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Howell, MI, Code of Ordinances
CODE OF ORDINANCES
CERTIFICATION
DIRECTORY OF OFFICIALS (2023)
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES
CHARTER
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
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1612.03 UNLAWFUL BOARDING OR TAMPERING WITH AUTHORITY/DEPARTMENT EQUIPMENT.
   A person shall not, without proper authorization from the fire official in charge of said fire authority/department emergency equipment, cling to, attach to, climb upon or into, board, or swing upon any fire authority/department emergency vehicle, whether the same is in motion or at rest, operate any emergency warning equipment, or to manipulate or tamper with any levers, valves, switches, starting devices, brakes, pumps, or any equipment or protective clothing on, or a part of, any fire department emergency vehicle.
(Ord. 763. Passed 9-27-04.)
1612.04 DAMAGE/INJURY TO AUTHORITY/DEPARTMENT EQUIPMENT AND/OR PERSONNEL.
   It shall be unlawful for any person to damage or deface, or attempt or conspire to damage or deface, any fire department emergency vehicle or equipment at any time; or to injure, or attempt or conspire to injure, fire authority/department personnel while performing authority/departmental duties.
(Ord. 763. Passed 9-27-04.)
1612.05 GENERAL AND REQUIRED OPERATIONAL PERMITS.
   Permits shall be in accordance with Section 1610.01, otherwise being section 105 of the International Fire Code of the Fire Prevention Code. Where reference is made to this section for permits elsewhere in this code and there are no provisions for issuing said permits by the department of fire prevention, the code official is authorized to waive the particular permit requirement. The code official is authorized to issue operational permits for the operations set forth herein and in Chapter 1610 of the Code. Where there are no provisions for issuing said permits, the code official is authorized to waive the particular permit requirement.
(Ord. 763. Passed 9-27-04.)
1612.06 HAZARDOUS MATERIAL REFERENCES.
   The following subsections of the International Fire Code as adopted pursuant to Section 1610.01 of the Howell City Code are hereby amended as follows:
   Section 105.6.20 Hazardous Materials. An operational permit is required to store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed in Table 105.6.20. An operational permit, once issued, shall remain valid until revoked or until the occupancy for which the permit was issued shall change ownership. Upon any change of ownership, a new operational permit for the occupancy shall be required to store, transport or site, dispense, use or handle hazardous materials in excess of the amounts listed in Table 105.6.20. Notwithstanding the fact that no additional permit need be issued, nor any further fee charged, for a change in the operation or manner of storage, transportation, dispensing, use or handling of the permitted hazardous substance, nor for any change in the type of hazardous substance being so used, any such change from the conditions of the original permit shall create a duty on the permit holder to advise the fire marshal or his designee of such changes forthwith. Failure to comply with this notification mandate may be cause for revocation of an operational permit where the circumstances surrounding such permit have been changed without notice to the fire marshal.
   Exception:   (1)   Nothing in this subsection shall apply to a farm or farm operation as defined in Section 202 of this Code and Michigan Complied Laws Section 286.472, that being the Michigan Right to Farm Act, Act 93 of the Public Acts of 1981, as amended.
            (2)   Nothing in this subsection shall apply to one or two family dwelling occupancies.
   Section 105.6.20.1 Required amounts for reporting. Reportable quantities shall be considered the maximum amount of hazardous material on site at any given time. This amount is required to be reported to the fire department as indicated in Table 105.6.20.
   Section 105.6.20.2 Permit Fees. The following fees shall be applied to the maximum quantity of each form of hazardous materials:
   Quantity & Form                  Fee
   0 - 1,000 lbs.; 0 - 100 cu. ft.; 0 - 330 gal.          $100.00
   1,001 - 20,000 lbs; 101- 6,000 cu. ft.; 331 - 990 gal.      $250.00
   20,001 + lbs.; 6,001 + cu. ft.; 991 + gal.          $500.00
(Ord. 763. Passed 9-27-04; Ord. 893. Passed 5-4-15.)
1612.07 INSTALLATION OF FIRE SUPPRESSION AND PERMIT FEES; INSTALLATION OF FIRE ALARM/DETECTION SYSTEMS AND PERMIT FEES.
   The following subsections of the International Fire Code as adopted pursuant to Section 1610.01 of the Howell City Code are hereby amended as follows:
   Section 105.7.1.1 Installations. Before any fire suppression system or component is installed, enlarged, extended or modified, a permit shall be obtained from the code official. This shall include any device or relay connected to or controlled by the fire suppression system. A qualified installer who is properly licensed and/or certified to perform such work as determined by the code official must perform all work. Construction documents shall be reviewed by the code official prior to the issuance of the permit. Upon issuance of the permit, the permit must be posted at the job site in plain view.
   Section 105.7.1.2 Permit fees. Permit fees cover initial plan review and two inspections.
