[Code 1975, § 15-16; 9-23-1991 by Ord. No. 1011; Code 1992, § 12-26; 2-27-1995 by Ord. No. 1074; 9-8-1997 by Ord. No. 1126; 5-27-2003 by Ord. No.
1208; 6-26-2017 by Ord. No. 17-005]
Pursuant to the provisions of Section 3(k) of Public Act No.
279 of 1909 [MCL 117.3(k)], there is hereby adopted by reference by
the City, for the purpose of prescribing regulations consistent with
nationally recognized good practice for the safeguarding, to a reasonable
degree, of life and property from the hazards of fire and explosion
arising from the storage, handling and the use of hazardous substances,
materials and devices, and from conditions hazardous to life or property
in the use or occupancy of buildings or premises, that certain code
known as the 2015 International Fire Code, including all appendix
chapters as amended, of which code printed copies thereof are on file
in the office of the City Clerk and available for public use and inspection
at all times, and the code is hereby adopted and incorporated as fully
as if set out at length in this article and the provisions thereof
shall be controlling within the City limits.
[Code 1975, § 15-17; Code 1992, § 12-27; 5-27-2003 by Ord. No. 1208; 2-25-2013 by Ord. No. 1347]
Wherever the following terms are used in the International Fire
Code adopted by this article, they shall have the meanings ascribed
to them in this section:
The Fire Marshal or the person designated by the Fire Chief
to act in this capacity on behalf of the City.
[4-9-2018 by Ord. No.
18-005]
The attorney for the City.
The City of Port Huron, Michigan.
[Code 1975, § 15-18; Code 1992, § 12-28; 2-27-1995 by Ord. No. 1075; 5-27-2003 by Ord. No. 1208; 2-25-2013 by Ord. No.
1347; 6-26-2017 by Ord. No. 17-005]
[Code 1975, § 15-19; 9-23-1991 by Ord. No. 1012; Code 1992, § 12-29; 2-27-1995 by Ord. No. 1075; 9-8-1997 by Ord. No. 1126; 11-25-2002 by Ord.
No. 1201; 5-27-2003 by Ord. No. 1208; 1-28-2008 by Ord. No. 1284; 2-25-2013 by Ord. No. 1347; 6-26-2017 by Ord. No. 17-005; 4-9-2018 by Ord. No. 18-005]
The International Fire Code adopted by this article is amended
and changed as follows:
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Chapter 1, Scope and Administration
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Section 108.1, Appeals, is to be deleted.
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Section 109.4, Violation penalties, shall be amended to read
as follows:
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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 code official, or of a permit or certificate
used under provisions of this code, shall be guilty of a municipal
civil infraction, punishable by a fine of not more than $500. Each
day that a violation continues after due notice has been served shall
be deemed a separate offense.
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Section 111.4, Failure to comply, shall be amended to read as
follows:
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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
to a fine of not more than $500.
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Chapter 3, General Requirements
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Section 307.4, Outdoor burning, shall be amended to read as
follows:
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a.
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Definitions. As used in this section, the following terms shall
have the following meanings:
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(1)
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OPEN BURNING means a fire from which the products of combustion
are emitted directly into the open air without passing through a stack
or chimney.
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(2)
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INCINERATOR means a device specifically designed for the destruction,
by burning, of garbage or other combustible refuse or waste material.
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(3)
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RECREATIONAL FIRE means a small outdoor fire intended for recreation
or cooking, but not for disposal of waste wood or refuse.
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(4)
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CLEAN WOOD means natural wood that has not been painted, varnished
or coated with a similar material; has not been pressure-treated with
preservatives; and does not contain resins or glues as in plywood
or other composite wood products.
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(5)
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CONSTRUCTION OR DEMOLITION WASTE means building waste materials,
including, but not limited to, waste shingles, insulation, lumber,
treated wood, painted wood, wiring, plastics, packaging and rubble
that results from construction, remodeling, repair, and demolition
operations on a house, commercial or industrial building or other
structures.
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(6)
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OPEN BURNING means kindling or maintaining a fire where the
products of combustion are emitted directly into ambient air without
passing through a stack or chimney.
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(7)
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RECREATIONAL FIRE BURN RING means a metal, stone or concrete
ring on the ground (fire pit), not to exceed three feet in diameter,
for the purpose of outdoor recreational burning, cooking and/or heating.
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b.
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Open burning and outdoor burning are prohibited in the City
of Port Huron unless the burning is specifically permitted by this
chapter.
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(1)
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No person shall cause or permit, except as herein stipulated,
any open burning of garbage or other combustible refuse or waste material,
including by way of description, but not by way of limitation, paper,
leaves, tree trimmings and grass. This provision shall not be construed
to prohibit fires of charcoal or natural gas and propane fuels when
used, on private property or in public recreation areas, for the exclusive
preparation of food for human consumption, nor to prohibit fuels from
being used not less than 15 feet from combustible materials when burned
in metal containers for the heating of building materials and the
warmth of workers.
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(2)
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The disposal site for diseased elm trees and other trees and
brush removed from City rights-of-way will continue to operate under
rules and regulations approved by the City Council.
