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HomeMy WebLinkAboutA001 - proof of publication dated September 30, 1992 LEGAL NOTICE capabilities. EXCEPTIONS: i) When there are not more than two Group R Division 3 or Group M occupancies or a single commercial building ORDINANCE NO. 3196 under construction in an area of new develop- AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE ment, the surface requirements may be temporar- CITY OF AMES, IOWA, BY REPEALING CHAPTER 8 AND ily modified during the period prior to occu-. ENACTING A NEW CHAPTER 8 ADOPTING THE 1988 panty, as approved by the Chief, when, in the EDITION OF THE UNIFORM FIRE CODE; ESTABLISHING opinion of the chief, fire fighting or rescue A CIVIL PENALTY; REPEALING ALL ORDINANCES OR operations would not be impaired. A well PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND maintained 8" gravel surface with adequate ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED drainage shall be the minimum allowed. ii) When by the City Council for the City of Ames, Iowa: there are not more than two Group R, Division 3 Section One. The Municipal Code of the City of or Group M occupancies completed at a site, and Ames, Iowa, shall be and is hereby amended by no further development occurs, the surface repealing Chapter 8 and enacting a new Chapter requirements may be modified as approved by the 8 as follows: "DIVISION I. Sec. 8.101. chief, when, in the opinion of the chief, fire UNIFORM FIRE CODE ADOPTED. The 1988 Edition of fighting or rescue operations would not be the Uniform Fire Code as published by the impaired. A well maintained 8" gravel surface International Conference of Building Officials, with adequate drainage shall be the minimum Whittier, CAL. is hereby adopted by the City of allowed. (f) Turn Arounds. All dead end fire Ames, Iowa, for the purpose of prescribing apparatus access roads in excess of 150' shall regulations pertaining to conditions hazardous I be provided with adequate turn around, as to life from fire and explosives, together with approved by the fire chief. EXCEPTIONS: i) in the deletion, additions and modifications areas of new residential development, a fire - hereinafter stated. Sec. 8.102. PERMITS. apparatus turn around shall not be required at Delete Article 4 of the Uniform Fire Code the,dead end of a street until the street has relating to permits. Sec. 8.103. INCINERATORS AND OPEN BURNING. Delete Division 1 of Article -- - 11 of the Uniform Fire Code relating to incin- been built and has remained without further erators and open burning. The use of incinera- extension for a period of twelve (12) months. tors and open burning is hereby prohibited (g) Tur_ningRRadii. The inside turning radius except as specifically provided elsewhere in of a 20-r f �ire apparatus access road shall be a the Municipal Code. Sec. 8.104. DEFINITIONS. I minimum 20', and the outside turning radius of Adding to Sec. 9.103 Definitions as follows: such road or lane shall be fifty (50) feet. (a) Fire Apparatus Access Road. Roads whose (h) Bridges. Bridges on all fire apparatus purpose is to provide a continuous, unobstruct- access roads shall be designed to carry the ed route up to a building or site so that fire maximum weight of the heaviest piece of avail- department and rescue medical vehicles may able fire apparatus. (i) Grade. Grade on all render services. Fully improved public streets fire apparatus access roads shall not exceed may fulfill this purpose when they meet the 10%. (j) Signs. Approved signs, red painted surface, width and other requirements of Sec. curbs, red striped surfaces, or other notices 8.105 of this chapter. For parking signage shall be provided and maintained as required by purposes, fire apparatus access roads may be the fire chief for fire apparatus access roads referred to as fire lanes. (b) Open Burning. to identify such roads and prohibit the ob- Open burning means any burning of materials struction thereof or both. (k) Obstructions. where the products of combustion are emitted Where fire apparatus access roads are esta6- into the open air without passing through an lished and are signed or marked as required by approved chimney or stack. Sec. 8.105. FIRE the fire chief, parking or obstructing in any APPARATUS ACCESS ROADS. Deleting Sec. 10.207, manner of those roads shall be prohibited. The UFC, and igsert in lieu thereof the following: fire chief and police chief or their represen- (a) General. Fire apparatusaccess roads shall tatives are authorized to enforce this subsec- be provi ed and maintained in accordance with tion by the issuance of citations, or removal the provisions of this section for all build- and impoundment of the obstructions, or both. ings and structures. Such roads may be