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CR 99-097 Amending Sect 905.05 of Hopkins City Code Requiring Fire Sprinklers in Certain Basements & Prohib Barbeques on Balconies of Apt Buildings i Y 0 \ 0 /c ~ June 1, 1999 .y " Council Report 99-97 o P K \ ~ . Amending Section 905.05 of the Hopkins City Code requiring fire sprinklers in certain basements and prohibiting barbecues on balconies of apartment buildings Proposed Action. Staff recommends approval of the following motion: Move to adopt Ordinance 99-826 amending Section 905.05 to the Hopkins City Code requiring fire sprinklers in certain basements and prohibiting barbecues on balconies of apartment buildings for first reading. Overview, These changes to the City code are necessary to maintain our existing level of fire code requirements because of changes in the Statels recent adoption of the State fire code. The city of Hopkins had an ordinance requiring fire sprinklers in larger basements and prohibiting barbecuing on balconies of apartments since the 1970s. A number of years ago the State fire marshalls office included the barbecue provision in the State code, Because the State code was more restrictive than our ordnance, and Minnesota State statute does not allow a municipal fire code to be less restrictive than the State, we were required delete our language and use therels. In the Statels most recent adoption of the fire code the barbecue provision became a recommendation instead of a requirement Our city fire prevention code automatically adopts the most recent state fire code, now, without the barbecue provision, If we wish to continue prohibiting certain barbecuing we . must add the provision back into our City code, The code language proposed by staff is less restrictive than we had before. Itls the original Hopkins barbecue requirements adding the "exception" from the State language, The State modified the model code language for basement fire sprinkler protection because of enforcement difficulties by their office, We recommend keeping the original language, Itls the same as our previous adoption and is used throughout most of the country, Primary Issues to Consider. o Does the City of Hopkins wish to continue prohibiting barbecuing near apartment buildings and on their balconies? Yes, Barbecuing can be dangerous where many people live close together. o Is the Hopkins language strong enough to minimize the danger. Yes, We enforced our local code for many years without a problem, The Statels version is overly restrictive and difficult to enforce, o Does the City want to continue enforcing basement fire sprinkler provisions, Yes, We know these areas are hazardous and most building owners effected have already complied. Supporting Information, o Ordinance #99-826 o Hopkins Fire Prevention Code, Section 905 . o State of Minnesota Rules Appendix II-K barbecues, Section 4 basement sprinkler requirements and State amended version. ) j j /'/'/ .vA I I/~<--<.l':rl. i ///1 -{'( , (/ I . v George Magdal, FIre Marshal . HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 99-826 Barbecues on Balconies and Basement Fire Sprinkler Protection BE IT ORDAINED By the Council of the City of Hopkins that Section 905 of the Hopkins City Code be amended as follows: 905.01 Codes adopted by reference. The Minnesota Uniform Fire Code, as adopted by the Minnesota Commission of Public Safety pursuant to Minnesota Statutes chapter 299F.Oll, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Public Safety, through the Fire Marshal Division is hereby adopted by reference. Exception: The State amendment to Appendix I-A, Section 4, "Basement access or sprinkler protection" , shall be deleted in it1s entirety. When used in this section 905, words and phrases shall have the same meaning as defined in the Minnesota Uniform Fire Code unless it is apparent from the context a different meaning is intended. . 905.05 Fires or barbecues on balconies prohibited. No person shall kindle or permit a fire or open flame on a balcony of any apartment. condominium or other similar structure or within 10 feet of such structure in a device used for heatinq, lighting or food preparation nor shall any person leave or otherwise store such a device on or in a balcony of any aforementioned structure. Exception: Listed electric or gas-fired barbecue grills that are permanently mounted and wired or plumbed to the building's qas supply or electrical system and that maintain a minimum clearance of 18 inches on all sides. unless listed for lesser clearances, may be installed on balconies and patios. First Reading: June 1, 1999 Second Reading: June 15, 1999 Date of Publication: June 23, 1999 Date Ordinance Takes Effect: July 13, 1999 . Mayor City Clerk Hopkins City Code Fire Prevention Code Section 905 (Rev. 7-14-99) 905.01 Codes adopted by reference. The Minnesota Uniform Fire Code, as adopted by the Minnesota Commission of Public Safety pursuant to Minnesota <<tatutes chapter 299FOll, including all of the amendments, mles and regulations established, adopted and published from time to time by the Minnesota Commissioner of Public Safety, through the Fire Marshal Division is hereby adopted by reference, Exception: The State amendment to Appendix I-A Section 4, "Basement access or sprinkler protection". shall be deleted in it's entirety, When used in this section 905, words and phrases shall have the same meaning as defined in the Minnesota Uniform Fire Code unless it is apparent from the context a different meaning is intended. 