Legislation # 06-0579 Enactment Number none
Type Closed Session Certification Effective Date none
Introduction Date 10/11/2006
Title An Ordinance to Amend and Re-Enact Chapter 14, Article I of the Code of the City of Hampton, Virginia, Entitled, ‘FIRE PREVENTION AND PROTECTION’, by Repealing Sections 14-6, 14-7, 14-8 and Adding Thereto New Sections 14-11 OPEN BURNING PROHIBITED; EXCEPTIONS, 14-12 FIRES ON BEACHES PROHIBITED; EXCEPTIONS, 14-13 DAMAGING PROPERTY BY FIRE, 14-14 FIREWORKS AND PYROTECHNIC DISPLAYS PROHIBITED; EXCEPTIONS.
 
Legislation History 06-0579
DateNotice Of ActionDescription
10/25/2006 Adopted on Second and Final Reading - Councilman Spencer's motion was to adopt this ordinance on second reading with the following amendment to Section 14-14: 1) Strike the word "sparkler" from paragraph (a), and; 2) Add the following as a second sentence to paragraph (b): "The provisions of this section shall not apply to sparklers when used or ignited by an adult or a minor under the supervision of an adult."
10/11/2006 Adopted on First Reading - Information was presented by Fire Chief James Gray and Battalion Chief Anne Marie Loughran.
10/11/2006 Presented by Fire Chief James Gray and Anne Marie Loughran, Battalion Chief. A presentation will be given for the public during the evening session.
9/30/2006 Received By Clerk's Office
 
View Attachments 06-0579
FileTypeSizeDescription
Chapter 14.ArticleI.amend.redline.Sept. 28.doc Other 68K Red-line copy of ordinance
fireworks ordinance FINAL.ppt Power Point Presentation 102K Presentation
 
Legislation Text 06-0579

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 06-0579

 

Enactment Number: -

 

An Ordinance to Amend and Re-Enact Chapter 14, Article I of the Code of the City of Hampton, Virginia, Entitled, FIRE PREVENTION AND PROTECTION, by Repealing Sections 14-6, 14-7, 14-8 and Adding Thereto New Sections 14-11 OPEN BURNING PROHIBITED; EXCEPTIONS, 14-12 FIRES ON BEACHES PROHIBITED; EXCEPTIONS, 14-13 DAMAGING PROPERTY BY FIRE, 14-14 FIREWORKS AND PYROTECHNIC DISPLAYS PROHIBITED; EXCEPTIONS.

 

 

Charter References: Division of fire of department of public safety, 9.01, 9.02.

Cross References: Examinations to determine qualifications of firemen, 2-107; criminal

history investigation of applicants for position of firefighter, 2-108; building and development regulations, Ch. 9; removal of power wires during fire, 9-68; authority of city to attach its fire alarm circuits and signal wires on power and telephone poles, 9-69; requirement of site plan ordinance that buildings and structures be accessible to fire and other emergency vehicles, 9-166(3); fire-fighting equipment in mobile home parks, 20-52; direction of traffic at scene of fire, 21-17; calling fire-fighting apparatus without cause or malicious activation of fire alarm in public building, 24-8; smoking, Ch. 30.5; fire hydrants in subdivisions, 35-81.

State Law References: Fire protection, Code of Virginia, title 27

 

Article I. In General

Sec. 14-1. Promulgation of bylaws, rules, etc., for certain volunteer fire companies and rescue squads.

Sec. 14-1.1. Participation by minors in activities of volunteer fire companies.

Sec. 14-2. General authority of fire marshal and assistants to arrest, procure and serve warrants and issue summons.

Sec. 14-3. Police powers of fire marshal and assistants as to investigations and prosecutions involving certain offenses.

Sec. 14-3.1 Definitions

Sec. 14-3.2 Penalty

Sec. 14-4. Interference with firefighters or fire equipment.

