Title 421 · Chapter 421 - FIRE AND RESCUE CAPITAL PROGRAM
Chapter 421 - FIRE AND RESCUE CAPITAL PROGRAM
Section: 421
Sec. 408.803. - Prima facie evidence. TITLE XIII - HEALTH CODE TITLE XII - FIRE PREVENTION CODE[1]
EXPAND Ch. 420. General Provisions Ch. 421. Fire and Rescue Capital Program Chs. 422—451. Reserved
Footnotes: --- (1) ---
Cross reference— Fire and rescue department, Ch. 31; construction regulations and building codes, Tit. VIII; fire limits, Ch. 322; fire protection safeguards during construction, § 324.601 et seq.; fire protection, Ch. 678.
Chapter 420 - GENERAL PROVISIONS[1]
Footnotes: --- (1) ---
State Law reference— Fire prevention and control generally, F.S. Ch. 633; minimum fire safety standards, F.S. § 633.025.
State rule reference—Fire administration, F.A.C. Ch. 4A-3 et seq.
PART 1. - GENERAL PROVISIONS
Sec. 420.101. - Legislative intent; short title; supplemental to Standard Fire Prevention Code.
(a)
It is the intent of this Code to prescribe supplemental regulations to the Standard Fire Prevention Code, as adopted in Section 321.104, consistent with nationally recognized good practice for the safeguarding to a reasonable degree of life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the use or occupancy of buildings or premises. Compliance with standards of the National Fire Protection Association or other approved nationally recognized safety standards shall be deemed to be prima facie evidence of compliance with this intent.
(b)
This Chapter 420 shall be known and may be cited as the Supplemental Fire Prevention Code and shall be referred to hereinafter as this Code.
(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, §§ 1, 4; Ord. 97-539-E, § 5)
Note— Former § 904-1.1.
Sec. 420.102. - Application of Code.
(a)
The provisions of this Code shall apply equally to new and existing conditions except that existing conditions not in strict compliance with the terms of this Code shall be permitted to continue where the exceptions do not constitute a distinct hazard to life or property in the opinion of the Chief, Fire Prevention.
(b)
Nothing contained in this Code shall be construed as applying to:
(1)
The transportation of an article or thing shipped under the jurisdiction of and in compliance with the regulations prescribed by the United States Department of Transportation nor as applying to the military forces of the United States.
(2)
Any structure, located outside the First Urban Services District, used solely for farming purposes and not intended or used for human occupancy.
(Ord. 68-27-17, § 9; Ord. 69-908-622, § 1; Ord. 70-650-526; Ord. 71-397-181; Ord. 71-650-307, § 1; Ord. 83-591-400, §§ 1, 4)
Note— Former § 904-1.2.
Sec. 420.103. - Right of entry.
In the event of an emergency, the Chief, Fire Prevention in the discharge of official duties and upon proper identification, shall have authority to enter any building, structure or premises at any reasonable hour. All other entry shall be with the consent of the owner or occupant of the building, structure or premises or, in the case of nonconsent, by search warrant or court order.
(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, §§ 1, 4)
Note— Former § 904-1.3.
Sec. 420.104. - Inspections of buildings and premises; fees.
(a)
It shall be the duty of the Director of Fire and Rescue to routinely inspect, or cause to be inspected by the Chief, Fire Prevention or by the Fire Operations Division officers or members, all buildings and premises, or portions thereof, except the interiors of dwellings, at all reasonable times and as often as may be necessary (which shall be determined by the Director of Fire and Rescue; Chief, Fire Prevention; or by the Fire Operations Division officers or members), for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, or endanger life from fire or any violations of the provisions or intent of this Code and of any other ordinance, law or regulation relating to fire safety.
(b)
In addition to the inspections authorized in paragraph (a) above, the Director of Fire and Rescue, the Chief, Fire Operations, Chief, Fire Prevention or a fire inspector upon the complaint of any person, or whenever he, she or they shall deem it necessary, shall inspect any buildings and premises within their jurisdiction.
(c)
Pursuant to F.S. § 633.216, the City is authorized and has elected to collect fire inspection fees for each inspection authorized in paragraph (a) above. Fire inspection fee amounts for each building, premises, or portions thereof, shall be calculated on a price per square foot basis for the total square footage of the area inspected and at the rate specified in Ch. 123. The maximum fee amount for each inspection may be capped and specified in Ch. 123, subject to the annual review of fees provisions in Section 106.112. A fire inspection fee bill ("Fee Bill") shall be generated by the City or an agent acting on behalf of the City. The Fee Bill shall then be submitted to the owner of the inspected space, who shall be responsible for the fee payment. This Section shall not apply to any fees assessed for any other services rendered by the Fire and Rescue Department.
(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, §§ 1, 4; Ord. 97-539-E, § 5; Ord. 2016-728-E, § 2)
Note— Former § 904-1.4.
