Township of CLAM LAKE
COUNTY OF WEXFORD,
STATE OF MICHIGAN
At a regular meeting of the Township Board of the Township of Clam Lake, County of Wexford, Michigan, held at the Clam Lake Township Hall, 8809 East M-115, Cadillac, Michigan, on the 13th day of May, 2014, at 7:00 p.m. Local Time.
PRESENT: Members: D. Rosser, D. Mackey, S. Kitler, D. Peterson
ABSENT: Members: L. Payne
The following ordinance was offered by Member Mackey and seconded by Member Kitler.
ordinance NO. 46 (2014)
AN ORDINANCE TO ADOPT THE 2009 EDITION OF THE INTERNATIONAL FIRE CODE, REGULATING AND GOVERNING THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE TOWNSHIP OF Clam lake; PROVIDING FOR THE ISSUANCE AND COLLECTION OF FEES THEREFORE; and REPEALING ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH
THE TOWNSHIP OF CLAM LAKE ORDAINS:
Section 1. Adoption of the 2009 Edition of the International Fire Code.The International Fire Code, 2009 edition, including Appendix Chapters A through J (see International Fire Code Section 101.2.1, 2009 edition), as published by the International Code Council, is hereby adopted as the Fire Code of the Township of Clam Lake. All of the regulations, provisions, penalties, conditions and terms of said Fire Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this Ordinance, with the additions, insertions, deletions and changes, as prescribed in Section 2 of this Ordinance.
Section 2. Revisions to Code. The following sections of the Code are hereby revised:
Section 101.1. Title. These regulations shall be known as the Fire Code of the Township of Clam Lake, hereafter referred to as “this Code.”
Section 109.3. Violation Penalties.
(a) A violation of this Code shall be a municipal civil infraction, punishable by a fine of $100.00. Each day the violation occurs shall constitute a separate offense.
(b) The issuance of a municipal civil infraction citation and the imposition of fines against the violator shall not prohibit the Township from also seeking injunctive or other relief against the violator in a civil action, in order to abate the violation or to seek such other relief as provided by law. In a proceeding for injunctive or other relief, the violator shall be responsible for all costs, damages, expenses and actual reasonable attorney fees incurred by the Township, and shall be subject to all other remedies provided to the Township by law.
Section 111.4. Failure to Comply.
(a) Any person who shall continue any work after having been served with a Stop Work Order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be responsible for a municipal civil infraction, punishable by a fine of $500.00. Each day the violation of the Stop Work Order occurs shall constitute a separate offense.
(b) The issuance of a municipal civil infraction citation and the imposition of fines against the violator shall not prohibit the Township from also seeking injunctive or other relief against the violator in a civil action, in order to abate the violation or to seek such other relief as provided by law. In a proceeding for injunctive or other relief, the violator shall be responsible for all costs, damages, expenses and actual reasonable attorney fees incurred by the Township, and shall be subject to all other remedies provided to the Township by law.
Section 3404.2.9.6.1. Locations where Above-Ground Tanks are Prohibited. The storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited within certain areas of the Township, as designated by the fire code official, based on his/her consideration of the need to protect heavily populated or congested areas.
Section 3406.2.4.4. Locations where Above-Ground Tanks are Prohibited. The storage of Class I and II liquids in above-ground tanks is prohibited within certain areas of the Township, as determined by the fire code official, based on his/her consideration of the need to protect heavily populated or congested areas.
Section 3506.2. Limitations. The storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited within certain areas of the Township, as determined by the fire code official, based on his/her consideration of the need to protect heavily populated or congested areas.
Section 3804.2. Maximum Capacity Within Established Limits. The aggregate capacity of any one liquefied petroleum gas installation shall not exceed a water capacity of 2,000 gallons (7570L) within certain areas of the Township, as determined by the fire code official, based on his/her consideration of the need to protect heavily populated or congested areas.
Section 3. Enforcement. The Township hereby assumes the right and authority to administer and enforce this Ordinance and the International Fire Code, 2009 edition, in all manners authorized by law. The Township also preserves the right to provide by agreement or contract with any township, city, village or county for enforcement and administration of this Ordinance and the International Fire Code, 2009 edition, within the territorial limits of the Township.
Section 4. Repeals. All other ordinances, or parts thereof, which may be in conflict with this Ordinance, are hereby repealed to the extent of any such conflict.
Section 5. Severability. Each portion of this Ordinance shall be deemed to be severable. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be unconstitutional, invalid, or unenforceable, such holding shall not affect the validity or enforceability of this Ordinance as a whole, or of any other part hereof.
Section 6. Publication; Effective Date. A notice of adoption and a summary of the regulatory effect of this ordinance shall be published in a newspaper of general circulation in the Township, within 30 days of adoption. This ordinance shall become effective 30 days following such publication.
AYES : Rosser, Mackey, Kitler, Peterson
NAYS: None
ABSENT: L. Payne
ORDINANCE DECLARED ADOPTED.
__________________________________________
Delores Peterson
Township Clerk
STATE OF MICHIGAN )
) ss.
COUNTY OF WEXFORD )
I hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the Township Board of the Township of Clam Lake at a regular meeting held on the date first stated above, and I further certify that public notice of such meeting was given as provided by law.
