HomeMy WebLinkAboutORDINANCE NO 15 06 248STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 15-06-248
AN ORDINANCE TO AMEND CHAPTER 22, FIRE PREVENTION AND PROTECTION, OF
THE CITY OF MILTON CODE OF ORDINANCES
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on June 1, 2015 6:00 p.m. as follows:
SECTION 1. That the amendments of Chapter 22 of the City of Fire Prevention and Protection
Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 1st day of June, 2015 .
Joe Lockwood, Mv=
Attest:
Sudie AM Gordon, City Clerk
Page 1 of 19
STATE OF GEORGIA
COUNTY OF FULTON
ARTICLE I. -IN GENERAL
• Sees. 22-1-22-18.-Reserved.
ARTICLE II. -FIRE DEPARTMENT
• Sec. 22-19.-Fire chief appointed.
The city manager shall appoint the fire chief.
ORDINANCE NO. 15-06-248
(Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 1), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 1), 3-17-
2008; Ord. No. 08-06-08, § 1 (ch. 15, art. 3, § 1), 6-2-2008; Ord. No. 08-08-19, § 1 (ch. 15, art. 4, § 1), 8-
18-2008)
• Sec. 22-20. -Fire prevention duties.
The fire chief shall appoint a fire marshal to coordinate fire prevention duties as described in this
Chapter.
(a) Code enforcement. The fire prevention code shall be enforced by personnel in the city fire
department, which is established and which shall be operated under the supervision of the fire
chief.
(b) Inspectors. The fire chief may detail members of the fire department as inspectors. If
necessary these inspectors may be reassigned to the firefighting force at the discretion of
the fire chief.
(c) Public Education. The fire department shall take a proactive approach to fire prevention
and life safety in the Milton community by presenting public education and community
risk reduction programs to residents and businesses within its jurisdiction. The fire chief
may detail members of the fire department as public educators. If necessary, these
educators may be reassigned to the firefighting force at the discretion of the fire chief.
(Ord. No. 06-11-60, § 1 (ch. 15, art. 3, § 2), 11-21-2006; Ord. No. 08-03-05, § 1 (ch. 15, art. 3, § 2), 3-17-
2008; Ord. No. 08-06-08, § 1 (ch. 15, art. 3, § 2), 6-2-2008; Ord. No. 08-08-19, § 1 (ch. 15, art. 4, § 2), 8-
18-2008)
• Sec. 22-21. -Authority at fires.
(a) The fire chief or fire officers under his or her direction shall have full control over all fire
apparatus of the fire department in service at any fire.
( 1) It shall be the duty of the fire chief or his or her designee to:
Page 2 of 19
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 15-06-248
a. Superintend the fire department while performing any public duty in fighting a fire;
b. Give general and specific directions as to the manner of fighting fires, such as:
1. The use of a hose and apparatus; and
2. The specific duties and assignments of the various members of the fire
department in attendance at a fire.
(2) The fire chief or his/her designee may immediately suspend any member of the fire
department for insubordination at any fire.
(b) Officers of the fire department, when at the scene of a fire or other emergency that could
impact public safety may direct or assist the city police department in directing traffic in
the immediate vicinity.
(Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 8), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 8), 3-1 7-
2008; Ord. No. 08-06-08, § 1 (ch. 15, art. 3, § 8), 6-2-2008; Ord. No. 08-08-19, § 1 (ch. 15, art. 4, § 8), 8-
18-2008; Ord. No. 11-09-111, § 1, 9-19-2011)
• Sec. 22-22. -Unlawful acts interfering with firefighting activities.
(a) No person, except an active member of the fire department, shall at any time:
( 1) Enter within the territory or vicinity of any fire, when the area is roped off or access is
denied by the city police or firefighters at the direction of the incident commander;
(2) Interfere with or attempt to operate any of the apparatus or equipment of the fire
department or any fire hydrant; or
(3) Interfere by giving orders to any individual, unless requested to do so by the fire chief
or fire officers under his or her direction.
(b) However, the following persons may be specifically authorized by the fire chief or his or
her designee to enter the restricted areas:
(1) The mayor or any councilmember;
(2) Any police officer or other law enforcement officer;
(3) The owner or occupant of the property;
( 4) The city manager; or
(5) Any other persons.
(Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 10), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 10), 3-
17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 10), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, §
10), 8-18-2008; Ord. No. 11-09-111, § 1, 9-19-2011)
• Sees. 22-23-22-41.-Reserved.
ARTICLE III. -FIRE CODE
DIVISION 1. -GENERALLY
• Sec. 22-42. -Applicability of state minimum fire safety standards within the corporate limits
of the City of Milton.
Page 3 of 19
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 15-06-248
(a) Pursuant to Milton Resolution 07-09-59, the city adopts the state minimum fire safety
standards established in the rules and regulations promulgated pursuant to chapter 2 of
title 25, including all subsequent revisions thereof. The City of Milton will enforce the
state minimum fire safety standards as set forth in O.C.G.A. § 25-2-12(a) with respect to
those buildings and structures listed in O.C.G.A. § 25-2-13, except for hospitals, nursing
homes, jails, ambulatory health care centers, and penal institutions and except for
buildings and structures which are owned and operated or occupied by the state.
