There is hereby adopted by the City, for the purpose of prescribing
regulations governing conditions hazardous to life and property from
fire or explosion, that certain code known as the NFPA Fire Prevention
Code, particularly the 1997 Edition, as amended, thereof and the whole
thereof, as published by the National Fire Protection Association
and except for such portions as are deleted, modified or amended in
this article.
There is hereby adopted by the City, for the purpose of prescribing
regulations governing conditions hazardous to life and safety, that
a certain code known as the Life Safety Code 101, particularly the
2000 Edition, as published by the National Fire Protection Association.
The 1998 National Fire Protection Codes, as amended, shall be
adopted for use by reference.
(a)
The Chief of the Fire Department shall have power to recommend modification of any of the provisions of the Fire Prevention Codes and standards adopted in Section 30-141 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 such codes and standards, provided that the spirit of such codes and standards shall be observed, public safety secured, and substantial justice done. The particulars of such recommended modification shall be entered upon the records of the Department and a copy signed by the Chief of the Fire Department shall be furnished to the applicant and the City Council. Such modification shall be granted unless a majority of the City Council shall file with the Mayor within such time written objection to the granting of such modification.
(b)
The Chief of the Fire Department shall from time to time determine and recommend to the City Council for inclusion in the Fire Prevention Codes and standards adopted in Section 30-141 any new materials, processes or occupancies for which permits shall be required in addition to those now enumerated therein.
Any person who shall violate any of the provisions of the Fire Prevention Codes and standards adopted in Section 30-141 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 City Council or by a court of competent jurisdiction, within the time fixed therein, shall severally for each and every such violation and noncompliance respectively be punishable as provided in Section 1-12. The imposition of one penalty 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, and, when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
Whenever the Chief of the Fire Department shall disapprove an
application or refuse to grant a permit applied for, or when it is
claimed that the provisions of the fire prevention codes and standards
adopted in this article do not apply or that the true intent and meaning
of such codes and standards have been misconstrued or wrongly interpreted,
the applicant may appeal from the decision of the Chief of the Fire
Department to the City Council within 10 days from the decision of
the Chief of the Fire Department. The City Council may reverse the
decision of the Chief of the Fire Department and permit exceptions
to or variances from the specific provisions of the fire prevention
codes and standards in cases where the enforcement of the provisions
of such codes and standards would result in undue hardship, subject
always to the rule that the City Council shall give due consideration
to the purposes of the fire prevention code in promoting public health,
safety and welfare.
(a)
Purpose. Fire lanes are established for the purpose of promoting
the public health, safety and welfare by recognizing that there exist,
and will in the future exist, buildings and other areas within the
City within which and to which the public will be invited, served
or housed. These buildings or other areas must be provided prompt,
adequate emergency services, including access by fire fighters and
firefighting equipment and other emergency personnel and equipment,
in order to accomplish such purposes and effect the saving of life
and property in emergency situations.
(b)
Applicability. The provisions of this article shall, in order to
accomplish the stated purpose, be applicable to all proposed developments,
subdivisions, buildings and other premises as defined by the Planning
Board; or, in any other areas within the City that the Fire Chief
deems access to public land is necessary in order to accomplish its
mission.
[Amended 12-6-2022 by Ord. No. 2022.98]
(c)
Establishment of fire lanes.
(1)
Each application for residential or nonresidential subdivision
approval and each application for site plan review submitted to the
Planning Board shall be reviewed by the Chief of the Fire Department
and/or the State Fire Marshal within which such development or building
is located. The Fire Chief and/or Fire Marshal shall review each such
application to determine the location of such fire lanes as are necessary
and report his finding, recommendations and suggested designation
of fire lanes to the Planning Board, in writing, which findings, recommendations
and suggested designations of fire lanes shall be made a part of the
record of proceedings before the Planning Board on each such subdivision
site plan review application. In such cases, the decision of the Planning
Board shall govern the requirement and designation of such fire lanes.
