[Ord. No. 77,
§ 2, eff. 3-12-1982]
This article is adopted pursuant to and in accordance with the
provisions of Act No. 33 of the Public Acts of Michigan of 1951 (MCL
41.801 et seq.), as amended, and, subject to the provisions of Act
No. 300 of the Public Acts of Michigan of 1949 (MCL 257.1 et seq.),
as amended, also in accordance with the provisions of Act No. 246
of the Public Acts of Michigan of 1945 (MCL 41.181 et seq.), as amended.
(a)
International Fire Code 2015 adopted. The International Fire Code,
2015 Edition, including its appendices, as published by the International
Code Council, is adopted and incorporated in its entirety herein,
except for those deletions and additions set forth below. References
in the Code to the "state" shall refer to the State of Michigan. References
to the "name of the municipality" shall refer to the Charter Township
of Chesterfield, Macomb County, Michigan. References to the "local
ordinances" shall refer to the Chesterfield Township Ordinances and
Code of Ordinances as are from time to time in effect.
(b)
Availability of copies of International Fire Code, 2015 Edition.
Printed copies of the International Fire Code, 2015 Edition and its
appendices are kept in the Charter Township of Chesterfield offices
and are available for public use and inspection during regular business
hours. A copy of the International Fire Code in its entirety can also
be found on the Township's website.
(c)
Additions, Insertions, Deletions, and Changes to the International
Fire Code, 2015 Edition. The Charter Township of Chesterfield adopts
the additions, insertions, deletions, and changes from the International
Fire Code, 2015 Edition set forth below. Subsequent section numbers
used in this section shall refer to the like numbered sections of
the International Fire Code, 2015 Edition.
(d)
Amendments to the International Fire Code, 2015 Edition. The following
sections of the International Fire Code, 2015 Edition shall be amended
or revised as follows:
(1)
Section 101.1 shall be amended to read as follows:
101.1 Title. These regulations shall be known as
the Fire Prevention Code of the Charter Township of Chesterfield hereinafter
referred to as "this Code."
(2)
Section 102.7 shall be amended to read as follows:
102.7 Referenced Codes and Standards. The codes
and standards referenced in this Code shall include those listed in
Chapter 80 of the International Fire Code, and such codes and standards
shall be considered part of the requirements of this Code to the prescribed
extent of each such reference and as further regulated in Sections
102.7.1 and 102.7.2.
(3)
Section 103.1 shall be amended to read as follows:
103.1 General. The Charter Township of Chesterfield
Fire Department shall be responsible for fire prevention inspection
activities and code enforcement of buildings and occupancies as related
to the risk of fire or explosion within the Charter Township of Chesterfield
Fire Department. The Department of Fire Prevention is established
within the jurisdiction under the direction of the Code Official.
The function of the Department shall be the implementation, administration
and enforcement of the provisions of this code and the codes and standards
referenced in Chapter 80 of this code.
(4)
Section 103.5 shall be added and read as follows:
103.5 Fee Schedule. The Charter Township of Chesterfield
Board shall establish, by resolution, a fee schedule for the inspection,
plan review, and special commercial training services provided by
the Charter Township of Chesterfield Fire Department. Fees shall be
paid in advance of services being provided.
(5)
Section 109.4 shall be amended to reads as follows:
109.4 Violation Penalties. Persons who shall violate
a provision of this Code of Ordinances 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 misdemeanor,
punishable by a fine of not more than $500 or by imprisonment not
exceeding 90 days, or by both such fine and imprisonment. Each day
that such a violation continues shall be deemed a separate offense.
(6)
Section 111.4 shall be amended to read as follows:
111.4 Failure to Comply. Any person that 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 misdemeanor, punishable
by a fine of not more than $500 or by imprisonment not exceeding 90
days, or by both such fine and imprisonment. Each day that such a
violation continues shall be deemed a separate offense.
(7)
Section 202, General Definitions, shall be amended and the following
definitions shall have the following meanings:
a.
Fire Code Official. The Fire Chief, Fire Marshal,
Code Enforcement Officer, or other designated authority charged by
the Township with the duties of administration and enforcement of
the code, or duly authorized representative. The term "Fire Code Official"
may be used interchangeably with "Code Official" and "Fire Official"
in this code.
b.
Fire Watch. A temporary measure intended to ensure
continuous and systematic surveillance of a building or portion thereof
by one or more qualified individuals for the purposes of identifying
and controlling fire hazards, detecting early signs of unwanted fire,
raising an alarm of fire and notifying the Fire Department by method(s)
approved or recommended by the Fire Code Official.
