the Act
within the Township.
A.
ACT
CONSTRUCTION CODE
For purposes of this article, the following words, terms and phrases
shall have the meaning ascribed to them in this section:
The State Construction Code Act, as amended (Act No. 230
of the Public Acts of Michigan of 1972, as amended, being MCLA § 125.1501
et seq.)
The State Construction Code promulgated from time to time
by the Director of the Department of Consumer and Industry Services
pursuant to Section 4 of the Act[1] consisting of the Michigan Building Code, the Michigan
Residential Code, the Michigan Uniform Energy Code, the Michigan Electrical
Code, the Michigan Mechanical Code and the Michigan Plumbing Code.
[1]
Editor's Note: See MCLA § 125.1504.
B.
The Building Official shall be the enforcing agency of the Construction
Code within the Township pursuant to the Act, shall be responsible
for the administration and enforcement of the Construction Code and
the Act, and shall be responsible for reviewing permit applications
and issuing permits pursuant to the Construction Code.
C.
References
in the Construction Code to "jurisdiction" and "name of jurisdiction"
shall mean the Township. References in the Construction Code to Building
Official, Code Official, Electrical Inspector, Mechanical Inspector,
and Plumbing Inspector shall mean the employees of Cascade Charter
Township.
Any person, firm or corporation who violates any provision of
the Construction Code or Act is responsible for a municipal civil
infraction, subject to payment of a civil fine of not less than $100,
plus costs and other sanctions, for each infraction (as authorized
by Section 21 of Act 359 of the Public Acts of 1947, as amended,[2] and the Charter Township of Cascade Municipal Civil Infraction
Ordinance). Repeat offenses shall be subject to the increased fines
as provided by this section. As used in this section, "repeat offense"
means a second or any subsequent violation of the same requirement
or provision of the Construction Code or the Act committed by a person
within any ninety-day period and for which the person admits responsibility
or is determined to be responsible. The increased fine for a repeat
offense under the Construction Code or the Act shall be as follows:
A.
The fine for any offense which is a repeat offense shall be not less
than $250, plus costs.
B.
The fine for any offense which is a second repeat offense, or any
subsequent repeat offense, shall be not less than $500 each, plus
costs.
C.
Each day on which any violation of the Construction Code or the Act
occurs or continues constitutes a separate offense subject to separate
sanctions. The Township's Building Official is hereby designated
as the authorized official to issue municipal civil infraction citations
for violations of the Construction Code or Act.
A.
Pursuant to Section 14 of the Act,[1] the Township hereby establishes a Construction Code Board
of Appeals consisting of not less than three nor more than seven members,
appointed by the Township Board. A member of the Township Board of
Appeals shall be qualified by experience or training to perform the
duties of members of the Township Board of Appeals. The term of members
of the Township Board of Appeals shall be three years.
[1]
Editor's Note: See MCLA § 125.1514.
B.
If the Building Official refuses to grant an application for a building
permit, or makes any other decision pursuant or related to the Act
or the Construction Code, an interested person, or the person's authorized
agent, may appeal in writing to the Board of Appeals. An application
for appeal shall be based on a claim that the true intent of the Construction
Code or the rules governing construction have been incorrectly interpreted,
the provisions of the Construction Code do not fully apply, or an
equally good or better form of construction is proposed.
C.
When an appeal is made, notice of the hearing before the Board of
Appeals shall be given according to applicable state or local law.
The Board of Appeals shall hear the appeal and render and file its
decision with a statement of reasons for the decision with the enforcing
agency from whom the appeal was taken not more than 30 days after
submission of the appeal. Failure by the Board of Appeals to hear
an appeal and file a decision within the time limit is a denial of
the appeal for purposes of authorizing the institution of an appeal
to the State Construction Code Commission. A copy of the decision
and statement of the reasons for the decision shall be delivered or
mailed, before filing, to the party taking the appeal.
The code official responsible for the administration and enforcement
of the Construction Code and the Act shall be the Building Official
of Cascade Charter Township.
The Building Official shall keep a reasonable and comprehensive
record of all permits issued by him/her and of all orders and other
acts made and taken by him/her, either by keeping a copy thereof or
an accurate statement thereof, which records shall at all times be
available to the officials of the Township. He/she shall keep an account
of all fees and other monies collected and received by him/her as
such official and the names of the persons from whom such monies were
obtained and the date thereof.
[Amended 10-24-2012 by Ord. No. 7-2012]
The fee for any permit issued pursuant to the Construction Code
shall be established by resolution of the Township Board pursuant
to Section 22 of the Act.[1] No permit shall be issued unless such fee has been paid
to the Township Treasurer.
