[HISTORY: Adopted by the City Council of the City of Two
Rivers (Title 3, Ch. 1, of the 1981 Code). Amendments noted where
applicable.]
The City Manager shall serve as the Director of Public Safety.
A.
Wisconsin Administrative Code adopted. The City of Two Rivers adopts
by reference the most current State of Wisconsin Administrative Code
Department of Safety and Professional Services chapters pertaining
to fire prevention and its referenced National Fire Protection Association
Codes.
B.
Enforcement. The Fire Prevention Code shall be enforced by the Chief
of the Fire Department and such personnel as he may designate. The
Chief of the Fire Department or his designee is hereby authorized
to issue citations for violations of the Municipal Code which are
directly related to their official responsibilities.
C.
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
- CORPORATION COUNSEL
- The City Attorney.
- DEPARTMENT
- As used in the Fire Prevention Code, it shall mean the City of Two Rivers and/or Fire Department.
D.
Modifications. The Chief of the Fire Department may grant a variance
to the provisions of the Fire Prevention Code upon application, in
writing, by the owner or lessee, or his duly authorized agent, when
there are practical difficulties in carrying out the strict letter
of the code, provided the spirit of the code shall be observed, public
safety secured and substantial justice done. The particulars of such
modifications, when granted or allowed, and the decision of the Chief
of the Fire Department thereon shall be entered upon the records of
the Department, and a signed copy shall be furnished the applicant.
A copy of each order or modification by the Fire Chief shall be filed
with the City Manager.
E.
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 has been misconstrued or wrongly
interpreted, the applicant may appeal from the decision of the Chief
of the Fire Department to the Board of Appeals created by § 2-5-2
of the Municipal Code within 30 days from the date of the decision
of the appeal.
F.
Offenses. Any person who shall violate any of the provisions of this
section, or who shall 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 Board
of Appeals or by a court of competent jurisdiction within the time
fixed herein, shall be subject to the penalty of this Code.
(1)
The Chief of the Fire Department shall hold the office of Fire Inspector
with the power to appoint Deputy Fire Inspectors, who shall perform
the same duties and shall have the same powers as the Fire Inspector.
Whenever and wherever in the City of Two Rivers any inspection by
the Fire Chief or Deputy reveals a fire hazard, the said Fire Chief
or Deputy is hereby invested with authority to serve a notice, in
writing, upon the owner of the property giving said owner 48 hours
in which to remove said hazard. In the event that said fire hazard
is not removed within 48 hours, it shall be deemed a nuisance, and
the Fire Chief or Deputy is authorized to have the same removed by
the City, and the cost of said removal shall be recovered in an action
by the City against the owner of the property.
(2)
It shall also be the duty of the Fire Inspector of the City of Two
Rivers, in person or by officers or members of the Fire Department
designated by the Fire Inspector for that purpose, to inspect all
buildings, premises, and public thoroughfares within the City limits
for the purpose of ascertaining or causing to be corrected any conditions
liable to cause fire or any violations of any law or ordinance relating
to the fire hazard or to the prevention of fires and to remove and
abate any cause from which immediate danger of fire may be apprehended,
and to cause all buildings, chimneys, stovepipes, hearths, ovens,
boilers, ash houses, and apparatus used in every building which shall
be found in an unsafe condition, to be immediately and at the expense
of the owner thereof put in such condition as not to be dangerous
in causing or promoting fires. The fire inspections shall be conducted
at least once per calendar year, provided the interval between those
inspections does not exceed 15 months. Additional inspections per
year may be required as deemed necessary by the Chief of the Fire
Department or his/her designee.
(3)
It is hereby made the duty of the Fire Inspector to make complaint
of any violation of this chapter.
G.
Application. Where different sections of this Code specify different
requirements, the most restrictive requirements shall govern.
A.
Bonfires. "Bonfire" means a large open-air fire kindled to mark a
public event, victory celebration or similar occurrence.
