It is the intent that the Brighton Area Fire Authority and its successors have full authority and responsibility over the operations of the fire services for the city performing the duties of the previous department.
(Ord. No. 520, 12-16-04)
The city shall provide for payment of its appropriate share of any debts incurred by the authority subject to the agreement(s) with the authority or its participating municipalities. The city may purchase necessary equipment; and/or construct public buildings for uses incidental to the maintenance and operation of the fire services and for that purpose shall have the authority to:
• | Use general funds; |
• | To initiate the creation of special assessment district(s) and levy assessments; |
• | Sell bonds; |
• | Raise revenues in any other manner provided for under law for the operation and maintenance of the department. |
(Ord. No. 520, 12-16-04)
No person shall interfere with or prevent a member of the Brighton Area Fire Department from executing appropriate responsibilities regarding an officially dispatched emergency and/or duty appointed responsibilities of their assigned position. No person shall represent him/herself or otherwise claim to be a member of the department unless duly designated by the Brighton Area Fire Authority.
(Ord. No. 520, 12-16-04)
Fund-raising activities on the behalf of the Brighton Area Fire Authority shall not be conducted in the name of the city without the express permission of the board of trustees.
(Ord. No. 520, 12-16-04)
A certain document, three copies of which are on file in the office of the Fire Marshal for the Brighton Area Fire Department, being marked and designated as the International Fire Code, current edition, as published by the International Code Council, is hereby adopted as the Fire Prevention Code of the City of Brighton, Livingston County, Michigan, for the control of building, structures and premises as herein provided; and each and all of the regulations, provisions, penalties, conditions, and terms of the International Fire Code including the appendix (A, B, C, D, E, F, & G) are hereby referred to, adopted and made a part hereof, as if fully set out in this Code, including the additions, insertions, deletions, and changes, set forth in section 11-27 [International Fire Code].
(Ord. No. 520, 12-16-04)
The following sections of the adopted International Fire Code, current edition, are hereby revised as follows:
Section 101.1 These regulations shall be known as the Fire Prevention Code of the Brighton Area Fire Authority hereinafter referred as "this code."
Section 102.6 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 45 and such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between the provisions of this code and the referenced standards, the provisions, which establish the higher standard for the promotion of the safety and welfare of the public and the protection of the public, of as otherwise determined by the State of Michigan law, shall apply.
Section 105.6.14.1 Permits Fee. A minimum fee established by the Brighton Area Fire Authority may be applied to each type of permit required by this code. Permits may be issued to single vendors or entire event.
Section 105.6.21.1 Hazardous materials. An operational permit, once issued, shall remain valid until revoked or until the occupancy for which the permit was issued shall change ownership. Upon any change of ownership, a new operational permit for the occupancy shall be required to store, transport or site, dispense, use or handle hazardous materials in excess of the amounts listed in Table 105.6.21. Notwithstanding the fact that no additional permit need be issued, nor any further fee charged, for a change in the operation or manner of storage, transportation, dispensing, use or handling of the permitted hazardous substance, nor for any change in the type of hazardous substance being so used, any such change from the conditions of the original permit shall create a duty on the permit holder to advise the fire marshal or his designee of such changes forthwith. Failure to comply with this notification mandate may be cause for revocation of an operational permit where the circumstances surrounding such permit have been changed without notice to the fire marshal.
Exception: (1) Nothing in this subsection shall apply to a farm or farm operation as defined in Section 202 of this Code and Michigan Complied Laws Section 286.472, that being the Michigan Right to Farm Act, Act 93 of the Public Acts of 1981, as amended. (2) Nothing in this subsection shall apply to one or two family dwelling occupancies. |
Section 105.6.21.2 Required amounts for reporting. Reportable quantities shall be considered the maximum amount of hazardous material on site at any given time. This amount is required to be reported to the fire department as indicated in Table 105.6.21.
Section 105.7.13 Permit issuance. A permit granted hereunder shall not be transferable nor shall any such permit be extended beyond the time set fourth therein unless approved by the fire official.
