City of Royal Oak, MI Fire Prevention

A certain document, which is on file in the office of the City Clerk of the City of Royal Oak, being marked and designated as the International Fire Code, 2015 edition, including Appendix Chapters E, F, I and G (see International Fire Code Section 101.2.1, 2015 edition), as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Royal Oak, Michigan, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the City Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 340-2 of this article. All references to the "International Building Code" shall be to the "Michigan Building Code."

§ 340-2 Modifications and amendments to standards.

The following sections are hereby revised:

(1)

In Section 101.1, insert: "City of Royal Oak, Michigan."

(2)

Section 104.1.1 shall be added following Section 104.1 to read as follows:

104.1.1 Duties and powers of the Code Official. All written policy statements promulgated and/or issued by the Code Official for clarification of a provision of this code, or as a rule or regulation regarding an issue not specifically or thoroughly addressed in the code shall have the same effect and enforceability as any other provision of this code.

(3)

Section 105.1 shall be amended to read as follows:

105.1 General. Permits shall be in accordance with Section 105.1.1 through 105.7.18. Where reference is made to this section for permits elsewhere in this code and there are no provisions for issuing said permits by the Department of Fire Prevention, the Fire Official is authorized to waive the particular permit requirement.

(4)

Section 105.6 shall be amended to read as follows:

105.6 Required operational permits. The Fire Official is authorized to issue operational permits for the operations set forth in Sections 105.6.1 through 105.6.48. Where there are no provisions for issuing said permits, the Fire Official is authorized to waive the particular permit requirement.

(5)

Section 107.3.1 shall be added following Section 107.3 to read as follows:

107.3.1 Inspections, testing and maintenance reports. All inspections and maintenance reports required to be furnished to the Fire Department by the code shall be electronically forwarded to the Fire Department using the IROL system (inspectionreportsonline.net), and any company doing inspections and maintenance shall be required to register with IROL.

(6)

Section 108.1 shall be amended to read as follows:

108.1 Board of Appeals established. In order to hear and decide appeals of orders, decisions, or determinations made by the Code Official relative to the application and interpretation of this code, the Royal Oak Construction Code Board of Appeals shall be utilized.

(7)

Section 108.1.1 shall be added following Section 108.1 to read as follows:

108.1.1 Application for appeal. Any person shall have the right to appeal a decision of the Code Official. The appeal shall be made first to the Chief of the Fire Department. This appeal shall be made in writing within 10 days of the decision of the Code Official. The decision of the Chief of the Fire Department may be appealed to the Royal Oak Construction Code Board of Appeals. This appeal shall be made by filing a petition within 20 days of the decision of the Chief of the Fire Department.

(8)

Section 108.3 shall be amended to read as follows:

108.3 Qualifications. The Construction Code Board of Appeals shall consist of members as established by City of Royal Oak Ordinance 2007-04, as amended.[1]

[1]

Editor's Note: See Ch. 260, Construction Code Enforcement, § 260-2, Construction Code Board of Appeals.

(9)

In section 109.4, add subparagraph 2 to read:

[Amended 5-8-2023 by Ord. No. 2023-03]

109.4.2 Reinspection fees. It shall be the discretion of the Fire Official to levy fees at $100 minimum hourly charge, per each reinspection, until the code violation(s) is/are abated or removed.

(10)

In Section 111.4, insert: "$100; $500."

(11)

Section 111.4.1 shall be added following Section 111.4 to read as follows:

[Amended 5-8-2023 by Ord. No. 2023-04]

111.4.1 Failure to correct violations. If notice to correct violation is not complied with within the specified time by the Fire Official, the Fire Official shall request the City Attorney of the jurisdiction to institute the appropriate legal proceedings to restrain, correct, or abate such violation, or to require removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code, or of any order or direction made pursuant to the code. The Police Department shall be requested by the Fire Official to make arrests for any offense against this code or orders of the Fire Official affecting the immediate safety of the public. It shall be the discretion of the Fire Official to levy fines for all Fire Code violations that have not been corrected upon the time of the first reinspection by the Fire Official. Fines shall be assessed in the amount of $100 minimum hourly charge, per each reinspection, until the code violation is abated or removed. Fire or injury resulting from failure or delay to comply with the violation will be attributed to negligence on the part of the responsible party or parties.

(12)

Section 308.1.1.1 shall be added following Section 308.1.1 to read as follows:

308.1.1.1 Prohibited use. A person shall not utilize, or allow to be utilized, an open flame in connection with a public meeting or gathering for purposes of deliberation, worship, entertainment, amusement, instruction, education, recreation, awaiting transportation or similar purpose in assembly or educational occupancies without first obtaining approval from the Fire Official.

