Chapter 7 - FIRE PROTECTION AND PREVENTION

ARTICLE I. - IN GENERAL#

Sec. 7-1. - Fire lanes on private property devoted to public use—Generally.#

(a)

Designation; definition. The marking of fire lanes on private property devoted to public use shall be designated by the fire chief with approval of the town council. The term "fire lane" means any area appurtenant to entrances or exits of a building which the fire chief and town council have established. Fire lanes should remain free and clear of parked vehicles for access to such buildings in case of fire or other emergency, which said area may include sidewalks, driveways, portions of parking lots, and other areas adjacent to or near said building entrances or exits, or any fire hydrant.

(b)

Owner's responsibility. The owner of such property shall continue to be responsible for the maintenance of such area.

(c)

Notice to owner; signs. Upon the designation of a fire lane pursuant to this article, the fire chief shall give notice of such designation to the owner of such area and shall cause signs to be posted at the designated locations, lettered as follows: "Fire Lane: No Parking Anytime." Signs shall be of a standard size and color, of standard lettering and mounting conforming to specifications established by the fire chief.

(d)

Records. The official record of the designation and location of fire lanes shall be filed with the town clerk and a certified copy with the fire chief.

(e)

Enforcement. It shall be the duty of the town police department to enforce the provisions of this article.

(Code 1970, § 7-1; Ord. of 6-8-1976)

Sec. 7-2. - Fire lanes on private property devoted to public use—Obstructing prohibited.#

Parking of motor vehicles or otherwise obstructing fire lanes shall be prohibited at all times.

(Code 1970, § 7-2; Ord. of 6-8-1976)

Sec. 7-3. - Fire lanes on private property devoted to public use—Penalty for violation.#

Whenever a person shall be charged with obstructing a fire lane, such person shall be notified in writing by a police officer to appear on a day and hour stated in such notice to answer such charge before the district court having jurisdiction thereof. Such notice shall specify the location of the fire lane in which such violation occurred and the date and time of such violation. Failure to comply with fire lane provisions shall be punished as provided in section 1-12; providing, however, that the fire chief may, when he deems conditions warrant immediate action, cause said vehicle to be removed by commercial towing at the expense of the owner thereof in addition to the said district court action.

(Code 1970, § 7-3; Ord. of 6-8-1976)

Sec. 7-4. - Fire rescue service fees.#

Each individual or medical insurer of such individual receiving emergency medical service in the town shall be billed for such services at an amount equal to 150 percent of the annually adjusted Medicare rate. Such emergency medical services shall include, but not be limited to, the following services: (1)

Basic life support, emergency and nonemergency;

(2)

Advanced life support, emergency and nonemergency;

(3)

Advanced life support 2;

(4)

SCT;

(5)

Oxygen;

(6)

Airways;

(7)

MAST;

(8)

IV therapy/IV drugs;

(9)

Cardiac monitoring;

(10)

Defibrillation; and

(11)

Mileage.

(Code 1970, § 7-3.1; Res. No. 99-112, 4-20-1999; Ord. No. 2009-1, 2-17-2009)

Secs. 7-5—7-26. - Reserved.#

ARTICLE II. - FIRE PREVENTION#

Sec. 7-27. - State code adopted.#

The town hereby adopts as the fire prevention code of the town the state fire safety code being G.L. 1956, ch. 23-28.1, as it shall from time to time be amended, as well as the applicable provisions as they shall from time to time be amended.

(Code 1970, § 7-16; Ord. of 4-2-1996; Res. No. 96-66, 4-2-1996; Ord. No. 2017-10, 3-21-2017; Ord. No. 2022-17, 12-20-2022)

Sec. 7-28. - Open fires regulated.#

(a)

Generally. The burning of any material on public or private property is hereby prohibited, and no person shall kindle or maintain open fires within the town.

(b)

Exceptions.

(1)

Cooking of foods on barbecues, fireplaces or grills, open pits or other types of cooking apparatus or any other means of outdoor cooking, provided such cooking is not in violation of section 7-29;

(2)

Burning of wood or charcoal for recreational purposes in commercial fireplaces or grills, open pits or other types of combustion apparatus, provided such use is not in violation of section 7-29. Commercial fireplaces or grills, open pits or other types of combustion apparatus must be covered with proper fitting screens so as to provide spark control.

