HomeMy WebLinkAboutOrdinance - 7-2019 - Amending City Code Chapter 9, Related to State Fire Code - 03/14/2019 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 7-2019
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 9 RELATING TO THE MINNESOTA STATE FIRE CODE
AND FIRE ALARM SYSTEMS AND MAKING RELATED MINOR AMENDMENTS TO
CHAPTER 2 AND CHAPTER 8; 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, MINNESOTA, ORDAINS:
Section 1. Chapter 9, Section 9.05 of the City Code is hereby deleted in its entirety and replaced
with the following:
SECTION 9.05. MINNESOTA STATE FIRE CODE AND OTHER FIRE REGULATIONS.
Subd. 1. Adoption. Pursuant to Minnesota Statutes Section 299F.01I and Minnesota Rules
Chapter 7511, the Minnesota State Fire Code which incorporates by reference and amends certain
provisions of the International Fire Code (collectively referred to herein as "MSFC"), is hereby
adopted as the fire code for the City for the purpose of prescribing regulations governing conditions
hazardous to life and property from fire and explosion. Except for deletions, modifications or
amendments by this Section, every provision contained in the MSFC, together with appendices A,
B, C,D, E,F, G,H, 1, K,and L, is adopted and made a part of this Section 9.05 and shall be known
and may be cited as the "Fire Code" of the City. This Section incorporates the MSFC and adopts
future amendments in accordance with Minn. Stat. § 645.31, subd. 2. One copy of the most current
edition of the MSFC shall be marked as the official copy and will be kept on file in the office of
the City Clerk.
Subd. 2. Enforcement.
A. Pursuant to MSFC Section 103.1, the department of fire prevention is hereby established
within the City under the direction of the Fire Code Official. The MSFC and any state
statutes pertaining to fire and life safety shall be enforced by the department of fire
prevention.Members of the department of fire prevention shall be City employees and may
be appointed and removed by the Fire Chief with the consent of the City Manager.
B. The Fire Chief is hereby appointed as the Fire Code Official for the City. The Fire Code
Official may appoint a Deputy Fire Code Official and other related technical officers,
inspectors, and other employees as necessary.
Subd. 3. Amendments to the MSFC. The MSFC is amended as follows:
A. Amendments to Chapter 5 - FIRE APPARATUS ACCESS ROADS.
1. 503.3 "Marking" is amended in its entirety to read as follows:
503.3 Marking Fire Lanes. The marking of fire lanes on private
and public property shall be designated by the Fire Chief and City
Code, Chapter 8, section 8.07, Subd. 3.
2. 506.1 "Where required" is amended to add the following sentence at the end of
the section:
Key boxes shall be installed per the manufacturer's suggested
installation recommendations or as approved by the Fire Code
Official.
B. Amendment to Chapter 6 —BUILDING SERVICES AND SYSTEMS
1. 609.3.3 "Cleaning" is amended to add the following new subsection:
609.3.3.4 System Inspection Records. Contractors who perform
inspection, testing, or maintenance services on commercial kitchen
hoods within the City must electronically submit all compliant and
non-compliant reports to the Fire Department by a method approved
by the Fire Code Official, which may include payment of a fee as
prescribed by the City Fee Resolution.
C. Amendments to Chapter 9 - FIRE PROTECTION SYSTEMS.
1. 901.6.2 "Records" is amended to add the following new subsection:
901.6.2.2 System Inspection Records. Contractors who perform
inspection, testing, or maintenance services on fire and life safety
systems within the City must electronically submit all compliant and
non-compliant reports to the Fire Department by a method approved
by the Fire Code Official, which may include payment of a fee as
prescribed by the City Fee Resolution.
2. 904.11 "Commercial Cooking Systems" is amended to add the following
exception:
Exception: The requirement for protection does not include steam
kettles and steam tables or equipment which as used do not create
grease-laden vapors. The requirement shall not apply to Group R3
occupancies and individual units within Group R1 occupancies.
3. Section 907 "Fire Alarm and Detection Systems" is amended to add the
following new subsection:
907.10 Dialers. Dialers used to communicate fire alarm signals to a
central monitoring station shall be capable of sending all
addressable signals of the fire alarm panel that are required by the
Fire Code Official.
D. Amendment to Chapter 10 - MEANS OF EGRESS.
1. 1001.2"Minimum requirements" is amended to add the following sentence at the
end of the section:
No exit or part thereof shall be altered in any way unless in
conformance with Chapter 10 of the City Code.
