City Looks to Upgrade Fire Code In Latest Public Safety Initiative

FOR IMMEDIATE RELEASE
June 11, 2008

For more information, please contact:
Danny Lopez, Communications Director, City of Bloomington, 349-CITY, lopezd@bloomington.in.gov

Bloomington, IN - In an effort to increase public safety around Bloomington and more closely coordinate City Fire regulations with State ones, the City of Bloomington Fire Department (BFD) will be recommending an upgrade to the City's current fire code to be approved by City Council in coming weeks.

These changes, which include an update to inspection procedures and increases in fines for certain violations, serve to enhance public safety at local businesses, help owners better protect their investments and align local codes with those long-adopted by the State of Indiana. The initiative is part of an ongoing push to improve fire prevention and education around Bloomington by increasing the efficiency of inspection procedures, something which has already resulted in a 42% decrease in the number of fires since 2005. City Hall and the BFD are anxious to see further modifications to the code take effect as City staff works closely with local merchants to prepare them for the changes.

The original fire code was codified by the City in 1976 and while slight revisions were made in 1997, recently a task force consisting of the BFD, the City of Bloomington Police Department, the State Fire Marshall and the Excise Police was brought together to examine its effectiveness in protecting the public. While no major changes to the code were recommended, officials felt that upgrading fines would encourage business owners to find immediate solutions to lingering fire safety concerns. City of Bloomington Mayor Mark Kruzan highlighted the importance of the improved fire code in the ongoing protection of residents and visitors.

"In my mind, the single most important task that we have as City government is the protection of the public welfare and the commitment to making sure that Bloomington remains a safe place to live," Kruzan said. "The current fine structure simply does not do enough to address the challenges posed by fire prevention systems that are not up to code. We had some concerns about the safety of some locations, and while we are continually working with businesses to make improvements, we simply are not willing to put the public's well-being at risk."

In practice, the new fire code will increase fines to as much as $2,500, depending on the severity of the violation. Fire inspectors will provide business owners with deadlines for making upgrades to their systems, though in most cases follow-up inspections will allow for a 30-day correction period. Following that period, fines will be levied on businesses which have not brought their properties up to code.

Moreover, the new code will create a clear outline of inspection procedures that can be strictly adhered to by the BFD, procedures more in tune with the State's fire code. State law requires periodic inspections, and all local fire departments are responsible for the enforcement of State procedures. The result, as indicated by City of Bloomington Fire Chief Fire Kerr, is this modification of the ordinance to one far more practical and effective.

"I hope we never have to levy one fine," Kerr said. "Fire prevention is the most efficient way to address public safety issues related to fire, and we will be working hard with businesses to make sure they understand what's expected of them. We're confident that making simple modifications to the fire code in this way will have extensive effects in protecting the public's well-being."

See below for the complete version of the proposed ordinance. For more specific information on fire safety, please visit http://bloomington.in.gov/sections/viewSection.php?section_id=125 or call 332-9763.

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10 Things To Be Aware Of In Your Business

1. Occupant load
2. Clear and unobstructed egress
3. Extension cords and other electrical abatements
4. Commercial hood system cleaned and serviced
5. Unobstructed access to fire service features
6. Fire alarm serviced
7. Sprinkler system serviced
8. Electrical/Mechanical rooms clear of combustibles
9. Properly functioning emergency lighting
10. Properly functioning exit lights

Chapter 18.04

ADMINISTRATION AND ENFORCEMENT

Sections:

18.04.010 Title and Purpose

18.04.020 Definitions

18.04.030 Applicability

18.04.040 Minimum Standards

18.04.050 Enforcement Authority

18.04.060 Right of Entry

18.04.070 Inspections

18.04.080 Fire Investigations

18.04.090 Records

18.04.100 Enforcement

18.04.110 Legal Assistance

18.04.120 Law Enforcement Assistance

18.04.130 Notice of Violation

18.04.140 Inspection Report

18.04.150 Imminent Danger

18.04.160 Duty to Correct

18.04.170 Orders to Correct

18.04.180 Orders Forbidding Occupancy or Construction

18.04.010 Title and Purpose

(a) This chapter shall be known as the "Fire Prevention Code of the City of Bloomington, Indiana".

