CHAPTER 7: FIRE REGULATIONS
   Article
      1.   FIRES
      2.   FIRE PREVENTION
      3.   EXPLOSIVE MATERIALS
      4.   PENAL PROVISION
ARTICLE 1: FIRES
Section
   7-101   Preservation of property
   7-102   Disorderly spectator
   7-103   Equipment
   7-104   Interference
   7-105   Obstruction
   7-106   Driving over hose
   7-107   Traffic
   7-108   False alarm
   7-109   Pedestrians
§ 7-101  PRESERVATION OF PROPERTY.
   The Fire Chief, or any officer in charge of the Fire Department, shall have the authority and power to cause the removal of property whenever it shall become necessary for the preservation of more valuable property, the protection of human life or to prevent the spreading of fire to adjoining property. The Fire Chief may direct the municipal firefighters to remove any building, structure or fence for the purpose of checking the progress of any fire. The Fire Chief shall have the authority to blow up, or cause to be blown up, with explosives any building or structure during the progress of a fire for the purpose of checking the progress of the same. The Chief shall have control of the police and of all other persons present. He or she may appoint persons to assist in the protection of property who shall, on his or her recommendation, be compensated by the City Council for any services rendered.
(2005 Code, § 7-101)
§ 7-102  DISORDERLY SPECTATOR.
   (A)   It shall be unlawful for any person during the time of a fire and for a period of 36 hours after its extinguishment to hinder, resist or refuse to obey the Municipal Fire Chief, in any matter relating to said fire, or to act in a noisy or disorderly manner.
   (B)   The Fire Chief and Assistant Fire Chief shall have the power and authority during such time to arrest or command any such person to assist them in the performance of their official duties.
(2005 Code, § 7-102)
§ 7-103  EQUIPMENT.
   It shall be unlawful for any person 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 municipality; provided, however, this section shall not apply to the Fire Chief and members of the Municipal Fire Department when performing their prescribed duties.
(2005 Code, § 7-103)
§ 7-104  INTERFERENCE.
   It shall be unlawful for any person or persons to hinder or obstruct the Municipal Fire Chief or the members of the Fire Department in the performance of his, her or their duty.
(2005 Code, § 7-104)
§ 7-105  OBSTRUCTION.
   It shall be unlawful for any person to obstruct the use of a fire hydrant, or have or place any material within 15 feet of the said hydrant. Any vehicle or material found as an obstruction may be immediately removed by the Fire Chief or any member of the Fire Department, at the risk, cost and expense of the owner or claimant. It shall also be unlawful for any unauthorized person to tamper with or turn on any fire hydrant within the municipality.
(2005 Code, § 7-105)
§ 7-106  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.
(2005 Code, § 7-106)
§ 7-107  TRAFFIC.
   Every vehicle already stationary when the fire alarm shall have been sounded must remain so for a period of five minutes after the sounding of the fire alarm. No vehicle, except by the specific direction of the Fire Chief or Assistant Fire Chief, shall follow, approach or park closer than 500 feet to any fire vehicle, or to any fire hydrant to which a hose is connected. Nothing herein shall be construed to apply to vehicles carrying doctors, members of the Fire Department or emergency vehicles. The Fire Department shall have the right-of-way upon any street, alley or highway when going to or returning from fires, held under the direction or by order of the Fire Chief. When fires occur, the Chief of the Fire Department, Chief of Police or any officer specially deputized shall have the power to close any street or highway or public place adjacent to such fire.
(2005 Code, § 7-107)
§ 7-108  FALSE ALARM.
   It shall be unlawful for any person to intentionally and without good and reasonable cause raise any false alarm of fire.
(2005 Code, § 7-108)
§ 7-109  PEDESTRIANS.
   It shall be unlawful for any pedestrian to enter or remain in any street after a fire alarm shall have sounded until the fire trucks shall have completely passed.
(2005 Code, § 7-109)
ARTICLE 2: FIRE PREVENTION
Section
   7-201   Fire Prevention Code
   7-202   Fire Code enforcement
   7-203   Inspections
   7-204   Fire limits; defined; materials
   7-205   Permitted repairs
   7-206   Ironclads prohibited
   7-207   Fires prohibited
   7-208   Fires regulated
§ 7-201  FIRE PREVENTION CODE.
   Incorporated by reference into this code are standards set forth by the International Code Council known as the International Fire Code, 2018 Edition (IFC 2018) and all subsequent amendments. This code shall have the same force and effect as if set out verbatim herein. One copy of the 2018 International Fire Code is on file with the Municipal Clerk and shall be available for public inspection at any reasonable time during normal business hours.
