[HISTORY: Adopted by the City Commission of the City of Royal
Oak as indicated in article histories. Amendments noted where applicable.]
CHARTER REFERENCES
Authority to pass fire prevention ordinances — See
Ch. 14, Sec. 16.
GENERAL REFERENCES
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[1]]
[1]
1Editor's Note: This ordinance also repealed former Art.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."
A.
The following sections are hereby revised:
(1)
In Section 101.1, insert: "City of Royal Oak, Michigan."
(2)
Section 104.1.1 shall be added following Section 104.1 to read as
follows:
104.1.1 Duties and powers of the Code Official. All written policy statements promulgated and/or issued by the Code
Official for clarification of a provision of this code, or as a rule
or regulation regarding an issue not specifically or thoroughly addressed
in the code shall have the same effect and enforceability as any other
provision of this code.
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(3)
Section 105.1 shall be amended to read as follows:
105.1 General. Permits shall be in accordance with
Section 105.1.1 through 105.7.18. Where reference is made to this
section for permits elsewhere in this code and there are no provisions
for issuing said permits by the Department of Fire Prevention, the
Fire Official is authorized to waive the particular permit requirement.
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(4)
Section 105.6 shall be amended to read as follows:
105.6 Required operational permits. The Fire Official
is authorized to issue operational permits for the operations set
forth in Sections 105.6.1 through 105.6.48. Where there are no provisions
for issuing said permits, the Fire Official is authorized to waive
the particular permit requirement.
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(5)
Section 107.3.1 shall be added following Section 107.3 to read as
follows:
107.3.1 Inspections, testing and maintenance reports. All inspections and maintenance reports required to be furnished
to the Fire Department by the code shall be electronically forwarded
to the Fire Department using the IROL system (inspectionreportsonline.net),
and any company doing inspections and maintenance shall be required
to register with IROL.
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(6)
Section 108.1 shall be amended to read as follows:
108.1 Board of Appeals established. In order to
hear and decide appeals of orders, decisions, or determinations made
by the Code Official relative to the application and interpretation
of this code, the Royal Oak Construction Code Board of Appeals shall
be utilized.
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(7)
Section 108.1.1 shall be added following Section 108.1 to read as
follows:
108.1.1 Application for appeal. Any person shall
have the right to appeal a decision of the Code Official. The appeal
shall be made first to the Chief of the Fire Department. This appeal
shall be made in writing within 10 days of the decision of the Code
Official. The decision of the Chief of the Fire Department may be
appealed to the Royal Oak Construction Code Board of Appeals. This
appeal shall be made by filing a petition within 20 days of the decision
of the Chief of the Fire Department.
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(8)
Section 108.3 shall be amended to read as follows:
108.3 Qualifications. The Construction Code Board
of Appeals shall consist of members as established by City of Royal
Oak Ordinance 2007-04, as amended.[1]
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(9)
In section 109.4, add subparagraph 2 to read:
[Amended 5-8-2023 by Ord. No. 2023-03]
109.4.2 Reinspection fees. It shall be the discretion
of the Fire Official to levy fees at $100 minimum hourly charge, per
each reinspection, until the code violation(s) is/are abated or removed.
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(10)
In Section 111.4, insert: "$100; $500."
(11)
Section 111.4.1 shall be added following Section 111.4 to read
as follows:
[Amended 5-8-2023 by Ord. No. 2023-04]
111.4.1 Failure to correct violations. If notice
to correct violation is not complied with within the specified time
by the Fire Official, the Fire Official shall request the City Attorney
of the jurisdiction to institute the appropriate legal proceedings
to restrain, correct, or abate such violation, or to require removal
or termination of the unlawful occupancy of the structure in violation
of the provisions of this code, or of any order or direction made
pursuant to the code. The Police Department shall be requested by
the Fire Official to make arrests for any offense against this code
or orders of the Fire Official affecting the immediate safety of the
public. It shall be the discretion of the Fire Official to levy fines
for all Fire Code violations that have not been corrected upon the
time of the first reinspection by the Fire Official. Fines shall be
assessed in the amount of $100 minimum hourly charge, per each reinspection,
until the code violation is abated or removed. Fire or injury resulting
from failure or delay to comply with the violation will be attributed
to negligence on the part of the responsible party or parties.