Sec. 420.105. - Orders to eliminate dangerous or hazardous conditions.
Whenever any of the officers, members or inspectors of the Fire Operations Division or the Chief, Fire Prevention as mentioned in Section 420.104 shall find in a building or upon a premises dangerous or hazardous conditions or materials as follows, he or they shall order the dangerous conditions or materials to be removed or remedied in such manner as may be specified by the Chief, Fire Prevention:
(a)
Dangerous or unlawful amounts of combustible or explosive or otherwise hazardous materials;
(b)
Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible or explosive or otherwise hazardous materials;
(c)
Dangerous accumulations of rubbish, waste paper, boxes, shavings or other highly combustible materials;
(d)
Accumulations of dust or waste material in air conditioning or ventilating systems or of grease in kitchen or other exhaust ducts or inadequate clearances to unprotected combustible material from hoods, grease extractors and ducts;
(e)
Obstructions to or on fire escapes, designated access openings in exterior walls for Fire Department use, stairs, passageways, doors or windows liable to interfere with the operations of the Fire Operations Division or egress of occupants in case of fire;
(f)
A building or other structure which for want of repairs, lack of adequate exit facilities, automatic or other fire alarm apparatus or fire extinguishing equipment, or by reason of age or dilapidated condition, or from any other cause creates a hazardous condition.
Notwithstanding any other requirements of this Chapter, when, in the opinion of the Chief, Fire Prevention Division, an emergency exists which requires immediate action to protect the health, safety or general welfare of the public or occupants of a property, the procedures stated in Section 420.111 shall be followed.
(Ord. 70-650-526; Ord. 71-397-181; Ord. 71-650-307, § 2; Ord. 83-591-400, §§ 1, 4; Ord. 2014-701-E, § 1)
Note— Former § 904-1.5.
Sec. 420.106. - Service of orders.
(a)
The service of orders for the correction of violations of this Code shall be made upon the owner, occupant or other person responsible for the conditions, either by delivering a copy of them to the person or by delivering the copy to and leaving it with any person in charge of the premises, or in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of the premises. Whenever it may be necessary to serve such an order upon the owner of premises, the order may be served either by delivering to and leaving with the person a copy of the order, or if the owner is absent from the jurisdiction, of the officer making the order by sending the copy by certified or registered mail to the owner's last known post office address.
(b)
If buildings or other premises are owned by one person and occupied by another under lease or otherwise, the orders issued in connection with the enforcing of this Code shall apply to the occupant thereof, except where the rules or orders require the making of additions to or changes in the premises themselves, such as would immediately become real estate and be the property of the owner of the premises. In these cases the rules or orders shall affect the owner and not the occupant unless it is otherwise agreed between the owner and the occupant.
(Ord. 70-650-526; Ord. 71-397-181; Ord. 71-650-307, § 3; Ord. 83-591-400, §§ 1, 4)
Note— Former § 904-1.6.
Sec. 420.107. - Investigation of fires.
(a)
The Chief, Fire Prevention shall investigate the cause, origin and circumstances of every fire occurring in the City which is of suspicious nature or which involves loss of life or injury to persons or by which property has been destroyed or substantially damaged. These investigations shall begin immediately upon the occurrence of the fire and if it appears that the fire is of suspicious origin, the Director of Fire and Rescue shall be immediately notified of the facts. He shall take charge immediately of the physical evidence, shall notify the proper authorities designated by law to pursue the investigation of these matters, and shall further cooperate with the authorities in the collection of evidence in the prosecution of the case.
(b)
Every fire shall be reported in writing to the Director of Fire and Rescue within two days after its occurrence by the officer in whose jurisdiction the fire has occurred. The report shall be in such form as shall be prescribed by the Director of Fire and Rescue and shall contain a statement of facts relating to the cause, origin and circumstances of the fire, factors contributing to the spread of the fire, injury to persons, extent of the damage thereof, the insurance upon the property and other information as may be required.
(c)
The General Counsel and the Sheriff, upon request of the Chief, Fire Prevention, shall assist the inspectors in the investigation of any fire which in their opinion is of suspicious origin.
(Ord. 70-650-526; Ord. 71-397-181; Ord. 71-650-307, § 4; Ord. 83-591-400, §§ 1, 4; Ord. 97-539-E, § 5)
Note— Former § 904-1.7.
Sec. 420.108. - Fire records.
The Fire and Rescue Department shall keep records of all facts concerning the fires, including statistics as to the extent of the fires and the damage caused thereby and whether the losses were covered by insurance, and if so, in what amount. All these records shall be public. The Fire and Rescue Department shall establish, charge and collect a reasonable fee for each fire action report furnished to members of the public; provided, that the fee shall not apply to charitable nonprofit corporations.
