Chapter 9.75
FIRE PREVENTION AND PROTECTION
Sections:
Article I. General Provisions
9.75.010 Tampering with, and obstruction of, fire hydrants.
9.75.020 Obstruction of fire lanes, and the like.
9.75.030 Hazardous and toxic material spills and leaks.
9.75.040 Hazardous materials response fund.
Article II. Standby and Readiness Service for Special Events
9.75.050 Special event standby services.
9.75.060 Fees for standby readiness services at special events.
Article III. Standards for Fire Hydrants
9.75.080 General requirements.
Article I. General Provisions
9.75.010 Tampering with, and obstruction of, fire hydrants.
(A) No person shall use, operate or molest fire hydrants in the town for any purpose other than use at a fire without permission of the clerk-treasurer.
(B) There is hereby established a six-foot radius around each fire hydrant in the town wherein no person shall cause any obstruction to be placed, of whatever kind, which in any way interferes with or impedes access or effective use of said hydrant by the Highland fire department, or any other duly authorized agent of the town of Highland.
(C) No person shall cause any obstruction to be placed in said six-foot radius of a fire hydrant that impedes with or obstructs the Highland fire department or duly authorized agents of the town of Highland from establishing a clear line of vision and observation of said fire hydrant. [Ord. 934, 1988. Code 1983 § 7-1; Code 2000 § 93.01].
Penalty, see HMC 1.05.170.
9.75.020 Obstruction of fire lanes, and the like.
No person shall park any vehicle or cause any obstruction to be placed in an area which has been determined by the chief as necessary for the quick effective response and positioning of rescue apparatus, fire fighting apparatus, fire department personnel and general exit areas for the egress of building or area occupants. These areas shall be identifiable by a sign or signs to indicate no parking and shall include the phrase, “By Order of Fire Department.” [Code 1983 § 7-2; Code 2000 § 93.02].
Penalty, see HMC 1.05.170.
9.75.030 Hazardous and toxic material spills and leaks.
(A) Definitions. As used in this section, the following definitions shall apply:
“Hazardous materials emergency” has the meaning set forth in IC 13-11-2-97.
“Responsible party” has the meaning set forth in IC 13-11-2-191(d).
(B) The Highland fire department is authorized to impose a service charge on a person that is a responsible party with respect to a hazardous materials emergency to which the Highland fire department responded and to which members of the fire department assisted in containing, controlling, or cleaning up; provided, that:
(1) The hazardous materials emergency involves a quantity of hazardous materials that exceeds the spill quantities of hazardous materials that must be reported under 327 327 2-6.1-5, as in effect on January 1, 2001, with respect to the release or imminent release of hazardous materials at a facility; and
(2) The hazardous materials emergency involves a quantity of hazardous materials that exceeds the spill quantities of hazardous materials that must be reported under 327 327 2-6.1-6, as in effect on January 1, 2001, with respect to the release or imminent release of hazardous materials from a mode of transportation.
(C) The department may bill the responsible party for the total value of the assistance provided, as determined from the state Fire Marshal’s schedule of service charges issued under IC 36-8-12-16(e). The value shall also take into account the following:
(1) The actual wages and salary including payroll taxes, and any cost of benefits treated as compensation that are discretely measurable of personnel earned in the course of the response to the hazardous materials emergency;
(2) The actual cost of supplies and resources that were consumed or exhausted in the course of the response to the hazardous materials emergency; and
(3) The cost of replacement or repair to any equipment lost (unrecovered) or damaged in the course of the response.
(D) The department may not bill under this section for services provided that duplicate services provided by another governmental entity.
(E) The responsible party billed for services under this section may elect to reimburse the fire department by providing replacement materials that are of equal or greater value than those expended by the fire department in responding to the emergency.
(F) If the Highland fire department maintains an action for reimbursement under IC 13-25-6-5 and this section, it is further authorized to recover all costs of the action, including attorneys’ fees.
(G) The fire chief shall be responsible for the billing and collection and the execution of the provisions of this section. In all invoices or documents for billing, the fire chief shall provide a copy immediately to the office of the clerk-treasurer.
(H) The clerk-treasurer shall be further empowered to approve the manner and form of the billing document and suitable protocols.
(I) In addition to any other lawful penalties that may apply, a responsible party is subject to a penalty for failure to pay the full amount of a charge made under this section within 60 days after the issuance of the bill for payment by the fire department. The amount of the penalty is 10 percent of the amount of the charge that remains unpaid on the due date. [Ord. 1221 § 1, 2003. Code 2000 § 93.03].
Penalty, see HMC 1.05.170.
9.75.040 Hazardous materials response fund.
(A) There is hereby authorized, created and established a special revenue fund for use by the fire and emergency medical services (EMS) departments to be known as a hazardous materials response fund, pursuant to the provisions of IC 36-8-12.2-8.1 et seq.;
(B) The fund is dedicated and established to account for funds in support of the hazardous materials emergency assistance programs of the municipality established according to the terms of the Highland Municipal Code and IC 36-8-12.2-8.1;
(C) Expenditures from this fund shall be only for the following purposes:
(1) Purchase of supplies and equipment used in providing hazardous materials emergency assistance under this section and IC 36-8-12.2;
(2) Training for members of the fire department in skills necessary for providing hazardous materials emergency assistance as established by the municipality and IC 36-8-12.2;
(3) Payment to persons with which the fire department contracts to provide services related to the hazardous materials emergency assistance provided by the fire department under this chapter and IC 36-8-12.2;
(D) The establishment nor the purposes of this fund shall not be in derogation of the lawful purposes or construed to exclude the lawful purpose or expenditure from such other funds for the same or similar purposes;
(E) The sources of money for the fund may be as follows:
(1) The fees and charges imposed and collected under the provisions of HMC 9.75.030, the hazardous materials emergency response recovery fees;
(2) Interest earned from the investment of moneys on deposit to the credit of the fund, provided such investments are conducted pursuant to IC 5-13-9 et seq.;
(3) Gifts, donations and other voluntary contributions from any person to the fund consistent with the lawful purposes and objects of the fund; and
(4) Money derived from state or federal reimbursement grants, matching funds, or contributions for such projects as may be consistent with the objects of IC 6-9-2 and 36-7 et seq., including but not limited to multi-party or intergovernmental undertakings;
(F) Expenditures from the fund may be made from the proper category of expense and for the purposes of the fund only after an appropriation has been made in the manner provided by statute for making other appropriations and shall be disbursed only on approved accounts payable vouchers allowed by the town council. Allowances must only be made at a regular or special meeting of the town council, pursuant to IC 5-11-10 and 36-5-4 et seq.;
(G) The fund appropriations shall be further governed as follows:
(1) All unused and unencumbered monies do not revert to the corporation general fund nor to any fund but the fund created by this chapter;
(2) The unused and unencumbered balance of an appropriation shall not lapse at the end of the year in which the appropriation was made nor does it revert, but remains in full force and effect to the credit of the fund created by this chapter without reappropriation until the purpose for which the appropriation was made has been accomplished or abandoned;
(H) The clerk-treasurer, as municipal fiscal officer, is hereby directed and authorized to perform such duties and keep such accounts as to fulfill the purpose of the funds herein named and to carry out the provisions of this enactment. [Ord. 1221 § 2, 2003. Code 2000 § 93.04].
Article II. Standby and Readiness Service for Special Events
9.75.050 Special event standby services.
(A) Definitions. As used in this section, the following definitions shall apply:
“Event responsible party” is the organizer, organization, committee, corporation or person responsible for the special event.
“Special event” includes an event to which the public is an invitee, in which there will be a gathering or assembly of persons. This may include rallies, exhibitions, festivals, concerts, political gatherings, fairs, shows, athletic events, and ceremonial events.
“Standby or readiness services” includes the assignment or deployment of equipment, resources and members of the Highland fire department at the site of a special event as a precautionary measure, waiting to be engaged to provide public safety at the site and any exigent services that may arise or be needed at the special event site. It does not include any exigent services or calls that may arise off site and to which the members of the Highland fire department necessarily respond.
(B) The Highland fire department is authorized to impose a service charge on a person that is an event responsible party with respect to a special event to which the Highland fire department has deployed equipment, resources and to which members of the fire department were assigned; provided, that:
(1) The responsible party has requested the readiness or standby services of the Highland fire department and has been made aware of the special user fees that will be charged for such services; and
(2) The town legislative body has approved the imposition of the service fees in advance of any special event.
(C) The department may bill the responsible party for the total value of the services provided, as determined from the schedule of service charges described in HMC 9.75.060. The value shall also take into account the following:
(1) The actual wages and salary, including payroll taxes, and any cost of benefits treated as compensation that are discretely measurable of personnel earned in the course of the standby or readiness services;
(2) The actual cost of supplies and resources that were consumed or exhausted in the course of the standby or readiness services; and
(3) The cost of replacement or repair to any equipment lost (unrecovered) or damaged in the course of the standby or readiness services.
(D) The department may not bill under this section for services provided that duplicate services provided by another governmental entity.
(E) The fire chief shall be responsible for the billing and collection and the execution of the provisions of this section. In all invoices or documents for billing, the clerk-treasurer shall countersign any invoice before it is sent. Any invoice that does not have both the signature of the fire chief and the clerk-treasurer is void. Further, the fire chief shall provide a copy immediately to the office of the clerk-treasurer, pursuant to IC 36-5-4-14.
(F) The clerk-treasurer shall be further empowered to approve the manner and form of the billing document and suitable protocols.
(G) In addition to any other lawful penalties that may apply, a responsible party is subject to a penalty for failure to pay the full amount of a charge made under this section within 60 days after the issuance of the bill for payment by the fire department. The amount of the penalty is 10 percent of the amount of the charge that remains unpaid on the due date. [Ord. 1424 § 1, 2009. Code 2000 § 93.06].
9.75.060 Fees for standby readiness services at special events.
(A) There is an initial response equipment fee, to be charged as a one-time flat charge for a special event to which the identified equipment is dispatched or assigned. The charges shall be as follows:
|
For each noncommand vehicle: |
$250.00 |
|
For each command vehicle: |
$100.00 |
(B) There is an elapsed time equipment fee, to be charged based upon the accrued time spent by each piece of equipment for each incident to which the identified equipment is dispatched. The charges shall be as follows:
|
For each noncommand vehicle: |
$150.00 per hour |
|
For each command vehicle: |
$50.00 per hour |
(C) There is an elapsed time personnel fee, to be charged based upon the accrued time spent by each firefighter assigned or detailed to the particular special event. The charges shall be as follows:
|
Elapsed time personnel response fee: |
Actual hourly rate plus Social Security and Medicare taxes per hour per assigned firefighter, as established by the most recently adopted and effective wage and salary ordinance of the town. |
(D) In addition to the foregoing, the fire department is authorized and instructed to recover actual costs for materials and supplies expended or lost in consequence of the readiness or standby services provided at a given special event, describing with reasonable particularity the item expended, a unit cost if possible and a total cost.
(E) All fees lawfully charged under the provisions of this article shall be deposited with the clerk-treasurer who shall deposit the fees into the corporate general fund. These fees shall be available for appropriation for use by the fire department. [Ord. 1424 § 2, 2009. Code 2000 § 93.07].
Article III. Standards for Fire Hydrants
9.75.070 Scope.
This article shall be the minimum requirements and standards for installation of fire hydrants and water mains. [Code 1983 § 7-51; Code 2000 § 93.30].
9.75.080 General requirements.
(A) In residential districts:
(1) There shall be provided one fire hydrant for each 120,000 square feet of residential area or fraction thereof.
(2) A fire hydrant is required at each street intersection, except for unusual circumstances where unorthodox street arrangements could change this requirement. If such a situation is felt to exist, a request to waive this requirement at a specific street intersection may be forwarded to the chief of the fire department in written form only, stating the reasons a waiver is believed to be justified. The chief of the fire department shall answer such a request within 20 days following his receipt of the request and the answer shall be in written form. The fire chief’s judgment in this matter shall be final.
(3) The maximum distance between adjacent fire hydrants shall not exceed 600 feet, measured from any fire hydrant to the middle of the street, then along the middle of the street to a point directly in front of the adjacent fire hydrant and then to that hydrant.
(4) A fire hydrant is required at the closed end of each cul-de-sac or dead-end street.
(5) The minimum size water main that shall be used for connection or supply to a fire hydrant in a residential district shall be not less than six inches inside diameter. The maximum length of any six-inch water main shall not exceed 600 feet when completing a grid between larger water mains. The maximum length of any dead-end six-inch water main shall not exceed 300 feet. The maximum length of any eight-inch water main shall not exceed 8,000 feet when completing a grid between larger water mains. The maximum length of any dead-end eight-inch water main shall not exceed 2,000 feet.
(B) In mercantile and manufacturing districts:
(1) There shall be provided one fire hydrant for each 80,000 square feet of mercantile and/or manufacturing area or fraction thereof.
(2) A minimum of one fire hydrant is required at each intersection. In some high value or high risk situations, additional fire hydrants may be required by the fire department.
(3) The maximum distance between adjacent fire hydrants shall not exceed 500 feet, measured from any fire hydrant to the middle of the street, then along the middle of the street to a point directly in front of the adjacent fire hydrant and then to that hydrant.
(4) A fire hydrant is required at the closed end of each cul-de-sac or dead-end street.
(5) A separate fire hydrant is required within 250 feet of each fire department connection for an automatic sprinkler system, measured over the route a pumper would travel to reach the nearest hydrant.
(6) The minimum size pipe to be used for connection of a fire hydrant to a water main shall be not less than six inches inside diameter in a mercantile or industrial district.
The maximum length of any six-inch water main shall not exceed 100 feet. The maximum length of any eight-inch water main shall not exceed 600 feet. The maximum length of any 12-inch water main shall not exceed 3,200 feet when completing a grid between larger water mains. The maximum length of any dead-end 12-inch water main shall not exceed 800 feet. The maximum length of any 16-inch water main shall not exceed 12,000 feet when completing a grid between two larger mains. The maximum length of any dead-end 16-inch water main shall not exceed 3,000 feet. [Code 1983 § 7-52; Code 2000 § 93.31].
9.75.090 Specifications.
(A) Fire hydrants used within the town must meet the minimum standards of AWWA C502-64, entitled, “American Water Works Association Standard for Fire Hydrants for Ordinary Water Works Service,” incorporated herein by reference and made a part of this code, with two copies on file in the office of the clerk-treasurer and available for public inspection, pursuant to IC 36-1-5-4. Suppliers of fire hydrants to the town must submit with each shipment of fire hydrants a letter from the manufacturer that each hydrant in the shipment will meet these standards. Fire hydrants required in new subdivisions shall be furnished by the subdividers.
(B) Fire hydrants shall meet the following specifications:
(1) Direction of opening: left or counter-clockwise.
(2) Nozzle arrangement: two-and-one-half-inch hose nozzles, one four-and-one-half-inch pumper nozzle.
(3) Nozzle threads: national standard thread.
(4) Type of shut-off: compression type, opening against the flow of water.
(5) Valve size: minimum four-and-one-half-inch c.d. valve opening, provided the friction loss does not exceed five pounds per square inch measured between the hydrant inlet and the four-and-one-half-inch pumper nozzle as prescribed in paragraph 5.6 of AWWA Standard C502-64.
(6) Inlet connection size: minimum eight-inch inside diameter.
(7) Type of inlet connection: to be specified by the water department.
(8) Barrel sections: minimum of two.
(9) Barrel type: traffic safety or break flange type arranged to break away on impact with no damage to the hydrant shut-off or loss of water.
(10) Buoy depth: a minimum of five feet, to be specified by the town.
(11) Stem seal: the O-ring type.
(12) Color: painted yellow.
(13) A drain valve and outlet shall be provided.
(14) Operating and nozzle cap nuts shall conform to national standard, prescribing pentagon shape measuring one and one-half inches from point to flat.
(15) Means shall be provided at the top of the hydrant to provide lubrication to the operating nut and stem unless permanent type lubrication is provided. [Amended during 2012 recodification. Code 1983 § 7-53; Code 2000 § 93.32].
9.75.100 Installation.
(A) The height of the lowest nozzle shall be a minimum of 20 inches measured from the center of the lowest nozzle to the ground.
(B) The pumper nozzle shall face the street or area where a fire department pumper will most likely operate as judged by the fire chief.
(C) Fire hydrants shall not be installed close to trees, signs, ports or other obstructions that may impair the fire department’s use of the hydrant.
(D) Fire hydrants shall be installed no more than 15 feet and no less than one foot from the edge of the street or curb.
(E) A pit two to three feet below the hydrant shall be filled with no less than one cubic yard of coarse gravel or three-fourths-inch stone to a depth of six inches above the drain holes.
This drainage precaution may be waived if the hydrant is installed in a natural sand base extending no less than three feet below the bottom of the hydrant. Such a waiver may be requested from the water department, and it must be in written form.
(F) An auxiliary valve shall be installed between the fire hydrant and the water main for maintenance and control purposes. This valve shall be of the same inside diameter as the pipe and shall be placed a minimum distance of one foot and a maximum distance of 20 feet from the hydrant inlet.
(G) All fire hydrants shall be flow tested by the fire department before acceptance.
The minimum acceptable flow shall be 1,000 gallons per minute at a residual or flow pressure of no less than 20 pounds per square inch.
(H) The water department and fire department shall make a final inspection of each newly installed hydrant and make such tests and observations as are necessary to determine if the installation meets the minimum requirements described in this article. They both shall report to the town council with a recommendation to accept or reject the installation. The organization installing the fire hydrant will notify the town council, the fire chief, and the director of public works upon the completion of the installation. [Code 1983 § 7-54; Code 2000 § 93.33].