(1)
Permit required. No person shall kindle or maintain any bonfire without
a permit or other proper authorization obtained from the Fire Chief
or his/her designee.
(2)
Location restricted. Permitted bonfires shall be located not less
than 50 feet from any structure.
(3)
Quality of material to be burned. The allowable quantity of material
to be burned shall be determined by the Fire Chief based upon the
firesafety considerations of the situation and the desired duration
of the burn.
(4)
Materials for burning. Materials for bonfires shall consist of dry
material only and shall be clean (unpainted, untreated) wood and may
not include rubbish, garbage, trash, any material made of or coated
with rubber, plastic, leather or petroleum-based materials or contain
any flammable or combustible liquids.
(5)
Scene security. A responsible person shall be designated for the
safety of the bonfire area. This person must be identified as the
contact person to meet with the Fire Department if any unusual concerns
arise.
(6)
Size of the bonfire. The base of the fire shall not be larger than
10 feet in diameter. The fire must be enclosed by a barrier set at
a distance sufficient enough to provide maximum safety, and be constantly
monitored by the person responsible for scene security.
(7)
Adequate fire suppression. An adequate fire suppression source must
be immediately available, sufficient to extinguish the fire if it
threatens the safety of the event.
(8)
Extinguishment. After completion of the celebration, the bonfire
must be completely extinguished and a fire watch must be provided
for a sufficient amount of time to ensure that the fire does not rekindle.
(9)
Complaints. Complaints received by the Fire/Police Departments regarding
smoke or ash residue infringing on adjacent properties will require
that such fires be immediately extinguished or be subject to the general
penalty of this Code.
B.
Recreational fires. "Recreational fires" are defined as small campfires
on private property, small fires confined to pits, or outdoor cooking
fires. In addition to the following, the provisions of § 3-1-3F
shall apply to such fires.
(1)
Location. No recreational fire shall be closer than 20 feet (25 feet
recommended) to any building structure, shed, garage, trees, shrubs,
bushes, fence or any other combustible material. The location shall
be no closer than 20 feet (25 feet recommended) to any adjoining property
line. The distance may be reduced for a special event with prior approval
of the Chief or his/her designee.
(2)
Size. All recreational fires shall be in a below-ground fire pit
with a minimum depth of 10 inches and a maximum diameter of three
feet and the fire may not extend more than two feet above the fire
pit. The fire pit shall be surrounded on the outside, aboveground,
by a noncombustible material, such as, but not limited to, concrete
block or rock.
(3)
Portable fire pits. Portable fire pits, defined as devices commercially designed and intended to contain and control outdoor wood fires, may be used in accordance with the manufacturer's recommendations and subject to the requirements of Subsection B(1) above and must be used upon a noncombustible surface (dirt without vegetation, stone, gravel, concrete, brick, etc.) with an area twice the diameter of the portable fire pit. The distance may be reduced for a special event with prior approval of the Chief or his/her designee.
(4)
Materials for burning. Materials for recreational fires shall consist
of dry material only and shall be clean (unpainted, untreated) wood
and may not be ignited with flammable or combustible liquids. Materials
shall not include rubbish, garbage, trash, any material made of or
coated with rubber, plastic, leather or petroleum-based materials
and may not contain any flammable or combustible liquids.
(5)
Adequate . Adequate fire-suppression equipment shall be immediately
available to extinguish or control the recreational fire. Portable
fire extinguishers, a garden hose connected to a water supply, shovels,
or other like equipment shall be within 10 feet.
(6)
Attendance. All recreational fires shall be attended at all times
by at least one responsible person age 16 or older from the ignition
of the fire until the fire is completely extinguished. In addition,
an adult owner/occupant must be present on the premises.
(7)
Responsibility. It is the responsibility of the renter/lessee of
any leased property to provide written documentation from the property
owner giving permission to have a recreational fire on that property.