(3)

Variances allowed by the state pursuant to G.L. 1956, § 23-23-15.

(c)

Special permit. Upon application to the town council and after a hearing, the town council may suspend in whole or in part the provisions of this article where it can be shown that the enforcement thereof would constitute undue hardship without a corresponding benefit or advantage obtained thereby in accordance with G.L. 1956, ch. 23-23, and the town council shall set the terms and conditions. Upon such suspension and payment of a fee to be set from time to time by resolution of the town council, the town clerk shall issue a permit stating said terms and conditions.

(Code 1970, § 7-19; Ord. of 8-10-1971, § 1-3; Res. of 9-7-1982; Ord. of 4-2-1996; Res. No. 96-66, 4-2-1996; Ord. No. 2008-18, 10-21-2008; Ord. No. 2013-46, 10-1-2013)

Sec. 7-29. - Nuisance fire and smoke.#

(a)

Generally. Pursuant to G.L. 1956, § 23-23-18(b) and (c), the town may regulate and prohibit open fires for the health, safety and protection of its residents.

(1)

In the event that an open fire or smoke emanating from any open fire, including, but not limited to, those exempt herein or authorized by special permit, is determined to cause an annoyance and nuisance to owners, lessees, occupants or persons in general by way of fumes, soot, ashes, dust, smoke, odors, sparks and the like, then in such event, said fire shall be extinguished immediately upon notification by the fire chief or his designee.

(2)

If a determination is made that an open fire is causing an annoyance and nuisance and the open fire is not extinguished immediately, the fire chief or his designee may enter upon the property and extinguish said fire.

(b)

Penalties.

(1)

For each violation, there shall be a fine of not more than $20.00 or imprisonment of not more than ten days.

(2)

The fire department of said town shall enter and extinguish illegal fires upon private land and shall report the same to the police department for prosecution.

(Code 1970, § 7-19.1; Ord. of 4-2-1996; Res. No. 96-66, 4-2-1996; Ord. No. 2008-18, 10-21-2008)

Sec. 7-30. - Self-service motor fuel dispensing stations.#

The term "self-service stations" is defined as that portion of property where flammable and combustible liquids used as motor fuels are stored and subsequently dispensed from fixed equipment in the fuel tanks of motor vehicles by persons other than service station attendants, and shall include facilities available for sale of other retail products, and the operation of such stations shall be subject to the following provisions: (1)

Self-service dispensers. A remote-controlled dispensing device approved by the authority having jurisdiction. The coin- and/or card-operated types are not acceptable in the town.

(2)

Attendant required. All self-service stations shall have at least one qualified attendant on duty while the station is open to the public. During all times that Class I liquids are actually being dispensed, the attendant's primary function shall be to supervise, observe and control the dispensing of said liquids. It shall be the responsibility of the attendant to prevent the dispensing of Class I liquids into portable containers unless the container is constructed of metal or approved plastic, or is approved by the authority having jurisdiction, has a tight closure with a screwed or spring cover, and is fitted with a spout or so designed that the contents can be poured without spilling. It shall also be the responsibility of the attendant to control sources of ignition, and to immediately handle accidental spills and fire extinguishers if needed. The attendant or supervisor on duty shall be capable of performing the functions and assuming the responsibilities covered in this section.

(3)

Attendant's control and supervision. At self-service stations, the attendant shall be required to remain within an arm's length distance of the remote-controlled console at all times while Class I liquids are being dispensed. A post-payment operation is advocated to ensure the attendant's compliance with the foregoing provision.

(4)

Emergency controls.

a.

A main power shut-off switch shall be installed at a location not more than 15 feet from the attendant's principal control location and not more than 100 feet from the dispensers.

b.

A fixed fire extinguisher system suitable for the extinguishment of Class B (flammable liquid) fires acceptable to the authority having jurisdiction, and covering the entire gasoline dispensing area, shall be installed at each self-service station. Said system shall be capable of being activated, either manually or automatically; however, if it is to be activated manually, the triggering device shall not be more than 15 feet from the attendant's principal control location and not more than 100 feet from the dispensers. Activation of the fixed fire protection system shall automatically shut off the power supply to the dispensing devices on the island involved. The entire gasoline dispensing area, referred to above, is construed to mean that area encompassing the self-service island. If, however, an adjacent attended island (normally serviced by a regular attendant dispensing motor fuel) is in too close proximity to the self-service island in the opinion of the authority having jurisdiction, then a fixed fire protection system may be required there also.

