Incorporation by reference. The city incorporates by reference the Minnesota State Fire Code as established in Minnesota Rules Ch. 7511, as amended from time to time, 1 copy of which is on file with the Fire Inspector. Every provision contained in the Minnesota State Fire Code, except as modified or amended by this chapter, is hereby adopted and made a part of this chapter as if fully set forth herein.
(Ord. 2014-4-2, passed 4-8-2014; Am. Ord. 2018-4-1, passed 4-10-2018)
(A) General. The Department of Fire Prevention is established within the jurisdiction under the direction of the Fire Inspector. The function of the department shall be the implementation, administration and enforcement of the provisions of this code.
(B) Appointment. The Fire Inspector shall be appointed by the City Council.
(C) Deputies. The Stacy City Council shall have the authority to appoint a Deputy Fire Inspector, other related technical officers, inspectors and other employees.
(D) (1) Liability. The Fire Inspector, officer or employee charged with the enforcement of this code, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties.
(2) Legal defense. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The Fire Inspector or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the Department of Fire Prevention, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.
(Ord. 2014-4-2, passed 4-8-2014)
(A) General. The Fire Inspector is hereby authorized to enforce the provisions of this code and shall have the authority to render interpretations of this code, and to adopt policies, procedures, rules and regulations in order to clarify the application of its provisions. Such interpretations, policies, procedures, rules and regulations shall be in compliance with the intent and purpose of this code and shall not have the effect of waiving requirements specifically provided for in this code.
(B) Applications and permits. The Fire Inspector is authorized to receive applications, review construction documents and issue permits for construction regulated by this code, issue permits for operations regulated by this code, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.
(C) (1) Right of entry. Whenever it is necessary to make an inspection to enforce the provisions of this code, or whenever the Fire Inspector has reasonable cause to believe that there exists in a building or upon any premises any conditions or violations of this code which make the building or premises unsafe, dangerous or hazardous, the Fire Inspector shall have the authority to enter the building or premises at all reasonable times to inspect or to perform the duties imposed upon the Fire Inspector by this code. If such building or premises is occupied, the Fire Inspector shall present credentials to the occupant an request entry. If such building or premises is unoccupied, the Fire Inspector shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the Fire Inspector has recourse to every remedy provided by law to secure entry. The Fire Inspector may be accompanied by a representative of the Stacy/Lent Fire and Rescue during inspections.
(2) Warrant. When the Fire Inspector has first obtained a proper inspection warrant or other remedy provided by law to secure entry, an owner or occupant or person having charge, care or control of the building or premises shall not fail or neglect, after proper request is made as herein provided, to permit entry therein by the Fire Inspector for the purpose of inspection and examination pursuant to this code.
(D) Identification. The Fire Inspector shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
(E) Notices and orders. The Fire Inspector is authorized to issue such notices or orders as are required to affect compliance with this code in accordance with §§ 109.1 and 109.2 of the International Fire Code.
(F) Official records. The Fire Inspector shall keep official records as required by the City Code and relevant state law. All city inspector's records shall be provided to the Fire Chief. Such official records shall be retained by the city permanently.
(1) Inspections. The Fire Inspector shall keep a record of each inspection made, including notices and orders issued, showing the findings and dispositions of each.
(2) Fire records. The fire department shall keep a record of fires occurring within its jurisdiction and of facts concerning the same, including statistics as to the extent of such fires and the damage caused thereby, together with other information as required by the Fire Inspector.
(3) Administrative. Application for modification, alternative methods or materials and the final decision of the Fire Inspector shall be in writing and shall be officially recorded in the permanent records of the Fire Inspector.
(G) Approved materials and equipment. All materials, equipment and devices approved by the Fire Inspector shall be constructed and installed in accordance with such proposal.
(Ord. 2014-4-2, passed 4-8-2014)
(A) Inspection authority. The Fire Inspector is authorized to enter and examine any building, structure, marine vessel, vehicle, or premises in accordance with § 155.03(C) for the purpose of enforcing this code in the Commercial districts, multi-family residential property and single family residential property with licensed child care.
(B) Inspections. The Fire Inspector is authorized to conduct such inspections as are deemed necessary to determine the extent of compliance with the provisions of this code and to approve reports of inspection by approved agencies or individuals. All reports of such inspections shall be prepared and submitted in writing for review and approval. Inspection reports shall be certified by a responsible officer of such approved agency or by the responsible individual. The Fire Inspector is authorized to engage such expert opinion as deemed necessary to report upon unusual, detailed or complex technical issues subject to the approval of the governing body.
(C) Concealed work. Whenever any installation subject to inspection prior to use is covered or concealed without having first been inspected, the Fire Inspector shall have the authority to require that such work be exposed for inspection.
(Ord. 2014-4-2, passed 4-8-2014)
(A) Application. All multiple-family dwellings (apartments) and all non-residential buildings are subject to inspection.
(B) Inspection. The Fire Inspector shall inspect each building once every year, if the city has obtained consent of the building owner or an administrative search warrant. Inspections shall consist of a compliance check with the applicable Minnesota State Fire Code provisions as incorporated herein.
(C) Fee. The property owner must pay the annual inspection fee in the amount set by ordinance by the City Council.
(D) Continuing violations. Violations of the Minnesota State Fire Code may be forwarded to the county for prosecution. The city may pursue any other legal remedy available to it, including civil injunction, in addition to or instead of prosecution.
(Ord. 2018-4-1, passed 4-10-2018)