Chapter 38 FIRE PREVENTION AND PROTECTION*

No person shall open any fire plug or fire hydrant unless he shall have written permission from the fire chief to do so or unless he is a member of the fire department or city employee and does so in the discharge of his duty.

(Code 1974, � 7-107)

Cross references: Water system, � 82-121 et seq.

Secs. 38-2--38-40.� Reserved. (return to ch. 38)

ARTICLE II.� FIRE PREVENTION CODE (return to ch. 38)

Sec. 38-41.� Adopted by reference. (return to ch. 38)

The standards recommended by the National Fire Protection Association, known as the Life Safety Code, current edition, printed in book or pamphlet form, is incorporated by reference in this article, in addition to all amended editions as though printed in full, insofar as the code does not conflict with the statutes of the state. One copy of the Life Safety Code is on file at the office of the city clerk and shall be available for public inspection at any reasonable time. The provisions of the Life Safety Code shall be controlling throughout the city and throughout its zoning jurisdiction.

(Code 1974, � 7-201)

Sec. 38-42.� State rules and regulations. (return to ch. 38)

The rules and regulations promulgated by the office of the state fire marshal relating to fire prevention are incorporated by reference into this Code and made a part of this article as though spread at large in this article, together with all subsequent amendments. One copy of the fire prevention code shall be on file with the city clerk and shall be available for public inspection at any reasonable time.

(Code 1974, � 7-202)

Sec. 38-43.� Enforcement. (return to ch. 38)

It shall be the duty of all appropriate officials to enforce the incorporated fire code provisions, and all infractions shall be immediately brought to the attention of the fire chief.

(Code 1974, � 7-203)

Secs. 38-44--38-53.� Reserved. (return to ch. 38)

ARTICLE III.� FIRE PREVENTION (return to ch. 38)

Sec. 38-54.� Lawful entry of fire chief. (return to ch. 38)

It shall be the duty of the owner, lessee or occupant of any building or structure, except the interiors of private dwellings, to allow the fire chief to inspect or cause to be inspected as often as necessary the structure for the purpose of ascertaining and enumerating all conditions in the structure that are likely to cause fire, or any other violations of the provisions of the city's ordinances affecting the hazard of fire.

(Code 1974, � 7-204)

Sec. 38-55.� Violation notice. (return to ch. 38)

It shall be the duty of the owner, lessee or occupant of any building or structure that was lawfully inspected and who receives written or verbal notice of a violation of any of the provisions of the city's ordinances to correct the condition that violates the city's ordinances within five days from the date of receipt of such notice.

(Code 1974, � 7-205)

Sec. 38-56.� Fire limits defined. (return to ch. 38)

The following three fire limits in the city shall be and constitute the fire limits:

(1) Fire limit 1 shall consist as follows:

Commencing at the intersection of Second Street and Lincoln Street, thence due south approximately 600 feet to the extension to Fairground Avenue extended west, thence east to Pearl Street, thence south approximately 700 feet, thence east approximately 800 feet to the extension of Logan Street extended, thence north to the intersection of Logan Street and the Chicago Northwestern Railway, thence northeasterly on a diagonal line along the right-of-way of the Chicago Northwestern Railway to Nebraska Street, thence northerly to a point halfway between Second Street and Third Street, thence westerly one-half block to the alley between Nebraska Street and Logan Street, thence north to Fifth Street, thence west to the alley between Main Street and Logan Street, thence north to a point 100 feet north of Seventh Street, thence west one block to the alley between Main Street and Pearl Street, thence south to Third Street, thence west one block to the alley between Pearl Street and Lincoln Street, thence south one block to Second Street, thence west to the point of beginning.

(2) Fire limit 2 shall consist of all the area in the city zoned B-1, I-1 and I-2, except that portion included in fire limit 1.

(3) Fire limit 3 shall comprise all of the property in the city not included in fire limits 1 and 2.

(Code 1974, � 7-206)

Cross references:� Definitions generally, � 1-2.

Sec. 38-57.� Candles. (return to ch. 38)

No person shall use open flame or burning candles for the purpose of light or decoration in any public assemblage buildings, except as an approved candelabra, mounted at a sufficient height and of such stability as not to constitute a fire hazard to life or property.

(Code 1974, � 7-207)

Sec. 38-58.� Flameproof decorations. (return to ch. 38)

Drapes, decorations, scenery or other flammable materials in places of public assemblage shall be flameproof.

(Code 1974, � 7-208)

Sec. 38-59.� Hay. (return to ch. 38)

It shall be unlawful for any person to have, keep, suffer or permit any hay, straw, trash, dry litter or other flammable substance, unhoused or uncovered and unprotected from fire, on any lot, lots or parcels of land in the city.

