Village of Spalding Ordinance Chapter 8
Table of Contents
CHAPTER 8 – FIRE REGULATIONS
Article 1 – Fire Department and Rescue Squad
SECTION 8-101: OPERATION AND FUNDING; AGREEMENT WITH RURAL FIRE DISTRICT
A. The Village operates the Fire Department and Rescue Squad through the fire chief and firefighters. The fire chief shall manage the Fire Department.
B. The Village Board may levy a tax annually as provided in state law upon the taxable value of all the taxable property within the Village for the maintenance and benefit of the volunteer Fire Department. The amount of such tax shall be established at the beginning of the year and shall be included in the adopted budget statement. Upon collection of such tax, the village treasurer shall disburse the same upon the order of the fire chief with the approval of the Village Board.
C. The Fire Department is authorized to enter into an agreement with the appropriate Rural Fire District for the mutual aid and protection of the residents of both the Village and the Rural Fire District. Such an agreement shall provide for mutual aid, protection and a sharing of necessary expenses between the Village and the Rural Fire District. The agreement so entered into shall be on file in the office of the village clerk for public inspection during office hours.
(Neb. Rev. Stat. §§17-718, 35-501, 35-530)
SECTION 8-102: DUTIES OF DEPARTMENT
It shall be the duty of the Fire Department to use all proper means for the extinguishment of fires, to protect property within the Village, and to secure the observance of all ordinances, laws, and other rules and regulations with respect to fires and fire prevention.
SECTION 8-103: RESCUE SQUAD
The Fire Department may also operate a rescue unit for the benefit of those within the Fire Protection District. They shall make rules and regulations for the proper and effective use of emergency rescue equipment and for the adequate training of personnel to operate such equipment, subject to the review of the Village Board. It shall be the duty of the official in charge of the Rescue Squad during the time of a rescue call to ensure that every victim of mishap is aided or aided and transported to the emergency room of the nearest hospital. When available, rescue personnel shall respond to all fire calls. (Neb. Rev. Stat. §35-514.02)
SECTION 8-104: FIRE CHIEF
A. The fire chief shall be elected by the members of the Fire Department. He shall manage the Fire Department and it shall be his duty to inform the Village Board when any of the fire engines, hose, ladders, or other apparatus needs repair. Upon the written consent and directive of the board, the fire chief shall cause the repair, improvement, or maintenance of the said equipment and shall personally supervise and approve of the same. It shall be the duty of the fire chief to come before the Village Board at the regular meeting in January each year to give a report of the general condition and the proposed additions or improvements recommended by him.
B. The fire chief shall, on the first day of April and October each year, file with the village clerk a certified copy of the rolls of all members in good standing in their respective companies in order to obtain the exemptions provided by law.
C. The chief shall enforce all laws and ordinances covering the prevention of fires, the storage and use of explosives and flammable substances, the installation of fire alarm systems, the regulation of fire escapes, and the inspection of all premises requiring adequate fire escapes. The fire chief shall have the right to enter at all reasonable hours into buildings and upon all premises within his jurisdiction for the purpose of examining the same for fire hazards and related dangers. The chief shall investigate the cause, origin, and circumstances of any fire arising within his jurisdiction.
(Neb. Rev. Stat. §§17-505, 35-102, 81-506, 81-512)
SECTION 8-105: MEMBERSHIP
A. The Fire Department shall consist of so many members as may be decided by the Village Board. The members may organize themselves in any way they may decide, subject to the review of the board. Members of the Fire Department may hold meetings and engage in social activities with the approval of the Village Board. The secretary shall, upon request, keep a record of all meetings and shall make a report to the board of all meetings and activities of the Fire Department.
B. The volunteer Fire Department shall not have upon its rolls at one time more than 35 persons for each engine company in the Fire Department. Members in good standing are those who keep their dues promptly paid up and are present and render active service when called out for the legitimate purposes of the Fire Department.
