FIRE PROTECTION AND
FIREWORKS
TITLE 7
FIRE PROTECTION AND FIREWORKS
CHAPTER
1. FIRE DISTRICT.
2. FIRE CODE.
3. FIRE DEPARTMENT.
4. FIRE SERVICE OUTSIDE TOWN LIMITS.
5. FIREWORKS.
CHAPTER 1
FIRE DISTRICT
SECTION
7-101. Fire district described.
7-101. Fire district described. The corporate fire
district shall extend fifty (50) feet upon the adjacent property on either
side of the right-of-way along State Highway No. 62 from Poplar Creek Bridge
to Kelly Town Baptist Church. (1989 Code, ? 7-101)
CHAPTER 2
FIRE CODE
SECTION
7-201. Fire code adopted.
7-202. Enforcement.
7-203. Definition of "municipality."
7-204. Storage of explosives, flammable liquids, etc.
7-205. Gasoline trucks.
7-206. Variances.
7-207. Fire lanes.
7-208. Automatic sprinkler system required.
7-209. Modifications.
7-210. Violations and penalties.
7-201. Fire code adopted. Pursuant to authority granted
by Tennessee Code Annotated, ?? 6-54-501 through 6-54-506, and for the purpose
of prescribing regulations governing conditions hazardous to life and property
from fire or explosion, the Standard Fire Prevention Code, 1994 edition, as
recommended by the Southern Standard Building Code Congress International,
Inc. is hereby adopted by reference and included as a part of this code.
Pursuant to the requirement of Tennessee Code Annotated, ? 6-54-502, one (1)
copy of the fire prevention code has been filed with the city recorder and is
available for public use and inspection. Said fire prevention code is adopted
and incorporated as fully as if set out at length herein and shall be
controlling within the corporate limits. (1989 Code, ? 7-201, as amended by
Ord. #91-06-05, May 1991, modified)
7-202. Enforcement. The fire prevention code herein
adopted by reference shall be enforced by the chief of the fire department. He
shall have the same powers as the state fire marshal. (1989 Code, ? 7-202)
7-203. Definition of "municipality." Whenever
the word "municipality" is used in the fire prevention code herein
adopted, it shall be held to mean the Town of Oliver Springs, Tennessee. (1989
Code, ? 7-203)
7-204. Storage of explosives, flammable liquids, etc.
(1) The district referred to in ? 1901.4.2 of the fire prevention code, in
which storage of explosive materials is prohibited, is hereby declared to be
the fire district as set out in ? 7-101 of this code.
(2)The district referred to in ? 902.1.1 of the fire
prevention code, in which storage of flammable or combustible liquids in
outside above ground tanks is prohibited, is hereby declared to be the fire
district as set out in ? 7-101 of this code.
(3)The district referred to in ? 906.1 of the fire
prevention code, in which new bulk plants for flammable or combustible liquids
are prohibited, is hereby declared to be the fire district as set out in ?
7-101 of this code.
(4)The district referred to in ? 1701.4.2 of the fire
prevention code, in which bulk storage of liquefied petroleum gas is
restricted, is hereby declared to be the fire district as set out in ? 7-101
of this code. (1989 Code, ? 7-204)
7-205. Gasoline trucks. No person shall operate or park
any gasoline tank truck within the central business district or within any
residential area at any time except for the purpose of and while actually
engaged in the expeditious delivery of gasoline. (1989 Code, ? 7-205)
7-206. Variances. The chief of the fire department may
recommend to the town council variances from the provisions of the fire
prevention code upon application in writing by any property owner or lessee,
or the duly authorized agent of either, when there are practical difficulties
in the way of carrying out the strict letter of the code, provided that the
spirit of the code shall be observed, public safety secured, and substantial
justice done. The particulars of such variances when granted or allowed shall
be contained in a resolution of the town council. (1989 Code, ? 7-206)
7-207. Fire lanes. All commercial, retail, and wholesale
business establishments or shopping centers consisting of one or more shops,
in single units or attached together in a contiguous system, shall maintain an
access road not less than 25 ft. in width, which would be clearly marked by
signs or paint on the pavement (or both) "FIRE LANE." This fire lane
shall be used and maintained in order to provide a clear and open route in
which firefighting vehicles, police vehicles, ambulances, or other emergency
vehicles may pass unobstructed in order to deal with any emergency or hazard
that may arise. These fire lanes shall provide access for the aforesaid
vehicles to all businesses and business areas located in the commercial,
wholesale, and retail business establishments and shopping centers.
