Article 13-1 . IN GENERAL

ARTICLE I. IN GENERAL

13-1 Fire Code adopted.

(a) There is hereby adopted by the city the Vermont Fire and Building Safety Code as currently adopted by the State of Vermont. Except as to the extent that any sections thereof have been either deleted or modified by the terms of the currently adopted Vermont Fire and Building Safety Code, the city also adopts the editions of the NFPA 1 Fire Prevention Code and NFPA 101 Life Safety Code currently adopted by the State of Vermont.

(b) In the event there is a conflict between the provisions of the code adopted by reference in this section and the other provisions of this Code or ordinances of the city, the other provisions of this Code or ordinances of the city shall prevail.

(Rev. Ords. 1962, § 2070; 1969 Cum. Supp., § 2070; Ord. of 6-11-84; Ord. of 1-11-93; Ord. of 8-14-95; Ord. of 10-16-00; Ord. of 4-17-06/5-17-06)

Cross reference—Building code adopted, § 8-2; electrical code adopted, § 12-1; gas codes adopted, §§ 15-1, 15-2; minimum housing standards, § 18-70 et seq.

State law reference—Authority of municipality to adopt codes by reference, 24 V.S.A. § 3101(c).

13-2 Placing rubbish and other waste within inner fire district prohibited.

No person shall place or cause to be placed within twenty (20) feet of any building in the inner fire district, as defined in Section 8-9, any rubbish, paper, shavings, waste, cartons or boxes, except in a container approved by the chief engineer of the fire department.

(Rev. Ords. 1962, § 2151)

Cross reference—Inner fire district defined, § 8-9; restrictions on construction within inner fire district, § 8-10; garbage and refuse generally, § 14-1 et seq.

13-3 Fires prohibited.

(a) No person shall build or attempt to build any type of fire, to any building, vehicle or structure, except within the standards adopted by section 13-1.

(b) No person shall build an outside fire, open or contained in an incinerator, fireplace or other receptacle, or permit the same to remain burning at any time in the city without obtaining a written permit from the chief of the fire department, a deputy chief or one (1) of the fire wardens of the city, except upon the terms and conditions of such permit.

(Rev. Ords. 1962, § 2152; Ord. of 6-1-76; Ord. of 10-26-09(1))

Cross reference—Emission of smoke or cinders into the air prohibited, § 21-17; fires prohibited in parks, § 22-10.

13-4 Carbon monoxide (CO) detectors.

(a) Each and every dwelling, rooming house, dwelling unit or rooming unit let to another for occupancy shall meet the following requirements for carbon monoxide (CO) detectors/alarms:

(1) Carbon monoxide detectors/alarms which are UL 2034 listed or approved by a nationally recognized independent testing laboratory shall be installed in all existing buildings in which people sleep, including where people rent accommodations whether for overnight or for a longer term, condominiums, multiple-unit dwellings, and other occupancies in which there are rooms or spaces in which sleeping is permitted. Such installation shall be in the vicinity of the sleeping areas and on every floor of the dwelling, installed in accordance with the manufacturer’s instructions and State law.

(2) All newly installed carbon monoxide detectors/alarms in one- and two-family dwellings, multiple-unit dwellings, lodging or rooming houses, hotels and dormitories, or other buildings in which people sleep, shall be directly wired to a nondedicated electrical branch circuit for the building and by battery. Carbon monoxide detectors currently installed in existing one- [and] two-family dwellings shall be permitted to be powered by any approved source until the end of their service life per the manufacturer’s specifications and requirements.

(b) In all existing buildings in which people sleep, including where people rent accommodations whether for overnight or for a longer term, condominiums, or multiple-unit dwelling, anyone installing smoke detectors pursuant to Section 18-99 after the effective date of this section shall install either a combination photoelectric smoke/carbon monoxide detector/alarm device or a combination system providing smoke and carbon monoxide detection and alarm. Such installation shall be in the vicinity of the sleeping areas and on every floor of the dwelling, installed in accordance with the manufacturer’s instructions and State law.

