CHAPTER 205: FIRE PREVENTION AND FIRE PROTECTION

ARTICLE I. FIRE DEPARTMENT

SECTION 205.010: FIRE DEPARTMENT ESTABLISHEDCOMPOSITION

There is hereby established a Fire Department for the City which shall consist of a Chief, one (1) Assistant Chief, and such organized volunteer firemen as may be enrolled by the Chief with the consent of the Mayor. (CC 1979 §70.010)

SECTION 205.020: FIRE DEPARTMENTDUTIES

The Fire Department shall have charge of the fire apparatus and shall keep the same in good order for immediate use, and for more effectually perfecting the firemen in discharge of their duties shall as often as practicable thoroughly test the condition of the fire-fighting apparatus. Upon arrival at any fire, the members present shall take all necessary and proper action to extinguish such fire as quickly as possible and with the least damage possible. The department shall take all reasonable steps necessary under the circumstances to prevent the spread of the fire and damage to adjoining property. (CC 1979 §70.020)

SECTION 205.030: FIRE DEPARTMENTFIRE OUTSIDE CITY LIMITS

If there are two (2) serviceable fire trucks with adequate equipment and a request is received for fire- fighting equipment outside the City limits, the Fire Chief, or Assistant Chief, may determine whether to answer such request depending upon the road conditions, water supply and other con­ditions at the time, and his/her decision shall be final. The decision of the Fire Chief or Assistant Fire Chief shall in no way subject his/her to liability. In the event the Fire Department answers the call, it shall take only one (1) truck and not more than one-half (½) of the available members of the department. The charge for making a call outside the City limits shall be two hundred fifty dollars ($250.00), regardless of the success or failure of the mission. The two hundred fifty dollars ($250.00) is to repay the City General Reve­nue Fund for purchasing and maintaining fire equipment; provided, that if the City equipment shall be used for longer than one (1) hour, the charge shall be fifty dollars ($50.00) per hour or any part thereof in excess of the first (1st) one (1) hour period for which the two hundred fifty dollar ($250.00) charge is made; provided further, that from this two hundred fifty dollars ($250.00) the General Revenue Fund of the City shall be reimbursed for expenses related to purchasing and maintaining fire equipment. (CC 1979 §70.030)

SECTION 205.040: FIRE CHIEF AND ASSISTANT FIRE CHIEFAPPOINTMENT AND

TERM

The Chief shall be appointed by the Mayor by and with the consent of the Board of Aldermen at the first (1st) regular meeting of the Board after the City election. The Chief shall hold office for a term of one (1) year and until his/her successor is appointed and qualified. The Assistant Chief shall be elected annually at the first (1st) meeting of the Fire Department after the appointment of the Chief, said election to be by the members of the Fire Department including the Chief and all enrolled volunteer fire­men, and he/she shall hold office for one (1) year and until his/her successor is elected and qualified. (CC 1979 §70.040)

SECTION 205.050: FIRE CHIEFDUTIES

It shall be the duty of the Chief to examine and report quarterly to the Mayor the condition of the department and its equipment and to recommend such alterations and additions and charges as the department may in his/her judgment require. It shall also be his/her duty to ascertain and report to the Mayor the condition and efficiency of the Fire Department and if the department fails to observe and enforce its rules and regulations so as to impair its efficiency, to report the same with such suggestions as he/she may deem most appropriate.

1. The Fire Chief shall examine or cause to be examined all buildings and all places where explosives and inflammable materials are kept in the City and to report their condition at least once a year to the Mayor, and the Fire Chief or any person acting for him/her is hereby authorized to enter any and all buildings and places for the purpose of inspecting same during normal business hours.

2. The Fire Chief shall enforce the provisions of Article II of this Chapter.

3. The Fire Chief shall from time to time report to the May­or the condition of fire escapes on public buildings and on other build­ings required by law to be provided with fire escapes.

4. He/she shall keep an inventory of all the City Fire Depart­ment's property and equipment and report the same to the Mayor at least once a year.

5. He/she shall keep informed and make an annual report as to the condition of the City water supply and fireplugs.

6. He/she shall keep the department in good condition and at all times ready for inspection.

7. In the exercise of these duties, the Fire Chief may dele­gate to the Assistant Chief or to other department members such responsi­bilities as in his/her judgment may be required. (CC 1979 §70.050)

SECTION 205.060: ASSISTANT FIRE CHIEFDUTIES

The Assistant Fire Chief shall assume the duties of the Chief in his/her absence, or the vacancy of the office until a new Chief is appointed, and shall assist the Chief in the performance of his/her duties and shall obey his/her orders. (CC 1979 §70.060)

SECTION 205.070: FIREMENDUTIES

The firemen shall be under the immediate control and direction of the Fire Chief and upon an alarm of fire shall without unnecessary delay repair to the endangered premises with the City fire apparatus. (CC 1979 §70.070)

SECTION 205.080: COMPENSATION

The Fire Chief, Assistant Fire Chief and all firemen shall serve without compensation.