C. Volunteer firefighters of the Fire Department shall be deemed employees of the Village while in the performance of their duties as members of the department. Members of the volunteer Fire Department, before they are entitled to benefits under the Nebraska Workers’ Compensation Act, shall be recommended by the fire chief or some person authorized to act for the chief for membership therein to the chairman and Village Board, and upon confirmation shall be deemed employees of the Village. After confirmation to membership, members of the department may be removed by a majority vote of the board and thereafter shall not be considered employees of the Village. Firefighters shall be considered as acting in the performance and within the course and scope of their employment when performing activities outside of the corporate limits of the Village but only if directed to do so by the fire chief or some person authorized to act for the chief.
D. The Village Board shall purchase and maintain in force a policy of group term life insurance to age 65 covering the lives of all of the active volunteer fire and rescue personnel, except that when any such person serves more than one village or rural fire protection district, the policy shall be purchased only by the first village or district which he or she serves. The policy shall provide a minimum death benefit of $10,000.00 for death from any cause and shall, at the option of the insured, be convertible to a permanent form of life insurance at age 65. The coverage of such policy shall terminate as to any individual who ceases to be an active volunteer member of the department.
E. The Village Board may compensate or reimburse any member of the Fire Department for expenses incurred in carrying out his or her duties in an amount set by resolution.
F. All members of the Fire Department shall be subject to such rules and regulations and shall perform such duties as may be prescribed or required of them by the fire chief or the Village Board. The members of the department shall, during the time of a fire or great public danger, have and exercise the powers and duties of police officers and shall have full power and authority to arrest all persons guilty of any violation of the village code or the laws of the state.
(Neb. Rev. Stat. §§33-139.01, 35-101 through 35-103, 35-108, 48-115)
SECTION 8-106: EQUIPMENT
A. It shall be unlawful for any person except the fire chief and the members of the Fire Department to molest, destroy, handle, or in any other way to interfere with the use and storage of any of the fire trucks and other apparatus belonging to the village.
B. Fire equipment may not be removed from the Fire Department without prior approval of department personnel. Village employees shall not be involved in the fire or rescue actions other than as firemen or Rescue Squad members. Maintenance of the Fire Department building is the responsibility of the Village Board. The temperature control of the building shall be administered to ensure that oxygen and other equipment of the Rescue Squad and other department companies are maintained at safe operating and administration temperatures.
(Neb. Rev. Stat. §28-519)
SECTION 8-107: COMMUNICATIONS EQUIPMENT
No unauthorized person shall operate any radio or communications equipment of the Fire Department. All persons authorized to operate said equipment shall do so only as authorized by the license granted to that particular piece of equipment and shall strictly comply with all of the rules and regulations established.
Article 2 – Fires
SECTION 8-201: PRESERVATION OF PROPERTY
Any official of the Fire Department shall have the power during the time of a fire to cause the removal of any private or public property whenever it shall become necessary to do so for the preservation of such property from fire, to prevent the spreading of fire, or to protect adjoining property. The said officials may direct the firemen to remove any building, structure, or fence for the purpose of checking the progress of any fire.
SECTION 8-202: TRAFFIC
The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than 500 feet or drive into or park such vehicle within the block where fire apparatus have stopped in answer to a fire alarm. Nothing herein shall be construed to apply to vehicles carrying emergency or medical personnel. (Neb. Rev. Stat. §60-6,183)
SECTION 8-203: PEDESTRIANS
It shall be unlawful for any pedestrian to enter or remain in any street after a fire alarm has sounded until the fire trucks have completely passed. (Neb. Rev. Stat. §28-908
SECTION 8-204: DRIVING OVER HOSE
It shall be unlawful for any person, without the consent of the fire chief or assistant fire chief, to drive any vehicle over unprotected hose of the Fire Department. (Neb. Rev. Stat. §60-6,184)
SECTION 8-205: FALSE ALARM
It shall be unlawful for any person to raise any false alarm of fire intentionally and without good and reasonable cause. (Neb. Rev. Stat. §§28-907, 35-520)
SECTION 8-206: INTERFERENCE
It shall be unlawful for any person or persons to hinder or obstruct the fire chief or the members of the Fire Department in the performance of their duties. A person commits the offense of interfering with a fireman if at any time and place where any fireman is discharging or attempting to discharge any official duties he or she willfully:
A. Resists or interferes with the lawful efforts of any fireman in the discharge or attempt to discharge an official duty; or
B. Disobeys the lawful orders given by any fireman while performing his duties; or
C. Engages in any disorderly conduct which delays or prevents a fire from being extinguished within a reasonable time; or
D. Forbids or prevents others from assisting or extinguishing a fire or exhorts another person, as to whom he has no legal right or obligation to protect or control, not to assist in extinguishing a fire.
