There is hereby created and established in accordance with the provisions of Act 33 of the Public Acts of 1951 (MCL 41.801 et seq.), as amended, a fire department consisting of a chief and such other members of the fire department as may from time to time be provided for as set forth in this article.

(Ord. No. 54, § 1, 1-20-65; Ord. No. C-457, § 1, 5-1-95)

(a)

The township supervisor shall exercise general supervision and control over the fire department.

(b)

The supervisor shall exercise and assume the following powers and responsibilities.

(1)

The supervisor shall assume and exercise the general supervision over the fire department and make all proper rules and regulations for the government and discipline of the department subject to the approval of the township board.

(2)

The supervisor shall have custody and control of all property, books, records and equipment belonging to or pertaining to the operation of the fire department.

(3)

The supervisor shall have general control over fire protection and shall exercise this control through the fire chief who shall be responsible for the direction of all actual firefighting and fire protection work.

(4)

Subject to the approval of the township board the supervisor may change titles and create such offices and positions within the fire department as the needs of the department shall require but this authority shall not extend to the office of the fire chief.

(5)

The supervisor shall provide through the township clerk, subject to such regulations as the township board may impose, for the purchase of all materials and supplies, tools, implements and apparatus which are necessary for the proper functioning of the fire department.

(6)

The supervisor shall have such other powers and authority as are reasonably necessary to the proper discharge of his duties.

(7)

The supervisor shall have the authority to establish the initial qualifications for employment with the fire department.

(c)

At such times as the township board may require, the supervisor shall render to the board a complete report of the operations of the fire department. Such report shall include the numbers and types of fires and similar data which will enable the township board to judge the level of performance of the fire department within the township. Annually, in the month of March, the supervisor shall present to the township board the supervisor's estimate of funds necessary for the proper operation of the fire department for the coming fiscal year.

(Ord. No. 54, § 2, 1-20-65; Ord. No. 54-A, 12-7-70; Ord. No. 54-G, 10-18-76; Ord. No. C-457, § 1, 5-1-95)

(a)

The direction of the fire department shall be under the control of the fire chief. Vacancies in the office of fire chief shall be filled by the township board with the advise and recommendation of the personnel committee of the township board.

(b)

The fire chief shall be responsible for all property, books and records and equipment belonging to or pertaining to the operation of the fire department with the exception of such records normally kept by the township clerk or township treasurer.

(c)

The fire chief shall provide through the township clerk, subject to such regulations as the supervisor, with the approval of the township board, may impose for the purchase of all materials and supplies, tools, implements and apparatus which are necessary to the proper functioning of the fire department.

(d)

At such times as the supervisor or the township board may require, the fire chief shall render a complete report of the operations of the fire department, the makeup of such report to be prescribed by the supervisor. Such report shall contain sufficient information in order to enable the supervisor and the township board to judge the level of performance of the fire department.

(Ord. No. 54, § 3, 1-20-65; Ord. No. 54-C, 1-3-72; Ord. No. C-457, § 1, 5-1-95)

Editor's note— Ord. No. C-692-B, § 1, adopted June 15, 2009, repealed § 11-19, which pertained to the "Firefighting division—Regular firefighters" and derived from Ord. No. 54, §§ 4.1—4.3, 4.5—4.10, adopted Jan. 20, 1965; Ord. No. 54-B, adopted Nov. 1, 1971; Ord. No. 54-C, adopted Jan. 3, 1972; Ord. No. 54-D, adopted June 18, 1973; Ord. No. 54-E, adopted May 5, 1975; Ord. No. 54-F, adopted Apr. 19, 1976; Ord. No. 54-G, adopted Oct. 18, 1976; Ord. No. 54-H, adopted June 6, 1977; Ord. No. 54-I, adopted May 5, 1980; Ord. No. 54-J, adopted Sept. 2, 1980; Ord. No. 54-K, adopted Apr. 20, 1981; Ord. No. C-457, § 1, adopted May 1, 1995; Ord. No. C-457-A, §§ 1(A)—(C), adopted June 26, 2000; Ord. No. C-457-B, § 1, adopted May 5, 2003; and Ord. No. C-692, § 3, adopted Feb. 23, 2006.

Editor's note— Ord. No. C-457-A, § 1(D), adopted June 26, 2000, removed § 11-20, which pertained to volunteer firefighters, and which derived from Ord. No. 54, adopted Jan. 20, 1965; Ord. No. 54-H, adopted June 6, 1977; Ord. No. 54-K, adopted April 20, 1981; and Ord. No. C-457, adopted May 1, 1995.

(a)

Established; staff. The fire chief shall establish a fire prevention division within the fire department, which division shall be staffed in a manner to be approved by the township board with the recommendation of the township supervisor.

