Full Text
Lewiston Code Chapter 38 CH 38:1 Chapter 38 FIRE PREVENTION AND PROTECTION* *Cross references: Buildings and building regulations, ch. 18; weapons and explosives, § 50-106 et seq.; hazardous materials, § 62-56 et seq.; fire zones, § 70-137. State law references: Municipal fire protection, 30-A M.R.S.A. § 3151. Article I. In General Sec. 38-1. Interfering with fire alarm. Sec. 38-2. Unauthorized use of hydrants prohibited. Sec. 38-3. Regulation of false fire alarms. Secs. 38-4--38-25. Reserved. Article II. Fire Prevention Code Sec. 38-26. Codes adopted. Sec. 38-27. Application of fire codes on new or existing conditions; fire chief to set limit on corrections. Sec. 38-28. Enforcement orders and appeals. Sec. 38-29. Aggrieved person may seek revocation of permit, approval or license. Sec. 38-30. Limitations on permits; applications generally to be made to bureau. Sec. 38-31. Authority to suspend, revoke permits, licenses; reports required; appeal. Sec. 38-32. City council to prescribe areas, locations, boundaries for storage of materials. Sec. 38-33. Public meeting to be held prior to establishing restricted areas. Sec. 38-34. Open-air burning. Sec. 38-35. Outdoor incinerators, defined; fire chief to prescribe regulations; permit required, revocation. Sec. 38-36. Class B or class C gas leaks. Sec. 38-37. Fire chief's statutory duties. Sec. 38-38. Right of entry to inspect for hazards. Sec. 38-39. Appeal from order of fire chief. Sec. 38-40. Violations of article. ---PAGE BREAK--- FIRE PREVENTION AND PROTECTION Lewiston Code Chapter 38 CH 38:2 ARTICLE I. IN GENERAL Sec. 38-1. Interfering with fire alarm. No person shall interfere in any way with any of the signal boxes of the fire alarm system by breaking, cutting, defacing or injuring such boxes, nor tamper or meddle with such boxes or any part thereof. (Code 1982, § 11-1) Sec. 38-2. Unauthorized use of hydrants prohibited. No person except one duly authorized shall remove the cap from any water hydrant in the city. No person shall interfere with or meddle with, obstruct the approach to, partially or wholly cover with snow or any other substance, or in any manner damage or deface such hydrant or decrease its immediate availability in the event of an emergency. (Code 1982, § 11-2) Sec. 38-3. Regulation of false fire alarms. Installation of alarm systems. No person shall, without first obtaining a permit from the fire chief, install an alarm system that includes any mechanism, equipment or device, designed to automatically transmit a signal, message or warning from private or public premises, including, but not limited to, telephonic alarm systems designed to operate automatically through the use of public telephone facilities to the city fire department, or monitored by a private or public entity, which in turn calls the city fire department. Existing alarm systems. Sixty days after the enactment of this section, no person shall, without first obtaining a permit from the fire chief, continue to operate an alarm system that includes any mechanism, equipment or device, designed to automatically transmit a signal, message or warning from private or public premises, including, but not limited to, telephonic alarm systems designed to operate automatically through the use of public telephone facilities to the city fire department, or monitored by a private or public entity, which in turn calls the city fire department. Issuance of permits. Permits shall be issued to applicants upon the following conditions: The applicant shall execute and submit to the fire chief a written agreement, upon a form furnished by the fire chief, that includes, inter alia, an acknowledgment that the applicant has read and agrees to abide by the terms of the false fire alarm policy adopted by and amended from time to time by the city council. With respect to applicants under subsection above, the applicant shall provide evidence that the applicant has, prior to the time of the application, fully complied with the false fire alarm policy adopted by and amended from time to time by the city council. ---PAGE BREAK--- FIRE PREVENTION AND PROTECTION Lewiston Code Chapter 38 CH 38:3 With respect to applicants under subsection above, in the event that they are unable to make such certification due to their prior failure to pay charges under such policy, they shall submit with their application full payment of such charges. Disconnection