(Code 1974, � 7-209)

Sec. 38-60.� Vacant or unoccupied building. (return to ch. 38)

Whenever any vacant or unoccupied building or structure is found by the chief to be not properly secured or enclosed, he shall give written notice to the owner or person having control of such building or structure to properly secure or enclose the building or structure within 24 hours after the receipt of the notice so as to prevent unauthorized persons from gaining access; and any person so notified shall comply with the terms and conditions of the notice.

(Code 1974, � 7-210)

Sec. 38-61.� Open burning ban; waiver. (return to ch. 38)

(a)�� There shall be a citywide open burning ban on all bonfires, outdoor rubbish fires and fires for the purpose of clearing land, including the extraterritorial jurisdiction of the city. The fire chief or his designee may waive an open burning ban issued under this section for an area under his jurisdiction by issuing an open burning permit to a person requesting permission to conduct open burning. The permit issued by the fire chief shall be in writing, signed by the fire chief, and on a form provided by the state fire marshal.

(b)�� The fire chief or his designee may waive the open burning ban in his district when conditions are acceptable to the chief. Anyone burning in such district when the open burning ban has been waived must notify the fire department of his intention to burn.

(Code 1974, � 7-211)

State law references: Similar provisions, R.R.S. 1943, � 81-520.01.

Sec. 38-62.� Fires regulated. (return to ch. 38)

If any person shall require a fire in the course of his trade as a blacksmith or mechanic, such fire shall be built and maintained in the manner prescribed by the fire chief. All fires shall be built after 7:00 a.m. and completely extinguished by 7:00 p.m., except the fires used in the course of a trade which shall be allowed during such hours as the fire chief shall prescribe. It shall be unlawful for any person to set fire to, burn or cause to be burned any garbage, animal matter or vegetable matter. The burning of straw, hay, leaves or brush in the open air is permitted and allowed provided the person setting out such materials requests permission and receives an open burning permit in writing, signed by the fire chief, on a form provided by the state fire marshal; and any such burning shall be done while the fire is attended by the person setting out the materials at all times; and the fire shall be located at least 50 feet from any building.

(Code 1974, � 7-212)

Secs. 38-63--38-90.� Reserved. (return to ch. 38)

ARTICLE IV.� FIRE DEPARTMENT* (return to ch. 38)

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*Cross references: Officers and employees, � 2-151 et seq.

State law references: Authority to create a fire department, R.R.S. 1943, � 16-222.

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Sec. 38-91.� Created; composition; organization; powers and duties generally. (return to ch. 38)

The existing volunteer fire department of the city is declared to constitute the fire department of this city; and there are created the offices of chief and assistant chief of the fire department. It shall be the duty of the fire department of the city to keep its apparatus, hose, engines and other equipment in serviceable condition and to repair with due haste to all fires and to remain at each fire until dismissed by the chief of the fire department of the city. The members shall be under the command and control of the chief at all fires, and it shall be the duty of each and all members to obey his orders and follow his directions. Any member who shall willfully and without good cause disobey any order of the chief when at a fire may be summarily expelled from the fire department by the council. It shall be the duty of each member of the department to prevent, as far as within his power, the unnecessary destruction of the contents of the building on fire. It shall be the duty of the assistant chief of the fire department to assist the chief in matters pertaining to the fire department and to exercise the powers and duties of the chief during the absence or disability of the chief.

(Code 1974, � 3-301)

Sec. 38-92.� Chief and assistant chief. (return to ch. 38)

The members of the fire department of the city shall, at the time of each annual meeting of the department, recommend some person for the office of chief of the fire department and some person for the office of assistant chief of the fire department, which persons, on being confirmed by the council, shall hold such offices until their successors shall be appointed and qualified. These officers shall be subject to removal by the council at any time. The department shall at such time elect such other officers as it deems necessary.

(Code 1974, � 3-302)

Sec. 38-93.� Membership. (return to ch. 38)

The fire chief shall appoint no more than 25 members for each fire department company, subject to the review and approval of the council. All vacancies shall be filled in this manner. The fire department shall consist of so many members as may be decided by the council. The members may organize themselves in any way they may decide, subject to the review of the council. They may hold meetings and engage in social activities with the approval of the council. The secretary shall upon request keep a record of all meetings and shall make a report to the council of all meetings and activities of the fire department. The council may, for services rendered, compensate any member of the fire department in an amount set by resolution. All members of the fire department shall be subject to such rules and regulations, and shall perform such duties, as may be prescribed or required of them by the fire chief or the council.

(Code 1974, � 3-303)

State law references: Similar provisions, R.R.S. 1943, � 35-102.

Sec. 38-94.� Workers' compensation and term life insurance. (return to ch. 38)

Members of the fire department shall be considered to be employees of the city for the purpose of providing members with workers' compensation and other benefits. Each member shall be entitled to a term life insurance policy in the amount of at least $5,000.00 for death from any cause to age 65; and such policy shall, at the option of the individual firefighter, be convertible to a permanent form of life insurance at age 65. Coverage shall terminate as to any individual who ceases to be an active volunteer member of the fire department.

