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Ordinance 82-507CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 82 -507 AN ORDINANCE ESTABLISHING A HOPKINS FIRE CODE AND ESTABLISHING A BUREAU OF FIRE PREVENTION, DEFINING AND ESTABLISHING THE POWERS AND DUTIES THEREOF AND REPEALING SECTION 208 OF THE 1977 OODE OF ORDINANCES OF THE CITY OF HOPKINS ENTITLED FIRE PREVENTION CODE, EXCEPT HOPKINS ORDINANCE NO. 78-454 BE IT ORDAINED, by the City Council of the City of Hopkins as follows: Section 1 DEFINITIONS The following words or phrases, when used in this Ordinance, shall be held to mean the following a. "Bureau of Fire Prevention" means the Hopkins Fire Department. b. "Chief" means Fire Chief, Fire Marshal, or any inspector of the Hopkins Bureau of Fire Prevention. c. "Corporate Counsel" means Hopkins City Attorney. d. "Jurisdiction" means City of Hopkins. e. "Fire Marshal" (see "Chief f. "Minnesota Uniform Fire Code" means the latest edition adopted by the Minnesota Commission of Public Safety pursuant to MSA Chapter 229F.011, including all of the Rules and Regulations established, adopted and published from time to time by the Minnesota Department of Public Safety. g. "National Fire Code" means the National Fire Code of and issued by the National Fire Protection Association issued annually and presently consisting of 16 volumes: h. "Uniform Fire Code" means the document or Fire Code including all amendments thereof from time to time developed and published by the Western Fire Chiefs Association, Inc. and by the International Conference of Building Officials. 1. "Recognized Standards" means the methods or definitions to be used whenever the provisions contained in the Uniform Fire Code involving the protection of persons or property from fire and explosive hazards are inapplicable and require other nationally recognized and accepted standards, principles and tests generally used and accepted as well established methods of fire protection and control set forth and described in the most current edition of the National Fire Code. Section 2 CODES ADOPTED BY REFERENCE The above defined Minnesota Uniform Fire Code, the National Fire Code and the Uniform Fire Code, including all amendments, clarifications, rules and regulations adopted and issued in connection therewith, are all hereby passed and adopted as a part of the Hopkins Fire Code for the City of Hopkins and as a part of this Ordinance with the same force and effect as though set forth herein verbatim. A copy of each of the above enumerated Fire Codes and materials is and shall remain on file for public inspection and use in the office of the Hopkins City Clerk. Section 3 FIRE ALARM SYSTEMS Section 10.307 (a) of the 1979 edition of the Uniform Fire Code is hereby amended to read as follows: Every apartment house three stories or more in height and containing 15 or more apartments and every hotel three stories or more in height containing 20 or more guest rooms shall have installed therein an approved automatic and manually operating fire alarm system designed to warn the occupants of the building in the event of fire, which fire alarm systems shall be so designed and installed that all occupants of the building will be warned simultaneously. Section 4 AUTOMATIC SPRINKLER SYSTEMS Section 10.309 of the above 1979 edition of the Uniform Fire Code is hereby amended to read as follows:' A. General. Automatic sprinkler systems shall be provided in accordance with the provision of this section. B. Where Required All such sprinkler systems shall be installed and maintained in operable condition as specified in the following City locations:' 1. All occupancies except in single and double family dwellings located east and south of the existing railroad right -of- way which entered the City °of Hopkins in the northeast limits with the City of'St. Louis Park and exits from the City of Hopkins in said right -of -way in southeast limits with the City of Minnetonka. 2. 2. All Occupancies except Group R, division 3, and Group M. 3. Group A Occupancies 4. Group E Occupancies 5. Group I Occupancies 6. Group H Occupancies 7. Group B, division 2, Occupancies Section 5 COMBUSTIBLE OR FLAMMABLE LIQUIDS, LIQUIFIED PETROLEUM GASES, EXPLOSIVES AND BLASTING AGENT'S PROHIBITED Any and all bulk storage of flammable or combustible liquids above ground or new bulk plants below ground, or liquified petroleum gases, or explosives, or blasting agents shall be and hereby are prohibited in any and all areas in the City of Hopkins. Section 6 TRANSPORTATION ROUTES BY ?UXYIOR VEHICLES OF BLASTING AGENTS, HAZARDOUS CHEMICALS AND OTHER HAZARDOUS SUBSTANCES Any and all vehicular transportation of explosive blasting agents, hazardous chemicals and any and all other dangerous articles through the City of Hopkins are hereby limited to and permitted upon only the following thoroughfares through the City, viz a. State Highway No. 7 b. Hennepin County Highways No. 5, 18, 61, 73, and that part of Hennepin County Highway No. 20 located north of County Road No. 3. Section 7 FIRE LANES Any and all fire lanes now or hereafter established is and are to be governed by the provisions of Hopkins Ordinance No. 78 -454, which was adopted by the City of Hopkins on December 5, 1978 as amended or clarified by Resolutions of the Hopkins City Council. 