Attachment

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE AGENDA AUGUST 29, 2012 - 5:00 P.M. CITY HALL CONFERENCE ROOM 15 LOOCKERMAN PLAZA DOVER, DELAWARE Public comments are welcomed on any item and will be permitted at appropriate times. When possible, please notify the City Clerk (736-7008 or e-mail at CityClerk@dover.de.us) should you wish to be recognized. AGENDA ADDITIONS/DELETIONS 1. Proposed Ordinance #2012-05 Amending Chapter 46 - Fire Prevention and Protection 2. Prioritization of City of Dover State Capital Transportation Program (CTP) Projects 3. Update - Dover High School Construction 4. Briefing on Delaware Department of Transportation (DelDOT) Projects A. DelDOT Repaving Project B. West Dover Connector C. Route 8/Hazlettville Road Connector 5. Briefing on Dover/Kent County Metropolitan Planning Organization (MPO) Projects - Richard Vetter /tm S:\AGENDAS-MINUTES-PACKETS\Committee-Agendas\2012\08-29-2012 SA&T.wpd THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

ACTION FORM PROCEEDING: Safety Advisory & Transportation Committee DEPARTMENT OF ORIGIN: Planning & Inspections (Fire Marshal) DATE SUBMITTED: Aug. 17, 2012 PREPARED BY: David Truax, Fire Marshal SUBJECT: Housekeeping of Fire Prevention and Protection Ordinances REFERENCE: Dover Code, Chapter 46 – Fire Prevention and Protection; and Appendix F – Fees and Fines RELATED PROJECT: N/A APPROVALS: Ann Marie Townshend, AICP, Director of Planning & Community Development EXHIBITS: N/A EXPENDITURE REQUIRED: $ AMOUNT BUDGETED: $ FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: First reading September 10, 2012 and the Second reading September 24, 2012 RECOMMENDED ACTION: Staff recommends that the Committee forward the proposed ordinance to the City Council with a recommendation for adoption. BACKGROUND AND ANALYSIS This proposed ordinance would amend Chapter 46 - Fire Prevention and Protection and Appendix F - Fees and Fines to clarify existing language and create new subsections which would make it unlawful for any person to tamper with or impair any fire protection system from operating as designed; specify the authority of the fire marshal; prohibit open burning, commercial barbecuing, and outdoor fireplaces to be unattended at any time and authorize the fire marshal, code official, fire officer, or police to order the open burning extinguished; and remove the requirement for fire alarm installation reports. It would also create new sections to address fire hydrants and fire department connections; the report of a fire and spreading of alarm; unlawful regulations or orders; maintaining records for inspections; and marking rated walls.

CITY OF DOVER PROPOSED ORDINANCE #2012-05 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 2 MET: 3 That Chapter 46 - Fire Prevention and Protection, Article I - In General, Section 46-3 - Impairment of Fire 4 Protection Equipment, be amended by inserting the text indicated in bold, blue, italics and deleting the text 5 indicated in red strikeout as follows: 6 Sec. 46-3. - Impairment of fire protection equipment. 7 (a) Prohibited. It shall be a violation of this chapter for any owner, renter, lessor, or contractor, after 8 having been notified, in writing, by the fire marshal or code enforcement officer of any impairment 9 to fire protection equipment, including but not limited to fire hydrants, fire alarm systems, sprinkler 10 systems, commercial cooking ventilation and fire suppression systems, standpipes, and smoke 11 removal or pressurization systems, to allow it to remain impaired for any time beyond that allowed 12 by the fire marshal for repair. For the purposes of this section, the term "impairment" means any 13 effective lessening of the equipment to operate as designed, including times of maintenance and 14 annual testing. 15 (b) Impairment of fire protection systems. All fire protection systems, devices, units, and service 16 equipment shall be maintained in an operational condition at all times, and it shall be unlawful 17 for any person owning, controlling, or otherwise having charge of any fire protection system to 18 willfully or knowingly tamper with or impair the system from operating as designed without 19 proper approval. An approval form may be obtained from the fire marshal’s office. Approvals will 20 not be required for temporary impairments caused by periodic testing and inspection. Any 21 impairment which will render the system non-operational or out of service for more than eight 22 hours for testing and inspection purposes must be approved prior to the start of work. 23 (bc) Notification required. The owner, tenant, or contractor shall notify the Robbins Hose Company of 24 the city of any impaired fire protection equipment, and shall renotify the Robbins Hose Company 25 when the fire protection equipment has been restored to normal service. Certification from the 26 repairing contractor shall be required to verify that the system has been fixed and is functioning as 27 designed. 28 (cd) Fire watch required. When any impairment would cause a sprinkler system not to operate or a fire 29 alarm system not to detect and signal a fire, and if the building is to remain occupied, a fire watch 30 shall be established in that building or that portion of a building affected. It shall be the responsibility 31 of the owner or tenant to set up the fire watch. The fire watch shall consist of an hourly check of the 32 building or portion of the building affected, and a log kept, there stating the date, time of the checks, 33 and who was making the checks. This log shall be accessible for immediate inspection by the fire 34 chief, fire marshal, or code enforcement officer. 35 (e) Authority of fire marshal. The fire marshal or his/her designee is authorized to close any such 36 building or property where fire protection equipment is found to be impaired or non-operational 37 to ensure the life safety of the occupants. 38 (df) Fines. Any owner, occupant, contractor or body corporate found to be in violation of this section 39 shall be issued a summons as provided for in Appendix F—Fees and Fines.

