[HISTORY: Adopted by the City Council of
the City of Bangor 9-28-2015 by Ord. No. 15-307.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also superseded former
Ch. 116, Fire Prevention Code, consisting of Art. I, Adoption of Standards,
adopted 6-8-1987 by Ord. No. 87-156 (Ch. VII, Art. 14), as amended,
and Art. II, Open Burning, adopted as Ch. II, Art. 14, Secs. 9, 11
and 12, as amended.
[Amended 5-9-2022 by Ord. No. 22-165]
In accordance with 30-A M.R.S.A. § 3003, as amended,
the Uniform Fire Code, designated as "NFPA 1" and published by the
National Fire Protection Association, as adopted and amended from
time to time by the State of Maine, is hereby adopted as the Fire
Prevention Code of the City of Bangor. A copy of said code shall be
kept on file in the office of the Clerk of the City of Bangor. Said
code is hereby incorporated by reference as the minimum standards
for safeguarding 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. Whenever in the
laws and ordinances of the City of Bangor, Maine, there is a reference
to the term "Fire Code" or "Uniform Fire Code," the version of NFPA
1 adopted by the state at that time shall be the code to which said
term refers.
[Amended 5-9-2022 by Ord. No. 22-165]
NFPA 1, Uniform Fire Code, is adopted in its published form
as if fully set forth herein, with the following amendments and exceptions:
A.
The following chapters and sections shall be removed with no substitution:
(1)
Chapter 13, Section 2.2.2; Chapter 13, Section 3.2.20.1.
(2)
Chapter 20, Sections 2.4.5; 3.2.1; 4.2.6; 5.2.5.4; 6.2.6; 7.2.6;
8.2.6; 9.2.2; 10.2; and 11.2.
(3)
Chapter 65, Section 11. (See Rules of the State Fire Marshal, Chapter 25, and Title 8 M.R.S.A § 236.)
(4)
Chapter 66, Table(s) 66.2.3.2.1.1(a); 66.2.3.2.1.1(b); 66.2.3.2.1.4.
B.
Sections amended.
(1)
Chapter
20, Section 11.1 shall be amended to read as follows:
Chapter 20, Section 11.1 Application. New and existing
one- and two-family dwellings shall comply with Section 20.11 and
NFPA 101. Chapter 24, Section 3.5.1, of NFPA 101 shall not be incorporated
in this rule.
(2)
Chapter
13, Section 3.2.3 shall be amended to read as follows:
Chapter 13, Section 3.2.3: New buildings housing
emergency fire, rescue or ambulance services shall be protected throughout
by approved and supervised automatic sprinkler systems.
[Added 5-8-2017 by Ord.
No. 17-145]
A.
Cooking equipment used in fixed, mobile, or temporary concessions,
such as trucks, buses, and trailers, shall comply with NFPA 96: Standard
for Ventilation Control and Fire Protection of Commercial Cooking
Operation, NFPA 54: National Fuel Gas Code, NFPA 58: Liquefied Petroleum
Gas Code, and NFPA 70: National Electric Code, all as adopted by the
State of Maine.
B.
Tents and canopies that are for a temporary use as deemed by the
authority having jurisdiction are not required to have an automatic
fire-suppression system.
C.
Fabric enclosures, including tents and canopies, must have been treated
or manufactured to be flame resistant. A label certifying that this
requirement has been met must be attached to the enclosure. Fabric
enclosures must be secured to resist wind.
D.
All piping, tanks and equipment for fuel shall comply with the current
adopted editions of NFPA 54: National Fuel Gas Code and NFPA 58: Liquefied
Petroleum Gas Code as adopted by the State of Maine.
E.
No combustible enclosures are allowed above or near cooking equipment.
The ground under a tent that houses cooking equipment and within 10
feet of such a tent must be clear of combustible vegetation. Cooking
and any heat-producing equipment must be located a safe distance away
from combustibles.
F.
