Chapter 8.24FIRE PREVENTION

Sections:

Article I. 
Regulations
8.24.010
Definitions.
8.24.020
Fire season.
8.24.030
Uncontained open fire permit – Required.
8.24.040
Uncontained open fire permit – Conditions.
8.24.050
Permit revocation authorized.
8.24.060
Fire chief duties.
8.24.070
Stove or furnace approval.
8.24.080
Contained open fires – Inspection.
8.24.090
Open fires – Permit required.
8.24.100
Open fires – Supervision.
8.24.110
Appeal.
8.24.120
Violation – Penalty.
Article II. 
Inspection of Premises
8.24.130
Required.
8.24.140
Flammable materials – Order to remove.
8.24.150
Service of removal order.
8.24.160
Appeal of removal order.
8.24.170
Violation – Penalty.
Article I. Regulations
8.24.010Definitions.

Open fires are defined as fires started or maintained outside of buildings or structures. Contained open fires are fires contained within a trash burner, fireplace or barbecue pit, and all other open fires not so contained are designated as uncontained open fires.

(Ord. 514 § 2, 1955)

8.24.020Fire season.

The fire season in the city is defined as that period in the spring, summer and fall months during which fires are deemed to be extra hazardous. The beginning date of the fire season each year shall be set by the city council, after considering the fire chief’s recommendation. Notice of commencement of the fire season shall be published in one issue of the official city newspaper, at least two days before the fire season starts. The ending date of the fire season each year shall be similarly determined and notice thereof similarly published.

(Ord. 514 § 3, 1955)

8.24.030Uncontained open fire permit – Required.

It is unlawful to start or maintain an uncontained open fire in the city during the fire season unless a permit for such fire has first been issued by the fire chief; provided, that under no conditions shall any uncontained open fire be started or maintained at any time within the fire limits of the city. No fire shall be started or maintained and no burning shall be done at any time within any building or structure undergoing construction, demolition, or structural repair or alteration, if the building or structure or any part thereof is made of or contains wood, paper or any other combustible material, unless a fire permit therefor has first been issued by the fire chief.

(Ord. 514 § 5 (part), 1955)

8.24.040Uncontained open fire permit – Conditions.

Any or all fire permits issued under Section 8.24.030 may be issued subject to the condition that no fire shall be started or maintained and no burning shall be done without the presence of and the direct supervision of the fire chief and/or some member or members of the fire department specifically designated by the fire chief, if in the opinion of the fire chief such immediate supervision is reasonably necessary under the conditions prevailing. If a permit is issued subject to such condition, the permittee shall pay the fire chief and/or other members of the fire department attending at the fire at the hourly rate of pay then prevailing for special policemen in the police department.

(Ord. 514 § 5 (part), 1955)

8.24.050Permit revocation authorized.

Any or all fire permits heretofore or hereafter issued may be revoked at any time by the fire chief at his discretion, if in his opinion a fire hazard exists.

(Ord. 514 § 6, 1955)

8.24.060Fire chief duties.

Notwithstanding any contrary provisions of all other ordinances of the city, pertaining to the prevention or regulation of fires, all inspections to be made in the city for fire prevention, control or regulation, and all fire permits issued in the city shall be made and issued by the fire chief.

(Ord. 514 § 7, 1955)

8.24.070Stove or furnace approval.

No fire shall be started or maintained and no burning shall be done at any time in any building or structure in the city, except in an approved type stove or furnace, approved by a fire underwriters organization having national or state recognition, or by the chief of the fire department, hereinafter referred to as the fire chief. In absence of the fire chief, his duties and functions under this chapter shall be performed by the first assistant fire chief; and in absence of the latter, by the second assistant fire chief.

(Ord. 514 § 1, 1955)

8.24.080Contained open fires – Inspection.

It is unlawful to start or maintain a contained open fire in the city during the fire season unless the trash burner, fireplace or barbecue pit containing the fire has prior thereto been inspected and approved by the fire chief, and a permit therefor issued by the fire chief. Such permits shall remain in force until revoked, provided the fire container is maintained in the same condition which existed at the time of such inspection.