C.
Approved cooking devices. Approved cooking devices, such as but not
limited to gas grills, charcoal grills, and electric grills, shall
not be used above the first floor of any structure containing three
or more living units.
(1)
Location. Approved cooking devices in multifamily dwellings may be
used on the first floor, providing a safe distance of 15 feet in any
direction from combustible materials is maintained.
D.
Refuse. The burning of refuse is prohibited. Materials that may not
be burned include, but are not limited to, garbage, trash, any material
made of or coated with rubber, plastic, leather or petroleum-based
materials and may not contain any flammable or combustible liquids.
Burning batteries, waste oil, appliances, and household furniture
are also prohibited.
(1)
Incinerators and nonapproved waste burners. The use of incinerators
and nonapproved waste burners, i.e., burning barrels, are prohibited.
E.
Recyclables. The burning of leaves, cardboard, and paper is hereby
prohibited, as these materials are recyclables. Twigs and branches
are also recyclables but may be burned in accordance with § 3-1-3B.
F.
Complaints. Complaints received by either the Fire and/or Police
Departments regarding smoke or ash residue infringing on adjacent
properties may require that such fires be immediately extinguished
or be subject to the general penalty of this Code.
G.
Chief may prohibit. The Fire Chief, or designee, may prohibit any
and all bonfires, recreational or cooking fires when atmospheric conditions
or local conditions make such fires hazardous.
(1)
Other regulations. Burning may also be subject to the administrative
rules of the Department of Natural Resources.
A.
No person shall construct, maintain or operate any bulk storage tanks
for the purpose of sale and distribution to consumers at any place
within the City without first obtaining a conditional use permit for
the same.
B.
No person shall hereafter construct or install any bulk storage tanks
for the storage of gasoline either above- or below-ground in any residential
district.
C.
Liquefied petroleum gas tanks shall be installed only after a permit
has been issued and shall conform with the applicable sections of
the Wisconsin Administrative Code for liquefied petroleum gases with
the following exceptions:
(1)
Such tanks may be installed only in the rear yard as defined in Chapter
10-1, Zoning Code, of this Code, except for corner lots, whereon they
may be placed in the interior side yard at the discretion of the Zoning
Administrator.
(2)
No such tank shall be placed nearer than 10 feet to any property
line, except where a public alley is provided, the clearance from
the alley may be reduced to five feet.
(3)
Underground liquefied petroleum gas tanks may be installed only after
a modification has been granted by the Fire Chief in accordance with
the provisions of this Code.
D.
Removal of underground storage tanks. Underground flammable liquid
storage tanks shall be removed in accordance with Ch. ATCP 93, Wis.
Adm. Code. After said tank(s) is removed, the excavation shall be
filed with clean well-compacted fill to the surface of the adjacent
grade.
A.
Prohibited discharges. No person, firm or corporation shall discharge
or cause to be discharged, leaked, leached or spilled upon any public
or private street, alley, public or private property, or unto the
ground, surface waters, subsurface waters, or aquifers within the
City of Two Rivers, except those areas specifically licensed for waste
disposal or landfill activities and to receive such materials, any
explosive, flammable or combustible solid, liquid or gas, any radioactive
material at or above nuclear regulatory restriction levels, etiologic
agents, any solid, liquid or gas creating a hazard, potential hazard,
or public nuisance or any solid, liquid or gas having a deleterious
effect on the environment.
B.
Containment, cleanup and restoration. Any person, firm or corporation in violation of Subsection A above shall, upon direction of any emergency government officer, fire or police personnel, begin immediate actions to contain, clean up and remove to an approved repository the offending material(s) and restore the site to its original condition, with the offending person, firm, or corporation being responsible for all expenses incurred. Should any person, firm, or corporation fail to engage the necessary staff and equipment to comply or to complete the requirements of this section, the Office of Emergency Government, fire or police personnel may order required actions to be taken by public or private resources and allow recovery of any and all costs incurred by the City of Two Rivers.
