Appeals. Appeals from a decision
of the Code Official under the provisions of this code shall be heard
by the Building and Safety Appeal Board as established in Section
18-600 of Chapter 18, Article XI, of the Michigan Building Code.
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Violation penalties. Persons who
shall violate a provision of this code or shall fail to comply with
any of the requirements thereof or who shall erect, install, alter,
or repair or do work in violation of the approved construction documents
or directive of the Code Official, or of a permit or certificate used
under provisions of this code, shall be responsible for a violation
of a municipal civil infraction. Each day that violation continues
after due notice has been served shall be deemed a separate offense.
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Failure to comply. Any person who
shall continue any work after having been served with a stop-work
order, except such work as that person is directed to perform to remove
a violation or unsafe condition, shall be responsible for a municipal
civil infraction.
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Authority and criteria for establishing
fire lanes. The Fire Official shall be responsible for establishing
fire lanes on private property within the City of Rockwood. The following
criteria shall be used in determining the necessity of said fire lanes.
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1.
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Fire lanes shall be established, as deemed necessary,
at the following locations:
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(a)
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Apartment complexes.
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(b)
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Auditoriums.
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(c)
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Churches.
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(d)
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Hospitals, convalescent homes, nursing homes,
etc.
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(e)
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Hotels, motels, boarding houses, etc.
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(f)
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Manufacturing sites.
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(g)
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Multiple private residential areas.
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(h)
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Shopping centers.
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(i)
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Office buildings.
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(j)
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Thoroughfares, roads and streets too narrow
for safe passage, including all such public roads which do not exceed
22 feet in width upon which both sides may be deemed fire lanes and
such public roadways which do not exceed 32 feet in width upon which
the fire hydrant side may be deemed a fire lane.
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2.
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The necessity of access into the above-enumerated
areas from public thoroughfares.
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3.
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The necessity of traffic lanes free from parked
vehicles both to and around the above-enumerated establishments capable
of handling City fire vehicles. This determination shall be made in
accordance with the above criteria:
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(a)
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Whenever the Fire Official deems such lanes
necessary for the safety of occupants and property of the above-enumerated
establishments; or
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(b)
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When, after petitioned by a private lane owner
or his authorized representative to have said fire lanes established
on his or her property; or
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(c)
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Upon public thoroughfares, roads, and streets
whenever the Fire Official deems such lanes necessary for the safety
of people or property.
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4.
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This article shall apply to all such existing
facilities within the City of Rockwood and new construction sites
or modification of existing structures. It shall be the duty of the
Fire Official to notify the landowner of any such property whereon
fire lanes are established, by mailing notice of same to the address
of the owner as found in the records of the City Assessor.
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Posting, uniformity, responsibility.
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1.
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All fire lanes shall be conspicuously posted
with uniform fire lane signs in keeping with the standard established
in the Michigan Manual of Uniform Traffic Control Devices as revised
and prescribed by the Fire Official and erected no further than 100
feet apart in all areas designated as fire lanes. Signs may be requried
to be double-sided. The erection and maintenance of said signs shall
be the responsibility of the property owner with regard to private
property and the responsibility of the City with regard to public
property. Any owner who, upon notification that a fire lane has been
established on his property and within 30 days thereof, fails to erect
uniform fire lane signs shall be in violation of this article and
subject to punishment as provided by this code. Further, when said
signs are not erected within 30 days of notification, the City Council
may direct said signs to be erected and the cost thereof assessed
against the property on the next general assessment roll of the City.
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The legends used shall contain the words "Fire
Lane" along with a basic "No Parking or Standing" or "No Standing
or Parking" prohibitive message. The exceptions to this designation
will occur when loading zones (either commercial, service or passenger)
or taxicab standing zones are required for the operation of the property,
and when such zones or areas do not impede emergency vehicle access,
as determined by the Fire Official. In these instances, appropriate
signs in keeping with the standards delineated by the Michigan Manual
of Uniform Traffic Control Devices, containing such legends as "No
Parking - Loading Zone," or "No Parking - Loading Zone - 5 Minute
Limit," or "No Parking - Taxicab Stand" shall be posted.
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2.
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Exceptions. Should it become necessary in the
interest of the public peace, health, safety or welfare, the Fire
Official may grant permission for parking of certain vehicles, objects
or trailers in designated fire lanes for limited periods where such
parking will not interfere with the usage of the fire lane by emergency
vehicles. Whenever such permission is granted, a record of same shall
be kept by the Department. In conjunction with such permission, the
Department shall furnish a sign to be posted conspicuously on the
vehicle, object or trailer stating that permission to so park has
been granted and the duration that it may remain so parked.
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3.
