[HISTORY: Adopted by the Mayor and City Council
of the City of Monroe as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Alarms and alarm systems — See Ch. 168.
Construction codes and regulations — See Ch. 275.
Expenses of emergency responses — See Ch. 311.
Property maintenance — See Ch. 525.
Water usage — See Ch. 699.
STATUTORY REFERENCES
Fires and fire prevention — See
MCLA § 29.1 et seq.
Arson — See MCLA § 750.71
et seq.
[Adopted 7-5-2011 by Ord. No. 11-006[1]]
[1]
Editor’s Note: This ordinance also repealed former Ch.
345, Fire Prevention, Art. I, International Fire Code, adopted 7-21-1997
by Ord. No. 97-013, as amended in its entirety 4-19-2004 by Ord. No.
04-004, as further amended.
[Amended 4-19-2021 by Ord. No. 21-003]
The International Fire Code, Current Edition ("International Fire Code"), including all appendices, supplements, amendments or other modifications, as published by the International Code Council, is hereby adopted as the Fire Code of the City of Monroe, as modified by the amendments set forth in § 345-2. One complete copy of the current edition of the International Fire Code, current edition together with a copy of this article shall be available for public use and inspection at the office of the Fire Department in the Fire Station No. 1 and at the Building Department in City Hall.
[Amended 4-19-2021 by Ord. No. 21-003]
The following sections of the International Fire Code, 2018
Edition are hereby amended and/or revised and all future editions
of the International Fire Code when such is promulgated and effective
are incorporated and adopted by reference, save and except such provisions
thereof as may be amended or deleted in this chapter.
A.
Section 101.1. Insert: "City of Monroe, Michigan."
B.
Section 102.4. This section is deleted and for it the following is
substituted:
The design and construction of new structures shall comply with
the Michigan Building Code, and any alterations, additions, changes
in use or changes in structures required by this code, which are within
the scope of the Michigan Building Code, shall be made in accordance
therewith.
C.
Section 109. This section is deleted and for it the following is
substituted:
Section 109. Appeals.
Whenever the Chief of Fire, or his/her designee, disapproves
of an application for a permit required by this Code, or when it is
claimed that the provisions of the International Fire Code do not
apply or that the true intent and meaning of the International Fire
Code had been misconstrued or wrongly interpreted, the applicant may
appeal from the decision of the Chief of Fire, or his/her designee,
to the City Council of the City of Monroe within 30 days of the date
of the decision appealed.
D.
Section 110.4. This section is deleted and for it the following is
substituted:
110.4. Violation penalties. Persons who shall violate a provision
of this Code or 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 Chief of
Fire or his designee or of a permit or a 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 a violation occurs
or continues constitutes a separate offense and shall be subject to
the penalties or sanctions provided herein as a separate offense.
E.
Section 112.4. This section is deleted and for it the following is
substituted:
112.4. Failure to comply. Any person who 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 a violation occurs
or continues constitutes a separate offense and shall be subject to
the penalties or sanctions provided herein as a separate offense.
F.
Section 307. This section is deleted and for it the following is
substituted:
The regulations relating to opening burning, recreational fires
and portable outdoor fireplaces are set forth in Chapter 346 - Fire
Prevention - Open Burning, Recreational Fires and Portable Outdoor
Fireplaces of the Code of the City of Monroe.
G.
Section 903.3. This section is deleted and for it the following is
substituted:
903.3 Installation requirements. Automatic sprinkler systems
shall be designed and installed in accordance with Sections 903.3.1
through 903.3.9.
H.
Section 903.3.9. This section is added as follows:
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903.3.9 Approval and testing. Automatic sprinkler systems shall
be installed by the owner or contractor of a building in the following
manner:
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1.
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Submission of sprinkler plans to an approved independent agency
specializing in sprinkler plans for review for the purpose of analyzing
the design and capabilities of the system at the owner's or contractor's
expense;
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2.
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Submission of a technical opinion and written report to the
Building Official and the Chief of Fire, or his or her designee, for
their review, along with copies of the plan and specifications;
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3.
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Temporary permit issued upon joint approval of the Building
Official and the Chief of Fire or his or her designee;
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4.