(8)
Section 304.2 shall be amended to read as follows:
304.2 Storage. Storage of combustible rubbish or
other combustible materials, such as pallets, crates, boxes, etc.,
shall not produce conditions that will create a nuisance or a hazard
to the public health, safety or welfare and shall not be within 15
feet of a structure.
(10)
Section 315.3.3.1 shall be added and read as follows:
315.3.3.1 Separation. Outside storage shall not
be located within 15 feet of a structure.
(11)
Section 503.6 shall be amended to read as follows:
503.6 Security Gates. The installation of security
gates across a fire apparatus access road shall be approved by the
Fire Code Official. Where security gates are installed, they shall
have an approved means of emergency operation. The security gates
and the emergency operation shall be maintained operational at all
times. Electric gate operators, where provided, shall be listed in
accordance with UL 325. Gates intended for automatic operation shall
be designed, constructed and installed to comply with the requirements
of ASTM F2200. All electric gates shall be provided with a siren-operated
sensor (SOS) gate opener. The gate shall remain in the open position
until manually reset.
(12)
Section 503.7 shall be amended to read as follows:
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503.7 Emergency Vehicle Access. Emergency vehicle
access (EVA) shall be determined and approved by the Fire Code Official.
Unless otherwise required, EVAs shall be of the following specifications:
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1.
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Minimum of 20 wide.
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2.
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Surface capable of supporting the weight of fire apparatus up
to 60,000 pounds GVW.
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3.
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Minimum grade changes to accommodate fire apparatus undercarriage
ground clearances.
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4.
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Mountable curb at entrance/exit with adequate turning radii
to and from the EVA.
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5.
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Standard fire lane signage posted at entrance/exit to EVA.
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6.
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EVA signage posted at entrance/exit of EVA, on both sides of
surface, every 50 feet (15,240 mm) for length of EVA.
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7.
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EVA signage to withstand snow removal/landscape maintenance
efforts.
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8.
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EVA to be kept clear of snow and vegetation. If the EVA is not
maintained, the Code Official shall notify the property owner and
allow 24 hours to clear the EVA, if the EVA is not cleared within
the 24 hours, the Code Official may contact the DPW to have the EVA
cleared, and the property owner shall be responsible for any cost
to clear the EVA.
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(13)
Section 505.1 shall be amended to read as follows:
505.1 Address Identification. New and existing
buildings shall be provided with approved address identification.
The address identification shall be legible placed in a position that
is visible from the street or road fronting the property. Address
identification characters shall contrast with their background. Address
numbers shall be Arabic numbers or alphabetical letters. Numbers shall
not be spelled out. Each character shall be not less than six inches
high with a minimum stroke width of one inch. Where required by the
Fire Code Official, address identification shall be provided in additional
approved locations to facilitate emergency response. 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. Address identification shall be maintained.
(14)
Section 901.4.4.1 shall be added and read as follows:
901.4.4.1 Buildings Having Two or More Floors. Shall
install a two-and-one-half-inch hose connection at each floor stairwell
in a location determined by the Fire Code Official. In buildings with
multiple tenant spaces (strip center) that require a fire protection
system, each tenant space shall have a check valve, control valve,
and flow switch. Buildings two stories or more shall be required to
have a check valve, control valve, and flow switch on each floor for
separate zone control.
(15)
Section 903.3.5.3 shall be added and read as follows:
903.3.5.3 Required Pressure Margin. The Code Official
is authorized to require a pressure margin of up to 10% 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.
(16)
Section 904.3.5 shall be amended to read as follows:
904.3.5 Monitoring. Automatic fire extinguishing
systems shall be monitored by a supervising station in accordance
with NFPA 72 as approved by the Code Official. Where a building fire
alarm system is installed, automatic fire extinguishing systems shall
be monitored by the building fire alarm system in accordance with
NFPA 72 and shall automatically annunciate their location at the building's
fire alarm control panel, and activate the building's appropriate
fire protective signaling sequence.
(17)
Section 907.6.3.1.1 shall be added and read as follows:
907.6.3.1.1 Alarm Silencing. Alarm silencing shall
not cancel the activated strobes or visual warning devices.
(18)
Chapter 80, listing the standards that are referenced in various
sections of the ordinances, is hereby amended to include the following,
together with any of their amendments:
a.
State of Michigan Laws, Rules or Requirements, including but
not necessarily limited to the following with amendments:
[1]
Editor's Note: This ordinance also repealed former § 38-67,
adopted by Ord. No. 77, effective 3-12-1982, as amended by Ord. No.
77-1, effective 3-15-1985, Ord. No. 77-2, effective 6-14-1985, Ord.
