Subd. 1.  Code adopted.

          A.  That certain document, one copy of which is on file in the office of the City Recorder being marked and designated as the Minnesota Fire Code, 2003 Edition and amendments, 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 explosion, except the portions as are modified and amended by Subd. 4 of this section.

          B.  Every provision contained in this code, except as modified or amended, is hereby adopted and made a part of this section the same as if fully set forth herein.

(Ord. 417, Second Series, passed 8-18-98; Am. Ord. 494, Second Series, passed 4-21-03)

     Subd. 2.  Definitions.

          A.  JURISDICTION.  As used in the Minnesota Uniform Fire Code, the City of Austin.

          B.  CORPORATION COUNSEL.  As used in the Minnesota Uniform Fire Code, the City Attorney.

(Ord. 115, Second Series, passed 5-21-85)

     Subd. 3.  Limits.

          A.  The limits referred to in Article 79 of the Minnesota Uniform Fire Code, in which storage of Class I flammable or combustible liquids in outside above or below ground storage tanks are prohibited in the R-1, R-2 and R-M zoning districts.  The storage of Class I liquids shall be underground in the B-1, B-2, B-3, I-1 and I-2 zoning districts, except as modified under Subpar. B, “bulk plants.”  The storage of Class I, II and III liquids shall be underground in all zoning districts unless approved as a conditional use within the A-l and R-O districts and Class II and III fluids within R-1 and R-2 zoning districts, provided the installation is in accordance with N.F.P.A. Standard 30 and the Uniform Fire Code.  The Fire Chief may grant a temporary permit for certain above storage based on special needs or requirements, topographical conditions, occupancy, adjacent buildings and tank capacity.

          B.  The limits referred to in Article 79 of the Minnesota Uniform Fire Code in which bulk plants for Class I flammable or combustible liquids are prohibited within the corporate limits of the city are hereby amended as follows:  the storage of Class I liquids in the area known as the Austin Industrial Park may be above or below ground and any expansion in an existing I-2 zone outside of the Austin Industrial Park shall be allowed provided that the storage tanks are located underground and installed according to the N.F.P.A. Standard 30 and the Minnesota Uniform Fire Code.

          C.  The storage of liquified gas is prohibited in all zoning districts, except in I-2 districts.  The Fire Chief, pursuant to this Code, with this option that a temporary or permanent storage be allowed in other zoning districts based on special needs or requirements, topographical conditions, occupancy, adjacent buildings and tank capacity.

(Ord. 406, Second Series, passed 5-4-98; Am. Ord. 441, passed 9-7-99)

     Subd. 4.  Amendments made in the Minnesota Uniform Fire Code.  The Minnesota Uniform Fire Code is amended and changed in the following respects:

          A.  Section 2.103 of the Minnesota Uniform Fire Code (is added in its entirety).

          B.  Section 2.104 of the Minnesota Uniform Fire Code (is added in its entirety).

          C.  Appendixes II-C (Marinas), Appendixes V-A (Nationally Recognized Standards of Good Practice), V1-B (Model Citation Program) and V1-D (Unit Conversion Table) of the Minnesota Uniform Fire Code are deleted in their entirety.

     Subd. 5.  Appeals.  Whenever the Chief of the Fire Department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the Minnesota Uniform Fire Code do not apply, or the true intent and meaning of the 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 30 days from the date of the decision.

     Subd. 6.  Violations.

          A.  Any violation of any provision of the Fire Code or failure to comply therewith, or violation or failure to comply with any order made thereunder, or any building in violation of any specifications or plans submitted and approved thereunder or in violation of any certificate or permit issued thereunder, and from which no appeal has been taken, or failure to comply with the order as affirmed or modified by the Council or by a court of competent jurisdiction, within the time fixed herein, shall be a separate violation.

          B.  The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and any person responsible for the violation shall correct or remedy the violation or defect within a reasonable time.  When not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense.  The application of any penalty shall not be held to prevent the enforced removal of prohibited conditions.

     Subd. 7.  Unlawful act.  It is unlawful for any person to violate any provisions of this section.

(Ord. 115, Second Series, passed 5-21-85)  (`80 Code, § 10.09)  Penalty, see § 1.99