905.05 Bulk storage of hazardous materials prohibited. Bulk storage of above ground flammable or combustible liquids, liquefied petroleum gases or other hazardous materials shall be prohibited within the city, Bulk storage of explosives or blasting agents, above or below ground shall bc prohibited within the city, The Chief shall promulgate regulations specifying what constitutes bulk storage of the substances and materials regulated by this section, 905.07 Premises identification. Subd, I, Unit or room directional identification, Directional signs shall be provided in buildings designated by the Chief at central floor locations to clearly show the direction to the unit or room, Such signs shall also be placed at hallway intersections, Lettering shall be plainly visible and have a contrasting background, Subd, 2. Unit or room identification, Each unit or room shall be numbered or lettered with identification plainly visible in the corridor, Such identification shall have a contrasting background, 905.05 Fires or barbecues on balconies prohibited. No person shall kindle or permit a fire or open flame on a balcony of any apartment condominium or other similar stmcture Of within 10 feet of such structure in a portable device used for heating, lighting or food preparation nor shall any person leave or otherwise store such a device on or in a balcony of any aforementioned structure, Exception: Listed electric or gas-fired barbecue grills that are permanently mounted and wired or plumbed to the building's .~as supply or electrical system and that maintain a minimum clearance of 18 inches on all sides. unless listed for lesscr clearances, may be installed on balconies and patios, 905.09 Violation. It is unlawful for a person to violate or fail to comply with the provisions of this code, or to fail to constmct in compliance with the terms and conditions or specification of plans submitted and approved by the city or any certificates or permits issued for such purpose from which no appeal has been taken, The imposition of one penalty for any violation shall not excuse the violation or be construed as a permit to continue, All such persons shall be required to correct or remedy such violation or defects \vithin a reasonable time to be established in writing by the Chief Each day that such prohibited conditions are maintained is a separate offense, 905.11 Liability for Violations. When an inspection reveals violations of this Code, the Chief shall issue a Violation Notice to the occupant of the premises or the owner, or both. The Violation Notice shall be served in the manner specified in the Minnesota Uniform Fire Code, Correction of all violations listed on the Violation Notice is the responsibility of the party or parties receiving the notice, Failure to correct any violation described in the Violation Notice on or before the deadline stated therein shall constitute a misdemeanor by the occupant and by the owner to whom the Violation Notice was issued. 905.13 Fee for Fire Inspections. A fee shall be charged for fire inspections. This fee will not apply to complaints on specific hazards, Such fee shall be collected from either the owner or the occupant who gets the inspection. TIle fee shall be in an amount established by Council Resolution, Ifthere are no violations found or the violations arc corrected by the end of the first re-inspection the fee shall be 50% of the established rate, Ifthe violations are corrected by the end of the second re-inspection the fee shall be 100% of the established rate. Ifthe violations are not corrected by the end ofthe second re-inspection the fee shall be .150% of the established rate, 905.15 Fee for Mandatory Fire Inspections. A fee shall be charged for fire inspections conducted because of a request from the business itself or an outside agency, This fee will not apply to complaints on specific hazards. Such fee shall be collected from either the owner or the occupant who needs the inspection. The fee shall be in an amount established by Council Resolution, . State recommended language for Barbecues Last sentence recommended by Staff ~, ...l.~ ~:';< ~~:~ "2'__"- ,v --'\.' ..,,-,;.j::~~ ~'.~ ~j Subp, II. Appendix 1I-K. The Uniform Fire Code is amended by adding an Appendix II-I( to read: \<:.(r~ APPENDIX II-K FIRES OR BARBECUES ON BALCONIES OR PATlOS SECTION 1- OPEN FLAME AND FUEL STORAGE PROHIBITED 1.1 Open Flame Prohibited. In any structure containing three or more dwelling units. no person shall kindle. mair:tain. or caus~ ;Ill" ~' fire or open flame on any balcony above ground leveL or on any ground floor patio within 15 feet of the structure, 1.2 Fuel Storage Prohibited. No person shall store or use any fueL barbecue. torch. or other similar heating or lighting chemic::!] or device in the locations designated Sec, 1.1. EXCEPTION: Listed electric or gas-fired barbecue grills that are pennanently mounted and wired or plumbed to the building's gas supply or electrical system and that maintain a minimum clearance of 18 inches on all sides. unless listed for lesser clearances. may be installed on balconies and patios when approved by the chief. Model Code language for Basement Fire Sprinklers Recommended by Staff B B SECTION 4 - BASEMENT ACCESS OR SPRINKLER B '. B B PROTECTION B B B An approved automatic sprinkler system shall be provided in B E' basements or stories exceeding 1.500 square feet (139,) ill2) in E B area and not having a minimum of 20 square feet (1.86 m2) of B B opening entirely above the adjoining ground level in each 50 lin- B eal feet (15 240 mm) or fraction thereof of exterior wan on at le,L~t B B one side of the building, Openings shall have a minimum clear di- B B mension of 30 indIeS (762 mm). B B B' If any portiun of a basement is located more than 75 feet (11 860 f E. mm) from rlxluircd openings, the basement shall be provided with B B an approved automatic sprinkler system throughout B ~ State amended language for Basement Fire Sprinklers SECTION 4 - BASEMENT ACCESS OR SPRINKLER PROTECTION An approved automatic sprinkier system shall be provided in the following basements when such areas exceed 2.500 square feet (231.3 me) in size and do not have 20 square feet ( I .86 me) of opening entirely above the adjoining ground level in each 50 lineal feet (15.240 mm) or fraction thereof of exterior wall on at least one side ofthe building: L Group A Occupancies used as commercial drinking and dining establishments; . 2- Group A Occupancies used as bowling alleys; 3, Group E Occupancies used for student occupancy; 4, Group I Occupancies; and 5. Group R. Division I Occupancies having dwelling units or guest rooms. Openings required by this section shall have a minimum dimension of30 inches. If any portion of the basement is located more th::!n 75 feet (11.860 mm) from required openings. the basement shall be provided with an approved automatic sprinkler system throughout.