C.
Emergency services responses include, but shall not be limited to,
fire service, emergency medical service, and/or law enforcement. A
person, firm or corporation who possesses or controls a hazardous
substance which is discharged or who causes the discharge of a hazardous
substance shall be responsible for reimbursement to the responding
agencies for actual and necessary expenses incurred in carrying out
their duties under this section. Actual and necessary expenses may
include but not be limited to replacement of equipment damaged by
the hazardous material, cleaning, decontamination and maintenance
of the equipment specific to the incident, costs incurred in the procurement
and use of specialized equipment specific to the incident, specific
laboratory expenses incurred in the recognition and identification
of hazardous substances in the evaluation of response, decontamination,
cleanup, and medical surveillance and costs incurred in future medical
surveillance of response personnel as required by the responding agencies
or personnel's medical professional.
D.
Site access. Access to any site, public or private, where a prohibited
discharge is indicated or suspected will be provided to emergency
government officers and staff and to City of Two Rivers Fire and Police
Department personnel for the purpose of evaluating the threat to the
public and monitoring containment, cleanup and restoration activities.
E.
Public protection. Should any prohibited discharge occur that threatens
the life, safety or health of the public at, near or around the site
of a prohibited discharge and the situation is so critical that immediate
steps must be taken to protect life and limb, the Public Safety Director,
the Coordinator of Emergency Government, his/her designee, or the
senior fire or police official on the scene of the emergency may order
an evacuation of the area or take appropriate steps for a period of
time until the Two Rivers City Council, Wisconsin Department of Natural
Resources or other federal, state, or county agency can take appropriate
action.
F.
Civil liability. Any person, firm, or corporation in violation of
this section shall be liable to the City of Two Rivers for any expenses
incurred by the City of Two Rivers or loss or damage sustained by
the City of Two Rivers by reason of such violations, in addition to
any other penalties provided for herein.
A.
Scope.
(1)
The scope of this section includes:
(a)
All types of commercial cooking equipment that uses rendered
animal fat, vegetable shortening, and other such oily matter that
produces grease-laden vapors and are used at any outdoor festival
or outdoor gathering held within the authority and jurisdiction of
the City of Two Rivers Fire Department; and
(b)
Cooking equipment used in fixed, mobile or temporary concessions,
such as, but not limited to, trucks, buses, trailers, pavilions, tents,
or any form of roofed enclosure, shall comply with this chapter in
addition to NFPA 96 and its referenced standards.
(2)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
- APPROVED
- Acceptable to the authority having jurisdiction.
- AUTHORITY HAVING JURISDICTION (AHJ)
- The Chief of the City of Two Rivers Fire Department or his/her designee.
- GREASE-LADEN VAPORS
- Grease that becomes liberated and entrained with exhaust air or might be visible as a liquid or solid.
B.
Operation and use. Any person using and/or operating any approved
cooking equipment shall be properly trained in its use and operation.
Training shall be current and documented. Training shall include,
but not be limited to, cooking under normal situations. In addition,
training shall include procedures for an emergency shutdown in the
event of a fire or other emergency.
C.
Attendance. The cooking equipment must be attended at all times by
a competent trained individual of at least 18 years of age.
D.
Location. The location of the cooking unit, unless contained within
a vehicle, trailer or roofed enclosure, shall be a minimum of 10 feet
away from any displays, tents, buildings or other combustibles.
E.
Fire protection. In addition to units that may include fire-protection
systems, portable fire extinguishers are required per NFPA 1, 10 and
58 (most current editions), as follows:
(1)
NFPA 1, Fire Code: Chapter 13, Fire Protection Systems, Chapter 13.6.7,
Fire extinguishers provided for the protection of cooking appliances
that use combustible cooking media (vegetable or animal oils and fats)
shall be listed and labeled for Class K fires.
