Loading...
HomeMy WebLinkAbout2025-10 FIRE PREVENTION DIVISIONBR291-12-1056096.v4B CITY OF BROOKLYN CENTER ORDINANCE NO. 2025-010 AN ORDINANCE REPEALING AND REPLACING IN ITS ENTIRETY CHAPTER 5 OF THE BROOKLYN CENTER CITY CODE OF ORDINANCES, ESTABLISHING THE FIRE PREVENTION DIVISION WITHIN THE BROOKLYN CENTER FIRE DEPARTMENT THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article 1. The Brooklyn Center City Code of Ordinances, Chapter 5, Fire Department and Fire Prevention is hereby repealed and replaced in its entirety: CHAPTER 5-100 - FIRE PREVENTION Section 5-101. PURPOSE. The purpose of this ordinance is to establish and maintain a Fire Prevention Division within the Fire Department of the City of Brooklyn Center, as authorized by the City Council, to enforce fire codes and promote public safety through fire prevention and inspections and education. Section 5-102. ESTABLISHMENT AND DUTIES OF THE FIRE PREVENTION DIVISION. The Fire Prevention Code shall be enforced by the Fire Prevention Division in the Fire Department of the City of Brooklyn Center, which is hereby established, and which shall be operated under the supervision of the Fire Chief or designee. Section 5-103. DUTIES AND RESPONSIBILITIES OF THE FIRE CHIEF. The Fire Chief shall be appointed by the City Manager and shall be responsible to the City Manager for the enforcement of the Fire Code, the provision of emergency services, including prevention and suppression of fires, the protection of life and property against fire, natural disasters, and other events. The Fire Chief shall be responsible for the supervision of subordinate officers and personnel as determined by the City Manager and the City Council. The Fire Chief or such designee shall be the Emergency Manager for the City of Brooklyn Center. Section 5-104. DEFINITIONS Alarm Device means any fire alarm system component including but not limited to, pull stations, horn strobes notifiers, smoke alarm, or heat detector. Fire Alarm System means the entire fire alarm system or a portion thereof, encompassing component parts including fire detectors, sprinkler systems and monitoring functions to alert and detect the status of fire alarm or signal to initiate the appropriate response to those signals. Inspector means an individual charged with the responsibility of conducting inspections with the purpose of enforcing the Fire Code. Owner means a person, agent, firm, or corporation having a legal or equitable interest in the property. In any corporation or partnership, the term owner includes partners and corporate officers. Smoke Alarm means a standalone or multi-station alarm responsive to smoke or fire. Tenant means any adult person granted temporary use of a rental dwelling unit pursuant to a lease with an owner of a property. Section 5-105. RIGHT OF INSPECTION. The Fire Chief or any member of the Brooklyn Center fire department as designated by the Fire Chief may, at reasonable hours, enter any building or premises for the purpose of making any inspection which the Fire Chief deems necessary to be made. Section 5-106. INSPECTOR'S DUTIES. When any Fire Department Inspector finds in any building or upon any premises or other place: A. Combustible or explosive matter or dangerous accumulation of rubbish or unnecessary accumulation of wastepaper, boxes, shavings or any highly flammable materials, and so situated as to endanger property; or B. Obstructions from any source whatsoever, including materials, articles or merchandise, to or on fire escapes, stairs, corridors, doors, liable to interfere with the operation of the fire department, or egress of occupants, in case of fire; or C. Any condition on said premises which is so likely to cause fire as thereby to seriously endanger property or human life; or D. At any premises, a violation of any City ordinance, MN State Fire Code or law of the State of Minnesota the continuing violation of which creates a fire hazard, then the Fire Chief or designee, shall order the same to be removed or the condition remedied. Section 5-107. DUTY TO CORRECT HAZARDOUS CONDITIONS. Such order shall forthwith be complied with by the owner or occupant of such premises or buildings, subject to appeal within twenty- four hours to the Fire Chief (or the City Manager if the Fire Chief issues the order) who shall within 10 days review such order and file its decision thereon, and unless the order is revoked or modified it shall remain in full force and be obeyed by such owner or occupant. Any owner or occupant failing to comply with such order within 10 days after said appeal shall have been determined, or if no appeal is taken, then within 10 days after the service of the said order, shall be subject to a penalty as hereinafter provided. Section 5-108. SERVICE OF INSPECTOR'S ORDER. The service of any such order shall be made upon the occupant of the premises to whom it is directed by either delivering a true copy of same to such occupant personally, by email or by delivering the same to and leaving it with