Chapter 26 - FIRE PREVENTION AND PROTECTION

Footnotes:

--- (1) --- State Law reference— Fire safety code, G.L. 1956, § 23-28.1-1 et seq.; flammable and combustible liquids, G.L. 1956, § 23-28.22-1 et seq.

ARTICLE I. - IN GENERAL#

Sec. 26-1. - Open burning and permit requirements.#

(a)

Fire safety requirements. All persons shall comply with the following fire protection and safety requirements. Campfires less than two feet in diameter in designated areas (e.g., Fort Getty Campground), residential recreational fires (e.g., small fire pits, fire bowls, and chimineas) and outdoor grills used for cooking are exempt from permit requirements.

(b)

Bonfires or outdoor rubbish fires. Burning of rubbish, waste, debris and bonfires along with other outdoor waste products shall be prohibited unless otherwise permitted under the conditions set forth in this section.

(c)

Permit required. No person shall kindle or maintain any open fire or authorize any such fire to be kindled or maintained on or in public or private property (except for those exempted under subsection (a) of this section) without having obtained a permit from the town fire department. For said fires, the town fire chief, deputy chiefs, fire marshal or their designee shall determine the proper times, settings, size and height of all items being burned. When limits for atmospheric conditions or hours restrict burning, such limits shall be designated in the permit restrictions. Instructions, restrictions or stipulations listed on such permits shall be adhered to. (See G.L. 1956 § 23-28.1-2; NFPA 1, sections 10.11.1.3, 10.11.1.4, 10.11.2.2)

(d)

Inspections. No holder of a bonfire permit shall ignite the fire before it has been inspected by the Jamestown fire chief, deputy fire chiefs, fire marshal or their designee, and no additional material shall be added to the fire subsequent to said inspection.

(e)

Owner to sign permit. All permits shall be signed by the owner of the land where the outdoor fire will be located. The Jamestown fire chief, deputy chiefs, fire marshal or their designee may require proof of ownership at the time of permitting.

(f)

Permit fee. A fee in the amount established in appendix C shall be required to be paid to the town by any applicant prior to issuance of a permit. A portion of such fee in the amount established in appendix C shall be allocated to the Jamestown Fire Department Fire Education Fund. Each year, property owners in the town may apply for one open burning permit for their own use without submitting the required permit fee. The town fire chief, deputy chiefs, fire marshal or their designee may waive a permit fee for special circumstances. Liability insurance may be required on a case-by-case basis. Permits may be obtained from the Jamestown Fire Department Monday through Friday from 7:00 a.m. until 3:00 p.m. and should be obtained 72 hours prior to the desired burn date to allow sufficient time for providing notice (See subsection (k) of this section).

(g)

Location. No person shall, (except for those exempted under subsection (a) of this section), kindle or maintain any permitted open fire or authorize any such fire to be kindled or maintained on any private land unless the location is not less than 50 feet from any structure and adequate provision is made to prevent fire from spreading to within 50 feet of any structure. Recreational fires shall not be located within 25 feet of a structure or combustible material as determined by the Jamestown fire chief, deputy fire chiefs, fire marshal or their designee. (NFPA 1, sections 10.11.2.1, 10.11.2.4)

(h)

Attendance. A competent person of at least 18 years of age shall constantly attend any open fire until such fire is extinguished. This person shall have a garden hose connected to a water supply or other approved extinguishing equipment readily available for use. (NFPA 1, section 10.11.3)

(i)

Revocation. The town fire chief, deputy chiefs, fire marshal or their designee may prohibit in writing and/or issue a cease and desist order upon any person, group or business for any bonfire and/or outdoor fire.

(j)

Hazardous/nuisance fires. The town fire chief, deputy chiefs, fire marshal or their designee shall have the authority to prohibit, extinguish or cause to be extinguished any and/or all open fires when atmospheric conditions or local circumstances make such fires hazardous or the smoke or fumes from such fires cause a nuisance to surrounding neighbors, property or persons. (NFPA 1, section 10.11.4)

(k)

Notice to direct abutters. Permits for open burning may require that permittees give abutting neighbors 48 hours' notice of the actual time of burning.