(Code 1974, � 3-303.01)

Sec. 38-95.� Witness. (return to ch. 38)

Volunteer firefighters and rescue squad members testifying in that capacity alone shall not be deemed employees of the state or of the city.

(Code 1974, � 3-303.02)

State law references: Similar provisions, R.R.S. 1943, � 33-139.01.

Sec. 38-96.� Duties. (return to ch. 38)

It shall be the duty of the fire department to enforce all laws and ordinances covering the following:

(1) The prevention of fires;

(2) The storage and use of explosives and flammables;

(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 exits, in case of fire, from factories, schools, hotels, lodginghouses, 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; and

(6) The investigation of the cause, origin and circumstances of fires.

(Code 1974, � 3-304)

Sec. 38-97.� Right of entry. (return to ch. 38)

Any inspector or member of the fire department, designated by its chief, may, at all reasonable hours, enter any building or premises within its jurisdiction for the purpose of making any inspection or investigation which, under the provisions of this Code, he may deem necessary to be made.

(Code 1974, � 3-305)

Sec. 38-98.� Inspections; special hazards. (return to ch. 38)

Any inspector or members of the fire department specially designated shall inspect, as often as may be necessary, all particularly hazardous manufacturing processes, storages or installations of gases, chemicals, oils, explosives, and flammable materials, all interior fire alarms and automatic sprinkler systems, and such other hazards or appliances as the chief of the fire department shall designate, and shall make such orders as may be necessary for the enforcement of the governing laws and ordinances and for safeguarding of life and property from fire.

(Code 1974, � 3-306)

Sec. 38-99.� Inspections; ordinary; mulch or rubbish accumulations. (return to ch. 38)

It shall be the duty of the chief of the fire department to inspect, or cause to be inspected, by the fire department officers and members, as often as may be necessary, all buildings and premises, except the interior of private dwellings, for the purpose of ascertaining and causing to be corrected any conditions likely to cause fire, or any violations of the provisions or intent of any ordinance of the city affecting the fire hazard. Whenever any inspector shall find in any building or upon any premises combustible or explosive matter or dangerous accumulations of rubbish or unnecessary accumulation of waste, paper, boxes, shavings, manure, straw, leaves or other similar loose material, or litter of any kind, or any highly flammable materials, which are so situated as to endanger property, or shall find obstructions to or on fire escapes, stairs, passageways, doors or windows, likely to interfere with the operations of the fire department or egress of occupants in case of fire, he shall order the materials to be removed or condition remedied.

(Code 1974, � 3-307)

Sec. 38-100.� Inspections on complaint. (return to ch. 38)

The chief of the fire department or any inspector upon the complaint of any person or whenever they shall deem it necessary, shall inspect all buildings and premises within their jurisdiction. Whenever any officer shall find any building or other structure which, for want of repairs, lack of sufficient fire escapes, automatic or other fire alarm apparatus, or fire extinguishing equipment, or by reason of age or dilapidated condition, or from any other cause, is especially liable to fire, and which is so situated, as to endanger other property or the occupants, and whenever such officer shall find in any building combustible or explosive matter or flammable conditions dangerous to the safety of such building or the occupants, he shall order such dangerous conditions or materials to be removed or remedied.

(Code 1974, � 3-308)

Sec. 38-101.� Orders following inspection; manner of service; appeal. (return to ch. 38)

The service of notices and orders as mentioned in section 38-100 may be made upon the occupant of the premises to whom it is directed, either by delivering a copy of such notices and orders to such occupant personally or by delivering such notices and orders to and leaving them with any person in charge of the premises, or, in case no such person is found upon the premises, by affixing a copy in a conspicuous place on the door to the entrance of the premises. Whenever it may be necessary to serve such notice or order upon the owner of the premises, it may be served either by delivering to and leaving with the person a copy of the notice or order, or, if such owner is absent from the jurisdiction of the officer making notice or order, by mailing such copy by certified mail to the owner's last known post office address. Any such notice or order shall forthwith be complied with by the owner or occupant of such premises or building. If such notice or order is made by one of the inspectors, such owner or occupant may within 24 hours appeal to the chief of the fire department, who shall, within five days, review such notice or order and file his decision; and, unless by his authority the notice or order is revoked or modified, it shall remain in full force and be complied with within the time fixed in the notice or order or decision of the chief of the fire department.

(Code 1974, � 3-309)

Sec. 38-102.� Fire investigations and reports. (return to ch. 38)

The fire department shall investigate the cause, origin and circumstances of every fire occurring in the city 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 be begun immediately upon the occurrence of such a fire by the chief of the fire department. If it appears that such fire is of suspicious origin, the chief of the fire department 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.