(b) The City of Milton will be responsible for enforcing such fire safety standards within its
jurisdiction and will :
(1) Conduct fire safety inspections on existing buildings and structures;
(2) Review plans and specifications for proposed buildings-flfHi, structures, and
developments, and conduct fire safety inspections of such buildings and structures;
(3) Issue/approve permanent and temporary certificates of occupancy;
(4) Conduct inspections for special events, tents, public fireworks displays, and outdoor
burning as required; and
(5) Conduct origin and cause and arson investigations.
(c) The City of Milton will charge and retain appropriate fees for performing the above listed
duties in accordance with the fee schedule established by the city.
(Ord. No. 11-09-111 , § 1, 9-19-2011)
Editor's note-
Section 1 ofOrd. No. 11-09-111 , adopted Sept. 19, 2011 , repealed former§ 22-42, and enacted a new§
22-42 as set out herein. The former§ 22-42 pertained to applicability of building and fire-related codes to
existing buildings, and derived from Ord. No. 06-11-60, § 1 (ch. 15, art. 3, § 15), adopted Nov. 21 , 2006;
Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 15), adopted March 17, 2008; Ord. No. 08-06-08, § 1(ch. 15 , art.
3, § 15), adopted June 2, 2008; and Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 15), adopted Aug. 18,2008.
• Sec. 22-43. -Authority to amend article.
Whenever there are practical difficulties involved in carrying out the provisions of this Code, the
fire marshal in conjunction with the fire chief shall have power to modify any of the provisions of
this article of Milton City Code upon an application in writing by the owner or lessee, or a duly
authorized agent; provided that the fire chief and fire marshal shall first find that special
individual reason makes the strict letter of the code impractical and the modification is in
compliance with the spirit of the Code, that public safety is secured, and substantial justice done.
The particulars of such modification, when granted or allowed, and the decision of the fire chief
and fire marshal thereon shall be entered upon the records of the fire department and a signed
copy shall be furnished to the applicant.
Page 4 o£19
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 15-06-248
(Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 4), 11-21-2006; Ord. No. 08-03-05, § 1 (ch. 15, art. 3, § 4), 3-17-
2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 4), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 4), 8-
18-2008; Ord. No. 11-09-111 , § 1, 9-19-2011)
• Sec. 22-44.-New materials, processes or occupancies which may require permits.
(a) The city manager, the fire chief, and the fire marshal shall act as a committee to determine
and specify, after giving affected persons an opportunity to be heard, any new materials,
processes or occupancies, which shall require permits in addition to those now enumerated in
this article.
(b) The fire chief shall post the list, if any, in a conspicuous place in his or her office, and
distribute copies thereof to interested persons.
(c) The list shall be a rule and regulation of the fire department and shall be adopted by the
mayor and city council and become effective upon approval, unless otherwise specified.
(Ord. No. 06-11-60, § 1(ch. 15 , art. 3, § 6), 11-21-2006; Ord. No. 08-03-05 , § 1(ch. 15, art. 3, § 6), 3-17-
2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 6), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15 , art. 4, § 6), 8-
18-2008)
• Sec. 22-45. -Appeals.
Any person aggrieved by an action of the fire chief, the fire marshal or other city official or
employee of the city fire department including, but not limited to, disapproval of an application,
refusal to grant a permit, a determination that the fire code or city ordinances does not apply or
has been misconstrued, but excluding those actions or violations which are within the purview of
the state fire marshal or code violations which are subject to the jurisdiction of municipal, state or
federal court, may appeal and be heard by the city construction board of appeals in accordance
with chapter 10, buildings and building regulations, ofthe City Code and the rules ofthe
construction board of appeals.
(Ord. No. 06-11-60, § 1( ch. 15, art. 3, § 5), 11-21-2006; Ord. No. 08-03-05, § 1 (ch. 15, art. 3, § 5), 3-17-
2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 5), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 5), 8-
18-2008; Ord. No. 11-09-111, § 1, 9-19-2011)
• Sees. 22-46-22-64. -Reserved.
DIVISION 2. -REGULATIONS
• Sec. 22-65. -City fire limits; storage of explosives, flammable liquids and liquefied
petroleum gases.
Page 5 of 19
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 15-06-248
(a) Districts within the city where storage of explosives, flammable liquids or liquefied
petroleum gases are restricted or permitted under this article shall be legally described in a
map entitled "City of Milton Fire District."
(b) Maps, which shall be approved by the city council and maintained in the city clerk's office,
shall be available for inspection by the public.
(Ord. No. 06-11-60, § 1 (ch. 15, art. 3, § 3), 11-21-2006; Ord. No. 08-03-05, § 1 (ch. 15, art. 3, § 3), 3-17-
2008; Ord. No. 08-06-08, § 1 (ch. 15, art. 3, § 3), 6-2-2008; Ord. No. 08-08-19, § 1 (ch. 15, art. 4, § 3), 8-
18-2008)
• Sec. 22-66. -Obstruction of, or tampering with fire hydrant and apparatus prohibited.