1. Nothing contained in this Section shall be construed as prohibiting the Board of Aldermen from granting to such Chief, Assis­tant Chief and firemen a special payment in any case of large conflagra­tion or long fight when the service rendered would seem to merit com­pensation.

2. The City shall pay all charges for emergency alerting systems for Fire Chief, Assistant Chief and all firemen. (CC 1979 §70.080)

SECTION 205.090: FIRE CHIEFPOWERS AND DUTIES AT FIRES

A. The Fire Chief shall have full power, control and command over all per­sons at fires, excepting only City Police Officers on duty. He/she shall station the fire apparatus and see to it that all persons belonging to the Fire Department perform the duties required of them. It shall also be the duty of the Chief to direct at all fires such measures as he/she shall deem advisable for the extinguishment and control of such fires.

B. The Fire Chief and Assistant Fire Chief of the Fire Department of this City are acting Police Officers while on duty and have full authority to detain, direct or arrest any person who maliciously obstructs them in the service of their duty and to arrest any person who may be pilfering, carrying away or stealing anything in time of fire, storms, tornadoes and flood. (CC 1979 §70.090)

SECTION 205.100: DRIVING OVER FIRE HOSE PROHIBITED

No person shall drive any vehicle over, upon or across any fire hose at any time when said hose may be in use or lying upon or across any public way. (CC 1979 §70.100)

SECTION 205.110: BLOCKING FIRE HYDRANTS, FIREHOUSE PROHIBITED

No person shall park or leave standing in front of, or within fifteen (15) feet of, any fire hydrants or in front of the firehouse any vehicle at any time. (CC 1979 §70.110; Ord. No. 142 §70.110, 8-24-92)

SECTION 205.120: USE OF WHISTLES, ETC., PROHIBITED

No person shall use, or as owner thereof permit to be used, any siren, whistle or whistles not installed on fire or Police apparatus or in some way pertaining to fire without first obtaining permission from the Fire Chief. (CC 1979 §70.120)

SECTION 205.130: APPARATUS AND APPLIANCES

Provide automobile fire apparatus carrying at least one thousand two hundred (1,200) feet of two and one-half (2½) inch double-­jacket rubber-lined fire hose, at least two (2) shut-off nozzles, one (1) two and one-half (2½) gallon water pump type extinguisher, one (1) two and one-half (2½) gallon foam type extinguisher or the equivalent, one (1) twenty-eight (28) foot Fire Department type extension ladder, one (1) twelve (12) foot Fire Department type roof ladder, a pike pole, crowbar, axes, electric lanterns, fire hydrant wrenches and hose coupling spanners. (Combination fog and solid stream nozzles may be acceptable in lieu of solid stream tips.) Pumper may be required as specified. (CC 1979 §70.130)

SECTION 205.140: FIRE STATION

House apparatus in a separate substantial heated building with hose dry­ing facilities; building to be free of any serious fire exposure or hazardous occupancy. If the apparatus is housed in a public garage or other hazardous place, it shall be separated from the remainder of the building by a tight incombustible partition and have a separate exit to the street. No part of principal mercantile and industrial districts shall be more than three-fourths (¾) mile travel distance from fire station and no part of residential district shall be more than two (2) miles travel distance from fire station. (CC 1979 §70.140)

ARTICLE II. PERIODIC INSPECTIONS AND MISCELLANEOUS

PROVISIONS FOR FIRE PREVENTION

SECTION 205.150: PERIODIC INSPECTIONS

It shall be the duty of the Chief of the Fire Department to inspect or cause to be inspected by Fire Department officers or members, as often as may be necessary but not less than once a year, all buildings, premises and public thoroughfares, except private dwellings, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire. A written report of every such inspection shall be filed with the City Clerk by the inspector. Such inspector may at all reasonable hours enter any building or premises, except private dwellings, for the purpose of making any inspection which, under the provisions of this Article, he/she may deem necessary to be made. (CC 1979 §78.700)

SECTION 205.160: FIRE HAZARDS TO BE REMEDIED

Whenever such inspector may find combustible or explosive matter or dan­gerous accumulation of rubbish or unnecessary accumulation of waste paper, boxes, shavings, or any other highly flammable materials especially liable to cause fire and which is so situated as to endanger property or shall find obstructions to or on fire escapes, stairs, passageways, doors or windows liable to interfere with the operations of the Fire Department or egress of occupants in case of fire, he/she shall order same to be removed or remedied. Such order shall be complied with within forty-eight (48) hours by the owner or occupants of such premises or building. (CC 1979 §78.702)

