[Ord. No. 77, § 2, eff. 3-12-1982]
This article is adopted pursuant to and in accordance with the provisions of Act No. 33 of the Public Acts of Michigan of 1951 (MCL 41.801 et seq.), as amended, and, subject to the provisions of Act No. 300 of the Public Acts of Michigan of 1949 (MCL 257.1 et seq.), as amended, also in accordance with the provisions of Act No. 246 of the Public Acts of Michigan of 1945 (MCL 41.181 et seq.), as amended.
[Ord. No. 77-06,[1] §§ 1(1.1), (1.2), 2-19-2002; Ord. of 2-22-2005; 7-23-2018 by Ord. No. 170]
(a) 
International Fire Code 2015 adopted. The International Fire Code, 2015 Edition, including its appendices, as published by the International Code Council, is adopted and incorporated in its entirety herein, except for those deletions and additions set forth below. References in the Code to the "state" shall refer to the State of Michigan. References to the "name of the municipality" shall refer to the Charter Township of Chesterfield, Macomb County, Michigan. References to the "local ordinances" shall refer to the Chesterfield Township Ordinances and Code of Ordinances as are from time to time in effect.
(b) 
Availability of copies of International Fire Code, 2015 Edition. Printed copies of the International Fire Code, 2015 Edition and its appendices are kept in the Charter Township of Chesterfield offices and are available for public use and inspection during regular business hours. A copy of the International Fire Code in its entirety can also be found on the Township's website.
(c) 
Additions, Insertions, Deletions, and Changes to the International Fire Code, 2015 Edition. The Charter Township of Chesterfield adopts the additions, insertions, deletions, and changes from the International Fire Code, 2015 Edition set forth below. Subsequent section numbers used in this section shall refer to the like numbered sections of the International Fire Code, 2015 Edition.
(d) 
Amendments to the International Fire Code, 2015 Edition. The following sections of the International Fire Code, 2015 Edition shall be amended or revised as follows:
(1) 
Section 101.1 shall be amended to read as follows:
101.1 Title. These regulations shall be known as the Fire Prevention Code of the Charter Township of Chesterfield hereinafter referred to as "this Code."
(2) 
Section 102.7 shall be amended to read as follows:
102.7 Referenced Codes and Standards. The codes and standards referenced in this Code shall include those listed in Chapter 80 of the International Fire Code, and such codes and standards shall be considered part of the requirements of this Code to the prescribed extent of each such reference and as further regulated in Sections 102.7.1 and 102.7.2.
(3) 
Section 103.1 shall be amended to read as follows:
103.1 General. The Charter Township of Chesterfield Fire Department shall be responsible for fire prevention inspection activities and code enforcement of buildings and occupancies as related to the risk of fire or explosion within the Charter Township of Chesterfield Fire Department. The Department of Fire Prevention is established within the jurisdiction under the direction of the Code Official. The function of the Department shall be the implementation, administration and enforcement of the provisions of this code and the codes and standards referenced in Chapter 80 of this code.
(4) 
Section 103.5 shall be added and read as follows:
103.5 Fee Schedule. The Charter Township of Chesterfield Board shall establish, by resolution, a fee schedule for the inspection, plan review, and special commercial training services provided by the Charter Township of Chesterfield Fire Department. Fees shall be paid in advance of services being provided.
(5) 
Section 109.4 shall be amended to reads as follows:
109.4 Violation Penalties. Persons who shall violate a provision of this Code of Ordinances or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Code Official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $500 or by imprisonment not exceeding 90 days, or by both such fine and imprisonment. Each day that such a violation continues shall be deemed a separate offense.
(6) 
Section 111.4 shall be amended to read as follows:
111.4 Failure to Comply. Any person that shall continue any work after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a misdemeanor, punishable by a fine of not more than $500 or by imprisonment not exceeding 90 days, or by both such fine and imprisonment. Each day that such a violation continues shall be deemed a separate offense.
(7) 
Section 202, General Definitions, shall be amended and the following definitions shall have the following meanings:
a. 
Fire Code Official. The Fire Chief, Fire Marshal, Code Enforcement Officer, or other designated authority charged by the Township with the duties of administration and enforcement of the code, or duly authorized representative. The term "Fire Code Official" may be used interchangeably with "Code Official" and "Fire Official" in this code.
b. 
Fire Watch. A temporary measure intended to ensure continuous and systematic surveillance of a building or portion thereof by one or more qualified individuals for the purposes of identifying and controlling fire hazards, detecting early signs of unwanted fire, raising an alarm of fire and notifying the Fire Department by method(s) approved or recommended by the Fire Code Official.