(a) It is unlawful for any person to place ashes, cinders, dirt, rubbish, building material or any
other material around or in close proximity to any fire hydrant so as to cause hindrance or
delay in access thereto, or prevent the free use thereof, by the fire department. No person
shall, in any way, interfere with or tamper with any fire hydrant or attempt to take water
therefrom without special authority from the fire chief or his or her designee. Any person
who violates this section shall upon conviction be punished in accordance with the general
penalty in section 1-5.
(b) Without the fire chiefs consent, no person not an active member of the fire department shall
at any time ride upon any of the fire apparatus of the fire department, nor shall any person
make use of any fire apparatus, hose, or other equipment of the fire department, other than
for the purpose for which the equipment was intended.
(Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 9), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 9), 3-1 7-
2008; Ord. No. 08-06-08, § 1 (ch. 15, art. 3, § 9), 6-2-2008; Ord. No. 08-08-19, § 1 (ch. 15, art. 4, § 9), 8-
18-2008; Ord. No. 11-09-111, § 1, 9-19-2011)
• Sec. 22-67.-Open burning.
(a) State regulations incorporated. Open burning is prohibited in the city, with certain exemptions
as set forth in this section. The provisions ofO.C.G.A. § 391-3-1.02(5) ofthe regulations
promulgated by the state environmental protection department under the Georgia Air Quality
Act, as amended from time to time, are adopted and incorporated herein by reference. A copy
of said regulation shall be kept on file by the city clerk for inspection by the public.
(b) When permitted. Open burning is prohibited in all zoning districts other than agricultural
districts except under the following circumstances and conditions:
(1) Open burning in a reasonable fashion for the purpose of cooking food for immediate
human consumption is allowed;
(2) Bonfires, recreation fires or fires used for promoting an outdoor event are allowed;
provided fires in excess of three feet across are subject to permitting by the fire
department; and
(3) Fires set for purposes of training city firefighting personnel are allowed.
Page 6 of 19
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 15-06-248
(c) Burning under hazardous conditions. The fire marshal may prohibit any open burning when
atmospheric conditions or local circumstances make such burning hazardous and may restrict
burning in accordance with the International Fire Code as adopted and amended by the State
Fire Marshal and incorporated by reference into the City of Milton Code.
(d) Liability of applicant. Nothing herein shall be construed to limit the liability of the
landowner/applicant for any damages caused as a result of fire.
(Ord. No. 06-11-60, § 1(ch. 12, art. 5, § 3, ch. 15, art. 3, § 12), 11-21-2006; Ord. No. 07-04-23, § 1(ch.
12, art. 5, § 3), 4-19-2007; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 12), 3-1 7-2008; Ord. No. 08-06-08, §
1(ch. 15, art. 3, § 12), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 11), 8-18-2008)
• Sec. 22-68. -Sprinkler protection required.
(a)
forth herein:
Definitions. As used in this section, the following terms shall have the meanings set
Approved system-commercial areas means commercial areas less than 5,000 square feet,
for light hazard areas, i.e., offices and shipping areas, of commercial buildings less than
5,000 square feet a modified sprinkler system may be used. This system may be used
upon appeal to the fire marshal's office by the owner of the building.
Approved system-commercial/residential means commercial buildings over 5,000 square
feet, or residential structures, or those structures required to be sprinkled by some other
code. The term "approved system-commercial/residential" means a sprinkler system
designed in accordance with Nation~[ Fire Protection Association Standards and
referenced publications.
Commercial means:
( 1) A business involved in the exchange of services, productions, or property of any
kind; and
(2) The buying, selling and exchange of articles.
Modified sprinkler system means a combination sprinkler system operating off the
domestic water supply designed in accordance with specifications on file in the fire
marshal's office.
Multifamily residential structures means a structure with a maximum of four stories in
height, except duplex and freestanding single-family residences. The term "story" means
that portion of a building included between the upper surface of the floor and the upper
surface of the floor or roof next above.
New includes any additions to existing buildings, whether vertically or horizontally, or
any existing building or structure which shall be deemed to be a new building in the event
such building or structure is subject to substantial renovation or a fire or other hazard of
serious consequence. The term "substantial renovation" means any construction project
involving exits or internal features of such building or structure costing more than the
Page 7 of 19
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 15-06-248
building's or structure's gross assessed value according to county tax records at the time
of such renovation.
(b) All new commercial buildings shall be protected throughout with an approved automatic
fire protection system.
(1) For buildings less than 15,000 square feet, constructed mainly for the storage of
products with limited life loss potential, some flexibility may be allowed. The owner may
petition to the fire marshal for exception to sprinklers in the storage areas.
a. The fire marshal will give consideration to such things as:
1. Building construction;
2. Products stored;
3. Arrangement of storage;
4. Number of employees in the area;
5. Access to the building; and
6. Any other fire protection features provided.
b. This exception will not be allowed for additions to existing sprinkled buildings.
c. For buildings storing materials that are water reactive or may be damaged more by
water fighting a fire, than by a fire, the fire marshal's office shall use the same
considerations.