E. Amendment to Chapter 31 - TENTS AND OTHER MEMBRANE STRUCTURES.
1. 3104.20"Standby Personnel" is amended to add the following sentence at the end
of the section:
Standby personnel shall be firefighters unless otherwise approved
by the Fire Chief.
F. Amendment to Chapter 57 —FLAMMABLE AND COMBUSTIBLE LIQUIDS.
1. 5704.1 "General" is amended to add the following paragraphs:
The provisions of this section which prohibit the storage of
flammable or combustible liquids in outside above ground tanks are
applicable to all residential zoning districts of the City. Above
ground tanks in all other districts shall meet the standards of UL
2085 and this section for an insulated and protected tank.
A permit from the Fire Department is required for temporary
installations of flammable or combustible liquid tanks used for
construction purposes.
G. Amendment to Chapter 61 —LIQUEFIED PETROLEUM GASES.
1. Chapter 61 is amended to add the following new section 6103:
6103.1 Permit. An installer must obtain a permit and plan approval
from the Fire Department prior to installation of a single container
or an aggregate of interconnected containers of 500 or more gallons
water capacity.
6103.2 Protection. 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. By a system for application of water approved by the Fire Code Official.
4. By other means approved by the Fire Code Official.
H. Amendment to Appendix K — FIRES OR BARBEQUES ON BALCONIES OR
PATIOS.
1. 1.1 "Open Flame Prohibited" is amended in its entirety to 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.
Subd.4. Modifications. The Fire Code Official shall have the authority to modify any application
of the provisions of the MSFC upon request in writing by the owner or licensee or his or her duly
authorized agent, wherein there are particular difficulties in the way of carrying out a strict
interpretation of the MSFC, provided that the spirit of the MSFC 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 Code Official thereon shall be entered upon the
records of the Fire Department and a copy thereof furnished to each such applicant.
Subd. 5. 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 Code Official 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. 6. Permits.
A. For any permit required or authorized by the MSFC or this Section, the following
provisions apply:
1. Application. Permit applications must be made to the Fire Department on forms
prescribed by the City. All questions asked or information required by the
application forms shall be answered fully and completely by the applicant. The
applicant must comply with applicable laws, regulations, ordinances, and any
additional requirements of the City.
2. Denial. The Fire Code Official may deny any permit application when the activity
for which the permit is sought violates any applicable law, statute, rule, regulation,
or ordinance or is contrary to the public health, safety, or welfare.
3. Conditions. Any permit may be subject to conditions that protect the public health,
safety and welfare.
4. Permit Fee. Upon submission of a permit application, the applicant must pay a
permit fee to the City.
5. Revocation. A permit is subject to revocation for failure to comply with permit
conditions or failure to comply with any other applicable law, rule, regulation, or
ordinance.
B. The Building Official and the Fire Chief 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 will require permits, in addition to those now enumerated in MSFC or
this Section. The Fire Code Official will post such list of required permits on the Fire
Department website and distribute copies thereof to interested persons.
Subd. 7. Emergency Service Costs.
A. 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
emergency services, including but not limited to: fire, prevention, extinguishing, rescue,
medical, clean up and related services, provided to the person, firm or corporation by the
City or contracted for by the City.
B. Assessment. Any cost herein which is not paid within 60 days of being billed may be
certified to the county auditor of any county in which the person, firm or corporation owns
real property in the State of Minnesota and shall be collected together with property taxes
levied against the property. In order to certify a charge to the auditor, the City shall on or
before September 15 provide written notice to the property owner of the City's intention
to certify the charge to the auditor. This provision does not limit in any way the City's
right to collect said costs in any other method available in law or equity.
Subd. 8. Open Burning. Open burning, recreational fires, and ground thawing/construction
material heating operations within the City are subject to all applicable federal, state, and local
laws and regulations including but not limited to the provisions of Minnesota Statutes Sections
88.15 through 88.195, the MSFC, and the City Code.
A. Open Burning. Open burning within the City of Eden Prairie shall be prohibited except
for the following.
I. Prairie Burns. Natural or restored prairie areas may be burned for management
purposes if the following requirements are met:
a. A management plan is in effect. The plan must be on file with the Fire
Department and approved by the City Forester.
b. Trained firefighting crews are present at the burn. The Fire Chief must
approve the crews.
C. An open burning permit is obtained from the Fire Department.
d. All Fire Department rules are followed.