(8) 
Section 304.2 shall be amended to read as follows:
304.2 Storage. Storage of combustible rubbish or other combustible materials, such as pallets, crates, boxes, etc., shall not produce conditions that will create a nuisance or a hazard to the public health, safety or welfare and shall not be within 15 feet of a structure.
(9) 
Section 307.1.2 shall be added and read as follows:
307.1.2 Allowable Open Burning. Open burning shall be permitted in accordance with the Chesterfield Township Burning Ordinance.[2]
[2]
Editor's Note: See Art. IV, Open Burning, of this chapter.
(10) 
Section 315.3.3.1 shall be added and read as follows:
315.3.3.1 Separation. Outside storage shall not be located within 15 feet of a structure.
(11) 
Section 503.6 shall be amended to read as follows:
503.6 Security Gates. The installation of security gates across a fire apparatus access road shall be approved by the Fire Code Official. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200. All electric gates shall be provided with a siren-operated sensor (SOS) gate opener. The gate shall remain in the open position until manually reset.
(12) 
Section 503.7 shall be amended to read as follows:
503.7 Emergency Vehicle Access. Emergency vehicle access (EVA) shall be determined and approved by the Fire Code Official. Unless otherwise required, EVAs shall be of the following specifications:
1.
Minimum of 20 wide.
2.
Surface capable of supporting the weight of fire apparatus up to 60,000 pounds GVW.
3.
Minimum grade changes to accommodate fire apparatus undercarriage ground clearances.
4.
Mountable curb at entrance/exit with adequate turning radii to and from the EVA.
5.
Standard fire lane signage posted at entrance/exit to EVA.
6.
EVA signage posted at entrance/exit of EVA, on both sides of surface, every 50 feet (15,240 mm) for length of EVA.
7.
EVA signage to withstand snow removal/landscape maintenance efforts.
8.
EVA to be kept clear of snow and vegetation. If the EVA is not maintained, the Code Official shall notify the property owner and allow 24 hours to clear the EVA, if the EVA is not cleared within the 24 hours, the Code Official may contact the DPW to have the EVA cleared, and the property owner shall be responsible for any cost to clear the EVA.
(13) 
Section 505.1 shall be amended to read as follows:
505.1 Address Identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than six inches high with a minimum stroke width of one inch. Where required by the Fire Code Official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.
(14) 
Section 901.4.4.1 shall be added and read as follows:
901.4.4.1 Buildings Having Two or More Floors. Shall install a two-and-one-half-inch hose connection at each floor stairwell in a location determined by the Fire Code Official. In buildings with multiple tenant spaces (strip center) that require a fire protection system, each tenant space shall have a check valve, control valve, and flow switch. Buildings two stories or more shall be required to have a check valve, control valve, and flow switch on each floor for separate zone control.
(15) 
Section 903.3.5.3 shall be added and read as follows:
903.3.5.3 Required Pressure Margin. The Code Official is authorized to require a pressure margin of up to 10% over the minimum design criteria for installed automatic fire sprinkler systems. Where this margin cannot be achieved, approved means shall be taken to provide this margin.
(16) 
Section 904.3.5 shall be amended to read as follows:
904.3.5 Monitoring. Automatic fire extinguishing systems shall be monitored by a supervising station in accordance with NFPA 72 as approved by the Code Official. Where a building fire alarm system is installed, automatic fire extinguishing systems shall be monitored by the building fire alarm system in accordance with NFPA 72 and shall automatically annunciate their location at the building's fire alarm control panel, and activate the building's appropriate fire protective signaling sequence.
(17) 
Section 907.6.3.1.1 shall be added and read as follows:
907.6.3.1.1 Alarm Silencing. Alarm silencing shall not cancel the activated strobes or visual warning devices.
(18) 
Chapter 80, listing the standards that are referenced in various sections of the ordinances, is hereby amended to include the following, together with any of their amendments:
a. 
State of Michigan Laws, Rules or Requirements, including but not necessarily limited to the following with amendments:
1. 
Michigan Fire Prevention Code 1941 PA 207; Michigan Explosives Law 1970 PA 202.
2. 
Michigan Model Rocket Law 1965 PA 333.
3. 
Michigan Storage and Handling of Flammable and Combustible Liquid Rules.
4. 
Michigan Underground Storage Tank Rules 1999.
5. 
