HomeMy WebLinkAbout2009-03 01-12 CCOCITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 12th day of January 2009 at 7
p.m, or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek
Parkway, to consider An Ordinance Amending Chapter 5 of the City Code of Ordinances
Regarding the Fire Department and Fire Prevention.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the City Clerk at 763-569-3300 to make arrangements.
ORDINANCE NO. 2009-03
AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY CODE OF
ORDINANCES 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 Code of Ordinances is
amended as follows:
CHAPTER 5 - FIRE DEPARTMENT AND FIRE PREVENTION
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 5-101. ESTABLISHMENT AND CONTINUATION. Pursuant to the charter of
the City of Brooklyn Center, in order to prevent and suppress fires, to protect lives and property
within the City, and to promote the health, safety and welfare of its citizens, the City Council of
the City of Brooklyn Center hereby continues and establishes a department of City government
known as the Brooklyn Center volunteer fire department. PresepAly existing .,r,. oin4ments of all
fire rlm+ ai4me t pe 1 shall full for-ee and 1'1 t femain in v ~..vNui ~ulvalc rvr.~viu ,
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ORDINANCE NO. 2009-03
thereof to eaeh prebationafy fir-efighter- "4th more than si* months w. rl
pr-obationar), firefighters wishing to make applieation for appait4ment to the position
of regular- fir-efigMer- sha4l so notify the fire ehief within 20 days of sueh notiee.
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~k. Dpi s:n cents: All eligible firefighters- wishing to be assigned duty as--aB-
the C..e ..L:eG on the 1..,..:....f
mer-it, fitness, and the needs of the depaFtment-.
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ORDINANCE NO. 2009-03
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A " nt o"+ - f +1'.-. As sJ "s+n„scccax + Chief, The vi-a! iten,iew r , + ,nr arccrrcvr°pvrc~ the ecr- evaluation
The fire ehief shall ap. et the applieai#s within 30 days en the basis of
forward the or-a! in4efview r-epefts, the peer- e~WuatiQn and the supplemental
within 30 days upon the basis of fnef4 and fitness, notifying the fi- ehief of the
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Seetrvn 5 10H. FI$E-GHIE- ehief shall ben foe by the eky
inn nn.,nee a with Co 1 i nn „f
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F. : Any member- -ef-thfire -depaftmetA eempiemeir is to be
attendanee at fire , , tFainifig and
and knowledge -offire -depeea pr-e es
eaeh fir-6 station.
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ORDINANCE NO. 2009-03
representative appointed by the
two appe.
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board shall eonduet sueh if4e
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the basis of f ri+ ",lfitn:as "+if`. g the assistant fire e ief of the deeisiefl,
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or re,}eet >it in 30 a ,y•s 3 'T tega- - to the
r-ee e
uav viuva the said pivfer-efiee r-ank4*--.
Dutras: Dtties of the-fife --ehie€-shall be pufsuant tA-fire de,.v.;+ m,lcs affd
'utivii g the me "l aftof the fire de art
rvbuis~" v ,
e. Rules, Reeulations and Effieienev! The fife 7 with the -ad"A.,ieva -and r-,easeat of the
sliall "ml.,+o - ~o+ -:c rules an ro „lations to g °m the °r"+i.av,.,l
,
e€fieiefley, and fae#iv on of the fir-efightenS. Queh fulMa r-egulations shall
vvvvuav vl.ivvu v v up6n appr-eva4 of the fire ,
Seetion 5 109
DISCIPLINE A
ND DISCHARGE PROVI
CTni.Tr
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All fir
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follows-
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appr-oved in the bylaws 4 thka, intemal affairs -Af *-he fimve d-epaFtment fef just e"§e
erC with the fire-w-Eyiez.. lli l firefighters are subje6tto d sohafge, deme+;
and suspeftsien by the fire ehief an the basis of me-vit- Mind fiitness eofmeeated- lAxith the
fire sew ce with ,.,.ior ;,1 of the 6ty manager,
l;. ,
and r-emeva4l on the basis of mer-it and fitfiess eenneaedA4,h the , by the
eivy manager,
'Eemmeneemez}t-
f Di
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for- the
d
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fi
ht
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em
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on o
any
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on, or- suspens
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g
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e eo
mfHe
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, OF by-the
affairs of th
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internal
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.
ORDINANCE NO. 2009-03
Seetie
0
:'m E R
fi
e fi
l
r
dis
'ar
l
OGEDUREE
A
,
r-
g
e
ny
e
ge
appea
a
U.
,
regulations.