any person in charge of the premises, or in case no such person is found upon the premises by affixing a copy thereof in a conspicuous place on the door to the entrance of the said premises. Whenever it may be necessary to serve such an order upon the owner of the premises, such order may be served either by delivering to and leaving with the said person a true copy of said order, or, if such owner is absent from the jurisdiction of the officer making the order, by mailing such copy to the owner's last known post office address or by last known email address Section 5-109. NOTICE OF HAZARDOUS CONDITION POSTED ON BUILDINGS. Whenever any building of a public nature, or which is used for commercial purposes, or for any other purpose other than a private or two-family dwelling, is found to be unsafe for any reason set out in Section 5-104, and the hazard thereof is so imminent as to place human life in immediate jeopardy, the inspecting officer shall post or place at the principal entrance of such structure a notice stating that it is in a dangerous condition; and it shall be unlawful for any person to remove such notice without his or her written permission. If the owner or person in charge of such building or structure, when notified, shall fail to place the same in a safe condition or to adopt such emergency measures as shall have been directed within the time specified, it shall be unlawful for any person, firm or corporation to occupy or use said building or structure until it has been rendered safe. Ongoing failure to correct the hazardous conditions or ongoing failure to adopt emergency measures as directed, constitutes a violation of this ordinance, and is subject to penalties outlined in this Chapter. Section 5-110. HOTEL FIRE LIFE SAFETY INSPECTIONS. Hotels shall have a common area fire inspection done on an annual basis in addition to the tri-annual fire inspection conducted by the state Fire Marshal. Section 5-200. FIRE PREVENTION CODES, STANDARDS, AND PROCEDURES. Section 5-201. FIRE PREVENTION POLICY STATEMENT. It is declared to be the policy of the City of Brooklyn Center to vigorously promote the safety and welfare of its citizens. In this context, the traditional approach to fire service—suppressing fires once ignited, rescuing survivors, and too frequently exposing firefighters to physical danger and death, all at a disproportionately high community investment of resources in manpower and equipment—is declared unacceptable for Brooklyn Center. Rather, it is the fire safety policy of the City of Brooklyn Center to efficiently utilize its resources and maximize life, safety, and citizen welfare by requiring that fire prevention and extinguishing systems be built into certain new structures. Thus, the effectiveness of the Brooklyn Center fire department is enhanced and extended at a lower cost to the citizenry, life safety is allocated a priority at least as great as property protection, and the owner cost of built-in fire protection is partially or wholly repaid in savings on initial construction costs and annual fire insurance premiums. Section 5-202. ADOPTION OF CODES AND STANDARDS. The City hereby adopts and incorporates the most current Minnesota State Fire Code (MSFC), the most current International Fire Code (IFC) including Minnesota adoptions and all appendices shall be used, and previously adopted versions of the MSFC and the IFC shall be used with existing buildings as applicable, provided no substantial alterations or changes in use have occurred that would require compliance with current code. The City also hereby adopts the current version of the International Property and Maintenance Code (IPMC) and all relevant attachments and appendices. Section 5-203. MSFC ON FILE, DEFINITIONS, AMENDMENTS, and MINIMUM STANDARDS. The Fire Chief shall keep on file one (1) copy of the Minnesota State Fire Code (MSFC) in his or her office for public inspection. A. Definitions: 1. Whenever the word “jurisdiction” is used in the MSFC it shall mean the City of Brooklyn Center. 2. Whenever the term "Corporate Counsel" is used in the MSFC, it shall mean the City Attorney of Brooklyn Center. 3. Whenever the term "Chief" or “State Fire Marshall” is used in the MSFC, it shall mean the Chief of the Brooklyn Center Fire Department or designee for purposes of interpreting this ordinance. B. Amendments to the Minnesota State Fire Code: If doors in fire corridors, separation walls, fire doors, or smoke barrier doors need to be kept open, they shall be held open by electric magnetic door holders that are controlled and released by the trip of a smoke detector or sprinkler head that covers the entire building. The approval of the Fire Chief or designee is needed for this modification to the building. C. Minimum Standards. Whenever the MSFC fails to be specific about a device or appliance, it shall have a minimum standard of being Underwriter Laboratory (UL) approved. Section 5-204. FIRE PREVENTION CODE MODIFICATIONS. The Fire Chief or designee shall have power to