(13)

Section 308.5 shall be added following Section 308.4.1 to read as follows:

308.5 Fire Department training. Open burning is allowed for the purpose of training firefighters for firefighting practice, or for the purpose of training the public, including workers or employees, or for the purpose of demonstration by the Fire Official or other trained fire personnel, when such burning is done in accordance with accepted practice.

(14)

Section 315.3.5 shall be added following Section 315.3.4 to read as follows:

315.3.5 Inside Storage. The Fire Official may require additional safeguards for operations involving the use of high-piled storage. Such safeguards may include, but not be limited to:
1.	In-rack fire suppression systems.
2.	Early warning fire detection systems.
3.	Additional clearances.
4.	Isolation of racks.
5.	Separation of storage commodities.
6.	High density sprinkler systems.

(15)

Section 315.7 shall be added following Section 315.6 to read as follows:

315.7 Separation. Outside storage shall not be located within 15 feet of a structure.

(16)

Section 403.2.2.1 shall be added following Section 403.2.2 to read as follows:

403.2.2.1 Announcements. In all A-2 Use Group occupancies, or in any occupancy as deemed necessary by the Fire Official, at the beginning of each performance, the house lights shall be turned on and an audible announcement shall be made not more than 10 minutes prior to the start of each program notifying each and every occupant of the location of all the exits to be used in the event of a fire or other emergency.

(17)

Section 503.1.4 shall be added following Section 503.1.3 to read as follows:

503.1.4 Installation. All fire apparatus access roads shall be installed before new construction of a building or structure is started. Apparatus access roads must meet the requirements of Section 503.

(18)

Section 503.2.4 shall be amended to read as follows:

503.2.4 Turning radius. All turns in fire lanes shall be constructed with a minimum radius of at least 50 feet at the outside edge or back of curbline, and the radius for the inside edge or back of curbline shall be at least 25 feet less than the outside radius provided.

(19)

Section 503.3.1 shall be added following Section 503.3 to read as follows:

503.3.1 Posting. All fire apparatus access roads shall be conspicuously posted on both sides of the fire apparatus access roads with "No Parking Fire Lane" signs, which shall conform to the Michigan Manual of Uniform Traffic Control Devices, and as prescribed by the Fire Official. Signs shall be erected no further than 75 feet apart in all areas designated as fire lanes.

(20)

Section 503.4.2 shall be added following Section 503.4.1 to read as follows:

503.4.2 Authority to remove obstructions. If any vehicle, trailer, or other object is located within a fire apparatus access road during a fire emergency or alarm or any other time when use of the fire lane is necessary, any Royal Oak police officer or member of the Royal Oak Fire Department may move or cause the same to be moved, by any means reasonably available, without liability for any damages sustained to said vehicle.

(21)

Section 505.1.1 shall be added following Section 505.1 to read as follows:

505.1.1 Street numbers. All commercial and multifamily premises shall bear a distinctive number on the front and at the rear of the entrance and exit of said premises in accordance with and as designated upon the street map on file in the Planning Department.

(22)

Section 507.5.1.2 shall be added following Section 507.5.1 to read as follows:

507.5.1.2 Fire hydrants required on private property. All such fire hydrants must meet the standards of the National Board of Fire Underwriters, and must be connected to a water main having a diameter of six inches or greater. The four-hundred-foot distance specified herein shall be measured along the route that a fire hose would be stretched, vertically and/or horizontally to fight a fire in such a building. No occupancy permit shall be issued permitting occupancy of any such building until such fire hydrant or hydrants have been installed. In the case of any building in existence on the date this section becomes effective, such building shall be made to comply with the provisions of this section within six months of said effective date. It shall be unlawful for any person to cause any building to be occupied contrary to the provisions of this section or to fail to install any fire hydrant or hydrants required by the provision of this section. There are no exceptions to the four-hundred-foot provision of Section 507.5.1.

(23)

Section 507.5.1.3 shall be added following Section 507.5.1.2 to read as follows:

507.5.1.3 Special locations. Additional fire hydrants may be required and located closer than the spacing required for high hazard classifications.

(24)

Section 507.5.1.4 shall be added following Section 507.5.1.3 to read as follows:

507.5.1.4 Access. Access to fire hydrants shall be by any approved roadway as specified by this code.

(25)

Section 507.5.1.5 shall be added following Section 507.5.1.4 to read as follows:

507.5.1.5 Pumper outlet direction. Each hydrant shall have the pumper (steamer) connection facing the primary roadway and shall be accessible so that a connection can be made between the hydrant and the apparatus located in the street with 20 feet of suction hose.

