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No person shall burn any wood, leaves, brush, waste paper or other combustible materials in any street, alley, or other public way, except as authorized by the Fire Chief.
(1984 Code, § 91.01) (Ord. O-26-82, passed 4-13-1982) Penalty, see § 91.99
(A) All open burning is prohibited within the city unless otherwise allowed as an exception in this section. OPEN BURNING means the burning of any matter without a burn chamber approved by the state’s Division for Air Quality, or without a stack or chimney with control devices approved by the state’s Division for Air Quality.
(1) (a) Prescribed burns are an exception. PRESCRIBED BURN means the burning, in compliance with a prescription and to meet planned fire or land management objectives, of a continuous cover of fuels. A PRESCRIPTION means a written plan establishing the criteria necessary for starting, controlling and extinguishing a burn.
(b) Prescribed burns set for recognized agricultural, silvicultural, range, ecological and wildlife habitat management practices are allowed only if conducted in accordance with Part 515 of the Federal Natural Resources and Environmental Protection Act, administered by the city’s Department of Natural Resources, and written notification of the prescribed burn is given 72 hours in advance to the local Division of Forestry District office. First, approval of the local Division of Forestry District Office must be obtained; and, secondly, approval of the city’s Fire Department shall also be obtained.
(2) (a) Campfires are an exception. CAMPFIRE means a small fire for cooking, recreational or ceremonial purposes. Campfires are only allowed in the city if conducted in accordance with this section.
(b) Campfires shall burn only clean seasoned firewood; the fire shall be surrounded with a fire ring of rocks, stones, bricks or other non-flammable objects that protrude at least six inches above the undisturbed ground level (not allowed in burn barrels); the fire ring shall be no larger than 36 inches wide and the fire shall be no more than 24 inches high; the fire shall be at least 25 feet from any structure or other combustible materials on same property as the fire, at least 35 feet from any structure or other combustible materials not on same property as the fire, and at least 25 feet from public pedestrian and roadways; the fire shall be attended at all times by a competent person of at least 16 years of age until the fire is extinguished and is cold; excessive or unusual emanations shall not be created; a garden hose attached to a water supply or other approved fire extinguishing device shall be readily available at the location. Note: EXCESSIVE AND UNUSUAL EMANATIONS includes the emanation of smoke or fumes or soot or cinders, or odors that annoy, injure or endanger the comfort, repose, health or safety of others.
(3) Burnings conducted in conjunction with training for public, private and industrial firefighters are an exception if conducted in accordance with the state’s 401 K.A.R. 63:005, § 6.
(B) Outdoor burning is only allowed in the city if conducted in accordance with this section. OUTDOOR BURNING means the burning of clean seasoned firewood in a burn chamber approved by the state’s Division for Air Quality, in a burn chamber with a stack or chimney with control devices approved by the state’s Division for Air Quality, or in a patio wood-burning unit for outdoor cooking, heating, recreational or ceremonial purposes. PATIO WOOD- BURNING UNIT means a chiminea, patio warmer, fire pit or other portable wood-burning device used for outdoor recreation and/or heating. In this section, FIRE PIT means a device commercially designed and intended to contain and control small outdoor wood fires that are free standing and portable.
(1) Outdoor burning shall maintain a clearance of at least 15 feet from structures or other combustible materials on the same property as the fire, and at least 25 feet from structures or other combustible materials which are not on the same property as the fire; shall not occur on or beneath decks or balconies, or in an enclosed porch, gazebo or similar enclosed space; shall be attended at all times by a competent person of at least 16 years of age until the fire is extinguished and is cold; shall burn only clean seasoned firewood, and the burn chamber shall not be overloaded; excessive or unusual emanations shall not be created; a garden hose attached to a water supply or other approved fire extinguishing device shall be readily available; the fire shall be no larger than 18 inches wide by 12 inches high.
(2) Outdoor burning includes small fires set by construction and other workers for comfort heating purposes if conducted in accordance with this section and if: the ambient temperature is below 50°F; only clean lumber or seasoned firewood is burned; and, the fire is burned in a container not exceeding 55 gallons in size.