(b)

Property inspection program. There shall be inaugurated within the fire prevention division of the fire department an adequate and continuing property inspection program designed to prevent and to eliminate causes or potential causes of fires within the township. The supervisor shall establish rules covering the conduct of such inspection program and the fire chief shall be responsible for the efficient administration of the inspection program and such other fire prevention programs which may be adopted by the supervisor.

(c)

Record keeping. Permanent records of all inspections including fire hazards discovered and recommendations made to owners of property shall be maintained by the fire chief.

(d)

Annual report. At least annually the fire chief shall submit a report covering the activities of the fire prevention division during the period covered by the report and shall include in such report his recommendations with respect to the enactment, repeal or amendment of ordinances, the purpose of which is the prevention of fire in the township.

(Ord. No. 54, § 5, 1-20-65; Ord. No. 54-C, 1-3-72; Ord. No. 54-K, 4-20-81; Ord. No. C-457, § 1, 5-1-95)

(a)

Responsibility of chief. Discipline in the fire department shall be the responsibility of the fire chief. Discipline shall be governed by the terms of the applicable collective bargaining agreement.

(b)

Right to appeal. Discipline by the fire chief may be appealed to the township supervisor.

(c)

Appeal board. The township board shall appoint an appeal board to hear all proper appeals by a member of the fire department from action of the fire chief or the supervisor, including disciplinary action. The time and manner of taking such appeal shall be determined by the appeal board.

(d)

Removal; suspension. No member of the fire department shall be removed except upon written charges against him and after opportunity to be heard in his own defense. The fire chief may suspend the member of the fire department against whom charges have been made pending a hearing before the supervisor. If the firefighter disagrees with the supervisor, he may request a hearing before the appeal board. All hearings upon such charges shall be had promptly by the appeal board, and any firefighter shall be entitled to counsel. The appeal board, if it feels the charges are sustained, may order the removal of accused from the fire department or may impose such other penalty as the appeal board may deem appropriate. The township board may designate its personnel committee to act as the appeal board.

(Ord. No. 54, § 6, 1-20-65; Ord. No. 54-C, 1-3-72; Ord. No. C-457, § 1, 5-1-95; Ord. No. C-457-A, § 1(E), 6-26-2000)

(a)

The International Fire Code, 2024 edition, as published by the International Code Council including Appendix Chapters B, C, D, E, F, G, H, I, J, K, L, and M, is hereby adopted and incorporated by reference and made a part of this chapter as if fully set forth in this article with the insertions and amendments incorporated into this article. The adoption by reference of the International Fire Code, 2024 Edition, does not include any provision that is inconsistent with the State of Michigan Fire Prevention Code Act, Public Act 207 of 1941, as amended, found at MCL 29.1 et seq., or any rule promulgated under Act 207; and any inconsistent provisions shall not be enforced. The International Fire Code, 2024 Edition is available for inspection at the Office of the Township Clerk.

(b)

The Chief of the Charter Township of West Bloomfield Fire Department, or designee, shall be designated the "fire code official" as used in the International Fire Code.

(Ord. No. 102, §§ 1, 2, 5-21-79; Ord. No. 102-C, § 1, 1-6-86; Ord. No. 169, § 1, 1-16-89; Ord. No. C-169-A, § 1, 12-12-94; Ord. No. C-565, § 1, 6-7-99; Ord. No. C-645, § 2, 4-14-03; Ord. No. C-645-A, 11-7-05; Ord. No. C-645-C, § 1, 2-6-17; Ord. No. C-645-D, § 1, 5-12-25)

Editor's note— Ord. No. C-645-D, § 1, adopted May 12, 2025, amended § 11-36 and in doing so changed the title of said section from "International Fire Code, 2015 edition" to "International Fire Code, 2024 edition," as set out herein.

Cross reference— Provisions regulating open burning designated as supplemental to fire prevention code, §§ 11-76—11-80.

State Law reference— Authority to adopt technical codes of reference, MCL 42.23.

The following sections of the International Fire Code, 2024 Edition, are amended, as completed, supplemented, or added as follows:

Sec. 101.1. Title. Completed by inserting the Charter Township of West Bloomfield (Township) as the name of the jurisdiction.

Sec. 105.1.1. Permits Required. Amended to add the following sentence:

Permit fees are established, and from time-to-time amended, by resolution of the Township Board of Trustees.

Sec. 112.1. Board of Appeals. Amended to read:

The Construction Board of Appeals established and maintained pursuant to the Stille-DeRossett-Hale Single State Construction Code Act, Public Act No. 230 of 1972, as amended, and found at MCL 125.1501 et seq., administered and enforced under Article I of Chapter 8 of the West Bloomfield Charter Township Code, shall serve as the Board of Appeals for purposes of this Code. The Board of Appeals shall render all decisions and findings in writing with a duplicate copy to the Fire Code Official.

