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HomeMy WebLinkAbout1992-05 03-09 CCO CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 9th day of May, 1992, at 7:15 P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 5 Regarding the Fire Department and Fire Prevention. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. 92 -05 AN ORDINANCE AMENDING CHAPTER 5 REGARDING THE FIRE DEPARTMENT AND FIRE PREVENTION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 5 of the Brooklyn Center City Ordinances is hereby amended as follows: Section 5 -100. PURPOSE. It is the purpose of this ordinance to provide for and maintain a volunteer fire department comprised of part -time members and full -time members as authorized by the city council. Section 5 -102. DEFINITIONS AND GENERAL PROVISIONS. b. Residencv: [Except for temporary nonresidency approved by the fire chief, firefighters shall reside within the City.] Residencv reauirements are as established by fire department rules and regulations and approved by the city manager. d. Retirement: Firefighters shall retire at age [56 provided, however, that firefighters who were members of the Fire Department on June 1, 1967, may serve until age 60.] 60. Administrative uersonnel shall retire at age 65. e. Complement: The complement of the fire department shall consist of one fire chief and not more than 40 firefighters, which number may be altered by resolution of the city council, upon recommendation to the fire chief. The complement does not include probationary firefighters, the number of which is within the discretion of the fire chief. f. Fire Chief: A [volunteer] firefighter from the Brooklvn Center fire department [chosen] appointed by the city manager in accordance with Section 17 -104 of Citv Ordinances to act as head of the fire department. [g. Aggrieved Person: The firefighter affected by an appointment, rejection, suspension, demotion, discharge or other action of the city manager from which an appeal is provided.] -1- RESOLUTION NO. 92 -05 [h] S. Oral Interview Revort: The written summary of a discussion of job related subject matter, uniformly conducted with all applicants, resulting in a composite numerical score which shall receive no more than [60 40% weight in the appointment or approval. [i] h. Personnel Revort: A compilation of job related performance standards including length of service, number of meetings, drills and fire calls attended, hours of fire training and education, disciplinary actions, commendations, service awards, and other similar performance standards, resulting in a composite numerical score which shall receive no more than [60 20% weight in the appointment or approval. [j] i. Peer Evaluation Revort: A report assessing those personal qualities related to the successful performance of the job for which the applicant is being considered, resulting in a composite numerical score which shall receive no more than [30 40% weight in the appointment or approval. [k. Fact Finding Hearing: A hearing before the city council designed to establish the facts underlying a judgment or decision.] [1] j. Classification: Fire department members shall be classified as probationary firefighters, regular firefighters, inspectors and officers. [m] k. Officers: Fire department officers shall consist of a fire chief, an assistant fire chief, one or more district chiefs and captains, [a fire marshal] and such other officers deemed necessary by the fire chief, all of whom shall be regular firefighters. I. Administrative Personnel: Administrative Dersonnel shall consist of a fire chief. an assistant fire chief. and one or more district chiefs. [n] m. Determination of Merit and Fitness: The appointment procedures set forth herein shall determine merit and fitness and shall be the exclusive procedures for that purpose. [o] n. Criteria of Merit and Fitness: The subject matter covered in oral interview, personnel report and peer evaluation shall be compiled by the fire department with the assistance of the city['s administrative assistant for personnel] manager or the city manager's designee [and shall be included in the bylaws of the fire department]. The said subject matter and the procedures for appointment, promotion, discipline, suspension and removal shall comply with State and Federal Equal Employment Opportunity Laws and Regulations. Section 5 -103. PROBATIONARY FIREFIGHTERS. a. Recruitment: When the fire chief shall determine that additional probationary firefighters are required, and the number so required, the fire chief shall cause public notice thereof to be posted at five public places throughout the City and published in the official newspaper of the City, said posting and publishing to continue for three consecutive weeks. In addition thereto, the fire chief, with the aid of the city['s administrative assistant for RESOLUTION NO. 92 -05 personnel] manager or the city manager's designee. shall develop and implement an affirmative action program designed to bring these employment opportunities to the attention of all