HomeMy WebLinkAboutOrdinance - 12-92 - Amending City Code Chapter 9 RE: Fire Code , Use of Mitchell and Red Rock Lakes - 05/05/1992 . CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 12-92
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,A NNESOTA,AMENDING CITY
CODE CHAPTER 9, SECTION 9.05 RELATING TO THE UNIFORM FIRE CODE AND
OTHER FIRE REGULATIONS; SECTION 9.65 RELATING TO REGULATION OF USE
OF MITCHELL LAKE;SECTION 9.66 RELATING TO REGULATION OF USE OF RID
ROCK LAKE; AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 9.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS:
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MPUWSOTA, ORDAINS:
Section 1. Eden Prairie City Code Section 9.05 is amended to read as follows:
"SECTION 9.05. UNIFORM FIRE CODE AND OTHER FIRE REGULATIONS.
Subd. 1. Adoption. There is hereby adopted by the City for the purpose of prescribing regulations governing
conditions hazardous to life and property from fire and explosion that certain code known as the Uniform Fire Code
as promulgated by the International Conference of Building Officials and the Western Fire Chiefs Association, 1988
• Edition("Uniform Fire Code") in the form and content as adopted and amended in parts 7510.3100 to 7510.3270
part 3280 subparts 2-5 thereof, Minnesota Rules, 1989, and amendments thereto adopted through September 25,
1989,known as the Minnesota Uniform Fire Code together with appendices I-A, I-C,II-A,II-B, II-C,H-D,IV-A,
V-A and VI-D of the Uniform Fire Code, hereinafter referred to as "MUFC" and the whole thereof, save and
except such portions as are hereinafter deleted, modified or amended by Subd. 6 of this Section of which code one
(1) copy is on file in the office of the City Clerk-Treasurer; and the same is hereby adopted and incorporated as
fully as if set out at length herein, and from the date on which this Section shall take effect, the provisions thereof
shall be controlling.
Subd. 2. Establishment and Duties of Fire Prevention Bureau.
A. The MUFC and any State statutes pertaining to fire and life safety shall be enforced by the Fire Prevention
Bureau in the Department of Inspections, Safety and Facilities,which is hereby established and which shall
be operated under the supervision of the Director of Inspections,Safety and Facilities and the Fire Marshal.
B. The Director of Inspections, Safety and Facilities or the Fire Chief may,but is not limited to,appoint such
members of the Fire Department as inspectors as shall from time to time be necessary.
Subd. 3. Definitions. Wherever the word "jurisdiction" is used in the MUFC, it shall mean the City of Eden
Prairie.
Subd. 4. Storage of Flammable or Combustible Liquids in Outside Above Ground Tanks.
A. The limits referred to in Section 79.501 of the MUFC in which storage of flammable or combustible liquids
in outside above ground tanks is prohibited are hereby established as within the boundaries of the City.
B. Temporary installations of flammable or combustible liquid tanks used for construction purposes will be
allowed with a permit obtained from the Fire Prevention Bureau.
Subd. 5. Storage of Explosives and Blasting Agents. The limits referred to in Section 77.106(b)of the MUFC
• in which storage of blasting agents is prohibited shall be within the boundaries of the City.
Subd. 6. Amendments of the MUFC. The MUFC is amended as follows:
A. Amendments to Article 2 Division I (Organization and Authority).
1. There shall be added to Sec. 2.101 (Responsibility for Enforcement) number 9 as follows:
9. The means and adequacy of each exit in the event of fire from all places in
which people work, live or congregate from time to time for any purpose.
2. Sec. 2.102(c) (Chief Defined) shall read as follows:
(c) Chief Defined. Wherever the term "Chief" appears in Articles 2 to 87 or
in the Appendix of this code, it shall mean State Fire Marshal, except that it
shall also include the Fire Chief or Fire Marshal of the City.
B. Amendment to Article 2 Division II (Duties and Procedures).
1. Sec. 2.304(b) (Recognized Standards) shall read as follows:
(b) Recognized Standards. Whenever this code is inapplicable for any reason
to any situation involving the protection of persons and property from the
hazards of fire and explosion, the materials, methods of construction,
installations,practices,or operations necessary to provide such protections shall,
• to a reasonable degree,be in accordance with nationally recognized and accepted
standards, principles and tests and generally recognized and well established
methods of fire prevention and control as set forth in the 1990 National Fire
Code of the National Fire Protection Association(NFPA)which is adopted by
reference as part of this code as though set forth herein in its entirety.