Section 108.4 Board of appeals members. The board of appeals shall consist of the following:
Two members of the Brighton Area Fire Authority.
Three certified fire inspectors from an outside jurisdiction with a minimum of 3 years experience.
No member of the appeals board shall have a conflict of interest with the issue being addressed.
Section 109.4 Prohibited parking; exception; bus-loading zone; violation as civil infraction.
(1) | A vehicle shall not be parked, except in compliance with the law or the directions of a police officer, fire official/personnel or traffic-control device, in any of the following places: | |
1) | Within 26 feet of a fire hydrant. | |
2) | Within 50 feet of the driveway entrance to a fire station and within 75 feet of a fire station entrance on opposite side of street if properly marked by an official sign. | |
3) | Alongside or opposite a street excavation or obstruction, if the stopping, standing, or parking would obstruct traffic. | |
4) | Within 500 feet of an accident at which police officer, fire official/personnel is in attendance. | |
5) | In a place or in a manner that blocks immediate egress from an emergency exit conspicuously marked as an emergency exit of a building. | |
6) | In a place or in a manner that blocks or hampers the immediate egress from a fire escape conspicuously marked as a fire escape providing an emergency means of egress from a building. | |
7) | Within 500 feet of a fire at which fire apparatus is in attendance. However, fire fighters responding to the fire may park within 500 feet of the fire in a manner not to interfere with fire apparatus at the scene. A vehicle parked legally previous to the fire is exempt from this subdivision. | |
8) | In a place or in a manner that blocks access to a space clearly designated as a fire lane. | |
9) | A person shall not move a vehicle not owned by said person into a prohibited area that makes the parking unlawful. | |
Section 109.4.2 Towing and Storage Costs. In addition to the above violation penalties, a person who violates this section shall be responsible for all vehicle towing and storage costs incurred if the Fire Chief and/or his/her designees, as defined in Section 109.4 (2) herein, determines that the vehicle parked in violation of section 109.4 must be towed to insure public safety and/or fire department access to a building or emergency scene.
Section 112 False Alarms
Section 112.1 False alarms; inspections; orders to correct. Upon the 3rd false alarm received within a one year period, the occupant/owner shall be charged the total cost incurred, based on the prices as described in this section. This cost shall include, but not limited to all apparatus put into service, all personnel responding to the call. And will be charge for each additional false alarm until a period of one year has passed without a false alarm. Furthermore the alarm system shall be required to be up graded to meet the UL certification requirements. The exception for residents shall not apply to false alarms cost recovery.
Upon written notice to the owner or lessee of the alarm system by the Fire Marshal or fire code official, the owner or lessee shall have the system inspected by an alarm system contractor who shall, within fifteen days, file a written report to the Fire Marshal or fire code official and the owner or lessee of the result of his/her inspection, the probable cause of the false alarms and his/her recommendation for eliminating false alarms.
(2) | Upon receipt of the report, the Fire Marshal or fire code official shall forward the same to the owner or lessee, ordering corrections, based upon recommendations contained in the report. |
(3) | The owner or lessee shall have three working days from the receipt of the order to make such corrections. Thereafter, to defray the cost of responding to false alarms, the owner or lessee of an alarm system shall pay to the fire authority the amount of the response as per the cost recovery fees for each false alarm received and responded to by the fire department during the calendar year in which the order to correct the system was issued. The amount due to the fire authority shall be paid forthwith upon demand by the fire department and if not so paid, the fire authority and/or designee shall have the right, along with all of the other rights it may have, to impose a lien on the real and personal property of the owner or lessee and such lien shall be enforced in the same manner as are delinquent taxes. |
Section 112.2 Misrepresented False Alarms. It shall be unlawful for any person to summon, in any way, the fire department unless a valid reason for their response is present. The fire chief and/or his/her designee shall have the authority to issue fines as per the cost recovery ordinance to any person causing a false alarm, if the person causing a false alarm is a minor the fines shall be the responsibly of the minors parent or legal guardian.
Section 202 General Definitions. The following definitions shall be in addition to the definitions noted in the International Fire Code current edition.
