105.3.3 Occupancy
prohibited before approval. The building or structure shall
not be occupied prior to the fire code official conducting an inspection
to determine that applicable provisions of this code have been met
and occupancy authorized.
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105.6 Required operational permits. The fire code
official is authorized to issue operational permits or otherwise give
approvals for the operations set forth in Subsections 105.6.1 through
105.6.48.
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105.6.32 Open burning. Without exception as to
type, kind or location, an operational permit is required for the
kindling or maintaining of an open fire or a fire on any public street,
alley, road, or other public or private ground. Instructions and requirements
of the permit shall be strictly followed.
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108.1 Board of Appeals established. In order to
hear and decide appeals of orders, decisions or determinations made
by the fire code official relative to the application and interpretation
of this code, there shall be a Board of Appeals established by the
Fire Department. The Board of Appeals shall consist of three or more
individuals. The fire code official shall be an ex officio member
of said board but shall have no vote on any matter before the Board.
Board members need not be residents of the City of Lapeer. The Board
shall adopt rules of procedure for conducting its business, and shall
render all decisions and findings in writing to the appellant with
a duplicate copy to the fire code official.
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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 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. The City
of Lapeer may also pursue injunctive relief, and may recover inspection
fees per the City of Lapeer Fee Schedule.
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110.1 General. If during the inspection of a premises,
a building or structure or any building system, in whole or in part,
constitutes a threat to human life, safety or health, the fire code
official shall issue such notice or orders to remove or remedy the
conditions as shall be deemed necessary in accordance with this section.
The owner, occupant, or person in possession or control shall immediately
comply with such notice or order, including the payment of any fees
or obtaining any permits from applicable departments or agencies for
any of the repairs, alterations, remodeling, removing or demolition
required.
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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 liable to a fine of not less than $100
or more than $500. Each day a violation occurs shall be a separate
offense. The City of Lapeer may also pursue injunctive relief.
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Section 202 General Definitions.
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KEY BOX. Key box as used in this chspter shall
mean a repository container, similar to the key box described in Section
506, for storing keys for entry to premises, a building, rooms in
a building, elevators in a building, and other boxes or areas within
a building.
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302.1 Definitions. The following words and terms
shall, for purposes of this chapter and as used elsewhere in this
code, have the meaning shown herein.
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Bonfire, Hi-Boy, High Voltage Transmission Line, Portable Outdoor
Fireplace, Powered Industrial Truck, Recreational Fire, and Sky Lantern:
all unchanged.
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OPEN BURNING. The burning of materials wherein
products of combustion are emitted directly into the ambient air.
Open burning does not include road flares, smudge pots and similar
devices associated with safety or occupational uses.
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OUTDOOR SOLID FUEL FIRED FURNACE. A freestanding
accessory structure, housing a solid-fuel-fired furnace, with a smokestack,
used to provide heat or hot water to a building, other accessory structure,
swimming pool or hot tub, via air, liquid or other means.
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304.3.3, 304.3.4. The clearance distances from
combustible walls, openings or combustible roof eave lines shown in
both sections are increased to 10 feet. The remainder of these sections
remain unchanged.
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307.1.1 Prohibited burning. Open burning, bonfires,
and recreational fires (including use of portable outdoor fireplaces)
are prohibited within the corporate limits of the City. This restriction
shall not apply to the use of charcoal and similar materials for the
purpose of food preparation. The lighting of, use, and release of
untethered sky lanterns is also prohibited.
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Exceptions:
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1)
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Prescribed burning for the purpose of vegetation mitigation
and control in City parks when authorized by the fire code official.
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2)
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The fire code official may permit the burning of firewood for
warming purposes only, and only at construction locations or special
events. Permits will be issued solely at the discretion of the fire
code official, based on weather and property conditions.
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3)
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Daily use of the designated fire pit at the Water Tower Travel
Trailer Park is permitted between May 1 and October 31, unless a local
burning ban has been imposed by the fire code official. The fire pit
is available for the use of persons staying at the campground and
the use of City residents by appointment.
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307.2 Permit required. A permit shall be obtained
from the fire code official in accordance with Section 105.6 prior
to any open burning in the City. Open burning includes, but is not
limited to, silvicultural or range or wildlife management fires, prevention
or control of disease or pests, bonfires, and recreational fires.