Proposed Ordinance #2012-05 - Chpt 46 - Fire Prevention & Protection Page 2 40 BE IT FURTHER ORDAINED THAT 41 Chapter 46 - Fire Prevention and Protection, Article I - In General, Section 46-5 - Open burning, Paragraph 42 (f) - Prohibited, be amended by inserting the text indicated in bold, blue, italics and deleting the text 43 indicated in red strikeout as follows: 44 Sec. 46-5. - Open burning 45 (a) Definitions. The following words, terms and phrases, when used in this chapter, shall have the 46 meanings ascribed to them in this section, except where the context clearly indicates a different 47 meaning: 48 Barbecuing - Commercial. The preparation and cooking of food by way of gas grill, charcoal grill, 49 or other apparatus used for the cooking of food by way of flame produced through wood, charcoal, or gas 50 for the purpose of cooking food for the sale to and/or consumption by the general public. 51 Barbecuing—Recreational. The preparation and cooking of food by way of gas grill, charcoal grill, 52 or other apparatus used for the cooking of food by way of flame produced through wood, charcoal, or gas 53 for the purpose of cooking food for the consumption by a family and/or guests or by the membership of a 54 private organization or church congregation. 55 Open burning. The burning of materials wherein products of combustion are emitted directly into 56 the ambient air without passing through a stack or chimney from an enclosed chamber. 57 Outdoor fireplace. Any homemade or commercially produced fireplace, fire pit, or fire ring used for 58 the kindling of wood. 59 (b) Permit required. Open burning of structures, brush, or bonfires shall not be permitted without a 60 permit obtained from the fire marshal. 61 (c) Fire dimensions. Open burning, when permitted, shall be kindled in such a manner as not to be a 62 danger to other campers, recreational vehicles, tents, or structures and shall not be of a size greater 63 than 18 inches by 18 inches by 18 inches. Height of the fire shall be measured from the ground or 64 from the bottom of the inside of the container being used to kindle the fire. Open burning shall not 65 be kindled directly on the ground unless contained in a fire ring. 66 (d) Fire clearances and time restrictions. Outdoor fireplaces shall have 36 inches clearance from all 67 combustibles when in use. Portable fireplaces, fire pits, or fire rings shall be extinguished in a 68 residential area between the hours of 12:00 midnight and 8:00 a.m. 69 (e) Commercial barbecuing. Commercial barbecuing shall be permitted under the following conditions: 70 (1) The location has been approved by city licensing and inspections and the fire marshal and an 71 outdoor public gathering permit has been obtained. 72 (2) One fire extinguisher of not less than five pounds ABC is to be located within ten feet of the 73 cooking area. Cooking area and cooking fuels shall be secured from public access.