(Ord. 70-650-526; Ord. 71-397-181; Ord. 73-89-44, § 1; Ord. 73-634-333, § 1; Ord. 81-990-445, § 1; Ord. 83-591-400, §§ 1, 4; Ord. 97-539-E, § 5)
Note— Former § 904-1.8.
Sec. 420.109. - Permits.
(a)
A permit shall constitute permission to maintain, store or handle materials or to conduct processes which produce conditions hazardous to life or property, or to install equipment used in connection with these activities. This permit does not take the place of any license required by law. It shall not be transferable and any change in use or occupancy of premises shall require a new permit.
(b)
Before a permit may be issued, the Chief, Fire Prevention or his assistants shall inspect and approve the receptacles, vehicles, buildings or storage places to be used. In cases where laws or regulations enforceable by departments other than the Chief, Fire Prevention are applicable, joint approval shall be obtained from all departments concerned.
(c)
All permits required by this Code which include the construction or alteration of a building or structure or which include the permanent installation of mechanical, electrical or plumbing equipment in a building or structure or on any premises shall be issued by the Chief of Building Inspection. All other permits shall be issued by the Chief, Fire Prevention. Applications for these permits shall be made in such form and detail as may be required by the issuing authority and shall be accompanied by plans or drawings as he may require.
(d)
Permits shall at all times be kept on the premises designated therein and shall at all times be subject to inspection by any officer or inspector of the Fire and Rescue Department or Office of the Sheriff.
(Ord. GG-146, § 4; Ord. 70-650-526; Ord. 71-397-181; Ord. 71-650-307, § 74; Ord. 83-591-400, §§ 1, 4; Ord. 97-539-E, § 5)
Note— Former § 904-1.9.
Sec. 420.110. - Revocation of permits.
The Chief, Fire Prevention may revoke a permit or approval issued if any violation of this Code is found upon inspection or in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.
(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, §§ 1, 4)
Note— Former § 904-1.10.
Sec. 420.111. - Emergencies.
(a)
Notwithstanding any other requirements of this Chapter, when, in the opinion of the Chief, Fire Prevention Division, an emergency exists which requires immediate action to protect the health, safety or general welfare of the public or occupants of a property, the Chief shall take that action which he or she deems appropriate to abate the conditions which threaten the health, safety or general welfare of the public or occupants. The Chief, Fire Prevention Division may order repairs to be made, the occupants to vacate the property immediately or cessation of all or part of the business operations at the property, as the case may be.
For purposes of this Section, the circumstances supporting the determination that an immediate threat exists to the life and safety of the occupants and/or the public are those, in the opinion of the Chief, Fire Prevention Division, which would justify the entry of an emergency ex parte injunction, without notice, in a Circuit Court proceeding for abatement of a public nuisance. The exercise of this authority is not intended to be routine, but shall be reserved for those instances in which advance notice is impractical and the threat to public safety constitutes a true emergency.
Electrical service shall not be terminated except in those instances where the electrical service itself presents an imminent danger to public safety or where the risk of spark or explosion is present.
The mere existence of a code violation for a failure to secure permits shall not justify an order to vacate under this subsection. In those circumstances, the Chief, Fire Prevention Division may initiate any enforcement process authorized by law to correct any such violation.
(b)
Whenever the Chief, Fire Prevention Division finds that a property constitutes an imminent threat to the life and safety of the occupants or the public, and deems it appropriate to declare that an emergency exists, he/she shall be authorized to enter the premises and take whatever action is appropriate to correct the condition. In such event, the Chief, Fire Prevention Division, including his/her delegates, shall be authorized to enter the premises, with or without notice or permission of the occupant or owner. Involuntary access without notice or permission, as provided in this subparagraph, shall only be permitted in exigent circumstances where the threat to public safety is so immediate and severe that delay poses a threat to the public safety. In all other circumstances, the Chief, Fire Prevention Division shall secure the permission of the occupant or owner or the owner's representative, such as a property or business manager, or shall secure a warrant authorizing entry.
(c)
In all cases in which the Chief, Fire Prevention Division has ordered all occupants removed from the building, structure or premises, electrical service to the unsafe or hazardous condition(s) terminated, and/or further occupancy or operation of the property contingent on correction of the unsafe or hazardous condition(s) or code violation(s), the Chief, Fire Prevention Division shall give written notice to the property owner and the occupants of the Chief's actions within two business days of the issuance of the order (excluding Sundays and legal holidays).
The notice shall include the following:
(1)
The street address, if any, and a legal description of the property;
(2)
A description of the building or structure or portion(s) thereof which constitutes the unsafe or hazardous condition;
(3)
A statement of the particular defects, code violations or circumstances which justified the immediate action to protect the health and safety of the public or occupants of the property;
(4)
A determination of whether the property is so hazardous so as to prohibit anyone from being physically present inside;
(5)
That the property owner or operator shall have an opportunity to require the Chief to demonstrate that his/her actions to abate the unsafe or hazardous condition(s) or code violation(s) were reasonable and warranted by making a written request for such a hearing within 15 days of the determination to the Special Master; and
(6)
A statement that further operation of any unsafe property or physical presence in any unsafe building or structure, whichever the case may be, may result in arrest and criminal prosecution.
