(A)   Adoption of Code.  Pursuant to authority granted by Section 3(k) of the Home Rule Cities Act, Michigan Public Act 279 of 1909, being M.C.L.A. §§ 117.1 et seq., as amended, the International Fire Code, 2015 Edition (the “Code”), including all appendices, except Appendix A, as published by the International Code Council, a copy of which is on file in the office of the City Clerk, is adopted as the Fire Code of the City of Saugatuck and all of the regulations, provisions, terms, conditions and penalties of the Code are hereby adopted and made a part hereof, as if fully set out in this ordinance, together with any additions, deletions and changes stated in this section.
   (B)   Revisions in text of code.
      (1)   Section 101.1 of the Code is amended to insert “the City of Saugatuck”.
      (2)   Section 103.2 of the Code is amended to read in its entirety as follows:
         103.2  Appointment.  As used in this code, the term ‘fire code official’ shall refer to the Fire Chief of the Saugatuck Township Fire District, or such other individual as the City Council of the City of Saugatuck may from time to time appoint by resolution.
      (3)   Section 108 of the Code is amended to read in its entirety as follows:
         108.1 Board of appeals established. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, there is hereby created a board of appeals comprised of three (3) members of the Fire Administrative Board. Elected or non-elected officials may be appointed to serve as members of the board of appeals in any capacity. Each jurisdiction which is a constituent member of the Saugatuck Township Fire District shall appoint one (1) regular member to the board of appeals consistent with this code. Each jurisdiction shall also appoint one (1) alternate member who will be called to serve in the absence or disqualification of the jurisdiction's regular member. Members appointed to the board of appeals shall serve at the pleasure of the appointing jurisdiction's governing body; provided, however, that a board of appeals member must also be a member of the Fire Administrative Board. The fire code official shall be an ex officio member of the board of appeals but shall have no vote on any matter before the board. The board of appeals shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official.
         108.2 Limitations on authority. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed. The board shall have no authority to waive the requirements of this code.
         108.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to hazards of fire, explosions, hazardous conditions or fire protection systems.
         108.4 Meetings. The board shall meet at regular intervals, to be determined by the chairman. In any event, the board shall meet within 10 days after notice of appeal has been received.
         108.5 Decisions. Every decision shall be promptly filed in writing in the office of the fire code official and shall be open to public inspection. A certified copy shall be sent by mail or otherwise to the appellant, and a copy shall be kept publicly posted in the office of the fire code official for two weeks after filing.
      (4)   Section 109.3.3 is amended to read in its entirety as follows:
         109.3.3 Prosecution of violations. If the notice of violation is not complied with within the time prescribed by the fire code official, the fire code official may proceed as follows:
         (a)   He may issue municipal civil infractions (directing alleged violators to appear in court) or municipal civil infraction notices (directing alleged violators to appear at the municipal ordinance violations bureau); or
         (b)   He may request that legal counsel for the City institute appropriate proceedings at law or equity to restrain, correct or abate such violation or to require the removal or termination of the unlawful use of a building or structure in violation of the provisions of this code or of the order of direction made pursuant thereto.
      (5)   Section 109.4 of the Code is amended to read in its entirety as follows:
         109.4 Violation Penalties. Except as provided by Michigan law, a violation of this Code is a municipal civil infraction, for which the fine shall be not less than $250 for the first offense, not less than $500 for a second offense and not more than $1,000 for a subsequent offense, in the discretion of the court, in addition to all other costs, damages, attorneys fees and expenses. Each day during which any violation continues shall be deemed a separate offense. The foregoing penalties shall not prohibit the City from seeking injunctive relief against a violator or such other appropriate relief as may be provided by law.
      (6)   Section 111.4 of the Code is amended to read in its entirety as follows:
         111.4  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 in violation of this Code.  Such violation shall be a municipal civil infraction in accordance with Section 109.3.
      (7)   Geographic limits. Sections 5704., 5706.2.4.4, 5806.2, and 6104.2 of the Code are amended to state that the entire territory of the City of Saugatuck is the geographic area within which the storage of the stated hazardous and flammable fluids, liquids and gases is prohibited.
(Am. Ord. 080908-1, passed 9-8-2008; Am. Ord. 090112-1, passed 1-12-2009; Am. Ord. 150223-1, passed 2-23-2015; Am. Ord. 170724-1, passed 7-24-2017; Am. Ord. 180312-1, passed 3-12-2018; Am. Ord. 180625-1, passed 6-25-2018)