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Article 1: Fire Prevention Code
8-2 New materials; permits
Article 2: Fireworks
8-21. Sale and firing
8-22. Public discharge
Article 3: Burnings
Article 4: Fire Control
8-50. Authority at emergencies
8-51. Interference prohibited
8-52. Compliance with orders
8-53. Crossing fire hoses
8-55. Operation upon approach
8-56. Following fire apparatus
8-57. Unlawful boarding or tampering
8-58. Damage or injury
8-59. Emergency vehicle operation
8-60. Blocking fire hydrants
8-61. Hydrant use approval
8-62. Public water supply
8-63. Yard systems
8-64. Maintenance of equipment
8-65. Sale of extinguishers
8-66. Street obstructions
8-67. Administrative liability
8-68. Jurisdictional liability
Article 5: Protection Outside City
8-80. Protection outside city
(A) International Fire Code.
(1) A certain document, one copy of which is on file in the office of the Fire Marshal, being marked and designated as the International Fire Code, 2006 Edition, including appendix chapters A, B, C, D, E, F, and G, as published by the International Code Council, be and is hereby adopted as the fire code of the city, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of the fire code on file in the office of the Fire Marshal are hereby referred to, adopted and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions and changes, if any, prescribed in division (A)(2).
(2) The following sections of the International Fire Code, 2006 Edition, are hereby revised:
(a) Section 101.1. Insert: City of Guthrie
(b) Section 109.3. Insert: misdemeanor, two hundred (200) dollars, ten (10) days
(3) The geographic limits referred to in certain sections of the 2006 International Fire Code are hereby established as follows:
(a) Section 3184.108.40.206 (geographic limits in which the storage of flammable cryogenic fluids in stationary containers is prohibited): thirty (30) feet.
(b) Section 3404.2.9.5.1. (geographic limits in which the storage of Class I and Class II liquids in above ground tanks outside of buildings is prohibited): Fifty (50) feet.
(c) Section 3406.2.4.4. (geographic limits in which the storage of Class I and Class II liquids in above ground tanks is prohibited): The Central Business District, defined as follows, West boundary; The Sante Fe Railroad Tracks. East boundary; The east side of Ash Street. North boundary; The south side of Noble Avenue. South boundary; The south side of Vilas Avenue.
(d) Section 3804.2. (geographic limits in which the storage of liquefied petroleum gas is restricted for the protection of heavily populated or congested areas); The Central Business District. (See description of the CBD in the above section)
(B) Life Safety Code.
(1) A certain document, one copy of which is on file in the office of the Fire Marshal of the city, being marked and designated as the Life Safety Code, 2006 Edition, including Annex A and B as published by the National Fire Protection Association, be and is hereby adopted as the life safety code of the city, regulating and governing the safeguarding of life and property from fire and explosion hazards, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of the life safety code on file in the office of the Fire Marshal are hereby referred to, adopted and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions and changes, if any, prescribed in division (B)(2).
(2) The following sections are revised: None.
(3) Persons who shall violate a provision of the Life Safety Code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Code Official, or of the permit or certificate used under the provisions of the Life Safety Code, shall be guilty of a misdemeanor, punishable by a fine of not more than $200 or by imprisonment not exceeding ten days, or both fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(C) All amendments, revisions, modifications and deletions are hereby incorporated by reference and incorporated herein as if set out in full.
(`90 Code, § 8-1) (Ord. 2692, passed 9-15-81; Am. Ord. 3072, passed 10-3-00; Am. Ord. 3125, passed 11-18-03; Am. Ord. 3175, passed 4-4-06; Am. Ord. 3176, passed 4-4-06)
It shall be unlawful to engage in any business activity involving the handling, storage or use of hazardous substances, materials or devices; to maintain, store or handle materials; to conduct processes which produce conditions hazardous to life or property; to install equipment used in connection with the activities; or to establish a place of assembly without first notifying the Fire Official and obtaining permits as may be required.
(`90 Code, § 8-7) (Ord. 2778, passed 6-4-85)
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) Any combustible or explosive composition or any substance or combination thereof prepared for the purpose of producing visible and/or audible effect by combustion, explosion, deflagration or detonation and shall include blank cartridges, toy pistols, toy cannons or toy guns in which explosives are used, firecrackers, torpedoes, skyrockets, Roman candles, sparklers, pop bottle rockets or other devices of similar construction, or any device which contains any explosive or flammable compound.