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(12)
Section 308.1.1.1 shall be added following Section 308.1.1 to
read as follows:
308.1.1.1 Prohibited use. A person shall not utilize,
or allow to be utilized, an open flame in connection with a public
meeting or gathering for purposes of deliberation, worship, entertainment,
amusement, instruction, education, recreation, awaiting transportation
or similar purpose in assembly or educational occupancies without
first obtaining approval from the Fire Official.
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(13)
Section 308.5 shall be added following Section 308.4.1 to read
as follows:
308.5 Fire Department training. Open burning is
allowed for the purpose of training firefighters for firefighting
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.
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(14)
Section 315.3.5 shall be added following Section 315.3.4 to
read as follows:
315.3.5 Inside Storage. The Fire Official may require
additional safeguards for operations involving the use of high-piled
storage. Such safeguards may include, but not be limited to:
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1.
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In-rack fire suppression systems.
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2.
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Early warning fire detection systems.
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3.
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Additional clearances.
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4.
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Isolation of racks.
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5.
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Separation of storage commodities.
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6.
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High density sprinkler systems.
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(15)
Section 315.7 shall be added following Section 315.6 to read
as follows:
315.7 Separation. Outside storage shall not be
located within 15 feet of a structure.
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(16)
Section 403.2.2.1 shall be added following Section 403.2.2 to
read as follows:
403.2.2.1 Announcements. In all A-2 Use Group occupancies,
or in any occupancy as deemed necessary by the Fire Official, at the
beginning of each performance, the house lights shall be turned on
and an audible announcement shall be made not more than 10 minutes
prior to the start of each program notifying each and every occupant
of the location of all the exits to be used in the event of a fire
or other emergency.
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(17)
Section 503.1.4 shall be added following Section 503.1.3 to
read as follows:
503.1.4 Installation. All fire apparatus access
roads shall be installed before new construction of a building or
structure is started. Apparatus access roads must meet the requirements
of Section 503.
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(18)
Section 503.2.4 shall be amended to read as follows:
503.2.4 Turning radius. All turns in fire lanes
shall be constructed with a minimum radius of at least 50 feet at
the outside edge or back of curbline, and the radius for the inside
edge or back of curbline shall be at least 25 feet less than the outside
radius provided.
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(19)
Section 503.3.1 shall be added following Section 503.3 to read
as follows:
503.3.1 Posting. All fire apparatus access roads
shall be conspicuously posted on both sides of the fire apparatus
access roads with "No Parking Fire Lane" signs, which shall conform
to the Michigan Manual of Uniform Traffic Control Devices, and as
prescribed by the Fire Official. Signs shall be erected no further
than 75 feet apart in all areas designated as fire lanes.
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(20)
Section 503.4.2 shall be added following Section 503.4.1 to
read as follows:
503.4.2 Authority to remove obstructions. If any
vehicle, trailer, or other object is located within a fire apparatus
access road during a fire emergency or alarm or any other time when
use of the fire lane is necessary, any Royal Oak police officer or
member of the Royal Oak Fire Department may move or cause the same
to be moved, by any means reasonably available, without liability
for any damages sustained to said vehicle.
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(21)
Section 505.1.1 shall be added following Section 505.1 to read
as follows:
505.1.1 Street numbers. All commercial and multifamily
premises shall bear a distinctive number on the front and at the rear
of the entrance and exit of said premises in accordance with and as
designated upon the street map on file in the Planning Department.
