[1]
Editor's Note: Prior ordinance history includes Ordinance Nos. 506, 661, 709, 750, 897, 914, 928. Article I was replaced and readopted in its entirety by Ordinance No. 1014, 3-10-2015.
[Ord. No. 1014, 3-10-2015; amended 12-27-2022 by Ord. No. 1141]
There is hereby adopted by the City of Williston and incorporated by reference herein the City of Williston Fire Prevention Code, which shall consist of the following codes, except those portions hereinafter deleted, modified or amended:
International Fire Code (IFC) with the appendices, same edition as the adopted International Building Code.
(a) 
Subsequent editions. Subsequent editions or revisions of the International Fire Code (IFC) adopted by the City of Williston shall be the same edition as the International Building Code, as referenced by the North Dakota Building Code, and is considered adopted and in full force and effect within the city upon the adoption of the North Dakota Building Code and the filing of one copy of the Fire Prevention Code in the office of the city auditor.
(b) 
Additional Standards. In addition to the International Fire Code and appendices, the City of Williston incorporates into the City of Williston Fire Prevention Code, the National Fire Protection Association standard 1221, a Standard for the Installation, Maintenance, and Use of Emergency Services Communications Systems.
(c) 
Conflicts. In the event of any conflict between the provisions of the Code adopted by this chapter and applicable provisions of state law or city ordinances, rules or regulations, the provisions of the city ordinances, rules or regulations shall prevail and be controlling.
[Ord. No. 1014, 3-10-2015]
(a) 
Whenever the word "municipality" or the word "city" is used in any code adopted pursuant to this title, it means the City of Williston, North Dakota.
(b) 
Whenever the words "corporate counsel" or city attorney" is used in any code adopted pursuant to this title, it means the city attorney of the City of Williston, North Dakota.
(c) 
Whenever the term "International Building Code" is used in the International Fire Code, it shall mean the currently adopted International Building Code.
(d) 
Whenever the terms "International Plumbing Code" is used in the International Fire Code, it shall mean the "North Dakota State Plumbing Code" or currently adopted plumbing code by the City of Williston.
(e) 
Whenever the term "ICC Electrical Code" is used in the International Fire Code, it shall mean the "Wiring Standards of North Dakota" or the currently adopted Electrical Code by the City of Williston.
[Ord. No. 1014, 3-10-2015]
The International Fire Code shall be enforced and administered by the Chief of the Fire Department or his designated representative or representatives and shall include the following:
(a) 
Fire Prevention Bureau.
(1) 
The International Fire Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the city, which shall be operated under the supervision of the Chief of the Fire Department.
(2) 
The Chief of the Fire Department may detail such members of the Fire Department as inspectors as shall from time to time be necessary. The Chief of the Fire Department may recommend to the board of commissioners the employment of technical inspectors.
(3) 
A report of the Bureau of Fire Prevention shall be made monthly and annually and transmitted to the Fire Chief; it shall contain all proceedings under this code, with such statistics as the Chief of the Fire Department may wish to include therein. The Chief of the Fire Department shall also recommend any amendments to the code, which in his judgment, shall be desirable.
(b) 
Modifications.
(1) 
The Chief of the Bureau of Fire Prevention shall have power to modify any of the provisions of the International Fire Code upon application in writing by the owner or lessee, or his 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 Chief of the Bureau of Fire Prevention thereon shall be entered upon the records of the department and signed copies shall be furnished to the applicant.
(c) 
New materials, processes or occupancies which may require permits.
(1) 
The Police, Fire and Ambulance Commissioner, the chief of the Fire Department and the Chief of the Bureau of Fire Prevention shall act as a committee to determine and specify after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in the International Fire Code, the Chief of the Bureau of Fire Prevention shall post such list in a conspicuous place in his office and distribute copies thereof to interested persons.