(2) FIREWORKS shall not include auto flares, aircraft flares, paper caps which contain not in excess of an average of one-quarter of a gram of explosive content per cap, manufactured in accordance with the specifications of the State Department of Transportation. The term FIREWORKS also shall not include signal flares and torpedoes of the type and kind only used by and solely for the purpose of military and police use, nor shall it include hunting and sporting ammunition as component parts thereof.
FIREWORKS DISPLAY. The use, discharge or display of fireworks in a manner to provide audio and visual entertainment to a group or gathering of persons with safe supervision.
(`90 Code, § 8-9) (Ord. 2617, passed - -)
Municipal authority, see 11 O.S. § 22-110
It shall be unlawful and an offense to sell, distribute or to discharge fireworks within the corporate limits of the city unless otherwise specifically provided for in this article.
(A) It is unlawful for any person, firm, or corporation to display for sale, offer for sale or sell within the corporate limits of the city any fireworks of any type, nature or description, provided, however, that this section shall not prohibit the lawful sale of fireworks between the dates of June 15 and July 6 and the dates of December 15 and January 2. The sale of fireworks shall require a permit purchased from the city in an amount set forth by resolution of the governing body and shall at all times be undertaken in compliance with provisions of Oklahoma Statutes and Guthrie municipal requirements.
(B) It is unlawful for any person, firm, or corporation to set off or detonate any fireworks of an explosive nature or noise emitting type, nature or description within the corporate limits of the city unless requirements set forth herein are met.
(C) Persons within the corporate limits may use or otherwise discharge Class C fireworks only from 11:30 p.m. to 11:59 p.m. on December 31; from 12:00 a.m. to 12:30 a.m. on January 1; and from 10:00 a.m. to 11:00 p.m. on July 3, 4, and 5 provided that the following conditions are met:
(1) Such fireworks must be discharged on a non-combustible surface of sufficient size to contain the entire ground portion of the display; must be located on residential property outside of the Capitol Townsite Historic District as provided in division (C)(2) below and not closer than 25 feet from any permanent structure, and;
(2) (a) It is unlawful for any person, firm, or corporation to set off or detonate any fireworks of an explosive nature or noise emitting type, nature or description within the Capitol Townsite Historic District as more particularly described below and shown on Exhibit “A” Capitol Townsite Historic District Boundary Map to Ord. 3311, incorporated herein by reference as if fully set out herein, unless approved by the City Manager or his or her designee.
(b) All of lots 13-115, Block 31, all of Blocks 43, 44, 45, 46, 47 and 49, all of Lots 1-12, Block 54, all of Blocks 55, 56, 57, 58, 59, 60 and 61, all of lots 9-20, Block 68, all of Blocks 70 and 71 in that part of Guthrie, Oklahoma known as Guthrie Proper and also,
(c) The south 16-23/ feet of Lot 13, all of Lots 14-18, Block 33, all of Lots 7-12, Block 34, all of Block 36, all of Lots 13-24, Block 46, all of Lots 13-24, Block 47, all of Lots 13-24, Block 48, all of Blocks 49, 50, 51 and 52, all of Lots 1-12, Block 61, all of Lots 1-14, Block 62, all of Blocks 63 and 64, all of Lots 9-14, Block 65, all of Lots 7-18, Block 77 in that part of Guthrie, Oklahoma known as East Guthrie Townsite; also known as:
(d) Beginning at the intersection of Noble Avenue and 2nd Street, then east on Noble Avenue to Wentz Street, then south to the east/west alley between Cleveland Avenue and Oklahoma Avenue, then east to Oak Street, then south to Oklahoma Avenue, then west to Ash Street, then south to the east/west alley between Harrison Avenue and Vilas Street, then west to the Jelsma Stadium, then south to Springer Avenue, then west to the north/south alley between Springer Avenue and Perkins Avenue, then west on Perkins Avenue to Division Street, then north to Springer Avenue, then west to 2nd Street, then north to Vilas Avenue, then west to 4th Street, then south to Springer Avenue, then west to the BNSF Railroad, then northeast along the BNSF Railroad tracks to Harrison Avenue, then northwest to the east/west alley between Oklahoma Avenue and Harrison Avenue, then north to the 5th Street Bridge, then northeast to 2nd Street, then north on 2nd Street to Point of Beginning.