Michigan Fireworks Safety Act, 2011 PA 256.
[1]
Editor's Note: This ordinance also repealed former § 38-67, adopted by Ord. No. 77, effective 3-12-1982, as amended by Ord. No. 77-1, effective 3-15-1985, Ord. No. 77-2, effective 6-14-1985, Ord. No. 77-3, effective 6-19-1991, Ord. No. 77-05, effective 2-19-1996 and Ord. No. 77-6, effective 9-16-1998, which provided for the adoption of the National Fire Prevention Code/Fire Prevention regulations/National Fire Protection Association 101 Life Safety Code.
[Ord. No. 77, § 4, eff. 3-12-1982]
The fire official or duly authorized representatives as may be in charge at the scene of a fire or other emergency involving the protection of life and/or property is empowered to direct such operations as may be necessary to extinguish or control any suspected or reported fires, gas leaks, or other hazardous conditions or situations or of taking any other action necessary in the reasonable performance of their duty. The fire official may prohibit any person, vehicle or object from approaching the scene and may remove or cause to be removed from the scene any person, vehicle or object which may impede or interfere with the operations of the fire department. The fire official may remove or cause to be removed any person, vehicle or object from hazardous areas. All persons ordered to leave a hazardous area shall do so immediately and shall not reenter the area until authorized to do so by the fire official.
[Ord. No. 77, § 5, eff. 3-12-1982]
It shall be unlawful to interfere with, attempt to interfere with, conspire to interfere with, obstruct or restrict the mobility of, or block the path of travel of any fire department emergency vehicle in any way, or to interfere with, attempt to interfere with, conspire to interfere with, obstruct or hamper any fire department operation.
[Ord. No. 77, § 6, eff. 3-12-1982]
A person shall not willfully fail or refuse to comply with any lawful order or direction of the fire official or to interfere with the compliance attempt of another individual.
[Ord. No. 77, § 7, eff. 3-12-1982]
A vehicle shall not be driven or propelled over any unprotected fire hose of the fire department when laid down on any street, alleyway, private drive or any other vehicular roadway without the consent of the fire official in command of the operation.
[Ord. No. 77, § 9, eff. 3-12-1982]
Subject to provisions of Act No. 300 of the Public Acts of Michigan of 1949 (MCL 257.1 et seq., MSA 9.1801 et seq.), as amended, to the contrary, upon the approach of any authorized emergency vehicle, giving audible and visual signal, the operator of every other vehicle shall immediately drive such vehicle to a position as near as possible and parallel to the right-hand edge or curb of the street or roadway, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle shall have passed unless otherwise directed by the fire official or a police officer.
[Ord. No. 77, § 10, eff. 3-12-1982]
Subject to provisions of Act No. 300 of the Public Acts of Michigan of 1949 (MCL 257.1 et seq., MSA 9.1801 et seq.), as amended, to the contrary, it shall be unlawful for the operator of any vehicle, other than one on official business, to follow closer than 300 feet from any fire apparatus traveling in response to a fire alarm, or to drive any vehicle within the block or immediate area where fire apparatus has stopped in answer to a fire alarm.
[Ord. No. 77, § 11, eff. 3-12-1982]
A person shall not without proper authorization from the fire official in charge of the fire department emergency equipment cling to, attach himself to, climb upon or into, board or swing upon any fire department emergency vehicle, whether such vehicle is in motion or at rest, or sound the siren, horn, bell or other sound-producing device thereon, or to manipulate or tamper with or attempt to manipulate or tamper with any levers, valves, switches, starting devices, brakes, pumps, or any equipment or protective clothing on or a part of any fire department emergency vehicle.
[Ord. No. 77, § 12, eff. 3-12-1982]
It shall be unlawful for any person to damage or deface or attempt to conspire to damage or deface any fire department emergency vehicle at any time, or to injure or attempt to injure or conspire to injure fire department personnel while performing departmental duties.
[Ord. No. 77, § 13, eff. 3-12-1982]
(a) 
Subject to provisions of Act No. 300 of the Public Acts of Michigan of 1949 (MCL 257.1 et seq., MSA 9.1801 et seq.), as amended, to the contrary, the driver of any emergency vehicle shall not sound the siren thereon or have the front red lights on or disobey any existing traffic regulation except when the vehicle is responding to an emergency call or when responding to but not upon returning from a fire. Tactical strategies such as but not restricted to those designated as "move-ups" do not constitute an emergency call. The driver of an emergency vehicle may:
(1) 
Park or stand irrespective of the provisions of existing traffic regulations.
