Sec. 10-1. - Purpose of chapter; cumulative of other law.

This chapter is enacted for the public need in the extinguishment of fires, and the preventing, eliminating or minimizing the fire hazard for the safety of life and property in the county.

This chapter shall be in addition to the measures of fire prevention as set forth in the laws and regulations of the state and of the United States.

(Ord. No. 417, § 2, 6-29-82)

Sec. 10-2. - Fire chief—Designated; duties.

There is created the office of county fire chief.

It shall be the duty of the county fire chief to enforce the various provisions of this chapter and all orders and other ordinances of the board of supervisors of the county and the laws of the state relating to the prevention and suppression of fire; the maintenance of automatic and other fire alarm and extinguishment equipment; the storage and use of flammable material; the maintenance of adequate means of egress in case of fire from factories, stores, hotels, apartment houses, asylums, hospitals, places of public assemblage, and all other places in which a number of persons are housed, live, work or congregate; and the investigation of the cause, origin, and circumstances of fires.

References in this chapter to the county fire chief shall include his duly authorized employees, agents and representatives.

(Ord. No. 417, § 2, 6-29-82)

Sec. 10-3. - Same—Powers of peace officers.

For the purpose of enforcing this chapter and all orders and other ordinances of the board of supervisors of the county and laws of the state pertaining to the prevention of fires and protection of the unincorporated area of the county from fire, the county fire chief and his duly authorized employees, agents and representatives shall have the powers of peace officers.

(Ord. No. 417, § 2, 6-29-82)

Sec. 10-4. - Same—Right of entry.

The county fire chief shall have the right to enter any land, building, structure or premises in the unincorporated area of the county at any reasonable hour for the purpose of enforcing the provisions of this chapter or any other ordinance of the county or any law of the state pertaining to the prevention of fires and the protection of life and property from fire.

(Ord. No. 417, § 2, 6-29-82)

Sec. 10-5. - Same—Interference with entry by others.

It shall be unlawful for any person to interfere with, prevent or attempt to prevent the county fire chief from entering and examining any such land, building, structure or premises, when reasonable demand is made in advance.

(Ord. No. 417, § 2, 6-29-82)

Sec. 10-6. - Unlawful conduct at fires.

Every person who, at the scene of any fire, disobeys the lawful orders of the county fire chief, or offers any resistance to or interference with the lawful efforts of the county fire chief to extinguish any fire, or engages in any disorderly conduct calculated to prevent the same from being extinguished, or who forbids, prevents or dissuades others from assisting to extinguish the same, is guilty of a violation of this chapter.

(Ord. No. 417, § 2, 6-29-82)

Sec. 10-7. - Standards of safety.

In connection with the enforcement of this chapter, the regulations of the National Fire Protection Association and of the American Insurance Association, successor to the National Board of Fire Underwriters, shall be considered standard good practice requirements, and for the purpose of reference in connection with the enforcement of this chapter a complete set of such current regulations shall be kept on file in the office of the county fire chief.

(Ord. No. 417, § 2, 6-29-82)

Sec. 10-8. - Barriers at fires.

The peace officers of the county and the county fire chief are authorized to place barriers across any street, public place or private property, necessary or expedient to prevent accident or interference with the lawful efforts of the county fire chief at the scene of any burning building, structure or material when the county fire department is engaged in combating such fire, and such peace officers and county fire chief are authorized to prevent any person from passing over or under any such barrier and from entering within the space set apart or enclosed by means of such barriers, except such persons having a pass issued by the county fire chief or peace officers, or otherwise having lawful right to enter. It shall be unlawful for any person not authorized by this section to pass over or under such barrier or to fail, refuse or neglect to go outside of the space so enclosed when ordered so to do by the county fire chief or peace officer engaged in assisting the county fire chief.

(Ord. No. 417, § 2, 6-29-82)

Sec. 10-9. - Permit provisions generally—Authority and duty to issue.

The county fire chief is authorized and empowered to issue permits required by this chapter.

(Ord. No. 417, § 2, 6-29-82)

Sec. 10-10. - Same—Restrictions.

Every permit issued by the county fire chief shall contain such safeguarding restrictions and precautions as are reasonably necessary to prevent fires or the use of fire from endangering life or property.

(Ord. No. 417, § 2, 6-29-82)

Sec. 10-11. - Same—Revocation.

Any permit may be revoked or suspended by the county fire chief when the permittee violates any of the terms or conditions contained in such permit or when it is necessary for the public safety.

(Ord. No. 417, § 2, 6-29-82)

Sec. 10-12. - Same—Violation of terms or conditions.

It shall be unlawful for the permittee to violate any of the terms or conditions contained in any permit issued by the county fire chief.

(Ord. No. 417, § 2, 6-29-82)

Sec. 10-13. - Same—Additional precautions; continued liability.

Regardless of the terms and conditions of any permit issued under the provisions of this chapter, any person burning any material or setting any fire shall observe all reasonable care and precautions in so doing and nothing contained in such permit shall relieve or exonerate any such person from any civil liability for violation of any legal duty imposed upon him by law or for any criminal liability by reason of any violation of law.

(Ord. No. 417, § 2, 6-29-82)

Sec. 10-14. - Burning—Permit required; exceptions.

It shall be unlawful for any person to build, light, maintain, use or to cause or permit to be built, lighted, maintained or used any fire in or upon any grain, grass, brush or forest covered land in the unincorporated area of the county or any fire for clearing land, or to burn or to cause or permit to be burned any brush, stumps, logs, fallen timber, slash, fallows, rank growth, weeds, lumber, grass, trash, rubbish, stubble, paper, leaves, litter or other flammable or combustible materials within the unincorporated area of the county unless such person first obtains a permit to do so from the county fire chief and then only in strict accordance with the terms of the permit; except as follows:

(1)

Nothing in this section shall prevent the use of fires in permanent dwellings for domestic purposes.

(2)

No permit will be necessary to burn flammable or combustible material for cooking of food for human consumption in properly constructed outdoor cooking grills and similar devices having spark arresters and otherwise approved by the county fire chief where the land around such cooking grill or similar device is cleared of all flammable and combustible material within a radius of at least ten feet and said cooking grill or similar device is located at least ten feet from any building or structure.

(Ord. No. 417, § 2, 6-29-82)

Sec. 10-15. - Same—Leaving fire unattended.

It shall be unlawful to leave, or cause or permit to be left, any fire unattended by an adult person, or such persons as may be required in the permit issued for any such fire by the county fire chief. Before leaving any such fire, such persons in charge of such fire shall thoroughly extinguish same by completely covering it with dirt, saturating it with water, or otherwise treating it in such a manner to prevent rekindling of such fire.

(Ord. No. 417, § 2, 6-29-82)

Sec. 10-16. - Fire breaks—For flammable vegetation on land.

Every person owning, leasing, being in possession of, occupying or having control of any land within the unincorporated area of the county upon which there has been sown, or upon which there is standing, growing or grown, or upon which there lays after being severed from the land, any wheat, oats, barley, hay, brush, vines, trees or vegetation of any kind, which is or has become flammable or easily ignited shall, during the seasons when the same or any part thereof is flammable or easily ignited, maintain on the outer boundary of said lands, where the same are adjacent to any farming lands having flammable vegetation thereon, or adjacent to any highway through farming lands upon which there is any such grain, hay, brush, vines, trees or vegetation of any kind of a flammable nature and in a condition as hereinabove described, an effective fire break of at least 20 feet in width.

(Ord. No. 417, § 2, 6-29-82)

Sec. 10-17. - Same—For buildings near flammable vegetation.

Every person being the owner of, leasing, in possession of, occupying or having control of any building or structure within the unincorporated area of the county which is upon or adjacent to any land upon which there has been sown, or upon which there is standing, growing or grown, or upon which there lays after being severed from the land, any wheat, oats, barley, hay, brush, vines, trees or vegetation of any kind, which is or has become flammable or easily ignited shall, during the seasons the same or any part thereof is flammable or easily ignited, maintain an effective fire break around said building of at least 20 feet.

(Ord. No. 417, § 2, 6-29-82)

Sec. 10-18. - Same—Warehouses.

Every person owning, leasing, being in possession of, occupying or having control of any warehouse or building maintained for the storage of grain, hay, rice, foodstuffs, or other property of any kind or character within the unincorporated area of the county shall at all times maintain around said warehouse or building an effective fire break of at least 20 feet.

(Ord. No. 417, § 2, 6-29-82)

Secs. 10-19—10-22. - Reserved.

Editor's note—

Ord. No. 560, § 1, adopted April 1, 1997, repealed §§ 10-19—10-22, which pertained to fireworks. See the Code Comparative Table.

Sec. 10-23. - Flammable liquid storage.

(a)

It shall be unlawful to install, or permit to be installed, aboveground, at a lesser distance than 50 feet from any building or property line, any container or device capable of storing or handling flammable liquids in quantities in excess of 52 gallons, unless a permit shall have been obtained from the county fire chief.

(b)

Containers or devices capable of storing or handling flammable liquids in quantities of 52 gallons or less may be installed or permitted to be installed, aboveground, to within ten feet from any building or property line. No flammable liquids in quantities in excess of one gallon shall be stored inside any building or within ten feet thereof unless inside a container of a type approved by the county fire chief.

(Ord. No. 417, § 2, 6-29-82)

Sec. 10-24. - Obstruction of public assemblage exits.

It shall be unlawful to place or allow to be placed in any aisle or passageway of any theater, church, lecture hall, or other place of public assemblage, any chair, campstool or other obstruction, or to permit any person, excepting a peace officer, fireman or employee, to remain standing in such aisle, passageway or stairway while such place is open to the public, and it shall be unlawful to park any car, bicycle or other vehicle in front of any entrance or exit to any theater or place of public assemblage or to otherwise block the passageway to the street to and from such entrance or exit.

(Ord. No. 417, § 2, 6-29-82)

Secs. 10-25—10-34. - Reserved.