(3) An adult person over the age of 18 shall obtain a permit from the city at a cost set forth by resolution by the governing body, said permit identifying the adult in charge of this use by name and address, and also identifying the proposed location on the permit holder's property. Applications for said permits shall be made available during normal business hours from the city and separate permits shall be required for the use and discharge of fireworks during the dates surrounding the 4th of July and the time frame surrounding New Year’s Eve; and
(4) The adult permit holder in charge of the use must be present for any household member to use the fireworks and within 100 feet of the point of display, and have the permit posted in a place of prominence during the discharge of the fireworks for examination by any law enforcement officer. The permit holder is further responsible for cleaning up any debris caused by any person discharging fireworks under the holder permit; and
(5) Private persons may not use or discharge fireworks on any public street, public easement, or public property unless approved by the city; and
(6) In the event that the display of fireworks is open to the public, or more than 25 individuals are present during the discharge of fireworks then the gathering shall be considered a public discharge and must get approval from the city in addition to obtaining a permit as required by § 8-22 hereof; and
(7) In the event that the Governor of the State of Oklahoma calls a red flag fire alert or burn ban for the area encompassing the city and/or the Fire Department determines that the city is in fire danger due to the weather conditions, the City Manager of the city may declare the use of fireworks to be illegal and all fireworks permits to be void, without refund during the emergency period.
(`90 Code, § 8-10) (Ord. 2517, passed - -; Am. Ord. 3219, passed 6-7-11; Am. Ord. 3250, passed 6-3-14; Am. Ord. 3311, passed 10-3-17)
(A) The Fire Marshal, or in his or her absence, the Fire Chief of the city, may designate a public area or areas for the supervised public discharge or display of fireworks by an organization or group of individuals.
(B) The Fire Marshal may adopt rules and regulations for granting and issuing permits for the supervised public display of fireworks.
(C) Permits may be granted and issued upon application to the Fire Chief after the application is approved by the Chief of Police of the city and after the bond in the amount of $1,000 has been filed with the City Clerk.
(D) Every display shall be managed and supervised by an operator who shall be approved by the Fire Marshal and the Chief of Police prior to the commencement of the display.
(E) Bond shall be filed and application shall be made in writing not less than 30 days prior to the date set for the display.
(F) Any fireworks which have not been discharged before the termination of the display shall be disposed of or stored in a safe manner approved by the Fire Marshal.
(`90 Code, § 8-11) (Ord. 2617, passed - -)
The presence of any fireworks within the corporate limits of the city in violation of this article is hereby declared to be a public nuisance. The Fire Marshal, or in his or her absence, the Fire Chief, is hereby directed to seize, remove and cause to be safely destroyed any fireworks found in violation of this article.
(`90 Code, § 8-12) (Ord. 2517, passed - -)
(A) It shall be unlawful to burn grass, weeds, brush, trash or other debris in the city limits, without first obtaining approval and a permit in writing from the Fire Chief or his or her designate.
(B) The permit shall designate the material, time and conditions of burning and the permit shall be good for only one day or for the hour or hours therein stated and the burning shall be only in the manner and at the time determined by the Fire Chief or his or her designate.
(`90 Code, § 8-13) (Ord. 2778, passed 6-4-85)
The Fire Chief or his or her designate shall issue no permit, unless, in his or her judgment, such is entirely safe and the most feasible way of eliminating the grass, weeds, brush, trash or other debris.
(`90 Code, § 8-14) (Ord. 2778, passed 6-4-85)
The Fire Chief or duly authorized representative, as may be in charge at the scene of a fire or other emergency involving the protection of life and/or property, is empowered to direct the operation as may be necessary to extinguish or control any suspected or reported fires, gas leaks or other hazardous conditions or situations or of taking any other action necessary in the reasonable performance of their duty. The Fire Official may prohibit any person, vehicle or object from approaching the scene and may remove or cause to be removed from the scene any person, vehicle or object which may impede or interfere with the operations of the Fire Department. The Fire Official may remove or cause to be removed any person, vehicle or object from hazardous areas. All persons ordered to leave a hazardous area shall do so immediately and shall not re-enter the area until authorized to do so by the Fire Official.
(`90 Code, § 8-15) (Ord. 2828, passed 11-3-87)
It shall be unlawful to interfere with, attempt to interfere with, conspire to interfere with, obstruct or restrict the mobility of, or block the path of travel of any Fire Department emergency vehicle in any way, or to interfere with, attempt to interfere, conspire to interfere with, obstruct or hamper any Fire Department operation.
(`90 Code, § 8-16) (Ord. 2828, passed 11-3-87)
A person shall not willfully fail or refuse to comply with any lawful order or direction of the Fire Official or to interfere with the compliance attempts of another individual.
