[Ord. No. 852; Ord. No. 1499, § 2, 3-19-2008; amended 9-3-2014 by Ord. No. 1635]
Pursuant to the power granted to cities by Section 3(k) of Act No. 279 of the Public Acts of 1909, as amended, MCLA § 117.3(k) and Section 5.9 of the Holland City Charter, the International Fire Code, 2012 Edition (including Appendix Chapters A, B, C, D, E, F and G), as published by International Code Council, 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 City of Holland; and providing for the issuance of permits and collection of fees therefor, is hereby adopted by reference and made a part hereof as if fully set forth in this article. Complete printed copies of the Fire Code adopted herein are available for public use and inspection at the office of the City Clerk or at another office designated by the City Clerk.
[Ord. No. 852; amended by Ord. No. 1499, § 3, 3-19-2008; 9-3-2014 by Ord. No. 1635; 7-21-2021 by Ord. No. 1798]
The following sections and subsections of the International
Fire Code, 2012 Edition, referred to in Subsections (a) through (m)
below are hereby amended as set forth herein. The following section
and subsection numbers refer to like numbers of sections and subsections
of the International Fire Code, 2012 Edition:
(a)
Section 101.1 is amended to read as follows:
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101.1 Title. These regulations adopted by reference in Section 11-18 of the City of Holland Code shall be known as the Fire Prevention Code of the City and are herein referred to as "the Code" or "this Code."
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(b)
Section 103.2 is amended to read as follows:
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103.2 Appointment. The Public Safety Director,
Fire Operations Captain, Fire Marshal, and Fire Inspector are each
designated as "Fire Code Official" under this code.
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(c)
Section 105.1.1 is amended to read as follows:
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105.1.1 Permits required. Any property owner or
authorized agent who intends to conduct an operation or business,
or install or modify systems and equipment which is regulated by this
code shall obtain a permit by the fire code official, or other City
department as directed by the fire code official. Permit fees, if
any, shall be paid prior to issuance of the permit. Issued permits
shall be kept on the premises designated therein at all times and
shall be readily available for inspection by the fire code official.
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(d)
Section 105.3.3 is amended to read as follows:
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105.3.3 Occupancy prohibited before approval. The
building or structure shall not be occupied prior to the Fire Code
Official issuing a permit and conducting associated inspections that
indicate the applicable provisions of this Code have been met. Provided,
however, that nothing in this section, Section 105.3.4 or any other
section of this Code shall authorize a building or structure to be
occupied without meeting all other applicable occupancy permit requirements
of the City of Holland.
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(e)
Section 109.4 is amended to read follows:
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109.4 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 guilty of a Class III municipal civil infraction and subject to the civil fines set forth in the schedule of civil fines in Section 2-118 of the Holland City Code and shall be subject to any other relief that may be imposed by a court for such conduct, which shall also be considered a nuisance per se. Each act of violation and each day upon which such violation occurs shall constitute a separate violation.
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(f)
Section 111.4 is amended to read as follows:
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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 guilty of a Class III municipal civil infraction and subject to the civil fines set forth in the schedule of civil fines in Section 2-118 of the Holland City Code and shall be subject to any other relief that may be imposed by a court for such conduct, which shall also be considered a nuisance per se.
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(g)
Section 505.1 (Premises identification) is deleted in its entirety and is replaced with the requirements of Chapter 6, of the Holland City Code entitled "Numbering Buildings."
(i)
Section 5003.3 (Release of hazardous materials); Section 5003.3.1 (Unauthorized discharges); Section 5003.3.1.1 (Records); Section 5003.3.1.2 (Preparation); Section 5003.3.1.3 (Control); and Section 5003.3.1.4 (Responsibility for cleanup) are deleted in their entirety and are replaced with the requirements of Chapter 11, Article V, of the Holland City Code entitled "Discharge of Hazardous/Toxic Material."
(j)
Section 5504.3.1.1 is amended to read as follows:
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5504.3.1.1 Location. Stationary containers shall
be separated from exposure hazards in accordance with the provisions
applicable to the type of fluid contained and the minimum separation
distances indicated in Table 5504.3.1.1. Containers of cryogenic fluids
shall not be located within dyked areas containing other hazardous
materials. Storage of flammable cryogenic fluids in stationary containers
outside of buildings is prohibited within any residential zone district
in the City or upon which a dwelling unit is located.
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(k)
Section 5704.2.9.6.1 is amended to read as follows:
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5704.2.9.6.1 Locations where aboveground tanks are prohibited. Storage of Class I and Class II liquids in aboveground tanks outside
of buildings is prohibited within any residential zone district in
the City or at any nonagricultural zoned parcel upon which a dwelling
unit is located.
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(l)
Section 5706.2.4.4 is amended to read as follows:
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5706.2.4.4 Locations where aboveground tanks are prohibited. The storage of Class I and Class II liquids in aboveground tanks
is prohibited within any residential zone district in the City or
at any nonagricultural zoned parcel upon which a dwelling unit is
located.
