§ 16-33. Schedule of fines for fire offenses.  


Latest version.
  • The following fine for fire code offenses shall upon conviction be guilty of a misdemeanor and shall be punished by a fine amount not to exceed $500.00 or by imprisonment not exceeding 30 days.

    102.2. Unsafe building. All unsafe buildings or structures which do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health, are considered unsafe buildings. All such unsafe buildings are hereby declared illegal, and the fire official shall refer the building or structure to the fire marshal for abatement by repair and rehabilitation or by demolition. Any building or structure that has burned, is deemed unlivable, and is unoccupied for a period of 45 days or more, provided that it is not subject to litigation or investigation for arson, shall be deemed unsafe, and, if no written notice has been received by the fire marshal that such building or structure will begin a process of repair and rehabilitation, or demolition, within the following 30-day period, such building or structure will be demolished with costs for demolition to be fixed to the property in the form of a lien against the property.

    501.6. Kindling of fire on land of others. No person shall kindle or allow to be kindled, fire upon the land of another without permission of the owner of such land or his agent.

    502.5. Open flame or light restricted. No person shall take an open flame or light into any building, barn, vessel, boat or any other place where highly flammable, combustible or explosive material is kept, unless such light or flame shall be well secured in a glass globe, wire mesh cage or similar approved device. No heating or lighting apparatus or equipment capable of igniting flammable materials of the types stored or handled shall be used in the storage area of any warehouse storing any flammable or combustible material; nor in the work area of any shop or factory classified as a hazardous area by the fire marshal.

    503.1. Failure to report fires. If a fire occurs on any property, the owner or occupant shall immediately report such fire to the fire department through appropriate means. A fire shall mean any fire not used for cooking, heating or recreational purposes or one not incidental to the normal operations of the property. The term "normal operations" does not include the burning of waste material in or around a construction site or for the purpose of clearing land.

    503.2.3. Unlawful to tamper with fire alarm equipment. It shall be unlawful for any person to tamper with or maliciously injure any fire alarm equipment maintained for the purpose of transmitting fire alarms to the fire department.

    503.2.2. False alarms. It shall be unlawful for any person to give, signal or transmit or for any person to cause or permit to be given, signaled or transmitted in any manner, any false alarm.

    601.2. Obstructing or disobeying an officer on a fire or emergency scene. Any person who obstructs the operations of the fire department in connection with extinguishing any fire, or other emergency, or disobeys any lawful command of the fire marshal or other officer of the fire department who may be in charge at such a scene, or any part thereof, or any police officer assisting the fire department, shall be guilty of a misdemeanor.

    602.2. Tampering with a hydrant, hose, extinguisher or alarm. No person shall remove, tamper with or otherwise disturb any fire hydrant or fire appliance required to be installed or maintained under the provisions of the Standard Fire Code, except for the purpose of extinguishing a fire, training purposes, recharging or making necessary repairs, or when permitted by the fire marshal. Whenever a fire appliance is removed as herein permitted, it shall be replaced or reinstalled as soon as the purpose for which it was removed has been accomplished.

    602.5.1. Obstructing a fire hydrant. No person shall place or keep any fence, growth, trash or other material near any fire hydrant that would prevent such hydrant from being immediately discernible or in any other manner hinder the fire department from gaining immediate access to a fire hydrant, including the parking of vehicles.

    602.5.2. Operating a fire hydrant. No person shall use or operate any hydrant or other valve installed on any water system intended for the use of the fire department for fire suppression purposes and which is accessible to any public highway, alley or private way open to or generally used by the public unless such person first secures a permit for such use from the fire marshal.

    602.6.2. Access to building by fire and emergency apparatus. The required width of access roadways shall not be obstructed in any manner, including the parking of vehicles in parking lots as well as on public roadways. Installation of "No Parking—Fire Lane" signs and appropriate pavement markings, will be required and, when installed, shall be maintained.

    802.1.1. Exit obstructions. In every building or structure, means of egress shall be so maintained as to provide free and unobstructed egress from all parts of the building or structure at all times and so as to be available for full instant use in case of fire or other emergency.

    802.2. Overcrowding. The number of occupants of any building or portion thereof shall not be permitted to exceed the allowed or posted capacity, determined by the fire marshal in accordance with the building code.

    802.3. Obstructed aisles and exits. In every portion of a building or area where seats, tables, merchandise, equipment or similar impediments to egress are present, required aisles shall be maintained free of all obstructions. Aisles, corridors or passageways leading directly to every exit shall be created and maintained free of all obstructions. Aisles, corridors or passageways leading directly to every exit shall be created and maintained in open floor areas where exits are not immediately accessible. In every business such aisles shall be so arranged as to provide access to at least two exits by separate paths of travel.

    802.4. Exit encumbrances. No person shall at any time place an encumbrance of any kind before or upon any fire escape, balcony or ladder intended as a means of escape from fire.

    802.5. Storage of combustibles by exits. In other than one-and two-family dwellings, no person shall place, store or permit to be place, stored or kept, any materials the presence or burning of which would obstruct a means of egress or which would render the same hazardous.

    805.21. Stairway obstruction. Stairs serving as required means of egress shall be clear of all obstructions except that handrails attached to walls may project not more than 3½ inches at each side within the required width.

    809.1. Failure to evacuate under order. When, in the opinion of the fire marshal or other fire officer, there is an actual or potential danger to the occupants or those in the proximity of any building, structure or premises because of unsafe structural conditions, or inadequacy of any means of egress, the presence of explosives, explosive fumes or vapors, or the presence of toxic fumes, gases or materials, or any other condition which creates a similar danger, the fire marshal or fire officer may order the immediate evacuation of such building, structure or premises, and persons shall not reenter until authorized to do so by the fire marshal or fire officer.

    902.5.3. Failure to remove abandoned tanks. Any tank which has been abandoned for a period of one year shall be removed from the property. If circumstances warrant, however, such tank may be abandoned in place and safeguarded as follows:

    (a)

    All flammable and/or combustible liquid shall be removed from the tank and all connecting lines;

    (b)

    The suction, inlet, gauge and vent lines shall be disconnected;

    (c)

    The tank and remaining stubs shall be filled completely with concrete or sand; and

    (d)

    All tank inlets and outlets shall be capped.

    907.4.1. Dispensing of flammable or combustible liquids. Delivery and/or dispensing of flammable or combustible liquids shall be made only into approved portable containers. The dispensing of flammable liquids into the fuel tank of a vehicle or into a container shall be under the supervision of a qualified attendant except service stations not open to the public. Such stations may be used by commercial, industrial, governmental or manufacturing establishments for refueling vehicles used in connection with their business.

    3101.14. Open flame prohibited in assembly. No person shall cause or permit any open flame to be used in any place of public assemblage, or drinking or eating establishments, except when used in conjunction with approved heating or cooking appliances, or after receipt of a permit issued from the fire marshal. No person shall use or allow to be used, any open flame or burning candles in connection with any public meeting or gathering for purposes of deliberation, worship, entertainment, amusement, instruction, education, recreation, awaiting transportation or similar purposes or in places of public assemblage such as churches, schools, restaurants, eating establishments, cocktail lounges or bars without first obtaining a permit from the fire marshal.

(Ord. No. 13-12, 1-7-14)

Editor's note

Ord. No. 13-12, adopted January 7, 2014, in effect repealed the former § 16-33, and enacted a new § 16-33 as set out herein. The former § 16-33 pertained to schedule of fines for severe offenses and derived from Ord. No. 98-08, adopted November 17, 1998.