The URL can be used to link to this page

Home My WebLink About2015-09-14 15-307 ORDINANCECOUNCIL ACTION Item No. 15-307 Date: September 14, 2015 Item/Subject: ORDINANCE, Amending Chapter 116, Fire Prevention Code, of the Code of the City of Bangor, By Adopting NFPA 1, Uniform Fire Code, 2006 Edition Responsible Department: Fire Prevention Commentary: This ordinance amendment would replace the City's current, obsolete fire prevention code with a more up-to-date code. The fire prevention code currently adopted in the City Code is the BOCA National Fire Prevention Code of 1987. This code is out of date, being almost 30 years old. The proposed ordinance amendment would adopt the 2006 version of NFPA 1, the version presently adopted by the State of Maine. Several chapters and tables are excluded in order to conform to the State's similar exclusions. Finally, penalties are amended to bring the chapter in line with other City ordinances. Manager's Comments: Associated Information: Ordinance Budget Approval: Legal Approval: Introduced for Department Head Finance Director W.Iie42I In,, Passage x First Reading x Referral to the Government Operations Committee meeting on September 21, 2015 15-1307 SEPTEMBER 14, 2015 Assigned to Councilor Plourde CITY OF BANGOR ORDINANCE, Amending Chapter 116, Fire Prevention Code, of the Code of the City of Bangor, By Adopting NFPA 1, Uniform Fire Code, 2006 Edition WHEREAS, the City Code currently recognizes the BOCA National Fire Prevention Code of 1987 as its Fre Prevention Code; WHEREAS, said Code is out of date; and WHEREAS, the 2006 version of the National Fre Protection Association's NFPA 1 is the fire prevention code currently adopted by the State of Maine; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 116, Section 116-1 of the Code of the City of Bangor be amended as follows: § 116-1. Fire Prevention Code adopted. In accordance with 30-A M.R.S.A. § 3003, as amended, the BOGA Natienal Fire Preventien Cede, Seventh Edition, , NFPA 1 Uniform Fre Code 2006 edition as published by the Building Official and Code Admin-stfaters Internatienal, . National Fre Protection Association, is hereby adopted as the Fire Prevention Code of the City of Bangor, and now aFe filed in the effice of the Gerk ef the Gity of Ban . 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. AND THAT Chapter 116, Section 116-2 of the Code of the City of Bangor be deleted and replaced with the following: § 116-2. Amendments. NFPA 1, Uniform Fire Code, 2006 Edition, is adopted in its published form as if fully set forth herein, with the following amendments and exceptions: A. The following chapters are not adopted: (1) Chapter 13, Section 2.2.2. Z52-307 SEPTEMBER 14, 2015 (2) Chapter 20, Sections: 2.3.5; 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. (3) Chapter 65, Section 11 (see Rules of the State Fire Marshal, Chapter 25 & Title 8 M.R.S.A §236). (4) 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 shall be amended to read as follows: Chapter 20, Section 11.1 Application. New and existing one -and two-family dwellings shall comply with Section 20.11 and NFRA 101. Chapter 24, Section 3.5.1 of NFRA 101 shall not be incorporated in this rule. AND THAT Chapter 116, Sections 116-3 through 116-6 be amended as follows: § 116-4. Rules for open burning. 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. D. 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. M9 Is P1072 1 MINIT-I - - - - - § 116-4. Rules for open burning. 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. D. 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--1: 1: 307 SEPTEMBER 14, 2015 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. 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. § 116-5. Burning of paint from buildings. No person shall use a gasoline blow torch or other open flame device for purposes of removing paint from any building or structure located in the City of Bangor. § 116-6. Violations and penalties. A. pmyided fer shall be punished by a fine of not less than $250 feF each effiense. Eaeh day shall . 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 stfuck thmuo. IN CITY COUNCIL SEPTEMBER 14, 2015 FIRST READING AND REFERRAL TO GOVERNMENT OPERATIONS COMMITTEE MEET G OF SEPTEMBER 21, 2015 CITY CLERK IN CITY COUNCIL SEPTEMBER 28, 2015 MOTION MADE AND SECONDED FOR PASSAGE V0TE:8-0 COUNCILORS VOTING YES: BALDACCI, CIVIELLO, FAIRCLOTH, GRAHAM, NEALLEY PLOURDE, SPRAGUE, DURGIN COUNCILORS VOTING NO: NONE PAS S 'D CITY CLERK