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Self-service gas station and youth tobacco ordinances were polished up and refitted by the Macomb Township Board of Trustees on Aug. 24, bringing them up to date and in line with state laws.

The board first approved adopting an ordinance amendment to Chapter 6, Article IV, referencing self-service gas stations, Section 6-75. Fire Chief Robert Phillips said that this was to allow for the removal of fixed pipe dry chemical extinguishing systems.

“In 1988 the board approved language based on the fire code that was in effect at that time, that required all self-service gas stations within the township to install a fixed dry pipe chemical extinguishing system above each gas pump. In the event of a fire at or near the pump, the dry chemical system would activate and extinguish the fire,” Phillips said.

The current fire code, International Fire Code 2015, no longer requires these types of systems and permits their removal, according to Phillips.

“We have had several gas station owners contact us inquiring about the removal and we have been informed that the systems are antiquated and parts are no longer available to keep the systems operational. We worked with planning department and legal counsel to address the issue. We are recommending the adoption of the attached resolution that will allow for the proper removal of the systems,” Phillips said.

Phillips added new technology in gas pumps includes an emergency shut off system that was not available in 1988. He further addressed a potential hazard of the fixed pipe dry chemical extinguishing systems remaining in place when they are antiquated.

“About a month ago we had one gas station that it discharged for no reason and did extensive damage to vehicles that were there,” Phillips said. “Customers had pulled up to get gas and the system activated without any reason or warning. Nobody touched it, nobody did anything. They just blew a part and so it resulted in two vehicles with extensive damage.”

Gas stations will need to complete a fire department application for the old system removal and submit it to the fire inspector, Phillips said.

“Then the fire inspector, building department, mechanical, electrical, all those inspections, the departments, will be necessary for the removal of the system,” Phillips said. “Once that is done, then all of the approvals will be given and they will be finished out and complete.”

As part of annual inspections, all currently used gas pumps will be checked to ensure they have the necessary shut off features, Phillips said. Information in the township board’s packet indicates a fire inspector will perform inspections at each self-service gas station and of the fixed pipe dry chemical extinguishing system. The gas station owner is then provided with results, and must correct any violations before submitting the application to the fire department to remove the old fire suppression system.

Fire prevention will approve or deny the request, and upon receipt of the approved application, a qualified contractor can apply for required permits that could include building, mechanical and electrical, according to board packet information. A permit must be obtained at the building department by the qualified contractor, and the contractor must provide the building department with a copy of the approved application when applying for permits.

The qualified contractor will remove the system within six months of permit issuance, and will contact the fire and building departments to schedule inspections upon completion of work, according to township documents. The fire inspector and building department will perform inspections, verify the permit has been posted, verify that employees have been trained, and that the old fire suppression system has been removed.

Another ordinance that the board amended on Aug. 24 is the youth tobacco ordinance. In a 4-3 vote, the board approved adopting and publishing a township ordinance to amend Chapter 12, offenses, Division 3, relating to the youth tobacco ordinance. An Aug. 18 memo to the board from Supervisor Frank Viviano lists that on July 21, House Bill 6108 was signed into state law, amending the Youth Tobacco Act. The memo lists that the two primary changes included prohibition of the use of tobacco by those under age 21 rather than age 18, and the addition of a definition to include alternative nicotine products.

Tim Tomlinson, the township’s attorney, said changes had been included in the ordinance to comply with those in state law. He said making the ordinance reflect the state law changes would avoid any murkiness for Macomb County Sheriff’s Office deputies, and that several other local municipalities had adopted similar ordinance changes.

Trustees Nancy Nevers, Peter Lucido III and Treasurer Leon Drolet were the board members who voted no.

“If somebody is old enough to defend their country and they are old enough to vote for our leadership, I think they should be old enough to make their own decisions with regard to tobacco,” Drolet said.

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