[Ord. No. 496, 3-22-1972; Ord. No. 929-08, 10-3-2008; Ord. No. 2040-26, 6-2-2026]
A certain document, three copies of which are on file in the office of the City Clerk of the City of Albertville, being marked and designated as the International Fire Code, 2021 edition, including Appendix Chapters B, C, D, E, F and G, as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Albertville, in the State of Alabama, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided, and providing for the issuance of permits and collection of fees therefor, and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the City Clerk of the City of Albertville are hereby referred to, adopted and made a part hereof as if fully set out in this chapter. All persons convicted of violating any provision of said code shall be subject to punishment as provided in § 1-8 of this Code of Ordinances.
[Ord. No. 632, 11-18-1974; Ord. No. 2040-26, 6-2-2026]
(a) 
The Fire Code shall be enforced by the Bureau of Fire Prevention of the City of Albertville, Alabama, which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department.
(b) 
The Fire Marshal in charge of the Bureau of Fire Prevention shall be appointed by the City Council on the basis of examination to determine his or her qualifications. His or her appointment shall continue during good behavior and satisfactory service, and he or she shall not be removed from office except for cause after public trial, before the City Council.
(c) 
The Chief of the Fire Department may detail such members of the Fire Department as inspectors as shall from time to time be necessary. The Chief of the Fire Department shall recommend to the City Council the employment of technical inspectors who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and nonmembers of the Fire Department, and appointments made after examination shall be for an indefinite term with removal only for cause.
(d) 
A report of the Bureau of Fire Prevention shall be made annually and transmitted to the chief executive officer of the municipality; it shall contain all proceedings under this code, with such statistics as the Chief of the Fire Department may wish to include therein; the Chief of the Fire Department shall also recommend any amendments to the code which in his or her judgment shall be desirable.
[Ord. No. 632, 11-18-1974; Ord. No. 714-05, 6-6-2005; Ord. No. 2040-26, 6-2-2026]
As used in this chapter, the following terms shall have the meanings ascribed to them in this section:
CODE
Wherever the term "code" is used in this chapter it shall mean the International Fire Code of 2021 as previously adopted, as distinguished from "Code," which wherever it is used throughout this publication shall mean the Code of Ordinances of the City of Albertville, Alabama.
COMBUSTIBLE LIQUID
A liquid having a flashpoint at or above 100° F. (38º C.). Combustible liquids shall be subdivided as follows:
(1) 
Class II. Shall include those having flashpoints at or above 100° F. (38º C.) and below 140° F. (60° C.).
(2) 
Class IIIA. Shall include those having flashpoints at or above 140° F. (60° C.) and below 200° F. (93° C.).
(3) 
Class IIIB. Shall include those having flashpoints at or above 200° F. (93° C.).
CORPORATION COUNSEL
Shall mean the Attorney for the City of Albertville, Alabama.
FLAMMABLE LIQUID
A liquid having a flashpoint below 100° F. (38º C.) and having a vapor pressure not exceeding 40 psi (276 kPa) absolute at 100° F. (38º C.) shall be known as a Class I liquid. Class I liquids may be subdivided as follows:
(1) 
Class 1A. Shall include those having flashpoints below 73° F. (23º C.) and having a boiling point below 100° F. (38º C.).
(2) 
Class 1B. Shall include those having flashpoints below 73° F. (23º C.) and having a boiling point at or above 100° F. (38º C.).
(3) 
Class 1C. Shall include those having flashpoints at or above 73° F. (23º C.) and below 100° F. (38º C.).
MUNICIPALITY
Shall mean the City of Albertville, Alabama.
TANKS
All aboveground tanks shall be of double-wall construction and locations of tanks shall comply with the most current National Fire Protection Code 30, which is the Flammable and Combustibles Liquids Code, and 30A, which is the Code for Motor Fuel Dispensing Facilities and Repair Garages, and any codes that are referenced by these two codes.