citizens of Brooklyn Center, including minorities and women, in accordance with the Minnesota Human Rights Act and the regulations of the Equal Employment Opportunity Commission. [e. ARpeal: Any person aggrieved by the city manager's approval or rejection may, within 15 days of written notice of said appointment or rejection, file a notice appealing said decision to the city council for a fact finding hearing.] [f] e. Duties: The duties of probationary firefighters shall be the training for and execution of fire suppression,. first responder medical care. and fire prevention activities under the direction of the fire department as prescribed by the fire chief. Section 5 -104. REGULAR FIREFIGHTERS. [d. AARpeal: Any person aggrieved by the city manager's approval or rejection may, within 15 days of written notice of said appointment or rejection, file a notice appealing said decision to the city council for a fact finding hearing.] [e] d. Duties: The duties of the regular firefighters shall be the training for and execution of fire suppression. first responder medical care. and fire prevention activities as prescribed by the fire department under the direction of the fire chief. Section 5 -105. INSPECTORS /TRAINING OFFICERS. b. Dutv Assignments: All eligible firefighters wishing to be assigned duty as an inspector or training officer shall notify the fire chief in writing, stating whether they prefer fire inspection or the conduct of drills, exercises and training maneuvers. Eligible firefighters shall be given duty assignments [on a rotation, lottery, or random selection basis] by the fire chief on the basis of merit. fitness. and the needs of the department. Section 5 -106. OFFICERS. C. Duties: The duties of captains and district chiefs selected by the fire chief from the regular firefighters shall be the supervising and directing of fire suppression. and first responder medical care. and fire prevention operations and other activities as the fire chief shall deem necessary. d. Exception: This section shall govern the selection of all officers except [the fire marshal,] the assistant fire chief and the fire chief. Section 5 -107. ASSISTANT CHIEF [AND FIRE MARSHAL]. One assistant chief and one fire marshal] shall be appointed to a term of four years and shall be described as follows: RESOLUTION NO. 92 -05 a. Recruitment: Any member of the fire department complement [having more than six years service as a regular firefighter) is eligible to be appointed assistant chief [or fire marshal] subject to performance standards set by the fire department for attendance at fire calls, meetings and drills, job related education [and] training and experience qualifications, knowledge of fire department procedures and knowledge of applicable fire codes. Ninety days before the end of a term of office of the assistant chief [or fire marshal], the fire chief shall post notice thereof for a period of four weeks at each fire station. Any eligible member of the fire department complement wishing to make application for appointment to the position of assistant chief [or fire marshal] shall so notify the fire chief in writing within 10 days of the posting of the final notice, stating the position for which application is made. b. Oral Interview Reports. fandl Personnel Reports and Peer Evaluation Reports: Pursuant to bylaws governing the internal affairs of the fire department, the fire department shall conduct with each applicant job related oral interviews and investigations, and the fire department shall prepare a written supplemental personnel report, an oral interview report and a peer evaluation report based thereon which set forth objective statements of the applicant's job related qualifications or lack thereof and which may contain a ranking of all applicants in order of preference. C. Appointment of the Assistant Chief rand the Fire Marshall: The oral interview report, the peer evaluation report and the supplemental personnel report shall be forwarded to the fire chief who may conduct further interviews either personally or by a panel of qualified persons [as set forth in Section 5 -108, paragraph (d) of this ordinance]. The fire chief shall appoint or reject the applicants within 30 days on the basis of merit and fitness, notifying the city manager of the decision. The fire chief shall forward the oral interview reports, the peer evaluation reports, and the supplemental personnel reports to the city manager, who shall approve or reject the appointments within 30 days upon the basis of merit and fitness, notifying the fire chief of the decision. Failure of the city manager to so appoint or reject within 30 days shall constitute the city manager's agreement to the fire chief's appointment. The fire chief shall so notify each applicant in writing. [d. Appeal: Any person aggrieved by the city manager's approval or rejection may, within 15 days of written notice of said appointment or rejection, file a notice appealing said decision to the city council for a fact finding hearing.] (e) d. Duties: [2. Fire