(2)
NFPA 10, Standard for Portable Fire Extinguishers: Chapter 6.6, Installation
for Class K Hazards. Class K fire extinguishers shall be provided
for hazards where there is potential for fires involving combustible
cooking media (vegetable or animal oils and fats).
F.
Notification. Any user of such equipment shall notify the City of
Two Rivers Fire Department when the cooking equipment will be used
within the City of Two Rivers. Notification shall be at a minimum
48 hours in advance.
G.
Owner's responsibility. It is the responsibility of the owner
of the cooking unit to ensure that proper training has been provided,
emergency procedures are mounted, and that all the required equipment
is included and maintained in accordance with applicable codes (this
includes the proper type and size of portable fire extinguishers).
A.
Sprinkler systems. Prior to any modification to existing commercial
and industrial sprinkler systems or installation of a new sprinkler
system, the plans approved by the state for such systems shall be
submitted to the Fire Department or its designee for review, when
not already required by the state.
(1)
Standards. All sprinkler systems shall meet the standards of NFPA
13, Standard for the Installation of Sprinkler Systems, NFPA 13R,
Standard for the Installation of Sprinkler Systems in Low-Rise Residential
Occupancies, up to and including four stories in height, NFPA 25,
Standard for the Inspection, Testing, and Maintenance for Water-Based
Fire Protection Systems, and any of their referenced standards, and
other standards adopted by the state.
(2)
Submittals. Four copies of the plans, specifications and calculations
shall be submitted for review. Approved plans shall be stamped "Conditionally
Approved," with a plan approval number, the date and signature of
the approving person. One copy will be kept on file by the Fire Department,
while the other three copies will be returned to the contractor. Full
responsibility for the accuracy of the plans and calculations is the
sole responsibility of the contractor.
(3)
Fire Department connections. Fire Department connections (FDC) on
all systems shall be a five-inch Storz connection. The location of
the FDC shall be approved by the Fire Department prior to work being
commenced. Notification: No work may begin on the installation of
a sprinkler system until plans have been submitted and reviewed by
the Fire Department. The Fire Department shall be contacted no less
than 48 hours in advance for any tests required by code either during
installation or inspection, testing, or maintenance of the system.
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
(4)
Documentation. Copies of all inspection, testing, and maintenance
of sprinkler systems shall be forwarded to the Fire Department. In
addition, the most current test/maintenance record shall be posted
at the system control panel.
B.
Other fire-suppression systems. Prior to any modification to or installation
of any new fire-suppression system, or the alteration of an existing
system, plans shall be submitted to the Fire Department or its designee
for review, when not already required by the state.
(1)
Standards. All fire-suppression systems, other than water-based sprinkler
systems, shall comply with the applicable NFPA standards (most current
edition at the time of modification or installation).
(2)
Submittals. Four copies of the plans, specifications and calculations
shall be submitted for review. Approved plans shall be stamped "Conditionally
Approved," with a plan approval number, the date and signature of
the approving person. One copy will be kept on file by the Fire Department,
while the other three copies will be returned to the contractor. Full
responsibility for the accuracy of the plans and calculations is the
sole responsibility of the contractor.
(3)
Fees: (intentionally left blank for future consideration).
(4)
Notification. No work may begin on the installation of a fire-suppression
system until plans have been submitted and reviewed by the Fire Department.
The Fire Department shall be contacted no less than 48 hours in advance
for any tests required by code either during installation or inspection,
testing, or maintenance of the system.
(5)
Documentation. Copies of all inspection, testing and maintenance
of fire-suppression systems shall be forwarded to the Fire Department.
In addition, the most current test/maintenance record shall be posted
at the system control panel.
C.
Fire extinguishers. The installation, maintenance, selection, and
distribution of portable fire extinguishers shall be in accordance
with NFPA 1, Fire Code, Chapter 13.6, and NFPA 10, Standard for Portable
Fire Extinguishers, except as otherwise provided hereunder.
