HomeMy WebLinkAbout1986-09-08 86-364 ORDINANCEInco =m E Co-amila Cox, Saptem0az 8, 1986
CITY OF BANGOR
(TITl6) MrbhtanriE Amin4_ub,Pt€x. ssxx,._naaactva AYklpd.e..15 ...............
&ito is by Cft Coaaeif of W My of Bao ,"fo s:
In City Council September 8,1986
raferedto code ami ordinsnee
co mittee consider next meeting
ty lark
5+ 86-364
ONOINANCE
( TITU,) Avmnding Cbpt VIM Adopting
In City Council September 22,1986
refered to code and ordinance
co mittee consider next regalar
meeting -
City Clerk
In City Cwnall October 15,1986
Passed Vote 9 les
voting yes Broan,Cox,frankal,
Iebomitz,Me Cart1w,S llivan,Tlllsy,
Wlmeler,Wille/y
dty Lvrx
86-364
Introduced by Councilor cox, ssptember fl, 19s6
CITY OF BANGOR
QITLE.) Vtlr}Er,........._!.:nd"'9 chapte_vn, xbpevg. Atvcle 16
._._ _.
Solid t»t stoves
By the My Coward of the City ofBmger:
ORDERED,
THAT
Ch. VII; Art. 16
Sec. 1.1-1.4(C)(a)
SOLID FUEL SIOVFS
Sec. 1.1 FURWSE - The purpose of this Ordinance is to protect the lives
and property of the citizens of the City of Seager frau fire
hazards incident to the improper construction and installation
of solid fuel stoves.
Sec. 1.2 No person shall install any solid fuel stove in any Wilding
or structure within the City of Bangor without first filing an
application with the Code Fllformrent and Fire Prevention Office
in writing end obtaining the required permit therefor. The app-
lication for a solid fuel stove Permit shall be submitted in such
form as the Department may prescribe, and shall be acca,pani.ed by
a $5.00 fee for each solid fuel stove installed. A y permit
issued under this section shall become invalid if the authorized
work is rant cmplated within (1), year from the date the pemdt is
issuad.
Sec. 1.3 MSNIMIM R=1R@h'N1'S. FOR WLID FIM S10V6 ESTABLi51® - All solid
fuel stoves within the City of Bangor shall conform to the require -
mantis of this Chapter. Such Iaryirements shall be minimum require-
ments only and shall not be construed otherwise, nor shall they
displace stricter requiravents prescribed by other provisions of
the State Statutes or regulations, Municipal Ccae or stricter
YNa,a�'dti011s of a manufacturer, which said stricter raduiIaresN'
shall control; Provided, heaver, that a solid fuel stove or access-
ory thereto vhich is approved and listed by underwriter's LaWratories,
Inc., Factory Mutual System, Or Energy Testing IaMratory Of Maine,
Southern Maine Vocational Technical Institute, and which is installed
in accordance with the conditions of its listing shall W deep 1 to
comply with the reguirrnents of this Chapter; provided further, that
the Director Of Code Enfo[careat and Fire Prevention may approve the
use of substitute materials and accessories which alual or excea3
the safety staMards established by this Chapter and prey establish
specifications for such materials and accessories.
Sec. 1.4 The following definitions shell apply unless the context clearly
indicates another mearung:
A. Director of Code tTforevrent shall man the Director of Code
Enforcement and Fire Prevention of the City of Bangor or his
authorized representative.
S. Combustible Material. Material made of on surfaced with
coed, Ca,Pressed paper, Plant fibers, Plastics, or other
material that will ignite end burn, whether klameprcofed or
not, or Mather Plastered or unplasterad.
C. Fireplace. A hearth, fire chmdoer, or sindlarly prepared
place and a chimney.
a. Factory -Built Fireplace. A fireplace crnposed of
listed factory -built components assembled in accordance
with the terms of listing to form the completed fireplace.
Ch. VII; Art. 16
Sec. 1A(C)(b) - (L)(a)
b. Masonry Fireplace. A hearth and fire'.chamber
of solid masa¢y, units such as bricks, stores,
listed nasonry, units, or reinforced concrete,
provided with a suitable chimney.
D. Fireplace Insert. A factory -built field -installed prcd-
net consisting of a finders asseibly designed to be in-
stalled within or partially within the fire clamber of a
fireplace which uses tine fireplace flue to vent the
Products of canbvstior.
E. Floor Protector. Nonco bustible surfacing applied to
the floor area umdemeath and extending in front, to the
aides and to the rase of a heat Producing applianre.
