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HomeMy WebLinkAbout2022-04-25 22-165 ORDINANCE22-165 04-25-2022 CITY COUNCIL ACTION Council Meeting Date: April 25, 2022 Item No: 22-165 Responsible Dept: Code Action Requested: Ordinance Map/Lot: N/A Title, Ordinance Amending Chapter 116, Fire Prevention, to Allow for Automatic Updating of the National Fire Protection Code as Adopted by the State of Maine Summary The State of Maine, under the Office of State Fire Marshal, has adopted the 2018 edition of NFPA #1, Uniform Fire Code, as the state's fire prevention code, with certain amendments. The City, however, is using the 2006 edition of NFPA #1, Uniform Fire Code, with certain amendments, as the City's fire prevention code. As a result, two separate fire prevention codes are being enforced, the City's being significantly out of date. Significant changes captured in the 2018 edition include updated standards for photovoltaic installations, biomass, energy storage systems, mobile and temporary cooking equipment including food trucks, and marijuana growing, processing, and extraction facilities, and other such industries that have evolved significantly since 2006. This ordinance amendment would adopt the most recent version of the National Fire Protection Association Uniform Fire Code (NFPA 1), 2018 edition, as adopted by the State of Maine, as the City's fire prevention code, and would keep the City's version of NFPA 1 in line with the version adopted by the State of Maine in the future. Committee Action Committee: Business and Economic Development Action: Recommended for passage Staff Comments & Approvals — P� �, /a, �, L City Manager Introduced for: First Reading Meeting Date: April 19, 2022 For: 3 ,W*— City Solicitor Against: 0 LLJ,,�, za"L�) Finance Director 22-165 04-25-2022 CITY COUNCIL ORDINANCE Date: April 25, 2022 Assigned to Councilor: Schaefer ORDINANCE, Amending Chapter 116, Fire Prevention, to Allow for Automatic Updating of the National Fire Protection Code WHEREAS, at present, the City is using the 2006 edition of the National Fire Protection Association Uniform Fire Code; WHEREAS, it is in the City's best interest to ensure that the City's fire prevention standards are in line with the State's: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 116 of the Code of the City of Bangor is amended as follows: v4saaff-M. the -.nal Fire PreteEtwan AssE)E;;;4:MRr; the Uniform Fire Co e esi nated as "NFPA 1" and r)ublished bv the adopted as the Fire Prevention Code of the City of Bangor. A copy of said code shall be kept on file in the office of the Clerk of the City of Bangor. Said code is hereby incorporated by reference as the minimum standards for safeguarding life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices and from conditions hazardous to life or property in the use or occupancy of buildings or premises. Whenever in the laws and ordinances of the City of Bangor, Maine, there is a reference to the term "Fire Code" or "Uniform Fire Code", the version of NFPA 1 adopted by the state at that time shall be the code to which said term refers. 1. 6 2° Amendments. NFPA 1, Uniform Fire Code, 2996 Editien., is adopted in its published form as if fully set forth herein, with the following amendments and exceptions: A. The following chapters are not adepted and sections shall be removed with no substitution: LU Chapter 13, Section 2.2.2; Chapter13, Section 3.2.20.1. Lu Chapter 20, Sections 2.3.5 2.4.5; 3.2.1; 4.2 6; 5.2.5.4; 6.2.6; 7.2.6; 8.2.6; 9.2.2; 10.2; and 11.2. 22-165 04-25-2022 M Chapter 65, Section 11. (See Rules of the State Fire Marshal, Chapter 25, and Title 8 M.R.S.A § 236.) L41 Chapter 66, Table(s) 66.2.3.2.1.1(a); 66.2.3.2.1.1(b); 66.2.3.2.1.4. B. Chapter 20, Section 11.1 Application. New and existing one -and two-family dwellings shall comply with Section 20.11 and NFPA 101. Chapter 24, Section 3.5.1, of NFPA 101 shall not be incorporated in this rule. Chagter 13, Section 3.2.3 shall be amended to read as follows: lim I UN7.01"T'NOTErl Irl I votected throughout by a[mroved and supervised automatic sprinkler systems. 1.6 3 Cooking eguipment used in fixed, mobile, or temporary concessions. Added 5 .8 201.3 by Oird No J. 7 1.45 A. Cooking equipment used in fixed, mobile, or temporary concessions, such as trucks, buses, and trailers, shall comply with NFPA 96: Standard for Ventilation Control and Fire Protection of Commercial Cooking Operation, NFPA 54: National Fuel Gas Code, NFPA 58: Liquefied Petroleum Gas Code, and NFPA 70: National Electric Code, all as adopted by the State of Maine. B. Tents and canopies that are for a temporary use as deemed by the authority having jurisdiction are not required to have an automatic fire -suppression system. C. Fabric enclosures, including tents and canopies, must have been treated or manufactured to be flame resistant. A label certifying that this requirement has been met must be attached to the enclosure. Fabric enclosures must be secured to resist wind. D. All piping, tanks and equipment for fuel shall comply with the current adopted editions of NFPA 54: National Fuel Gas Code and NFPA 58: Liquefied Petroleum Gas Code as adopted by the State of Maine. E. No combustible enclosures are allowed above or near cooking equipment. The ground under a tent that houses cooking equipment and within 10 feet of such a tent must be clear of combustible vegetation. Cooking and any heat -producing equipment must be located a safe distance away from combustibles. F. All internal or external wiring and connections for all types of concessions, whether fixed, mobile or temporary, shall comply with NFPA 70 the National Electric Code as adopted by the State of Maine. 