Sec. 112.5. Appeal of Decision of Board of Appeals. Amended to add a subsection which reads:

A decision of the Board of Appeals may be appealed to the Oakland County Circuit Court pursuant to MCR 7.123, within twenty-one (21) days after the date of the written decision of the Board of Appeals. The scope of review on appeal is limited to whether the decision was authorized by law, and the findings were supported by competent, material, and substantial evidence on the whole record.

Sec. 113.4. Violation Penalties. Amended to read:

A person who violates or fails to comply with any of the provisions of this Article shall be responsible for a municipal civil infraction as authorized by the Revised Judicature Act, MCL 600.8701, et seq.; and Section 1-10 of the Code of Ordinances. The penalty for a first violation of this Article shall be a fine in the amount of one hundred fifty dollars ($150.00). The penalty for a second violation and each subsequent violation within any two-year period shall be a fine in the amount of three hundred dollars ($300.00). The respondent shall also be responsible for the costs, damages, and expenses of prosecution and collection as provided in Section 1-10 of the general penalty provisions of the Code of Ordinances.

The imposition of one or more penalties for a violation of the Code does not excuse the violation or permit it to continue; all persons responsible for compliance with the Code shall be required to correct or remedy the violation or defect within the time specified by the fire code official.

Sec. 114.4. Failure to Comply. Amended to read:

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 subject to the penalties set forth in Section 113.4.

Sec. 307. Open Burning and Recreational Fires. Amended to read:

Open burning is regulated by the Charter Township of West Bloomfield Open Burning Ordinance, codified in Chapter 11, Article V, of the West Bloomfield Charter Township Code.

Sec. 505.1 Property Identification. Amended to read:

Property Identification is regulated by the Charter Township of West Bloomfield Property Identification Ordinance, codified in Chapter 8, Article X, of the West Bloomfield Charter Township Code.

Sec. 5002.1. Definitions. Amended to add definitions for emergency response, expense of an emergency response and responsible party to read:

Emergency response. The dispatch, provision and/or utilization of police, fire, emergency medical, rescue services and/or other services by the township at an incident involving the release, leakage, spillage, exposure, use, handling, storage, transportation, processing, disposal and/or unauthorized discharge of hazardous materials.

Expense of an emergency response. The direct and reasonable costs incurred by the township when making an emergency response, including, without limitation, the costs of providing police, fire department, emergency medical, rescue, clean-up, restoration or other services at the scene of the emergency response. These costs further include, without limitation, all of the salaries and wages of the township personnel responding to the incident, all salaries and wages of township personnel engaged in investigation, supervision and report preparation, and all costs for materials and equipment utilized, and any other expenses incurred by the township in cleaning up, inspecting, testing and restoring the site of an emergency response.

Responsible party. An individual, corporation, partnership, association or other legal entity, or any combination thereof, who owns, possesses or controls a hazardous material involved in an unauthorized discharge, or whose transportation, storage, handling, sale, use or processing of a hazardous material causes or results in an unauthorized discharge.

Section 5003.3.1.4. Responsibility for cleanup. Amended to add:

The person, firm or corporation responsible for an unauthorized discharge shall institute and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, at no cost to the Township. When deemed necessary by the fire code official, cleanup may be initiated by the fire department or by an authorized individual or firm. The liability for and recovery of costs of the cleanup shall be governed by the Michigan Natural Resources and Environmental Protection Act, MCL 324.20101 et seq., or any other that law preempts the cost recovery provisions of this chapter, and the Township may pursue collection of such costs of the cleanup in a civil action, pursuant to all applicable laws.

Sec. 907.1.4. Class A circuits required. Amended to add:

Fire alarm systems, including the initiating devices, notification appliances and signaling line circuits shall be wired in a "Class A", four (4) wire method in accordance with NFPA 72, and subject to the additional requirement that the outgoing and return conductors for the control unit be separated at all points by at least four (4) feet where installed horizontally and at least one (1) foot where installed vertically.

Section 5504.3.1.1.3. Location. Supplemental amendment to require:

In addition to not exceeding the limits established by current National Fire Protection Association (NFPA) code requirements, the storage of flammable cryogenic fluids in stationary containers is prohibited except: (1) as disclosed and permitted by an approved site plan in connection with a permitted use of property under the Township Zoning Ordinance or (2) if determined by the Fire Code Official to be allowed by the State of Michigan Fire Prevention Code, Public Act 207 of 1941, as amended, or rules promulgated under that Act, and in compliance with all other applicable governmental regulations.

Section 5601.1.3. Fireworks. Amended to add exception 5 to read as follows:

5.

