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HomeMy WebLinkAboutAmending Chapter 9 Fire Prevention OrdinanceORDINANCE No 6230, -77 Passed by the Common Council of the City of South Bend, Indiana_ September 26 xg 77 Attest: ' "�� K °�� �-' t l City Clerk IRENE K. GAMMON Attest: Presented by me to the Mayor of the City of South Bend, Indiana Approved and signed by September 27 A� �Jfqw'—'w r -- - of Common Council �9 7 7 City Clerk IRENE K. GAMMON ORDINANCE NO. 6230; -77 AN ORDINANCE AMENDING CHAPTER 9, GENERALLY KNOWN AS THE FIRE PREVENTION ORDINANCE, REGULATING AND SETTING STANDARDS FOR SAFEGUARDING OF 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; SETTING STANDARDS IN DETERMINING THE ACCEPTABILITY OF INSTALLATIONS OR PROCEDURES, EQUIPMENT OR MATERIALS IN THE USE OR OCCUPANCY OF BUILDINGS OR PREMISES; PROVIDING FOR A FIRE BOARD OF APPEALS; PROVIDING FOR BONFIRE, TRASH OR RUBBISH FIRES; AND PROVIDING PENALTIES. STATEMENT OF PURPOSE AND INTENT The purpose and intent of this Ordinance is to prevent fires and fire losses, and in the interest of public safety to protect life, property and adjoining property from fire or explosion, and further to bring the sections of the Municipal Code of South Bend, Indiana, dealing with such fire prevention and safety into conformity with State law as provided under I.C. 22- 11 -5 -1 et. seq.. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. Chapter 9 of the Municipal Code of the City of South Bend is deleted in its entirety and a new Chapter 9 is adopted in lieu thereof as follows: CHAPTER 9 FIRE PREVENTION ARTICLE 1. FIRE PREVENTION CODE Sec. 9 -1. Definition. As used in this Chapter, the National Fire Code, hereinafter referre dto as the NFC means the fire prevention code o the City. Sec. 9 -2. Adoption of the NFC by reference. The NFC, 1975 Edition, as promulgated by the National Fire Pro - tection`IT's—socia ion, togetner with any and all reference tnereto e a part of t171s Criapter wit?l the same force arid effect as thuu-gh set out in full herein as the official Fire Prevention Code of e City except or such changes, adcLitions or e e ions as are specs Jed in this Chapter. At least two copies of such ire reven ion o e with such amendments and supplements are on File and open For public inspection in the office of the City Clerk of South Bend. Sec. 9 -3. Fire Prevention Code (NFC): Modifications, additions and deletions. (a) The provisions of the Fire Prevention Code shall be modified, added, or deleted so that the foliowing articles, sections or subsections read as follows: (1) Section 161(b) under "Section 160. Terms" is amended to read as follows: b Authority having jurisdiction: the "authority having jurisdiction" is tlaeLuriief of e ou end Bureau of Fire, or his designate who is]epgan -1-gat-len; e -fflee; e responsible for "approving" equipment, on instaiiation, or a proce ure. words deleted ---------------- words added underlined words amending parts adopted by reference are bracketed [ ] (2) Chapter I, Volume 3, NFPA No. 30, is amended by adding a new section 14 as follows: "14. L.P. Gas. Notwithstanding any other provisions of the NFC, L.P. Gas shall not be stored, dispensed or handled in bulk within the corporate limits of the City of South Bend unless prior approval is obtained from the authority having jurisdiction. (3) Volume 9 Construction" is ame NFPA No. 20, entitled "Standard types of Build - ed by adding a new part as follows: DECORATING MATERIAL (i) Definition. Decorative material shall include all such materials as curtains, draperies, streamers, surface coverings applied -over the building interior finish for de- corative, acoustical or.other effect, and also cloth, cotton batting, straw, vines, leaves, trees and moss used for de- corative effect, but it shall not include floor coverinas. ordinary window shades, nor materials one of an inch or less in thickness applied d tightly to a noncombustible base. 28) (ii) Treated Materials. No decorative material shall be used which as applied will ignite and allow flame to spread over the surface when exposed to a match flame test applied to a piece removed from the material and tested in a safe place. The piece shall be held in a vertical position and the bottom edge exposed to a flame from a common match held in a horizontal position, one half (1/2) inch underneath the piece, and at a constant location for a minimum of fifteen (15) seconds. iii) Renewal of Treatment. Treatments used to accomplish his flameproofing shall be renewed as often as may be neces- to maintain the flameproof effect. (iv) Flammable. Decorative Materials in Buildings of Mercan- tile and Institutional Occupancy. Hiqhlv flammable materials such as cotton batting, straw, dry vines, leaves, trees, artificial flowers or shrubbery and foam plastic materials shall not be used for decorative purposes in show windows or other parts of mercantile and institutional occupancies