[1]
Editor's Note: See MCLA § 125.1522.
It shall be unlawful for any person to demolish, erect, construct,
enlarge, alter, repair, improve, convert, equip, use, occupy, maintain
or move into or within the Township any building or structure contrary
to or in violation of any of the provisions of this article, the Act
or Construction Code, or to refuse to fail to obtain such permit,
unless written consent shall have been given by the Building Official
to the modification of such plan and drawings.
If any provision of the Construction Code conflicts with any
provision of the Township's Zoning Ordinance, as amended from
time to time, the most stringent provision shall control.
[Adopted 7-12-2017 by Ord. No. 5-2017[1]]
[1]
Editor’s Note: This ordinance also repealed former Art.
II, Fire Prevention Standards, adopted 11-5-2014 by Ord. No. 9-2014.
A certain document, two copies of which are on file in the office of the Cascade Charter Township Fire Department Administrative Offices, being marked and designated as the International Fire Code, 2015 Edition, including Appendices B, C, D, E, F, G, H, I, J, K, L, and M, as published by the International Code Council, be and is hereby adopted as the Fire Code of the Cascade Charter Township in the State of Michigan regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances, materials, and devices and from conditions hazardous to life and property in the occupancies of buildings and premises as herein provided; and each and all of the regulations, provisions, conditions, and terms of the said Fire Code on file in the office of the Cascade Charter Township are hereby referred to, adopted and made part hereof, as if fully set out in this article, with the additions, insertions, deletions, and changes, if any, prescribed in § 155-11 of this article.
The following sections and subsections of the International
Fire Code, 2015 Edition, are hereby amended, or deleted, and additional
sections, subsections, and items are added as indicated. Subsequent
section numbers used in this section shall refer to the like-numbered
sections of the International Fire Code, 2015 Edition.
A.
Section 101.1 Title. These regulations shall be known
as the "Cascade Charter Township Fire Prevention Code," hereinafter
referred to as "this code."
B.
Section 104.11.4 Unlawful boarding or tampering with Fire Department
emergency equipment. Without proper authorization from the
Fire Chief or officer of the Fire Department in charge of the emergency
equipment, no person shall cling to, attach to, climb upon or into,
board, or swing upon any Fire Department vehicle, operate any emergency
warning equipment, or any equipment or protective clothing on, or
part of, any Fire Department vehicle.
C.
Section 105 Permits. Delete.
D.
Section 109.4 Violation penalties. Any person, firm,
corporation, trust, partnership, agent thereof, or other legal entity
that violates or refuses to comply with any provisions of this code,
or erects, installs, alters, repairs or does work in violation of
the approved construction documents or directives of the Fire Code
Official, or of a permit or certificate used under the provisions
of this code shall be guilty of a misdemeanor, punishable by a fine
of not more than $500 or imprisonment not exceeding 90 days in jail,
or both; or the Fire Code Official is authorized to request legal
counsel of the jurisdiction to institute the appropriate legal proceedings
at law or in equity to restrain, correct or abate such violation or
to require removal or termination of the unlawful occupancy of the
structure in violation of the provisions of this code or of the order
or discretion made pursuant hereto. Each day that the violation continues
after due notice has been served shall be deemed a separate offense.
(1)
109.4.1 Abatement of violation. In addition to the imposition
of the penalties herein described, the Fire Code Official is authorized
to institute appropriate action to prevent unlawful construction or
to restrain, correct or abate a violation; or to prevent illegal occupancy
of a structure or premises; or to stop an illegal act, conduct of
business or occupancy of a structure on or about any premises. The
Kent County Sheriff's Department shall be requested by the Fire
Code Official to make arrests for an offense of this code or orders
of the Fire Code Official affecting the immediate safety of the public.
E.
Section 111.4 Failure to comply. Any person, firm, corporation,
trust, partnership, agent thereof, or other legal entity 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 and
be issued a criminal misdemeanor ticket, punishable by a fine of not
more that $500 or imprisonment not exceeding 90 days, or both. Each
day that the violation continues after due notice has been served
shall be deemed a separate offense.
F.
Section 113 Fees. Delete.
G.
Section 307. Open Burning, Recreational Fires, and Portable
Outdoor Fireplaces. Delete.
H.
Section 503.2.3 Surface. Fire apparatus access roads
shall be designed and maintained to support the imposed loads of fire
apparatus and shall be paved with concrete, asphalt or other approved
driving surface capable of supporting the imposed load of the fire
apparatus weighing at least 75,000 pounds.
