Municipal Code
CHAPTER 1610 BOCA National Fire Prevention Code.
1610.01 1993 edition adopted; file copies.
1610.02 References in Code.
1610.03 Publication.
1610.04 Amendments.
1610.05 Conflict of laws.
1610.99 Penalty.
CROSS REFERENCES
Fires and fire protection generally - see M.C.L.A. 29.1
et seq., 41.181,
125.401 et seq., 750.240 et seq.
Fire limits - see CHTR. Ch. II, §2(5)
Contracts with Fire Department - see CHTR. Ch. II,§2(13)
Fire Department generally - see ADM. Ch. 244
Recovery of costs for incendiary-type fires - see ADM.
244.02
Open burning - see GEN. OFF. 678.01
Permits and fees for flammable liquids - see B. & H.
1440.04
1610.01 1993 EDITION ADOPTED; FILE COPIES.
A certain document, three copies of which are on file in
the office of the Village Clerk, being marked and
designated as the BOCA National Fire Prevention
Code/1993, ninth edition, published by Building
Officials and Code Administrators International, Inc.,
is hereby adopted as the Fire Prevention Code of the
Village for the control of buildings and structures as
therein provided. Each and all of the regulations,
provisions, conditions and terms of the BOCA National
Fire Prevention Code are hereby referred to, adopted and
made a part of this chapter by reference, as if fully
set out in this chapter, save and except such portions
as are hereinafter amended or deleted.
1610.02 REFERENCES IN CODE.
References in the BOCA National Fire Prevention Code, as
adopted in Section 1610.01, to "State" shall mean the
State of Michigan, references to "municipality" or
"jurisdiction" shall mean the Village of Franklin;
references to the "charter" shall mean the Charter of
the Village of Franklin; references to "local
ordinances" shall mean ordinances of the Village of
Franklin; reference to the "code" shall mean the BOCA
National Fire Prevention Code.
1610.03 PUBLICATION.
The Clerk of the Village of Franklin shall publish this
chapter in the manner required by law and shall at the
same time publish a supplementary notice setting forth
the purpose of the BOCA National Fire Prevention Code
and the fact that complete copies of such Code are
available at the office of the Clerk for inspection by
the public at all times.
1610.04 AMENDMENTS.
The following sections and subsections of the BOCA
National Fire Prevention Code, as adopted in Section
1610.01, are hereby amended or deleted as set forth and
additional sections and subsections are added as
indicated. Section numbers used in this section shall
refer to the like numbered sections in the BOCA National
Fire Prevention Code.
Section F-102.4 is hereby added to read as follows:
Applicability of other laws: Nothing in this code shall
be construed, interpreted or applied to abrogate,
nullify or abolish any law, ordinance, code or charter
adopted by the jurisdiction, governing the construction,
alteration, addition, repair, removal, demolition, use,
location, occupancy and maintenance of buildings
specifically provided herein. Nothing contained herein
is intended to imply permission for uses prohibited by
the Charter of the Village of Franklin or other Village
ordinances, including, but not limited to, the Zoning
Code.
Section F-105.2 is hereby amended to read as follows:
Appointment: The fire official shall be appointed by the
President of the Village. The President of the Village
may, in making his or her appointment, consider the
recommendation of the Board of Fire Commissioners of the
Franklin Volunteer Fire Department, Inc. It shall be the
duty and responsibility of the fire official to enforce
the provisions of the Fire Prevention Code in a manner
set forth and by means of the authority granted in
Sections F-105.0 and F-106.1, as amended. The fire
official shall serve at the pleasure of the President of
the Village of Franklin for a term of one year or until
his or her successor shall be appointed. The fire
official shall serve the Village of Franklin without
compensation by the Village of
Franklin, provided, however, that this shall not
preclude compensation for the fire official as an
employee of the Franklin Volunteer Fire Department, Inc.
In carrying out the intent of the Fire Prevention Code,
as provided herein, the fire official may delegate
responsibility for the performance of various functions
to a single designated individual with the approval of
the President of the Village of Franklin. Such
individual shall be known as the fire inspector.
Section F-106.6 is hereby amended to read as follows:
Rules and regulations: The fire official shall have
authority, as may be necessary in the interest of public
safety, health and general welfare, to implement the
provisions of the Fire Prevention Code, to secure the
intent thereof and to designate requirements applicable
because of climatic or other conditions through the
procedures prescribed in Section F-106.0.
