[HISTORY: Adopted by the Township Board of the Township of
Putnam 7-21-1993 by Ord. No. 25 (Ch. 8 of the 2004 Township Code).
Amendments noted where applicable.]
GENERAL REFERENCES
Municipal civil infractions — See Ch. 55.
The purpose of this chapter is to prohibit certain fires and
to control and regulate other fires by requiring permits before undertaking
burning; to provide reimbursement to the Township for hazardous and
toxic material cleanups; to provide for hours for burning; and to
provide penalties for the violation of the terms hereof.
A.
Paper products may be burned, without a permit, subject to compliance
with the remaining terms of this section.
B.
No person shall burn any paper products unless confined within a
fireproof container constructed of metal or masonry with an approved
spark arrestor with openings no larger than three-fourths of an inch.
C.
Hours of burning shall be from 7:00 a.m. to no later than 8:00 p.m.
D.
Burners of the metal drum or portable type shall not be located less
than 20 feet from any building or less than five feet from the adjoining
property line.
A.
No person shall, within the limits of the Township of Putnam, set
or cause to be set, burn or cause to be burned, at any time, brush,
grass, wood or garden debris unless such person first obtains from
Putnam Township a written permit for such fires.
No person, with or without a permit, shall burn any materials
not listed in the above sections.
A.
The following shall be jointly and severally liable to the Township
for the expenses incurred by the Township in rendering fire services
or in services to clean up a hazardous or toxic material incident:
(1)
Any individual setting a fire without a permit contrary to the provisions
of this chapter;
(2)
Any individual with a permit, setting a fire which becomes uncontrolled;
(3)
The owners of the real property at which such fire occurs; and
(4)
Any individual, partnership, corporation or other legal entity causing
a hazardous or toxic material incident.
B.
The Township Clerk shall forward an invoice for the actual expense
to the person or persons responsible for the payment of same.
C.
Payment shall be due no later than 30 calendar days following the
postmark on the envelope containing the invoice.
A.
The charges shall constitute a lien on the real property for which
the fire services or the services in connection with a toxic or hazardous
incident were rendered. If the total charges are not paid within 60
days after they are due, the Treasurer shall, prior to the first day
of September of each year, certify to the tax assessing officer of
the Township the facts of such delinquency, whereupon the Assessor
shall enter the delinquent amount on the next general tax roll as
a charge against the property, and the liens thereupon shall be enforced
in the same manner as provided by law for delinquent and unpaid taxes.
B.
The Township shall be empowered to initiate proceedings in any court of competent jurisdiction to collect said costs as a matured debt of the Township. This remedy shall be an addition to the lien provided in Subsection A of this section, and any other remedy now or hereafter given by Michigan law.
The charges that shall be assessed as actual expenses under
this chapter shall include: personnel expense; equipment expense;
and supplementary direct expense. The Board of Trustees shall consider
the following definitions in determining the costs to be imposed for
the fire services rendered by the Township:
A.
Personnel expense. The total composite wage and benefit cost of all
fire service personnel shall be determined by adding the personnel
expenses, as stated in an approved Township audit, plus a percentage
factor of the composite total to represent administrative costs. This
amount shall be divided by the total department runs accounted for
in the applicable fiscal year covered by the audit. The computed resulting
rate, as adopted by the Board of Trustees, shall be charged for each
hour, or portion thereof, in which department personnel remain in
service.
B.
Equipment expense. The total expense for the maintenance and operations
of all fire equipment and fire facilities shall be determined as stated
in the most recently approved Township audit, plus a 10% factor for
depreciation. This total shall be divided by the total number of runs
during the applicable fiscal year. This expense will be used to determine
the rate that will be charged for each run, as adopted by the Board
of Trustees.
C.
Supplementary direct expense. Any additional equipment, contract
services, manpower, suppression agents, technical services, dispatching
costs, cost of collection of charges, or other any direct expense
attributable to the particular run for which the Township incurs an
expense for use and/or replacement.
[Amended 4-19-2000 by Ord. No. 25A]
A.
Any person violating this chapter is responsible for a municipal civil infraction as provided in Chapter 55.
B.
Any person or entity guilty of violating this chapter shall also
be subject to civil proceedings for damages and/or injunctive relief
by the Township or by any person or entity injured or damaged by such
violation. Commencement of any such proceedings shall not constitute
an election of remedies.
C.
The penalties set forth above shall be in addition to the fire and
service charges as set forth above.
[Added 3-20-2013 by Ord.
No. 62]
A.