(2)
Within existing developments and premises to which this article
is applicable, the Fire Chief shall designate fire lanes by written
order and shall notify in writing both the Planning Board and the
owner, owners or agents of such development or premises by certified
mail of such designation and of any specific requirements for compliance
with this article, and shall publish notice of such establishment
of such fire lanes once in a newspaper having general circulation
within the City. The Fire Chief shall file one copy of any order of
designation of any such fire lanes with the City Clerk. Any person
aggrieved by such order may file with the Clerk within 30 days after
the date of the receipt of such order written notice of appeal, setting
forth therein reasons for aggrievement. A public hearing shall be
held by the Planning Board, after which the board must affirm, modify
or rescind such order within 30 days of the public hearing. The Board
shall notify the Fire Chief, as may be applicable, by written communication,
any and all action taken relative to the establishment of a fire lane.
(3)
Excepting any fire lane ordered by the Planning Board, a person aggrieved by the creation of a fire lane otherwise designated within this section may file a written appeal. Said appeal shall be consistent with § 30-147(c)(2) above, excepting that the appeal shall be filed with the City Manager or their official designee.
[Added 12-6-2022 by Ord. No. 2022.98]
(4)
Fire Department access roads require 20 feet of unobstructed width,
13.5 feet of unobstructed vertical clearance and an appropriate radius
for turns in the roads and dead ends for the vehicles apparatus to
turn around.
[Added 12-6-2022 by Ord. No. 2022.98]
(d)
Compliance. Notice of establishment of fire lanes shall prescribe a reasonable time for compliance, such compliance time being 30 days from time of notification by certified mail. If compliance is not obtained within such time, then the owner, owners or agents receiving such notice shall be subject to a fine in accordance with Section 1-12. Each day following such specified time for compliance shall constitute a new and separate violation.
(e)
Parking prohibited; notice of violation; towing of vehicles.
(1)
No person shall park or permit to stand unattended a motor vehicle
in any fire lane established in accordance with this article, except
when actually picking up or discharging passengers or actively engaged
in loading or unloading a motor vehicle.
(2)
Whenever any vehicle is found parked in violation of this section,
any police officer or parking enforcement official shall attach to
such vehicle a notice to the owner or operator thereof that such vehicle
has been parked in violation of these regulations. Any motor vehicle
found parked or standing in a fire lane that has been established
in accordance with this article, in addition to the foregoing, may
be towed upon the direction of a police officer or parking enforcement
official to any public or private parking facility or area; and all
expense of such towing and any subsequent storage shall be borne by
the registered owner or operator of such vehicle.
[Amended 12-6-2022 by Ord. No. 2022.98]
(a)
Required in residential property. All residential properties shall
have smoke detectors.
(b)
Location. The location of smoke detectors shall be outside of sleeping
areas and in stairways leading to occupied areas.
(c)
Installation. Smoke detectors are to be installed in such a way as
to ensure that rising smoke is not obstructed in reaching the detectors
and that the detectors intercept rising smoke before it reaches the
sleeping area.
(d)
Detectors to be battery operated or hard wired. Detectors in existing
buildings shall be battery operated or hard wired.
(e)
Wiring for new and remodeled buildings. New buildings, or buildings
undergoing major remodeling, shall have hard wired smoke detectors.
(f)
Application of other laws and codes. Any state laws or local codes
more stringent than this article will apply.
(g)
Responsibility for installation and maintenance. It will be the smoke
detector owner's responsibility to install and maintain these detectors.
(h)
Penalty for violation of article; grace period. Any person in violation
of this article shall be fined $100 for each day of violation. A five-day
grace period will take effect from the date the Fire Chief's notice
is sent, and such fine will then be imposed from that date.
(i)
Notice of inspection. The Fire Chief or his designate may, upon reasonable
notice to the owner or occupant, enter any dwelling unit for purposes
of determining compliance with this article. Such notice shall precede
the inspection by at least five days and shall be in writing delivered
by ordinary mail to the owner of such dwelling unit, if such unit
is owner-occupied, or to the occupant. Any such inspection shall be
between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday,
unless another time is requested by the owner or occupant. The failure
of an owner or occupant to allow access for purpose of inspection
to any dwelling unit after having been given the notice as provided
in this section shall constitute a violation of this article, and
shall be subject to the penalties provided in this article. Each day
such violation exists shall be deemed a separate violation.