2. Minnesota River Flood Debris Burns. A property owner may remove debris left
on the Minnesota River bank and flood plain by flood waters by open burning. An
open burning permit must be obtained from the Fire Department.
3. Recreational Fires. An open burning permit is not required for recreational fires
within the City. No more than one recreational fire is allowed on a parcel of record
or lot at one time. All Fire Department rules must be followed. Recreational fires
are prohibited when a burning ban or air quality alert is in effect.
4. 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 open burning permit is required.No burning of
combustible materials such as wood or construction debris is allowed.
5. Special Permits. The Fire Code Official is authorized to issue special open burning
permits for circumstances that may include, but are not limited to, fire department
training fires, catastrophic event debris disposal, and other similar circumstances
protective of the public health, safety, and welfare.
B. Open Burning Permit. In addition to the provisions and requirements of subdivision 6 of
this Section, open burning permits shall be subject to the following:
1. In determining whether to issue or deny an open burning permit application, the
Fire Code Official may consider such factors as atmospheric conditions,proximity
of the proposed fire to structures and other combustibles, the potential of fire
spreading, and air quality.
2. An open burning permit is subject to the condition that no burning may occur when
there is a burning ban or air quality alert in effect.
3. An open burning permit is subject to revocation by the Fire Code Official or an
officer of the Minnesota Department of Natural Resources for the following
reasons: a fire hazard existing or developing during the course of the burn; violation
of permit conditions during the course of the burn;pollution or nuisance conditions
developing during the course of the burn; a fire smoldering with no flame; or the
failure to have an attendant present during the course of the burn.
C. Costs. Open burning permit holders or persons hosting a recreational fire will be
responsible for all costs incurred as a result of the burn or recreational fire, including, but
not limited to, fire suppression and administrative fees.
Subd. 9. Appeals. Whenever the Fire Code Official shall disapprove any application or refuse to
grant a permit applied for or when it is claimed that a provision of the MSFC does not apply, or
that it has been misconstrued or wrongly interpreted, the applicant may appeal from the decision
of the Fire Code Official to the Board of Adjustments and Appeals within thirty (30) days from
the date of the decision.
Section 2. Chapter 9, Section 9.10 A, Subdivision 1.13 of the City Code is hereby amended by
deleting those words that are in str4lethfough font contained in brackets [] and adding those words
that are underlined, to read as follows:
B. Required Fire Alarm System. A Fire Alarm System that is a Required Fire Alarm
System which reports a more than [ene}three ([4}3) false alarms to the City in a
single calendar year will cause the alarm user to be charged a user fee for each false
alarm in excess of[ene}three ([4}3) per calendar year. The fee charged shall be in
accordance with the fee schedule adopted by the City Council.
Section 3. Chapter 9, Section 9.10 A, Subdivision 3.13 of the City Code is hereby amended by
deleting those words that are in str-ilet4eugh font contained in brackets [] and adding those words
that are underlined, to read as follows:
B. Remote automatic alarm systems and other related devices shall not be installed in
such a manner that an automatic alarm signal is connected to the 911 trunks. Under
specific circumstances, automatic devices with two-way voice communication may
be permitted if the Fire Chief finds that the device complies with Section
[124-5}7580.0800 Subpart 5 of the [Cede-efl Minnesota Administrative Rules and
is otherwise in compliance with the requirements of federal, state and local laws
and regulations.
Section 4. Chapter 9, Section 9.10 A, Subdivision 4 of the City Code is hereby amended by
deleting Subdivision 4 in its entirety and replacing it with the following:
Subd. 4. System Certification and Inspection, Testing, and Maintenance.
A. System Certification. All required Fire Alarm Systems installed after January 1,
1986 shall have a UL72 certificate. All required Fire Alarm Systems that are
updated, modified or replaced must have a UL72 certificate issued certifying that
the Fire Alarm System is in compliance with Adopted Codes. The certificate shall
be signed by a Qualified Fire Alarm Technician.
B. Inspection, Testing and Maintenance.
1. The Fire Alarm System alarm user shall have all Fire Alarm Systems
inspected and tested at least once per year in accordance with Adopted
Codes.
2. The Fire Alarm System alarm user shall maintain all Fire Alarm
Systems in accordance with manufacturer specifications and Adopted
Codes.