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Required testing to be completed in the presence of the Chief
of Fire or his or her designee; and
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5.
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Final approval for use approved upon satisfactory testing results
and the satisfactory completion of any other conditions specified
by the Building Official and/or the Chief of Fire or his or her designee.
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I.
Section 5608.2. This section is deleted and for it the following
is substituted:
5608.2. Permit application. Prior to issuing permits for fireworks
display, plans for the display, inspections of the display site, and
demonstrations of the display operations shall be approved by the
Fire Chief of the City of Monroe or his/her designee. A plan establishing
procedures to follow and actions to be taken in the event that a shell
fails to ignite in, or discharge from, a mortar or fails to function
over the fallout area or other malfunctions shall be provided to the
Fire Chief of the City of Monroe or his/her designee.
The limits referred to for the following districts in the International
Fire Code shall be based on state statute or regulation or, in the
absence of state statute or regulation, nationally recognized standards:
A.
In the event of a conflict between any of the provisions of the International Fire Code, with Standards and Appendixes, as adopted in § 345-1, and a provision of any local ordinance, resolution, rule or regulation, the local ordinance, resolution, rule or regulation shall control.
B.
In the event of a conflict between any of the provisions of such
code, standards and appendixes and a provision of any state law, rule
or regulation, the state law, rule or regulation shall control.
C.
In the event of a conflict between any of the provisions of such
code, standards and appendixes and a provision of any other technical
code adopted by reference by the City, the stricter or higher standard
shall control.
[Adopted 4-19-2021 by Ord. No. 21-004]
This article is intended to promote the public health, safety
and welfare and to safeguard the health, comfort, living conditions,
safety and welfare of the citizens of the City of Monroe by regulating
the hazards of outdoor burning.
This article applies to all outdoor burning within the City
of Monroe.
A.
This article does not apply to grilling or cooking food using charcoal,
wood, propane or natural gas in cooking or grilling appliances.
B.
This article does not apply to burning for the purpose of generating
heat in a stove, furnace, fireplace or other heating device within
a building used for human or animal habitation.
C.
This article does not apply to the use of propane, acetylene, natural
gas, gasoline or kerosene in a device intended for heating, construction
or maintenance activities.
Should any portion of this article be declared unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this article shall not be affected.
As used in this article, the following terms shall have the
meanings indicated:
A small outdoor fire intended for recreation or cooking but
not including a fire intended for disposal of waste wood or refuse.
Natural wood which has not been painted, varnished or coated
with a similar material; has not been pressure treated with preservatives;
and does not contain resins or glues as in plywood or other composite
wood products.
Building waste materials, including but not limited to waste
shingles, insulation, lumber, treated wood, painted wood, wiring,
plastics, packaging, and rubble that results from construction, remodeling,
repair, and demolition operations on a house, commercial or industrial
building, or other structure.
The Chief of the Fire Department of the City of Monroe or
other person designated by the Fire Chief.
A county, township, city, or village.
Kindling or maintaining a fire where the products of combustion
are emitted directly into the ambient air without passing through
a stack or a chimney. This includes burning in a burn barrel.
Open burning or burning in a portable outdoor fireplace.
An Underwriters Laboratories listed and/or certified chimnea,
patio warmer, or other portable wood-burning device used - in accordance
with all manufacturer recommendations - for outdoor recreation and/or
heating located at the site of a single-family detached residence.
Any waste material except trees, logs, brush, stumps, leaves,
grass clippings, and other vegetative matter.
Open burning is prohibited in the City of Monroe unless the
burning is specifically permitted by this article.
Open burning of refuse is prohibited.
Open burning of trees, unseasoned logs, brush, stumps, leaves
and grass clippings is prohibited.
A.
"Prescribed burn" means the burning, in compliance with a prescription
and to meet planned fire or land management objectives, of a continuous
cover of fuels. A "prescription" means a written plan establishing
the criteria necessary for starting, controlling, and extinguishing
a burn.
B.
Fires set for forest, prairie, and wildlife habitant management are
allowed only if conducted in accordance with Part 515 of the Natural
Resources and Environmental Protection Act, MCL 324.51501 et seq.
with the prior express written approval of the Fire Chief.