unless flameproofed. Electric light bulbs in mercantile and in- stitutional occupancies shall not be decorated with paper or other combustible materials unless such materials shall first have been rendered flameproof. (v) Handling Readily Combustible Materials. No person making using, storing or having in charge, or under his control any shavings, excelsior, rubbish, sacks, bags, litter, hay, straw or combustible waste materials shall fail or neglect at the close of each day to cause all such material which is not com- pactly baled and stacked in an orderly manner to be removed from the building or stored in suitable vaults or in metal or metal lined, covered, receptacles or bins. The fire official shall require suitable baling presses to be installed in stores apartment buildings, factories and similar places where ac- cumulations of paper and waste materials are not removed at least every second day. (vi) Carpeting. No type of carpeting shall be allowed on the ceilings, or more than a height of four inches on the walls, of any commercial business. Sec. 9 -4. Adoption of Official Regulation No. 7 by reference. (a) The Official Regulation No. 7, 1975 Edition as ado promulgated by the-Indiana State Fire Commission, together wit an re Terence thereto is made a part of this Chapter with the same for effect as though set out in full herein. At least two (2) copies regulation with such amendments and supplements are on file and op the public inspection in the office of the City Clerk of South Ben -2- ted and anal en (b) Whenever a particular subject matter is not treated within the context of these Rules and Regulations, then the NFC will be the ap- plicable standard to be followed. If the subject matter is treated in both Official Regulation.-No. 7. and the NFC, and they are in conflict, then the Official Regulation No.- 7 shall be the applicable standard to be followed. (c) Article IV, Section 3802, Official Regulation No. 7 is amended by adding a new part as follows: 12. Notwithstanding any other provisions of this regulation, the Chief of the South Bend Bureau of Fire, or his designate, shall require that all buildings or structures open to public use with either a floor or basement area, or both, exceeding 1500 square feet or which exceeds two 2 stories in height, or both, be provided with an NFPA approved automatic fire ex- sninQ system. Sec. 9 -5. Adoption of Official Regulation No. 5 by reference. (a) The Official Regulation No.. 5, 1973 Edition, as adopted and promulgated by the Indiana State Fire Commission, together with any and al reference thereto is made a part of this Chapter with the same force and effect as though set out in full herein. At least two (2) copies of such regulation with such amendments and supplements are on file and open for the public inspection in the office of the Citv Clerk of South Bend. (_b) Whenever a particular subject matter is not treated within the context of these Rules and Regulations, then the NFC will be the ap- plicable standard to be followed. If the subject matter is treated in bot Official Regulation No. 5 and the NFC, and they are in conflict, then the Official Regulation No. 7 shall be the applicable standard to be followed. Sec. 9 -6. Board of Fire Appeals. There is hereby created a Board known as THE BOARD OF FIRE APPEALS. a) Fire Board of Ap of Members. The 1 member of the other members, al of one (1) year. b) Same - Meetings; Quorum. The Fire eals - Composition; Appointment and Term Fire Board of Appeals shall consist of one Bureau ot Fire Prevention and four (4) of the Chairman, sh and keep a record o presence of three stitute a quorum. a term tion of Rules and Procedure;. Records rd of Appeals shall meet at the call 1 adopt its own rules of procedure, its proceedings and its actions. The members shall be necessary to con- (c) Same - Modification of Provisions of Chapter; Compliance with Decisions. The Fire Board of Appeals may modify any of the provisions of this Chapter where there are practical difficulties in the way of carrying out the strict letter of this Chapter, provided, that the spirit of this Chapter shall be observed, public safety secured and substantial justice done. The decision of the Fire Board of Appeals shall be com- plied with within the time fixed in such order by the Board. (d) . Same - Appeals. Whenever the Chief of the Fire Department shall have reviewed an order of the director or inspector of the Bureau of Fire Prevention and filed his decision thereon, and such decision requires alterations or additions to exist- ing premises or buildings, an appeal from such decision of the Chief of the Fire Department may be taken to the Fire Board of Appeals. The Fire Board of Appeals shall only hear appeals from the ruling o t e Chief of the Fire Department which require alter ions or additions to existing premises or buildings. Such appeals shall be made within ten 0 days from the--U—ate