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HomeMy WebLinkAboutProviding for the Establishment of Bureau of Fire Prevention, Prescribing Regulations for the Fire Prevention and Life SafetyORDINANCE No. 3743 Passed by the Common Council of the City of South Bend, APRIL 24TH 1935Q Presented by me to the Mayor of the City of South Bend, Approved and signed by APRIL 25TH 193b0 Clerk of Common Council Q. AEW7 Clerk - ORDINANCE No. / 1� -T� AN ORDINANCE PROVIDING FOR THE ESTABLISHNMT OF A BUREAU OF FIRE PREVENTION, PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES, PRESCRIBING REGULATIONS FOR FIRE PREVENTION.Q0 LIFE SAFETY, AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. BE IT ORDAINED by the Common Council of the City of South Bend, Indiana; SECTION 1. CREATION OF BUREAU OF FIRE PREVENTION AND GENERAL PROVISIONS A Bureau of Fire Prevention in the Fire Department of the City of South Bend is hereby established which shall be operated under the supervision of the Chief of the Fire Department. The Chief of the Fire Department shall designate an officer or member of the Fire Department as Director of the Bureau of Fire Prevention who shall hold this office at the pleasure of the Chief of the Fire Department. The Chief of the Fire Department shall determine the number of Inspectors on said Bureau and shall detail members of the Fire Department to duties on the Bureau. The word Uperson° whenever used in this ordinance shall be construed to include person, persons, firm or corporation. The word "approved" when applied to materials, type of construction and appliances, refers to approval by the Director of the Bureau of Fire Prevention as a result of investigations and tests conducted by him or by reason of accepted principles or tests by the National Board of Fire Underwriters or the Underwriterst Laboratories,_Inc., or the National Bureau of Standards. SECTION 2. DUTIES OF BUREn7J OF FIRE PREVENTION It shall be the duty of the members of the Bureau of Fire Prevention to enforce all laws and ordinances covering the following: 1. The prevention of fires. 2. The storage and use of explosives and flammables. 3. The installation and maintenance of automatic and other private fire alarm systems, and fire extinguishing equipment. lot a 2nd HEADING .3--2 7-,-6'0 THE x(Nllf 4. The maintenance and regulation of fire escapes. DMMTE OF PUBLIC HEARING Al-lo -,S-0 5. The maintenance of protection and the elimination of 3rd READING a 6 - � Y 4/ hazards in existing buildings and structures, including those NOT APMYED cong tru tion. NI" y a ee `i a J .2- 6. The means.and'adequacy of exit in case of'fire from factories, schools, hotelsj lodging houses, hospitals, churches, halls, theatres', and all other places in which numbers of persons work, meet, live or congregate, from time to time; for any purpose. 7. The investigation of the cause, origin and circumstances of fires. They shall have such other powers and perform such other duties as are set forth in other sections of this and other ordinances, and as may be conferred and imposed from time to time by law. The Chief of the Fire Department, Director of the Bureau of Fire Prevention, or any Inspector may, at all reasonable hours, enter any building or premises within his jurisdiction for the purpose of making any inspection, or investigation which, under the provisions of this or —, dinance he or they may deem necessary to be made. The Chief of the Fire Department, Director of the Bureau of Fire Prevention., or an Inspector specially designated thereto shall inspect, as often as may be necessary, all especially hazardous manu- facturing processes, storages or installations of gases, chemicals, oils, explosive and flammable materials, or interior fire alarm and automatic sprinkler systems, and such other hazards or appliances as the Chief of the Fire Department shall designate and shall issue such order as may be necessary for the enforcement of the laws and ordinances governing the same and for safeguarding of life and property from fire. It shall be the duty of the Chief of the Fire Department to inspect, or cause to be inspected by the Bureau of Fire Prevention, or by the Fire Department officers and members, as often as may be necessary, all buildings and premises except the interiors of private dwellings, for the purpose of ascertaining and causing to be corrected any conditions i to cause fire, or any violations of the provisions or intent of any ordinances of the City affecting the fire hazard. Whenever any Inspector shall find in any building or upon any premises, combustible or explosive matter or dangerous accumulations of rubbish or unnecessary accumulation of waste paper, boxes, shavings, or any highly flammable materials, and which is so situated as to endanger life or property; or shall find obstructions to or on fire escapes, stairs, passageways, doors or windows, liable to interfere with the operations of the Fire Department or egress of occupants in case of fire, he shall order the same to be removed or remedied. Whenever any building, wall or other structure, or any part thereof, shall have been declared to be a fire hazard and ordered repaired, torn down or removed by the Chief of the Fire Department or Director of the Bureau of Fire Prevention, it shall be the duty of the Chief of the Fire Department to forthwith notify the Building Commissioner, in writing, of said order, listing the reasons therefor. In