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Chapter 902 Fire Prevention
SECTION:
902.01: Adoption of Minnesota State Fire Code
902.02: Establishment and Duties of Fire Marshal
902.03: Permits Required
902.04: Fire Prevention Inspections
902.05: Explosives and Blasting Agents
902.06: Storage of Flammable Liquids
902.07: Bulk Storage of Liquefied Petroleum Gas
902.08: Open Flame Fire on Apartment Balconies
902.09: New Materials, Process or Occupancies
902.10: Evidence of Compliance with Code
902.11: Revocation of Permits
902.12: Day Care Facilities Fire Code Inspection
902.13 Appeal

902.01: ADOPTION OF MINNESOTA STATE FIRE CODE:
The most recent edition of the Minnesota State Fire Code, as published by the International Fire Code Institute and adopted by the State Fire Marshal, along with all amendments to that edition adopted by the State Fire Marshal are adopted by reference and made a part of the City Code. (1995 Code) (Ord. 1289, 8-4-2003, eff 1-1-2004)

902.02: ESTABLISHMENT AND DUTIES OF FIRE MARSHAL[1]:
A. The Minnesota State Fire Code shall be enforced by the office of the Fire Marshal of the City.
B. The Fire Marshal shall be appointed by the Fire Chief. (Ord. 976, 6-24-85)
C. Whenever the term State Fire Marshal or Fire Chief appear in the Minnesota State Fire Code, it shall include the Fire Marshal of the City. (Ord. 1060, 5-22-89)
(Ord. 1289, 8-4-2003, eff 1-1-2004)
D. The Chief of the Fire Department may detail members of the Fire Department as assistant Fire Marshals.
E. A report of the office of the Fire Marshal shall be made annually and shall be transmitted to the City Manager. It shall contain all proceedings under this Code with such statistics as the City Manager may require. (Ord. 976, 6-24-85)

[1] See also Chapter 106 of this Code.

902.03: PERMITS REQUIRED:
A permit from the Fire Marshal is required to conduct the following:

A. Install any automatic fire sprinkler system.
B. Install any automatic fire suppression or extinguishing system. (Ord. 1060, 5-22-89)
C. Modify an automatic sprinkler, fire suppression system or fire extinguishing system. (Ord. 1095, 7-22-91)
D. Install any aboveground or underground liquid fuel storage tank.
E. Install any aboveground or underground liquefied gas storage tank.
F. Install or modify any fire alarm detection or signaling system when the value of the installation or modification exceeds one thousand dollars ($1,000.00).
G. Remove an underground liquid fuel storage tank. (Ord. 1060, 5-22-89)
H. Clean and degrease commercial hoods and ducts. (1995 Code)

A fee, as established in Section 901.06 of this Code shall be paid for each permit required by this Section. A plan check fee as authorized in Section 901.06 of this Code is required. (Ord. 1060, 5-22-89; amd. 1995 Code) (Ord. 1289, 8-4-2003, eff 1-1-2004)

902.04: FIRE PREVENTION INSPECTIONS:
Fire Inspection personnel of the City are authorized to conduct fire prevention inspections of any and all Group A, B, E, H, I, F, M, S, and R occupancies as defined in the Minnesota State Building Code, located within the City. (Ord. 1060, 5-22-89; amd. 1990 Code) (Ord. 1289, 8-4-2003, eff 1-1-2004)

902.05: EXPLOSIVES AND BLASTING AGENTS:
A. Establishment of Limits of Districts in which Storage of Explosives and Blasting Agents are to be Prohibited: Storage of explosives and blasting agents is prohibited in all areas other than those zoned I-1 and I-2 and then only when stored in accordance with NFPA No. 495.
B. Establishment of Motor Vehicle Routes for Vehicles Transporting Explosives and Blasting Agents[1]: Designated routes for vehicles transporting explosives and blasting agents are hereby established as follows: State Trunk Highway 36 from Rice Street west to the west City limits, State Highway 280 from the south City limits to the confluence with STH No. 36 and Interstate 35W to the north City limits, Snelling Avenue north of STH No. 36 to County Road "C", County Road "C" from Snelling Avenue west to Long Lake Road, Fairview Avenue from County Road "C" north to the intersection of Terrace Drive, Long Lake Road south from County Road "C" to Terminal Road, Terminal Road west to the Minnesota Transfer Railway tracks, and St. Croix Street south from Terminal Road to STH No. 36. (Ord. 867, 9-22-80)