(26)

Section 507.5.1.6 shall be added following Section 507.5.1.5 to read as follows:

507.5.1.6 Hydrant outlet location. Fire hydrant outlets shall be a minimum of 18 inches and no more than 36 inches above the finished grade.

(27)

Section 507.5.1.7 shall be added following Section 507.5.1.6 to read as follows:

507.5.1.7 Unauthorized use of hydrants. A person shall not use or operate any fire hydrant intended for use of the Fire Department for fire suppression purposes, unless such person first obtains permission and secures a permit for such use from the Fire Official. This section shall not apply to the use of such hydrants by persons who are authorized to use City of Royal Oak fire hydrants, as authorized and/or permitted by the Fire Official or authority having jurisdiction.

(28)

Section 507.5.4.1 shall be added following Section 507.5.4 to read as follows:

507.5.4.1 Blocking fire hydrants and Fire Department connections. It shall be unlawful to obscure from view, damage, deface, obstruct or restrict the access to any fire hydrant or Fire Department connection used for the pressurization of fire suppression systems, including fire hydrants and Fire Department connections that are located on public or private streets and access lanes, or on private property. No parking shall be permitted and/or no obstruction shall be placed or constructed within 15 feet of any fire hydrant or Fire Department connection, public or private. If, upon the expiration of time mentioned in a notice of violation, obstructions or encroachments are not removed, the Fire Official shall proceed to remove the same. The expense incurred shall be a debt to the City from the responsible person, and, if necessary, the legal authority of the municipality shall institute appropriate action for recovering such costs.

(29)

Section 603.8 shall be amended to read as follows:

603.8. Incinerators. The use of, or operations of any incinerator within the City of Royal Oak shall be prohibited at any time.

(30)

Section 609.3.5 shall be added following Section 609.3.4 to read as follows:

609.3.5 Makeup air shutdown. Upon activation (either manually or automatically) of the kitchen fire suppression system, the makeup air supplied internally to a hood shall be shut off and the exhaust system shall remain on.

(31)

Section 801.2 shall be added following Section 801.1 to read as follows:

801.2 Explosive or highly flammable or combustible materials. Furnishings or decorations of an explosive or highly flammable or combustible character shall not be used.

(32)

Section 806.1.1 shall be amended to read as follows:

806.1.1 Restricted occupancies. Natural cut trees shall be prohibited in Group A, B, E, F, H, I, M, R-1, R-2, R-4, S, and U occupancies.

Exception: Trees located in areas protected by an approved automatic fire sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 shall not be prohibited in Groups A, B, E, F, M, R-1, R-2, S and U.

(33)

Section 903.2.7.2 shall be added following Section 903.2.7.1 to read as follows:

903.2.7.2. Basements. All basement storage areas in buildings of Use Group M shall be sprinklered at the direction of the Fire Official.

(34)

Section 903.2.8.5 shall be added following Section 903.2.8.4 to read as follows:

903.2.8.5. Basements. All basement storage areas in buildings of Use Group R-2 shall be sprinklered at the direction of Fire Official. In the event that individual storage areas are not afforded or provided for, and storage occupies the open and common area of the basement, the entire basement shall be sprinklered.

(35)

Section 903.2.11.3 shall be amended to read as follows:

903.2.11.3 Buildings more than 30 feet (9,144 mm) in height. An automatic sprinkler system shall be installed throughout a building that has a floor level which has an occupant load of 30 or more occupants and which is located 30 feet (9,144 mm) or more above the lowest level of Fire Department vehicle access.
Exceptions:
1.	Open parking structures.
2.	Occupancies in Group F-2.

(36)

Section 903.3.5 shall be amended to read as follows:

903.3.5 Water supplies. Water supplies for automatic sprinkler systems shall comply with this section and the standards referenced in Section 903.3.1. The potable water supply shall be protected against backflow in accordance with the requirements of this section and the current Michigan Plumbing Code. Double detector check assemblies shall be permitted, provided that they are capable of accommodating metered bypass requirements. No RPZ (reduced pressure) assemblies are permitted within the City of Royal Oak, except by permission of the Fire Official.

(37)

Section 903.4.2.1 shall be added following Section 903.4.2 to read as follows:

903.4.2.1 Fire Department connections - audible/visual alarms. A low voltage weatherproof combination audible/visual alarm with a minimum rating of 110 cd shall be connected to the sprinkler flow switch and mounted on the exterior wall above the Fire Department connection and shall be a component of the fire alarm system.

