[Adopted 12-13-1971 by Ord. No. 914; amended in its entirety 12-19-2022 by Ord. No. 2058]
Pursuant to the authority granted in the Home Rule Cities Act, MCLA § 117.3(k), there is hereby adopted, for the purpose of regulating and governing the safeguarding of life and property from fire or explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City of Kalamazoo; and providing for the issuance of permits and collection of fees therefor; that certain code known as the "International Fire Code," being particularly the 2021 edition thereof, including appendix chapters, as if set forth fully herein. Any previously adopted fire codes are repealed. The Chief of Public Safety, with the approval of the City Manager, is authorized to make and enforce such other rules and regulations for the prevention and control of fires and fire hazards as may be necessary from time to time to carry out the intent of this code. A copy of the code shall be filed with the City Clerk and shall be in effect upon filing and shall be available for public inspection and distribution at the office of the City Clerk, 241 W. South Street, Kalamazoo, Michigan. In the event that any portion of the International Fire Code (2021 edition), including appendix chapters, as adopted by reference, is superseded by the Michigan Fireworks Safety Act, MCLA § 28.451 et seq., the provisions of the state law shall control.
A. 
Amendments generally. The 2021 International Fire Code adopted by § 15-40 of the Kalamazoo City Code is hereby amended as follows:
(1) 
Section 105 is hereby amended to add the following at the end of Section 105.1.1: It shall be unlawful for any person, firm, or corporation to use a building or premises or engage in any activities for which a permit is required by this code without first having obtained such permit. Permits are required from the Bureau of Fire Prevention prior to engaging in the following activities, operations, practices or functions.
(2) 
Section 202 is hereby amended to add or revise the following definitions to read as follows:
BONFIRE
A fire which is kindled from wood, trees, branches, kindling, wood chips, boxes, compressed wood or any other wood product. A bonfire is a type of open fire as defined in this section.
BRUSH
The trimmings from trees and/or shrubs.
BUREAU OF FIRE PREVENTION
The Bureau of Fire Prevention of the Department of Public Safety of the City of Kalamazoo.
CAMPFIRE
A fire which is kindled for a civic, social or athletic event made from wood, trees, branches, kindling, wood chips, boxes, compressed wood or any other wood product. A campfire is a type of open fire as defined in this section.
CHIEF OF POLICE or POLICE DEPARTMENT
The Chief of Public Safety of the City of Kalamazoo or their authorized representative.
CHIEF or CHIEF OF THE FIRE DEPARTMENT
The Chief of Public Safety of the City of Kalamazoo or their authorized representative.
COMBUSTIBLE WASTE MATTER
Magazines, books, trimmings from lawns, trees, leaves, flower gardens, pasteboard boxes, rags, papers, plastic, straw, sawdust, packing material, shavings, boxes and all garbage, rubbish and refuse that will ignite through contact with flames or ordinary temperatures.
GARBAGE
The animal or vegetable waste and food wrap materials resulting from the handling, preparation, cooking and/or serving of food.
JURISDICTION
The City of Kalamazoo, Michigan.
OPEN BURNING or OPEN FIRE
A fire made from any combustible waste matter or any flammable material of any type or kind, including but not limited to wood, trees, branches, wood chips, compressed wood or other wood products, which is kindled and maintained in whole or in part in the open air.
RECREATIONAL FIRES
The noncommercial burning of materials, other than rubbish, brush and leaves, for pleasure, religious, ceremonial, cooking, or similar purposes in which the fuel burned is contained in a fire pit or commercial outdoor fireplace with an area that does not exceed three feet in diameter.
RUBBISH (TRASH)
Any combustible or noncombustible waste matter, except garbage, including but not limited to paper, rags, cartons, boxes, wood, excelsior, rubber, leather, plastics, tree branches, yard trimmings, tin cans, metals, automobile parts, mineral matter, glass, crockery, dust and the residue from the burning of flammable material and/or combustible waste matter.
(3) 
Section 307.1 is hereby revised to read as follows:
(a) 
No person shall kindle or maintain any open fire or authorize any such open fire to be kindled or maintained on any private property within the City of Kalamazoo, unless expressly permitted by the Fire Marshal.