Activities pursuant to and in compliance with a permit obtained as provided in Section 11-38 of the West Bloomfield Charter Township Code and the State law referenced in that Section.

Section 5704.2.9.6.1. Locations where above-ground tanks are prohibited. Supplemental amendment to require:

The storage of Class I and Class II liquids in above-ground tanks outside of buildings is prohibited except: (1) as disclosed and permitted by an approved site plan in connection with a permitted use of property under the Township Zoning Ordinance or (2) if determined by the fire code official to be allowed by the State of Michigan Fire Prevention Code, Public Act 207 of 1941, as amended, or rules promulgated under that Act, and in compliance with all other applicable governmental regulations.

Section 6104.2. Maximum capacity within established limits. Supplemental amendment to require:

For the protection of heavily populated or congested areas, the capacity limitations in this Section for storage of liquefied petroleum gas shall apply within any protection area established by current National Fire Protection Association (NFPA) code requirements and to all properties except as disclosed and permitted by an approved site plan for a permitted use under the Township Zoning Ordinance.

(Ord. No. 102, § 3, 5-21-79; Ord. No. 102-A, 4-21-80; Ord. No. 102-B, 12-20-82; Ord. No. 102-C, § 2, 1-6-86; Ord. No. C-250, § 1, 12-18-89; Ord. No. C-169-A, § 1, 12-12-94; Ord. No. C-565, § 1, 6-7-99; Ord. No. C-645, § 2, 4-14-03; Ord. No. C-645-A, § 1, 11-7-05; Ord. No. C-645-B, § 1, 10-5-09; Ord. No. C-645-C, § 2, 2-6-17; C-841, § 3, 2-24-25; Ord. No. C-645-D, § 2, 5-12-25)

(a)

Definitions and adoption by reference. As used in this section, the following words and phrases have the meanings indicated:

(1)

Act means the Michigan Fireworks Safety Act, Public Act No. 256 of 2011, MCL 28.451 to 28.471, as amended, which is hereby adopted by reference as a part of this Code section 11-38.

(2)

Articles pyrotechnic as defined in the Act, means pyrotechnic devices for professional use that are similar to consumer fireworks in chemical composition and construction.

(3)

Consumer fireworks as defined in the Act, means fireworks devices that are designed to produce visible effects by combustion, that are required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Product Safety Commission and that are in compliance with the construction, chemical composition, labeling, and other requirements in the Act. Novelties and low-impact fireworks as defined in the Act are not consumer fireworks.

(4)

Display fireworks as defined in the Act, means large fireworks devices that are explosive materials intended for use in fireworks displays and designed to produce visible or audible effects by combustion, deflagration, or detonation.

(5)

Fireworks as defined in the Act, means any composition or device, except for a starting pistol, a flare gun, or a flare designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation and consisting of consumer fireworks, low-impact fireworks, articles pyrotechnic, display fireworks, and special effects.

(6)

Low-impact fireworks as defined in the Act, means ground and handheld sparkling devices.

(7)

Minor is an individual who is less than eighteen (18) years of age.

(8)

National holiday under the Act, means New Year's Day (January 1), Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (first Monday in September).

(9)

Novelties as defined in the Act, means all of the following:

a.

Toy plastic or paper caps for toy pistols in sheets, strips, roll, or individual caps containing not more than .25 of a grain of explosive content per cap, in packages labeled to indicate the maximum explosive content per cap.

b.

Toy pistols, toy canons, toy canes, toy trick noisemakers, and toy guns in which toy caps as described in paragraph 9(a) are used, that are constructed so that the hand cannot come in contact with the cap when in place for the explosion, and that are not designed to break apart or be separated so as to form a missile by the explosion.

c.

Flitter sparklers in paper tubes not exceeding one-eighth inch in diameter.

d.

Toy snakes not containing mercury, if packed in cardboard boxes with not more than twelve (12) pieces per box for retail sale and if the manufacturer's name and the quantity contained in each box are printed on the box; and toy smoke devices.

(10)

Special effects as defined in the Act, means a combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production or live entertainment.

(b)

Prohibited ignition, discharge, and use. Except in the following situations, fireworks shall not be ignited, discharged or used in the township:

(1)

In compliance with a permit granted by the township board as provided in Section 16 of the Act.

(2)

Consumer fireworks may be ignited, discharged or used in the township on the following days after 11 a.m.:

a.

December 31 until 1 a.m. on January 1;

b.

The Saturday and Sunday immediately preceding Memorial Day until 11:45 p.m. on each of those days;

c.

June 29 to July 4 until 11:45 p.m. on each of those days;

d.

July 5, if that date is a Friday or Saturday, until 11:45 p.m.;

e.

The Saturday and Sunday immediately preceding Labor Day until 11:45 p.m. on each of those days.

