Loading...
05/27/2014 Ordinances 9488 ORDINANCE NO. 9488 An Ordinance to revise Chapter 16 of the Grand Island City Code; to amend Sections 16-1 and 16-3 to adopt the International Fire Code; to delete Sections 16-3.1, 16-3.2, and 16-3.3 and to renumber and amend Section 16-3.4 pertaining to the International Fire Code; to add a new Section 16-3.2 pertaining to the definition of Care Facilities Within a Dwelling; to delete Sections 16-6 and 16-7 and to amend Section 16-8 pertaining to fire alarms; to amend Sections 16-13; 16-15; 16-16; 16-16.1 and 16-22; and to add Article VII, Sections 16-31 and 16-32; to repeal Sections 16-1; 16-3; 16-3.1; 16-3.2; 16-3.3; 16-3.4; 16-6; 16-7; 16-8; 16-13; 16-15; 16- 16.1 and 16-22 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Sections 16-1; 16-3; 16-3.1; 16-3.2; 16-3.3; 16-3.4; 16-6; 16-7; 16-8; 16- 13; 16-15; 16-16; 16-16.1 and 16-22 of the Grand Island City Code are hereby amended to read as follows: CHAPTER 16 FIRE PROTECTION Article I. General §16-1. International Fire Code (IFC) Adopted The International Fire Code, 2012 Edition, published by the International Code Council, is hereby adopted, except for such portions as heretofore or hereafter have been deleted, modified, or amended by ordinance and set forth in this Code. The following sections of the Appendix shall also be adopted: Appendix B —Fire Flow Requirements for Buildings Appendix C —Fire Hydrant Locations and Distribution Appendix D—Fire Apparatus Access Roads Appendix E—Hazard Categories Approved as to Form ° ft 1 May 27,2014 Q CitOorney ORDINANCE NO. 9488 (Cont.) Appendix F—Hazard Rankings Appendix I—Fire Protection Systems-Noncompliant Conditions One copy of said Code shall be filed in the office of the City Clerk as provided by law. §16-3. International Fire Code (IFC); Sections And Chapters Not Adopted It is especially provided that the following chapters, sections, and/or portions of the International Fire Code adopted pursuant to Section 16-1 above, are not adopted or approved, and the same shall be of no force and effect in accordance with state statutes: Section 105 —Permits Section 108 —Board of Appeals Chapter 11 —Construction Requirements for Existing Buildings Chapter 61 —Liquefied Petroleum Gases §16-3.1. Repealed §16-3.2. Repealed §16-3.3. Repealed §16-3.4. IFC—Amendment of Section 109.4 Section 109.4 of the International Fire Code is hereby amended to read as follows: 109.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be subject to penalties as prescribed by law. Each day that a violation continues after due notice has been served shall be deemed a separate offense. §16-6. Repealed §16-7. Repealed §16-8. False Alarms Any person who shall activate any fire alarm knowing such alarm to be false without the peg nission of the mayor or chief of the fire department shall be deemed guilty of a misdemeanor. Article II. Fireworks §16-13. Permit to Sell Fireworks It shall be unlawful for any person to sell or offer for sale permissible fireworks in the City without first making application to the Fire Administration Office(City Hall) for a permit and receiving a permit to do so from the Life Safety Division. Permits shall require that applicants disclose any location within the geographic boundaries of the City where they are storing fireworks for sale. Permits shall require applicants to offer proof of a valid liability insurance policy of at least one million dollars ($1,000,000.00) naming the City as an additional insured party. This policy must be in full force and effect for the entire period of lawful fireworks sales as set forth in §16-15. Such permits shall be in accordance with the City of Grand ORDINANCE NO. 9488 (Cont.) Island Fee Schedule and shall be valid for the calendar year in which issued, and shall at all times be displayed at the place of business of the holder thereof. Such permits shall not be transferable. §16-15. Dates and Times of Lawful Sale Permissible fireworks may be sold or offered for sale in the City of Grand Island on June 27 through and including July 4 of each year. Permissible fireworks may only be sold during the following times: June 28 through July 2— 8:00 a.m. to 10:00 p.m. July 3 — 8:00 a.m. to 11:00 p.m. July 4— 8:00 a.m. to midnight §16-16. Temporary Fireworks Stands Any person having obtained a permit to sell permissible fireworks may sell or offer for sale such fireworks only from a temporary stand or enclosure erected or placed on real estate