The Fire/EMS Department shall consist of a Chief, two Deputy
Chiefs and as many officers and men as the Chief deems necessary for
the effective operation of the Department.
The Chief shall be appointed by the Town Manager as stated in
Article III, Section 3(b), of the Council-Manager Charter of the Town
of Cumberland, Maine. The Chief shall appoint the Deputy Chiefs to
serve during his administration. The Captains shall be elected by
the members assigned to their respective stations at their annual
meeting for a period of one year. Lieutenants shall be appointed by
the Chief, Deputy Chiefs, and Captains as necessary.
The Town Manager shall appoint the Town Forest Fire Warden required
under the provisions of the general statutes from among the Fire/EMS
Chief and the officers of the various companies.
Any person or persons found guilty of a violation of this article
shall be fined not less than $5 nor more than $20 for each offense.
This article shall be known as the "Fire Protection Ordinance
of the Town of Cumberland, Maine" and shall be referred to herein
as "this article."
This article is adopted pursuant to home rule powers as provided
in Article VIII of the Maine Constitution and 30-A M.R.S.A. § 3001.
The purpose of this article is to protect the health, safety
and general welfare of the residents of Cumberland by establishing
fire protection measures for residential and commercial occupancies
to:
A. Provide for the protection and enhancement of life safety against
fire and its by-products to persons occupying new buildings in the
Town of Cumberland by improving the chances of emergency escape.
B. Ensure the reasonable protection and safety of firefighters against
building collapse and other effects of fires.
C. Better facilitate the needs of a volunteer fire department response.
D. Ensure that sound engineering practices are utilized when installing
fire protection systems.
As used in this article, the following terms shall have the
meanings indicated:
APPROVED
Acceptable to the authority having jurisdiction.
COMMERCIAL PROPERTY
Any building designed for the following occupancy use(s):
business, educational, industrial, health care, public assembly, day
care, lodging/rooming, mercantile, apartment, hotel, detention, board
and care, storage or any combination thereof as defined by the National
Fire Protection Association Life Safety Code.
DRY HYDRANT
A drafting source for Fire/EMS Department apparatus connected
to either an underground storage tank or a body of water. Each hydrant
shall be equipped with a male four-and-five-tenths-inch national standard
thread (NST) fire department connection with a reducing male two-and-five-tenths-inch
NST connection with cap and chain. This connection shall be located
within six feet from pavement for support of fire apparatus. The center
of the cap shall be 30 inches from the final grade. There must be
six feet of level ground around the hydrant. Protective posts shall
be approved by the Fire/EMS Department. All vertical pipe components
and the hydrant shall not be plastic. The design of the hydrant, associated
components and piping shall be approved by a licensed engineer. The
Public Services Director and the Fire/EMS Chief, or their designees,
shall approve access roads, protection from vehicular traffic, signage,
gates, painting of the hydrant, and any other associated items. Access
roads must be maintained year round and will be the responsibility
of the developer.
DWELLING UNIT
A room or group of rooms designed and equipped exclusively
for use as living quarters for a family, including provisions for
living, sleeping, cooking and eating. The term shall include, but
not be limited to, manufactured housing, modular/mobile homes, apartment
units, duplexes and multiplexes and condominium units. The term shall
not include trailers or recreational vehicles used for overnight or
temporary lodging only.
FIRE POND
A body of water containing at a minimum 120,000 gallons of
usable water for fire protection. A hydrologic study shall be performed
by a licensed engineer to certify the availability of the 120,000
gallons of water during all conditions, including drought and freezing
temperatures. Ponds to be considered shall have been in place prior
to October 6, 2003.
MAJOR SUBDIVISION
A Town of Cumberland Planning Board approved subdivision
with five or more residential occupancies.
MINOR SUBDIVISION
A Town of Cumberland Planning Board approved subdivision
with four or fewer dwelling units.
MONITORED FIRE ALARM SYSTEM
An approved automatic fire alarm system, with battery backup,
shall be capable of detecting the presence of elevated heat temperatures,
smoke conditions or sprinkler system water flow within a building
and have the capability of calling an approved fire alarm monitoring
company. The system shall meet all of the requirements as outlined
in the National Fire Alarm Code.
