[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.]
(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 Tribal 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.
[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.
