City of Bangor, ME
Penobscot County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Bangor 9-28-2015 by Ord. No. 15-307.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 28, Art. VIII.
Building Code — See Ch. 81.
Furnances, fuel storage tanks and solid fuel stoves — See Ch. 128.
Hazardous materials — See Ch. 143.
Life Safety Code — See Ch. 170.
[1]
Editor’s Note: This ordinance also superseded former Ch. 116, Fire Prevention Code, consisting of Art. I, Adoption of Standards, adopted 6-8-1987 by Ord. No. 87-156 (Ch. VII, Art. 14), as amended, and Art. II, Open Burning, adopted as Ch. II, Art. 14, Secs. 9, 11 and 12, as amended.
In accordance with 30-A M.R.S.A. § 3003, as amended, the NFPA 1, Uniform Fire Code, 2006 edition, as published by the National Fire Protection Association, is hereby adopted as the Fire Prevention Code of the City of Bangor. A copy of said code shall be kept on file in the office of the Clerk of the City of Bangor. Said code is hereby incorporated by reference as the minimum standards for safeguarding life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices and from conditions hazardous to life or property in the use or occupancy of buildings or premises.
NFPA 1, Uniform Fire Code, 2006 Edition, is adopted in its published form as if fully set forth herein, with the following amendments and exceptions:
A. 
The following chapters are not adopted:
(1) 
Chapter 13, Section 2.2.2.
(2) 
Chapter 20, Sections 2.3.5; 3.2.1; 4.2.6; 5.2.5.4; 6.2.6; 7.2.6; 8.2.6; 9.2.2; 10.2; and 11.2.
(3) 
Chapter 65, Section 11. (See Rules of the State Fire Marshal, Chapter 25, and Title 8 M.R.S.A § 236.)
(4) 
Chapter 66, Table(s) 66.2.3.2.1.1(a); 66.2.3.2.1.1(b); 66.2.3.2.1.4.
B. 
Chapter 20, Section 11.1 shall be amended to read as follows:
Chapter 20, Section 11.1 Application. New and existing one-and two-family dwellings shall comply with Section 20.11 and NFPA 101. Chapter 24, Section 3.5.1, of NFPA 101 shall not be incorporated in this rule.
[Added 5-8-2017 by Ord. No. 17-145]
A. 
Cooking equipment used in fixed, mobile, or temporary concessions, such as trucks, buses, and trailers, shall comply with NFPA 96: Standard for Ventilation Control and Fire Protection of Commercial Cooking Operation, NFPA 54: National Fuel Gas Code, NFPA 58: Liquefied Petroleum Gas Code, and NFPA 70: National Electric Code, all as adopted by the State of Maine.
B. 
Tents and canopies that are for a temporary use as deemed by the authority having jurisdiction are not required to have an automatic fire-suppression system.
C. 
Fabric enclosures, including tents and canopies, must have been treated or manufactured to be flame resistant. A label certifying that this requirement has been met must be attached to the enclosure. Fabric enclosures must be secured to resist wind.
D. 
All piping, tanks and equipment for fuel shall comply with the current adopted editions of NFPA 54: National Fuel Gas Code and NFPA 58: Liquefied Petroleum Gas Code as adopted by the State of Maine.
E. 
No combustible enclosures are allowed above or near cooking equipment. The ground under a tent that houses cooking equipment and within 10 feet of such a tent must be clear of combustible vegetation. Cooking and any heat-producing equipment must be located a safe distance away from combustibles.
F. 
All internal or external wiring and connections for all types of concessions, whether fixed, mobile or temporary, shall comply with NFPA 70 the National Electric Code as adopted by the State of Maine\.
G. 
Each vendor will have on site a portable fire extinguisher that has a current inspection tag affixed. The minimum size extinguisher required is a dry chemical rated 2A 10 BC.
H. 
For those vendors that will be cooking with meats, grease, oils or fat who have a fire-suppression system complying with NFPA 96, a Type K portable kitchen fire extinguisher sufficient in size to extinguish a fire is required. This requirement is in addition to the requirement for a 2A 10 BC dry chemical fire extinguisher.
I. 
For those vendors that fall under Subsection B of this section that will be cooking with meats, grease, oils or fat who do not have a suppression system complying with NFPA 96, one Class K extinguisher per deep fryer, plus one Class K extinguisher for the first non-deep fryer appliance such as a char broiler or grill, plus one Class K extinguisher for every two additional non-deep fryer appliances such as char broilers or grills, is required. This requirement is in addition to the requirement for a 2A 10 BC dry chemical fire extinguisher.
J. 
Food vendors who burn wood or other solid fuel for their on-site cooking must store all wood or other solid fuel in an area planned for the express purpose of preventing the spread of fire which could be caused by sparks or embers. Any cooking appliance using wood for fuel shall have a spark arrester in place to minimize the passage of airborne sparks and embers. A heavy metal container or cart with a cover shall be provided for the safe storage and removal of ash and other debris.
For any outdoor burning in an outdoor fireplace, portable fire bowl, chiminea, or recreational fire, whether or not a permit is required, the person keeping the fire shall be subject to the following rules:
A. 
A responsible person shall be present at all times.
B. 
The smoke shall not be such as to create a public nuisance.
C. 
A method of extinguishment, such as a fire extinguisher or garden hose, shall be available at all times, and all embers and hot ashes shall be extinguished and removed or wet down at the close of the fire.
D. 
Outdoor burning is allowed only if winds are not greater than 10 miles per hour and the State Forest Division has classified the fire danger at a Class One or Class Two.
E. 
There shall be no burning of trash; household garbage; cardboard; plastic; foam construction material or debris; coated, painted or pressure-treated wood; plywood; particle board or wood with glue on it; or wet, rotted, diseased or moldy wood or leaves.
F. 
For outdoor burning on public property or private property belonging to another, the person responsible for the burning shall provide evidence that the appropriate government agency, property owner or property owner's agent has given permission for the outdoor burning.
G. 
Recreational fires shall be in a pit or tire ring less than three feet in diameter and with material piled less than two feet in height.
H. 
Recreational fires shall be maintained at a safe distance, as determined by the Fire Chief, or his designee, from combustible materials, including trees, decks, buildings, fences, and awnings, and from property lines.
No person shall use a gasoline blow torch or other open flame device for purposes of removing paint from any building or structure located in the City of Bangor.
A. 
Any person who is found to be in violation of any provision or requirement of this chapter shall be subject to a civil penalty as set forth in 30-A M.R.S.A. § 4452. Each violation of a separate provision or requirement, and each day of violation, shall constitute a separate offense. The Fire Chief of the City of Bangor Fire Department, or his designee, may deny an open burning permit to anyone who has violated any provision of the preceding sections of this article.
B. 
If, in response to a complaint, a member of the Bangor Fire Department determines in his discretion that in the interest of public safety it is appropriate to revoke an open burning permit he may do so immediately. In such event, he shall notify the Fire Chief of the City of Bangor Fire Department and the Fire Chief, or his designee, shall review the revocation of the open burning permit and make a determination whether such revocation was appropriate.