      Sprinkler Systems:
      Riser(s) & Sprinkler Heads         Fee
      1 - 20 heads               $80.00
      21 - 50 heads               $90.00
      51 - 100 heads               $100.00
      101-200 heads               $120.00
      201 - 300 heads            $140.00
      301 - 400 heads            $160.00
      401 - 500 heads            $180.00
      501 - 1000 heads            $200.00
      > 1001 heads               $0.50 per head
      Standpipes: $45.00 per standpipe.
      Fire pump: $50.00
Dry or wet chemical fire suppression systems: $90.00 per system. Each additional system in the same building reviewed at the same time is $45.00. Alterations, additions, or modifications to each existing system are $35.00.
      Total flooding agent extinguishing systems: $90.00 plus appropriate detection system fee.
Plan Reviews: The code official might require an outside third party. This review will be charged at the current fire safety consultants or plan reviewer's rates. These fees shall be paid prior to issuance of the permit.
Section 105.7.7.1 Installations. Before any fire alarm or detection system or component is installed, enlarged, extended or modified, a permit shall be obtained from the code official. This shall include auxiliary devices such as magnetic locks, electronic locks, or any device or relay connected to or controlled by the fire alarm or detection system. A qualified installer who is properly licensed and/or certified to perform such work as determined by the code official must perform all work. Construction documents shall be reviewed by the code official prior to the issuance of the permit. Upon issuance of the permit, the permit must be posted at the job site in plain view.
Section 105.7.7.2 Permit fees. Permit fees cover initial plan review and two inspections.
      Device                     Fee
      Control Panel                  $20.00
      First initiating or auxiliary
      Control devices (smoke detector,
      Heat detector, control switch, etc.)         $10.00
      Each additional initiating or aux control
      Device   $0.50 per device
      First audio/visual indicating or
      Communications device (horn, strobe,
      Bell, etc.)                  $10.00
      Each additional audio/visual indicating
      or communications device            $0.50 per device
Plan Reviews: The code official might require an outside third party. This review will be charged at the current fire safety consultants or plan reviewer's rates. These fees shall be paid prior to issuance of the permit.
(Ord. 763. Passed 9-27-04; Ord. 893. Passed 5-4-15; Ord. 926. Passed 7-22-19.)
1612.08 PERMIT ISSUANCE; ADDITIONAL FEES; CANCELLATION FEES.
   The following subsections of the International Fire Code as adopted pursuant to Section 1610.01 of the Howell City Code are hereby amended as follows:
   Section 105.7.26 Permit issuance. A permit granted hereunder shall not be transferable nor shall any such permit be extended beyond the time set forth therein unless approved by the fire official. When work is started without a permit, the permit fee shall be doubled.
   Section 106.6 Additional fees. The following fees may be charged for a re-inspection and shall apply to each inspector performing the re-inspection. These fees shall be paid in full prior to the re-inspection being performed.
      1.   $30.00 per re-inspection during normal working hours.
      2.   $75.00 per re-inspection during non-working hours.
   Section 106.7 Cancellation fees. Handling cost of permits canceled after being issued is 35% of the permit fee or $10.00, whichever is greater.
(Ord. 763. Passed 9-27-04; Ord. 893. Passed 5-4-15; Ord. 926. Passed 7-22-19.)
1612.09 BOARD OF APPEALS.
   The following subsections of the International Fire Code as adopted pursuant to Section 1610.01 of the Howell City Code are hereby amended as follows:
   Section 109.4 Board of appeals members. The board of appeals shall consist of the following:
   Two (2) members of the Howell Area Fire Authority board. Three (3) certified fire inspectors from a jurisdiction outside the Howell Area Fire Authority.
      No member of the appeals board shall have a conflict of interest with the issue being addressed.
(Ord. 763. Passed 9-27-04; Ord. 926. Passed 7-22-19.)
1612.10 VIOLATIONS; PENALTIES; MUNICIPAL CIVIL INFRACTIONS; COLLECTION OF CHARGES.
   The following subsections of the International Fire Code as adopted pursuant to Section 1610.01 of the Howell City Code are hereby amended as follows:
   Section 109.5 Prohibited parking; exception; bus-loading zone; violation as civil infraction. The code official may issue a civil infraction against a person who parks a vehicle in such a manner as to conflict, obscure, prevent or obstruct access to fire hydrants, fire stations, accidents, emergency exits for egress from a building, within 500 feet of a fire blocking designated fire lanes or any other violation under Ordinance No. 745 or Ordinance 746 of the Howell City Code as it relates to fire safety violations.
   Section 110.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair, or do work in violation of the approved construction documents or directive of the code official, or of a permit or certificate used under provisions of this code, shall be responsible for a municipal civil infraction. The sanction for a violation which is a municipal civil infraction shall be a civil fine in an amount as set forth in section 202.99 of the Howell City Code, plus any costs, damages, expenses and other sanctions, as authorized by the Revised Judicature Act, MCL 600.101, et seq., that being Act No 236 of the Public Acts of 1961, as amended, and other applicable laws.
   Section 110.5 Fee Schedule. For any violation of the parking requirements listed in Section 109.54 of this Code, the fine for such an offense shall be as set forth in Chapter 430.05 of the Howell City Code.