Sec. 14-5. Impersonating fire division personnel in sale, etc., of fire protective or extinguishing equipment.

Sec. 14-6. Reserved

Sec. 14-7. Reserved

Sec. 14-8. Reserved

Sec. 14-9. Fire protection service fee.

Sec. 14-10. Service fees for emergency ambulance transport.

Sec. 14-11. Open burning prohibited; exceptions.

Sec. 14-12. Fires on beaches prohibited; exceptions.

Sec. 14-13. Damaging property by fire.

Sec. 14-14. Fireworks and pyrotechnic displays prohibited; exceptions.

Secs. 14-15--14-25. Reserved.

 

Article II. Fire Prevention Code

Sec. 14-26. Adopted.

Sec. 14-27. Availability of copies.

Sec. 14-28. Definitions.

Sec. 14-29. Reserved.

 

Sec. 14-30. Reserved.

Sec. 14-31. Appeals.

Sec. 14-32. Reserved.

Secs. 14-33--14-45. Reserved.

 

Article III. Portable Fire Extinguishers

Sec. 14-46. Violations of article.

Sec. 14-47. Required.

Sec. 14-48. Standards for construction, installation, maintenance and use.

Sec. 14-49. Removal of seals or other markings.

Secs. 14-50--14-65. Reserved.

 

Article IV. Smoke Detectors

Sec. 14-66. Violations of article.

Sec. 14-67. Definitions.

Sec. 14-68. Required in certain existing buildings.

Sec. 14-69. Permit to install.

Sec. 14-70. Installation standards.

Sec. 14-71. Certificates to be given certain tenants; responsibility for maintenance, repair, etc.

Secs. 14-72--14-85. Reserved.

 

Article V. Hazardous Materials

Sec. 14-86. Establishment of revolving account.

Sec. 14-87. Disposition of funds collected under this article.

 

 

ARTICLE I.

 

IN GENERAL

 

Sec. 14-1. Promulgation of bylaws, rules, etc., for certain volunteer fire companies and rescue squads.

 

The city manager, after having received the written recommendation of the fire chief and the advisory committee of the volunteer fire companies, shall be authorized to promulgate constitutions, bylaws, rules and regulations for the Buckroe, Fox Hill, Hampton, Northampton, Phoebus and Wythe volunteer fire companies and the Buckroe,

Northampton, Phoebus and Wythe rescue squads.

(Ord. No. 452; Code 1964, 18-30; Ord. No. 757, 18-30, 7-27-83)

State Law References: Fire/EMS departments and fire/EMS companies, Code of Virginia, 27-6.1 et seq.

 

Sec. 14-1.1. Participation by minors in activities of volunteer fire companies.

 

(a) Any minor sixteen (16) years of age or older, with parental or guardian approval, is authorized to work with or participate fully in all activities of a volunteer fire company, provided such person has attained certification under National Fire Protection Association 1001, level one, fire fighter standards, as administered by the department of

fire programs. Any trainer or instructor of any such minor or any member of a paid or volunteer fire company who supervises any such minor at the scene of any emergency shall be exempt from the provisions of section 40.1-103 of the Code of Virginia. (b) Notwithstanding the above provisions of this section, no person under

eighteen (18) years of age shall be authorized or permitted to operate any emergency vehicle.

(Ord. No. 739, 1-12-83)

 

Sec. 14-2. General authority of fire marshal and assistants to arrest, procure and serve warrants and issue summons.

 

(a) The fire marshal, and such of his assistants as are designated by the city manager, or his designee shall have the authority to arrest, to procure and serve warrants of arrest and to issue summons, in the manner authorized by general law, for violation of local fire prevention and fire safety laws and related ordinances.

Code of Virginia, 27-34.2.

 

(b) The authority granted in this section shall not be exercised by the fire marshal or any assistant until such person has satisfactorily completed a training course designed specifically for local fire marshals and their assistants, which course shall be approved by the Virginia State Fire Services Board.