F. Flue. The general term for a passage through which
flue gases [ass fran one eabustion chamber to the outer
G. Install shall mean to set or place in position and connect
for use, whether or not in conformance with the requireirents
of this C apter.
H. N a shall mean to National Fire Protection Association.
LAPPA publications shall be designated by the initials "I A"
followed by tie number, title andl edition year of the Vu
lication.
I. Occupant shall mean any person, including an censer, who has
actual possession of any premises.
J. Dwner shall scan any person who alone, jointly, severally,
or jointly arca severally with others
Ill- Has legal or record title to, or the charge, rare or
control of any, Premises; or
(2) Has an equitable interest in any premises including,
but net limited to, a contract or a bond for a deli
with the person having legal or record title.
K. Person shall asap any individual, firm, co{ ration,
partnership, comany, association, or trust.
L. Rttm Heater. Aself-contained, freestanding air -heating
appliance intended for installation in the space being heatal
and not intended for duct motion.
a. Room Hester, Circulating. A roue heater with an outer
jacket surrounding toe Mat exchange[ arranged with
openings at top and bottem an that air circulates be-
tween the heat exchange and the outer jacket. Roan
heaters which have openings in an cuter jacket to
permit sone direct radiation from the heat exchanger
are classified as radiant type.
Ch. VII; Art. 16
Sec. 1.4(C)(b) - 1,7(A)
b. Roan Heater, Fireplace Stove, 6Fbiaetion. A
chi�mley�venMed, solid fuel homing roan
heater which is designed to be operates with the
fire chamber either open or closed.
c. Rmn Heater, Radiant. A ream heater designed to
transfer heat prfnarily by direct radiation.
d. Roan Heater, Solid Fuel. A chirtney-mnr�ected.
solid fuel burning roan heater which is designed
to be operated with the fire chanter closed.
M. Solid fuel stove shall mean any appliance desigmd or used to
burn wood, coal or any other solid fuel natter for the purpose
of heating or corking,
Sec. 1.5. REPRC90C M A ItYDRFORA CV OF ry A P ICATICM - NFPA
Publications or parts thereof reproduced and incorporated
herein are copyrighted. the reproductive or iavrporation of
such doavre is or parts thereof herein shall not constitute
permission to reproduce or reprint any such doamant or part
thereof; Provided, hwrever, that any parson may reproduce this
Chapter or any section or subsection thereof.
Sec. 1.6 SOLID FUEL SI WE WISfRUCfIw - Etery, solid fuel stove $l ll be
SO constructed and maintained as to be capableof containing the
ambustion of solid fuel, preventing the spread of fire to
surrounding areas aryl safely exhausting flue gases.
Sec. 1.7 FOR SOLID FUEL STPJFS
(A) FpPMAL CIFAFN4CE6 - Clearances between solid fuel stoves and
caWustible neterials shall Im as set forth in the following
table.
Table 1. Installation Clearances, Inches, for Solid Fuel
Appliances.
Above tap Fran Fran Ran
of casing front rear sides
APPLIAM.^E or stove
Radiant type 36 36 36 36
Air circulating type 36 24 12 12
Range or cocking Firing OPP.
stove, clay 1� side side
£irepot 30 -- 24 24 18
Range or cooking
stove, unlined
firepot 30 -- 36 36 18
Ch. VII; ArY 16
(b) ccenaAlS4s w11x seE FIEF MW OF M(=1M - me
clearances specified in Ula foregoing Utile my be
red vr] as provided in the following table, provirW,
however, Ulat in no casse shall a solid fuel stove be
so installer slat protection frau Imre than Faso
vertical sides is required.
Table 2. (NEPA on. 211, bfarl lost of Appliance Uauancb
wiU Specified form of P Iabctiw,n 1984 Mition, Table
6-](b))
fmarmse "Lltion slower 2"1" CG When the modred el .... race reach m,
mol mrsering .11 Interested, We. Powestron is ad R
the statement
noon mV�ennn 'amm,(Maed) �ua.en .n allowable Jose,..