(b) 
During construction or demolition of buildings or structures, no waste materials or rubbish shall be disposed of by burning on the premises or any other place within the City of Kalamazoo.
(c) 
Waste matter shall not be burned, under permit or otherwise, which shall, in burning, cause or create a dense smoke or odor.
(d) 
The burning of leaves or brush within the City of Kalamazoo is hereby prohibited.
(e) 
No person shall kindle or maintain any open fire or authorize such open fire to be kindled or maintained on or in any public street, alley, road, public right-of-way, or other public place.
(f) 
No person shall throw down or drop any lighted match, cigar, cigarette or other burning substance in combustible material or in close proximity thereto.
(g) 
The burning of garbage or rubbish is prohibited within the City of Kalamazoo, except in an incinerator approved as required by Section 605.8.
(h) 
No fire shall be kindled or maintained in a barrel or trash burner or any other form of incinerator which does not meet the requirements of Section 605.8 of this code.
Exceptions: The provisions of Section 307.1 shall not apply to:
1.
The burning of wood, charcoal, coke or other accepted fuel for the preparing of food in any form, in an approved container or utensil manufactured for food preparation, while being used in a safe and sanitary manner.
2.
The use of approved gaseous or liquid-fired salamanders commonly employed in conjunction with building and construction operations when being used in accordance with accepted safety standards.
3.
Roofers, tinners, plumbers, or other mechanics pursuing a business requiring the use of fire for the purpose of boiling tar, pitch or oil used in the regular course of their business or trade and while being used in a safe and sanitary manner conforming to all other applicable codes and requirements.
(4) 
Section 307 is hereby amended to revise Section 307.4.1 to read as follows:
Bonfires. The kindling of bonfires or campfires within the City of Kalamazoo is hereby prohibited.
(5) 
Section 307 is hereby amended to revise Section 307.4.2 to read as follows:
Recreational fires. A permit shall be obtained from the fire code official prior to conducting a recreational fire.
Exception. Recreational fires may be conducted without a permit in an approved outdoor device in accordance to manufacturer's instructions at single- and two-family dwellings on a single parcel under the following conditions:
1.
The device shall have a screen cover that aids in the protection to contain burning particulate from escaping into the atmosphere.
2.
The device shall be 15 feet from any structure or combustibles.
3.
A person shall have a garden hose connected to a reliable water source readily available for use.
4.
The size of the fire shall be no larger than three feet by three feet by three feet.
5.
Firewood being burned shall not have a diameter larger than three inches in diameter.
6.
Burning shall not create a foul or offensive odor or cause smoke emissions that are reasonably offensive to occupants of surrounding property.
7.
The burning of garbage, leaves, or other waste material is prohibited.
8.
Any fire shall be extinguished at the direction of a Public Safety Officer if the fire is determined to constitute a hazardous condition, to create a foul or offensive odor, or to cause smoke emissions that are reasonably offensive to occupants of surrounding property.
9.
The fire shall be constantly attended by a competent person until such fire is extinguished.
(6) 
Section 307 is hereby amended to revise Section 307.4.3 to read as follows:
Portable outdoor fireplaces. A permit shall be obtained from the fire code official prior to using a portable outdoor fireplace.
Exception. Portable outdoor fireplaces at single- and two-family dwellings may be conducted without a permit when they are used in accordance with the manufacturer's instructions and not operated within 15 feet of a structure or combustible material.
(7) 
Section 307 is hereby amended to add Section 307.6 to read as follows:
307.6 Open Burning for training and emergency purposes.
(a) 
Open burning for Department of Public Safety and civil defense purposes may be specifically permitted in writing by the Chief after a determination by the Chief that such open burning will occur under the following circumstances:
i.
The area is adequately protected by public safety officers, or department trainees, or other authorized representatives.
ii.
The fire will be of short duration.
iii.
The atmosphere is relatively free of pollutants.
(b) 
The Chief may issue permits for such open fires as deemed necessary in times of disaster or emergency.
(8) 
Section 308 is hereby amended to revise Section 308.1.4 to read as follows:
Open-flame cooking devices. Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet of combustible construction, decorations or furnishings.
(9) 
Section 308 is hereby amended to add Section 308.1.4.1 to read as follows:
Open-flame cooking devices shall not be operated over a public right-of-way or property of others.
