City of New Haven, Indiana

                                               CHAPTER 91:  FIRE PREVENTION

Section

                                                              General Provisions

91.01               Smoke Detectors

91.03               Opening or Tampering with Fire Hydrants

91.04               Open Burning

                                                            Fire Prevention Code

91.10               Adoption

91.11               Enforcement

91.12               Title

91.13               Purpose

91.14               Scope

91.15               Adoption of Regulations by Reference

91.16               Amendments

91.17               Appeals

91.18               Penalties

91.19               Repeal of Conflicting Ordinances

91.20               Validity

                                                        GENERAL PROVISIONS

'91.01             SMOKE DETECTORS

(A)  Definitions.  For purposes of this Chapter, the following definitions shall apply:

(1)  Alarm Signal.  An audible signal indicating the detection of visible or invisible particles or products of combustion, other than heat.

(2)  Authority Having Jurisdiction.  The New Haven-Adams Township Fire Department, which has enforcement responsibility for this Section.

(3)   Family Living Unit. That structure, area, room, or combination of rooms in which a family or individual lives.  This is meant to cover living area only, and not common usage areas in multi-family buildings, such as corridors, lobbies, basements, and the like.

(4)  Labeled.  Equipment or materials to which has been attached a label, symbol, or other identifying mark of an organization acceptable to the authority having jurisdiction.

(5)   Listed.  Equipment or materials included in a list published by an organization acceptable to the authority having jurisdiction, and which product meets appropriate standards or has been tested and found suitable for use in a specific manner.

(6)   NFPA74.  Standard 74 of the National Fire Protection Association, which is located in Batterymarch Park, Quincy, MD  02269.

(7)   Rental Agent.  Any person, partnership, or corporation who rents, subleases, lets, or otherwise grants for a consideration the right to occupy premises not owned by the occupant.  This term shall not be construed to mean a real estate agent who is employed for the sole purpose of selling residential units.

(8)   Sleeping Areas.  The area or areas of the family living unit in which are contained the bedrooms or sleeping rooms, separated by other use areas, such as kitchens or living rooms (but not bathrooms).

(9)   Smoke Detector.  A device which detects visible or invisible particles or products of combustion other than heat, as approved by Underwriters Laboratories, Inc. or Factory Mutual.  The smoke detector shall be equipped with a test button, and it shall produce an alarm signal upon detection of any visible or invisible particles or products of combustion.  It may be either battery-powered with a minimum  9-volt alternating current.

(B)  Basic requirements.  All family living units within the corporate limits of the City shall be equipped with a minimum of one functional, properly located, labeled, and listed smoke detector, or its equivalent or better, as described in NFPA74.

(C)  Installation; location.

(1)  A minimum of one smoke detector, or its equivalent or better, as described in NFPA74, shall be installed in each family living unit within the corporate limits of the City.

(2)  All smoke detectors must be installed according to the manufacturer's directions and subject to the approval of the authority having jurisdiction.

(3)  The smoke detector shall be installed to protect the sleeping areas, and shall be located outside of the bedrooms, but in the immediate vicinity of the sleeping areas, within 15 feet of all rooms used for sleeping areas.

(4)  The smoke detector shall be installed on or near the ceiling, not less than 6 inches from any wall, or on a wall, not less than six inches nor more than 12 inches from the ceiling, and its installation shall be subject to approval by the authority having jurisdiction.  No detector shall be recessed into the ceiling.

(5)  All smoke detectors shall be accessible for servicing and testing.

(6)  If a smoke detector is alternating current powered, it must be directly attached to a junction box not controlled by any switch other than the main power supply.  The installation of alternating current powered detectors shall conform to all electrical standards adopted by the County Building Department.  A smoke detector required under this Section shall be installed according to the directions and specifications of the manufacturer, but if in conflict with any County electrical standard, the County electrical standard shall take precedence.

(D)  Maintenance.

(1)  General.  It shall be unlawful for any person to tamper with or remove any smoke detector, except when it is necessary for maintenance or inspection purposes.  Any smoke detector removed for repair or replacement shall be reinstalled or replaced so that it is operable and in place during normal sleeping hours.

(2)  Rented residential dwelling units.  Each smoke detector may be tested in accordance with manufacturer's recommendations, but shall be tested at six-month intervals in every individual residential dwelling unit, and maintained as necessary, to ensure it is in operable condition before the unit is reoccupied.

