HomeMy WebLinkAboutOrdinance - 42-99 - Amending City Code 8.07 & 9.05 Relating to Fire Regulations - 12/07/1999 CITY OF EDEN PRAIRIE
]HENNEPIN COUNTY,NIINNESOTA
ORDINANCE NO.42-99
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, NIINNESOTA, AMENDING
CITY CODE SECTION 8.07 SUED. 3 RELATING TO PARHING HOURS AND
SIGNAGE AND AMENDING CITY CODE SECTION 9.05, RELATING TO THE
UNIFORM FIRE CODE AND OTHER FIRE REGULATIONS AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 8.99 AND 9.99 WHICH
AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,NIINNESOTA, ORDAINS:
Section 1. City Code Section 8.07, Subd. 3 is amended to read as follows:
SECTION 8.07. PARKING HOURS AND SIGNAGE.
Subd. 3. Whenever the owner or person who is in lawful possession of property is required by
City Code provisions, by the conditions precedent or applicable to the issuance of a use or
occupancy permit, or by order of the Fire Chief, Director of Public Safety Services, or the Fire
Prevention Bureau to maintain driveways, access lanes, or other areas unobstructed by parked or
stopped vehicles for the purpose of insuring ingress or egress for police, fire and emergency
vehicles, the owner or person in lawful possession of such property shall place or cause to be
placed a sign or signs and yellow paint curbing as follows:
A. A sign or signs shall be placed at appropriate locations within thirty (30) days after
notification under the supervision of the Fire Chief, Director of Public Safety Services, or
the Fire Prevention Bureau.
B. Any such sign shall be placed in such a position that it is visible to anyone attempting to
use the way, lane or area for parking and shall state: "No Parking Fire Lane—By Order
of Fire Chief."
C. Any such sign shall be permanent and non-portable except when a temporary sign is
approved by written order of the Fire Chief, Director of Public Safety Services, or the
Fire Prevention Bureau. Such sign shall not be smaller than twelve (12) inches high and
shall be white with red lettering that is at least two (2) inches high or as approved by the
Fire Marshal.
D. At the entrance to a business or an establishment where any such sign has been placed as
set forth in this Section, exception may be made for persons who discharge passengers
from their vehicles at such an entrance.
E. All curbing which borders on or is adjacent to any such way, lane or area shall be painted
yellow and maintained as directed by the Fire Chief, Director of Public Safety Services,
or the Fire Prevention Bureau.
Section 2. 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 published by the International Fire code
Institute, 1997 Edition ("Uniform Fire Code") in the form and content as adopted and amended
in parts 7510.3510 to 7510.3710, Minnesota Rules, 1998, and amendments thereto adopted
through June 29, 1998, known as the 1998 Minnesota Uniform Fire Code together with
appendices II-D,II-E, II-G,II-H, II-I,II-J,II-K,III-A, III-B,III-C,IV-B, and V-A 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 one
(1) copy is on file in the office of the City Clerk; 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 Public Safety Services, Inspections,
which is hereby established and which shall be operated under the supervision of the
Building Official and the Fire Marshal.
B. The Director of Public Safety Services,the Building Official 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 7902.2.2.1 of the MUFC in which storage of flammable
or combustible liquids in outside above ground tanks is prohibited are hereby established
as within all residential zoning districts of the City. Above ground tanks in all other
districts shall meet the standards of UL 2085 for an insulated and protected tank.
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
7701.7.2 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 Section 103—INSPECTION AND ENFORCEMENT.
1. There shall be added to 103.2.1.1 General 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.
B. Amendment to Article 2—DEFINITIONS AND ABBREVIATIONS.
. 1. Section 204-C CHIEF shall read as follows:
CHIEF The term"Chief shall mean the State Fire Marshal and shall also include
the Fire Chief or Fire Marshal of the City.
C. Amendment to Article 9, Section 904—FIRELANES.
1. 904.1 Marking Fire Lanes shall read as follows:
904.1. Marking Fire Lanes. The marking of fire lanes on private and public
property shall be designated by the Fire Chief, Director of Public Safety Services
or the Fire Prevention Bureau or pursuant to City Code, Section 8.07, Subd. 3.