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(22)
Section 507.5.1.2 shall be added following Section 507.5.1 to
read as follows:
507.5.1.2 Fire hydrants required on private property. All such fire hydrants must meet the standards of the National Board
of Fire Underwriters, and must be connected to a water main having
a diameter of six inches or greater. The four-hundred-foot distance
specified herein shall be measured along the route that a fire hose
would be stretched, vertically and/or horizontally to fight a fire
in such a building. No occupancy permit shall be issued permitting
occupancy of any such building until such fire hydrant or hydrants
have been installed. In the case of any building in existence on the
date this section becomes effective, such building shall be made to
comply with the provisions of this section within six months of said
effective date. It shall be unlawful for any person to cause any building
to be occupied contrary to the provisions of this section or to fail
to install any fire hydrant or hydrants required by the provision
of this section. There are no exceptions to the four-hundred-foot
provision of Section 507.5.1.
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(23)
Section 507.5.1.3 shall be added following Section 507.5.1.2
to read as follows:
507.5.1.3 Special locations. Additional fire hydrants
may be required and located closer than the spacing required for high
hazard classifications.
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(24)
Section 507.5.1.4 shall be added following Section 507.5.1.3
to read as follows:
507.5.1.4 Access. Access to fire hydrants shall
be by any approved roadway as specified by this code.
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(25)
Section 507.5.1.5 shall be added following Section 507.5.1.4
to read as follows:
507.5.1.5 Pumper outlet direction. Each hydrant
shall have the pumper (steamer) connection facing the primary roadway
and shall be accessible so that a connection can be made between the
hydrant and the apparatus located in the street with 20 feet of suction
hose.
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(26)
Section 507.5.1.6 shall be added following Section 507.5.1.5
to read as follows:
507.5.1.6 Hydrant outlet location. Fire hydrant
outlets shall be a minimum of 18 inches and no more than 36 inches
above the finished grade.
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(27)
Section 507.5.1.7 shall be added following Section 507.5.1.6
to read as follows:
507.5.1.7 Unauthorized use of hydrants. A person
shall not use or operate any fire hydrant intended for use of the
Fire Department for fire suppression purposes, unless such person
first obtains permission and secures a permit for such use from the
Fire Official. This section shall not apply to the use of such hydrants
by persons who are authorized to use City of Royal Oak fire hydrants,
as authorized and/or permitted by the Fire Official or authority having
jurisdiction.
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(28)
Section 507.5.4.1 shall be added following Section 507.5.4 to
read as follows:
507.5.4.1 Blocking fire hydrants and Fire Department connections. It shall be unlawful to obscure from view, damage, deface, obstruct
or restrict the access to any fire hydrant or Fire Department connection
used for the pressurization of fire suppression systems, including
fire hydrants and Fire Department connections that are located on
public or private streets and access lanes, or on private property.
No parking shall be permitted and/or no obstruction shall be placed
or constructed within 15 feet of any fire hydrant or Fire Department
connection, public or private. If, upon the expiration of time mentioned
in a notice of violation, obstructions or encroachments are not removed,
the Fire Official shall proceed to remove the same. The expense incurred
shall be a debt to the City from the responsible person, and, if necessary,
the legal authority of the municipality shall institute appropriate
action for recovering such costs.
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(29)
Section 603.8 shall be amended to read as follows:
603.8. Incinerators. The use of, or operations
of any incinerator within the City of Royal Oak shall be prohibited
at any time.
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(30)
Section 609.3.5 shall be added following Section 609.3.4 to
read as follows:
609.3.5 Makeup air shutdown. Upon activation (either
manually or automatically) of the kitchen fire suppression system,
the makeup air supplied internally to a hood shall be shut off and
the exhaust system shall remain on.
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(31)
Section 801.2 shall be added following Section 801.1 to read
as follows:
801.2 Explosive or highly flammable or combustible materials. Furnishings or decorations of an explosive or highly flammable or
combustible character shall not be used.
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(32)
Section 806.1.1 shall be amended to read as follows:
806.1.1 Restricted occupancies. Natural cut trees
shall be prohibited in Group A, B, E, F, H, I, M, R-1, R-2, R-4, S,
and U occupancies.
