CHAPTER 7. FIRECHAPTER 7. FIRE\Article 2. Fire Prevention

(a)   It shall be unlawful for any person, persons, corporations, or agents to erect or build any building of lumber or wood on the East half (1/2) of Blocks 11, 14, 17, and 20, and on the West half (1/2) of Blocks 12, 13, and 18, excepting on Blocks 11 and 12, where dwelling houses may be of frame construction, but business houses of any kind constructed on the above named and numbered blocks must be of fire proof material such as brick, stone, cement blocks, concrete or other similar fire proof material. The roof of such buildings shall be of sheet iron, tin, slate, tiling, rubberoid, maltoid, or other non-combustible substances. Provided that any building not over 40 feet long abutting on the alleys back of Main Street, maybe constructed of wooden frames covered with sheet iron or tin.

(b)   All repairing and remodeling to and of any building known as frame construction now located on any of the prohibited territory as set forth above, shall be done only with permission of the governing body and at its direction.

(c)   Any person, persons, corporations, or agents, building or causing the construction of any building for any purpose, in violation of this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than $50.00 nor more than $100.00 or imprisoned not less than 10 days nor more than 20 days, or both fined and imprisoned, and to pay costs of the case.

(d)   Nothing in this section shall be construed as to prohibit the buildings of outbuildings, or sheds for the storing of fuel, or chicken houses, of the material prohibited by this section, provided that all such buildings shall be located within 20 feet from the alley and not nearer than 10 feet to any sidewalk.

(Code 1987, XI-3; Code 2026)

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 2026)

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 2026)

It shall be unlawful to keep excelsior or other packing material in anything 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 2026)

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 2026)

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 2026)

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 2026)

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 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 2026)

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 2026)

Any order made under section 7-208 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 2026)