Fire Prevention and Charges Recovery Ordinance

Ordinance No. 070917: Fire Prevention and Protection Ordinance

The Charter Township of Genoa ordains:

Section 1: In General

Scope, Purpose and Intent:

It is the intent that the Brighton Area Fire Authority and its successors have full authority and responsibility over the operations of the fire services for the Charter Township of Genoa.

Section 2: Fire Services Financing

The Township shall provide for payment of its appropriate share of any debts incurred by the authority in accordance with the agreement(s) with the authority or its participating municipalities. The Township may purchase necessary equipment; and/or construct public building for uses incidental to the maintenance and operation of the fire services.

Section 3: Interference/Misrepresentation

No person shall interfere with or prevent a member of the Brighton Area Fire Department from executing appropriate responsibilities regarding an officially dispatched emergency and/or duty appointed responsibilities of their assigned position. No person shall represent him/herself or otherwise claim to be a member of the department unless duly designated by the Brighton Area Fire Authority.

Section 4: Soliciting Donations

• A. Fund-raising activities on the behalf of the Brighton Area Fire Authority shall not be conducted in the name of the Charter Township of Genoa except as permitted by the Brighton Area Fire Authority.

Section 5: Fire Prevention Code

• A. Adoption of the International Fire Code.
  
  A certain document, copies of which are on file in the following locations, office of the Fire Marshal for the Brighton Area Fire Department, Charter Township of Genoa Building Department, being marked and designated as the International Fire Code, current edition, as published by the International Code Council, is hereby adopted as the Fire Prevention Code of the Charter Township of Genoa, Livingston County, Michigan, for the control of building, structures and premises as herein provided; and each and all of the regulations, provisions, penalties, conditions, and terms of the International Fire Code including all appendix are hereby referred to, adopted and made a part hereof, as if fully set out in this Code, including the additions, insertions, deletions, and changes, set forth
  
  (State law reference-Authority to adopt technical Codes by reference, MCL 117.3(k), MSA 5.2073(k).

Section 7: Prohibited Parking; Exception; Bus-Loading Zone; Violation as Civil Infraction

• A. A vehicle shall not be parked, except in compliance with the law or the directions of a Police Officer, Fire Official / personnel or traffic-control device, in any of the following places:
  
  • a. Within 26 feet of a fire hydrant.
  • b. Within 50 feet of the driveway entrance to a fire station and within 75 feet of a fire station entrance on opposite side of street if properly marked by an official sign.
  • c. Alongside or opposite a street excavation or obstruction, if the stopping, standing, or parking would obstruct traffic.
  • d. Within 500 feet of an accident at which Police Officer, Fire Official / personnel is in attendance.
  • e. In a place or in a manner that blocks immediate egress from an emergency exit conspicuously marked as an emergency exit of a building.
  • f. In a place or in a manner that blocks or hampers the immediate egress from a fire escape conspicuously marked as a fire escape providing an emergency means of egress from a building.
  • g. Within 500 feet of a fire at which fire apparatus is in attendance. However, fire fighters responding to the fire may park within 500 feet of the fire in a manner not to interfere with fire apparatus at the scene. A vehicle parked legally previous to the fire is exempt from this subdivision.
  • h. In a place or in a manner that blocks access to a space clearly designated as a fire lane.

Section 8: Towing and Storage Costs

In addition to the above violation penalties, a person who violates this section shall be responsible for all vehicle towing and storage costs incurred if the Fire Chief and/or his/her designees, as defined in Section 109.4 (2) herein, determines that the vehicle parked in violation of section 109.4 must be towed to insure public safety and/or fire department access to a building or emergency scene.

Section 9: False Alarms; Inspections; Orders to Correct

Upon the third false alarm received within a one (1) year period, the occupant/owner shall be charged the total cost incurred, based on the prices as described in this Brighton Area Fee Schedule, and will be charged for each additional false alarm until a period of one (1) year has passed without a false alarm. These costs shall include but not be limited to all apparatus put into service and all personnel responding to the call. Furthermore the alarm system shall be required to be upgraded to meet the current UL certification requirements.