(Neb. Rev. Stat. §28-908)
Article 3 – Fire Prevention
SECTION 8-301: FIRE CODE; ADOPTED BY REFERENCE
The most recent edition of the Fire Code, as published by the National Fire Protection Association and recommended by the American Insurance Association, along with all subsequent amendments, is hereby adopted by reference as part of this chapter. In the event that any of the provisions of said code are in conflict with any of the provisions of the municipal code, the provisions of the municipal code shall prevail. (Neb. Rev. Stat. §§18-132, 19-922, 81-502)
SECTION 8-302: LIFE SAFETY CODE; ADOPTED BY REFERENCE
Incorporated by reference into this municipal code are the standards recommended by the National Fire Protection Association known as the Life Safety Code, most recent edition and all subsequent amendments. This code shall have the same force and effect as if set out verbatim herein. (Neb. Rev. Stat. §§18-132, 81-502)
SECTION 8-303: CODE ENFORCEMENT
It shall be the duty of all village officials to enforce the incorporated fire code provisions as provided in Sections 8-301 and 8-302, and all infractions shall be immediately brought to the attention of the fire chief.
SECTION 8-304: FIRES REGULATED
A. Any person desiring to burn any substance, except as described in subsection (B) herein, shall contain it in a fireproof trash burner or incinerator with a metal fireproof screen of not more than 1 inch mesh, located at least 15 feet from any building. The incinerator shall be built in such a way that it does not permit the escape of burning paper or other substance. The fire chief shall approve any such burner or incinerator before use. If any person shall require a fire in the course of his or her trade as a blacksmith or mechanic, such fire shall be built and maintained in the manner prescribed by the fire chief. All fires shall be built after sunrise and completely extinguished by sunset, except the aforesaid fires used in the course of a trade, which shall be allowed during such hours as the fire chief shall prescribe.
B. It shall be unlawful for any person to set fire to, burn, or cause to be burned any garbage, animal matter, or vegetable matter including straw, hay, leaves and brush.
(Neb. Rev. Stat. §§17-549, 17-556)
SECTION 8-305: OPEN BURNING BAN; WAIVER; PERMIT
A. There shall be a statewide open burning ban on all bonfires, outdoor rubbish fires, and fires for the purpose of clearing land.
B. The fire chief may waive an open burning ban under subsection (A) of this section for an area under the Fire Department’s jurisdiction by issuing an open burning permit to a person requesting permission to conduct open burning. Said person shall make application on a form provided by the state fire marshal. The permit shall be signed by the fire chief. He or she may adopt standards listing the conditions acceptable for issuing a permit to conduct open burning under this section.
C. The fire chief may waive an open burning ban under the local Fire Department’s jurisdiction when conditions are acceptable to the chief. Anyone intending to burn in such jurisdiction when the open burning ban has been waived shall notify the fire chief beforehand of his or her intention to burn.
D. The Fire Department may set and charge a fee not exceeding $10.00 for each such permit issued. Such fees shall be remitted to the Village Board for inclusion in the general funds allocated to the Fire Department. Such funds shall not reduce the tax requirements for the Fire Department. No such fee shall be collected from any state or political subdivision to which such a permit is issued to conduct open burning under subsection (B) of this section in the course of such state’s or political subdivision’s official duties.
