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(A) It is unlawful for any person to cause, suffer or allow the open burning of grass, weeds, leaves, lumber, straw, bonfire, trash, garbage or any other combustible material, without having first obtained a burn permit from the Newport Fire/EMS Department.
(B) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
OPEN BURNING. The burning of any material in a manner that the products of the combustion resulting from the burning are emitted directly into the outdoor atmosphere without passing through a stack or chimney excepting a self-contained fire within a device commercially manufactured for such purpose.
(C) There are excepted from the provisions of this section outdoor fires for the cooking of food for human consumption, on other than commercial premises, when utilizing a grill or other device or structure for cooking.
(1995 Code, § 8.12.020) Penalty, see § 10.99
(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
PERSON. An individual, firm, partnership, joint venture, association, independent contractor, corporation (domestic or foreign), trust, estate, assignee, receiver or any other group or combination acting as a unit.
(B) All persons involved in new building construction, alterations or additions to structures of commercial, industrial, mercantile, educational, institutional, assembly, hotel, motel, multi-family or mobile home park occupancies, whether on public or private property, shall comply with the following requirements.
(1) Where water mains are accessible, no person shall start construction of the combustible stage of a structure unless and until fire lanes, of at least crushed rock construction and as approved by the Newport Fire/EMS Department, and fire hydrants of a type and manufacture approved by the Newport Fire/EMS Department and in locations approved by the Newport Fire/EMS Department are available for use and operation. Where water mains are not accessible, an adequate plan for fire protection shall be submitted to and approved by the Newport Fire/EMS Department prior to start of construction.
(2) Building plans shall show the location and placement of fire hydrants and fire lanes on both public and private property as approved by the Newport Fire/EMS Department before any actual construction is undertaken.
(3) All fire hydrants shall meet the minimum specifications and be installed in conformity with the standards and requirements of the Newport Fire/EMS Department and be constructed and maintained so as to have adequate water flow according to the standards of the Northern Kentucky Water District.
(4) No portion of any building shall be located more than 500 feet from a fire hydrant. The distance shall be measured along the shortest feasible exterior route for laying hose.
(5) All fire hydrants shall be fully accessible from approved paved driveways or fire lanes. Fire lanes and driveways shall be located and designated so that all buildings served by them are accessible to fire equipment.
(6) No fire lanes shall be blocked or obstructed at any time. All fire lanes on private property shall be marked and designated in a manner and way as approved by the Newport Fire/EMS Department.
(7) (a) Upon the completion of the construction phase of any buildings covered herein, it shall be the duty of the owner and/or operator of the property to provide for the paving and continued maintenance and repair of any and all fire lanes as have been required herein and the continued maintenance, repair and operating capabilities of any and all fire hydrants as required.
(b) The Newport Fire/EMS Department or Newport Police Department shall have the authority to enter upon private property to enforce the requirements of this section.
(8) (a) It is unlawful for any person to open or close any valve on any fire hydrant, waterpipe, or other water outlets in or on the public ways of the City or in any way to tamper with any of the pipes, hydrants, or other outlets unless the person has a written permit to do so issued in the form prescribed by the Northern Kentucky Water District.
(b) Any person opening or closing the valves, pipes, hydrants, or other outlets shall have the permit in his or her possession at all times and shall produce the same when so requested by any City or Northern Kentucky Water District employee; provided, however, that, the above prohibition shall not apply to authorized personnel in the performance of their official duties.
(9) It is unlawful for anyone to vandalize a fire hydrant in or on the public ways of the City so as to render it inoperable in any way.
(10) It is unlawful for any person to paint or, in any other way, deface or change the normal appearance of a fire hydrant.
FIRE PREVENTION CODE
(A) Adoption by reference. Pursuant to the authority in and the requirements of KRS 227.330, Administrative Regulations 815 KAR 10:040, the National Fire Code, as now adopted and hereafter amended and the standards of safety (Fire Prevention Code) promulgated by the Commissioner of the Department of Housing, Buildings and Construction of the commonwealth on the advice and recommendations of the state’s Fire Marshal and pursuant to the requirements of KRS 227.300, and the whole thereof, including all codes and standards con tained or incorporated therein by reference, together with all subsequent amendments or revisions thereto, are herein incorporated by reference, the same as if the standards of safety were specifically rewritten at length herein in words and figures, and the standards of safety are hereby approved as an ordinance of the county. Copies of 815 KAR 10:040, the standards of safety, are available to the general public through the Kentucky Department of Housing, Buildings and Construction.
