CHAPTER VII. FIRECHAPTER VII. FIRE\Article 2. Fire Prevention

The Fire Prevention Code, 1976 Edition, supplemented by the November 1982 amendments, as recommended by the American Insurance Association is hereby adopted by reference for the purpose of regulation of conditions hazardous to life and property from fire and explosion including the Appendix thereof, as stated in the “City of Palco Official Copy.” No fewer than three copies of the Fire Prevention Code shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Palco,” and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business.

(Code 1990)

The code hereby adopted shall be enforced by the chief of the fire department.

(Code 1990)

(a)   Wherever the word municipality is used in the code hereby adopted, it shall be held to mean the City of Palco.

(b)   Article 13, Fireworks, of the Fire Prevention Code is hereby deleted in its entirety.

(Code 1990)

(Reserved)

It shall be unlawful for any person to allow to accumulate or to keep in any part of any building or outside of and adjacent to any building or in any alley, sidewalk, street or premises within 30 feet of any building any rubbish, trash, waste paper, excelsior, empty boxes, barrels or other combustibles which shall constitute a fire hazard.

(Code 1970, 6-301; Code 1990)

It shall be unlawful for any person to deposit, stack or store any hay or straw within 500 feet of any building located inside the fire limits of the city.

(Code 1970, 6-302; Code 1990)

It shall be unlawful to keep excelsior or other packing material in any other than metal or wood metal line boxes or bins having self closing or automatic covers. All refuse and trash from rooms where packing or unpacking is done shall be removed daily.

(Code 1970, 6-303; Code 1990)

It shall be unlawful to store ashes inside of any nonfireproof building unless they are stored in a noncombustible container or receptacle, and a clearance of at least five feet shall be maintained between such container or receptacle and any combustible materials not placed therein. Ashes shall not be stored outside of any building in wooden, plastic, or paper product receptacles or dumped in contact with or in close proximity to any combustible materials.

(Code 1970, 6-304; Code 1990)

The engines of motor vehicles shall be stopped when the gasoline tanks of such vehicles are being filled with gasoline at service stations or other places where gasoline Is supplied to motor vehicles. The driver or person in control of such vehicle when the gasoline tank of same is being filled who refuses, neglects or fails to stop the engine of such vehicle shall likewise be guilty of a violation of this code.

(Code 1990)

It is unlawful for any person to cause or create anywhere within the city, or to permit on any premises under his or her control, any situation or condition that is conducive to or likely to cause or permit the outbreak of fire or the spreading of fire. Any situation or condition conducive to the outbreak of or spreading of fire, is declared to be a fire hazard. The violation of or failure to comply with any law pertaining to the storage, handling or use of inflammable oils, explosives, liquefied petroleum gases, or fertilizers and all wires and other conductors charged with electricity, is declared to be a fire hazard. The placing of stools, chairs or any other obstruction in the aisles, hallways, doorway, or exit of any theater, public hall, auditorium, church or other place of indoor public assemblage, or the failure to provide any such place of public assemblage with sufficient, accessible and unobstructed fire exits and escapes is also declared to be a fire hazard. The obstruction of any street, avenue, alley, fire hydrant or any other condition that might delay the fire department in fighting fire is declared to be unlawful.

(Code 1990)

It shall be the duty of the fire chief to inspect or cause to be inspected by fire department officers or members, as often as may be necessary but not less than twice a year in outlying districts and four times a year in the closely built portions of the city, all buildings, particularly all mercantile buildings, manufacturing plants, warehouses, garages, hotels, boarding houses, rooming houses, theaters, auditoriums and all places of public assemblage, for the purpose of discovering the violation of any fire preventive law or any fire hazard and ascertaining and causing to be corrected any conditions liable to cause fires and to see that all places of public assemblage, hotels and rooming houses have sufficient and unobstructed facilities for escape therefrom in case of fire.