from noncompliance; appeal. In the event a permittee under this section fails to comply with the terms of the permit or with the terms of the false fire alarm policy adopted by and amended from time to time by the city council, the fire chief shall give to the permittee 60 days written notice of the city's intention to disconnect the permittee's system from the connection with the city fire department. In the event that the permittee, having received such notice, fails to place itself in compliance within such 60-day period, the fire chief shall proceed to disconnect the permittee from the system. A permittee may appeal to the city council from the fire chief's notice of intention to disconnect by filing a written notice of appeal with the city clerk within 20 days after the date of mailing of the notice of intention to disconnect. Upon hearing of the appeal, the city council shall determine the issue of compliance, and may affirm, reverse or modify the decision of the fire chief. Disconnection for nonapplication or failure to submit conforming application; appeal. In the event that an applicant or person required to file an application under subsection above fails to submit an application, or submits an incomplete application, within the 60-day period set forth in subsection above, the fire chief shall send notice of intention to disconnect as in subsection above; in the event that the applicant, or person required to submit an application, having received such notice, fails to file a completed application within the 60-day period specified in the notice, the fire chief shall proceed to disconnect the permittee from the system. An applicant or person receiving a notice of intention to disconnect may appeal to the city council from the fire chief's notice of intention to disconnect by filing a written notice of appeal with the city clerk within 20 days after the date of mailing of the notice of intention to disconnect. Upon hearing of the appeal, the city council shall determine the issue of compliance, and may affirm, reverse or modify the decision of the fire chief. (Ord. No. 95-15, 11-2-95) Secs. 38-4--38-25. Reserved. ARTICLE II. FIRE PREVENTION CODE* *Charter references: Board of appeals, § 4.06. Sec. 38-26. Codes adopted. For the purpose of protecting life and property against the hazards of fire and explosion, the city hereby adopts and enacts as codes of the city the 2006 Spring Revision Cycle of the National Fire Codes as promulgated by the National Fire Protection Association. Nothing in subsection shall be deemed to adopt any of the following listed standards as numbered and contained in the 2006 Spring Revision Cycle of the National Fire Code: NFPA 12A, NFPA 13E, NFPA 31, NFPA 35, NFPA 36, NFPA 40, NFPA 42, NFPA 45, NFPA 52, NFPA 53, NFPA 61, NFPA 68, NFPA 69, NFPA 70, NFPA 70B, NFPA 70E, NFPA 73, ---PAGE BREAK--- FIRE PREVENTION AND PROTECTION Lewiston Code Chapter 38 CH 38:4 NFPA 75, NFPA 76, NFPA 77, NFPA 79, NFPA 80A, NFPA 82, NFPA 85, NFPA 86, NFPA 88A, NFPA 90A, NFPA 90B, NFPA 91, NFPA 92A, NFPA 92B, NFPA 101A, NFPA 105, NFPA 111, NFPA 115, NFPA 120, NFPA 122, NFPA 130, NFPA 140, NFPA 150, NFPA 170, NFPA 204, NFPA 221, NFPA 225, NFPA 232, NFPA 241, NFPA 251, NFPA 252, NFPA 253, NFPA 255, NFPA 256, NFPA 257, NFPA 259, NFPA 260, NFPA 261, NFPA 262, NFPA 265, NFPA 268, NFPA 269, NFPA 270, NFPA 271, NFPA 274, NFPA 285, NFPA 286, NFPA 287, NFPA 288, NFPA 290, NFPA 291, NFPA 301, NFPA 302, NFPA 303, NFPA 306, NFPA 307, NFPA 312, NFPA 326, NFPA 329, NFPA 402, NFPA 403, NFPA 405, NFPA 407, NFPA 408, NFPA 410, NFPA 412, NFPA 414, NFPA 415, NFPA 422, NFPA 423, NFPA 424, NFPA 430, NFPA 432, NFPA 434, NFPA 450, NFPA 472, NFPA 473, NFPA 484, NFPA 490, NFPA 497, NFPA 498, NFPA 499, NFPA 501, NFPA 501A, NFPA 502, NFPA 505, NFPA 520, NFPA 550, NFPA 551, NFPA 555, NFPA 560, NFPA 600, NFPA 601, NFPA 610, NFPA 654, NFPA 655, NFPA 664, NFPA 701, NFPA 703, NFPA 704, NFPA 705, NFPA 720, NFPA 730, NFPA 731, NFPA 780, NFPA 801, NFPA 804, NFPA 805, NFPA 820, NFPA 850, NFPA 851, NFPA 853, NFPA 900, NFPA 901, NFPA 909, NFPA 914, NFPA 921, NFPA 1000, NFPA 1001, NFPA 1002, NFPA 1003, NFPA 1006, NFPA 1021, NFPA 1031, NFPA 1033, NFPA 1035, NFPA 1041, NFPA 1051, NFPA 1061, NFPA 1071, NFPA 1081, NFPA 1125, NFPA 1127, NFPA 1141, NFPA 1142, NFPA 1143, NFPA 1144, NFPA 1145, NFPA 1150, NFPA 1192, NFPA 1194, NFPA 1201, NFPA 1221, NFPA 1250, NFPA 1401, NFPA 1402, NFPA 1403, NFPA 