(3)

Low-impact fireworks by a person that is not under the influence of alcoholic liquor or a controlled substance.

(c)

Consumer fireworks prohibitions.

(1)

Consumer fireworks shall not be ignited, discharged, or used on public, school, church, or private property of another person without the express written permission from the person or entity legally in possession and control of that property.

(2)

Consumer fireworks shall not be ignited, discharged or used by a person under the influence of alcoholic liquor or a controlled substance.

(3)

A minor shall not possess, use, discharge or ignite any consumer fireworks at any time.

(4)

Notwithstanding the Act, no person shall use, discharge or ignite consumer fireworks thereby creating or causing an imminent danger or threat to public health, safety, or welfare, and in such case, the fireworks being used, ignited or discharged may be immediately seized.

(5)

Subject to section 5a—c, if the state fire marshal or the commanding officer of the fire department of the township, or a fire fighter in uniform acting under the orders and directions of the commanding officer determines a dangerous condition exists, the state fire marshal, the commanding officer of the fire department of the township or the fire fighter in uniform acting under the orders and direction of the commanding officer upon finding an emergency condition dangerous to persons or property, may take all necessary steps and prescribe all necessary restrictions and requirements to protect persons and property until the dangerous condition is abated, and may restrict the ignition, discharge and use of fireworks pursuant to state law and this ordinance as follows:

a.

If the environmental concerns based on the department of natural resources fire division criteria are elevated to extreme fire conditions or if the environmental concerns based on the department of natural resources fire division criteria are elevated to very high for seventy-two (72) consecutive hours, the commanding officer of the fire department of the township, in consultation with the department of natural resources, has the authority to enforce a no burning restriction that includes a ban on the ignition, discharge, and use of consumer fireworks within the township. If a no burning restriction is instituted under this subsection, the commanding officer of the fire department enforcing the restriction shall ensure that adequate notice of the restriction is provided to the public.

b.

The governor, department of natural resources, or state fire marshal may enforce a statewide no burning restriction, including a ban on the ignition, discharge, and use of fireworks as provided under subsection (5) above.

c.

Not more than twenty-four (24) hours after the fire condition is downgraded from extreme or very high fire condition, the commanding officer of the fire department of the township that enforced a no burning restriction under subsection (5) that included a ban on the ignition, discharge, and use of consumer fireworks shall lift the restriction and inform the public that the restriction has been lifted in the same manner that the restriction was announced or made known to the public.

d.

Reserved.

e.

Novelties; inapplicability of ordinance. This section does not apply to novelties. Nothing in this section regulates, the sale, storage, display for sale, transportation, use, or distribution of novelties.

f.

Compliance with zoning ordinance. Any person selling, distributing or storing fireworks in compliance with the Act, is also required to comply with the applicable zoning ordinances of the township, including obtaining necessary approvals thereunder. Failure to obtain necessary zoning approvals is subject to penalty as provided in the zoning ordinance.

g.

Seizure. All consumer fireworks possessed, used, discharged, and/or ignited in violation of the Act and/or this section, are subject to seizure. Any costs incurred by the township to seize and store the fireworks shall be paid by the responsible party.

h.

Penalty. A violation of any provision of this section is a municipal civil infraction, punishable by a civil fine of not more than one thousand dollars ($1,000.00), for each violation of the ordinance and no other fine or sanction. Upon a respondent either pleading responsible or being found responsible for a violation of this ordinance, five hundred dollars ($500.00) of the above fine collected under this ordinance shall be remitted to the local law enforcement agency responsible for enforcing the ordinance.

(Ord. No. 63A, § 42, 6-3-74; Ord. No. 63A-H, 8-6-79; Ord. No. C-761, § 1, 5-23-12; Ord. No. C-778, § 1, 8-22-13; Ord. No. C-778-A, § 2, 12-7-15; Ord. No. C-778-B, § 1, 4-15-19)

Cross reference— Offenses against public safety, § 15-161 et seq.

(a)

Use prohibited. The use of any unmanned free-floating device which requires a heat source such as fire underneath to propel it, including, but not limited to: aerial luminaries, sky lanterns, aerial candles, Chinese lanterns, fire balloons, UFO balloons, mini-hot air balloons, khoom fay, wish lanterns, kongming lanterns and other airborne paper lanterns not only have an uncontrolled and unpredictable flight path and descent area, they pose a potential fire risk and are therefore, prohibited within the township.

(b)

Sales prohibited. Sales of aerial luminaries, sky lanterns, aerial candles, Chinese lanterns, fire balloons, UFO balloons, mini-hot air balloons, khoom fay, wish lanterns, kongming lanterns, airborne paper lanterns and other unmanned free-floating devices which require a heat source such as fire underneath for propulsion, are prohibited.

