City of Red Wing Ordinance No. 24

Ordinance No. 24, Fourth Series

AN ORDINANCE AMENDING CHAPTER TEN OF THE CITY CODE BY REVISING THE ADOPTION OF APPENDIX H OF THE MINNESOTA STATE FIRE CODE REGARDING BARBECUE GRILLS ON BALCONIES OR PATIOS TO ALLOW THE CITY COUNCIL TO REVIEW AND GRANT VARIANCE REQUESTS.

THE CITY COUNCIL OF THE CITY OF RED WING ORDAINS AS FOLLOWS:

SECTION 1. Chapter 10 of the City Code of the City of Red Wing is hereby amended by deleting the overstruck language and inserting the underlined language as shown below:

SECTION 10.19. MINNESOTA STATE FIRE CODE.

Subd. 1. Adoption. The Minnesota State Fire Code, as it may be amended from time to time, is hereby adopted as though set forth verbatim herein. This shall also include appendices B, C, H, and I. One copy of said Code shall be marked CITY OF RED WING – OFFICIAL COPY and kept on file in the office of the Fire Chief and open to inspection and use by the public.

A. Appendix H of the Minnesota State Fire Code, regarding Fires or Barbecues on Balconies or Patios, is hereby adopted as though set forth verbatim herein, subject to the following exception:

1. Individuals who live in buildings that were constructed prior to January 1, 2012, may apply to the City Council for a variance from the requirements of Appendix H if their building is constructed of non-combustible materials, has non-combustible patios and/or balconies, is protected throughout with a compliant fire suppression system, and approved storage areas are provided. The City Council may only approve such a variance when it is determined that an undue hardship exists. An “undue hardship,” for purposes of this section, is defined as excessive cost or other unwarranted hardship that would be necessary to strictly comply with Appendix H where the individual will still substantially be in compliance with the Fire Code, and the safety of the public and occupants of the building will not be jeopardized.

2. If an undue hardship has been proven and the variance request has been approved, listed portable gas-fired barbecue grills that are permanently mounted and maintain a minimum clearance of eighteen (18) inches on all sides (unless listed for lesser clearances) may be installed on balconies and patios. Such barbecue grills shall be equipped with fuel cylinders not to exceed 4.5 lbs/1 gallon total capacity (3.6 lbs fuel). One additional cylinder (4.5 lbs/1 gallon total capacity) shall be permitted in an approved storage area.

SECTION 2: Effective Date. This ordinance shall be in full force and effect after its adoption and publication in accordance with the City Charter.

Introduced the 28th day of November, 2011.

Adopted this 12th day of December, 2011.

s Ralph Rauterkus

Ralph Rauterkus, Council President

ATTEST:

_s Kathy Seymour Johnson___________

Kathy Seymour Johnson, MCMC, City Clerk

(Seal)

Presented to the Mayor at _9:48 p.m. on this _12th_ day of _December___, 2011.

Approved this _12th____ day of _December_, 2011.

s Dennis Egan___________________

Dennis Egan, Honorable Mayor

RPM 15847

12/17

Tags: public notices, meetings