(2) Additions to existing unprotected buildings where the addition totals less than 1,000
square feet; provided, however, the addition must be separated by fire-rated construction in
accordance with the city building code and is not required to be protected by some other
applicable code.
(c) All new multifamily residential structures shall be protected throughout with an approved
automatic fire protection system.
(d) There shall be early fire detection systems in all sections of multifamily occupancies.
Existing buildings may have an approved battery operated smoke detector. The bureau of
fire prevention may require a hard-wire detection system if battery operated detectors are
not maintained according to the manufacturer's recommendation.
(e) The owner is responsible for the inspection and testing of the sprinkler system in
accordance with the rules of the state safety fire commissioner.
(f) If this Code in any way conflicts with the provisions in the city's building code, the fire
prevention code, or the State Minimum Fire Safety Standards, the more restrictive shall
apply.
(Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 14), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 14), 3-
17-2008; Ord. No. 08-06-08, § 1 (ch. 15, art. 3, § 14), 6-2-2008; Ord. No. 08-08-19, § 1 (ch. 15, art. 4, §
13), 8-18-2008; Ord. No. 11-09-111, § 1, 9-19-2011)
Page 8 of 19
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 15-06-248
• Sec. 22-69. -Plan review and inspection fee schedule relating to fire marshal requirements.
The city and fire department, in accordance with common professional practice, have established
fees for plan reviews and inspections conducted by the fire marshal or his/her designee. These
fees are established in addition to any and all fees levied by the other relevant city departments.
The plan review and inspection fees are included in the city's fee schedule.
(Ord. No. 08-08-I9, § I(ch. I5, art. 4, § I6), 8-I8-2008; Ord. No. 11-09-I11, §I, 9-I9-2011)
• Sec. 22-70. -Prohibited use of open-flame cooking devices.
With the exception of one-and two-family dwellings, and occupancies where buildings, balconies
and decks are protected by an automatic sprinkler system, the use of charcoal burners, gas grills,
and other types of open-flame cooking device shall be prohibited on balconies, in breezeways,
within the means of emergency egress, or within ten feet of combustible construction.
No prohibited-use grills as defined by this section may be stored in breezeways, balconies/patios,
stairways or exit access areas of the above.
Electric grille or similar electrical apparatus shall be permitted so long as they are not modified to
charcoal or wood use or produce an open flame.
(Ord. No. 11-09-I 11, §I, 9-I9-2011)
• Sees. 22-71-22-89.-Reserved
ARTICLE IV. -KEY LOCKBOX SYSTEM
• Sec. 22-90. -For commercial, residential and other locations with restricted access through
locked gates.
(a) The following structures shall be equipped with a key lock box at or near the main
entrance or such other location required by the fire marshal:
(1) Commercial or industrial structures that have fire alarm and/or sprinkler systems that
are secured in a manner that restricts access during an emergency;
(2) Multifamily residential structures or single family residential developments and
commercial properties that are secured with locked gates which would prevent fire
department access during an emergency; and
(3) Governmental structures and nursing care facilities with gated entrances.
(b) All newly constructed structures, communities, or complexes subject to this section shall
have the key lock box installed and operational prior to the issuance of an occupancy
permit. All structures, communities, or complexes in existence on the effective date of the
ordinance from which this section is derived and subject to this section shall have one year
from the effective date of the ordinance from which this section is derived to have a key
lock box installed and operational.
Page 9 of 19
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 15-06-248
(c) The fire marshal shall designate the type of key lock box system to be implemented within
the city and shall have the authority to require all structures to use the designated system.
(d) The owner or operator of a structure, community, or complex required to have a key lock
box shall, at all times, keep a key in the lock box, or maintain the operation of the box at
all times.
(e) The fire marshal shall be authorized to implement rules and regulations for the use of the
lock box system.
(f) Any person who owns or operates a structure, community, or complex subject to this
section shall be subject to the penalties set forth in all sections of this Code for any
violation of this section; provided that the maximum fine for a conviction for a violation of
this section shall be $1 ,000.00.
(g) All requests for the designated key lock box system shall be coordinated through the fire
marshal and get approval for the location of the box on each site.
(h) This article shall take effect immediately upon its passage.
(Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 16), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 16), 6-2-
2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 17), 8-18-2008)
• Sec. 22-91. -For certain buildings as designated by the fire marshal.
(a) The following structures shall be equipped with a key lock box at or near the main
entrance or such other location required by the fire marshal:
( 1) Commercial or industrial structures protected by an automatic alarm system or
automatic suppression system,
(2) Multifamily residential structures that have restricted access through locked doors and
have a common corridor for access to the living units; and
(3) Governmental structures and nursing care facilities.
(b) All newly constructed structures subject to this section shall have the key lock box
installed and operational prior to the issuance of an occupancy permit. All structures in
existence on the effective date of the ordinance from which this section is derived and
subject to this section shall have one year from the effective date of the ordinance from
which this section is derived to have a key lock box installed and operational.
(c) The fire marshal shall designate the type of key lock box system to be implemented within
the city and shall have the authority to require all structures to use the designated system.
(d) The owner or operator of a structure required to have a key lock box shall, at all times,
keep a key in the lock box that will allow for access to the structure.