The Town of Oliver Springs shall be charged with the
responsibility of keeping these fire lanes free and clear of obstructions,
such as parked or disabled vehicles. The Town of Oliver Springs shall have the
authority to write traffic violations, search with valid search warrants,
vehicles and other objects within the fire lane, and to tow away or otherwise
remove the obstructions, such as parked or disabled vehicles, that may block
the fire lane or in some manner violate this section.
This section shall not be interpreted as to require the
Town of Oliver Springs to repair, maintain, replace, grade, or pave the fire
lanes established by the business districts pursuant to this section. The
owner, tenant, designee, or agent of the property owner shall maintain,
repair, replace, grade, or pave, or perform any other tasks of like or similar
manner, upon the fire lane which has been established. The Town of Oliver
Springs shall only enforce traffic violations, other obstructions, and any
other matter which may violate federal, state, local, or town laws, rules,
regulations, and ordinances. (1989 Code, ? 7-207)
7-208. Automatic sprinkler systems required. All
buildings constructed after July 1, 1985, having in excess of 10,000 square
feet of floor area and intended for commercial and industrial use occupancies
shall have automatic sprinkler systems installed to meet National Fire
Prevention Association (NFPA) standards and requirements. (1989 Code, ? 7-208)
7-209. Modifications. When reference is made to the
duties of certain officials named therein, the designated officials of the
Town of Oliver Springs who has duties corresponding to those of the named
official in said code shall be deemed to be the responsible official insofar
as enforcing the provisions of said code are concerned. (Ord. #91-06-05, May
1991)
7-210. Violations and penalties. It shall be unlawful
for any person to violate any of the provisions of this chapter or the
Standard Fire Prevention Code herein adopted, or fail to comply therewith, or
violate or fail to comply with any order made thereunder; or build in
violation of any detailed statement of specifications or plans submitted and
approved thereunder, or any certificate or permit issued thereunder, and from
which no appeal has been modified by the town council or by a court of
competent jurisdiction, within the time fixed herein. The application of a
penalty under the general penalty clause for the municipal code shall not be
held to prevent the enforced removal of prohibited conditions. (1989 Code, ?
7-209)
CHAPTER 3
FIRE DEPARTMENT
SECTION
7-301. Establishment, equipment, and membership.
7-302. Objectives.
7-303. Qualifications and tenure of chief.
7-304. Assistant chief and officers.
7-305. Qualifications and training of members.
7-306. Equipment and compensation of members.
7-307. Police powers and limits on use of equipment.
7-308. Rules and regulations.
7-309. Fire hydrant standards.
7-310. Color coding of fire hydrants.
7-301. Establishment, equipment, and membership. In
order to protect life, avoid injury, and preserve property within the town
limits from fire, the town council hereby organizes a fire department, which
shall consist of such apparatus as the town now has and such as hereafter may
be provided, and personnel to be composed of a chief and such number of
subordinate officers as the town council shall provide. The members of the
fire department shall be subject to such rules and regulations as may be
adopted and approved by the town council. (1989 Code, ? 7-301)
7-302. Objectives. The fire department shall have as its
objectives:
(1)To prevent uncontrolled fires from starting.
(2)To prevent the loss of life and property because of
fires.
(3)To confine fires to their places of origin.
(4)To extinguish uncontrolled fires.
(5)To prevent loss of life from asphyxiation or
drowning.
(6)To perform such rescue work as its equipment and/or
the training of its personnel makes practicable. (1989 Code, ? 7-302)
7-303. Qualifications and tenure of chief. The chief of
the fire department shall be a person especially qualified for the duties
incumbent upon him/her and shall hold office for an indefinite term and only
be removed for cause after public trial before the town council. (1989 Code, ?