Section 5. City Code Chapter 2, Section 2.26, Subdivision 2.C.b. is hereby amended by deleting
those words that are in str-ilethfett font contained in brackets [] and adding those words that are
underlined, to read as follows:
b. Fire Code. The Board shall (a) hear and decide appeals of orders,
decisions or determinations made relative to the application and
interpretation of the []Minnesota State Fire Code as adopted
by the City, (b) conduct investigations and inquiry into matters
brought before it, (c) make all decisions and findings in writing and
give notice of them to the appellant with a duplicate copy to the Fire
[]Code Official within fifteen(15) days of the decision, and
(d) recommend to the Council such new legislation as may be
consistent therewith.
Section 6. City Code Chapter 2, Section 2.32 is hereby amended by deleting those words that are
in strilethfetigh font contained in brackets [ ] and adding those words that are underlined, to read
as follows:
Fire Department
Fire Chief
Fire [Mafshal]Code Official
Deputy Fire Code Official
Fire Inspector
Manager of Inspections/Building Official
Building Inspectors
Section 7. City Code Chapter 8, Section 8.07, Subdivision 3 is hereby amended by deleting those
words that are in strilethfeegh font contained in brackets [ ] and adding those words that are
underlined, to read as follows:
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[;] or Chief of Police[, of the Fire
Pfevenfieft Bofea ] 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[;] or Chief of Police[ e
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[;] or Chief of Police[, e�fe
P feve.,tie Buff,,.]. 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 []Chief.
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[;] or Chief of Police[;
Section 8. 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 9. 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 the 19th day
of February, 2019 and finally read and adopted and ordered published at a regular meeting of the
City Council of said City on the 5th day of March, 2019.
IV
Kath en Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Eden Prairie News on March 14, 2019.
CITY OF EDEN PRAIRIE Affidavit of Publication
HENNEPIN COUNTY,
MINNESOTA Southwest Newspapers
MINNESOTA
SUMMARY OF ORDINANCE
NO.7-2019
AN ORDINANCE OF THE State of Minnesota )
CITY OF EDEN PRAIRIE,
MINNESOTA,AMENDING CITY )SS.
CODE CHAPTER 9 RELATING
TO THE MINNESOTA STATE County of Hennepin )
FIRE CODE AND FIRE
ALARM SYSTEMS AND
MAKING RELATED MINOR
AMENDMENTS TO CHAPTER Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the
2 AND CHAPTER 8; AND publisher of the newspapers known as the Eden Prairie News and Lakeshore Weekly ADOPTING BY REFERENCE PY News and
CITY CODE CHAPTER 1 AND has full knowledge of the facts herein stated as follows:
SECTION 9.99 WHICH,AMONG
OTHER THINGS, CONTAIN (A) This newspaper has complied with the requirements constituting qualification as a legal
PENALTY PROVISIONS newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
THE CITY COUNCIL OF amended.
THE CITY OF EDEN PRAIRIE,
MINNESOTA,marry: This ordinance ORDAINS:
Summary (B)The printed public notice that is attached to this Affidavit and identified as No.. 5�
was published on the date or dates and in the newspaper stated in the attached Notice and said
amends City Code Chapter P
9, Section 9.05 relating to the Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
Minnesota State Fire Code the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
("MSFC")by: incorporating the inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
most current version of the MSFC and publication of the Notice:
and providing for the adoption of
future amendments; providing abcdefghijklmnopqrstuvwxyz
for enforcement of the MSFC ! /,
by the Fire Code Official and
designating the Fire Chief as
the Fire Code Official;amending B
certain sections of the MSFC; Laurie A.Hartmann
adding requirements for various
fire-related permits, including
open burning permits; and
revising and reorganizing the Subscribed and sworn before me on
subdivisions for consistency and
readability. The ordinance also
amends City Code Section 9.10
A relating to fire alarm systems this L/'%y of 2019
to require new compliance
reporting. The ordinance also
makes minor amendments to City
Code Sections 2.26,2.32,and 8.07. JYMME JEANNETTE BARK
Effective Date: This NOTARY PUBLIC-MINNESOTA
Ordinance shall take effect upon
publication. MY COMMISSION EXPIRES 01131I23
Ronald A.Case,Mayor No u lic
ATTEST: Kathleen Porta,City
Clerk
(A full copy of the text of
this Ordinance is available from
City Clerk.)
l d in the Thursdad
News
en Prairie
on y, March 14, RATE INFORMATION
2019,No.3503) _ Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch
Maximum rate allowed by law for the above matter...................................$31.20 per column inch
Rate actually charged for the above matter...............................................$13.62 per column inch