CHAPTER 8:  FIRE CODE ENFORCEMENT
Section
   8-1   State code adopted
   8-2   Rules and regulations
   8-3   Violation of chapter
   8-4   Enforcement of code
   8-5   Items covered by fire code
   8-6   Investigations required
   8-7   Inspection requirements for permits
   8-8   Periodic inspections of premises
   8-9   Removal of fire hazards
   8-10   Records required
   8-11   Annual report required
   8-12   Responsibility for recommended changes to the code
   8-13   Provision application
   8-14   Preservation/protection of public health, safety and welfare
   8-15   Bonfires, rubbish fires and charcoal grills
   8-16   Violation remedies
   8-17   Authority for fee schedule
§ 8-1  STATE CODE ADOPTED.
   As ordained in Building Regulations § 7-2, the latest edition of the Fire Prevention Code as adopted by the State Building Code Council and as amended, is hereby adopted by reference as fully as though set forth in this chapter.
(Ord. 2012-3, passed 6-7-2012)
§ 8-2  RULES AND REGULATIONS.
   The purpose of this chapter is to provide the town with rules and regulations to improve public safety by promoting the control of fire hazards; to regulate the installation, use and maintenance of equipment; to regulate the use of structures, premises and open areas; to provide for the abatement of fire hazards; to establish the responsibilities and procedures for code enforcement; and to set forth the standards for compliance and achievement of these objectives.
(Ord. 2012-3, passed 6-7-2012)
§ 8-3  VIOLATION OF CHAPTER.
   It shall be unlawful for any person to violate this chapter, to permit or maintain such a violation, to refuse to obey any provision thereof or to fail or refuse to comply with any such provisions or regulations except as variation may be allowed by the action of the Fire Prevention Inspectors, Fire Marshal or Fire Chief, in writing. Proof of such unlawful act or failure shall be deemed prima facie evidence that such act is that of the owner or other person in control of the premises. Prosecution or lack thereof of either by the owner, occupant or the person in charge shall not be deemed to relieve any of the others.
(Ord. 2012-3, passed 6-7-2012)  Penalty, see § 8-16
§ 8-4  ENFORCEMENT OF CODE.
   (a)   The Fire Marshal or his or her qualified designee shall be responsible for the enforcement of the State Fire Prevention Code. The Fire Marshal may detail qualified members of the Fire Department as Inspectors as shall from time to time be necessary. To assist in the performance of the responsibilities and duties placed upon the Fire Chief or Fire Marshal, a Bureau of Fire Prevention in the Fire Department is hereby created.
   (b)   This Bureau shall operate under the supervision of the Fire Marshal. The Fire Marshal shall be the administrator of the Bureau of Fire Prevention. The Fire Marshal shall be responsible for the direct administration and enforcement of the State Fire Prevention Code. The Fire Marshal may also designate such number of technical inspectors as shall from time to time be authorized by the Town Manager. Such technical inspectors shall be selected through an examination to determine their fitness for the position.
(Ord. 2012-3, passed 6-7-2012)
§ 8-5  ITEMS COVERED BY FIRE CODE.
   (a)   It shall be the duty of the officers of the Bureau of Fire Prevention to enforce all laws and ordinances of the town covering the following:
      (1)   The prevention of fires;
      (2)   The storage, sale and use of combustible, flammable or explosive materials;
      (3)   The installation and maintenance of automatic and other fire alarm systems, and fire extinguishing equipment.
      (4)   The maintenance and regulation of fire escapes;
      (5)   The means and adequacy of exit in case of fire, from factories, schools, hotels, lodging houses, asylums, hospitals, churches, halls, theaters, amphitheaters and all other places in which numbers of persons work, live or congregate, from time to time, for any purpose;
      (6)   The investigation of the cause, origin and circumstances of fires;
      (7)   The maintenance of fire cause and loss records; and
      (8)   Parking in areas designated as “no parking” areas at fire hydrants and fire lanes.
   (b)   They shall have such other powers and perform such other duties that may be set forth in other sections of this chapter, and as may be conferred and imposed from time to time by law. The Fire Marshal may delegate any powers or duties under this chapter to the Assistant Fire Marshal.
(Ord. 2012-3, passed 6-7-2012)
§ 8-6  INVESTIGATIONS REQUIRED.
   The Bureau of Fire Prevention shall investigate the cause, origin and circumstances of every fire occurring in the town by which property has been destroyed or damaged and, so far as possible, shall determine whether the fire is the result of carelessness or design. Such investigations shall begin immediately upon the occurrence of such a fire. The Fire Marshal shall take charge immediately of the physical evidence, shall notify the proper authorities designated by law to pursue the investigation of such matters, and shall further cooperate with the authorities in the collection of evidence and in the prosecution of the case. Every fire shall be reported in writing to the Fire Marshal within three days after the occurrence of the same by the Fire Department officer in whose jurisdiction such a fire has occurred. Such report shall be in such form as shall be prescribed by the Fire Marshal and shall contain a statement of all facts relating to the cause, origin and circumstances of such fire; the extent of the damage thereof and the insurance upon such property; and such other information as may be required, including the injury, death or rescue of persons.
(Ord. 2012-3, passed 6-7-2012)
§ 8-7  INSPECTION REQUIREMENTS FOR PERMITS.
   Before permits may be issued as required by this code, the Fire Marshal or the Fire Marshal’s assistants shall inspect and approve the receptacles, processes, vehicles, buildings or storage places to be used for any such purposes.