Proposed Ordinance #2012-05 - Chpt 46 - Fire Prevention & Protection Page 3 74 (3) Approval from the board of public health has been obtained. 75 (4) The operator shall make all reasonable attempts to avoid causing a nuisance to nearby property 76 owners with smoke, fumes, or sparks. 77 (5) All compressed flammable gas containers used for cooking shall be secured in such a way as to 78 prevent them from being knocked, tipped, or blown over. 79 Any commercial barbecuing operations which are a continual nuisance because of smoke, fumes, 80 or sparks shall be terminated by the code official or fire marshal and the outdoor public gathering permit 81 revoked until such time as the director of licensing and inspections is satisfied that the problem has been 82 corrected. 83 Barbecuing of any kind shall not be kindled within 200 feet of any fuel pump or storage tank fill. 84 Cooking grease shall not be disposed of by placing it directly on the ground or in storm water drains. 85 (f) Prohibited.—Multifamily residential dwelling units. In apartment buildings, condominiums, 86 or any other multifamily residential dwelling of three or more units by any other name, the 87 storage of propane tanks inside units or on balconies is prohibited. Recreational barbecuing 88 shall be prohibited on any balcony or under any overhanging portion or within 15 feet of any 89 structure, except that the use of electrical ranges or electrical grills shall be permitted. The use 90 of outdoor fireplaces on balconies is prohibited. 91 (1) Multifamily residential dwelling units. In apartment buildings, condominiums, or any other 92 multifamily residential dwelling of three or more units by any other name, the storage of 93 propane tanks inside units or on balconies is prohibited. Recreational barbecuing shall be 94 prohibited on any balcony or under any overhanging portion or within 15 feet of any 95 structure, except that the use of electrical ranges or electrical grills shall be permitted. The use 96 of outdoor fireplaces on balconies is prohibited. 97 (2) Unattended burning. It shall be prohibited for open burning, commercial barbecuing, and 98 outdoor fireplaces to be unattended at any time. In the event that any open burning, 99 commercial barbecuing, or outdoor fireplaces are found to be unattended, the fire marshal, 100 code official, fire officer, or police shall order the open burning extinguished. 101 (g) Fines. Any owner, occupant, contractor, or body corporate found to be in violation of this section 102 shall be issued a summons as provided for in Appendix F—Fees and Fines. 103 (h) Authority of the fire marshal. The fire marshal is authorized to impose a ban on open burning if 104 weather conditions do not safely permit open burning. The fire marshal or fire officer shall order any 105 fire extinguished that is deemed unsafe or not in compliance with this section of the Dover Code.

Proposed Ordinance #2012-05 - Chpt 46 - Fire Prevention & Protection Page 4 106 BE IT FURTHER ORDAINED THAT 107 Chapter 46 - Fire Prevention and Protection, Article I - In General, Section 46-7 - Preventable and 108 Malfunctioning Alarms to the Fire Company, be amended by inserting the text indicated in bold, blue, italics 109 and deleting the text indicated in red strikeout as follows: 110 Sec. 46-7. - Preventable and malfunctioning alarms to the fire company. 111 (a) Definitions. The following words, terms and phrases, when used in this section, shall have the 112 meanings ascribed to them in this subsection, except where the context clearly indicates a different 113 meaning: 114 Automatic telephone dialing device and digital alarm communicator system mean an alarm system 115 which automatically sends a prerecorded voice message or coded signal over regular telephone lines, by 116 direct connection or otherwise, indicating the existence of the emergency situation that the alarm system is 117 designed to detect. 118 Fee Fine means the assessment of a monetary charge, payable to the city, authorized pursuant to this 119 section, to defray the expenses of responding to a preventable alarm or alarm malfunction. 120 Fire alarm installation report means a report, in a form approved by the fire marshal, with the 121 following minimum information: 122 (1) The name, address, business and home telephone number of the owner, lessee, operator, manager 123 or person in possession of the premises wherein the alarm system is installed. 124 (2) The name, address, and telephone number of a minimum of two persons who can be notified by 125 the Robbins Hose Company in the event of the activation of the alarm system, who shall be 126 capable of responding to the premises within 30 minutes, and who is are authorized to enter the 127 premises to ascertain the status thereof. 128 Fire alarm malfunction means the activation of any alarm, which results in the response of the fire 129 department, caused by mechanical failure, malfunction, improper installation, or lack of proper maintenance. 130 Fire alarm system means any mechanical, electrical or radio-controlled device which is designed to 131 emit a sound or transmit a signal or message when activated or any such device which emits a sound and 132 transmits a signal or message when activated because of smoke, heat or fire. Without limiting the generality 133 of the foregoing, the term "fire alarm system" shall be deemed to include audible alarms at the site of the 134 installation of the detection device, proprietor alarms and automatic telephone direct dial devices or digital 135 alarm communicator systems. A single station alarm device shall not be deemed to be an alarm system under 136 this section. 137 Fire alarm technician means any person who inspects, installs, repairs or performs maintenance on 138 fire alarm systems and is licensed by the state or works under a state licensed alarm contractor. 139 Operative alarm system means an alarm system which the owner of a premises is required to 140 maintain in an operative condition pursuant to statute, law, ordinance, rule or regulation of the state or the 141 city.