[Ord. No. 632, 11-18-1974; Ord. No. 714-05, 6-6-2005; Ord. No. 929-08, 10-3-2008; Ord. No. 2040-26, 6-2-2026]
The geographic limits referred to in certain sections of the 2021 International Fire Code are hereby established as follows:
(a) 
Section 5704.2.9.6.1 geographic limits in which the storage of Class I liquids in aboveground tanks outside of buildings is prohibited: City of Albertville with the exception of M-1, M-2, AG-1 and AG-2 Districts.
(b) 
Section 5704.2.9.6.1 geographic limits in which the storage of Class II liquids in aboveground tanks is prohibited: City of Albertville with the exception of B-2, B-3, B-4, AG-1, AG-2, M-1 and M-2 Districts.
(c) 
Section 6104 geographic limits in which the storage of liquefied petroleum gas is restricted for the protection of heavily populated or congested areas: City of Albertville with the exception of M-1 and M-2 Districts.
[1]
Editor's Note: Former § 12-6, which adopted the 2003 National Fire Code, adopted 10-3-2008 by Ord. No. 929-08, was repealed 6-2-2026 by Ord. No. 2040-26.
[Ord. No. 632, 11-18-1974; Ord. No. 2040-26, 6-2-2026]
The fire lanes referred to in Section D105.3 of the International Fire Code are hereby established as follows: a ten-foot strip abutting and adjoining all shopping centers, bowling lanes, theaters, hospitals, churches, schools, county coliseums and similar structures.
[Ord. No. 632, 11-18-1974; Ord. No. 2040-26, 6-2-2026]
The Chief of the Bureau of Fire Prevention shall have power to modify any of the provisions of the Fire Code upon application in writing by the owner or lessee, or his or her duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, 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 Chief of the Bureau of Fire Prevention thereon shall be entered upon the records of the Department and a signed copy shall be furnished the applicant.
[Ord. No. 632, 11-18-1974]
Whenever the Chief of the Bureau of Fire Prevention shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Bureau of Fire Prevention to the City Council of the City of Albertville, Alabama, within 30 days from the date of the decision appealed.
[Ord. No. 632, 11-18-1974]
The Mayor, the Chief of the Fire Department, and the Chief of the Bureau of Fire Prevention shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits, in addition to those now enumerated in said code. The Chief of the Bureau of Fire Prevention shall post such list in a conspicuous place in his or her office and distribute copies thereof to interested persons.
[Ord. No. 632, 11-18-1974; Ord. No. 2040-26, 6-2-2026]
(a) 
Any person who shall violate any of the provisions of the Fire Code as previously adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such order as affirmed or modified by the City Council of the City of Albertville, Alabama, or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively be guilty of a misdemeanor, punishable as provided in § 1-8 of this Code. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and when not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense.
(b) 
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
[Ord. No. 324, 12-5-1960]
It shall be unlawful for any person to willfully give, relay or cause to be given, uttered or relayed to the Fire Department any false alarm of fire.
[Ord. No. 1042, 8-3-1981]
(a) 
Inside police jurisdiction. The owner of any property lying within the police jurisdiction of the City of Albertville shall owe to the City and promptly pay to the City the sum of $100 for each and every occasion upon which the Fire Department of the City of Albertville is called upon to extinguish or attempt to extinguish a fire at such property. The provisions of this section shall not apply to business property.
(b) 
Outside police jurisdiction. The owner of any property lying outside the police jurisdiction of the City of Albertville shall owe to the City and promptly pay to the City the sum of $200 for each and every occasion upon which the Fire Department of the City of Albertville is called upon to extinguish or attempt to extinguish a fire at such property.
(c) 
Discount. All sums due hereunder are subject to a discount of 50% if paid within 30 days of the Fire Department's making the call in question to the property.
[Ord. No. 2031-26, 2-3-2026; Ord. No. 2040-26, 6-2-2026]
(a) 
Definitions.
COMMERCIAL BURNING
Open burning conducted as part of business, development, contracting, or large-scale land-clearing operations, typically involving greater volumes of debris than residential burns.
