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result, two separate fire prevention codes are being enforced, the City's being significantly out of date.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:
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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.
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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:
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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.
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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.
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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