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)
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.
A.
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.
B.
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)
A.
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)
B.
Open
burning of garbage or refuse.
(1)
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.
(2)
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:
(a)
The name, address and telephone number of the person submitting
the application.
(b)
The type of business or activity involved.
(c)
A description of the proposed equipment and operating practice
to be used to prevent an uncontrolled fire.
(d)
The type, quantity and composition of the material to be burned.
(e)
The schedule of the burning operations.
(f)
The exact location where the open burning will occur.
(g)
Specific reasons why open burning is the only feasible method
of disposal and why open burning is in the public interest.
C.
MULTIPLE-CHAMBER INCINERATOR
OPEN BURNING
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.