modify any of the provisions of the fire prevention code upon application in writing by the owner or lessee, or his or her duly authorized agent, when there are practical difficulties in way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the Fire Chief or designee thereon shall be entered upon the records of the department, and a signed copy shall be furnished by the applicant. Section 5-300. FIRE REGULATIONS. Section 5-301. PURPOSE AND INTENT OF FIRE REGULATIONS. It is the purpose and intent of the fire regulations to promote high standards of quality in the construction and maintenance of buildings, to improve the tax base with well-constructed and well-maintained buildings, and to enhance the value and condition of property within the City of Brooklyn Center. It is not the intent of these fire regulations to provide compensation to victims of fire, to guarantee absolute compliance with all fire regulations, or to indemnify owners of private property against loss occasioned by their failure to comply with fire regulations. Section 5-302. FIRE ALARM SYSTEMS AND SMOKE DETECTORS: A. Installation, inspection and maintenance of the fire alarm system or alarm device shall comply with standards in Minnesota State Fire and Building Codes, NFPA 72 and manufacturer specifications. B. Whoever shall render a smoke alarm or fire alarm system inoperable by removing the battery, disconnecting, dismantling, or damaging the smoke alarm or fire alarm system in any residential rental, commercial or business unit is guilty of a misdemeanor. C. No fire alarm system shall be permanently taken out of service without authorization by the Fire Chief or designee, including fire alarms at vacant properties. D. Special provisions for rental properties. Where battery-operated smoke alarms are allowed by code, they shall meet the following conditions: 1. Installation. Smoke alarms shall be properly installed and maintained in compliance with Minnesota State Fire and Building Codes, and manufacturer specifications. 2. Maintenance. Smoke alarms shall be maintained in an operable and good condition. 3. Testing and Record. Smoke alarms shall be tested in accordance with manufacturer recommendations and no less than once a month. The owner and/or owner’s agent of a rental property is responsible for keeping records indicating compliance with testing and applicable codes. These records must be made available to the code official upon request. 4. Owner Responsibility. Property owners or their owner’s agent must advise tenants to notify the owner/agent about faulty, defective or inoperable smoke alarms. 5. Tenant Responsibility. Tenants of each rental unit must give notice to the owner or their agent within twenty-four (24) hours of finding any non-functional smoke alarm. The owner or owner’s agent must make any correction(s) necessary to maintain a smoke alarm(s) in compliance with applicable codes. Section 5-303. TAMPERING WITH FIRE ALARM SYSTEM AND ISSUING FALSE ALARMS. It shall be unlawful for any person to tamper with or in any way interfere with any element of any fire alarm system within the city. It shall be likewise unlawful for any person to issue, or cause to be issued, an alarm of fire or other emergency condition when no fire or emergency condition exists. When applicable, the property owner will be charged for any nuisance or malicious alarms in accordance with the city false alarm fee schedule. Section 5-304. FIRE ALARM SYSTEM MONITORING. All newly installed and existing fire alarm and detection systems, where required, must be monitored by an Underwriters Laboratories (UL) central monitoring station, approved in accordance with the National Fire Protection Association (NFPA) 72 National Fire Alarm and Signaling Code. Central station monitoring (in full compliance with the latest NFPA 72 standards) must be maintained at the property if a fire alarm system is required, including vacant premises. A. New Systems. For all newly installed fire alarm systems in commercial and residential occupancies (excluding single-family homes), an Underwriters Laboratories (UL) Certificate must be issued by a UL Listed contractor, in compliance with the most current edition of NFPA 72. This requirement applies to all fire alarm systems installed under a permit in commercial, residential (excluding single family homes) and all other occupancies within Brooklyn Center. B. Existing Systems. Any existing fire alarm system in a commercial or residential (excluding single family homes) or other occupancy building where the fire alarm control panel or system components are being replaced shall be considered newly installed for the purposes of this section. Any modification, repair, or replacement of a fire alarm panel or its components will require the issuance of a UL Certificate, if one is not already in place. C. False Alarms. If any existing fire alarm system has four (4) or more false alarms in a one-month period, and those alarms are caused by a malfunction (not by environmental factors), the system must be inspected, tested and certified as if it were a new or replacement system. If the system has three (3) or more false alarms in a month due to malfunction (not by environmental factors), administrative fines will be issued pursuant to the City's current fee schedule. D. Exceptions. 