Proposed Ordinance #2012-05 - Chpt 46 - Fire Prevention & Protection Page 5 142 Owner means any person who owns the premises in which an alarm system is installed or the person 143 or persons who lease, operate, occupy or manage the premises. 144 Premises means any building or structure, or combination of buildings and structures, which serve 145 as dwelling units, single-family or multifamily, or any other area within a building or structure, or 146 combination thereof, which is used for any purpose, other than residential, wherein an alarm system is 147 installed. 148 Preventible Preventable alarm means the activation of any alarm, which results in the response of 149 the fire department, caused by the negligence or intentional misuse of the system by the owner or his/her 150 employees, servants or agents; or any other activation not caused by heat, smoke or fire, exclusive of a "fire 151 alarm malfunction" as defined in this section. An alarm is not considered a preventible preventable alarm 152 if the alarm is activated due to malicious causes beyond the control of the owner. 153 Serve means hand-delivery, by a representative of either the fire department or police department, 154 to the owner or authorized representative who responded to the premises. In the event the owner or 155 authorized representative fails to respond to the premises within 30 minutes, the term "serve" shall mean 156 placing the form or other matter in the United States mail, addressed to the owner or authorized 157 representative. 158 Single-station alarm device means an assembly incorporating the detector, control equipment and 159 alarm-sounding device in one unit, operated from a power supply either in the unit, or obtained at the point 160 of installation. 161 (b) Fire alarm installation report. 162 (1) Required. Every person who installs, owns, leases, possesses or operates any fire alarm 163 system within the city shall notify the office of the fire marshal of the alarm system and 164 necessary information about the system through a fire alarm installation report, which 165 shall be completed and forwarded to the office of the fire marshal. When any of the 166 information required has changed, it shall be reported by the owner within 15 days of such 167 change. 168 (2) Test. No fire alarm system acceptance test shall be performed until the fire alarm 169 installation report is complete. It shall be the duty of the fire alarm installation company 170 to provide the owner with a current copy of the fire alarm installation report. 171 (cb) Responsibility for malfunctioning and preventible preventable alarms, owner response, and 172 corrective action. 173 (1) Generally. The responsibility for a preventable or malfunctioning alarm shall be that of the 174 owner of the premises in which the fire alarm system is installed. A response to a preventable 175 or malfunctioning alarm shall result when any fire marshal or member of the fire department 176 shall be dispatched to the premises where the alarm has been activated or learns of the activation 177 of the alarm system, by any means whatsoever, and responds thereto by traveling to that 178 premises. After responding to a malfunctioning or preventable alarm, the responding official 179 shall notify the owner or his/her authorized representative and such person shall thereupon travel 180 to the premises to ascertain the status thereof. Should the person notified fail to appear at said

Proposed Ordinance #2012-05 - Chpt 46 - Fire Prevention & Protection Page 6 181 premises within 30 minutes after being notified to do so, the city may charge fire marshal may 182 issue the owner of the premises a fee fine as provided for in Appendix F—Fees and Fines. The 183 official or member of the fire department who responded to said premises shall forward a fire 184 alarm activation report to notify the fire marshal's office. 185 (2) Malfunction. In the event of a fire alarm deemed by the responding official to be the result of a 186 fire alarm malfunction, the owner will be served a fire alarm activation report notice of 187 violation form, indicating that the activation was deemed to be the result of a fire alarm 188 malfunction, and requiring the owner to return a completed affidavit of service/repair within 189 15 days of said alarm activation, which can verify provide documentation that the fire alarm 190 component that caused the fire alarm malfunction has been corrected, to the satisfaction of 191 the fire marshal, and that the fire alarm system in question has actually been examined by a fire 192 alarm technician and that a bona fide attempt has been made to identify and correct any defect 193 of design, installation or operation of the fire alarm system which was identifiable as the cause 194 of the fire alarm malfunction. Failure to return an affidavit documentation of service/repair 195 within said 15-day period, the period of time stated on the notice of violation, which is 196 satisfactory to the fire marshal, will result in assessment against the owner of a fee fine for the 197 fire alarm malfunction as provided for in Appendix F—Fees and Fines. 198 (dc) Fee Fine charges; multiple fire alarm malfunctions or preventible preventable alarms. 199 (1) Amount of fee fine. A fee fine may be assessed for the third and subsequent malfunctioning or 200 preventable alarms at the same premises responded to by the fire department within the prior 201 12-month period. Thereafter, the fees fines, as provided for in Appendix F - Fees and Fines, shall 202 be paid by the owner for each preventable or malfunctioning fire alarm responded to by the fire 203 department at the same premises during a 12-month period beginning with the date of the first 204 alarm. 205 (2) Panel reset. Once a preventable alarm or fire alarm malfunction has been responded to by the 206 fire department, it shall be unlawful for the alarm panel to be reset by any person until the 207 authorization of the fire department has been obtained. A fee fine as provided for in Appendix 208 F—Fees and Fines may be assessed to the owner of a premises where the fire alarm has been 209 reset before the fire department or assisting fire department arrives. 210 (3) Insufficient alarms. When any premises are protected by a fire alarm system that, in the opinion 211 of the fire marshal or his/her deputy(ies), will not safely alarm the occupants of a fire, the fire 212 marshal or his/her deputy(ies) may close said building, or a portion of said building, to human 213 occupancy until the problem with the fire alarm is corrected and a written report from a licensed 214 fire alarm company is submitted to the fire marshal. 215 BE IT FURTHER ORDAINED THAT 216 Chapter 46 - Fire Prevention and Protection, Article I - In General, be amended by inserting a new Section 217 46-9 - Fire Hydrants and Fire Department Connections, to read as follows: 218 Sec. 46-9. - Fire hydrants and fire department connections.