(l)

Health and safety. For other than one-family and two-family dwellings, no hibachi, gas-fired grill, charcoal grill, or other similar devices used for cooking, heating, or any other purpose, shall be used or kindled on any balcony or under any overhanging portion or within ten feet of any structure. Listed (UL) electric ranges, grills, or similar electrical apparatus shall be permitted. No outside cooking device shall be used for incineration of waste or rubbish of any type. Spark arrestors shall be used on all commercial incinerators and commercial fireplaces and shall be maintained in good condition, working order and repair at all times. (NFPA 1, sections 10.11.7, 10.11.8, 17.3.4.7)

(m)

Incineration. Incineration devices of rubbish and other waste products are prohibited.

(n)

Penalties. For property owners who violate this section, on the first offense a $250.00 fine will be assessed payable to the Town of Jamestown. The second offense within the same year will result in a $499.00 fine payable to the Town of Jamestown. A third offense within the same year will result in the issuance of a summons to appear in court. Nonpayment of fines within 30 days shall result in the issuance of a summons to appear in court.

(o)

Complaints. Complaints in regard to violations of this section shall be forwarded to the town police and fire departments.

(Code 2003, § 26-1; Ord. of 11-14-2005, § 26-20)

State Law reference— Limitation on penalties generally, G.L. 1956, § 45-6-2.

Sec. 26-2. - Residential smoke and carbon monoxide detector plan review fee.#

(a)

General. Every request for a plan review for one-, two- or three-family dwellings by the town fire department shall be accompanied by three sets of final floor plans and site plans as necessary, a completed plan review application form, and the appropriate plan review fee as set forth in subsection (b) of this section.

(b)

Plan review fees. Plan review fees shall be in the amount established in appendix C.

Town owned buildings are exempt from the fees under this section. The town council, on the recommendation of the fire chief or fire marshal, may waive all or part of the fees under this section to any nonprofit organization that is duly organized and validly existing pursuant to the Rhode Island Nonprofit Corporation Act (G.L. 1956, § 7-6-1 et seq.).

(c)

Use of fees collected. All such fees collected by the town fire department pursuant to this section shall be deposited in a restricted receipts account to be used solely and exclusively to support the operations of the fire prevention services provided by the town fire department.

(Ord. of 3-24-2008, § 26-2)

Sec. 26-3. - Plan review fee.#

(a)

General. Every request for a plan review for new buildings, additions, alterations, enlargements and/or modification of nonresidential structures shall be accompanied by three sets of final floor plans and site plans as necessary, a completed plan review application form, and the appropriate plan review fee as set forth in subsection (b) of this section.

(b)

Plan review fees. Plan review fees shall be in the amount established in appendix C, based upon the cost of construction:

Town owned buildings are exempt from the fees set forth in this section. The town council, on the recommendation of the fire chief or fire marshal, may waive all or part of the fees set forth in this section to any nonprofit organization that is duly organized and validly existing pursuant to the Rhode Island Nonprofit Corporation Act (G.L. 1956, § 7-6-1 et seq.).

(c)

Use of fees collected. All such fees collected by the town fire department pursuant to this chapter shall be deposited in a restricted receipts account to be used solely and exclusively to support the operations of the fire prevention services provided by the fire department.

(Ord. of 3-24-2008, § 26-3)

Sec. 26-4. - Tent inspection and permit fee.#

(a)

General. Every request for a tent permit and inspection and shall be accompanied by a completed tent permit and inspection application form and the appropriate fee as set forth in subsection (b) of this section.

(b)

Tent permit and inspection fees. Tent permit and inspection fees shall be as established in appendix C. Town functions are exempt from the fees set forth in this chapter. All applicable fire codes must be adhered to. The town council, on the recommendation of the fire chief or fire marshal, may waive all or part of the fees set forth in this chapter to any nonprofit organization that is duly organized and validly existing pursuant to the Rhode Island Nonprofit Corporation Act (G.L. 1956, § 7-6-1 et seq.).

(c)

Use of fees collected. All such fees collected by the fire department pursuant to this chapter shall be deposited in a restricted receipts account to be used solely and exclusively to support the operations of the fire prevention services provided by the fire department.

(Ord. of 3-24-2008, § 26-4)

Secs. 26-5—26-20. - Reserved.#

ARTICLE II. - FIRE DEPARTMENT#

Footnotes:

--- (2) --- State Law reference— Fire safety code, G.L. 1956, § 23-28.1-1 et seq.; fire companies, G.L. 1956, § 45-18-1 et seq.