SECTION 205.170: BONFIRES

Burning of trash, lumber, leaves or other combustible material where deemed a hazard by the Chief of the Fire Department is prohibited except under such safeguards as he/she may specify. (CC 1979 §78.704)

SECTION 205.180: HOT ASHES AND OTHER DANGEROUS MATERIALS

Ashes, smoldering coals or embers, greasy or oily substances liable to spontaneous ignition shall not be deposited or allowed to remain within ten (10) feet of any combustible materials except in metal or other non-com­bustible receptacles. (CC 1979 §78.706)

SECTION 205.190: ACCUMULATIONS OF COMBUSTIBLE MATERIALS

No person shall permit to remain upon any roof or in any yard any accumu­lation of waste paper, hay, grass, straw, weeds, litter or combustible or flammable waste or rubbish of any kind. All such materials in stores, apartment buildings, factories or similar places shall be compactly baled and stacked, removed from the premises or stored in suitable vaults or receptacles to the satisfaction of the Chief of the Fire Department. (CC 1979 §78.708)

SECTION 205.200: SUPPLEMENTARY REQUIREMENTS

All matters not covered by this Article shall conform with generally accepted good practice. (CC 1979 §78.712)

SECTION 205.205: TEMPORARY BURN BAN

A. Definitions. For purposes of this Section, the following terms are defined as follows:

FIREWORKS: Includes any combustible or explosive composition or substance or combination of substances or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, detonation or deflagration.

OPEN BURNING: The ignition and subsequent burning of any combustible material (garbage, leaves, grass, twigs, litter, paper, vegetative matter involved with land clearing or any sort of debris) out-of-doors in either a burn barrel (screened or unscreened), fire ring or on the ground.

B. Burn Ban Imposed. During periods of draught or when lack of precipitation and presence of high winds causes an increased fire hazard, the Mayor of the City shall have authority to impose a temporary ban on open burning or the private use or discharge of any fireworks and/or sparklers within City limits. The temporary ban shall be lifted as soon as weather conditions permit and no temporary ban shall remain in effect for a period in excess of thirty (30) days unless extended by the Mayor.

C. Exceptions To Burn Ban. The use of propane or gas stoves or charcoal briquette grills shall not be prohibited when a burn ban is in effect. The ban shall not apply to State or municipal authorized burns or public fireworks displays permitted by the City.

D. Notice. Notice of a burn ban shall be given to the public by newspaper, radio and/or television of the applicability of the ban and the lifting of the ban. The burn ban imposed under this Section shall supersede any municipal ordinance allowing burning or the discharge of fireworks within the City.

E. Penalty. Any person who knowingly violates the temporary burn ban shall upon conviction be subject to the penalty provisions of Section 100.220 of the Municipal Code. (Ord. No. 06-371, 5-8-06)

ARTICLE II. PERIODIC INSPECTIONS AND MISCELLANEOUS PROVISIONS FOR FIRE PREVENTION

SECTION 205.150: PERIODIC INSPECTIONS

It shall be the duty of the Chief of the Fire Department to inspect or cause to be inspected by Fire Department officers or members, as often as may be necessary but not less than once a year, all buildings, premises and public thoroughfares, except private dwellings, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire. A written report of every such inspection shall be filed with the City Clerk by the inspector. Such inspector may at all reasonable hours enter any building or premises, except private dwellings, for the purpose of making any inspection which, under the provisions of this Article, he/she may deem necessary to be made. (CC 1979 §78.700)

SECTION 205.160: FIRE HAZARDS TO BE REMEDIED

Whenever such inspector may find combustible or explosive matter or dan­gerous accumulation of rubbish or unnecessary accumulation of waste paper, boxes, shavings, or any other highly flammable materials especially liable to cause fire and which is so situated as to endanger property or shall find obstructions to or on fire escapes, stairs, passageways, doors or windows liable to interfere with the operations of the Fire Department or egress of occupants in case of fire, he/she shall order same to be removed or remedied. Such order shall be complied with within forty-eight (48) hours by the owner or occupants of such premises or building. (CC 1979 §78.702)

SECTION 205.170: BONFIRES

Burning of trash, lumber, leaves or other combustible material where deemed a hazard by the Chief of the Fire Department is prohibited except under such safeguards as he/she may specify. (CC 1979 §78.704)

SECTION 205.180: HOT ASHES AND OTHER DANGEROUS MATERIALS

Ashes, smoldering coals or embers, greasy or oily substances liable to spontaneous ignition shall not be deposited or allowed to remain within ten (10) feet of any combustible materials except in metal or other non-com­bustible receptacles. (CC 1979 §78.706)

SECTION 205.190: ACCUMULATIONS OF COMBUSTIBLE MATERIALS

No person shall permit to remain upon any roof or in any yard any accumu­lation of waste paper, hay, grass, straw, weeds, litter or combustible or flammable waste or rubbish of any kind. All such materials in stores, apartment buildings, factories or similar places shall be compactly baled and stacked, removed from the premises or stored in suitable vaults or receptacles to the satisfaction of the Chief of the Fire Department. (CC 1979 §78.708)

SECTION 205.200: SUPPLEMENTARY REQUIREMENTS

All matters not covered by this Article shall conform with generally accepted good practice. (CC 1979 §78.712)

SECTION 205.205: TEMPORARY BURN BAN

A. Definitions. For purposes of this Section, the following terms are defined as follows:

FIREWORKS: Includes any combustible or explosive composition or substance or combination of substances or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, detonation or deflagration.

OPEN BURNING: The ignition and subsequent burning of any combustible material (garbage, leaves, grass, twigs, litter, paper, vegetative matter involved with land clearing or any sort of debris) out-of-doors in either a burn barrel (screened or unscreened), fire ring or on the ground.

B. Burn Ban Imposed. During periods of draught or when lack of precipitation and presence of high winds causes an increased fire hazard, the Mayor of the City shall have authority to impose a temporary ban on open burning or the private use or discharge of any fireworks and/or sparklers within City limits. The temporary ban shall be lifted as soon as weather conditions permit and no temporary ban shall remain in effect for a period in excess of thirty (30) days unless extended by the Mayor.

C. Exceptions To Burn Ban. The use of propane or gas stoves or charcoal briquette grills shall not be prohibited when a burn ban is in effect. The ban shall not apply to State or municipal authorized burns or public fireworks displays permitted by the City.

D. Notice. Notice of a burn ban shall be given to the public by newspaper, radio and/or television of the applicability of the ban and the lifting of the ban. The burn ban imposed under this Section shall supersede any municipal ordinance allowing burning or the discharge of fireworks within the City.

E. Penalty. Any person who knowingly violates the temporary burn ban shall upon conviction be subject to the penalty provisions of Section 100.220 of the Municipal Code. (Ord. No. 06-371, 5-8-06)

ARTICLE III. FIREWORKS

SECTION 205.210: DEFINITION

For purposes of this Article, the following word is defined as follows:

FIREWORKS: Any combustible or explosive composition or substance or combination of substances or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, or detonation or deflagration. (CC 1979 §66.005; Ord. No. 67 §1, 6-22-87)

SECTION 205.220: SALE PROHIBITED, EXCEPTION

A. It shall be unlawful for any person to sell or offer for sale any type or kind of fireworks within the corporate limits of the City except permissible items of consumer fireworks, as defined by State law, may be sold at retail by the holder of a valid permit during the selling period of the twentieth (20th) day of June through the tenth (10th) day of July and the twentieth (20th) day of December through the second (2nd) day of January.

B. A permit for the sale of fireworks at a specified location within the corporate limits of the City shall be issued to the holder of a valid State permit unless the Fire Chief or other designated official determines sale from that location to be unsafe or in violation of State or Federal restrictions on the sale of fireworks.

C. The fee for a permit issued by the City for the retail sale of fireworks within the corporate limits shall be twenty-five dollars ($25.00). (CC 1979 §66.010; Ord. No. 393 §A, 5-12-08)

SECTION 205.230: DISCHARGE PROHIBITED IN CERTAIN AREAS, AT CERTAIN TIMES

It shall be unlawful for any person to discharge or shoot any type of fireworks or firecrackers:

1. On any day other than July fourth (4th), Independence Day;

2. At any time in or on any public street, public sidewalk, public park, public grounds, or within the business district of the City.

a. Provided, that the Board of Aldermen, by resolution, may permit the discharge or shooting of fireworks or firecrackers on public or private property within the business district on July fourth (4th) if the same is a public display for which no admission charge is collected and if the same is sponsored and conducted by a local organization.

3. The Board of Aldermen may allow public displays on a day other than July fourth (4th) by resolution or motion of the Board. (CC 1979 §66.020)

SECTION 205.240: DISCHARGE PROHIBITED DURING DISPLAY

It shall be unlawful for any person to explode any fireworks within two thousand (2,000) feet of the City of Stockton's fireworks display from 8:00 P.M. until 10:30 P.M. on July fourth (4th) or on any other such night the City of Stockton shall designate for the City of Stockton's fireworks display. (CC 1979 §66.030; Ord. No. 67 §2, 6-22-87)

ARTICLE IV. FIRE LIMITS

SECTION 205.250: FIRE DISTRICT LIMITS ESTABLISHED

The following is hereby declared to be the fire district limits of the City:

Blocks one (1) and six (6), eight (8) and seven (7), nine (9) and ten (10), two (2) and eleven (11), three (3) and twelve (12), thir­teen (13) and fourteen (14), fifteen (15) and sixteen (16), four (4) and five (5) in the original Town of Stockton or the same is one (1) block each way from the Square. (CC 1979 §40.030)

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