[HISTORY: Adopted by the City Council of
the City of Franklin as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-5-1986 as Title Four, Ch. III of the 1986 Code]
No person shall burn or cause to be burned any
trash, lumber, leaves, straw or other combustible material in any
street, alley or vacant lot without a permit from the Chief of the
Fire Department, when such burning shall be approved by the Chief
and under such safeguards as the Chief may direct.
[1]
Editor's Note: Original Section 1.00, Inspections,
Section 2.00, Orders, Section 2.01, Service of Order, and Section
2.02, Compliance/Appeal, which immediately preceded this section,
were deleted 9-14-1998 by Ord. No. 98-4.
Hot ashes and other dangerous materials, ashes,
smoldering coals or embers, greasy or oily substances and other matter
liable to spontaneous ignition shall not be deposited or allowed to
remain within 20 feet of combustible materials or construction made
up of combustible materials, except in metal or other noncombustible
receptacles. Such receptacles shall be placed in noncombustible stands,
unless resting on a noncombustible floor or on the ground outside
the building, and shall be kept at least 10 feet away from any combustible
wall or partition.
Fire lanes may be designated by the Chief of
the Fire Department with the approval of the Fire Committee.
[Adopted 10-6-1997 by Ord. No. 97-6]
As used in this article, the following terms
shall have the meanings indicated:
Accepted by the Chief of the Fire Department as a result
of investigation and experience or by reason of test, listing or approval
by Underwriters' Laboratories, Inc., the National Bureau of Standards,
the American Gas Association Laboratories or other nationally recognized
testing authorities.[1]
The National Fire Protection Association. The designation
"NFPA" with a number immediately following these initials shall refer
to a code or standard published by such association with a corresponding
designation.
Includes a person, persons, firm, corporation or copartnership.
[1]
Editor’s Note: The definition of “BOCA,”
which immediately followed this definition, was repealed 5-1-2017
by Ord. No. 04-17.
[Amended 2-16-2000; 8-2-2004 by Ord. No. 17-04; 5-1-2017 by Ord. No. 04-17]
The following codes and standards are hereby
adopted by the City of Franklin, subject to the amendments listed
below:
It shall be the duty of the Fire Chief to maintain
on file with the City Clerk's office all codes, rules, regulations,
pamphlets and other related materials adopted by reference within
this article.
The Fire Chief shall have the power to modify
the specific application of any provision of the Fire Prevention Code,
or other codes adopted herein, upon written application of the owner
or lessee, or the owner's duly authorized agent, when there are practical
difficulties in carrying out the strict letter of the codes, provided
that the spirit of the code shall be observed, public safety secured
and substantial justice done. The particulars of such modification,
when granted or allowed, and the decision of the Fire Chief thereon
shall be entered upon the records of the Department, and a signed
copy shall be furnished to the applicant.
[Amended 9-14-1998 by Ord. No. 98-4; 5-4-2015 by Ord. No. 15-15]
A.
Application for appeal. Any person directly affected by a decision
of the Code Enforcement Officer or a notice or order issued under
this code shall have the right to appeal to the Board of Appeals,
provided that a written application for appeal is filed within 20
days after the day the decision, notice or order was served. An application
for appeal shall be based on a claim that the true intent of this
code or the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this code do not fully apply, or the
requirements of this code are adequately satisfied by other means.
B.
Standard of review. The Board may overturn a decision of the Code
Enforcement Officer only if one or more of the criteria stated above
(incorrect interpretation, inapplicability of code or adequate alternative)
are demonstrated by the applicant by a preponderance of the evidence
and arguments. The Board shall specifically state in its decision
which criteria supports that decision.
C.
Membership of Board. The Board of Appeals shall consist of a minimum
of four members who are qualified by experience and training to pass
on matters generally relating to construction, and/or the proper application
of building, property maintenance or fire codes and who are not employees
of the jurisdiction. The Code Enforcement Officer shall be an ex officio
member but shall have no vote on any matter before the Board. The
Board shall be appointed by the City Council and shall serve staggered
and overlapping terms.
