Chapter 12 - FIRE PREVENTION AND PROTECTION

ARTICLE I. - IN GENERAL#

Secs. 12-1—12-18. - Reserved.#

ARTICLE II. - FIRE DEPARTMENT#

DIVISION 1. - GENERALLY#

Sec. 12-19. - Creation.#

There is hereby created a fire department to be known as the town fire department.

(Code 1981, § 10-111)

Sec. 12-20. - Employees.#

The fire chief may make recommendations to the mayor relating to the employment of firefighters and such other personnel as may be necessary to enforce the provisions of this chapter. The chief may employ such additional personnel as the mayor and town council may direct or authorize.

(Code 1981, § 10-123)

Secs. 12-21—12-43. - Reserved.#

DIVISION 2. - FIRE CHIEF#

Sec. 12-44. - Creation of position.#

There is hereby created the position of chief of the fire department.

(Code 1981, § 10-121)

Sec. 12-45. - Powers and duties.#

(a)

The fire chief shall have responsibility for the general supervision of the fire department.

(b)

During a fire, the chief shall have full authority to take all measures as he shall deem necessary, subject to state law, to control and extinguish the fire and for that purpose he is hereby made a special peace officer.

(c)

The chief shall at least quarterly report to the town council the condition of the fire equipment, the number of fires, their causes and the estimated loss therefrom, together with such other information as the town council may request or as he shall deem appropriate.

(d)

The chief shall strictly enforce all of the provisions of the ordinances of the town relating to the protection against and prevention of fire.

(e)

The chief shall maintain the equipment of the department in good repair and order and ready for use.

(f)

The chief, subject to the approval of the mayor and town council, shall establish rules and regulations for the operation of the department.

(g)

The chief may delegate his duties to any person employed by the department, but such delegation shall not relieve the chief of his responsibility for the performance thereof.

(h)

The chief shall cause all fires to be promptly investigated to determine the cause of the fire and report the cause of the fire, the time originated and such other information as may be relevant to prevent other fires.

(Code 1981, § 10-122)

Secs. 12-46—12-63. - Reserved.#

DIVISION 3. - POWERS AND DUTIES OF DEPARTMENT#

Sec. 12-64. - Emergency vehicles.#

Fire trucks are hereby designated authorized emergency vehicles.

(Code 1981, § 10-131)

Sec. 12-65. - Removal of obstructions at fire.#

The officer in charge at any fire may order the removal or destruction of any fence, building or structure, or that any utility be closed, cut or removed, when deemed necessary to control, extinguish or prevent the spread of fire.

(Code 1981, § 10-132)

Sec. 12-66. - Control of persons.#

All persons present at a fire shall obey the orders of any firefighters.

(Code 1981, § 10-133)

Sec. 12-67. - Interference with firefighters in discharge of duties.#

Every person at the scene of any fire who disobeys the lawful orders of any public officer or firefighter, offers any resistance to or interference with the efforts of any firefighter or company of firefighters to extinguish a fire, engages in any disorderly conduct calculated to prevent the same from being extinguished, or who forbids, prevents or dissuades others from assisting to extinguish a fire is guilty of an infraction.

(Code 1981, § 10-134)

Sec. 12-68. - Unlawful interference with officers, apparatus, water, etc.#

Any person who shall willfully hinder any officer or firefighter in the discharge of his duty at a fire, in any manner injure, deface or destroy any engine, hose or other fire apparatus belonging to the town, who shall interfere with any fire company or person, who shall willfully break or injure any water pipe or interfere with the water or its source of supply shall be deemed guilty of a Class B misdemeanor and shall be punished accordingly.

(Code 1981, § 10-135)

Sec. 12-69. - Investigation after fire report.#

The fire chief, or such other persons as he shall designate, shall, after extinguishing a fire, make a prompt and thorough investigation of the cause of the fire, the time the fire began, the amount of loss and insurance, a description of the affected buildings and premises, and shall secure all other useful information available, and record the same in a record book kept for that purpose in the office of the fire department and shall report the same to the town council at such time as it may direct.

(Code 1981, § 10-136)

Sec. 12-70. - Right to enter upon and inspect premises.#

The fire chief or his deputies, upon presentation of proper credentials, shall have the right to enter upon any premises at all reasonable hours for the purpose of making inspections.

(Code 1981, § 10-137)

Sec. 12-71. - Males present at fire subject to orders.#

Every male person 18 years or older present at a fire shall be subject to the orders of the officer in command and shall render assistance in the manner directed by the officer in command.

(Code 1981, § 10-138)

Sec. 12-72. - False alarm.#

It shall be unlawful for any person to turn in or report to the fire department a false alarm or report of a fire or to tamper with or remove any part of the fire alarm system.

(Code 1981, § 10-139)

Sec. 12-73. - Establishment and duties of bureau of fire prevention.#

(a)

The Uniform Fire Code shall be enforced by the bureau of fire prevention in the town fire department which is hereby established and which shall be operated under the supervision of the fire chief.