1404, NFPA 1405, NFPA 1410, NFPA 1451, NFPA 1452, NFPA 1500, NFPA 1521, NFPA 1561, NFPA 1581, NFPA 1582, NFPA 1583, NFPA 1584, NFPA 1600, NFPA 1620, NFPA 1670, NFPA 1710, NFPA 1720, NFPA 1851, NFPA 1852, NFPA 1901, NFPA 1906, NFPA 1911, NFPA 1912, NFPA 1925, NFPA 1931, NFPA 1932, NFPA 1936, NFPA 1951, NFPA 1961, NFPA 1962, NFPA 1963, NFPA 1964, NFPA 1965, NFPA 1971, NFPA 1975, NFPA 1977, NFPA 1981, NFPA 1982, NFPA 1983, NFPA 1989, NFPA 1991, NFPA 1992, NFPA 1994, NFPA 1999, NFPA 2010, NFPA 2112, NFPA 2113, NFPA 5000. The 2006 edition of the NFPA 101 Life Safety Code as promulgated by the National Fire Protection Association is hereby adopted and enacted. Unvented fuel-fired equipment shall not be installed or used. Nothing in subsection shall be deemed to adopt any of the following listed standards as numbered and contained in the 2006 edition of the NFPA 101 Life Safety Code: New Educational Occupancies, Section 14.5.2.2 Unvented fuel-fired heating equipment, other than gas space heaters in compliance with NFPA 54/ANSI Z223.1, National Fuel Gas Code shall be prohibited. Existing Education Occupancies, Section 15.5.2.2 Unvented fuel-fired heating equipment, other than gas space heaters in compliance with NFPA 54/ANSI Z223.1, National Fuel Gas Code shall be prohibited. New Day-Care Occupancies, Section 16.5.2.2 Unvented fuel-fired equipment, other than gas space heaters in compliance with NFPA 54/ANSI Z223.1, National Fuel Gas Code, shall be prohibited. ---PAGE BREAK--- FIRE PREVENTION AND PROTECTION Lewiston Code Chapter 38 CH 38:5 Existing Day-Care Occupancies, Section 17.5.2.2 Unvented fuel-fired equipment, other than gas space heaters in compliance with NFPA 54/ANSI Z223.1, National Fuel Gas Code, shall be prohibited. Lodging or Rooming Houses, Section 26.5.2.2 Unvented fuel-fired equipment, other than gas space heaters in compliance with NFPA 54/ANSI Z223.1, National Fuel Gas Code, shall not be used. New Hotels and Dormitories, Section 28.5.2.2 Unvented fuel-fired equipment, other than gas space heaters in compliance with NFPA 54/ANSI Z223.1, National Fuel Gas Code, shall not be used. Existing Hotels and Dormitories, Section 29.5.2.2 Unvented fuel-fired equipment, other than gas space heaters in compliance with NFPA 54/ANSI Z223.1, National Fuel Gas Code, shall not be used. New Apartment Buildings, Section 30.5.2.2 Unvented fuel-fired equipment, other than gas space heaters in compliance with NFPA 54/ANSI Z223.1, National Fuel Gas Code, shall not be used Existing Apartment Buildings, Section 31.5.2.2 Unvented fuel-fired equipment, other than gas space heaters in compliance with NFPA 54/ANSI Z223.1, National Fuel Gas Code, shall not be used. Nothing in subsection shall be deemed to adopt any of the following listed standards as numbered and contained in the 2006 edition of the NFPA 101 life Safety Code: Numbers 3 & 4 of section 12.3.5.3 and numbers 1 & 2 of section 13.3.5.3. Extinguishment Requirements in One- and Two- Family Dwellings. Section 4.3.5.1 shall not be incorporated by reference. Building Rehabilitation. Chapter 43 shall not be incorporated by reference. Stair risers, guards, and treads. The maximum height of risers as prescribed in Chapter 24, Section 2.5.1 shall be amended to permit a maximum 7 ¾” riser for newly constructed stairs in one- and two- family dwellings only. The minimum height of guards as prescribed in Chapter 24, Section 2.5.1 shall be amended to permit a minimum guard height of 36” for newly constructed stairs in one- and two- family dwellings only. The minimum tread depth as prescribed in Chapter 24, Section 2.5.1 shall be amended to permit a 10” tread depth for newly constructed stairs in one- and two family dwellings only. The 2007 edition of NFPA 72, National Fire Alarm Code as promulgated by the National Fire Protection Association is hereby adopted and enacted. ---PAGE BREAK--- FIRE PREVENTION AND PROTECTION Lewiston Code Chapter 38 CH 38:6 The 2006 edition of NFPA 1 Uniform Fire Code as promulgated by the National Fire Protection Association is hereby adopted and enacted. Nothing in subsection shall be deemed to adopt any of the following listed standards as numbered and contained in the 2006 edition of the NFPA 1 Uniform Fire Code: Chapter 65, Section 11 (see Rules of the State Fire Marshal, Chapter 25 & Title 8 M.R.S.A subsection 236) Chapter 20, Sections: 20.2.3.5; 20.3.2.1; 20.4.2.6; 20.5.2.5.4; 20.6.2.6; 20.7.2.6; 