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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.)
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.)
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.)
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.)
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 307.1.2 Local Burning Ordinances Preserved. Nothing in this Code shall be construed as prohibiting the City from regulating matters of open burning pursuant to Chapter 1613 of the Howell City Code. In the event of a conflict between this Code and Chapter 1613, Chapter 1613 shall be deemed to supersede this Code and control, for so long as it remains in force. Notwithstanding Chapter 1613, however, the Fire Chief, Fire Marshal, or fire code official shall retain the authorization under Section 307.7 of this code to ban all open burning if conditions warrant.
Section 307.6 Fire department training. Open burning is allowed for the purpose of training fire fighters in fire fighting practice, or for the purpose of training the public, including workers or employees, or for the purpose of demonstration by the fire official or other trained fire personnel, when such burning is done in accordance with accepted practice.
Section 307.7 Banning open burning. The Fire Chief, Fire Marshal, or fire code official shall be authorized to issue a ban on all open burning if conditions are too hazardous in the opinion of the fire code official to allow the open burning, open flame, etc.
(Ord. 763. Passed 9-27-04; Ord. 816. Passed 10-13-08; Ord. 893. Passed 5-4-15.)
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