• A. Upon written notice to the occupant/owner of the alarm system by the Fire Marshal or Fire Code Official, the owner of lessee shall have the system inspected by an alarm system contractor who shall, within fifteen days, file a written report to the Fire Marshal or Fire Code Official and the owner or lessee of the result of his/her inspection, the probable cause of the false alarms and his/her recommendation for eliminating false alarms.
• B. Upon receipt of the report, the Fire Marshal or Fire Code Official shall forward the same to the owner or lessee, ordering corrections, based upon recommendations contained in the report.
• C. The owner or lessee shall have three working days from the receipt of the order to make such corrections. Thereafter, to defray the cost of responding to false alarms, the owner or lessee of an alarms system shall pay to the Fire Authority the amount of the response as per the cost recovery fees for each false alarm received and responded to by the Fire Department during the calendar year in which the order to correct the system was issued. The amount due to the Fire Authority shall be paid forthwith upon demand by the Fire Department and if not so paid, the Fire Authority and/or designee shall have the right, along with all of the other rights it may have, to impose a lien on the real and personal property of the owner or lessee and such lien shall be enforced in the same manner as are delinquent taxes.

Section 10: Misrepresented False Alarms

• It shall be unlawful for any person to summon, in any way, the Fire Department unless a valid reason for their response is present. The Fire Chief and/or his/her designee shall have the authority to issue citation to any person causing a false alarm, if the person causing a false alarm is a minor, the fines shall be the responsibility of the minor's parent or legal guardian.

Section 11: General Definitions

The following definitions shall be in addition to the definitions noted in the International Fire Code current edition.

• A. "Brighton Area Fire Department Board". The governing body of the Brighton Area Fire Department.
• B. "Brighton Area Fire Department" The organization of the Fire Department responsible for the daily operations.
• C. "Code Official" The Fire Chief, Fire Marshal, Fire Inspector, or other designated authority charged by the applicable governing body with the duties of administration and enforcement of the Code, or duly authorized representative. The term "Fire Official" may be used interchangeably with "Code official" in this Code.
• D. "Conflict of Interest" A conflict between the private interests and the official responsibilities of a person in a position of trust.
• E. "False Alarm" Means the activation of an alarm system through mechanical failure, malfunction, improper installation or the negligence of the owner or lessee of an alarm system or his/her employee or agent. "False alarm" does not include the alarm caused by severe weather or other violent conditions beyond the control of the owner or lessee of an alarm system or his/her employee or agent.
• F. "Farm" Means the land, plants, animals, buildings, structures, including ponds used for agricultural or aquacultural activities, machinery, equipment, and other appurtenances used in the commercial production of farm products. MCL 286.472(1).
• G. "Farm Operations" Means the operation and management of a farm or a condition or activity that occurs at any time as necessary on a farm in connection with the commercial production, harvesting, and storage of farm products. MCL 286.472(b).
• H. "Fire Watch" A temporary measure intended to ensure continuous and systematic surveillance of a building or portion thereof by one or more qualified individuals for the purpose of identifying and controlling fire hazards, detecting early signs of unwanted fire, raising an alarm of fire and notifying the Fire Department by method(s) approved or recommended by the Code official.
• I. "Misrepresented False Aram" The willful and knowing initiation or transmission of a signal, message or other notification or event or fire or the emergency when no danger exists.
• J. "Water Capacity" The amount of water, in either pounds or gallons, at 60 deg. F (15.6 deg. C) required to fill a container full of water.

Section 12: Local Burning Ordinances Preserved

Nothing in this Code shall be construed as prohibiting a Township or City served by the Brighton Area Fire Authority from regulating matters of open burning by duly adopted local ordinance, whether or not such ordinance predates the adoption of this Code. In the event of a conflict between this Code and the ordinance in force and adopted by the Township or City wherein the location in question lies, the local ordinance shall be deemed to supersede this Code and control, for so long as it remains in force. Notwithstanding any superseding local ordinance, however, the Fire Chief, Fire Marshal, or Fire Code official shall retain the authorization under Section 307.7 of this Code to ban all open burning if conditions warrant.

