[Adopted 4-5-1971 (Ch. 13, Art. VI, of the 2007 Code)]
[Amended 12-16-1974; 9-21-1987; 11-2-1998; 4-2-2001; 6-5-2006; 5-18-2009; 5-14-2012; 7-16-2012]
A. 
Adoption of NFPA 1. The City hereby adopts the 2009 edition of NFPA 1, Uniform Fire Code documents listed in Chapter 2 of that code, prescribing rules and regulations for fire prevention and conditions hazardous to life and property from fire or explosives; providing for the issuance of permits and collection of fees; repealing previous editions of NFPA 1; providing a penalty; providing a serviceability clause; providing for publication; and providing an effective date. NFPA 1, Uniform Fire Code, and documents adopted by Chapter 2, a copy of which is now on file and is open to inspection by the public in the office of the City Clerk, are hereby adopted and incorporated into this Code fully as if set out at length herein, and from the date which this article shall take effect, the provisions thereof shall be controlling within the City limits.
B. 
Adoption of NFPA 101. The City hereby adopts the 2009 edition of NFPA 101, Life Safety Code documents listed in Chapter 2 of that code, prescribing rules and regulations for fire prevention and conditions hazardous to life and property from fire or explosions; providing for the issuance of permits and collection of fees; repealing previous editions of NFPA 101; providing a penalty; providing a serviceability clause; providing for publication; and providing an effective date. NFPA 101, Life Safety Code, and documents adopted by Chapter 2, a copy of which is now on file and is open to inspection by the public in the office of the City Clerk, are hereby adopted and incorporated into this code fully as if set out at length herein, and from the date which this article shall take effect, the provisions thereof shall be controlling within the City limits.
C. 
Additions, insertions and changes to adopted codes.
(1) 
NFPA 1 Section 1.10 is hereby deleted and § 162-14 of this code is herein adopted as the Board of Appeals.
(2) 
NFPA 101 Section 24.3.5.1 through and including Section 24.3.5.2 are hereby deleted. The requirements of the 2009 International Residential Code shall apply in place of these deletions.
(3) 
NFPA 101 Section 31.3.4.5.4 is hereby deleted (superseded by 25 M.R.S.A. § 2464).
[Amended 2-28-1975; 9-26-2005]
The Fire Prevention Code and the national fire codes shall be enforced by the Fire Prevention Bureau in the Fire & Rescue Department of the City, which is hereby established and which shall be operated under the supervision of the Chief of the Department. The Chief of the Department may detail such members as inspectors as shall from time to time be necessary for the enforcement of said codes.
[Added 2-2-1987; amended 9-26-2005]
The position of Fire Inspector shall be established within the Fire & Rescue Department. The Fire Inspector shall be primarily responsible for enforcement of the Fire Prevention Code, and other such duties as are assigned by the Chief of the Fire & Rescue Department.
[Amended 2-18-1975; 9-26-2005]
A. 
Any person, being the owner or tenant or having control of any property or structure or part thereof which violates any of the provisions of the said Fire Prevention Codes and/or another section of this article or who fails to conform to any of the provisions thereof, after having received a ten-day notice of such violation, shall be subject to the penalty provisions of § 1-8 of this Code. The Fire Inspector, Chief of the Department, or a person designated by the Chief of the Department may cause a notice of violation or order to be served on the person responsible for the violation or noncompliance condition, in violation of the provisions hereof, or in violation of a plan or of a detail statement made with a permit application. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
B. 
If the notice is not complied with promptly, the Fire Inspector, Chief of the Department, or a person designated by the Chief of the Department may issue a civil summons, or may request that the City Legal Department institute the appropriate proceedings, in law or in equity, to restrain, correct or abate such violation.
C. 
Such violations shall be punishable by a fine, as set forth in § 1-8 of this Code, together with such injunctive relief or administrative remedies as may be available. Each and every day such a violation continues after such ten-day notice period shall constitute a separate offense.
[Added 9-26-2005]
A. 
The Zoning Board of Appeals is hereby established as the Board of Appeals to sit in judgment on matters concerning interpretation of NFPA Codes and any other standards within this article adopted by the City, and their enforcement.
B. 
The Board of Appeals shall meet whenever directed by the appointing authority to interpret the provisions of this code and to consider and rule on any properly filed appeal from a decision of the authority having jurisdiction, giving at least five days' notice of hearing, but in no case shall it fail to meet on an appeal within 30 calendar days of the filing of notice of appeal. All of the meetings of the Board shall be open to the public.
[Added 9-26-2005]
A. 
Any person shall be permitted to appeal a decision of the authority having jurisdiction to the Board of Appeals when it is claimed that any one or more of the following conditions exist:
(1) 
The true intent of the codes or ordinances described in this code has been incorrectly interpreted.
(2) 
The provisions of the codes or ordinances do not fully apply.