Page 10 of 19
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 15-06-248
' (e) The fire marshal shall be authorized to implement rules and regulations for the use of the
lock box system.
(f) Any person who owns or operates a structure subject to this section shall be subject to the
penalties set forth in all sections of this Code for any violation of this section; provided
that the maximum fine for a conviction for a violation of this section shall be $1 ,000.00.
(g) All requests for the designated key lock box system shall be coordinated through the fire
marshal and get approval for the location of the box on each site.
(h) This article shall take effect immediately upon its passage.
(Ord. No. 08-03-05, § 1 (ch. 15, art. 3, § 17), 3-17-2008; Ord. No. 08-06-08, § 1 (ch. 15, art. 3, § 17, 6-2-
2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 18), 8-18-2008)
• Sees. 22-92-22-110.-Reserved.
ARTICLE V. -FIRE LANES AND FIRE DEPARTMENT ACCESS ROADS
• Sec. 22-111.-Definitions.
The words used in this article shall have their normal accepted meanings except as set forth in
this section:
Authorized emergency vehicle means:
(1) A motor vehicle belonging to a public utility corporation and designated as an
emergency vehicle by the public safety department;
(2) A motor vehicle belonging to a fire department or a certified private vehicle
belonging to a volunteer fireman or a firefighting association, partnership, or
corporation;
(3) An ambulance; or
(4) A motor vehicle belonging to a federal, state, or local law enforcement agency;
provided such vehicle is in use as an emergency vehicle by one authorized to use it
for that purpose.
Enforcement officer means any duly authorized law enforcement officer employed by the
city.
Fire lanes means areas designated by the fire official providing access for fire department
vehicles to buildings, fire department connections and fire hydrants. The term "fire
lanes" includes all alleys, driveways or lanes, devoted to public use, where the parking
of motor vehicles or other obstructions can interfere with the ingress or egress of fire
department vehicles for the protection of persons and properties including, but not
limited to:
( 1) Shopping centers;
Page 11 of 19
STATE OF GEORGIA
COUNTY OF FULTON
(2) Theaters;
(3) Hospitals;
(4) Bowling lanes;
(5) Churches;
(6) Multifamily housing; and
(7) High-rise buildings.
ORDINANCE NO. 15-06-248
Fire official means the fire officer or other designated authority, or their duly authorized
representative, charged with the administration and enforcement of this article.
Master plats means all original plats drawn in accordance with this article; all copies
distributed shall be from this original drawing.
New building means any commercial structure or public facility whose certificate of
occupancy was issued after the effective date of Ordinance No. 4782 from which this
article is derived.
Plats means the maps created by the building owner and approved by the fire marshal which
depict the location and boundaries of land and all existing fire lanes in accordance with
this article. Such maps shall be drawn to scale.
Property owner means each person possessing any estate, or leasehold right in the property
being designated as a fire lane.
Ticket means an order issued out of court by a city enforcement officer directing a violator of
this article to comply with all civil fines as set forth in section 22-1160.
(Ord. No. 06-11-60, § 1(ch. 15, art. 4, § 2), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 4, §
2), 3-1 7-2008; Ord. No. 08-06-08, § 1 (ch. 15, art. 4, § 2), 6-2-2008; Ord. No. 08-08-19, §
1 (ch. 15, art. 5, § 2), 8-18-2008)
• Sec. 22-112.-Purpose and scope.
It is the declared purpose ofthis article to:
( 1) Provide for the designation and identification of the lanes;
(2) Provide for the manner, method and language for the posting of signs;
(3) Establish the penalty for a violation of this article;
( 4) Identify and designate the persons who have authority to enforce this article and the
limits of such authority;
(5) Prohibit parking in fire lanes;
(6) Provide for the method of submitting properties to this article;
(7) Repeal all ordinances in conflict herewith; and
(8) Provide for other purposes.
Page 12 of 19
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 15-06-248
(Ord. No. 06-11-60, § 1 (ch. 15, art. 4, § 1), 11-21-2006; Ord. No. 08-03-05, § 1 (ch. 15, art. 4, §
1), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 4, § 1), 6-2-2008; Ord. No. 08-08-19, §
1(ch. 15, art. 5, § 1), 8-18-2008)
• Sec. 22-113.-Specifications fire lanes and fire apparatus access roads.
(a) Minimum requirements for existing buildings. Every existing building shall be
accessible to fire department apparatus by way of designated fire lanes and fire apparatus
access roads as defined in the International Fire Code as adopted and amended by the State
Fire Marshal and incorporated by reference into the City of Milton Code. In addition to
the requirements set forth in the International Fired Code, fire lanes and fire apparatus
access roads shall meet all minimum requirements of Chapter 22 of the City Code.
(1) The fire official shall have the authority to require an increase in the minimum
widths of fire lanes and fire apparatus access roads where they are inadequate for fire
or rescue operations.
(2) The creation, deletion, or modification of a fire lane shall be done in the fire
official's best professional judgment in order to provide adequate fire and rescue
operations.
