[Adopted 9-4-2018 by Ord.
No. 18-02[1]]
[1]
Editor's Note: This ordinance also provided for the repeal
of former Arts. I, II, and III of this chapter.
It is the intent of this code to prescribe 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 in the areas left to local jurisdiction by the State Building
Code, Connecticut State Fire Safety Code, and the Connecticut State
Fire Prevention Code.
(a)
The provisions of this code shall apply equally to new and existing
conditions, except that existing conditions not in strict compliance
with the terms of this code shall be permitted to continue where the
exceptions do not constitute a distinct hazard to life or property
in the opinion of the Fire Marshal.
(b)
Nothing contained in this code shall be construed as applying to
the transportation of any article or thing shipped under the jurisdiction
of and in compliance with the regulations prescribed by the Interstate
Commerce Commission, nor as applying to the military forces of the
United States.
(c)
The requirements of this code shall not supersede the requirements
of either the Connecticut State Fire Safety Code, the Connecticut
State Fire Prevention Code, or the State Building Code. The Fire Marshal
shall have all of the authority granted pursuant to the Connecticut
General Statutes to enforce the Connecticut State Fire Safety Code
and the Connecticut State Fire Prevention Code and the provisions
of this chapter.
All matters which could reasonably be intended to be regulated
by this code but not specifically set out herein shall be deemed to
be included among the matters herein regulated. The requirements for
said matters shall be at minimum those which are nationally recognized
as good fire prevention and protection practices for such matters.
Meeting the requirement of the National Fire Prevention Code as promulgated
by the National Fire Protection Association, as amended from time
to time, shall be prima facie evidence of compliance.
The Fire Marshal or any inspector thereof may, at all reasonable
hours, enter any building or premises for the purpose of making any
inspection, or investigation which, under the provisions of this code,
such Fire Marshal or inspectors may deem necessary to be made.
It shall be the duty of the Fire Marshal to inspect, or cause
to be inspected, all buildings and premises, except the interiors
of dwellings, as often as may be necessary for the purpose of ascertaining
and causing to be corrected any conditions liable to cause fire or
endanger life from fire or any violations of the provisions or intent
of this code and of any other ordinance affecting the fire hazard.
The service of orders for the correction of violations of this
code shall be made upon the owner, occupant or other person responsible
for the conditions, either by delivering a copy of same to such person
or by delivering the same to and leaving it with any person in charge
of the premises, or in case no such person is found upon the premises,
by affixing a copy thereof in a conspicuous place on the door to the
entrance of the premises. Whenever it may be necessary to serve such
an order upon the owner of premises, such order may be served by delivering
to and leaving with the person a copy of the order or, if such owner
is absent from the jurisdiction of the officer making the order, by
sending such copy by registered mail to the owner's last known
post office address.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this code, have the meanings indicated in this
section:
Accepted by the Fire Marshal as a result of investigation
and experience or by reason of test, listing or approval by Underwriters'
Laboratories, Inc., the National Bureau of Standards, the American
Gas Association Laboratories or other nationally recognized testing
agencies.
Areas designated by the Town through local ordinance that
regulate the size, type of construction and nature of use or occupancy
of such buildings or facilities therein and the fire suppression equipment
and method of attack utilized by the Fire Department, in order to
provide for the orderly access of fire and other emergency equipment
to buildings or facilities open to the public.
Includes the owner's authorized agent or attorney, a
purchaser, devisee, fiduciary, and a person having a vested or contingent
interest in the property in question.
This code shall not be construed to hold the municipality responsible
for any damage to persons or property by reason of the inspection
or reinspection authorized herein, or failure to inspect or reinspect,
or the permit issued as herein provided or by reason of the approval
or disapproval of any equipment authorized herein.
(a)
Modifications. The Fire Marshal shall have power to modify any of
the provisions of the code hereby adopted upon application in writing
by the owner or lessee, or a 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 Fire Marshal thereon shall be entered upon the records and a signed
copy shall be furnished to the applicant.
(b)
Appeals. Whenever the Fire Marshal shall disapprove an application
or refuse to grant a permit applied for, or when it is claimed that
the provisions of the code hereby adopted do not apply or that the
true intent and meaning of the code have been misconstrued or wrongly
interpreted, the applicant may appeal from the decision of the Fire
Marshal to the Town Manager within 30 days from the date of the decision
appealed.
(c)
Penalties.
(1)
Any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Town Manager or by a court of competent jurisdiction, within the time fixed herein, shall severally, for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable as provided in Section 1-8 of this Code of Ordinances for each violation. All such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense.
