Article 2. Fire Prevention

§7-201   Falls City Code  §7-222

Article 2. Fires Prevention                    

§7-201  FIRE PREVENTION; LIFE SAFETY CODE.  Incorporated by reference into this Code are the standards recommended by the National Fire Protection Association, known as the Life Safety Code, 1976 Edition.  This Code shall have the same force and effect as if set out verbatim herein.  All prior ordinances in conflict herewith shall be and are repealed.  Three (3) copies of the Life Safety Code are on file at the office of the Municipal Clerk and are available at any reasonable time.  (Ref.  18-132, 19-902, 19-922, 81-502 RS Neb.)           

§7-202    FIRE PREVENTION; FIRE PREVENTION CODE.  Incorporated by reference into this Code are the standards recommended by the American Insurance Association, known as the Fire Protection Code, 1976 Edition.  This code shall have the same force and effect as if set out verbatim herein.  Three (3) copies of the Fire Prevention Code shall be on file with the Municipal Clerk and shall be available for public inspection at any reasonable time.  (Ref.  18-132, 19-902, 19-922, 81-502 RS Neb.)

§7-203    FIRE PREVENTION; FIRE CODE ENFORCEMENT.  It shall be the duty of all Municipal officials to enforce the incorporated fire code provisions and all infractions shall be immediately brought to the attention of the Fire Chief.    

§7-204    FIRE PREVENTION; LAWFUL ENTRY.  It shall be the duty of the owner, lessee, or occupant of any building or structure, except the interiors of private dwellings, to allow the Fire Chief to inspect, or cause to be inspected, as often as necessary the said structure for the purpose of ascertaining and enumerating all conditions therein that are likely to cause fire, or any other violations of the provisions of the Municipal ordinances affecting the hazard of fire.  (Ref.  81-512 RS Neb.)       

§7-205    FIRE PREVENTION; VIOLATION NOTICE.  It shall be the duty of the owner, lessee, or occupant of any building or structure that was lawfully inspected as hereinbefore prescribed, and who receives written or verbal notice of a violation of any of the provisions of the Municipal ordinances to correct the condition that violates the said ordinance or ordinances within five (5) days from the date of receipt of such notice.

§7-206   FIRE PREVENTION; MODIFICATIONS OF CODE.  The Fire Chief shall have power to modify any of the provisions of the Fire Prevention Code upon the application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the Code; Provided, that the spirit of the Code shall be observed, public safety secured, and substantial justice done.  The particulars of such modification when granted or allowed and the decision of the Fire Chief thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant.   

§7-207    FIRE PREVENTION; APPEALS.  Whenever the Chief of the Fire Department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the Code do not apply or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted.  The applicant may appeal from the decision of the Chief of the Fire Department to the Mayor and Council of the City of Falls City within thirty (30) days from the date of the decision of the appeal.        

§7-208    FIRE PREVENTION; FIRE LIMITS DEFINED.  The following described territory in the Municipality shall be and constitute the fire limits:

Lots 5 to 20, inclusive of Block 26; all of Blocks 27 and 28, the west half (W 1/2) of Block 37; all of Blocks 38, and 39,  the east half (E 1/2) of Blocks 40 and 57; all of Blocks  58 and  59; the west half (W ½ ) of Blocks 60 and 69; all of Blocks 70 and 71; the east half (E 1/2) of Block 72; all of Blocks 90 and 91; the west half (W  1/2) of Blocks 92 and 101; all of Blocks 102;, 103, 122, and 123, all in the original town of the City of Falls City.  (Ref.  17-550 RS Neb.)

§7-209    FIRE PREVENTION; FIRE LIMITS MATERIALS.  Within the aforesaid fire limits, no structure shall be built, altered, moved, or enlarged unless such structure is made of materials which will have a Type I, Type II, Type III one hour or Type IV construction as set out in the Uniform Building Code.  Fixed electrical wiring methods shall be limited to metal raceways, nonmetallic raceways incased in not less than two inches of concrete, Type MI cable or Type MC cable.  Residential buildings and their accessory building located within these limits shall not be required to meet these requirements but must comply with any standard set for their construction by the building code.  (Ref.  17-550 RS Neb.) Amended ord.  94-126. 

§7-210    FIRE PREVENTION; BUILDING MOVING.  No person shall be allowed to move any building which is constructed of materials which do not conform to those materials required within the fire limits if such building is located within the fire limits or is to be moved to a site within the fire limits.  (Ref.  17-550 RS Neb.)           