[Ord. No. 1014, 3-10-2015]
(a) 
Authority to enter. The Fire Chief or the Chief Fire Inspector is authorized to enter and inspect, or cause to be inspected, all buildings and premises for the purpose of conducting an annual fire code compliance inspection. This section shall not apply to the residential dwelling units.
(b) 
Annual inspection fee. The Fire Chief or the Chief Fire Inspector or his or her designee shall charge an annual inspection fee for each fire code compliance inspection, except when such building or premises is owned by state or local government. It shall be the duty of every person maintaining or operating the business or premises to pay the City Auditor's Office the annual inspection fee. Equipment requiring periodic testing or operation shall be tested or operated as specified by the International Fire Code, as adopted by the City of Williston, and the equipment testing fees shall be included in the fire inspection fee. All building inspection fees shall be set by resolution by the City Commission for the City of Williston and shall be filed with the City Auditor's Office. All new construction inspection fees shall be paid at the time a building permit is issued by the building department. All existing building inspection fees shall be paid within 30 days of the date that the inspection is completed.
(c) 
Required posting of fire inspection certificate. Each building or premises shall post their Fire Inspection Certificate in plain view and each Fire Inspection Certificate will be updated upon the completion of the annual fire inspection.
(d) 
Violation; notice of violation; and penalty. Any person, firm or corporation violating any of the terms or provisions of Chapter 8 of the City of Williston Code of Ordinances or commits an act prohibited under any section of Chapter 8 of the City of Williston Code of Ordinances shall be subject to the following recourse by the City of Williston through its authorized officials or employees, cumulatively in the order indicated.
(1) 
Civil penalty.
a. 
Officials or employees of the City of Williston authorized to enforce this ordinance in whole or in part may commence, or cause to be conducted, administrative proceedings at which, or as a result of which, civil penalties may be imposed which shall not exceed a $1,500 penalty per violation. Each day any violation shall exist shall constitute a separate offense.
b. 
In addition to the authority to commence administrative proceedings for the purpose of imposing civil penalties, a judicial action seeking a civil penalty may be commenced by the City of Williston's Attorney, who may also seek any other relief available to the City of Williston. The City of Williston may institute an action for a civil penalty regardless of whether the City of Williston has commenced or will commence an administrative code enforcement proceeding or a criminal enforcement action. The City of Williston's judicial action for a civil penalty may seek an award for attorney's fees, costs, expenses and disbursements.
c. 
When the City of Williston obtains a judgment in an action for civil penalties, in addition to the appropriate methods of enforcement of the judgment established in the North Dakota Rules of Civil Procedure, such judgment for penalties shall be assessed and collected in the same manner as general City of Williston taxes.
d. 
Notwithstanding any other provisions of this article, the City of Williston may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any ordinance of the City of Williston's Attorney, regardless of the fact that the ordinance may provide a penalty for such violation.
e. 
Action for relief authorized in this section may be brought alone or in conjunction with any other relief or remedy available to the City of Williston, including but not limited to civil penalty, attorney's fees, costs, expenses and disbursements.
(2) 
Administrative enforcement of civil penalty.
a. 
Based upon an oral or written complaint that has been received by the City of Williston, the Chief of the Fire Department or his his/her designated representatives shall investigate and determine if such violation exists and issue a notice of violation served upon the owner, tenant, or other responsible party.
b. 
The notice shall be served by personal service, registered mail, or certified mail with return receipt requested.
c. 
When calculating a reasonable time for compliance, the Building Official shall take into consideration the following criteria:
1. 
Type and degree of violation;
2. 
Intent to comply if the intent has been expressed;
3. 
Procedural requirements for obtaining a permit to carry out corrective action;
4. 
Complexity of corrective action; or
5. 
Any other circumstance beyond the control of the responsible party.
d. 
The Chief of the Fire Department may extend the date of compliance upon the receipt of a written request from the responsible party in violation prior to the date of compliance.
e. 