__________________________________________
Delores Peterson
Township Clerk
COUNTY OF WEXFORD,
STATE OF MICHIGAN
At a regular meeting of the Township Board of the Township of Clam Lake, County of Wexford, Michigan, held at the Clam Lake Township Hall, 8809 East M-115, Cadillac, Michigan, on the 13th day of May, 2014, at 7:00 p.m. Local Time.
PRESENT: Members: D. Rosser, D. Mackey, S. Kitler, D. Peterson
ABSENT: Members: L. Payne
The following ordinance was offered by Member Mackey and seconded by Member Kitler.
ordinance NO. 46 (2014)
AN ORDINANCE TO ADOPT THE 2009 EDITION OF THE INTERNATIONAL FIRE CODE, REGULATING AND GOVERNING THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE TOWNSHIP OF Clam lake; PROVIDING FOR THE ISSUANCE AND COLLECTION OF FEES THEREFORE; and REPEALING ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH
THE TOWNSHIP OF CLAM LAKE ORDAINS:
Section 1. Adoption of the 2009 Edition of the International Fire Code.The International Fire Code, 2009 edition, including Appendix Chapters A through J (see International Fire Code Section 101.2.1, 2009 edition), as published by the International Code Council, is hereby adopted as the Fire Code of the Township of Clam Lake. All of the regulations, provisions, penalties, conditions and terms of said Fire Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this Ordinance, with the additions, insertions, deletions and changes, as prescribed in Section 2 of this Ordinance.
Section 2. Revisions to Code. The following sections of the Code are hereby revised:
Section 101.1. Title. These regulations shall be known as the Fire Code of the Township of Clam Lake, hereafter referred to as “this Code.”
Section 109.3. Violation Penalties.
(a) A violation of this Code shall be a municipal civil infraction, punishable by a fine of $100.00. Each day the violation occurs shall constitute a separate offense.
(b) The issuance of a municipal civil infraction citation and the imposition of fines against the violator shall not prohibit the Township from also seeking injunctive or other relief against the violator in a civil action, in order to abate the violation or to seek such other relief as provided by law. In a proceeding for injunctive or other relief, the violator shall be responsible for all costs, damages, expenses and actual reasonable attorney fees incurred by the Township, and shall be subject to all other remedies provided to the Township by law.
Section 111.4. Failure to Comply.
(a) Any person who shall continue any work after having been served with a Stop Work Order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be responsible for a municipal civil infraction, punishable by a fine of $500.00. Each day the violation of the Stop Work Order occurs shall constitute a separate offense.
(b) The issuance of a municipal civil infraction citation and the imposition of fines against the violator shall not prohibit the Township from also seeking injunctive or other relief against the violator in a civil action, in order to abate the violation or to seek such other relief as provided by law. In a proceeding for injunctive or other relief, the violator shall be responsible for all costs, damages, expenses and actual reasonable attorney fees incurred by the Township, and shall be subject to all other remedies provided to the Township by law.
Section 3404.2.9.6.1. Locations where Above-Ground Tanks are Prohibited. The storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited within certain areas of the Township, as designated by the fire code official, based on his/her consideration of the need to protect heavily populated or congested areas.
Section 3406.2.4.4. Locations where Above-Ground Tanks are Prohibited. The storage of Class I and II liquids in above-ground tanks is prohibited within certain areas of the Township, as determined by the fire code official, based on his/her consideration of the need to protect heavily populated or congested areas.
Section 3506.2. Limitations. The storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited within certain areas of the Township, as determined by the fire code official, based on his/her consideration of the need to protect heavily populated or congested areas.
Section 3804.2. Maximum Capacity Within Established Limits. The aggregate capacity of any one liquefied petroleum gas installation shall not exceed a water capacity of 2,000 gallons (7570L) within certain areas of the Township, as determined by the fire code official, based on his/her consideration of the need to protect heavily populated or congested areas.
Section 3. Enforcement. The Township hereby assumes the right and authority to administer and enforce this Ordinance and the International Fire Code, 2009 edition, in all manners authorized by law. The Township also preserves the right to provide by agreement or contract with any township, city, village or county for enforcement and administration of this Ordinance and the International Fire Code, 2009 edition, within the territorial limits of the Township.
Section 4. Repeals. All other ordinances, or parts thereof, which may be in conflict with this Ordinance, are hereby repealed to the extent of any such conflict.
Section 5. Severability. Each portion of this Ordinance shall be deemed to be severable. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be unconstitutional, invalid, or unenforceable, such holding shall not affect the validity or enforceability of this Ordinance as a whole, or of any other part hereof.
Section 6. Publication; Effective Date. A notice of adoption and a summary of the regulatory effect of this ordinance shall be published in a newspaper of general circulation in the Township, within 30 days of adoption. This ordinance shall become effective 30 days following such publication.
AYES : Rosser, Mackey, Kitler, Peterson
NAYS: None
ABSENT: L. Payne
ORDINANCE DECLARED ADOPTED.
__________________________________________
Delores Peterson
Township Clerk
STATE OF MICHIGAN )
) ss.
COUNTY OF WEXFORD )
I hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the Township Board of the Township of Clam Lake at a regular meeting held on the date first stated above, and I further certify that public notice of such meeting was given as provided by law.
__________________________________________
Delores Peterson
Township Clerk