Failing at
this level, the fir
-efighter may then
disposition.
appeal to the rait-y manager- fer-
Failing at
pufsuant to state
law.
Section 5-102. FIRE CHIEF; DUTIES. The Chief is the executive head of the Fire
Department and serves as Fire Marshal for the city. The Chief is appointed by the City Manager.
The Fire Chief is also the head of the Bureau of Fire Prevention of the city and has full authority
to execute all laws. ordinances and rules relating to fire prevention, fire fighting and the Fire
Department of the city. The Chief is responsible for the training and discipline of members of
the department and for the organization thereof as an effective firefighting unit; the Chief keeps
records of all fires and EMS calls. The Chief is responsible for compliance by the Fire
Department and members thereof with all the laws. ordinances and rules established by the City
Council and for directions received from the City Manager relating to the Fire Department.
Section 5-103. APPOINTMENT OF ASSISTANT/DISTRICT FIRE CHIEFS. The
positions of Assistant/District Fire Chiefs are appointed bv_ the Fire Chief and approved by the
City Manager.
Section 5404. FIRE MARSHAL. The office of the Fire Marshal is held by the Fire Chief.
The Fire Chief may appoint investigators/inspectors to assist and carry out the functions or
responsibilities of the position under the direction of the Fire Marshal. The Fire Marshal is
charged with the enforcement of all ordinances aimed at fire prevention and has full authority to
inspect all premises and cause the removal or abatement of all fire and life safety hazards.
Section 5-105. DISCIPLINE. The'Fire Chief shall have the authority to suspend/terminate
any member for refusal to obey orders or for neglect in the member's duties as outlined in the
fire department rules and regulations or for cause. Terminations shall be made with the approval
of the City Manager.
Section 5-106. AUTHORITY OF ASSISTANT/DEPUTY FIRE CHIEFS. In the absence
or disability of the Fire Chief. the Senior Assistant/District Fire Chief must perform all the
functions and exercise all of the authority of the Fire Chief
Section 5-107 QUALIFICATIONS OF PERSONNEL. Each firefighter must be not less
than 18 years of age and live within 4-6 minutes from the fire stations. They become members
of the Fire Department only after a one year mobationarv period and meeting Fire Department
reauirements. Each candidate, before becoming a reserved firefighter, must complete and bass a
psychological exam. ability test, physical examination. and criminal background check. All
firefighters are selected by the Board of Officers with approval by the Fire Chief.
ORDINANCE NO. 2000-03
Section 5 1-1-1- 108. REGULATIONS GOVERNING CONDUCT AT THE SCENE OF A
FIRE EMERGENCY.
a. Traffic: No person shall drive any vehicle over an unprotected fire hose except at the
direction or command of a police officer or member of the fire department. Upon the
approach of any fire department vehicle giving signal by bell, siren, horn, or flashing
emergency lights, the driver of every other nonemergency vehicle shall immediately
drive the same to a position as near as possible and parallel to the right-hand edge or
curb of the street, clear of any intersection, and shall stop and remain in such position
unless otherwise directed by a police officer or a member of the fire department, and
until the fire department vehicles have passed. It shall be unlawful for the driver of
any nonernergency vehicle to follow closer than 500 feet to any fire, apparatus
traveling in response to a fire alarm, and it shall be unlawful to drive into or park such
nonernergency vehicle within the block in which such fire apparatus has stopped in
answer to a fire alarm,.unless permitted or directed to do so by a police officer or
member of the fire department.
b. Spectators at Emeraencv 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 emergency 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.
C. Removal of Pronertv Endaneered by Fire: The fire department officer in command'at
any fire or other emergency shall have power to cause the removal of any property,
whenever it shall become necessary for the preservation of such property from fire, or
to prevent the spreading of fire, or to protect adjoining property, and to that end he
may enter or authorize any member of the fire department to enter any premises for
the purpose of carrying out the intent of this subdivision.
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 ests for- the violation thereof. The fire department.officer in
command at the scene of a fire or a rescue emergency 'shall have the authority to
direct the operations of all police and emergency preparedness personnel present at
the scene. .
The fire chief or the fire chiefs designated representative 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.
ORDINANCE NO. 2009-03
Section 5-14-2 109 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.
Section 5-444 110. 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.
Section 5-444 111. PENALTIES. Any person violating the provisions of Section 5-444
108 through 5-444 110 of this ordinance shall, upon conviction thereof, be punished by a fine not
to exceed one thousand dollars ($1,000) or by imprisonment not to exceed ninety (90), days or
both, together with the costs of prosecution.