(Neb. Rev. Stat. §81-520.01)
SECTION 8-306: OUTDOOR FIRE PITS AND FIREPLACES
A. The following definitions shall apply in this section:
- “Outdoor fireplaces” shall include fire pits, portable fire pits, and chimineas. These residential outdoor fireplaces use wood as a fuel and are used for containing recreational fires located at a private residence for the purpose of outdoor cooking and personal enjoyment. Outdoor fireplaces do not include barbeque grills that use propane or charcoal as a fuel and are used primarily for outdoor cooking.
- “Portable fire pits” are defined as being commercially designed and intended to confine and control outdoor wood fires.
- “Chimineas” are defined as outdoor patio fireplaces, usually made from clay, intended to confine and control outdoor wood fires.
- “Fire pits” are usually constructed of steel, concrete and/or stone, constructed above ground with a steel screen cover.
B. All outdoor fireplaces shall meet the following requirements:
- Clearances. A minimum 10-foot clearance shall be maintained between the outdoor fireplace and combustible structure or materials such as walls, roofs, fences, decks, wood piles, and other combustible material.
- Construction. Outdoor fireplaces shall be constructed of concrete or approved non-combustible materials. Not permitted are barrels, half-barrels, drums, or similarly constructed devices.
- Size. The fuel area for a fire pit shall not be larger than 3 feet in diameter and not more than 3 feet in height.
- Location. An outdoor fireplace shall be placed on a stable non-combustible surface such as a concrete pad and only at grade level and shall not be located on a combustible balcony or deck nor under any combustible balcony or any overhanging portion of a structure.
- Type of Materials Being Burnt. Materials allowed by this section shall be limited to untreated wood or approved fireplace starter logs. Petroleum products, rubbish, grass, leaves, cardboard, plastics, rubber, or any material that may flow out of the containment or cause excessive heat, smoke, or offensive smell shall not be permitted.
- Amount of Materials Being Burnt. Users must (a) limit the amount of material being burnt to ensure the flames are confined inside the fuel area of the outdoor fireplace and the flames do not extend above the pit or into the chimney and (b) follow the manufacturer’s recommendation on the maximum amount of fuel to be used at one time with the spark guard in place.
- Supervision. Every outdoor fireplace shall be under constant supervision by at least one responsible person age 18 or older from the ignition of the fire until the fire is completely extinguished and embers are cooled so as to prohibit the fire from rekindling.
- Provisions for Protection. A garden hose connected to a water supply or other approved fire extinguishing equipment shall be readily available for use.
- Weather Conditions. Outdoor fireplaces shall not be operated when wea-ther conditions are extremely dry.
- Hazard. Outdoor fireplaces shall be completely extinguished and/or not be operated when breezes or winds are blowing which will cause smoke, embers, or other burning materials to be carried toward any building or other combustible materials. The fire chief or an authorized representative shall have the authority to require that use of the outdoor fireplace be immediately discontinued if such use is determined to constitute a hazardous condition to occupants of surrounding property.
- Nuisance to Neighbors. Smoke from any outdoor fireplace shall not create a nuisance for neighboring property owners. The fire shall be extinguished immediately upon the complaint of any neighboring property owner of any smoke nuisance.
- Maintenance. The owner is responsible to ensure proper maintenance and care is accomplished in accordance with manufacturer’s instructions. At a minimum, the outdoor fireplace will be checked regularly for the appearance of cracks and other physical deterioration or loose parts.