20.8.2.6; 20.9.2.2; 20.10.2; and 20.11.2 The following chapter shall be amended to read: Chapter 20, Section 11.1 Application. New and existing one and two family dwellings shall comply with Section 20.11 and NFPA 101. Chapter 24, Section 3.5.1 of NFPA 101 shall not be incorporated in this rule. It is hereby declared that one electronic copy on compact disc of the codes and portions therefore adopted by this section are now, and have been for 30 days, on file at the Fire Prevention Bureau of the fire department and there kept available for public use, inspection and examination. (Code 1982, § 11-19; Ord. No. 92-26, § 1, 11-19-92; Ord. No. 94-7, 7-21-94; Ord. No. 99-14, 7-15-99; Ord. No. 01-3, 3-8-01; Ord. No. 02-03, 4-18-02; Ord. No. 05-04, 3-10-05; Ord. No. 10-07, 09-16-10) Sec. 38-27. Application of fire codes on new or existing conditions; fire chief to set limit on corrections. The provisions of the codes adopted by section 38-26 shall apply equally to new and existing conditions, except that existing conditions not in strict compliance with the terms of the codes hereby adopted may be permitted to continue where the exceptions do not constitute a distinct hazard to life or property, in the opinion of the fire chief. The fire chief may prescribe a time limitation on corrections required to be made to existing conditions or to bring conditions or corrections up to code requirements. (Code 1982, § 11-20) Sec. 38-28. Enforcement orders and appeals. Whenever the director of the fire prevention division determines that a condition is or is likely to become a fire hazard, an order to correct such condition shall be issued to the responsible party. Such order shall be in writing and include a statement of the reasons for issuance of the order and may contain an outline of remedial action which will correct such condition. A copy of such order shall be kept as part of the public record. An order under this section shall be served upon the owner or his agent or upon the occupant, as the case may require. Such order shall be deemed to be properly served upon such owner, agent or occupant if a copy thereof is served upon him personally or if a copy ---PAGE BREAK--- FIRE PREVENTION AND PROTECTION Lewiston Code Chapter 38 CH 38:7 thereof is sent by registered mail or certified mail to his last known address or the address as shown on the records in the department of assessment. A statement signed by the person so serving stating the date of service shall be filed in the office of the director of code enforcement. Any person served with an order pursuant to this section may request a hearing before the board of appeals by filing a written petition for such hearing at the office of the director of code enforcement within ten days of the date of service of order. Such appeal shall be heard at the next scheduled meeting of the board of appeals occurring at least 48 hours after the date of filing. The board of appeals may sustain, modify or withdraw such order. The decision of the board of appeals may be further appealed pursuant to the provisions of rule 80B of the Maine Rules of Civil Procedure. To take advantage of this right, a petition for review must be filed with the superior court within 30 days of receipt of the decision of the board of appeals. The director of fire prevention may, upon evidence of disregard of an order served under this section or noncompliance with the decision of the board of appeals, request that appropriate legal action be instituted by the city attorney. (Code 1982, § 11-21) Sec. 38-29. Aggrieved person may seek revocation of permit, approval or license. Any person aggrieved by the granting of a permit or approval, or the granting of a license by the fire department on the grounds that the exercise thereof would constitute a fire nuisance, health or explosion hazard may appeal for revocation of such permit, approval or license to the fire chief. (Code 1982, § 11-22) Sec. 38-30. Limitations on permits; applications generally to be made to bureau. A permit required by this article or the codes adopted hereby shall not take the place of any license required by law. It shall not be transferable, and any change in use or occupancy or change in location shall require a new permit. Applications for permits required by this article or by the codes adopted hereby shall be made to the fire prevention bureau, except that permits for outdoor fires may be issued