(B) Applicability. The provisions of this section, and all codes and standards herein incorporated by reference, shall be the 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, structures, shed, tents, lots or premises in the City and the provisions hereof shall be liberally construed for the purpose.
(C) Exemptions. Buildings built under and in full compliance with the codes in force at the time of construction or alteration thereof and that have been properly maintained and used for the use as originally permitted shall be exempt from the requirements of this subchapter pertaining to any of the following matters, except as otherwise provided for in the standards of safety herein incorporated by reference:
(1) Fire protection of building elements, except as required for buildings under Article 4 of the standards of safety herein incorporated by reference or the Kentucky Building Code;
(2) Exits required, except as required for existing buildings under Article 4 of the standards of safety herein incorporated by reference or the Kentucky Building Code; and
(3) Isolation of hazardous operations and mixed use as required for existing buildings under the provisions of the standards of safety herein incorporated by reference or the Kentucky Building Code; provided, however, that, the code official requires the installation of fire safety devices or systems (fire extinguisher, fire protective signaling systems, automatic fire detection devices, sprinklers or similar systems) where the devices or systems are necessary to provide safety to life and property. In lieu of requiring the installation of safety devices or systems or when necessary to secure safety in addition thereto, the code official shall prescribe limitation 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.
(D) Enforcement official.
(1) The Newport Fire/EMS Department is hereby authorized to inspect property, issue permits for open burning authorized by the provisions of Article 3 of the standards of safety herein incorporated by reference, make written reports and recommend fire hazards to be remedied within its jurisdiction.
(2) It shall be the duty of the Newport Police Department to render all possible assistance in the enforcement of this subchapter and of the standards of safety herein incorporated by reference for the protection of the public. The Newport Police Department is authorized and directed to periodically enter all occupied places of public assembly for the purpose of the enforcement of provisions of this subchapter relating to overcrowding and maintenance of required exits therein and to enter upon private property to enforce required fire lane open space in parking lots containing space for 10 or more vehicles.
(E) Conflicting regulations.
(1) The standards of safety herein incorporated by reference are to be used in conjunction with existing laws, ordinances and regulations adopted or otherwise in force in the jurisdiction. Nothing contained therein shall be construed as rendering other applicable laws, ordinances or regulations invalid. However, if a conflict exists between the provision of the standards of safety and the Kentucky Building Code, the provisions of the Building Code shall prevail.
(2) Any changes, alterations or repairs in existing buildings which are required by the application of any provision of the standards of safety herein incorporated by reference shall be made in accordance with the applicable provisions of the Kentucky Building Code for the appropriate occupancy use classification.
(3) Nothing in the standards of safety herein incorporated by reference shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, liability incurred or any cause or causes of action acquired or existing, under any act of ordinance or regulations in force prior to the effective date of this subchapter.
(F) Permits.
(1) All permits required by the provisions of the standards of safety herein incorporated by reference, save and except for open burning permits under Article 3 thereof, shall be issued by the Newport Fire/EMS Department upon application in writing, signed by the owner or the occupant, as appropriate, to do so. Permits for open burning pursuant to Article 3 of the standards of safety shall be issued by the Newport Fire/EMS Department having jurisdiction over the property upon which the burning is to take place.
(G) Open burning. Open burning shall be prohibited unless authorized, in writing, by the Newport Fire/EMS Department
(1995 Code, § 8.12.040) Penalty, see § 10.99
Cross-reference:
Open burning; permit required; exception, see § 91.01
FIREWORKS
For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FIREWORKS.
(1) Any device containing chemical elements and chemical compounds, capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical or thermal effects which are useful as pyrotechnic devices for entertainment. The term shall include, but not be limited to, devices such as firecrackers, bottle rockets, roman candles, wire sparklers containing magnesium, ground spinners, cylindrical or cone fountains, illuminating torches, wheels and any aerial bombs or devices, referred to as consumer fireworks as set forth in KRS 227.702.
(2) Exemptions:
(a) Toy pistols, model rockets or other devices in which paper or plastic caps are used and novelty or trick noisemakers as defined in KRS 227.704 shall not be considered FIREWORKS.
(b) Propelling or expelling charges consisting of a mixture of sulfur, charcoal, and saltpeter are not considered as being designed for producing audible effects.
PERSON. Any natural person, individual, firm, partnership, joint venture, association, corporation or other entity.
(Ord. O-2022-008, passed 9-19-2022)
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