CR 91-245 First Reading Adoption State Fire CodeNovember 7, 1991
0 P K
FIRST READING ADOPTION STATE FIRE CODE
Proposed Action.
Overview.
Council Report #91 -245
Staff recommends the following motion: Move to approve first
reading of ordinance number 91 -700 an ordinance amending section
905 of the Hopkins City code and adopting the latest edition of
the State Fire code.
Approval of this motion will approve a first reading of an
ordinance that will update the city's fire code to the latest
standards as adopted by the State of Minnesota.
Minnesota Statutes require that all communities that have their
own fire code enforce a code no less stringent than the Minnesota
Uniform Fire code. Communities cannot be less restrictive than
the State Code.
The State from time to time updates it's code to incorporate the
latest edition of the "Uniform Fire Code" as written and
published by the Western Fire Chiefs along with the International
Conference of Building Officials (I.C.B.O.). The new code takes
into account the latest fire protection technology and most
current processes used by commerce.
With this in mind the State code has been updated to include the
1988 Uniform Fire Code. Hopkins has by ordinance adopted the 1985
edition of this code.
Although the State code is automatically in effect throughout the
State it is recommended that communities confirm the latest
edition of the code by ordinance.
Adoption of this ordinance will affirm the current provisions of
the State Fire code.
This ordinance also includes a new provision that allows the city
to be reimbursed for the cost of a fire inspectors time when
wasted by a violator.
Primary Issues to consider:
o A fire inspection has always been free of charge.
Does the city want to continue in this manner but
start charging the abusers of the system?
Supporting documents.
o Primary Issues to consider /Alternatives
o Proposed ordinance number 91 -700
'George a
Fire Mars
Primary issues to consider:
A fire inspection has always been free of charge.
Does the city want to continue in this manner but
start charging the abusers of the system?
This ordinance has a new provision that allows the city to be
reimbursed for the cost of a fire inspectors time. This
stipulation would take effect under one of the following
conditions:
When the receiver of a violation notice
refuses to either make the corrections or
inform the inspector that the corrections are
not done, or
When a fire inspection is mandated by company
policy, State regulations, or Federal law.
The State fire code requires that written notice be given to a
building owner if a violation is found. It also requires that the
notice specify when correction must be completed. The fire
inspector must do a follow -up inspection after that date to
determine if compliance has occurred. Most people make a good
faith effort to make the corrections on time. However some people
realize that by ignoring the order several trips and notices will
be given prior to a court appearance. This practice wastes a
great deal of the inspectors time. The new code provision would
allow the City to be reimbursed for this wasted time.
This provision does not allow the city to collect a fee for
normal fire inspections. Currently we are studying this issue for
future consideration.
Alternatives.
o Approve a first reading.
CR #91 -245
Page 2
Table and request staff to remove the fee
requirements from the ordinance. This will keep fire
inspections operating as they have in the past, with no
compensation for wasted inspectors time.
o Do not approve a first reading. This will make
enforcement confusing since the city and state
requirements will not match.
Ordinance No. 91 -700
AN ORDINANCE RELATING TO FIRE PREVENTION REGULATIONS AMENDING
SECTION 905 OF THE HOPKINS CITY CODE
BE IT ORDAINED by the Council of the City of Hopkins as follows:
SECTION 1. That Hopkins City Code is amended by deleting Section 905
in its entirety and adding a new section 905 to read as follows:
Section 905 - Fire Prevention Code
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.011, 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.
905.02 Automatic fire extincruishing systems. An automatic
fire sprinkler system or its equivalent as determined by the Chief
shall be installed in all buildings, except one and two family
dwellings and their accessories, as defined in Minnesota Uniform
Fire Code Section 9.104 located east and south of the existing
Hennepin County Regional Railroad Authority right -of -way that enters
Hopkins in the northeast limits with the City of St. Louis Park and
exits from Hopkins in the southwest limits with the City of
Minnetonka.
905.03 Bulk storage of hazardous materials prohibited. Bulk
storage of flammable or combustible liquids, liquefied petroleum
gases, explosives, blasting agents, or other hazardous materials
shall be prohibited within the city.
905.04 Premises identification. Subd. 1. 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 - Violation. It is unlawful for a person to
violate or fail to comply with the provisions of this code, or to
fail to construct 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 within a reasonable time to be established
in writing by the Chief. Each day that such prohibited conditions
are maintained is a separate offense.
905.06 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.
905.07 Fee for Additional Fire Inspections. No fee shall be
charged for the initial follow up inspection to determine if a
property owner or occupant has complied with a Violation Notice. If
the owner or occupant has not complied, there shall be a fee imposed
for each additional fire inspection required to establish that the
Violation Notice has been complied with. Such fee may be collected
from either the owner or the occupant to whom the Violation Notice
was issued. The fee shall be in an amount established by the Chief.
905.08 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 the Chief.
First Reading:
Second Reading:
Date of Publication:
Date Ordinance Takes Effect:
Attest:
City Clerk
Mayor