Article 2. Fire Prevention

§7-201   Falls City Code   §7-205

Article 2. Fire Prevention
§7-201 FIRE PREVENTION; LIFE SAFETY CODE. Incorporated by
reference into this Code are the standards recommended by the
National Fire Protection Association, known as the Life Safety
Code, 1976 Edition. This Code shall have the same force and effect
as if set out verbatim herein. All prior ordinances in conflict
herewith shall be and are repealed. Three (3) copies of the Life
Safety Code are on file at the office of the Municipal Clerk and
are available at any reasonable time. (Ref. 18-132, 19-902, 19-
922, 81-502 RS Neb.)
§7-202 FIRE PREVENTION; FIRE PREVENTION CODE. Incorporated by
reference into this Code are the standards recommended by the
American Insurance Association, known as the Fire Protection Code,
1976 Edition. This code shall have the same force and effect as if
set out verbatim herein. Three (3) copies of the Fire Prevention
Code shall be on file with the Municipal Clerk and shall be
available for public inspection at any reasonable time. (Ref. 18-
132, 19-902, 19-922, 81-502 RS Neb.)
§7-203 FIRE PREVENTION; FIRE CODE ENFORCEMENT. It shall be the
duty of all Municipal officials to enforce the incorporated fire
code provisions and all infractions shall be immediately brought to
the attention of the Fire Chief.
§7-204 FIRE PREVENTION; LAWFUL ENTRY. It shall be the duty of
the owner, lessee, or occupant of any building or structure, except
the interiors of private dwellings, to allow the Fire Chief to
inspect, or cause to be inspected, as often as necessary the said
structure for the purpose of ascertaining and enumerating all
conditions therein that are likely to cause fire, or any other
violations of the provisions of the Municipal ordinances affecting
the hazard of fire. (Ref. 81-512 RS Neb.)
§7-205 FIRE PREVENTION; VIOLATION NOTICE. It shall be the duty
of the owner, lessee, or occupant of any building or structure that
was lawfully inspected as hereinbefore prescribed, and who receives
written or verbal notice of a violation of any of the provisions of
the Municipal ordinances to correct the condition that violates the
said ordinance or ordinances within five (5) days from the date of
receipt of such notice.
§7-206 FIRE PREVENTION; MODIFICATIONS OF CODE. The Fire Chief
shall have power to modify any of the provisions of the Fire
Prevention Code upon the application in writing by the owner or
lessee, or his duly authorized agent, when there are practical
difficulties in the way of carrying out the strict letter of the
Code; Provided, that the spirit of the Code shall be observed,
public safety secured, and substantial justice done. The
particulars of such modification when granted or allowed and the
decision of the Fire Chief thereon shall be entered upon the
records of the department and a signed copy shall be furnished the
applicant.
§7-207 FIRE PREVENTION; APPEALS. Whenever the Chief of the Fire
Department shall disapprove an application or refuse to grant a
permit applied for, or when it is claimed that the provisions of
the Code do not apply or that the true intent and meaning of the
Code have been misconstrued or wrongly interpreted. The applicant
may appeal from the decision of the Chief of the Fire Department to
the Mayor and Council of the City of Falls City within thirty (30)
days from the date of the decision of the appeal.
§7-208 FIRE PREVENTION; FIRE LIMITS DEFINED. The following
described territory in the Municipality shall be and constitute the
fire limits:
Lots 5 to 20, inclusive of Block 26; all of Blocks 27 and 28,
the west half (W 1/2) of Block 37; all of Blocks 38, and 39,
the east half (E 1/2) of Blocks 40 and 57; all of Blocks 58
and 59; the west half (W ½ ) of Blocks 60 and 69; all of
Blocks 70 and 71; the east half (E 1/2) of Block 72; all of
Blocks 90 and 91; the west half (W 1/2) of Blocks 92 and 101;
all of Blocks 102;, 103, 122, and 123, all in the original
town of the City of Falls City. (Ref. 17-550 RS Neb.)
§7-209 FIRE PREVENTION; FIRE LIMITS MATERIALS. Within the
aforesaid fire limits, no structure shall be built, altered, moved,
or enlarged unless such structure is made of materials which will
have a Type I, Type II, Type III one hour or Type IV construction
as set out in the Uniform Building Code. Fixed electrical wiring
methods shall be limited to metal raceways, nonmetallic raceways
incased in not less than two inches of concrete, Type MI cable or
Type MC cable. Residential buildings and their accessory building
located within these limits shall not be required to meet these
requirements but must comply with
any standard set for their construction by the building code.
(Ref. 17-550 RS Neb.) Amended ord. 94-126.
§7-210 FIRE PREVENTION; BUILDING MOVING. No person shall be
allowed to move any building which is constructed of materials
which do not conform to those materials required within the fire
limits if such building is located within the fire limits or is to
be moved to a site within the fire limits. (Ref. 17-550 RS Neb.)