(2005 Code, § 7-201)
§ 7-202  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.
(2005 Code, § 7-202)
§ 7-203  INSPECTIONS.
   It shall be the duty of the Chief of the Fire Department, when directed to do so by the Mayor and City Council, as often as may be necessary, but not less than twice a year, in outlying districts and four times a year in the closely built portions of the city, to inspect or cause to be inspected by Fire Department officers or members or some officer of the city chosen by the Mayor and City Council, all buildings, premises and public thoroughfares, except the interiors of private dwellings, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire or any violations of the provisions or intent of any regulations of the city affecting the fire hazard. The Chief of the Fire Department shall report in detail to the State Fire Marshal the owners or occupiers of buildings or premises who shall fail or neglect to correct, within five days, any condition found by him or her upon inspection, liable to cause fire.
(2005 Code, § 7-203)
§ 7-204  FIRE LIMITS; DEFINED; MATERIALS.
   (A)   The following described territory in the municipality shall be and constitute the fire limits: all portions which shall comprise the area designated as C-2 District in the zoning ordinance, the location and boundaries of which shall be found on the map entitled “Zoning Map of the City of Holdrege” on file in the office of the City Clerk.
(2005 Code, § 7-204)
   (B)   Within the aforesaid fire limits, no structure shall be built, altered, moved or enlarged unless such structure will be enclosed with walls constructed wholly of stone, well-burned brick, terra cotta, concrete or other masonry material.
(2005 Code, § 7-205)
§ 7-205  PERMITTED REPAIRS.
   It shall be unlawful for any person to repair, alter or add to any building in the fire limits where the repair is less than 50% of the building unless the said person shall first submit an application to the Building Inspector to make such repairs, alterations or to add to any building and shall state on the application that the material used will be non-combustible and approved by the Building Inspector. Repairs in the form of patching and other minor repairs shall not require a permit. In the event that the repairs, alteration or addition is to involve more than 50% of the building, the owner shall be required to apply for a new building permit which shall state that the building, when completed, shall be fire- proof and made of non-combustible materials.
(2005 Code, § 7-206)
§ 7-206  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 within the fire limits of § 7-204(A) of this article shall hereafter be prohibited.
(2005 Code, § 7-207)
§ 7-207  FIRES 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.
(2005 Code, § 7-208)
§ 7-208  FIRES REGULATED.
   (A)   No person shall build, cause or allow any fire and no person, owner, lessor or occupant shall authorize or permit any fire on private land within the city limits, except:
      (1)   Within a fireplace, cooking or heating appliance, within an enclosed building;
      (2)   The preparation of food;
      (3)   A fire-proof incinerator approved by the Building Inspector in accordance with the Uniform Building, Uniform Mechanical and Uniform Fire Codes; and
      (4)   At the city landfill by city officials.
   (B)   Open burning within the city other than the above may be permitted only when written approval has been secured from the Fire Chief; provided, they shall not be set out or located in such a manner as to endanger buildings or property and such permit is issued in accordance with state statutes and regulations of the Uniform Fire Code.
   (C)   The following shall not be burned under permit or otherwise:
      (1)   Garbage, defined as putrescible waste, except sewage and body waste; all vegetable and animal offal; all waste resulting from preparation of food or table refuse or waste; all accumulation of animal, vegetable or other matter that attends the preparation, consumption, decay, dealing in or storage of meats, fish, fowls, vegetables or other food materials;
      (2)   Plastic or foam or any material containing plastic or foam; and
      (3)   Petroleum oils or fuels, rubber or asphalt products.
   (D)   Within the city, it shall be prima facie evidence that the person who owns, controls or occupies property on which burning occurs has caused or permitted said burning.
(2005 Code, § 7-209)
ARTICLE 3: EXPLOSIVE MATERIALS
Section
   7-301   Permit required
   7-302   Liquefied petroleum gases; definition
   7-303   Regulation
   7-304   Personal use
   7-305   Fireworks
§ 7-301  PERMIT REQUIRED.
   (A)   No person shall erect or use any building or tank for storing of quantities of dynamite, nitroglycerine, giant power or explosives in the city, unless such person obtains a permit therefor from the Mayor and City Council.
   (B)   No person shall erect or use any building or tank for storing kerosene, gasoline or other petroleum products in quantities or in barrels for the purpose of carrying on the oil business, within the city, unless such person obtains a permit. Such permit shall specify the exact location where such storage tanks may be placed or where and under what conditions such oil and gasoline in barrels may be stored. The Mayor and City Council, at any time the public good demands, may order the removal of such tanks and buildings.