Application for such approval shall only be presented by, and permits
issued to, the owner of the land upon which the fire is to be kindled.
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307.4.1, 307.4.2, and 307.4.3 are hereby deleted.
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307.5 Attendance. Authorized, open burning 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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403.11.1.5 Tenant identification. Tenant identification
shall be provided for secondary exits from occupied tenant spaces
that lead to an exit corridor or directly to the exterior of the building.
Tenant identification shall be posted on the exterior side of the
exit or exit access door and shall identify the business name and
address using plainly legible letters and numbers that contrast with
their background. There are no exceptions.
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503.3 Marking. All fire apparatus access roads
shall be conspicuously posted with uniform (No Parking-Fire Lane)
signs in keeping with the standard established in the Michigan Manual
of Traffic Control Devices, as revised, and as prescribed by the fire
code official and erected on both sides of the fire apparatus access
roads. Signs shall be erected no farther than 100 feet apart in all
areas designated as fire apparatus access roads. Signs shall be maintained
in a clean and legible condition at all times and shall be replaced
or repaired when necessary to provide adequate visibility.
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504.1 Required access.
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1)
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Exterior doors and openings required by this code or the Michigan
Building Codes shall be maintained readily accessible for emergency
access by the fire department. An approved access walkway leading
from fire apparatus access road to exterior openings shall be provided
when required by the fire code official.
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2)
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All required rescue windows shall be accessible by a thirty-five-foot
ground extension ladder placed so that the inclination of the ladder
does not exceed 70°. An area of discharge, 36 inches in all directions
around the base of the ladder, shall be provided. Ladders and associated
areas of discharge shall be located within the property line.
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505.1 Address numbers. New and existing buildings
shall have approved address numbers, building numbers, or approved
building identification placed in a position that is plainly legible
and visible from the street or road fronting the property. These numbers
shall contrast with their background. Address numbers shall be Arabic
numerals or alphabet letters. Numbers shall not be spelled out and
each character shall be a minimum of six inches high with a minimum
stroke width of 0.5 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.
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506.1 Key box required. Key boxes are required
for the following premises:
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1)
|
All commercial and manufacturing buildings over 3,500 square
feet constructed after February 1, 1992.
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2)
|
All existing commercial and manufacturing buildings over 3,500
square feet which undergo renovation or remodeling which affects an
area of 2,000 square feet or more, or which is done at a cost of $25,000
or more.
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3)
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Any building having a gate capable of being locked and which
could hinder fire department access to the premises.
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4)
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Any commercial or manufacturing building equipped with a fire
alarm or sprinkler system.
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Single occupancy businesses are required to have a key box installed
at the location designated by the fire code official, normally the
main entrance. Additional key boxes may be required by the fire code
official depending on the size and layout of the building.
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In strip malls, up to three businesses with connected common
walls and on the same level may share a key box between them (up to
a maximum of five businesses may be permissible with approval of the
fire code official). All the businesses are equally responsible for
maintaining the key box and alarm system. All key boxes shall be alarmed.
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In businesses that have an existing alarm system (i.e., burglar
or fire alarm) or have an automatic fire suppression system such as
a sprinkler, CO2, dry or wet chemical, the
key box(es) shall be connected to the alarm system. In buildings without
or not requiring an alarm or automatic fire suppression system, an
audible alarm approved by the fire code official shall be mounted
on the outside of the building. This alarm shall activate any time
the key box is opened or physically removed from the building. The
key box(es) to be ordered must be one approved by the fire code official.
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For some locations, a key box padlock may be required. The Lapeer
Fire and Rescue Department shall provide key box order forms, and
shall keep a copy of the completed order form in the business inspection
file. Installation requirements for the key box include:
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a)
|
The key box will be installed at the location specified by the
fire code official, normally at the main entrance.
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b)
|
The key box will be mounted at five feet from grade level.
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c)
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All key boxes must be connected to the building alarm system
or audible alarm prior to being closed.
