Title 2 PUBLIC SAFETY
Chapter 2.12 FIRE PREVENTION AND PROTECTION
Article I. Fire Prevention
2.12.010 Standard codes adopted.
2.12.020 Annual building inspections.
2.12.030 Reports of inspections.
2.12.040 Notice to repair unsafe buildings.
2.12.050 Fire limits.
2.12.060 Fire investigation.
Article II. Fire Protection
2.12.090 Tampering with fire alarm system.
2.12.100 Injuring fire equipment.
2.12.110 Authority of commander during fires.
2.12.120 Obstructing fireplugs.
2.12.130 Following fire apparatus.
2.12.140 Riding of fire equipment.
2.12.150 Penalties.
2.12.160 Authority of firefighters to cut wires.
Article III. Firemen’s Insurance and Inspection Fund
2.12.180 Acceptance of benefits.
2.12.190 Trustees.
2.12.200 Receipt and disbursements of funds.
2.12.210 Report to state insurance commissioner.
Article IV. Fireworks
2.12.230 Use of fireworks prohibited--Penalty.
2.12.240 Exceptions.
2.12.250 Permits.
2.12.260 Permissible fireworks for public displays.
2.12.270 Sale of fireworks.
2.12.280 Sale to minors.
2.12.290 Identification and marking.
2.12.300 Retail handling.
2.12.310 Storage near flammable material.
2.12.320 Licenses.
Article I. Fire Prevention
2.12.010 Standard codes adopted.
(a) There is adopted by the city for the purpose of prescribing
regulations governing conditions hazardous to life and property from fire or
explosion that certain code known as the Standard Fire Prevention Code
recommended by the Southern Building Code Congress International, Inc., being
particularly the 1991 edition thereof, and any subsequent additions and
amendments thereto, of which code a copy has been and is now filed in the office
of the fire chief, and the same is incorporated as fully as if set out at length
herein; and the provisions thereof shall be controlling in the city, except such
portions as are hereinafter deleted, amended or modified.
(b) There is also
adopted in its entirety the National Fire Protection Association Life Safety
Code, 1985 edition, to supplement the ordinances, rules and regulations of the
city respecting the proper delivery of safety services to the community. (Ord.
O-10-93 § 4 (part), 1993; Ord. O-09-93, 1993; prior code §
2-3-1)
2.12.020 Annual building inspections.
At least once in each and every year, the fire chief, or his designate,
shall make a general inspection of all buildings in the corporate limits and
ascertain if the laws and ordinances in reference to fire protection are
complied with. It shall be the duty of the department to notify the occupant and
owner of all premises of any defects or hazards found in this general
inspection, and see that they are properly corrected. (Ord. O-10-93 § 4
(part), 1993; prior code § 2-3-2)
2.12.030 Reports of inspections.
The fire chief shall report before February 15 the number and dates of
general and quarterly inspections during the preceding year ending December 31,
upon blanks furnished by the insurance commissioner, and furnish such other
information and make such other reports as shall be called for by the insurance
commissioner. (Ord. O-10-93 § 4 (part), 1993; prior code §
2-3-3)
2.12.040 Notice to repair unsafe buildings.
Every building which shall appear to the inspector to be dangerous to life
or limb or, because of its liability to fire, bad conditions of walls,
overloaded construction, decay or other cause, shall be held to be unsafe; and
the inspector shall affix a notice of the dangerous character of the structure
at a conspicuous place on the exterior wall of the building and shall give
immediate notice to the owner or agent, fixing a reasonable time under the
circumstances for the correction of such condition. (Prior code §
2-3-4)
2.12.050 Fire limits.
The city fire limits shall be as determined by the city council. (Prior
code § 2-3-5)
2.12.060 Fire investigation.
The fire chief and/or his designated assistants shall investigate all
fires and shall file a report with the state fire marshal. In cases of fires of
a suspicious origin or when arson is suspected, the fire chief has the authority
to call for assistance from any outside agency. (Ord. O-10-93 § 4 (part),
1993; prior code § 2-3-6)
Article II. Fire Protection
2.12.090 Tampering with fire alarm system.
It is unlawful for any person to injure, destroy or in any manner tamper
or interfere with the system, electrical or other, by which fire alarms are
communicated to the department whether such system belongs to the city or not.
