Chapter 34
‑‑‑‑‑‑‑‑‑‑
*Cross reference(s)‑‑Buildings and building
regulations, ch. 10; offenses, ch. 54; planning, ch. 62; solid waste, ch. 70.
State law reference(s)‑‑Fires and fire departments, MCL
70.1 et seq., MSA 5.1397 et seq.; state fire prevention act, MCL 29.1 et seq.,
MSA 4.559(1) et seq.; crimes related to explosives and bombs, MCL 750.200 et
seq., MSA 28.397 et seq.; crimes related to fires, MCL 750.240 et seq., MSA
28.437 et seq.
‑‑‑‑‑‑‑‑‑‑
Secs. 34-1‑‑34-25. Reserved.
Sec. 34-26.--34.28. Reserved.
Sec. 34-29. Reports by fire
chief.
Sec. 34-30. Reserved.
Sec. 34-31. Duties of
department.
Sec. 34-32. Ordering of
destruction of buildings at fire.
Sec. 34-33. Duties of police
at fire.
Secs. 34-34‑‑34-55. Reserved.
Sec. 34-56. Adoption by
reference.
Sec. 34-57. Enforcement.
Sec. 34-58. Available for
public inspection.
Sec. 34-59. Definitions.
Sec. 34-60. Amendment to fire
prevention code.
Secs. 34-61‑‑34-63. Reserved.
Sec. 34-64. Reserved.
This page intentionally left blank.
ARTICLE I. IN GENERAL
Secs. 34-1‑‑34-25.
Reserved.
‑‑‑‑‑‑‑‑‑‑
*Cross reference(s)‑‑Administration, ch. 2.
‑‑‑‑‑‑‑‑‑‑
Sec. 34-26.--34-28. Reserved.
Sec. 34-29. Reports by South
Haven Area Emergency Services Authority (SHAESA).
The Authority shall
from time to time but not less frequently than each quarter year report to the
city manager all matters pertaining to the department with recommendations. The
director shall make an annual report summarizing the department’s activities
for the previous year with recommendations. Report information shall include
but not be limited to the number of calls broken down to types, where occurred,
i.e., city, townships or mutual aid, property loss/saved, progress report on
department, i.e., training, events, public relations, etc. For every structure
involved in a fire in the city a report shall be made by the fire chief to the
city assessor for property value adjustments.
(Code 1965, Sec. 3.09; Ord. No. 774, Sec. 1(3.08), 12-21-92; Ord. No.
895, 4-1-02)
Sec. 34-30. Reserved.
Sec. 34-31. Duties of department.
The duties of the fire
department shall include but not be limited to the following:
(1) Alarm of fire. Upon
any alarm of fire the members of the fire department shall repair immediately
to the place of the fire. The Director or officer in charge shall station all
apparatus and men for the extinguishment of fires and see to it that all
persons do the duty prescribed by law and ordinances and shall direct such
measures as he may deem advisable for the effectual extinguishment of the fire.
The incident command system shall be used for all emergency responses.
(2) Authority and control
over persons at fire. The officer in command shall have full authority and
control over all persons present at any fire. The officer in command may detail
one or more police officers or other persons as guards over any property, and
such person shall be vested with full police powers during such service and he
may exclude any and all persons from the premises during the continuance of any
fire.
(3) Authority to command assistance.
The officer in command may command the assistance of any person either to aid
in the extinguishment of the fire or in the removal of property beyond its
reach; and all persons thus assisting, and all members of the department may
enter upon any ground or building to lay hose or to make any use thereof deemed
necessary in the extinguishment of fire or in the removal of property beyond
its reach. Any person who refuses to obey any reasonable order of the Director
or officer in command of the fire department made under the authority granted
in this subsection shall be in violation of this article.
(4) Emergency medical
service. All fire department members certified as basic emergency medical
technicians or as emergency medical technician specialists or higher upon being
dispatched to respond to any alarm of a medical emergency shall repair
immediately to the place of the medical emergency and render emergency
treatment as prescribed by law and ordinances. The member with the highest
level of training shall have command of that medical emergency and/or in the
case of equal training the senior medical person shall have command of that
medical emergency. Fire department rank shall carry no authority over level of
emergency medical service training.
(Code 1965, Sec. 3.04; Ord. No. 774, Sec. 1(3.04), 12-21-92; Ord. No.
895, 4-1-02)
Sec. 34-32. Ordering of
destruction of buildings at fire.
The officer in charge
of the fire department at any fire, with the concurrence of the city manager or
mayor, may cause any building to be destroyed when deemed necessary to arrest
the progress of the fire, or for public health and safety from an unsafe
structure, and any claims for damages therefore shall be adjusted as provided
by law.
(Code 1965, Sec. 3.05; Ord. No. 774, Sec. 1(3.05), 12-21-92; Ord. No.
895, 4-1-02)
Sec. 34-33. Duties of police at
fire.
The chief of police
and/or one of the officers on duty shall repair immediately on alarm of fire to
the place where fire may be and report to the officer in charge of the fire
department for the preservation of public peace and the enforcement of laws,
ordinances, rules and regulations and the orders of the officer in charge.
(Code 1965, Sec. 3.07; Ord. No. 774, Sec. 1(3.07), 12-21-92; Ord. No.
895, 4-1-02)
Secs. 34-34‑‑34-55.
Reserved.