PUBLIC WATER SYSTEM
Water system maintained by the Portland Water District, including
water mains and fire hydrants.
SPRINKLER SYSTEM
An approved automatic fire protection sprinkler system shall
be capable of immediately supplying water to a fire without human
intervention. The system shall meet all of the requirements as outlined
in the applicable National Fire Protection Association (NFPA) standard.
These standards shall include NFPA 13, NFPA 13R or NFPA 13D. The system
design is required by state law to be permitted by the State Fire
Marshal's office prior to installation.
SUBDIVISION
A subdivision shall be defined by 30-A M.R.S.A. § 4401
and as amended from time to time. For the purposes of this article,
"subdivision" shall mean only those approved by the Planning Board
after March 6, 1959. In addition, any lots shown on a subdivision
plan but not subject to Planning Board review shall not be considered
a lot in a subdivision.
UNDERGROUND STORAGE TANK
A tank or network of tanks located in the ground serving
the sole purpose of supplying at a minimum 30,000 gallons of water
for fire protection purposes.
All applications shall contain a fire protection water supply
plan with profiles designed and stamped by a State of Maine registered
professional engineer. A State of Maine registered professional engineer
shall also approve the installation of all components of the tank(s)
and hydrant system. This plan shall show the fire pond or existing
water body, spring, well point, or pumping facility; overflow system;
security fence; access road; dry hydrant(s); associated piping and
materials; easements; and other elements of the proposed water supply
system or other means of providing fire protection as approved by
the Fire/EMS Chief. In addition, the engineer shall provide a written
narrative describing the materials and methods used in the water supply
system, and supportive documentation for the proper sizing of the
system shall accompany the plan.
This article shall apply to all new commercial buildings in
excess of 4,000 square feet and all new residential dwelling units
in major subdivisions (including manufactured housing) within the
Town of Cumberland. No new dwelling unit or commercial property that
fails to meet the requirements of this article shall be constructed
or placed within the Town of Cumberland. The Planning Board, after
review by the Fire/EMS Department, may impose additional requirements
for projects with multifamily dwelling units or single-family dwellings
separated by less than 100 feet.
This article shall not apply to the following:
A. The repair, replacement, reconstruction or alteration of any existing
building or structure, provided that the number of dwellings units
is not increased, regardless of the need for a variance.
B. Minor subdivisions and any new residential units that are not located
within a major subdivision (five or more dwelling units).
This article shall not repeal, annul, or otherwise impair or
remove the necessity of compliance with any federal, state or other
local laws, codes or ordinances. Where this article imposes a greater
restriction upon the use of land, buildings, or structures, the provisions
of this article shall prevail.
This article shall be reviewed by the Town Council in September 2007 to assess the efficacy of this article and shall be reviewed by the Planning Board periodically (but not less frequently than once every three years). Based on its review the Planning Board may recommend amending this article as provided in §
96-17, Amendments.
An amendment to this article may be initiated by one of the
following:
C. The residents, pursuant to Article X, Section 2, of the Town Charter.
When a violation of any provision of this article shall be found,
the Code Enforcement Officer shall send a written notice of the violation
to the responsible party or parties and shall notify the Town Council
of the violation. If the notice does not result in the correction
of the violation, the Town Council may institute any and all actions
and proceedings, either legal or equitable, including seeking injunctive
relief, the imposition of fines, removal of the structure, or other
action that may be appropriate or necessary, to enforce the provisions
of this article. The remedies set forth herein are intended to be
cumulative and not exclusive of each other. The Town Council is authorized
to enter into administrative consent orders to eliminate violations
with or without court action. Such agreement shall not allow an illegal
structure or use to continue.
The Board of Adjustment and Appeals, in accordance with Chapter
315, Zoning, §
315-77, may, upon written application of an aggrieved party and after public notice, hear appeals from determinations of the Code Enforcement Officer in the administration of this article. Following such hearing, the Board of Adjustment and Appeals may reverse the decision of the Code Enforcement Officer only upon a finding that the decision is clearly contrary to the specific provisions of this article.