Section 13: Fires on Public and Private Property

No person, partnership, firm, association, corporation, or any other legal entity, shall within the limits of Charter Township of Genoa, set any fire, burn, or cause to be burned, at any time any materials, including by not limited to, any building debris or materials, trees, tree stumps, or other combustibles, on any lot or parcel of ground within Charter Township of Genoa, excepting between sunrise and sunset only (a) leaves, brush, twigs, and tree limbs which may be burned, providing the fire is tended by an adult and adequate fire containment methods are present when burning occurs and (b) domestic fires, camp fires, and special fires as authorized by section 307.1.4 of this Code.

Section 14: Foul Odors

No person or legal entity shall burn garbage, animal carcasses, refuse, trash, rubbish, or like materials giving off foul odors, at any time. This section applies to domestic, commercial, and industrial fires.

Section 15: Domestic Camp and Special Event Fires

• A. Domestic Fire is any fire around a home or place of residence, within the curtilage of said dwelling where the materials to be burned has been properly placed in a burner constructed of metal or masonry with an approved spark arrestor with openings no larger than ¾ of an inch. Burners of metal drums of portable-type shall not be located less than twenty-five (25) feet away from any building or less than five (5) feet from the adjoining property line.
• B. Camp fires or barbecue type fires are those fires located within the immediate vicinity of the camp or place of residence and that are contained within a metal or masonry type burning container and supervised at all times by an adult. No permit shall be required for domestic fires and camp fires.
• C. Special event fires are those which are normally incident to commemorative or celebration events that are put on by schools, municipalities, and other charitable type organizations. A person, partnership, firm, association, corporation, or any other legal entity seeking a special event fire must first make an application to obtain from Brighton Area Fire Department a permit for such a fire. The Brighton Area Fire Department shall be notified at least seven (7) days in advance of any special event fires.

Section 16: Fire Department Training

• A. Open burning is allowed for the purpose of training fire fighters in fire fighting practice, or for the purpose of training the public, including workers or employees, or for the purpose of demonstration by the fire official or other trained fire personnel, when such burning is done in accordance with accepted practices.

Section 17: Banning Open Burning

• A. The Fire Chief, Fire Marshal, or Fire Code Official shall be authorized to issue a ban on all open burning if conditions are too hazardous in the opinion of the Fire Code Official to allow open burning, open flame, etc.

Section 18: Address Numbers

• A. New and existing buildings shall have approved numbers, building numbers, or approved building identification placed in a position to be plainly legible and visible from the street or road fronting this property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabet letters. Numbers shall be a minimum of 6 inches high with a minimum stroke of 0.5 inches for commercial / multifamily occupancies, and a minimum of 3 inches high with a minimum stroke of .5 inches for one and two-family dwellings.

Section 19: Locks and Key Switches

• A. An approved lock or key switch shall be installed on gates or similar barriers when required by the Code official.

Section 20: Lock Box Locations

• A. Lock box shall be located within view of the front main door or in a location approved by the Brighton Area Fire Authority Fire Marshal Division. The lock box shall be mounted at a minimum height of 60 inches and a maximum height 72 inches.
  
  A label on the front main door will indicate the use of a lock box. This department will be notified that a lock box was installed. The lock box shall be operable by this department Knox box key. The lock box shall contain keys to all lockable doors, locks, an emergency contact list, and other items as required by the Code Official. All items within lock box shall be maintained current. If a required item within the box is changed, the fire department shall be notified within 10 days to have the lock box updated. Exception: One and Two Family Dwelling Units.

Section 21: Installations

• A. Before any fire suppression system or fire alarm system component is installed, enlarged, extended or modified, a permit shall be obtained from the Code Official. This shall include any device or relay connected to or controlled by the fire suppression system. A qualified installer who is properly licensed and/or certified to perform such work as determined by the Code Official must perform all work. Construction documents shall be reviewed by the Code Official prior to the issuance of the permit. Upon issuance of the permit, the permit must be posted at the job site in plain view.

