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84-188 Ordinance 84-539 Fire CodeCITY OF HOPKINS SIN COUNTY, MINNESOTA ORDINANCE NO. 8 4 - 5 39 AN ORDINANCE ESTABLISHING A HOPKINS FIRE BODE AND ESTABLISHING THE POWERS AND DUTIES THEREOF AND REPEALING SECTION 507 OF THE 1982 CODE 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" mans City of Hopkins. E. "Minnesota Uniform Fire Code" means the edition adopted by the Minnesota Com- mission of Public Safety pursuant to MSA Chapter 299 F .011., including all of the Amendements, Rules and Regulations established, adopted and published from time to time by the Minnesota Commissioner of Public Safety, through the Divi- sion of Fire Marshal. F. "Recognized Standards" means the methods or definitions to be used whenever the provisions contained in the Minnesota 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 National Fire Code. 1 SECTION 2: CODES ADOPTED BY REFERENCE The above defined Minnesota 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 part of this Ordinance with the same force and effect as though set forth herein verbatim. SECTION 3: AUTHORITY OF FIRE PERSONNEL The chief and members of the fire prevention bureau shall have the powers of a police officer in performing their duties under this code. SECTION 4: AUTOMATIC FIRE EXTINGUISHING SYSTEMS An automatic sprinkler system shall be installed in all occupancies except single and double family dwellings located east and south of the existing railroad right -of -way which enters 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 the southeast limit with the City of Minnetonka. SECTION 5: COMBUSTIBLE OR FLAMMABLE LIQUIDS, LIQUIFIED PhiEOLEUM GASES, EXPLOSIVES AND BLASTING AGENTS 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. 2 SECTION 6: TRANSPORTATION ROUTES BY M0'I'OR VEHICLES OF BLASTING AGENTS, HAZARDOUS CHEMICALS AND OTHER HAZARDOUS SUBSTANCES Any and all vehicular transportation of explosive blasting agents, hazar- dous 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; A. State Highway No. 7 B. Hennepin County Highways No. 3, 5, 18, 61, 73 and that part of Hennepin County Highway No. 20 located north of County Road 3. This Section shall not prohibit the use of other roads necessary for the delivery of products to destinations within the City limits of Hopkins. SECTION 7: FIRE LANES Any and all fire lanes now or hereafter established are governed by the provisions of Hopkins Ordinance No. 78 454, adopted by the City of Hopkins on December 5, 1978. SECTION 8: FIRES OR BARBECUES ON BALCONIES PROHIBITED No person shall kindle or permit any fire or open flame on a balcony of any apartment, condominium or other similar structure in a device used for heating, lighting or food preparation. SECTION 9: PREMISES IDENTIFICATION Unit /room directional identification. Directional signs shall be pro- vided in buildings designated by the Chief at central floor locations to clearly indicate direction of unit /room. Such signs shall also be placed at hallway intersections. Directional signs shall be plainly visible and shall contrast with their background. Unit /room identification. Each unit /room shall be numbered or lettered with identification plainly visible in corridor. Such identification shall contrast with background. 3 SECTION 10: NEW MA'T'ERIALS, 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 opportun- ity thereby heard thereon for approval and thereafter permitted in addi- tion to the requirements set forth in this Fire Code. The Fire Narshal 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 11: 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 appli- cation therefor by the owner, licensee, or agent, if there exist partic- ular difficulties preventing a strict interpretation of the code, pro- vided that substantial compliance hereunder is made and public safety is secured, and is otherwise in compliance with other permanent building, electrical, plumbing and other laws, codes and regulations. The partic- ulars 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. SECTION 12: PERMITS REQUIRED It shall be unlawful for any person, firm or corporation to use a build- ing or premises or engage in any activities for which a permit is requir- ed by this code without first having obtained such permit. Permits are required from the bureau of fire prevention.. for any one or more of the following: 4 a. Bonfires or rubbish fires. To kindle or authorize the kindling or maintenance of bonfires or rubbish fires. b. Bowling pin or alley refinishing. To conduct a bowling pin refin- ishing or bowling alley resurfacing operation involving the use and