1. Existing sprinkler systems with less than 100 sprinkler-heads need not be monitored for water flow; and 2. Existing Fire Alarm Systems that have not yet reached the end of functional life. Upon repair or replacement, the Fire Alarm systems must be in compliance with paragraphs A or B. Section 5-305. FIRE ALARM PANEL REQUIREMENTS FOR COMBINATION PANELS. A. Newly Installed Panels. Any newly installed or replacement fire alarm control panel shall be dedicated solely to the fire protection system. The use of combination fire and security alarm panels is prohibited for new installations or replacements. B. Existing Combination Panels. Existing combination fire/security panels may remain in service only while they are in proper working condition. If a combination panel becomes non-operational or requires replacement for any reason, it must be replaced with a dedicated fire alarm control panel designed exclusively for fire protection purposes. Section 5-306. MALFUNCTIONING ALARM PANELS. All fire alarm control panels in commercial and residential (excluding single family homes) occupancies, including but not limited to businesses, schools, and institutions, shall be maintained in operable condition and display a “NORMAL” status. Compliance (MSFC), and NFPA 72 are always required. A. Upon observation or notification of a malfunctioning alarm panel by the Fire Department, the owner or responsible party shall place a service call within two (2) hours and have up to ten (10) days to service and restore the panel to full, operable “NORMAL” status. B. Failure to call for service within two (2) hours or failure to repair the malfunctioning alarm panel within the ten (10) day period, or within an alternate time frame prescribed by the Fire Chief or designee based on life safety risk, shall result in administrative fines in accordance with the city’s fee schedule. C. If the alarm panel is deemed non-repairable, the owner shall be required to replace the panel and any associated system components that are incompatible with the replacement panel. The replacement system shall be compliant with the current MSFC and include monitoring and a UL Certificate issued by a UL-listed contractor. D. Fines shall continue to accrue every ten (10) days until the panel is repaired or replaced. The Fire Chief or designee may suspend further fines upon receipt of written documentation from a licensed alarm contractor confirming the date of repair or replacement. E. If no repair or replacement is completed within thirty (30) days, the city may continue to impose fines until the panel is repaired or replaced, and/or, order a temporary shutdown of the occupancy in whole or in part, until compliance is achieved. In cases where an immediate threat to life safety exists, the Fire Chief or designee may shorten the compliance period accordingly. Section 5-307. FIRE SPRINKLER AND/OR EXTINGUISHING SYSTEMS REQUIRED. In accordance with the Minnesota State Building Code and Minnesota Administrative Rules 1306, Subpart 2, automatic fire sprinkler systems are required in: A. All new buildings B. Additions to existing buildings (including the existing building if it is not already sprinklered) unless the building meets exemption criteria C. Buildings undergoing a change in occupancy or use classification D. Sprinkler systems must be installed in accordance with NFPA 13 and maintained in an operational condition throughout the structure. E. Exceptions may be considered on a case-by-case basis and require approval from both the Fire Chief (or designee) and the Building Official. F. No fire protection sprinkler system shall be permanently placed out of service without the authorization of the Fire Chief or designee. This is to include vacant premises. G. Failure to comply with this section may result in penalties pursuant to this Chapter or State law. Section 5-308. MALFUNCTIONING ELEVATORS. Buildings with elevators must have at least one- half of the required number of elevators operational at all times. Buildings with elevators that have become disabled, thereby leaving the building without operational elevators, must have repair orders submitted for repair within twenty-four (24) hours of notification of elevator malfunction. A. Any elevator that becomes inoperable for any reason causing (3) three emergency calls for service within a thirty-day (30) period, shall be subject to administrative penalties and shall be required to have an elevator company inspect and service the elevator. Failure to initiate timely repairs or repeated elevator outages may result in additional enforcement actions, including administrative fines, orders to correct, or other remedies under city ordinance, or state law. Section 