[HISTORY: Adopted by the City Commission of the City of Royal Oak as indicated in article histories. Amendments noted where applicable.]
Authority to pass fire prevention ordinances — See Ch. 14, Sec. 16.
Fire Department — See Ch. 70.
Alarm systems — See Ch. 180.
Construction code enforcement — See Ch. 260.
Hazardous materials and incendiary-type fires — See Ch. 379.
Housing — See Ch. 400.
Property maintenance — See Ch. 556.
Smoke pollution — See Ch. 619.
Vehicles transporting flammable liquids — See Ch. 733.
Zoning — See Ch. 770.
[Adopted 12-18-2017 by Ord. No. 2017-17]
1Editor's Note: This ordinance also repealed former Art. I, Adoption of Standards, adopted 5-16-2011 by Ord. No. 2011-10.
A certain document, which is on file in the office of the City Clerk of the City of Royal Oak, being marked and designated as the International Fire Code, 2015 edition, including Appendix Chapters E, F, I and G (see International Fire Code Section 101.2.1, 2015 edition), as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Royal Oak, Michigan, regulating and governing the safeguarding of life and property from fire and 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 as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the City Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 340-2 of this article. All references to the "International Building Code" shall be to the "Michigan Building Code."
The following sections are hereby revised:
In Section 101.1, insert: "City of Royal Oak, Michigan."
Section 104.1.1 shall be added following Section 104.1 to read as follows:
Section 105.1 shall be amended to read as follows:
Section 105.6 shall be amended to read as follows:
Section 107.3.1 shall be added following Section 107.3 to read as follows:
Section 108.1 shall be amended to read as follows:
Section 108.1.1 shall be added following Section 108.1 to read as follows:
In Section 109.4, insert: "Misdemeanor, $500 maximum and/or 90 days' imprisonment maximum."
In Section 111.4, insert: "$100; $500."
Section 111.4.1 shall be added following Section 111.4 to read as follows:
Section 308.1.1.1 shall be added following Section 308.1.1 to read as follows:
Section 308.5 shall be added following Section 308.4.1 to read as follows:
Section 315.3.5 shall be added following Section 315.3.4 to read as follows:
Section 315.7 shall be added following Section 315.6 to read as follows:
Section 403.2.2.1 shall be added following Section 403.2.2 to read as follows:
Section 503.1.4 shall be added following Section 503.1.3 to read as follows:
Section 503.2.4 shall be amended to read as follows:
Section 503.3.1 shall be added following Section 503.3 to read as follows:
Section 503.4.2 shall be added following Section 503.4.1 to read as follows:
Section 505.1.1 shall be added following Section 505.1 to read as follows:
Section 507.5.1.2 shall be added following Section 507.5.1 to read as follows:
Section 507.5.1.3 shall be added following Section 507.5.1.2 to read as follows:
Section 507.5.1.4 shall be added following Section 507.5.1.3 to read as follows:
Section 507.5.1.5 shall be added following Section 507.5.1.4 to read as follows:
Section 507.5.1.6 shall be added following Section 507.5.1.5 to read as follows:
Section 507.5.1.7 shall be added following Section 507.5.1.6 to read as follows:
Section 507.5.4.1 shall be added following Section 507.5.4 to read as follows:
Section 603.8 shall be amended to read as follows:
Section 609.3.5 shall be added following Section 609.3.4 to read as follows:
Section 801.2 shall be added following Section 801.1 to read as follows:
Section 806.1.1 shall be amended to read as follows:
Section 903.2.7.2 shall be added following Section 903.2.7.1 to read as follows:
Section 903.2.8.5 shall be added following Section 903.2.8.4 to read as follows:
Section 903.2.11.3 shall be amended to read as follows:
Section 903.3.5 shall be amended to read as follows:
Section 903.4.2.1 shall be added following Section 903.4.2 to read as follows:
Section 904.12.6.4 shall be added following Section 904.12.6.3 to read as follows:
Section 906.3.1.1 shall be added following Section 906.3.1 to read as follows:
Section 907.2.11.2.1 shall be added following 907.2.11.2 to read as follows:
Section 907.4.2.4 shall be amended to read as follows:
Section 908.8 shall be added following Section 908.7 to read as follows:
Section 912.1.1 shall be added following Section 912.1 to read as follows:
Section 912.2.1 shall be amended to read as follows:
Section 912.3 shall be amended to read as follows:
Section 1004.3.1 shall be added following Section 1004.3 to read as follows:
In Section 1103.5.2, insert "System installed by December 31, 2020."