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Exception: Trees located in areas protected by
an approved automatic fire sprinkler system installed in accordance
with Section 903.3.1.1 or 903.3.1.2 shall not be prohibited in Groups
A, B, E, F, M, R-1, R-2, S and U.
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(33)
Section 903.2.7.2 shall be added following Section 903.2.7.1
to read as follows:
903.2.7.2. Basements. All basement storage areas
in buildings of Use Group M shall be sprinklered at the direction
of the Fire Official.
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(34)
Section 903.2.8.5 shall be added following Section 903.2.8.4
to read as follows:
903.2.8.5. Basements. All basement storage areas
in buildings of Use Group R-2 shall be sprinklered at the direction
of Fire Official. In the event that individual storage areas are not
afforded or provided for, and storage occupies the open and common
area of the basement, the entire basement shall be sprinklered.
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(35)
Section 903.2.11.3 shall be amended to read as follows:
903.2.11.3 Buildings more than 30 feet (9,144 mm) in height. An automatic sprinkler system shall be installed throughout a building
that has a floor level which has an occupant load of 30 or more occupants
and which is located 30 feet (9,144 mm) or more above the lowest level
of Fire Department vehicle access.
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Exceptions:
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1.
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Open parking structures.
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2.
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Occupancies in Group F-2.
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(36)
Section 903.3.5 shall be amended to read as follows:
903.3.5 Water supplies. Water supplies for automatic
sprinkler systems shall comply with this section and the standards
referenced in Section 903.3.1. The potable water supply shall be protected
against backflow in accordance with the requirements of this section
and the current Michigan Plumbing Code. Double detector check assemblies
shall be permitted, provided that they are capable of accommodating
metered bypass requirements. No RPZ (reduced pressure) assemblies
are permitted within the City of Royal Oak, except by permission of
the Fire Official.
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(37)
Section 903.4.2.1 shall be added following Section 903.4.2 to
read as follows:
903.4.2.1 Fire Department connections - audible/visual
alarms. A low voltage weatherproof combination audible/visual
alarm with a minimum rating of 110 cd shall be connected to the sprinkler
flow switch and mounted on the exterior wall above the Fire Department
connection and shall be a component of the fire alarm system.
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(38)
Section 904.12.6.4 shall be added following Section 904.12.6.3
to read as follows:
904.12.6.4 Cleaning schedule. When a cleaning schedule
is not on file, the Fire Official may require a cleaning schedule
to be submitted indicating the method of cleaning and the time intervals
between cleaning. The frequency, type, and amount of cleaning may
be determined by the Fire Official depending upon the accumulation
of grease build-up.
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(39)
Section 906.3.1.1 shall be added following Section 906.3.1 to
read as follows:
906.3.1.1 Distribution. In use groups of R1 and
R2 occupancies, a minimum of one 2A 10BC extinguisher shall be provided
for every four dwelling units, and shall be accessible to residents
of each dwelling unit. Extinguishers shall be tested by an approved,
certified company on an annual basis.
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(40)
Section 907.2.11.2.1 shall be added following 907.2.11.2 to
read as follows:
907.2.11.2.1. Location. Single or multiple-station
smoke alarms shall be installed and maintained in corridors, hallways,
and all common areas of occupancies in Use Groups R-2 and R-3.
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(41)
Section 907.4.2.4 shall be amended to read as follows:
907.4.2.4 Signs. Where fire alarm systems are not
monitored by a supervising station, an approved permanent sign that
reads: "THIS ALARM DOES NOT NOTIFY THE FIRE DEPARTMENT - TO REPORT
A FIRE DIAL 911" shall be installed adjacent to each manual fire alarm
box.
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(42)
Section 908.8 shall be added following Section 908.7 to read
as follows:
908.8 Monitoring. Where a building fire alarm system
is installed, emergency alarm systems shall be monitored by the building
fire alarm system in accordance with NFPA 72.
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(43)
Section 912.1.1 shall be added following Section 912.1 to read
as follows:
912.1.1 Interconnection. Where buildings or structures
are equipped with two or more separate automatic fire sprinkler systems
and/or two or more separate Fire Department sprinkler connections
for such systems, the Fire Department connections shall be used to
supply either sprinkler system.
