Part 100



100.000 FIRE PREVENTION AND PROTECTION*

Ord. No. 7a

Adopted: April 2, 1973

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*Cross reference(s)--Penalty for ordinance violation, Pt. 1; limiting use of water to assure adequate supply for fire fighting, § 83.001 et seq.; burning of refuse in open fires, Pt. 101; hazardous chemicals, storage and handling, Pt. 102.

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An ordinance to establish rules and regulations regarding fire prevention and protection.

THE CITY OF READING ORDAINS THAT:

100.001 In general.

Sec. 1.

(A) False fire alarms; interference with fire department equipment. No person shall turn in, sound, or cause to be communicated to the fire department a false alarm of fire; or molest any fire fighting apparatus or equipment, or anything pertaining to the fire alarm system; or make, or have in his possession, any impression or duplicate of any key belonging to the fire department, without the express permission of the chief of the fire department.

(B) Obstruction of fire plugs. No person shall place any building material or any other obstruction whatever, nor shall any person responsible for such material or obstruction, permit the obstruction to remain within fifteen (15) feet of any fire hydrant or fire plug.

(C) Opening fire plugs. No person, except authorized employees of the city, shall use any fire plug, except in case of emergency, without first securing permission from the City Council or their authorized representative for such use, and by paying or agreeing to pay for the water to be used. In no case shall any wrench or tool be used on any fire plug other than a regulation fire department hydrant wrench.

(D) Authority of the council to permit public displays of fireworks. The Council may grant permission, upon application in writing, for the public display of fireworks to any association or group of individuals.

100.002 Fire prevention.

Sec. 2.

(A) Fire prevention code adopted; scope. There is hereby adopted by the city for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Fire Prevention Code, Abbreviated Edition, recommended by the American Insurance Association, being particularly the 1970 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended in this division, of which code not less than three (3) copies have been and now are filed in the office of the City Clerk, and the fire prevention code is hereby adopted and incorporated as fully as if set out at length herein, and the provisions thereof shall be controlling within the limits of the city.

(B) Chief of the fire department to enforce fire prevention code. The fire prevention code adopted in this division shall be enforced by the chief of the fire department.

(C) "Municipality" as used in fire prevention code defined. Wherever the word, "Municipality" is used in the fire prevention code adopted in this division, it shall mean the City of Reading.

(D) Duration of permits issued under the fire prevention code. All permits issued under the fire prevention code of the city are valid for a period of one (1) year, unless revoked due to changes or conditions constituting a hazard.

(E) Modification of requirements of fire prevention code. The chief of the fire department shall have the power to modify any of the provisions of the fire prevention code adopted in this division upon application in writing by the owner or lessee of property affected by the fire prevention code, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the fire prevention code, provided that the spirit of the fire prevention code shall be observed, the public safety secured, and substantial justice done. The particulars of the modification when granted or allowed, and the decision of the chief of the fire department thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant.

(F) Appeals from administrative actions of the chief of the fire department. Whenever the chief of the fire department shall disapprove an application or refuse to grant a permit applied for under the fire prevention code, or when it is claimed that the provisions of the fire prevention code do not apply or that the true intent and meaning of the fire prevention code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief of the fire department to the council within thirty (30) days from the date of the decision appealed.

(G) Observance of state fire prevention laws. No person shall violate any law of the state, nor any rule or regulation adopted by any duly authorized agency of the state pertaining to fire, fire hazards, fire prevention, or fire waste.

(H) Flammable liquids regulations adopted. There are hereby adopted by reference those regulations promulgated by the Michigan State Police, Fire Marshal Division, contained in that publication entitled "Flammable Liquids Regulations," being particularly the 1963 edition thereof; which regulation shall be in full force and effect in the city as if set out at length in this division.

(I) Liquefied petroleum gas regulations adopted. There are hereby adopted by reference as regulations covering the use and storage of liquefied petroleum gas in the city, those regulations promulgated by the Michigan State Police, Fire Marshal Division, and entitled, "Liquefied Petroleum Gases Regulations," effective May 13, 1960; which regulations shall have such force and effect as if set out at length in this division.

(J) Inspections; notice of violation.

(1) The chief of the fire department is hereby empowered to enter at any and all reasonable times upon and into any premises, building, or structure for the purpose of examining and inspecting the same, to ascertain the condition thereof with regard to fire hazards and the condition, size, arrangement, and efficiency of any and all appliances for fire fighting.

(2) If an inspection made pursuant to subsection (1) shall disclose any fire hazard or any deficiency in fire fighting appliances the fire chief shall order the condition remedied.

(3) The chief of the fire department is empowered to appoint members of the regular personnel of the fire department to make the inspection hereinbefore provided for, who shall report in writing the results of the inspections to the chief of the fire department and who are hereby empowered to make such written order in respect to the conditions found by them upon inspection as is hereby authorized to be made by the chief of the fire department; the order shall be complied with forthwith. Should any person receiving such order consider himself aggrieved thereby, he may, within twenty-four (24) hours after the receipt of the order, appeal to the chief of the fire department who shall thereupon make such written order in the premises as he may deem right and reasonable.