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507.5.1 Where required. Where a portion of the
facility or building hereafter constructed or moved into or within
the jurisdiction is more than 300 feet from a hydrant on a fire apparatus
access road, as measured by an approved route around the exterior
of the facility or building, on site fire hydrants and mains shall
be provided where required by the fire code official.
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509.1 Identification. Fire protection equipment
shall be identified in an approved manner. Rooms containing controls
for air-conditioning systems, sprinkler risers and valves, or other
fire detection, suppression or control elements shall be identified
for the use of the fire department. Approved signs required to identify
fire protection equipment and equipment location shall be constructed
of durable materials, permanently installed and readily visible. All
fire department connections shall have a sign approved by the fire
code official. The sign shall specify the type of water based fire
protection system it serves and the building areas served.
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609.3.3.1 Inspection. An inspection shall be performed
on all hoods, grease-removal devices, fans, ducts and other appurtenances
at intervals specified on Table 609.3.3.1 or as approved by the fire
code official. Inspections shall be made by the manufacturer, installer,
or maintenance company. The inspections shall ascertain that the system
will cover all the cooking surfaces with the extinguishing agent when
manually or automatically actuated. The manual actuation, automatic
actuation, and system interconnections shall also be inspected to
determine that they operate as required. A written inspection report
shall be filed with the fire code official upon completion of each
inspection.
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609.3.3.3 Records. Records for inspections shall
state the individual and company performing the inspection, a description
of the inspection and when the inspection took place. Records for
cleanings shall state the individual and company performing the cleaning
and when the cleaning took place. Such records shall be completed
after each inspection or cleaning, maintained on the premises for
a minimum of three years, and a copy of each report shall be forwarded
to the fire code official within 30 days of the date of the inspection,
cleaning, test, or maintenance performed.
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901.6.2 Records. Records of all system inspections,
tests, and maintenance required by the referenced standards shall
be maintained on the premises for a minimum of three years. A copy
of each inspection, test, or maintenance record shall be forwarded
to the fire code official within 30 days of the date of that the inspection,
test, or maintenance occurred.
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903.3.7 Fire Department connection. The location
of fire department connections shall be approved by the fire code
official as outlined in Sections 912.2 through 912.2.2.
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907.3.1 Duct smoke detectors. Smoke detectors installed
in ducts shall be listed for the air velocity, temperature and humidity
present in the duct. Duct smoke detectors shall be connected to the
building's fire alarm control unit when a fire alarm system is
required by Section 907.2. Activation of a duct smoke detector shall
initiate a visible and audible supervisory signal at a constantly
attended location and shall perform the intended fire safety function
in accordance with this code and the Michigan Mechanical Code. In
facilities that are required to be monitored by a supervising station,
duct smoke detectors shall report as a fire alarm. They shall not
be used as a substitute for required open area detection. (The remainder
of this section remains unchanged.)
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912.4 Access. Immediate access to fire department
connections shall be maintained at all times and without obstruction
by vehicle parking, carports, garages, refuse storage containers,
fences, landscaping or other obscuring features for a minimum of three
feet. Access to fire department connections shall be approved by the
Fire Chief.
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5601.1.3 Fireworks. The exception shown as #4 is
hereby modified as follows:
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The remainder of the section remains unchanged.
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5601.2.2 Sale and retail display. The sale and
retail display of fireworks shall comply with the provisions of PA
257 of 2012.[2]
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104.12 Open buildings due to fire. The fire code
official or a duly authorized representative is empowered to order
the securing of fire-damaged buildings. If the owners of the affected
building are present, this order shall be given to them. If no owners
or representatives of the building are present, the fire code official
or a duly authorized representative may have the building secured.
The expense of securing the building shall be a debt to the City from
the responsible owner and shall be collected as any other debt to
the City. Fire-damaged buildings or sites are subject to the same
abatement procedures as contained in Section 110 for unsafe buildings.
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105.1.7 Building permit requirements. No building
permit shall be issued by any City department until all plans required
by this section have been submitted and approved in accordance with
the provisions of this section.
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304.4 Outdoor containers. Dumpsters or containers
stored outdoors shall be provided with lids and shall be constructed
(including the lids) of noncombustible materials or approved combustible
materials. They shall not be placed within 10 feet of combustible
walls, openings or combustible roof eave lines.