D. Amendment to Article 10 FIRE PROTECTION SYSTEMS AND EQUIPMENT.
1. The exception noted following 1006.2.1 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 Rl occupancies.
E. Amendment to Article 12 MAINTENANCE OF MEANS OF EGRESS AND
EMERGENCY ESCAPES, Section 1201.1 —General.
1. 1201.1 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. Section 2601 Scope shall read as follows:
Section 2601—Scope
The storage, use and handling of flammable and combustible liquids and
woodworking operations within bowling alleys, roller skating rinks, handball or
racquetball courts, and other public assembly occupancies shall be in accordance
with Article 26.
G. Amendment to Article 32 TEMPORARY MEMBRANE STRUCTURES, TENTS
AND CANOPIES.
1. Section 3220 STANDBY PERSONNEL shall read as follows:
Standby firefighters shall be provided in accordance with Sect. 2501.18.
H. Amendment to Article 35 COVERED MALL BUILDINGS.
1. Section 3503 PERMITS shall read as follows:
Section 3503—Permits
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
Section 105, permit m.2 be allowed, unless prior approval and a permit is
obtained form the Fire Prevention Bureau.
I. Amendment to Article 61 OIL BURNING EQUIPMENT.
1. Section 6105—Fuel OR shall read as follows:
Section 6105—Fuel OR
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, Sections
299F.015.
J. Amendment to Appendix II-K — FUZES OR BARBECUES ON BALCONIES OR
PATIOS.
1. Section I — OPEN FLAME AND FUEL STORAGE PROHIBITED, 1.1 and
1.2 shall read as follows:
1.1 Open Flame Prohibited. In any structure containing three or more dwelling
units, with at least two vertically stacked, 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 15 feet of the structure.
1.2 Fuel Storage Prohibited. No person shall store or use any fuel, barbecue,
torch, or other similar heating or lighting chemical or device in the locations
designated in Sec. 1.1.
Exception: Listed electric or gas-fired barbecue grills that are permanently
mounted and 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 chief.
Subd. 7. Modifications. The Fire Marshal shall have the authority to modify any application of
the provisions of the MUFC upon request 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
Building Official, the 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 MUFC. The
Fire Marshal shall post such list of required permits in a conspicuous place in his office, and
distribute copies thereof to interested persons.
Subd. 10. Liquefied 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 or
greater, and interconnected containers in the aggregate 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. Open burning, recreational fires, and ground thawing/construction
material heating operations within the City shall be regulated by Minnesota Statutes Sections
88.15 through 88.195 and the following regulations. Permits for open burning shall be issued by
the Fire Marshal.
1. Open Burning. Open burning within the City of Eden Prairie
shall be prohibited except for the following.
2. Prairie Burns. Natural or restored prairie areas may be
burned for management purposes if they comply with the
following:
a. A management plan must be in effect. The plan must be on
file with the Fire Prevention Bureau and approved by the
City Forester.
b. Trained firefighting crews must be present at the burn. The
Fire Prevention Bureau must approve the crews.
c. A permit must be obtained from the Fire Prevention
Bureau.
d. All Fire Prevention Bureau rules must be followed.
3. Minnesota River Flood Debris Burns. Debris left on the
Minnesota River bank and flood plain by flood waters may be
removed by burning. A permit must be obtained from the Fire
Prevention Bureau.
4. Recreational Fires. Recreational fires are allowed within the
city of Eden Prairie. No permit is required. All Fire
Prevention Bureau rules must be followed.
5. Ground Thawing/Construction Material Heating. All
ground thawing and construction material heating(such as sand
piles and water for masonry work) shall be done with LP or
natural gas. No burning of combustible materials such as wood
or construction debris is allowed.
6. Public Good: When in the interest of public safety or public
.good, the Fire Marshal is authorized to issue special burning
permits. Such burning operations shall comply with all
applicable state and local regulations. These permits would
include,but not be limited to, fire department training fires and
catastrophic event debris disposal.
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 a provision of the MUFC does not apply, or
that it has been misconstrued or wrongly interpreted, the applicant may appeal from the decision
of the Fire Marshal to the Board of Adjustments and Appeals within thirty (30) days from the
date of the Fire Marshal's decisions.
Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable
to the Entire City Code Including Penalty for Violation," and Sections 8.99 and 9.99 containing
penalty provisions are hereby adopted in their entirety by reference as though repeated verbatim
herein.
Section 4. This Ordinance shall become effective from and after its passage and
publication.