(b) Minimum requirements for new construction:
(1) Fire lanes and fire apparatus access roads for new construction shall be developed
in compliance with the provisions of Chapter 22 of the City Code and the currently
adopted State Minimum Fire Safety Standards.
(2) Fire apparatus access roads as defined by the currently adopted edition of the
International Fire Code shall comply with the following:
a. Fire apparatus access roads shall be a minimum of26 feet wide as
measured from the back of curb where no designated on-street parking is
provided. Roadways from between 20 feet and 26 feet shall be marked as fire
lanes in accordance with this chapter.
b. Where the new construction development provides clearly marked on-
street parking spaces, fire apparatus access roads shall be a minimum of20
feet wide as measured from the face of curb for on-street parking spaces in
addition to the 20 foot driving lanes.
c. Alleyways are permitted for access in a residential subdivision provided
that no structure is more than 150 feet from a fire apparatus access road with
an unobstructed means of firefighter access as approved by the fire marshal.
d. Cui-de-sacs shall have a minimum turning radius of 48 feet, measured from
the back of curb.
e. There shall be a minimum roadway turning radius of35 feet on all fire
apparatus access roads.
f. There shall be a minimum vertical clearance of 13 feet, six inches on all fire
apparatus access roads.
g. Gates on fire department access roads shall have a minimum of 15 feet
clear width and provide approved key lock box access in accordance with this
chapter.
Page 13 of 19
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 15-06-248
h. Multi-family residential developments with more than 200 units and one-
and two-family residential developments with more than 30 dwelling units
shall include at least two separate fire apparatus access roads.
i. The requirements of this subsection (b )(2) shall not apply to driveways
leading to one or two Group R-3 occupancies or Group U occupancies, as
defined by the International Fire Code.
(3) Distribution of hydrants along fire apparatus access roads shall be determined by
reference to Appendices Band C of the currently adopted version of the International
Fire Code.
(4) During construction, when combustibles are brought onto the site in such
quantities as deemed hazardous by the fire official, access roads and a suitable
temporary supply of water acceptable to the fire department shall be provided and
maintained.
(c) Conflicts between this section and other City of Milton development and zoning
standards shall be addressed by conference among the fire marshal, the Public Works
department, and the Community Development Department.
(1.) In such cases, deviation from these standards may be approved by the fire
marshal when the developer can show that meeting the standard is impracticable based
on topographical or other physical site characteristics while still protecting the public
health, safety and welfare.
(2.) In the case of an approved deviation, the fire marshal may require alternative site
concessions to ensure the fire department can access the proposed structures within the
spirit of the fire code requirements. Such alternative site concession shall be
determined with consideration ofthe provisions of Appendix D of the currently
adopted International Fire Code.
(d) Appeal. Any owner of a building aggrieved by the decision of the fire official under
this section may appeal the fire official's decision to the city manager within 30 days from
the date of the fire official's decision. All appeals to the city manager shall be in writing
setting forth the reasons for the appeal. The city manager shall issue a written decision to
the owner within 30 days from the receipt of the written appeal from the owner.
(e) Sign and marking criteria for identification of designated .fire lanes.
( 1 )The areas designated as fire lanes shall have signs posted meeting the following
criteria:
a. Signs to read "No Parking Fire Lane."
b. Letters shall not be less than two inches in height.
c. One sign shall be posted at the beginning of the fire lane and one at the
end of the fire lane; each sign shall be erected not more than 50 feet apart.
d. Signs posted shall not be more than four feet from the edge of the curb and
shall be visible from both direction of the driving surface.
(2) Additional requirements. The fire official may order curbs to be painted red or other
distinctive colors.
Page 14 of 19
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 15-06-248
(Ord. No. 06-11-60, § 1(ch. 15, art. 4, § 3), 11-21-2006,· Ord. No. 08-03-05, § 1(ch. 15, art.
4, § 3), 3-1 7-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 4, § 3), 6-2-2008; Ord. No. 08-08-19,
§ 1(ch. 15, art. 5, § 3), 8-18-2008)
• Sec. 22-114.-Approval; property owner responsible for maintenance.
All fire lanes shall be approved by the fire official pursuant to these regulations, and
thereafter these fire lanes shall be maintained by the property owner. Designated fire lanes or
roads deemed necessary for the fire department access by the fire official shall be maintained
in a passable condition as follows:
(l)Private property owners or their representatives shall be responsible for keeping all fire
lanes on their property free from obstructions.
(2)Public property owners, the city, or their representatives shall be responsible for keeping all
fire lanes within the city's jurisdiction free of obstructions.
(Ord. No. 06-11-60, § 1 (ch. 15, art. 4, § 4), 11-21-2006; Ord. No. 08-03-05, § 1 (ch. 15, art. 4, §
4), 3-17-2008; Ord. No. 08-06-08, § 1 (ch. 15, art. 4, § 4), 6-2-2008; Ord. No. 08-08-19, §
1 (ch. 15, art. 5, § 4), 8-18-2008)
• Sec. 22-115.-Unlawful to place "Fire Lane" signs in areas not so designated.