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(44)
Section 912.2.1 shall be amended to read as follows:
912.2.1. Visible location. In any building or structure
required to be equipped with a Fire Department connection, the connection
shall be located within 100 feet of a fire hydrant. The one-hundred-foot
distance shall be measured along the route that a fire hose would
be stretched, vertically and/or horizontally, to fight a fire in such
a building. Fire department connections shall be located on the street
side of buildings, fully visible and recognizable from the street
or nearest point of Fire Department vehicle access or as otherwise
approved by the Fire Official.
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(45)
Section 912.3 shall be amended to read as follows:
912.3 Fire hose threads. All required Fire Department
connections for new and modified systems shall be equipped with a
single four-inch NPT by five-inch Stortz quick connect fitting with
thirty-degree downturn.
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(46)
Section 1004.3.1 shall be added following Section 1004.3 to
read as follows:
1004.3.1 Overcrowding. A person shall not permit
overcrowding or admittance of any person beyond the approved occupant
load. The Code Official, upon finding overcrowded conditions or obstructions
in aisles, passageways or other means of egress, or upon finding any
condition which constitutes a hazard to life and safety, shall cause
the occupancy, performance, presentation, spectacle or entertainment
to be stopped until such a condition or obstruction is corrected and
the addition of any further occupants prohibited until the approved
occupant load is reestablished. In the interest of life safety to
the occupants involved in overcrowding, the Code Official may also
order the immediate evacuation of the building until safe conditions
may be reestablished.
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(47)
In Section 1103.5.2, insert "System installed by December 31,
2020."
(48)
Section 2304.2.6 shall be added following Section 2304.2.5 to
read as follows:
2304.2.6 Fuel station public address systems. A
listed and approved public address system shall be installed at each
self-service station, providing the capability of two-way communication
between the fuel-dispensing area and the station attendant. The public
address system shall be maintained in an operational and functioning
condition at all times.
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(49)
Section 2801.3 shall be added following Section 2801.2 to read
as follows:
2801.3 Approval. Approval shall be obtained from
the Code Official for any facility or operation in which the storage,
manufacturing and processing of timber, lumber, plywood, veneers and
wood by-products are to be processed or stored.
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(50)
Section 3303.5.1 shall be added following Section 3303.5 to
read as follows:
3303.5.1 Clearances from combustibles. Any and
all storage of combustible material or items shall be kept a minimum
distance of 36 inches from heat producing appliances. Additional clearances
may be required if deemed necessary by the Code Official.
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(51)
Section 5601.1.3 shall be amended to read as follows:
5601.1.3 Fireworks. The possession, manufacture,
storage, sale, handling and use of fireworks are prohibited unless
in compliance with the Michigan Fireworks Law, 2011 PA 256, as amended,
or its equivalent.
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(52)
Section 5601.1.4 shall be amended to read as follows:
5601.1.4 Rocketry. The storage, handling, and use
of model and high-powered rockets shall comply with the requirements
of NFPA 1122, NFPA 1125, and NFPA 1127, and the Michigan Model Rocket
Law, 1965 PA 333, as amended, or its equivalent.
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(53)
Section 5608.2.3 shall be added following Section 5608.2.2 to
read as follows:
5608.2.3 Indoor displays. The indoor display of
fireworks, including proximate audience displays and pyrotechnic special
effects in motion picture, television, theatrical, group entertainment
productions, or for any reason, in structures, shall be prohibited
in the City of Royal Oak.
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(54)
Section 5704.2.9.7.10 shall be added following Section 5704.2.9.7.9
to read as follows:
5704.2.9.7.10 New bulk plants. No new bulk plants
for flammable liquids shall be constructed within the City of Royal
Oak, except in districts where such use is specifically permitted
under the provisions of the City of Royal Oak Zoning Ordinance, as
amended.[2]
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(55)
Section 6104.5 shall be added following Section 6104.4 to read
as follows:
6104.5 Balconies. The use or storage of Liquefied
Petroleum Gas (LPG) cylinders on balconies in Use Group R-2 and Use
Group R-3 is prohibited.