(3)  Owner-occupied dwelling units.  Each smoke detector may be tested in accordance with manufacturer's recommendations, but shall be tested at six-month intervals, and maintained as necessary, to ensure it is in operable condition.

(E)  Duty of property owner, manager, or rental agent.  Every owner, or the manager or rental agent of the owner, of any residential dwelling unit shall be responsible for the installation of all smoke detectors.  It is the responsibility of the tenant to maintain all smoke detectors provided by the owner in good working order until the tenant vacates the premises, unless the smoke detector requires alternating current power supply; then the responsibility for maintaining the smoke detector shall be the responsibility of the owner, manager, or rental agent of the property.

(F)  Enforcement of provisions.  The New Haven-Adams Township Fire Department shall be charged with the duty of enforcing the terms and conditions of this Section.

[Ord. G-92-22, passed 1-12-93]

'91.03             OPENING OR TAMPERING WITH FIRE HYDRANTS

It is unlawful for any person, firm, or corporation to open, turn on, tamper with, or take water from any fire hydrant of the Water Works Department of the City unless the hydrant is used by a duly established municipal or volunteer fire department or a person, firm or corporation authorized to take water from a fire hydrant by the Superintendent of the Water Works Department.

[Ord. G-92-22, passed 1-12-93] 

'91.04             OPEN BURNING

(A)  For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1)   APC Board.  The State Air Pollution Control Board.

(2)  Enforcement Agency.  The City Police Department, the City Public Health Officer, or the City Fire Chief or designated deputy.

(3)   Farming Operation.  That business concerned with the planting, harvesting, or marketing of crops and the raising, handling, preparation, cooking, serving, or consumption of food or food products.  This does not include nurseries, tree farms or sod production.

(4)  Garbage.   All putrescible animal solid, vegetable solid, and semi-solid wastes resulting from the processing, handling, preparation, cooking, serving, or consumption of food or food products.

(5)  Incinerator.  A mechanical facility used to burn waste substances where combustion factors of temperature, retention time, and air are controlled.

(6)  Material.  All biodegradable and non-biodegradable substances, including garbage, rubbish, ashes, wood and wood products, and commercial, industrial, and institutional wastes.

(7)   Natural Growth.  Trees, brush, or other vegetation in its natural state, either dead or alive.

(8)   Open Burning.  Combustion of any matter in the open air or in an open dump.  AOpen@ as used in "open burning" means that the products of combustion are emitted directly into the open air without passing through a stack or chimney; or combustion occurs in a device other than an incinerator or boiler.

(9)   Stack or Chimney.  A flue or conduit connecting an enclosed device with the open air which permits particles or gases to escape.

(10)   Wood Products.  Material derived from or consisting of wood or vegetation, such as paper, cardboard, rags, boards, branches, grass, leaves, and other similar materials.

(B)  Prohibition of open burning.  No person shall burn any material in any open fire within the corporate limits of the City except as provided in paragraph (C), and in accordance with the rules and regulations of the State Air Pollution Control Board.

(C)  Exemptions.

(1)  The following types of open fires are permitted; provided,however, that such fires are not located within 150 feet of any adjacent, neighboring residence or structure, or within 150 feet of any public road or right-of-way:

(a)  Fires celebrating school pep rallies, scouting activities, or twelfth night ceremonies.

(b)  Camp fires.

(c)  Residential burning where residence contains four or fewer units.  Burning shall be in a noncombustible container with enclosed sides, a bottom, and a mesh covering with openings no larger than 1/4 inches square.  Burning is prohibited in apartment complexes and mobile home parks.

(d)  Farm burning:  Wood products derived from farming operations.  Clearing operations [325 IAC 4-1-4(a)(4)] are not considered farm burning and will require a variance.

(e)  Waste oil burning:  Where the waste oil has been collected in a properly constructed and located pit as prescribed in 310 IAC 7-1-37(A) (Rule 37A of the Division of Oil and Gas, Department of Natural Resources) at an oil well.  Each oil pit may be burned once every two months and all the oil must be completely burned within 30 minutes after ignition.

(2)  All exemptions shall be subject to the following:

(a)  Only wood products shall be burned unless otherwise stated in paragraph (C)(1) above.

(b)  Fires shall be attended at all times until completely extinguished.

(c)  If fires create an air pollution problem, a nuisance, or a fire hazard, they shall be extinguished.

(d)  All residential, farm operation, and waste oil burning shall occur during daylight hours during which the fires may be replenished, but only in such a manner that all of the burning material is consumed by sunset.  Residential fires shall not be ignited before 10:00 a.m. and shall be extinguished by sunset.

(e)  No burning shall be conducted during unfavorable meteorological conditions such as temperature inversions, high winds, air stagnation, and the like.

(D)  Variances.  Burning with the prior approval of the Public Health Board or its designated agent may be authorized for the following:

(1)  Emergency burning of petroleum products.

(2)  Burning of refuse consisting of material resulting from a natural disaster.

(3)  Burning for the purpose of fire training.

(4)  Burning of natural growth derived from a clearing operation, i.e., removal of natural growth for a change of use of the land.

(5)  Burning of highly explosive or other dangerous materials.

(E)  Restrictions.  Other than as provided above in the exemptions and variances, it shall be a violation of this Section to burn any petroleum products, any rubber or plastic products, any liquid wastes, garbage, any construction or demolition debris, or any material such as copper wire, car bodies, or the like for the purpose of salvage.  In addition, it shall be a violation of this Section to burn any wood product that has been coated, painted, varnished, preserved, or treated with any toxic or hazardous chemicals (such as phenols, creosotes, C.C.A. and the like).  The restriction that prohibits burning of these materials applies to all fires, whether they be trash fires, wood stoves, fireplaces, home heating systems, or the like.

(F)  Fire lanes and hydrants.

(1)  Accessibility.  All retail establishments which a fire department may be called upon to protect, in case of fires, that are not readily accessible from public roads, shall be provided with fire lanes so that all buildings on the premises are accessible to fire and public safety apparatus.

(2)  Application.  Fire lanes shall be provided for all retail establishments which are set back more than 150 feet from a public road, or exceed 30 feet in height and are set back more than 50 feet from a public road.

(3)  Distances.  Fire lanes shall be at least 20 feet in width with the road edge closest to the building, and at least ten feet from the building.  Any fire lane more than 300 feet long shall be provided with a turn-around at the closest end at least 90 feet in diameter.

(4)  Maintaining of fire lanes.  It shall be unlawful for any person to park motor vehicles on or otherwise obstruct any fire lane.

(5)  Obstruction of fire hydrants.  It shall be unlawful for any person to park motor vehicles to obstruct use of any fire hydrant.

(G)  Enforcement officials.  The enforcement of this Section shall be by the Police Department, the Fire Chief or designated deputy, and the Board of Public Health by the Health Enforcement Officer.

(H)  Enforcement of  provisions.  New Haven-Adams Township Fire Department shall be charged with the duty of enforcing the terms and conditions of this Section.

[Ord. G-92-22, passed 1-12-93]

                                                      FIRE PREVENTION CODE

'91.10             ADOPTION

There is hereby adopted by the City of New Haven, Indiana, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as The Uniform Fire Code as from time to time published by the International Conference of Building Officials and the Western Fire Chiefs Association, 5360 South Workman Mill Road, Whitter, California.  The version of The Uniform Fire Code adopted by the Indiana Fire Prevention and Building Safety Commission and published in the Indiana Administrative Code is adopted by the City of New Haven save and except such portions as are hereinafter deleted, modified or amended, as fully as if set out at length herein and from the date on which this Section shall take affect the provisions thereof shall be controlling within the limits of the City.

[G-92-22, passed 1-12-93]

'91.11             ENFORCEMENT

(A)  The Fire Prevention Code adopted by '91.10 of this Chapter shall be jointly enforced by the New Haven Police Department and the New Haven-Adams Township Fire Department.

(B)  The Chief of the Fire Department may detail such members of the Fire Department as inspectors as shall from time to time be necessary.  The Chief of the Fire Department shall recommend to the Board of Works the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position.

[G-92-22, passed 1-12-93]

'91.12             TITLE

This Ordinance and all ordinances supplemental or amendatory hereto, shall be known as the Fire Prevention Code of the City of New Haven, Allen County, Indiana, may be cited as such, and will be referred herein as  Athis Code@.