No. 77-3, effective 6-19-1991, Ord. No. 77-05, effective 2-19-1996
and Ord. No. 77-6, effective 9-16-1998, which provided for the adoption
of the National Fire Prevention Code/Fire Prevention regulations/National
Fire Protection Association 101 Life Safety Code.
[Ord. No. 77,
§ 4, eff. 3-12-1982]
The fire official or duly authorized representatives as may
be in charge at the scene of a fire or other emergency involving the
protection of life and/or property is empowered to direct such operations
as may be necessary to extinguish or control any suspected or reported
fires, gas leaks, or other hazardous conditions or situations or of
taking any other action necessary in the reasonable performance of
their duty. The fire official may prohibit any person, vehicle or
object from approaching the scene and may remove or cause to be removed
from the scene any person, vehicle or object which may impede or interfere
with the operations of the fire department. The fire official may
remove or cause to be removed any person, vehicle or object from hazardous
areas. All persons ordered to leave a hazardous area shall do so immediately
and shall not reenter the area until authorized to do so by the fire
official.
[Ord. No. 77,
§ 5, eff. 3-12-1982]
It shall be unlawful to interfere with, attempt to interfere
with, conspire to interfere with, obstruct or restrict the mobility
of, or block the path of travel of any fire department emergency vehicle
in any way, or to interfere with, attempt to interfere with, conspire
to interfere with, obstruct or hamper any fire department operation.
[Ord. No. 77,
§ 6, eff. 3-12-1982]
A person shall not willfully fail or refuse to comply with any
lawful order or direction of the fire official or to interfere with
the compliance attempt of another individual.
[Ord. No. 77,
§ 7, eff. 3-12-1982]
A vehicle shall not be driven or propelled over any unprotected
fire hose of the fire department when laid down on any street, alleyway,
private drive or any other vehicular roadway without the consent of
the fire official in command of the operation.
[Ord. No. 77,
§ 8, eff. 3-12-1982]
The term "authorized emergency vehicles" shall be restricted
to mean those which are as defined and authorized under the laws of
the state.
[Ord. No. 77,
§ 9, eff. 3-12-1982]
Subject to provisions of Act No. 300 of the Public Acts of Michigan
of 1949 (MCL 257.1 et seq., MSA 9.1801 et seq.), as amended, to the
contrary, upon the approach of any authorized emergency vehicle, giving
audible and visual signal, the operator of every other vehicle shall
immediately drive such vehicle to a position as near as possible and
parallel to the right-hand edge or curb of the street or roadway,
clear of any intersection, and shall stop and remain in such position
until the authorized emergency vehicle shall have passed unless otherwise
directed by the fire official or a police officer.
[Ord. No. 77,
§ 10, eff. 3-12-1982]
Subject to provisions of Act No. 300 of the Public Acts of Michigan
of 1949 (MCL 257.1 et seq., MSA 9.1801 et seq.), as amended, to the
contrary, it shall be unlawful for the operator of any vehicle, other
than one on official business, to follow closer than 300 feet from
any fire apparatus traveling in response to a fire alarm, or to drive
any vehicle within the block or immediate area where fire apparatus
has stopped in answer to a fire alarm.
[Ord. No. 77,
§ 11, eff. 3-12-1982]
A person shall not without proper authorization from the fire
official in charge of the fire department emergency equipment cling
to, attach himself to, climb upon or into, board or swing upon any
fire department emergency vehicle, whether such vehicle is in motion
or at rest, or sound the siren, horn, bell or other sound-producing
device thereon, or to manipulate or tamper with or attempt to manipulate
or tamper with any levers, valves, switches, starting devices, brakes,
pumps, or any equipment or protective clothing on or a part of any
fire department emergency vehicle.
[Ord. No. 77,
§ 12, eff. 3-12-1982]
It shall be unlawful for any person to damage or deface or attempt
to conspire to damage or deface any fire department emergency vehicle
at any time, or to injure or attempt to injure or conspire to injure
fire department personnel while performing departmental duties.
[Ord. No. 77,
§ 13, eff. 3-12-1982]
(a)
Subject to provisions of Act No. 300 of the Public Acts of Michigan
of 1949 (MCL 257.1 et seq., MSA 9.1801 et seq.), as amended, to the
contrary, the driver of any emergency vehicle shall not sound the
siren thereon or have the front red lights on or disobey any existing
traffic regulation except when the vehicle is responding to an emergency
call or when responding to but not upon returning from a fire. Tactical
strategies such as but not restricted to those designated as "move-ups"
do not constitute an emergency call. The driver of an emergency vehicle
may:
(1)
Park or stand irrespective of the provisions of existing traffic
regulations.
