[HISTORY: Adopted by the Township Board of the Charter Township of Oakland as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-13-2009 by Ord. No. 63-2008A (Ch. 8, Art. II, of the 2007 Code of Ordinances)]
The International Fire Code, 2006 Edition, including Appendix Chapters A, B, C, D, E and G, as published by the International Code Council, is hereby adopted by reference as an ordinance of the Charter Township of Oakland, with the amendments provided in § 203-2; and each and all of the regulations, provisions, conditions, and terms of such International Fire Code on file in the offices of the Charter Township of Oakland, are hereby referred to, adopted and made a part hereof as if fully set out in this article.
The following sections of the code adopted in § 203-1 are amended, deleted or clarified in the manner indicated.
Section 101.1 is amended to read as follows:
101.1 Title. These regulations shall be known as the "Fire Prevention Code Ordinance of the Charter Township of Oakland," hereinafter referred to as "this code."
Section 105.1.2 is amended to read as follows:
105.1.2 Construction permit. A construction permit allows the applicant to install or modify systems and equipment for which a permit is required by Section 105.7.
Section 105.6 is deleted in its entirety.
Sections 105.7.1, 105.7.4, 105.7.5, 105.7.6, 105.7.8, 105.7.9, 105.7.10, 105.7.11, and 105.7.12 are deleted. The balance of Section 105.7 remains unaffected.
Section 109.3 is amended to read as follows:
109.3 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable of a fine of not more than $500 or by imprisonment not exceeding 90 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
Section 111.4 is amended to read as follows:
111.4 Failure to comply. Any person who shall continue any work after having been served with a stop-work order, except such work as that person is directed by the Code Official to perform to remove a violation or unsafe condition, shall be guilty of a misdemeanor violation of this code punishable in the same manner as set forth in Section 109.3.
Section 302.1 is amended to read as follows:
302.1 Definitions. The following words and terms shall, for the purposes of this article and as used elsewhere in this code, have the meanings shown herein.
BONFIRE. An outdoor fire utilized for ceremonial purposes.
HI-BOY. A cart used to transport hot roofing materials on a roof.
POWERED INDUSTRIAL TRUCK. A forklift, tractor, platform lift truck or motorized hand truck powered by an electrical motor or internal combustion engine. Powered industrial trucks do not include farm vehicles or automotive vehicles for highway use.
Section 502.1 is amended by adding the definitions of "driveway," "gate" and "private street," and amending the definition of "key box," to read as follows:
DRIVEWAY. A private street or drive that provides a means of vehicle access to one building.
GATE. Any movable fence, door, bar, gate, or other form of full or partial blockable barrier or obstruction on or off a driveway, private street or fire apparatus access road that is designed, used, intended for or has the effect of prohibiting, limiting, controlling or restricting vehicle or pedestrian access to the buildings or premises served by the driveway, private street or fire apparatus access road.
KEY BOX. A device or container that has been approved by the Code Official for purposes of compliance with Section 506, that contains or may be operated with a key that is only accessible to or possessed by the jurisdiction's Fire Department to use when immediate access to a premises or building by Fire Department, police or emergency medical personnel is necessary to respond to or verify the existence of a fire or other emergency.
PRIVATE STREET. An area of land that is not owned, maintained or required to be open to the public that provides a means of vehicle access to more than one building.
Section 506 is amended, in its entirety, to read as follows:
FIRE DEPARTMENT ACCESS
506.1 Road and driveway obstructions prohibited. Except for gates equipped with a key box and those which are under the immediate and continuous (24 hours a day, seven days a week) control of one or more persons with the authority and ability to move the gate to allow immediate access by police, fire or emergency medical vehicles and personnel, all driveways, private streets and fire apparatus roads shall be maintained free from any and all natural or man-made obstructions, encroachments and objects of any kind that would in any way interfere with Fire Department, police or emergency medical access to the buildings served by the driveway or private road.
506.2 Key boxes required. Key boxes shall be provided and maintained in good working order for premises and buildings in the following situations:
506.2.1 New buildings. All new commercial, business, office, industrial and other nonresidential buildings shall be equipped with a key box prior to any use or occupancy or issuance of any certificate of occupancy.
506.2.2 Existing buildings. Existing commercial, business, office, industrial and other nonresidential buildings, and those for which a building permit has been issued, shall be equipped with a key box within one year of the effective date of the ordinance which added this section.
506.2.3 Existing premises. Gates shall be equipped with key boxes within one year of the effective date of the ordinance amendment that first added this requirement to Ordinance No. 63 (originally amended October 13, 1998, to add this requirement).
506.3 Key box location. Key boxes shall be located on or in the immediate vicinity of the gate or entrance to the building for which it is required so as to be readily visible and accessible to the Fire Department, with the Code Official to approve all locations prior to installation.
506.4 Key box alarms. For buildings having or required to have a central station, proprietary or remove-station fire protective signaling (alarm) system, any key box required shall include a tamper switch or device that produces and transmits a tamper signal to the supervising alarm company if the box is opened, attempted to be opened or otherwise tampered with.
506.5 Approved key boxes. No key box will satisfy or comply with the requirements of this Section 506 unless, prior to its purchase and installation, it is approved by the Code Official, who will give that approval in written form by providing the key box applicant with the application form necessary to acquire a key box that will satisfy the requirements of this section.
506.6 Damage and tampering prohibited. It shall be unlawful for any person to damage, destroy or tamper with a key box, with violations punishable as provided in Section 109.3, with the violator(s) also responsible for making restitution to the owner of the key box for repair or replacement cost resulting from the damage, destruction or tampering.
Section 2703.3.1.4 is amended to read as follows:
[Added 7-28-2009 by Ord. No. 63-2009A]
2703.3.1.4 Responsibility for cleanup. The person, firm or corporation responsible for an unauthorized discharge shall institute and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, at no cost to the Township. When deemed necessary by the Fire Code Official, cleanup may be initiated by the Fire Department or by an authorized individual or firm. The liability for and recovery of costs of the cleanup shall be governed by the Michigan Natural Resources and Environmental Protection Act (MCLA § 324.20101 et seq.) or any other that law preempts the cost recovery provisions of this article, and the Township may pursue collection of such costs of the cleanup in a civil action, pursuant to said laws.
Editor's Note: See Ch. also 190, Emergency Response Cost Recovery.
The limits referred to in Sections 318.104.22.168, 3404.2.9.5.2, 3406.2.4.4 and 3804.2 are hereby established as being the amounts that are permitted by the applicable regulations of the Michigan Department of Transportation, as they may be amended from time to time.
Section 3308 is deleted in its entirety. Fireworks displays are subject to regulation by other Michigan law.
The text of Appendix Chapter B is replaced by the following reference: "The fire flow requirements for buildings are provided in the Township Engineering Design Standards adopted May 23, 1978, as they may be amended from time to time."
The text of Appendix Chapter C is replaced by the following reference: "The requirements for fire hydrant locations and distribution are provided in the Township Engineering Design Standards adopted May 23, 1978, as they may be amended from time to time."
Appendix Chapter F is not applicable in the Township and is deleted.