Section 22: Required Pressure Margins

• A. Due to unforeseeable and changing conditions within the water supply, the Code Official is authorized to require a pressure margin of up to 20 lbs. over the minimum design criteria for installed automatic fire sprinkler systems. Where this margin cannot be achieved, approved means shall be taken to provide this margin.

Section 23: Annunciation

• A. Where fire suppression systems exist in multi-tenant occupancies, i.e., strip malls, separate annunciation shall be required for each separately addressed tenant space unless otherwise approved by the Code Official.

Section 24: Temporal Code-3

• A. Audible alarm notification appliances shall sound in temporal Code-3 pattern as approved by the Code Official.

Section 25: Audible Alarm Appliance Silencing

• A. Where required by the Code Official, there shall be a means provided at the fire alarm control panel to silence audible alarm devices without resetting the panel. Where audible alarm devices are provided in connection with visual alarm devices, there shall be a means provided to silence the audible alarm devices without disabling the visual alarm devices or resetting the panel.

Section 26: Remote Annunciation

• A. Where required by the Code Official, a means of remote annunciation such as a light or other visible indicator shall be installed and marked with an approved description of the detector location in order to indicate the presence and location of detectors in accordance with NFPA 72.

Section 27: Remote Annunciation Location

• A. A remote fire alarm annunciation panel shall be located by the front main entrance in the case the main fire panel is not located in this area.

Section 28: Smoke Control Systems

• A. Fans within the building shall be shown on the fire control panel. A clean indication of the direction of airflow and the relationship of components shall be displayed. A means of confirming equipment function such as an atmospheric pressure switch, air velocity switch, or electrical current differential device, shall be installed to indicate the status of fans, dampers or other associated equipment during alarm activation or smoke control operations. Status indicators shall be provided for all smoke control equipment, annunciated by fan and zone and by pilot-lamp-type indicators as follows:
  
  • a. Fans, dampers and other operating equipment in their normal status - WHITE.
  • b. Fans, dampers and other operating equipment in their off or closed status - RED.
  • c. Fans, dampers and other operating equipment in their on or open status - GREEN.
  • Fans, dampers and other operating equipment in a fault status - YELLOW / AMBER.

Section 29: Referenced Standards

• A. This chapter shall also include the following:
  
  • a. State of Michigan Laws, Rules, or Requirements including but not necessarily limited to the following with amendments:
    
    • Michigan Fire Prevention Code 1941 PA 207
    • Michigan Explosives Law 1970 PA 202
    • Michigan Fireworks Law 1931 PA 328
    • Michigan Model Rocket Law 1965 PA 333
    • Michigan Storage and Handling of Flammable and Combustible Liquids Rules
    • Michigan Underground Storage Tank Rules 1999

Section 30

If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be unconstitutional; such decision shall not affect the validity of the remaining portions of this ordinance. The Brighton Area Fire Authority hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, clauses and phrases be declared unconstitutional.

Section 31

That the Brighton Area Fire Authority is hereby ordered and directed to cause a notice to be published that this ordinance has been adopted and that three copies of same are available to the public for inspection during regular business hours at the Brighton Area Fire Authority's Main fire station, Brighton, Michigan. Said notice shall also contain the introductory paragraph of this ordinance which shall serve as its stated purpose.

Section 32

If this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect until revised, amended, or repealed from and after the date of its final passage and adoption.

Section 33: General Fire Services Charges

• A. This section is adopted for the purpose of providing financial assistance to the Brighton Area Fire Authority for the provision of fire services through charging for direct benefits received for the fire protection service.
  
