For the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, there is hereby adopted by the Town Board of Trustees that certain code known as the Fire Prevention Code, recommended by the National Fire Protection Association, being particularly the current edition thereof and the whole thereof, save and except for such portions as are hereinafter deleted, modified or amended. Not less than one copy of the Code has been filed in the office of the Clerk-Treasurer of the town, and the same is hereby adopted and incorporated as fully as if set out at length herein. The provisions of the Fire Prevention Code shall be controlling within the limits of the town.
(Prior Code, § 13-101)
§ 92.02 Definition
For the purpose of this subchapter, the following definition applies unless the context clearly requires a different meaning.
MUNICIPALITY. Whenever used in the Fire Prevention Code hereby adopted, MUNICIPALITY shall be held to mean the town.
(Prior Code, § 13-103)
§ 92.03 Enforcement By Fire Chief
The code hereby adopted shall be enforced by the Chief of the Fire Department.
(Prior Code, § 13-102)
§ 92.04 Power To Modify By Fire Chief
The Fire Chief shall have the power to modify any of the provisions of the Code hereby adopted in his or her own discretion or upon application in writing by an owner or lessee, or by his or her duly- authorized agent, when there are practical difficulties in the way of carrying out the letter of the code, provided that the spirit of the code shall be observed, public safety secured and substantial justice done. When granted or allowed, the particulars of such modifications and the decision of the Fire Chief thereon shall be entered upon the records of the Department, and for applications requesting change, a signed copy shall be furnished to the applicant.
(Prior Code, § 13-105)
§ 92.05 Liquefied Petroleum Gas Provisions
(A) It is unlawful for any person, firm or corporation to manufacture, fabricate, assemble, install or repair any system, container, apparatus or appliance to be used for the transportation, storage, dispensation or utilization of liquefied petroleum gas, or to transport, handle or store such gas, unless such person has complied with and complies with all provisions of the law and ordinances relating thereto and has any license or permit which may be required by state law.
(B) The pamphlet “Storage and Handling of Liquefied Petroleum Gases,” as contained in NFPA 58: Liquified Petroleum Gas Code, the latest edition thereof adopted by the State Liquefied Petroleum Gas Board, shall have full force and effect within the town. Any violation of these rules and regulations shall be deemed a violation of the ordinances of the town and shall be punished accordingly.
(Prior Code, § 5-401) Penalty, see § 92.99
Statutory reference:
State rules, LPG, see 52 O.S. §§ 420.1 et seq.
§ 92.06 Substance Storage Limits And Restrictions
The limits referred to in the Fire Prevention Code in which the storage of flammable liquids in outside aboveground tanks is prohibited, the limits referred to in which the bulk storage of liquefied petroleum gas is restricted and the limits in which the storage of explosives and blasting agents is prohibited are hereby established as the fire limits provided in Ch. 151 of this code.
(Prior Code, § 13-104) Penalty, see § 92.99
§ 92.07 Appealing To Board Of Trustees
Whenever the Fire Chief shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the 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 Town Board of Trustees within 30 days from the date of the decision appealed.
(Prior Code, § 13-106)
Open Fires
§ 92.20 Title
This subchapter shall be known and cited as the “Town of Calera Open Fires Ordinance.”
The purpose of this subchapter is to control and regulate any open fires within the town and to provide rules and guidelines to facilitate the enforcement thereof.
(A) No refuse, trash or combustible or hazardous materials may be burned within the town limits.
(B) All persons planning on starting an open fire must obtain a burn permit prior to starting the fire. Burn permits may be obtained from the Town Clerk-Treasurer at Town Hall from 9:00 a.m. to 4:00 p.m., Monday through Friday, only.
(C) No burn permits will be issued when a burn ban has been placed on the town either by the Town Fire Department, the County Commissioners, the Governor of the state or any political subdivision thereof.
(D) Each burn permit is only valid for three days, and a new permit must be obtained each time that the permissible open fire is to be conducted.
(E) Each address of a controlled burn must have its own burn permit issued.
(F) The issued burn permit must remain on site at all times and be presented upon request by either the Town Fire Department or Police Department.
(G) All permissible open fires must be controlled by a competent individual at least 16 years of age or by a group of competent individuals at least 16 years of age at all times, and such fires must not be left unattended at any time. The individual or individuals controlling the fire must have some form of extinguishing device or pressurized water source, which includes a garden water hose with an on/off nozzle, ready to use at a moment’s notice at all times.
(H) All permissible open fires shall not be located within 50 feet of any type of structure.
(I) All permissible open fires shall be done from sunrise to sunset. All permissible open fires must be extinguished or smoldering at sunset.
(J) No permissible open fire shall be allowed any time the wind speed is above ten mph in any direction. If the wind speed increases to above ten mph during a permissible open fire, then the fire must be extinguished.
(K) No smoke from a permissible open fire may cross a road or highway or become a traffic hazard. If smoke does cross the road or highway or create a traffic hazard, then the permissible open fire must be extinguished immediately.
(L) The Town Fire Department and Police Department have the right to extinguish any permissible open fire or revoke any permit due to location, weather or local circumstances which would make a permissible open fire a hazard to the town.
(M) Burn pits and burn rings must be made of noncombustible materials and must have some form of fire extinguisher device or pressurized water source, which includes a garden water hose with an on/off nozzle, ready to use at a moment’s notice at all times.
(1) Burn pits are not to be more than four feet wide, and burning material cannot be larger than two feet tall. Anything over this requires a burn permit.
(2) A dirt-only pit must have a burn permit.
(3) Burn pits and burn rings are subject to the rules and guidelines placed by the County Commissioners and the Governor when burn bans are issued.
The failure to obtain a burn permit after the adoption of this subchapter shall be considered a violation of this subchapter and shall be subject to the penalties hereinafter provided.
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99(A) of this code of ordinances.
(B) Except as addressed in division (C) below, any person, firm or corporation that violates any provision of §§ 92.01 through 92.07 of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in § 10.99(A) of this code.
(Prior Code, § 13-107)
(C) (1) Any person, firm or corporation who shall engage in any business, trade or vocation for which a license, permit, certificate or registration is required by § 92.05 of this chapter without having a valid license, permit, certificate or certificate of registration as required, or who shall fail to do anything required by § 92.05 of this chapter or by any code adopted by § 92.05 of this chapter, or who shall otherwise violate any provisions of § 92.05 of this chapter or of any code adopted by § 92.05 of this chapter, or who shall violate any lawful regulation or order made by any of the officers provided for in § 92.05 of this chapter, shall be guilty of an offense, and upon conviction thereof, shall be punished as provided in § 10.99(A) of this code.
(Prior Code, § 5-801)
(2) No penalty imposed by and pursuant to § 92.05 of this chapter shall interfere with the right of the town also to apply to the proper courts of the state for a mandamus, an injunction or other appropriate action against such person, firm or corporation.
(Prior Code, § 5-802)
(D) (1) Any person, firm or corporation violating the provisions of §§ 92.20 through 92.24 of this chapter shall first be given a warning. After the first warning, any person, firm or corporation continuing to violate the provisions of §§ 92.20 through 92.24 of this chapter shall be guilty of a fine of not more than $200. Such fine shall be at the discretion of the Court.
(2) Each and every day during which such violation continues shall be considered a separate and distinct violation hereof and may be charged and prosecuted as such. The above-specified penalties may be imposed for each such violation.