Marshal: The fire marshal shall be in charge of the bureau of fire prevention and shall be responsible for its operations, the enforcement of the fire prevention code, and the enforcement of all ordinances and laws relating to fire prevention and safety, together with such other duties as may be delegated or assigned by the fire chief.] [3. Fire Prevention: The fire marshal shall perform the RESOLUTION NO. 92 -05 fire prevention duties set out in Sections 5 -202 through 5 -211 of City Ordinances and shall be responsible for the operation of the bureau of fire prevention, together with all other laws, ordinances and regulations dealing with the suppression and prevention of fires.] Section 5 -108. FIRE CHIEF. One fire chief shall be appointed [to a term of four years and described as follows: by the city manager in accordance with Section 17 -104 of Citv Ordinances. a. Recruitment: Any member of the fire department complement [having more than six years service as a regular firefighter] is eligible to be appointed fire chief, subject to performance standards set by the fire department for attendance at fire calls, meetings and drills, job related education. [and] training and experience qualifications and knowledge of fire department procedures and knowledge of applicable fire codes. Notice of position opening shall be posted at each fire station. [One hundred twenty days before the end of a term of office of the fire chief, the assistant fire chief shall post notice thereof for a period of four weeks at each fire station. Any eligible member of the fire department complement wishing to make application for appointment to the position of fire chief shall so notify the assistant fire chief in writing within 10 days of the posting of the final notice.] [d. Appeal: Any person aggrieved by the city manager's approval or rejection may, within 15 days of written notice of said appointment or rejection, file a notice appealing said decision to the city council for a fact finding hearing.] [e. AR,proval: The city manager shall immediately notify each member of the city council of the appointment and shall cause to be placed on the city council's agenda at its next regular meeting, the question of the final approval of the appointee. The term of the said appointee shall commence only after final approval by the city council. If final approval does not occur before the expiration of the term of office of the incumbent fire chief, said incumbent shall hold office until a successor is appointed and given final approval by the city council. In any case in which an appeal is filed, said appeal shall be heard and determined before the question of the final approval of the appointee is considered and determined.] d. Duties: Duties of the fire chief shall be pursuant to fire department rules and regulations eovernine the internal affairs of the fire department. [f. Duties: [1. Supervision of Firefighters: The fire chief shall supervise and direct all firefighters and shall be responsible for establishing and enforcing rules of conduct for firefighters.] [2. Keeping of Equipment: The fire chief shall have control over all of the equipment and apparatus maintained by the fire department, and shall be responsible for the care and condition of the equipment and the fire station.] RESOLUTION NO. 92 -05 [3. Annual Fire Department Report: The fire chief shall, within reasonable time after the close of the fiscal year, make an annual report to the city manager and to the city council setting forth the activities of the fire department during the preceding year. The fire chief shall also submit such additional reports and recommendations as the fire chief or the city manager may from time to time deem necessary.] [4. Annual Budzet Report: The fire chief shall annually prepare and submit to the city manager a budget setting forth the anticipated needs of the fire department for the ensuing year.] [5. Annual Fire Prevention Report: The fire chief shall annually present to the city manager a statement of objectives which shall define a fire prevention program and which shall be responsive to the fire prevention goals as established by the city council. Said statement of objectives shall include a brief explanation of each objective and the goals to which it contributes; an objective measurement of the extent to which the objective has been accomplished; a time schedule for the accomplishment of each objective with intermediate milestones for its final accomplishment; an estimate of the working hours required and the costs necessitated by the accomplishment of each objective. Upon mutual agreement between the city manager and the fire chief as to the statement of objectives and the approval of funding therefor, the fire chief shall be responsible for assuring their accomplishment. The fire chief shall provide periodic reports to the city manager concerning progress toward the defined milestones and corrective actions taken. Corrective actions may include extending schedules, reallocation of the firefighters' working