§7-211    FIRE PREVENTION; IRONCLADS PROHIBITED.  All buildings, sheds, and structures known as ironclads which are constructed of wood and covered with sheet iron or tin attached to the frame shall be considered and deemed to be constructed of combustible materials.  Any future construction of an ironclad building shall hereafter be prohibited.  (Ref.  17-550 RS Neb.)

§7-212    FIRE PREVENTION; REMOVAL REQUIRED.  In the event that any building or structure which  stands within the  Municipality is damaged to such an extent that it will not be repaired, it shall  be  taken down and removed within sixty (60) days from the date of such fire or other casualty.  In connection with such removal,  all basements and foundations shall be filled to grade and all sewer lines and water lines or portions thereof capped unless new construction on the premises is to be commenced and a building permit obtained within sixty (60) days of the date of fire.  During any period in which a basement is allowed to remain unfilled without construction, the owner shall erect a solid fence of at least forty-eight inches (48") in height around said basement.  (Ref.  17-550 RS Neb.)     

§7-213    FIRE PREVENTION; REPAIR REQUIRED.  In the event that a building within the Municipality becomes damaged  by fire it shall be the duty of the owner, lessee, or occupant to  secure the building from entry as soon as possible but not later than forty-eight (48) hours and to remove or begin repair of said building within sixty (60) days.  It shall be unlawful for any person to allow a building to stand in such damaged or decayed condition.  (Ref.  17-550 RS Neb.)

§7-214    FIRE PREVENTION; EXITS AND FIRE ESCAPES.  Every building shall be provided with adequate exits for the protection of its occupants in case of fire or other emergency and as required by the Building Code of this Municipality and regulations of the State Fire Marshal.        

§7-215    FIRE PREVENTION; NOTICE TO COMPLY.  When any building or structure is constructed, rebuilt, altered, added to, or moved in violation of this Chapter, at any time thereafter the Chief of Police, Chief of the Fire Department, or Building Inspector may serve written notice to place such building or structure in compliance within thirty (30) days or to remove the same from the fire limits.  Any owner or co-owner who shall within the thirty (30) days and within such additional time as the Council may by formal resolution authorize, fail to place such building or structure in compliance shall be deemed in violation of this Chapter and subject to the penalties thereof.  Each additional ten (10) days in which such violation continues shall be deemed a separate and distinct offense.  And in event of such failure to comply or remove such building or structure, the Municipality may cause the destruction or removal of such building or structure and the cost thereof shall be recoverable from the owners of the building and/or placed as a special assessment against the real estate. 

§7-216    FIRE PREVENTION; SERVICE OF NOTICE.  The notice required shall be served in the following manner:  By fastening one (1) copy of such notice to a principal entrance in each building deemed to be in violation; by serving a copy upon the building or property manager if such is known; by service of a copy upon each record owner residing in the City, and by mailing by registered or certified mail a copy thereof to each other owner of record at his last known address.  In event any owner or co-owner of record is known to be deceased or his address is unknown, notice shall be published in a newspaper of legal circulation for four (4) consecutive weeks.    

§7-217    FIRE PREVENTION; FIRE PROHIBITED.  It shall be unlawful for any person to set out a fire on the pavement, or near any curb, now built or hereafter to be built, within the Municipality.  (Ref.  17-556 RS Neb.)  

§7-218      FIRE PREVENTION; FIRES PROHIBITED AND ALLOWED
(1) It shall be unlawful for any person to set fire to, burn, or cause to be burned any trash, vegetable matter, household waste, building demolition material, material which emits or gives off obnoxious fumes, straw, hay, leaves, or brush within the Corporate limits of the City of Falls City.
 

(2) Except as provided in section (3) below, Fires may only be set in a metal fire pit or outdoor fireplace using fire wood. The fire shall be located at least twenty feet (20') from any building. The fire shall be attended to at all times, by a person at least 16 years of age until all fire and embers have been fully extinguished. It shall be unlawful to build any outdoor fire in violation of these provisions. 

(3) The Falls City Volunteer Fire Chief or Assistant Chiefs may issue a burning permit for annual burn off of growing vegetation at the Itha Krumme Memorial Arboretum if weather conditions permit for the maintaining of plants at such location. No other burning permits shall be issued within the corporate limits of the City of Falls City without prior approval of the City Council.