All internal or external wiring and connections for all types of
concessions, whether fixed, mobile or temporary, shall comply with
NFPA 70 the National Electric Code as adopted by the State of Maine\.
G.
Each vendor will have on site a portable fire extinguisher that has
a current inspection tag affixed. The minimum size extinguisher required
is a dry chemical rated 2A 10 BC.
H.
For those vendors that will be cooking with meats, grease, oils or
fat who have a fire-suppression system complying with NFPA 96, a Type
K portable kitchen fire extinguisher sufficient in size to extinguish
a fire is required. This requirement is in addition to the requirement
for a 2A 10 BC dry chemical fire extinguisher.
I.
For those vendors that fall under Subsection B of this section that will be cooking with meats, grease, oils or fat who do not have a suppression system complying with NFPA 96, one Class K extinguisher per deep fryer, plus one Class K extinguisher for the first non-deep-fryer appliance such as a charbroiler or grill, plus one Class K extinguisher for every two additional non-deep-fryer appliances such as char broilers or grills, is required. This requirement is in addition to the requirement for a 2A 10 BC dry chemical fire extinguisher.
J.
Food vendors who burn wood or other solid fuel for their on-site
cooking must store all wood or other solid fuel in an area planned
for the express purpose of preventing the spread of fire which could
be caused by sparks or embers. Any cooking appliance using wood for
fuel shall have a spark arrester in place to minimize the passage
of airborne sparks and embers. A heavy metal container or cart with
a cover shall be provided for the safe storage and removal of ash
and other debris.
For any outdoor burning in an outdoor fireplace, portable fire
bowl, chiminea, or recreational fire, whether or not a permit is required,
the person keeping the fire shall be subject to the following rules:
A.
A responsible person shall be present at all times.
B.
The smoke shall not be such as to create a public nuisance.
C.
A method of extinguishment, such as a fire extinguisher or garden
hose, shall be available at all times, and all embers and hot ashes
shall be extinguished and removed or wet down at the close of the
fire.
D.
Outdoor burning is allowed only if winds are not greater than 10
miles per hour and the Maine Forest Service has classified the fire
danger at a Class One or Class Two.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
There shall be no burning of trash; household garbage; cardboard;
plastic; foam construction material or debris; coated, painted or
pressure-treated wood; plywood; particle board or wood with glue on
it; or wet, rotted, diseased or moldy wood or leaves.
F.
For outdoor burning on public property or private property belonging
to another, the person responsible for the burning shall provide evidence
that the appropriate government agency, property owner or property
owner's agent has given permission for the outdoor burning.
G.
Recreational fires shall be in a pit or tire ring less than three
feet in diameter and with material piled less than two feet in height.
H.
Recreational fires shall be maintained at a safe distance, as determined
by the Fire Chief, or their designee, from combustible materials,
including trees, decks, buildings, fences, and awnings, and from property
lines.
No person shall use a gasoline blow torch or other open flame
device for purposes of removing paint from any building or structure
located in the City of Bangor.
[Added 5-9-2022 by Ord. No. 22-165[1]]
Unvented fuel-fired heaters shall not be used in a bedroom or
bathroom or in a manufactured home.
A.
Any person who is found to be in violation of any provision or requirement
of this chapter shall be subject to a civil penalty as set forth in
30-A M.R.S.A. § 4452. Each violation of a separate provision
or requirement, and each day of violation, shall constitute a separate
offense. The Fire Chief of the City of Bangor Fire Department, or
their designee, may deny an open burning permit to anyone who has
violated any provision of the preceding sections of this chapter.
B.
If, in response to a complaint, a member of the Bangor Fire Department
determines in their discretion that in the interest of public safety
it is appropriate to revoke an open burning permit, they may do so
immediately. In such event, they shall notify the Fire Chief of the
City of Bangor Fire Department and the Fire Chief, or their designee,
shall review the revocation of the open burning permit and make a
determination whether such revocation was appropriate.