Sec. 26-21. - Composition; board of fire wardens constituted.#

The fire department shall consist of a chief, deputy chiefs, and such other members who shall be assigned to three pumper companies, one hook and ladder company, and such other companies as may hereafter be formed by vote of the fire department. Each company shall elect a captain and a lieutenant, except that any emergency medical services company which may be formed shall be composed of one captain and two lieutenants, who, together with the chief and deputy chiefs, shall constitute a board of fire wardens.

(Code 1982, § 8-20; Code 2003, § 26-21; Ord. of 6-20-2011(1))

Sec. 26-22. - Eligibility of members and officers.#

(a)

No person shall be eligible as a member of the fire department until such person shall have reached the age of at least 18 years and shall have been a resident of or works in the town.

(b)

No member of the fire department shall be eligible to become an officer therein unless such person has been an active member of the fire department or Jamestown Emergency Medical Services, Inc. for at least three years next before such person's election.

(Code 1982, § 8-21; Code 2003, § 26-22; Ord. of 6-20-2011(1))

Sec. 26-23. - Secretary.#

On the second Monday of May, annually, the board of fire wardens shall elect one of its members as secretary who shall serve as such for one year or until a successor is elected.

(Code 1982, § 8-22; Code 2003, § 26-23; Ord. of 6-20-2011(1))

Editor's note— An ordinance adopted June 20, 2011, changed the title of § 26-23 from "Clerk" to "Secretary."

Sec. 26-24. - Badge.#

If required by the chief, each member of the fire department while on duty shall wear a badge of such design as the board of fire wardens shall by rule prescribe.

(Code 1982, § 8-23; Code 2003, § 26-24; Ord. of 6-20-2011(1))

Sec. 26-25. - Property; board in charge; reports.#

The board of fire wardens shall have general charge of all property assigned to or belonging to the fire department, and shall be responsible for the care and preservation of the property.

(Code 1982, § 8-24; Code 2003, § 26-25)

Sec. 26-26. - Promulgation of rules and regulations.#

The board of fire wardens may make such rules and regulations, not contrary to the laws of the state or to the ordinances of the town, as it may deem fit and proper for the management, efficiency and control of the fire department, the preservation of all fire department property under its care, and for the protection of the town from fire.

(Code 1982, § 8-25; Code 2003, § 26-26)

Sec. 26-27. - Notice of names of officers.#

On the second Monday of May, annually, the board of fire wardens, by the direction of the fire department, shall, in writing, notify the town council the names of the chief, deputy chiefs, and other officers as may exist for recording.

(Code 1982, § 8-26; Code 2003, § 26-27; Ord. of 6-20-2011(1))

Sec. 26-28. - Duty to extinguish fires, provide emergency services and carry out orders.#

It shall be the duty of the chief and of each of the officers and members of the fire department to do and perform every act and service required of such person to prevent or extinguish fires and to provide such other emergency services within the town and obey and carry out the orders of the chief and the board of fire wardens relative to such services.

(Code 1982, § 8-27; Code 2003, § 26-28)

State Law reference— Payments to volunteer fire companies, G.L. 1956, § 45-18-1 et seq.

Sec. 26-29. - Powers and duties of chief generally.#

(a)

The chief, under the ordinances of the town and the rules and regulations of the board of fire wardens, shall have immediate control, management, supervision and direction of the fire department, and shall be obeyed accordingly.

(b)

The chief may temporarily suspend any member of the fire department for cause, but shall make immediate report in writing to the commanding officer of the company to which such a member is attached.

(c)

The chief shall report to the board of fire wardens any act of disobedience, disturbance or neglect of duty on the part of any member of the department, which may temporarily suspend such member from further duty.

(Code 1982, § 8-28; Code 2003, § 26-29)

Sec. 26-30. - Commanding officer.#

(a)

In the absence of the chief, the deputy chief, and in turn the ranking officers in command, shall have charge of the fire department.

(b)

Such officer in command shall have the same authority as the chief, and shall be held to a like responsibility and shall be obeyed accordingly.