If the responsible party fails to complete the corrective action(s) issued by the Chief of the Fire Department for the noticed violation(s) prior to the date of compliance, the Chief of the Fire Department shall issue a written order identifying the type and degree of violation and whether the responsible party is subject to any civil penalty as defined in Section 8-4(d)(1).
f. 
Any party affected by a notice of violation may file a written appeal stating in what respects the specific grounds for reversal or modification of the order. The appeal with the required filing fee shall be filed with the City Auditor's Office prior to 4:30 p.m. on the given compliance date. In the absence of a timely appeal, the findings of the Chief of the Fire Department contained in the notice of violation shall be deemed true and final.
g. 
Jurisdiction is granted to the City Commission for the City of Williston to hear and determine appeals of a party affected by a notice of violation after proper notice has been given by the affected party.
h. 
Any person failing to comply with a final order of the Chief of the Fire Department, or, in the event of an appeal to the City Commission, shall be subject to a cumulative penalty or forfeiture in the amount described herein per day for each violation from the date set for compliance in the final order until the order is complied with.
(3) 
Criminal penalty. Any person, firm or corporation violating any of the terms or provisions of Chapter 8 of the City of Williston Code of Ordinances or commits an act prohibited by this article shall be cited with a B misdemeanor and, upon conviction, be punished by a fine of up to $1,500, or by imprisonment up to 30 days, or both such fine and imprisonment in the discretion of the court. The court shall have the power to suspend the sentence and to revoke the suspension thereof. Each day any person, firm or corporation violates any provision of this article shall constitute a separate offense. This penalty section is to be read in accordance with Section 114 of the International Building Code.
(4) 
Enforcement of criminal penalty. The Building Official or other official designated by the City of Williston City Commission may request the City Attorney to institute the prosecution of any violation of the terms or provisions of Articles I through XVI of Buildings and Building Regulations of the City of Williston or commits an act prohibited by this article.
(e) 
Emergency orders. Whenever the Fire Chief or Chief Fire Inspector finds that an emergency exists which requires immediate action to protect the public health, the Fire Chief or the Fire Chief Fire Inspector may, without notice or hearing, issue an order reciting the existence of the emergency and requiring that such action be taken as deemed necessary to meet the emergency. Notwithstanding other provisions of this article, the order shall be effective immediately. The Chief Fire Inspector shall also have the authority to cause all public utilities serving the business, building, or premises where the violation takes place to be terminated, and to affect the closing of the business, building, or premises until such time as the violation is completely corrected, or the imminent hazard to life removed. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the Board of Commissioners shall be afforded a hearing as soon as possible. After the hearing, depending upon the finding as to whether the provisions of this article have been complied with, the Board shall continue the order in effect, modify it, or revoke it.
[Ord. No. 1014, 3-10-2015]
The storage of liquefied petroleum gases may be allowed in any zoning district if it is found by the Chief of the Fire Department and Building Official for the Department of Building Safety that its use is necessary as a back-up emergency fuel system for a public, semi-public, or institutional use, if the use of liquefied petroleum gases is necessary because the area is not served by a natural gas system, or if there are unique similar circumstances which require the use of liquefied petroleum gases. The maximum allowable storage capacity shall be 500 gallons, and the minimum distance to building or adjoining lot line shall be 10 feet.
Any business engaged in the dispensing of liquefied petroleum gases shall be subject to all applicable provisions of the City of Williston's found within Chapter 8 of the Williston Code of Ordinances and any amendments thereto as well as all other applicable ordinances found within the Williston Code of Ordinances or the provisions found in the planning and zoning ordinance adopted by the City of Williston, and the business shall file with the City a current certificate of insurance.