(3) 
A decision is unreasonable or arbitrary as it applies to alternatives or new materials.
B. 
An appeal shall be submitted to the authority having jurisdiction, in writing, within 30 calendar days of notification of violation, outlining the code provision from which relief is sought and remedy proposed.
[Added 3-13-1972; amended 2-2-1987; 9-26-2005]
A. 
Permits and approvals. The Westbrook Fire & Rescue Department shall be authorized to establish and issue permits, certificates, notices, and approvals, or orders pertaining to fire control and fire hazards pursuant to this section. Exception: This shall not apply to facilities that have in place a plan or procedure to ensure the fire-safe operation of the facility as required by this article. Such a plan or procedure must be approved by the Westbrook Fire & Rescue Department.
B. 
Revocation of permits and approvals. The Westbrook Fire & Rescue Department shall be permitted to revoke a permit or approval issued if any violation of adopted Codes is found upon inspection or in case there have been any false statements or misrepresentations submitted in the application or plans on which the permit or approval was based.
C. 
Revocation of other permits. Any attempt to defraud or otherwise deliberately or knowingly design, install, service, maintain, operate, sell, represent for sale, falsify records, reports, or applications, or other related activity in violation of this code shall be cause for immediate suspension or revocation of any related licenses, certificates, or permits issued by this jurisdiction. In addition, any such violation shall be subject to any other criminal or civil penalties as available by the laws of this jurisdiction including § 1-8 of this Code.
D. 
Effective date of revocation. Revocation shall be constituted when the permittee is duly notified by the Westbrook Fire & Rescue Department or its designee.
E. 
Continued occupancy or use after revocation or suspension prohibited. Any person who engages in any business, operation, or occupation, or uses any premises, after the permit issued therefor has been suspended or revoked pursuant to the provisions of this article, and before such suspended permit has been reinstated or a new permit issued, shall be in violation of this article and subject to any other criminal or civil penalties as available by the laws of this jurisdiction including § 1-8 of this Code.
F. 
Compliance required. A permit shall be predicated upon compliance with the requirements of this code and shall constitute written authority issued by the authority having jurisdiction to maintain, store, use, or handle materials or to conduct processes that could produce conditions hazardous to life or property, or to install equipment used in connection with such activities. Any permit issued under this article shall not take the place of any other license or permit required by other regulations or laws of this jurisdiction.
G. 
Inspections. The Westbrook Fire & Rescue Department shall have the authority to require an inspection prior to the issuance of a permit.
H. 
Duration of permit. A permit issued under this article shall continue until revoked or for the period of time designated on the permit. The permit shall be issued to one person or business only and for the location or purpose described in the permit. Any change affecting any of the conditions of the permit shall require a new or amended permit.
I. 
Extension of permit. The Westbrook Fire & Rescue Department shall have authority to grant an extension of the permit time period upon presentation by the permittee of a satisfactory reason for failure to start or complete the work or activity authorized by the permit.
J. 
Application. Applications for permits shall be made to the Westbrook Fire & Rescue Department on forms provided by the Westbrook Fire & Rescue Department and shall include the applicant's answers in full to inquiries set forth on such forms. Applications for permits shall be accompanied by such data as required by the Westbrook Fire & Rescue Department.
K. 
Review of application. The Westbrook Fire & Rescue Department shall review all applications submitted and issue permits as required. If any application for a permit is rejected by the Westbrook Fire & Rescue Department, the applicant shall be advised of the reasons for such rejection. Permits for activities requiring evidence of financial responsibility by the Westbrook Fire & Rescue Department shall not be issued unless proof of required financial responsibility is furnished.
L. 
Posting required. A copy of the permit shall be posted or otherwise readily accessible at each place of operation or carried by the permit holder as specified by the Westbrook Fire & Rescue Department.
M. 
Any activity authorized by any permit issued under this article shall be conducted by the permittee or the permittee's agents or employees in compliance with all requirements of this article applicable thereto and in accordance with the approved plans and specifications. No permit issued under this article shall be interpreted to justify a violation of any provision of this article or any other applicable law or regulation. Any addition or alteration of approved plans or specifications shall be approved in advance by the Westbrook Fire & Rescue Department, as evidenced by the issuance of a new or amended permit.
N. 
Permit contents. Permits shall be issued by the Westbrook Fire & Rescue Department and shall bear the name and signature of the Westbrook Fire & Rescue Department's designated representative. In addition, the permit shall indicate:
(1) 
Operation or activities for which the permit is issued;
(2) 
Address or location where the operation or activity is to be conducted;
(3) 
Name and address of the permittee;
(4) 
Permit number and date of issuance;
(5) 
Period of validity of the permit;
(6) 
Inspection requirements.
O. 
Inspections. Any application for, or acceptance of, any permit requested or issued pursuant to this article shall constitute agreement and consent by the person making the application or accepting the permit to allow the Westbrook Fire & Rescue Department to enter the premises at any reasonable time to conduct such inspections as required by this article.