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(3)
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This section shall not apply to open burning by an organized
professional, social, political, religious, charitable, or similar
organization at special events sponsored by such organization, provided
approval therefor has been obtained as part of the special events
permit and approved by the Special Events Committee. Any organization
sponsoring an event at which open burning is permitted pursuant to
this section must also obtain the approval of the Fire Chief, or his
or her designee, prior to the event.
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c.
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Recreational fires shall be permitted in the City of Port Huron
on private property under the following restrictions:
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(1)
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A recreational wood-burning unit or recreational fire burn ring,
not to exceed three feet in diameter, may be used or installed in
the City of Port Huron only in accordance with the following provisions:
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a)
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The recreational wood-burning unit and recreational fire burn
ring shall not be used to burn refuse.
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b)
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The recreational wood-burning unit and recreational fire burn
ring shall burn only clean wood.
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c)
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The recreational wood-burning unit shall be located at least
25 feet from any and all structures. Conditions which could cause
a fire to spread within 25 feet of a structure shall be eliminated
prior to ignition.
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d)
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The recreational fire burn ring shall be located at least 50
feet from any and all structures. Conditions which could cause a fire
to spread within 50 feet of a structure shall be eliminated prior
to ignition.
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e)
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A recreational wood-burning unit or recreational fire burn ring
shall not cause a nuisance to neighbors. If a nuisance is determined,
the Fire Chief, or his or her designee, will require the immediate
extinguishment.
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d.
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Prohibited open burning. Open burning, bonfires or recreational
fires that will be offensive or objectionable because of smoke or
odor emissions when atmospheric conditions or local circumstances
make such fires hazardous shall be prohibited. The Fire Chief, or
his or her designee, is authorized to order the extinguishment by
the attendee or the Fire Department of open burning which creates
or adds to a hazardous or objectionable situation.
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e.
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Attendance. Open burning, bonfires or recreational fires shall
be constantly attended until the fire is extinguished. A minimum of
one portable fire extinguisher complying with Section 906 with a minimum
4-A rating or other approved on-site fire-extinguishing equipment,
such as dirt, sand, water, barrel, garden hose or water truck, shall
be available for immediate utilization.
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f.
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Outdoor incinerators. Incinerators may be used in the City only
in compliance with the following conditions:
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(1)
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Outdoor incinerators shall be permitted only on premises occupied
by commercial, governmental or industrial buildings.
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(2)
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No person shall install and/or operate or cause to be used any
incinerator without a permit to install first having been issued by
the State Air Pollution Control Commission. All applications for such
permits shall be obtained at and filed with the City Building Inspection
Division.
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Chapter 5, Fire Service Features
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Section 503.4, Fire apparatus access roads, shall be added to
read as follows:
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Parking of motor vehicles in or otherwise obstructing fire lanes
shall be prohibited at all times. Members of the Fire Department are
hereby authorized to remove motor vehicles and/or other obstructions
in the designated fire lanes.
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Chapter 56, Explosives and Fireworks
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Section 5601.1.3, State Fireworks Law, shall be added to read
as follows:
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The City hereby adopts the State Fireworks Law for the purpose
of providing rules for the prevention of fire and protection of persons
and property in the transportation, storage, handling, offering for
sale, sale and use of fireworks. Copies of such regulations are on
file in the office of the City Clerk, available for public use and
inspection at all times. Where any section or part of Section 5601
of the International Fire Code is in conflict with the State Fireworks
Law, it is intended that the state fireworks law will prevail.
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Chapter 57, Flammable and Combustible Liquids
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Section 5701.1, State Flammable Liquid Laws, shall be amended
to read as follows:
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Pursuant to the provisions of Section 3(k) of Public Act No.
279 of 1909 [MCL 117.3(k)], the State Fire Safety Board Rules for
Storage and Transportation of Flammable and Combustible Liquids 1992,
as amended, as prescribed and authorized in Public Act No. 207 of
1941 (MCL 29.1 et seq.), are hereby adopted by reference by the City
for the purpose of providing rules for the prevention of fire and
protection of persons and property in the transportation, storage,
handling, offering for sale, sale and use of flammable liquids. Copies
of such regulations are on file in the office of the City Clerk, available
for public use and inspection at all times. Where any section or part
of Chapter 57 of the International Fire Code is in conflict with the
State Fire Safety Board Rules for Storage and Transportation of Flammable
and Combustible Liquids 1992, it is intended that the State Fire Safety
Board Rules for Storage and Transportation of Flammable and Combustible
Liquids 1992 shall prevail.
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[Code 1975, § 15-20; Code 1992, § 12-30; 2-27-1995 by Ord. No. 1075; 5-27-2003 by Ord. No. 1208; 2-25-2013 by Ord. No.
1347; 6-26-2017 by Ord. No. 17-005; 4-9-2018 by Ord. No. 18-005]
Whenever the Fire Chief, or his or her designee, shall disapprove
an application or refuse to grant a permit applied for under the International
Fire Code adopted by this article or when it is claimed that the provisions
of such code do not apply or that the true intent and meaning of such
code have been misconstrued or wrongly interpreted, the applicant
may appeal from the decision of the Fire Chief, or his or her designee,
to the City Manager and the City Council, within 30 days from the
date of the decision appealed.