(c)

Seizure. Any device used or offered for sale in violation of this section is subject to seizure. Any costs of seizure and storage incurred by the township shall be paid by the responsible party.

(d)

Penalty. A person who violates or fails to comply with any of the provisions of this section shall be responsible for a municipal civil infraction as authorized by the Revised Judicature Act, MCL 600.8701, et seq.; and section 1-10 of the Code of Ordinances. The penalty for a first violation of this Article shall be a fine in the amount of one hundred fifty dollars ($150.00). The penalty for a second violation and each subsequent violation within any two-year period shall be a fine in the amount of three hundred dollars ($300.00). The respondent shall also be responsible for the costs, damages, and expenses of prosecution and collection as provided in section 1-10 of the general penalty provisions of the Code of Ordinances.

(Ord. No. C-778-A, § 1, 12-7-15; Ord. No. C-645-D, § 3, 5-12-25)

Editor's note— Ord. No. C-645-D, § 4, adopted May 12, 2025, repealed § 11-40, which pertained to NFPA 96, standard for ventilation control and fire protection of commercial cooking operations adopted and derived from Ord. No. C-808, § 1, adopted July 23, 2018.

The Charter Township of West Bloomfield has found that outdoor and open burning on property within the township without appropriate regulation can result in detrimental environmental effects, health risks, and unintended fire hazards. Therefore, this article is intended to regulate outdoor and open burning within the township to promote public health, safety and welfare, limit air pollution, and minimize the risk of fire hazards due to outdoor and open burning.

(Ord. No. C-799, §§ 1, 2, 9-11-23)

Bonfire means a large outdoor controlled fire for ceremonial, entertainment, social, or celebration purposes, typically as a special event for a crowd of people.

Clean wood means natural wood which has not been painted, varnished or coated with a similar material, has not been pressure treated with a preservative, does not contain any resin or glue, and does not include a plywood or other composite wood product. Clean wood includes dry firewood prepared from the trunk or branch of a tree.

Construction and demolition waste means building waste materials, including, but not limited to, shingles, insulation, treated wood, painted wood, wiring, plastics, packaging, rubble or other material that results from construction, remodeling, repair, or demolition of any building or structure.

Fire chief means the Chief of the West Bloomfield Fire Department or other person designated by the chief.

Fire code official means the fire chief or designee.

Extinguished means that the fire is no longer capable of self re-ignition.

Fire extinguisher means a minimum five (5) pound Type ABC fire extinguisher.

Fire pit means: 1) an area on or dug into the ground on property which shall be lined with stone, brick, a metal fire pit ring, or similar non-combustible material that is designed to keep a fire contained to a specific area, is designed to prevent it from spreading, and is designed to be readily identified as a fire pit area; or 2) an open or enclosed portable fuel burning device used out-of-doors for recreational fire and/or heat purposes using clean dry wood as fuel.

Fireplace means a non-combustible structure with an open recess for burning a fire at the base of a chimney or stack usually made of stone, brick or other masonry material used out-of-doors for recreational fire and/or heat purposes.

Manufactured burning unit means an open or enclosed portable fuel burning device used out-of-doors for recreational fire and/or heat purposes using natural gas or propane as fuel.

Open burning means the ignition, combustion, or setting on fire of any natural or man-made material, item, or fuel out-of-doors that is emitted directly into the ambient air without passing through a stack or chimney, except it does not include the burning of candles, lanterns, lamps, bug repellent torches, cigarettes, cigars, or pipes.

Outdoor burning means the ignition, combustion, or setting on fire of natural gas, propane, clean dry wood out-of-doors in an approved fireplace, outdoor stove, fire pit, or manufactured burning unit as permitted in this article.

Outdoor stove means a boiler, stove, oven, or furnace that is located out-of-doors, is not located within a building, and that uses natural gas, propane, or clean wood for fuel.

Recreational fire means outdoor burning for recreation, religious, ceremonial, or warmth purposes, with a total fuel area that shall not exceed three (3) feet in diameter and two (2) feet in height.

Refuse means any solid waste material such as garbage, rubbish, and animal waste as defined by the Natural Resources and Environmental Protection Act, Part 115 of Public Act No. 451 of 1994, MCL 324.11501 et seq., as amended, also commonly referred to as trash or garbage. Refuse does not include leafless firewood prepared from the trunk or branches of a tree.

Yard clippings means leaves, grass clippings, lake weeds, vegetable or other garden debris, shrubbery, brush, or plant and/or vegetation trimming. Yard clippings do not include leafless firewood prepared from the trunk or branches of a tree.