(Code 1974, � 3-310)

Sec. 38-103.� Record of fires. (return to ch. 38)

The chief of the fire department shall keep a record of all fires and of all the facts concerning the fires, including statistics as to the extent of such fires and the damage caused by such fires, and whether such losses were covered by insurance, and if so, in what amount. All such records shall be public.

(Code 1974, � 3-311)

Sec. 38-104.� Watching premises after fires. (return to ch. 38)

It shall be the duty of the chief of the fire department after the engines are withdrawn and the firefighters dismissed from any fire within the city to have and keep charge of the premises until the probable danger of smoldering fire is passed and a reasonable time had for the investigation of the cause of the fire; during this time he shall cause strict watch to be kept and guard the premises of the fire.

(Code 1974, � 3-313)

Sec. 38-105.� Departmental records. (return to ch. 38)

The chief of the fire department shall keep a list of all members of the fire department, showing the age and occupation of each, the date he entered the service, and such other data as the council may require. He shall also keep a record of all fires and fire alarms, of their location, of the class of building or structure damaged or destroyed, of the purpose for which it was used, of the cause of the fire, the amount of loss, the amount of insurance, and such other information as the council seems important. He shall include in such report a record of any injury that may have been sustained by any persons on account of the fire. Such record shall at all times be available for the inspection of the council.

(Code 1974, � 3-314)

Sec. 38-106.� Annual departmental report. (return to ch. 38)

The chief of the fire department shall report to the council, at its first meeting in May of each year, the operation of the department for the preceding year, and shall include with the report an inventory of the property of the department. He shall file with the city clerk and the clerk of the district court of the county on such dates as required by law a certified copy of the rolls of all members in good standing of the fire department in order to obtain the exemptions provided by law. The service records of all firefighters shall accompany their applications for honorable discharge when they are submitted to the council for approval and signature.

(Code 1974, � 3-315)

Sec. 38-107.� Departmental expenditures. (return to ch. 38)

No obligations, except in emergencies and with regard to minor expenditures, shall be incurred on behalf of the fire department unless authorized by the council.

(Code 1974, � 3-316)

Sec. 38-108.� Annual report. (return to ch. 38)

The annual report of the fire department shall be made on or before May 1 in each year and transmitted to the council. It shall contain all information and statistics as the chief of the fire department or the council may wish to include.

(Code 1974, � 3-317)

Sec. 38-109.� Fires. (return to ch. 38)

It shall be the duty of the fire department to use all proper means for the extinguishment of fires; to protect property within the city; and to secure the observance of all ordinances, laws, and other rules and regulations with respect to fires and fire prevention.

(Code 1974, � 3-318)

Sec. 38-110.� Distant fires. (return to ch. 38)

Upon the permission of the mayor or the fire chief, such fire equipment of the city as may be designated by the council as rural equipment may be used beyond the corporate limits to extinguish reported fires.

(Code 1974, � 3-319)

Sec. 38-111.� Fighting distant fires. (return to ch. 38)

The firefighters of the city shall be considered as acting in the performance and within the scope of their duties in fighting fire or saving property or life outside the corporate limits of the city when directed to do so by the mayor or chief of the fire department or some person authorized to act for such chief, and in so doing, may take such fire equipment of the city as may be designated by the council.

(Code 1974, � 3-320)

Sec. 38-112.� Preservation of property. (return to ch. 38)

Any official of the fire department shall have the power during the time of a fire to cause the removal of any private or public property whenever it shall become necessary to do so for the preservation of such property from fire, to prevent the spreading of fire, or to protect adjoining property. The officials may direct the hook and ladder men to remove any building, erection or fence for the purpose of checking the progress of any fire; and the official in charge of the firefighting effort shall have the power to blow up, or cause to be blown up, with powder or otherwise, any building or erection during the progress of a fire for the purpose of extinguishing or checking the fire.

(Code 1974, � 3-321)

Sec. 38-113.� Alarm systems. �(return to ch. 38)

�� Alarm systems must incorporate a device that allows an adequate delay before the time at which activation of the system would directly or indirectly signal public safety personnel.� This delay is to permit the subscriber to stop a false alarm from being transmitted.

�� The alarm system shall incorporate a device that limits any exterior signal to a period of time not to exceed sixty (60) minutes in duration.� At the expiration of the maximum time permitted, the alarm system shall automatically cease to emit a signal.

(Ord. No. 2005-29, �, 10-11-2005)

Sec. 38-114.� Excessive false alarms.� (return to ch. 38)

�� If any alarm system produces three (3) false alarms in any twelve (12) consecutive months, written notice of that fact shall be given by certified mail or delivery to the subscriber, or other appropriate party (available twenty-four (24) hours a day and seven (7) days a week) at the addresses listed in the most recent such notification for that alarm system.� <