Chapter 16 - FIRE PREVENTION AND PROTECTION
Part of the Code of Ordinances of Ridgeland, SC.
The text
ARTICLE I. - IN GENERAL#
Secs. 16-1—16-18. - Reserved.#
ARTICLE II. - FIRE PREVENTION CODE#
Sec. 16-19. - International Fire Code adopted.#
The 2015 International Fire Code is adopted except as modified, deleted or amended within this Code. Should any conflict exist between the International Fire Code and any town ordinance or state law, the town ordinance or state law shall prevail.
(Code 1995, § 8.04.010; Code 2006, § 92.01; Ord. of 3-16-1995; Ord. No. 07-02, 5-16-2002)
Sec. 16-20. - Enforcement.#
The International Fire Code shall be enforced by the fire chief by plan review for new structures and an active inspection program for existing structures. Violators of the International Fire Code may be cited by the fire chief by the issuance of a town ordinance summons.
(Code 1995, § 8.04.020; Code 2006, § 92.02; Ord. of 3-16-1995)
Sec. 16-21. - Annual building inspections.#
(a)
At least once each year, the fire chief shall inspect each commercial building within the town and ascertain that the International Fire Code is being complied with.
(b)
Violations shall be reported to the owner or his agent in writing. The owner shall be given 30 days from the time the report is provided to make necessary corrections. After 30 days, the fire chief shall conduct another inspection to ensure compliance.
(c)
Should special and unusual circumstances prevent compliance within the 30-day period, the fire chief may grant an additional specific number of days to correct deficiencies noted in the inspection report.
(d)
Failure to correct deficiencies noted during an inspection within the time provided above shall be a misdemeanor and shall be punishable as set forth in section 1-14. Each day a violation continues shall be a separate offense.
(Code 1995, § 8.04.040; Code 2006, § 92.04; Ord. of 3-16-1995)
Secs. 16-22—16-45. - Reserved.#
ARTICLE III. - FIRE SAFETY REGULATIONS#
Sec. 16-46. - False fire alarms.#
It is unlawful for any person to knowingly give a false fire alarm. It is unlawful to give alarm of fire by activating a call box, telephoning, informing any third person that an emergency exists knowing the same to be untrue, or in any other manner, communicating falsely to the fire department that an emergency exists.
(Code 1995, § 8.08.010; Code 2006, § 92.20)
Sec. 16-47. - Fire hydrants and waterlines.#
It is unlawful for any person, except a member of the fire department or a person expressly authorized by the superintendent of the waterworks, to open or otherwise tamper with or obstruct any fire hydrants or waterlines.
(Code 1995, § 8.08.020; Code 2006, § 92.21)
Sec. 16-48. - Driving over fire hose.#
It is unlawful for any person to drive a vehicle of any description over or across a fire hose stretched or laid upon the ground for use at a fire for practice of the firefighters or for any other proper purpose of the fire department.
(Code 1995, § 8.08.030; Code 2006, § 92.22)
Sec. 16-49. - Interfering with firefighters.#
(a)
It is unlawful to hinder or obstruct any firefighter or other authorized person while the person is answering a fire call or any other emergency call or to hinder or obstruct a person who is attempting to extinguish a fire or remedy any emergency while acting in an official capacity.
(b)
The failure to obey any lawful order of any official of the fire or police department at the scene of any emergency shall constitute a violation of this section.
(Code 1995, § 8.08.040; Code 2006, § 92.23)
Sec. 16-50. - Tampering with fire equipment.#
(a)
It is unlawful for any unauthorized person to use, borrow or tamper with any equipment of the fire department without the express consent of the fire department.
(b)
Equipment shall be construed to mean all vehicles, firefighting apparatus, supplies, facilities or other material belonging to the fire department.
(Code 1995, § 8.08.050; Code 2006, § 92.24)
Sec. 16-51. - Following or parking near fire equipment.#
The driver of any vehicle, other than one on official business, shall not follow any fire apparatus traveling in response to a fire alarm closer than 500 feet or drive into or park a vehicle within the block where a fire apparatus has stopped in answer to a fire alarm.
(Code 1995, § 8.08.060; Code 2006, § 92.25)
Sec. 16-52. - Obstructing fire equipment.#
No person shall park any vehicle or otherwise cause any obstruction to fire equipment at a fire or at an entrance to the fire station, nor park within ten feet of any fire hydrant. It is unlawful to interfere with or obstruct the activities of any member of the fire department who is acting in the line of duty at or proceeding to a fire.
(Code 1995, § 8.08.070; Code 2006, § 92.26)
Sec. 16-53. - Penalty for criminal carelessness.#
If the investigating officer shall consider that any fire is due to criminal carelessness, the person responsible for it shall be indicted before a magistrate for a misdemeanor and, upon conviction for the same, may be punished as set forth in section 1-14.