3. Section 8 FIRES OR BARBECUES ON BALCONIES PROHIBITED No person shall kindle, maintain or permit any fire or open flame on any balconies of any dwelling, apartment, condominium, or other structure in any barbecue, torch, or other similar heating, burning or lighting apparatus, equipment or device. Section 9 NEW MATERIALS, PROCESSES OR OCCUPANCIES The City Manager and the City Fire Marshal are hereby empowered to act as a committee to examine, determine, specify, approve, and allow any new materials, processes or occupancies after due notice and opportunity thereby heard thereon for approval and thereafter be permitted in addition to the requirements set forth in this Fire Code. The Fire Marshal shall cause to be prepared and posted on the public bulletin board in the Hopkins City Hall, such lists, additions or variances of approved materials, processes or occupancies. Copies of such lists shall also be available to all interested persons. Section 10 MODIFICATIONS AND VARIANCES The Fire Marshal is empowered to grant variances from or modifications of this Fire Code as it may pertain to any structure, upon written application therefor by the owner, licensee, or agent, if there exist particular difficulties preventing a strict interpretation of the Code, provided that 'substantial compliance hereunder is made and public safety secured, and is otherwise in compliance with other permanent Building, Electrical, Plumbing and other Laws, Codes, and Regulations. The particulars of each such modification when granted shall be entered on the records of the Fire Marshal and a copy thereof furnished to each such applicant. 4. Section 11 PERMITS REQUIRED Whenever in the Hopkins Fire Code, including any other Codes or Regulations hereinabove or hereafter adopted in connection herewith, any permits are required as a part of the enforcement of this Code, applications for any such permits shall be made to the office of the Hopkins City Clerk in writing before the commencement of the project or operation for which such permits are required and thereafter renewed annually, except that any business or other operation for which pursuant to other City Codes, Ordinances or Resolutions an annual license or other permit is already required, is hereby exempt from the provision of this Section. _Required permits shall be issued by the City Clerk only after notice to and inspection and approval thereof by the Hopkins•Fire Marshal. Section 12 PERMIT FEES Fees or charges for such permits shall be established or changed from time to time by Resolution of the City Council. Section 13 APPEALS Whenever any application for any permit required in this Ordinance is refused or denied, or any provision or requirement of the Code is alleged to be misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief to the Hopkins City Council within 30 days from the date of such denial, the decision of which Council shall thereupon govern. Section 14 PENALTIES Any person who shall violate any of the provisions of this Code or fail to comply herewith or who shall violate or fail to comply with any other made thereunder, or who shall build in violation of any detailed specifications or plans submitted and approved or any certificate or permit issued thereunder 5. from which no appeal has been taken, or who shall fail to comply with an order affirmed or modified by the Bureau or by a Court of competent ,jurisdiction, shall severally for each and every such violation and noncompliance, respectively be guilty of a misdemeanor. The imposition of one penalty for any violation shall not excuse the violation or be construed as a permit to continue, and 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 Fire Marshal, and each day that such prohibited conditions are maintained constitutes a separate offense. First read at a regular meeting of the Council of the City of Hopkins held April 6 1982, and finally read, approved, adopted and ordered published at a regular meeting of said Council of said City on April 20, 1982. J. SCOTT RENNE, ROBERT F. MITI R, City Clerk Mayor JOSEPH C. VESELY, City Attorney /WAIL