Proposed Ordinance #2012-05 - Chpt 46 - Fire Prevention & Protection Page 7 219 (a) It shall be unlawful for any person to park, place, or keep any vehicle or object within ten feet of 220 a fire hydrant or fire department connection on any city street or public property. 221 (b) Fire hydrants public and private shall have their tops painted with the appropriate color to 222 indicate flow, and the remainder of the hydrant shall not be painted any color other than red 223 unless approved by the fire marshal and public works department. 224 (c) It shall be unlawful to knowingly impair or tamper with a fire hydrant or fire department 225 connection so as to make it non-operational when needed. 226 (d) It shall be unlawful for any person other than members of a fire department engaged in the 227 performance of their duties, any person in the event of an emergency endangering life or 228 property, or any city department for authorized purposes to open, use or take water from any fire 229 hydrant. 230 (e) During times of inclement weather, snow shall not be plowed or piled as to obstruct the use of fire 231 hydrants on private property. 232 (f) Fire hydrants shall be installed per the requirements of City of Dover Public Utilities 233 Water/Wastewater Handbook, NFPA requirements, and Delaware State Fire Prevention 234 Regulations. 235 BE IT FURTHER ORDAINED THAT 236 Chapter 46 - Fire Prevention and Protection, Article I - In General, be amended by inserting a new Section 237 46-10 - Notifying the Fire Department, to read as follows: 238 Sec. 46-10. - Report of fires required; spreading of alarm. 239 It shall be the duty of the owner, manager, occupant, responsible person or any person in direct 240 control of any building or premises of any kind, upon discovery of a fire or evidence of there having been 241 a fire even though it has apparently been extinguished, or upon receiving information that there is or was 242 a fire on the premises, to immediately and with all reasonable dispatch and diligence call or otherwise 243 notify the fire department of the existence, circumstances, and location of such fire and to spread an 244 alarm to all occupants of the building. This requirement shall not be construed to forbid any person to 245 use all diligence necessary to extinguish such fire prior to the arrival of the fire department. 246 BE IT FURTHER ORDAINED THAT 247 Chapter 46 - Fire Prevention and Protection, Article I - In General, be amended by inserting a new Section 248 46-11 - Unlawful Regulation or Order, to read as follows: 249 Sec. 46-11. - Unlawful regulation or order. 250 No person shall make, issue, post, or maintain any regulation or order, written or verbal, that 251 would require any person to take any unnecessary delaying action prior to reporting a fire to the fire 252 department.

