CHAPTER VII. FIRECHAPTER VII. FIRE\ARTICLE 2. FIRE PREVENTION

(a)   OPEN BURNING PROHIBITED EXCEPT BY WRITTEN PERMIT. It shall be unlawful to burn trash, rubbish, leaves, grass, paper, brush, straw, lumber, or any other combustible material, except in an approved gas-fired incinerator, constructed in accordance with applicable building codes. A permit shall be obtained annually from the Fire Chief, or his or her authorized representative, for the use of such incinerator and such permit shall be posted in a conspicuous place adjacent to the incinerator; provided, that these restrictions shall not apply to residential fireplaces or to charcoal, electric or gas-fired burners or broilers used in the preparation of food; provided, further, that the City may authorize the open burning of leaves, grass, yards and gardens by permit.

(b)   OPEN BURNING PERMITS AUTHORIZED. The city Clerk or her deputy may issue permits for controlled open burning of leaves, grass, yards, gardens and other organic matter, subject to rules and regulations set by the Chief of the Attica Fire Department, provided that no permit shall be issued unless the appropriate fee is paid.

(c)   FEES. The fee charged for the issuance of such permit shall be no more than is reasonable for processing the application and is initially set at $10.00, provided that no fee shall be collected nor permits issued during the periods specified in subsection (d) hereof.

(d)   NO PERMITS DURING STATE OR REGIONAL BURNING BANS. No permit shall be issued by the Clerk during any period when an open burning ban is issued by the Governor, State Fire Marshal’s Office, local fire authorities or other authorized state or local officers. Local fire authorities shall notify the Clerk of the effect the dates of any such open burning ban.

(e)   DEFENSE TO CHARGE OF VIOLATION OF CHAPTER. 7, SECTION 201(a) OF CITY CODE. It shall be a defense to a charge of burning in viola lion of subsection (a) , o:f this Section 201, that such burning was done under authority of a written permit issued in accordance with the provisions of subsections (b) and (c) of this Section 201, but issued prior to the effective date of this Ordinance.

(Ord. 997-90-2; Ord. G-1046-97-8; Code 2015)

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.

(Ord. 855, Sec. 1; Code 1991)

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. 

(Ord. 855, Sec. 2; Code 1991)

It shall be unlawful to keep excelsior or other packing material in any other than metal or wood metal lined 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.

(Ord. 855, Sec. 3; Code 1991)

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.

(Ord. 855, Sec. 4; Code 1991)

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 1991)

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 1991)

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 the fire chief deems necessary, 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 1991)

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 abate 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 1991)

Any order made under section 7-209 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 1991)