(2)
Proceed past a red or stop signal or other sign, but only after
slowing down as may be necessary for safe operation.
(3)
Exceed the prima facie speed limit so long as the action does
not endanger life or property.
(4)
Disregard regulations governing direction of movement or turning
in specified directions.
(b)
The exemptions granted in subsection (a) of this section to an emergency vehicle shall apply only when the driver of any such vehicle while in motion sounds audible signal by bell, siren or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one lighted lamp displaying a red light visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle.
[Ord. No. 77,
§ 14, eff. 3-12-1982]
(a)
Subject to provisions of Act No. 300 of the Public Acts of Michigan
of 1949 (MCL 257.1 et seq., MSA 9.1801 et seq.), as amended, to the
contrary, it shall be unlawful to obscure from view, damage, deface,
obstruct or restrict the access to any fire hydrant or any fire department
connection for the pressurization of fire suppression systems, including
fire hydrants and fire department connections that are located on
public or private streets and access lanes or on private property.
(b)
If upon the expiration of the time mentioned in a notice of violation,
obstructions or encroachments are not removed, the fire official shall
proceed to remove such encroachments. Cost incurred in the performance
of necessary work shall be paid from the municipal treasury on certificate
of the fire official and with the approval of the chief administrative
official; and the legal authority of the municipality shall institute
appropriate action for the recovery of such costs.
[Ord. No. 77,
§ 15, eff. 3-12-1982]
A person shall not use or operate any fire hydrant intended
for use of the fire department for fire suppression purposes unless
such person first secures a permit for such use from the fire official
and the water company having jurisdiction. This section shall not
apply to the use of such hydrants by a person employed by and authorized
to make such use by the water company having jurisdiction.
[Ord. No. 77,
§ 16, eff. 3-12-1982]
The fire official shall recommend to the township supervisor
the location or relocation of new or existing fire hydrants and the
placement or replacement of inadequate water mains located upon public
property and deemed necessary to provide an adequate fire flow and
distribution pattern. A fire hydrant shall not be placed into or removed
from service until approved by the fire official.
[Ord. No. 77,
§ 17, eff. 3-12-1982]
All new and existing shipyards, oil storage plants, lumberyards,
amusement or exhibition parks, and educational or institutional complexes
and similar occupancies and uses involving high fire or life hazards
that are located more than 150 feet from a public street or which
require quantities of water beyond the capabilities of the public
water distribution system shall be provided with properly placed fire
hydrants. Such fire hydrants shall be capable of supplying fire flows
as required by the fire official and shall be connected to a water
system in accordance with accepted engineering practices. The fire
official shall designate and approve the number and location of fire
hydrants. The fire official may require the installation of sufficient
fire hose and equipment housed in accordance with the approved rules
and may require the establishment of a trained fire brigade when the
hazard involved requires such measures. Private hydrants shall not
be placed into or removed from service until approved by the fire
official.
[Ord. No. 77,
§ 18, eff. 3-12-1982]
A person shall not obstruct, remove, tamper with or otherwise
disturb any fire hydrant or fire appliance required to be installed
or maintained under the provisions of the fire prevention code except
for the purpose of extinguishing fire, training or testing purposes,
recharging, or making necessary repairs, or when permitted by the
fire official. Whenever a fire appliance is removed as permitted in
this section, it shall be replaced or reinstalled as soon as the purpose
for which it was removed has been accomplished. Defective and nonapproved
fire appliances or equipment shall be replaced or repaired as directed
by the fire official.
[Ord. No. 77,
§ 19, eff. 3-12-1982]
A person shall not sell, trade, loan or give away any form,
type or kind of fire extinguisher which is not approved by the fire
official, or which is not in proper working order, or the contents
of which do not meet the requirements of the fire official. The requirements
of this section shall not apply to the sale, trade or exchange of
obsolete or damaged equipment for junk when the units are permanently
disfigured or marked with a permanent sign identifying the unit as
junk.
[Ord. No. 77,
§ 20, eff. 3-12-1982]
A person shall not erect, construct, place or maintain any bumps,
fences, gates, chains, bars, pipes, wood or metal horses or any other
type of obstruction in or on any street within the boundaries of the
township. The word "street" as used in this section, shall mean any
roadway accessible to the public for vehicular traffic, including
but not limited to private streets or access lanes, as well as public
streets and highways within the boundaries of the township.
[Added 3-17-2020 by Ord.
No. 181]
The Fire Chief, Director of Public Safety, Chesterfield Fire
Department personnel, Township Code Enforcement Officers and any other
person designated by the Township Board may act as enforcement officers
of this article.