application of flammable liquids or materials. c. Candles and open flames in assembly areas. To use open flame or candles in connection with assembly areas or restaurants, dining or drinking establishments. d. Compressed gases, flammable. To store,handle or use at normal temperature and pressures more than 2000 cubic feet of flammable compressed gas. e. Cryogens. Except where federal or state regulations apply and except for fuel systems of the vehicle, permits are required to produce, store or handle cryogenic fluids in excess of the following amounts: Type of Cryogenic Flammable Oxidizer (includes oxygen) Corrosive or highly toxic Nonflammable Inside Building Over 1 gallon 50 gallons Over 1 gallon 60 gallons Outside Building 60 gallons 50 gallons Over 1 gallon 500 gallons f. Dust - Producing Operations. To operate a grain elevator, flour starch or feed mill, or plant pulverizing aluminum, coal, coca, magnesium, spices, sugar or other material producing dusts as defined in Section 76.101 of the Minnesota Uniform Fire Code. g. Explosives or blasting agents. For permits for explosives or blasting agents see Section 77.104 of the Minnesota Uniform Fire Code. h. Fireworks. For permits for fireworks, see Article 78 of the Minnesota Uniform Fire Code. i. Flammable or combustible liquid pipeline operation and excavation. To use or operate a pipeline for the transportation of flammable or combustible liquids or to excavate or do any work below grade within 10 feet of any such pipeline. �. Flammable or combustible liquids and tanks. 1'. To store, handle or use Class I liquids in excess of 5 gallons in a building or in excess of 10 gallons outside of any build- ing, except that a permit is not required for the following: i. The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant, unless such storage, in the opin- ion of the chief, would cause an unsafe condition. ii. The storage or use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for mainten- ande, painting or similar purposes for a period of not more than 30 days. 2. To store, handle or use Class II or Class III liquids in excess of 25 gallons in a building or in excess of 60 gallons outside a building, except for fuel oil used in connection with oil - burning equipment. 3. To remove Class I or Class II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on -site pumps normally used for dispensing purposes. 4. To install, alter, or operate equipment in connection with the storage, handling, use or sale of flammable or combustible liquids regulated under the_'Minnesota Uniform Fire Code. 5. To install, alter, remove, abandon, place temporarily out of service or otherwise dispose of any flammable or combustible liquid tank. k. Hazardous materials. To store, transport or handle more than 55 gallons of corrosive liquids or more that. 500 pounds of oxidizing materials or more than 10 pounds of organic peroxides or more than 500 pouxhds of nitromethane or 1000 pounds or more of ammonia nitrate, ammonia nitrate fertilizers and fertilizer mixtures covered by Section 80.106 (d) of the Minnesota Uniform Fire Code: or any amount of highly toxic materials, pyrophoric materials, hypergolic materials, cryogenic or poisonous gases. 1. Highly toxic pesticides. To store any amount of highly toxic pesti- cides. m. High -piled combustible stock. To use any building or portion thereof exceeding 2500 square feet for the storage of high -piled combustible stock. A floor plan showing the dimensions and location of the stock piles and aisles shall be submitted with applications for such permits. n. Liquified petroleum gases. Except for portable containers of less than 120 gallons water capacity to install or maintain any LP gas container or operate any tank vehicle which is used for the transportation of LP gas. Where a single container or the aggregate capacity of interconnect- ed containers is over 120 gallons water capacity, the installer shall submit plans for such permits. o. Open Burning. See Bonfires. p. Organic coatings. To manufacture more than one gallon of organic coat- ings in a working day. 