CHAPTER 92: FIRE PREVENTION
Section
Fire Prevention Code
   92.01   Fire Prevention Code adopted by reference
   92.02   Fire safety zone; storage of specific explosives prohibited
   92.03   Vehicles transporting explosives; permitted routes
   92.04   Authority of Fire Chief to grant variances
   92.05   Right of appeal
   92.06   Right of entry
General Provisions
   92.11   Operations at fires or other emergencies
   92.12   General provisions
   92.13   Fire alarms
   92.14   Storage tanks, information required; safety measures after fire required
Fireworks
   92.20   Definitions
   92.21   Fireworks display; certificate of insurance
   92.22   Restrictions on consumer fireworks
   92.23   Sale or distribution of consumer fireworks
Open Burning
   92.30   Open burning
 
   92.99   Penalty
FIRE PREVENTION CODE
§ 92.01 FIRE PREVENTION CODE ADOPTED BY REFERENCE.
   (A)   This chapter, and all other provisions supplemental or amendatory hereto, shall be known as the "Fire Prevention Code of the City of Union City, Indiana," may be cited as such and will be referred to herein as "this code" or "the code".
   (B)   The purpose and intent of this code is to prescribe reasonable regulations consistent with the Indiana Fire Safety Laws which provide minimum requirements and controls to safeguard life, property and 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, sheds, tents, lots or premises.
   (C)   The following fire safety rules are hereby incorporated into this code by reference and shall include any amendments to the articles or statutes referred to below as the same are published in the Indiana Register or the Indiana Administrative Code:
      (1)   Fire Prevention Codes, 675 I.A.C. 22-1 and 2.
      (2)   Administrative Section of the Fire Prevention and Building Safety Commission, 675 I.A.C. 12.
      (3)   Building Code, 675 I.A.C. 13-2.1.
      (4)   Amusement Device Code, 675 I.A.C. 23.
   (D)   The City Clerk and the Fire Chief shall maintain not less than two copies of the rules and provisions incorporated into this code as set out above along with any amendments thereto.
   (E)   The provisions of this code shall apply equally to new and existing buildings, premises and conditions.
   (F)   Nothing in this code shall be construed, interpreted or applied to abrogate, nullify or abolish any law or ordinance of the city, governing the construction, alteration, addition, repair, removal, demolition, use, location, occupancy or 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 applicable law, ordinance or code of the city presently in effect or hereafter adopted, the provision which establishes the higher standard for the protection and promotion of the safety and welfare of the public shall prevail.
   (G)   The planning, design and construction of new buildings and structures regarding the provisions of ingress and egress, fire protection and built-in fire protection equipment shall be controlled by the building codes 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 said building codes shall be made in accordance therewith.
   (H)   The Fire Chief shall have the authority to make a reasonable inspection of any operation carried out within the city limits which creates an increased probability of fire or explosion and shall, when he or his designee deems appropriate, require the installation of fire safety devices or systems such as fire extinguishers, fire alarms, fire detectors or other similar devices or systems when necessary to provide safety to life and property. In circumstances in which the Fire Chief or his designee deems appropriate he may, in lieu of or in addition to requiring the installation of safety devices or systems, prescribe limitations on the handling and storage of materials or substances or upon the operations which create the increased probability of fire or explosions or contribute to the spread of fire, or otherwise endanger life and property.
(Ord 92-1, passed 2-24-92)
§ 92.02 FIRE SAFETY ZONE; STORAGE OF SPECIFIC EXPLOSIVES PROHIBITED.
   (A)   For purposes of this section the area which lies within the following defined boundaries is hereby designated as the fire safety zone:
      (1)   Division Street east to State Line;
      (2)   State Line Street south to the railroad;
      (3)   Railroad west to Plum Street; and
      (4)   Plum Street north to Division Street.
   (B)   No person, firm or corporation shall, within the above designated safety zone, store any of the following:
      (1)   Explosives;
      (2)   Blasting agents;
      (3)   Class 1 liquids in outside above ground tanks; and
      (4)   Bulk storage of liquified petroleum gas.
(Ord 92-1, passed 2-24-92)
§ 92.03 VEHICLES TRANSPORTING EXPLOSIVES; PERMITTED ROUTES.
   (A)   No person, firm or corporation shall transport explosives through the city without the express written permission of the Fire Chief or his designee unless said person, firm or corporation transports said explosives or blasting agents on Indiana State Highway 28 or 32.
   (B)   No person, firm or corporation shall transport hazardous chemicals, materials or substances which are likely to endanger life or health through the city without the express written permission of the Fire Chief or his designee unless said person, firm or corporation transports said hazardous chemicals, materials or substances on Indiana State Highway 28 or 32.
(Ord 92-1, passed 2-24-92)
§ 92.04 AUTHORITY OF FIRE CHIEF TO GRANT VARIANCES.
   The Chief of the Fire Department shall have the power to modify any of the provisions of this code upon application in writing by the owner or lessee, or a duly authorized agent thereof, when there are substantial obstacles prohibiting strict compliance with the provisions of the code, provided that any variance granted shall require observations of the spirit and intent of the code and secure public safety. The Fire Chief or his designee shall deliver a written statement to the applicant setting out his decision to grant a modification or variance as well as the particular specifications of that modification or variance.
(Ord 92-1, passed 2-24-92)
§ 92.05 RIGHT OF APPEAL.
   Whenever the Fire Chief or his designee shall disapprove an application or refuse to grant a permit applied for under § 92.04, or when it is claimed that the provisions of this code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Chief to the Board of Public Works and Safety within 30 days of the decision appealed.
(Ord 92-1, passed 2-24-92)
§ 92.06 RIGHT OF ENTRY.
   Whenever necessary for the purpose of enforcing the provisions of this code or when the Fire Chief or his designee has reasonable cause to believe that there exists in any structure or upon any premises any condition which makes such structure or premise unsafe, the Fire Chief or his designee shall be permitted to enter such structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon him by this code. If the structure in question is occupied, the Fire Chief or his designee shall first present proper credentials and request entry. If entry is refused, the Fire Chief shall make a verified application for a search warrant with the Judge of the Randolph Circuit Court or Randolph Superior Court setting out the facts and circumstances which have led him to conclude that there is probable cause to believe that there exists in the specified structure or premises a condition which makes said structures or premises unsafe.
(Ord 92-1, passed 2-24-92)
GENERAL PROVISIONS
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