hours, modifying objectives, or other alternatives mutually agreed upon between the city manager and the fire chief.] [6. Training and Drills: The fire chief shall be responsible for the proper training of firefighters and shall schedule at least four hours of drills per month and shall give the firefighters instructions in the approved methods of firefighting and fire prevention.] [7. Keepine of Records: The fire chief shall keep in convenient form a complete record of all fires. Such forms shall include the time of the alarm, the location of the fire, cause of the fire (if known), type of building, name of owner and tenant, purpose for which occupied, estimated loss or damage, names of firefighters responding to the alarm, and such other information as may be deemed advisable or as may be required from time to time by the city manager or the State Department of Insurance.] [8. Bvlaws: The fire chief, within the terms of this ordinance, and with the advice and consent of the firefighters, shall prepare and amend bylaws governing the internal affairs of the fire department. The bylaws and amendments thereto shall become effective after review by the city manager and upon their adoption by resolution of the city council.] [9] e. Rules. Reeulations and Efficiencv: The fire chief, with the advice and consent of the firefighters, shall formulate a set of rules and regulations to govern the operational functions of the fire department and to aid in the maintaining of discipline, morale, efficiency, and motivation of the RESOLUTION NO. 92 -05 firefighters. Such rules and regulations shall become effective upon approval of the fire department. Section 5 -109. DISCIPLINE AND DISCHARGE PROVISIONS. All firefighters shall be subject to verbal reprimand, written reprimand, discipline, suspension, demotion or discharge as follows: a. Discipline by the Fire Chief: All firefighters are subject to discipline by the fire chief in the form of oral reprimands, written reprimands, and other forms of discipline approved in the bylaws of the internal affairs of the fire department for just cause connected with the fire service. All firefighters are subject to discharge, demotion and suspension by the fire chief on the basis of merit and fitness connected with the fire service, with prior approval of the city manager. [Any firefighter disciplined by a suspension may appeal said suspension to the membership of the fire department in accordance with the bylaws governing the internal affairs of the fire department.] b. Suspension by the Citv Manager: The fire chief is subject to discipline, suspension, and removal, on the basis of merit and fitness connected with the fire service, by the city manager. [Removal of the fire chief shall be made final only upon a majority vote of the city council.] [c. ARDeal: Any person aggrieved by any discharge, demotion or suspension by the city manager or the fire chief may appeal to the city council for a fact finding hearing within 10 days of written notice of such discharge, demotion or suspension. A written statement setting forth the basis of the discharge, demotion or suspension shall be provided to such aggrieved person upon the filing of such appeal.) [d] c. Commencement of Discharge. Demotion or Suspension Proceedings: Proceedings for the discharge, demotion, or suspension of any firefighter may be commenced by initiation of the city manager, by the fire chief with city manager approval, or by the fire department to the city manager, in accordance with the bylaws governing the internal affairs of the fire department. (Section 5 -110. APPEAL PROCEDURE. Appeal is perfected by filing a written statement thereof with the city clerk during regular business hours within the period of time allotted for the notice of appeal in the ordinance. The statement shall identify the decision or order appealed from and shall contain a simple and concise statement of the grounds of the appeal.] [a. Duties of the Citv Clerk: Within 10 days of receipt thereof, the city clerk shall determine whether or not the statement of appeal is timely filed. The city clerk may request additional information from the appellant in order to clarify the grounds of the appeal. The clerk shall forward a copy thereof to the city manager and cause the original thereof to be placed on the agenda of the city council at its next scheduled meeting.] [b. Council Procedure: The city council shall acknowledge receipt of the appeal and set a date for a hearing thereon. The city council may hear and determine the facts as a committee of the whole, or may delegate such responsibility to a hearing officer.) RESOLUTION NO. 92 -05 [c. Hearing Procedure: Procedure at the fact finding hearing shall be governed by the Administrative Procedure Act, Sections 15.0418 and 15.0419, Minnesota Statutes (1974). The appellant may be represented by counsel and the city administration shall be represented by the city attorney.] [d. Findings of Fact: The city council or the hearing officer shall hear the evidence, shall resolve any material conflicts