[Adopted 9-4-2018 by Ord. No. 18-02]
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:
APPROVED 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.
FIRE ZONE 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.
OWNER 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:
"Building served by both natural gas and LPG. |
Locations of shutoffs are (locations of shutoffs listed)." |
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.