(b) The purpose of this chapter is to prescribe regulations consistent with nationally recognized standards for the protection of life, environment, and property from the hazards of fire and explosion, from the hazards arising from the storage, handling and use of hazardous materials, from conditions hazardous to life or property in the use or occupancy of new or existing buildings, sheds, tents, lots and/or premises, and to establish appropriate administrative procedures for the enforcement of this chapter.

18.04.020 Definitions

As used in this chapter, the following terms shall have the meanings ascribed to them in this section.

(a) Chief means the Chief of the City of Bloomington Fire Department

(b) Fire Department means the City of Bloomington Fire Department.

(c) Fire Service Features include, but are not limited to the following, hydrants, connections, Post Indicator Valves, key boxes, access road, fire lanes, roof openings, door openings and Fire Department equipment.

(d) Hazardous condition means the presence of a structural condition, equipment, utility connection, or materials which constitute or pose a recognized threat of fire or other injury to persons or property.

(e) Private dwelling means a building used exclusively as the personal residence of one (1) or two (2) families.

18.04.030 Applicability

(a) The provisions of this chapter shall be supplemental to the Indiana Fire Code, as adopted by the Indiana Fire Prevention and Building Safety Commission.

(b) The provisions of this chapter shall apply to maintenance of fire prevention and life safety features as herein described.

(c) The provisions of this chapter shall not apply to private dwellings.

(d) When any provision of this chapter is found to be in conflict with any building, zoning, safety, health, or other applicable law or ordinance of the City or Monroe County existing on the effective date of this chapter, the provision which establishes the higher standard for the promotion and protection of the safety and welfare of the public shall prevail.

(e) The provisions of this chapter shall apply to existing conditions; as well as to the conditions arising after the adoption thereof. Buildings, systems, uses, processes, and equipment in existence on the effective date of this chapter shall be permitted to continue so long as they are maintained in a condition that is equivalent to the quality and fire resistive characteristics that existed when the building was constructed, altered, added to or repaired.

18.04.040 Minimum Standards

(a) All fire safety rules of the Indiana Fire Prevention and Building Safety Commission as set out in Article 22 of Title 675 of the Indiana Administrative Code applicable to Monroe County are hereby incorporated in this chapter, and shall include later amendments to that article as the same are published in the Indiana Register or the Indiana Administrative Code with effective dates as fixed therein.

(b) A current copy of these standards shall be available in the office of the City of Bloomington Legal Department for inquiry and review by the public during normal business hours.

18.04.050 Enforcement Authority

(a) It shall be the duty and responsibility of the Chief, or his/her designee(s), as assistant(s) to the Indiana State Fire Marshall, to enforce the provisions of this Code.

(b) The Chief, or his/her designee(s), shall cooperate with the Monroe County Building Department, the City of Bloomington Planning Department, the City of Bloomington Housing and Neighborhood Development Department and all other agencies who may have an interest in fire protection or safety for the enforcement of all applicable codes and laws required to be enforced by the City of Bloomington.

18.04.060 Right of Entry

(a) Pursuant to IC 36-8-17, authorized personnel of the Fire Department may, at all reasonable hours, enter any structure (except private dwellings) within its jurisdiction for the purpose of conducting inspections or investigations pursuant to this chapter. The right to enter shall extend to new structures under construction as well as to existing structures being renovated or remodeled.

(b) An inspector or investigator shall be required to produce satisfactory proof of his/her authority or identity.

(c) If an inspector or investigator is denied access, the Chief, or his/her designee(s), with the assistance of the City of Bloomington Legal Department, may apply to any court of record in Monroe County for an order allowing inspection or investigation.

18.04.070 Inspections

(a) The Fire Department shall perform yearly inspections under the administrative supervision of the Chief pursuant to IC 36-8-17 et. seq.

(b) The Fire Department may, as often as may be reasonably necessary:

(1) Inspect every place and public way, except the interiors of private dwellings annually; and,

(2) Inspect, upon receipt of a complaint, any building or premises, except interiors of private dwellings.

(d) Inspection Fees shall be as follows:

(1) Initial inspections are free of charge.

(2) The first reinspection is free of charge if all violations noted in the initial inspection have been remedied.

(3) An inspection fee of one hundred dollars ($100.00) shall be charged for the first resinspection if any of the violations noted in the initial inspection have not been remedied.

