[HISTORY: Adopted by the Mayor and Council of the Town of Rock Hall 10-6-1977
by Ord. No. 26. (The provisions of this chapter are derived
from Chapter 7 of the former Code of Ordinances of the Town of Rock Hall,
adopted 10-6-1977 by Ord. No. 26. Former
Section 705 pertaining to false alarms was omitted from this chapter and included
in Ch. 159, Peace and Good Order, § 159-11.) Amendments noted where
applicable.]
[Amended 8-10-1979 by Ord. No. 79-6]
There is hereby adopted by the Town of Rock Hall for the purpose of
prescribing regulations governing conditions hazardous to life and property
from fire or explosion that certain code known as the "Fire Prevention Code,
Abbreviated Edition, recommended by the American Insurance Association," being
particularly the 1976 Edition thereof and the whole thereof, save and except
such portions as are hereinafter deleted, modified or amended, of which code
not fewer than three copies have been and now are filed in the office of the
Clerk of the Town of Rock Hall. The same are hereby adopted and incorporated
as fully as if set out at length herein, and, from the date on which this
chapter shall take effect, the provisions thereof shall be controlling within
the limits of the town.
The office of Fire Official may be created. If such office is created,
the Fire Official shall be appointed by the Mayor and Council and his compensation
shall be determined by the Mayor and Council.
[Amended 4-2-1992 by Ord. No. 92-3]
A person may not cause or permit an open fire within the town limits
except as provided in this regulation.
A.
The Town Fire Official may issue or approve a permit,
in writing, upon receipt of an application made on forms provided by the town,
allowing an open fire, provided that all of the following conditions are met:
(1)
The Fire Official is satisfied that there is no practical
alternative method to dispose of the material to be burned.
(2)
A hazardous condition or air pollution or nuisance will
not be created.
(3)
Fire control laws or regulations of other governmental
agencies will not be violated.
(4)
Materials which produce dense smoke when burned, including
but not limited to tires and roofing material, will not be burned.
(5)
Material to be burned shall have originated on the premises
on which it is to be burned.
(6)
A permit is obtained from the Kent County Public Health
Department.
B.
Permitted burning shall be between the hours of 4:00
p.m. and 10:00 p.m. except for Fire Department directed burning operations.
C.
The Town Fire Official may impose other conditions to
minimize creation of smoke, to prevent nuisances and air pollution and to
protect the health, safety, comfort and property of any persons.
Every person(s) or corporation engaged in conducting a hotel, boardinghouse,
rooming house, restaurant or other business and the owner of every building
within the town where flammable oil or other explosives are stored is required
to keep and maintain on said premises a suitable fire extinguisher.
All public garages and repair shops within the town shall be fireproof.
All private garages or other storerooms under any building used for human
habitation wherein any motor or engine propelled by gasoline, coal-oil or
other combustible material is kept shall be fireproof.
A.
For the purposes of this section, "bulk plant" shall
mean that portion of a property where flammable liquids are received by tank
vessel, pipeline, tank car or tank vehicle and are stored or blended in bulk
for the purpose of distributing such liquids by tank vessel, pipeline, tank
car, tank vehicles or container; and "automotive service" station shall mean
that portion of a property where flammable liquids used as motor fuels are
stored and dispensed from fixed equipment into the fuel tanks of motor vehicles.
B.
On or after the effective date of this chapter, no new
bulk plant shall be constructed within the corporate limits of the Town of
Rock Hall. Nothing in this chapter shall be construed to prohibit the erection
of automobile service stations within the town.
C.
The Mayor and Council of Rock Hall or their designated
representatives are hereby empowered to inspect any existing bulk plant facilities,
including any flammable liquid transfer operations within the town. Whenever
any dangerous or hazardous conditions, such as defective or improperly installed
equipment or improper handling of flammable liquids, are found to exist, such
conditions shall be ordered to be removed or remedied.
[Amended 8-10-1979 by Ord. No. 79-6; 5-5-1994
by Ord. No. 94-4]
Violations of this chapter shall be punishable as a municipal infraction.
Violators shall be subject to a fine not to exceed $100. Repeat offenders
may be assessed a fine not to exceed $200 for each repeat offense.
