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77-430 SECTION 208 CODE OF ORDINANCES OF THE CITY OF HOPKINS (FIRE CODE) CITY OF HOPKINS HENNEPIN COUNTY ORDINANCE NUMBER 77-430 AN ORDINANCE ADOPTING THE MINNESOTA UNIFORM FIRE CODE AND RUT.FS AND 1111 REGULATIONS ADOPTED AND ISSUED BY THE COMMISSIONER OF PUBLIC SAFETY THROUGH THE DIVISION OF FIRE MARSHAL IN CONNECTION WITH SAID CODE, AND ADOPTING THE NATIONAL FIRE CODE OF THE NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) 1977 EDITION CONSISTING OF VOLUMES 1 THROUGH 16 PROMULGATED AND ISSUED ON NOVEMBER 18, 1976, AND PRESCRIBING AND PROVIDING FOR OTHER REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, AND PROVIDING FOR A BUREAU OF HOPKINS FIRE PREVENTION AND OFFICERS THERETO AND DEFINING THEIR POWERS AND DUTIES BE IT ORDAINED by the Council of the City of Hopkins as follows: 208:00. UNIFORM FIRE CODE: The Minnesota Uniform Fire Code 1973 Edition as heretofore adopted by the Minnesota Commissioner of Public Safety through the Division of the State Fire Marshal pursuant to MSA Chapter 299F, together with and including the Rules and Regulations heretofore established, adopted, and published in connection with said Fire Code by the Minnesota Depart- ment of Public Safety, and also together with the 1977 Edition of the National Fire Code of the National Fire Protection Association (NFPA) consisting of Volumes 1 through 16 adopted, promulgated and issued on November 18, 1976, one copy of each of which has been marked as the official copy and is on file in the office of 411 the Hopkins City Clerk, and including Article 20 of the 1973 Uniform Fire Code as adopted by the Western Fire Chiefs Association, Inc., and by the International Conference of Building Officials, is hereby adopted as the Fire Code for the City of Hopkins for the purpose of prescribing Regulations governing conditions hazardous to life and property from fire or explosion, except such portions of any of the above as are hereinafter modified or amended. Every provision contained in the above codes, except as modified or amended by this Ordinance, is hereby adopted and made a part of this Ordinance as if, and with the same force and effect, as though fully set forth herein verbatim. 208:03. ENFORCEMENT: Subd 1. Whenever and wherever in the Minnesota Uniform Fire Code the words "the State Fire Marshal may" are used, there shall be added the words "and the Hopkins Fire Marshal or the Hopkins Fire Chief shall". Subd 2. The Hopkins Fire Marshal, or a representative authorized by him, or the Hopkins Fire Chief, shall enforce the provisions of this Ordinance. Subd 3. The Chief of the Hopkins Fire Department may, as may be necessary from time to time, detail or appoint members of the Hopkins Fire Department as • Fire Inspectors, and the Fire Marshal may recommend the employment of technical inspectors who, when authorized, shall be qualified by examination to determine their fitness and ability for the position, and appointments made by the Fire Marshal with the approval of the Hopkins City Manager, shall be for an indefinite term with removal only for cause. 208:06. DEFINITIONS: Subd 1. Whenever the word "Jurisdiction" is used in the Fire Code for the City of Hopkins, it shall be held to mean the City of Hopkins. Subd 2. Whenever the term "corporation counsel" is used in the Fire Code for the City of Hopkins, it shall be held to mean the Hopkins City Attorney. Subd 3. Recognized Standards . Whenever the above Uniform Fire Code is • inapplicable for any reason, condition or situation involving the protection of persons and property from the hazards of fire and explosion, any questions which may arise, and any rules or orders in connection therewith, shall be governed to a reasonable degree by and in accordance with the nationally recognized and accepted standards, principles and tests, and generally recognized and well established methods of fire prevention and control as set forth and appearing in the 1977 Edition, Volumes 1 through 16, of the National Fire Code of the National Fire Prevention Association, which NFPA code is hereby adopted by reference as hereinabove set forth. 208:09. FLAMMABLE OR COMBUSTIBLE LIQUIDS STORAGE ABOVE GROUND. The area limits in the City of Hopkins in which storage of flammable or combustible liquids in outside above ground tanks are prohibited are hereby established and defined as any and all areas in the City of Hopkins which are zoned for residential, business and industrial use and purposes. 208:12. NEW BULK PLANTS FOR FLAMMABLE AND COMBUSTIBLE LIQUIDS. The area limits in the City of Hopkins in which new bulk plants for flammable or com- bustible liquids are prohibited are hereby established and defined as any and all areas in the City of Hopkins which are zoned for residential, business and industrial use and purposes. 208:15. BULK STORAGE OF LIQUIFIED PETROLEUM GASES. The area limits in the City of Hopkins in which bulk storage of liquified petroleum gases are pro- hibited are hereby established and defined as any and all areas in the City of Hopkins which are zoned for residential, business, and industrial use and purposes. 208:18. STORAGE OF EXPLOSIVES AND BLASTING AGENTS. The area limits in the City of Hopkins in which storage of explosives and blasting agents are pro- hibited are hereby established and defined as any and all areas of the City of Hopkins. 