Chapter 15.08


15.08.005    Area of authority.

15.08.010    Notice of dangerous conditions.

15.08.020    Interference with department activities.

15.08.030    Injury to equipment.

15.08.040    Following fire apparatus.

15.08.060    Smoking restricted.

15.08.070    “No Smoking” signs posted.

15.08.080    Annual burn permits required.

15.08.005 Area of authority.

The provisions of this chapter apply only to the townsite service area and established fire service areas. (Ord. 18-01-487 § 5)

15.08.010 Notice of dangerous conditions.

A. Whenever, pursuant to the provisions of this title, the fire chief determines that an unsafe or dangerous fire prevention or control condition exists in or about any building or structure, the chief shall forthwith issue a written order describing the unsafe or dangerous condition and demanding its prompt removal or remedy.

B. Service of the order may be made upon the owner, occupant, or other person responsible for the care and maintenance of the building, structure, or premises and may be made personally or by mailing certified, return receipt, to such person’s last known mailing address. In all instances where possible, the owner shall be thus notified. Failure of delivery to the last known mailing address or refusal to accept the notice sent by certified mail shall constitute receipt of the notice.

C. An appeal from an order issued under subsection (A) of this section shall be made in writing, stating with particularity the reasons for the appeal, within five working days of the receipt thereof, or 10 working days of the receipt thereof if the person appealing it resides outside the state. An appeal shall be made to the assembly and shall be heard by it at the next regularly scheduled meeting following receipt of a properly submitted appeal. Unless the assembly revokes, modifies, or stays the order, the order shall remain in full force and effect and be promptly complied with after the hearing unless further appeal is made to the courts as provided under state law. (Ord. 18-01-487 § 5)

15.08.020 Interference with department activities.

It shall be unlawful for any person to in any way hinder, delay, or otherwise interfere with any member of the fire department in the performance of any of the member’s duties or to use any of the tools, hoses, engines, apparatus, or equipment of the fire department except by direction of and under the control of a member of the department. Each member of the department is appointed an ex officio police officer while in the performance of the member’s duties in the extinguishment of and attempt to extinguish any uncontrolled fire, with full authority to arrest any person hindering, delaying, or interfering with the performance of the duties of a member of the fire department. (Ord. 18-01-487 § 5)

15.08.030 Injury to equipment.

It shall be unlawful for any person to willfully or negligently injure or damage any tools, hose, engine, apparatus, or other equipment of the fire department, or to ride upon any vehicle under the control of the department while the same is going to or returning from a fire without specific authority to do so from a member of the fire department. It shall be unlawful for any person to cause any vehicle to cross over or to be placed upon any fire hose or other apparatus in use at a fire without the permission of a member of the department to do so. (Ord. 18-01-487 § 5)

15.08.040 Following fire apparatus.

No person not a member of the fire department, borough police department, or otherwise authorized by borough ordinance, rule, regulation, or necessity, shall follow any fire department apparatus to the scene of a fire, nor shall any such unauthorized person congregate around a fire in a manner that shall or might tend to interfere with fire control operations. (Ord. 18-01-487 § 5)

15.08.060 Smoking restricted.

In addition to the prohibitions set forth in Chapter 8.18 HBC, smoking in beds of hotels, motels, apartments or rooming houses, in dry-cleaning plants, or in areas where combustible materials are stored or handled is prohibited. (Ord. 18-01-487 § 5; Ord. 15-06-413 § 42)

15.08.070 “No Smoking” signs posted.

Where building or structure conditions are such as to make smoking a hazard to the welfare of the residents of the borough, the fire chief is empowered to order the owner or occupant to post “No Smoking” signs in such places and of such size and design as approved by the fire codes adopted in this title. (Ord. 18-01-487 § 5)

15.08.080 Annual burn permits required.

An annual burn permit is required to burn combustible materials outdoors within any fire service area. Such permit shall be authorized by the fire chief of the designated district or the fire chief’s designee.

A. The written burn permit must be applied for annually.

B. The annual burn permit shall stipulate prohibited burnables according to state and local laws.

C. Fires outside of a burn barrel and larger than 10 feet in diameter and four feet high require advance notification to dispatch.

D. Burning shall be permitted only between the hours of 7:00 a.m. and 8:00 p.m.

E. Stump burnings that cannot be doused by the deadline may be allowed to smolder upon approval provided a burning is not propagated with additional stumps and brush after 8:00 p.m.

F. This section does not apply to campfires or BBQ grills. (Ord. 18-01-487 § 5)