Adoption
of International Fire Code. The Township hereby adopts by reference
the 2009 International Fire Code issued by the International Code
Council, Inc., as if fully set forth herein, except those sections
herein deleted or amended. Upon the date that the 2012 International
Fire Code is adopted by the State of Michigan, the Township shall
be deemed to have adopted by reference the 2012 International Fire
Code without further action by the Township Board, with the amendments
and additions described in this section.
B.
Purpose.
The Township adopts the International Fire Code for the purpose of
regulating and governing the safeguarding of life and property from
fire and explosion hazards arising from the storage, handling and
use of hazardous substances, materials and devices and from conditions
hazardous to life or property in the occupancy of buildings and premises
in the Township; providing for the issuance of permits and collection
of fees therefor; and repealing all other ordinances and parts of
the ordinances in conflict therewith.
C.
Amendments.
The following sections of the 2009 International Fire Code are hereby
revised as follows:
(1)
Section 101.1 Title. These regulations shall be known as the
Fire Code of the Township of Putnam, hereinafter referred to as “this
code.”
(2)
Section 109.3 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, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be liable for a municipal civil infraction, punishable in the manner set forth in the Municipal Civil Infractions Ordinance, Chapter 55 of the Putnam Township Code of Ordinances, unless otherwise specified. In addition, the Township shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate remedy to compel compliance with this section. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The Township shall be entitled to recover its costs, including reasonable attorney fees, from any person that has violated or permitted the violation of any provision of this section.
(3)
Section 111.4 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 liable for a municipal civil infraction, punishable in the manner set forth in the Municipal Civil Infractions Ordinance, Chapter 55 of the Putnam Township Code of Ordinances, unless otherwise specified. In addition, the Township shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate remedy to compel compliance with this section. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The Township shall be entitled to recover its costs, including reasonable attorney fees, from any person that has violated or permitted the violation of any provision of this section.
(4)
Section 307.1.2 Local burning ordinances preserved. Nothing
in this code shall be construed as prohibiting the Township or the
Village of Pinckney ("Village"), which is served by the Putnam Township
Fire Department, from regulating matters of open burning by duly adopted
local ordinance, whether or not such ordinance predates the adoption
of this code. In the event of a conflict between this Code and the
ordinance in force and adopted by the Township or the Village, the
local ordinance shall be deemed to supersede this code and control,
for so long as it remains in force. Notwithstanding any superseding
local ordinance, however, the Fire Chief, Fire Marshal, or fire code
official shall retain the authorization under Section 307 of this
code to ban all open burning if conditions warrant.
(5)
Section 505.1 Address numbers. New and existing buildings
shall have approved numbers, building numbers, or approved building
identification placed in a position to be plainly legible and visible
from the street or road fronting this property. These numbers shall
contrast with their background. Address numbers shall be Arabic numbers
or alphabet letters. Numbers shall be a minimum of six inches high
with a minimum stroke of 0.5 inch for commercial/multifamily occupancies,
and a minimum of three inches high with a minimum stroke of 0.5 inches
for one- and two-family dwellings. Where access is by means of a private
road and the building cannot be viewed from the public way, a monument,
pole or other sign or means shall be used to identify the structure.
(6)
Geographical
limits. The geographic limits referred to in certain sections of the
2009 International Fire Code are hereby established as follows:
(a)
Section 3404.2.9.6.1 Locations where aboveground tanks are
prohibited. The storage of Class I and II liquids in aboveground
tanks outside of buildings is prohibited within all districts except
the C-1 (Local Business District), C-2 (General Business District),
and M-1 (Light Industrial District) Zoning Districts.
(b)
Section 3406.2.4.4
Locations where aboveground tanks are prohibited. The storage
of Class I and Class II liquids in aboveground tanks is prohibited
within all districts except the C-1 (Local Business District), C-2
(General Business District), and M-1 (Light Industrial District) Zoning
Districts.
(c)
Section 3506.2 Limitations. The storage of flammable
cryogenic fluids in stationary containers outside of buildings is
prohibited within all districts except the C-1 (Local Business District),
C-2 (General Business District), and M-1 (Light Industrial District)
Zoning Districts.
(d)
Section 3804.2 Maximum capacity within established limits. Within all districts except the C-1 (Local Business District), C-2
(General Business District), and M-1 (Light Industrial District) Zoning
Districts, the aggregate capacity of any one installation shall not
exceed a water capacity of 2,000 gallons (7,570 liters). Exception:
In particular installations, this capacity limit shall be determined
by the fire code official, after consideration of special features
such as topographical conditions, nature of occupancy, and proximity
to buildings, capacity of proposed LP-gas containers, degree of fire
protection to be provided and capabilities of the local fire department.