(2) 
Proceed past a red or stop signal or other sign, but only after slowing down as may be necessary for safe operation.
(3) 
Exceed the prima facie speed limit so long as the action does not endanger life or property.
(4) 
Disregard regulations governing direction of movement or turning in specified directions.
(b) 
The exemptions granted in subsection (a) of this section to an emergency vehicle shall apply only when the driver of any such vehicle while in motion sounds audible signal by bell, siren or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one lighted lamp displaying a red light visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle.
[Ord. No. 77, § 14, eff. 3-12-1982]
(a) 
Subject to provisions of Act No. 300 of the Public Acts of Michigan of 1949 (MCL 257.1 et seq., MSA 9.1801 et seq.), as amended, to the contrary, it shall be unlawful to obscure from view, damage, deface, obstruct or restrict the access to any fire hydrant or any fire department connection for the pressurization of fire suppression systems, including fire hydrants and fire department connections that are located on public or private streets and access lanes or on private property.
(b) 
If upon the expiration of the time mentioned in a notice of violation, obstructions or encroachments are not removed, the fire official shall proceed to remove such encroachments. Cost incurred in the performance of necessary work shall be paid from the municipal treasury on certificate of the fire official and with the approval of the chief administrative official; and the legal authority of the municipality shall institute appropriate action for the recovery of such costs.
[Ord. No. 77, § 15, eff. 3-12-1982]
A person shall not use or operate any fire hydrant intended for use of the fire department for fire suppression purposes unless such person first secures a permit for such use from the fire official and the water company having jurisdiction. This section shall not apply to the use of such hydrants by a person employed by and authorized to make such use by the water company having jurisdiction.
[Ord. No. 77, § 16, eff. 3-12-1982]
The fire official shall recommend to the township supervisor the location or relocation of new or existing fire hydrants and the placement or replacement of inadequate water mains located upon public property and deemed necessary to provide an adequate fire flow and distribution pattern. A fire hydrant shall not be placed into or removed from service until approved by the fire official.
[Ord. No. 77, § 17, eff. 3-12-1982]
All new and existing shipyards, oil storage plants, lumberyards, amusement or exhibition parks, and educational or institutional complexes and similar occupancies and uses involving high fire or life hazards that are located more than 150 feet from a public street or which require quantities of water beyond the capabilities of the public water distribution system shall be provided with properly placed fire hydrants. Such fire hydrants shall be capable of supplying fire flows as required by the fire official and shall be connected to a water system in accordance with accepted engineering practices. The fire official shall designate and approve the number and location of fire hydrants. The fire official may require the installation of sufficient fire hose and equipment housed in accordance with the approved rules and may require the establishment of a trained fire brigade when the hazard involved requires such measures. Private hydrants shall not be placed into or removed from service until approved by the fire official.
[Ord. No. 77, § 18, eff. 3-12-1982]
A person shall not obstruct, remove, tamper with or otherwise disturb any fire hydrant or fire appliance required to be installed or maintained under the provisions of the fire prevention code except for the purpose of extinguishing fire, training or testing purposes, recharging, or making necessary repairs, or when permitted by the fire official. Whenever a fire appliance is removed as permitted in this section, it shall be replaced or reinstalled as soon as the purpose for which it was removed has been accomplished. Defective and nonapproved fire appliances or equipment shall be replaced or repaired as directed by the fire official.
[Ord. No. 77, § 19, eff. 3-12-1982]
A person shall not sell, trade, loan or give away any form, type or kind of fire extinguisher which is not approved by the fire official, or which is not in proper working order, or the contents of which do not meet the requirements of the fire official. The requirements of this section shall not apply to the sale, trade or exchange of obsolete or damaged equipment for junk when the units are permanently disfigured or marked with a permanent sign identifying the unit as junk.
[Ord. No. 77, § 20, eff. 3-12-1982]
A person shall not erect, construct, place or maintain any bumps, fences, gates, chains, bars, pipes, wood or metal horses or any other type of obstruction in or on any street within the boundaries of the township. The word "street" as used in this section, shall mean any roadway accessible to the public for vehicular traffic, including but not limited to private streets or access lanes, as well as public streets and highways within the boundaries of the township.
[Added 3-17-2020 by Ord. No. 181]
The Fire Chief, Director of Public Safety, Chesterfield Fire Department personnel, Township Code Enforcement Officers and any other person designated by the Township Board may act as enforcement officers of this article.