   Section 110.5.1 Towing and Storage Costs. In addition to the above violation penalties, a person who violates this section shall be responsible for all vehicle towing and storage costs incurred if the Fire Chief and/or his/her designees, as defined in Section 109.5 (2) herein, determines that the vehicle parked in violation of section 109.5 must be towed to insure public safety and/or fire department access to a building or emergency scene.
   Section 110.6 Application and allocation for fees, fines. Payment for any permit fees shall be paid to the Howell Area Fire Authority. Payment for civil infraction or municipal civil infraction fines and costs shall be paid to the City.
   Section 110.6.1 Issuing of tickets for violations. The Fire Chief and/or his/her designees, who shall be the Deputy Fire Chief, Assistant Fire Chiefs, Fire Marshal, and fire inspectors assigned to the Fire Marshal's Division shall be authorized to issue tickets for violation of any code within this Chapter.
   Section 112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be issued a municipal civil infraction violation notice pursuant to Chapter 202 of the Howell City Code.
   Section 112.5 Collection of charges. The Howell Area Fire Authority may proceed in a court of appropriate jurisdiction to collect any monies remaining unpaid for services provided as a mature debt of the Howell Area Fire Authority and shall have any and all other remedies provided by law for the collection of all charges.
   Section 114.1 False alarms; inspections; orders to correct.
   (1)   A fire, sprinkler, or water alarm system experiencing more than two false alarms within a thirty-day (30) period or four false alarms within the calendar year is deemed defective. Upon written notice to the owner or lessee of the alarm system by the Fire Chief and/or his/her designee, the owner or lessee shall have the system inspected by an alarm system contractor who shall, within fifteen days, file a written report to the fire chief and/or his/her designee of the result of his/her inspection, the probable cause of the false alarms and his/her recommendation for eliminating false alarms.
   (2)   Upon receipt of the report, the fire chief and/or his/her designee shall forward the same to the owner or lessee, ordering corrections, based upon recommendations contained in the report.
   (3)   The owner or lessee shall have three working days from the receipt of the order to make such corrections. Thereafter, to defray the cost of responding to false alarms, the owner or lessee of an alarm system shall pay to the fire authority the amount of the response as per the cost recovery fees for each false alarm received and responded to by the fire department during the calendar year in which the order to correct the system was issued. The amount due to the fire authority shall be paid forthwith upon demand by the fire department and if not so paid, the fire authority and/or designee shall have the right, along with all of the other rights it may have, to impose a lien on the real and personal property of the owner or lessee and such lien shall be enforced in the same manner as are delinquent taxes.
   Section 114.2 Misrepresented False Alarms. It shall be unlawful for any person to summon, in any way, the fire department unless a valid reason for its response is present. The fire chief and/or his/her designee shall have the authority to issue fines as per the cost recovery ordinance to any person causing a false alarm, if the person causing a false alarm is a minor the fines shall be the responsibly of the minors legal supervisor.
(Ord. 763. Passed 9-27-04; Ord. 893. Passed 5-4-15; Ord. 926. Passed 7-22-19.)
1612.11 DEFINITIONS.
   The following subsections of the International Fire Code as adopted pursuant to Section 1610.01 of the Howell City Code are hereby amended as follows:
   Section 202 General Definitions. The following definitions shall be in addition to the definitions noted in the International Fire Code, 2018 edition.
   "Code Official" The fire chief, fire marshal, fire inspector, code enforcement officer, or other designated authority charged by the applicable governing body with the duties of administration and enforcement of the code, or duly authorized representative. The term "fire official" may be used interchangeably with "code official" in this code.
   "False Alarm" Means the activation of an alarm of an alarm system through mechanical failure, malfunction, improper installation or the negligence of the owner or lessee of an alarm system or his/her employee or agent. "False alarm" does not include the alarm caused by severe weather or other violent conditions beyond the control of the owner or lessee of an alarm system or his/her employee or agent.
   "Farm" Means the land, plants, animals, buildings, structures, including ponds used for agricultural or aqua cultural activities, machinery, equipment, and other appurtenances used in the commercial production of farm products. MCL 286.472(a).
   "Farm Operations" Means the operation and management of a farm or a condition or activity that occurs at any time as necessary on a farm in connection with the commercial production, harvesting, and storage of farm products. MCL 286.472(b).
   "Fire Watch" A temporary measure intended to ensure continuous and systematic surveillance of a building or portion thereof by one or more qualified individuals for the purposes of identifying and controlled fire hazards, detecting early signs of unwanted fire, raising an alarm of fire and notifying the fire department by method(s) approved or recommended by the code official.
   "Misrepresented False Alarm" The willful and knowing initiation or transmission of a signal, message or other notification of event of fire or the emergency when no danger exists.
   "Water Capacity" The amount of water, in either pounds or gallons, at 60 deg. F (15.6 deg. C) required to fill a container full of water.
(Ord. 763. Passed 9-27-04; Ord. 893. Passed 5-4-15; Ord. 926. Passed 7-22-19.)
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