(10) 
Section 403 is hereby amended to revise Exception 1 to Section 403.11.3.1 to read as follows:
Outdoor events with a capacity of less than 1,000 are not required to provide crowd managers, unless the outdoor event is held in a confined site.
(11) 
Section 505 is hereby amended to revise Section 505.1 to read as follows:
Address identification. New and existing commercial or multifamily buildings shall provide address identification as follows:
1.
Street number and street name are required.
a.
Numbers and letters must be in color or material that provides contrast with its background.
b.
Numbers should not be spelled out, but in numerical text.
2.
Format (number, letter, stroke for each).
a.
Residential. Multiple-unit residential buildings containing up to four units and those residential buildings with an exterior appearance of a single home that are divided into multiple units shall comply with the following:
i.
Text. Only street number is required.
ii.
Size. Numbers and letters shall be four to six inches in size.
iii.
Location. Street numbers shall be located on the street-facing facade with the primary entrance and/or on a mailbox or fence at the front property line.
iv.
Corner buildings shall locate street numbers on the side of recorded address.
b.
All other buildings shall comply with the following:
i.
Text. Both street number and street name are required.
ii.
Size. Street numbers shall be 12 inches in height, with a minimum stroke width of 1.5 inches. Street name shall be a minimum of six inches in height.
The fire code official may require that buildings set back more than 50 feet from the street or that have permanent obstructions limiting visibility (utility poles, bridges, fencing, etc.), utilize street numbers up to 24 inches in height.
Building facades facing alleys and courts and those facades facing secondary streets shall utilize letters 12 inches in height.
iii.
Location. Street numbers and street names shall be located on all street-facing facades in such a way as to minimize the obstruction from trees, light poles, and other signage.
Buildings located more than 50 feet from the street may utilize a freestanding sign for its street number and street address requirements when the sign is located directly adjacent to the driveway(s) into the site and is visible to travel in all directions.
iv.
Multiple Addresses. Buildings with multiple addresses or separate suites shall have the street number or suite number located within five feet of the front entrance for each address, regardless of other freestanding or collective address signage.
These numbers shall be six inches in height.
When these numbers are located on clear glazing, such as doors or windows, the numbers shall be white or black to achieve contrast during all lighting conditions.
(12) 
Section 605 is hereby amended to revise Section 605.8.4 to read as follows:
All burning shall take place during hours approved by the Chief. Burning shall be confined to incinerators which are permitted as set forth herein.
(13) 
Section 605 is hereby amended to add Section 605.8.8 to read as follows:
The installation, operation, and/or construction of a commercial, industrial, or residential-type incinerator is hereby prohibited without first obtaining a permit to construct, install, alter or operate such incinerator from the Michigan Department of Natural Resources, Air Quality Division.
(14) 
Section 605 is hereby amended to add Section 605.8.9 to read as follows:
Any incinerator allowed to be used in connection with any occupancy shall be located not less than 10 feet from any building or property line; provided, further, that the stack of any such incinerator shall be constructed in accordance with the Mechanical Code and shall terminate not less than five feet from combustible roof, overhang, or eave construction.
(15) 
Section 605 is hereby amended to add Section 605.8.10 to read as follows:
Incinerators installed in a trailer camp, mobile home park or permanent camping park shall comply with the provisions of this code. Such incinerators shall be located not less than 10 feet from any property line and 10 feet from any building, trailer, mobile home or camp site.
(16) 
Section 605 is hereby amended to add Section 605.8.11 to read as follows:
Incinerators and the equipment thereof shall be maintained in good condition and repair at all times.
(17) 
Section 605 is hereby amended to add Section 605.8.12 to read as follows:
A minimum clearance of 10 feet shall be maintained between incinerators and all rubbish, dry grass, weeds, vegetation and/or any other combustible material.
(18) 
Section 605 is hereby amended to add Section 605.8.13 to read as follows:
Chimneys used in conjunction with fireplaces or heating appliances in which solid or liquid fuel is used, upon any cabin, house, hotel, building or structure located within 200 feet of any brush or forest-covered land or land covered with flammable materials, shall be maintained with a spark arrestor as required for incinerators.
