Section
General Provisions
92.01 Fireworks
Fire Prevention Code
92.20 Title
92.21 Purpose
92.22 Application
92.23 Adoption of fire prevention codes by reference
92.24 Enforcement authority
92.25 Inspections
92.26 Right of entry
92.27 Investigation of fires and other incidents
92.28 Fire records; reports
92.29 Violations; orders
92.30 Administrative review; appeals
92.31 Remedies
92.32 Obstruction of fire protection equipment
92.33 Emergency lanes
92.34 Transporting, loading or off-loading hazardous materials
Open Burning
92.40 General
92.41 Prohibited materials
92.42 Rule adoption, more stringent
92.43 Applicability, non-applicability
92.44 Definitions
92.45 Open burning; fire types exempted
92.46 Open burning fires; general rules and requirements
92.47 Open burning fires; specific rules and requirements by type of fire
92.48 Enforcement
92.49 Conflicts; exceptions
92.50 Adopted, referenced, and related standards, regulations, codes and documents
92.99 Penalty
GENERAL PROVISIONS
(A) Every fireworks display shall be handled by a qualified operator to be approved by the Chief of the Fire Department, and shall be so located, discharged, or fired as, in the opinion of the Chief of the Fire Department after proper inspection, is not hazardous to property or person. Applications for permits must be made in writing or an electronic format at least 15 days in advance of the date of display. A permit granted under this section is not transferable. No operator who has a prior conviction under this chapter may operate any display for one year after the conviction. (IC 22-11-14-2)
(B) The Common Council shall require a certificate of insurance conditioned for the payment of all damages which may be caused either to a person or persons in an amount of not less than $1,000,000, and to property in an amount of not less than $100,000, by reason of the licensed display, and arising from any acts of the licensee, his agents, employees, or subcontractors. However, the Common Council may in its discretion require additional amounts of insurance coverage, not to exceed $100,000 for damages caused to a person or persons, or $100,000 for damage to property. (IC 22-11-14-3(a))
(Am. Ord. 1997-11, passed 8-19-97; Am. Ord. 2017-7, passed 7-5-17) Penalty, see § 92.99
Statutory reference:
Fireworks control, see IC 22-11-14-1 through 22-11-14-10
FIRE PREVENTION CODE
The purpose and the intent of this code is to prescribe minimum requirements and controls to safeguard life, property, or public welfare from the hazards of fire and explosion arising from the storage, handling, or use of substances, materials, or devices and from conditions hazardous to life, property, or public welfare in the use or occupancy of buildings, sheds, tents, lots, or premises.
(Ord. 1988-18, passed 11-15-88; Am. Ord. 2017-7, passed 7-5-17)
(A) (1) The provisions of this code and the building and fire safety rules of the Indiana Fire Prevention and Building Safety Commission shall apply equally to new and existing buildings and conditions.
(2) Exceptions:
(a) Existing conditions that do not constitute a distinct hazard to life or property.
(b) The transportation of any articles or substance under the jurisdiction of and in compliance with the regulations prescribed by the military forces of the United States.
(B) Nothing in this code shall be construed, interpreted, or applied to abrogate, nullify, or abolish any law, ordinance, or code adopted by the city governing the construction, alteration, addition, repair, removal, demolition, use, location, occupancy, and maintenance of buildings specifically provided herein. When any provision of this code is found to be in conflict with any building, zoning, safety, health, or other applicable law, ordinance, or code of the city existing on the effective date of this code or hereafter adopted, the provision which establishes the higher standard for the promotion and protection of the safety and welfare of the public shall prevail.
(C) The planning, design, and construction of new buildings and structures to provide egress facilities, fire protection, and built-in fire protection equipment shall be controlled by the building rules of the Indiana Fire Prevention and Building Safety Commission; and any alterations, additions, or changes in buildings required by the provisions of this code which are within the scope of the said building rules shall be made in accordance therewith.
(D) Buildings built under and in full compliance with the building and fire safety laws and rules in force at the time of construction or alteration thereof, and that have been properly maintained and used for such use as originally permitted, shall be exempt from the requirements of this code pertaining to any of the following matters:
(1) Fire protection of structural elements.
(2) Exits required, except as provided for existing buildings under this code.
(3) Isolation of hazardous operations and mixed uses; provided, however, that the Fire Chief shall require the installation of fire safety devices or systems (fire extinguishers, fire alarms, fire detection devices, or similar systems) where they are necessary to provide safety to life. In lieu of requiring the installation of safety devices or systems or when necessary to secure safety in addition thereto, the Fire Chief shall prescribe limitations on the handling and storage of materials and substances or upon operations that are liable to cause fire, contribute to the spread of fire, or endanger life or property. Any orders issued by the Fire Chief to obtain compliance with this division shall be governed by the provisions of IC 36-8-17-9(d).
(Ord. 1988-18, passed 11-15-88; Am. Ord. 2017-7, passed 7-5-17)
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