  • a. Charges by resolution. The Brighton Area Fire Authority, pursuant to MCLA 41.806a, hereby authorizes the collection of charged for specific fire services. The fire services to be covered and the actual amount of the charges shall be established by resolution of the Brighton Area Fire Authority from time to time. There charges shall be due and payable to the Brighton Area Fire Authority for the services as stated within this resolution. The resolution may contain various categories of charges for services such as, but not limited to: fire inspection services, false alarms, grass fires, rubbish fires, automobile fires, house fires, fires in commercial establishment, fires in an industrial or manufacturing establishment, hotel and motel fires, aircraft fires, truck fires, forest fires, emergency rescue services, standby fire services for special events, and other services as may be specifically enumerated in the resolution. Categories of costs may also be established for services based on geographic location and resident status of the benefiting party.
  • b. Due date of payment. The charges covered by resolution shall be due and payable within thirty (30) calendar days from the date the services is rendered.
    
    Exemptions: The following properties and services shall be exempt from charges:
    
    • Fires involving Charter Township of Genoa, City of Brighton, and Brighton Township buildings, grounds and/or property of the general public (except as authorized by law); and
    • Fire Services performed outside the jurisdiction of the Brighton Area Fire Authority involving buildings and properties of a Township, City, or Fire Department of whom is a part of a mutual aid contact.
  • c. Collection of charges. The Brighton Area Fire Authority may proceed in a court of appropriate jurisdiction to collect any monies remaining unpaid for services provided as a mature debt of the Brighton Area Fire Authority and shall have any and all other remedies provided by law for the collection of all charges.
  • d. Non-exclusive charge. The charges established by resolution of the Brighton Area Fire Authority shall not be the exclusive source of revenue available for the Brighton Area Fire Authority to meet the expenses of maintaining and operating the Brighton Area Fire Department. These charges may be supplemented by other sources permitted by state law, including, but not limited to: general taxation following approval by a vote of the electorate, a special assessment established under the applicable Michigan statutes or an appropriation of the general funds of the Brighton Area Fire Authority.
  • e. Multiple Property Protection. When a particular service rendered by the Brighton Area Fire Department directly benefits more than one person or more than one property, each person so benefited and the owner of each property receiving benefit shall be liable for the payment of the full charge for such service. The interpretation and application of this section is hereby delegated to the Brighton Area Fire Department's Fire Chief, subject to appeal to the Brighton Area Fire Authority. This section shall be so administered so that charges shall be assigned and collected only from the recipients of the service or their agent.
  • f. Collection Agent and Reservation of Funds. The Brighton Area Fire Authority shall function as the collection agent for the Brighton Area Fire Department for all fees established under this section or any adopted ordinance, schedule thereof. The Brighton Area Fire Department shall be responsible for all procedures and activities concerning billing, collection, record keeping, and inquiries. Funds received, net of collection costs, shall be maintained separately from all other revenues of the Brighton Area Fire Authority and shall by used for the operations and training of the Fire Marshal.

Section 34: Site Plan Examinations

• A. The Fire Marshal or duly approved Fire Inspector shall conduct an examination of all site plans, for all proposed new construction within the jurisdiction.
• B. A written report shall be submitted within accepted policy of jurisdiction to the planning commission, clearly indicating compliance or noncompliance, to Fire Code requirements, of all proposed new construction that requires site plan review. A copy of the site plan examination report shall be presented to the building department.

Section 35: Construction Plan Examination

• A. The Fire Marshal or duly approved Fire Inspector shall conduct construction plan examinations relative to all proposed new construction, except one and two-family detached dwelling units.
• B. A written report shall be submitted within ten (10) working days to the building department prior to the building permit issuance, indicating all Fire Code violations or Fire Code compliance.
• C. The examination report shall include the review of all pertinent portions of the Fire Code in relation to the proposed construction.

Inconsistencies Repealed

Any and all other ordinances or resolutions or parts thereof in conflict herewith are hereby repealed.

Severability

Should any section, clause or paragraph of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same will not affect the validity of the ordinance as a whole or part hereof other than the part declared to be invalid.

Saving Clause

That nothing in this Ordinance shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy or any character be lost, impaired or affected by this Ordinance.

Effective Date

The provisions of this Ordinance will be ordered to take effect seven (7) days following its publication in a newspaper of general circulation within the Township following its adoption.

Adopted:
Published:
Effective: