CHAPTER 93
FIRE PREVENTION
Section
General Provisions
93.01 Accumulations of combustible materials prohibited
Fireworks
93.21 Discharge prohibited; exceptions
93.23 Liability for fire and other damage
Open Burning and Outdoor Burning
93.31 General prohibition on open burning, outdoor burning, and refuse burning
93.35 Recreational campfires and patio wood-burning units
93.38 Right of entry and inspection
Cross-reference:
Burning any substance on street or paved area prohibited, see § 95.01
GENERAL PROVISIONS
93.01 ACCUMULATIONS OF COMBUSTIBLE MATERIALS PROHIBITED.
No person owning, controlling or occupying any mill, elevator, shop, warehouse, other building or vacant lot shall permit any accumulations of trash, combustible material, rags or similar materials in or about such premises or lots or fail to remove the accumulation within 24 hours after being notified by the Fire Chief, or refuse to permit the Fire Chief to enter in the performance of his duty.
(’73 Code, § 10-1) (Ord. 50, passed - - ) Penalty, see § 10.99
FIREWORKS
Prior legislation:
Ord. 169
93.20 DEFINITIONS.
The terms CONSUMER FIREWORK, SPECIAL FIREWORK, and FIREWORKS shall be defined as provided by I.C. 22-11-14-1, as amended.
(Ord. 07-2013, passed 9-23-13)
93.21 DISCHARGE PROHIBITED; EXCEPTIONS.
(A) Within the City of Rensselaer, Indiana, it is unlawful for any person to ignite, release, discharge, use or cause to be discharged any consumer fireworks within city limits of Rensselaer, Indiana.
(B) Further, it is unlawful for any person to allow another to ignite, release, discharge, use or cause to be discharged, any consumer fireworks on property owned or leased by them within the city limits of Rensselaer, Indiana.
(C) Notwithstanding the preceding prohibition, consumer fireworks and/or special fireworks shall be allowed as follows:
(1) Public displays where a permit is granted pursuant to I.C. 22-11-14-2 or 22-11-14-3.5 and such displays occur on the days and times provided in division (C)(2) of this section;
(2) Consistent with I.C. 22-11-14-10.5(c)(3), as amended:
(a) Between the hours of 5:00 p.m. and two hours after sunset on June 29, June 30, July 1, July 2, July 3, July 5, July 6, July 7, July 8, and July 9;
(b) Between the hours of 10:00 a.m. and 12:00 midnight on July 4; and
(c) Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1.
In the event that I.C. 22-11-14-10.5(c)(3) is amended to either expand or limit the number of days and/or hours that a municipality cannot limit the use of consumer fireworks, such change shall be incorporated by reference without need to amend this subchapter.
(D) Special exceptions. Consumer fireworks and/or special fireworks may be allowed on other dates and times as may be permitted by the City of Rensselaer Board of Works. Requests for permission to discharge, use, or ignite fireworks on days other than those provided in this section shall be made in writing to the City of Rensselaer Board of Works. Requests shall be accompanied by a fee of $25 payable to the Rensselaer City Police Department.
(Ord. 07-2013, passed 9-23-13)
93.22 PARENTAL RESPONSIBILITY.
It shall be unlawful for any person under the age of 18 (“minor”) to ignite, release, discharge, use or cause to be used any consumer fireworks, special fireworks, or banned fireworks within the city limits of Rensselaer, Indiana, without the direct supervision of the minor’s parent, guardian, or other adult person having the care, custody, and control of the minor child.
(Ord. 07-2013, passed 9-23-13)
93.23 LIABILITY FOR FIRE AND OTHER DAMAGE.
Any person shall be liable for damage to person or property caused by the use of consumer fireworks, special fireworks, or banned fireworks, and shall also be liable for costs of fire service by a responding fire department or other emergency services necessitated by the use or discharge of fireworks.
(Ord. 07-2013, passed 9-23-13)
93.24 PENALTIES.
Any person convicted of violating any provision under this subchapter shall be subject to a fine in the amount of $25 for the first occurrence, $50 for the second occurrence, and $100 for the third occurrence and each occurrence thereafter.
An action to abate such nuisance or otherwise seek legal compliance with this subchapter may be brought as provided under Indiana law. All legal costs, including attorney fees, shall be added to any judgment award obtained by the City of Rensselaer.
(Ord. 07-2013, passed 9-23-13)
OPEN BURNING AND OUTDOOR BURNING
93.30 PURPOSE.
This subchapter is intended to promote the public health, safety and welfare and to safeguard the health, comfort and living conditions of the city due to the air pollution and fire hazards of open burning and outdoor burning.
(Ord. 16-2009, passed 8-10-09)
93.31 GENERAL PROHIBITION ON OPEN BURNING, OUTDOOR BURNING, AND REFUSE BURNING.
Open burning, outdoor burning and refuse burning are prohibited in the city with the following exceptions.
(A) A permit shall be required for any burning that is not listed in this subchapter – see § 93.36.
(B) This subchapter does not apply to grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances.
(C) This subchapter does not apply to burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation (Reference Minimum Housing Standards).
(D) This subchapter does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
(E) This subchapter does not apply to fire training drills of the Volunteer Fire Department.
(F) This subchapter does not apply to agricultural burning – permit required – see § 93.34.
(G) This subchapter does not apply to outdoor campfires for recreational burning or patio wood burning units if conducted in accordance with the other applicable provisions of this subchapter.
(Ord. 16-2009, passed 8-10-09)
93.32 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGRICULTURAL BURNING. The practice of using fire to reduce or dispose of vegetative debris from an agricultural activity. Some common practices include: field burning large areas of crop residue after harvest to reduce excess plant material, to control crop diseases, weeds, or pests, or to maintain crop yields; disposing of piles of agricultural debris, clearing vegetation out of irrigation ditches and canals.
CAMPFIRE. A small outdoor fire (no larger than 3’x3’x3’) intended for recreation or cooking only.
CLEAN WOOD. Natural wood which has not been painted, varnished or coated with a similar material; has not been pressure treated with preservatives; and does not contain resins or glues as in plywood or other composite wood products.
CONSTRUCTION AND DEMOLITION WASTE. Building waste materials, including but not limited to waste shingles, insulation, lumber, treated wood, painted wood, wiring, plastics, packaging, and rubble that results from construction, remodeling, repair, and demolition operations on a house, commercial or industrial building, or other structure.
FIRE CHIEF. The Chief of the Volunteer Fire Department or other person designated by the Fire Chief.
GOVERNMENTAL UNITS. Any city, county, state or federal entity.
MUNICIPALITY. Refers to the City of Rensselaer.
OPEN BURNING. Kindling or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or a chimney. This includes burning in a burn barrel.
OUTDOOR BURNING. Open burning or burning in an outdoor wood-fired boiler or patio wood burning unit.
OUTDOOR WOOD-FIRED BOILER. A wood-fired boiler, stove or furnace that is not located within a building intended for habitation by humans or domestic animals. (Must meet minimum housing standards)
PATIO WOOD-BURNING UNIT. A chimnea, patio warmer, or other portable wood-burning device used for outdoor recreation.
REFUSE. Any waste material including brush, stumps, leaves, grass clippings, and other vegetative matter.
(Ord. 16-2009, passed 8-10-09)
93.33 BURNING REGULATIONS.
(A) No materials may be burned upon any street, alley, curb, gutter or sidewalk.
(B) All burning shall be constantly attended and supervised by a competent person of at least 18 years of age until the fire is extinguished and is cold. The person shall have readily available for use such fire extinguishing equipment as may be necessary for the total control of the fire.
(C) Open burning may not be conducted on days when governmental units have declared an air quality action day applicable to the city.
(D) Except for barbecue, gas, and charcoal grills, no open burning shall be undertaken during periods when governmental units have issued a burning ban applicable to the area.
(E) Open burning shall only be conducted at a location at least 25 feet from the nearest building which is not on the same property for small campfires and 25 feet from the nearest building which is not on the same property for all other fires.
(F) Except for barbecue, gas, and charcoal grills, no burning shall be undertaken within 25 feet from any combustible material, combustible wall or partition, exterior window opening, exit access or exit unless authorized by the Fire Chief.
(Ord. 16-2009, passed 8-10-09) Penalty, see § 93.99
93.34 AGRICULTURAL BURNING.
Open burning of weeds, brush, and crop stubble on agricultural lands is allowed with prior authorization and upon issuance of a permit from the Fire Chief.
(A) Shall be conducted in a safe, nuisance-free manner, when wind and weather conditions minimize adverse effects and do not create a health hazard or a visibility hazard on roadways, railroads or airfields and conducted in conformance with all local and state fire protection regulations.
(B) Agricultural burning shall only be conducted between the hours of 8:00 a.m. and 8:00 p.m.
(Ord. 16-2009, passed 8-10-09) Penalty, see § 93.99
93.35 RECREATIONAL CAMPFIRES AND PATIO WOOD-BURNING UNITS.
Outdoor campfires for recreational burning and patio wood-burning units may be installed and used in the city only in accordance with all of the following provisions:
(A) A campfire or patio wood-burning unit shall not be used to burn refuse.
(B) A campfire or patio wood-burning unit shall burn only clean wood.
(C) A campfire or patio wood-burning unit shall be located at least 25 feet from the nearest structure which is not on the same property as the campfire or patio wood burning unit.
(D) A campfire or patio wood-burning unit shall not cause a nuisance to neighbors.
(E) A campfire larger than 3’x3’x3’ will require issuance of a permit from the Fire Chief (i.e. bon fires for a school pep rally).
(Ord. 16-2009, passed 8-10-09) Penalty, see § 93.99
93.36 BURNING PERMITS.
(A) No person shall start or maintain any open burning covered under this subchapter without a burning permit approved by the Fire Department Fire Chief.
(B) An outdoor campfire does not require a permit provided that the fire complies with all other applicable provisions of this subchapter.
(C) When weather conditions warrant, the Fire Chief may temporarily suspend issuing burning permits and may temporarily suspend previously issued burning permits for open burning.
(D) A burning permit issued under this section shall require compliance with all applicable provisions of this subchapter and any additional special restrictions deemed necessary to protect public health and safety.
(E) Any violation of the conditions of a burning permit shall be deemed a violation of this subchapter. Any violation of this subchapter or the burning permit shall void the permit.
(F) Permit applications are available at the Police Department or online at www.cityofrensselaerin.com.
(G) Permit applications must be approved two working days prior to burning by the Fire Chief.
(Ord. 16-2009, passed 8-10-09)
93.37 LIABILITY.
A person utilizing or maintaining an outdoor fire shall be responsible for all fire suppression costs, fines, legal fees, court costs and any other liability resulting from damage caused by the fire.
(Ord. 16-2009, passed 8-10-09)
93.38 RIGHT OF ENTRY AND INSPECTION.
The Fire Chief or any authorized officer, agent, employee or representative of the city who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this subchapter.
(Ord. 16-2009, passed 8-10-09)
93.39 ENFORCEMENT.
The Fire Chief and/or Police Department are authorized to enforce the provision of this subchapter.
(Ord. 16-2009, passed 8-10-09)
93.99 PENALTY.
(A) Any person, firm, association, partnership, corporation, or governmental entity who violates any of the provisions of this subchapter or fails to comply with a duly authorized order issued pursuant to this subchapter shall be deemed to be responsible for a municipal civil infraction as defined, which shall be punishable by civil fine determined in accordance with the following schedule:
|
|
FINE |
|---|---|
|
1st Offense |
$50.00 |
|
2nd Offense |
$100.00 |
|
3rd Offense |
$150.00 |
|
4th Offense |
$250.00 |
(B) If the violator admits to the violation, the fine may be paid through the Ordinance Violation Bureau as established by Ordinance 12-2008 and as amended from time to time. All fines collected through the Ordinance Violation Bureau as a result of enforcement of this subchapter shall be placed in the Fire Department Fund to defray the cost of maintaining fire gear and equipment.
(C) In the event that the violator contests the violation, the violator is entitled to a trial on the matter in the manner provided for by law.
(D) Notwithstanding the provisions of division (A) above, if the violator elects to go to trial, the violator may be fined up to $2,500 for the first violation and up to $7,500 for subsequent violations; the fine to include costs of collecting, which may include all expenses, direct and indirect, which the city has incurred in connection with the investigation, processing, and prosecution of the municipal ordinance violation including attorney’s fees. In addition, the city shall have the right to proceed in any court or competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate remedy to compel compliance with this subchapter. Each day that a violation of this subchapter exists shall constitute a separate violation of this subchapter.
(Ord. 16-2009, passed 8-10-09)