on which the Chief of the Fire Department has filed his de- cision on the order a ore im. The appellant shall file with the Bureau of Fire Prevention and with the Fire Board of Appeals a written notice of appeal, specifying the grounds thereof. -3- 4 The.Bureau of Fire Prevention shall upon receiving notice of such appeal, transfer to the Board a7.1 documents !con- stituting the record upon which'the action' appealed was taken. e) Appeals to Circuit Court. Any owner or occupant of any premises who feels himself aggrieved by any order or af- firmed order of the Chief of the.Fire Department or the Fire Board of Appeals,may within ten `(10).days after the making or affirming of.any such order file his petition with the Circuit Court of the County, praying a review of such order, and it shall be the duty,of such court to hear the same on the first convenient day and to make such order in the premises as right and justice may require. Sec. 9 -7. Bonfire, trash or rubbish fires prohibited except by permit; approval of containers used. (a) No person shall kindle or maintain any bonfire, trash or rubbish fire or authorize any such fire to be kindled or maintained on public or private- property without a permit or other proper authorization from the South Bend Fire (b) No bonfire, trash, rubbish or any other kind of fire or burning that may be authorized under this .section or any other section of the South Bend Municipal Code, shall be allowed unless conducted in a manner permitted by the South Bend Fire Prevention Bureau. Sec. 9 -8. Violations. Violations of this Chapter, unless otherwise provided, shall be punishable as provided in Chapter 1, Section 1 -23 of the South Bend Municipal Code. SECTION II. Severability. If any provision, section, or part of any section of this ordi- nance is declared to be invalid or unconstitutional, such declarations shall not be construed to affect any of the other provisions, sections, or part of sections herein, and the remainder of the ordinance shall not thereby be invalidated. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Passed, as amended, September 26, 1977. -4- Member of the Common Council Thomas J. Brunner, Jr. City Attorney Robert M. Parker Chief Deputy CITY of PETER SOUTH J. NEMETH, i /J Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 South Bend Common Council 4th floor Council Chambers County -City Building 227 W. Jefferson Blvd. South Bend, Indiana 46601 May 18, 1977 Re: Adoption of New Fire Code. Dear Council Members: 219/284 -9241 The attached bill would bring the South Bend Fire Code into conformity with the rules and regulations adopted and promulgated by the Indiana State Fire Marshall under I.C. 1971, 22- 11 -5 -1 et. se,. The BOCA Basic Fire Prevention Code has been preempted by state statute through the State Fire Marshall's office causing uncertainty as to which rules and regulations should or can be enforced on a local level. By adoption of the attached bill, this uncertainty would be eliminated. The attached bill has been approved by the State Fire Marshall for introduction to and adoption by the Common Council of South Bend. The administration feels that its passage into ordinance would provide an effective tool for proper enforcement on a local level of fire standards. Enforcement of the proposed ordinance would remain in the South Bend Bureau of Fire, Prevention Bureau. Sincerely, Thomas J. Brunner, Jr. By: �� L W. Gayle Allsop Deputy C$ y Attorney (101ttuttUrr Irport On tot Tommon (council of tot (pity of Oor# Bend: Your Committee of the Whole to whom was referred A BILL AMENDING CHAPTER 9, GENERALLY KNOWN AS THE FIRE PREVENTION ORDINANCE, REGULATING AND SETTING STANDARDS FOR SAFEGUARDING OF 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: SETTING STANDARDS IN DETERMINING THE ACCEPTABILITY OF INSTALLATIONS OR PRO- CEDURES, EQUIPMENT OR MATERIALS IN THE USE OR OCCUPANCY OF BUILDINGS OR PREMISES: PROVIDING FOR A FIRE BOARD OF APPEALS; PROVIDING FOR BONFIRE, TRASH OR RUBBISH FIRES; PROVIDING PENALTIES. Respectfully report that they have examined the matter and that in their opinion this bill be recommended to the Council favorable, as amended: Sec. 9 -3 (a) (3) by adding (vi) Carpeting. No type of carpeting shall be allowed on the ceilings, or more than a height of four inches on the walls, of any commercial business. Sec. 9 -4, page 3 by adding a new subsection. (c) Article IV, Section 3802, Official R- gulation No. 7, is amended by adding a new part as follows: 12. Notwithstanding any other provisions of this regulation, the Chief of the South Bend Bureau of Fire, or his designate, shall require that all buildings or structures open to public use with either a floor or basement area, or both, exceeding 1500 square feet; or which exceeds two (2) stories in height, or both, be provided with an NFPA approved automatic fire extinguishing system. Frank Horvath Chairman FREE PRESS PUBLISHING CO.