by dispatchers, fire department officers and fire inspectors. (Code 1982, § 11-23) Sec. 38-31. Authority to suspend, revoke permits, licenses; reports required; appeal. All fire department officers and fire inspectors shall have the authority to suspend or revoke any and all permits or licenses which may be issued by the fire department. Permits and licenses shall be suspended or revoked only if, in the opinion of the officer or inspector having jurisdiction, such action is immediately necessary to safeguard life or property and failure to take such action would be a distinct hazard to life or property. Appeals for restoration of such permit or license shall be made to the fire chief. Suspension or revocation of a permit or license shall be reported to the fire chief with a written report setting forth all facts concerning such action. (Code 1982, § 11-24) ---PAGE BREAK--- FIRE PREVENTION AND PROTECTION Lewiston Code Chapter 38 CH 38:8 Sec. 38-32. City council to prescribe areas, locations, boundaries for storage of materials. The city council shall prescribe areas, locations or boundaries as required by the codes adopted in this article for the enforcement of restrictions on use, storage, consumption, loading, unloading, processing or other matters pertaining to any or all products or materials requiring such defined areas. (Code 1982, § 11-25) Sec. 38-33. Public meeting to be held prior to establishing restricted areas. The city council shall hold a public meeting prior to the establishment of any restricted area, location or boundary, and such public meeting shall be advertised at least once in a newspaper of general circulation within the city. (Code 1982, § 11-26) Sec. 38-34. Open-air burning. As used in this section, the term "fire" means and shall include, but is not limited to, bonfires, burning of grass, leaves, weeds, brush, wood, paper boxes, trash, waste, automobiles and trucks, junk, fires on public or private dumps, and any burning of combustible or flammable materials, including petroleum products. No person shall kindle or maintain any fire in the open air, or authorize any such fire to be kindled or maintained, in any street, alley, roadway, lane, public grounds or private lot, without first having obtained a written permit to do so from the fire department. The fire chief shall prescribe and direct the issuance of burning permits and shall have full control of such permits. The chief engineer of the department or the deputy fire chief on duty shall have the authority to suspend or stop all burning in the city whenever, in their opinion, safety requires such action. Notwithstanding any of the provisions of this section, no person shall kindle or cause to be kindled such fires as are enumerated in this section, without calling by telephone the city fire department for clearance to kindle the fire just prior to lighting it. Failure to obtain such clearance shall cause the permit issued therefor to be automatically null and void. (Code 1982, § 11-27) Sec. 38-35. Outdoor incinerators, defined; fire chief to prescribe regulations; permit required, revocation. "Outdoor incinerators" are defined as "any container used to burn waste or discarded materials." The city fire chief is authorized to prescribe and issue rules and regulations for the safe use of outdoor incinerators, including, without limitations, the types of containers authorized to be used. It shall be unlawful to use any outdoor incinerator without having first obtained a permit for such incinerator from the city fire department. Such permits may be refused by the inspector if the incinerator or its location is not in compliance with all laws and ordinances. ---PAGE BREAK--- FIRE PREVENTION AND PROTECTION Lewiston Code Chapter 38 CH 38:9 The permit for any outdoor incinerator may be revoked by a fire inspector in the event of violation of any rules or regulations of the city fire chief. Any permit for an outdoor incinerator may be revoked if the incinerator causes smoke or odor or is a source of discomfort or a nuisance to adjoining property owners or tenants. (Code 1982, § 11-28) Sec. 38-36. Class B or class C gas leaks. When a class B or class C gas leak, or a combination of leaks, as defined by the Maine Public Utilities Commission in General Order number 27, as revised, is discovered anywhere in the city, a committee made up of the fire chief, police chief, and the director of