C. Amendment to Article 10 Division II (General Provisions).
1. Sec. 10.207 (m) (Marking Fire Lanes) shall read as follows:
(m) Marking Fire Lanes. The marking of fire lanes on private and public
property shall be designated by the Fire Prevention Bureau.
D. Amendments to Article 10 Division III (Installation and Maintenance of Fire-Protection, Life-Safety
Systems and Appliances) of the MUFC.
1. Sec. 10.301 (f) (Approval and Testing) shall read as follows:
(f) Approval and Testing. All fire alarm systems, fire hydrant systems, fire
extinguishing systems(including automatic sprinklers),wet and dry standpipes,
basement inlet pipes,and other fire protection systems and appurtenances thereto
shall meet the approval of the Fire Marshal as to installation and location and
shall be subject to such periodic tests as required by the Fire Marshal. Plans
and specifications shall be submitted to the Fire Marshal for review and approval
prior to issuance of a building permit.
2. Sec. 10.302(b) (Systems in High-rise Buildings)shall read as follows:
• (b)Systems in High-rise Buildings. The building owner shall be responsible for
assuring that the fire and life safety systems required by Sections 1807 and 1907
of the Uniform Building Code shall be maintained in an operable condition at
all times. Unless otherwise required by the Fire Marshal,quarterly tests of such
systems shall be conducted by qualified persons. A written record shall b--
maintained and be made available to the inspection authority.
3. The exception noted following Sec. 10.313 (a) (Where Required) shall read as follows:
EXCEPTION: The requirement for protection does not include steam kettle and
steam tables or equipment which as used does not create grease-laden vapors.
The requirement shall not apply to Group R3 occupancies and individual units
within Group R1 occupancies.
4. Sec. 10.314(Basement Sprinkler Protection) shall be added and shall read as follows:
Basement Sprinkler Protection. Sec. 10.314.
(a) General.
(1) The areas referred to in this section shall be the areas
enclosed by exterior walls or fire walls or a combination
thereof, except that in buildings of fire-resistive construction
the areas shall be those enclosed by exterior walls, fire walls
or walls of non-combustible material having a fire-resistive
rating of not less than two hours or a combination thereof.
(2) Combustible goods or merchandise referred to in this
section shall include those made of wood, paper or rubber;
those containing combustible and/or flammable liquids; those
packed with excelsior, paper or foamed plastic; and other
goods or merchandise of equivalent or greater combustibility.
(b) Installation Required in Existing Basements and Cellars.
(1)Approved automatic sprinkler systems shall be installed in
all existing basement and cellar areas exceeding 1,500 square
feet, when used for the manufacture, sale or storage of
combustible goods or merchandise in an office, commercial,
industrial, bowling alley or restaurant use (not including
garages which meet the requirements of the Building Code).
(2) In buildings used for assembly, educational, and
institutional occupancies,approved automatic sprinkler systems
shall be installed in portions of basement areas used for
workshop or storage spaces when the total of such spaces
exceeds 1,500 square feet. Where the total of these spaces
exceeds 5,000 square feet, the entire basement or cellar area
shall be sprinklered.
EXCEPTION: Basements or cellars having approved exterior
wall openings as specified in the Building Code.
(c) Installation. Automatic sprinkler systems shall be installed so as to provide
• reasonable safety to persons and property. Installation of automatic sprinkler •
systems in accordance with NFPA No 13 shall be evidence that such automatic
sprinkler systems provide reasonable safety to persons and property.
E. Amendment to Article 12 Division I (Maintenance of Exits).
1. Sec. 12.101 (Scope) shall have the following paragraph added:
No exit or part thereof shall be altered in any way unless in conformance with
Chapter 10 of the City Code.
F. Amendment to Article 26 (Resurfacing and Refinishing).
1. Sec. 26.101 (General) shall read as follows:
Sec. 26.101. Bowling alleys, roller skating rinks, handball or racquetball
courts, and other public assembly occupancies shall conform to all other
applicable requirements of this code, as well as the following provisions.