The notice required by this Section shall be mailed by certified or express mail or hand delivered to each owner, lessee and occupant of the structure as shown by the public records of Duval County, and shall also be mailed to the owner's agent if such agent's name and address is on file in the Property Appraiser's Office as shown on the latest tax roll.
(d)
Pursuant to this Section, the property owner or operator shall have an opportunity to request a hearing before the Special Magistrate to require the Chief, Fire Prevention Division to demonstrate that his/her actions to abate the unsafe or hazardous condition(s) or code violation(s) were reasonable and warranted by making a written request for such a show cause hearing within 15 days of the determination. The hearing will be held at the next regularly scheduled Special Magistrate hearing, unless the next hearing is less than 48 hours after the determination is made. If a petitioner requests a hearing under this Section, the filing of that request shall automatically stay the effect of the vacate/cease and desist order and/or order terminating electrical service and the parties shall be restored to the status quo ante the issuance of the Chief's Order, unless the Chief, Fire Prevention Division certifies in writing, under oath that, by reason of facts stated in the certificate, a stay would cause an imminent threat to life or safety. In the case of a certificate filed according to the previous sentence, the stay shall be terminated, the order to vacate/cease and desist and/or order to terminate electrical service shall remain in effect, and the parties shall not be restored to the status quo ante. A copy of the Chief's certificate shall be provided to the appealing party by mail on the same day that it is filed with the Special Master.
At the show cause hearing, the City shall bear the initial burden of proving that an imminent peril to life and safety justifies the order to vacate/cease and desist and/or order to terminate electrical service and that any other available enforcement mechanism will not adequately protect the public health and safety in light of the emergency. The property owner or operator shall have an opportunity to present evidence to rebut the Chief. Testimony shall be taken under oath and the provisions generally governing hearings before the Special Master, including subpoenaing witnesses, presenting evidence and cross-examination, shall be observed.
After hearing evidence, the Special Master may quash the Chief, Fire Prevention Division's order(s); may continue the order(s) in effect; and/or may refer the matter for proceedings under Chapter 162, including the imposition of fines. The Special Master shall issue his ruling on the same day that the hearing is held. Upon entry, a copy of the Special Master's decision shall be mailed to the parties by U.S. mail.
The Special Master's order may be appealed to the Building Codes Adjustment Board pursuant to Chapter 56 by filing a notice of appeal to the Building Codes Adjustment Board secretary within 10 days of the Special Master's decision.
(e)
Nothing herein shall prevent the City from pursuing condemnation, abatement of a public nuisance, or any other administrative or judicial remedies that may be available to remedy any code violations or threats to public safety.
(Ord. 2014-701-E, § 2)
Sec. 420.112. - Unlawful to occupy or operate.
It shall be a Class C offense, as defined in Section 632.101, Ordinance Code, to be physically present in, or to allow others to be physically present in, any building or structure at any time during which a vacate order for that building or structure issued by the Chief, Fire Prevention Division is in effect pursuant to this Chapter until such building or structure has been made to comply in every respect with the order and notice of violation issued pursuant to the vacate order or unless such individual has obtained prior written authorization from the Chief, Fire Prevention Division or his or her designee to be inside the building or structure for the express purpose of rectifying the deficiencies outlined in the order and notice of violation. All written authorizations shall be posted on site at all times during permitted corrective actions. The failure to post such written authorization shall be a Class C offense. Additionally, in situations where existing conditions, while not rising to the level of condemnation, do not allow for the safe operation of any property, it shall also be a Class C offense for any person to operate any commercial business, establishment, enterprise or function on any property when doing so has been determined to be unsafe pursuant to this Chapter until such time as the violations or conditions causing this determination have been resolved in every respect unless the order of the Chief, Fire Prevention Division has previously been abated, withdrawn or vacated.
(Ord. 2014-701-E, § 3)
Sec. 420.113. - Liability for damages.
This Code shall not be construed to hold the City responsible for any damage to persons or property by reason of the inspection or reinspection authorized herein or failure to inspect or reinspect or the permit issued as herein provided or by reason of the approval or disapproval of any equipment authorized herein.
(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, §§ 1, 4)
Note— Former § 904-1.13.
Sec. 420.114. - Amendments, appeals and variances.
(a)
No amendment shall be made to this Chapter without the recommendation by the Building Codes Adjustment Board on the ordinance proposing the amendment. Where the recommendation of the Building Codes Adjustment Board is to deny or defeat the ordinance, the Council shall not adopt the ordinance until a public hearing on the matter has been held before the Council.
(b)
Where it is alleged there is error in any order, requirement, decision or determination made by the Chief, Fire Prevention or other administrative official in the enforcement of this Chapter; or where a variance to this Chapter is sought which will not be contrary to the public interest where owing to special conditions, a literal enforcement of the provisions of this Chapter would result in unnecessary and undue hardship; an appeal or request for variance may be made to the Building Codes Adjustment Board in accordance with Chapter 56.
(Ord. 68-27-17, § 8; Ord. 70-650-526; Ord. 71-397-181; Ord. 71-650-307, § 76; Ord. 83-591-400, §§ 1, 4)
Note— Former § 904-1.14.
Sec. 420.115. - Penalties.
(a)
It shall be unlawful and an offense against the City for any person to:
(1)
Violate any of the provisions of this Code, the Florida Fire Prevention Code, or the Florida Life Safety Code or fail to comply therewith.
(2)
Violate or fail to comply with any order made thereunder.
(3)
Build in violation of any detailed statement or specifications or plans submitted and approved thereunder.
(4)
Build in violation of any certificate or permit issued thereunder.
(5)
Fail to provide the fire warning equipment required by Section 518.375.
(b)
Any person violating a provision of subsection (a)(1)—(5) of this Section may be issued a citation for civil penalties pursuant to Chapter 609, which penalties shall in their entirety be deposited into the General Fund and shall not be considered as proceeds to be deposited into the Police and Fire Pension Fund.
(c)
The imposition of one penalty for a violation shall not excuse the violation or permit it to continue, and the violation shall constitute a separate offense for each day that it shall continue.
(d)
The owner of a building, structure or premises where a violation shall exist and a builder, contractor, agent, person or corporation employed in connection with the building, structure or premises and who has assisted in the commission of the violation shall each be guilty of a separate offense, and upon conviction, shall be punished as provided in subsection (b) of this Section.
(e)
The application of a penalty under this Section shall not be held to prevent the enforced removal of prohibited conditions where the conditions are detrimental to the public health, safety or welfare.
(f)
The provisions of this Section are additional and supplemental means of enforcing the fire prevention code. Nothing contained in this Section shall prohibit enforcement by any other means including, but not limited to, actions for declaratory judgment and injunctive relief or prosecution through the City's Municipal Code Enforcement Board pursuant to Chapter 91, Ordinance Code.
(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, §§ 1, 4; Ord. 86-707-518, § 1; Ord. 2002-252-E, § 2)
Note— Former § 904-1.15.
Sec. 420.116. - Mayor's Home Fire-Safety Program.
There is hereby established and created the Mayor's Home Fire-Safety Program for the purpose of preventing and reducing residential fire deaths, injuries and property loss through fire-safety inspections and Fire-Safety Recommendation Reports made by firefighters to encourage owners or occupants to correct their residential life/safety deficiencies, public education, installing battery-operated smoke detectors in residences, and replacing smoke detector batteries in residences. The foregoing shall be carried out in accordance with the following:
(a)
Participation by the owner or occupant of a residence shall be voluntary only;
(b)
For purposes of this program, a residence shall be a one-family or two-family dwelling only;
(c)
The installing of battery-operated smoke detectors and replacement of batteries in smoke detectors shall be provided upon request and at no charge on a voluntary donation basis to residences in the City of Jacksonville, to the extent that resources are available in the Fire-Safety Program;
(d)
Purchases of battery-operated smoke detectors and batteries for smoke detectors from the Fire-Safety Program Trust Fund shall be exempt from Part 2, Chapter 126, Ordinance Code, and the Director of Fire and Rescue, or his designee, is hereby authorized to negotiate directly with manufacturers or suppliers, or both, in order to economically obtain such products; and
(e)
The Fire and Rescue Department and other public or private persons or entities as the Director may authorize, are hereby authorized to solicit and accept donations from businesses, organizations and individuals of money, equipment, materials, and supplies for the program; provided, that all money shall be deposited in and expended from the Fire-Safety Program Trust Fund only.
(Ord. 91-125-76, § 1)
PART 2. - OPERATIONAL PROVISIONS
Sec. 420.201. - Limited open burning allowed.
The following limited open burning activities are allowed without first obtaining a permit from the Director of the Neighborhoods Department:
(a)
A camp fire or other fire will be allowed that is used solely for recreational purposes, for ceremonial occasions, for outdoor noncommercial preparation of food or on cold days for warming of outdoor workers as long as excessive visible emissions are not emitted.
(b)
Open burning for the flaring of waste gases is allowed for reasons of safety as long as excessive visible emissions are not emitted.
(c)
Open burning is allowed for the instruction and training of public fire fighters or industrial employees under the supervision of the Chief, Fire Prevention.
(Ord. 97-539-E, § 6; Ord. 2008-513-E, § 1; Ord. 2011-732-E; Ord. 2013-209-E, § 40; Ord. 2016-140-E, § 16)
Sec. 420.202. - Bonfires.