in the evidence, shall prepare a written summary of the evidence, and shall prepare a written statement of the relevant facts which are found to be true. Any summary of evidence and findings of fact prepared by a hearing officer shall be reviewed by the city council, and the city council shall make an independent judgment of the facts it finds to be true. The city council may refer the case back to the hearing officer for further proceedings. Upon determining that the facts found by the hearing officer are true, the city council shall give its approval.] [e. Termination of ADDeal: Copies of the summary of evidence and findings of fact shall be forwarded to the appellant and to the city manager, which shall end the appeal procedure. The appellant may obtain judicial review by writ of certiorari to the district court based upon a full transcript of testimony taken at the hearing, the summary of evidence, and the findings of fact.] Section 5 -110. APPEAL PROCEDURE. Anv firefighter may anneal a discharge. demotion or suspension. first according to the fire department rules and regulations. Failing at this level. the firefighter may then anneal to the city manager for disposition. Failing at that level. the firefighter may Dresent the grievance to the Public EmDlovment Relations Board pursuant to state law. It is the Dolicv of the Citv of Brooklvn Center and the Brooklvn Center fire deDartment to deal promptly and fairly with anv grievance or appeal arising out of emDlovment with the fire department. The time frame within which appeals must be filed at each level shall be defined by the fire department rules and regulations. Section 5 -111. REGULATIONS GOVERNING CONDUCT AT THE SCENE OF A FIRE EMERGENCY. b. Spectators at Emergencv Scene: The officer of the fire department in command at the scene of any fire or other emergency shall have the authority to establish an emergency zone within which no person except members of the fire department, police department, or authorized members of the [civil defense] emergencv preparedness department shall enter, unless directed or permitted to do so by such officer in command. No unauthorized person shall enter upon the premises which is the scene of a fire or alarm of fire, or other emergency, unless and until directed or permitted to do so by the fire department officer in command. d. Police Powers of Fire Department Personnel: At all times when the fire department is engaged in traveling to a fire or to the scene of an alarm of fire, or is present at a fire, or the scene of an alarm of fire, or other emergency, all officers of the fire department shall be vested with police powers and authority to enforce the provisions of this ordinance and to make arrests for the violation thereof. The fire department officer in command at the RESOLUTION NO. 92 -05 scene of a fire or a rescue emergency shall have the authority to direct the operations of all police and [civil defense] emergencv preparedness personnel present at the scene. The fire chief or the fire chief's designated representative [and the fire marshal are] is hereby vested with all police powers necessary to investigate the cause, origin and circumstances of any fire, or alarm of fire, or other emergency requiring the attention of the fire department. Section 5 -201. ADOPTION OF FIRE PREVENTION CODE. [There is hereby adopted by the City of Brooklyn Center for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the fire prevention code recommended by the National Board of Fire Underwriters, being particularly the 1970 edition thereof, save and except such portions as are inconsistent with other City Ordinances, of which code not less than three copies have been and now are filed in the office of the clerk of the City of Brooklyn Center, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Brooklyn Center.] a. Purpose and Intent of Fire Regulations: It is the purpose and intent of the fire regulations to Dromote high standards of aualitv 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 DroDerty within the Citv of Brooklvn 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 indemnifv owners of Drivate DroDerty against loss occasioned bv_ their failure to comply with fire regulations. b. Adoption of Codes and Standards: There is adopted and incorporated herein by reference as an ordinance of the Citv: 1. The Uniform Fire Code as Dromulgated by the International Conference of Building Officials and Western Fire Chiefs' Association (1991 Edition) is incorporated by reference and made Dart of Minnesota Rules 7510.3100 to 7510.3280. Der Minnesota Statutes Section 299F.011 together with ADDendices I -A, I -B, I -C. II -A. II -B. II -D. III -A. III -B. III -C. IV -A. VI -B. VI -D. (which code is hereafter referred to as the UFC code with changes and omissions hereinafter set forth): and 2. Adoption of National Fire Code. Whenever the Uniform Fire Code. as amended by Darts 7510 -3100 to 7510 -3280. is silent on anv subiect. for anv reason. in anv situation. the Drovision of Drotection shall be in accordance with National Fire Code 1988 Standards Numbered 13. 