"Code Official" The fire chief, fire marshal, fire inspector, code enforcement officer, or other designated authority charged by the applicable governing body with the duties of administration and enforcement of the code, or duly authorized representative. The term "fire official" may be used interchangeably with "code official" in this code. |
"False Alarm" Means the activation of an alarm of an alarm system through mechanical failure, malfunction, improper installation or the negligence of the owner or lessee of an alarm system or his/her employee or agent. "False alarm" does not include the alarm caused by severe weather or other violent conditions beyond the control of the owner or lessee of an alarm system or his/her employee or agent. |
"Farm" Means the land, plants, animals, buildings, structures, including ponds used for agricultural or aquacultural activities, machinery, equipment, and other appurtenances used in the commercial production of farm products. MCL 286.472(a). |
"Farm Operations" Means the operation and management of a farm or a condition or activity that occurs at any time as necessary on a farm in connection with the commercial production, harvesting, and storage of farm products. MCL 286.472(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 controlled 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 code official. |
"Misrepresented False Alarm" The willful and knowing initiation or transmission of a signal, message or other notification of event of fire or the emergency when no danger exists. |
"Water Capacity" The amount of water, in either pounds or gallons, at 60 deg. F (15.6 deg. C) required to fill a container full of water. |
Section 307.1.1 Local Burning Ordinances Preserved. Nothing in this Code shall be construed as prohibiting a township or city served by the Brighton Area Fire Authority from regulating matters of open burning by duly adopted local ordinance, whether or not such ordinance predates the adoption of this code. In the event of a conflict between this Code and the ordinance in force and adopted by the city wherein the location in question lies, the local ordinance shall be deemed to supercede this Code and control, for so long as it remains in force. Notwithstanding any superceding local ordinance, however, the Fire Chief, Fire Marshal, or fire code official shall retain the authorization under Section 307.7 of this code to ban all open burning if conditions warrant.
Section 307.5 Fire department training. Open burning is allowed for the purpose of training fire fighters in fire fighting practice, or for the purpose of training the public, including workers or employees, or for the purpose of demonstration by the fire official or other trained fire personnel, when such burning is done in accordance with accepted practice.
Section 307.6 Banning open burning. The Fire Chief, Fire Marshal, or fire code official shall be authorized to issue a ban on all open burning if condition are to hazardous in the opinion of the fire code official to allow the open burning, open flame, etc.
Section 505.1 Address numbers. New and existing building shall have approved numbers, building numbers, or approved building identification placed in a position to be plainly legible and visible from the street or road fronting this property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabet letters. Numbers shall be a minimum of 6 inches high with a minimum stroke of 0.5 inches for commercial/multifamily occupancies, and a minimum of 3 inches high with a minimum stroke of .5 inches for one-and two-family dwellings.
Section 506.1.1 Locks and Key switches. An approved lock or key switch shall be installed on gates or similar barriers when required by the code official.
Section 506.1.1 Lock box locations. Lock box shall be located within view of the front main door or in a location approved by the Brighton Area Fire Authority Fire Marshal Division. The lock box shall be mounted at a minimum height of 60 inches and a maximum height 72 inches. A label on the front main door will indicate the use of a lock box. This department will be notified that a lock box was installed. The lock box shall be operable by this department Knox box key. The lock box shall contain keys to all lockable doors, locks, an emergency contact list, and other items as required by the code official. All items within lock box shall be maintained current. If a required item within the box is changed, the fire department shall be notified within 10 days to have the lock box updated.
Section 901.4.5 Installations. Before any fire suppression system or fire alarm system component is installed, enlarged, extended or modified, a permit shall be obtained from the code official. This shall include any device or relay connected to or controlled by the fire suppression system. A qualified installer who is properly licensed and/or certified to perform such work as determined by the code official must perform all work. Construction documents shall be reviewed by the code official prior to the issuance of the permit. Upon issuance of the permit, the permit must be posted at the job site in plain view.
