DISCLAIMER

 

06-007-O

ORDINANCE NO. __________


AN ORDINANCE AMENDING CHAPTER 21 OF THE CITY CODE; AMENDING SECTION 21-5 OF THE DULUTH CITY CODE, 1959, AS AMENDED, TO UPDATE A REFERENCE TO THE STATE FIRE CODE AND REPEALING SECTIONS 21-24 AND 21-34 THEREOF.

BY COUNCILOR LITTLE:

The city of Duluth does ordain:

     Section 1. That Section 21-5 of the Duluth City Code, 1959, as amended, is hereby amended to read as follows:

Sec. 21-5. Open burning prohibitions and permits.

     (a)  For the purposes of this Section, terms used herein shall have the meanings given them in Minnesota Rules, Part 7005.0705;

     (b)  Except as specifically modified in this Section, Minnesota Rules, parts 7005.0705 to 7005.0805, are incorporated by reference herein and shall govern open burning and the issuance of open burning permits in the city;

     (c)  Open burning is prohibited without a permit;

     (d)  Permits for open burning may be issued by the fire chief, deputy fire chief or fire marshal and shall be issued only in strict conformance with Minnesota pollution control agency rules and the Minnesota State Uniform Fire Code;

     (e)  No permit shall authorize the burning of leaves.

     Section 2. That Section 21-24 of the Duluth City Code, 1959, as amended, be repealed in its entirety.

     Section 3. That Section 21-34 of the Duluth City Code, 1959, as amended, be repealed in its entirety.

     Section 4. That this ordinance shall take effect 30 days after its passage and publication.


STATEMENT OF PURPOSE:  The purpose of this ordinance amendment is to make some “housekeeping”-type amendments to the city’s Fire Code as contained in Chapter 21 of the City Code.


The amendment to Section 21-5 of the Code recognizes that the state has adopted the “International Fire Code” in place of the “Uniform Fire Code” and has designated it as the “State Fire Code” for the purposes of the officially adopted state regulations. This change will also bring this portion of the city’s Fire Code into automatic compliance with state regulations as the state adopts changes in the International Fire Code into the State Fire Code.


The repeal of sections 21-24 and 21-34 eliminate sections which were originally adopted prior to the State Fire Code taking over this area of regulation but are now superfluous because the areas are covered by the State Fire Code. The repeal of Section 21-34 also eliminates the need for a city permit, which is also no longer necessary.


There is no significant budget impact as a result of these amendments.