Chapter 8.20


8.20.010    Adoption of Uniform Fire Code.

8.20.020    Establishment and duties of bureau of fire prevention.

8.20.030    Definitions.

8.20.040    Amendments made in Uniform Fire Code.

8.20.050    Appeals.

8.20.060    Penalties.

8.20.010 Adoption of Uniform Fire Code.

There is hereby adopted by the city of Burns, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Uniform Fire Code recommended by the Western Fire Chiefs Association and the International Conference of Building Officials, being the 1979 Edition, except such portions as are deleted, modified or amended by BMC 8.20.040. Not less than three copies of said code have been and are now filed in the office of the city clerk-treasurer and said code is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the limits of the city of Burns. [Ord. 595 § 1, 1980]

8.20.020 Establishment and duties of bureau of fire prevention.

(1) The Uniform Fire Code shall be enforced by the bureau of fire prevention in the fire department of the city of Burns which is hereby established under this authority and which shall be operated under the supervision of the chief of the fire department.

(2) The chief of the fire department may detail such members of the fire department as inspectors as shall from time to time be necessary. [Ord. 595 § 2, 1980]

8.20.030 Definitions.

(1) Wherever the word “jurisdiction” is used in the Uniform Fire Code, it shall be held to mean the legal limits of the city of Burns as said do now or may hereafter exist.

(2) Wherever the term “corporation counsel” is used in the Uniform Fire Code, it shall mean city attorney of the city of Burns.

(3) Wherever the words “chief of the bureau of fire prevention” are used they shall be held to include “fire marshal.” [Ord. 595 § 3, 1980]

8.20.040 Amendments made in Uniform Fire Code.

The Uniform Fire Code is amended and changed in the following respects:

(1) Section 9.108 is amended to read:

“Fireworks” means any combustible or explosive material, composition or substance, or any combination of such material, compositions or substances, or any other article which was prepared for the purpose of providing a visible or audible effect by combustion, explosion, deflagration or detonation, and includes blank cartridges or toy cannons in which explosives are used, balloons which require fire underneath to propel the same, firecrackers, torpedoes, Roman candles, bombs, rockets, wheels, colored fires, fountains, mines, serpents, or any other article containing any explosive substances or inflammable compounds; but does not include:

(a) Sparklers, paper caps, toy pistols, toy canes, toy guns, or the devices in which paper caps containing .25 grains or less expensive compound are used, and when the rate of burning and the explosive force of the materials in which such devices are not greater than an equivalent weight of F.F.F.G. Black powder, and when such devices are constructed that the hand cannot come in contact with the cap when in place for explosion, and the major explosive force is contained or dispelled within the house or shell of the device, there is no visible flame during discharge, there is no flaming or smoldering of any of the components or parts of the device after discharge, the device does not produce sufficient heat to readily ignite combustible materials upon which the device may be placed. The sale and use of such devices shall be permitted at all times.

(b) Snakes or similar smoke producing materials containing no more than 100 grains of combustible substances when there is no visible flame during discharge,

there is no after smoldering, and the devices do not produce sufficient heat to readily ignite materials on which said devices may be placed. The sale and use of such devices shall be permitted at all times.

For purposes of this section “sparklers” means materials of a character that will, when ignited, sparkle without throwing or dropping hot residue capable of igniting combustible materials and attached to a wire or other noncombustible central support, with such materials arranged in a cylindrical shape not more than 10 inches in length nor more than 1/4 inch in diameter and which shall not burn more rapidly than 1 inch in ten seconds, but not including materials encased within a container of any character. “Explosive substance” or any “explosive mixture” as used in this section shall mean any substance so arranged as to burn less than 1 second.

(2) Section 11.101(b) of said code is amended by inserting 20 feet for 50 feet as it appears therein. Further, the following sentence is added:

An approved waster burner is one made of noncombustible materials with a 1/2 inch mesh cover and without openings into combustion chamber.

(3) Section 11.105 of said code is amended by deleting paragraph (c) and renumbering paragraphs (d) and (e) respectively.

(4) No person shall sell any fireworks within the city limits of Burns unless such fireworks have been inspected and approved by the fire marshal of the city of Burns. [Ord. 595 § 4, 1980]

8.20.050 Appeals.

Whenever the chief shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief to the fire prevention board of appeals within 30 days from the date of the decision appealed. [Ord. 595 § 5, 1980]

8.20.060 Penalties.

(1) Any person who violates any provisions of this chapter shall be guilty of a misdemeanor, punishable by a fine of not more than $500.00 or by imprisonment of not more than 100 days or both. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each 10 days that the prohibited conditions are maintained shall constitute a separate offense.

(2) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions, or abatement of such condition as a public nuisance. [Ord. 595 § 6, 1980]