I.
507.5.1 Hydrants. Where a portion of the facility or
building constructed, reconstructed or moved into or within the jurisdiction
is more than 300 feet from a fire hydrant on a public street or fire
access road, as measured by an approved route around the exterior
of the facility or building, supplemental on-site fire hydrants shall
be provided at least every 300 feet in commercial/industrial areas
and at least every 400 feet in residential areas where required by
the Fire Code Official. Hydrants and their installation shall meet
the type and specifications of the Grand Rapids Water Department.
Supplemental (private) hydrants shall consist of water mains not less
than six inches in diameter, shall be "looped," and dedicated to the
public use of the City and its water system. All public and supplemental
(private) hydrants shall be situated immediately adjacent to and not
more than 20 feet from a public or private access road. Hydrants shall
be safety red in color for supplemental (private) hydrants, and safety
yellow for public/municipal hydrants.
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Exceptions:
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1.
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For Group R-3 and Group U occupancies, the distance requirements
shall be 400 feet.
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2.
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For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2, the distance requirement shall be 400 feet.
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J.
The geographic limits referred to in certain sections of the 2015
International Fire Code are hereby established as follows:
(1)
Section 5704.2.9.6.1 Locations where aboveground tanks are
prohibited. Storage of Class I and II liquids in aboveground
tanks outside of buildings is prohibited in all residential zoning
districts, as depicted in the Cascade Charter Township Zoning Ordinance
Map.
(2)
Section 5706.2.4.4 Locations where aboveground tanks are prohibited. The storage of Class I and II liquids in aboveground tanks is prohibited
in all residential zoning districts, as depicted in the Cascade Charter
Township Zoning Ordinance Map.
(3)
Section 5806.2 Limitations. Storage of flammable cryogenic
fluids in stationary containers is prohibited in all residential zoning
districts, as depicted in the Cascade Charter Township Ordinance Map.
(4)
Section 6104.2 Maximum capacity within established limits. The storage of liquefied petroleum gas is restricted for the protection
of heavily populated or congested areas, and the aggregate capacity
of any one installation shall not exceed a water capacity of 2,000
gallons in all residential districts, as depicted in the Cascade Charter
Township Zoning Ordinance Map.
K.
Appendix C. Amend the following sections:
(1)
C102.1 Fire Hydrant Locations. Fire hydrants shall be
provided along required fire apparatus access roads and adjacent to
public and private streets. All public and supplemental (private)
hydrants shall be situated immediately adjacent to and not more than
20 feet from a public or private access road. Hydrants shall be red
in color for supplemental (private) hydrants, and yellow for public/municipal
hydrants.
(2)
C103.1 Fire hydrants available. The minimum number of
fire hydrants available for required fire flow shall not be less than
listed in Table C105.1. The number of fire hydrants available to a
complex or subdivision shall not be less than the spacing requirements
listed in Table C105.1 with a maximum spacing of 300 feet in a commercial/industrial
area or 400 feet in a residential area as they are applied to the
fire apparatus roads and perimeter public streets from which fire
operations could be conducted.
(3)
C105.1 Hydrant spacing. The average hydrant spacing
shall not exceed 300 feet in a commercial/industrial area or 400 feet
in a residential area.
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Exception: The Fire Code Official is authorized
to accept a deficiency of up to 10% where existing provide all or
a portion of the required fire hydrant service. Regardless of the
average spacing, fire hydrants shall be located such that all points
on streets and access roads adjacent to a building are within the
distances listed above.
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L.
Appendix D. Amend the following sections:
(1)
D103.2 Grade. Fire apparatus access roads shall not
exceed 6% in grade. In no case shall a 6% grade extend more than 1,000
feet in length.
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Exception: Grades greater than 6% must be approved
by the Fire Code Official.
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(2)
D103.3 Turning radius. The minimum turning radius shall
be no less than 30 feet.
(3)
D107.1 One- or two-family dwelling residential developments. Developments of one- or two-family dwellings, where the number
of dwelling units exceeds 20, shall be provided with separate and
approved fire apparatus access roads and shall meet the requirements
of Section D104.3.
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Exception:
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1.
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Where there are more than 20 dwelling units on a single public
or private fire apparatus access road and all dwelling units are equipped
throughout with an approved automatic sprinkler system in accordance
with Sections 903.3.1.1, 903.3.1.2, 903.3.1.3 of the International
Fire Code, access from two directions shall not be required.
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