re- -]EXCEPTION: Attended vehicles may be stopped in quired by the fire chief for existing buildings a fire apparatus access road for loading and when emergency access to a structure is not unloading. Sec. 8.106. WATER SUPPLY. Delete re apparatus access road sections 10.301(c) and (d) and replace with the adequate. All fire designations made the fire chief which are following: (c) Water Supply. An approved water signed or marked for enforcement under chapter supply capable of supplying required fire flow 18 of the Municipal Code shall be in writing shall be provided to all premises upon which buildings portions of buildings are con- and that list shall be maintained at one loco- strutted. Fire Fire hydrants shall be spaced on the tion available to the public. EXCEPTION: i) street such that no point along the street is When access roadways cannot be installed due to in excess of 150' from a public hydrant. topography, waterways, non-negotiable grades or Increased spacing may be approved by the fire other similar conditions, the chief may require chief. Additional public fire hydrants shall additional fire protection as specified in Sec, be placed on the private property as designated 10.301(b). (b) Where Re wired. Fire apparatus by the Chief. (d) Installation. All required access roads shalla require for every build- fire hydrants shall beinstaTled and operation- ing when any Portion of an exterior wall is al prior to construction above the foundation. located more than 150 feet from fire department Sec. 8.107. OIL BURNERS. Delete Section 61.106 vehicle access. EXCEPTIONS: i) When buildings (a) - (d) of the Uniform Fire Code, as amended, are completely protected with a approved relating to portable unvented oil burning automatic fire sprinkler system, the When there heating appliances and replace with the follow- of this section may be modified; ii) When there ing: Portable Unvented Heaters. Use of port- are not more than two buildings p Group R, able unvente fuel burning heating appliances Division 3 or Group M occupancy completed at a is prohibited within the city, except fuel site and no further development occurs, the requirements of this section may be modified, burning portable heating equipment (including provided, in the opinion of the chief, fire but not limited to salamander heaters) is fighting or rescue operations would not be permitted as temporary heating equipment on impaired. iii) When there are not more than two construction sites if safety precautions are Group R, Division 3 or Group M occupancies or a observed. Sec. 8.108. UNIFORM FIRE CODE APPEN- single commercial building under construction DICES ADOPTED AND NFPA ADOPTED AS A GUIDE. in an area of new development, the location Appendix Divisions III A, IV, V and VI A!b D to requirements of this subsection may be modified the aforesaid Uniform Fire Code, 1988 Edition, temporarily to require fire apparatus access and its supplement, are hereby expressly adopt- roads when any portion of an exterior wall is ed. Whenever this code is inapplicable for any located more than 300' from fire department reason to any situation involving the protec- vehicle access. This modification shall be tion of persons and property from the hazards permitted only during the period prior to of fire and explosion, the materials, methods occupancy. (c) Width. Fire apparatus access of construction, installation, practices or roads shall have unobstructed width of 20 feet. operations necessary to provide such protection EXCEPTIONS: i) When there are not more than shall, to a reasonable degree, be in accordance two Group R Division 3 or Group M occupancies with nationally recognized accepted standards. or a single commercial building under construc- The NFPA National Fire Codes and Standards, tion in an area of new development, the width most current edition, Volumes I through XI are requirements may be temporarily modified during intended for use as a guide in the design, the period prior to occupancy, as approved by fabrication, testing, and use of properties and the Chief, when, in the opinion of the.chief, equipment. Requirements may be modified if fire fighting or rescue operations would not be their application clearly would be impractical impaired. The minimum width of such road shall in the judgement of the authority having juris- be 12'. ii) When there are not more than two diction. In no-case shall life safety require- Group R, Division 3 or Group M occupancies ments be less protective than required by the code in effect at the time the building was completed at a site, and no further development constructed. Sec. 8.109. BUILDING CODE BOARD occurs, the width requirements may be modified as approved by the chief, when, in the opinion OF APPEALS HAS