Township of Sylvan
FIRE CODE ORDINANCE NO 19-01
An ordinance to adopt by reference the NATIONAL FIRE PROTECTION ASSOCIATION (“NFPA 1”) FIRE CODE, 2018 EDITION, and ANNEXES and INDEX; to prescribe regulations for the safeguarding, to a reasonable degree, of life and property from the hazards of fire and explosion; to amend certain provisions of the said NFPA 1 FIRE CODE 2018 including conflicts between it and the state construction code; board of appeals; open fires; and to repeal existing Ordinances or parts of Ordinances in conflict herewith.
This Ordinance shall be known and cited as the “Sylvan Township FIRE CODE Ordinance”.
This Ordinance is adopted pursuant to the authority vested in Townships by Section 1 of 1945 PA 246, as amended (MCLA 41.181), and Section 5 of 1951 PA 33, as amended (MCLA 41.805), the purpose of which Ordinance is to adopt a Fire Code with annexes, index, and amendments thereto; to prescribe regulations for the safeguarding to a reasonable degree of life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the use or occupancy of buildings or premises.
ADOPTION OF “NFPA 1 FIRE CODE, 2018 EDITION”
A certain document or booklet, which is marked and entitled as “NFPA 1 FIRE CODE, 2018 EDITION” and the annexes and index thereto, said Code being published by the National Fire Protection Association, official copies of which are on file in the office of the Township Clerk and which may be examined by the general public during regular business hours or by appointment, is hereby adopted by reference as if fully set forth herein. Print or electronic format can be made available through the Chelsea Area Fire Authority following the FOIA (Freedom of Information Act) pricing fee structure. Each and all of the regulations, provisions, penalties, conditions and terms thereof, except as they may hereafter be modified, shall be deemed adopted and made a part hereof by this reference as if fully set forth in this Ordinance.
Section 1.3.3 of the said NFPA 1 / UNIFORM FIRE CODE, 2018 EDITION, regarding “Conflicts” is hereby amended to add Section 188.8.131.52 as follows:
“184.108.40.206. Where a conflict between this document and the Michigan Construction Code occurs, the specific requirements of the Michigan Construction Code shall apply.”
BOARD OF APPEALS
Section 220.127.116.11 of the said NFPA 1/ UNIFORM FIRE CODE, is hereby amended to read as follows:
18.104.22.168. A Board of Appeals shall be established consisting of members and alternate members who shall be appointed by the Township of Sylvan Board of Trustees by reason of education, experience, and knowledge and are deemed to be competent to sit in judgment on matters concerning this Code and its enforcement
Section 10.10 of the said NFPA 1/ UNIFORM FIRE CODE, 2018 EDITION, is hereby amended by the deletion of subsections 10.10.1 through 10.10.9 there under and by the addition of the following language:
“10.10 Open fires, incinerators and commercial fireplaces shall be regulated by separate Township Ordinance.”
Nothing in this Ordinance or in the code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquiring or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Ordinance.
EFFECTIVE DATE, SEVERABILITY AND
REPEAL OF CONFLICTING ORDINANCES
The within ordinance shall take effect 30 days after publication of a summary hereof, after adoption by the Township Board. The provisions of this Ordinance are hereby declared to be severable. If any clause, sentence, paragraph, section or subsection is declared void or inoperable for any reason, it shall not affect any other part or portion thereof. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
Adopted Date: March 26, 2019
Published Date: April 3, 2019
Effective Date: May 3, 2019