Chapter 8.25
FIRE FIGHTING AND SAFETY1
Sections:
8.25.020 Removal of obstructions at fire.
8.25.040 Interference with firemen in discharge of duties.
8.25.050 Unlawful interference with officers, apparatus, water, etc.
8.25.060 Investigation after fire report.
8.25.070 Right to enter upon and inspect premises.
8.25.080 Deleted during 2011 recodification.
8.25.100 Procedures for recovering costs incurred by recklessly caused fire emergencies.
8.25.110 Burning permits required.
8.25.010 Emergency vehicles.
Fire trucks are hereby designated authorized emergency vehicles. [Code 1997 § 10-1-31.]
8.25.020 Removal of obstructions at fire.
The officer in charge at any fire may order the removal or destruction of any fence, building or structure, or that any utility be closed, cut or removed when deemed necessary to control, extinguish or prevent the spread of fire. [Code 1997 § 10-1-32.]
8.25.030 Control of persons.
All persons present at a fire shall obey the orders of any fireman. [Code 1997 § 10-1-33.]
8.25.040 Interference with firemen in discharge of duties.
Every person at the scene of any fire who disobeys the lawful orders of any public officer or fireman, or offers any resistance to or interference with the efforts of any fireman, or company of firemen to extinguish the same, or engages in any disorderly conduct calculated to prevent the same from being extinguished, or who forbids, prevents or dissuades others from assisting to extinguish the same, is guilty of a class B misdemeanor. [Amended during 2011 recodification. Code 1997 § 10-1-34.]
8.25.050 Unlawful interference with officers, apparatus, water, etc.
Any person who shall willfully hinder any officer or fireman in the discharge of his duty at a fire, or in any manner injure, deface or destroy any engine, hose or other fire apparatus belonging to the city, or who shall interfere with any fire company or person, or who shall willfully break or injure any water pipe, or interfere with the water or its source of supply shall be deemed guilty of a class B misdemeanor and shall be punished accordingly. [Code 1997 § 10-1-35.]
8.25.060 Investigation after fire report.
The chief, or such other persons as he shall designate, shall, after extinguishing a fire, make a prompt and thorough investigation of the cause of the fire, the time the fire began, the amount of loss and insurance, a description of the affected buildings and premises, and shall secure all other useful information available, and record the same in a record book kept for the purpose in the office of the department and shall report the same to the government body at such time as it may direct. [Code 1997 § 10-1-36.]
8.25.070 Right to enter upon and inspect premises.
The fire chief or his deputies upon presentation of proper credentials shall have the right to enter upon any commercial premises at all reasonable hours for the purpose of making inspections. [Amended during 2011 recodification. Code 1997 § 10-1-37.]
8.25.080 Males present at fire subject to orders.
Deleted during 2011 recodification. [Code 1997 § 10-1-38.]
8.25.090 False alarm.
It shall be unlawful for any person to turn in or report to the fire department a false alarm or report of a fire or to tamper with or remove any part of the fire alarm system. [Code 1997 § 10-1-39.]
8.25.100 Procedures for recovering costs incurred by recklessly caused fire emergencies.
(1) Definitions.
“Expense” means the actual labor costs of government and volunteer personnel including worker’s compensation benefits, fringe benefits, administrative overhead, costs of equipment, costs of equipment operation, costs of materials, costs of disposal and the cost of any contract labor and materials.
“Fireworks” means any firework as defined in Sections 53-7-202(1) through (5), Utah Code Annotated 1953, whether legally or unlawfully available and used.
“Recklessly caused fire emergency” means a fire proximately caused by the reckless conduct of an owner or occupier of property and/or structures which presents a direct and immediate threat to public safety and requires immediate action to mitigate the threat. “Reckless conduct” is conduct which is willfully and wantonly in disregard for the safety of persons or property.
(2) Recovery Authorization and Procedure. The city is empowered to recover from any person, corporation, partnership or other individual or entity whose reckless actions cause fire emergency expenses or who, through the use of fireworks, cause fire emergency expenses incurred by city agencies directly associated with a response to a fire emergency pursuant to the following procedure:
(a) The city shall determine responsibility for the emergency and notify the responsible party by mail of the city’s determination of responsibility and the costs to be recovered.
(b) The notice shall specify that the determined responsible party may appeal the city’s decision before a hearing officer designated by the mayor and establish a date by which the notice of appeal shall be filed. The appeal date shall be no less than 15 days from the date of the notice.
(c) In the event the determined responsible party appeals the determination, the hearing officer shall hold a public hearing to consider any issues raised by the appeal, at which hearing the appealing party and the city shall be entitled to present evidence in support of their respective positions.
(d) The hearing officer shall, after the hearing, make a recommendation to the mayor who shall issue a decision assessing responsibility and costs.
(3) No Admission of Liability. The payment of expenses determined owing under this chapter does not constitute an admission of liability or negligence in any legal action for damages.
(4) Action to Recover Costs. In the event parties determined to be responsible for the repayment of recklessly caused fire emergency costs or fire emergency costs caused by fireworks fail to make payments to the city within 30 days after a determination of any appeal by the mayor, or 30 days from the deadline for appeal in the event no appeal is filed, the city may initiate legal action to recover from the determined responsible parties the costs determined to be owing, including the city’s reasonable attorney fees. [Code 1997 § 10-1-61.]
8.25.110 Burning permits required.
All persons desiring to burn material outside of a building shall be required to obtain a burning permit from the city of Riverton. [Code 1997 § 10-1-81.]
8.25.120 Procedure.
Burning permits will be available at the offices of the unified fire authority. [Amended during 2011 recodification. Code 1997 § 10-1-82.]
8.25.130 Denial.
Burning permits shall not be granted if the proposed fire would violate any municipal ordinance. [Code 1997 § 10-1-83.]
8.25.140 Penalty.
Any person who fails to obtain a burning permit and subsequently causes a fire requiring the fire department of the city of Riverton to respond shall be guilty of a class B misdemeanor. [Amended during 2011 recodification. Code 1997 § 10-1-84.]
8.25.150 Life safety code.
(1) The Life Safety Code, 2009 Edition, as published by the National Fire Protection Association, is hereby adopted as the life safety code of Riverton City.
(2) The Unified Fire District fire marshal is hereby appointed the enforcement officer under this life safety code, and in his absence, the Unified Fire District fire chief or the assistant fire chief shall act as the enforcement officer under this life safety code.
(3) Violations of the life safety code may be punishable as a class B misdemeanor. [Amended during 2011 recodification. Code 1997 § 10-1-90.]
State law references: Equipment for new fire protection systems – Standard equipment, see Section 53-7-206, Utah Code Annotated 1953; Duty of local governing body – Maintenance of existing equipment, see Section 11-4-2, Utah Code Annotated 1953; Prohibited sales and penalties, see Sections 53-7-207 and 53-7-208, Utah Code Annotated 1953.