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HomeMy WebLinkAbout1101SUMMARY ORDINANCE NO. 1101 CITY OF LAKEVILLE COUNTY OF DAKOTA, MINNESOTA AN ORDINANCE AMENDING TITLE 8, CHAPTERS I AND 2 OF THE LAKEVILLE CITY CODE CONCERNING THE FIRE DEPARTMENT AND EXPLOSIVES NOTICE IS HEREBY GIVEN that on April 21, 2025, Ordinance No. 1101 was adopted by the City Council of the City of Lakeville. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. 1101, the following summary of the Ordinance has been prepared for publication: This Ordinance amends Title 8, Chapter 1 of the Lakeville City Code concerning the fire department by removing outdated provisions and adding provisions related to (i) the establishment of fire lanes, (ii) open burning and (iii) fires or barbecues on balconies or patios. This Ordinance amends Title 8 by deleting Chapter 2 relating to explosives. 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 21" day of April, 2025. CITY OF LAKEVILLE BY: �,x Luke M. Hellier, Mayor ATTEST: Ann rlofs y, City Clerk 235544v1 ORDINANCE NO. 1101 CITY OF LAKEVILLE COUNTY OF DAKOTA, MINNESOTA AN ORDINANCE AMENDING TITLE 8, CHAPTERS 1 AND 2 OF THE LAKEVILLE CITY CODE CONCERNING THE FIRE DEPARTMENT AND EXPLOSIVES THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Title 8, Chapter 1 of the Lakeville City Code is hereby amended in its entirety to read as follows: TITLE 8 FIRE PREVENTION AND PROTECTION CHAPTER 1 FIRE DEPARTMENT SECTION: 8-1-1: Purpose 8-1-2: Enforcing Officers; Interference with Fire Department 8-1-3: Fire Lanes Established 8-1-4: Minnesota State Fire Code Adopted 8-1-5: Definitions: 8-1-6: Open Burning 8-1-7: Fires Or Barbecues On Balconies Or Patios 8-1-1: PURPOSE: A. To provide for the reasonable protection of life and property from the hazards of fire and explosive materials. To reduce and manage amounts of flammable, combustible, and hazardous materials, reduce ignition hazards, ensure safe emergency evacuation of occupants, and allow for quick emergency response. B. The Fire Chief shall administer and enforce this chapter as the Fire Code of the city. 8-1-2: ENFORCING OFFICERS; INTERFERENCE WITH DEPARTMENT A. The Fire Chief and Fire Marshal shall have the authority to issue a citation in lieu of arrest or continued detention for any violation of this chapter, the state code or Minnesota Rules Chapter 7511. B. No person shall refuse or neglect to obey any reasonable order of the Chief or the Chief s designee at an emergency scene or interfere with the Fire Department in the discharge of its duties. 235543v1 8-1-3: FIRE LANES ESTABLISHED: The Fire Chief or Police Chief may order the establishment of fire lanes on public or private property as may be necessary in order that the travel of fire equipment may not be interfered with, and that access to fire hydrants or buildings may not be blocked. When a fire lane has been ordered to be established, it shall be marked by a sign bearing the words "No Parking -Fire Lane" or the international symbol for no parking "(P/)". When the fire lane is on public property or a public right of way, the signs shall be erected by the City, and when on private property, shall be erected by the owner at the owner's expense within thirty (30) days after such owner has been notified of the order. Thereafter no person shall park a vehicle or otherwise occupy or obstruct the fire lane. Violators will be tagged and/or towed at the owner's expense. 8-1-4: MINNESOTA STATE FIRE CODE ADOPTED. A. Incorporation By Reference: The City incorporates by reference the Minnesota State Fire Code as adopted pursuant to Minnesota Statutes, Section 299F.411, and as modified by Minnesota Rules, Chapter 7511, one (1) 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 chapter 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. Code: Whenever the term "this code" is used in the Minnesota State Fire Code or this Title, it shall mean the code adopted pursuant to this Title. D. Enforcement Official: The Fire Chief serving the City, or the Fire Chief s representative as authorized by the City Administrator, shall administer and enforce the provisions of this Title. E. 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. 8-1-5: DEFINITIONS: For the purposes of this chapter, except where the context otherwise requires, the terms defined herein shall have the meanings given them: 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 235543v1 smokers, manufactured hibachis, and propane or natural gas devices are not considered open burning devices. RECREATIONAL FIRE: A fire, no more than three feet (3') 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 twenty five feet (25') to any structure or combustible material. 8-1-6: OPEN BURNING: A. Adoption Of State Law By Reference: The provisions of Minnesota Statutes chapter 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 chapter as if set out in full. It is the intention of the City Council that all future amendments of Minnesota Statutes chapter 88, are hereby adopted by reference as if they had been in existence at the time this chapter was adopted. B. The City May Be More Restrictive Than State Law: The Council is authorized to impose, and has imposed in this chapter, additional restrictions on open burning within its limits beyond those contained in Minnesota Statutes chapter 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. 3. The recreational fire shall be attended to at all times by an adult. No fire may ever be allowed to smolder. 3 235543v1 4. The recreational fire must be a minimum often feet (10) from property lines. 5. A recreational fire is not allowed if winds exceed fifteen (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. 8-1-4: 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. SECTION 2. Title 8, Chapter 2 of the Lakeville City Code is hereby deleted in its entirety. SECTION 3. Effective Date. This ordinance shall be effective immediately upon its passage and publication. 4 235543v1 ADOPTED by the City Council of the City of Lakeville, Minnesota this 21 st day of April, 2025. ATTEST: Ann rlo ky, City Clerk 5 235543v1 CITY OF LAKEVILLE BY: � /P// uke M. Hellier, Mayor