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Guidelines for fire lanes; new construction
and modification of existing structures. It shall be the duty of the
Fire Official to establish guidelines for use in determining the need
for fire lanes on all new construction sites and a modification of
existing structures. These guidelines shall include those criteria
found in Section 503 and Appendix D of the International Fire Code,
2009 Edition, and shall further include minimum dimensions for said
fire lanes so as to provide adequate maneuverability for City fire
vehicles during the construction phases of the project. The Fire Official
shall make a check of all plans for such building or alterations upon
submission of same by the Building Department. The Fire Official shall
either approve or reject such plans within 20 days of such submission
and, if rejected, shall state the reasons for same. After rejection,
such plans may be resubmitted for approval after the necessary changes
have been made.
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4.
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Enforcement responsibility. The Fire Official
is hereby empowered to issue an ordinance violation ticket to the
owner or operator of the property at any time should the necessary
signage as described in Section 503.3 be missing, improperly installed,
in poor repair, or otherwise in such condition as to not convey the
intended message to a reasonably observant and prudent person. A further
ordinance violation ticket may be issued to the owner or operator
of the property at any time should certain vehicles, objects or trailers
be parked or placed in the designated fire lanes without first having
been approved and a permit issued, as delineated in Section 503.3.
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The Police Department or its designated and
duly authorized agent is empowered to enforce the fire lane restrictions
by the issuance of traffic citations for those prohibitions established
by the Fire Official and shall be the primary agent for all such enforcement
efforts.
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The Fire Official is further hereby empowered
to issue standard traffic violations as are currently in regular use
by the Ordinance Enforcement Department to vehicles found parked or
standing in violation of the posted prohibitions as supplement to
their normal investigative reviews of various designated sites.
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5.
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Removal from fire lanes. When any member of
the Rockwood Fire Department or the Rockwood Ordinance Enforcement
Authority shall observe any vehicle, trailer or other object parked
in a fire lane as herein established, any of the foregoing shall remove
such vehicle, trailer or other object or shall cause same to be moved
at the expense of the owner. If any vehicle, trailer or other object
is so located within a fire lane at the time the Fire Department is
responding to an alarm for any reason which necessitates use of such
fire lane, then any member or members of the aforesaid agencies may
move or cause same to be moved by any means possible without liability
for any damage being incurred by the City of Rockwood or any officer,
agent or employee thereof.
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6.
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Appeal. Notwithstanding the provisions found
in any section of this chapter, the following shall be the method
of appeal from any decision of the Fire Official as it may pertain
to the article:
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If any landowner is aggrieved by any decision
as to the establishment of a fire lane, the landowner, within 30 days
of the date of mailing of the fire lane establishment notice as provided
herein or of denial of a petition to establish a fire lane, may file
with the Fire Official a written exception to such decision together
with a reason for same. Within 10 days from the date of receipt of
such exception by the Code Official, he shall, after consideration
of the reasons for such exceptions, affirm, modify or rescind the
original appeal decision. If the aggrieved party is still without
satisfaction, an appeal may be filed with the Board of Appeals established
in Section 18-600, Chapter 18, Article XI, of the Michigan Building
Code.
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Establishment of limits. That the
limits referred to in Section 3304 of this code in which the storage
of explosive materials is prohibited shall be established pursuant
to resolution of the City Council as recommended by the Director of
Building and Safety after consultation with the Fire Chief.
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Storage of Class I and II liquids in aboveground
storage tanks outside of building is prohibited in or within 500 feet
of any property zoned or used for residential purposes.
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Location where aboveground tanks are prohibited. The storage of Class I and II liquids in aboveground tanks is prohibited
in or within 500 feet of any property zoned or used for residential
purposes.
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Limitations. Storage of flammable
cryogenic fluids in stationary containers outside buildings is prohibited
in or within 500 feet of any property zoned or used for residential
purposes.
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Maximum capacity within established limits. That the limits referred to in Section 3804 of this code in which
the storage of liquefied petroleum gas is prohibited shall be established
pursuant to resolution of the City Council as recommended by the Director
of Building and Safety after consultation with the Fire Chief.
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Referenced Standards. The Reference Standards of the Code shall
be modified as follows:
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ICCEC-09 International Electrical Code shall refer to the Michigan
Electrical Code;
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IBC-09 International Building Code shall refer to the Michigan
Building Code;
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IEBC-09 International Existing Building Code shall refer to
the Michigan Rehabilitation Code for Existing Buildings;
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IMC-09 International Mechanical Code shall refer to the Michigan
Mechanical Code;
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IPC-09 International Plumbing Code shall refer to the Michigan
Plumbing Code; and
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IRC-09 International Residential Code shall refer to the Michigan
Residential Code.
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