(19) 
Section 605 is hereby amended to add Section 605.8.14 to read as follows:
A person shall not construct, erect, install, maintain or use any incinerator as to constitute or occasion a fire hazard by the use or burning thereof or as to endanger the life or property of any person thereby.
(20) 
Section 605 is hereby amended to add Section 605.8.15 to read as follows:
No person shall deposit hot ashes or cinders or smoldering coals, or greasy or oily substances liable to spontaneous ignition into any combustible receptacle or place the same within 10 feet of any combustible materials, except in approved metal or other noncombustible, covered receptacles. Such receptacles, unless resting on a noncombustible floor or on the ground outside the buildings, shall be placed on noncombustible stands and in every case shall be kept at least two feet away from any combustible wall or partition or exterior window opening.
(21) 
Section 901 is hereby amended to revise Section 901.6.3 to read as follows:
Records of all system inspections, tests and maintenance required by the referenced standards shall be maintained on the premises for a minimum of three years and shall be copied to the fire code official using a system as specified by the fire code official.
(22) 
Section 906 is hereby amended to add Sections 906.1.1 and 906.1.2 to read as follows:
906.1.1 Portable fire extinguishers shall be installed in occupancies and locations as set forth in this code and as required by the Chief. All occupancies shall have a minimum of one portable fire extinguisher on each story and in the basement. Such extinguisher shall have a 2A10BC rating, or extinguishers with an equivalent rating shall be provided unless modified by the Chief or his authorized representative.
906.1.2 Portable fire extinguishers are required in all dwelling units, condominiums, guest rooms in rooming houses, hotels, motels, fraternity houses, sorority houses, group homes, and any other type of residential occupancy, and shall be installed within individual dwelling units. They shall be at least 1A10BC type and installed where they are easily accessible and visible, permanently mounted on a wall. Furthermore, all fire protection equipment shall be maintained in an operable condition.
(23) 
Section 907 is hereby amended to revise Section 907.6.6 to read as follows:
Monitoring. Fire alarm systems required by this chapter or by the International Building Code shall be monitored by a listed central station as defined in NFPA 72. A certificate or placard shall be issued by a recognized listing organization that has listed the prime contractor for all newly installed fire alarm systems in commercial occupancies in accordance with NFPA 72. This regulation shall apply to all fire alarm systems that are newly installed in commercial occupancies for which permits are required by the City of Kalamazoo Community Planning and Development Department on or after August 29, 2019. Any existing fire alarm system in a commercial occupancy wherein the fire alarm control panel and/or alarm system components are to be replaced shall be considered newly installed for the purpose of this section. Also, where there is a reasonable cause due to noncompliance or faulty conditions, the fire code official may require an existing fire alarm system to meet the same requirements as a newly installed system. Central station service in full compliance with the 2016 edition of NFPA 72 shall be maintained at the protected property, so long as the requirement for the fire alarm system exists.
(24) 
Section 5704 is hereby amended to add Section 5704.1.1 to read as follows:
5704.1.1 Storage of Class I and Class II liquids in aboveground tanks outside of buildings is prohibited within the limits established by law as the limits of districts in which such storage is prohibited.
Exception: Storage of Class I and Class II liquids in aboveground tanks, outside of buildings, within these limits may be permitted if the tanks are enclosed in reinforced concrete vaults approved by the Chief.
(25) 
Section 5704 is hereby amended to add Section 5704.1.2 to read as follows:
5704.1.2 Rules and regulations. The rules of the Department of State Police, State Fire Safety Board, entitled "Michigan Underground Storage Tank Rules," being R 29.201 through 29.2169 of the Michigan Administrative Code, and "Storage and Handling of Flammable and Combustible Liquids" being R 29.4101 through R 29.4504 of the Michigan Administrative Code as presently existing and as may be hereinafter amended, are hereby adopted by reference thereto.
(26) 
Section C103 is hereby amended to revise Section C103.1 to read as follows:
Hydrant spacing. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 shall be provided with one or more fire hydrants. Fire hydrant spacing of 300 feet shall be the normal operating standard of hydrants. Where streets are provided with median dividers that cannot be crossed by fire fighters pulling hose lines, or where arterial streets are provided with four or more traffic lanes and have a traffic count of more than 30,000 vehicles per day, hydrant spacing shall average 300 feet on each side of the street and be arranged on an alternating basis. The fire code official is authorized to require additional hydrant placement based on operational necessity; this may be but is not limited to streets that are a primary, trunk, one-way and railroad track placement.