(38)

Section 904.12.6.4 shall be added following Section 904.12.6.3 to read as follows:

904.12.6.4 Cleaning schedule. When a cleaning schedule is not on file, the Fire Official may require a cleaning schedule to be submitted indicating the method of cleaning and the time intervals between cleaning. The frequency, type, and amount of cleaning may be determined by the Fire Official depending upon the accumulation of grease build-up.

(39)

Section 906.3.1.1 shall be added following Section 906.3.1 to read as follows:

906.3.1.1 Distribution. In use groups of R1 and R2 occupancies, a minimum of one 2A 10BC extinguisher shall be provided for every four dwelling units, and shall be accessible to residents of each dwelling unit. Extinguishers shall be tested by an approved, certified company on an annual basis.

(40)

Section 907.2.11.2.1 shall be added following 907.2.11.2 to read as follows:

907.2.11.2.1. Location. Single or multiple-station smoke alarms shall be installed and maintained in corridors, hallways, and all common areas of occupancies in Use Groups R-2 and R-3.

(41)

Section 907.4.2.4 shall be amended to read as follows:

907.4.2.4 Signs. Where fire alarm systems are not monitored by a supervising station, an approved permanent sign that reads: "THIS ALARM DOES NOT NOTIFY THE FIRE DEPARTMENT - TO REPORT A FIRE DIAL 911" shall be installed adjacent to each manual fire alarm box.

(42)

Section 908.8 shall be added following Section 908.7 to read as follows:

908.8 Monitoring. Where a building fire alarm system is installed, emergency alarm systems shall be monitored by the building fire alarm system in accordance with NFPA 72.

(43)

Section 912.1.1 shall be added following Section 912.1 to read as follows:

912.1.1 Interconnection. Where buildings or structures are equipped with two or more separate automatic fire sprinkler systems and/or two or more separate Fire Department sprinkler connections for such systems, the Fire Department connections shall be used to supply either sprinkler system.

(44)

Section 912.2.1 shall be amended to read as follows:

912.2.1. Visible location. In any building or structure required to be equipped with a Fire Department connection, the connection shall be located within 100 feet of a fire hydrant. The one-hundred-foot distance shall be measured along the route that a fire hose would be stretched, vertically and/or horizontally, to fight a fire in such a building. Fire department connections shall be located on the street side of buildings, fully visible and recognizable from the street or nearest point of Fire Department vehicle access or as otherwise approved by the Fire Official.

(45)

Section 912.3 shall be amended to read as follows:

912.3 Fire hose threads. All required Fire Department connections for new and modified systems shall be equipped with a single four-inch NPT by five-inch Stortz quick connect fitting with thirty-degree downturn.

(46)

Section 1004.3.1 shall be added following Section 1004.3 to read as follows:

1004.3.1 Overcrowding. A person shall not permit overcrowding or admittance of any person beyond the approved occupant load. The Code Official, upon finding overcrowded conditions or obstructions in aisles, passageways or other means of egress, or upon finding any condition which constitutes a hazard to life and safety, shall cause the occupancy, performance, presentation, spectacle or entertainment to be stopped until such a condition or obstruction is corrected and the addition of any further occupants prohibited until the approved occupant load is reestablished. In the interest of life safety to the occupants involved in overcrowding, the Code Official may also order the immediate evacuation of the building until safe conditions may be reestablished.

(47)

In Section 1103.5.2, insert "System installed by December 31, 2020."

(48)

Section 2304.2.6 shall be added following Section 2304.2.5 to read as follows:

2304.2.6 Fuel station public address systems. A listed and approved public address system shall be installed at each self-service station, providing the capability of two-way communication between the fuel-dispensing area and the station attendant. The public address system shall be maintained in an operational and functioning condition at all times.

(49)

Section 2801.3 shall be added following Section 2801.2 to read as follows:

2801.3 Approval. Approval shall be obtained from the Code Official for any facility or operation in which the storage, manufacturing and processing of timber, lumber, plywood, veneers and wood by-products are to be processed or stored.

(50)

Section 3303.5.1 shall be added following Section 3303.5 to read as follows:

3303.5.1 Clearances from combustibles. Any and all storage of combustible material or items shall be kept a minimum distance of 36 inches from heat producing appliances. Additional clearances may be required if deemed necessary by the Code Official.

