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Memo 2nd Reading Ordinance 91-700CITY OF HOPKINS MEMORANDUM DATE: December 12, 1991 TO: City Council FROM: George Magdal SUBJECT: Second reading of ordinance number 91 -700 adopting the latest edition of the State Fire code. Attached is ordinance #91 -700. The following is a explanation of section 905.03 and changes recommended by the City Attorney to section 905.01 and 905.03. Section 905.01 The City Attorney suggested the addition of a sentence explaining that the definitions in the fire code apply to this ordinance. Section 905.03 This section from the existing ordinance was re- written to make it easier to understand. The absence of the words "above ground" was an oversight on my part. This requirement has been part of the Hopkins fire code since at least 1978. A number of bulk installations were active when this section was originally adopted. The Reuter, Gateway, and White Motor propane tanks were some of these that have since disappeared without our intervention. The only remaining bulk storage facility is McCoy Oil on Blake Road and 2nd Street N.E. It is not the intent of this ordinance to close any existing facilities. According to the City Attorney section 1.103(b) of the Fire Code would apply. This section allows existing conditions to continue if they are not a distinct hazard. As some of you may recall the city had a near disaster in June of 1982 when the propane tank was on fire at Reuters. Hopkins is too densely populated for large explosion hazards like that. Section 905.03 will keep any new hazards from moving into town. The City Attorney suggested the addition of a sentence to section 905.03 explaining that the definition of bulk storage would be in the form of a policy statement written by the Fire Chief. The maximum quantity not considered bulk storage has always been; Flammable liquids: (gasoline) 55 gallons Combustible liquids: (fuel oil) 260 gallons Propane: 1000 gallon water capacity 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. 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. 905.02 Automatic fire extinguishing 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 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 be prohibited within the city. The Chief shall promulgate regulations specifying what constitutes bulk storage of the substances and materials regulated by this section. 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 Council Resolution. 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 Council Resolution . First Reading: Second Reading: Date of Publication: Date Ordinance Takes Effect: • Attest: City Clerk November 19, 1991 Mayor