(Prior code § 2-3-22)
2.12.100 Injuring fire equipment.
It is unlawful for any person to in any way injure any hose, ladder or
other apparatus belonging to, or in use by, the department for fire safety or
fire fighting purposes. (Prior code § 2-3-23)
2.12.110 Authority of commander during fires.
During the progress of any fire within the city limits, fire fighters and
police officers, the fire chief (or in case of his absence or disability, the
person in command of the department) shall have complete control of the scene of
such fire, and the vicinity thereof, to such a distance in every direction as
shall be necessary to enable him to effectively fight the fire. All fire
fighters and police officers shall obey all lawful orders given them by the
commander. He may likewise disperse crowds, rope off streets, buildings or other
places within the city limits, destroy buildings or other property and take any
other steps which may appear necessary in extinguishing a fire and in preventing
looting, rioting or other disorder. It shall be the duty of all citizens, at his
request, to render him all lawful assistance therein. No person shall interfere
in any way with the fire chief, or with any person acting under the orders of
the fire chief or acting fire chief while in the discharge of their duties.
(Ord. O-10-93 § 4 (part), 1993; prior code § 2-3-24)
2.12.120 Obstructing fireplugs.
It is unlawful for any person to obstruct any fireplug in such a manner as
to impede the free approach thereto by the fire trucks or other apparatus of the
department. (Prior code § 2-3-25)
2.12.130 Following fire apparatus.
The driver of any vehicle, other than one on official business, shall not
follow any fire apparatus traveling in response to a fire alarm closer than five
hundred feet, or stop within five hundred feet of any fire apparatus stopped in
answer to a fire alarm. (Prior code § 2-3-26)
2.12.140 Riding of fire equipment.
No person not a member of the fire department, unless authorized by a
proper official, shall be allowed to ride on the apparatus or to handle
equipment. (Ord. O-10-93 § 4 (part), 1993; prior code §
2-3-27)
2.12.150 Penalties.
Except as otherwise provided, it shall be a misdemeanor to violate any
provision in this article and, upon conviction, the penalty shall be in
accordance with Section 1.12.510 of this code. (Prior code §
2-3-28)
2.12.160 Authority of firefighters to cut wires.
In cases of fire, the fire chief, or any other person with authority from
him, is authorized to cut any telegraph, telephone, power or other wires within
the city limits without liability to the city for so doing. Nothing in this
section shall be construed to imply that the city authorizes any person to
undertake the personal risk of cutting any of such wires or to render it liable
for any injury to the person so doing. (Ord. O-10-93 § 4 (part), 1993;
prior code § 2-3-29)
Article III. Firemen’s Insurance and Inspection Fund
2.12.180 Acceptance of benefits.
The city accepts the benefits of Title 38, Chapter 57 of the South
Carolina Code of Laws relative to disposition of funds arising from insurance
companies doing business in this state. (Prior code § 2-3-41)
2.12.190 Trustees.
The mayor, city administrator and one council member to be elected by the
council, are appointed trustees of the Firemen’s Insurance and Inspection
Fund. They shall have control thereof and direct its disbursements under such
rules and regulations as may be adopted by them in accordance with state law.
(Ord. O-15-93, 1993: O-10-93 § 4 (part), 1993; prior code §
2-3-42)
2.12.200 Receipt and disbursements of funds.
The clerk-treasurer is authorized to receive the benefits of the
Firemen’s Insurance and Inspection Fund from the state treasurer. All
money so collected shall be set apart, and shall be paid out only upon the
orders of the board of trustees, under the rules and regulations adopted by
them. (Prior code § 2-3-43)
2.12.210 Report to state insurance commissioner.
The fire chief shall file with the insurance commissioner, on a blank
furnished by him, a certificate that the city has an organized fire department,
a list of the equipment, and other facts that may be required by the insurance
commissioners. (Ord. O-10-93 § 4 (part), 1993; prior code §
2-3-44)
Article IV. Fireworks
2.12.230 Use of fireworks prohibited--Penalty.
It is unlawful for any person to fire, shoot or discharge any fireworks of
any description within the city, except as provided in this chapter. The penalty
for the violation of this section shall be in accordance with Section 1.12.510.
(Prior code § 2-3-51)
2.12.240 Exceptions.
Nothing in this chapter shall apply:
(1) To the manufacture, storage,
sale or use of signals necessary for the safe operation of railroads or other
public or private transportation;
(2) To illumination devices for
photographic use;
(3) To the military or naval forces of the state or United
States;
(4) To fire fighters;
(5) To the sale or use of blank cartridges
for ceremonial, theatrical or athletic events;
(6) To the transportation or
use of fireworks solely for agricultural purposes;
(7) To toy paper pistol
caps which contain less than twenty-five hundredths grains of explosive
compounds, toy pistols, toy canes, toy guns or other devices using paper caps.