(51)

Section 5601.1.3 shall be amended to read as follows:

5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited unless in compliance with the Michigan Fireworks Law, 2011 PA 256, as amended, or its equivalent.

(52)

Section 5601.1.4 shall be amended to read as follows:

5601.1.4 Rocketry. The storage, handling, and use of model and high-powered rockets shall comply with the requirements of NFPA 1122, NFPA 1125, and NFPA 1127, and the Michigan Model Rocket Law, 1965 PA 333, as amended, or its equivalent.

(53)

Section 5608.2.3 shall be added following Section 5608.2.2 to read as follows:

5608.2.3 Indoor displays. The indoor display of fireworks, including proximate audience displays and pyrotechnic special effects in motion picture, television, theatrical, group entertainment productions, or for any reason, in structures, shall be prohibited in the City of Royal Oak.

(54)

Section 5704.2.9.7.10 shall be added following Section 5704.2.9.7.9 to read as follows:

5704.2.9.7.10 New bulk plants. No new bulk plants for flammable liquids shall be constructed within the City of Royal Oak, except in districts where such use is specifically permitted under the provisions of the City of Royal Oak Zoning Ordinance, as amended.[2]

[2]

Editor's Note: See Ch. 770, Zoning.

(55)

Section 6104.5 shall be added following Section 6104.4 to read as follows:

6104.5 Balconies. The use or storage of Liquefied Petroleum Gas (LPG) cylinders on balconies in Use Group R-2 and Use Group R-3 is prohibited.

The geographic limits referred to in certain sections of the 2015 International Fire Code are hereby established as follows:

(1)

Section 5704.2.9.6.1 shall be amended to read as follows:

5704.2.9.6.1 Locations where aboveground tanks are prohibited. Storage of Class I and II liquids in aboveground tanks outside of buildings is allowed only in General Industrial Zones as defined by the City of Royal Oak Zoning Ordinance, No. 2001-9, § 770-44.

(2)

Section 5706.2.4.4 shall be amended to read as follows:

5706.2.4.4 Locations where aboveground tanks are prohibited. Storage of Class I and II liquids in aboveground tanks is allowed only in General Industrial Zones as defined by the City of Royal Oak Zoning Ordinance, No. 2001-9, § 770-44.

(3)

Section 5806.2 shall be amended to read as follows:

5806.2 Limitations. Storage of flammable cryogenic liquids in stationary containers outside of buildings is allowed only in General Industrial Zones as defined by the City of Royal Oak Zoning Ordinance, No. 2001-9, § 770-44.

(4)

Section 6104.2 shall be amended to read as follows:

Maximum capacity within established limits. For the protection of heavily populated or congested areas, the storage of liquefied petroleum gas is allowed only in General Industrial Zones as defined by the City of Royal Oak Zoning Ordinance, No. 2001-9, § 770-44 and the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons (7,570 liters).

§ 340-3 Fire control measures and regulations.

The following fire control measures and regulations are adopted for the purpose of controlling conditions which could impede or interfere with the fire suppression forces:

Authority at fires and other emergencies.

(1)

Fire Chief. The Fire Chief or his duly authorized representative, as may be in charge at the scene of a fire or other emergency involving the protection of life and/or property, is empowered to direct such operations as may be necessary to extinguish or control any suspected or reported fires, gas leaks, or other hazardous conditions or situations, or of taking any other action necessary in the reasonable performance of his or her duty.

(2)

Police or fire officials. A police or fire official, depending on who is in charge of a particular emergency situation:

(a)

May prohibit any person, vehicle, or object from approaching the scene; and

(b)

May remove or cause to be removed from the scene any person, vehicle, or object approaching the scene; and

(c)

May remove or cause to be removed from the scene any person, vehicle, or object which may impede or interfere with the operations of the Fire Department.

(3)

Fire Officials. The Fire Official may remove or cause to be removed any person, vehicle, or object from a hazardous area, and any such person, vehicle, or object shall do so immediately and shall not re-enter the area until authorized to do so by the Fire Official.

Interference with Fire Department operations. It shall be unlawful to interfere with, attempt to interfere with, conspire to interfere with, obstruct or restrict the mobility of, or block the path of travel of any Fire Department emergency vehicle or apparatus in any way, or to interfere with, obstruct or hamper any Fire Department operations.

Compliance with orders. A person shall not willfully fail or refuse to comply with any lawful order or direction of the Fire Official or interfere with the compliance attempts of another individual.

Authorized emergency vehicles/equipment.