(c) The seller of a residential dwelling transferred by sale or exchange shall certify to the buyer that the dwelling is provided with the carbon monoxide detectors/alarms required in subsection (a) of this section. This certification shall be signed and dated by the seller and filed in the land records at the time of recording the transfer. If the buyer notifies the seller within ten (10) days by certified mail from the date of conveyance that the dwelling lacks a carbon monoxide detector/alarm or that the detector/alarm is not operable, the seller shall comply with this section within ten (10) days of notification.

(d) Where interconnected smoke detectors/alarms exist, the CO detectors/alarms shall be interconnected as well, such that a CO alarm will meet current audibility requirements as adopted in NFPA 72 for smoke alarms.

(e) If a smoke detector/alarm is disconnected or disabled, that fact shall create a rebuttable presumption that the adult occupants of the dwelling unit were responsible for the act of disconnecting or disabling the smoke alarm.

(f) No requirement of this section shall preclude the application of other more restrictive smoke alarm requirements which may pertain to the property, including, but not limited to, requested time of sale inspections pursuant to State law.

(Ord. of 9-19-05; Ord. of 10-26-09(1); Ord. of 6-25-18(1))

13-5 Smoke detectors.

(a) Each and every dwelling, lodging or rooming house, dwelling unit or rooming unit for occupancy, other than for a single-family owner occupied dwelling, shall meet the following requirements for smoke detectors/alarms:

(1) Smoke detectors/alarms shall be installed in the following areas:

a. In every sleeping room or area;

b. Outside every sleeping room or area in the immediate vicinity of the sleeping room or area; and

c. On all levels of the dwelling, dwelling unit, rooming house, or rooming unit, including basements but excluding crawl spaces and unfinished attics.

d. Notwithstanding the above installation locations, detectors/alarms shall not be located within kitchens or garages or in other spaces where temperatures can fall below forty (40) degrees F (four (4) degrees C) or exceed one hundred (100) degrees F (thirty-eight (38) degrees C). Detectors/alarms shall not, unless specifically listed for the application, be located closer than three (3) feet (0.9 m) horizontally from:

1. The door to a kitchen.

2. The door to a bathroom containing a tub or shower.

3. The supply registers of a forced air heating or cooling system, and outside of the airflow from those registers.

(2) Smoke detectors/alarms shall receive their operating power from the building electrical system but shall also receive power from a battery when the building electrical system power is interrupted.

(3) Smoke detectors/alarms within each dwelling unit or rooming unit shall be interconnected so that the sensing of smoke by one (1) detector/alarm sounds the alarms of all detectors/alarms within that dwelling unit or rooming unit.

(4) Smoke detectors/alarms shall be approved or listed by a nationally recognized testing or listing agency for the purposes for which they are intended and conform with the requirements of the Vermont Fire and Building Safety Code.

(5) Smoke detectors/alarms shall be properly installed and shall be maintained in good working condition.

(6) All newly installed smoke detectors/alarms shall be the photoelectric-only type.

(b) Single-family owner occupied dwellings shall comply with the smoke detector/alarm provisions of the Vermont Fire and Building Safety Code currently in effect.

(c) If a smoke detector/alarm is disconnected or disabled, that fact shall create a rebuttable presumption that the adult occupants of the dwelling unit were responsible for the act of disconnecting or disabling the smoke detector/alarm.

(d) No requirement of this section shall preclude the application of other more restrictive smoke detector/alarm requirements which may pertain to the property, including, but not limited to, requested time of sale inspection pursuant to State law.

(Ord. of 10-26-09(1); Ord. of 12-19-11; Ord. of 6-25-18(1))

Editor’s note—Prior to the reenactment of § 13-5 by an ordinance adopted Oct. 26, 2009, Ord. of 6-1-76 specifically amended the Code by repealing §§ 13-4, 13-5, which pertained to regulations for outside fires. Said sections had been derived from Rev. Ords. 1962, §§ 2153, 2154; 1969 Cum. Supp. § 2153; Ord. of 7-27-70, and Ord. of 9-9-74.

13-6 Obedience to orders at fire or other emergency required; only authorized persons to give orders.

(a) All firefighters and citizens shall be required to obey the orders and directions of the officers in command at a fire or other emergency and to render their services if ordered to do so.

(b) No person not a member of the fire department shall assume, without authority, control over any members of the department in respect to their duty.

(Rev. Ords. 1962, § 2001; Ord. of 10-26-09(1))

13-7 Disorderly conduct at fires or other emergencies.