public works, or their deputies acting in their absence, or any of the above, by a majority vote of such committee, and upon approval of the city council, may order the supplier of the gas service to the section of the city in which the leak is located to immediately shut off the distribution, transmission or supply of gas to the area in the vicinity of the leak where it reasonably appears that such action is necessary to prevent imminent danger to lives or property. Any such order shall be revoked upon the presentation of satisfactory evidence that the dangerous situation which prompted it no longer exists. Such evidence may consist of instrument readings and other scientific data relative to the presence of natural gas in the area where the leak is located. Any person who refuses to comply with any lawful order issued under the provisions of this section shall be punished by a fine in accordance with the city's policy manual as approved by the city council, which such fine shall not be suspended. Each 24-hour period during which a refusal continues from the issuance of the original order shall constitute a separate offense. In addition to enforcement under the preceding subsection, the city may initiate civil proceedings to temporarily or permanently enjoin the continuation of the dangerous condition. The city shall not be liable for damages incurred as a result of shutting down the system. If areas are shut off, the gas company shall notify users of natural gas. Outside shutoffs shall be installed at every building where natural gas is used. (Code 1982, § 11-29; Ord. No. 08-06e, 8-14-08) Sec. 38-37. Fire chief's statutory duties. The city council hereby assumes the power conferred and the responsibility for performance of duties prescribed by 25 M.R.S.A. 2394, 2395, 2397, and hereby delegates the exercise of such powers and the responsibility for performance of such duties to the fire chief as authorized by 25 M.R.S.A. § 2391, except in such specific cases as the city council may notify the fire chief of its intention to take jurisdiction. (Code 1982, § 11-31) Sec. 38-38. Right of entry to inspect for hazards. The chief of the fire department may enter any building, premises or structure within the limits of the city with the permission of any person having control of such building, premises or structure, or may apply to a court for process to do so, for the purpose of examining and inspecting the same to ascertain the condition thereof with regard to the presence, arrangement or ---PAGE BREAK--- FIRE PREVENTION AND PROTECTION Lewiston Code Chapter 38 CH 38:10 deposit of any articles, materials, substances, goods, wares or merchandise which may have a tendency to create danger from fire on or in the building, premises or structure, or personal injury or loss of life of the occupants thereof or persons in or about such premises, building or structure; also with regard to the condition of the chimneys, stoves, stovepipes, boilers and places of deposit of ashes. The inspector shall wear the regulation uniform of the fire department or produce proper credentials. (Code 1982, § 11-32) State law references: Municipal inspection of buildings, 25 M.R.S.A. 2351--2360; inspection by the state insurance commissioner, removal of dangerous matter, appeal, exits, 25 M.R.S.A. § 2392. Sec. 38-39. Appeal from order of fire chief. Should any owner, lessee or occupant of any premises, building or structure or the owner or person in control of any materials, goods, wares or merchandise, chimneys, stove, stovepipe, boiler or place of deposit of ashes, consider himself aggrieved by an order of the chief of the fire department, he may, within 24 hours after the receipt of such order, appeal to the insurance commissioner of the state, who shall, within ten days, review such order and file his decision thereon, and such decision shall be final and shall be complied with within such time as may be fixed in such order or decision of the insurance commissioner. (Code 1982, § 11-33) Sec. 38-40. Violations of article. Except as otherwise provided in this article, any person violating any of the provisions of this article or neglecting to comply with any order issued pursuant to any provisions of this article shall be guilty of an offense. Each day a violation is permitted to exist beyond a reasonable period after service of an order shall constitute a separate offense. (Code 1982, § 11-34)