(a)
This Section shall not authorize any type of open burning not specifically authorized by other provisions of the Ordinance Code but shall be construed to impose cumulative regulations for safety of persons and property.
(b)
No person shall kindle or maintain any bonfire or authorize any such fire to be kindled or maintained without permission from the Chief, Fire Prevention.
(c)
No person shall kindle or maintain any bonfire 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.
(d)
Bonfires shall be constantly attended by a competent person until the fire is extinguished. This person shall have a garden hose connected to the water supply, or other fire extinguishing equipment readily available for use.
(e)
The Director of Fire and Rescue may prohibit any or all bonfires and other open burning when atmospheric conditions or local circumstances make the fires hazardous.
(Ord. 97-539-E, § 6)
Sec. 420.203. - Enforcement and issuance of citations.
The Director of Fire and Rescue and the Sheriff shall be responsible for the enforcement of this Part. The employees designated in writing by the Director of Fire and Rescue together with officers of the Sheriff's Office are authorized to issue citations hereunder. In addition to issuing citations under this Chapter 420, the Fire and Rescue Department is authorized to act for and on behalf of the Neighborhoods Department in issuing citations under Chapter 360, Ordinance Code; provided, however, that the Environmental and Compliance Department shall provide the citation forms to be used and shall provide proper training for issuance of such citations; provided further that the Fire and Rescue Department shall issue such citations only with respect to open burning situations as contemplated in Part 8, Chapter 360, Ordinance Code, and only when the Fire and Rescue Department responds to an open burning call outside the normal hours of operation of the Neighborhoods Department.
(Ord. 97-539-E, § 6; Ord. 2008-513-E, § 1; Ord. 2011-732-E; Ord. 2013-209-E, § 40; Ord. 2016-140-E, § 16)
Sec. 420.204. - Smoking prohibited under certain conditions.
(a)
Smoking shall mean and include the carrying of lighted pipes, cigars, cigarettes or lighted tobacco in any form.
(b)
Where conditions are such as to make smoking a hazard in any areas of piers, wharves, warehouses, stores, industrial plants, institutions, places of assembly and in open spaces where combustible materials are stored or handled, the Chief, Fire Prevention is empowered and authorized to order the owner or occupant, in writing, to post NO SMOKING signs in each building, structure, room or place in which smoking shall be prohibited. The Chief, Fire Prevention shall designate specific safe locations, if necessary, in any building, structure or place in which smoking may be permitted.
(c)
NO SMOKING signs of approved sized lettering and location required in accordance with subsection (b) shall read BY ORDER OF THE DIRECTOR/FIRE CHIEF OF THE FIRE AND RESCUE DEPARTMENT.
(d)
It shall be unlawful for any person to remove any legally required NO SMOKING sign or to smoke in any place where such signs are posted.
(Ord. 97-539-E, § 6)
Sec. 420.205. - Kindling of fire on land of others restricted.
No person shall kindle a fire upon the land of another without permission of the owner thereof or his agent.
(Ord. 97-539-E, § 6)
Sec. 420.206. - Fire lanes on private property devoted to public use.
(a)
The marking of fire lanes on private property devoted to public use shall be approved by the Chief, Fire Prevention and the Sheriff. Fire lanes shall be established on private property devoted to public use where the parking of motor vehicles or other obstructions may interfere with the ingress and egress of Fire Operations Division or Rescue Division vehicles for the protection of persons and property.
(b)
Parking of motor vehicles or otherwise obstructing fire lanes shall be prohibited at all times.
(Ord. 97-539-E, § 6)
Sec. 420.207. - Gasoline engines inside buildings.
Engines which use gasoline or class I flammable liquids shall not be operated inside a building as fixed equipment except as part of an emergency electric generating system meeting the following requirements:
(a)
Engines shall be located on the first or ground floor wherever possible.
(b)
If located on a combustible floor, the engine must be set on a metal plate turned up at the edges which is not used for any other purpose.
(c)
Tanks supplying engines shall be located outside a building and set below all piping used in connection with the engine; provided, an auxiliary tank not exceeding one gallon in capacity may be used inside a building where the tank is isolated from the engine.
(d)
Piping for gasoline or flammable liquids shall not be located near or placed in the same trench with gas pipes, electric wires or conduits.
(e)
Exhaust pipes from engines shall extend to the outside of a building and be protected as required for flue pipes.
(Ord. 97-539-E, § 6)
Sec. 420.208. - Gasoline stoves and lamps.
Cooking stoves or illuminating lamps using gasoline or class I flammable liquids for fuel shall not be used inside a building. However, portable camp-type stoves or lamps may be used during times of emergency, when electric power is not available, if they are located on a stable support and include reservoirs not exceeding one gallon in capacity.
(Ord. 97-539-E, § 6)
Sec. 420.209. - Fire bombs prohibited.