(a)No person or property owner shall place, erect or maintain any sign for control of
parking or traffic which includes the words "Fire Lane" unless such location has been
designated a fire lane by the fire official. Any failure to meet the applicable requirements
specified in section 22-113 shall be subject to a fine of $150.00 for each violation;
provided, however, that the fine will be waived if the required specifications are made
within 14 days from the date of the citation.
(b)Ifthat private or public property owner fails or refuses to meet said requirements on his
or her property within such 14 days he or she shall, on the 15th day after receiving the
citation, be subject to the $150.00 fine for each violation and an additional $10.00 fine for
each violation for each day that the owner fails to comply with the provisions of this
section until the area is properly designated and constructed. Each additional day shall be
construed as an additional violation.
(c)All fines assessed under this section shall be paid into the city treasury.
(Ord. No. 06-11-60, § 1 (ch. 15, art. 4, § 5), 11-21-2006; Ord. No. 08-03-05, § 1 (ch. 15, art.
4, § 5), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 4, § 5), 6-2-2008; Ord. No. 08-08-19,
§ 1(ch.15, art. 5, § 5), 8-18-2008)
• Sec. 22-116.-Violations; exception for authorized emergency vehicle.
(a)No person shall park any motor vehicle, including a motorcycle, in a fire lane; provided,
however, this section shall not apply to the parking of an authorized emergency vehicle on
official business.
(b )Enforcement of this section shall be through a civil action in the municipal court by the
issuance of a ticket which shall be either left with the vehicle or delivered to the person in
Page 15 of 19
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 15-06-248
possession thereof. For purposes of such civil action, it shall be presumed that the
registered owner of said vehicle is in control or possession thereof.
(!)Fine amounts. The first violation of parking in a fire lane within any 30-day period shall
be punished by a $25.00 civil fine; provided, however, the second violation within any 30-
day period shall be punishable by a civil fine of$40.00; and a civil fine of$50.00 may be
levied for each violation thereafter occurring within any 30-day period.
(2)Payment within 48 hours or request for hearing required The person receiving a ticket
for a violation of this section may pay the civil fine by return mail to the city municipal
court or its designated receiver within 48 hours of the issuance of the ticket or may request
a hearing within 48 hours to contest the issuance of the ticket. In the event the civil fine is
not paid within 48 hours, the municipal court may issue a citation for contempt requiring
the offender to show cause why he or she failed to pay the fine within the time frame
allowed by this section. Upon conviction thereof, the municipal court may impose a fine as
provided by law.
(c)Upon any person to whom a ticket has been issued under this section, a uniform traffic
citation may be obtained with a hearing date thereon from the police officer or uniformed
fire inspector whereupon it shall be returnable to the municipal court.
( d)Violation of this section shall be enforced through a civil action. The burden of proof
shall be on the city. The standard of proof shall be by a preponderance of the evidence;
provided, however, the aforementioned presumption in subsection (a) ofthis section shall
apply.
(Ord No. 06-11-60, § 1(ch. 15, art. 4, § 6), 11-21-2006; Ord No. 08-03-05, § 1(ch. 15, art.
4, § 6), 3-1 7-2008; Ord No. 08-06-08, § 1 (ch. 15, art. 4, § 6), 6-2-2008; Ord No. 08-08-19,
§ 1 (ch. 15, art. 5, § 6), 8-18-2008)
• Sec. 22-117.-Authority of law enforcement officer and fire inspector to enforce article.
A duly authorized law enforcement officer employed by the city and uniformed fire
inspectors shall have the authority for enforcement of fire lanes.
(Ord No. 06-11-60, § 1 (ch. 15, art. 4, § 7), 11-21-2006; Ord No. 08-03-05, § 1 (ch. 15, art. 4, §
7), 3-17-2008; Ord No. 08-06-08, § 1(ch. 15, art. 4, § 7), 6-2-2008; Ord No. 08-08-19, §
1 (ch. 15, art. 5, § 7), 8-18-2008)
• Sec. 22-118.-Authority in emergency situations.
(a)In addition to all powers authorized by state law, in the event of any fire, explosion,
bomb threat, or similar emergency, the city fire department shall be authorized to prevent
the blocking of any public or private street, r.oad or alley, way or driveway, or emergency
lane, during any such emergency or remove any vehicles or obstructions necessary.
(b )The officers, members, agents or employees of the city fire department shall not be
liable at law for any act done while actually fighting a fire or performing duties at the
scene of an emergency.
Page 16 of 19
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 15-06-248
(Ord. No. 06-11-60, § 1(ch. 15, art. 4, § 8), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art.
4, § 8), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 4, § 8), 6-2-2008; Ord. No. 08-08-19,
§ 1 (ch. 15, art. 5, § 8), 8-18-2008)
• Sec. 22-119.-Disclaimer of liability for enforcement of article pertaining to
maintenance and clearing.
The city assumes no liability for any damages, injuries, or deaths resulting from
enforcement or lack of enforcement of the laws pertaining to maintenance and clearing of the
fire lanes. The city has the authority to issue individual tickets or citations for fire lane
violations, but the property owner has the ultimate responsibility to clear the fire lanes.