[1]See also M.S.A. ยงยง169.80 through 169.88, 221.033 and 299F.19; United States Code, title 49, sections 1801 50 1811 and the provisions of Code of Federal Regulations, title 49, sections 171 to 199.

902.06: STORAGE OF FLAMMABLE LIQUIDS:
A. Outside Aboveground Tanks: The limits referred to in the Minnesota State Fire Code in which storage of flammable liquids in outside aboveground tanks is prohibited are hereby established as follows: All areas other than that area bounded by Cleveland Avenue, STH No. 36, the north City limits and the west City limits.
B. New Bulk Plants: The limits referred to in the Minnesota State Fire Code in which new bulk plants for flammable liquids are prohibited are hereby established as follows: All areas other than that area bounded by Cleveland Avenue, STH No. 36, the north City limits and the west City limits. (Ord. 867, 9-22-80; amd. 1995 Code)
(Ord. 1289, 8-4-2003, eff 1-1-2004)
C. Other Nonresidential Areas:
1. Permit: Notwithstanding the limits for aboveground storage tanks established in subsections A and B above, such storage tanks in other nonresidentially zoned areas may be allowed by issuance of a permit approved by the City Council. The permit is subject to review and recommendations of the Fire Marshal and to conditions imposed by the City Council.
2. Requirements: Storage tanks permitted by this subsection shall be designed to meet all applicable State and Federal regulations and setback requirements, shall be located in rear yards and shall be screened from eye level view from adjacent properties and public streets by buildings, landscaping or by a screen wall. Screen walls shall be constructed of similar and compatible materials to that of the principal structure.
3. Annual Review: Annually, the City Council shall review the site and tank permit for compliance with the original permit.
4. Termination for Noncompliance: The City Council may terminate the permit for noncompliance or require additional improvements consistent with this subsection.
5. Automatic Expiration; Extension of Permit: Such use of the land shall automatically expire five (5) years after the original date of approval. Thereafter the applicant may apply for an annual one year extension of the permit. (Ord. 1128, 9-27-93)

902.07: BULK STORAGE OF LIQUEFIED PETROLEUM GAS:
A. Establishment of Limits in Which Bulk Storage of Liquefied Petroleum Gas Is to Be Restricted: The limits referred to in the Minnesota State Fire Code in which bulk storage of liquefied petroleum gas is restricted are hereby established as follows: All areas except those areas zoned I-1 and I-2. Such storage is permissible in B-1, B-1B, B-2 and B-3 Districts by conditional use permit issued by the City Council. (Ord. 867, 9-22-80; amd. 1995 Code) (Ord. 1289, 8-4-2003, eff 1-1-2004)
B. Protection Systems: All bulk storage facilities for liquefied petroleum gas containing two thousand (2,000) gallons water capacity or more shall be stored in tanks protected from fire by one of the following protection systems:
1. Preaction Water Spray System: A preaction water spray system designed in accordance with National Fire Protection Association Standard No. 15 which is hereby adopted by reference.
2. Fire Proof Insulation: Tanks coated with a water based, thermally activated, subliming, intumescent fireproofing insulation capable of passing a minimum fire resistance test of one hour when tested on steel pressure vessels using standard industry tests; the surface coating shall be impermeable and hard-shelled to resist weathering.
3. Mounded above Grade: Upon the submission of detailed plans and specifications and upon the written approval of the Fire Chief and the Fire Marshal, tanks may be mounded above grade. (Ord. 867, 9-22-80)
4. Shutoff Valve: Tanks shall be equipped with a valve at the outlet of the tank. The valve shall be designed to automatically shut off the flow of fuel in the event of the following conditions:
a. Excess flow of fuel.
b. Automatic detection of fire conditions.
The valve shall also be capable of manual operation. The valve shall be interconnected with all related electrical equipment. (Ord. 1060, 5-22-89)
C. Permit Required:
1. Notwithstanding the limits for aboveground storage tanks established in subsections A and B above, such storage tanks in other nonresidentially zoned areas may be allowed by issuance of a permit approved by the City Council. The permit is subject to review and recommendations of the Fire Marshal and to conditions imposed by the City Council. Annually, the Council shall review the site and tank permit for compliance with the original permit. The Council may terminate the permit for noncompliance or require additional improvements consistent with this subsection.
2. Storage tanks permitted by this subsection shall be designed to meet all applicable State and Federal regulations and setback requirements, shall be located in rear yards and shall be screened from eye level view from adjacent properties and public streets by buildings, landscaping or by a screen wall. Screen walls shall be constructed of similar and compatible materials to that of the principal structure.
3. Such use of the land shall automatically expire five (5) years after the original date of approval. Thereafter, the applicant may apply for an annual one year extension of the permit. (Ord. 1128, 9-27-93)