(5)

Operation instructions. Instructions for the operation of the dispensers shall be conspicuously posted on either the dispenser or the dispenser island.

(6)

Emergency procedures. A list of emergency procedures and instructions shall be conspicuously posted at the immediate vicinity of the attendant's principal control location.

(7)

Clear observation. The dispensing operation shall at all times be in clear view of the attendant, and the placing or allowing of any obstacle to come between the dispensing operation and the attendant, so as to obstruct the attendant's view, is prohibited.

(8)

Delivery nozzles. Hose nozzle valves used at self-service islands shall be an approved automatic closing type without a latch-open device.

(9)

Voice communication control. A voice communication system, such as, but not limited to, an intercom system, so as to allow direct voice communication at all times between the person dispensing the fuel and the attendant, shall be required.

(10)

Warning sign. On each and every dispenser island there shall be conspicuously posted the following words of warning:

a.

"WARNING: IT IS UNLAWFUL TO DISPENSE GASOLINE INTO ANY PORTABLE CONTAINER UNLESS THE CONTAINER IS CONSTRUCTED OF METAL OR IS APPROVED BY THE FIRE DEPARTMENT."

b.

"NO SMOKING."

c.

"SHUT OFF MOTOR WHILE MOTOR FUEL IS BEING DISPENSED."

d.

"NO PERSON UNDER 16 YEARS OF AGE SHALL OPERATE A GASOLINE DISPENSING DEVICE AT A SELF-SERVICE STATION."

(Code 1970, § 7-20; Ord. of 8-8-1972; Ord. of 4-2-1996)

Sec. 7-31. - Fire prevention plan, fire alarm system and sprinkler system review and inspection fee.#

(a)

To offset the cost of plan reviews by the town fire department, the following fees will be assessed upon filing for a building permit at the building inspection office. The plan review will include all fire protection and life safety requirements. All drawings to be submitted for review shall be correct and in compliance with the applicable codes and standards.

(b)

The fees for fire prevention plan, fire alarm system and sprinkler system review and first and final inspections shall be set from time to time by resolution of the town council.

(Code 1970, § 7-21; Ord. No. 2001-9, § 1, 6-5-2001; Ord. No. 2013-46, 10-1-2013)

Sec. 7-32. - Storage of fuel.#

(a)

Generally. No person shall store, keep or have in possession for any purpose or use in any building or place within the town more than five gallons, but not exceeding 10,000 gallons, of naphtha, gasoline or other products of petroleum without first complying with and subject to the following:

(1)

The person must have first filed with the building official a statement of maximum quantity of the same to be kept, stored, or had in possession, and of the place, way and manner in which the same is to be kept, stored or had in possession, and obtained his approval thereof. Any such approval may be rescinded at any time at the leisure of the town council.

(2)

The petroleum products shall not be stored, kept or had in possession in any greater quantity or in any other place or manner than that specified in the approval.

(3)

Not more than five barrels in the aggregate of any one or more substances shall be stored or kept in any building or place in the town except in a steel tank which shall be located underground, the top of which, if located in any building, shall be below the level of the lowest floor basement in the building containing the same, and all pipes of which shall be arranged to drain back into the supply tank, or if, in the opinion of the building official, the public safety will be as well or better protected by having the tank in any particular location otherwise than underground, then in such other location as may be approved in writing by the building official, but any such approval may be rescinded at any time at the pleasure of the inspector.

(4)

Nothing in this section shall apply to the storing of naphtha, benzene, gasoline or other products or petroleum in the tanks of vehicles using the same for fuel or motor power.

(b)

Storage of flammable liquids; plans, permits and inspections. No person shall store or permit to be stored more than five gallons of flammable liquids, petroleum products, or other hydrocarbons without first filing an application with the town fire chief as provided for in state law. The application shall be accompanied by a fee in the amount established from time to time by the town council.

(Code 1970, §§ 10-95, 10-96; Ord. of 6-8-1937, § 31; Res. of 4-2-1979; Res. of 6-2-1981; Ord. No. 2013-46, 10-1-2013)