§ 95.017 FIREWORKS.

   It shall be unlawful for any person to ignite, explode, or fire any firecracker, squib, or fireworks, or to sell or purchase any firecracker, squib, or fireworks except as provided in W. Va. Code 29-3E-1 to 29-3E-13.

(Prior Code, § 11-17) Penalty, see § 95.999

§ 95.018 OBEDIENCE TO ORDERS AT SCENE OF FIRE; ARREST OF OFFENDERS.

   (A)   Every person present at the scene of a fire shall be subject and obedient to the orders of firefighter and police officers in any matter relating to extinguishing the fire, removal and protection of persons and property endangered by fire, smoke, or water, freedom of Fire Department and medical personnel and apparatus to perform their duties or to function properly, and the maintenance of order at or near the scene of the fire, and it shall be unlawful for any person to disobey any such lawful order of a firefighters or police officer.

   (B)   Firefighters and police officers shall have authority to arrest persons who disobey such orders and to hold them in custody until the fire has been extinguished, at which time the violators shall be dealt with according to law.

(Prior Code, § 11-18) Penalty, see § 95.999

FIRE PREVENTION CODE

§ 95.030 ADOPTED; PURPOSE, APPLICATION, AND THE LIKE.

   There, is hereby adopted by the Common Council for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion that certain code known as the State Fire Code, recommended and adopted by the state’s Fire Commission, and being the official State Fire Code of West Virginia as promulgated by the State Fire Commission and approved by W. Va. Code 29-3-5 in 2020, and being particularly the 2020 addition of the State Fire Code and the whole thereof, save and except such portions as may hereinafter or hereafter be deleted, modified, or amended, of which code not less than one copy, certified by the Mayor, has been and is now filed in the office of the City Clerk, and such Code is hereby incorporated in and made a part of this section as fully as if set out at length herein, and the provisions thereof shall be controlling within the limits of the city. Such Code, as hereinafter modified, deleted, or amended, shall be known and may be cited as “the Fire Prevention Code”.

(Prior Code, § 11-19) (Ord. passed 7-5-1988; Ord. passed 7-28-2021)

Charter reference:

   Authority to regulate the building of houses and other structures, see Charter § 30

Cross-reference:

   Building Code amendments, including Fire Prevention Code, see § 150.023

Statutory reference:

   Authority of State Fire Marshal to promulgate rules, see W. Va. Code 29-3-4a and 29-3-4b

   Authority relating to buildings and safety hazards, see W. Va. Code 8-12-5(23) and (28)

   Authority to adopt Fire Prevention Code by reference, see W. Va. Code 8-11-4(b)

   Authority to inspect private premises, see W. Va. Code 8-12-15

   Authority to regulate structures of wood or other combustible material, see W. Va. Code 8-12-13

   Authority to require permit for construction/repair, see W. Va. Code 8-12-14

§ 95.031 AMENDED.

   (A)   Article 13, “Fireworks”, of the Fire Prevention Code is hereby deleted, this subject being covered in W. Va. Code 29-3E-1 through 29-3E-13.

   (B)   Article 28, “Precautions Against Fire, General”, of the Fire Prevention Code is hereby deleted, this subject being covered in §§ 95.001 to 95.018.

(Prior Code, § 11-20)

   (C)   Section 101.4.5, “Fire Prevention”, of the Fire Prevention Code is hereby deleted.

(Ord. passed 7-28-2021)