(Ord. O-10-93 § 4 (part), 1993; prior code § 2-3-52)
2.12.250 Permits.
Any person desiring to hold a public display of fireworks shall first
secure from the fire chief a written permit to hold such a display at least ten
days prior to the date of the display; provided, no permit shall be issued to
allow any public display of fireworks within the fire limits of the city, or at
any location whereby, in the judgment of fire chief, life or property may be
endangered. (Ord. O-10-93 § 4 (part), 1993; prior code §
2-3-53)
2.12.260 Permissible fireworks for public displays.
Nothing in this chapter shall be construed to prohibit the shipping, sale,
possession and use of fireworks for public displays; and such items of fireworks
which are to be used for public display only and which are otherwise prohibited
for sale and use within the city shall include display shells designated to be
fired from mortars, display set pieces of fireworks classified by the
regulations of the Interstate Commerce Commission as “Class B
Fireworks,” and shall not include such items of commercial fireworks as
cherry bombs, tubular salutes, repeating bombs, aerial bombs and torpedoes.
(Prior code § 2-3-54)
2.12.270 Sale of fireworks.
(a) It is unlawful for persons to possess, sell, offer for sale, store or
transport within the city any fireworks other than those herein enumerated. The
permissible fireworks consist of ICC Class C “Common Fireworks” only
for the transportation of explosives and other dangerous articles, and shall
include the following:
(1) Roman candles whose total pyrotechnic composition
shall not exceed twenty grams each in weight;
(2) Bottle-type rockets whose
pyrotechnic composition shall not exceed twenty grams each in
weight;
(3) Cylindrical fountains whose total pyrotechnic composition shall
not exceed seventy-five grams each in weight and whose inside diameter shall not
exceed three-fourths inch;
(4) Cone fountains whose total pyrotechnic
composition shall not exceed fifty grams each in weight;
(5) Wheels whose
total pyrotechnic composition shall not exceed sixty grams in weight, for each
driver unit, but there may be any number of drivers on any one wheel and the
inside bore of driver tubes shall not be over one-half
inch;
(6) Illuminating torches and colored fire in any form whose total
pyrotechnic composition shall not exceed one hundred grams each in
weight;
(7) Sparklers whose total pyrotechnic composition shall not exceed
one hundred grams each in weight;
(8) Firecrackers and salutes with casings,
the external dimensions of which do not exceed one and one-half inches in length
and one-quarter inch in diameter, and other items designed to produce an audible
effect, the total pyrotechnic composition of which does not exceed two grains
each in weight; and
(9) Items composed of a combination of two or more
articles or devices of the above enumerated approved items.
(b) No component
of any device listed in this section which is designed to produce an audible
effect shall contain pyrotechnic composition in excess of two grains in weight,
excluding propelling or expelling charges designed to produce a loud and
piercing effect.
(Prior code § 2-3-55)
2.12.280 Sale to minors.
It is unlawful to sell or offer for sale any fireworks to children under
the age of fourteen years unless accompanied by a parent or guardian. (Prior
code § 2-3-56)
2.12.290 Identification and marking.
No permissible article of common fireworks enumerated in Section 2.12.270
shall be sold, offered for sale, possessed, stored or used in the city unless it
shall be properly named to conform to the nomenclature of that section, and
unless it is certified as “common fireworks” on all shipping cases
and by imprinting on the article to be of sufficient size and so positioned as
to be readily recognized by law enforcement authorities and the general public.
(Prior code § 2-3-57)
2.12.300 Retail handling.
All retailers are forbidden to expose fireworks where the sun shines
through glass on the merchandise displayed, except where such fireworks are in
the original packages, and all fireworks kept for sale on front counters must
remain in original packages, except where an attendant is on constant duty;
provided, however, that fireworks in open stock may be kept in show cases or
counters out of reach of the public without an attendant being on duty. Signs
reading “FIREWORKS FOR SALE--NO SMOKING ALLOWED” shall be displayed
in the section of the store set aside for the sale of fireworks. (Prior code
§ 2-3-58)
2.12.310 Storage near flammable material.
Fireworks shall not be sold or kept for sale in a place of business where
paints, oils, varnish, turpentine, gasoline or other flammable substances are
kept in unbroken containers, unless in a separate and distinct section or
department of the store. (Prior code § 2-3-59)
2.12.320 Licenses.
All retailers shall, before commencing business, obtain a license from the
clerk-treasurer. The clerk-treasurer shall issue such license only after
approval of the applicant and the place of business by the fire chief. (Ord.
O-10-93 § 4 (part), 1993; prior code § 2-3-60)
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