(Ord. 2012-3, passed 6-7-2012)
§ 8-8  PERIODIC INSPECTIONS OF PREMISES.
   (a)   The Fire Marshal shall inspect or cause to be inspected all premises on a periodic basis, and shall make such orders as may be necessary for the enforcement of the laws and ordinances governing the same and for safeguarding of life and property from fire.
   (b)   In accordance with § 106 of Volume V, the State Fire Prevention Code, the following inspection schedule for the town is adopted: Once every year: hazardous, institutional, high rise, assembly and residential except one- and two-family dwelling units of multifamily occupancies, educational except public schools and industrial, business, mercantile, storage, churches and synagogues.
(Ord. 2012-3, passed 6-7-2012)
§ 8-9  REMOVAL OF FIRE HAZARDS.
   (a)   Whenever any Inspector, as defined above, shall find in any building, or upon any premises or other places, combustible or explosive matter or dangerous accumulations of rubbish or unnecessary accumulation of wastepaper, boxes, shavings or any highly flammable materials especially liable to fire, and which is so situated as to endanger property, or shall find obstructions to or on fire escapes, stairs, passageways, doors or windows liable to interfere with the operations of the Fire Department or egress of occupants in case of fire, the inspector shall order the same to be removed or remedied; and such order shall forthwith be complied with by the owner or occupant of such premises or buildings, subject to the appeals procedure provided for in the State Fire Prevention Code.
   (b)   Any owner or occupant failing to comply with such order within a reasonable period after the service of the order shall be liable for penalties as hereinafter provided.
   (c)   The service of such order may be made upon the occupant of the premises to whom it is directed, either by delivering a copy of same to such occupant personally, or leaving it with any person in charge of the premises, or, in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of the premises. Whenever it may be necessary to serve such an order upon the owner of premises, such order may be served either by delivering to and leaving with the person a copy of the order, or, if such owner is absent from the jurisdiction of the officer making the order, by mailing such copy by certified mail to the owner’s last known post office address.
(Ord. 2012-3, passed 6-7-2012)
§ 8-10  RECORDS REQUIRED.
   The Fire Marshal shall compile and keep a record of all fires and of all the facts concerning the same, including injuries, deaths, rescue of persons and statistics as to the extent of such fire and the damage caused thereby, and whether such losses were covered by insurance, and if so, in what amount. Such record shall be made daily from the reports made by the technical inspectors under the provisions of this section. All such records shall be public.
(Ord. 2012-3, passed 6-7-2012)
§ 8-11  ANNUAL REPORT REQUIRED.
   The Fire Marshal shall make an annual report of the activities of the Bureau of Fire Prevention and shall transmit this report to the Town Manager. The report shall contain all proceedings under the State Fire Prevention Code.
(Ord. 2012-3, passed 6-7-2012)
§ 8-12  RESPONSIBILITY FOR RECOMMENDED CHANGES TO THE CODE.
   The Fire Chief or the Fire Marshal shall recommend any amendments to the State Fire Prevention Code or ordinance which shall be desirable.
(Ord. 2012-3, passed 6-7-2012)
§ 8-13  PROVISION APPLICATION.
   The provisions of the State Fire Prevention Code shall apply equally to both public and private property, and it shall apply to all structures and their occupancies except as otherwise specified.
(Ord. 2012-3, passed 6-7-2012)
§ 8-14  PRESERVATION/PROTECTION OF PUBLIC HEALTH, SAFETY AND WELFARE.
   This chapter shall be deemed an exercise of the police powers of the town for the preservation and protection of the public health, peace, safety and welfare; and all the provisions of the State Fire Prevention Code shall be liberally construed for that purpose.
(Ord. 2012-3, passed 6-7-2012)
§ 8-15  BONFIRES, RUBBISH FIRES AND CHARCOAL GRILLS.
   (a)   It shall be unlawful for any person to kindle or maintain any bonfire or rubbish fire or authorize any such fire to be kindled or maintained on the beaches or sand dunes of the town without the approval of the Fire Marshal.
   (b)   There shall be no charcoal grills permitted on the beach, sand dunes or within ten feet of combustible material. Other grills may be used with the approval of the Fire Marshal.
(Ord. 2012-3, passed 6-7-2012)  Penalty, see § 8-16
§ 8-16  VIOLATION REMEDIES.
   Any person who shall violate any of the provisions of the State Fire Prevention Code or shall fail to comply therewith or shall violate or fail to comply with any order made thereunder or shall build in violation of any details, statements, specifications or plans submitted or approved thereunder or shall operate not in accordance with the provisions of any certificate, permit or approval issued thereunder and from which no appeal has been taken or who shall fail to comply with such an order as affirmed or modified by the Fire Marshal or by a court of competent jurisdiction within the time fixed herein shall severally for each and every violation and noncompliance, respectively, be guilty of a misdemeanor punishable by a fine of not to exceed $500 or by imprisonment not to exceed six months, or both such fine and imprisonment in the discretion of the court. The imposition of a penalty for any violation shall not excuse the violation, nor shall the violation be permitted to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, the application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
(Ord. 2012-3, passed 6-7-2012)
§ 8-17  AUTHORITY FOR FEE SCHEDULE.
   The Board of Aldermen may establish a schedule of fees for the permits, certificates, approvals and other functions performed under this code and shall be payable to the town. Such fees shall accompany each application for the permit, approval, certificate or other fee-related code provisions.
(Ord. 2012-3, passed 6-7-2012)