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HomeMy WebLinkAbout13.D.1. Amendment to City Code Sec. 10.37-Ord. No. 819 CITY OF SHAKOPEE )3. O. } · Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Tom Pitschneider, Fire Inspector/Marshal SUBJECT: Adoption of Amended City Code Section 10.37 relating to Fires, Open Flames or Barbeques on Balconies or Patios DATE: April 25, 2007 INTRODUCTION: Attached is Ordinance No. 819 amending section 10.37 ofthe Shakopee City Code. This ordinance clarifies the existing section, thereby more clearly providing a baseline for enforcement. BACKGROUND: This ordinance was originally adopted in 1989 after severa11arge loss fires in multi-family dwellings within the Twin Cities metro area. The intention of the ordinance was to limit any possible fires from occurring at structures containing 3 or more dwelling units by not allowing fires or barbeques on any balcony or ground level patio within 15 feet of the structure. The original ordinance also prohibited the storage of fuels on any balcony or ground floor patio within 15 feet of the structure. While this ordinance had some benefit when adopted the vast influx of multi-family structures including apartments and townhomes has made enforcement of the existing ordinance difficult. Most townhomes constructed during the past 10 years have patios no larger than 8 feet in size. In all cases not only does the barbeque need to be operated greater than 15 feet from the structure but must also be stored greater than 15 feet from the structure. This would place the barbeque in the middle of the open yard of most multi- family structures. In many cases we have discovered barbeques and fuels within garages and within dwelling units causing an even greater concern for fire occurance along with concerns for the safety of citizens and emergency responders. Amending the ordinance to allow the storage ofbarbeques and grills adjacent to structure will allow for a more uniform level of enforcement while maintaining adequate safety precautions to minimize the chance of a fire occurring. RECOMMENDATION: Staff recommends adoption of the proposed ordinance. ACTION REQUESTED: Offer Ordinance No. 819, Fourth Series, An Ordinance Of The City Of Shako pee, Minnesota, Amending Section 10.37 Of The City Code Relating To Fires, Open Flames Or Barbecues On Balconies Or Patios, and move its adoption. ORDINANCE NO. 819, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING SECTION 10.37 OF THE CITY CODE RELATING TO FIRES, OPEN FLAMES OR BARBECUES ON BALCONIES OR PATIOS THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 10, Section 10.37, Fires or Barbeques on Balconies or Patios, is amended by adding the language which is underlined and deleting the language that is struckthrough: SEC. 10.37. FIRES. OPEN FLAMES OR BARBEQUES ON BALCONIES OR PATIOS. Subd. 1. Fires Prohibited. In or on any structure containing three (3) or more dwelling units, it is unlawful for any person to kindle, maintain or cause to be kindled and maintained any fire or open flame on any balcony above ground level, or on any ground floor patio within fifteen (15) feet of said structure. Subd. 2. Storage of Fuels and Devices Prohibited. It is unlawful for any person to store or use any charcoal, lighter fluid, natural gas, propane, fuel, barbecue grill, fire pit, torch or other similar heating device, ef lighting chemicals or other open flame devices in the locations designated above. Subd. 3. Exceutions. Excepted from the above prohibitions are electric or gas fired barbecue grills which are permanently mounted, and 'Nired or plumbed to the building' s gas or electrical system and maintain a minimum clearance of eighteen (18) inches on all sides, (unless listed for lesser clearance by the manufacturer) may be installed on balconies and patios when approved by the Fire Chief or the Chiefs designee. The following exceptions shall apply: A. Listed electric grills which are permanently mounted or portable electric grills which maintain a minimum of 30 inches of clearance from all combustibles (unless listed for lesser clearance by the manufacturer) may be used within 15 feet ofthe structure and may be used on balconies above ground level; B. Permanently mounted gas fired grills which are plumbed to the building's gas system and maintain a minimum of 30 inches clearance to all combustibles may be used on the ground level. Existing permanently mounted gas fired grills may remain on balconies above ground level. Replacement of existing grills and new grill installation is not allowed on balconies that are above ground level; and C. Grills that are cold to the touch may be stored adiacent to the structure on the ground level only. Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of ,2009. Mayor of the City of Shako pee ATTEST: City Clerk Published in the Shakopee Valley News on the day of ,2009.