(1)
The owner, designated agent, or occupant of all required occupancies
has the option of purchasing a compliant fire extinguisher in lieu
of maintenance requirements. In these situations the following applies:
(a)
A new fire extinguisher must be purchased annually.
(b)
The dated store purchase receipt for the new extinguisher must
be kept on file for inspection and presented to the inspector for
review and copying upon request.
(c)
The date the new fire extinguisher was placed in service must
be permanently displayed on the extinguisher.
(2)
In situations where a conflict between the provisions of the code
and the standard referred to in § 3-1-7C above in this section
and the manufacturer's recommendations relative to said fire
extinguisher, the authority having jurisdiction shall apply and enforce
the more restrictive provision.
A.
Private fire service mains and their appurtenances. Prior to any
modification to or installation of a private fire service main and
the appurtenances, or the alteration of a private fire service main
and their appurtenances, plans approved by the state for such systems
shall be submitted to the Fire Department or its designee for review,
when not already required by the state. Only approved hydrants and
post indicator valves (PIVs) shall be allowed for use on private property
for the sole purpose of fire protection.
(1)
Standards. All private fire service mains and their appurtenances
shall comply with NFPA 24, Private Fire Service Mains and Their Appurtenances,
and any of its referenced standards (most current edition at the time
of modification or installation).
(2)
Submittals. Four copies of the plans, specifications and calculations
shall be submitted for review. Approved plans shall be stamped "Conditionally
Approved," with a plan approval number, the date and signature of
the approving person. One copy will be kept on file by the Fire Department,
while the other three copies will be returned to the contractor. Full
responsibility for the accuracy of the plans and calculations is the
sole responsibility of the contractor.
(3)
Notification. No work may begin on the installation of a private
fire service main and/or their appurtenances until plans have been
submitted and reviewed by the Fire Department. The Fire Department
shall be contacted no less than 48 hours in advance for tests required
by code either during installation or inspection, testing or maintenance
of the system.
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
(4)
Documentation. Copies of all inspection, testing, and maintenance
of private service mains and their appurtenances shall be forwarded
to the Fire Department. In addition, the most current test/maintenance
record shall be available upon request.
Prior to installation of any new fire alarm or detection system,
or the alteration of an existing system, the plans approved by the
state for such systems shall be submitted to the Fire Department or
its designee for review, when not already required by the state.
A.
Standards. All fire alarm or detection systems shall apply with NFPA
72, National Fire Alarm Code, and any of its referenced standards
(most current edition at time of modification or installation).
B.
Submittals. Four copies of the plans, specifications and calculations
shall be submitted for review. Approved plans shall be stamped "Conditionally
Approved," with a plan approval number, the date and signature of
the approving person. One copy will be kept on file by the Fire Department,
while the other three copies will be returned to the contractor. Full
responsibility for the accuracy of the plans and calculations is the
sole responsibility of the contractor.
C.
Notification. No work may begin on the installation of a fire alarm
or detection system until plans have been submitted and reviewed by
the Fire Department. The Fire Department shall be contacted no less
than 48 hours in advance for any tests required by code either during
installation or inspection, testing or maintenance of the system.
D.
Documentation. Copies of all inspection, testing, and maintenance
of alarm detection systems shall be forwarded to the Fire Department.
In addition, the most current test/maintenance record shall be posted
at the system control panel.
E.
Runner service. The Fire Department requires that a person arrive
within one hour to restore the system or notify the Fire Department
that the system is considered out of order. In such case, notification
must be made to all occupants of the building that the fire alarm/detection
system is out of order. The Fire Department shall be notified when
the system is restored.
F.
Alarm restoration. The City of Two Rivers Fire Department is not
responsible for restoring fire or detection alarms.
A.