(4) If a second or subsequent reinspection is required within twelve (12) months of the initial inspection, the inspection fee for such second or subsequent inspection shall be two hundred dollars ($200.00).

(5) For inspections of fire protection systems that are performed solely in response to the request of the owner or occupant of a building or structure, the inspection shall be free of charge.

18.04.080 Fire Investigations

(a) The Fire Department shall perform fire investigations under the administrative supervision of the Chief pursuant to IC 36-8-17.

(b) The Fire Department shall investigate, assist in the prosecution of, and support suppression of arson and other crimes associated with the destruction or attempted destruction of property by fire in its respective jurisdiction, shall take immediate charge of the physical evidence, notify any other authorities designated by law to assist in the investigation of such matters, and cooperate with such other authorities in the prosecution of the case. Reports prepared pursuant to this section shall be in the form prescribed by the Chief and shall contain a statement of all facts relating origin, cause and circumstances of the fire, the extent of damage, and any other appropriate information concerning the fire.

18.04.090 Records

(a) The Fire Department shall keep a record of all fires and the facts concerning them, including statistics as to the extent of fires and the losses sustained. Such reports shall be prepared into an annual summary and submitted when requested to the City of Bloomington Board of Public Safety.

(b) The Fire Department shall maintain files containing reports of all properties that have been inspected, all orders issued, of all complaints and fires investigated, and the location of all buildings containing hazardous occupancies.

18.04.100 Enforcement

(a) It shall be the responsibility of the Fire Department to enforce all provisions of this chapter within its jurisdiction.

(b) The Fire Department shall have such other powers and duties as may be conferred from time to time by law or ordinance.

18.04.110 Legal Assistance

The Fire Department may obtain the services of the City of Bloomington Legal Department for legal assistance in connection with the enforcement of this chapter.

18.04.120 Law Enforcement Assistance

The Chief or the City of Bloomington Police Department or other law enforcement agencies recognized by the State of Indiana, upon request of the Chief, or his/her designee(s), may assign such available law enforcement officers as may be necessary to assist the Fire Department in the enforcement of this chapter.

18.04.130 Notice of Violation

Under IC 36-8-17-9, the enforcement of 675 IAC 22, this chapter, or any other provision of this Code, which is within the jurisdiction of the Fire Department, the Fire Department shall seek the correction of any violation or the elimination of any hazardous condition, by the methods specified in this chapter or by any other appropriate remedy or procedure provided by law.

18.04.140 Inspection Report

A copy of the inspection report with violations and safety recommendations shall be served upon the owner, operator, occupant or other person responsible for the building or property. Service of such report shall be by personal service, or by affixing a copy thereof in a conspicuous place at the entrance of said building or premises or by mailing a copy thereof to the owner or occupant by first class mail to the owner's or occupant's last known address.

18.04.150 Imminent Danger

The Chief, or his/her designee(s), may order the operation or use stopped, or the evacuation, of any premises, building or vehicle or portion thereof in accordance with IC 36-8-17-9 when it is determined that conduct or conditions of the property:

(1) Present a clear and immediate hazard of death or serious bodily injury to any person other than a trespasser;

(2) Are prohibited without a permit, registration, certification, release, authorization, variance, exemption, or other license required under IC 22-14 or another statute administered by the department of fire and building services and the license has not been issued; or,

(3) Will conceal a violation of law.

Said order must first be approved by the State Fire Marshal.

18.04.160 Duty to Correct

In the event of imminent danger, the owner or person in control of any premises or building upon which a violation or hazard exists shall:

(1) Cease and correct the violation or hazard; or

(2) Protect persons and property from the hazards of the violation and correct the violation or hazard; or,

(3) Require persons to leave the area that is affected by a violation or hazard and prohibit persons from entering the area until the violation is corrected.

18.04.170 Orders to Correct

(a) If an owner or occupant fails to comply with an inspection report issued pursuant to this Code, the Fire Department may issue an order to compel compliance with the provisions of this chapter.

(b) The failure of the Fire Department to inspect or to issue an order in accordance with this chapter shall not constitute approval of any violation or noncompliance with the provisions of this chapter.

(c) Any order issued pursuant to this section shall be served upon the owner, operator, occupant or other person responsible for the building or property. Service of such order shall be by personal service, or by affixing a copy thereof in a conspicuous place at the entrance of said building or premises or by mailing a copy thereof to the owner or occupant by first class mail to the owner's or occupant's last known address.

18.04.180 Order Forbidding Occupancy or Construction

(a) The Chief, or his/her designee(s), is empowered to issue an order forbidding the occupancy of any structure or part of any structure, in accordance with IC 36-8-17-9.

(b) The Chief, or his/her designee(s), is empowered to issue an order forbidding continued construction of a building or structure in accordance with IC 36-8-17-9 when the building, structure or property under development is in violation of state or local fire prevention codes and continued work will:

(1) Conceal a violation of law;

(2) Be inaccessible to servicing fire department apparatus; or,

(3) Provide insufficient water supply as required by this Code.

(c) The order forbidding occupancy or continued construction shall be in writing, specifying whether it is applicable to the entire structure, part of the structure, or the property under development. The order shall state the reason for issuance and the conditions under which the structure, part of the structure or property may be occupied or construction continued. The order shall be posted on the structure in a conspicuous location and if conveniently possible, shall be given to the owner of the property or his/her agent and to any other responsible person supervising work on the premises. It shall be unlawful for any person to remove a posted order.

Chapter 18.08

EMERGENCY SERVICES, DEVICES AND APPLIANCES

Sections:

18.08.010 Authority at Fires and Emergencies

18.08.020 Emergency Lines

18.08.030 Unlawful Interference with Fire Protection Equipment

18.04.040 Painting

18.04.050 Installation and Plans-Approval

18.08.010 Authority at Fires and Emergencies

The Chief, or his/her designee(s), at any fire, explosion, or other emergency which poses imminent threat to life, environment, or property, shall have the authority to direct operations as may be necessary to control, extinguish, perform special operations, and investigate the existence of hazardous conditions in connection with such fire, explosion, or other emergency, or to take other action reasonably necessary to contain, mitigate, or eliminate the emergency.

18.08.020 Emergency Lines

(a) The Chief, or his/her designee(s), the incident commander, or any law enforcement officer may establish emergency lines and limits and barricade or guard from the general public such emergency lines and limits. The Chief, or his/her designee(s), the incident commander, or any law enforcement officer may create an area in which only the following shall be admitted: firefighters, law enforcement officers and those having a direct interest in any property threatened by the fire, explosion, or other emergency, or other people or agencies at the discretion of the incident commander shall be admitted.

(b) It shall be unlawful for any unauthorized person to cross such emergency lines or limits.

18.08.030 Unlawful Interference with Fire Service Features

It shall be unlawful for a person to do or permit to be done any of the following acts:

(a) Tampering with fire service features. To tamper, molest, destroy or remove or in any manner interfere with, damage or disturb any part of the fire service feature, apparatus, equipment or devices in the City of Bloomington;

(b) Injuring fire hose. To drive any motor vehicle or railroad locomotive over any fire hose laid in any street in the vicinity of any fire or while in use for any other purpose, or in any other way interfere with the use of such hose; or,

(c) Opening fire hydrants. To use or operate any public or private hydrants or valves connected to a water system intended for fire suppression purposes without written permission from the water utility or the servicing fire department. Notwithstanding the provisions of this subsection, employees of the water utility who are authorized, members of the servicing fire department, owners of private fire hydrants, and members of a duly recognized facility fire brigade may operate hydrants and valves as part of their assigned duties.

(d) Obstruction. To place, park, plant, build, erect or maintain any object, plant or material which will obstruct or hinder in any manner the operation of use of any fire appliance within the City of Bloomington.

18.08.040 Painting

No fire hydrant shall be painted except by persons employed by or authorized by the City of Bloomington.

18.04.050 Installations and Plans--Approval

Before the installation of any fire hydrant which will use water from the City of Bloomington water system, the plans and specifications of such installations shall be approved by the Fire Department and the City of Bloomington Utilities Department. All such installations shall be of a type of hydrant designed as suitable by the Fire Department.

Chapter 18.12

Fire Protection Equipment, Commercial Kitchens and Fire Lanes

Sections:

18.12.010 Plans for Fire Protection Systems

18.12.020 Requirements for Commercial Kitchen Exhaust Equipment and Fire Protection Equipment

18.12.030 Fire Lanes

18.12.010 Plans for Fire Protection Systems

In the event a set of plans and specifications for fire protection systems, including fire alarm systems, automatic sprinkler systems, standpipe systems, and other special types of fire extinguishing or detecting systems and appurtenances thereto is created, then such documents shall be submitted to the Fire Department for information purposes. Failure to submit such documents as required by this section shall constitute a violation of the Code.

18.12.020 Requirements for Commercial Kitchen Exhaust Equipment and Fire Protection Equipment

Any new installation of kitchen fire suppression equipment shall be inspected by the Fire Department prior to the kitchen cooking equipment being placed in-service. The installing company shall:

(a) Use installers that are certified by the manufacturer;

(b) Provide a copy of the plans for the system to the Fire Department for approval prior to installation;

(c) Notify the Fire Department at least twenty-four (24) hours in advance of the system being completed for system testing; and,

(d) File with the Fire Department a form stating that the system has been inspected, signed by both a representative of the Fire Department and the installation company's representative. This form is to be kept on file in the Fire Department.

18.12.030 Fire Lanes

For the purposes of this Title, fire lanes, which shall also be known as emergency vehicle lanes, shall be required as set forth in Bloomington Municipal Code Section 15.32.160 Emergency Vehicle Lanes.

(a) Fire lanes shall be capable of supporting the intended loads of the largest apparatus anticipated to be used on the property.

(b) Where a bridge is required to be used as access to a property, it shall be constructed and maintained using live design loading sufficient to carry imposed loads of fire apparatus.

(c) Fire lanes shall be marked with freestanding signs or marked curbs, sidewalks or other traffic surfaces that have the words "Fire Lane-No Parking." The type and color of markings shall be approved by the Fire Department.

Chapter 18.16

Open Burning

Sections:

18.16.010 General

18.16.020 Permit Required

18.16.030 Burning on Public Property

18.16.040 Hazardous or Objectionable Situation

18.16.010 General

In addition to the requirements of this Code, all rules of the Indiana Department of Natural Resources and the Indiana Department of Environmental Management shall be observed at all times.

18.16.020 Permit Required

(a) No person shall start, kindle or maintain any bonfire or open burning, or authorize or allow any such fire to be started, kindled or maintained with the City of Bloomington without having first obtained a permit from Fire Department.

(b) During the construction or demolition of buildings or structures, no waste materials or rubbish shall be disposed of by burning without having first obtained a permit from the Fire Department.

(c) Any applicant for an open burning permit shall demonstrate that he/she is in legal control of the lot or parcel of land on which the burning is to occur.

(d) These restrictions do not prohibit outdoor fires in pits or grills on private property used solely for the preparation of food.

18.16.030 Burning on Public Property

Burning on public property shall be prohibited unless a permit has first been obtained from the Fire Department.

18.16.040 Hazardous or Objectionable Situation

The Fire Department is authorized to order the extinguishment of an open burn or extinguish the open burn itself upon a determination that the open burn creates or adds to a hazardous or objectionable situation. This section applies to those persons granted a permit under sections 18.16.020 and 18.16.030.

18.16.050 Chimenia (small ceramic fire place)

Chimenias may be used, provided the following guidelines are met:

(a) A chimenia must be used following the manufacturer's guidelines.

(b) A chimenia must be placed outside and cannot be located under a roof or any type of balcony.

(c) If a chimenia is used on a wooden deck or other combustible surface, the unit must be placed on an approved noncombustible surface such as a "UL listed stove mat" or "hearth board".

(d) A chimenia shall not be placed within four (4) feet to any combustible.

(e) A chimenia shall be attended at all times while burning.

(f) If wood is used that causes "crackle and sparks" the chimenia should be fitted with a protective screen over all openings.

(g) A chimenia shall not be used for heating or cooking purposes.

Chapter 18.20

Penalties and Appeals

Sections:

18.20.010 Penalties

18.20.020 Appeals

18.20.010 Penalties

(a) Each day that any violation continues shall be considered a separate violation for purposes of the penalties and remedies specified in this chapter. A violation continues to exist until corrected.

(b) Any violation of this chaptershall be subject to a civil penalty of not more than two thousand five hundred dollars ($2,500.00) for each such violation, and not more than seven thousand five hundred dollars ($7,500.00) for the second and any subsequent violation, in addition to any and all other remedies available to the City, except where a lesser fine is specified herein.

(c) The following violations of this chaptershall be subject to the fines listed in the table below for the first offense. In addition, if a responsible party commits a second or subsequent violation of the same provision of this chapter within twelve (12) months of the first such violation, the listed fine for such second or subsequent offense shall be twice the previous fine, subject to the maximum set forth in Subsection 18.20.010(b). (For example, a violation that is subject to a one hundred dollar ($100.00) fine per the table will be subject to a two hundred dollar ($200.00) fine for the second offense, a four hundred dollar ($400.00) fine for the third offense, and so forth.)

Fire Prevention Code	Fine
Failure to Post Occupant Load	$10.00
Failure to Service Extinguishers	$10.00
Exit Lights Not Working Properly	$50.00
Emergency Lighting Not Working Properly	$50.00
Fire Stoppage/Penetration Violations	$50.00
Electrical Hazard Violations	$100.00
Combustibles Stored in Mechanical Rooms	$500.00
Failure to Service Fire Alarm(s)	$500.00
Failure to Service Sprinkler System(s)	$500.00
Failure to Service/Clean Commercial Kitchen Hoods	$1,000.00
Tampering, Obstructing, Hindering or Obstructing Access to Fire Service Features	$1,000.00
Violation of Occupancy Limitation	$2,500.00
Blocking Marked Exits	$2,500.00
Disabling Sprinkler System	$2,500.00
Open Burning	$2,500.00
Crossing Emergency Line or Limit	$500.00
Any Other Violation	Up to $2,500.00

18.20.020 Appeals

(a) Whenever the Fire Department disapproves or refuses to grant a permit applied for, the applicant may appeal the decision of the Fire Department to the Board of Public Safety or whenever the Fire Department assesses a fine for a violation of this Code, said fine may be appealed to the Board of Public Safety.

(1) The appeal must be in writing.

(2) The appeal must be submitted to the City of Bloomington Legal Department within fourteen (14) days of the denial of the permit.

(3) The Board of Public Safety, in its discretion, may review the appeal in writing or may review the appeal via an open hearing. The applicant will be notified by the City of Bloomington Legal Department whether a hearing will be held.

(b) An owner or occupant who remains aggrieved by the decision issued pursuant to this chapter and the matter involves a rule of the Indiana Fire Prevention and Building Safety Commission, may appeal to such Commission in accordance with the Indiana Code.

This ordinance shall be in full force and effect from and after its passage by the Common Council of the City of Bloomington, approval of the Mayor, publication in accordance with State law and approval by the Indiana State Fire Prevention and Building Safety Commission.

PASSED AND ADOPTED by the Common Council of the City of Bloomington, Monroe County, Indiana, upon this ______ day of ___________________, 2008.

………………………………………………………. __________________________________

………………………………………………………. Susan Sandberg, President
……………………………………………………… Bloomington Common Council

ATTEST:

____________________

REGINA MOORE, Clerk

City of Bloomington

PRESENTED by me to the Mayor of the City of Bloomington, Monroe County, Indiana, upon this ______ day of ______________________, 2008.

_____________________

REGINA MOORE, Clerk

City of Bloomington

SIGNED and APPROVED by me upon this _______ day of ______________________, 2008.

…………………………………………………………….………________________________
…………………………………………………………….………Mark Kruzan, Mayor
…………………………………………………………….……… City of Bloomington

SYNOPSIS

This ordinance repeals and replaces the current Title 18. The current Fire Prevention Code for the City is very basic. This proposed ordinance creates the following: a definition section, language specifying the availability of assistance from law enforcement, procedures for the investigation of fires, new procedures for inspections and how reports are to be maintained. A new inspection fee system has been added wherein: the first inspection is free; the first reinspection is free provided all violations from the prior inspection have been remedied; the first reinispection results in a fee of $100 if the violations from the prior inspection have not been remedied; all additional reinspections result in a fee of $200; and courtesy inspections of fire protection systems are free of charge. The new ordinance specifically states that the Fire Chief, with the approval of the State Fire Marshal, has the authority to close a noncompliant building or cease a building from being built if it is noncompliant. New language has been added making it an offense to disturb or destroy fire appliances and to cross emergency lines. The fine section has been overhauled; the new section has specific fines for specific offenses and a general catch-all fine for all other fines not listed.