[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:
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.
(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:
