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BILL NO. <br />AN ORDINANCE OF THE COMMON COUNCIL OF <br />THE CITY OF SOUTH BEND, INDIANA, AMENDING <br />CHAPTER 9, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE, <br />TO ADD SECTION 21, PROVIDING FOR EXTINGUISHING NUISANCE <br />FIRES UPON DIRECTION OF THE FIRE CHIEF <br />STATEMENT OF PURPOSE AND INTENT <br />The purpose of this ordinance is to amend Chapter 9, Article <br />4 of the South Bend Municipal Code, which governs Leaf Burning and <br />Air Pollution Control, to add a provision set forth in the existing <br />Indiana Fire Code allowing for recreational fires and for <br />extinguishment of otherwise permitted fires if the fire poses a <br />hazard to nearby property or a risk to health or safety. <br />The Indiana Fire Code, which is incorporated into the South <br />Bend Municipal Code in Sections 6 -2 and 9 -2 of the South Bend <br />Municipal Code, currently allows for recreational fires and certain <br />open burning, and provides that the Fire Chief may order <br />discontinuance of such fires if they constitute a hazardous <br />condition. 2006 International Fire Code, Section 307; 675 IAC 22- <br />2.4 -1; 675 IAC 22- 2.4 -4(4). <br />The Common Council of the City of South Bend determines that <br />it will assist the citizens of South Bend to incorporate into <br />Chapter 9 of the South Bend Municipal Code the direction already <br />provided in the Indiana .Fire Code regarding recreational fires and <br />open burning, and to specify in the Municipal Code that fires that <br />are otherwise permitted may be ordered extinguished if the Fire <br />Chief or designee of the Fire Chief determines that the fire poses <br />a hazardous condition or a risk to the health or safety of persons <br />or property in the surrounding area. This addition will assist <br />citizens with ready access to the standards and procedures set <br />forth in the Indiana Fire Code regarding recreational fires and <br />open burning. <br />SECTION I. Chapter 9, Article 4, Section 9 -21, of the South <br />Bend Municipal Code shall be, and hereby is, added to read as <br />follows: <br />sec. 9 -21 Rsz-e = Discontinuance of recreational fires or o gn <br />burning tapQ.n direction of fire chief. <br />(a) Those fires which are not otherwise prohibited by Section <br />9 -20 of this Code may be allowed exce t as provided in subsection <br />(b) of this section. <br />The Chief of the South Bend Fire Department or the <br />