(a)
There is hereby adopted an ordinance establishing minimum regulations
for the safeguarding of life and property from the hazards of fire
and explosion arising from the storage, handling, and use of hazardous
substances, materials and devices; and from conditions hazardous to
life or property in the use or occupancy of buildings or premises;
known as the "Fire Prevention Code."
(b)
The Fire Prevention Code, three copies of which are on file in the
office of the City Clerk of the City of Old Town, is marked and designated
as the most recent "NFPA 1 Uniform Fire Code," as published by the
National Fire Protection Agency. The Fire Prevention Code is adopted
by the City of Old Town, in the State of Maine, for the control of
building and structures as herein provided; and each and all of the
regulations, provisions, penalties, conditions and terms of said NFPA
1 Uniform Fire Code are hereby referred to, adopted, and made a part
hereof as if fully set out in this article.
[Ord. of 5-5-2008]
As used in the NFPA Uniform Fire Code, the following terms shall
have the meanings indicated:
The Public Safety Director or his duly authorized representative.
The City of Old Town.
The City Attorney or attorney designated by the City Manager.
[Ord. of 5-5-2008]
The following amendments have been made in the NFPA Uniform
Fire Code adopted by this article:
(b)
The following articles and sections shall be enacted in addition
to those not specifically excluded above:
(1)
Chapter 1, Board of Appeals.
|
City of Old Town Appeals Process
|
|
1-8. Application for appeal.
|
|
1-8.1. Any person shall have the right to appeal
a decision of the code official to the Board of Appeals. An application
for appeal shall be based on a claim that the true intent of this
code or the rules legally adopted thereunder has been incorrectly
interpreted, the provisions of this code do not fully apply, or an
equally good or better method of fire prevention is used.
|
|
1-8.2. Construction of the Board of Appeals. The Board of Appeals shall be the same Board that hears appeals to the Zoning Ordinance of the City of Old Town as set out in Section 107 of the Zoning Ordinance of the City of Old Town.
|
|
1-8.3. Appeals procedure. The appeals procedure shall be the same as set out in Section 107.3 of the Zoning Ordinance of the City of Old Town Code of Ordinances.
|
(2)
Chapter 3, General Provisions.
|
3-6. Access Boxes.
|
|
3-6.1. Secured key access.
|
|
Any building, other than a residential building
of less than four units, which has a fire alarm system or other fire
protection system shall provide a secure key box installed in a location
accessible to the Fire Department in case of emergency. This key box
shall contain keys to the fire alarm control panels and other keys
necessary to operate or service fire protection systems. The key box
shall be a type approved by the code official and shall be located
and installed as approved by the code official. If company policy
forbids installation of a key box, the owner, or his designated representative,
will be required to sign a letter advising of the Fire Department
policy to force entry to buildings to which no key box is provided.
|
[Ord. of 5-5-2008]
Whoever violates any provisions of this article or adopted code shall be subject to the penalties and provisions of § 1-8 of this Code.
[Ord. of 5-5-2008; amended 8-15-2022]
(a)
There is hereby adopted an ordinance establishing minimum requirements
that will provide a reasonable degree of life safety from fire in
new and existing buildings, addressing those construction, protection,
and occupancy features necessary to minimize danger to life from fire,
smoke, fumes, or panic.
(b)
The Life Safety Code, one copy of which is on file in the office
of the City Clerk of the City of Old Town, is marked as the most recent
"NFPA 101 Life Safety Code," as published by the active membership
of the National Fire Protection Association, Inc. The Life Safety
Code is adopted by the City of Old Town, in the State of Maine, for
the control of buildings and structures as herein provided; and each
and all regulations, provisions, penalties, conditions and terms of
said NFPA 101 Life Safety Code are hereby referred to, adopted, and
made part hereof as if fully set out in this article.
[Ord. of 5-5-2008]
As used in the Life Safety Code, the following terms shall have
the meanings indicated:
The Public Safety Director or his duly authorized representative.
The City Attorney or attorney designated by the City Manager.
[Ord. of 5-5-2008]
(b)
The following articles and sections shall be enacted in addition
to those not specifically excluded above:
|
1-4.1.1. It shall be the duty and responsibility of the Public
Safety Director, or his authorized representative, to enforce the
provisions of the Life Safety Code as herein set forth. The designated
enforcement officer of this code is herein referred to as the "authority
having jurisdiction."
|
|
1-4.1.2. The authority having jurisdiction, for the purpose
of ascertaining and causing to be corrected any conditions that endanger
life from fire, smoke, fumes, panic, or any violations of the provisions
or intent of this code or any other ordinance affecting fire and life
safety, may inspect all structures and premises, including the new
construction of one- and two-family dwellings and new additions to
existing one- and two-family dwellings in which an occupancy permit
has not yet been issued, and new or existing one- and two-family dwellings
which are not owner-occupied and which are offered to the public for
lease or rent. The inspection of all other owner-occupied one- and
two-family dwellings will be done only at the request and invitation
of the property owner.