.
le nim NlL posommam
,e send",.M,m Fkkw.W,
.ev Wall Priam, As OuRog lmnter As WellDorm 4ilie7 P,va,rn
AX - N/610 -
bry H; W455 24/610
66% NR 121305 181451
66%
-
IVbS
-
66%
50%
12/W5
16/557
66%
50%
WIDS
18149
66%
M;
ISISOs
IV457
"% 50% U/b5 18,457
Spacer, stal ros then be ad o do estate wee,k, shall he and N,Oy behnd appllaue w,oMunoe.
oWnh of o^vW, uma a.mlluN or qaa,tleMMa en,aY,ion Yell N'
25km e D � [be demeanor rNurban roman and norma b�e malb and ea4nB for
vu(bk� m m udphos Nrca Fewrom devya to For O•ps8.]ad/m•pnd ham mimmnm md,ma
.1belln5
home Fordo y 1.0(sfU1. N
it mean awi.n m a ormed col
rscrmo.w�ilnl..vr,nma
a mommay Wall Fred! a, a won m.le. d e.,nor be a, leas µIn. F Ford OF epee,
Farmersam lamd or spar,
and the
n F25 mord hnaem Yr sodas n and the pruaroe 1n no For shall the a.raree bnm.r0, It,
renewed ie me n.bk,
al''Ckmne hi9 how star s fmrool,eb Wdiryndwe a other a, removal dar ame apptianee.nN not be M.em from rhw In Sminn
k05 mrd tmmappsaand hr,knessans, sea,mo oras .pe asranev am theorems are atepr e. Clannesa art mei m be lav
,has 12 n 0
ommi.mme....mom tlbaabk tonna the blowing kwon may all-RAOF,O lry
..abl, tlennnq.I mo rcemnd 11mmem+11eFarmers .. aM R r rhe manmom . was actFon to
eebro smums 6. In vN 8 -logo or miter womad Fireman. ..Is nob dal rhraogn dols
Ch. VII; Art. 16
Sec. 1.8 - 1.10(H)
Sec. 1.8 MOR PROB UON - No solid fuel -stove stall be installed
do a floor made of Or COVerod by ambustible material
unless a clearance of at least 6 inches of open space
between the fire box of the stove and the floor or floor
covering is provided and the stove is Wonted on:
a. No. 24 gauge or thicker sheet metal over closely
spaced solid masonry units not less than 2 inches
in thickness.
which entirely covers the floor under the stove and extends
out at least 18 inches beyond the stone at the front or sides
from winch ashes are raroved and at least 6 inches on other
sides.
Sec. 1.9 CHIMN yS
A. CHIMNEY REQUIRED - Solid fuel stoves shall to venial only
through masonry chinmeys or through factory -built chim-
neys which are listed by Underwriters' IaWratory, Inc.,
Factory Mutual System, or the Energy Testing Iaburatory of
Maine and which are installed fn accordance with the con-
ditions of their listing.
8. CLFANyJC OPFRINIs P.D?D IN M4s"y mImmaS - Masonry
chfmmeys shall have cleanout openings at their bases which
shall he equipped with iron doors and frames.
C. LINING REQUIRED IN MANY CH� - SXCEpfION - Masonry
chinmeys shall be lined with 5/8 inch thick fireclay flue
lining or the equivalent Mich shall attend the entire
height of the chimley frau the top of the cleanout door;
Provided, that a lining shall not be required if the
clninmay is sham to the satisfaction of the Director of
Cade Hhforcamnt and Fire ltevantion to be in safe operating
Condition.
D. ChEW"JIlP S=IONS R IRED IN'PACIORY-BUILT CHIMIE'YS -
Factory -built chimneys shall be equippacn with cleanout
sections at their bases.
Hec. 1.10 SKIVE PIng
A. S1 PIPS REQUIRED; E%Cf:P M; SPDCIFI( TIONS - Unless the
chinney is attached directly thereto, every solid fuel stove
shall be Connected to a chnmey by nests of a stove pipe made
Of non-comhustible corrosion -resistant 24 gauge steel, except
that a stove pipe having an inside diameter of less than 6
inches may be node of 26 gauge steel.
B. INSIDE DIAMETER - 1Te inside diameter of a stove pipe shall
be no less than the inside diameter of the some flue collar.
M. VII; Art. 16
Sec 1.10(C) - (D)
C. fCIUML CLPNUNCE - Me clearance IaM ern a stove pipe and
the nearest crnbustible material shall be eve less than 18
inches mea urea] from the outer surface of the store pipe to
the combustible material, disregarding any protective material
applied to the combustible material, unless manufacturer
specifies otherwise.