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(m)
Section 6104.2 is amended to read follows:
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6104.2 Maximum capacity within established limits. Within residential zone district in the City or at any nonagricultural
zoned parcel upon which a dwelling unit is located, the aggregate
capacity of any one installation of liquefied petroleum gas shall
not exceed a water capacity of 2,000 gallons.
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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 containers, degree
of fire protection to be provided, and capabilities of the local Fire
Department.
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[Ord. No. 852; Ord. No. 932, 11-4-1987]
For the purposes of Sections 11-21 through 11-27, the following words and phrases shall have the meanings respectively ascribed to them by this section:
All devices or systems which comply with the specifications
of the Underwriters Laboratories, Inc., or any other nationally recognized
laboratory standards and bear a label indicating that the detector
has been so listed and approved.
Shall have the same meaning as used in Section 14-4.6 of this Code.
For the purposes of Section 11-25, any defect or other problem with a smoke detector or smoke detection system; except, that such term shall not include dead, weak or defective batteries.
A building containing one or more dwelling units and a business
other than a home occupation.
The person who holds legal title to the premises; however,
should a land contract be in existence, the land contract purchaser
shall be considered the owner.
Any residence apartment, flat, motel room, hotel room, boarding
room or boardinghouse for which consideration is paid by one person
to another for use or occupancy thereof.
Any assembly incorporating the approved smoke detector, control
equipment and the signaling device in one unit, operating from a power
supply either in the unit or obtained at the point of installation.
One or more smoke detectors in any system composed of self-supervised
smoke detection and signaling devices operating on an approved, permanently
wired electric circuit, so arranged that the activation of any one
smoke detection device will activate all signaling devices throughout
the building.
An instrument which detects visible or invisible particles
of combustion and activates a signaling device.
This use group shall include all hotel, motel and dormitory
buildings arranged for the shelter and sleeping accommodations of
more than 20 individuals.
This use group shall include all multiple-family dwellings
having more than two dwelling units and all dormitories, boarding
and lodging houses arranged for shelter and sleeping accommodations
of more than five and not more than 20 individuals.
This use group shall include all buildings arranged for the
use of one-family or two-family dwelling units, including not more
than five lodgers or boarders per family or any dwelling not included
in use group R-1 or R-2.
[Ord. No. 852; Ord. No. 932, 11-4-1987]
All new and existing structures used as dwellings in use groups
R-1, R-2 and R-3 and mixed occupancy dwellings shall have approved
smoke detectors installed by the owner, in accordance with the following
requirements:
(a)
A structure in use group R-1 shall have a minimum of one single station
smoke detector in each guest room, suite or sleeping area.
(b)
Each building in use groups R-2 and R-3 shall have at least one single
station smoke detector for each level on which there are bedrooms.
The smoke detectors shall be in the immediate vicinity of the bedrooms.
In addition, the owners of any new or converted dwellings shall comply
with the smoke detector requirements of the building and other codes
adopted by the City of Holland.
(c)
The installation and maintenance of all smoke detectors shall be
in accordance with the manufacturer's recommendations and with the
requirements of the National Fire Protection Association's Pamphlet
Number 74, as may be amended.
(d)
The owner of any existing rental structure in use groups R-1, R-2
or R-3 shall have until November 15, 1984, to comply with this section.
The owner of any existing single-family dwelling not used as a rental
unit shall have until January 31, 1988, to comply with this section.
The owners of all other dwellings shall comply with this section prior
to occupancy.
(e)
The owner of property covered by this section shall be deemed to have complied with the maintenance requirement set forth in Subsection (c) if he or she corrects any malfunctions of which he or she has actual knowledge or which are reported by the tenant pursuant to Section 11-25 and if such corrective action is taken as soon as reasonable and practical under the circumstances.
[Ord. No. 852]
The Chief of the Fire Department or his or her duly authorized representative may waive the requirements of Sections 11-20 to 11-27 upon approval and installation of an alternate form of smoke detector or system designed to adequately safeguard the safety of the occupants of the particular dwelling. Any person requesting approval of an alternate form of smoke detector or system shall submit adequate proof to the Fire Chief or his or her duly authorized representative showing that the alternate system adequately safeguards the occupants of the dwelling.
[Ord. No. 852]
If any smoke detector device is directly connected to the electrical system of a building, the person installing the device shall comply with the provisions of Chapter 9 of this Code dealing with electricity and shall obtain an electrical permit. A permit shall not be required for installation of a battery-powered single station alarm device.
[Ord. No. 852]
No person shall tamper with or interfere with the operation
or effectiveness of a smoke detector.
[Ord. No. 852]
A tenant shall immediately notify the property owner or an agent
thereof upon discovery of a malfunctioning or inoperable smoke detector
or smoke detection system.
[Ord. No. 853]
[Ord. No. 852; Ord. No. 861]
Any person who shall violate or fail to comply with the provisions of Section 11-21, 11-23 or 11-24 shall be deemed guilty of a misdemeanor, punishable by a fine not to exceed $500 or imprisonment not to exceed 90 days, or both. In addition, the violation of such sections shall be deemed a nuisance per se, subject to abatement as provided in this Code and by state law.