22-165 04-25-2022 G. Each vendor will have on site a portable fire extinguisher that has a current inspection tag affixed. The minimum size extinguisher required is a dry chemical rated 2A 10 C. H. For those vendors that will be cooking with meats, grease, oils or fat who have a fire -suppression system complying with NFPA 96, a Type K portable kitchen fire extinguisher sufficient in size to extinguish a fire is required. This requirement is in addition to the requirement for a 2A 10 BC dry chemical fire extinguisher. 1. For those vendors that fall under Subsection B of this section that will be cooking with meats, grease, oils or fat who do not have a suppression system complying with NFPA 96, one Class K extinguisher per deep fryer, plus one Class K extinguisher for the first non -deep fryer appliance such as a char broiler or grill, plus one Class K extinguisher for every two additional non -deep fryer appliances such as char broilers or grills, is required. This requirement is in addition to the requirement for a 2A 10 BC dry chemical fire extinguisher. I Food vendors who burn wood or other solid fuel for their on -site cooking must store all wood or other solid fuel in an area planned for the express purpose of preventing the spread of fire which could be caused by sparks or embers. Any cooking appliance using wood for fuel shall have a spark arrester in place to minimize the passage of airborne sparks and embers. A heavy metal container or cart with a cover shall be provided for the safe storage and removal of ash and other debris. For any outdoor burning in an outdoor fireplace, portable fire bowl, chiminea, or recreational fire, whether or not a permit is required, the person keeping the fire shall be subject to the following rules: A. A responsible person shall be present at all times. B. The smoke shall not be such as to create a public nuisance. C. A method of extinguishment, such as a fire extinguisher or garden hose, shall be available at all times, and all embers and hot ashes shall be extinguished and removed or wet down at the close of the fire. Q. Outdoor burning is allowed only if winds are not greater than 10 miles per hour and the State Forest Division has classified the fire danger at a Class One or Class Two. E. There shall be no burning of trash; household garbage; cardboard; plastic; foam construction material or debris; coated, painted or pressure -treated wood; plywood; particle board or wood with glue on it; or wet, rotted, diseased or moldy wood or leaves. F. For outdoor burning on public property or private property belonging to another, the person responsible for the burning shall provide evidence that the appropriate government agency, property owner or property owner's agent has given permission for the outdoor burning. G. 22-165 04-25-2022 Recreational fires shall be in a pit or tire ring less than three feet in diameter and with material piled less than two feet in height. H. Recreational fires shall be maintained at a safe distance, as determined by the Fire Chief, or his designee, from combustible materials, including trees, decks, buildings, fences, and awnings, and from property lines. Mili�-RGM =SKI =-1 11MM1197M No person shall use a gasoline blow torch or other open flame device for purposes of removing paint from any 'suilding or structure located in the City of Bangor. J 1, 6 Unvented fuel -fired heaters. 1111101TIrt 1111ni lorrilun viii!ii roilin 351" l..: Kr CY 1.. 1.6 7 Violations and penalties. . . ...... ......................................... A. Any person who is found to be in violation of any provision or requirement of this chapter shall be subject to a civil penalty as set forth in 30-A M.R.S.A. § 4452. Each violation of a separate provision or requirement, and each day of violation, shall constitute a separate offense. The Fire Chief of the City of Bangor Fire Department, or his designee, may deny an open burning permit to anyone who has violated any provision of the preceding sections of this article. B. If, in response to a complaint, a member of the Bangor Fire Department determines in his discretion that in the interest of public safety it is appropriate to revoke an open burning permit he may do so immediately. In such event, he shall notify the Fire Chief of the City of Bangor Fire Department and the Fire Chief, or his designee, shall review the revocation of the open burning permit and make a determination whether such revocation was appropriate. Additions are underlined, deletions struek threugh. IN CITY COUNCIL APRIL 25, 2022 COrd 22-165 First Reading CITY CLERK IN CITY COUNCIL MAY 9, 2022 COrd 22-165 Motion made and seconded for Passage Vote: 7 – 0 Councilors Voting Yes: Davitt, Okafor, Schaefer, Sprague, Tremble, Yacoubagha, Fournier Passed CITY CLERK