the event any building, wall or other structure, or lany part thereof, shall have been declared to be a fire hazard land ordered repaired, torn down or removed, the Bureau of Fire Inspection shall affix a sign to said building, wall or structure which shall be prominently displayed with lettering thereon read- ing "Condemned. By Order of the Chief of the Fire Department ", and such sign shall remain affixed until removal thereof is authorized by the Chief of the Fire Department or Building Commissioner. The removal of such sign without authorization as aforesaid shall constitute a violation of this ordinance. a .:3.. It shall be the duty of the Chief of the'Fire Department to inspect, or cause to be inspected by the Bureau of Fire Prevention, or by the Fire Department officers or members, each place of assembly in order to insure compliance with ail law9, regulations and orders dealing with use of decorations; maintenance of exit ways, collapse of revolving doors and maintenance of fire appliances in such places of assembly. Where conditions are found to be unsatisfactory, written orders for immediate correction shall be given.. The Chief of the Fire Department, Director of the Bureau of Fire Prevention, or an Inspector, upon the complaint of any person or whenever he or they shall deem it necessary, shall inspect all buildings and premises within their jurisdiction.. whenever any of said officers shall find any building or other structure which, for want of repairs, lack of sufficient fire escapes, automatic or other fire alarm apparatus or fire extinguishing equipment, or by reason of agee>'''``QQo���r� dilapidated condition, or from any other cause, is ospecially�la'abl,-to fire, or which is so situated as to endanger other property or the occupants thereof andwhenever such officers shall find in any building combustible or explosive matter or flammable conditions dangerous to the safety of such building or the occupants thereof he or they shall order such dangerous conditions or materials to be removed or remedied in such manner as will be specified by thee- the Bureau of Fire Prevention. ��The. Chief of the Fire Department is empowered and authorized to modify any of the provisions of this ordinance upon application, in writing, by the owner or lessee, or his duly authorized agent, where there are practical difficulties in the way of carrying out the strict letter of this ordinance, provided that the spirit of this ordinance shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the Chief of the Fire Department theron shall be entered upon the records of the Bureau of Fire Prevention and a signed copy shall be furnished the applicant. SECTION 3. ENFCRCBSNT The service of such orders as mentioned in Section 2 may be made upon the owner, occupant, or other person responsible for the conditions, either by delivering a copy of same personally or by delivering the same to and leaving it with any person in charge of the premises, or in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to the , entrance of the said premises. Whenever it may be necessary to serve such an order upon the owner of the premises such order may be served either by delivering to and leaving with the said person a copy of the said order or, if such owner is absent from the jurisdiction of the officer making the orderi by mailing such copy by registered mail to the ownerxs last known Post Office address. If buildings or other premises are owned by one person and occupied by another under lease or otherwise, the orders issued in connection with the enforcing of this ordinance shall apply to the occupant above, except where the rules or orders require the making of additions to or changes in the premises themselves, such as would immediately become real estate and be the property of the owner of the premises; in such case the rules or orders shall affect the owner and not the occupant unless it is otherwise agreed between the owner and the occupant. Any such order shall forthwith be complied with by the owner or occupant of such premises or building. If'such order is made by the Director of the Bureau of Fire Prevention or one of the Inspectors, such owner or occupant may within twenty —four (24) hours appeal to the Chief of the Fire Department, who shall, within five,(5) days review such order and file his decision thereon and unless by his authority the order is revoked or modified, it shall remain in full force and be complied with within the time fixed in said order or decision of thetZAief of Chief of the Fire Department. FI_RE BOARD OF APPEALS Whenever the Chief of the Fire Department shall have reviewed an order of the Director or Inspector of the Bureau of Fire Prevention and filed his decision thereon, and said decision requires alterations or additions to existing premises or buildings, an appeal from such decision of the Chief of the Fire Department may be taken to the Fire Board of Appeals. The Fire Board of Appeals shall consist of one member of the Bureau of Fire Prevention and four other members, all to be appointed by the Mayor for a term of one year. The Board shall meet at least once a month and shall adopt its own rules of procedure and keep a record of its proceedings and its actions. The presence of three members shall be necessary to constitute a quorum. The Fire Board of appeals shall only hear appeals from the ruling of the Chief of the Fire Department which require alterations or additions to existing premises or buildings. Such appeals shall be made within ten (10) days from the date on which the Chief of the Fire Department has filed his decision on the order before him. The appellant shall file with the Bureau of Fire Prevention and with the Fire Board of Appeals a written notice of appeal, specifying the grounds thereof, The Bureau of Fire Prevention shall upon receiving notice of said appeal, transfer to the Board all documents constituting the record upon which thq action appealed from was taken. The Fire Board of appeals is empowered and authorized to modify any of the provisions of this ordinance where there are practical diffi- culties in the way of carrying out the strict letter of this ordinance, provided, that the spirit of this ordinance shall be observed, public safety secured and substantial justice done. The decision of the Fire Board of appeals shall be complied with within the time fixed in said order by the Board. APPEnLS TO OCURT Any such owner or occupant who feels himself agrieved by any order or affirmed order of the Chief of the Fire Department or the Fire Board of appeals, may within ten (10) days after the making or affirming of any such order, file his petition with the Circuit Court of St, Joseph County, praying a review of such order, and it shall be the duty of such Court to hear the same on the first convenient day, and to make such order in the premises as right and justice may require, and such decision shall be final. SECTION 4. FIRE EXITS No person shall at any time place an encumbrance of any kind whatsoever before or upon any fire escape, balcony or ladder intended as a means of escape from fire. It shall be the duty of every member of the Police or Fire Departments who shall discover any fire escapes encumbered in any manner to forthwith report to the Bureau of Fire Prevention and the said Bureau shall immediately notify the occupant to remove such encumbrance. It shall be unlawful for any person to place, store, or keep or permit to be placed, stored or kept under or at the bottom of any stairway, inside or outside, elevator or other shaft in any building, any combustible or flammable materials, fluids or compounds nor shall any such combustible or flammable materials be placed or stored or kept in,eny place where ignition or burning would obstruct or render hazardous, egress from a building. No obstruction shall be permitted in hallways of boarding houses, tenement houses or apartment houses. All doors, aisles, and passageways within and leading into or out of places of assembly shall be kept free from easels, signs, standards, campstools, chairs, sofas, benches and any other article that might ob- struct or delay the exit of the audience, congregation or assemblage during the entire time during which any show, performanee, services exhibit lecture, concert, ball or other assemblage may be held. Clear passage from all exits and on sidewalks must at all times be maintained outside of all places of assembly. No aisle, passageway or stairway in any store shall be obstructed with tables, show cases or other obstruction during hours said store is open to the public, It shall be the duty of the Police Department to render assistance to the Bureau in the en- forcement of these provisions. ALL required exit doorways, other than those normally used for entrance shall be plainly marked by approved exit signs suf- ficient illuminated when the floor area is occupied, to be readily distinguished. (b) Directional signs shall be placed on walls, or otherwise displayed in conspicuous locations to direct occupants to exits. (c) Required exits shall be kept adequately lighted at all times that the building thereby served is occupied. (d) ;There the number of persons exceeds seventy -five (75) in any room the artificial lighting of the room and of exit ways therefrom shall be by electricity so arranged and supplied that interruption of supply to any one lighting branch circuit will not result in extinguishment of all the lights in the room or all the lights along any exit way. SECTION 5. IAI SCELL4EOUS No person shall kindle or maintain any bonfire, or authorize any such fire to be kindled or maintained on or in any street, alley, road, or public ground unless written permission so to do shall first have been secured from the Bureau of Fire Prevention. No person shall kindle or maintain any bonfire on any private property except within a,wire, metal, concrete or similar non — flammable container or enclosure. No person shall deposit ashes, smouldering. coal-.or embers, greasy or oily substances or other matter liable to create spontaneous ignition, within ten (10) feet of any wooden or plastered wall, partition, fence, floor, sidewalk, lumber, hay, shavings, rubbish, or other combustible materials except in metallic or other non — combustible receptacles. Such.reoeptacles, unless resting on a non — combustible floor or on the ground outside the build- ing, must be placed on non — combustible stands, and in every case must be kept at least two (2) feet away from any combustible wall or partition. No person shall permit to remain upon any roof, or in any court, cart vacant lot or open space, any accumulation of waste paper, hay, grass, straw, weeds, litter or combustible or flammable waste or rubbish of any kind., All weeds, grass vines or other growth, when same endangers property, or is liable to be fired, shall be cut down and removed by the owner or occupant of the property it is on. No person making, using, storing or having charge or control of any shavings, excelsior, rubbish, sacks, bags, litter, hay, straw or combustible trash, waste or fragments shall fail, neglect or refuse at the close of each day to cause all such matter which is not compactly baled and stacked in an orderly manner to be removed from the building or stored in suitable vaults or in metal, or metal lined covered re- ceptacles or bins. The Director of the Bureau of Fire Prevention shall require suitable baling presses to be installed in stores, apartment buildings, factories and similar places where accumulation of paper and waste materials are not removed at least every second day. Electric light bulbs in stores or public halls shall not be decorated with paper or other combustible materials unless such materials shall first have been rendered flameproof. In places of public assembly all combustible decorative materials, including curtains, acoustical materials, streamers, cloth, cotton batting, straw, vines, leaves and moss, but not including floor coverings, shall be rendered flameproof; provided this shall not be required of materials not exceeding one— sixteenth inch in thickness applied directly to and adhering to a non — combustible base, Such flameproofing, unless certified by Underwriterst laboratories, Inc., or other laboratories of recognized standing as being of a permanent nature, shall be renewed each six (6) months, if necessary. SECTION 6. TENTS LICENSE REQUIRED ..g- No tent exceeding one hundred twenty (120) square feet in floor area shall be erected, maintained, operated or used except under a license from the Director of the Bureau of Fire Prevention, which license shall not be issued for a period exceeding thirty 0O)dAIX and shall be re- vocable for cause. When deemed necessary by the Director of the Bureau of Fire Prevention application for said license shall include plans drawn to scale, showing exits, aisles and seating arrangements and details of structural support of tent, seats, platforms, etc. No license shall be issued until the provisions of this ordinance have been complied with, and approval has been obtained from the Board of Public Works and Safety, the Police Department, the Fire Department, and, when tents are to be used for two hundred (200) or more persons, from such other department or departments which may have jurisdiction over places of assembly. LOCATION, CONSTRUCTION AND YIATERIAL Tents exceeding 120 square feet in floor area shall not be erected in the fire limits nor within 20 feet of other buildings. All tents shall be constructed and erected to withstand a wind pressure of 10 pounds per square foot.. 811 canvas, curtains, cloth, rope, netting and decorative materials shall be rendered flameproof, provided that flameproofing will not be required where tents are open on one side and have standing capacity for not exceeding 20 people. A test for flameproofing shall be made of the tent by the fire department prior to each erection and on the decorative and other materials before they are attached to or -placed therein. In lieu of such tests, the fire department may accept a certificate from the manufacturer that the material has been tested by Underwriterst Laboratories, Inc., or some other recognized laboratory, and found to be permanently flameproofed, provided the material has proper identification markings and is not more than three years old or has not been waterproofed subsequently by a process which increases its flammability. Where tents are used as places of assembly with a capacity of 200 or more persons, the seats, chairs, jacks and other appurtenances., if of wood, must be suitably treated to seduce the fire hazard by a suitable application of surface treatment or by impregnation. No tier of seats shall rise to a height exceeding 12 feet. 911 lighting shall be by electricity, with lamps properly guarded to prevent ignition by radiation. In places of assembly emergency lighting facilities must be as provided in the building and electrical codes for theatres. all wiring conductors shall be of a type approved for the class of service and be protected against overcurrent. Loads for feeders and branch .lines shall be limited in accordance with the carrying capacities as specified in the National electrical Code. When deemed necessary by the Electrical Inspector, conductors shall"be trenched and covered, EXITS, a.ISLES AM SEtiTS a minimum of two exits shall be provided where a tent is used as a "place of assembly with a capacity of 100 or more persons, in any tent where 10 or more persons sleep and in any tent involving conditions hazardous to life. When tents are used as a place of assembly with a capacity in excess of 500 people, each exit shall be not less than 9 feet wide, and the number of exits shall be based upon the ratio of one exit to each 500 persons or major fractions thereof which the tent is designed to seat or hold. Such exits shall be placed not over 75 feet apart and exit —ways serving such exits shall be not less than 9 feet in clear width, aisles not less than 44 inches in width shall be provided so that there are not more than 10 seats between any seat and an aisle. Where individual seats are not provided a distance of 18 inches along any bench or platform shall constitute one seat in computing required aisles and exits. Every aisle shall lead directly to an exitway, or to a cross aisle running parallel with the seat rows and leading to an exitway. Such aisles shall not be less in width than the combined width of aisles that they connoct. In tents having a capacity of 1,000 or over faciltiies must be provided for admitting patrons on opposite sides or ends convenient to their seating locations. (The purpose of this requirement is to prevent congestion during the seating period and familiarize patrons with exits closest to their seats.) aisles and exitways shall be used only for passage to and from seats and for vendors carrying their wares. No poles or ropes shall be permitted in aisles and exitways and all exitways and exits shall be kept unobstructed at all times and so maintained as to not present a hazard from fire. This area for a distance of 20 feet beyond any exit shall be kept free and clear and be made readily passable„ {mere two or more tents adjoin, with an opening between, an exit to the outside shall be provided at the point of juncture. MsR%ING b.ND LIGHTING OF EXITS .Al required exits, other than those normally used for entrance, shall be plainly marked during hours of darkness, as to be readily dis- tinguished. Required exitways shall also be kept adequately lighted at -la such times, including the immediate area outside the exits. NO SMOKING Signs prohibiting smoking shallbe prominently displayed at all entrances and at other locations within.any tent used as a place of as- sembly, so that they may be clearly visAble to all occupants. Frequent announcement regarding such prohibition shall be made, preferably over a public address system if available. ;Suitable non — combustible containers shall be provided at all entrances for the proper disposition of cigar or cigarette butts and pipe dottle. MOTION PICTURES No motion picture film of the nitro — cellulose type shall be used, stored or exhibited within a tent. Such exhibitions, when held within a tent, shall be restricted to the use of safety film only. FIRE APPLImNCES The Chief of the Fire Department, or his deputy, shall survey or causo to be surveyed, each tent after it is erected and, if it is to be used as a place of assembly, before it is occupied. He shall require the installation of such fire appliances as are deemed necessary, and designate their location. Such fire appliances may consist of water tanks, pumps, hose, water buckets, extinguishers and fire proof blankets. All fire appliances shall be kept in working condition and all pumps and hose, when used in connection with tank wagons, shall be inspected and tested, if deemed necessary, prior to the occupancy of the tent. Portable extinguishers and similar appliances shall be properly distributed and readily accessible. It shall be the duty of the owner or manager of each exhibition to properly train sufficient responsible employees in the use of fire equipment so that it can be quickly put in operation; the Chief of the Fire Department may require these employees to prove their fitness. SECTION 7. SMOKIM The Chief of the Fire Department or the Director of the Bureau of Fire Prevention is hereby empowered and authorized to inspect all warehouses, stores, industrial establishments and any building, structure or open space in which combustible materials are.handled, stored, manufactured or sold, and where conditions found justify the prohibition of smoking he shall order the owner or occupant, in writing, to post suitable signs or placards in each room, building, structure, elevator or place to which such prohibition of smoking shall be enforced. All such signs or installations shall read "By ORDER OF THE CHIEF OF TIM FIRE DEPtLRTChNT. -11-- CITY ORDINaNCE NO, " The Chief of the Fire Department or the Director of the Bureau of Fire Prevention may designate special rooms or portions of structures in which smoking, under such restrictions as he may designate, may be permitted. The term "smoking" shall include the carrying of lighted pipe, cigar, cigarette or tobacco in any form. It shall be unlawful for any unauthorized person to remove any placard. It shall be unlawful for any person to smoke in any properly placarded place. SECTION 8. PENALTIES FOR VIOLaTION Any and all persons who shall violate any of the provisions of this ordinance or fail to comply therewith, or who shall violate or fail to comply with any order or regulation made thereunder, shall severally and for each and every such violation and noncompliance respectively, be penalized in a sum not to exceed fifty ($50.00) dollars. The imposition of one penalty for any violation of this ordinance shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalties shall not be held to prevent the enforced removal of prohibited conditions. SECTION 9 CONFLICTING ORDINnNCES REPEALED All ordinances and parts of ordinances inconsistent herewith are hereby repealed.. SECTION 10 VALIDITY Should any section, clause, or provision of this ordinance be declared by court of law to be invalid, the same shall not affect the validity of the ordinance as a whole or any other part thereof. This ordinance is effective except where it conflicts with the rules and regulations of the State Fire Marshall, the rules and regulations of the State administrative Building Council and the Laws of the State of Indiana, SECTION 11 EFFECTIVE DATE This ordinance shall take effect and be in force from and after its dote of passage_ approval by the Mayor; and legal publication.