G. Amendment to Article 32(Tents, Canopies and Temporary Membrane Structures).
1. Sec. 32.110(Standby Personnel) shall read as follows:
Sec. 32.110. Standby firefighters shall be provided in accordance with Sec.
• 25.117.
H. Amendment to Article 35 (Covered Mall Buildings).
1. Sec. 35.103 (Permits) shall read as follows:
Sec. 35.103. No combustible goods,merchandise,vehicles or decorations shall
be displayed or stored in an enclosed mall, skyway, tunnel or court, nor shall
any use covered by 4.108(m)2. be allowed, unless prior approval and a permit
is obtained from the Fire Prevention Bureau.
I. Amendment to Article 49 (Welding and Cutting Using Calcium Carbide and Acetylene).
1. Sec. 49.101 (General Requirements) (c) shall read as follows:
Sec. 49.101. A permit shall be required for welding or cutting operations. See
Sec. 4.108. This permit shall not be required for each welding or cutting job
location. All persons shall notify the Fire Marshal in advance where such work
is taking place, except where such work is done in response to an emergency
call that does not allow for the Fire Marshal to be notified in advance of the
work. The requirement to notify the Fire Marshal does not apply to welding
operations conducted on the premises of a commercial or industrial establishment
engaged primarily in work requiring welding operations or to new building
construction.
• J. Amendments to Article 61 (Oil Burning Equipment).
1. Sec. 61.103 (Design, Construction and Installation)shall read as follows:
Sec. 61.103. The installation shall be made in accordance with the instructions
of the manufacturer, the Minnesota Heating, Ventilation,Air Conditioning and
Refrigeration Code, and NFPA 31.
2. Sec. 61.105 (Fuel Oil) shall read as follows:
Sec. 61.105. The grade of fuel oil used in a burner shall be that for which the
burner is approved and as stipulated by the manufacturer. Crankcase oil or any
oil containing gasoline may only be used in units designed for such use, and
approved by a nationally recognized testing agency. The installation and use of
waste oil burners shall conform to the provisions of Minnesota Statutes, 1990,
Section 299F.015.
K. Amendment to Article 79 Division IX(Service Stations).
1. Sec. 79.903 (Dispensing Services) is amended by adding subsection(h)which
shall read as follows:
(h) Dwelling Units. No dwelling unit or sleeping facility for owner, operator
or employee shall be maintained in or on the premises of self-service stations
closer than 100 feet from Class I flammable liquid self service dispensing
devices, or 50 feet from Class II flammable liquid self-service dispensing
devices.
Subd. 7. Modifications. The Fire Marshal shall have the authority to modify any of the provisions of the MUFC
upon application in writing by the owner or licensee or his duly authorized agent, wherein there are particular
difficulties in the way of carrying out a strict interpretation of the MUFC, provided that the spirit of the MUFC
shall be observed, public safety secured, and substantial compliance achieved. The reasons for each such
modification when granted or allowed, and the decision of the Fire Marshal thereon shall be entered upon the
records of the Fire Prevention Bureau and a copy thereof furnished to each such applicant.
Subd. 8. Central Fire Alarm System. Every school building,dormitory, hospital,nursing or rest home, hotel,
motel, or boarding home, and such other premises similarly used, which are designated in writing by the Fire
Marshal upon notice to the owners thereof, shall install and maintain a fire alarm system which is connected directly
to a central alarm station. Any such structure erected or established hereafter shall be connected to the above
described system before the commencement of any such use, or uses, therein.
Subd.9. New Materials,Processes or Occupancies Which May Require Permits. The Director of Inspections,
Safety and Facilities,the City Fire Chief,and 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 shall post such list of said permits
in a conspicuous place in his office, and distribute copies thereof to interested persons.
Subd. 10. Liquified Petroleum Gases.
A. Where a single container or the aggregate of interconnected containers is 500 or more gallons water
capacity, the installer shall obtain a permit and plan approval from the Fire Prevention Bureau.
B. All single container installations with a total water storage capacity of 2,000 gallons water capacity or
greater, or where the aggregate of interconnected containers is greater than 2,000 gallons, shall be
protected by one or more of the following methods:
1. Buried in an approved manner.
• 2. Mounded in an approved manner.
3. Protected by an approved system for application of water.
4. Protected by other approved means.
Subd. 11. Emergency Situation and Fire 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 the costs
of fighting, preventing, extinguishing, or cleaning up any fire or explosion or the deposit of any substance or
material detrimental to the health or safety of persons or property caused by or resulting from his or its act,
negligence or omission.