(2)
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
The intent of this section is to provide adequate water supply
and Fire Department access in order to ensure the appropriate fire
protection for all new and existing buildings in the Town of Windsor.
This section shall apply to all public and privately owned property.
An approved water supply capable of supplying the required fire
flow for fire protection shall be provided to all premises upon which
facilities, buildings, or portions of buildings are hereafter constructed
or moved into the jurisdiction. Where available, a municipal water
supply shall be utilized.
(a)
Where municipal water is available, fire hydrants shall be installed
at the developer's expense.
(1)
For residential and unclassified occupancies, the hydrants shall
be spaced at intervals not to exceed 500 feet, unless greater space
between hydrants is approved by the Fire Marshal.
(2)
For all other occupancies, hydrants shall be placed at intervals
not to exceed 250 feet, unless a greater space between hydrants is
approved by the Fire Marshal.
(b)
Private fire service mains and appurtenances shall be installed in
accordance with NFPA 24.
(c)
Water tanks for private fire protection may be required in buildings
where the municipal water supply is insufficient to meet the required
fire flow and shall be installed in accordance with NFPA 22.
(d)
Buildings equipped with a Fire Department connection installed in
accordance with the State Building Code and Connecticut State Fire
Safety Code shall have a hydrant within 100 feet of the Fire Department
connections.
(1)
Exception: The distance shall be permitted to exceed 100 feet where
approved by the Fire Marshal.
(e)
Where no adequate or reliable municipal water distribution system
exists to provide adequate fire protection, all buildings shall be
protected throughout by an automatic sprinkler system with stored
water, to be installed in accordance with the applicable codes.
Whenever the Town Manager shall determine that public convenience
and interest require the installation of any new fire hydrant, such
Director shall notify the Council, which shall thereupon hold a public
hearing. Notice of such hearing shall be given by publication and
by notice sent by mail to all record owners of property located within
such distances in any direction from the proposed hydrant location
which shall be benefitted.
In the event that the Council shall determine that public convenience
and necessity require the installation of such hydrant, the Council
shall thereupon instruct the Town Manager to contract with the Water
Bureau of the Metropolitan District for the installation of said hydrant
and shall assess so much of the cost of the installation of said hydrant
as the Council deems necessary and proper equitably among the owners
of property which shall be benefitted by said hydrant, having in mind
the nature and use of the land and the state of improvement thereof.
At all such hearings, the Council may receive and consider the testimony
of expert appraisers.
The Council shall give notice of such assessment to each owner
as soon as the same shall have been determined, and the same shall
be a lien upon the premises of such owner, provided that the Town
Manager shall cause a certificate of lien to be recorded in the Town
Clerk's office within 60 days from the date of such notice, and
such lien shall thereafter continue to be a lien upon such premises
until the assessment, together with fees and charges, is fully paid,
and may be foreclosed in the same manner as tax liens; and the Town
shall not be required to file for record any further certificate of
such lien.
(a)
Any owner of property against which a hydrant assessment has been
made may request a deferment of payment of the assessment whenever
the assessment has been made against significant acreage of substantially
underimproved land.
(b)
A deferment of the assessment may be granted by Council in accordance
with the following conditions:
(1)
The assessment must exceed $100.
(2)
A request for a deferment is to be made by the owner of the premises
upon which the assessment is being placed or the owner's designated
representative, to Council, at the time of the public hearing considering
the hydrant installation. This request must be made in writing by
the owner or the owner's legal representative.
(3)
If the deferment request is approved by Council, the amount of the
deferment plus interest at the same rate as delinquent property taxes
will be secured by placing a lien against the property for which the
deferment was granted.
(4)
The deferred assessment and interest will be due and payable whenever
the land is sold, subdivided, or built upon. Upon payment in full
of the amount due, the lien shall be released by the Town.
Where required, fire zones will be established to provide for
the orderly access of fire and other emergency equipment to buildings
and facilities. These requirements may be in accordance with the size,
type of construction and nature of use or occupancy of such buildings
or facilities contained therein and the fire suppression equipment
and method of attack utilized by the Fire Department.
(a)
All approved center design development districts in Windsor Center
and Poquonock Center, as described in the Windsor Zoning Regulations,
are designated as fire zones.
(b)
The Great Pond Development District is designated as a fire zone.
(c)
All approved "housing for older adults" developments, as described
in the Windsor Zoning Regulations, are designated as fire zones.
Fire lanes and Fire Department access roads shall be provided
as required in the Connecticut Fire Prevention Code and as determined
by the Fire Marshal.
