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