Subd. 12. Open Burning. Minnesota Rules, 1989, as adopted or amended through August 13, 1990, parts
7005.0700 to 7005.0820 entitled"Open Burning"are adopted as if set out herein in full. Permits for open burning
shall be issued by the Fire Marshal.
Subd. 13. Appeals. Whenever the Fire Marshal shall disapprove any application or refuse to grant a permit
applied for or when it is claimed that the provisions of the code do not apply, or that it has been misconstrued or
wrongly interpreted, the applicant may appeal from the decision of the Fire Marshal to the Building Code Board
of Appeals within thirty(30) days from the date of the Fire Marshal's decisions."
Section 2. Eden Prairie City Code Section 9.65 is hereby amended to read:
"SECTION 9.65. REGULATION OF USE OF MITCHELL LAKE.
It is unlawful to operate any watercraft, vessel, or boat on Mitchell Lake with a motor except one motor of ten(10)
or less horsepower. Authorized resource management, emergency and enforcement personnel are exempt from this
provision when acting in the performance of their assigned duties. A temporary exemption permit may be granted
• upon the approval of the Board of Adjustments and Appeals."
Section 3. Eden Prairie City Code Section 9.66 is hereby amended to read:
"SECTION 9.66. REGULATION OF USE OF RED ROCK LAKE.
It is unlawful to operate any watercraft, vessel, or boat on Red Rock Lake with a motor except one motor of ten
(10)or less horsepower. Authorized resource management, emergency and enforcement personnel are exempt from
this provision when acting in the performance of their assigned duties."
Section 4. City Code Chapter 1, entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99, entitled
"Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though
repeated verbatim herein.
Section 5. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on
May 5 , 19 92 and finally read and adopted and ord d published at a regular
meeting of the City Council of said City on the 19th day o May j , 102,
! -Z
Douglas k. Tenpas, Mayor
ATTEST:
John e, City Clerk
PUBLISHED in the Eden Prairie News on the 4 th day of June, 1992
REPUBLISHED in the Eden Prairie News on the 25th day of June, 1992.
Amending Chapter 9 City C4
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 12-92
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNFESOTA, AMENDING CHAPTER 9
REGARDING THE UNIFORM BUILDING CODE AND BOATING REGULATIONS,AND ADOPTING
BY REFRERENCE CITY CODE CHAPTER 1 AND SECTION 9.99, WHICH, AMONG OTHER
THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, NIINNESOTA, ORDAINS:
Summary: This ordinance amends Chapter 9 of the City Code regarding Uniform Building
Fire Code requirements in conformance with State Statutes, and amends the boat regulations on Mitchell Lake
and Red Rock Lake to allow use of no more than one motor on a boat.
Effective Date: This Ordinance shall take effect the day after publication. .
ATTEST:
/s/ John D. Frane /s/Douglas B. Tenpas
City Clerk Mayor
PUBLISHED in the Eden Prairie News on the ' 4 th day of June , 1992.
REPUBLISHED in the Eden Prairie News on the 25th day---oT June, 1992.
(A full copy of the text of this Ordinance is available from City Clerk.)
Amending Chapter 9 City Code
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 12-92
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND
FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFRERENCE CITY CODE
CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance amends Chapter 9 of the City Code regarding Uniform Building
Fire Code requirements in conformance with State Statutes, and amends the boat regulations on Mitchell Lake
and Red Rock Lake to allow use of no more than one motor on a boat.
0 Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
/s/ John D. Frane /s/Douglas B. Tenpas
City Clerk Mayor
PUBLISHED in the Eden Prairie News on the day of , 1992.
(A full copy of the text of this Ordinance is available from City Clerk.)
•
Affidavit of Publication
- - Southwest Suburban Publishing
Amending Chapter 9 City Code
CITY OF EDEN PRAIRIE
HE+NNEPIN COUNTY,MINNESOTA
ORDINANCE NO.12-92 State of Minnesota )
AN ORDINANCE OF THE CITY OF
EDEN PRAIRIE,MINNESOTA, )SS.