[G-92-22, passed 1-12-93]

'91.13             PURPOSE

It is the purpose and intent of this Code to prescribe regulations consistent with nationally recognized good practice for the safeguarding to a reasonable degree of life and property from the hazards of fire and explosion arising from storage, handling and use of hazardous substances, materials and devices and from conditions hazardous to life or property in the use or occupancy of buildings or premises.

[G-92-22, passed 1-12-93]

'91.14             SCOPE

(A)  The provisions of this Code shall supplement any and all laws relating to fire safety and shall apply to all persons without restriction, unless specifically exempted.

(B)  The provisions of this Code shall apply to existing conditions as well as to conditions arising after the adoption of this Code, except that conditions legally in existence at the adoption of this Code and not in strict compliance therewith shall be permitted to continue only if, in the opinion of the Fire Chief, they do not constitute a distinct hazard to life or property.

(C)  Where there is conflict between a general requirement and specific requirement for an individual occupancy, the specific requirement shall be applicable.

[G-92-22, passed 1-12-93]

'91.15             ADOPTION OF REGULATIONS BY REFERENCE

Fire safety regulations of the Indiana Fire Prevention and Building Safety Commission as set forth in the following Articles of Title 675 of the Indiana Administrative Code are hereby incorporated by reference in this Ordinance and shall include later amendments to those Articles as the same are published in the Indiana Register or the Indiana Administrative Code with effective dates as fixed therein:

(A)  Indiana Fire Code  (675 I.A.C. 22-2-1 and following)

(B)  Indiana Building Code  (675 I.A.C. 13-2 and following)

(C)  Indiana Electrical Code  (675 I.A.C. 17-1.1-1 and following)

(D)  Indiana Mechanical Code  (675 I.A.C. 18-1-1 and following)

[G-92-22, passed 1-12-93]

'91.16             AMENDMENTS

The Uniform Fire Code adopted by the Indiana Fire Prevention and Building Safety Commission and published in the Indiana Administrative Code is hereby supplemented with the following additions:

(A)  Unlawful Continuance of Fire Hazard.  Any person operating or maintaining any occupancy, premises or vehicle subject to this Code who shall permit any fire hazard to exist on premises under his control or who shall fail to take immediate action to abate a fire hazard when ordered or notified to do so by the Chief or his duly authorized representative shall be guilty of a misdemeanor.

(B)  Compliance with Order or Notice.  Any order or notice issued or served as provided in this Code shall be complied with by the owner, operator, occupant or other person responsible for the condition or violation to which the order or notice pertains.  In cases of extreme danger to persons or property,  immediate compliance shall be required.  If the building or other premises is owned by one person and occupied by another, under lease or otherwise, and the order or notice requires additions or changes in the building or premises such as would immediately become real estate and be the property of the owner of the building or premises, such order or notice shall be complied with by the owner unless the owner and occupant have otherwise agreed between themselves, in which event the occupant shall comply.

(C)  Compliance with Condemnation Tag.  A building, premises or thing shall not be used when in violation of this Code.

(D)  Removal or Destruction of Signs or Tags.  A sign or tag posted or affixed by the Chief or his authorized representative shall not be mutilated, destroyed or removed without authority to do so.

(E)  Authority at Fires and Other Emergencies.  The Chief or his authorized representatives, as may be in charge at the scene of a fire or other emergency involving the protection of life and/or property or any part thereof, shall have the power and authority to direct such operation as may be necessary to extinguish or control any fire, perform any rescue operation, investigate the existence of suspected or reported fires, gas leak or other hazardous conditions or situations or of taking any other action necessary in the reasonable performance of their duty.  In the exercise of such power, the Chief or his authorized representatives may prohibit any person, vehicle, vessel or thing from approaching the scene and may remove or cause to be removed or kept away from the scene any vehicle, vessel or thing which may impede or interfere with the operations of the Fire Department and, in the judgment of the Chief or his authorized representatives, any person not actually and usefully employed in the extinguishing of such fire or in the preservation of property in the vicinity thereof.

(F)  Interference with Fire Department.  Any person who obstructs the operations of the Fire Department in connection with extinguishing any fire, or other emergency, or disobeys any lawful command of the Chief or Office of the Fire Department who may be in charge at such a scene, or any part thereof, or any Police Officer assisting the Fire Department, shall be guilty of a misdemeanor.