JURISDICTION. The provisions of of the chief, fire fighting or rescue opera- Section 2.3h of the Uniform Fire Code notwith- t tions would not be impaired. The minimum width standing, the Ames Building Code Board of Appeals asa established and constituted under of such road shall be 12'. (d) Vertical Clear-roads shy the ordinances of the City h Ames shall have ante. Fire apparatus access r an unobstructed vertical clearance of 13'6", jurisdiction determine the suitability of alternative materials and types of construction except the fire chief may allow less clearance and to provide for reasonable interpretations provided the reduction does not impair,access of the provisions of this Fire Code, except by fire apparatus and it is clearly signed those relating to open burning, Sec. indicating the actual clearance. (e) Surface. Fire apparatus access roads shall be ea sinned When so acting, the fire chief may designaatete a an and maintained to support the imposed loads of individual knowledgeable in fire safety to render professional advice to fire apparatus and shall be provided with a concrete or asphalt surface not less than 5". matters related to the Fire Code. The Building the Board on depth so as to provide all- P her driving Code Board of Appeals, when acting pursuant to this subsection, shall have authority to review and make recommendations on any and all pro- posed changes to this chapter of the code. I Recommendations shall be forwarded to the City Council for final action. Sec. 8.110. ESTAB- LISHMENT OF LIMITS OF DISTRICTS IN WHICH STOR- AGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN P-roof of Publication In The OUTSIDE ABOVE GROUND TANKS IS PROHIBITED. Section 79.501, UFC is amended by adding the DAILY TRIBUNE following: The limits in which the storage of flammable or combustible liquids is restricted are hereby established as follows: R1-10, R1-6, R-2, R2-7, R-3, R-4, R-5, H-M, S-R, Zoning Districts. The fire chief, or designees, will have the authority to alter or allow installations in prohibited zones after the STALE OF iIlWA STORY CUIiSIT) � consideration of special features stated in UFC , s�. Sec. 79.101(c), including but not limited to topographical conditions, nature of occupancy, proximity to buildings, capacity of proposed I C'ralCLillin /� J'LriT1"�{ost Ufl oath depose and tanks and degree of fire protection to be i p provided and available. Any installation shall say that I am president 1 aCG9ttTl'b'rmr-h"eY' of be in compliance with state and local codes. This section shall not apply to heating oil THE DAILY TRIBUNE, a doll d er 2nted LIMinstallations. Sec. 8.111. ESTABLISHMENT OF a y news ' p p f p~ IN BLEIOR COMB STIB EF DISTRICTS LIQU DSHINTORAGE BURIEDOORFUNDER- at Ames, Story County, Iowa} that the annexed GROUND TANKS IS PROHIBITED. Section 79.601, UFC printed is amended by adding the following subsection (b): (b) Notwithstanding the provisions of subsection (a), above, the installation of underground flammable or combustible liquid CITY OF AMES1 storage tanks is prohibited in the following zoning districts: A-1, R1-10, R1-6, R-2, 112-7, Ordinance h di its R-3, R-4, R-5, H-M and S-R. The fire chief, or designees, will have the authority to alter or allow installations in prohibited zones after the consideration of special features including but not limited to topographical conditions, nature of occupancy and proximity to buildings, was published in said newspaper fop I capacity of proposed tanks, and degree of fire protection to be provided and available. consecutive weeks, the first Any installation shall This in compliance with and the last of said publication was on the state and local codes. This section shall not p apply to underground heating oil installations. .jOt a Y of Se tembeT', ii Sec. 8.112. ESTABLISHMENTS OF LIMITS IN WHICH p STORAGE OF LIQUIFIED PETROLEUM GASES IS TO BE RESTRICTED. Section 82.104, UFC is amended by adding the following: The limits in which storage of liquified petroleum gas is restrict- ed, are hereby established as follows: R1-10, R1-6, R-2, R2-7, R-3, R-4, R-5, H-M and S-R ---.---.-- -.