The owners, agents or occupants shall cause to be erected, installed
and maintained, at their own expense, permanent, adequate signs bearing
the words "FIRE LANE — NO PARKING" in said fire lane.
Such owners, agents or occupants shall cause such other and further
designations as are reasonably required by the Fire Marshal to warn
persons to keep said fire lanes free.
Fire lanes established under this article shall be kept free
of ice and snow and of rubbish containers or other obstructions.
No person shall park or permit to stand a motor vehicle in any
fire lane that has been established in accordance with this article,
except when actually picking up or discharging passengers or actively
engaged in loading or unloading a motor vehicle.
Whenever any vehicle shall be found parked in violation of the
regulations as established above, any police officer may attach to
such vehicle a notice to the owner or operator thereof that such vehicle
has been parked in violation of these regulations, and further that
such owner or operator shall be subject to penalties as specified
in the Official Town Price Guide. Payment as stated above to the designated
authority as stated on said parking violation notice shall be in lieu
of a court appearance. The registered owner of said motor vehicle
shall be presumed to be the operator of such vehicle.
Any motor vehicle found parked or standing in a fire lane that
has been established in accordance with this article may be towed,
upon the direction of a police officer, to any public or private parking
facility; and all expenses of such towing, and any subsequent storage,
shall be borne by the registered owner or operator of such vehicle.
In all new and existing buildings, minimum radio signal strength
for Fire Department communications shall be maintained at a level
determined by the Fire Marshal. Two-way radio communication enhancement
systems may be required.
(a)
Where required by the Fire Marshal, two-way radio communication enhancement
systems shall comply with NFPA 72.
(b)
Where a two-way radio communication enhancement system is required
and such system, components, or equipment has a negative impact on
the normal operations of the facility at which it is installed, the
Fire Marshal shall have the authority to accept an automatically activated
responder system.
Outdoor fires are prohibited unless they meet one of the following
exceptions:
(a)
Bonfires. A bonfire shall not be conducted within 50 feet of a structure
or combustible material. Conditions which could cause a fire to spread
to within 50 feet of a structure shall be eliminated prior to ignition.
Bonfires shall be constantly attended until the fire is extinguished.
This person shall have a means to completely extinguish the fire available
for immediate utilization.
(1)
"Bonfire" is defined as an outdoor fire burning clean, dry hardwood,
utilized for ceremonial purposes.
(b)
Recreational fires. Recreational fires shall not be conducted within
25 feet of a structure or combustible material. Conditions which could
cause a fire to spread within 25 feet of a structure shall be eliminated
prior to ignition. Recreational fires shall be constantly attended
until the fire is extinguished. This person shall have a means to
completely extinguish the fire available for immediate utilization.
(1)
"Recreational fire" is defined as an outdoor fire burning clean,
dry hardwood, where the fuel being burned is not contained in an incinerator,
outdoor fireplace, or portable outdoor fireplace and has a total fuel
area of three feet or less in diameter and two feet or less in height,
for pleasure, religious, ceremonial, cooking, warmth, or similar purposes.
(c)
Portable outdoor fireplaces. Portable outdoor fireplaces shall be
used in accordance with the manufacturer's instructions and shall
not be operated within 15 feet of a structure. Portable fireplaces
used at one- and two-family dwellings may be within 10 feet of a structure.
Fires in portable outdoor fireplaces shall be constantly attended
until the fire is extinguished. This person shall have a means to
completely extinguish the fire available for immediate utilization.
The Fire Department shall be authorized to require any fire to be
immediately discontinued if the fire is determined to constitute a
hazardous condition.
Where premises are served by both natural gas and propane permanent,
readily visible signage, approved by the Fire Marshal, shall be provided
at the shutoff locations for both utilities. Signs shall read:
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"Building served by both natural gas and LPG.
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Locations of shutoffs are (locations of shutoffs listed)."
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The enactment of this article shall not operate as an abatement
of any action or proceeding previously taken, now pending, or taken
prior to the effective date of this article. All said actions and
proceedings are hereby ratified to be continued.
All provisions of the Town Code in conflict herewith are hereby
repealed; and if for any reason any word, clause, paragraph, or section
of this article shall be held to make the same unconstitutional, this
article shall not hereby be invalidated, and the remainder of the
article shall continue in effect. Any provision herein which is in
conflict with the Connecticut General Statutes is hereby repealed,
it being understood that said statute shall take precedence over this
article.
This article shall become effective 10 days after publication
in a newspaper having a substantial circulation in Windsor.