(1)

Defined. Authorized emergency vehicles shall be restricted to those which are defined and authorized under the laws of the State of Michigan.

(2)

Yielding right-of-way; due care and caution. Drivers and operators shall comply with MCLA § 257.653 and MCLA § 257.653a. A person who violates either of these sections shall be subject to the penalties set forth in the Michigan Vehicle Code, MCLA § 257.1 et seq., as amended.

(3)

Following prohibited. It shall be unlawful for the operator of any vehicle, other than one on official business, to follow closer than 500 feet from any fire apparatus traveling in response to a fire alarm, or to drive any vehicle within the block or immediate area where fire apparatus has stopped in answer to a fire alarm.

(4)

Unlawful boarding or tampering with Fire Department emergency equipment. A person shall not, without proper authorization from the Fire Official in charge of said Fire Department emergency equipment, cling to, attach to, climb upon or into, board, or swing upon any Fire Department emergency vehicle, whether the same is in motion or at rest, operate any emergency warning equipment, or manipulate or tamper with, or attempt to manipulate or tamper with any levers, valves, switches, starting devices, brakes, pumps, or any equipment or protective clothing on, or a part of, any Fire Department emergency vehicle.

Vehicles crossing fire hose. A vehicle shall not be driven or propelled over any unprotected fire hose of the Fire Department when it is laid down on any street, alleyway, private drive, or any other vehicular road without the consent of the Fire Official in command of said operations.

Damage/injury to Fire Department equipment/personnel. It shall be unlawful for any person to damage or deface, or attempt or conspire to damage or deface, any Fire Department emergency vehicle or equipment at any time; or to injure, or attempt or conspire to injure Fire Department personnel while performing department duties.

Open building due to fire. The Fire Chief or his duly authorized representative may order the securing of any fire-damaged building. If the owner, lessee or occupant of the building is present, this order shall be given to that person. If no owner, lessee, or occupant of the building is present, the Fire Chief or his duly authorized representative may take reasonable measures to have the building secured. The expense of securing the building by the City shall be charged to the owner, lessee or occupant.

§ 340-4 Cost recovery.

Purpose. The purpose of this section is to enable the City of Royal Oak to require reimbursement from those individuals and/or entities who receive direct benefits from emergency medical/Fire/Police Department services provided by the City; from those persons responsible for the release, threatened release, leaking, spilling, or escape of dangerous materials, and/or damage to public property; and those requesting or necessitating that an emergency response be provided.

Definitions. For the purpose of this section, the words and phrases listed below shall have the following meanings:

DANGEROUS OR HAZARDOUS SUBSTANCES OR MATERIALS

Any and all substances, compounds, mixtures or materials that are defined to be, designated as, listed as, or which have characteristics that are hazardous or toxic under any federal, state or local statute, ordinance, rule or regulation, or under the relevant environmental laws.

EMERGENCY RESPONSE

The provision/utilization of environmental removal and/or cleanup, firefighting, emergency medical, crowd control, investigatory, and rescue services by the Police and/or Fire Department, or by a private corporation or governmental or intergovernmental entity or agency operating at the request of or direction of the Fire Department, as well as sign fabrication and repairs to damaged public property undertaken by or at the direction or request of the Department of Public Services. This definition shall include, but not be limited to, the provision/utilization of the City's firefighting/emergency medical/rescue services, including resuscitator and emergency extrication service, to the scene of a fire, accident, utility emergency, hazardous material incident, arson, technical rescue, or other emergency situation.

ENVIRONMENTAL CLEANUP

Removal, abatement, mitigation and restoration activities necessitated by any release or threatened release of a dangerous or hazardous substance or material of unknown composition reasonably believed to be dangerous or hazardous.

EXPENSE OF EMERGENCY RESPONSE

The actual costs associated with an emergency response. The expenses of making an emergency response shall include the costs associated with investigation, removal, repair, abatement, mitigation, environmental cleanup and analysis of chemical test, if applicable.

PERSON

Includes one or more individuals and/or corporate, unincorporated or partnership entities, including governmental entities and agencies.

PUBLIC PROPERTY

Real and/or personal property of a governmental entity.