No person shall have in his possession, custody or control a fire bomb in the City. For the purposes of this Section, a fire bomb is a breakable container containing flammable liquid, as defined in this Code having a wick or similar device capable of being ignited; but no device commercially manufactured primarily for the purpose of illumination shall be deemed to be a fire bomb. This Section shall not prohibit the authorized use of a material, substance or device described herein by a member of the armed forces of the United States or by firefighters, police officers, peace officers or law enforcement officers so authorized by duly constituted authorities.
(Ord. 97-539-E, § 6)
Sec. 420.210. - Storage of gasoline-fired engines inside buildings.
It shall be unlawful to store or park motorcycles or any other gasoline-fired engines inside an apartment, a dwelling or a corridor or under a stairway, except as provided for in Section 420.214; provided, that this Section shall not prevent the storage of the vehicles or engines in garages attached to an apartment designed for vehicular storage and meeting the requirements of Part 7, Chapter 321.
(Ord. 97-539-E, § 6)
Sec. 420.211. - Permit required for welding or cutting.
(a)
A permit shall be required for each company, corporation, copartnership or owner-operator performing welding or cutting operations except as provided in subsection (b) of this Section. This permit shall not be required for each welding or cutting job location.
(b)
A permit shall not be required of a company, corporation, copartnership or owner-operator:
(1)
Where the welding or cutting is performed in areas approved for the purpose.
(2)
Where the company, corporation, copartnership or owner-operator has an approved system established for control of the fire hazards involved.
(c)
Application for a permit required by this Chapter shall be made by the company, corporation, copartnership or owner-operator performing the welding or cutting operation or by his or its duly authorized agent.
(d)
A permit for welding or cutting operations shall not be issued unless the individuals in charge of performing the operations are capable of doing the work in a safe manner. Demonstration of a working knowledge of the provisions of this Chapter shall constitute acceptable evidence of compliance with this requirement.
(e)
Companies, corporations, copartnerships and owner-operators required to have a permit shall maintain a record of all locations where welding or cutting operations are performed and have it available for inspection by the Chief, Fire Prevention.
(Ord. 97-539-E, § 6)
Sec. 420.212. - Places of assembly; permits required.
(a)
No place of assembly, as defined herein, shall be maintained, operated or used as such without a permit except that no permit shall be required for a place of assembly used solely as a place of religious worship.
(b)
Place of assembly means a room or space used for assembly or educational occupancy for 50 or more occupants used for these purposes. This room or space shall include any similar occupied connecting room or space in the same story or in a story or stories above or below where entrance is common to the rooms or spaces.
(Ord. 97-539-E, § 6)
Sec. 420.213. - Explosives, blasting agents and ammunition; permits and bonds required.
(a)
Permits shall be obtained:
(1)
To manufacture, possess, store, sell or otherwise dispose of explosives, blasting agents or small arms ammunition.
(2)
To transport explosives or blasting agents.
(3)
To use explosives or blasting agents.
(4)
To operate a terminal for handling explosives or blasting agents.
(5)
To deliver to or receive explosives or blasting agents from a carrier at a terminal between the hours of sunset and sunrise.
(6)
To transport blasting caps or electric blasting caps on the same vehicle with explosives.
(b)
Permits required by subsection (a)(1) of this Section shall not be issued for:
(1)
Liquid nitroglycerin.
(2)
Dynamite (except gelatin dynamite) containing over 60 percent of liquid explosive ingredient.
(3)
Dynamite having an unsatisfactory absorbent or one that permits leakage of a liquid explosive ingredient under any conditions liable to exist during storage.
(4)
Nitrocellulose in a dry and uncompressed condition in quantity greater than ten pounds net weight in one package.
(5)
Fulminate of mercury in a dry condition and fulminate of all other metals in any condition except as a component of manufactured articles not hereinafter forbidden.
(6)
Explosive compositions that ignite spontaneously or undergo marked decomposition, rendering the products or their use more hazardous when subjected to 48 consecutive hours or less to a temperature of 167 degrees Fahrenheit.
(7)
New explosives until approved by the United States Department of Transportation, except that permits may be issued to educational, governmental or industrial laboratories for instructional or research purposes.
(8)
Explosives condemned by the United States Department of Transportation.
(9)
Explosives not packed or marked in accordance with the requirements of the United States Department of Transportation.
(10)
Explosives containing an ammonium salt and a chlorate.
(c)
Before a permit is issued as required by Section 420.213(a)(3), the applicant shall file with the Chief, Fire Prevention a corporate surety bond in the principal sum of $100,000 or a public liability insurance policy for the same amount, for the purpose of the payment of all damages to persons or property which arise from, or are caused by, the conduct of any act authorized by the permit. The Chief, Fire Prevention may specify a greater or lesser amount when, in his opinion, conditions at the location of use indicate a greater or lesser amount is required.