(`90 Code, § 8-17) (Ord. 2828, passed 11-3-87)
A vehicle shall not be driven or propelled over any unprotected fire hose of the Fire Department when laid down or, any street, alley way, private drive or any ocher vehicular roadway without the consent of the Fire Official in command of the operation.
(`90 Code, § 8-18) (Ord. 2828, passed 11-3-87)
For the purpose of this article, the following definition shall apply unless the context clearly indicates or requires a different meaning.
AUTHORIZED EMERGENCY VEHICLES. Those which are defined and authorized under the laws or the state.
(`90 Code, § 8-19) (Ord. 2828, passed 11-3-87)
Upon the approach of any authorized emergency vehicle, giving audible and visual signal, the operator of every other vehicle shall immediately drive the same to a position as near as possible and parallel to the right-hand edge or curb of the street or roadway, clear of any intersection, and shall stop and remain in the position until the authorized emergency vehicle or vehicles shall have passed, unless otherwise directed by the Fire Official or a police officer.
(`90 Code, § 8-20) (Ord. 2828, passed 11-3-87)
It shall be unlawful for the operator of any vehicle, other than one on official business, to follow closer than 300 feet along any fire apparatus traveling in response to a fire alarm or to drive any vehicle within the block or immediate area where a fire apparatus has stooped in answer to a fire alarm.
(`90 Code, § 8-21) (Ord. 2828, passed 11-3-87)
A person shall not without proper authorization from the Fire Official in charge of the Fire Department emergency equipment, cling to, attach himself or herself to, climb upon or into, board or swing upon any Fire Department emergency vehicle, whether the same is in motion or at rest, or sound the siren, horn, bell or other sound-producing device thereon, or to manipulate or tamper with, or attempt to manipulate or tamper with any levers, valves, switches, starting devices, brakes, pumps or any equipment or protective clothing on, or a part of, any Fire Department emergency vehicle.
(`90 Code, § 8-22) (Ord. 2828, passed 11-3-87)
It shall be unlawful for any person to damage or deface, or attempt or conspire to damage or deface any Fire Department emergency vehicle at any time, or to injure or attempt to injure or conspire to injure Fire Department personnel while performing Departmental duties.
(`90 Code, § 8-23) (Ord. 2828, passed 11-3-87)
(A) The driver of any emergency vehicle, as defined herein, shall not sound the siren thereon or have the front red lights on or disobey any existing traffic regulation, except when the vehicle is responding to an emergency call or when responding to, but not upon returning from a fire. Tactical strategies such as, but not restricted to, “move-ups” do not constitute an emergency call.
(B) The driver of any emergency vehicle may:
(1) Park or stand irrespective of the provisions of existing traffic regulations;
(2) Proceed past a red or stop signal or other sign, but only after slowing down as may be necessary for safe operation;
(3) Exceed the prima facie speed limit so long as the action does not endanger life or property;
(4) Disregard regulations governing direction of movement or turning in specified directions;
(5) The exemptions herein granted to an emergency vehicle shall apply only when the driver of any vehicle while in motion sounds audible signal by bell, siren or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one lighted lamp displaying a red light visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle.
(`90 Code, § 8-24) (Ord. 2828, passed 11-3-87)
(A) It shall be unlawful to obscure from view, damage, deface, obstruct or restrict the access to any fire hydrant or any Fire Department connection for the pressurization of fire suppression systems, including fire hydrants and Fire Department connections that are located on public or private streets and access lanes or on private property.
(B) If upon the expiration of the time mentioned in a notice of violation, obstructions or encroachments are not removed, the Fire Prevention Code Official shall proceed to remove the same. Cost incurred in the performance of necessary work shall be paid from the municipal treasury on certificate of the Fire Prevention Code Official and with the approval of the chief administrative official. The legal authority of the municipality shall institute appropriate action for the recovery of the costs.
(`90 Code, § 8-25) (Ord. 2828, passed 11-3-87)
A person shall not use or operate any fire hydrant intended for use of the Fire Department for fire suppression purposes unless the person first secures a permit for the use from the Fire Official and the water company having jurisdiction. This section shall not apply to the use of the hydrants by a person employed by, and authorized to make the use by, the water company having jurisdiction.
(`90 Code, § 8-26) (Ord. 2828, passed 11-3-87)
The Fire Prevention Code Official shall recommend to the chief administrative official of the municipality the location or relocation of new or existing fire hydrants and the placement or replacement of inadequate water mains located upon public property and deemed necessary to provide an adequate fire flow and distribution pattern. Afire hydrant shall not be placed into or removed from service until approved by the Fire Prevention Code Official.