No person, while present at any fire or other emergency, shall willfully or unnecessarily recklessly inhibit operations, make outcries or other loud noises, or be guilty of disorderly conduct, or promote or encourage disorderly conduct in others.

(Rev. Ords. 1962, § 2001; Ord. of 10-26-09(1))

Cross reference—Rude and disorderly conduct, § 21-15.

13-8 Equipment not to be taken outside city; exception.

No emergency equipment belonging to the fire department shall be taken from the city at any time, except for the purpose of having the same repaired; provided, however, that in case of a fire or other emergency in a neighboring town or city, the chief engineer with the consent of the mayor, or, in case he cannot be found, with the consent of one (1) of the fire commissioners or designee, may order not more than one-half (1/2) of the fire apparatus of the city, accompanied by not more than one-half (1/2) of the members of the fire department on duty, to be taken to the town or city for the purpose of assisting in extinguishing a fire or providing aid in an emergency.

(Rev. Ords. 1962, § 2002; Ord. of 10-26-09(1); Ord. of 6-25-18(1))

State law reference—Authority to permit forces and equipment to aid other municipality, 20 V.S.A. § 2961.

13-9 Entry in area near fire or other emergency restricted.

No person not a member of the fire department or police department shall, without the authority of an officer of one (1) of such departments, enter upon any part of a street, lane or alley roped off, barricaded or plainly designated by the officers of any of such departments in any way for the use of the fire department in extinguishing a fire or abating other emergencies. For the protection of persons attending a fire or other emergency, no person not a member of one (1) of such departments shall enter on foot or with any animal or vehicle upon a street adjacent to a fire or other emergency within the block where and while such fire or other emergency is in progress.

(Rev. Ords. 1962, § 2004; Ord. of 10-26-09(1))

Cross reference—Following fire apparatus prohibited, § 20-30; driving over fire hose prohibited, § 20-31.

13-10 Reward for information resulting in conviction of persons burning property.

The city council may offer a reward of not more than one thousand dollars ($1,000.00) for information which shall result in the detection and conviction of any person guilty of the malicious or felonious burning of property in the city.

(Rev. Ords. 1962, § 2006)

State law reference—Arson generally, 13 V.S.A. § 501 et seq.

13-11 Examination of hydrants, fireplugs; maintenance.

(a) The director of the department of public works shall examine the hydrants and fireplugs belonging to the city annually and keep them in working order at all times, except when shut off for repairs; and shall cause all defects therein to be repaired without delay.

(b) The director of the department of public works shall conduct NFPA compliant flow tests on the city hydrant system every three (3) years and provide a written copy of the test results to the fire department.

(c) The director of the department of public works shall ensure that all underground water pipes installed after November 25, 2009, are sized adequately to support a future fire sprinkler system in the occupancy to which they are attached.

(d) The director of the department of public works shall ensure that all water pipes are installed and maintained properly in accordance with state law and the adopted codes and standards.

(e) The director of the department of public works shall ensure that all newly installed pipes be flushed and provide the property owner and the fire department with a flush and test report following the installation of municipal water pipes.

(Rev. Ords. 1962, § 6037; Ord. of 10-26-09(1))

Cross reference—Fire hydrants and pipes not to be connected with other pipes, § 31-5.

13-12 Opening hydrant or fireplug.

No person shall open any hydrant or fireplug, or draw water therefrom, except the water commissioners or the superintendent of the city water department, or persons under their direction, or the officers of the fire department and members of the fire department under their direction for fire purposes.

(Rev. Ords. 1962, § 6014)

Cross reference—Water, Ch. 31.

13-13 Obstructions to fire protection systems, fire department connections or hydrants.

(a) No person shall tamper with or, by means of a vehicle, tree, landscaping, lumber, brick or building material of any kind, or other article of hindrance, obstruct the access to fire protection systems or hydrants connected with any water pipe within any street, alley or public place. Access to fire department connections or hydrants is defined as a six-foot circle around the device and a six-foot wide continuous path to the center of the public way, with the hydrant or fire protection system being the at center of this six-foot path.

(b) No person shall disable any fire protection system, fire department connection or fire hydrant.