Section F-106.9 is hereby added to read as follows:
Referral of violations: Notwithstanding any provision of
this code to the contrary, the fire official or his or
her designated fire inspector shall refer all violations
or alleged violations of this code to the Village
President for enforcement action, in accordance with the
Franklin Village Charter.
Section F-106.10 is hereby added to read as follows:
Council approval of permits: Certain permits as
specified in this code shall require approval by the
Village Council.
Section F-107.2 is hereby amended to read as follows:
Permits required: Permits are required for the various
uses and activities provided in this code and in the
Business Regulation and Taxation Code of the Village
(Part Eight of the Codified Ordinances of the Village).
Permits shall at all times be kept on the premises
designated therein and shall at all times be subject to
inspection by the fire official.
Section F-107.8 is hereby amended to read as follows:
Payment of fees: A permit shall not be issued until the
designated fees have been paid. A schedule of such fees
shall periodically be submitted by the fire official to
the Village Council for its consideration. Upon
acceptance or modification of such schedule by the
Council, and in compliance with the provisions of
Chapter VI of the Charter of the Village of Franklin,
such fee schedule shall be enacted by ordinance or
resolution. In the absence of such a schedule, all
permits required
under this code shall require a fee of fifty dollars
($50.00), which shall be obtained by the Village of
Franklin to offset costs of administration in the
issuance of permits and initial building inspections.
Section F-112.1 is hereby amended to read as follows:
Notice of violation: Whenever the fire official observes
an apparent or actual violation of a provision of this
code, he or she shall prepare a written notice of
violation describing the condition deemed unsafe and
specifying time limits for the required repairs or
improvements to be made to render the building,
structure or premises safe and secure. The written
notice of violation of this code shall be served upon
the owner, his or her duly authorized agent or the
occupant or other person responsible for the conditions
under violation. Such notice of violation shall be
served either by delivering a copy of the same to such
person or persons or by sending a copy by ordinary mail
to his or her last known post office address, or by
delivering a copy to and leaving it in the possession of
any person in charge of the premises, or, in case such
person is not found upon the premises, by affixing a
copy thereof in a conspicuous place at the entrance door
or avenue of access, and such procedure shall be deemed
the equivalent of personal notice. A copy of such
written notice of violation shall also be provided to
the Clerk of the Village of Franklin and the President
of the Village of Franklin at the same time it is
delivered to the owner, authorized agent, occupant or
other person responsible for the conditions in
violation.
Section F-112.2 is hereby amended to read as follows:
Failure to correct violations: If the notice of
violation is not complied with within the time specified
by the fire official, he or she shall notify the Clerk
of the Village of Franklin, and the President of the
Village of Franklin shall then request the legal counsel
of the Village of Franklin to institute the appropriate
legal proceedings to restrain, correct or abate such
violation or to require removal or termination of the
unlawful use of the building or structure in violation
of the provisions of this code or of any order or
direction made pursuant thereto.
Section F-112.3 is hereby amended to read as follows:
Penalty for violations: Any person, firm or corporation
violating any of the provisions of this code, or failing
to comply with any order issued pursuant to any section
thereof, shall be guilty of a misdemeanor and, upon
conviction thereof, shall be subject to the penalty
provided in Section 202.99 of the Codified Ordinances of
the Village of Franklin.
Section F-112.4 is hereby amended to read as follows:
Abatement of violation: The imposition of the penalties
herein described shall not prevent the legal officer of
the Village of Franklin, under the direction of the
President of the Village of Franklin, from instituting
an appropriate action to prevent unlawful construction,
or to restrain, correct or abate a violation, or to
prevent illegal occupancy of a building, structure or
premises, or to stop an illegal act, business or use of
a building or structure in or about any premises.
Section F-113.2 is hereby amended to read as follows:
Membership of board: The board of appeals shall be the
Franklin Village Council plus one person designated by
the Franklin-Bingham Volunteer Fire Department Board of
Commissioners.
Section F-113.2.1 Qualifications: This section is hereby
deleted.
Section F-113.2.2 Alternate members: This section is
hereby deleted.
Section F-113.2.3 is hereby amended to read as follows:
Chairman: The chairman shall be the Village President.