A. 
The International Fire Code adopted by this article shall be enforced by the Bureau of Fire Prevention of the Department of Public Safety. The Chief of the Department of Public Safety, subject to the approval of the City Manager, shall detail such members of the Department of Public Safety as inspectors, as shall from time to time be necessary to enforce such code.
B. 
A report of the Bureau of Fire Prevention shall be included in the annual report of the Department of Public Safety, and it shall include all proceedings under the code adopted by this article with such statistics and other data as the Chief of the Department of Public Safety may require.
A. 
The limits referred to in Section 5704 of the International Fire Code adopted by this article, in which storage of flammable liquids in outside aboveground tanks is prohibited, are hereby established to be the following area in the City: beginning at a point on the center line of Stockbridge Avenue and Mills Street; thence north on the center line of Mills Street to the center line of East Vine Street; thence east on the center line of East Vine Street to the City limits line; thence north on the City limits line to a point 150 feet north of the intersection of East Michigan Avenue, Schippers Lane and Wallace Avenue; thence northwest to a point 150 feet east of the intersection of East Michigan Avenue and East Main Street; thence north to the center line of Charlotte and Sherwood Avenue; thence west along the center line of Sherwood Avenue to a point 150 feet east of Riverview Drive; thence north to the center line of Gull Road; thence west along the center line of Gull Road to the center line of Riverview Drive; thence north along the center line of Riverview Drive to the City limits line; thence along the City limits line to a point 150 feet west of Burdick Street; thence due south to a point 150 feet south of the center line of Frank Street; thence west to the center of Simpson Street; thence south to the center line of North Street; thence west to the center line of Elm Street; thence south to the M.C.R.R. tracks; thence southwest along the M.C.R.R. tracks to the center line of Academy Street; thence east along the center line of Academy Street to a point 150 feet west of the center line of Westnedge Street; thence south along a line 150 feet west and parallel with Westnedge to the center line of West Vine Street; thence along the center line of West Vine Street to a point 150 feet west of South Burdick Street; thence south to the center line of Stockbridge Avenue; thence east to the point of beginning.
B. 
The limits in which new bulk plants for flammable liquids are prohibited are hereby established to be the area set forth in Subsection A above.
C. 
The limits in which bulk storage of liquefied petroleum gas is restricted are hereby established to be the area set forth in Subsection A above.
The Chief of the Department of Public Safety shall have authority to modify any of the provisions of the International Fire Code adopted by this article, upon application, in writing, by the owner or lessee, or their duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of such 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 Department of Public Safety thereon, shall be entered upon the records of the department, and a signed copy shall be furnished the applicant.
A. 
The Chief of the Department of Public Safety shall 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 code adopted by this article. The person affected may appeal such decision to the Building Board of Appeals as provided in § 15-46. At all times the decision of the Board of Appeals shall be in such a way as to protect the health, safety, and welfare of the people of the City, the occupants of the premises, or persons and property nearby.
B. 
The Fire Prevention Bureau of the Department of Public Safety shall disseminate information on all new materials, processes, or occupancies referred to above to department personnel and other involved persons by an approved and current method.
Whenever the Chief of the Department of Public Safety shall disapprove an application or refuse to grant a permit applied for under the code adopted by this article, or whenever it is claimed that the provisions of such code do not apply or that the true intent and meaning of such code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Department of Public Safety to the Building Board of Appeals, pursuant to the rules, regulations, and procedures thereof. Such appeal shall be made within 30 days from the date of the decision by the Chief of the Department of Public Safety.
A. 
Any person who shall violate any of the provisions of the International Fire Code adopted by this article or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Chief of the Department of Public Safety, Board of Appeals, or a court of competent jurisdiction, within the time fixed therein, shall severally, for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by imprisonment for not more than 90 days or a fine of not more than $500, or both. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.
B. 
The application of the above penalty shall not be held to prevent injunction or the enforced removal of prohibited conditions.
C. 
In lieu of arrest, this article may be enforced by the issuance of an appearance ticket.