[HISTORY: Adopted by the Town Council of
the Town of Bar Harbor 10-2-1990 as Ch. 5 of the 1990 Code. Amendments
noted where applicable.]
[Amended 5-18-2004 by Ord. No. 2004-5; 2-18-2020 by Ord. No.
2020-02]
A.
Life Safety Code adopted. The 2018 edition of the NFPA 101 Life Safety
Code, as amended to avoid conflict with the Maine Uniform Building
and Energy Code and as published by the National Fire Protection Association,
is hereby adopted as the official Life Safety Code of the Town of
Bar Harbor. A copy of said code shall be kept on file in the office
of the Clerk of the Town of Bar Harbor.
[Amended 7-2-2020 by Ord. No. 2020-06]
(1)
Amendments. NFPA 101, Life Safety Code, 2018 edition, is adopted
in its published form as if fully set forth herein, with the following
amendments and exceptions:
(a)
Unvented fuel-fired heaters. Unvented fuel-fired heaters shall
not be used in a bedroom or bathroom or in a manufactured home.
(b)
Extinguishment requirements in one- and two-family dwellings.
Section 24.3.5.1 of NFPA 101, Life Safety Code, 2018 edition, is not
incorporated by reference.
(c)
Stair risers, guards, treads, and tread nosing. The following provisions of NFPA 101, Life Safety Code, 2018 edition, are modified as indicated: The maximum height of risers as prescribed in Chapter 24, Section 24.2.5, is modified to permit a maximum seven-and-three-quarter-inch riser for newly constructed stairs in one- and two-family dwellings only. The minimum height of guards as prescribed in Chapter 24, Section 24.2.5, is modified to permit a minimum guard height of 36 inches for newly constructed stairs in one- and two-family dwellings only. The minimum tread depth as prescribed in Chapter 24, Section 24.2.5, shall be amended to permit a ten-inch tread depth for newly constructed stairs in one- and two-family dwellings only. Tread nosing as prescribed in Chapter 7, Section 7.2.2.3.3.2, is modified to permit a nosing at least 3/4 inch but not more than 1 1/4 inches in depth for newly constructed one- and two-family dwellings. Nosings are not required where tread depth is not less than 11 inches.
(d)
Separated occupancies. Tables 6.1.14.4.1 Part 1 and 2, "Required
Separation of Occupancies (hours)," shall be cross referenced with
Table 508.4, "Required Separation of Occupancies," of the 2015 International
Building Code (IBC). Where separation requirements in the two tables
conflict, separation requirements set forth in the IBC table control.
(e)
Accessory occupancies. Chapter 6, Section 6.1.14.1.3, of NFPA
101, Life Safety Code, 2018 edition, is not incorporated. Section
508.2, Accessory Occupancies, of the 2015 International Building Code
governs.
(f)
Dead-end corridors. The following provisions of NFPA 101, Life Safety Code, 2018 edition, are modified as indicated: Chapter 18, Section 18.2.5.2, is modified to require dead-end corridors not to exceed 20 feet. Chapter 32, Section 32.3.2.5.4, is modified to require dead-end corridors not to exceed 50 feet. Chapter 42, Table 42.2.5, is modified to require that a dead-end corridor in an ordinary hazard storage occupancy protected by a sprinkler system not exceed 50 feet. A dead-end corridor in an ordinary hazard storage occupancy not protected by a sprinkler shall not exceed 20 feet.
(g)
Chapter 33.7.3.6. Add Section 19.7 shall apply in such instances.
B.
Fire Prevention Code adopted. In accordance with 30-A M.R.S.A. § 3003,
as amended, the NFPA 1, Uniform Fire Code, 2018 edition, as published
by the National Fire Protection Association, is hereby adopted as
the Fire Prevention Code of the Town of Bar Harbor. A copy of said
code shall be kept on file in the office of the Clerk of the Town
of Bar Harbor. Said code is hereby incorporated by reference as the
minimum standards for safeguarding life and property from the hazards
of fire and explosion arising from the storage, handling and use of
hazardous substances, materials and devices and from conditions hazardous
to life or property in the use or occupancy of buildings or premises.
[Amended 7-2-2020 by Ord. No. 2020-06]
(1)
Amendments. NFPA 1, Uniform Fire Code, 2018 Edition, is adopted in
its published form as if fully set forth herein, with the following
amendments and exceptions:
(a)
Chapter 13, Section 3.2.20.1, of NFPA 1, Uniform Fire Code,
2018 edition, is not incorporated.
(b)
Chapter 13, Section 3.2.3 shall be amended to read as follows:
Chapter 13, Section 3.2.3 New buildings housing emergency fire, rescue
or ambulance services shall be protected throughout by approved supervised
automatic sprinkler systems. Sprinklers shall be permitted to be omitted
from emergency fire, rescue or ambulance services that are storing
vehicles or equipment only and are not part of a multiple mixed occupancy.