(Ord. No. 06-11-60, § 1 (ch. 15, art. 4, § 9), 11-21-2006; Ord. No. 08-03-05, § 1 (ch. 15, art. 4, §
9), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 4, § 9), 6-2-2008; Ord. No. 08-08-19, §
1 (ch. 15, art. 5, § 9), 8-18-2008)
• Sec. 22-120.-Enforceability of properly placed signs.
The disregard or disobedience of the instruction of any sign placed in accordance with
the provisions of this article by the driver of a vehicle shall be deemed prima facie evidence
of a violation of law, without requiring proof by whom and by what authority such sign has
been erected.
(Ord. No. 06-11-60, § 1 (ch. 15, art. 4, § 1 0), 11-21-2006; Ord. No. 08-03-05, § 1 (ch. 15, art. 4, § 1 0), 3-1 7-
2008; Ord. No. 08-06-08, § 1 (ch. 15, art. 4, § 1 0), 6-2-2008; Ord. No. 08-08-19, § 1 (ch. 15, art. 5, § 1 0),
8-18-2008)
• Sees. 22-121-22-139.-Reserved.
ARTICLE VI.-APPLICABILITY OF FIRE REGULATIONS
• Sec. 22-140.-Petition requesting application of chapter to properties.
Properties may become subject to this chapter by submitting a petition from the property
owner or fully authorized agent of the property owner requesting this chapter to apply. The
petition shall be submitted to the fire official and, upon approval, the property shall become
subject to this chapter and its subsequent revisions.
(Ord. No. 06-11-60, § 1(ch. 15, art. 4, § 11), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 4, §
11), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 4, § 11), 6-2-2008; Ord. No. 08-08-19, §
1 (ch. 15, art. 5, § 11), 8-18-2008)
• Sec. 22-141.-Plat descriptions for fire official.
Page 17 of 19
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 15-06-248
(a) Any property which falls within the city's jurisdiction shall have all fire delineations
visually depicted on a plat. These plats shall be designed by the owner and submitted to the
city fire department and copies shall be maintained with the city clerk. Each visual
depiction shall identify all:
( 1) Building exterior walls;
(2) Traffic and parking lanes; and
(3) Sidewalks.
(b) The area to be designated as a fire lane shall be delineated in red ink. The plat shall
state a scale of measurement. The plat identification shall specify the name of the
property, a brief legal description of the property, and the length and width of the fire lane,
as approved by the fire official, with whom all master plats will be filed .
(Ord. No. 06-11-60, § 1(ch. 15, art. 4, § 12), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art.
4, § 12), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 4, § 12), 6-2-2008; Ord. No. 08-08-
19, § 1 (ch. 15, art. 5, § 12), 8-1 8-2008)
• Sees. 22-142-22-160.-Reserved.
ARTICLE VII. -BUILDING NUMBERING
• Sec. 22-161.-Responsibility of property owner or occupant.
All owners and occupants of improved real property lying within the city are required to post
the address of such real property owned or occupied by them with the street address assigned
to such property by the city, in such manner that said address is clearly visible and legible
from the street on which the improvement on such property fronts. The obligation hereby
imposed shall be the joint duty of all owners and occupants of improved real property lying
within the city who are over 18 years of age.
(Ord. No. 06-11-60, § 1 (ch. 15, art. 3, § 13), 11-21-2006; Ord. No. 08-03-05, § 1 (ch. 15, art. 3, §
13), 3-17-2008; Ord. No. 08-06-08, § 1 (ch. 15, art. 3, § 13), 6-2-2008; Ord. No. 08-08-19, §
1 (ch. 15, art. 4, § 12), 8-1 8-2008)
• Sec. 22-162.-Six month grace period.
All owners of apartment complexes lying within the city are required to post the building
identified for each apartment building within the complex, whether the identifier be a number
or letter or a combination thereof, in such manner that said building identifier is clearly
visible and legible from the street or private drive on which each building fronts . The
identifier for each building within apartment complexes lying within the city will be a
minimum of one foot in height, will contrast with the building itself so as to be highly visible,
will be reflective so as to be seen easily in darkness and will not be obstructed at any time by
natural or manmade objects. All owners of apartment complexes lying within the city will
have a grace period of six months from the effective date of the ordinance from which this
article is derived to come into compliance.
Page 18 of 19
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 15-06-248
(Ord. No. 06-11-60, § 1 (ch. 15, art. 3, § 13), 11-21-2006; Ord. No. 08-03-05, § 1 (ch. 15, art. 3, §
13), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 13), 6-2-2008; Ord. No. 08-08-19, §
1(ch. 15, art. 4, § 12), 8-18-2008)
• Sec. 22-163.-Fine.
All persons who violate this section shall be subject to a fine in an amount set by city council
resolution. If the person does not remedy the violation, every 30 days shall be deemed a
separate offense.
(Ord. No. 06-11-60, § 1 (ch. 15, art. 3, § 13), 11-21-2006; Ord. No. 08-03-05, § 1 (ch. 15, art. 3, §
13), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 13), 6-2-2008; Ord. No. 08-08-19, §
1(ch.15, art. 4, § 12), 8-18-2008)
Page 19 of 19