 

(c) The authority granted in this section may only be exercised when the officer is in uniform and is serving a designated tour of duty.

 

(d) The authority granted in this section shall not be construed to authorize the fire marshal or his assistants to wear or carry firearms.

 

State Law References: Similar provisions, Code of Virginia, 27-34.2.

 

Sec. 14-3. Police powers of fire marshal and assistants as to investigations and prosecutions involving certain offenses.

 

(a) The fire marshal, and such of his assistants as are designated by the city manager, or his designee shall have the same police powers as a sheriff or police officer in the investigation and prosecution of all offenses involving fires, fire bombings, bombings, attempts or threats to commit such offenses, false alarms relating to such offenses and possession and manufacture of explosive devices, substances and fire bombs.

 

(b) The police powers granted in this section shall not be exercised by the fire marshal or any assistant until such person has satisfactorily completed a course for fire marshals with police powers, designed by the state Department of Fire Programs in cooperation with the Department of Criminal Justice Services, which course shall be approved by the Virginia Fire Services Board. In addition, the fire marshal and any assistant shall continue to exercise the powers granted by this section only upon satisfactory participation in in-service and advanced courses and programs designed by the Department of Fire Programs in cooperation with the Department of Criminal Justice Services, which courses shall be approved by the Virginia Fire Service Board.

State Law References: Similar provisions, Code of Virginia, 27-34.2:1.

 

Section 14-3.1 Definitions

 

Open Burning means the burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include road flares, smudge pots and similar devices associated with safety or occupational uses. A chamber shall be regarded as enclosed when during the time combustion occurs; only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open. For the purpose of this definition, open burning shall include the following types of fires; recreational, bonfires, fires involving chimineas and outdoor fireplaces, silvicultural, range or wildlife management practices, prevention and control of disease or pest, land clearing operations, and any fire determined by the fire code official to constitute opening burning.

 

Recreational Fire means an outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbeque grill or barbeque pit and has a total fuel area of 3 feet or less in diameter and 2 feet or less in height and not conducted within 25 feet of a structure or combustible material, conducted for pleasure, religious, ceremonial, cooking, warmth or similar purposes as determined by the fire code official

 

Land Clearing Operation means the clearing or removal of a populated wooded or forest area for land improvement, development, or other approved purpose.

 

Brush means shrubs and stands of short scrubby and tree species that do not reach merchantable size. Brush shall also mean limbs, branches and pruning no larger than 5 inches in diameter or 5 feet in length.

 

Fire Code Official means the fire chief or an individual appointed by the fire chief for the purpose of administering and enforcing the fire code and applicable referenced standards.

 

Sec. 14-3.2. Penalty

 

Unless otherwise specified, a violation of this Article shall constitute a Class 1 misdemeanor.

 

Sec. 14-4. Interference with firefighters or fire equipment.

 

It shall be unlawful for any person in the city to willfully interfere, in any way, with any member of the city's fire division or an organized fire department or fire company or with the operation of any piece of fire equipment while such firefighter or piece of equipment is operating in response to a fire alarm.

 

Sec. 14-5. Impersonating fire division personnel in sale, etc., of fire protective or

extinguishing equipment.

 

It shall be unlawful for any person to fraudulently claim to be, or represent himself as being, an agent or official of the fire division of the city, in the sale, installation, maintenance or recharging, or solicitation of the sale, installation, maintenance or recharging, of any fire protective or extinguishing equipment.

 

Sec. 14-6. Reserved

 

Sec. 14-7. Reserved

 

Sec. 14-8. Reserved

 

Sec. 14-11. Open burning prohibited; exceptions.

 

(a)   Except as otherwise provided in this section, no person shall ignite or maintain, or cause or permit to be ignited or maintained, any open fire on public or private property outside any building. Salvage, demolition operations or disposal of waste materials by burning is prohibited.

(b)   Exceptions.