Section 2304.2.6 shall be added following Section 2304.2.5 to read as follows:
Section 2801.3 shall be added following Section 2801.2 to read as follows:
Section 3303.5.1 shall be added following Section 3303.5 to read as follows:
Section 5601.1.3 shall be amended to read as follows:
Section 5601.1.4 shall be amended to read as follows:
Section 5608.2.3 shall be added following Section 5608.2.2 to read as follows:
Section 6104.5 shall be added following Section 6104.4 to read as follows:
The geographic limits referred to in certain sections of the 2015 International Fire Code are hereby established as follows:
The following fire control measures and regulations are adopted for the purpose of controlling conditions which could impede or interfere with the fire suppression forces:
Authority at fires and other emergencies.
Fire Chief. The Fire Chief or his duly authorized representative, 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 his or her duty.
Police or fire officials. A police or fire official, depending on who is in charge of a particular emergency situation:
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 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.
Fire Officials. The Fire Official may remove or cause to be removed any person, vehicle, or object from a hazardous area, and any such person, vehicle, or object shall do so immediately and shall not re-enter the area until authorized to do so by the Fire Official.
Interference with Fire Department operations. 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 or apparatus in any way, or to interfere with, obstruct or hamper any Fire Department operations.
Compliance with orders. A person shall not willfully fail or refuse to comply with any lawful order or direction of the Fire Official or interfere with the compliance attempts of another individual.
Authorized emergency vehicles/equipment.
Defined. Authorized emergency vehicles shall be restricted to those which are defined and authorized under the laws of the State of Michigan.
Yielding right-of-way; due care and caution. Drivers and operators shall comply with MCLA § 257.653 and MCLA § 257.653a. A person who violates either of these sections shall be subject to the penalties set forth in the Michigan Vehicle Code, MCLA § 257.1 et seq., as amended.
Following prohibited. It shall be unlawful for the operator of any vehicle, other than one on official business, to follow closer than 500 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.
Unlawful boarding or tampering with Fire Department emergency equipment. A person shall not, without proper authorization from the Fire Official in charge of said Fire Department emergency equipment, cling to, attach to, climb upon or into, board, or swing upon any Fire Department emergency vehicle, whether the same is in motion or at rest, operate any emergency warning equipment, or 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.
Vehicles crossing fire hose. A vehicle shall not be driven or propelled over any unprotected fire hose of the Fire Department when it is laid down on any street, alleyway, private drive, or any other vehicular road without the consent of the Fire Official in command of said operations.
Damage/injury to Fire Department equipment/personnel. It shall be unlawful for any person to damage or deface, or attempt or conspire to damage or deface, any Fire Department emergency vehicle or equipment at any time; or to injure, or attempt or conspire to injure Fire Department personnel while performing department duties.
Open building due to fire. The Fire Chief or his duly authorized representative may order the securing of any fire-damaged building. If the owner, lessee or occupant of the building is present, this order shall be given to that person. If no owner, lessee, or occupant of the building is present, the Fire Chief or his duly authorized representative may take reasonable measures to have the building secured. The expense of securing the building by the City shall be charged to the owner, lessee or occupant.
Purpose. The purpose of this section is to enable the City of Royal Oak to require reimbursement from those individuals and/or entities who receive direct benefits from emergency medical/Fire/Police Department services provided by the City; from those persons responsible for the release, threatened release, leaking, spilling, or escape of dangerous materials, and/or damage to public property; and those requesting or necessitating that an emergency response be provided.
Definitions. For the purpose of this section, the words and phrases listed below shall have the following meanings:
- DANGEROUS OR HAZARDOUS SUBSTANCES OR MATERIALS
- Any and all substances, compounds, mixtures or materials that are defined to be, designated as, listed as, or which have characteristics that are hazardous or toxic under any federal, state or local statute, ordinance, rule or regulation, or under the relevant environmental laws.
- EMERGENCY RESPONSE
- The provision/utilization of environmental removal and/or cleanup, firefighting, emergency medical, crowd control, investigatory, and rescue services by the Police and/or Fire Department, or by a private corporation or governmental or intergovernmental entity or agency operating at the request of or direction of the Fire Department, as well as sign fabrication and repairs to damaged public property undertaken by or at the direction or request of the Department of Public Services. This definition shall include, but not be limited to, the provision/utilization of the City's firefighting/emergency medical/rescue services, including resuscitator and emergency extrication service, to the scene of a fire, accident, utility emergency, hazardous material incident, arson, technical rescue, or other emergency situation.
- ENVIRONMENTAL CLEANUP
- Removal, abatement, mitigation and restoration activities necessitated by any release or threatened release of a dangerous or hazardous substance or material of unknown composition reasonably believed to be dangerous or hazardous.
- EXPENSE OF EMERGENCY RESPONSE
- The actual costs associated with an emergency response. The expenses of making an emergency response shall include the costs associated with investigation, removal, repair, abatement, mitigation, environmental cleanup and analysis of chemical test, if applicable.