(Code 1995, § 8.08.080; Code 2006, § 92.27)
Sec. 16-54. - Fire investigations.#
The fire chief shall investigate the cause of all fires. If arson is suspected, the fire chief shall request assistance from appropriate local and state agencies to conduct a thorough and complete investigation.
(Code 1995, § 8.08.090; Code 2006, § 92.28; Ord. of 3-16-1995)
Sec. 16-55. - Fire and fireworks near buildings.#
It is unlawful for any person to build or ignite a fire or to shoot or discharge fireworks in any place within the corporate limits of the town that would endanger any property or building.
(Code 1995, § 8.08.100; Code 2006, § 92.29)
Secs. 16-56—16-83. - Reserved.#
ARTICLE IV. - OUTDOOR AND OPEN BURNING#
Sec. 16-84. - Purpose.#
This article is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the town by regulating the air pollution and fire hazards of open burning and outdoor burning.
(Ord. No. 01-2016, § 1, 3-17-2016)
Sec. 16-85. - Applicability.#
This article applies to all outdoor burning and open burning within the town. (1)
This article does not apply to grilling or cooking food using charcoal, wood, propane or natural gas in cooking or grilling appliances.
(2)
This article does not apply to burning for the purpose of generating heat in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation.
(3)
This article does not apply to the use of propane, acetylene, natural gas for maintenance activities.
(Ord. No. 01-2016, § 2, 3-17-2016)
Sec. 16-86. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Clean wood means natural wood which has been painted, varnished or coated with a similar material; has not been pressure-treated with preservatives; and does not contain resins or glues as in plywood or other composite wood products.
Construction and demolition waste means building waste materials, including, but not limited to, waste shingles, insulation, lumber, treated wood, painted wood, wiring, plastics, packaging, and rubble that results from construction, remodeling, repair, and demolition operations on a house, commercial, or industrial building, or other structure.
Fire chief means the chief of the town fire department or other person designated by the fire chief.
Municipality means the town municipal boundaries.
Open burning means kindling or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or a chimney. This includes burning in a burn barrel.
Outdoor burning means open burning or burning in an outdoor wood-fired boiler or patio wood-burning unit.
Outdoor wood-fired boiler means a wood-fired boiler, stove or furnace that is not located within a building intended for habitation by humans or domestic animals.
Patio wood-burning unit means a patio warmer, or other portable wood-burning device, used for outdoor recreation and/or heating.
Refuse means any waste material, except trees, logs, brush, stumps, leaves, grass clippings, and other vegetative matter.
(Ord. No. 01-2016, § 4, 3-17-2016)
Sec. 16-87. - General prohibition on outdoor burning and open burning.#
Open burning and outdoor burning are prohibited in the town unless the burning is specifically permitted by this article.
(Ord. No. 01-2016, § 5, 3-17-2016)
Sec. 16-88. - Open burning of refuse.#
(a)
Open burning of refuse from a commercial or industrial establishment is prohibited.
(b)
Open burning of refuse from and at a one- to two-family dwelling is allowed if all the following conditions are met:
(1)
The burning does not create a nuisance, such as no materials shall be burned that create a foul or offensive odor or that cause smoke emissions that are reasonably offensive to occupants of surrounding property.
(2)
The burning is conducted in a container constructed of metal or masonry or in area approved by the fire chief or his designee.
(3)
The material being burned is not prohibited under subsection (c) of this section.
(4)
A permit issued in accordance with section 16-91 has been obtained.
(c)
Open burning of the following materials is prohibited:
(1)
Construction and demolition waste.
(2)
Hazardous substances, including, but not limited to, batteries, household chemicals, pesticides, used oil, gasoline, paints varnishes, and solvents.
(3)
Furniture and appliances.
(4)
Tires.
(5)
Any plastic materials, including, but not limited to, nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films, and plastic containers.
(6)
Treated or painted wood, including, but not limited to, plywood composite wood products or other wood products that are painted, varnished or treated with preservatives.
(Ord. No. 01-2016, § 6, 3-17-2016)
Sec. 16-89. - Open burning of trees, logs, brush, stumps, leaves, and grass clippings.#
Open burning of trees, logs, brush, stumps, leaves, and grass clippings is allowed only in accordance with all of the following provisions: (1)
Except for barbeque, gas, and charcoal grills, no open burning shall be undertaken during periods when the state forestry commission has issued a burning ban applicable to the area.
(2)
All allowed open burning shall be conducted in a safe, nuisance-free manner, when wind and weather conditions minimize adverse effects and do not create a health hazard or a visibility hazard on roadways, railroads, or airfields. Open burning shall be conducted in conformance with all local and state fire protection regulations.
