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HomeMy WebLinkAboutItem 06.g Date: Item No. ORDINANCE AMENDING TITLE 8, CHAPTER 4 OF THE LAKEVILLE CITY CODE Proposed Action Staff recommends adoption of the following motion: Move to adopt Ordinance amending Title 8, Chapter 4, of the City Code concerning the fire prevention code and recreational fires, and summary ordinance for publication. Passage of this motion will adopt current Recreational Fire Rules into city ordinance. Overview The Fire Department is seeking to adopt our Recreational Fire Rules into city ordinance. The incorporation of the rules into city ordinance will be in accordance with Minnesota State Fire Code. This ordinance will allow a consistent approach for enforcement of recreational fires and defines the difference between open burning and a recreational fire. At City Council Work Session on June 26, 2017 council and staff reviewed draft recreational fire ordinance and discussed the adoption of this ordinance. One change was addressed and draft ordinance was updated to reflect that change regarding the size of the fire ring. Primary Issues to Consider • Supporting Information • • Financial Impact: $ Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Michael Meyer, Fire Chief July 5, 2017 City of Lakeville Fire Department Memorandum To: Mayor and City Council Members Justin Miller, City Administrator From: Mike Meyer, Fire Chief Copy: Brian Carstensen, Fire Marshal Date: June 23, 2017 Subject: Recreational Fire Ordinance – Title 8 Chapter 4 PURPOSE The Fire Department is seeking to adopt our Recreational Fire Rules into City Ordinance. The incorporation of the rules into City Ordinance will be in accordance with Minnesota State Fire Code. This ordinance will allow a consistent approach for enforcement of recreational fires and defines the difference between open burning and a recreational fire. OPENING BURNING • Any burning/fire that is not a recreational fire or a cooking fire that is not contained in a mobile cooking device. • Permit is required • Not permitted during burning bans • Inspection of site and material prior to permit being issued • Must be attended at all times • 600 feet from a structure RECREATIONAL FIRE ORDINANCE • There is no permit required • Not permitted during burning bans • Must be attended at all times • No more than a 3-foot diameter • 25 feet away from any structure or combustible material • 10 feet from a property line • Not allowed if wind speeds are over 15 mph • Smoke should not unreasonably impact neighboring property owners PROHIBITED MATERIALS • Both fires are subject to prohibited materials • No construction waste/materials • No waste/garbage burning • No leaves, brush or grass clippings 189151v1 ORDINANCE NO. ________ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 8 CHAPTER 4 OF THE LAKEVILLE CITY CODE REGARDING THE FIRE PREVENTION CODE AND RECREATIONAL FIRES THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA, ORDAINS: SECTION 1. Title 8, Chapter 4 of the Lakeville City Code is amended in its entirety to read as follows: Chapter 4 FIRE PREVENTION CODE 8-4-1: STATE FIRE CODE: 8-4-2: DEFINITIONS: 8-4-3: OPEN BURNING: 8-4-4: FIRES OR BARBECUES ON BALCONIES OR PATIOS. 8-4-1: STATE FIRE CODE: (A) Incorporation by Reference: The city incorporates by reference the Minnesota state fire code as established in chapter 7511 of the Minnesota rules, one copy of which is on file with the office of the Lakeville fire chief. 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 section as if fully set forth herein. (B) Jurisdiction: Wherever the word “jurisdiction” is used in the Minnesota State Fire Code, it shall be held to mean the City of Lakeville. (C) Enforcement Official: The fire chief serving the City, or the fire chief’s representative as authorized by the City Administrator, shall enforce the provisions of this section. (D) Permits: A permit required by the Minnesota fire code may be obtained by submission of an application to the Lakeville Fire Chief along with any fee established by the City Council from time to time. 8-4-2: DEFINITIONS: For the purposes of this Chapter, except where the context otherwise requires, the terms defined herein shall have the meanings given them: 189151v1 OPEN BURNING: The burning of any matter if the resulting combustion products are emitted directly into the atmosphere without passing through a stack, duct, or chimney, except a recreational or camp fire as defined herein. Mobile cooking devices such as charcoal grills, wood smokers, manufactured hibachis, and propane or natural gas devices are not considered open burning devices. RECREATIONAL FIRE: A fire, no more than 3 feet in diameter, completely surrounded by non-combustible and non-smoke or odor-producing material, either natural rock, cement, brick, tile, blocks, or ferrous metal. Burning barrels are not a recreational fire site. Recreational fire sites shall not be located closer than 25 feet to any structure or combustible material. 