for that purpose. No fireworks shall be sold from permanent buildings or structures in the City. If fireworks are to be sold from a temporary stand or enclosure, such stand or enclosure shall be of wood or steel frame construction covered with metal or wood. Any temporary enclosure or stand shall be permitted only in those areas of the City zoned for business or manufacturing, and only after a permit is obtained from the Life Safety Division for the erection or placement of such temporary enclosures or stands. Such temporary enclosures or stands shall be permitted to remain on real estate where permissible fireworks are sold for only the period beginning on June 22 through and including July 9 of each year. Any such temporary stand or enclosure shall not be located closer than twenty-five feet from any building, and at least one hundred feet from any station where gasoline and oil for motor vehicles is sold. Such temporary stand or enclosure shall not exceed five hundred square feet in size. Such temporary enclosures shall only be permitted as an accessory to a permitted principal use on improved property, no vacant lots shall be utilized for sale of fireworks. Temporary stands with customer openings adjacent to a public street or sidewalk shall maintain a ten (10) foot setback to protect customers from traffic on the adjacent street or sidewalk. §16-16.1. Signage Required Smoking shall not be permitted inside or within 50 feet of the temporary fireworks stand or sales area. At least one sign that reads as follows, in letters at least 2 inches in height on a contrasting background, shall be conspicuously posted on the exterior of each side of the fireworks stand: NO SMOKING WITHIN FIFTY FEET OR DISCHARGE OF FIREWORKS WITHIN THREE HUNDRED FEET OF THE PREMISES In addition to the "no smoking" sign, at least one sign, 2 foot by 3 foot in size, on a contrasting background, shall be posted on the exterior of the fireworks stand that reads as follows: ORDINANCE NO. 9488 (Cont.) THE GRAND ISLAND CITY CODE ALLOWS FIREWORKS TO BE DISCHARGED ONLY ON THE FOLLOWING DATES AND TIMES: June 28 through July 2 — 8:00 a.m. to 10:00 p.m. July 3 — 8:00 a.m. to 11:00 p.m. July 4— 8:00 a.m. to midnight §16-22. Discharge of Fireworks Peunissible fireworks may be discharged, exploded, or used in the City of Grand Island on June 27 through and including July 4 of each year; provided that on such days the discharge and explosion of fireworks shall be peimitted during the following times: June 28 through July 2 8:00 a.m. to 10:00 p.m. July 3 .. 8:00 a.m. to 11:00 p.m. July 4 8:00 a.m. to midnight The discharge of fireworks within the City of Grand Island on any dates or times other than as set out in this section shall require a permit from the Life Safety Division. Public exhibition applications shall be accompanied by documentation of a display license issued by the State Fire Marshal. Private party display applications will not require a State Fire Marshal license, but displays will be limited to permissible fireworks as described in §16-20 of this Article. Applicant shall also show that there will not be any substantial danger to people or property. Factors that will be considered when reviewing an application will include, but not be limited to, where the fireworks will be discharged, the procedures used to discharge the fireworks and the qualifications of the individuals discharging the fireworks. SECTION 2. Article VII, Sections 16-31 and 16-32 is hereby added to the Grand Island City Code to read as follows: Article VII. Home Day Care §16-31. Definition and Scope For purposes of this section, Home Day Care shall be defined by NFPA 101 (Life Safety Code). §16-32. Life Safety Inspection and Occupancy Permit For a new Home Day Care service, an application for occupancy shall be requested by owner of record. Only after a fire code official has conducted associated inspections indicating the applicable provisions of the life and fire safety codes have been met shall new home day care services be peiuiitted and or conducted. ORDINANCE NO. 9488 (Cont.) SECTION 3. The foregoing sections of Chapter 16 as existing prior to this amendment, and any ordinances or parts of ordinances in conflict herewith, are repealed. SECTION 4. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 5. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: May 27, 2014. ���� 1, cek,,!Mayor Ja r Attest: 1110 ilk II • r ¢ RaNae Edwards, City Clerk i \ a\ C? r