(3) This section does not cover coal, or propane or natural gas-fired appliances that are manufactured for outdoor cooking or grilling of food, and does not cover propane or natural gas fired appliances that are manufactured for outdoor heating or ambience. Installation and location of these appliances shall follow the manufacturer’s guidelines.
(C) The city’s firefighters, and police officers are authorized to require any fire to be immediately discontinued if the fire is determined to constitute a hazardous condition.
(1984 Code, § 91.02) (Ord. O-26-82, passed 4-13-1982; Ord. O-27-10, passed 8-17-2010) Penalty, see § 91.99
No person shall obstruct or interfere with the use of any fire hydrant by placing any building materials, dirt, articles, merchandise or rubbish in the immediate vicinity of any hydrant, unless authorized by the Fire Chief.
(1984 Code, § 91.03) (Ord. O-26-82, passed 4-13-1982) Penalty, see § 91.99
(A) For the purpose of this section, MINOR is defined as any person under 16 years of age.
(B) No person shall sell any fireworks as defined in KRS 227.700, common fireworks, as defined in KRS 227.702, or novelties and trick noisemakers as defined in KRS 227.704, to a minor within the city.
(C) It shall be unlawful for any minor to use fireworks as defined in KRS 227.700, common fireworks as defined in KRS 227.702, or novelties and trick noisemakers as defined in KRS 227.704, without adult supervision.
(1984 Code, § 91.04) (Ord. O-46-88, passed 6-28-1988; Ord. O-23-96, passed 6-11-1996) Penalty, see § 91.99
(A) (1) Pursuant to KRS 227.320, the Kentucky Standards of Safety (Fire Prevention Code), as promulgated in Ch. 10, Title 81.5, of the state’s Administrative Regulations by the State Commissioner of the Department of Housing, Buildings and Construction, on the advice and recommendation of the state’s Fire Marshal, including all codes adopted by reference therein, is adopted as part of the Fire Prevention Code of the city.
(2) Copies of the code book are available through the Department of Housing, Buildings and Construction, 101 Sea Hero Road, Suite 100, Frankfort KY, 40601-5405.
(3) A copy shall be kept available for public inspection in the office of the Fire Chief.
(B) The city’s Fire Department is hereby designated as the city’s primary enforcement agency for the Kentucky Standards of Safety (Five Prevention Code). The Fire Chief, or his or her designated fire inspectors or fire/rental inspectors, shall be the enforcement authority for the city.
(C) Subject to any modification by agreement pursuant to KRS 15.605 through 15.630, the Fire Chief shall assume primary jurisdiction for the inspection and enforcement of the state’s Fire Prevention Code for all property located within the geographical boundaries of the city, with the following exceptions:
(1) All health care facilities and other facilities licensed by the state’s Cabinet for Health and Family Services;
(2) All state-owned property; and
(3) Such other property jurisdictions of which may be transferred in writing to the jurisdiction of the state’s Fire Marshal.
(D) The state’s Fire Marshal shall have primary enforcement jurisdiction of all property excepted from primary jurisdiction for the city.
(E) Pursuant to KRS 227.230, the Fire Chief, and such other members of the Fire Department as are necessary, may be deemed “Deputy State Fire Marshals” by the state’s Fire Marshal as set forth within the statute.
(F) Pursuant to KRS 227.225(2), the city hereby extends the application of KRS Ch. 227 to those single-family dwellings exempted under KRS 227.225(1).
(G) Nothing in this section is intended to create any duties on behalf of the city, or its officers, agents or employees, to any third party; nor is there any intent, implied or otherwise, to expand or create any causes of action against the city, its officers, agents or employees, for liability as a result of a violation of this section.
(1984 Code, § 91.05) (Ord. O-29-15, passed 8-18-2015)
Pursuant to KRS 227.336, the Fire Department is authorized to impose fees for fire inspections, and the fee schedule set forth in KRS 227.336 is hereby adopted and incorporated by reference. All fees shall be due and payable 30 days from the date of invoice.
(1984 Code, § 91.06) (Ord. O-29-15, passed 8-18-2015; Ord. O-24-20, passed 12-1-2020)
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