7-303)
7-304. Assistant chief and officers. There shall be an
assistant chief for the department and two officers for each fire company,
whose promotion shall be based on an efficient record as fire fighters and
properly certified by the chief to the town council for confirmation. (1989
Code, ? 7-304)
7-305. Qualifications and training of members. The name
of all applicants for membership shall be certified to the town council by the
chief for final confirmation. Applicants must be mentally and physically sound
and of satisfactory age, weight, and height. Special training shall be
required for such engineers and drivers as may be needed. (1989 Code, ? 7-305)
7-306. Equipment and compensation of members. The town
shall furnish to the members of the fire department rubber coats or other
suitable clothing, fire helmets, and rubber boots to be worn at fires, drills,
and on duty only. Said clothing shall be and remain the property of the town
and shall be ordered subject to the approval of the mayor and the town
council. Every member of the fire department who attends and assists at a
fire, or who answers a false alarm, except full time members, shall receive
for said service a sum to be fixed by the town council. In consideration of
special duties to be rendered by the officers of the department, they shall
receive per annum such compensation as may be agreed upon by the town council.
All full time firemen shall receive such compensation as
may be agreed upon by the town council. (1989 Code, ? 7-306)
7-307. Police powers and limits on use of equipment. The
chief shall be authorized to exercise police powers at times of fire and
summons to his assistance such additional help as he may deem necessary to
control the fire. Further, the chief shall and is hereby authorized, to
enforce all fire prevention ordinances contained in the municipal code. Fire
trucks will not leave the Town of Oliver Springs without the express consent
of the safety director, fire chief or other officers in charge. (1989 Code, ?
7-307)
7-308. Rules and regulations. The following rules and
regulations shall govern the fire department.
(1)Preamble. Members of the fire department should
understand that these rules and regulations are not intended to cover every
case which may arise in the discharge of their duties. Something must
necessarily be left to the intelligence and discretion of the individual
officers and members, and to the degree they show they are possessed of these
qualities, and on their zeal, activity, and judgment on all occasions, their
claims to further promotion and reward will hinge.
(2)Chief. (a) The chief shall be at the head of the
department, subject to the rules and regulations herein adopted. He shall be
held responsible for the good order and efficiency of the department.
(b)It shall be his duty to examine the condition of the
fire station, apparatus, hose, and all other property of the department once a
week and whenever directed by the mayor.
(c)He shall drill the department at least monthly in the
use of apparatus and equipment, and also hold one or more meetings a month in
discussing equipment, proper fire fighting methods, fire hazards, and other
business in line of duty, such as hydrants, mains, and water supply. A member
missing three successive regular meetings without permission shall be dropped
from the roll.
(d)He shall keep a complete record of all operations of
the department and submit a monthly and annual report to the town council.
(e)He shall attend all fires, when not providentially
hindered or excused by the mayor, and direct the officers in matters
pertaining to their duties. He may in his judgment suspend members from duty
and make report of such action to the town council as soon as practicable
thereafter.
(f)He shall, with other members of the department, make
inspections of all mercantiles, schools, churches, and factories at least
twice a year.
(g)The chief shall on absenting himself from the town
first notify the assistant chief to take charge of the department.
(3)Assistant chief. The assistant chief shall take
charge of the department in the absence of the chief and assume the same
powers as devolve upon the chief. At all other times he shall perform such
duties as the chief may direct.
(4)Captains. (a) The first captain to arrive at a fire
shall exercise command until arrival of a superior officer. Captains shall
preserve the discipline of their respective companies and make monthly report
of condition of apparatus, hose, and all other equipment in their control to
the chief of the department, direct their companies at fires, and perform such
other duties as the chief may direct.
(b)Captains must instruct each member of their
respective companies concerning their duties at fires and see that each member
knows location, name, and use of each piece of equipment.
(c)Captains must inspect fire trucks and all other
equipment once a week with the engineer or driver and see that all equipment
is on apparatus.
(5)Lieutenants. A lieutenant shall, in the absence of
his captain, exercise the same duties and have the same powers as devolve upon
the captain. At all other times he shall perform such duties as the captain
may direct.
(6)Engineers or drivers. (a) Engineers and drivers must
examine fire trucks daily and after each run, and also check the oil, gas,
water, tires, and keep a record of time pumped and pressure on hydrants, and
make a report to the captain.
(b)Engineers and drivers must examine all fire hydrants
in their district and report all defects to the captain.
(7)Members. (a) All members must obey the orders of
their superior officers when on duty.
(b)They shall assist in returning all equipment to their
respective fire station after fire or drills, unless excused by the officer in
charge.