RELEVANT ENVIRONMENTAL LAWS

As referred to herein, shall mean all applicable federal, state and local statutes, laws, ordinances, rules, regulation, orders, judicial determination, and decisions or determinations by any judicial, legislative or executive body of any governmental or quasi-governmental entity, whether in the past, the present, or the future, that regulate, prohibit, or impose duties or liabilities with respect to:

(1)

The installation, existence, or removal of, or exposure to asbestos on the property;

(2)

Performing or paying for testing, investigation, remedial actions, response activities, cleanup, fines or penalties relating to hazardous materials that are or were present, released, discharged, disposed, stored, manufactured, treated, or utilized at or from the property;

(3)

The existence, manufacture, treatment, storage, use, release, disposal, discharge, manufacture, remedy, or removal of hazardous materials at, to or from the property; and

(4)

The effects on the environment of the property or of any activity now, previously, or hereafter conducted on the property.

UTILITY EMERGENCY

Downed power lines, gas pipeline breaks, or other mishaps occurring in connection with the activities of public utilities or their suppliers which necessitate a response by the City's police, firefighting and/or emergency medical/rescue services, or cause damage to public property.

The relevant environmental laws shall include, but are not limited to the following, as all may be amended from time to time, and including any replacements thereof:

(1)

The Comprehensive Environmental Response Compensation and Liability Act, 43 U.S.C. § 9601 et seq.; Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; the Safe Drinking Water Act, 42 U.S.C. § 300F et seq.; the Toxic Substances Control Act 15 U.S.C. § 2601, et seq.; the Federal Water Pollution Control Act, 33 U.S.C. § 1251, et seq.; the Clean Air Act, 42 U.S.C. § 7401, et seq. and all regulations and interpretations promulgated in connection with the foregoing.

(2)

Environmental Protection Agency Regulations pertaining to asbestos (including 40 CFR Part 61, Subpart M); the Occupational Safety and Health Administration Regulations pertaining to Asbestos (including 29 CFR 1919.1011 and 1926.58) as each may now or hereafter be amended; and

(3)

The Michigan Natural Resources and Environmental Protection Act, MCLA § 323.101, et seq., and all regulations promulgated thereunder, and any similar local laws, ordinances and regulations pertaining to hazardous materials, asbestos and other environmental matters.

Presumption of liability.

(1)

The owner, lessor and operator of any property to which there is an emergency response shall be presumed liable for the expense of the emergency.

(2)

Any person or vehicle owner/lessee who owns, leases and/or operates a motor vehicle or other transporter or equipment, the operation of which results in an emergency response, shall be presumed liable for the expenses of said emergency response.

(3)

Any individual who is the subject of an emergency response by the City shall be presumed liable for the expenses of said emergency response.

(4)

Any person causing a fire, an accident, or any release giving rise to a need for environmental cleanup or other emergency response shall be presumed liable for the expenses of said emergency response.

(5)

In the event of a utility emergency, the public utility whose activities or facilities necessitated the emergency response shall be presumed liable for the expenses of said emergency response.

Recovery of expenses of emergency response.

(1)

Recovery of expenses for utility emergency. Any and all persons owning, maintaining or operating a public or private utility, including but not limited to, electric lines, telephone lines, cable lines and pipelines, within the City of Royal Oak, shall be responsible for and pay the actual cost and expense incurred by the City to respond to, assist, manage, monitor or remediate any emergency concerning or involving the utility.

(2)

Recovery of expenses for hazardous and toxic materials. Any owner and/or operator of any property, equipment or container shall be responsible for and pay the actual cost and expense incurred by the City to respond to, assist, manage, monitor or remediate an emergency incident involving hazardous or toxic materials.

(3)

Recovery of expenses for high BAC/OWI/OWVI/minor with BAC responses. Any owner/operator of any vehicle found to be guilty of any violation of federal, state or local law, ordinance, or regulation involving the operation of a motor vehicle and the consumption of intoxicating liquor and/or the use of a controlled substance shall be responsible for and pay all the actual costs and expenses incurred by the City to respond to, to assist with, to manage, and/or to transport from the incident.

(4)

Recovery of expenses for incendiary fires. Any person found responsible for setting an incendiary type fire by a court shall be responsible for and pay the actual cost and expense incurred by the City to respond, assist, manage, monitor, investigate or remediate the fire site. Incendiary fires shall include intentionally and legally started fires.

(5)

Actual costs. Actual costs and expenses shall include, but not be limited to, the direct costs, wages, fringe benefits, equipment operation and materials incurred by the Fire Department, Police Department, Department of Public Services or any other City Department or personnel or any labor services for which the City had to contract, in making the response to the emergency.

Dangerous or hazardous substances/materials liability.

(1)

It shall be the duty of any person who causes or controls leakage, spillage, or any other dissemination of dangerous or hazardous substances or materials to immediately remove such and clean-up the area of the spillage in such a manner that the area involved is fully restored to its condition as existed prior to such occurrence. The Fire Department shall be contacted to inspect said site to make certain that the cleaning is in compliance with local, state, and federal guidelines, regulations, and laws.

