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Home My WebLink About24. 17-553 REVISED NOVEMBER 14, 2017 17-553 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: REPEAL & RECREATE PORTIONS OF CHAPTER 13 FIRE PREVENTION TO ADOPT UPDATED PROVISIONS OF THE INTERNATIONAL FIRE CODE (IFC) & PERTAINING TO THE FORFEITURE FOR SMOKE DETECTOR / CARBON MONOXIDE DETECTOR VIOLATIONS INITIATED BY: FIRE DEPARTMENT A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING PORTIONS OF CHAPTER 13 FIRE PREVENTION TO ADOPT UPDATED PROVISIONS OF THE INTERNATIONAL FIRE CODE(IFC)AND PERTAINING TO THE FORFEITURE FOR SMOKE DETECTOR / CARBON MONOXIDE DETECTOR VIOLATIONS The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 13-2 (A) of the Oshkosh Municipal Code pertaining to Adoption of Fire Prevention Codes be repealed and recreated to read as follows: (A) The following rules and regulations together with any future additions, deletions or supplements thereto, are herewith incorporated as part of this Chapter and shall be enforced with the same force and effect as though set forth in full herein. Providing, however, that where such rules and regulations are less stringent than other provisions found in this Code, the provisions of this Code shall apply. (1) (a) International Fire Code (IFC)2015 Chapter 1, Scope and Administration, Sections: Section 101: SCOPE AND GENERAL REQUIREMENTS Section 102: APPLICABILITY Section 104: GENERAL AUTHORITY AND RESPONSIBILITIES Section 106: INSPECTIONS NOVEMBER 14, 2017 17-553 ORDINANCE FIRST READING CONT'D Section 107: MAINTENANCE Section 110: UNSAFE BUILDINGS Section 111: STOP WORK ORDER Section 112: SERVICE UTILITIES (b) International Fire Code (IFC) 2015 Chapters 2-45 (c) International Fire Code (IFC) 2015 —Appendix B, C, & D (d) The Geographic limits referred to in certain sections of the 2015 International Fire Code are hereby established as follows: Section 5501.0 The storage of flammable cryogenic fluids in stationary containers is prohibited on properties zoned residential or within one thousand (1,000) feet of a property line of property zoned residential area unless allowed by the Fire Chief or his/her designee. Section 5704.2.9.6.1 The storage of Class I and Class II liquids in above- ground tanks outside of buildings is prohibited on properties zoned residential or within one thousand (1,000) feet of a property line of property zoned residential area unless allowed by the Fire Chief or his/her designee. Section 5706.2.4.4 The storage of Class I and Class II liquids in above- ground tanks is prohibited on properties zoned residential or within one thousand (1,000) feet of a property line of property zoned residential area unless allowed by the Fire Chief or his/her designee. (2) Wisconsin Administrative Codes Flammable and Combustible Liquids Code, SPS 310, Wis. Admin. Code Fire Prevention Code, SPS 314, Wis. Admin. Code Smoke Detectors and Carbon Monoxide Detectors, SPS 328 NOVEMBER 14, 2017 17-553 ORDINANCE FIRST READING CONT'D SECTION 2. That Section 13-2 (C) of the Oshkosh Municipal Code pertaining to Adoption of Fire Prevention Codes be repealed and recreated to read as follows: (C) Pursuant to International Fire Code (IFC) 2015 Chapter 3, Section 307 Open Burning, Recreational Fires and Portable Outdoor Fireplaces which is hereby adopted, there is hereby established a Natural Prairie Prescribed Burning Permit to be issued by the Chief of the Oshkosh Fire Department or his/her designee. The Oshkosh Fire Department shall adopt an official policy defining those areas where prescribed burning will be allowed in the City of Oshkosh and establishing the procedures to be followed to ensure the health and safety of the citizens and protection of property within the City of Oshkosh. Natural Prairie Prescribed Burning shall only be conducted in accordance with a permit issued by the Oshkosh Fire Department. Any burning without a permit or any burning not in accordance with the terms of a permit issued by the Oshkosh Fire Department shall be a violation of this ordinance. The Fee for a Natural Prairie Prescribed Burning Permit and any services provided by the City of Oshkosh related thereto shall be established by Resolution of the Common Council. SECTION 3. That Section 13-11 (A) of the Oshkosh Municipal Code pertaining to Penalties be repealed and recreated to read as follows: (A)Notwithstanding the foregoing, any person convicted of violating Section 13-3 shall forfeit not less than One Hundred Fifty dollars ($150.00) for the first offense and not less than Three Hundred Dollars ($300.00) for the second or subsequent offense within 12 months of conviction, and not more than Five Hundred Dollars ($500.00), together with the costs of prosecution, and in default of payment thereof, by imprisonment in the County Jail for a period not to exceed sixty (60) days. Each day of violation shall constitute a separate and distinct offense. SECTION 4. This ordinance shall be in full force and effect from and after its passage and publication. NOVEMBER 14, 2017 17-553 ORDINANCE FIRST READING CONT'D SECTION 5. Publication Notice Please take notice that the City of Oshkosh enacted ordinance #17-XXX (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING PORTIONS OF CHAPTER 13 FIRE PREVENTION TO ADOPT UPDATED PROVISIONS OF THE INTERNATIONAL FIRE CODE(IFC)AND PERTAINING TO THE FORFEITURE FOR SMOKE DETECTOR VIOLATIONS) on November 28, 2017. The ordinance repeals and recreates Chapter 13-2 (A) and (C) updating references to portions of the International Fire Code (IFC) which are adopted by the City by reference and amends section 13-11 (A) which will amend the forfeiture for smoke detector and carbon monoxide detector violations. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh.wi.us. Clerk's phone: 920/236-5011. r,A City Owl- Oshkosh fOshkosh TO: Mayor and Members of the Common Council FROM: Timothy Franz, Fire Chief DATE: November 8, 2017 RE: Request to Amend City Ordinance Related to Fire Prevention BACKGROUND The City of Oshkosh Fire Prevention Ordinance (Section 13) adopts by reference the International Fire Code (IFC) and applicable Codes from the State of Wisconsin. The Intentional Fire Code has been updated along with the State of Wisconsin Codes which requires that we update our local ordinance to reflect these changes. In addition to these changes, the penalties for smoke detector violations are not consistent with the other penalties in this Chapter and other city ordinance violations. ANALYSIS The State Department of Safety and Professional Services (SPS) has updated Administrative Rule SBS 14 that includes the adoption of the 2015 International Fire Code. Section 13 currently references the 2009 IFC so to remain consistent with this rule and the companion building codes, this section needs to be updated. On reviewing this Chapter, we also determined that the penalties for violating smoke and carbon monoxide detector placement and maintenance ordinances started at $175.00 for the first offense. All other penalties in this section as well as other City ordinance violations start at $75.00 for the first violation. To be consistent with other codes, staff is proposing reducing the forfeiture for this offense to match other codes. FISCAL IMPACT There is minimal fiscal impact based on the low volume of ordinance violations cited under this Section. There is no fiscal impact by updating Fire Prevention Ordinance (Section 13) code reference to IFC 2015. RECCOMENDATION I recommend that the City amend the Fire Prevention Ordinance Section 13 as presented to reflect the updates in State of Wisconsin and IFC along with the changes in penalties for smoke and carbon monoxide detector violations. This will ensure our ability to enforce the Fire Prevention Codes for the continued safety of our residents and property owners. Please direct any question regarding this matter to the Fire Chief. Respectfully Subrq7tted, Approved: -7,-�/ 62-' Timothy Franz City Manager Fire Chief City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us