D. CLFANSICFS WPIH SPfLIFI® EDWM1$ OF PROhX'PI(bl - Me clearance
required by Subsection C of this section nay he reduced as
provided by the following table:
Table 3. (NEPA No. 211, 'Startlarel for Chimneys, Fireplaces,
and Vents," 7984 Edition, Table 5-5151)
Table S,Mb1
Cnuaecbr Cleansers, Inchn, With Spveified
Form of Pmttaiaon' ! •
Try of Procession
Where dee required dominate:
with no psoran bi
m
Applied to she coLu tible
56 in. I8 in. 9 in 6 In.
material aM covering all
(914 mm) (457 mm) (229 mm)115E nun)
autism within the
distance apeeiCµd as the
lin./mm) (in./mm) (in./mm) (uterus)
required clearance with no
pmrcctkmn (See Fyon,
FS.) Thickeners am mini
(a) 0.015 in./0.550 mm (28
gage)shea meal apaced
out 1 in. (25 5 mm) I8/457 9/229 4/IO2 1/51
(b) 34 in. (N.9 mm)
thick mmnsy will spaced
one 1 in. (25.4 mm) and
adequmly tied Eat the
wall bang prosaeed. _
(See Nate 4.) 18/457 91229 4/IO2 2/51
(4) 0.047 in./0.686 mm
(PP gage) Am metal on i
n. (25.4 mm) m ncral
wool baits minfor<cd with .
wire
r equivalent spaced
w 1 in. (25.4 rand 12/30] - 5/76 1/5) 2/51
'Spacom and ties shall he of noncombustible mat ria1.
'All mahads of prediction, mime, adequate mmilvion be
tween protective mamrial and adjacent combustible walb and
cramp
-Min eral wool bills (blanket or board) shall hate a minimum
d<unr o(816 per it- (O.IP89/«) and s minimum m<bing point
of I500oF(816°C).
-if a smile wall <onnenoa pawn through the minuet wall
ohne shall be at lean y in. (M7 mm) op et irritated a,sume
hewom the connector and the mamnry.
Oh. VII; Art. 16
Sec. 1.10(E) - 2.1
E. CCM4E.T Io CHLNhY - A stove pipe W a chiimey shell
� thrcugh the chvmey all to the inner face or liner
but not beyond, and shall be firmly connote(] W the masonry.
Steve pipe thimbles usal in dismays shall be penranently
cemented in place with high is i eratore camst.
F. P� 1f@Q1GII Ff4XYi5, CQLINS, FIRE 414LI5 = FIFE
PAKPSTSO MHIEI ; REQVIRHMili15 " PASS TILGp.GH
FSRS 4IPLi5 A PARTITIIX - oe stove Pipe shall pass
N gh a floor or ceiling or throogh a fire wall or fire
partition. A stove pipe mat satisfy the clearance
requirements of subsection C a this section which passes
through a wall or partition mnstrvcWd of aooGatible
material or tie held apart from the wall by means o€.a
metal ventilated thimble not less than 12 inches lazger fn
dianeter than the stove pipe, or by a m or burned fire
clay thimble built in brickwork or equivalent fireproofing
material extending not less Lan B inches beyond all sides
Of the thimble.
G. RISE - Stove pipes shall have a rise of at least 1/4 inch
per horizontal foot from the stove to the chk�.
H. [X]Sf DIR= �W RQY =; EUPI ; SO= M EE
EIX.URELy FASTS® - Stove pipes shall melte the mast direct
connection possible ant stall W securely supported. Joints
in stove pipes stall W securely fastened.
I. WMgXT1CW 10 FLJE THROIX3I WRICR I.IX.TIANSCAL CRAFT APPISAl1'E
V - If a solid fuel store is conn ted to a flue through
which a mechanical draft appliance is else vanted, the solid
fuel stove shall W coneseled W the flue above na point of
correction of the mechanical draft appliance.
J. souls P slw6s Atm oIFER eunrFAc DRAFT APPLIAN3^v' t M
BE OJMg%THl To sAh4E FIIIE; �w - No solid fuel store
shall W connected to a flue to which another natural draft
appliance is connected ueless sufficient draft is available
to the stove and such other appliance for safe combustion
and removal of combustion products to the outdoors. The
burden shall be upon the owner or occupant to establish that
the rc uirerent of this subsection has been satisfied.
Sec. 2.1 IWBP I=
The Cade Enforcarent Dep rUrent shall have the auL ity
upon proper identification and at any reasonable titre, W enter any
premises within the City of Bangor in order W determine whether
any solid fuel stove installed therein or installation Of sero
stove complies with the requirements of nus chapter or whether
n order of the Cade Wfornnent Department made Pursuant W this
chapter has been obeyed. In cases where the occupant of the
premises denies entry, the Code Enforcement Department my seek
Adnd.nistrative search Warrahha in accordance with the general law
pertaining to such warrants.