13A. 13D. 13R. 14. 20. 71. 72A. 72B. 72C. 72D. 72E. 72F, 74. 101. 231. 231C. 231D. and 231F and their aDDendices. issued by the National Fire Protection Association (Ouincv. Massachusetts. 1988) which are adopted by reference as Dart of this code as though set forth herein in their entiretv. C. Codes on file: The citv clerk shall file one (1) copy of the RESOLUTION NO. 92 -05 Uniform Fire Code 1991 Edition. and one (1) copv of those Darts of the National Fire Code referred to in section (2) of this Section. marked "Official CoDv in his or her office. and the copies shall be kept available for Dublic inspection. d. Definitions: 1. Whenever the word iurisdiction is used in the UFC, it shall mean the Citv of Brooklvn Center. 2 Whenever the term "corporate counsel" is used in the UFC. it shall mean the attornev for the Citv of Brooklvn Center. 3 Whenever the term "chief" is used in the UFC. it shall mean the chief of the Brooklvn Center fire department or the fire chief's designated representative. Section 5 -202. ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE PREVENTION. 2. The fire [marshal] chief or the fire chief's designated representative shall be in charge of the bureau of fire prevention. Section 5 -203. MODIFICATIONS. The fire [marshal] chief 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 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 [marshal] chief thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. Section 5 -204. NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS. The [city council] citv manager. director of Dlanning and inspection. building_ official.` fire inspector. and the chief of the fire department [and the fire marshal] shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in said code. The fire [marshal] chief shall post such list in a conspicuous place [in his office] uDon aDDroval or denial by the committee. and distribute copies thereof to interested persons. a. Anneal: Whenever the committee shall disaDDrove an application or refuse to grant the Dermit aDDlied for. or when it is claimed that the Drovisions of the Uniform Fire Code do not aDDly. or that the true intent and meaning of the Code has been misconstrued or wrongly interpreted. the applicant may anneal from the decision of the committee to the city council. within thirtv (30) days of the date of the decision. b. Permit Fees: The fees for anv Dermit recuired by this ordinance and for each annual renewal thereof, shall be established by resolution by the city council of Brooklvn Center. All Dermits. unless otherwise noted. RESOLUTION NO. 92 -05 shall expire one vear from the date of issuance. C. Amendments to the UFC: 1 Article 4. "Permits and Certificates" of the UFC is included in it's entiretv with the following change: (a) Section 4.101. No. 22. Hazardous Material. amended to read: 1. Class 1. A general hazard and fire safetv insvections reauire a svecial Tazard vermit. 2. Class 2. A svecial hazard insvection involving various hazardous materials. or vrocesses in the occuvancies of buildings generally less than 3.000 square feet in area. 3. Class 3. A svecialized hazard insvection vrimarily directed at. but not limited to. buildings or occuvancies 3.000 sauare feet or more where anv of the following are vresent: a Multivle hazards. b. Storage. handling or vrocesses involving dangerous or hazardous materials. substances or vrocesses. c. Occuvancies in which evacuation or high valuation vresents uniaue circumstances. 2 The following_ sections of Article 10. "Fire Protection" of the UFC are amended as follows: (a) Section 10.307 (A) of the UFC is amended by adding a new varagravh which shall read as follows: If doors located in area sevaration walls. or fire doors installed in stairways. or smoke barrier doors are to be kevt oven. thev shall be held oven by electric magnetic door holders that are controlled and released by smoke detectors. Section 10.307 (C) of the UFC is amended to read as follows: (e) Standard for installation. insvection. and maintenance of fire alarm system shall be according to standards in the UFC and NFPA. 3 The following section of Article 11. "General Precautions Against Fire" of UFC is amended as follows: (a) Section 11.204 of UFC is amended by identifvina the first varagravh as (A). and adding a new varagravh to read as follows: (B) Test to establish flame retardant oualitv shall be as vrovided in NFC standard. NFPA No. 701. d. Minimum Standards: Whenever the UFC fails to be svecific about a device or avvliance. it shall have a minimum standard of being UL RESOLUTION NO. 92 -05 "Underwriter Laboratorv" aDDroved. e. Fires and Barbecues on Balconies or Patios: In anv structure containing three or more dwelling units, no Derson shall kindle. maintain, or cause anv fire or open flame on anv balconv above ground level, or on anv ground floor Datio within fifteen (15) feet of the structure. 1 Fuel Storage Prohibited: No Derson shall store or use anv fuel, liauid or compressed gas, barbecue, torch, or other similar heating or lighting chemical or device in the locations designated in subsection (e). 