C.
Prior to conducting any prescribed burn, the Fire Chief shall have
the right to determine any and all additional costs to the City of
Monroe that may be necessitated by the requested prescribed burn and
the prepayment of such costs may be required by the Fire Chief as
a condition of the approval of the prescribed burn.
No person shall use or maintain a campfire in the City of Monroe
except that campfires contained within a metal ring no greater than
three feet wide with a log pile of no greater than two feet high shall
be permitted within any campground with a validly issued license from
the State of Michigan for operation pursuant to Part 125 of Act 368
of 1978 of the Public Health Code of the State of Michigan.
A portable outdoor fireplace may be installed and used in the
City of Monroe only in accordance with all of the following provisions:
A.
The portable outdoor fireplace shall not be used to burn refuse.
B.
The portable outdoor fireplace shall burn only clean wood.
C.
The portable outdoor fireplace shall not be used on any deck or patio
made of wood or other combustible material.
D.
The portable outdoor fireplace shall be located at least 15 feet
from any structure or combustible material.
E.
The portable outdoor fireplace shall not cause a nuisance to neighbors.
Notwithstanding any other provision of this article, structures
and other materials may be burned for fire prevention training only
in accordance with all of the following provisions.
A.
The burn must be exclusively for fire prevention training. The burning
shall not be used as a means to dispose of waste material, including
tires and other hazardous materials.
B.
All asbestos must be removed prior to conducting the fire suppression
training. If the structure is a residential dwelling, the owner may
remove the asbestos or have it removed by a licensed abatement contractor.
If it is a commercial building, all asbestos must be removed by a
licensed abatement contractor.
C.
A notification of the demolition must be submitted to the Michigan
Department of Environmental Quality, Air Quality Division at least
10 business days prior to burning a standing structure. The notification
must be submitted using Form EQP 5661 "Notification of Intent to Renovate/Demolish."
D.
All ash and demolished materials must be disposed of in an approved
landfill or at an alternate location approved by the Michigan Department
of Environmental Quality.
A.
Any burning permitted by this article shall be constantly attended
by an adult until the fire is extinguished. The supervising adult
must have fire extinguishing equipment readily available as may be
necessary for total control of the fire during all burning (including
not fewer than one portable fire extinguisher with a minimum 4-A rating
or other approved on-site fire extinguishing equipment, such as dirt,
sand, water barrel, garden hose, or water truck sufficient to fully
extinguish the fire).
B.
When conditions (including, but not limited to, weather, environmental,
ozone, or drought) warrant, the Fire Chief may suspend any burning
otherwise permitted by this article.
C.
Any burning otherwise permitted by this article shall be prohibited
when the State of Michigan Department of Environment, Great Lakes
and Energy has declared an air quality or ozone action day or when
the Department of Natural Resources issues a burning ban due to dangerous
fire conditions.
A person utilizing or maintaining an outdoor fire shall be responsible
for all fire suppression costs and any other liability resulting from
damage caused by the fire.
The Fire Chief or any authorized officer, agent, employee or
representative of the City of Monroe who presents credentials may
inspect any property for the purpose of ascertaining compliance with
the provisions of this article.
A.
The Fire Chief and any of his/her designees are authorized to enforce
the provisions of this article.
B.
The Fire Chief and any of his/her designees shall have the right
to extinguish any fire not conducted, attended, supervised, or otherwise
allowed to burn in accordance with this article.
C.
Any person, firm, association, partnership, corporation, or governmental entity who violates any of the provisions of this article or fails to comply with a duly authorized order issued pursuant to this article shall be deemed to be responsible for a municipal civil infraction as defined by Michigan Statute which shall be punishable by civil fine determined pursuant to § 1-27E of the Code of the City of Monroe. In addition, the City of Monroe shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate remedy to compel compliance with this article. Each day that a violation of this article exists shall constitute a separate violation of this article.
All ordinances and portions of ordinances inconsistent with
this article are hereby repealed. All proceedings pending and all
rights and liabilities existing, acquired or incurred at the time
this article takes effect are saved and may be consummated according
to the law in force when they are/were commenced.
This article shall be in full force and effect 20 days after
final passage and publication.
