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Zoning File ^1882 <br />November 5, 1993 <br />Pace 2 <br />City Authority for Establishing Fire Lancs <br />^ . <br />Orono ’s fire lane ordinance is in Municipal C( Je Chapter 9.34, Subdivisions 7-11 which <br />was adopted essentially in its current form in May 1981 (see Exhibit II of the October 12 niemo, <br />especially code pages 222-223). Section 9.34, Subdivision 7 (C) empowers the Chief of Police <br />to order the establisliment of fire lanes. Staff cannot confirm whether Jacobs conferred with <br />Chief Kilbo or the Mound Fire Department in requiring the fire lane in 1987, however, there <br />was no apparent argument from the property owner in complying with that requirement at that <br />time (in fact he has long had a portable sign on the premises that says "No Parking - Fire <br />Lane"), and the City Council approved the site plan with the fire lane shown. Further, <br />Subdivision 4 of Section 9.34 grants authority for enforcement of the fire code to any or all of: <br />a. The Minnesota State Fire Marshal or his repre.sentative. <br />b. The Fire Chief of the respective Fire Service Disrict. <br />c. The Chief of Police. <br />d. The Building Official. <br />Staff contends that the requirement for a fire lane in 1987 was absolutely proper. <br />Further, staff contends that staff has been consistent in requiring fire lanes where they <br />are necessary whenever commercial/industrial/multiple residential properties are undergoing new <br />construction, reconstruction tir other major permit activity. This is the appropriate time for <br />requiring changes such as the establishment of fire lanes where they are needed. The City has <br />not historically required the establishment of fire lanes where they are not needed nor where no <br />new activity is occurring on a property. This is why a number of businesses referred to by the <br />applicant cannot be considered as equivalent situations. <br />Staff would further note again that where it becomes necessary to establish fire lanes due <br />to increased activity or traffic on a property, the Police Chief in consultation w ith the Fire Chief <br />and Building Official, has the authority under Section 9.34, Subdivision 7 (C) to establish a fire <br />lane at anv time. <br />The attached letter (Exhibit G> from the Deputy State Fire Marshal furtner establishes <br />the City’s authority to adopt ordinances equal to. in addition to. or more stringent than the <br />Uniform Fire Code. <br />Is (here a lued for a fire lane at this site? <br />A number of reasons why a fire lane is needed at this location have been brought to <br />staff's attention by various parties including the Police Chief, the Fire Department and the <br />Building Inspection Department. These iiKlude: <br />1 The Fire Code requires unobstructed view of self service pumps to the employee <br />work station in the building that numitors the pumps. <br />1 he fire laiK keeps \chicles from bliKking access the main public entrance/cxit <br />b>r the building.