TO: Mayor and Council FROM: Joseph A. Gorman, Fire Chief DATE: July 19, 2004 SUBJECT: ORDINANCE TO AMEND SECTION 9:111 AND ADD NEW SECTION 9:119, OF CHAPTER 111, FIRE PREVENTION, OF TITLE IX OF THE CODE OF THE CITY OF ANN ARBOR. The goal of the Fire Department is to increase safety in the community by eliminating hazards in collaboration with other city departments and community groups. In order to accomplish this goal, we are submitting an ordinance to adopt a new section in the fire code as well as an amendment to an existing section of the fire code (section 9:111). The proposed new section is a prohibition against the use of upholstered furniture in outdoor residential locations. The amendment to section 9:111 is required to establish a civil infraction penalty for violating the upholstered furniture prohibition. We are proposing to add a $100.00 civil infraction for violating the prohibition of upholstered furniture in outdoor locations. This fine is modest compared to the East Lansing fine of $500.00. The fine is primarily against the resident who violates the prohibition, but may also be applied to the owner agent when problems are not abated. References to the International Fire Code (IFC) that required correction have been made in the penalties chart. Upholstered furniture in outdoor locations Many university communities have imposed bans on upholstered furniture from porches, balconies, and locations outside of dwellings. Upholstered furniture is highly combustible and/or flammable depending on its age and condition. Placing upholstered furniture on front porches can create fire conditions near the primary entrance / exit that can impede the occupants’ abilities to escape from a fire. This was clearly demonstrated recently in Ann Arbor where an early morning fire originated on a front porch couch forcing eleven residents to flee and several had to jump from second story windows to escape. Other college communities have suffered even greater tragedies. In April 2003, an arson fire in Columbus, Ohio originating on a sofa on the front porch killed five students. A September 2003 fire originating on the front porch of an apartment house at the University of Minnesota Twin Cities claimed the lives of three students. Other reasons for enacting these bans is that sofas and other upholstered furniture are readily available fuel sources in civil disobedience situations, political protest, and revelry generally associated with sporting events, and other situations that often occur in university communities where numerous fires are often set. The Fire Department hopes to achieve a reduction in nuisance-type fires where sofas are often burned in the streets in the middle of the night at the end of the winter semester. An added benefit from this ordinance may be the reduction of special trash pick-ups at the end of the school year as well. In drafting this ordinance, the Fire Department researched community practices in the following college communities: Ames, Iowa; East Lansing, Michigan; Boulder, Colorado; Manhattan, Kansas; Tuscaloosa, AL; Athens, GA; State College Borough, PA; Salisbury, NC; and Bowling Green, KY. These communities have prohibited upholstered furniture in outdoor locations in a variety of code sections including solid waste, public health, property maintenance, and the fire code. This is related to the fact that upholstered furniture in outdoor locations creates several additional problems including a blighted appearance of the neighborhood, an attraction for the homeless, and a breeding area for pestilence when sofas become damaged, ripped or weather-exposed. We worked collectively with the Housing Division, Solid Waste, and Community Standards to develop an ordinance that includes provisions for proper disposal, reuse and recycling and incorporating landlords in the mitigation process. It is our desire to see this ordinance largely enforced through leasing agreements and landlords first, prior to enforcement. While the issues of upholstered furniture in outdoor locations is related primarily to the safety of students in off-campus housing, the prohibition applies to all residential properties and does not delineate students and other renters. The proposed ordinance has been presented to the University of Michigan’s Off-campus Housing Advisory Board and has received support from the student groups represented as well as the landlord’s. The University of Michigan staff has offered its support in notifying students of the new ordinance prior to the start of the Fall 2004 semester. Prepared by: Douglas Warsinski, Fire Inspector Reviewed by: Joseph A. Gorman, Fire Chief Reviewed by: Daniel J. Oates, Safety Services Administrator Approved by: Roger W. Fraser, City Administrator Ordinance Language (Section 1 excluded—Section one revises the fee schedule reflecting the new $100 penalty). Section 2: That a new Section 9:119 be added to Chapter 111 of Title IX of the Ann Arbor City Code to read as follows: 9:119 UPHOLSTERED FURNITURE PROHIBITED Upholstered or other furniture designed or manufactured primarily for indoor use shall not be used or left: 1. On residential unenclosed, exterior porches or balconies 2. In an exposed open area of private property Exceptions: 1. Wood, metal or plastic furniture. 2. Outdoor patio furniture with weather resistant cushions 3. Upholstered furniture designated for pre-paid special pick-up by public or private haulers complying with sections 2:7 and 2:12 of Chapter 26 of this Code. Section 3: If this ordinance amendment or any portion thereof is held to be invalid by any court or competent jurisdiction, said decision shall not effect the validity of the remaining provisions. Section 4: This ordinance shall take effect ten days following passage and publication. Submitted by: Fire Department Date: July 19, 2004