(b)

The fire chief may detail such members of the fire department as inspectors as shall from time to time be necessary. The fire chief shall recommend to the mayor the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and nonmembers of the fire department, and appointments made after examination shall be for an indefinite term with removal only for cause.

(Code 1981, § 10-152)

Secs. 12-74—12-104. - Reserved.#

ARTICLE III. - STANDARDS#

Sec. 12-105. - Definitions.#

The following words, terms and phrases, when used in the Uniform Fire Code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Corporation counsel means the attorney for the town.

Jurisdiction means the boundaries of the town.

(Code 1981, § 10-153)

Sec. 12-106. - State fire code adopted.#

The state fire code is hereby adopted the by the town, for the purpose of prescribing regulations governing conditions hazardous to life and protecting property from fire or explosion, that certain code, known as the 1979 edition of the Uniform Fire Code as recommended by the Western Fire Chiefs Association and the International Conference of Building Officials, except to the extent it is hereinafter modified or amended by section 12-110. One copy of the fire code has been and is now filed in the office of the clerk/recorder for use and inspection by the public.

(Code 1981, § 10-151)

State Law reference— State Fire Code, U.C.A. 1953, § 15A-1-403.

Sec. 12-107. - Establishment of limits of districts in which bulk plants or storage of flammable or combustible liquids in outside above-ground tanks is to be prohibited.#

(a)

The limits referred to in section 15.201 of the Uniform Fire Code, in which storage of flammable or combustible liquids in outside above-ground tanks is prohibited, are hereby established and are on file in the clerk/recorder's office.

(b)

The limits referred to in section 15.601 of the Uniform Fire Code, in which new bulk plants for flammable or combustible liquids are prohibited, are hereby established and are on file in the clerk/recorder's office.

(Code 1981, § 10-154)

Sec. 12-108. - Establishment of limits in which bulk storage of liquefied petroleum gases is to be restricted.#

The limits referred to in section 20.105(a) of the Uniform Fire Code, in which the bulk storage of liquefied petroleum gas is restricted, are hereby established and are on file in the clerk/recorder's office.

(Code 1981, § 10-155)

Sec. 12-109. - Establishment of limits of districts in which storage of explosives and blasting agents is prohibited.#

The limits referred to in section 11.106(b) of the Uniform Fire Code, in which the storage of explosives and blasting agents is prohibited, are hereby established and are on file in the clerk/recorder's office.

(Code 1981, § 10-156)

Sec. 12-110. - Amendments made in the Uniform Fire Code.#

Any amendments to the Uniform Fire Code shall be on file in the clerk/recorder's office.

(Code 1981, § 10-157)

Sec. 12-111. - Appeals.#

Whenever the chief shall disapprove an application, refuse to grant a permit for which an application has been received, or when it is claimed that the provisions of the fire code do not apply or that the true intent and meaning of the fire code has been misconstrued or wrongly interpreted, the applicant may appeal the decision of the chief to the town council within 30 days from the date of such decision.

(Code 1981, § 10-158)

Sec. 12-112. - New materials, processes or occupancies which may require permits.#

The building inspector and the chief of the bureau of fire prevention shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits in addition to those now enumerated in the fire code. The chief of the bureau of fire prevention shall post such list in a conspicuous place in his office and distribute copies thereof to interested persons.

(Code 1981, § 10-159)

Sec. 12-113. - Penalties.#

(a)

Any person who shall violate any of the provisions of the Uniform Fire Code or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the town council or by a court of competent jurisdiction within the time fixed herein shall, severally for each and every such violation and noncompliance respectively, be guilty of a Class B misdemeanor punishable by a fine of not less than $5.00 nor more than $99.00 or by imprisonment of not less than two days nor more than 99 days, or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All persons shall be required to correct or remedy such violations or defects within a reasonable time, and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense.

(b)

The application of the penalty in subsection (a) of this section shall not be held to prevent the enforced removal of the prohibited condition.

(Code 1981, § 10-160)

Secs. 12-114—12-145. - Reserved.#

ARTICLE IV. - OPEN BURNING#

Sec. 12-146. - Declared unlawful; exceptions.#

(a)

Except as provided in subsection (b) of this section, it shall be unlawful for any person to create or permit to be created an open burning of any kind.

(b)

The following burnings are exempt from subsection (a) of this section:

(1)

For the purpose of outdoor cooking in contained barbecues or pits with a cooking area no larger than six feet in diameter;

(2)

Other outdoor cooking facilities meeting the approval of the fire chief;

(3)

Other open fires, fireworks, torches or open burnings specifically allowed for under another portion of this Code after obtaining the necessary approval of the fire chief;

(4)

Controlling weed growth along ditch banks incident to clearing those ditches for irrigation purposes after obtaining any necessary approval or permit; and

(5)

Controlled burning of not more than two structures per year under the direct control of the town volunteer fire department for the purpose of training fire service personnel when the United States Weather Service clearing index is above 500.

(Ord. of 6-7-2010, § 10-180-1)