(4) The minimum fine for a violation of this section shall be $25.00. (Ref 17-549, 17-556, 81-520.01 RS Neb.) (Amended: Ord. #95-111; Ord. #98-107; Ord. 2009-102; Ord. 2018-102)

§7-219     FIRE PREVENTION; OPEN BURNING BAN; WAIVER. 

(1) There shall be a statewide open burning ban on all bonfires, outdoor rubbish fires, and fires for the purpose of clearing land.  It shall be unlawful for any person to build a fire in violation of such open burning ban. 

(2) The Fire Chief of the Municipal Fire Department or his or her designee may waive an open burning ban under subsection (1) of this section for an area under his or her jurisdiction by issuing an open burning permit to a person requesting permission to conduct open burning.  The permit issued by the Fire Chief or his or her designee to a person desiring to conduct open burning shall be in writing, signed by the Fire Chief or his or her designee, and on a form provided by the State Fire Marshal.

(3) The Municipal Fire Chief or his or her designee may waive the open burning ban in his or her jurisdiction when conditions are acceptable to the Chief or his or her designee. Anyone burning in such jurisdiction when the open burning ban has been waived shall notify the Fire Department of his or her intention to burn.

(4) The Municipal Fire Chief may adopt and promulgate rules and regulations listing the conditions acceptable for issuing a permit to conduct open burning under subsection (2) of this section.

(5) The Municipal Fire Department may charge a fee, not to exceed ten dollars ($10.00), for each such permit issued.  This fee shall be remitted to the Governing Body 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 (2) of this section in the course of such state's or political subdivision's official duties.  (Ref.  81-520.01 RS Neb.) Amended by Ordinance 95-111

§7-220 EXPLOSIVES; BLASTING PERMITS.  In addition to notifying the Municipal Fire Department pursuant to section 28-1233(3) RS Neb., any person desiring to discharge explosive materials, as defined in section 28-1213 RS Neb., within the Municipality, shall apply for and secure a permit from the Governing Body twenty-four (24) hours prior to such discharge, and shall discharge such explosive materials in conformance with the conditions specified in the permit.  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.  (Ref.  17-549, 17-556, 28-1229, 28-1233 RS Neb.)Amended Ord.  94-122.

§7-221 EXPLOSIVES; STORAGE REGISTRATION; REQUIREMENTS. 

(1) In addition to notifying the Municipal Fire Department pursuant to section 28-1233(3) RS Neb., any person desiring to store or keep for any period of time explosive materials as defined in section 28-1213 RS Neb., shall register such information with the Municipal Clerk twenty-four (24) hours prior to such storage.  The transfer of explosive materials to another person within the Municipality shall require the person receiving the explosive materials to register the transfer and the new location of the explosive materials with the Municipal Clerk.  The transfer of explosive materials to a new location by the owner shall require registration of the new location with the Municipal Clerk.

(2) All explosive materials shall be stored in a proper receptacle made of cement, metal, or stone and be closed at all times, except when in actual use.  Such receptacles shall not be located in any room where there are flames or flammable materials.  The area surrounding storage facilities shall be kept clear of rubbish, brush, dry grass, or trees not less than twenty-five feet (25') in all directions.  Any other combustible materials shall be kept a distance of not less than fifty feet (50)' from outdoor storage facilities.  (Ref. 17-549, 17-556, 28-1229, 28-1233 RS Neb.) Added Ord. 94-123    

§7-222 POISONOUS AND FLAMMABLE GASES AND EXPLOSIVES; STORAGE REGISTRATION.  In addition to notifying the Municipal Fire Department pursuant to section 28-1233(3) RS Neb., any person desiring to store or keep for any period of time explosive materials as defined in section 28-1213 RS Neb., or any form of poisonous or flammable gases or liquefied petroleum gases within the Municipality shall register such information with the Municipal Clerk twenty-four (24) hours prior to such storage.  The transfer of such explosives or gases to another person within the Municipality shall require the person receiving such explosives or gases to register the transfer and the new location of the explosives and gases with the Municipal Clerk.  The transfer of explosive materials and gases to a new location by the owner shall require registration of the new location with the Municipal Clerk.  This section shall not apply to the storage of five (5) gallons or less of gasoline.  (Ref.  17-549, 17-556, 28-1229, 28-1233 RS Neb.) Added Ord.  94-124.