[Ord. No. 1014, 3-10-2015; amended 7-11-2023 by Ord. No. 1147]
Open burning shall be prohibited in the City limits when: (1) atmospheric conditions or local circumstances make such fires hazardous, (2) if any open burning becomes objectionable or offensive by way of the smoke, odor, or other by-products of combustion, (3) the fire is unattended by a responsible individual, (4) litter, trash, or garbage is being burned as part of a recreational fire, or (5) the fire endangers the safety, health, or welfare of the general public or of owners or occupants of nearby properties. In the event open burning is prohibited as provided herein, the fire shall be extinguished, or the Williston Fire Department may order the fire to be extinguished, and any person, firm, or corporation shall be subject to penalties provided in Section 8-4 of the Code of Ordinances.
[Ord. No. 1014, 3-10-2015]
Bulk storage as defined by the International Fire Code shall require a permit. Any holder of permit for bulk storage, in accordance with the applicable provisions found in the International Fire Code shall pay to the City of Williston, North Dakota, the applicable inspection fee as set by resolution from the City Commission for the City of Williston.
[Ord. No. 1014, 3-10-2015]
The City of Williston currently has a permanent ban on the use of propane cylinders within the city other than those needed for portable gas grills. A temporary permit may be issued for the use of larger propane or flammable gas storage vessels, as follows:
(a) 
Residential. The City of Williston is in need of increased residential properties. Traditional housing is a slow process with mobile properties being timely, accessible, and cost effective.
Mobile and modular housing can be converted to allow for the use of natural gas; however, a recreational vehicle such as a camp trailer may not be feasible according to Montana Dakota Utilities (MDU).
The Williston City Fire Department proposes to allow the temporary use of propane cylinders or other flammable gas cylinders as referenced by the International Fire Code to be utilized with the following stipulations:
(1) 
Receipt of a letter of request along with reason for the request.
(2) 
Review by fire and health department officials.
(3) 
Site inspection.
(4) 
The requestor pays a permit fee of $125 to be collected by the Building Department.
(5) 
Issuance of a temporary permit no greater than six months for the permit with no more than the issuance of two consecutive permits.
(6) 
Inspection of installation.
(7) 
The cylinder shall be placed:
a. 
On a solid, non-elevated surface.
b. 
Secured in place.
c. 
Placed in a position that is safe from damage.
d. 
Attached to the property/appliance in accordance with the manufacturer's recommendations.
(b) 
Commercial. The Williston City Fire Department proposes to allow the temporary use of propane cylinders during the construction phase of a building project with the following stipulations:
(1) 
Receipt of a letter of request along with the reason for the request.
(2) 
Provide a site plan.
(3) 
Review by the fire and health department officials.
(4) 
Site inspection.
(5) 
The requestor pays a permit fee of $125 to be collected by the Building Department.
(6) 
Issuance of a temporary permit no greater than four months for the permit with no more than the issuance of two consecutive permits for each project.
(7) 
Inspection of installation.
(8) 
The application shall maintain all necessary records of the cylinder including an MSDS.
(9) 
Cylinder placement:
a. 
On a solid, non-elevated surface.
b. 
Cylinder no greater than 1,000 gallons,
c. 
Surrounded by concrete barriers to be protected from damage.
d. 
Attached to the appliance in accordance with the manufacturer's recommendation.
After placement of such cylinder, disaster and emergency services shall be notified.
(c) 
Size of propane tank. No propane tank, which is to be used in an RV park, shall exceed 420 pounds or 120 gallons of capacity. Use of propane cylinders in an RV park are addressed within a special use permit for extended use.
(d) 
Penalties. Failure to obtain a temporary permit for the use of a large capacity propane cylinder may result in, but not be restricted to:
(1) 
Immediate cessation of operation.
(2) 
Removal of the cylinder.
(3) 
Denial of occupancy until corrected.
(4) 
All fees and services toward investigation, removal, and cleanup.
(e) 
References. International Fire Codes include:
(1) 
Section 1403.
(2) 
Section 3405.
(3) 
Chapter 30.
National Fire Protection Association
Occupational Health and Safety Association
Department of Homeland Security
National Propane Gas Association
North Dakota Propane Gas Association.