AMENDING CHAPTER 9
REGARDING THE UNIFORM County of Hennepin )
BUILDING CODE AND BOATING
REGULATIONS,AND ADOPTING Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of the
BY REFERENCE CTTY CODE newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated as follows:
CHAPTER 1 AND SECTION 9.99,
WHICH,AMONG OTHER THINGS, (A)This newspaper has complied with the requirements constituting qualification as a legal newspaper,
CONTAIN PENALTY PROVISIONS as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended.
THE WY ODUNC LOF THE CITY
OF EDEN PRAIRIE, MINNESOTA, (B)The printed public notice that is attached to this Affidavit and identified as No. was
ORDAINS: published on the date or dates and in the newspaper stated in the attached Notice,and said-Notice is
Summary: This ordinance amends hereby incorporated as part of this affidavit. Said notice was cut from the columns of the newspaper
Cat ter 9 of the City Code regarding specified.Printed below is a copy of the lower case alphabet from A to Z,both inclusive,and is hereby
Building acknowledged as being the kind and size of type used in the compositi and publication of the Notice:
Code requirements in confor-
mance with State Statutes,and amends abcdefghijklmnopgrstuv«-,
then boat regulations on Mitchell Lake
and Red Rock Lake to allow use of no
more than one motor on a boat.
Effective Date:This Ordinance shall By:
take effect the day after publication. 0.11 V Stan Rolfsrud,Gen a f Tifanager
ATTEST:
/s/John D.Frane
City Clerk Subscribed and sworn before me on
/s/Douglas B.Tenpas
Mayor
(A full copy of the text of this Ordinance
is available from City Clerk.) this day of LV ,1992
(Published in the Eden Prairie News
Thursday,June 25,1992;No.6493)
=.:3TA
NotaryPublic
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space ........ $13.50 per column inch
Maximum rate allowed by law for the above matter....................................$13.50 per column inch
Rate actually charged for the above matter....................................................S6.13 per column inch
•
•
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota )
)SS.
Amen& Chapter 9 City Code County of Hennepin
CTTT OF EDEN PRAIRIE Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of the
HENNEPIN COUNTY,MINNESOTA newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated as follows:
ORDINANCE NO.12-92
AN ORDINANCE OF THE CITY (A)This newspaper has complied with the requirements constituting qualification as a legal newspaper,
OF EDEN PRAIRIE, MINNESOTA, as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended.
REMOVING CERTAIN LAND FROM
ONE ZONING DISTRICTAND PLAC- (B)The printed public notice that is attached to this Affidavit and identified as No.& was
ING IT IN ANOTHER, AMENDING published on the date or dates and in the newspaper stated in the attached Notice,and said otice is
THE LEGAL DESCRIPTIONS OF hereby incorporated as part of this affidavit. Said notice was cut from the columns of the newspaper
LAND IN EACH DISTRICT, AND specified.Printed below is a copy of the lower case alphabet from A to Z,both inclusive,and is hereby
OPTING BY REFERENCE CITY acknowledged as being the kind and size of type used in the composition and publication of the Notice:
CODE CHAPTER 1 AND SECTION
1199, WHICH, AMONG OTHER abcdefghijklmnopgrstu yz
THINGS,CONTAIN PENALTY PRO-
VISIONS
THE CITY COUNCIL OF THE CITY
OF EDEN PRAIRIE, MINNESOTA, By:
ORDAINS: St W Rolf sru ,Genera ger
Summary: This ordinance amends
Chapter 9 of the City Code regarding
Uniform Building Fire Code requirements Subscribed and sworn before me on
in onformance with State Statutes,and
amends the boat regulations on Mitchell
Lake and Red Rock Lake to allow use of ERESA fA. LAW
no-more than one motor on a boat. thi day of 1992 3T;wr PUBLIC
r,Date•This Ordinance shall 7757-
F-9active ':::��it� COUNTY
take effect upon publication. '�.�-:�
ATTEST: b "
/s/John D.Frane
City Clerk otaryPublic
/s/Douglas B.Tenpas
Mayor
(A full copy of the text of this'Ordinance
is available from City Clerk.) RATE INFORMATION
(Published in the Eden Prairie News Lowest classified rate paid by commercial users for comparable space ........ $13.50 per column inch
Thursday,June 4,1992;No.6474) Maximum rate allowed by law for the above matter....................................$13.50 per column inch
Rate actually charged for the above matter....................................................$6.13 per column inch
•