Section F-113.2.5 is hereby amended to read as follows:
Secretary: The Secretary shall be the Village Clerk.
Section F-113.2.6 is hereby amended to read as follows:
Compensation of members: There shall be no compensation
to members.
Section F-113.4.1 is hereby amended to read as follows:
Procedure: The board shall use the Franklin Village
Council Rules of Procedure unless other procedures are
adopted.
Section F-113.6 is hereby amended to read as follows:
Board decision: The board of appeals shall have
authority to decide appeals where it is alleged that
there is an error of law in any ordinance, requirement,
decision or determination made in the enforcement of
this code. The board of appeals shall have authority to
grant such variance as may be in harmony with the
general purpose and intent of this code, provided that
public safety and welfare
are secured. All decisions by the board shall require a
majority concurring vote and it shall require at least
three members of the board to conduct the business of
the board.
Section F-202.0 is hereby amended to change the
definition of "Rubbish" to read as follows:
Rubbish: Rubbish means miscellaneous waste materials
resulting from housekeeping, mercantile enterprises,
trades, manufacturing and offices, including other waste
matter such as slag, stone, broken concrete, fly ash,
ashes, tin cans, glass, scrap metal, rubber, paper,
rags, chemicals or any similar or related combinations
thereof; useless waste or rejected matter, including,
but not limited to, garbage, used or unwanted lumber,
paint, rags, plastic materials of any kind, shingles,
papers, litter, refuse, paper boxes or boxes made of
other material, vegetable matter (excluding leaves and
branches less than one and one-half inches in diameter),
or animal matter, petroleum products, such as gasoline,
and paint thinners.
Section F-403.3 is hereby amended to read as follows:
Allowable burning: Add: Open burning of leaves shall be
allowed.
Section F-403.4.3 Open burning prohibited: This section
is hereby deleted.
Section F-403.9 is hereby added to read as follows:
Notification and permission: Any burning under this
section shall also require the approval of the Franklin
Village Council. This section shall not apply to the
burning of leaves.
Section F-403.10 is hereby added to read as follows:
Notification: This section shall not apply to the
burning of leaves in accordance with this Chapter 4.
Section F-403.11 is hereby added to read as follows:
Outdoor burning: Outdoor burning of rubbish within the
Village limits shall be prohibited at all times,
provided, however, that this section is not intended to
prohibit or restrict the indoor burning of wood, heating
oil or other products or materials intended for and used
in fireplaces, or other devices constructed for the
heating of structures, and further provided that this
Chapter 4 shall not be construed to prohibit the outdoor
burning of leaves or branches less than one and one-half
inches in diameter.
Section F-403.12 is hereby added to read as follows:
Burning of leaves: Sections F-403.1 through F-403.11 are
to be considered inapplicable with reference to the
burning of leaves, except that such burning shall be
prohibited where it is deemed to constitute a hazard to
pedestrian and/or vehicular traffic.
Section F-2301.2 is hereby amended to read as follows:
Permit required: Add: A permit shall be approved by the
Village Council prior to issuance by the code official.
Section F-3001.2 is hereby amended to read as follows:
Permit required: A permit must be obtained from the
Village Council.
Section F-3009.1 is hereby amended to read as follows:
Time: Add: All blasting must be approved by the Village
Council.
Section F-3101.2 is hereby amended to read as follows:
Permit required: A permit shall be obtained from the
Village Council for the display, sale or discharge of
fireworks.
Section F-3101.3 is hereby amended to read as follows:
Permit issuance: Add: Application must be made 75 days
in advance of the date of display or discharge of
fireworks.
1610.05 CONFLICT OF LAWS.
(a) In the event of a conflict between any of the
provisions of the BOCA National Fire Prevention Code, as
adopted in Section 1610.01, and a provision of any local
ordinance, resolution, rule or regulation, the local
ordinance, resolution, rule or regulation shall control.
(b) In the event of a conflict between any of the
provisions of such Code and a provision of any State
law, rule or regulation, the State law, rule or
regulation shall control.
(c) In the event of a conflict between any of the
provisions of such Code and a provision of any other
technical code adopted by reference by the Village, the
stricter or higher standard shall control.
1610.99 PENALTY.
(EDITOR'S NOTE: See Section 202.99 for general Code
penalty if no specific penalty is provided.)