§7-211 FIRE PREVENTION; IRONCLADS PROHIBITED. All buildings,
sheds, and structures known as ironclads which are constructed of
wood and covered with sheet iron or tin attached to the frame shall
be considered and deemed to be constructed of combustible
materials. Any future construction of an ironclad building shall
hereafter be prohibited. (Ref. 17-550 RS Neb.)
§7-212 FIRE PREVENTION; REMOVAL REQUIRED. In the event that any
building or structure which stands within the Municipality is
damaged to such an extent that it will not be repaired, it shall
be taken down and removed within sixty (60) days from the date of
such fire or other casualty. In connection with such removal, all
basements and foundations shall be filled to grade and all sewer
lines and water lines or portions thereof capped unless new
construction on the premises is to be commenced and a building
permit obtained within sixty (60) days of the date of fire. During
any period in which a basement is allowed to remain unfilled
without construction, the owner shall erect a solid fence of at
least forty-eight inches (48″) in height around said basement.
(Ref. 17-550 RS Neb.)
§7-213 FIRE PREVENTION; REPAIR REQUIRED. In the event that a
building within the Municipality becomes damaged by fire it shall
be the duty of the owner, lessee, or occupant to secure the
building from entry as soon as possible but not later than fortyeight
(48) hours and to remove or begin repair of said building
within sixty (60) days. It shall be unlawful for any person to
allow a building to stand in such damaged or decayed condition.
(Ref. 17-550 RS Neb.)
§7-214 FIRE PREVENTION; EXITS AND FIRE ESCAPES. Every building
shall be provided with adequate exits for the protection of its
occupants in case of fire or other emergency and as required by the
Building Code of this Municipality and regulations of the State
Fire Marshal.
§7-215 FIRE PREVENTION; NOTICE TO COMPLY. When any building or
structure is constructed, rebuilt, altered, added to, or moved in
violation of this Chapter, at any time thereafter the Chief of
Police, Chief of the Fire Department, or Building Inspector may
serve written notice to place such building or structure in
compliance within thirty (30) days or to remove the same from the
fire limits. Any owner or co-owner who shall within the thirty
(30) days and within such additional time as the Council may by
formal resolution authorize, fail to place such building or
structure in compliance shall be deemed in violation of this
Chapter and subject to the penalties thereof. Each additional ten
(10) days in which such violation continues shall be deemed a
separate and distinct offense. And in event of such failure to
comply or remove such building or structure, the Municipality may
cause the destruction or removal of such building or structure and
the cost thereof shall be recoverable from the owners of the
building and/or placed as a special assessment against the real
estate.
§7-216 FIRE PREVENTION; SERVICE OF NOTICE. The notice required
shall be served in the following manner: By fastening one (1) copy
of such notice to a principal entrance in each building deemed to
be in violation; by serving a copy upon the building or property
manager if such is known; by service of a copy upon each record
owner residing in the City, and by mailing by registered or
certified mail a copy thereof to each other owner of record at his
last known address. In event any owner or co-owner of record is
known to be deceased or his address is unknown, notice shall be
published in a newspaper of legal circulation for four (4)
consecutive weeks.
§7-217 FIRE PREVENTION; FIRE PROHIBITED. It shall be unlawful
for any person to set out a fire on the pavement, or near any curb,
now built or hereafter to be built, within the Municipality. (Ref.
17-556 RS Neb.)
§7-218 FIRE PREVENTION; FIRES REGULATED. It shall be lawful to
build or set out certain fires; Provided, that the person building
such fires shall have the substance to be burned in a fireproof
trash burner or incinerator with a metal fireproof screen of not
more than one inch (1″) mesh, and located at least twenty feet
(20′) from any building. The incinerator shall be built in such a
way as to not permit the escape of burning paper or other
substance. If any person shall require a fire in the course of his
or her trade, such fire shall be built and maintained in the manner
prescribed by the Fire Chief. All fires shall be built after seven
o’clock (7:00) A.M., and completely extinguished by seven o’clock
(7:00) P.M., except in the months of January, February, November
and December, all fires shall be extinguished by six o’ clock
(6:00) P.M., with burning being unlawful on Sundays, Tuesdays,
Wednesdays, Fridays, Saturdays, and on all federal holidays
regardless of the day of the week, except the aforesaid fires used
in the course of a trade which shall be allowed during such hours
as the Fire Chief shall prescribe. All fires so built or set out
shall be attended to by a person at least sixteen (16) years of
age; such person shall remain on the premises at all times while
said fire burns. It shall be unlawful for any person to set fire
to, burn, or cause to be burned any garbage, animal matter,
vegetable matter, and/or household and building demolition
material. It shall be unlawful for any person to set fire to any
material that does not burn completely or which emits or gives off
obnoxious fumes. It shall be unlawful for a fire set by any person
to smolder after visible flames have subsided. Except as provided
herein, it shall be unlawful for a person to burn straw, hay,
leaves, or brush in a fireproof trash burner or incinerator or
barrel. The burning of straw, hay, leaves, or brush in the open
air is permitted and allowed, provided, that any such burning shall
be done while the said fire is attended by the person setting out
the same at all times who shall be at least sixteen (16) years of
age and who shall remain on the premises at all times while said
fire burns, and further provided that the said fire shall be
located at least twenty feet (20′) from any building and further
provided, a waiver of the Statewide burning ban is obtained as
provided in Section 7-219. The minimum fine for a violation of
this section shall be $25.00. (Ref. 17-549, 17-556, 81-520.01 RS
Neb.) (Amended: Ord. #95-111; Ord. #98-107; Ord. 2009-102)
§7-219 FIRE PREVENTION; OPEN BURNING BAN; WAIVER.
(1) There shall be a statewide open burning ban on all
bonfires, outdoor rubbish fires, and fires for the purpose of
clearing land. It shall be unlawful for any person to build a fire
in violation of such open burning ban.
(2) The Fire Chief of the Municipal Fire Department or his or
her designee may waive an open burning ban under subsection (1) of
this section for an area under his or her jurisdiction by issuing
an open burning permit to a person requesting permission to conduct
open burning. The permit issued by the Fire Chief or his or her
designee to a person desiring to conduct open burning shall be in
writing, signed by the Fire Chief or his or her designee, and on a
form provided by the State Fire Marshal.
(3) The Municipal Fire Chief or his or her designee may waive
the open burning ban in his or her jurisdiction when conditions are
acceptable to the Chief or his or her designee. Anyone burning in
such jurisdiction when the open burning ban has been waived shall
notify the Fire Department of his or her intention to burn.
(4) The Municipal Fire Chief may adopt and promulgate rules
and regulations listing the conditions acceptable for issuing a
permit to conduct open burning under subsection (2) of this
section.
(5) The Municipal Fire Department may charge a fee, not to
exceed ten dollars ($10.00), for each such permit issued. This fee
shall be remitted to the Governing Body for inclusion in the
general funds allocated to the Fire Department. Such funds shall
not reduce the tax requirements for the Fire Department. No such
fee shall be collected from any state or political subdivision to
which such a permit is issued to conduct open burning under
subsection (2) of this section in the course of such state’s or
political subdivision’s official duties. (Ref. 81-520.01 RS Neb.)
Amended by Ordinance 95-111
§7-220 EXPLOSIVES; BLASTING PERMITS. In addition to notifying
the Municipal Fire Department pursuant to section 28-1233(3) RS
Neb., any person desiring to discharge explosive materials, as
defined in section 28-1213 RS Neb., within the Municipality, shall
apply for and secure a permit from the Governing Body twenty-four
(24) hours prior to such discharge, and shall discharge such
explosive materials in conformance with the conditions specified in
the permit. In no case shall any person perform blasting
operations unless operating under the direct supervision of a
person in possession of a valid user’s permit issued by the
Nebraska State Patrol. (Ref. 17-549, 17-556, 28-1229, 28-1233 RS
Neb.)Amended Ord. 94-122.
§7-221 EXPLOSIVES; STORAGE REGISTRATION; REQUIREMENTS.
(1) In addition to notifying the Municipal Fire Department
pursuant to section 28-1233(3) RS Neb., any person desiring to
store or keep for any period of time explosive materials as defined
in section 28-1213 RS Neb., shall register such information with
the Municipal Clerk twenty-four (24) hours prior to such storage.
The transfer of explosive materials to another person within the
Municipality shall require the person receiving the explosive
materials to register the transfer and the new location of the
explosive materials with the Municipal Clerk. The transfer of
explosive materials to a new location by the owner shall require
registration of the new location with the Municipal Clerk.
(2) All explosive materials shall be stored in a proper
receptacle made of cement, metal, or stone and be closed at all
times, except when in actual use. Such receptacles shall not be
located in any room where there are flames or flammable materials.
The area surrounding storage facilities shall be kept clear of
rubbish, brush, dry grass, or trees not less than twenty-five feet
(25′) in all directions. Any other combustible materials shall be
kept a distance of not less than fifty feet (50)’ from outdoor
storage facilities. (Ref. 17-549, 17-556, 28-1229, 28-1233 RS
Neb.)Added Ord. 94-123
§7-222 POISONOUS AND FLAMMABLE GASES AND EXPLOSIVES; STORAGE
REGISTRATION.
In addition to notifying the Municipal Fire
Department pursuant to section 28-1233(3) RS Neb., any person
desiring to store or keep for any period of time explosive
materials as defined in section 28-1213 RS Neb., or any form of
poisonous or flammable gases or liquefied petroleum gases within
the Municipality shall register such information with the Municipal
Clerk twenty-four (24) hours prior to such storage. The transfer
of such explosives or gases to another person within the
Municipality shall require the person receiving such explosives or
gases to register the transfer and the new location of the
explosives and gases with the Municipal Clerk. The transfer of
explosive materials and gases to a new location by the owner shall
require registration of the new location with the Municipal Clerk.
This section shall not apply to the storage of five (5) gallons or
less of gasoline. (Ref. 17-549, 17-556, 28-1229, 28-1233 RS
Neb.)Added Ord. 94-124.