VILLAGE OF NASHVILLE
BARRY COUNTY, MICHIGAN
Council Member Coll, supported by Council Member Kenyon, moved the adoption of the following ordinance:
FIRE SAFETY ORDINANCE
THE VILLAGE OF NASHVILLE
ordinance shall be known and cited as the “Fire Safety Ordinance.”
SECTION 2 PURPOSE AND SCOPE.
purpose of this ordinance is to set minimum conditions and standards for fire safety for dwellings. For
purposes of this ordinance, a dwelling includes a rental unit but does not include any dwelling or residence subject to the
Fire Prevention Code, MCL 29.1, et seq., and its administrative rules.
GENERAL FIRE SAFETY REQUIREMENTS .
The owner of a dwelling shall provide and maintain fire safety facilities
and equipment in compliance with the requirements of this ordinance. A person shall not occupy or permit another person
to occupy a dwelling that does not comply with the requirements of this ordinance.
the purposes of this ordinance, the following words and phrases shall have the following meanings:
Approved smoke detectors.
All devices or systems which comply with the specifications of the Underwriters Laboratories, Inc., or any other nationally
recognized laboratory standards and bear a label indicating that the detector has been so listed and approved.
Dwelling. The term "dwelling" shall have the same meaning as used in the
Zoning Ordinance of the Village of Nashville.
defect or other problem with a smoke detector or smoke detection system; except, that such term shall not include dead, weak
or defective batteries.
Owner. The person, corporation or legal entity holding title
to a dwelling, and any agent or representative of an owner exercising control over the premises on the owner’s behalf.
Rental unit. Any residential apartment, flat, motel room, hotel room, boarding room
or boardinghouse for which consideration is paid by one person to another for use or occupancy thereof.
station alarm device. Any assembly incorporating the approved smoke detector, control equipment and the signaling device
in one unit, operating from a power supply either in the unit or obtained at the point of installation.
detection system. One or more smoke detectors in any system composed of self-supervised smoke detection
and signaling devices operating on an approved, permanently wired electric circuit, so arranged that the activation of any
one smoke detection device will activate all signaling devices throughout the building.
detector. An instrument which detects visible or invisible particles of combustion and activates a
SECTION 5 MEANS OF EGRESS FOR DWELLINGS.
A safe, continuous and unobstructed path of travel shall be provided from any point in a dwelling to
the public way.
width of aisles, in accordance with the International Fire Code, shall be unobstructed.
All means of egress doors shall be readily openable from the side from which egress is to be made without
the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the International
Emergency escape openings.
Required emergency escape and rescue openings
shall be operational from the inside of any such dwelling room without the use of keys or tools. Bars,
grilles, grates, or similar devices are permitted to be placed over emergency escape and rescue openings provided the
minimum net clear opening size complies with the International Building Code and such devices shall be releasable
or removable from the inside without the use of a key, tool, or force greater than that which is required for normal operation
of the escape and rescue opening. Where such bars, grilles, grates, or similar devices are installed in existing dwellings,
smoke detectors shall be installed in accordance with Section 7.
6 FIRE-RESISTANCE RATINGS.
rating of fire-resistance-rated walls, fire stops, shaft enclosures, partitions and floors, as required by the International
Fire Code, shall be maintained.
Opening protectives required by the International Fire Code shall be maintained in an operable condition.
All fire and smokestop doors shall he maintained in operable condition. Fire doors and smoke barrier doors shall not be blocked
or obstructed or otherwise made inoperable.
A. Installation and maintenance requirements.
All new and
existing dwellings shall have approved smoke detectors installed and maintained in accordance with the following requirements:
(1) A building
that serves as a dwelling for more than 20 individuals shall have a minimum of one single station smoke detector installed
in each guest room, suite, or sleeping area.
(2) Except as set forth in subsection (1) above, each building used for one
or more dwellings shall have at least one single station smoke detector for each level on which there are bedrooms. The smoke
detectors shall be in the immediate vicinity of the bedrooms. In addition, the owners of any new or converted dwellings shall
comply with the smoke detector requirements of the building and other codes adopted by the Village of Nashville.
installation and maintenance of all smoke detectors shall be in accordance with the manufacturer's recommendations and
with the requirements of the National Fire Protection Association's Pamphlet Number 74, as may be amended.
(4) The owner
of any existing rental unit(s) shall have until November 1, 2007 to comply with this section.
(5) An owner shall be deemed
to have complied with the maintenance requirement set forth in subsection (3) if he corrects any malfunctions of which he
has actual knowledge or which are reported by a tenant pursuant to section 11 and if such corrective action is taken as soon
as reasonable under the circumstances.
Single-station smoke alarms shall be battery operated or shall receive their primary power from the building wiring
provided that such wiring is served from a commercial source. When power is provided by the building wiring, the wiring
shall be permanent and without a disconnecting switch other than those required for overcurrent protection.
SECTION 8 ALTERNATE INSTALLATIONS.
The Fire Chief or his duly authorized representative may waive the requirements of sections 7 to 11 upon approval and
installation of an alternate form of smoke detector or system designed to adequately safeguard the safety of the occupants
of a particular dwelling. Any person requesting approval of an alternate form of smoke detector or system shall submit adequate
proof to the Fire Chief or his duly authorized representative showing that the alternate system adequately safeguards the
occupants of the dwelling.
SECTION 9 COMPLIANCE WITH PROVISIONS OF CODE CONCERNING
If any smoke detector device is directly connected to the electrical
system of a building, the person installing the device shall comply with the provisions of the Village of Nashville’s
ordinances dealing with electricity and shall obtain an electrical permit. A permit shall not be required for installation
of a battery-powered single station alarm device.
TAMPERING OR INTERFERING WITH A SMOKE DETECTOR.
shall tamper with or interfere with the operation or effectiveness of a smoke detector.
SECTION 11 NOTIFICATION CONCERNING MALFUNCTIONING OR INOPERABLE DETECTORS.
A tenant shall immediately notify the property owner or an agent thereof upon discovery of a malfunctioning or inoperable
smoke detector or smoke detection system.
SECTION 12 ENFORCEMENT.
The Fire Chief
and the Nashville Police Department are hereby designated as the enforcement agents for this ordinance.
SECTION 13 PENALTIES.
who shall violate or fail to comply with the provisions of section 7, 9 or 10 shall be deemed guilty of a misdemeanor, punishable
by a fine not to exceed five hundred dollars ($500.00) or imprisonment not to exceed ninety (90) days, or both. In addition,
the violation of such sections shall be deemed a nuisance per se, subject to abatement as provided by law.
SECTION 14 SEVERABILITY.
The provisions of this ordinance
are declared to be severable and if any clause, sentence, word, section or provision is declared void or unenforceable for
any reason by any court of competent jurisdiction, it shall not affect any portion of this ordinance other than the part or
SECTION 15 REPEAL
All other ordinances or parts of ordinances in conflict
with this ordinance are hereby repealed.
SECTION 16 EFFECTIVE DATE
This ordinance shall take effect 20 days following its publication as permitted by law.
Aye: Coll, J Dunham, Harwood, Holden, Kenyon, F Dunham
Absent: one open seat
No. 9-13-2007-B Adopted.