5-309. OBSTRUCTION OF FIRE HYDRANTS. No person shall park any vehicle in such a way as to obstruct a fire hydrant. The stopping or parking of a vehicle within 20 feet of a fire hydrant shall be deemed an unlawful obstruction of such hydrant and subject to a citation. Section 5-310. ORDERS ESTABLISHING FIRE LANES. The Fire Prevention Division may order the establishment of fire lanes on public or private property as may be necessary in order that the travel of fire equipment may not be interfered with, and that access to fire hydrants or buildings may not be blocked. When a fire lane has been ordered to be established, it shall be marked by a sign bearing the words "No Parking—Fire Lane" or a similar message. When the fire lane is on a public property or a public right-of- way, the sign or signs shall be erected by the City, and when on private property, they shall be erected by the owner at his or her own expense within 30 days after he or she has been notified of the order. Thereafter, no person shall leave a vehicle unattended or otherwise occupy or obstruct the fire lane. Vehicles parked or standing in fire lanes are subject to citations and/or towing at owner’s expense. Section 5-311. PROHIBITED VEHICLES. It shall be illegal to park, store, or leave any vehicle unattended on any street, highway, avenue, alley or parking lot within the limits of the City of Brooklyn Center, carrying flammable or combustible liquids, or containing explosives or blasting agents, or containing hazardous material or poisonous gases. This shall not prevent a driver from transferring the product to or from the vehicle or a necessary absence from the vehicle in connection with the driver's normal duties, nor shall it prevent stopping for meals. Vehicles that have become disabled due to mechanical failure must be removed within three hours, except food trucks meeting the MN State Fire Code of < 200 gallons of liquid propane gas (LPG). Section 5-312. ELECTRIC VEHICLE (EV) CHARGING STATIONS. Prior to installation of any new EV charging stations/port in commercial buildings or multifamily dwellings, whether new or existing, a city permit shall be obtained, and the location of such installation shall be approved by the Fire Chief or designee and Building Official. All new charging stations/port shall be equipped with a secondary shut-off in an approved location. All shut off devices shall, new and existing shall be labeled. No EV charging stations/ports, new or existing, shall be installed in close proximity to natural gas lines Section 5-313. FIRES AND BARBECUE GRILLS ON BALCONIES OR PATIOS. In any multi- family structure containing three or more dwelling units, no person shall kindle, maintain, store inside, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio within fifteen (15) feet of the structure. A. Fuel Storage Prohibited: No person shall store or use any fuel, liquid or compressed gas, barbecue, torch, or other similar heating or lighting chemical or device in the locations designated in Section 5-313. B. Exception: Listed electric or gas-fired barbecue grills that are permanently mounted, wired, or plumbed to the building's gas supply or electrical system and that maintain a minimum clearance of 18 inches on all sides, unless listed for lesser clearances, may be installed on balconies and patios when approved by the Fire Chief. Section 5-314. OPEN BURNING. Except as authorized in this section, open burning of any material is prohibited. This prohibition does not apply to burning conducted by governmental authorities who have secured permission from the Fire Chief or to outdoor cooking using only propane, charcoal or clean dry wood. Outdoor recreational or cooking fires may be permitted subject to the following requirements: A. All fires must be in an approved outdoor fireplace or a pit which is at least one (1) foot below grade. A pit must be located at least twenty-five (25) feet from buildings, fences, property lines or flammable materials. Pits may be no more than three (3) feet in diameter, and the outside edge shall be ringed with brick or rock. Commercially manufactured outdoor fire pits may be used provided they are not more than three (3) feet in diameter. B. Only clean dry wood may be burned. No leaves, trash, treated or painted wood, or any other materials may be burned. All burning material must be contained in the pit at all times. C. Fires shall be so managed and maintained that fires do not exceed three (3) feet above the fire pit, and persons are able to stand within four (4) feet of the fire. D. The fire shall be attended by an adult at all times and must be extinguished when unattended. An adequate source of water must be available at the pit to extinguish the fire. E. Prevailing wind conditions shall be less than 10 miles per hour and shall not direct smoke toward other nearby residences. F. Outdoor recreational fires are permitted between the hours of 8:00 a.m. and midnight. All fires must be completely extinguished by midnight. G. No recreational