-_-. Zoning Districts. The fire chief, or designees, will have the authority to alter or allow _ installations in prohibited zones after the Sworn to befoT'e me Tfld SL1�isC'flbed 2n SNv consideration of special features including but not limited to topographical conditions, nature presence by CT'al] McMullin J am$ of occupancy and proximity to buildings, capac- ity of proposed tanks, and degree of fire protection to be provided and available. Any installation shall be in compliance with this d0th day of September, 1992. state and local codes. Sec. 8.113. ESTAB- LISHMENTS OF LIMITS TO OPEN BURNING. (1) Prohi- bition. No person shall allow, cause, or permit open burning of combustible materials, ,a`P except as provided in the following subsec- tions. The burning of garbage and refuse is J A N E A LAS prohibited within the city. (2) Types of Open # Burning on Private or Public Property (a) Yard pow ,Notary Public Waste. Yard Waste may be burned on private property on which there is located a dwelling of two family units or less, provided that the yard waste originated on the premises by grow- In and for the State of Iowa ing or falling on the property. Trees or branches which are to be burned must be cut into pieces not larger than 4" diameter and 30" in length. (b) Landscape Waste. Landscape waste is yard waste and tree stumps produced in clearing, grubbing and construction.operations. Landscape waste which originated on the premis- Fees, $140.54. es may be burned on site. No building materi- als, trade wastes, rubber tires, material left from demolition of any structure, landscape waste originating from a different location nor any other material may be mixed with the land- scape waste when burned. Gasoline shall not be used to ignite landscape waste. Authorization from the Fire Chief or the Chief's designee is required prior to burning. (c) Open Fires for cooking, heating, recreation and ceremonies are permitted. (d) Burning on Public Property. No person shall conduct or permit open burning on public property without prior authorization from the Fire Chief or the Chief's designee. (e) Prairies, Pastures, Fields, Yards and Road Ditches. Open burning of these areas is prohibited except at such locations and under such conditions as are approved in advance by the Fire Chief. (f) Training Fires. Fires set for the purpose of bona fide training of public or industrial employees in fire fighting methods are permitted; provided, that when structures are to be utilized, that the Department of Natural Resources for the State of Iowa has been notified in writing before such action commences. (3) General Conditions for Open Burning. (a) Fire Chief may prohibit. The Fire Chief may prohibit any or all open burning when atmospheric conditions or local circumstances make such fires hazardous or a nuisance. (b) Attendance of Open Fires. Open fires shall be constantly attended by an adult person until such fire is extinguished. This person shall have a hose connected to the water supply, or other fire-extinguishing equipment readily available for use. (c) Offensive Smoke and Odors. Upon receipt of a complaint regarding the smoke or odors from open fires, the fires shall be extinguished. (d) Hours. Open burning may only be performed between the hours of 6:00 a.m. and 8:00 p.m. and by 8:00 p.m. all fires must be completely extinguished so that no burning embers remain or smoke or gas emit therefrom. These time restrictions shall not apply to open fires for cooking, heating, recreation or ceremonies. (e) Distance Restrictions. Open burning shall be at least 20 feet from any structure, except as follows: i) Barbeque grills and other outdoor cooking appliances may be used within 20 feet of a structure except that these are not permitted in apartment buildings on decks above the first floor. This provision shall take effect on July 1, 1993. ii) Landscape waste fires shall be no closer than 1/4 mile from any structure. DIVISION II. Sec. 8.201. PENALTY. Any person, corporation or other legal entity who violates or resists the enforcement of any of the provisions of this ordinance shall be charged with a munici- pal infraction punishable by a civil penalty of thirty dollars ($30.00) for the initial of- fense, one hundred dollars ($100.00) for the second offense and two hundred dollars ($200.00) for each repeat offense. Any person, corporation or other legal entity who violates this ordinances after having previously having judgment entered for violation the same ordi- nance provisions at the same location or at a different location shall be charged with a repeat offense. Seeking a civil penalty as authorized in this section does not preclude the City from seeking alternative relief, including an order for abatement or injunctive relief." Section Two. The Municipal Code of the City o Ame�is Fereby further amended by repealing Subsection 10.8(3)(c) as it now exists, and re-enacting a new subsection as follows: "(c) By open burning in accordance with the provisions of Chapter 8 of the Ames Municipal Code." Section Three. All ordinanc- es or parts of or finances in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Four. This ordinance shall be in full orrcce anT effect from and after its passage and publication as required by law. Adopted this 24th day of September, 1992. Jill Ripperger, Acting City Clerk Larry R. Curtis, Mayor Published In The Daily Tribune September 30, 1992.