(G)  Authority to Barricade.  The Chief or other Officer of the Fire Department in charge at the scene of an emergency shall have the authority to place ropes, guards, barricades or other obstructions across any street, alley, place or private property in the vicinity of such operation so as to prevent accident or interference with the lawful efforts of the Fire Department to manage and control the situation and to handle fire apparatus.

(H)  Tampering with Fire Equipment.  No person shall molest, tamper with, damage or otherwise disturb any apparatus, equipment or appurtenance belonging to or under the supervision and control of the Fire Department without authority from the Chief or his authorized representative to do so.

(I)  Tampering with Barricades, etc.  No person, except a person authorized by the Chief or a public officer acting within the scope of his public duties, shall remove, unlock, destroy, tamper with, or otherwise molest in any manner any lock, gate, door, barricade, chain, enclosure, sign, tag, or seal which has been lawfully installed by the Fire Department or by its order or under its control.

(J)  Obstruction of Fire Protection Equipment. 

(1)  General.  No person shall place or keep any post, fence, vehicle, growth, trash, storage, or other material or thing near any fire hydrant, Fire Department connection, or fire protection system control valve that would prevent such equipment or hydrant from being immediately discernible or in any other manner deter or hinder the Fire Department from gaining immediate access to said equipment or hydrant.  A minimum 3-foot clear space shall be maintained around the circumference of the fire hydrants except as otherwise required or approved by the Chief.

(2)  Identification of Hydrants or Equipment.  All fire protection equipment or hydrants shall be clearly identified in a manner approved by the Chief to prevent parking or other obstruction.

(K)  Fire Apparatus Roads.

(1)  General.  Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this Section.

(2)  Where Required.  Fire apparatus access road shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 50 feet from Fire Department vehicle access.

(a)  Exceptions:

(i)  When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this Section may be modified.

(ii)   When access roadways cannot be installed due to topography, waterways, nonnegotiable grades, or other similar conditions, the Chief may require additional fire protection as specified in Section 10.01(b) of the Uniform Fire Code.

(iii)  When there are not more than two Group R, Division 3, or Group M Occupancies, the requirements of this Section may be modified provided, in the opinion of the Chief, fire-fighting or rescue operations would not be impaired.

(b)  More than one fire apparatus road may be required when it is determined by the Chief that access by a single road may be impaired by vehicle congestion, conditions of terrain, climatic conditions, or other factors that could limit access.

(3)  Width.  The unobstructed width of a fire apparatus access road shall be not less than 20 feet.

(4)  Vertical Clearance.  Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. 

(a)  Exceptions.  Upon approval, vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance.

(5)  Permissible Modifications.  Vertical clearances or widths required by this Section shall be increased when, in the opinion of the Chief, vertical clearances or widths are not adequate to provide fire apparatus access.

(6)  Surface.  Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities.

(7)  Turning Radius.  The turning radius of a fire apparatus access road shall be as approved by the Chief.

(8)  Turnarounds.  All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus.

(9)  Bridges.  When a bridge is required to be used as access under this Section, it shall be constructed and maintained in accordance with the applicable Sections of the Building Code and shall use designed live loading sufficient to carry the imposed loads of fire apparatus.

(10)  Grade.  The gradient for a fire apparatus access road shall not exceed the maximum approved by the Chief. 

(11)  Obstruction.  The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles.  Minimum required widths and clearances established under this Section shall be maintained at all times.

(12)  Signs.  When required, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof, or both.

(L)  Premises Identification.  Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property.  Said numbers shall contrast with their background.

(M)  Key Box.  When access to or within a structure or an area is unduly difficult because of secure openings or where immediate access is necessary for life-saving or fire-fighting purposes, the Chief may require a key box to be installed in an accessible location.  The key box shall be a type approved by the Chief and shall contain keys to gain necessary access as required by the Chief.

[G-92-22, passed 1-12-93]

'91.17 APPEALS

Whenever it is claimed that the provisions of this Code do not apply or that the true intent and meaning of this Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision to the Board of Public Works of the City of New Haven within thirty (30) days from the date of the decision appealed. 

[G-92-22, passed 1-12-93]

'91.18 PENALTIES