|
|
1-4.1.3. Whenever necessary for the purpose of enforcing the
provisions of this code, or whenever the authority having jurisdiction
has reasonable cause to believe that there exists in any structure
or upon any premises any condition which makes such structure or premises
unsafe, the authority having jurisdiction shall be permitted to enter
such structure or premises at all reasonable times to inspect the
same or to perform any duty imposed upon the authority having jurisdiction
by this code; provided that if such structure or premises is occupied,
the authority having jurisdiction shall first present proper credentials
and request entry. If such entry is refused, the authority having
jurisdiction shall have recourse to every remedy provided by law to
secure entry.
|
|
1-4.1.4. The authority having jurisdiction, duly authorized
representative or employee charged with the enforcement of this code,
while acting for the jurisdiction, shall not thereby be rendered liable
personally and is hereby relieved from all personal liability for
any damages to persons or property as a result of any act required
or permitted in the discharge of official duties. Any suit instituted
against any employee because of an act performed in the lawful discharge
of duties and under the provisions of this code shall be defended
by the legal representative of the jurisdiction until the final termination
of the proceedings. The authority having jurisdiction or any subordinates
of the authority having jurisdiction shall not be liable for costs
in any action, suit or proceeding that is instituted in pursuance
of the provisions of this code; any employee acting in good faith
and without malice shall be free from liability for acts performed
under any of its provisions or by reason of any act or omission in
the performance of the official duties in connection therewith.
|
|
1-4.1.5. The jurisdiction shall not be liable under this code
for damage to persons or property by reason of the inspection or reinspection
of buildings, structures or equipment authorized herein, or failure
to inspect or reinspect such buildings, structures or equipment by
reason of the approval or disapproval of any building, structure or
equipment authorized herein.
|
|
1-4.1.6. The authority having jurisdiction shall have the authority
as necessary in the interest of public safety, health and general
welfare to promulgate rules and regulations, to interpret and implement
the provisions of this code, to secure the intent thereof, and to
designate requirements applicable because of climatic or other conditions.
Such rules shall not have the effect of waiving any life safety requirements
specifically provided in this code or violating accepted engineering
practice involving public safety.
|
|
1-4.1.7. Whenever the authority having jurisdiction observes
an apparent or actual violation of a provision of this code or other
codes or ordinances under the authority having jurisdiction, the authority
having jurisdiction shall prepare a written notice of violation describing
the condition deemed unsafe and specifying time limits for the required
repairs or improvements to be made to render the building, structure
or premises safe and secure. The written notice of violation of this
code shall be served upon the owner, a duly authorized agent or upon
the occupant or other person responsible for the conditions under
violation. Such notice of violation shall be served either by delivering
a copy of same to such person or persons, by ordinary mail to the
last known post office address, delivered in person or by delivering
it to and leaving it in the possession of any person in charge of
the premises, or in the case such person is not found upon the premises,
by affixing a copy thereof in a conspicuous place at the entrance
door or avenue of access; and such procedure shall be deemed the equivalent
of personal notice.
|
|
1-4.1.8. If the notice of violation is not complied with within
the time specified by the authority having jurisdiction, the authority
having jurisdiction may request the legal counsel 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 use of the building or structure in violation of the provisions
of this code or of any order or direction made pursuant thereto. The
Police Department of the jurisdiction shall be requested by the authority
having jurisdiction to make arrests for any offense against the code
or orders of the authority having jurisdiction affecting the immediate
safety of the public.
|
|
1-4.1.9. Any person, firm, or corporation violating any of the provisions of the code or failing to comply with any order issued pursuant to any section thereof shall be subject to penalties and provisions of § 1-8 of this Code.
|
|
1-4.1.10. The imposition of the penalties herein described shall
not prevent the legal officer of the jurisdiction from instituting
appropriate action to prevent unlawful construction or to restrain,
correct or abate a violation; or prevent illegal occupancy of a building,
structure or premises; or stop an illegal act, conduct of business
or use of a building or structure in or about any premises.
|
|
1-4.1.11. Any person shall have the right to appeal to the Board
of Appeals from a decision of the authority having jurisdiction. An
application for appeal shall be based on a claim that the true intent
of this code or the rules legally adopted thereunder has been incorrectly
interpreted, the provisions of this code do not fully apply, or an
equally good or better method of providing for life safety has been
used.
|
|
1-4.1.12. The Board of Appeals shall be the same Board that hears appeals to the Zoning Ordinance of the City of Old Town as set out in Section 107 of the Zoning Ordinance of the City of Old Town Code of Ordinances. The appeals procedure shall be the same outlined in Section 107.3 of the Zoning Ordinance.
|