Proposed Ordinance #2012-05 - Chpt 46 - Fire Prevention & Protection Page 8 253 BE IT FURTHER ORDAINED THAT 254 Chapter 46 - Fire Prevention and Protection, Article I - In General, be amended by inserting a new Section 255 46-12 - Maintaining Records for Inspections, to read as follows: 256 Sec. 46-12. - Maintaining records for inspections. 257 The building or property owner or manager of any occupancy required to have an annual fire/life 258 safety inspection conducted by the fire marshal’s office shall maintain a fire inspection log with the 259 documentation pertinent to that occupancy for the preceding three years, as follows: 260 (a) Annual fire alarm system certificate of inspections 261 (b) Annual fire suppression system certificate of inspections 262 (c) Annual hood suppression system certificate of inspections 263 (d) Annual elevator certification of inspection 264 (e) Annual fire extinguisher inspection paperwork 265 (f) Six-month steam cleaning paperwork for hood suppression system 266 (g) Two year boiler inspection paperwork 267 (h) Three or five year electrical inspection paperwork 268 (i) Current respondent information 269 (j) Monthly fire extinguishers visual check 270 (k) Monthly exit lights test 271 (l) Monthly emergency lighting test. 272 (m) Monthly generator run 273 (n) Self-closing fire door & exit hardware 274 (o) Fire drills 275 BE IT FURTHER ORDAINED THAT 276 Chapter 46 - Fire Prevention and Protection, Article III - Fire Codes, Section 46-124 - Fire Marshal, be 277 amended by inserting the text indicated in bold, blue, italics as follows: 278 Sec. 46-124. - Fire marshal. 279 (a) Selection. There shall be a fire marshal, who shall be selected by the city council at its annual 280 meeting. 281 (b) Fire prevention. The fire marshal or his/her authorized agent shall enforce this article and any other 282 fire prevention provisions of this Code and any other fire prevention regulations applicable to the 283 city. 284 (c) Investigation of fires. The fire marshal or his/her deputies shall be responsible for the investigation 285 of the origins and causes of fires and explosions within the corporate limits of the city, which involve 286 the loss of life or injury or cause destruction or damage to property. Such investigation shall be 287 initiated immediately upon the occurrence of such fire or explosion. Upon request of the fire 288 marshal, the city police shall be authorized to assist the fire marshal in the performance of his/her 289 duties. When any fire or explosion is found to be suspicious or criminal in nature or causes serious 290 injury or death, the fire marshal or his/her deputies shall contact the city police and, per the

Proposed Ordinance #2012-05 - Chpt 46 - Fire Prevention & Protection Page 9 291 agreement of the fire marshal and chief of police, conduct a joint investigation into the origin and 292 cause of the fire or explosion. 293 (d) Hazardous conditions. When, in the opinion of the fire marshal or code official, a fire or life safety 294 hazard is of imminent danger to occupants of a building, structure or outdoor event, the fire marshal 295 or code official may order the unsafe condition removed, said building or structure evacuated or 296 outdoor event terminated. 297 (e) Right of entry. The fire marshal or his/her designee is authorized at all reasonable times to enter 298 and examine any building, marine vessel, vehicle, or premises for the purposes of making fire 299 safety inspections. Before entering a private building or dwelling, the fire marshal or his/her 300 designee shall obtain the consent of the occupant thereof or obtain a search warrant authorizing 301 his/her entry for the purpose of inspection, except in those instances where an emergency exists. 302 As used in this section, "emergency" means circumstances which the fire marshal or his/her 303 designee knows or has reason to believe exist, and which reasonably may constitute immediate 304 and grave danger to life or property. 305 (f) Implied consent. Application for, or acceptance of, any license or permit requested or issued 306 pursuant to City Code constitutes agreement and consent by the person making the application 307 or accepting the license or permit to allow the fire marshal or his/her designee to enter the 308 premises at any reasonable time to conduct such inspections as required by this code or deemed 309 necessary by the fire marshal or his/her designee to determine compliance with the requirements 310 for such license or permit. 311 (g) The fire marshal or code official may placard any building damaged by fire or explosion as being 312 a health hazard and unsafe to enter. No one shall enter any building having been placarded by 313 the fire marshal or code official as being a health hazard and unsafe without first contacting the 314 fire marshal. 315 (h) It shall be unlawful to enter any premise, structure, building, or vehicle which has been damaged 316 by fire or explosion for the purpose of removing, altering or tampering with any part of the 317 structure, appliance, or object identified and tagged by the fire marshal as being a possible 318 ignition source or cause of the fire or explosion, without approval of the fire marshal, until the 319 conclusion of the investigation. 320 BE IT FURTHER ORDAINED THAT 321 Chapter 46 - Fire Prevention and Protection, Article III - Fire Codes, be amended by inserting a new Section 322 46-128 - Marking Rated Walls, to read as follows: 323 Sec. 46-128. - Marking Rated Walls 324 (a) Fire walls, fire barriers, shaft enclosures, fire partitions, and smoke barriers shall be labeled with 325 their rating. Markings shall be red in color, located on both sides of the separation wall, a 326 minimum of four inches in height, and no more than fifteen feet apart for the length of the wall. 327 Markings shall be visible when ceiling tiles are removed for inspection.