'q. Parade floats. To use a parade float for public performance pre- sentation, spectacle, entertainment or parade. . Radio active materials. To store or handle at any installation more than 1 microcurie of radioactive material not contained in a field source or more than 1 millicurie of radioactive material in a sealed source or sources, or any amount of radioactive material for which a specific license from the Nuclear Regulatory Commission is required. E. Refrigeration equipment. To install or operate a mechanical refrig- eration unit or system. Exceptions: 1. Air, water or brine system; 2. All units and systems utilizing Group 1 refrigerants with a refrigerant compressor or horsepower rating of less than 100. t. Spraying or dipping. To operate a spraying or dipping enterprise utilizing flammable liquids included within the scope of Article 45. of the Minnesota Uniform Fire Code. U. Tents and air - supported structures. To erect or operate a tent or air- supported structure covering an area in excess of 200 square feet unless such structures are used exclusively for camping. SECTION 13: CONDITIONS OF PERMITS OR CERTIFICATES a. A permit shall constitute permission to maintain, store, use or handle materials, or to conduct processes which produce conditions hazardous to life or property, or to install equipment used in connection with such activities. Such permission shall not be construed as authority to violate, cancel or set aside any of the provisions of this code. Such permit shall not take the place of any license required by law. 8 b. A permit issued under this code shall continue until revoked or for such a period of time as designated therein at the time of issuance. It shall not be transferable and any change in use, occupancy, operation or owner- ship shall require a new permit. c. All permits or certificates issued under this code shall be presumed to contain the proviso that the applicant, his agents and employees shall carry out'the proposed activity in compliance with all the requirements of this code and other laws or regulations applicable thereto, whether specified or not, and in complete accordance with the approved plans and specifications. Any permit or certificate which purports to sanction a violation of this code or any applicable law or regulation shall be void and any approval of plans and specification in the issuance of such permit shall likewise be void. SECTION 14: APPLICATION FOR PERMIT All applications for a permit required by this code shall be made to the bureau of fire prevention in such form and detail as it shall prescribe. Applications for permits shall be accompanied by such plans as required by the Bureau. SECTION 15: INSPECTION REQUIRED Before a,,,permit maybe issued, the chief; nor his: authorized shall inspect and approve the receptacles, vehicles, buildings, devices, premises, storage spaces or areas to be used. In instances where laws or regulations are enforceable by departments other than the fire department, joint approval shall be obtained from all departments concerned. SECTION 16: RETENTION OF PERMITS Permits shall at all times be kept on the premises designated therein and shall at all times be subject to inspection by an officer of the fire or police department or other authorized persons. 9 SECTION 17: PERMITS FOR THE SAME LOCATION Whenever, under the provisions of this code, more than one permit or certificate is requiredfor the same location, such permits or certificates may be consolidated into a single permit or certificate. SECTION 18: REVOCATION OF PERMITS Any permit or certificate issued under this code may be suspended or re- voked when it is determined after a hearing by the chief that: 1. It is used by a person other than the person to whom the permit was issued. 2. It is used for a location other than that for which it was issued. 3. Any of the conditions or limitations set forth in the permit or certificate have been violated. 4. The permittee fails, refuses or neglects to comply with any order or notice duly served upon him under the provisions of this code within the time provided therein. 5. There has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or application was based. SECTION 19: PERMIT FEES Fees for such permits shall be established from time to time by Resolution of the City Council. SECTION 20: APPEALS Whenever an application for 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, and the decision of the Council shall thereupon govern. 1 0 _SECTION 21: PENALTIES Any person who violates or fails to comply with the provisions of this Code or who fails to construct in compliance with the terms and conditions or specifications of plans submitted and approved by the City or any certificates or permits issued for such purpose from which no appeal has been taken, shall severally for each and every such violation and non - compliance, 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 City Council of the City of Hopkins held September 18 , 1984, and finally read, approved, adopted and ordered published at a regular meeting of said Council of said City on October 2 1984. J. SCOTT RENNE, ROBERT F. MILLER, City Clerk Mayor JERRE A. MITTFR, City Attorney 11