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B.
The geographic limits referred to in certain sections of the 2015
International Fire Code are hereby established as follows:
(1)
Section 5704.2.9.6.1 shall be amended to read as follows:
5704.2.9.6.1 Locations where aboveground tanks are prohibited. Storage of Class I and II liquids in aboveground tanks outside of buildings is allowed only in General Industrial Zones as defined by the City of Royal Oak Zoning Ordinance, No. 2001-9, § 770-44.
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(2)
Section 5706.2.4.4 shall be amended to read as follows:
5706.2.4.4 Locations where aboveground tanks are prohibited. Storage of Class I and II liquids in aboveground tanks is allowed only in General Industrial Zones as defined by the City of Royal Oak Zoning Ordinance, No. 2001-9, § 770-44.
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(3)
Section 5806.2 shall be amended to read as follows:
5806.2 Limitations. Storage of flammable cryogenic liquids in stationary containers outside of buildings is allowed only in General Industrial Zones as defined by the City of Royal Oak Zoning Ordinance, No. 2001-9, § 770-44.
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(4)
Section 6104.2 shall be amended to read as follows:
Maximum capacity within established limits. For the protection of heavily populated or congested areas, the storage of liquefied petroleum gas is allowed only in General Industrial Zones as defined by the City of Royal Oak Zoning Ordinance, No. 2001-9, § 770-44 and the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons (7,570 liters).
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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:
A.
Authority at fires and other emergencies.
(1)
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.
(2)
Police or fire officials. A police or fire official, depending on
who is in charge of a particular emergency situation:
(a)
May prohibit any person, vehicle, or object from approaching
the scene; and
(b)
May remove or cause to be removed from the scene any person,
vehicle, or object approaching the scene; and
(c)
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.
(3)
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.
B.
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.
C.
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.
D.
Authorized emergency vehicles/equipment.
(1)
Defined. Authorized emergency vehicles shall be restricted to those
which are defined and authorized under the laws of the State of Michigan.
(2)
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.
(3)
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.
(4)
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.
E.
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.
F.
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.
G.
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.
A.
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.
B.
DANGEROUS OR HAZARDOUS SUBSTANCES OR MATERIALS
EMERGENCY RESPONSE
ENVIRONMENTAL CLEANUP
EXPENSE OF EMERGENCY RESPONSE
PERSON
PUBLIC PROPERTY
RELEVANT ENVIRONMENTAL LAWS
(1)
(2)
(3)
(4)
UTILITY EMERGENCY
Definitions. For the purpose of this section, the words and phrases
listed below shall have the following meanings:
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.
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.
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.
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.
Real and/or personal property of a governmental entity.
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:
The installation, existence, or removal of, or exposure to asbestos
on the property;
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;
The existence, manufacture, treatment, storage, use, release,
disposal, discharge, manufacture, remedy, or removal of hazardous
materials at, to or from the property; and
The effects on the environment of the property or of any activity
now, previously, or hereafter conducted on the property.
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.
C.
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:
(1)
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.
(2)
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
(3)
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.
D.
Presumption of liability.
(1)
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.
(2)
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.
(3)
Any individual who is the subject of an emergency response by the
City shall be presumed liable for the expenses of said emergency response.
(4)
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.
(5)
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.
E.
Recovery of expenses of emergency response.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
F.
Dangerous or hazardous substances/materials liability.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
In addition, the City shall have any other remedy available to the
City by law.
G.
Hazardous materials; arson fires.
(1)
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:
(a)
Hazardous materials.
(b)
Fires that are a direct result of an incendiary act.
(c)
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.
(2)
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.
H.
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.
A.
Defined. "Open burning" means burning that is not contained in a
vessel designed to contain fire.
B.
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.
C.
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.
D.
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.
E.
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.