Proposed Ordinance #2012-05 - Chpt 46 - Fire Prevention & Protection Page 10 328 (b) Ratings are to be marked as follows: 329 One hour separation. . . . . . . . . . . . . . . . . . . . . 1HR 330 Two hour separation. . . . . . . . . . . . . . . . . . . . . 2HR 331 Three hour separation. . . . . . . . . . . . . . . . . . . 3HR 332 Four hour separation. . . . . . . . . . . . . . . . . . . . 4HR 333 Smoke Barriers. . . . . . . . . . . . . . . . . . . . . . . . . . SB 334 BE IT FURTHER ORDAINED THAT 335 Chapter 46 - Fire Prevention and Protection, Article IV - Public Occupancies, Section 46-168 - Reinspection 336 Fee, be amended by inserting the text indicated in bold, blue, italics and deleting the text indicated in bold, 337 red, strikeout as follows: 338 Sec. 46-168. - Reinspection fee. 339 (a) Amount. There is hereby created a reinspection fee as provided for in Appendix F—Fees and Fines 340 that shall be charged for any repeated violation cited by the fire marshal, determined to be a violation 341 and which requires a follow up inspection to confirm the correction of the violation. 342 (b) Sending of bill. Reinspections for the above referenced violations shall cause the fire marshal 343 to direct a bill to be sent to the operator having had such violations. Fee attached. A fee may 344 be attached to any summons written for any violation found to still be uncorrected upon 345 reinspection. 346 (c) Failure to pay. Failure to pay the reinspection fee within ten days from the receipt of such bill 347 may permit the city's fire marshal to suspend, without warning, notice or hearing, any permit 348 to operate a public occupancy for noncompliance with the requirement of this section. 349 BE IT FURTHER ORDAINED THAT 350 Appendix F - Fees and Fines, be amended by inserting the text indicated in bold, blue, italics, as follows: 351 Sec. 46-3 Impairment of Fire Protection Equipment Subsec. (d)(f) Fines ..... $50.00 first offense; $100.00 second and subsequent offenses 352 Sec. 46-7 Preventable and malfunctioning alarms to the fire company Subsec. Responsibility for malfunctioning and Should the person (c)(b)(1) preventable alarms, owner response, and notified fail to corrective action; Generally ..... appear at said premises within 30 minutes after being

Proposed Ordinance #2012-05 - Chpt 46 - Fire Prevention & Protection Page 11 notified to do so, the city may charge the owner of the premises a fee fine of $75.00 Subsec. (c)(b) Responsibility for malfunctioning and Failure to return an (2) preventable alarms, owner response, and affidavit corrective action; Malfunction ..... documentation of service/repair within said 15-day period, the period of time stated on the notice of violation, which is satisfactory to the fire marshal, will result in assessment against the owner of a fee fine for the fire alarm malfunction Subsec. (d)(c) Fee Fine charges; multiple fire alarm malfunctions or preventable (d)(1) alarms; Amount of fee fine Number of preventable or malfunctioning Fee Fine per fire alarms ..... preventable or malfunctioning fire alarm Third ..... $75.00 Fourth ..... $100.00 Fifth ..... $200.00 All over fifth, each ..... $250.00 Subsec. Fee Fine charges; multiple fire alarm A $25.00 fee fine (d)(c)(2) malfunctions or preventable alarms; may be assessed to Panel reset ..... the owner of a premises where the fire alarm has been reset before the fire department or assisting fire department arrives

Proposed Ordinance #2012-05 - Chpt 46 - Fire Prevention & Protection Page 12 353 Sec. 46-168 Reinspection Fee Subsec. (a) Amount $25.00 for any repeated violation cited by the fire marshal, determined to be a violation and which requires a followup inspection to confirm the correction of the violation Subsec. (b) Fee Attached A fee may be attached to any summons written for any violation found to be uncorrected upon reinspection. 354 ADOPTED: * 355 S:\ORDINANCES\2012\Draft\2012-05 - Chapter 46 - Fire Prevention and Protection - Revised 08-16-2012.wpd 356 SYNOPSIS 357 This proposed ordinance would amend Chapter 46 - Fire Prevention and Protection 358 and Appendix F - Fees and Fines to clarify existing language and create new 359 subsections which would make it unlawful for any person to tamper with or impair 360 any fire protection system from operating as designed; specify the authority of the fire 361 marshal; prohibit open burning, commercial barbecuing, and outdoor fireplaces to be 362 unattended at any time and authorize the fire marshal, code official, fire officer, or 363 police to order the open burning extinguished; and remove the requirement for fire 364 alarm installation reports. It would also create new sections to address fire hydrants 365 and fire department connections; the report of a fire and spreading of alarm; unlawful 366 regulations or orders; maintaining records for inspections; and marking rated walls. 367 (SPONSORS: STAFF) 368 Actions History 369 August 29, 2012 - Scheduled for Consideration by the Safety Advisory and Transportation Committee