D.
Additions.
The Township hereby adds the following additional provisions to the
2009 International Fire Code:
(1)
Section 105.6.14.1 Permits fee. A minimum fee established
by the Putnam Township Fire Department may be applied to each type
of permit required by this code. Permits may be issued to single vendors
or entire events.
(2)
Section 105.6.20.1 An operational permit, once issued, shall
remain valid until revoked or until the occupancy for which the permit
was issued shall change ownership. Upon any change of ownership, a
new operational permit for the occupancy shall be required to store,
transport or site, dispense, use or handle hazardous materials in
excess of the amounts listed in Table 105.6.20. Notwithstanding the
fact that no additional permit need be issued, nor any further fee
charged, for a change in the operation or manner of storage, transportation,
dispensing, use or handling of the permitted hazardous substance,
nor for any change in the type of hazardous substance being so used,
any such change from the conditions of the original permit shall create
a duty on the permit holder to advise the Fire Marshal or code official
or his/her designee of such changes forthwith. Failure to comply with
this notification mandate may be cause for revocation of an operational
permit where the circumstances surrounding such permit have been changed
without notice to the Fire Marshal.
(3)
(4)
Section 107.7 False alarms; inspections; orders to correct. Upon the third false alarm received within a one-year period, the
occupant/owner shall be charged the total cost incurred, based on
the prices as described in this section. This cost shall include,
but not be limited to, all apparatus put into service and all personnel
responding to the call. The amount due to the Fire Department shall
be paid immediately upon demand by the Fire Department. Until paid,
the charge shall constitute a lien on the real and personal property
of the owner or lessee, and such lien shall be enforced in the same
manner as are delinquent taxes.
(a)
A charge will be imposed for each additional false alarm until a
period of one (1) year has passed without a false alarm. Furthermore,
the alarm system shall be required to be upgraded to meet the UL certification
requirements.
(b)
Upon written notice to the owner or lessee of the alarm system by
the Fire Marshal or fire code official, the owner or lessee shall
have the system inspected by an alarm system contractor who shall,
within fifteen days, file a written report to the Fire Marshal or
fire code official and the owner or lessee of the result of his/her
inspection, the probable cause of the false alarms and his/her recommendation
for eliminating false alarms.
(c)
Upon receipt of the report, the Fire Marshal or fire code official
shall forward the same to the owner or lessee, ordering corrections,
based upon recommendations contained in the report. The owner or lessee
shall have three working days from the receipt of the order to make
such corrections.
(5)
(6)
Section 307.6 Fire Department training. Open burning is allowed
for the purpose of training firefighters in fire-fighting practice,
or for the purpose of training the public, including workers or employees,
and for the purpose of demonstration by the fire official or other
trained fire personnel, when such burning is done in accordance with
accepted practice.
(7)
Section 901.4.5 Installations. Before any fire suppression
system or fire alarm system component is installed, enlarged, extended
or modified, a permit shall be obtained from the code official. This
shall include any device or relay connected to or controlled by the
fire suppression system. A qualified installer who is properly licensed
and/or certified to perform such work as determined by the code official
must perform all work. Construction documents shall be reviewed by
the code official prior to the issuance of the permit. Upon issuance
of the permit, the permit must be posted at the job site in plain
view.
(8)
Section 903.3.5.3 Required pressure margin. Due to unforeseeable
and changing conditions within the water supply, the code official
is authorized to require a pressure margin of up to 20 pounds over
the minimum design criteria for installed automatic fire sprinkler
systems. Where this margin cannot be achieved, approved means shall
be taken to provide this margin.
(9)
Section 907.7.6 Annunciation. Where fire suppression systems
exist in multitenant occupancies, i.e., strip malls, separate annunciation
shall be required for each separately addressed tenant space unless
otherwise approved by the code official.
E.
Copies
available. Complete printed copies of the International Fire Code
shall be kept in the office of the Township Clerk and shall be available
for inspection by and distribution to the public in accordance with
state law.
F.
Conflicts.
If a provision of the International Fire Code conflicts with a provision
of any ordinance of the Township, the provision that establishes the
higher standard for promotion or protection of the health and safety
of the people shall prevail. If a provision of the International Fire
Code conflicts with any local or state building code, the building
code shall take precedence.
