File #: 18-152    Version: 1 Name:
Type: Order Status: Passed
File created: 8/3/2018 In control: Town Council
On agenda: 8/7/2018 Final action: 8/7/2018
Title: To adopt amendments to the Fire Prevention and Life Safety Code, Chapter 95 of the Town of Windham: Whereas, certain provisions of the Fire Prevention and Life Safety Code ("Fire Code") are inconsistent with State law, and Whereas, the Town Council wishes to eliminate a particular inconsistency which is impacting the ongoing development of property NOW THEREFORE it is hereby ordained as follows: ?95.4.1 of the Fire Code is amended as follows: All new buildings, structures, or dwellings containing at least 7,500 10,000 gross square feet of enclosed area serviced by public water or within 1,000 linear feet of a hydrant serviced by the Portland Water District, or 4,000 gross square feet of enclosed area not serviced by public water or greater than 1,000 linear feet from a hydrant serviced by the Portland Water District, with the exception of single- and two-family dwellings, shall be required to have an approved automatic fire sprinkler system in all areas of the buildings and mu...
Attachments: 1. Cover Sheet 18-152, 2. ORDINANCE AMENDING THE FIRE PREVENTION AND LIFE SAFETY CODE FOR THE TOWN OF WINDHAM
I. Council Action Requested.
Title
To adopt amendments to the Fire Prevention and Life Safety Code, Chapter 95 of the Town of Windham:

Whereas, certain provisions of the Fire Prevention and Life Safety Code ("Fire Code") are inconsistent with State law, and

Whereas, the Town Council wishes to eliminate a particular inconsistency which is impacting the ongoing development of property

NOW THEREFORE it is hereby ordained as follows:

?95.4.1 of the Fire Code is amended as follows:

All new buildings, structures, or dwellings containing at least 7,500 10,000 gross square feet of enclosed area serviced by public water or within 1,000 linear feet of a hydrant serviced by the Portland Water District, or 4,000 gross square feet of enclosed area not serviced by public water or greater than 1,000 linear feet from a hydrant serviced by the Portland Water District, with the exception of single- and two-family dwellings, shall be required to have an approved automatic fire sprinkler system in all areas of the buildings and must comply with this article.

Emergency Declaration

The Town Council declares the existence of an emergency because the Code of Ordinances is insufficient to prevent public harm to property caused by inconsistent legal requirements.

In accordance with Article II, Section 11(D) of the Town Charter, this ordinance shall be enacted as an emergency ordinance. It shall stand repealed as of the sixty-first (61st) day following enactment, unless the Town Council shall have acted to reenact it.
Body
II. Basis for Council Action.

Council approval of this item is required because;

a. Pursuant to Article I, Section 2 of the Charter the town "may enact reasonable by-laws, regulations and ordinances for municipal purposes, not inconsistent with the Constitution and laws of the State of Maine,"
b. Pursuant to Article I, Section 2 of the Charter "the administration of all the fiscal, prudential and municipal affairs of said Town, with the government there...

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