The text
Sec. 20-1. - Violations of chapter; enforcement.#
Any person who shall violate any provision of this chapter, or any regulation, rule or order of the fire division, the penalty for which is not otherwise provided, shall be punished as provided by section 1-12 for each offense, and any police officer may forthwith arrest, without a warrant, and take to the police station, any person so offending. It is hereby made the duty of the chief of the fire division, and of all the members of the police division, to see that the provisions of this chapter are duly observed, and that all offenses against this chapter are promptly prosecuted.
(Code 1973, § 9-8; Code 1994, § 20-31; Ord. of 8-7-2019(1))
Sec. 20-2. - Plan review fees.#
(a)
Every request for plan review, by the state fire marshal's office, under the provisions of the fire code shall be accompanied by the fee prescribed as follows:
Cost of Construction Required Fee
$500.00 or less $25.00
Over $500.00 but not over $1,000.00 $35.00
Over $1,000.00 but not over $2,000.00 $45.00
Over $2,000.00 but not over $500,000.00 (plus $6.00 per $1,000.00 or fraction thereof over $2,000.00) $45.00+
Over $500,000.00 (plus $4.00 per $1,000.00 or fraction thereof over ($500,000.00) $3,003.00+
(b)
Plan review fees, not exceeding the amounts listed in subsection (a) of this section may be collected by the fire division as prescribed by said fire code. All such fees shall be utilized exclusively for supporting the operations of the city fire prevention bureau. Said fees shall be set aside in an account or designated by a method (planned by the chief of the fire division and the director of finance) to be used exclusively for fire inspections, fire education and training of personnel to carry out fire prevention duties.
(Code 1994, § 20-8; Ord. of 2-9-2004; Ord. of 8-7-2019(1))
Sec. 20-3. - Fire prevention fee.#
(a)
The fire division shall charge an inspection fee of $100.00 per inspection for any inspection performed by the department pursuant to the provisions of this Code or any provision of the state fire code, or rules and regulations of the state fire marshal.
(b)
The fee shall be waived if, after inspection, no violation of any provision of the ordinances or the state fire code including any rule or regulation of the state fire marshal has been found.
(c)
Each subsequent reinspection shall constitute an inspection for which a separate fee of $100.00 shall be payable. The foregoing fee waiver provision shall not apply in the case of any inspection required by the city council or board of license commissioners (liquor board) for the issuance or transfer of any license under its jurisdiction. No inspection fee shall be charged for any department, board or commission of the city.
(Code 1994, § 20-9; Ord. of 11-29-2004; Ord. of 8-7-2019(1))
Sec. 20-4. - Outdoor fires.#
No person shall kindle or maintain, or authorize to be kindled or maintained, any outdoor fire on any public or private land in the city unless the fire is kindled and maintained solely for the purpose of outdoor cooking.
(Code 1973, § 10-1; Code 1994, § 20-1; Ord. of 8-7-2019(1))
State Law reference— Outdoor fires, G.L. 1956, §§ 2-12-6—2-12-10.
Sec. 20-5. - Hazardous materials, permit to store and use.#
(a)
All storage of hazardous materials, other than motor vehicles, within the legal limits of the city shall require a permit to store, issued by the chief of the fire division. Such permit shall be issued annually and shall list the type and quantity of the hazardous material on the property.
(b)
The chief of the fire division shall conduct a hazard analysis of the requested storage and may require as a condition of approval of the permit that safety measures be employed to ensure handling and storage of the permitted hazardous materials not inconsistent with state or federal law. Such a permit shall be issued upon a showing that public health and public safety will not be endangered.
(c)
There shall be a required fee for a permit under this section.
(d)
The term "hazardous material" as used in this section shall be defined as those materials listed in the Federal Superfund Reauthorized Act of 1987 hazardous material list.
(e)
The permit required by this section does not alter in any way other federal and/or state regulations regarding the storage and/or transportation of hazardous materials, as may be required.
(Code 1973, § 10-17; Code 1994, § 20-2; Ord. of 5-13-1991(5); Ord. of 8-7-2019(1))
State Law reference— Storage and handling of liquefied petroleum gas, G.L. 1956, § 23-28.20-1 et seq.; explosives, G.L. 1956, § 23-28.28-1 et seq.
Sec. 20-6. - Transporting hazardous materials restricted.#
The city prohibits the use of all city streets except certain public roadways by motor vehicles transporting hazardous materials as defined by the United States Department of Transportation. The restriction shall not apply to vehicles carrying hazardous materials engaged in pick-up and local delivery within the legal limits of the city. The schedule of such streets is on file and available in the city clerk's office.
(Code 1973, § 10-18; Code 1994, § 20-3; Ord. of 5-13-1991(6), § 1; Ord. of 8-7-2019(1))
Sec. 20-7. - Maintaining a fire hazard.#
No person shall maintain a fire hazard in a residential type structure or place of assembly or school. A fire hazard includes the storage, handling or use of materials that presents a danger or risk of injury to life or property, such as: (1)
Category I; combination of residential type structures, schools and places of assembly.
a.
Charcoal and gas grills used inside buildings or on porches;
b.
Flammable gas or liquid powered equipment inside structures;
c.
Welding, cutting and other hot work inside a structure.
(2)
Category II; schools and places of assembly.
a.
Flammable liquids in non-OSHA-approved cabinets;
b.
Flammable liquids used as a cleaning solvent inside cabinets inside a structure;
c.
Welding, cutting and other hot work inside a structure.
(Code 1973, § 10-19; Code 1994, § 20-4; Ord. of 5-13-1991(2); Ord. of 8-7-2019(1))
Sec. 20-8. - Portable heaters.#
Portable heaters must be UL approved and not altered. The chief of the fire division may prohibit the use of portable heaters in occupancies or situations in which such use or operation would present a danger to life or property.
(Code 1973, § 10-20; Code 1994, § 20-5; Ord. of 5-13-1991(1); Ord. of 8-7-2019(1))
Sec. 20-9. - Fire hydrants.#
The location of hydrants shall be under the direction of the chief of the fire division, and the erection and maintenance of hydrants under the direction of the director of public works. The expense incurred in so locating, erecting and maintaining such hydrants shall be paid out of the department of public works appropriation.
(Code 1973, § 9-3; Code 1994, § 20-6; Ord. of 8-7-2019(1))
State Law reference— Obstructing hydrants, G.L. 1956, § 23-37-4.
Sec. 20-10. - Reports of violations and fire hazards.#
Reports of the violation of existing ordinances and laws and all situations endangering life and property through fire hazard shall be submitted in writing to the chief or deputy chief of the fire division who must, forward such reports to the proper authorities for enforcement according to law.
(Code 1973, § 9-4; Code 1994, § 20-7; Ord. of 8-7-2019(1))
Sec. 20-11. - Nuisance and false fire alarms.#
(a)
In the event the activation of a fire alarm system is deemed by the fire department to be a nuisance or false fire alarm, the owner shall be provided with a fire alarm activation report by the city, indicating that the activation was deemed to be the result of a nuisance or false fire alarm. An owner shall be in violation of this section whenever any alarm is deemed to be a nuisance or false fire alarm more than twice within a 365-day period. Any person who violates this section shall be punishable by fine determined in accordance with the following schedule:
(1)
The fine for the first nuisance or false fire alarm in excess of the number permitted herein shall be no less than $250.00;
(2)
The fine for the second and each subsequent nuisance or false fire alarm in excess of the number permitted herein shall be no less than $500.00.
(Ord. of 8-7-2019(1))