Section 903.3.5.3 Required pressure margin. Due to unforeseeable and changing conditions within the water supply, the code official is authorized to require a pressure margin of up to 20 lbs. 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.
Section 907.7.1 Annunciation. Where fire suppression systems exist in multi-tenant occupancies, i.e., strip malls, separate annunciation shall be required for each separately addressed tenant space unless otherwise approved by the code official.
Section 907.10.2.1 Temporal Code-3. Audible alarm notification appliances shall sound in temporal code-3 pattern as approved by the code official.
Section 907.10.2.2 Audible alarm appliance silencing. Where required by the code official, there shall be a means provided at the fire alarm control panel to silence audible alarm devices without resetting the panel. Where audible alarm devices are provided in connection with visual alarm devices, there shall be a means provided to silence the audible alarm devices without disabling the visual alarm devices or resetting the panel.
Section 907.12.1 Remote annunciation: Where required by the code official, a means of remote annunciation such as a light or other visible indicator shall be installed and marked with an approved description of the detector location in order to indicate the presence and location of detectors in accordance with NFPA 72.
Section 907.12.2 Remote annunciation location. A remote fire alarm annunciation panel shall be located by the front main entrance in the case the main fire panel is not located in this area.
Section 909.16.1 Smoke control systems. Fans within the building shall be shown on the fighter's control panel. A clear indication of the direction of airflow and the relationship of components shall be displayed. A means of confirming equipment function such as an atmospheric pressure switch, air velocity switch, or electrical current differential device, shall be installed to indicate the status of fans, dampers, or other associated equipment during alarm activation or smoke control operations. Status indicators shall be provided for all smoke control equipment, annunciated by fan and zone and by pilot-lamp-type indicators as follows:
1. | Fans, dampers and other operating equipment in their normal status - WHITE. |
2. | Fans, dampers and other operating equipment in their off or closed status - RED. |
3. | Fans, dampers and other operating equipment in their on or open status - GREEN. |
4. | Fans, dampers and other operating equipment in a fault status - YELLOW/AMBER. |
Section 912.2 Location. With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct access to the buildings for other fire apparatus. The location of fire department connections shall be within 100 feet of a hydrant and approved by the Brighton Area Fire Department.
Chapter 45 - Referenced Standards
This chapter shall also include the following:
State of Michigan Laws, Rules, or Requirements including but not necessarily limited to the following with amendments:
Michigan Fire Prevention Code 1941 PA 207
Michigan Explosives Law 1970 PA 202
Michigan Fireworks Law 1931 PA 328
Michigan Model Rocket Law 1965 PA 333
Michigan Storage and Handling of Flammable and Combustible Liquids Rules
Michigan Underground Storage Tank Rules 1999
Section 3. That if any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be unconstitutional; such decision shall not affect the validity of the remaining portions of this ordinance. The Brighton Area Fire Authority hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
Section 4. That the Brighton Area Fire Authority is hereby ordered and directed to cause a notice to be published that this ordinance has been adopted and that three copies of same are available to the public for inspection during regular business hours at the Brighton Area Fire Authority's Main fire station, 1211 West Grand River, Brighton, MI 48843. Said notice shall also contain the introductory paragraph of this ordinance which shall serve as its stated purpose.
Section 5. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect until revised, amended, or repealed from and after the date of its final passage and adoption.
Section 6. General fire services charges. This section is adopted for the purpose of providing financial assistance to the Brighton Area Fire Authority for the provision of fire services through charging for direct benefits received for the fire protection service.