208: 21. MOTOR VEHICLE ROUTES FOR TRANSPORTING EXPLOSIVES, BLASTING AGENTS, HAZARDOUS CHEMICALS, AND OTHER DANGEROUS ARTICLES. Whenever the Fire Code for the City of Hopkins or the Uniform Fire Prevention Code, or any regulation issued in connection therewith, refers to vehicles transporting explosive blasting agents, hazardous chemicals, and other dangerous articles through the City of Hopkins, the routes for such transportation are hereby established and permitted only upon the following thoroughfares: State Highway No. 7; Hennepin County Highway No. 5; Hennepin County Highway No. 18; Hennepin County Highway No. 20 north from Hennepin County Highway No. 3; Hennepin County Highway No. 61; and Hennepin County Highway No. 73. 208: 24. PORTABLE FIRE EXTINGUISHERS. Wherever portable fire extin- guishers are required by any Ordinance, such extinguishers shall be maintained and kept in repair at least once each year by a qualified fire extinguisher serviceman, and in addition thereto, any and all such fire extinguishers shall be serviced immediately after the occurranee of anyof the following conditions: (a) after being used, (b) whenever the tamper seal is broken, (c) when the extinguisher is damaged, impaired, leaking, or is under or overcharged, or is obviously corroded, or (d) whenever ordered or required by the Hopkins Fire Chief. -2- 208:27. INVERTING TYPE FIRE EXTINGUISHERS PROHIBITED. An inverting type fire extinguisher is hereby defined as any fire extinguisher that requires it to be turned upside down for activation or use including, but not limited to, any fire extinguisher using soda-acid, foam, water cartridge, and loaded stream. 411 Any and all inverting type fire extinguishers are hereby prohibited from and after the date of the passage of this Ordinance, and any such fire extinguishers presently in use in Hopkins shall be discarded thereafter. 208:30. NONAPPROVED FIRE EXTINGUISHERS PROHIBITED. No person, firm or corporation shall sell, trade, display or give away any form, type or kind of any fire extinguisher which does not meet minimum approved standards under the Uniform Fire Code or this Ordinance, o r which is not in proper working order, or the contents of which do not meet the standards thereof; provided, however, that this shall not apply to any person or firm engaged in the selling or trading of permitted or lawful extinguishers in exchange for any fire extinguisher hereinabove prohibited provided such prohibited fire extinguishers are thereupon destroyed. 208:33. APPROVED MINIMUM SIZED EXTINGUISHERS DEFINED. Approved extinguishers are hereby defined as any and all fire extinguishers having a listing and label by Underwriter's Laboratories, Inc., or by Factory Mutual Engineering Corporation, and having a minimum size of LA and/or 5BC. 208:36. SMOKE AND FIRE DETECTORS. Subd 1. Not later than January 1, 1980 , or upon the date of the sale of • the following premises, whichever date occurs sooner, every hotel, motel, rooming house, and every dwelling quarters except single family dwellings, shall be pro- vided with installed single station smoke detectors as provided in National Fire Code of the NFPA Standard No. 74, and at all times maintained in working order, which smoke detectors meet the requirements of any one of the following Underwriter's Laboratories tests, viz: UL 167, UL 168, or UL 217. Subd 2. Any and all such smoke detectors shall be mounted on the ceiling or on the wall in a hall or other area having direct access to sleeping quarters. Detectors installed on the ceiling shall be located not less than eight inches from any wall or electrical outlet. Detectors located on the wall shall be at a point not less than six nor more than 12 inches from the ceiling. Subd 3. Smoke detectors required in this Section shall be permanently wired to a proper unswitched circuit. 208:39. CENTRAL FIRE ALARM SYSTEM. Every school building, dormitory, hospital, nursing, or rest home and such other similarly occupied and authorized premises which are designated in writing by the Hopkins Fire Marshal with notice to the owners thereof, shall not later than 30 days after the adoption of this ordinance • or of said notice, install and maintain a fire alarm system which is connected directly to a central alarm station or to the Hopkins Fire Department Dispatching Center. Any such structures erected or established after the passage of this ordinance shall be connected to the above described system before the commencement of any of the above use, or uses, therein. 208:42. FIRES OR BARBEQUES ON BALCONIES PROHIBITED. No person shall kindle, maintain, or permit any fire or open flame on any balcony of any multiple dwelling or apartment in any barbeque, torch, or other similar heating, burning, or lighting apparatus, equipment, or device except in those buildings defined and con- structed as Type I or Type II construction. -3- 208:45. FIRE LANES ON PRIVATE PROPERTY DEVOTED TO PUBLIC USE. Subd 1. Defined. Fire lanes, whenever used in this Ordinance, shall be those lanes over, across or upon any private property which the City Council of the City of Hopkins may, from time to time, upon recommendation of the City Manager, designate and establish by the adoption and the publication of a Resolution establishing their locations. Subd 2. Parking Prohibited. Any and all parking upon any fire lane is hereby, at all times, prohibited. Subd 3. Violation. Whenever any motor vehicle is found to be in violation of this Section, the Fire Chief, Fire Marshal, Superintendent of Police, or other police officers or agents, finding such vehicle, shall