HomeMy WebLinkAboutCity Council Resolution 1991-096CITY OF PLYNDUTH
Pursuant to due call and notice thereof, a regular meeting of the
City Council of the City of Plymouth, Minnesota, was held on the
A= day of February,, 1991. The following members were present:
Mayor Berms, Councilmembers Helliwell, Ricker Vaailiou, and
Zitur. The following members were absent: None
Councilmember Zitur introduced the following resolution and moved
its adoption:
RESOLUTION NO. 91-96
ADOPTING POLICY FOR PROCESSING APPEALS
TO THE MINNESOTA UNIFORM FIRE CODE
BE IT RESOLVED by the City Council of the City of Plymouth that
the attached policy establishing a procedure for processing
appeals to the MUFC (Minnesota Uniform Fire Code) is hereby
adopted.
The motion for adoption of the foregoing resolution was duly
seconded by Councilmember Vasiliou, and upon vote being taken
thereon, the following voted in favor thereof: Mayor Berg,-.
ra Helliwell, Ricker, Vaailiou and Zitur. The
following voted against or abstained: None
Whereupon the resolution was declared duly passed and adopted.
POLICY ESTABLISHING A PROCEDURE FOR PROCESSING APPEALS
TO THE MUFC (MINNESOTA UNIFORM FIRE CODE)
Resolution No. 91- 96
February 4, 1991 (Supersedes Resolution No. 90-114 adopted February 8,
1990, Resolution 89-66 adopted January 23, 1989 and
Resolution 89-669 adopted December 5, 1983)
I. General
The purpose of this policy is to establish an orderly procedure for handling
appeals to the Uniform Fire Code before the City Council. The City Code
Section 905.15 establishes the City Council as the Board of Appeals in order to
determine the suitability of alternate materials and type of construction, and
to provide reasonable interpretations of the provisions of the fire code. The
following procedures will be observed in all appeals pertaining to the
Minnesota Uniform Fire Code (MUFC).
II. Procedures
1. A written coon notice of the fire code violations, deficiency with time
periods to correct the violations and a copy of the appeals procedure will
be given to either the owner or occuDan va of the building in
question at the time of the inspection. The owner or occupant must notify
the Plymouth Fire Depart_menr in writing within 30 days of the inspection
date to initiate the appeal process_
2. When the owner or occupant initiates the appeal process a come *:n•+'s
order letter
that cites the specific sections of the code will be mailed
to the appellant.
3. If the owner or occupant continues to object to the
correction orders, they must respond in writing to the
Plymouth Fire Department within 14 days of receipt of the correction's
letter. A meeting will
be held with the appellant, Fire Chief or his designee, and Public Safety
A
Director to determine whether a solution that is consistent with the
provisions of the fire code can be achieved. achieve a ressattabie selation.
code, then the entire finding vii! be refereed to the eity .
4. If no solution is reached. , the owner and
occupant appeHan t will be advised in writing that they have was 14 days
from the date of the letter to make a written request to the City Manager to
set an appeal hearing date. If no request is made, and if the appropriate
correction work has not been accomplished. the Public Safety Director will
advise the City Attorney so that appropriate enforcement action can be
undertaken.
S. If the City Manager is contacted within the 14 day period. established t±me
izmits, the appellant will be notified of the date and time for the hearing
before the Board of Appeals.
6. The Board of Appeals will shah render all of decisions in writing to
the Public Safety Director and to the appellant.
7. The appellant may appeal a Board finding to the State Fire Marshal if --n
aDDeal is authorized pursuant to the rules governing the office of the State
Ullfa±Liy or . Any such appeal *ppeaia must be made within 14
days of the decision of the Board of Appeals.
8. Once the appeal process or time limits have been exhausted and if the
original deficiency has not been modified or set aside, the Public Safety
Director will advise the City Attorney so that appropriate enforcement
action can be undertaken.
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