FIRST�EAD at a regular meeting of the City Council of the City of Eden Prairie on the
day of �2h(.&2/� , 1999, and finally read ax�d,adopted ordered published at a
regular meeting of the City Council of said City on the nday of j 1999.
Kathl en Porta, City Clerk jJea�nL.Harris,Mayor
PUBLISHED in the Eden Prairie News on the 16A day of , 1999.
EXHIBIT A
SUMMARY OF ORDINANCE NO. 42-99
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, NIINNESOTA, AMENDING
CITY CODE SECTION 8.07, SUBD. 3 RELATING TO PARKING HOURS AND
SIGNAGE AND AMENDING CITY CODE SECTION 9.05 RELATING TO THE
UNIFORM FIRE CODE AND OTHER FIRE REGULATIONS AND ADOPTING BY
REFERENCE, CITY CODE CHAPTER 1 AND SECTION 8.99 AND 9.99, WHICH,
AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS.
The following is only a summary of Ordinance No. 42-99. The full text is available for
public inspection by any person during regular office hours at the office of the City Clerk:
The ordinance amends Section 8.07, Subd. 3 modifying certain provisions relating to the
placement of signs relating to, and maintaining, fire lanes. The ordinance amends Section 9.05
by adopting the most recent edition of the Minnesota Uniform Fire Code as amended in parts
7510.3510 and 7510.3710, Minnesota Rules 1998, together with certain appendices and
modifications. The ordinance incorporates, by reference, City Code Chapter 1 and City Code
Section 8.99 and 9.99,which contain definitions and provisions relating to penalties.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Ka een A. Porta, City Clerk jean Harris,Mayor
PUBLISHED in the Eden Prairie News on the ��G�m � lYL
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota )
- )SS.
CITY OF EDEN PRAIRIE County of Hennepin )
HENNEPIN COUNTY,
MINNESOTA
SUMMARY OF
ORDINANCE NO.42-99 Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of
AN ORDINANCE OF THE CITY the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated
OF EDEN PRAIRIE, MINNESOTA, as follows:
AMENDING CITY CODE SECTION
8.07, SUBD. 3 RELATING TO (A)This newspaper has complied with the requirements constituting qualification as a legal
PARKING HOURS AND SIGNAGE newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
AND AMENDING CITY CODE amended.
SECTION 9.05 RELATING TO THE
UNIFORM FIRE CODE AND OTHER (B)The printed public notice that is attached to this Affidavit and identified as No.
FIRE REGULATIONS AND was published on the date or dates and in the newspaper stated in the attached Notice and said
ADOPTING BY REFERENCE, CITY Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
CODE CHAPTER 1 AND SECTION the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
8.99 AND 9.99, WHICH, AMONG inclusive,and is hereby acknowledged as being the kind and z of type used in the composition
OTHER THINGS, CONTAIN and publication of the Notice:
PENALTY PROVISIONS. abcdefghijklmnopgrstuv x
The following is only a
summary of Ordinance No.42-99.The
full text is available for public inspection
by any person during regular office hours By:
at the office of the City Clerk: U Van RYfsru'dC,4er3h1Aager
The ordinance amends Section or his designated agent
8.07,Subd.3 modifying certain provisions
relating to the placement of signs relating Subscribed and sworn before me on
to, and maintaining, fire lanes. The
ordinance amends Section 9.05 by
adopting the most recent edition of the
Minnesota Uniform FireCodeas amended this/ day of9 1999
in parts 7510.3510 and 7510.3710,
Minnesota Rules 1998, to ether with >? GWEN M. RADUENZ
g s=r" NOTARY PL'B:.IC—NNNESOTA
certain appendices andmodifieations.The - MY COMMISSION EXPIRES 1-31-M
ordinance incorporates,by reference,City
Code Chapter I and City Code Section
H.99 and 9.99,which contain definitions
and provisions relating to penalties. Notary Public
Effective Date: This Ordinance shall
take effect upon publication.
Jean L.Harris,Mayor
ATTEST:
Kathleen A.Porta,City Clerk
(Published in the Eden Prairie News on RATE INFORMATION
Thursday,December 16, 1999;No.3222 Lowest classified rate paid by commercial users for comparable space..$17.00 per column inch
Maximum rate allowed by law for the above matter..............................$17.00 per column inch
Rate actually charged for the above matter..............................................$8.78 per column inch