(1)   Open fires may be set in the performance of official duties by the fire code official or his designee when necessary for any of the following purposes:

a.   For the abatement of a fire hazard which can not be abated by other means;

b.   For training in firefighting or for research in control of fires under supervision of the fire code official or his designee;

c.   In emergency or other extraordinary circumstances when open burning is determined by the fire code official to be in the public interest.

(2)   Fires may be used for cooking food, provided no smoke violation or other nuisance is created.

(3)   Recreational fires may be set provided that no smoke violation or nuisance is created.

(4)   Open burning shall be prohibited for land clearing operations, except controlled force-air pit burning of brush, leaves and trees from land clearing operations conducted under authority of a permit issued by the fire code official or his designee is permitted; provided that such burning shall be in conformance with procedures approved by the fire code official and the department of environmental quality (air division), and shall be immediately terminated upon revocation of such permit. Compliance with the provisions of this subsection shall not exempt any person from any damages or liability which may result from such open burning, nor exempt any person from adherence to all applicable laws, ordinance and regulations and orders of the fire code official and the state forester.

(c) Open burning, where permitted by this chapter, shall be constantly monitored until the fire is extinguished. Fire extinguishing equipment shall be available for immediate use.

(d) The fire code official may prohibit open burning, otherwise lawful, when smoke may cause reduced visibility on any highway, or when emissions or odors may constitute a hazard or nuisance. The fire code official may order the extinguishing by the permit holder or other responsible person, or by the fire department, of any fire which creates such a hazard or nuisance, or if adjacent property is considered to be endangered.


Sec. 14-12. Fires on beaches prohibited; exception(s).

 

(a) Except as otherwise provided in this section it shall be unlawful for any person to set fire to or to procure another to set fire to any wood, brush, logs, leaves, grass, debris or other flammable material at any time on any beach of the city.

 

(b) The provisions of this section shall not be applicable to any person, group or organization which has been granted a permit by the fire code official to set a fire on a beach within the city, provided that such fire is set and maintained in compliance with the terms and conditions of such permit.


Sec. 14-13. Damaging property by fire.

 

If any person carelessly, negligently or intentionally sets any woods or marshes on fire, or sets fire to any stubble, brush, straw or any other substance capable of spreading fire on lands, whereby the property of another is damaged or jeopardized, he shall be guilty of a Class 4 misdemeanor and shall be liable for the full amount of all expenses incurred in fighting the fire.

State law references:  Similar provisions, Code of Virginia, 18.2-88. 

 

Sec. 14-14. Fireworks and pyrotechnic displays prohibited; exceptions.

 

(a) Except as otherwise provided in this section it shall be unlawful for any person to transport, manufacture, assemble, store, sell, offer or display for sale, or to buy, use, possess, ignite or explode any firecracker, torpedo, sky rocket, or other substance or device that contains any explosive or flammable compound or substance, and is intended or commonly known as fireworks, and which explodes, rises into the air or travels laterally, fires projectiles or discharges sparks into the air.

 

(b) The provisions of this section shall not be applicable to any organization or group of individuals which has been granted a permit by the fire code official for the public or private display of fireworks or pyrotechnics, provided that such fireworks are stored, handled, transported and used in compliance with the terms and conditions of such permit. The provisions of this section shall not apply to sparklers when used or ignited by an adult or a minor under the supervision of an adult.

 

 

(c) The fire code official or any law enforcement officer shall be authorized to seize, take, remove or cause to be removed, at the expense of the owner, all fireworks offered or exposed for display or sale, stored or held in violation of this section.

 

(d) Before the fire code official issues any permit required by this section the applicant for the permit shall submit evidence of liability insurance for the protection of persons and property from death, bodily injury and damage in an amount not less than on million dollars ($1,000,000.00) and in a form satisfactory to the City Attorney.

 

(e) Violation of any provision of this section shall constitute a Class 1 misdemeanor.

 

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia held on October 25, 2006.

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council