(Rev. Ords. 1962, § 6013; Ord. of 10-26-09(1))

Cross reference—Water, Ch. 31.

13-14 False alarms prohibited; penalty.

No person shall give or cause to be given a false alarm of fire or other emergency. Notwithstanding the provisions of Section 13-20, any person who shall give or cause to be given a false alarm of fire or other emergency shall be guilty of a misdemeanor and upon a first conviction thereof shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by imprisonment for a term not to exceed one (1) year. Upon conviction of any succeeding violation of this section, such person shall be punished by a fine of not less than two hundred dollars ($200.00) or more than five hundred dollars ($500.00), or by imprisonment for a term not to exceed one (1) year.

(Rev. Ords. 1962, § 2155; Ord. of 11-1-71; Ord. of 1-13-72; Ord. of 10-26-09(1); Ord. of 6-25-18(1))

Cross reference—Alarm system, § 13-51 et seq.

13-15 Person reporting fire to give name and address.

A person giving an alarm of fire shall give his name and address to the chief engineer of the fire department, or to the person designated to receive such reports, who shall place the same on file in his office.

(Rev. Ords. 1962, § 2009)

13-16 Removal of fire/life safety hazard.

(a) The chief engineer or designee shall direct the owner or occupant of any building or premises to abate any unsafe condition, or move to a place of safety any unsafe or combustible materials which in his or her opinion shall expose the building or the surrounding or adjacent buildings or property to unnecessary hazard. The chief engineer or designee may also direct an owner or occupant to clear away from his building or premises debris or other materials resulting from fire, windstorm or other catastrophe within a reasonable time after the occurrence of such fire, storm or catastrophe.

(b) The chief engineer or designee may request the immediate assistance of any city inspector or engineer to aid in the abating or mitigating of any unsafe condition. These officials shall respond in an expeditious manner when called.

(Rev. Ords. 1962, § 2054; Ord. of 10-26-09(1); Ord. of 6-25-18(1))

13-17 Authority to order temporary discontinuance of use of heating device, furnace, oil burner, boiler, flue or chimney; inspections; appeals.

(a) The chief engineer, or designee may direct the owner or occupant of any building or premises in the city to discontinue, temporarily, the use of a heating device, furnace, oil burner, boiler, flue or chimney which said official shall deem unsafe to be used.

(b) When such order has been given, the building inspector and the inspector of plumbing shall be notified and they shall at once examine the premises in question and order the owner or user of such heating device, furnace, oil burner, boiler, flue or chimney to make such alterations or repairs of the same as the inspectors shall deem necessary for protection against fires, carbon monoxide, and other harmful gases. When the required alteration is made to the acceptance of the building inspector and inspector of plumbing, they shall permit the owner or user of the heating device, furnace, oil burner, boiler, flue or chimney to resume use of the same.

(c) Any person feeling aggrieved by the action of the inspector in determining whether an alteration or repair should be made, may appeal in writing to the board of public works commissioners, who may make such order concerning the premises to the inspectors as the board shall deem wise; but pending such an appeal the owner or user of said heating device, furnace, oil burner, boiler, flue or chimney shall not resume the use of the same.

(Rev. Ords. 1962, § 2055; Ord. of 10-26-09(1))

13-18 Performance of work by official.

If any person shall neglect or refuse to comply with or obey a lawful order of the chief engineer, or designee, such official may, in their discretion, do the work required by such order or cause the same to be done. The expense therefore with full costs may be recovered from the person so neglecting or refusing, in a suit brought in the name of the city against such person for labor performed and materials furnished. All expenses, fees, costs or charges assessed pursuant to this section shall also be a tax lien upon the real estate pursuant to 32 VSA section 5061 so long as the lien is recorded in the office where the land records are kept but after said official shall commence the work required by said order, such person shall not be liable to the additional penalty provided in section 13-20.

(Rev. Ords. 1962, § 2059; Ord. of 10-26-09(1))

13-19 Enforcement of chapter.

It shall be the duty of all members of the fire department and the police department to see that the provisions of this chapter are duly observed and that all violations of the same are promptly reported.

(Rev. Ords. 1962, § 2011)

13-20 Penalties.