2. ExceDtion: Listed electric or gas -fired barbecue grills that are Dermanentiv mounted. wired, or Dlumbed to the building's gas suDDlV 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 Datios when aDDroved by the fire chief. f. Fire Alarm Svstems and Smoke Detectors: 1. Standards for installation. insDection and maintenance of the fire alarm system shall be according to the standards in NFC. 2. Whoever shall render a smoke detector or fire alarm system inoperable bV removing the battery or disconnecting or dismantling the detector. or fire alarm system. in anv commercial or business unit. is guilty of a misdemeanor. 3. All batterv- oDerated smoke detectors shall be removed from all rental units and replaced with smoke detectors hard wired into the units' 110 volt electrical system by December 31. 1993. Z__ Incident Control Costs: Every Derson, firm, or corporation that is not a resident of the Citv or the owner of real DroDerty in the Citv subiect to real DroDerty taxes. shall be liable for all incidents or Dreventing, the spread. or extinguishing anv 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 Citv emDlovees and eauipment. The fire chief shall then bill the Derson, firm. or corporation liable for the fire. No license of anv Derson, firm, or corporation liable for the expenses incurred in fire control as Drovided above shall be renewed if the licensee is default in Davment of anv bill hereunder. h. InterDretation and Conflict with the Minnesota State Building Code: In the event of a conflict between the Drovisions of the UFC or the NFC and the Drovisions of this ordinance. the more stringent Drovisions shall aDDly. Drovided. however. that no Drovision of this ordinance shall be interpreted to exceed the reauirement of the Minnesota State Building Code as adoDted by the RESOLUTION NO. 92 -05 ordinance of the Citv of Brooklvn Center. Section 5 -205. RIGHT OF INSPECTION. The chief of the Brooklyn Center fire department or any member of the fire department designated by [him] the fire chief as an inspector[, of the fire marshal,] may, at reasonable hours, enter any building or premises for the purpose of making any inspection which [he] the fire chief deems necessary to be made. Section 5 -302. FIRE EXTINGUISHING SYSTEMS REQUIRED. Every story, basement, or cellar in every building hereafter erected in the I -1 (Industrial Park) I -2 (General Industry) Cl (Service Office), C1A (Service /Office), and C2 (Commerce) zoning districts shall have installed and be equipped with an automatic fire extinguishing system which system shall comply with provisions of the Sprinkler Standard, N.F.P.A. No. 13. Every story, basement, or cellar in every building exceeding three stories in height hereafter erected in any residential (Rl through R7) district shall have installed and be equipped with an automatic fire extinguishing system which system shall comply with provisions of the Sprinkler Standard, N.F.P.A. No. 13. The fire extinguishing system [shall be connected to the City of Brooklyn Center remote station fire alarm system according to the provisions of Section 5 -501 through 5 -505 of the City Ordinances or] shall be connected to a central station system approved and listed by Underwriters Laboratories, Inc. and shall remain so connected and maintained during the life of the building. Section 5 -501. INSPECTIONS OF VENTILATION SYSTEMS. Cleaning. Anv persons, firms. or corporations performing ventilation system cleaning in the Citv of Brooklvn Center shall. prior to ventilation system cleaning. at least five days in advance obtain a permit from the Bureau of Fire Prevention for each iob and Dav a Dermit fee as established by resolution by the citv council of Brooklvn Center. Upon completion of each iob. said persons. companies. or corporations shall notifv the Bureau of Fire Prevention of the completion of the iob and Drior to leaving the iob site. allow for inspection of work by a member of the Bureau of Fire Prevention. Section 5 -502. PROHIBITED VEHICLES. It shall be illegal to Dark. store. or leave unattended on anv_ street, highway. avenue. allev or Darking lot within the limits of the Citv of Brooklvn Center anv vehicle carrving flammable or combustible liouids including. but not limited to. LP or DroDane. or containing explosives or blasting agents. or containing hazardous material or Doisonous gases. This shall not Drevent a driver from transferring the Droduct to or from the vehicle or a necessary absence from the vehicle in connection with the driver's normal duties. nor shall it Drevent stops for meals. Vehicles that have become disabled due to mechanical failure must be removed within three hours. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted the 9th day of March 1992 RESOLUTION NO. 92 -05 i Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication February 19. 1992 Effective Date April 17, 1992 (Underline indicates new matter, brackets indicate matter to be deleted.)