MEMORANDUM City of Dover P.O. Box 475 Dover, Delaware 19903 Phone: 302.736.7010 Fax: 302.736.4217 Date: August 20, 2012 To: Safety Advisory and Transportation Committee From: Ann Marie Townshend, AICP, Director of Planning & Community Development Scott D. Koenig, P.E., City Manager RE: 2012 Transportation Prioritization Each year, the City Council develops a list of transportation priorities and shares these priorities with the Secretary of Transportation for consideration as the Department of Transportation develops the State’s Capital Transportation Plan. We have reviewed the priorities approved in September 2011 by City Council, and we recommend the following priority ranking for the coming year. 1. West Dover Connector 2. Sidewalks on Route 8 in Vicinity of New Dover High School (new) 3. Route 8/Hazlettville Road Connector Garrison Oak Connector Road 4. Garrison Oak Connector Road 5. US Route 13 Sidewalk Construction 6. Loockerman Street/Forest Street Improvements 7. Dover Transit Hub – Public/Private Partnership for Building 8. US Route 13 Service Road Corridor 9. Kenton Road Corridor Upgrades 10. College Road Corridor Upgrades 11. Kings Highway/Route 13 Intersection Improvements (new) 12. Crawford Carroll Avenue Extension We look forward to discussing this prioritization with the Committee on August 29th.

STATE OF DELAWARE DEPARTMENT OF TRANSPORTATION 800 BAY ROAD P.O. Box 778 DOVER, DELAWARE 19903 SHAILEN P. BHAlT SECRETARY August 7, 2012 Mr. Thomas J. Leary Council President, City of Dover P.O. Box 475 Dover, Delaware 19903 Dear M r. Leary, I am in receipt of your July 9, 2012 correspondence regarding safety concerns associated with the opening of the new Dover High School on State Route 8. We certainly understand the need to provide safe ingress and egress for vehicular, pedestrian and bicycle traffic on all of our roads. As indicated in your letter, the traffic signal warrant analysis performed by the Capital School District does not support the installation of a traffic signal at the eastern school entrance. This does not mean that a traffic signal will never be warranted at this location, just not at this time. Installation of a traffic signal can sometimes have negative consequences, such as increased delays and rear end crashes. For these reasons, the Department must follow adopted guidance and standards when making the determination to install a traffic signa\. There are certain pedestrian and vehicular warrants that may trigger the need for a standard traffic signal, but without the school being open, we can only estimate the volumes of pedestrian and vehicle traffic that may cross SR 8 in this area. The study completed by the school district and their engineer did just that based upon their local and best knowledge of the student population in the area. We can reevaluate the vehicular and pedestrian traffic volumes in this location once the school opens and traffic stabilizes. As you are aware a traffic signal will be installed at the western entrance to the new school by the planned opening. Regarding your request for sidewalk installation along the north side of SR 8, we do not disagree that it would be preferable to have a sidewalk in this location for the reasons stated in your letter. This installation will likely require right of way acquisition, and possibly utility and drainage relocations in addition to the actual sidewalk construction. A project such as this requires funding that is not currently programmed in our capital transportation program. We did investigate funding the work through the federal Safe Routes to School Program; however high schools are not eligible to receive those funds. In the absence of readily available funds, we suggest that you work with the Dover/Kent Metropolitan Planning Organization (MPO) to prioritize this project against other needs in the City and County. The MPO is directly involved with the development of our capital transportation program each year. Another De/DOT

Mr. Thomas Leary August 7, 2012 Page 2 option may be to obtain legislative funding through the Community Transportation Fund (CTF). I have directed my staff to prepare a cost estimate for this work so that you can discuss this with the MPO and/ or legislators. We will forward the estimate in the next few weeks. Thank you for expressing your concerns. We look forward to working with you to find satisfactory solutions. NB cc: Senator Brian Bushweller Representative Darryl Scott Nicole Majeski, Acting Chief of Staff atalie Barnhart, Chief Engineer Jennifer Cohan, Acting Director, Planning Geoff Sundstrom, Director, Public Relations Joseph Wright, Director, Maintenance & Operations Brian Urbanek, Assistant Director Donald Weber, Assistant Director, Traffic Tina Shockley, Legislative Liaison Scott Koenig, City Manager, City of Dover Ann Marie Townshend, Director of Planning and Community Development