A certain document, a copy of which is on file in the office
of the City Clerk, being marked and designated as the National Fire
Protection Association's Fire Code ("NFPA 1") which shall be the most
current edition published, and all referenced standards, is hereby
adopted as the Fire Prevention Code and Fire Code for buildings within
the City, for control of buildings and structures as therein provided.
Each and all of the regulations, provisions, penalties, conditions
and terms of the NFPA 1 are hereby referred to, adopted and made part
of this chapter by reference as if fully set out in this chapter,
save and except such portions as are hereinafter amended or repealed.
[1]
Editor's Note: This ordinance also changed the title of this
chapter from "BOCA National Fire Prevention Code and NFPA 101 Life
Safety Code" to "Fire Code of the National Fire Protection Association."
[Ord. No. 495,
passed 7-25-1994; amended 6-24-2019 by Ord. No. 821]
The purpose of the NFPA 1, as adopted in § 1610.01, is to establish the minimum regulations governing the safeguarding of life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the use or occupancy of buildings or premises.
[Ord. No. 495,
passed 7-25-1994; amended 6-24-2019 by Ord. No. 821]
References in the NFPA 1, as adopted in § 1610.01, to "state" (and name of state) shall mean the State of Michigan. References to "municipality" (and name of municipality) shall mean the City of Coldwater. References to "authority having jurisdiction" shall mean the Fire Prevention Bureau or Fire Marshal or any Assistant Fire Marshal. References to the "municipal charter" shall mean the Charter of the City of Coldwater. References to "local ordinance" shall mean the ordinances of the City of Coldwater.
[Ord. No. 495,
passed 7-25-1994; amended 6-24-2019 by Ord. No. 821]
Whenever the term "code official" is used in the NFPA 1, as adopted in § 1610.01, the same shall be construed to mean the Director of Police and Fire Services, the Deputy Director of Fire Services, the Fire Marshal or any authorized assistants.
[1]
Editor's Note: Former § 1610.05, Rules and
regulations, was repealed 7-25-1994 by Ord. No. 495.
[Ord. No. 495,
passed 7-25-1994]
(a)
The NFPA 1, as adopted in § 1610.01, and other provisions of this chapter, shall be enforced by the Bureau of Fire Prevention in the Fire Department of the City, which Bureau is hereby established and which shall be operated under the direct supervision of the Deputy Director of Fire Services and the overall supervision of the Director of Police and Fire Services.
[Amended 6-24-2019 by Ord. No. 821]
(b)
The Director of Police and Fire Services shall be Chief of the Bureau
of Fire Prevention and shall have the authorization to designate a
Fire Marshal for the Bureau of Fire Prevention and to designate such
number of assistants, to be known as Fire Inspectors, as he or she
shall deem necessary from time to time.
(c)
A report of the Bureau of Fire Prevention shall be made annually
and transmitted to the City Manager. It shall contain all proceedings
under this Code, with such statistics as the Director of Police and
Fire Services may wish to include therein. The Director of Police
and Fire Services shall also recommend any amendments to this Code
which in his or her judgment shall be desirable.
[Ord. No. 495,
passed 7-25-1994; amended 6-24-2019 by Ord. No. 821]
The Chief of the Bureau of Fire Prevention shall have the power to modify any of the provisions of the NFPA 1, as adopted in § 1610.01, upon application in writing by an owner or lessee, or his or her duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the Code, provided that the spirit of the Code shall be observed, public safety secured, and substantial justice done. The particulars of such modification, when granted or allowed, and the decision of the Chief of the Bureau of Fire Prevention thereon, shall be entered upon the records of the Fire Department, and a signed copy shall be furnished to the applicant.
[1]
Editor's Note: Former § 1610.08, New materials,
processes or occupancies requiring permits, was repealed 7-25-1994
by Ord. No. 495.
[Ord. No. 495,
passed 7-25-1994]
(a)
In the event of a conflict between any of the provisions of the NFPA
1, as adopted in § 1610. 01, and a provision of any local
ordinance, resolution, rule or regulation, the stricter or higher
standard shall control.
[Amended 6-24-2019 by Ord. No. 821]
(b)
In the event of a conflict between any of the provisions of such
codes and a provision of any state law, rule or regulation, the state
law, rule or regulation shall control.
(c)
In the event of a conflict between any of the provisions of such codes and a provision of any other technical code adopted by reference by the City, the stricter or higher standard shall control, except that the Michigan Building Code, as adopted in Chapter 1428, shall control in any conflict with the NFPA 1.
[Amended 6-24-2019 by Ord. No. 821]
[1]
Editor's Note: Former § 1610.10, Amendments, was
repealed 6-24-2019 by Ord. No. 821.
[Ord. No. 506,
passed 8-14-1995]
(a)
No persons shall violate any of the provisions of the NFPA 1 as adopted
in § 1610. 01, or fail to comply therewith, or violate or
fail to comply with any order made thereunder, or build in violation
of any detailed statement or specifications or plans submitted and
approved thereunder, or of any certificate or permit issued thereunder,
and from which no appeal has been taken, or fail to comply with an
order as affirmed or modified by the Construction Board of Appeals
of the City of Coldwater or by a court of competent jurisdiction within
the time fixed herein. The imposition of one penalty for any violation
shall not excuse the violation or permit it to continue, and all such
persons shall be required to correct or remedy such violations or
defects within a reasonable time. When not otherwise specified, each
10 days that prohibited conditions are maintained shall constitute
a separate offense.
[Amended 6-24-2019 by Ord. No. 821]
[Ord. No. 495,
passed 7-25-1994]
Appeals from a decision of the Fire Marshal or other Code official shall be made to the Construction Board of Appeals, established pursuant to Chapter 1444 of these Codified Ordinances. The appeal must be filed with the Director of Police and Fire Services within 20 days from the date of the decision appealed.