‑‑‑‑‑‑‑‑‑‑
*Editor’s note‑‑Ord. No. 817, Sec. 1, adopted Feb. 6,
1995, revised Art. III in its entirety to read as herein set out. The former
Art. III pertained to similar subject matter and derived from Code 1965,
Sec.Sec. 29.01, 29.04, 29.06, Ord. No. 775, Sec. 1, adopted Dec. 21, 1992, Ord.
No. 764, Sec.Sec. 2, 3, adopted May 1, 1992, and Ord. No. 803, Sec.Sec. 1‑‑4,
adopted Dec. 20, 1993.
‑‑‑‑‑‑‑‑‑‑
Sec. 34-56. Adoption by
reference.
Pursuant to the
provisions of Michigan Act 230 of 1972, as amended, the BOCA National Fire
Prevention Code, 1993 edition, as published by the 2000 International Fire
Code, is hereby adopted by reference and made a part of this chapter as if
fully set forth in this article, subject to the modifications contained in this
article and subject to such further modifications as the city shall adopt from
time to time.
(Ord. No. 817, Sec. 1, 2-6-95; Ord. No. 895, 4-1-02)
State law reference(s)‑‑Authority to adopt technical
codes by reference, MCL 117.3(k), MSA 5.2073(k).
Sec. 34-57. Enforcement.
The International Fire
Prevention Code, 2000 Edition, shall be enforced by the Director of the fire
department or his designated representative.
(Ord. No. 817, Sec. 1, 2-6-95; Ord. No. 895, 4-1-02)
Sec. 34-58. Available for
public inspection.
A complete copy of the
International Fire Prevention Code, 2000 Edition, is available for public use
and inspection at the offices of the city clerk.
(Ord. No. 817, Sec. 1, 2-6-95; Ord. No. 895, 4-1-02)
Sec. 34-59. Definitions.
Whenever the words
"city," "jurisdiction," or "governmental unit"
are used in the IFC, 2000, they shall mean the City of South Haven. Whenever
the word "state" is used in the IFC, 2000, it shall mean the State of
Michigan.
(Ord. No. 817, Sec. 1, 2-6-95; Ord. No. 895, 4-1-02)
Sec. 34-60. Amendment to fire
prevention code.
The following sections
of the IFC, 2000, are amended as follows:
(1) Section F-101.1.
Section F-101.1 of the IFC, 2000, shall be amended to state in its entirety as
follows:
TITLE: These regulations shall be known as the Fire Prevention Code
of the City of South Haven hereinafter referred to as "this code."
(2) Section 109.
Section 109.3 of the IFC, 2000 is hereby amended to state in its entirety as
follows:
F-109.3 PENALTY FOR VIOLATIONS: Any person who shall violate a
provision of this code, shall fail to comply with any of the requirements of
this code or shall fail to comply with any permit, order or certificate issued
pursuant to the provisions of this code, shall be responsible for a municipal
civil infraction, subject to enforcement procedures and penalties for municipal
civil infractions as set forth in Chapter I, section 1-16 of the Code of the
City of South Haven Code of Ordinances.
(3) Section 506.
Chapter 5 of the IFC, 2000, is hereby amended to section 506.1, entitled
Keyboxes and Fire Access Gates, which will state in its entirety as follows:
506. Key Boxes
a. 506.1. Keyboxes
required. When a property within the city is protected by an automatic
alarm system, and access to or within a structure or an area on that property
is unduly difficult because of secured openings, and where immediate access is
necessary for lifesaving or firefighting purposes, the fire official may
require that a keybox of a type approved by the fire chief of the city fire
department be located and installed as approved by the chief. Such keybox shall
contain the following:
1. Keys to locked points of egress whether on the interior or
exterior of such buildings.
2. Keys to locked mechanical equipment rooms.
3. Keys to locked electrical rooms.
4. Keys to elevator controls.
5.
Keys to
other areas as directed by the fire chief.
b. 506.3
Keyboxes recommended for all
commercial and manufacturing buildings. All new commercial and/or
manufacturing buildings constructed after the effective date of this section,
and all existing commercial and/or manufacturing buildings shall be recommended
to obtain a master keybox at a location approved by the city fire department.
Such box shall be provided with master keys necessary for access to all
portions of the premises. Such box and keys shall be provided prior to
occupancy and/or final inspection. The city will not be held responsible for
damages incurred to properties that do not provide the keybox devices.
e. 506.4. Buildings and
elevators. All buildings equipped with elevators shall be provided with a
master keybox, as well as:
1. Two sets of keys for entry to the building and all portions
of the premises.
2. Two sets of elevator keys if elevators are equipped with
fire department bypass switches.
(3) Section 3304. The
limits referred to in Section 3304.1 of the IFC, 2000, in which the storage of
explosive materials is prohibited, are hereby established as the corporate
limits of the City of South Haven.
(Ord. No. 817, Sec. 1, 2-6-95; Ord. No. 832, Sec. 3, 4, 11-20-95; Ord.
No. 895, 4-1-02)
Sec. 34-61. Explosive substances.
No person shall keep or cause to be kept in or upon or under the public spaces and places within the city any tank or other article or device for the vending or sale of gasoline, naphtha, or other explosive substance, or oils, without a license therefore. No such tank or device for the sale of gasoline, naphtha, or other explosive substance, or oils, shall be maintained in or upon or under sidewalks, streets, alleys or public places in the city without first obtaining permission from the council so to do. All permits to maintain such tanks and devices shall be subject to revocation by the council at any time.
(Code 1965; 31.20. ; Ord. No. 895, 4-1-02)
Secs. 34-62 thru 34-63. Reserved.