(Ord. No. C-799, §§ 1, 2, 9-11-23)

a)

General prohibition. It shall be unlawful for any person to cause, permit, or maintain any outdoor or open burning on private property situated within the township except as specifically permitted by this article.

b)

Refuse. It shall be unlawful for any person to cause, permit, or maintain any outdoor or open burning of refuse as defined in this article on property situated within the township.

c)

Yard clippings. It shall be unlawful for any person to cause, permit, or maintain any outdoor or open burning of yard clippings as defined in this article on property situated within the township.

d)

Rooftops and balconies. Outdoor and open burning shall be prohibited on building roofs and on exterior balconies located above the first floor.

e)

Woodland and wetland. Outdoor burning shall be prohibited in a designated protected woodland or wetland.

f)

Nuisance. No outdoor or open burning, whether permitted or prohibited, shall cause a nuisance to adjacent nearby properties as set forth below. Any outdoor or open burning that causes a nuisance to adjacent nearby properties shall be immediately extinguished upon direction of the fire code official, a police officer, or code enforcement officer. Outdoor or open burning is a nuisance to nearby properties upon the occurrence of the following:

1.

Odors. Noxious odors have emanated from the outdoor or open burning; or

2.

Dust or ash. Excessive dust or ash emanating from the outdoor or open burning has spread to nearby properties.

(Ord. No. C-799, §§ 1, 2, 9-11-23)

Outdoor burning of natural gas, propane, charcoal or clean dry wood is permitted as specified below in an outdoor fireplace, stove, manufactured burning unit, or fire pit only in compliance with the following regulations:

a)

Outdoor fireplace/outdoor stove. Installation and use of an outdoor fireplace or outdoor stove shall comply with the following:

1.

A building permit shall be obtained prior to installation of an outdoor fireplace or stove. The application for building permit shall include construction plans.

2.

An outdoor fireplace or stove shall be setback at least twenty-five (25) feet from the nearest building which is not on the same property as the outdoor fireplace or stove.

3.

An outdoor fireplace or stove shall be setback at least fifteen (15) feet from all structures constituting part of a building.

4.

An outdoor fireplace or stove shall be setback at least fifteen (15) feet from a woodland as defined in section 2.1.127 of chapter 26 of the Code of Ordinances.

5.

An outdoor fireplace or stove shall not be located within a wetland, as defined in section 12-5 of the Code of Ordinances.

6.

An outdoor fireplace or stove shall have a stack or chimney that extends at least eight (8) feet above the ground surface. The fire chief may approve a lesser height on a case-by-case basis provided that: i) it is necessary to comply with manufacturer's recommendations, and ii) the smoke from the lower chimney height will not create a nuisance for adjoining properties.

7.

A fire in an outdoor fireplace or stove shall be constantly attended until the fire is extinguished.

8.

A functioning fire extinguisher shall be readily accessible to users of the outdoor fireplace or stove.

b)

Fire pits. Outdoor burning of charcoal or clean dry wood is permitted in an outdoor fire pit installed on the ground provided that it is lined with stone, brick, metal, or similar non-combustible material that is designed to keep a fire contained to a specific area, is designed to prevent it from spreading, and is designed to be readily identified as a fire pit area. In addition, the outdoor burning in a fire pit shall be in compliance with the following regulations:

1.

Where a dwelling is physically attached to one (1) or more other dwellings, it creates a relatively higher risk of fire damage or injury to property and persons in adjoining residential units than in detached dwelling units. Accordingly, if a fire pit is used in a multiple family attached residential development, the fire pit shall be setback at least twenty-five (25) feet from an attached dwelling unit.

2.

A fire pit shall be setback at least twenty-five (25) feet from the nearest building which is not on the same property as the fire pit.

3.

A fire pit shall be setback at least fifteen (15) feet from all structures constituting part of a building.

4.

A fire pit shall be setback at least fifteen (15) feet from a woodland as defined in section 2.1.127 of chapter 26 of the Code of Ordinances.

5.

A fire pit shall not be located within a wetland, as defined in section 12-5 of the Code of Ordinances.

6.

The total fuel area shall not exceed three (3) feet in diameter and two (2) feet in height.

7.

A fire in a fire pit shall be constantly attended until the fire is extinguished.

8.

A functioning fire extinguisher shall be readily accessible to users of the fire pit.

9.

An outdoor fire pit that uses natural gas or propane as its fuel source is permissible in accordance with the regulations of this subsection provided that a building permit is obtained prior to installation. The application for a building permit shall include construction plans.

c)

Manufactured burning unit. Outdoor burning of natural gas or propane, is permitted in an outdoor manufactured burning unit in compliance with the manufacturer's specifications. In addition the following regulations apply:

1.