Section 5-244 200. ADOPTION OF FIRE PREVENTION CODE,
a. Purpose and Intent of Fire Reaulations: It is the purpose and intent of the fire
regulations to promote high standards of quality in the constructiorf 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.
b. Adoption of Codes and Standards: There is adopted and incorporated herein by
reference as an ordinance of the City:
1. T 1~~International Fire Code Adopted. The I Tnik~ International Fire
Code as promulgated by the International Co„f r°He° of Building Offie als an
Alestem Fire -Chiefs' -Assesiatien (1 Code Council mcomoraied 2006
Edition)- together with Appendices 1 T B, r `'3 11'A, 11 B, 11 A-, 41114,
TTT G, AT A , TA7 Q' VIA, V1 B, VI 1: B, C. D. E, F, G, and Minnesota State Fire
Code Rules and Amendments ate Rules af-7~T0:2 r o
7510.3 71n is referred to as the 2007 Minnesota State Fire Code, hereby
full, by r-efefenee and ineer-per-a4ed into the City Code in whole as if heFein set ou
is here referred to as the T FG eerie 1997 Edition.) IFC.
2. Adoption of National Fire Gedz, Whenever- the Unifefm Fire Code is silefA ein
3 3 , the pr-ovision of pr-et ft sha4l Lo.
in aeeer-danee wi4h Nafiei+al Fire Code 1997 Standards Nufnber~ed 13,43A-,
101, 231-x, zgi
13177 3 13R, 14-3 7 3 9 3 ~.`0, 713~ 2A, 72B, 72C, 72D, 72L-'-7 --Y2 37`i-3 -43 3 3 3
23 1 D, and 23Ti-an their- appeid sued by 'L1iri~[`fiafiena4 Fi PTVCGGCIoIZ
ORDINANCE NO, 2009-03
C. Codes on file: The fire chief shall file one (1) copy of the r fen Fire Gede 1997
Edition i44th the State of Mimeseta Amendments, and one (1) eepy of I
Copy", International Fire Code in his/her office and a coov of the State of Minnesota
Annendices and Amendments.. and the -e Copies shall be kept available for public
inspection.
d. Definitions:
1. Whenever the word `jurisdiction" is used in the TG IFC it shall mean the City
of Brooklyn Center.
2. Whenever the term "corporate counsel" is used in the UFG IFC, it shall mean
the attorney for the City of Brooklyn Center.
3. Whenever the term "chief' is used in the UF-G IFC, it shall mean the chief of the
Brooklyn Center fire department or his designated representative.
Section 5-242 201. ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE
PREVENTION.
The fire prevention code shall be enforced by the bureau of fire prevention in the fire
department of the City of Brooklyn Center, which is hereby established and which
shall be operated under the supervision of the chief of the fire department.
2. The fire chief or the fire chief s designated representative shall be in charge of the
bureau of fire prevention.
Section 5-203 202, MODIFICATIONS. The fire '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 chief thereon shall be entered upon the records of the department and' .a
signed copy shall be furnished the applicant.
Section 5--294 203. NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH
MAY REQUIRE PERMITS. The city manager, community development director plafming
andinspec-, building official, fire inspector, and the chief of the fire department 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 chief shall post such list in a conspicuous place, upon
approval or denial by the committee, and distribute copies thereof to interested persons.
ORDINANCE NO. 2009-03
a. Anneal: Whenever the committee shall disapprove an, application or refuse to grant
the permit applied for, or when it is claimed that the provisions of the Uni€el;Fft
International Fire Code do not apply, or that the true intent and meaning of the Code
has been misconstrued or wrongly interpreted, the applicant may appeal from the
decision of the committee to the City Council, within thirty (30) days of the date of
the decision.
b. Permit Fees: The fees for any permit required by this ordinance and for each annual
renewal thereof, shall be established by resolution by the City Council of Brooklyn
Center.: All permits, unless otherwise noted, shall expire one year from the date of
issuance.
Amendments to the UFG IFC:
If doors in fire corridors, separation walls, fire doors, or smoke barrier doors are
needed 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 is
needed for this modification to a building.
d. Minimum Standards: Whenever the ~ IFC fails to be specific about a devise or
appliance, it shall have a minimum standard of being UL "Underwriter' Laboratory"
approved.
Fires and Barbecues on Balconies or Patios:
In any structure containing three or more dwelling units, no person shall kindle,
maintain, 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.
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 subsection (e).