(Ord. 514 § 4, 1955)

8.24.090Open fires – Permit required.

Under no conditions shall any contained or uncontained open fire be started or maintained at any time within the fire zone of the city unless a fire permit first has been obtained therefor.

(Ord. 519 § 1 (part), 1956: Ord. 514 § 11, 1955)

8.24.100Open fires – Supervision.

At any time, either during the fire season or without the fire season the fire chief may prohibit the setting or continuing of any open fire either contained or uncontained, anywhere in the city, or the fire chief may prohibit such fire unless it is supervised as provided in Section 8.24.040, if in his opinion the fire may be unduly hazardous to persons or property.

(Ord. 519 § 1 (part), 1956: Ord. 514 § 12, 1955)

8.24.110Appeal.

Anyone aggrieved by any decision or action of the fire chief or the fire department may appeal to the city council for relief. Such appeals shall be heard and determined as expeditiously as possible, and the decision of the city council shall govern the matter.

(Ord. 514 § 8, 1955)

8.24.120Violation – Penalty.

Any person, firm, organization or corporation who violates or fails to comply with any of the provisions of this article shall upon conviction thereof be fined in any sum not to exceed three hundred dollars, or imprisoned for a period of not more than thirty days, or both fined and imprisoned as provided in this section. Each violation shall be deemed a separate offense.

(Ord. 514 § 9, 1955)

Article II. Inspection of Premises
8.24.130Required.

It is the duty of the chief of the fire department to inspect or cause to be inspected by fire department officers or members, as often as may be necessary, but not less than twice a year in outlying districts and four times a year in the closely built portions of the city, all buildings, premises, and public thoroughfares, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, or any violations of the provisions or intent of any ordinance of the city affecting the fire hazard. In private dwellings such inspections shall be restricted to basements and cellars.

(Ord. 240 § 1 (part), 1926)

8.24.140Flammable materials – Order to remove.

Whenever any officer or member finds in any building, or upon any premises or other place, combustible or explosive matter or dangerous accumulation of rubbish or unnecessary accumulation of waste paper, boxes, shavings, or any other highly flammable materials especially liable to fire, and which is so situated as to endanger property, or finds obstructions to or on fire escapes, stairs, passageways, doors or windows, liable to interfere with the operations of the fire department, or egress of occupants, in case of fire, he shall order the same to be removed or remedied, and such order shall forthwith be complied with by the owner or occupant of the premises or buildings, subject to appeal within twenty-four hours to the mayor, who shall within ten days review the order and file his decision thereon, and unless the order is revoked or modified it shall remain in full force and be obeyed by the owner or occupant.

(Ord. 240 § 1 (part), 1926)

8.24.150Service of removal order.

The service of any such order shall be made upon the occupant of the premises to whom it is directed by either delivering a true copy of same to the occupant personally or by delivering it to and leaving it with any person in charge of the premises, or in case no such person is found upon the premises by affixing a copy thereof in a conspicuous place on the door to the entrance of the premises. Whenever it may be necessary to serve such an order upon the owner of premises, the order may be served either by delivering to and leaving with the person a true copy of the order, or, if such owner is absent from the jurisdiction of the officer making the order, by mailing the copy to the owner’s last known post office address.

(Ord. 240 § 1 (part), 1926)

8.24.160Appeal of removal order.

Any owner or occupant failing to comply with such order within ten days after the appeal has been determined, or if no appeal is taken, then within ten days after the service of the order, shall be liable to a penalty as stated in Section 8.24.170.

(Ord. 240 § 1 (part), 1926)

8.24.170Violation – Penalty.

Any person or persons, firms or corporation violating any of the provisions of this article or any of its sections, shall, upon conviction, forfeit and pay a fine of not more than twenty-five dollars for each offense, and not more than twenty dollars for every day thereafter so long as the violation exists, and a fine of not more than one hundred dollars for subsequent violations.