(`90 Code, § 8-27) (Ord. 2828, passed 11-3-87)
(A) All new and existing ship yards, oil storage plants, lumber yards, amusement or exhibition parks, and educational or institutional complexes and similar occupancies and uses involving high fire or life hazards, and which are located more than 150 feet from a public street or which require quantities of water beyond the capabilities of the public water distribution system shall be provided with properly placed fire hydrants. The fire hydrants shall be capable of supplying fire flows as required by the Fire Prevention Code Official and shall be connected to a water system in accordance with accepted engineering practices. The Fire Prevention Code Official shall designate and approve the number and location of fire hydrants.
(B) The Fire Prevention Code Official may require the installation of sufficient fire hose and equipment housed in accordance with the approved rules and may require the establishment of a trained fire brigade when the hazard involved requires such measures. Private hydrants shall not be placed into or removed from service until approved by the Fire Prevention Code Official.
(`90 Code, § 8-28) (Ord. 2828, passed 11-3-87)
A person shall not obstruct, remove, tamper with or otherwise disturb any fire hydrant or fire appliance required to be installed or maintained under the provisions of the Fire Prevention Code, except for the purpose of extinguishing fire, training or testing purposes, recharging or making necessary repairs, or when permitted by the Fire Prevention Code Official. Whenever a fire appliance is removed as herein permitted, it shall be replaced or reinstalled as soon as the purpose for which it was removed has been accomplished. Defective and nonapproved fire appliances or equipment shall be replaced or repaired as directed by the Fire Prevention Code Official.
(`90 Code, § 8-29) (Ord. 2828, passed 11-3-87)
(A) A person shall not sell, trade, loan or give away any form, type or kind of fire extinguisher which is not approved by the Fire Prevention Code Official, or which is not in proper working order, or the contents of which do not meet the requirements of the Fire Prevention Code Official.
(B) The requirements of this section shall not apply to the sale, trade or exchange of obsolete or damaged equipment for junk when the units are permanently disfigured or marked with a permanent sign identifying the unit as junk.
(`90 Code, § 8-30) (Ord. 2828, passed 11-3-87)
A person or persons shall not erect, construct, place or maintain any fences, gates, chains, bars, pipes, wood or metal horses or any other type of obstruction in or on any street within the boundaries of the municipality. The word street, as used herein, shall mean any roadway accessible to the public for vehicular traffic, including, but not limited to private streets or access lanes, as well as all public streets and highways within the boundaries of the municipality.
(`90 Code, § 8-31) (Ord. 2828, passed 11-3-87)
(A) The Fire Chief or duly authorized representative charged with the enforcement of this code, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage to persons or property as a result of any act required or permitted in the discharge of official duties. Any suit instituted against any office or employee because of an act performed in the lawful discharge or duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings.
(B) The Code Official or any subordinates of the Code Official shall not be liable for costs in any action, suit or proceeding that is instituted in pursuance of the provisions of this code and any official, officer or employee, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of the official duties in connection therewith.
(`90 Code, § 8-32) (Ord. 2828, passed 11-3-87)
The jurisdiction shall not be liable under this code for any damage to persons or property, by reason of the inspection or reinspection of buildings, structures or equipment authorized herein, or failure to inspect or reinspect the buildings, structures or equipment or by reason of the approval or disapproval of any building, structure or equipment authorized herein.
(`90 Code, § 8-33) (Ord. 2828, passed 11-3-87)
The Fire Department of the city is hereby authorized and directed to respond to all fire calls outside the city limits to property within a distance of five miles from the nearest public fire station. Distances from fire station and public fire hydrants to risk must be measured over highways accessible to fire apparatus. The Fire Chief, or in his or her absence, the Assistant Fire Chief, for good cause, may authorize fire calls outside of the five-mile limit above set forth. The Fire Chief may for the mutual benefit of the city and other communities, enter into reciprocating agreements with other communities.
(`90 Code, § 8-34) (Ord. 2828, passed 11-3-87)
Any person, firm or corporation who violates any provision of this chapter shall be guilty of an offense, and upon conviction thereof, shall be fined as set forth in this code of ordinances. Each day upon which a violation continues shall constitute a separate offense.
(`90 Code, § 8-35) (Ord. 2828, passed 11-3-87)
Arraignment; pleading, see § 12-24