Ch. VII; Art. 16
Sec. 2.2 - 2.3
Sec. 2.2 IsYPICE CW DEFk TW C ITIMd; CGDER TO MPRWI; PEINSPIX.TIW
A. N ICE OF D=AVE CONDITION ANO CMER TO OJRPFZf; WIDER
PP(RIIE run OPIRA m - If, upon inspection, the Director
of (b:e Enforcement arca Fire Prevention shall determine
that a solid fuel stove or the installation of a solid
fwd stuae fails to co ply with any r reimht of this
Chapter he shall first give the owner or occupant of the
predses in which the solid fuel stove is locates a written
notice of and an order to correct the defective condition.
The order stall state a reaseable time within which the
defective condition mast be corrected. If the Director of
Cade Ehforce rent and Fire Prevention determines that the
defective condition constitutes an rnnunent fire hazard,
he shall prohibit the owner or occupant from operating the
solid fuel stove until the Director of Code Enforcement and
Fire Prevention has detemunual that the defective tradition
las been corrected. The Director of Code Enforcaimt and
Fire Prevention my take such neasure as he deers necessary
to ensure crnpliancs with such order.
B. REINSPH.TIm; El1Il1f&R ACPICN IF CVNOITICU IM WW+ECIFD -
mter the expiratim of the tion for correction of such
condition, the Director of Cade Pnforcerent and Fire
Pre ntim shall reinspect the premnses, ed, if the
condition has cot been corrected and no appeal is pending
as hereinafter providod, the Director of Cade Enforcauent
and Fire Prevention my anise such further order as he
deme advisable of take legal action with respect to the
condition.
C. ALT1HIIIfT1 WITH WEEN - An order of the Enreetor
of Cede Enforcement and Fire Prevention to correct a defective
cmdition shall he deo 3 satisfied if, in the jidgaent of
the Director of Code Enforcement and Fire Prevention, the
solid fuel stove has been disconnected and placed out of
operation in such a monher as to clearly indicatte that the
haner or creepaht has he prasmt inrention to operate the
solid fuel stove. No such solid fuel stove shall be sub-
sequently reinstallei except in ccupliance with the order of
the Director of Code Enforcwrent and Fire Prevention and all
other requirements of this Chapter. The Director of Cade
Enforcement and Fire Preventim shall order the owner or
occupant or both rot to place One solid fuel store in opera-
tion again until the Director of Code Enforoarent has been
notifiel of the intention of the user or occufan: to do so.
Sec. 2.3 APPEALS -Any person who is aggrieved by an order or decision of
the Director of Code Eaforcarent and Fire Prevention pursuant to
this chapter my appeal in writing within ton 00) days to the
Building Board of Appenls. The Building Board of Appeals my
affirm, revereaffirm m affireverse in part, or modify such order
or decision of rho Director of Coda Enforcement and Fire Prevent-
im and may permit variances frau the specific provision of Nis
Chapter in cases where the enforcement thereof would result in
M. VII; Art. 16
Sec.2.3 - 2.5
endue hardship, which is rot were vrnnic inco ience,
subject always to the rule that the Building Baird of Appeals
shall give due consideration fn the purposes of tne Chapter in
promoting fire safety. Wring the pendency of an appeal the
decision or order of the Director of Code Ehforc eat and Fire
Prevention shall la staYed, except that an order prtlubitin3 the
operation of a solid fuel stove in any case in which the Director
of Cade Enforcement ad Fire Prevention has determines that a
conditim constitutes an imminent fire hazard shall net be stay d.
Sec. 2.4 S�ILFM - If mY Part, section or clause of this chaptar
Shall be adjudged invalid for say reason, such invalidity shall
not affect the validity of the raiminio9 Portions of Nis Chapter
which can to given effect in the absence of such invalid part,
section or clause.
Sec. 2.5 PFN W
The failure or refusal of any person to Obey an order of
Director of Code Enfora3rent and Fire Preventim nade pursuant
to this chapter shall constitute a violation of this chapter,
which shall be punisher] by penalties isgased in accordance with
30 M.R.S.A. Section 4966. Each day such a violation is Px ttal
to exist, after notification by the Cade Enforcereat officer,
shall constitute a separate offense.