Ordinance Review - October 8th 2013

ORDINANCE REVIEW COMMITTEE
MEETING MINUTES
Mayfield
Village
October 8, 2013    

The Ordinance Review Committee met in regular session on Tues, October 8, 2013 at 5:00 p.m. at the Mayfield Village Civic Center Conference Room. Chairman Bill Marquardt presided.

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ROLL CALL

Present: Mr. Bill Marquardt (Chairman), Mr. Jerry Catalano, and Mrs. Mary Ann Wervey

Also Present: Ms. Diane Calta (Law Department), Ms. Deborah Garbo (Secretary), Gino Carcioppolo (Interim Fire Chief), and Lt. Michael Girbino (Fire Marshal)

Absent: Mr. John Marrelli, Dr. Stephan Parker (Council Alternate), and Mr. Tom Cappello (Village Engineer)

CONSIDERATION OF MEETING MINUTES: Aug 13, 2013             

Mrs. Wervey, seconded by Mr. Catalano made a motion to approve the minutes of Aug 13, 2013.           

ROLL CALL

Ayes: All                              
Nays: None                           

Motion Carried. Minutes Approved As Written.

PROPOSALS:

  1. Removal of Dangerous Trees
    Section 1353.075
    (Bldg & Service Dept)
  2. Parking in Fire Lanes
    Section 351.03(s)
    Revise Local Fire Code Section 1501.04
    (Fire Dept)
  3. Open Burning; Recreational Fires; Portable Outdoor Fireplaces
    Revise Section 1511.05(2) C
    (Fire Dept)
  4. Department and Positions Established
    Revise Section 141.01(b)
    (Fire Dept)

 

OPEN PORTION:

Chairman Marquardt called the meeting to order beginning with removal of dangerous trees.    

Removal of Dangerous Trees

Ms. Calta stated we made a couple changes to include the ‘Service Director’ and we put in ‘time limits for compliance’. That’s the gist of the most recent revisions. I believe John is all o.k. with everything as it stands right now.

Ms. Garbo confirmed John is good with most recent revisions.

Chairman asked if there’s any urgency with this.

Ms. Garbo replied no.  

Mrs. Wervey asked Ms. Calta her opinion whether this is ready to send on to Council. 

Ms. Calta replied this is something John was looking for given what’s happened with a lot of the old trees and drought last year. If he’s satisfied with it, I’m satisfied. There might be things that come up as he implements the process that we may have to include in the future. I think for right now, this is what he’s looking for.

DECISION:

Mrs. Wervey, seconded by Mr. Catalano made a motion to approve revisions to Section 1353.075 as recommended by Ordinance Review Committee. 

ROLL CALL

Ayes: Mr. Marquardt, Mr. Catalano, Mrs. Wervey               
Nays: None                                                   

Motion Carried. Recommendation to Council.


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Parking in Fire Lanes

Interim Fire Chief Carcioppolo said we’re proposing legislation that allows the Fire Marshal and the Fire Chief to cite fire lane parking violations, to administer parking tickets for parking in fire lanes.

Chairman asked if we ever had anything like this before.

Ms. Calta said you would designate the fire lane but you weren’t specifically authorized to cite. Now we’ve added that provision in two places; 1501.04 ENFOREMENT and the actual ordinance 351.03 PROHIBITED STANDING OR PARKING PLACES. We didn’t just do The Village’s Fire Chief. We did Fire Marshal, Assistant Fire Marshal, Municipal Fire Safety Inspector or the Fire Code Official.

Interim Fire Chief Carcioppolo said other departments allow everyone down to the Fire Fighter to do, but I don’t think that’s necessary here.

Lt. Girbino said we basically send code enforcement personnel.

Chairman Marquardt asked if we feel this is complete as written. 

Interim Fire Chief Carcioppolo replied yes. It’s pretty simple.

DECISION:

Mrs. Wervey, seconded by Mr. Catalano made a motion to approve revisions to Section 1501.04 and Section 351.03 as recommended by Ordinance Review Committee. 

ROLL CALL

Ayes: Mr. Marquardt, Mr. Catalano, Mrs. Wervey               
Nays: None                                                   

Motion Carried. Recommendation to Council.


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Open Burning; Recreational Fires; Portable Outdoor Fireplaces

Lt. Girbino said what we want to do here is simply make a small change by deleting some language. It deals with portable outdoor fireplaces in residential settings. The language we have right now is verbatim out of the 2011 Ohio Fire Code. That’s a document that’s frankly above and beyond one and two-family dwellings. That language was taken and put in our local ordinances. I believe it’s important for us to be able to enforce that on a local level. You can buy these portable outdoor fireplaces anywhere, and they’re great to have at home. I have one, but it’s really easy to have that thing right on top of your house without thinking about it. We’ve seen it in the past. We’ve gone out on open burning complaints. The people that have been operating these too close to their homes, we’ve been able to help them and explain to them why they can’t do that. But we didn’t have the total enforcement capability. Our code language just doesn’t give us the exemption that the State Code does.

Chairman asked for clarification. You want to remove the exception: 

Exception: Portable outdoor fireplaces used at one-and two-family dwellings.

Lt. Girbino said exactly.

Interim Fire Chief Carcioppolo said if you remove that exception then it would include one & two-family dwellings. By having that in there says we can’t enforce. You could understand the potential hazard by allowing people to put these chimneys close to their home.

Ms. Calta said it’s looking like it’s an exception to the exception which is not what you want to do. 

Lt. Girbino understands that. We just want to remove the exception from Section C; Portable Outdoor Fireplace.  

Ms. Calta said so you’re saying they shall not be operated within 15 feet of a structure or combustible material.

Interim Fire Chief Carcioppolo said by excluding that, it means if you’re a homeowner you can put a burning pit on the side of your house.

Chairman asked if we get many calls on this.

Interim Fire Chief Carcioppolo replied open burning, yes. I don’t remember having this particular incident happen, but if it did, just adopting the code itself is good.  

Chairman asked, what would you do if somebody already had one of these installed on their patio and it was only 12’ away?

Lt. Girbino replied we’re not going to go looking for it. If we get a call we’ll investigate it. If we find it’s being operated too close to their home, we’ll have a conversation and have it relocated. We’ll work with them on how and where to relocate it.

Chairman’s concern is if someone already has one of these installed in a fairly permanent type of a structure and it’s only 12 feet vs. 15 feet away from the house.

Mrs. Wervey clarifies that we are referencing ‘portable’ here.

Chairman said o.k., I was concerned about somebody having to tear up their whole patio.

NEXT STEP

Ms. Calta will make revisions for next meeting date of November 12th.

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Department and Positions Established

Interim Fire Chief Carcioppolo explained this would be removing the Part-Time Captain’s position. Our Part-Time Captain retired in 2006 I believe. He was the only Civil Service Part-Time Officer we had. There is no more Civil Service for that part-time range and that position will never be filled again. We’re proposing to strike that out of the Ordinance in terms of language. It’s outdated.

Chairman Marquardt asked if that’s the only change.

Interim Fire Chief Carcioppolo said that’s it.  

NEXT STEP

Ms. Calta will make revisions for next meeting date of November 12th.

ANY OTHER BUSINESS:

Chairman Marquardt asked if any other items for discussion.

There was not.

ADJOURNMENT:

Mrs. Wervey, seconded by Ms. Calta made a motion for adjournment. 

ROLL CALL

Ayes:    All                                                        
Nays:   None                             

Motion Carried.  Meeting adjourned at 5:20 p.m. 

 

Respectfully Submitted,

Deborah Garbo
Executive Assistant
Building Department