(3)
Outdoor campfires and small bonfires for cooking, ceremonies, or recreation are allowed, provided they do not cause a nuisance and the fire department has been notified.
(4)
Open burning under this section shall only be conducted at a location at least 150 feet from the nearest building which is not on the same property, unless granted permission by the fire chief or his designee.
(5)
Open burning shall be allowable in all months; however, the town fire department does not allow these types of burning on Sundays.
(6)
Open burning shall be constantly attended and supervised by a competent person of at least 18 years of age until the fire is extinguished and is cold. The person shall have readily available for use such fire extinguishing equipment as may be necessary for the total control of the fire.
(7)
No materials may be burned upon any street, curb, gutter or sidewalk.
(8)
Except for barbeque, gas, and charcoal grills, no burning shall be undertaken within 50 feet from any combustible material, combustible wall or partition, exterior window opening, exit access or exit unless authorized by the fire chief or his designee.
(9)
No open burning may be conducted on days when the town fire department has scheduled activities that reduce the amount of equipment or employees.
(Ord. No. 01-2016, § 7, 3-17-2016)
Sec. 16-90. - Agriculture burning.#
Open burning of weeds, brush, and crops on agricultural lands is allowed if conducted in accordance with other applicable provisions of this article and following guidelines set forth by the state forestry commission and the state department of health and environmental control.
(Ord. No. 01-2016, § 8, 3-17-2016)
Sec. 16-91. - Burning permits.#
(a)
No person shall start or maintain any outdoor burning or open burning covered under this section without a burning permit issued by the fire chief or authorized designee of burning permits.
(b)
Any person responsible for burning leaves, brush, clean wood, or other vegetative debris under section 16-89 shall obtain a one-time burning permit good for each calendar day before starting the fire. There is no fee for each one-time burning permit.
(c)
A patio wood-burning unit does not require a permit, provided that the fire complies with all other applicable provisions of this article.
(d)
When weather conditions or extenuating circumstances, such as medical conditions, of the surrounding population warrant, the fire chief may temporarily suspend previously issued burning permits for open burning.
(e)
A burning permit issued under this section shall require compliance with all applicable provisions of this article and any additional special restrictions deemed necessary to protect public health and safety.
(f)
Any violation of the conditions of a burning permit shall be deemed a violation of this article. Any violation of this article or the burning permit shall void the permit.
(g)
Any person wishing to obtain a permit must contact the fire station and give his name, phone number, and E-911 address.
(Ord. No. 01-2016, § 9, 3-17-2016)
Sec. 16-92. - Liability.#
A person utilizing or maintaining an outdoor fire shall be responsible for all fire suppression costs and other liability resulting from damage caused by the fire.
(Ord. No. 01-2016, § 10, 3-17-2016)
Sec. 16-93. - Right.#
(a)
The fire chief or any authorized officer, agent, employee, or representative of the town fire department who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this article.
(Ord. No. 01-2016, § 11, 3-17-2016)
Sec. 16-94. - Enforcement and penalties.#
(a)
The fire chief, or his authorized designees, are authorized to enforce the provisions of this article.
(b)
Any person, firm, association, partnership, cooperation, or governmental entity who violates any of the provisions of this article or fails to comply with this article shall be deemed to be responsible for a municipal civil infraction as defined by the town and shall be punishable by civil fine determined in accordance with the following schedule:
Offense Minimum Fine
1st offense within one-year period Written warning
2nd offense with one-year period $500.00 fine, plus court assessments
3rd offense with one-year period $1,000.00 fine, plus court assessments
(c)
Restitution of additional costs for manpower and equipment may also be mandated by the chief or his authorized designee according to the schedule set forth above.
(Ord. No. 01-2016, § 12, 3-17-2016)
Sec. 16-95. - Fire suppression training.#
Notwithstanding sections 16-87 and 16-88, structures and other materials may be burned for fire prevention training only in accordance with all of the following provisions: (1)
The burning must be exclusively for fire prevention training. The burning shall not be used as a means to dispose of waste or material, including tires and other hazardous material.
(2)
All asbestos must be removed prior to the conduction of the fire suppression training. If the structure is a residential dwelling, the owner may remove the asbestos or have it removed by a licensed abatement contractor. If it is a commercial building, all asbestos must be removed by a licensed abatement contractor.
(3)
Asphalt shingles and asphalt or plastic siding shall be removed prior to the practice burn unless the fire chief determines that they are necessary for the fire practice.
(4)
All fire suppression training should conform to the guidelines established by the National Fire Protection Association (NFPA) Standard on Live Fire Training Evolutions (NFPA 1403).
(Ord. No. 01-2016, § 13, 3-17-2016)