8-4-3: OPEN BURNING: (A) Adoption of State Law by Reference. The provisions of Minn. Stat. ch. 88, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, permits, and all other matters pertaining to open burning are hereby adopted by reference and are made a part of this ordinance as if set out in full. It is the intention of the City Council that all future amendments of Minn. Stat. ch. 88, are hereby adopted by reference as if they had been in existence at the time this ordinance was adopted. (B) The City May Be More Restrictive Than State Law. The Council is authorized to impose, and has imposed in this ordinance, additional restrictions on open burning within its limits beyond those contained in Minn. Stat. ch. 88, as it may be amended from time to time. (C) Prohibited, Except by Permit. No person shall start or allow any open burning on any property in the City without first having obtained an open burning permit. (D) Application and Fees. 1. Open burning permits shall be obtained by making application on a form prescribed by the DNR and adopted by the Lakeville Fire Department. 2. An open burning permit shall require the payment of a fee. Permit fees shall be in an amount established by the City Council. (E) Exceptions. A permit is not required for any fire which is a recreational fire that complies with the requirements of this Chapter. (F) Recreational Fire Requirements. A recreational fire is subject to the following requirements: 1. A recreational fire is not permitted when a burning ban or air quality alert is in effect. 2. The recreational fire site shall have appropriate communication and fire suppression equipment available. 189151v1 3. The recreational fire shall be attended to at all times by an adult. No fire may ever be allowed to smolder. 4. The recreational fire must be a minimum of ten (10) feet from property lines. 5. A recreational fire is not allowed if winds exceed 15 miles per hour. 6. Smoke from a recreational fire may not unreasonably impact neighboring property owners. (G) Prohibited Materials. 1. No person shall conduct, cause, or permit the open burning of oils, petroleum fuels, rubber, plastic, chemically treated materials, or other materials that produce excessive or noxious smoke such as, but not limited to: tires; railroad ties; treated, painted, or glued wood composite shingles; tar paper; insulation; composition board; sheet rock; wiring; or paint and paint filters. 2. No person shall conduct, cause, or permit the open burning of: hazardous waste or materials from salvage operations; solid waste generated from an industrial or manufactured process; materials from a service or commercial establishment; or building materials generated from demolition of commercial or institutional structures. 3. No person shall conduct, cause, or permit the open burning of discarded materials resulting from the handling, processing, storage, preparation, serving, or consumption of food. 4. No person shall conduct, cause, or permit the open burning of any leaves, brush, or grass clippings. 8-4-4: FIRES OR BARBECUES ON BALCONIES OR PATIOS. (A) Open Flame Prohibited: In any structure containing three (3) or more dwelling units that have a common hallway and/or a shared means of egress, no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio within fifteen feet (15') of a structure. (B) Fuel Storage Prohibited: No person shall store or use any fuel, barbecue, torch, or other similar heating or lighting chemical or device in the locations designated in subsection A of this section. (C) Exception: Listed electric or gas fired barbecue grills that are permanently mounted and wired or plumbed to the building's gas supply or electrical system and that maintain a minimum clearance of eighteen inches (18") on all sides, unless listed for lesser clearances, may be installed on balconies and patios when approved by the fire chief. 189151v1 SECTION 2. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this ______ day of ___________, 2017 by the City Council of the City of Lakeville, Minnesota CITY OF LAKEVILLE BY: _________________________________ Douglas P. Anderson, Mayor ATTEST: __________________________________ Charlene Friedges, City Clerk 193288v1 SUMMARY ORDINANCE NO. _____ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 8 OF THE LAKEVILLE CITY CODE REGARDING THE FIRE PREVENTION CODE AND RECREATIONAL FIRES This ordinance amends Title 8 of the City Code regarding the fire prevention code and recreational fires. The ordinance adopts Minnesota State Statute Chapter 88 regulations concerning open burning. The ordinance requires a permit for open burning within the City except for recreational fires, which are defined in the ordinance, provided the recreational fires are in compliance with the requirements set forth in the ordinance. The ordinance also prohibits open burning of specified materials. A printed copy of the entire ordinance is available for inspection by any person during the City Clerk’s regular office hours. Approved for publication by the City Council of the City of Lakeville, Minnesota, this 5th day of July, 2017 CITY OF LAKEVILLE BY: ________________________________ Douglas P. Anderson, Mayor ATTEST: ________________________________ Charlene Friedges, City Clerk