902.08: OPEN FLAME FIRE ON APARTMENT BALCONIES:
A. Except where the balconies and the building are of all masonry or steel construction, in any multiple-family dwelling classified as R-1 and R-2 occupancy by the Minnesota State Building/Uniform Fire Code, 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 fifteen (15) feet of the structure. (Ord. 1289, 8-4-2003, eff 1-1-2004)
B. No person shall store or use any fuel, barbecue, torch or other similar heating or lighting chemical or device in the locations designated in subsection A. above.
C. Exception: Occupants may apply to the Fire Chief or Fire Marshal for a permit to allow barbecue grills which are affixed to the balcony and which utilize direct connection to the building's electric or natural gas system. (Ord. 1151, 9-12-94)

902.09: NEW MATERIALS, PROCESS OR OCCUPANCIES:
The City Manager, the Chief of the Fire Department and the 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 this Code. The Fire Marshal shall post such list in a conspicuous place in the Fire Marshal's office and distribute copies to interested persons. (Ord. 867, 9-22-80)

902.10: EVIDENCE OF COMPLIANCE WITH CODE:
The City Manager or the Fire Marshal if so designated by the Manager, may accept written reports from qualified persons that any particular establishment is complying with all the regulations of the Minnesota State Fire Code. The City Manager in determining who is qualified to make such reports may consider licenses held by such individuals in other municipalities. (Ord. 867, 9-22-80) (Ord. 1289, 8-4-2003, eff 1-1-2004)

902.11: REVOCATION OF PERMITS:
The office of the Fire Marshal may revoke a permit or approval issued if any violation of the Minnesota State Fire Code is found upon inspection or where there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based. (Ord. 867, 9-22-80) (Ord. 1289, 8-4-2003, eff 1-1-2004)

902.12: DAY CARE FACILITIES FIRE CODE INSPECTION:
All day care fire/life safety inspection fees shall be as established in the City Fee Schedule in Section 314.05. (Ord. 1289, 8-4-2003, eff 1-1-2004)

902.13: APPEAL:
(Ord. 1289, 8-4-2003, eff 1-1-2004)
An appeal of the following actions can be made to the City Council by the affected party within thirty (30) days of the affected party being notified of the actions:

A. Issuance of fire prevention orders.
B. Extension of time limits for compliance with a fire prevention order issued by the Fire Marshal.
C. Refusal of the Fire Marshal to issue permits authorized in this Code.
D. Revocation of a permit pursuant to this Code.
E. Affected party claims that the Code does not apply or that the intent of the Code has been misconstrued or wrongly interpreted. (Ord. 1060, 5-22-89; amd. 1995 Code)

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