2. 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.
f. Fire Alarm Svstems and Smoke Detectors:
1: Standards for installation, inspection and maintenance of the fire alarm system
shall be according to' standards in NFG IFC.
2. Whoever shall render a smoke detector or fire alarm system inoperable by
removing the battery or disconnecting or dismantling the detector, or fire alarm
system, in any rental, commercial or business unit, is guilty of a misdemeanor.
ORDINANCE NO. 2009-03
3. All battery-operated 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.
g. 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. No license of any person, firm, or corporation liable for the expenses
incurred in fire control as provided above shall be renewed if the licensee is default in
payment of any bill hereunder.
h. Interoretation and Conflict with the Minnesota State Buildiniz Code: In the event of a
conflict between the provisions of the T 1~ IFC or the NFG Minnesota State Building
Code and the provisions of this ordinance, the more stringent provisions shall apply,
provided, however, that no provision of this ordinance shall be interpreted to exceed
the requirement of the Minnesota State Building Code as adopted by the ordinance of
the City of Brooklyn Center.
i. OUen Burnina:
Except as authorized in this section, open burning of any material is prohibited.
This prohibition does not apply to burning conducted by governmental
authorities whieh who have secured permission from the fire chief or to outdoor
cooking using only propane or charcoal.
2. Outdoor recreational or cooking fires may be permitted subject to the following
requirements:
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Pennits shall be issued for- a ealeadar- year- and epAy on pen:nit sha4l be
oissued for- d ell: nk c*eet to the e"'"di ",1 °"#iet:e,,, e
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b 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 fifteen,(15) 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
ORDINANCE NO. 2009-03
with brick or rock. Commercially manufactured steel-outdoor fire pits may
be used provided they are not more than three (3) feet in diameter.
e b. Only clean dry wood may be burned. Woo must h ye been dfie o -eA
for- e (1) yeaf or- fner-e and eteetea t, and sm . 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.
d 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.
e 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
for extinguishing the fire.
Prior- to eeffiffieffeeffliant At hl"i
the Brooklyn Center- peliee department
sniust be notified-.
& A fire may not be allowed to bum for- more than six (6) he
e. Prevailing wind conditions shall be less than 10 miles Der hour and shall
not direct smoke toward other nearbv residences.
f. Outdoor recreational fires are Dermitted between the hours of 8:00 a.m. and
midnight. All fires must be comDletely extinguished by midnight.
a . No recreational fire shall be. Dermitted when the - city or Minnesota
Department of Natural Resources has officially declared a "burning ban"
due to Dotential fire conditions. or when the Minnesota Pollution Control
A2encv has declared an air auality alert.
h. The fire chief is authorized to require that recreational fires be immediately
extinguished if it is determined by the ehief or- the 6hiefs designated agent
law enforcement or the fire department that the fire constitutes a dangerous
condition, or causes undue hardship on neiahborina residences if
Failure to comply with any provision'of this Chapter, with the 'eenditions e
a permit, or with an order of the eWef ^v the ehie s designated agent law
enforcement or the fire department is a violation of this section and subiect
to a fine.
Section 5-24)5 204. RIGHT OF INSPECTION. The chief of the Brooklyn Center fire
department or any member of the fire department designated by the fire chief as an inspector
may, at reasonable hours, enter any building or premises for the purpose of snaking any
inspection which the fire chief deems necessary to be made.
ORDINANCE NO. 2009-03
Section 5-206 205. INSPECTOR'S DUTIES. Whenever any such officer or inspector
shall find in any building or upon any premises or other place:
a. Combustible or explosive matter or dangerous accumulation of rubbish or
unnecessary accumulation of waste paper, boxes, shavings or any highly flammable
materials, and so situated as to endanger property, or
b. shall find obstructions from any source whatsoever, including materials, articles or
merchandise, to or on fire escapes, stairs, corridors, or doors, liable to interfere with
the operation of the fire department, or egress of occupants, in case of fire, or _
C. shall find any condition on. said premises which is so likely to cause fire as thereby to
seriously endanger property or human life, or
d. shall find at any premises a violation of any ordinance of this City or law of the State
of Minnesota the continuing violation of which creates a fire hazard, then such officer
or inspector shall order the same to be removed or the condition remedied.
Section 5-20-7 206. 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 City Council of the City of Brooklyn Center, who shall
within 15 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 liable to a penalty as hereinafter provided.
Section 5-24* 207. 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 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.
Section 5-2W 208. 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 5-206 205, and the hazard the om 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 written permission.