(Code 1982, § 8-29; Code 2003, § 26-30)

Sec. 26-31. - Election of company officers.#

(a)

On the first Thursday of May, annually, the various companies of the fire department shall elect the chief who shall serve for the period of two years and their respective officers who shall serve for the period of one year or until their successors are duly elected and qualified.

(b)

The chief of the department shall annually certify to the town clerk and to the board of fire wardens the names of the various members of the department.

(Code 1982, § 8-30; Code 2003, § 26-31; Ord. of 6-20-2011(1))

Sec. 26-32. - Duties of company captains.#

The captain of each company shall have immediate command of such company. The captain shall be responsible for the discipline of the company's members, and for the proper care and preservation of the apparatus and other property under such officer's charge. The captain shall make prompt report in writing to the board of fire wardens of the unfit condition of any property or apparatus under such officer's charge, and of any act of disturbance, insubordination or inefficiency on the part of any member of such captain's company.

(Code 1982, § 8-31; Code 2003, § 26-32)

Sec. 26-33. - Duties of company lieutenants.#

The lieutenant of each company shall be the clerk of such company. In the absence of the captain, the lieutenant of the company shall perform the duties of the captain, and shall be held to a like responsibility, and shall be obeyed accordingly.

(Code 1982, § 8-32; Code 2003, § 26-33)

Sec. 26-34. - Composition; board of fire wardens constituted.#

(a)

Members of the police department as detailed by the chief of police shall attend all fires. They shall preserve order and shall keep the premises about the fire free from obstruction.

(b)

The police, while on duty at a fire, shall be subject for the time being to the orders of the chief of the fire department, or to the officer there in command.

(Code 1982, § 8-33; Code 2003, § 26-34)

Sec. 26-35. - Interference with member; summoning assistance.#

(a)

The chief, or in the chief's absence, the officer in command of the fire department, shall have the power to cause the immediate arrest and detention of any of the fire department or other person who shall interfere with any member of the fire department while in the performance of such member's duty.

(b)

Any officer in command of any portion of the fire department, while on duty at a fire, may command the aid of any person in suppressing the fire or in the removal and preservation of any property exposed to the fire or the effects of the fire, and the person so commanded shall render the aid required, if it is possible for such person to do so.

(c)

Any person who shall interfere with any member of the fire department while in the performance of such member's duty or who shall fail to obey a request for assistance as provided in this section shall be punished as provided in section 1-15.

(Code 1982, § 8-34; Code 2003, § 26-35)

Sec. 26-36. - Use of fire stations; alcoholic beverages therein.#

(a)

No fire station shall be used for any purpose other than that pertaining to the fire department, except by express and special permission of the board of fire wardens.

(b)

Spirituous and intoxicating liquors shall not be carried into or be used in any town owned or fire department building.

(c)

Any person violating the provisions of this section shall be punished as provided in section 1-15.

(Code 1982, § 8-35; Code 2003, § 26-36; Ord. of 6-20-2011(1))

Sec. 26-37. - Alterations, changes or additions in hydrants or alarm boxes; taking apparatus out of town.#

(a)

No change, alteration or additions shall be made in the location of any hydrant or fire alarm box without the consent and approval of the board of fire wardens and the town council.

(b)

Subject to mutual aid agreements, no engine or other fire department apparatus shall be taken from the town to any other city or town for fire purposes without the consent and approval of the chief, deputy chief or in turn the ranking officer in command.

(Code 1982, § 8-36; Code 2003, § 26-37)

Sec. 26-38. - Damaging property generally.#

No person shall wilfully or maliciously meddle with, deface or in any way damage any property of the fire department.

(Code 1982, § 8-37; Code 2003, § 26-38)

State Law reference— Vandalism, G.L. 1956, § 11-44-1.

Sec. 26-39. - Damaging hydrants.#

(a)

It shall be unlawful for any person to willfully or maliciously interfere with any hydrant which has been erected upon any public street, highway or other public place.

(b)

This section shall not prohibit the opening of any such hydrants by the chief of the fire department, members of the water department in the discharge of their duties, or any other person duly authorized by the town council.

(Code 1982, § 8-38; Code 2003, § 26-39)

State Law reference— Interference with fire hydrants, G.L. 1956, § 11-66-1; vandalism, G.L. 1956, § 11-44-1.