(a) Civil offense. Any violation of any of the provisions of the fire code adopted in Section 13-1, or any of the provisions of this chapter not specified in subsection (b) or (c) of this section, shall be punishable as a civil offense and subject to a civil penalty of two hundred fifty dollars ($250.00), with a waiver penalty of one hundred twenty-five dollars ($125.00). Each day that any violation continues shall be deemed a separate offense. The chief engineer, any chief officer, fire marshal, assistant fire marshal, fire warden, or any law enforcement officer may issue a municipal complaint for a violation of this chapter.

(b) Criminal offense. The following violations shall be misdemeanors punishable by a fine of five hundred dollars ($500.00):

(1) Willful and malicious violations of Section 13-3(a);

(2) Failing to correct any violation of the adopted fire code ordered to be corrected;

(3) Committing the same offense within a twelve (12) month period;

(4) Any violation which poses a threat to life safety or prevents access or use of a building or premises. A threat to life safety includes but is not limited to: obstructing or tampering with the fire protection systems or life safety features of any building or outdoor assembly of persons;

(5) Willfully failing to maintain a fire protection system;

(6) Harassing or interfering with any member of the fire department in the performance of their duties;

(7) Violations of Sections 13-56 and 13-57; the person responsible shall also be liable for the cost of repairs or replacement of damaged property and shall be responsible for the cost to the city from the response to the alarm.

Each day that any violation continues shall be deemed a separate offense. In addition to the fine, the court shall order, as part of sentence, abatement of the conditions or infractions giving rise to the violation(s) of the Code.

(c) Serious criminal offense. The following violations shall be misdemeanors punishable by a fine of five hundred dollars ($500.00) and imprisonment for up to one (1) year:

(1) Willful and malicious violations of Section 13-3(a) where the building, structure, or vehicle is occupied;

(2) Any violation of the adopted fire code or ordinances which causes injury to other person(s);

(3) Willfully or recklessly posing a serious threat to life safety. A serious threat to life safety includes but is not limited to: causing a nonpermitted smoke condition or noxious odor in a public building, blocked means of egress, overcrowding, starting a fire in or near an outdoor assembly of persons, illegal use of pyrotechnics or explosives, disabling the fire protection systems or life safety features of any building or outdoor assembly of persons;

(4) Violations of Section 13-6, 13-7, or 13-13(b);

(5) Physically assaults any fire official.

(d) All expenses, fees, costs or charges assessed pursuant to this section shall also be a tax lien upon the real estate pursuant to 32 V.S.A. § 5061 so long as the lien is recorded in the office where the land records are kept.

(Rev. Ords. 1962, § 2058; Ord. of 6-11-84; Ord. of 6-17-89; Ord. of 1-9-95; Ord. of 8-14-95; Ord. of 10-16-00; Ord. of 10-26-09(1); Ord. of 6-25-18(1))

13-21 Suspension/revocation of permits and stop work orders.

The fire marshal’s office may suspend permits, issue a stop work order and/or order a property vacated where a threat to public safety or other exigent circumstance exists. Such permits may be revoked and future permits denied when a person, firm or corporation is convicted of multiple violations of the fire code, ordinances, or otherwise demonstrates a pattern of incompetence. The failure to stop work when so ordered shall be a violation punishable pursuant to Section 13-20(c).

(Ord. of 10-26-09(1); Ord. of 6-25-18(1))

13-22 Inspections.

(a) General fire inspections. General fire inspections of public buildings shall be conducted at regular intervals by any person duly authorized by the chief engineer.

(b) Violation notices. Upon finding any violation, a written notice will be provided to the property or business owner or their designee, and a reasonable amount of time shall be provided for the violations to be corrected. Nothing in this section shall preclude the authority having jurisdiction from issuing civil municipal complaints, seeking criminal charges, or initiating other legal actions as allowed under other sections of this chapter.

(c) Reinspection fees. There is no charge for the initial inspection or the first reinspection. If the owner fails to correct the violations in the time allotted in the notice, the owner shall be responsible for a reinspection fee of seventy-five dollars ($75.00) for the second and any subsequent reinspections, due and payable at the beginning of the second or subsequent reinspection. Until all fees are paid, the violations shall not be considered abated, and are subject to further penalties or legal action. Failure to pay the reinspection fees in the time required is a violation punishable under Section 13-20(a).