(Code 1990)

Whenever any officer or member of the fire department shall find or discover any fire hazard or shall find in any building or upon any premises combustible or explosive material or dangerous accumulation of rubbish or unnecessary accumulation of paper, boxes, shavings or any other inflammable material, so situated as to endanger property by the probability of fire, or shall find or discover any violation of this chapter or any other law hazardous to public safety from fires, the fire chief shall order the fire hazard or danger from the fire forthwith abated and remedied and such order shall be complied with immediately by the owner or occupant of such buildings or premises. If the hazard or condition ordered abated and remedied is a violation of, or a failure to comply with any law, the fire chief shall report the matter to the city attorney and he or she shall, if he or she deems it advisable, prosecute the offender.

(Code 1990)

Any order made under section 7-212 shall be in writing and may be served personally upon the owner or occupant of the premises or by leaving it with any person in charge of the premises or if the premises are unoccupied and the owner is a nonresident of the city, then by mailing a copy to the owner’s last known post-office address. One notice to either the occupant or owner shall be sufficient. The fire chief shall keep a record of and copies of all such orders and notices and shall follow up such notices at the expiration of the time for compliance therewith and when complied with make proper entry, and if not complied with, file complaint with the municipal court against the property owner and/or occupant.

(Code 1990)

It shall be unlawful to burn trash, rubbish, leaves, lumber, straw or any other combustible material in any street, alley, or vacant lot within the fire limits or within 25 feet of any building in the city, except in an approved garbage burner so constructed as to prevent the escape of sparks or burning material.

(Code 1970, 6-305)

No person shall keep or cause to be kept or stored in any building in the city any kerosene or coal oil in quantities exceeding five barrels.

(Code 1970, 6-401)

No person, firm or corporation shall keep or store or cause to be kept or stored in any building in the city any gasoline, naphtha, benzene or any other light product of crude petroleum or fuel oil in quantities exceeding five gallons, except that contained in tanks of automobiles, tractors, motorcycles, or other self-propelled vehicles. All inflammable liquids not stored in underground tanks, other than in tanks of automobiles, tractors, motorcycles or other self-propelled vehicles shall be kept in tight and entirely closed metal cans, free from leak and painted red. Underground tanks must be provided with screened vents and their locations and the pumps connected therewith must be approved by the chief of the fire department.

(Code 1970, 6-402)

No person shall store or cause to be stored in the open upon any premises in the city any gasoline, naphtha, benzene or any other light produce of crude petroleum or fuel oil in quantities exceeding one barrel, except as otherwise provided in this article.

(Ord. 71, Sec. 3; Code 1970, 6-403)

Vent and fill pipes from underground tanks containing gasoline, benzene, naphtha or other light products of crude petroleum shall not be located within five feet of any building having the nearest wall constructed of combustible material or within five feet of any opening in any wall of any building.

(Code 1970, 6-404)

Large aboveground tanks containing flammable liquids such as gasoline, benzene, naphtha, kerosene and other light products of crude petroleum or fuel oil used in connection with wholesale and distributing stations shall not be located within the fire limits, nor within 300 feet of any school, church or hospital. Tanks shall be of all steel gastight construction and equipped with screened vents of ample size. Wooden roof tanks are hereby prohibited. The location of such tanks shall have the approval of the chief of the fire department and the minimum distance an aboveground tank may be from the line of adjoining property which may be built upon, shall be as follows:

Capacity of Tank in Gallons           Distance in Feet

300 or less........................................ 5

500 or less...................................... 10

1,000 or less.................................... 20

8,000.............................................. 25

12,000............................................. 30

18,000............................................ 40

24,000............................................ 50

48,000............................................ 75

100,000......................................... 100

150,000......................................... 150

250,000......................................... 250

500,000......................................... 300

(Code 1970, 6-405)

Flammable liquids shall not be drawn or handled in the presence of open flame or fire but may be drawn and handled by daylight or when lighting is by incandescent electric lamps in vapor proof globe.

(Code 1970, 6-406)