(2)

Any such person who violates this article by failing to clean, without delay, a dangerous or hazardous substance release, shall be liable to and pay the City for its costs incurred, or incurred by any party which it may engage for the complete abatement, mitigation, cleanup, restoration and inspection of the affected area, and shall be guilty of a misdemeanor punishable by up to 90 days' imprisonment or a fine of up to $500, or both.

(3)

The City shall be entitled to recover any and all expenses of emergency responses. Such expenses shall include, but are not limited to, any related third-party costs, which are necessary to ensure the safety of the City and its populace and buildings.

(4)

The City's Finance Department or its designee shall, within 90 days of receiving an itemized statement of expenses incurred for emergency response, submit a statement of charges for same by first class mail to any such person whose identity and address are known to the Director of Finance. Such a statement may also be transmitted via facsimile or other electronic means if such means are reasonably determined to provide actual notice to the intended recipient. Said statement shall require payment within 45 days.

(5)

Any person receiving such a statement shall have the opportunity to appeal all or any portion of the amount shown on such statement by filing a written request for same with the Fire Chief within 30 days of receipt of an invoice from the City. The request must be accompanied by a written explanation as to why the amount appealed should not be charged to the appellant. The Assistant Chief of the Fire Department, as hearing officer, or, in his absence, the Chief of the Fire Department or his designee shall hear such appeals. If the hearing officer determines that the appellant is not properly responsible for any or the entire amount charged, the hearing officer may waive such charge against the appellant. The findings and decisions of the hearing officer shall be in writing and filed with the Office of the Fire Chief.

(6)

If no written request for appeal is received within the specified time, the City may proceed by suit in a court of appropriate jurisdiction to collect any monies remaining unpaid at the expiration of 45 days from billing, or, if no bill is submitted, at any time subsequent to the emergency response in question.

(7)

In addition, the City shall have any other remedy available to the City by law.

Hazardous materials; arson fires.

(1)

The Fire Department shall have the authority to recover all costs related to the use of equipment, personnel, and supplies associated with incidents related to:

(a)

Hazardous materials.

(b)

Fires that are a direct result of an incendiary act.

(c)

Fires that are the result of, or can be attributed to, the failure of a building owner, occupant, or other responsible representative of the property to comply with a lawful order from the Code Official to abate a fire hazard.

(2)

Such costs shall include, but are not limited to those associated with incident abatement, mitigation, cleanup, extinguishment, standby, as well as any related third-party costs. Such costs shall be the responsibility of the owner, operator or agent of the building, property, equipment, vehicle, or container causing or contributing to a hazardous condition, fire, or dangerous situation.

Cost recovery: fires. To protect the health, safety and welfare of its residents and to serve as a deterrent against unsafe conditions, the City of Royal Oak or its Fire Department may recover all costs for use of equipment, personnel and supplies associated with fire extinguishment when it is determined that such fire extinguishment was necessitated by a person's intentional disregard for the safety of persons or property, violation of law, recklessness or gross negligence. The Fire Department may also request the City Attorney to file a civil action for the recovery for costs.

§ 340-5 Open burning and fuels.

Defined. "Open burning" means burning that is not contained in a vessel designed to contain fire.

No person shall cause or permit any open burning of fuel, garbage, or other combustible refuse or waste material, including by way of description, but not by way of limitation, leaves, brush, tree trimmings, and grass.

Fuel for a residential outdoor fire is limited to natural gas, propane (LPG), commercially available charcoal or charcoal briquettes. The fire shall not be utilized for waste disposal purposes.

Special occasional open fires may be allowed with permission of the Fire Chief or his/her designee, upon a determination by the Fire Chief or his/her designee that the maintenance of such fire is not likely to create a hazard or nuisance condition to adjacent property or persons in close proximity. The Fire Chief or his/her designee may attach conditions to the permit. The City may charge a fee for the permit to recover its incidental costs.

Section 307 of the International Fire Code of 2015 is repealed.

§ 340-6 Violations and penalties.

Any individual, partnership, corporation or other group acting as a unit violating any provision of this article or any order made thereunder shall be subject to a fine of not more than $500 or be imprisoned for a period not exceeding 90 days, or be both so fined and imprisoned, at the discretion of the court.

§ 340-7 Severability.

If any section, subsection, clause, phrase or portion of this article is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion of this article, and such holding shall not affect the validity of the remaining portions of this article.