- Includes one or more individuals and/or corporate, unincorporated or partnership entities, including governmental entities and agencies.
- PUBLIC PROPERTY
- Real and/or personal property of a governmental entity.
- RELEVANT ENVIRONMENTAL LAWS
- As referred to herein, shall mean all applicable federal, state and local statutes, laws, ordinances, rules, regulation, orders, judicial determination, and decisions or determinations by any judicial, legislative or executive body of any governmental or quasi-governmental entity, whether in the past, the present, or the future, that regulate, prohibit, or impose duties or liabilities with respect to:
- (1) The installation, existence, or removal of, or exposure to asbestos on the property;
- (2) Performing or paying for testing, investigation, remedial actions, response activities, cleanup, fines or penalties relating to hazardous materials that are or were present, released, discharged, disposed, stored, manufactured, treated, or utilized at or from the property;
- (3) The existence, manufacture, treatment, storage, use, release, disposal, discharge, manufacture, remedy, or removal of hazardous materials at, to or from the property; and
- (4) The effects on the environment of the property or of any activity now, previously, or hereafter conducted on the property.
- UTILITY EMERGENCY
- Downed power lines, gas pipeline breaks, or other mishaps occurring in connection with the activities of public utilities or their suppliers which necessitate a response by the City's police, firefighting and/or emergency medical/rescue services, or cause damage to public property.
The relevant environmental laws shall include, but are not limited to the following, as all may be amended from time to time, and including any replacements thereof:
The Comprehensive Environmental Response Compensation and Liability Act, 43 U.S.C. § 9601 et seq.; Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; the Safe Drinking Water Act, 42 U.S.C. § 300F et seq.; the Toxic Substances Control Act 15 U.S.C. § 2601, et seq.; the Federal Water Pollution Control Act, 33 U.S.C. § 1251, et seq.; the Clean Air Act, 42 U.S.C. § 7401, et seq. and all regulations and interpretations promulgated in connection with the foregoing.
Environmental Protection Agency Regulations pertaining to asbestos (including 40 CFR Part 61, Subpart M); the Occupational Safety and Health Administration Regulations pertaining to Asbestos (including 29 CFR 1919.1011 and 1926.58) as each may now or hereafter be amended; and
The Michigan Natural Resources and Environmental Protection Act, MCLA § 323.101, et seq., and all regulations promulgated thereunder, and any similar local laws, ordinances and regulations pertaining to hazardous materials, asbestos and other environmental matters.
Presumption of liability.
The owner, lessor and operator of any property to which there is an emergency response shall be presumed liable for the expense of the emergency.
Any person or vehicle owner/lessee who owns, leases and/or operates a motor vehicle or other transporter or equipment, the operation of which results in an emergency response, shall be presumed liable for the expenses of said emergency response.
Any individual who is the subject of an emergency response by the City shall be presumed liable for the expenses of said emergency response.
Any person causing a fire, an accident, or any release giving rise to a need for environmental cleanup or other emergency response shall be presumed liable for the expenses of said emergency response.
In the event of a utility emergency, the public utility whose activities or facilities necessitated the emergency response shall be presumed liable for the expenses of said emergency response.
Recovery of expenses of emergency response.
Recovery of expenses for utility emergency. Any and all persons owning, maintaining or operating a public or private utility, including but not limited to, electric lines, telephone lines, cable lines and pipelines, within the City of Royal Oak, shall be responsible for and pay the actual cost and expense incurred by the City to respond to, assist, manage, monitor or remediate any emergency concerning or involving the utility.
Recovery of expenses for hazardous and toxic materials. Any owner and/or operator of any property, equipment or container shall be responsible for and pay the actual cost and expense incurred by the City to respond to, assist, manage, monitor or remediate an emergency incident involving hazardous or toxic materials.
Recovery of expenses for high BAC/OWI/OWVI/minor with BAC responses. Any owner/operator of any vehicle found to be guilty of any violation of federal, state or local law, ordinance, or regulation involving the operation of a motor vehicle and the consumption of intoxicating liquor and/or the use of a controlled substance shall be responsible for and pay all the actual costs and expenses incurred by the City to respond to, to assist with, to manage, and/or to transport from the incident.
Recovery of expenses for incendiary fires. Any person found responsible for setting an incendiary type fire by a court shall be responsible for and pay the actual cost and expense incurred by the City to respond, assist, manage, monitor, investigate or remediate the fire site. Incendiary fires shall include intentionally and legally started fires.