(2005 Code, § 7-301)
§ 7-302  LIQUEFIED PETROLEUM GASES; DEFINITION.
   (A)   For the purpose of this section, the term LIQUEFIED PETROLEUM GASES shall mean and include any material which is composed predominantly of any of the hydrocarbons of propane, butanes (normal butane or iso-butane) and butylenes or mixtures of them.
   (B)   The construction, design, location and operation of liquefied petroleum gas installations, installations utilizing containers of such liquefied petroleum gases and the transportation of such liquefied petroleum gases within the city shall be according to rules and regulations promulgated by the State Fire Marshal for the storage and handling of liquefied petroleum gases. A copy of such rules and regulations is on file in the office of the City Clerk and such rules and regulations are hereby incorporated in and made a part of this article by reference, the same as though set forth herein.
   (C)   It shall be unlawful to erect and maintain within the city limits storage or storage tanks of liquefied petroleum gas without the proper installation of all equipment according to all laws and regulations of the State Fire Marshal relating to storage of liquefied petroleum gas.
   (D)   Liquefied petroleum gas tanks shall be installed according to the following rules and regulations.
      (1)   Tanks 100 gallons to 500 gallons shall be a minimum of ten feet from any building structure, AC/heating unit or lot line.
      (2)   Tanks 501 gallons and up shall be a minimum of 50 feet from any building structure, AC/heating unit or lot line.
      (3)   No tank will be located in the front yard or side yard if adjacent to a street, as defined in the municipal code.
      (4)   Proper filing of a permit from the Municipal Services Director shall be required. Paper work required is as follows: a completed application form and site plan in detail showing location of tank and distances from building structures and lot lines. The fee for permit is $15.
      (5)   Distributors shall not fill an LP-gas container for which a permit is required unless a permit has been issued for that location by the Municipal Services Director.
      (6)   Tanks up to 100 pounds, (example: if tank is for a grill or camper), are exempt.
      (7)   All new installations shall be inspected by the city prior to initial filling. All new tanks will be tagged after inspection.
      (8)   These regulations include temporary tanks.
(2005 Code, § 7-302)  (Ord. 2331, passed 3-15-2011)
§ 7-303  REGULATION.
   No person shall install and operate any apparatus for dispensing gasoline, oil, kerosene, distillate or any combustible material upon or from any curb or curb space in the city or dispense by means of hose, pipe or otherwise any gasoline, oil, kerosene, distillate or any combustible material under, over, from or to any curb or curb space.
(2005 Code, § 7-303)
§ 7-304  PERSONAL USE.
   Any person may keep in buildings owned or controlled by him or her, for family or personal use, in enclosed metallic cans painted red, and free from leakage, gasoline in quantities not exceeding two gallons. All gasoline or volatile oils in excess of the above amounts shall be kept under ground and outside of any building and be handled only by some pumping system approved by the National Board of Fire Underwriters. A copy of such general regulations of such Board is on file in the office of the City Clerk and such regulations are hereby incorporated in and made a part of this chapter, the same as though set forth herein.
(2005 Code, § 7-304)
§ 7-305  FIREWORKS.
   (A)   No person shall manufacture, sell or offer for sale, give away, keep, store, use, start, discharge, set off, ignite or explode within the city any fireworks, except permissible fireworks as defined by this section. PERMISSIBLE FIREWORKS shall mean only sparklers, Vesuvius fountains, spray fountains, torches, color fire cones, star and comet type color aerial shells without explosive charge for the purpose of making noise, lady fingers not to exceed seven-eighths of one inch in length or one-eighth of one inch in diameter and total pyrotechnic composition not to exceed one-half grain each in weight, color wheels and any other fireworks determined by the state’s Fire Marshal to be safe for general use.
   (B)   This section shall not apply to the possession of pyrotechnics which are in transportation to points outside of the city or to displays of a public nature sponsored by or by virtue of a permit granted by the City Council.
   (C)   Nothing in this section shall apply to the sale, storage or use of railroad track torpedoes or other signaling devices used by railroads, nor to the sale, storage or use of flashlight composition by photographers or dealers in photographic supplies.
(2005 Code, § 7-305)
ARTICLE 4: PENAL PROVISION
Section
   7-401   Violation; penalty
§ 7-401  VIOLATION; PENALTY.
   Any person who violates any of the prohibitions or provisions of any article or section of this chapter shall be deemed guilty of a misdemeanor. Unless otherwise specified in the particular article or section for which the person stands convicted of violating, the penalty for such violation shall be in any amount not to exceed $300 in the discretion of the court.
(2005 Code, § 7-401)