(1) | Charges by resolution. The Brighton Area Fire Authority, pursuant to MCLA 41.806a, hereby authorizes the collection of charges for specific fire services. The fire services to be covered and the actual amount of the charges shall be established by resolution of the Brighton Area Fire Authority from time to time. These charges shall be due and payable to the Brighton Area Fire Authority for the services as stated within this resolution. The resolution may contain various categories of charges for services such as, but not limited to: fire inspection services, false alarms, grass fires, rubbish fires, automobile fires, house fires, fires in commercial establishments, fires in an industrial or manufacturing establishment, hotel and motel fires, aircraft fires, truck fires, forest fires, emergency rescue services, standby fire services for special events, and other services as may be specifically enumerated in the resolution. Categories of costs may also be established for services based upon geographic location and resident status of the benefiting party. |
(2) | Due date of payment. The charges covered by resolution shall be due and payable within 30 calendar days from the date the services is rendered. |
(3) | Exemptions. The following properties and services shall be exempt from charges: |
a. | Fires involving City of Brighton, City of Brighton, and City of Brighton buildings, grounds and/or property; and |
b. | Fire services performed outside the jurisdiction of the Brighton Area fire Authority involving buildings and properties of a township, city, or fire department of whom is a part of a mutual aid contact. |
(4) | Collection of charges. The Brighton Area fire Authority may proceed in a court of appropriate jurisdiction to collect any monies remaining unpaid for services provided as a mature debt of the Brighton Area Fire Authority and shall have any and all other remedies provided by law for the collection of all charges. |
(5) | Non-exclusive charge. The charges established by resolution of the Brighton Area Fire Authority shall not be the exclusive source of revenue available for the Brighton Area Fire Authority to meet the expenses of maintaining and operating the Brighton Area Fire Department. These charges may be supplemented by other sources permitted by state law, including, but not limited to: general taxation following approval by a vote of the electorate, a special assessment established under the applicable Michigan statutes or an appropriation of the general funds of the Brighton Area Fire Authority. |
(6) | Multiple property protection. When a particular service rendered by the Brighton Area Fire Department directly benefits more than one person or more than one property, each person so benefited and the owner of each property receiving benefit shall be liable for the payment of the full charge for such service. The interpretation and application of this section is hereby delegated to the Brighton Area Fire Department's Fire Chief, subject to appeal to the Brighton Area Fire Authority. This section shall be administered so that charges shall be assigned and collected only from the recipients of the service or their agent. |
(7) | Collection agent and reservation of funds. The Brighton Area Fire Authority shall function as the collection agent for the Brighton Area Fire Department for all fees established under this section or any adopted ordinance, schedule thereof. The Brighton Area Fire Department shall be responsible for all procedures and activities concerning billing, collection, record keeping, and inquiries. Funds received, net of collection costs, shall be maintained separately from all other revenues of the Brighton Area Fire Authority and shall be used for the operations and training of the fire marshal. |
(Ord. No. 520, 12-16-04)
(a)
The fire marshal or duly approved fire inspector shall conduct an examination of all site plans, for all proposed new construction within the jurisdiction.
(b)
A written report shall be submitted within 15 days to the planning commission, clearly indicating compliance or noncompliance, to fire code requirements, of all proposed new construction that requires site plan review. A copy of the site plan examination report shall be presented to the building department.
(Ord. No. 520, 12-16-04)
(a)
The fire marshal or duly approved fire inspector shall conduct construction plan examinations relative to all proposed new construction, except one-and two-family detached dwelling units.
(b)
A written report shall be submitted within 15 days to the building department prior to the building permit issuance, indicating all fire code violations or fire code compliance.
(c)
The examination report shall include the review of all pertinent portions of the fire code in relation to the proposed construction.
(Ord. No. 520, 12-16-04)
Permit for fire protection services shall be set by resolution of the Brighton Area Fire Authority Board.
(Ord. No. 520, 12-16-04)
The fire marshal or the duly approved fire inspector shall physically inspect all buildings within the subject jurisdiction with the exception of detached one-and two-family detached dwelling units, their buildings and structures accessory thereof.
(Ord. No. 520, 12-16-04)
If any person maintains violations of this article, or repeatedly violates this article in a manner which becomes a public nuisance, that person may be, upon application by the Brighton Area Fire Authority board to a court of competent jurisdiction, enjoined from such dangerous or noxious activity and shall be compelled to pay the costs of the Brighton Area Fire Authority in procuring such injunction along with the actual attorney fees incurred in such proceedings, with costs and damages, if applicable.
(Ord. No. 520, 12-16-04)