C.
Penalty. The violation of any provision of said Fire
Prevention Code or Life Safety Code shall be punishable by a fine
of not more than $500 plus costs and/or imprisonment for not more
than six months. This penalty shall be deemed to be exclusive of any
other appropriate legal or equitable action. Each day any violation
of said code occurs or continues shall constitute a separate offense.
A.
Forest fires. It shall be the duty of the Council
at any time it considers a period of fire emergency exists to:
B.
Council action. The Council shall have the authority
to immediately put into effect the provision of this section by a
proclamation issued through any locally circulated newspaper, posters
or radio or television announcement.
A.
Burning permit required. It shall be unlawful for
any person or persons to burn or cause to be burned trash, lumber,
brush, leaves, straw, or any other combustible materials out of doors
within the limits of the Town of Bar Harbor without having a written
permit duly signed by the Fire Chief granting them this privilege.
B.
Thirty-six-hour limit. No person or persons shall
allow to remain longer than 36 hours in any alley or on any sidewalk
or premises, within 30 feet of any building, empty boxes, barrels,
rubbish, trash, wastepaper, excelsior, or other like combustible materials,
or open container of combustible liquid, or permit a hazardous accumulation
of rubbish or combustible material in any building.
C.
Ashes. No person or persons shall be allowed to place
ashes within any building in any box, barrel, or other wooden vessel
or upon any wooden vessel or floor.
D.
Adequate containers. No person shall keep or permit
to be kept on the premises any oily waste or oily rags, unless at
all times when not actually in use such oily waste and oily rags are
kept in a metal can with a self-closing cover and riveted joints,
standing on metal legs which raise the bottom of the container at
least five inches above combustible floors.
E.
Inspection allowed. All owners or occupants of buildings
are required to permit the Building Inspector or the Chief of the
Fire Department to inspect their buildings to determine whether or
not there is compliance with the provisions of this section. Such
inspections may be made whenever and wherever the Building Inspector
or Chief of the Fire Department may suspect a violation of the provisions
of this article.
A.
Oil burner standards. No oil-burning equipment and
no fuel storage tank to be used in connection therewith shall be installed,
maintained or used in the Town of Bar Harbor unless it shall conform
to the standards established by the Oil Burnermen's Licensing Board,
pursuant to the provisions of Chapter 33 of Title 32 of the Maine
Revised Statutes, as amended,[1] and with the standards herein prescribed, whichever shall
be higher. No such equipment or storage tank shall be installed, maintained
or used which shall be unsafe or which shall endanger life or property.
[1]
Editor's Note: See 32 M.R.S.A. § 2311
et seq.
B.
No installation to be made before application. No
person, firm or corporation shall install any such equipment or tank
without application for a certificate therefor having first been made
to the Chief of the Fire Department. Such application shall describe
the installation to be made, the name of the person, firm or corporation
making such installation, whether or not such installer is licensed
by the Oil Burnermen's Licensing Board, and such other matter as may
be required by the Chief. Application for such certificate shall be
in writing, signed either by the owner of the premises upon which
such equipment or tank is to be installed or by the person who shall
make such installation. The fee for such certificate shall be required
in an amount sufficient to cover the cost of the inspection hereinafter
required.
C.
Equipment not to be used before certificate issued.
After such equipment or tank has been installed, and within 48 hours
after notice therefor from the applicant, the Chief of the Fire Department
or a Fire Inspector shall inspect the same, and the Chief shall issue
such certificate upon being satisfied that such equipment and tank
and the installation thereof comply with the requirements of this
section. No person, firm or corporation shall use any such equipment
or tank, or maintain the same for more than four days after installation
of the same shall have been complete, unless a certificate for such
equipment or tank shall be in effect. Failure to inspect equipment
within the specified time shall constitute approval.
D.
No certificate required for existing installations. No certificate shall be required for the maintenance or use of any such equipment or tank where such equipment or tank was installed prior to the effective date of this chapter. All such equipment and tanks should conform to the standards set in Subsection A of this section.
E.
Revocation of certificate. If such equipment or tank should not comply with the standards set in Subsection A hereof, the Chief of the Fire Department should notify the installer and set forth wherein the installation does not meet the specifications of the standards. The installer shall have seven days after date of notification to comply with the standards set in Subsection A. If, after the expiration of this period, the Fire Chief shall determine that the installation is still in violation of the standards as set forth in Subsection A, he shall give written notice that such equipment or tank does not conform to the Oil Burnermen's Licensing Board.
F.
Minimum flash point. No person, firm or corporation
shall use oil in any oil-burning equipment in the Town of Bar Harbor
unless its flash point is not less than 100º F., closed cup test.