(1)
Alternate members. The City Council may appoint two alternate members
who shall be called by the Board Chair to hear appeals during the
absence or disqualification of a member. Alternate members shall possess
the qualifications required for Board membership.
(2)
Chair. The Board shall select one of its members to serve as Chair.
(3)
Disqualification of member. A member shall not hear an appeal in
which that member has a personal, professional or financial interest.
(4)
Secretary. The City Manager will designate a qualified person to
serve as secretary to the Board. The secretary shall file a record
of all proceedings in the office of the City Manager.
D.
Notice of meeting. The Board shall meet upon notice from the Chair,
within 20 days of the filing of an appeal, or at stated periodic meetings.
E.
Open hearing. All hearings before the Board shall be open to the
public. The appellant, the appellant's representative, the Code
Enforcement Officer and any person whose interests are affected shall
be given an opportunity to be heard. A quorum shall consist of not
less than two members of the Board.
(1)
Procedure. The Board shall adopt and make available to the public
through the secretary procedures under which a hearing will be conducted.
The procedures shall not require compliance with strict rules of evidence
but shall mandate that only relevant information be received.
F.
Postponed hearing. When the full Board is not present to hear an
appeal, either the appellant or the appellant's representative
shall have the right to request a postponement of the hearing.
G.
Board decision. The Board shall modify or reverse the decision of
the Code Enforcement Officer only by a concurring vote of a majority
of the total number of appointed Board members.
H.
Court review. Any person, whether or not a pervious party of the
appeal, shall have the right to apply to the appropriate court for
a writ of certiorari to correct errors of law. Application for review
shall be made in the manner and time required by law following the
filing of the decision in the office of the City Manager.
Nothing in this article, or the codes and standards
hereby adopted, shall be construed to affect any suit or proceeding
pending in any court, or any rights acquired or liability incurred,
or any cause or causes of action acquired or existing under any act
or ordinance hereby repealed, nor shall any just or legal right or
remedy of any nature be lost, impaired or affected by the implementation
of this article. In the event that any section, paragraph, sentence
or word of this article or of the codes and standards hereby adopted
shall be declared for any reason to be invalid, the remainder of said
code or standard shall continue in full force and effect.
A.
The Fire Chief or his or her authorized representative
shall have the right to inspect all premises, except owner-occupied
detached single- or two-family structures used exclusively for dwelling
purposes. These inspections shall be made in accordance with the systematic
inspection program and as often as may be necessary for the purpose
of ascertaining and causing to be corrected any conditions liable
to cause fire, contribute to the spread of fire, interfere with fire
operations or endanger life or any conditions constituting violations
of the provisions or intent of this article. Except in the case of
systematic inspection programs or other good cause, inspections shall
not include occupied dwelling units.
B.
Whenever necessary to make an inspection to enforce
any of the provisions of this code, or whenever the Fire Chief or
his or her authorized representative has reasonable cause to believe
that there exists in any or upon any premises any condition which
makes such building or premises unsafe, the Fire Chief or his or her
representative may enter such premises at all reasonable times to
inspect the same, provided that if such premises shall be occupied,
he or she shall first present proper credentials and demand entry,
and if such premises shall be unoccupied, he or she shall first make
a reasonable effort to locate the owner or other persons having charge
or control of the premises and demand entry. No owner or occupant
or any other persons having charge, care or control of any premises
shall fail or neglect, after proper request is made as herein provided,
to promptly permit entry therein by the Fire Chief or his or her authorized
representative for the purpose of inspection and examination pursuant
to this article. If the owner or occupant denies entry, the Fire Chief
or his or her authorized representative shall obtain a proper warrant
or other remedy provided by law to secure entry.