ORDINANCE NO. 2009-03
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:
Section 5-248 209. WATER OUTLETS REQUIRED. On all commercial, industrial and other
nonresidential construction which is supplied with an adequate well there shall be provided a
four inch outside water fitting with frost-free valve so located as to be easily accessible for
connection to firefighting equipment near to an alley or road. It shall be so constructed that it
can be easily operated from the outside at all times.
Section 5-244 210. PENALTY. Any person violating any provision 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.
The hazardous condition that invoked the penalty shall be remedied within a reasonable specified
time; failure to do so shall constitute a separate offense.
ESTABLISHING FIRE PREVENTION PROVISIONS
IN INDUSTRIAL. COMMERCIAL. AND RESIDENTIAL DISTRICTS
Section 5-384 300. 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 fir-effie 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 volunteer 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 5-382 301. 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), CIA (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 (RI
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 a central station system approved and listed
by Underwriters Laboratories, Inc. and shall remain so connected and maintained during the life
of the building.
ORDINANCE NO. 2009-03
Exception: Buildings having a gross floor area less than 2,000 square feet shall not be required
to install a fire extinguishing system, provided each story of the building has at least 20 square
feet of opening above grade in each segment of the 50 lineal feet of exterior wall on at least one
side of the building.
Section 5-303 302. VARIANCES (ADJUSTMENTS). The procedure for obtaining a
variance from the requirements of this ordinance shall be the same as set out in. Section 35-240
of the ordinances of the City of Brooklyn Center.
The board of adjustments and appeals may recommend and the City Council may grant variances
from the literal provisions of this ordinance in instances where their strict enforcement would
cause undue hardship because of circumstances unique and distinctive to the specific property or
use under consideration. The provisions of this ordinance, considered in conjunction with the
unique and . distinctive circumstances related to the property or uses thereof must be the
proximate cause of the hardship; circumstances caused by the property owner or the applicant or
a predecessor in title shall not constitute sufficient justification to grant a variance. A variance
may be granted by the City Council after demonstration by evidence that all of the following
qualifications are met:
I. A particular hardship to the owner would result if the strict letter of the regulations
were carried out.
2. The conditions upon which the application for a variance is based are unique to the
parcel of land or the use thereof for which the variance is sought and are not common,
generally, to other property or uses thereof within the same zoning classification.
3. The granting of the variance will not be detrimental to the public welfare or injurious
to other property or improvements in the neighborhood.
Section 5-384 303. PENALTY. 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.
EMPOWERING THE CHIEF OF THE FIRE DEPARTMENT
TO ESTABLISH FIRE LANES AND PRESCRIBING A PENALTY
Section 5-404. 400. ORDERS ESTABLISHING FIRE LANES. The bureau of fire
prevention is hereby authorized to 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 off. 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 own expense within 30 days after he has been notified of the order.
Thereafter, no person shall leave. a vehicle unattended or otherwise occupy or obstruct the fire
lane.
ORDINANCE NO. 2009-03
Section 5-402 401. PENALTY. Any person violating any provision of this ordinance or
any order made pursuant thereto, shall be guilty of a misdemeanor and shall be punishable by a
fine of not more than one thousand dollars ($1,000), or by imprisonment not to exceed ninety
(90) days or both, with costs of prosecution in either case to be added. Each day's violation after
notice thereof shall constitute a separate offense.
Section 54 4 500. INSPECTIONS OF VENTILATION SYSTEMS. Cleaning. Any
persons, firms, or corporations performing ventilation system cleaning in the City of Brooklyn
Center shall, prior to ventilation system cleaning, at least five days in advance obtain a permit
from the Bureau of Fire Prevention for each job and pay a permit fee as established by resolution
by the City Council of Brooklyn Center. Upon completion of each job, said persons, companies,
or corporations shall notify the Bureau of Fire Prevention of the completion of the job_ and prior
to leaving the job site; allow for inspection of work by' a member of the Bureau of Fire
Prevention.
Section 5-582 501. PROHIBITED VEHICLES. It shall be illegal to park, store, or leave
unattended on any street, highway, avenue, alley or parking lot within the limits of the City of
Brooklyn Center any vehicle carrying flammable or combustible liquids including, but not
limited to, LP or propane, 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 stops for meals. Vehicles that have become disabled due to
mechanical failure must be removed within three hours.
Section 2. This ordinance shall be effective after adoption and thirty days
following its legal publication.
Adopted this 12th day of January, 2009.
Mayor
ATTEST: City Clerk
Date of Publication: January 22, 2009
Effective Date: February 21, 2009
(Stfikeeut indicates matter to be deleted, underline indicates new matter.)