CHAPTER VII. FIRECHAPTER VII. FIRE\ARTICLE 2. FIRE PREVENTION

The Fire Prevention Code, 1976 Edition, supplemented by the November 1982 amendments, as recommended by the American Insurance Association is hereby adopted by reference for the purpose of regulation of conditions hazardous to life and property from fire and explosion including the appendix thereof, as stated in the “City of Miltonvale Official Copy.” A copy of the Fire Prevention Code shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Miltonvale,” and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business.

(Code 1997)

The code hereby adopted shall be enforced by the chief of the fire department.

(Code 1997)

(a)   Wherever the word municipality is used in the code hereby adopted, it shall be held to mean the City of Miltonvale.

(b)   All sections of the Uniform Fire Code relating to fireworks are hereby deleted in their entirety.

(Code 1997)

(a)   The governing body has found that open burning within the corporate limits of the City of Miltonvale creates potential hazards. It is hereby deemed necessary by the governing body to prohibit such open burning without a burn permit, and to set forth requirements for such a permit, and a written policy regarding such a permit as provided herein.

(b)   For the purpose of this section, the following words and terms shall have the following meanings:

(1)   “Fire Department” shall mean the Miltonvale Fire Department or its successor.

(2)   “Burn Permit Officer” shall mean the Fire chief or the Acting Fire Chief of the Miltonvale Fire Department or the Mayor of Miltonvale. Any of the aforementioned Burn Permit Officers may individually issue burn permits in conformance with this section, the Burn Permit Policy, and any other applicable law. The Mayor may appoint a person to serve as a Burn Permit Officer in the event that any of the aforementioned Burn Permit Officers are unable to serve.

(3)   “Open Burning” shall mean any burning that takes place outside a residential or business structure or any accessory structure thereto.

(4)   “Burn Permit” shall mean a written permit designed to license, specify and document open burning.

(Code 1956, 6-201:202; Ord. 511; Code 2017)

It shall be unlawful for any person to allow to accumulate or to keep in any part of any building or outside of and adjacent to any building or in any alley, sidewalk, street or premises within 30 feet of any building any rubbish, trash, waste paper, excelsior, empty boxes, barrels or other combustibles which shall constitute a fire hazard.

(Code 1956, 6-203; Code 1997)

It shall be unlawful for any person to deposit, stack or store any hay or straw within 500 feet of any building located inside the fire limits of the city.

(Code 1956, 6-203; Code 1997)

It shall be unlawful to keep excelsior or other packing material in any other than metal or wood metal line boxes or bins having self-closing or automatic covers. All refuse and trash from rooms where packing or unpacking is done shall be removed daily.

(Code 1956, 6-203; Code 1997)

It shall be unlawful to store ashes inside of any non-fireproof building unless they are stored in a noncombustible container or receptacle, and a clearance of at least five feet shall be maintained between such container or receptacle and any combustible materials not placed therein. Ashes shall not be stored outside of any building in wooden, plastic, or paper product receptacles or dumped in contact with or in close proximity to any combustible materials.

(Code 1956, 6-204; Code 1997)

The engines of motor vehicles shall be stopped when the gasoline tanks of such vehicles are being filled with gasoline at service stations or other places where gasoline is supplied to motor vehicles. The driver or person in control of such vehicle when the gasoline tank of same is being filled who refuses, neglects or fai.ls to stop the engine of such vehicle shall likewise be guilty of a violation of this code.

(Code 1997)

It is unlawful for any person to cause or create anywhere within the city, or to permit on any premises under his or her control, any situation or condition that is conducive to or likely to cause or permit the outbreak of fire or the spreading of fire. Any situation or condition conducive to the outbreak of or spread of fire, is declared to be a fire hazard. The violation of or failure to comply with any law pertaining to the storage, handling or use of inflammable oils, explosives, liquefied petroleum gases, or fertilizers and all wires and other conductors charged with electricity, is declared to be a fire hazard. The placing of stools, chairs or any other obstruction in the aisles, hallways, doorway, or exit of any theater, public hall, auditorium, church or other place of indoor public assemblage, or the failure to provide any such place of public assemblage with sufficient, accessible and unobstructed fire exits and escapes is also declared to be a fire hazard. The obstruction of any street, avenue, alley, fire hydrant or any other condition that might delay the fire department in fighting fire is declared to be unlawful.

(Code 1997)

It shall be the duty of the fire chief to inspect or cause to be inspected by fire department officers or members, as often as may be necessary all buildings, particularly all mercantile buildings, manufacturing plants, warehouses, garages, hotels, boarding houses, rooming houses, theaters, auditoriums and all places of public assemblage, for the purpose of discovering the violation of any fire preventive law or any fire hazard and ascertaining and causing to be corrected any conditions liable to cause fires and to see that all places of public assemblage, hotels and rooming houses have sufficient and unobstructed facilities for escape therefrom in case of fire.

(Code 1997)

Whenever any officer or member of the fire department shall find or discover any fire hazard or shall find in any building or upon any premises combustible or explosive material or dangerous accumulation of rubbish or unnecessary accumulation of paper, boxes, shavings or any ether inflammable material, so situated as to endanger property by the probability of fire, or shall find or discover any violation of this chapter or any other law hazardous to public safety from fires, the fire chief shall order the fire hazard or danger from the fire forthwith abated and remedied and such order shall be complied with immediately by the owner or occupant of such buildings or premises. If the hazard or condition ordered abated and remedied is a violation of, or a failure to comply with any law, the fire chief shall report the matter to the city attorney and he or she shall, if he or she deems it advisable, prosecute the offender.

(Code. 1997)

Any order made under section 7-212 shall be in writing and may be served personally upon the owner or occupant of the premises or by leaving it with any person in charge of the premises or if the premises are unoccupied, and the owner is a nonresident of the city, then by mailing a copy to the owner’s last known post office address. One notice to either the occupant or owner shall be sufficient. The fire chief shall keep a record of and copies of all such orders and notices and shall follow up such notices at the expiration of the time for compliance therewith and when complied with make proper entry, and if not complied with, file complaint with the municipal court against the property owner and or occupant.

(Code 1997)