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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, explosion and air pollution 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, structures, sheds, tents, lots or premises.
(Ord. 31-1988, passed 8-2-1988)
(A) 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. Exceptions:
(1) Existing conditions which do not constitute a distinct hazard to life or property;
(2) The transportation of any articles or substances 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; 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 or 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 subsection shall be governed by the provisions of I.C. 36-8-17-10.
(Ord. 31-1988, passed 8-2-1988)
(A) The following fire safety rules of the Indiana Fire Prevention and Building Safety Commission as set out in Article 22 of Title 675 of the Indiana Administrative Code are incorporated by reference in this code and shall include later amendments to that Article as the same are published in the Indiana Register or the Indiana Administrative Code with effective dates as fixed therein: Article 22, Fire Prevention Codes:
(1) Indiana Flammable and Combustible Liquids and Gases Code;
(2) Indiana Fire Prevention Code.
(B) Copies of adopted fire safety rules, codes and standards are on file in the office of the Fire Prevention Bureau and City Clerk.
(Ord. 31-1988, passed 8-2-1988)
It shall be the duty and responsibility of the Chief of the Fire Prevention Bureau or such officer or designee who is an ex officio assistant to the State Fire Marshal under I.C. 36-8-17-5(a) to enforce the provisions of this code. The designated enforcement officer of this code is herein referred to as the “Fire Prevention Chief.”
(Ord. 31-1988, passed 8-2-1988)
The Fire Prevention Chief shall cause to be inspected all structures and premises except the interiors of private single-family dwellings and dwelling units in two-family and multi-family dwellings for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, contribute to the spread of fire, interfere with fire fighting operations, endanger life or any violations of the provisions or intent of this code affecting fire safety.
(Ord. 31-1988, passed 8-2-1988)
(A) All owners of commercial property, new industrial structures, new commercial structures or existing commercial or industrial structures shall establish emergency lanes in accordance with Fire Department regulations to provide the Fire Department with access to the structure or property.
(B) All such emergency lanes under this statute shall comply with the following requirements.
(1) Location and marking of the lane shall be in accordance with National Fire Protection Association Standards and subject to the approval of the Fire Prevention Chief.
(2) Emergency lanes shall be approximately 20 feet in width.
(3) Emergency lanes shall be marked with appropriate yellow marks and lines. Signs designating the emergency lane shall contain the words “No Parking - Fire Lane” or other words approved by the Fire Prevention Chief and shall be placed at least every 50 feet along the curb or side of building wherein the lanes are established. These signs shall be a minimum of 12” x 18” high with two inch high letters. The letters shall be red in color on a white background. The owner of the commercial property shall bear the cost of all signs and markings of the emergency lanes and curbs.
(C) No person shall stop, stand or park any vehicle other than an emergency vehicle, whether attended or unattended, in any emergency lane established according to the provisions of this section.
(D) Police officers or fire officials of the city shall remove or cause the removal of any vehicle from any emergency lane established in accordance with this section. The removed vehicle shall pay reasonable towing and storage charges before the vehicle may be released.
(E) The following situations constitute exceptions to this chapter:
(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 may stand in any emergency lane while loading or unloading;
(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 as to conflict with the establishing of emergency lanes, except when they cannot be complied with in accordance to this chapter.
(Ord. 31-1988, passed 8-2-1988)
(A) Purpose. This section is designed to control the burning of certain combustible and noncombustible material in the open air or in containers, furnaces or similar appurtenances causing the emission of smoke, offensive odors, fumes, gases, soot or other pollutants which interfere with the enjoyment by the people of the city of life and property.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADEQUATE CONTAINER. A non- combustible 55 gallon barrel or drum sufficiently vented to induce adequate primary combustion air with enclosed sides, a bottom and a mesh covering with openings no larger than 1/4” square.
AIR POLLUTANTS. Any substances such as cinder fly ash, smoke fumes, gas mist and offensive odors.
AIR POLLUTION. The presence in the outdoor atmosphere of substances in quantities, having characteristics and being of duration which are with reasonable certainty injurious to human life and property or which unreasonably interfere with the enjoyment of life and property due to the emission of odors, vapors, liquids or gases.
COMBUSTIBLE MATERIALS. Any waste or substance which is easily inflammable such as tree
leaves, papers, cartons, paper boxes, dry limbs or dry grass cuttings.
ENFORCEMENT OFFICER. The Fire Prevention Chief. The terms FIRE CHIEF and FIRE PREVENTION CHIEF shall include their designated agents.
NONCOMBUSTIBLE MATERIALS. Any waste material or substance not easily inflammable, such as clothing, bedding, garbage, fresh grass cuttings, fresh tree leaves, mattresses, tires or other rubber products, automobile hulks, furniture, rugs, rags, cans, waste foodstuff, dead animals, animal excrement, sawdust and any material which is subject to slow combustion usually emitting smoke, offensive odors, fumes, gases or similar pollutants.
NUISANCE. Environmental conditions, intermittent or continuous, produced or correctable by a person, prejudicial to the reasonable enjoyment of health, comfort or safety of an individual or causing injury or damage to persons and property.
OPEN BURNING. Any fire from which the products of combustion are emitted directly into the outdoor atmosphere, the burning on the ground or in metal containers or appurtenances other than adequate containers.
SMOKE. Any small gas borne particles resulting from incomplete combustion and present in sufficient quantity to be visually observable.
SOURCE. Any real or personal property or person contributing to air pollution.
VIOLATOR. A person contributing to air pollution in violation of standards established in this section.
(C) Open burning. Open burning is permitted only in the following instances:
(1) Outdoor cooking;
(2) Camp fires and scouting activities with prior approval of the Marion Fire Department or the Marion Fire Prevention Bureau.
(D) Burning of combustible materials. Burning of combustible materials in an adequate container is permitted only in the following instances:
(1) The burning takes place on property which contains either no buildings or structures or which contains a residential structure with no more than two units. No burning may take place in apartment complexes or mobile home parks;
(2) The burning takes place at a distance of five or more feet from any combustible product, including buildings, automobiles or any structure;
(3) The burning does not take place on the sidewalks, streets or on the grounds in front of the building.
(E) Restrictions. Burning of combustible materials and open burning are subject to the following restrictions:
(1) Only wood and paper products shall be burned;
(2) Fires shall be attended at all times until completely extinguished;
(3) Fires shall be extinguished if the Fire Prevention Chief or his or her designee determines that they are a nuisance, fire hazard or air pollution problem;
(4) All burning of combustible materials in adequate containers described above must occur between 6:00 a.m. and 7:00 p.m. and shall be totally extinguished at 7:00 p.m. If the daylight hours end before 7:00 p.m., the fire must be extinguished when the daylight hours end;
(5) No burning shall be conducted during unfavorable meteorological conditions such as temperature inversions, high winds or air stagnation. The Fire Prevention Chief may determine that meteorological conditions are unfavorable for burning and may order that any and all fires be extinguished at such times;
(6) An individual may obtain a variance from this chapter from the Indiana Office of Air Management in accords with the regulations of the Indiana Office of Air Management. The Fire Prevention Bureau will keep state variance forms and will distribute these to any party interested in a variance from this chapter. The Fire Prevention Chief may assist the party in preparing and submitting the application for a variance;
(7) The burning of structures for the purpose of fire training shall in all cases meet Indiana Air Management regulations, and appropriate variances shall be obtained by the Fire Prevention Bureau from the state for such activities.
(Ord. 31-1988, passed 8-2-1988)
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