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The Fire Chief, or an authorized designee, shall investigate, or cause to be investigated, every fire, explosion or hazardous materials incident occurring within the jurisdiction of the Fire Department pursuant to IC 36-8-17-7, which is adopted by reference herein.
(Ord. 1988-18, passed 11-15-88; Am. Ord. 2017-7, passed 7-5-17)
(A) The Fire Chief shall keep a record of all fires and all facts concerning the same, including investigation findings, statistics, and information as to the cause, origin, and the extent of such fires, and damage caused thereby.
(B) The Fire Chief shall submit a report of each fire occurring within the city to the office of the State Fire Marshal in accordance with IC 36-8-17-7, and in such form as prescribed by that office.
(Ord. 1988-18, passed 11-15-88; Am. Ord. 2017-7, passed 7-5-17)
(A) Whenever the Fire Chief observes an apparent or actual violation of a provision of this code or other ordinances under the Fire Chief’s jurisdiction, the Fire Chief shall prepare a written notice of violation and order describing the condition deemed unsafe, and specifying a reasonable time for the required repairs or improvements to be made to correct such violation. The written notice of violation of this code shall be served upon the owner, a duly authorized agent, or upon the occupant or other person responsible for the conditions under violation. Such notice of violation shall be served either by delivering a copy of same to such person by ordinary mail to the last known post office address, delivered in person or by delivering it to and leaving it in the possession of any person in charge of the premises, by affixing a copy thereof, in a conspicuous place at the entrance door or avenue of access; and such procedure shall be deemed the equivalent of personal notice.
(B) If the notice of violation and order is not complied with within the time specified by the Fire Chief, and if no review of such order has been initiated under IC 36-8-17-10, the Fire Chief shall request the legal counsel of the city to institute the appropriate legal proceedings to restrain, correct, or abate such violation, or to require removal or termination of the unlawful use of the building or structure in violation of the provisions of this code, or of any order or direction made pursuant thereto.
(C) Temporary or emergency orders issued by the Fire Chief under IC 36-8-17-9(b) shall first be approved by the State Fire Marshal.
(D) When, in the opinion of the Fire Chief, there is actual or potential danger to the occupants or those in the proximity of any building, structure, or premises because of unsafe structural conditions, or inadequacy of any means of egress, the presence of explosives, explosive fumes or vapors, or the presence of toxic fumes, gases, or materials, the Fire Chief may issue an emergency order, with oral approval of the State Fire Marshal, for the immediate evacuation of said building, structure, or premises. All of the occupants so notified shall immediately leave the building, structure, or premises, and persons shall not enter or reenter until authorized to do so by the Fire Chief. Any person who shall refuse to leave, interfere with the evacuation of other occupants, or continue any operation after having been given an evacuation order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be deemed in violation of this code.
(Ord. 1988-18, passed 11-15-88; Am. Ord. 2017-7, passed 7-5-17) Penalty, see § 92.99
(A) A person who is aggrieved by an order issued pursuant to § 92.29 or IC 36-8-17-9, shall have an opportunity to informally discuss the order with the State Fire Marshal, who may modify or reverse the order.
(B) An order issued pursuant to § 92.29
or IC 36-8-17-9, or an order affirmed or modified by the State Fire Marshal, may be appealed to the Indiana Fire Prevention and Building Safety Commission under IC 4-21.5-3-7.
(Ord. 1988-18, passed 11-15-88; Am. Ord. 2017-7, passed 7-5-17)
The City Attorney, upon receipt of a written notice from the Fire Chief, that having been issued a lawful notice and order to abate a violation of this code, and after a reasonable time for compliance has expired, shall bring action in the circuit or county court, for the mandatory and injunctive relief in the enforcement of and to secure compliance with any order or orders made by the Fire Chief, and any such action for mandatory or injunctive relief may be joined with an action to recover the penalties provided for in this subchapter.
(Ord. 1988-18, passed 11-15-88; Am. Ord. 2017-7, passed 7-5-17)
(A) No person shall place or keep any post, fence, vehicle, growth, trash, storage, or other material or thing near any fire hydrant, fire department connection or fire protection system control valve that would prevent such equipment or hydrant from being immediately discernable or in any other manner deter or hinder the fire department from gaining immediate access to said equipment or hydrant.
(B) A minimum three-foot clear space shall be maintained around the circumference of the fire hydrants except as otherwise required or approved by the Fire Chief. Written notice will be given to the registered property owner to have obstructions removed. The property owner will have 14 calendar days to remove the obstruction and notify the Fire Department when the removal is complete. If the property owner cannot remove the obstruction within the allotted time, they must present their reason for noncompliance to the Board of Public Works and Safety.
(Ord. 1995-12, passed 6-6-95; Am. Ord. 2017-7, passed 7-5-17) Penalty, see § 92.99
(A) The city is authorized to require the establishment and maintenance of emergency lanes on private commercial property.
(B) Location and marking of emergency lanes upon commercial property shall be subject to the approval of the Chief of Police and the Chief of the Fire Department.
(C) Emergency lanes shall be approximately 15 feet in width, and shall be marked with appropriate yellow marks or lines. Signs designating the emergency lanes shall be marked “No Parking - Emergency Lane”, and shall be placed every 50 feet along the curb or side of the building where the lanes are established. The signs shall be of the size and marking that conforms to state law.
(D) It shall be the responsibility of the owner of the commercial property to bear the cost of the signs and the marking of the emergency lanes and curbs.
(E) Police officers or the fire officials of the city shall cause the removal of any vehicle from any emergency lane established in accordance with this section. The removed vehicle shall be impounded into a storage yard. The owner of the vehicle shall pay reasonable towing and storage charges before the vehicle is released.
(F) No person shall stop, stand or park any vehicle other than an emergency vehicle, whether attended or unattended, in any emergency lane established in accordance to the provisions of this section.
(G) This section shall not apply to the following:
(1) Those vehicles displaying a state disabled or other disabled identifying insignia, or by the attesting officer's certain knowledge of the person in question being disabled or handicapped.
(2) All areas already established and marked as handicapped parking shall remain as placed and marked, and shall not be moved or changed in any manner so as to conflict with the establishing of emergency lanes, except when they cannot be complied with in accordance of division (B) of this section.
(Ord. 2017-7, passed 7-5-17) Penalty, see § 92.99
(A) No truck, trailer, semitrailer or railcar transporting flammable liquids, explosives, or highly combustible materials shall be permitted to park on any street, alley, public highway or railway within the corporate limits of the city, except in extreme emergency to make emergency repairs, for such emergency stops as may be necessary during transit, and for regular unloading or delivery operations.
(B) No truck, trailer, semitrailer or railcar transporting flammable liquids, explosives or highly combustible materials shall be permitted to park on private property within the residential districts or the commercial districts of the corporate limits of the city, except in extreme emergency to make emergency repairs, for such emergency stops as may be necessary during transit, and for regular unloading or delivery operations.
(Ord. 2017-7, passed 7-5-17) Penalty, see § 92.99
OPEN BURNING
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