AN ORDINANCE ADOPTING THE MINNESOTA STATE FIRE CODE
The City Council of the City of Austin does ordain:
SECTION 1. Section 10.09 of City Code Chapter 10, shall be repealed.
SECTION 2. A new Section 10.09 of Chapter 10, is hereby added and shall read as follows:
10.09 UNIFORM FIRE CODE.
Subd. 1. Code adopted.
- That certain document, one copy of which is on file in the office of the Fire Chief being marked and designated as the Minnesota State Fire Code, 2015 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.
- 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.
Subd. 2. Definitions.
- As used in the Minnesota State Fire Code, the City of Austin.
- CORPORATION COUNSEL. As used in the Minnesota State Fire Code, the City Attorney.
Subd. 3. Limits.
- The allowable limits referred to in Chapter 57 of the Minnesota State Fire Code, regarding storage of 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 flammable or combustible 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 flammable and combustible liquids shall be underground in all zoning districts unless approved as a conditional use within the A-1 and R-O zoning districts and combustible liquids within the R-1 and R-2 zoning districts, provided the installation is in accordance with NFPA Standard 30 and the Minnesota State Fire Code. The Fire Chief may grant a temporary permit for certain above ground storage based on special needs or requirements, topographical conditions, occupancy, adjacent buildings and tank capacity.
- The allowed limits referred to in Chapter 57 of the Minnesota State Fire Code in which bulk plants for flammable or combustible liquids are prohibited within the corporate limits of the city are hereby amended as follows: The storage of flammable liquids in the area known as the ‘ Industrial Park may be above or below ground and any expansion in an existing I-2 zone outside of the ‘ Industrial Park shall be allowed provided that the storage tanks are located underground and installed according to the NFPA Standard 30 and the Minnesota State Fire Code.
- The storage of liquefied gas is prohibited in all zoning districts, except in I-2. The Fire Chief, pursuant to this Code, may grant a temporary storage permit or allow permanent storage in other zoning districts based on special needs or requirements, topographical conditions, occupancy, adjacent buildings and tank capacity.
Subd. 4. Amendments made in the Minnesota State Fire Code. The Minnesota State Fire Code is amended and changed in the following respects:
- Appendix B Fire-Flow Requirements for Buildings of the Minnesota State Fire Code (is added in its entirety).
- Appendix C Fire Hydrant Locations and Distribution of the Minnesota State Fire Code (is added in its entirety).
- Appendix D Fire Apparatus Access Roads of the Minnesota State Fire Code (is added in its entirety).
- Appendix I Fire Protection Systems—Noncompliance Conditions of the Minnesota State Fire Code (is added in its entirety).
- Pursuant to 901.6.2 Contractors who perform installation, inspection, testing and/or maintenance services on fire and life safety systems or any other similar related systems within the city shall report to the Austin Fire Department using a method approved by the Fire Chief. This method may include electronic or computer based recording systems as determined by the Fire Chief.
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 State 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.
- 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.
- 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.
Passed by a vote of yeas and nays this 1st day of August, 2016
YEAS 6 NAYS 0
City Recorder Mayor
The foregoing ordinance was introduced August 1, 2016; adopted August 1, 2016; published in the Austin
Daily Herald on August 5, 2016; and becomes effective August 12, 2016.