(c)They shall respond promptly on receipt of fire alarms
and report to their officer in charge.
(d)Every member should know the location, name, and use
of all equipment.
(e)All members shall notify the chief when they are sick
or when they want to be excused from duty.
(f)No member shall be permitted to leave a fire for any
reason unless excused by the officer in command.
(g)It shall be the duty of the chief to acquaint each
person, on becoming a member of the department, with the rules and regulations
governing the same.
(h)Any member of the department may be dropped from the
roll for any of the following offenses:
(i)Intoxication.
(ii)Any act of insubordination.
(iii)Any act of oppression or tyranny.
(iv)Neglect of duty.
(v)Neglect or disobedience of orders.
(vi)Absence from fires or drills without permission.
(vii)Immoral conduct.
(viii)Conduct unbecoming a fire fighter.
(ix) Any violation of the rules and regulations
governing the department. (1989 Code, ? 7-308)
7-309. Fire hydrant standards. Water mains and fire
hydrants shall be installed in such a manner to provide adequate fire flows.
All water mains shall be at least six inches in diameter. However, larger
mains shall be installed when necessary to insure that a minimum of 500 gpm at
20 psi residual pressure is available at all fire hydrants. Based on the color
coding system adopted in ? 7-310, all "red" fire hydrants shall not
be used for connecting a fire department pumper except in those instances
where, in the judgement of the senior fire officer on the scene, there is an
imminent threat to life. (Ord. #93-04-11, Nov. 1993)
7-310. Color coding of fire hydrants. NFPA 291, Fire
Flow Testing and Marking of Hydrants, is hereby adopted by reference and
incorporated into this code as if it were set out at length herein and shall
be controlling within the corporate limits. (Ord. #93-04-11, Nov. 1993)
CHAPTER 4
FIRE SERVICE OUTSIDE TOWN LIMITS
SECTION
7-401. Restrictions on fire service outside town limits.
7-401. Restrictions on fire service outside town limits.
No personnel or equipment of the fire department shall be used for fighting
any fire outside the town limits unless the fire is on town property or, in
the opinion of the fire chief, is in such hazardous proximity to property
owned or located within the town as to endanger the town property, or unless
the town council has developed policies for providing emergency services
outside of the town limits or entered into a contract or mutual aid agreement
pursuant to the authority of:
(1)The Local Government Emergency Assistance Act of
1987, as amended, codified in Tennessee Code Annotated, ? 58-2-601, et seq.
(2)Tennessee Code Annotated, ? 12-9-101, et seq.
(3)Tennessee Code Annotated, ? 6-54-601. (1989 Code, ?
7-401)
CHAPTER 5
FIREWORKS
SECTION
7-501. Sale of within corporate limits prohibited.
7-502. Definitions.
7-501. Sale of within corporate limits prohibited. The
detonation of fireworks and the sale thereof is hereby declared to be unlawful
within the corporate limits of the Town of Oliver Springs. (Ord. #95-07-09A,
Sept. 1995)
7-502. Definitions. (1) "Fireworks" shall mean
and include any combustible or explosive composition or any substance or
combination of substances or article prepared for the purpose of producing a
visible and/or audible effect by combustion or explosion.
(2)"Deflagration" or "detonation"
and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy
guns in which explosives are used, the type of unmanned balloons which require
fire underneath to propel the same, firecrackers, torpedoes, sky rockets,
roman candles, daygo bombs, sparklers, or other fireworks of like construction
and any fireworks containing an explosive or flammable compound or any tablets
or other device containing any explosive substance except that the term
"FIREWORKS" shall not include model rockets and model rocket engines
designed and sold and used for the purpose of propelling recoverable aerial
models and shall not include toy pistols, toy canes, toy guns or other devices
in which paper or plastic caps containing not in excess of an average of
twenty-five hundredths of a grain of explosive content per cap manufactured in
accordance with the United States Department of Transportation regulation for
packing and shipping of toy, paper or plastic caps are used and toy, paper
and/or plastic caps manufactures as provided therein, the sale and use of
which shall be permitted at all times.
Each package containing toy, paper and/or plastic caps
offered for retail sale shall be labeled to indicate the maximum explosive
content per cap. Any violation hereof shall be punishable as are any other
misdemeanors described in this code. (Ord. #95-07-09A, Sept. 1995)