City of Seward, NE
Seward County
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Table of Contents
Table of Contents
[Amended 5-5-1981 by Ord. No. 18-81; 6-6-1989 by Ord. No. 16-89[1]]
To provide for certain minimum standards, provisions and requirements for the safeguarding to a reasonable degree of life and property from the hazards of fire and explosion arising from storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the use or occupancy of buildings or premises, the International Fire Code, 2012 Edition, published by the International Code Council, and printed in book or pamphlet form is hereby adopted, together with errata thereto, and is hereby incorporated by reference in the City ordinances insofar as said code does not conflict with the statutes of the State of Nebraska and the City ordinances. One copy of the International Fire Code shall be on file in the office of the Municipal Clerk and is available for public inspection at any reasonable time. The provisions of said Fire Code shall be controlling throughout the municipality and its zoning jurisdiction. Whenever any of the provisions of said Fire Code come into conflict with any of the provisions of this article, the provisions contained therein shall control. (Neb. RS 18-132, 19-902, 19-922, 81-502)
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It shall be the duty of all municipal officials to enforce the incorporated Fire Code provisions, and all infractions shall be immediately brought to the attention of the Fire Chief.
It shall be the duty of the owner, lessee, or occupant of any building or structure, except the interiors of private dwellings, to allow the Fire Chief to inspect, or cause to be inspected, as often as necessary, the structure for the purpose of ascertaining and enumerating all conditions therein that are likely to cause fire, or any other violations of the provisions of the municipal ordinances affecting the hazard of fire. (Neb. RS 81-512)
It shall be the duty of the owner, lessee, or occupant of any building or structure that was lawfully inspected as hereinbefore prescribed, and who receives written or verbal notice of a violation of any of the provisions of the municipal ordinances, to correct the condition that violates the ordinance or ordinances within five days from the date of receipt of such notice.
The following described territory in the municipality shall be and constitute the fire limits: Blocks 4, 5, 6, 7, 8, 9, 10, 11, 20, 21, and 22 all in the Original Town of Seward, Nebraska.
Building materials within fire limits. Within the aforesaid fire limits, no structure shall be built, altered, moved, or enlarged unless such structure will be enclosed with walls constructed wholly of stone, well-burned brick, terra cotta, concrete, or other such noncombustible materials as will satisfy the Fire Chief that the structure will be reasonably fireproof.
(Neb. RS 16-222)
Prohibited open burning. It shall be unlawful for any person to set out a fire on the pavement, or near any curb, now built or hereafter to be built, within the municipality. (Neb. RS 17-556)
Open burning of garbage or refuse.
It shall be unlawful for any person to cause or allow the burning of garbage or refuse within the City limits unless such burning takes place in a multiple-chambered incinerator located within a building or accessory thereto situated on the premises and vented into a masonry or metal flue; provided that the emissions from such multiple-chambered incinerator do not cause a nuisance.
Open burning shall not be a violation of this section when it can be shown that such open burning is the only feasible method of disposal and that disposal by open burning is in the public interest. Persons intending to engage in such open burning shall file a request to do so with the Fire Chief, who may issue a permit subject to special conditions. The application shall include the following:
The name, address and telephone number of the person submitting the application.
The type of business or activity involved.
A description of the proposed equipment and operating practice to be used to prevent an uncontrolled fire.
The type, quantity and composition of the material to be burned.
The schedule of the burning operations.
The exact location where the open burning will occur.
Specific reasons why open burning is the only feasible method of disposal and why open burning is in the public interest.
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any incinerator used to dispose of combustible refuse by burning, consisting of three or more refractory-lined combustion furnaces in series, physically separated by refractory walls, interconnected by gas passage ports or ducts and employing adequate design parameters necessary for maximum combustion of the material to be burned, the refractories having a Pyrometric Cone Equivalent of 31, tested according to the method described in the American Society for Testing and Materials Method C-24-56. Gas- or fuel-fired incinerators now in use may be used until the same become unusable. Thereafter, multiple-chamber incinerators, as defined herein, shall be used as permitted and provided by this article.
The burning of any materials wherein air contaminants resulting from combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber.
[Amended 4-20-1982 by Ord. No. 7-82]
Commencing on May 1, 1982, it shall be unlawful to burn solid fuels, to include, but not limited to, wood, wood products and coal for cooking, heating or any other purpose within Blocks 4, 5, 6, 7, 8, 9, 10, 11 and 20, Seward Original Town, City of Seward, Nebraska.
[Amended 8-21-2012 by Ord. No. 26-12]
Sky lanterns, or any other uninhabited free-floating device which includes a flame or other heating device to heat air as a lifting mechanism, shall be prohibited within the City, notwithstanding any action by the State Fire Marshal to the contrary, and it shall be unlawful for any person to sell at retail or otherwise barter, exchange, or offer for sale at retail, give away, or have in his or its possession, discharge, light, release, use or bring into the City any said sky lanterns.
Any person who violates the prohibitions or provisions of this article shall be deemed guilty of a violation. The penalty for such violation shall be an amount not to exceed $500 for any one offense, recoverable with costs, and in default of said payment the offender shall stand committed to the County Jail until such fine and costs are paid. Each period of 24 hours during or on which a violation occurs or continues shall be deemed a separate offense.
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).