(4) No person shall fail to comply immediately with any order of the chief of the fire department, or of his authorized representative, which orders are issued pursuant to this section.

(K) Obstruction of fire exits.

(1) No obstruction shall be placed or permitted to remain in the way of, or upon, any fire escape, balcony, or ladder intended as a means of escape from fire.

(2) No flammable material shall be placed or permitted to remain under or at the bottom of any stairway, elevator, or other part of any building used for the purpose of entering, leaving, or going from place to place within such building.

(3) No obstruction shall be placed or permitted to remain in hallways of multiple dwellings.

(4) No person shall obstruct or permit to be obstructed any door, aisle, or passageway of any theater, church, or other place of public assemblage with any furniture or article.

(5) No person shall sit or stand in any such place of assemblage in any aisle, or in any exit or passage required for the safe exit of the assemblage.

(6) Clear passage from all exits and on sidewalks must be maintained outside of all such places of public assemblage.

(7) No aisle, passageway, or stairway in any store shall be obstructed with tables, showcases, or other obstructions during hours said store is open to the public, or at any other time, unless an employee is actually present in such store.

(L) Accumulations of combustible materials.

(1) No person owning or being responsible for any premises shall permit any waste paper, ashes, oil, rags, waste rags, excelsior, cellophane, or other flammable plastic material, tobacco, smoking wastes, or any material of a similar nature to accumulate thereon, unless contained in covered fireproof receptacles.

(2) No person owning or being responsible for any structure shall permit any waste paper, ashes, oil, rags, waste rags, excelsior, cellophane or other flammable plastic material, tobacco, smoking wastes, or any material of a similar nature to accumulate therein.

(M) Combustible materials in proximity to buildings; removal by the city.

(1) No fallen timber, wooden posts or poles, logs, brush bark, or sawdust piles, stubs, or stumps, or other flammable or combustible material or substance, likely to endanger the safety of any building, or to increase the speed of fire, shall be permitted upon any lot within one hundred fifty (150) feet of any building thereon or upon any adjacent lot.

(2) Whenever the chief of police, the city engineer, or the chief of the fire department shall find any violation of subsection (1) he shall give written notice to the owner of the lot that such lot shall be cleared within five (5) days. If the notice is not complied with within five (5) days, or the owner of the said lot cannot be found within such time, the city may clear or cause to be cleared said lot at the expense of the owner thereof, and the expense of clearing, together with any fees or fines authorized by this Code, shall be and remain a special assessment upon the lot, to be collected in the same manner as other special assessments are collected under this Code.

(N) Dry cleaners and dyers.

(1) No person shall violate any provisions of Act 327, P.A. of Michigan, 1947, which Act is found at M.S.A. § 18.577 (31), et seq.

(2) The chief of the fire department and his authorized representatives shall have authority to enter every establishment where commercial dry cleaning or dry dyeing or both are done, at all reasonable times, for the purpose of inspecting the premises to determine whether it is being operated in accordance with the terms of this section.

(O) Fire in streets. No person shall kindle fire in or upon any paved street or alley.

(P) Fires on private property. No person shall kindle any bonfire on any private property.

100.003 Hotels, rooming houses and motels.

Sec. 3.

(A) Burning premises. No person shall carelessly, recklessly, or negligently set fire to any hotel, rooming house, lodging house, motel, or any place of public abode, or to any bedding, furniture, curtains, drapes, or other furnishings therein so as to endanger life or property in any way.

(B) Smoking in bed; notice.

(1) No person shall smoke or have any lighted cigarette, pipe, or cigar, while such person is in or upon any bed in any hotel, rooming house, or motel.

(2) In each sleeping room of all motels, hotels, rooming houses, lodging houses and other places of public abode, a plainly written notice shall be posted in a conspicuous place as notice of the provisions of subsection (1).

100.004 Explosives.

Sec. 4.

(A) Conformance with state law. No person shall violate any law of the state, nor any rule or regulation adopted by any duly authorized agency of the state, pertaining to explosives.

(B) Blasting permit. No person shall blast or carry on any blasting operation without first having obtained a written permit therefor from the City Council or their authorized representative. Before any such permit is issued, the applicant therefor shall file with the city clerk a bond or policy of insurance in the amount specified by the City Council or their authorized representative, as commensurate with the risk of damage from injury or death to persons, or damage to property arising out of the proposed blasting operations, which shall be approved as to form by the city attorney. The bond shall be conditioned to save harmless the city and the members of the public from death to or injury of persons or damage to property resulting from such blasting.

(C) Regulations adopted. There are hereby adopted by reference those regulations promulgated by the Michigan State Police, Fire Marshal Division, and entitled "Regulations for Storage and Handling of Explosives," being particularly the October 19, 1953, Revision; such regulations shall be in full force and effect as if set out at length in this division.

Effective date. This Ordinance to take effect 10 days after adoption by the City Council.