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Exception: Existing enclosures or container storage
areas are exempt from this requirement where:
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1.
|
In the opinion of the fire code official, there is no other
location in which to locate them.
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2.
|
They are not currently within 10 feet of an exit or utility
meters.
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307.6 Outdoor solid-fuel-fired furnace prohibition. The installation and use of solid-fuel furnaces is prohibited. No
property owner, lessee, or person in possession or control of real
property in the City of Lapeer shall use or permit the use of solid-fuel-fired
furnaces.
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Existing nonconforming outdoor solid-fuel-fired furnaces. The
lawful use of a nonconforming outdoor solid-fuel-fired furnace existing
at the time of the adoption or amendment of this chapter may be continued
although such furnace does not conform to the provisions of this chapter.
However, the use of a nonconforming outdoor solid-fuel-fired furnace
must not create a public nuisance or cause a human health hazard.
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503.4.2 Authority to remove obstructions. If any
vehicle, trailer or other object is so located within a fire apparatus
access road or at any other location prohibited by this chapter, or
any City ordinance, at a time the fire department is responding to
an alarm which necessitates use of such fire apparatus access road
and/or other location, then any member of the City Police or Fire
Departments may move or cause same to be moved by any means necessary
without liability for any damage being occurred by the City of Lapeer
or any officer, agent or employee thereof.
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901.6.3 Certification required. Any installation,
testing, repair or maintenance of fire alarm or suppression systems
required by this code or the Building Code shall be performed only
by a certified fire alarm or suppression firm and/or individual or
by a firm and/or individual licensed pursuant to Act 407 of the Public
Acts of 2016, the Skilled Trades Regulation Act, MCLA § 339.5101
et seq., as amended.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)] | |
912.2.3 Remove location. Fire department connections
(FDCs) serving sprinkler systems shall be installed at an approved
remote location away from the building or structure, and shall not
be located on the wall of a building unless approved by the fire code
official. FDCs serving class 1 or 3 standpipe systems may be located
on walls, provided such walls are of fire-resistive or noncombustible
construction.
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912.2.4 Fire Department connection locations. Unless
approved by the fire code official, a fire department connection location
(FDC) shall not be located more than 50 feet from a fire hydrant.
FDCs shall be installed not less than 18 inches nor more than 36 inches
above the finished grade of an approved fire apparatus access road.
FDCs shall not be obstructed by vehicle parking, carports, garages,
refuse storage containers, fences, landscaping or other obscuring
features.
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Exceptions:
| |
1.
|
Existing FDCs.
|
2.
|
FDCs that are not able to be located away from a wall due to
physical restrictions may be located in an area approved by the fire
code official.
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SECTION 114
RESTITUTION
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114.1 Arson. In any case in which arson takes place,
the person(s) convicted of that crime, or of any lesser charge, or
by way of a plea bargain, shall be financially responsible for all
costs of investigating, fighting and extinguishing the fire, for any
property securing services and/or for any other security procedures
performed by the City of Lapeer or its agents or representatives.
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114.2 Alcohol and drugs. In any case where abuse
of alcohol or drugs can be proven to have contributed to the cause
of the emergency response by the City of Lapeer or its agents, the
person(s) proven to be on alcohol or drugs shall be financially responsible
for the cost of any work performed by the City of Lapeer or its agents
or representatives.
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SECTION 115
MISCELLANEOUS
| |
115.1 Fire alarms. No person shall willfully or
knowingly raise or circulate any false alarms of fire.
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115.2 Crossing of fire hose. 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 said operation.
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115.3 Defacing Fire Equipment. No person shall
damage, deface, or attempt, or conspire to damage or deface any fire
department vehicle at any time, or to injure, or attempt to injure,
fire department personnel while performing departmental duties.
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115.4 Fire hydrant use. A person shall not use
or operate any fire hydrant intended for the use of the fire department
for fire-suppression purposes unless such person first secures written
permission from the Director of Public Works. In addition, no person
shall obstruct, remove, tamper with or otherwise disturb any fire
hydrant except for the purpose of fire extinguishment, training, testing
purposes, making necessary repairs, or when permitted by the fire
code official or Director of Public Works.
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