issue a parking citation which shall be conspicuously affixed to the vehicle. In addition thereto, any such vehicle may be impounded by such officer and ordered towed for storage or custody under the direction of the Superintendent of Police, all at the expense of the owner or operator of such vehicle. Any such vehicle thus impounded may be recovered by the owner upon his furnishing satisfactory evidence of identity and ownership, and the payment of the removal and such storage charges as are established by Contract by the City with a towing service company, and upon signing a proper receipt for such vehicle. The payment of such removal and storage charges shall be in addition to any fine or other penalty imposed for the violation of this Section. • Any vehicle parked in any fire lane at any time when such lane is used or necessary to be used in answering a fire call or other emergency, may be impounded or ordered impounded and moved as above described, by any member of the Hopkins Fire Department, in addition to any of the officials hereinabove named. Subd 4. Further Regulation. The City Council, upon request by the Fire Marshal, Fire Chief, or Superintendent of Police, may establish and adopt such further rules and conditions regulating the use of any fire lanes on private property. Subd 5. FIRE LANE VIOLATIONS. Any violation of any fire lane regulations or of this Section of this Ordinance, shall constitute a petty misdemeanor punishable by a fine of not less than $10.00. 208:48. MODIFICATIONS. The Fire Marshal shall have power to modify any of the provisions of the Fire Prevention Code upon application in writing by the owner or licensee or his duly authorized agent, wherein there are particular difficulties in the way of carrying out a strict interpretation of the Code, provided that the spirit of the Code shall be observed, public safety secured, and substantial compliance performed. The particulars of each such modification when granted or allowed, and the decision of the Fire Marshal thereon, 4111 shall be entered upon the records of the Bureau and a copy thereof furnished to each such applicant. -4- 208:51. NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS. The City Manager and the Fire Marshal shall act a a Committee to examine, determine, and specify any new materials, processes, or occupancies, 410 after due notice and opportunity to be heard thereon which upon approval shall thereafter be permitted in addition to those now enumerated in said Code. The Fire Marshal shall post such list of approved materials, processes, or occupancies on the bulletin board in the Hopkins City Hall and copies thereof shall be made available to all interested persons. 208:54. FIRE DISTRICTS AND ZONES. The entire incorporated area of the City of Hopkins is hereby decreed to be and is established as a Fire District and said Fire District shall be and is hereby divided into Fire Zone Nos. 2 and 3. Each such Fire Zone shall include such territory, areas or portions of said city as illustrated, outlined, and delineated on and as a part of the official Hopkins Zoning Map, and comprise and include the following Zoning use Districts: FIRE ZONE 2 is hereby defined, delineated, and established as all of those areas or parts of the City of Hopkins which on said Zoning Map are shown and zoned as being included in the B (Business) and I (Industrial) use Districts. FIRE ZONE 3 is hereby defined, delineated, and established as all of those areas or parts of the City of Hopkins which on said Zoning Map are shown and zoned as being included in the R (Residence) Districts . • For the purpose of this Section, the official Zoning Map of the City of Hopkins, as amended, which map is on file for public inspection in the office of the Hopkins City Clerk, is hereby adopted and made a part of this Ordinance by reference as the Hopkins Fire Zone Map with the same force and effect as though such map were herewith published verbatim. 208:57. 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 to be obtained 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. Such permits shall be issued by the City Clerk only after notice to and inspection and approval thereof by the Hopkins Fire Marshal. Fees or charges for such permits may be, from time to time, established by resolu- tion of the City Council. • 208:60. APPEALS. Whenever the Fire Marshal shall disapprove any application or refuse to grant a permit applied for or when it is claimed that the provisions of the Code do not apply, or that it has been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Marshal to the City Council within 30 days from the date of the Fire Marshal's decision. -5- 208:63. PENALTIES. Except as provided in Section 16 of this Ordinance, 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 order 411 made thereunder, or who shall build in violation of any detailed specifications or plans submitted and approved or any certificate or permit issued thereunder 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. 279 and 208:66. REPEALS. Hopkins Ordinance No./ 327 as amended by Ordinance No. 74-405, is hereby repealed. First read at a regular meeting of the Council of the City of Hopkins held on May 17, 1977, and finally read, approved, adopted and ordered published at a regular meeting of said Council of said City on the 7th day of June, 1977. JERRE A. MILLER • Mayor H.E. RICHARDSON, City Clerk JOSEPH C. VESELY, City Attorney Published in the HOPKINS SUN, June 15, 1977. • -6-