Rapid-entry key boxes required. The City of Two Rivers elects to
require the use of rapid-entry lockbox devices and associated equipment
as provided by the Knox Company and currently in use by the Fire Department
for all commercial, industrial and residential buildings that have
a fire sprinkler system and/or alarm systems with annunciator panel.
B.
Rapid-entry key boxes recommended. The City recommends use of rapid-entry lockbox devices and associated equipment as described Subsection A above in the following types of buildings; where building owners elect to provide such rapid-entry lockbox devices to facilitate access by the Fire Department, such devices and associated equipment shall be provided by the Knox Company and of the type currently in use by the Fire Department:
(2)
In all multifamily residential structures containing three or more living units, other than those described in Subsection A above, that have restricted access through locked doors and have a common corridor for access to the living units or mechanical rooms.
(3)
In any other building where lack of access may result in loss of
life or significant property or environmental damage, based on factors
including but not limited to fire load, occupant load, exposures,
building construction, age of building, and storage or use of hazardous
materials. (Single- and two-family dwellings are exempt from this
requirement.)
C.
Location. The key box shall be installed in an accessible location
approved by the Fire Department. The key box shall be mounted not
less than five feet, or more than seven feet, above ground level immediately
below the installation.
D.
Contents. The key box shall contain keys for the following:
E.
Owner's responsibility. Owners are required:
(1)
To purchase an approved key box by contacting the Fire Department
and obtaining the necessary authorization form.
(2)
To provide to the Fire Department the proper keys for the required
access.
(3)
To notify the Fire Department when the locks or keys have changed.
(4)
To keep the immediate area of the key box free and clear of any obstructions.
F.
Violation. It shall be unlawful to tamper with or remove any key
box without the permission of the Fire Department.
A.
No person
shall install, use or maintain an outdoor solid-fuel-burning furnace
in the City of Two Rivers.
B.
An "outdoor solid-fuel-burning furnace" is any equipment, device
or apparatus, or any part thereof, which is installed, affixed or
situated outdoors or in any accessory building for the primary purpose
of combustion of solid fuel such as wood, coal, corn cobs, wood or
coal pellets or other combustible solid fuels to produce heat or energy
used as a component of a heating system providing heat for any interior
space or water source.
A person, persons or entity causing an incident, including but
not limited to a motor vehicle accident, fire, hazardous substance
spill, or other action, which results in the provision of emergency
services by the City shall be responsible for reimbursement of costs
incurred by the City in providing fire service, emergency medical
service, and/or law enforcement service in connection with such incident,
in such amounts as shall be determined by the City Council by resolution
to be adopted annually. Such costs shall include, but shall not be
limited to, the costs of labor of the relevant City officers, employees
and officials providing such services; replacement of City equipment
damaged in providing such services; equipment cleaning, decontamination
and maintenance specific to the incident; and costs incurred in the
procurement and use of specialized equipment specific to the incident.
A.
The City Council shall at least once each calendar year adopt a resolution
or resolutions determining and identifying fees to reimburse the City
for costs related to the provision of police and fire protection and
emergency medical services (EMS) under the pertinent sections of this
Title 3, Chapter 1 of the Municipal Code, as such sections now exist
or may be adopted or amended in the future.
B.
The City Manager's office shall maintain a comprehensive listing
of all fees adopted by the City Council pursuant to this section.
Any person who shall violate any provision of this chapter or
any order, rule or regulation made or adopted hereunder or if any
person shall obstruct or hinder the Fire Inspector, his/her deputy
or any designated Fire Department member in the performance of his/her
duty, or refuse to observe any lawful direction given by the Inspector,
or his/her deputy, such person shall be subject to the general provisions
penalty of this Code.[1] Each violation and each day the violation continues or
occurs shall constitute a separate offense. Nothing in this section
shall preclude the City from maintaining any appropriate action to
prevent or to remove a violation of any provision of this section.
[1]
Editor's Note: See Ch. 1-1, Art. II, General Penalty.