Actual costs. Actual costs and expenses shall include, but not be limited to, the direct costs, wages, fringe benefits, equipment operation and materials incurred by the Fire Department, Police Department, Department of Public Services or any other City Department or personnel or any labor services for which the City had to contract, in making the response to the emergency.
Dangerous or hazardous substances/materials liability.
It shall be the duty of any person who causes or controls leakage, spillage, or any other dissemination of dangerous or hazardous substances or materials to immediately remove such and clean-up the area of the spillage in such a manner that the area involved is fully restored to its condition as existed prior to such occurrence. The Fire Department shall be contacted to inspect said site to make certain that the cleaning is in compliance with local, state, and federal guidelines, regulations, and laws.
Any such person who violates this article by failing to clean, without delay, a dangerous or hazardous substance release, shall be liable to and pay the City for its costs incurred, or incurred by any party which it may engage for the complete abatement, mitigation, cleanup, restoration and inspection of the affected area, and shall be guilty of a misdemeanor punishable by up to 90 days' imprisonment or a fine of up to $500, or both.
The City shall be entitled to recover any and all expenses of emergency responses. Such expenses shall include, but are not limited to, any related third-party costs, which are necessary to ensure the safety of the City and its populace and buildings.
The City's Finance Department or its designee shall, within 90 days of receiving an itemized statement of expenses incurred for emergency response, submit a statement of charges for same by first class mail to any such person whose identity and address are known to the Director of Finance. Such a statement may also be transmitted via facsimile or other electronic means if such means are reasonably determined to provide actual notice to the intended recipient. Said statement shall require payment within 45 days.
Any person receiving such a statement shall have the opportunity to appeal all or any portion of the amount shown on such statement by filing a written request for same with the Fire Chief within 30 days of receipt of an invoice from the City. The request must be accompanied by a written explanation as to why the amount appealed should not be charged to the appellant. The Assistant Chief of the Fire Department, as hearing officer, or, in his absence, the Chief of the Fire Department or his designee shall hear such appeals. If the hearing officer determines that the appellant is not properly responsible for any or the entire amount charged, the hearing officer may waive such charge against the appellant. The findings and decisions of the hearing officer shall be in writing and filed with the Office of the Fire Chief.
If no written request for appeal is received within the specified time, the City may proceed by suit in a court of appropriate jurisdiction to collect any monies remaining unpaid at the expiration of 45 days from billing, or, if no bill is submitted, at any time subsequent to the emergency response in question.
In addition, the City shall have any other remedy available to the City by law.
Hazardous materials; arson fires.
The Fire Department shall have the authority to recover all costs related to the use of equipment, personnel, and supplies associated with incidents related to:
Fires that are a direct result of an incendiary act.
Fires that are the result of, or can be attributed to, the failure of a building owner, occupant, or other responsible representative of the property to comply with a lawful order from the Code Official to abate a fire hazard.
Such costs shall include, but are not limited to those associated with incident abatement, mitigation, cleanup, extinguishment, standby, as well as any related third-party costs. Such costs shall be the responsibility of the owner, operator or agent of the building, property, equipment, vehicle, or container causing or contributing to a hazardous condition, fire, or dangerous situation.
Cost recovery: fires. To protect the health, safety and welfare of its residents and to serve as a deterrent against unsafe conditions, the City of Royal Oak or its Fire Department may recover all costs for use of equipment, personnel and supplies associated with fire extinguishment when it is determined that such fire extinguishment was necessitated by a person's intentional disregard for the safety of persons or property, violation of law, recklessness or gross negligence. The Fire Department may also request the City Attorney to file a civil action for the recovery for costs.
Defined. "Open burning" means burning that is not contained in a vessel designed to contain fire.
No person shall cause or permit any open burning of fuel, garbage, or other combustible refuse or waste material, including by way of description, but not by way of limitation, leaves, brush, tree trimmings, and grass.
Fuel for a residential outdoor fire is limited to natural gas, propane (LPG), commercially available charcoal or charcoal briquettes. The fire shall not be utilized for waste disposal purposes.
Special occasional open fires may be allowed with permission of the Fire Chief or his/her designee, upon a determination by the Fire Chief or his/her designee that the maintenance of such fire is not likely to create a hazard or nuisance condition to adjacent property or persons in close proximity. The Fire Chief or his/her designee may attach conditions to the permit. The City may charge a fee for the permit to recover its incidental costs.
Section 307 of the International Fire Code of 2015 is repealed.
Any individual, partnership, corporation or other group acting as a unit violating any provision of this article or any order made thereunder shall be subject to a fine of not more than $500 or be imprisoned for a period not exceeding 90 days, or be both so fined and imprisoned, at the discretion of the court.
If any section, subsection, clause, phrase or portion of this article is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion of this article, and such holding shall not affect the validity of the remaining portions of this article.