P. 
Types of permits. The Westbrook Fire & Rescue Department shall have the authority to issue permits for the following operations within the jurisdiction:
(1) 
Automatic fire suppression systems. Installation of or modification to any automatic fire suppression system. Maintenance performed in accordance with this NFPA Code is not considered a modification and does not require a permit.
(2) 
Fire alarm and detection systems and related equipment. Installation of or modification to any fire alarm and detection systems and related equipment. Maintenance performed in accordance with Chapter 8 of NFPA 1 is not considered a modification and does not require a permit.
(3) 
Fire pumps and related equipment. Installation of or modification to fire pumps and related fuel tanks, jockey pumps, controllers, and generators. Maintenance performed in accordance with Section 6-4 of NFPA 1 is not considered a modification and does not require a permit.
(4) 
Standpipe systems. Installation, modification, or removal from service of any standpipe system. Maintenance performed in accordance with Section 6-2 of NFPA 1 is not considered a modification and does not require a permit.
(5) 
Private fire hydrants. Installation, modification, or removal from service of any private fire hydrants.
(6) 
Bonfires and outdoor rubbish fires. Written permission required. No person shall kindle, maintain or assist in maintaining any outdoor fire within the City without obtaining written permission from the Chief of the Department. Such burning shall be done under such property safeguards as the Chief of the Department may direct, taking into consideration such factors as time, place, and weather conditions. Permission shall be conditioned on one's keeping sufficient control of the fire, being responsible for all damages therefrom, and extinguishing all embers upon completion. The burning of "slash" from the clearing of lots and/or rights-of-way at construction sites is prohibited. Exceptions: residential use of outdoor grills and fireplaces for recreational purposes such as preparing food is permissible without permit, provided that no nuisance is created thereby.
(7) 
Storage of gasoline and diesel aboveground. The storage aboveground of more than 50 gallons of flammable and/or combustible liquids containing gasoline or diesel fuel. No such permit shall be issued unless the aboveground storage tank or container is located at least 50 feet from any building or structure and 50 feet from the adjoining property line. No permit shall be allowed for storage of more than 5,000 gallons of flammable and/or combustible liquids containing gasoline or diesel fuel at any one location.
(8) 
Removal of underground fuel and hazardous substance storage tanks. For the purpose of prescribing fire safety measures for the removal of underground fuel and hazardous substance storage tanks, there are hereby adopted the procedures for removal of underground storage tanks as recommended by the AIA Fire Prevention Code, 1970 edition; by the American Petroleum Institute, being particularly API Bulletin 1604, dated March 1981; and Maine Department of Environmental Protection Interim Guidelines, issued July 1986, which are incorporated as if set forth at length herein. No underground storage tank shall be junked, cut up or dismantled within the City limits unless the prior written approval of the Chief of the Department is obtained.
(9) 
Fireworks. Possession, storage, manufacture, sale, or discharge of fireworks within the jurisdiction.
(10) 
Flammable finished application. The spray application of flammable or combustible liquids. Installation or modification of any spray room or booth.
(11) 
Storage of oxidizers and organic peroxides regulated by Chapter 27 of NFPA 1.
(a) 
Materials classified as having more than one hazard category if the quantity limits are exceeded in any category.
(b) 
Repair, abandon, remove, place temporarily out-of-service, close, or substantially modify a storage facility.
(c) 
Installation, modification, alteration, or addition to any stationary aboveground or underground hazardous materials storage tank, secondary containment system, ventilation system, exhaust system, explosion venting or suppression systems, or gas detection systems.
(d) 
A plan to close a facility or terminate storage, dispensing, handling, or use of hazardous materials shall be submitted for approval at least 30 days prior to the action. The plan shall demonstrate that hazardous materials that were stored, dispensed, handled, or used in the facility have been transported, disposed of, or reused in a manner that eliminates the need for further maintenance and any threat to public safety.
(e) 
Storage, handling or use of chlorine.
(f) 
Installation or modification to any chlorine gas system.
(12) 
Lumberyards and woodworking plants. Storage of lumber exceeding 100,000 board feet.
(13) 
Magnesium. Storage, handling, or processing of magnesium in quantities deemed significant by the authority having jurisdiction.
(14) 
Organic coatings. Operation and maintenance of a facility that manufactures organic coatings.
(15) 
Outdoor storage of scrap tires. Establish, conduct, or maintain any outdoor storage of scrap tires that exceeds 2,500 feet of total volume of scrap tires.
(16) 
Repair garages and service stations. Operation of repair garages and service stations.
(17) 
Tar kettles. Permit shall be obtained at least two working days prior to the placement of a tar kettle.
(18) 
Rooftop heliports. Construction, modification, or operation of a rooftop heliport.