It shall be the duty of the Fire Chief or his
or her designee to inspect, or cause to be inspected by other appropriate
municipal officials, all buildings and premises as often as may be
necessary for the purpose of ascertaining and causing to be corrected
any conditions liable to cause fire or any violations of the provisions
or intent of the codes and standards herein adopted, as well as any
other ordinance affecting fire hazards, and to ensure compliance in
all places of assembly with all laws, regulations and orders dealing
with overcrowding, use of decorative materials, maintenance of exitways
and maintenance of fire alarm and fire-detecting systems and appliances.
It shall be the duty of the Chief of the Fire
Department to conduct, or cause to be conducted, a continuing program
of education in fire prevention among the citizens of Franklin, including
cooperation with private or public organized groups devoted to fire
prevention activities.
Whenever any of the officers, members or inspectors of the Fire Department, as mentioned in § 166-10 above, shall find in any building or upon any premises dangerous or hazardous conditions as follows, he, she or they shall order that such dangerous or hazardous conditions be removed or remedied in such manner as may be specified by the Chief of the Fire Department. Such dangerous or hazardous conditions include:
A.
Dangerous or unlawful amounts of combustible or explosive
materials.
B.
Hazardous conditions arising from defective or improperly
installed equipment for handling or using combustible or explosive
materials.
C.
Dangerous accumulations of rubbish, wastepaper, boxes,
shavings or other highly flammable materials.
D.
Accumulations of dust or waste material in air-conditioning
systems or of grease in kitchen exhaust ducts.
E.
Obstructions to or on fire escapes, stairs, passageways,
doors or windows liable to interfere with the operations of the Fire
Department or egress of occupants in case of fire.
F.
Any building or other structure which, for want of
repairs, lack of sufficient fire escapes or other fire alarm apparatus
or fire-extinguishing equipment or by reason of age or dilapidated
condition, or from any other cause, creates a fire hazard.
A.
A building or structure that may be or shall be found
upon inspection to have become dangerous or unsafe shall, unless it
is made safe and is so certified by the inspector, be taken down and
removed.
B.
The term "dangerous or unsafe building" shall include
buildings structurally unsafe or unstable; inadequately provided with
exit facilities; constituting a fire hazard because of inadequate
maintenance, dilapidation, obsolescence or abandonment; or otherwise
dangerous to life or property.
C.
A building or structure declared dangerous or unsafe
by duly constituted municipal authority may be restored to safe condition.
If, however, the damage or cost of reconstruction or restoration is
in excess of 75% of the fair market value of the building or structure
and its land, such building or structure shall be made to conform
with respect to materials and type of construction to the requirements
for buildings and structures hereafter erected. No change of use or
occupancy shall be compelled by reason of such reconstruction or restoration.
A.
Whenever the code official determines that there has
been a violation of this code or has grounds to believe that a violation
has occurred, notice shall be given to the owner or the person or
persons responsible therefor in the manner prescribed.
B.
Such notice shall be deemed to be properly served
if a copy thereof is delivered to the owner personally or sent by
certified or registered mail addressed to the owner at the last known
address with return receipt requested. If the certified or registered
letter is returned showing that the letter was not delivered, a copy
thereof shall be posted in a conspicuous place in or about the structure
affected by such notice. Service of such notice in the foregoing manner
upon the owner's agent or upon the person responsible for the structure
shall constitute service of notice upon the owner.
A.
Permits required by the provisions of this code shall
be obtained in writing from the Chief of the Fire Department. Permits
shall be for such period as the Chief of the Fire Department may specify.
They shall be kept on the premises designated therein and shall be
subject to inspection by any officer of the Fire or Police Department.
B.
Before permits are issued, the Chief of the Fire Department
shall make or cause to be made such inspections or tests as are necessary
to assure that the provisions of this code are complied with.
Any person who shall tamper with or in any way
damage or reduce the effectiveness of any smoke detector as defined
by the code and mandated by the same shall be guilty of a violation
of this article and shall be fined not more than $100. Such person
shall be deemed guilty of a separate offense for each and every day
that said smoke detector is rendered ineffective or reduced in effectiveness
due to his or her actions and shall be punishable therefor as provided
above.