(d)
As used in this Section the terms blasting agent, carrier, explosive, small arms ammunition, and terminal shall have the same meaning as those terms have in the Standard Fire Prevention Code adopted by Section 321.104.
(Ord. 97-539-E, § 6)
Sec. 420.214. - Installation, maintenance, location, permit and fee of fire hydrants.
(a)
Water supply. Approved fire hydrants shall be provided for buildings to meet the necessary fire flow requirements as determined by the Director of Fire and Rescue or his or her designee. Where public water supply is inadequate or not available, an approved alternative water source meeting the fire flow requirements shall be provided. Fire flow performance tests shall be witnessed by the Director of Fire and Rescue or his or her designee.
(b)
Location. The location and number of hydrants shall be designated by the Director of Fire and Rescue or his or her designee, but in no case shall distance between installed fire hydrants exceed 1,000 feet (305 meters) for new infra-structure. Maximum distance from the nearest hydrant to the most remote exterior point of any building shall be 500 feet (152 meters). The distance shall be measured on a roadway surface meeting the Fire Department access requirements of Section 321.104, Ordinance Code.
(c)
Exception. Where required maximum distance of existing fire hydrants is exceeded for the construction of new structures, consideration may be given when there is judged to be a disproportionate effort or expense with little increase in fire safety. Factors such as fire sprinkler protection, building size, construction type, occupancy type, and setbacks will be used as factors in this determination, but in no case will fire flow be less than the requirements of Section 321.104, Ordinance Code.
(d)
Exception. One- and two-family dwellings, including attached or detached accessory structures are exempt from this Section.
(e)
A permit shall be required for new or replacement fire hydrants set forth in this Section. The fee for such permit is set forth in Section 123.102, Ordinance Code.
(Ord. No. 2002-154-E, § 1; Ord. 2010-216-E, § 7; Ord. 2015-731-E, § 1)
Chapter 421 - FIRE AND RESCUE CAPITAL PROGRAM
Sec. 421.101. - Title.
This Chapter may be known as the Fire and Rescue Capital Program.
(Ord. 2001-803-E, § 1)
Sec. 421.102. - Findings.
The need to safeguard life and property and sound fiscal planning require that the fire and rescue facilities of the City be independently studied and evaluated at least every five years. To achieve this objective, the Council finds that an independent fire and rescue capital study should be undertaken every five years. The Council also finds that a fire and rescue capital program is basic and necessary for the public safety in the County. The program should specifically identify the siting of new fire and rescue stations, major renovations of existing stations and equipment purchases which are proposed over a five-year period so that the public will know the future plans of the Fire Department and the City as it relates to these very important public safety issues.
(Ord. 2001-803-E, § 1)
Sec. 421.103. - Fire and Rescue Capital Study.
(a)
Every five years, the Fire Chief shall, with the aid of an independent outside fire consultant, determine the fire and rescue needs of the City and produce a report which addresses needed improvements to the City's fire and rescue program. Among other things, this report shall address proposed improvements to existing stations as well as the necessity of constructing new stations and their optimal locations. The consultant shall report the findings to the City Council through an official written Fire Study Report (Report) no later than May 1, 2015 and every five years thereafter.
(b)
The Council shall review the Report and adopt a list of fire and rescue capital improvements (including new construction), as suggested by the Report. The improvements will be detailed by fiscal year for the succeeding five fiscal years. The list of improvements shall be known as the Fire and Rescue Station Capital Program (Program).
(Ord. 2001-803-E, § 1; Ord. 2010-560-E, § 1)
Sec. 421.104. - Funding the Fire and Rescue Capital Program.
In conjunction with his submission of the annual budget, the Mayor shall review the Program on an annual basis and shall include funding in the annual budget to meet the Program schedule. If the Mayor fails to fund the Program for the fiscal year to be budgeted, the Mayor shall submit to Council via a resolution a detailed list of those stations and/or projects or equipment not funded along with an explanation as to why funding was not included in the annual budget. This resolution shall be submitted to the Council by July 15 of each year. The Mayor shall also submit an alternative projected time-line for funding the stations and/or improvements and/or equipment which appear on the Program list.
(Ord. 2001-803-E, § 1)
Sec. 421.105. - Adoption of the Fire and Rescue Capital Program.
(a)
The Council shall review the Program along with Mayor's proposed funding for same in conjunction of its review of the annual budget for the City.
(b)
The Council may make amendments to the Program as may be deemed necessary taking into account the Mayor's explanation as to why funding was not included for the Program in the annual budget and taking into consideration the best interests of the entire community; provided however that substituting a project not in the Program for one that is in the Program shall be made by Council only upon an affirmative vote of at least 13 Council Members.
(Ord. 2001-803-E, § 1)
Sec. 408.803. - Prima facie evidence. TITLE XIII - HEALTH CODE