(Neb. Rev. Stat. §§17-549, 17-556, 81-520.01)
SECTION 8-307: INSPECTIONS; VIOLATION NOTICE
A. The fire chief or his or her agent may, at any reasonable hour, enter into all buildings and upon all premises within his or her jurisdiction for the purposes of examination to ascertain whether any conditions are likely to create a fire hazard. The inspection shall be of the storage, sale, and use of flammable liquids, combustibles, and explosives; electric wiring and heating; and the means and adequacy of exits in case of fire in schools, churches, hotels, halls, theaters, factories, hospitals, and all other buildings in which numbers of persons congregate from time to time for any purpose, whether publicly or privately owned; the design, construction, location, installation, and operation of equipment for storing, handling, and utilizing of liquefied petroleum gases, specifying the odorization of said gases and the degree thereof; and chemicals, prozylin plastics, nitrocellulose films, or any other hazardous material that may now or hereafter exist.
B. It shall be the duty of the owner, lessee, or occupant of any building or structure that was lawfully inspected as herein prescribed and who receives written or verbal notice of a violation of any of the provisions of the village ordinances to correct such condition within five days from the receipt of such notice.
(Neb. Rev. Stat. §§81-503.01, 81-512)
Article 4 – Hazardous Materials
SECTION 8-401: EXPLOSIVES; STORAGE; REGISTRATION
A. Any person, firm, or corporation storing or keeping dynamite, gunpowder, nitroglycerine, or other high explosives within the Village for any period of time shall register such information with the village clerk 24 hours prior to such explosives being brought into the Village. The clerk shall forward such information to the fire chief and to the Village Board. Transfer of explosives to another individual within the Village shall require the recipient to register the transfer and the new location of the explosives with the clerk. Also, moving explosives to a new location by the owner shall require registration of that fact to the clerk.
B. Any high explosives including dynamite, gunpowder, and nitroglycerine shall be stored in a proper receptacle which shall be closed at all times except when actually in use. Such concrete, metal, or stone receptacle shall not be located in any room where there is a flame or flammable materials. The area surrounding the storage facility shall be kept clear of rubbish, brush, dry grass, or trees for not less than 25 feet in all directions. Any other combustible materials shall be kept a distance of not less than 50 feet from outdoor storage facilities.
(Neb. Rev. Stat. §§-17-549, 17-556, 28-1213, 28-1229, 28-1233)
SECTION 8-402: EXPLOSIVES; BULLETS
Cartridges, shells, and percussion caps shall be kept in their original containers away from flame, flammable materials, and high explosives.
SECTION 8-403: EXPLOSIVES; BLASTING PERMITS
Any person wishing to discharge high explosives within the Village must secure a permit from the Village Board and shall discharge such explosives in conformance with its direction and under its supervision. In no case shall any person perform blasting operations unless operating under the direct supervision of a person in possession of a valid user’s permit issued by the Nebraska State Patrol. (Neb. Rev. Stat. §§17-556, 28-1229)
SECTION 8-404: POISONOUS OR FLAMMABLE GASES
Any person, firm, or corporation desiring to store or keep in the Village any form of poisonous or flammable gas or liquefied petroleum gas in excess of 100 gallons or to add to, enlarge, or replace any facility used for the storage of such gases must first get a permit from the Village Board, which shall require the name of the gas, the place of storage, and the amount of gas stored. If permission is granted, the board shall prescribe such rules, regulations, and precautionary actions as it may deem necessary. (Neb. Rev. Stat. §17-549)
Article 5 – Fireworks
SECTION 8-501: REGULATION OF USE, SALE, POSSESSION OF FIREWORKS
The use, sale, offer for sale, and possession of permissible fireworks in the Village as defined by Neb. Rev. Stat. §28-1241 shall be governed and regulated by Neb. Rev. Stat. §§28-1241 to 28-1252, including any and all amendments thereto, together with any rules and regulations adopted by the state fire marshal for the enforcement of said sections.
Article 6 – Penal Provision
SECTION 8-601: VIOLATION; PENALTY
Any person who shall violate or refuse to comply with the enforcement of any of the provisions of this chapter, set forth at full length herein or incorporated by reference, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500.00 for each offense. A new violation shall be deemed to have been committed every 24 hours of such failure to comply.