fire shall be permitted when the City or Minnesota Department of Natural Resources has officially declared a “burning ban” due to potential fire conditions, or when the Minnesota Pollution Control Agency has declared an air quality alert. H. Fire department or police department personnel are authorized to require that recreational fires be immediately extinguished if it is determined by law enforcement or the fire department that the fire constitutes a dangerous condition or causes undue hardship on neighboring residences. Failure to comply with any provision of this Chapter or with an order of law enforcement or the fire department is a violation of this section and subject to a fine. Section 5-315. PORTABLE OUTDOOR FIREPLACES. Portable outdoor fireplaces shall be used in accordance with the manufacture instructions and shall not be operated within 15 feet of a structure or combustible material. Section 5-316. MOBILE FOOD PREPARATION VEHICLES (FOOD TRUCKS). Any food truck operating within the City of Brooklyn Center must provide documentation of a fire inspection that complies with the MSFC and has been completed within the past one (1) year. Inspections conducted by other fire departments will be accepted and fire inspection fees will be waived, provided the inspection meets applicable state fire code standards. A. Fire Inspections Required. It is the responsibility of the food truck owner/operator to contact the appropriate fire department to ensure the inspection is completed at least 48 hours prior to operating at an event within the City of Brooklyn Center. If the food truck owner/operator does not have a current proof of inspection, the food truck owner/operator must undergo an inspection prior to operating within the city. Food Truck Fire Inspection fees are outlined in the City’s Fee Schedule adopted by City Council. B. Random Checks: Food trucks operating within the City of Brooklyn Center may be subject to random checks. If current fire inspection documentation cannot be provided, an inspection will be required before the food truck may continue operating within the city. Section 5-317. GATED ACCESS; EMERGENCY RESPONSE REQUIREMENTS. Any business, commercial, or residential property installing a gate that restricts access for emergency response shall comply with the MSFC and this ordinance. Prior to installation, an Emergency Operations Plan must be submitted to and approved by the Fire Chief (or designee) and the City Building Official. A. Gate Access Requirements. If the gate is equipped with automatic operation, it shall include, at a minimum, an approved electric gate switch from the Knox Company. The preferred method of emergency access is an Opticom or Opticom-compatible system, which allows gates to be triggered and opened by emergency vehicle warning lights. Section 5-318. INCIDENT CONTROL COSTS. Every person, firm, or corporation that is not a resident of the City or the owner of real property in the City subject to real property taxes, shall be liable for all incidents or preventing the spread, or extinguishing any fire caused by or resulting from his, her, or its acts, negligence, or omissions. The Fire Chief shall keep a record of the cost, including work done by firefighters and other City employees and equipment. The Fire Chief shall then bill the person, firm, or corporation liable for the fire. Section 5-319. ENFORCEMENT; PENALTIES. A. Enforcement; Criminal Penalty. The City Manager and the Fire Chief, or their designees, are responsible for the administration and enforcement of this ordinance Any person violating the provisions of this ordinance shall, upon conviction, be punished by a fine not exceeding one thousand dollars ($1,000) or imprisonment not exceeding ninety (90) days or both, together with the costs of prosecution. B. Administrative Citations; Administrative Fines. Violations of this ordinance may be enforced through the Administrative Penalties Program pursuant to Chapter 18 of the Brooklyn Center City code. Administrative Fines are outlined in City Code and established by City Council Resolution. Each day a violation continues constitutes a separate offense for purposes of calculating the fine. C. In addition to any penalties provided for in this section, if any person, firm, or corporation fails to comply with any provision of this section, the Council or any city official designated by Council may institute appropriate proceedings at law or at equity to restrain, correct, or abate the violation Article II. Severability. Should any section or part of this ordinance be declared by a court of competent jurisdiction to be invalid, such decision will not affect the validity of the ordinance as a whole or any part other than the part declared invalid. Article III. Effective Date. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this 8th day of December, 2025. _____________________________ Mayor ATTEST: ____________________________ City Clerk Date of Publication : December 18, 2025 Effective Date : January 18, 2026