[History: Enacted by Tribal Council on August 30, 2017.]
(a) 
This ordinance shall be known as the Grand Traverse Band Fire Code.
(b) 
The purpose of this ordinance is to establish a Fire and Rescue Department, to prescribe regulations governing conditions that present the risk of fire or explosion to the detriment of life and property, to provide for the issuance of permits and the collection of fees, and to provide enforcement of this Code and penalty for violations.
(c) 
The Tribal Council of the Grand Traverse Band of Ottawa and Chippewa Indians adopts this ordinance pursuant to its powers under Article IV, Section 1, of the Constitution of the Grand Traverse Band of Ottawa and Chippewa Indians.
[History: Tribal Act #93-11.51, enacted by Tribal Council on June 22, 1993; as amended by Tribal Council on August 30, 2017.]
The Tribal Council, pursuant to Article IV, Sections 1(a) and (b) of the Tribal Constitution, hereby establishes a Fire and Rescue Department to be known as the "Grand Traverse Band Fire and Rescue Department".
[History: Tribal Act #93-11.51, enacted by Tribal Council on June 22, 1993; as amended by Tribal Council on August 30, 2017; and by Tribal Act #25-43.3767, enacted by Tribal Council in Special Session on June 25, 2025.]
(a) 
The Grand Traverse Band Fire and Rescue Department shall be headed by a Fire Chief, to be appointed by the Tribal Council, and who shall be under the direction and supervision of the Public Safety Manager.
(b) 
The authority of the Fire Chief shall include the authority to issue directives to individuals employed by the Grand Traverse Band, its enterprises, businesses, and subsidiaries, to act in compliance with this fire code. Individuals responsible for compliance with this code who fail or refuse to comply with directives issued under this section shall be issued a citation pursuant to Section 2.06 of this ordinance.
[History: Enacted by Tribal Council on August 30, 2017; and amended by Tribal Council motion at a Tribal Council Regular Session on June 19, 2019.]
(a) 
As to all structures certified for occupancy prior to August 30, 2017, this ordinance adopts by reference the 2000 edition of the International Fire Code, except to the extent that its contents are modified in this Code.
(b) 
As to all structures certified for occupancy after August 30, 2017, this ordinance adopts by reference the NFPA 1, Fire Code 2015 edition, and documents listed in Chapter 2 thereof, except to the extent that its contents are modified in this Code.
[History: Enacted by Tribal Council on August 30, 2017.]
(a) 
For purposes of adopting the NFPA 1, the Tribal Council replaces certain phrases for applicability to the Band:
(1) 
"Governing Authority" shall mean the Tribal Council of the Grand Traverse Band of Ottawa and Chippewa Indians.
(2) 
"Authority Having Jurisdiction" or "AHJ" shall mean the office of the Fire Chief of the Grand Traverse Band Fire and Rescue Department.
(3) 
"A court of law" or "Court" shall mean the Tribal Court of the Grand Traverse Band of Ottawa and Chippewa Indians.
(b) 
Interpretation and application of the NFPA 1 pursuant to its adoption by this ordinance shall be to give full effect to its terms and provisions and full exercise of self-regulation and self-governance by the Grand Traverse Band.
[History: Enacted by Tribal Council on August 30, 2017.]
(a) 
A person may be liable for:
(1) 
Violating or failing or refusing to comply with any provision of this code or standard adopted hereby;
(2) 
Failing or refusing to comply with an order issued under the authority of this code;
(3) 
Building in violation of this code, or of any detailed statement of specifications or plans submitted and approved under this ordinance;
(4) 
Failing or refusing to operate in accordance with any certificate, permit, or approval issued under the authority of this ordinance, and from which no appeal has been taken;
(5) 
Failing to comply with an order following appeal to the Tribal Court as may affirm, amend, or modify a certificate, permit or approval issued under the authority of this ordinance.
(b) 
A person who is not subject to the criminal jurisdiction of the Grand Traverse Band shall be liable for a civil penalty of up to $5,000 for engaging in the activity described Subparagraphs (a)(1) through (5) above. The imposition of a penalty for any violation shall not excuse the violation or permit it to continue, nor shall it be held to prevent the enforced removal of prohibited conditions. Each day that prohibited conditions or violations are maintained shall constitute a separate infraction subject to a separate civil penalty.
(c) 
A person who is subject to the criminal jurisdiction of the Grand Traverse Band may be subject to civil liability as described in Paragraph (b) above or may be prosecuted for a misdemeanor for engaging in the activity described in Subparagraphs (a)(1) through (5). The imposition of a penalty for any violation shall not excuse the violation or permit it to continue, nor shall it be held to prevent the enforced removal of prohibited conditions. Each day that prohibited conditions or violations are maintained shall constitute a separate infraction or misdemeanor subject to a separate penalty.
(d) 
An action for civil or criminal liability under this ordinance shall be brought in Tribal Court by the Office of the Tribal Prosecutor, at the discretion of the Prosecutor.
[History: Enacted by Tribal Council on August 30, 2017.]
Adoption of this ordinance modifies Resolution 83-120 and Resolution 01-19.1006 to the extent that the provisions herein are in conflict or supersede the provisions of those resolutions addressing fire safety. The provisions of those resolutions not in conflict with this ordinance remain in full force and effect.
[History: Enacted by Tribal Council on August 30, 2017.]
The Tribal Council, in consultation with its business interests, the Fire Chief, and the Director of Public Safety may grant waivers of the application of this ordinance for certain land parcels. A waiver under this section shall specifically identify the application of fire and safety codes applied in lieu of this ordinance. Such codes may be those of a municipality in which the land parcel in question is located.
A waiver under this section shall not waive the provisions of civil and criminal penalties, but shall include such penalties for violation of any fire and safety code the Tribal Council directs to apply to a land parcel in lieu of this ordinance.
[History: Enacted by Tribal Council on August 30, 2017.]
If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Tribal Council declares that it would have passed this ordinance, and each section, subsection, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional.
[History: Enacted by Tribal Council on August 30, 2017.]
This ordinance shall be effective upon the date of its adoption by the Tribal Council.