Where a dwelling is physically attached to one (1) or more other dwellings, it creates a relatively higher risk of fire damage or injury to property and persons in adjoining residential units than in detached dwelling units. Accordingly, if a manufactured burning unit is used in a multiple family attached residential development, the unit shall be setback at least twenty-five (25) feet from an attached dwelling unit. In addition, natural gas or propane containers with a water capacity greater than two and one-half (2.5) pounds shall be prohibited on balconies or within ten (10) feet of any combustible construction in a multiple family attached residential developments.

2.

An outdoor manufactured burning unit shall be setback at least fifteen (15) feet from a woodland as defined in section 2.1.127 of chapter 26 of the Code of Ordinances.

3.

An outdoor manufactured burning unit shall not be located within a wetland, as defined in section 12-5 of the Code of Ordinances.

4.

A fire in an outdoor manufactured burning unit shall be constantly attended until the fire is extinguished.

5.

A functioning fire extinguisher shall be readily accessible to users of the outdoor manufactured burning unit.

(Ord. No. C-799, §§ 1, 2, 9-11-23)

a)

Strict compliance. Outdoor and open burning is permitted only in strict compliance with the regulations set forth in this article. Any open or outdoor burning that does not comply with this article shall be extinguished immediately upon direction of a fire code official, a police officer, or code enforcement officer.

b)

Outdoor burning suspension. The fire chief, or the chief's designee, may temporarily suspend all outdoor burning when weather conditions warrant it or when other conditions exist which the fire chief or the designee, deems could pose a threat to public health, safety or welfare. Notice of outdoor burning suspension shall be posted on the township website and civic center TV.

(Ord. No. C-799, §§ 1, 2, 9-11-23)

A bonfire is a large outdoor controlled fire for ceremonial, entertainment, social, or celebration purposes, typically as a special event for a crowd of people and is permitted as follows:

a)

The bonfire shall be contained within a fire pit with a diameter that is two (2) times the diameter of the fuel area of the bonfire.

b)

A permitted bonfire shall not exceed a fuel area diameter greater than six (6) feet.

c)

A permitted bonfire shall not exceed four (4) feet in height.

d)

A bonfire shall not be conducted within fifty (50) feet of a structure or other combustible material.

e)

Any condition which could cause a fire to spread within fifty (50) feet of a structure shall be eliminated prior to ignition.

f)

No bonfire shall be conducted if the wind is greater than ten (10) miles an hour.

(Ord. No. C-799, §§ 1, 2, 9-11-23)

Structures and other materials may be burned for fire suppression training only in strict compliance with all of the following provisions:

a)

Purpose. The training fire must be exclusively for fire suppression training. The training fire shall not be used as a means to dispose of waste material of any kind, including tires and other hazardous materials.

b)

Inspection; notification. Any standing structure that will be used in a fire suppression training shall be inspected by both the fire code official and a licensed asbestos inspector. Notification of this inspection shall be submitted to the Michigan Department of Environmental Quality, Air Quality Division at least ten (10) business days prior to burning a standing structure. The notification must be submitted using Form EQP 5661 "Notification of Intent to Renovate/Demolish."

c)

Notice. Residents within five hundred (500) feet of the proposed site of the planned fire suppression training fire shall be notified at least fifteen (15) days before the date of the planned fire suppression training.

d)

Asbestos. All asbestos shall be removed prior to conducting the fire suppression training. If the structure is a residential dwelling, the owner may remove the asbestos or have it removed by a licensed asbestos abatement contractor. If it is a commercial building, all asbestos shall be removed by a licensed asbestos abatement contractor.

e)

Asphalt; siding. All asphalt shingles, and asphalt or plastic siding shall be removed prior to the fire suppression training fire unless the fire chief determines that they are necessary for the fire practice.

f)

Ash. All ash shall be disposed of in an approved landfill or at an alternate location approved by the Michigan Department of Environmental Quality.

g)

Procedures. All fire suppression training should conform to the guidelines established by the National Fire Protection Association Standard on Live Fire Training Evolutions (NFPA 1403).

(Ord. No. C-799, §§ 1, 2, 9-11-23)

A person responsible for igniting or maintaining an outdoor fire in violation of the provisions of this article shall be responsible for all costs the township incurs to respond and remediate any danger, any damage to private or public property, any injury to a person, or to suppress any fire. All costs shall be recovered pursuant to the provisions of the Emergency Cost Recovery ordinance set forth in chapter 2, article VI, division 2 of the Code of Ordinances.

(Ord. No. C-799, §§ 1, 2, 9-11-23)

Whenever any condition constitutes a risk to the health, safety, and welfare of the public, and where the delay of notification would serve to further endanger the health, safety, and welfare of the public, the township may enter the premises without notification to the owner or occupant for the protection of the health, safety, and welfare of the public.

(Ord. No. C-799, §§ 1, 2, 9-11-23)