FORCED AIR SYSTEM
Equipment such as high-velocity blowers, fans, air curtain incinerators, or pit burning with manifold fans designed to enhance combustion and reduce smoke emissions.
NO-BURN ORDER
A temporary prohibition on open burning issued by the Fire Chief due to dry conditions, high fire danger, air quality concerns, or state directives.
OPEN BURNING
The burning of any material in an open fire, including bonfires, land-clearing fires, and yard debris piles, excluding enclosed incinerators or approved fire pits.
RECREATIONAL FIRE
A fire confined to a fire pit, chiminea, or similar device for cooking, warmth, or ceremony, using clean wood or approved fuels (e.g., propane, charcoal).
VEGETATIVE DEBRIS
Natural materials such as leaves, brush, limbs, stumps, straw, garden waste, and untreated wood from yard maintenance, land clearing, or agricultural activities; excludes garbage, construction waste, tires, plastics, or hazardous materials.
(b) 
General prohibitions.
(1) 
Open burning is prohibited unless a valid permit is obtained from the Albertville Fire Department, except for recreational fires as defined herein.
(2) 
No person shall burn any materials other than vegetative debris or approved fuels for recreational fires.
(3) 
Burning is prohibited during any AFC fire alerts, drought emergencies, or City-issued no-burn orders.
(4) 
Burning of household garbage, construction debris, treated wood, rubber, plastics, or any materials producing noxious smoke is strictly prohibited at all times.
(5) 
Open burning must not create a nuisance, such as excessive smoke impacting roadways, airports, or neighboring properties.
(c) 
Permit requirements.
(1) 
A permit is required for all open burning of vegetative debris (including limbs, leaves, straw, garden spots, hay fields, yards, or land clearing) and bonfires exceeding three feet in diameter.
(2) 
Permits may be obtained by calling the Albertville Fire Department at 256-891-8230 or, if implemented, online via the City's website.
(3) 
No fee for residential permits; commercial or large-scale permits shall incur a fee of $50 (or as set by the Fire Chief) to cover inspection and administration.
(4) 
Permits are valid for up to seven days (residential) or 30 days (commercial), extendable upon request and approval.
(5) 
Applicants must provide: location of burn, type and quantity of material, contact information, and confirmation of compliance with state rules.
(6) 
The Fire Chief or their designee may deny, revoke, or suspend permits for noncompliance, weather changes, or safety risks.
(d) 
Conditions for approved burning.
(1) 
Burns must occur during daylight hours, preferably 8:00 a.m. to sunset.
(2) 
Minimum distances: 50 feet from any occupied dwelling (not owned by the burner) and 50 feet from structures, roadways, or utility lines.
(3) 
Fires must be constantly attended by a responsible adult with extinguishing equipment (e.g., water hose, shovel, fire extinguisher) readily available.
(4) 
Wind speeds must not exceed 15 miles per hour; burning is prohibited during high winds or inversion conditions.
(5) 
Smoke must not reduce visibility on public roads or create health hazards.
(6) 
All fires must be fully extinguished, with no smoldering embers left unattended.
(e) 
Exemptions.
(1) 
Recreational fires in approved containers (e.g., fire pits under three feet in diameter) do not require permits, provided they use clean fuels and comply with distance requirements (25 feet from structures).
(2) 
Cooking fires (e.g., grills, smokers) and heating devices using propane or natural gas are exempt.
(3) 
Burns conducted by the Fire Department for training or public safety are exempt.
(4) 
Certain agricultural burns may qualify for AFC authorization in lieu of City permits, subject to notification to the Fire Department.
(f) 
Commercial and large-scale burning.
(1) 
Commercial burning (e.g., land development, contracting, or operations involving debris piles exceeding 10 cubic yards or multiple piles) requires a specific commercial permit and site inspection by the Fire Department, and may require daily notification prior to burning.
(2) 
To mitigate smoke and comply with air quality standards, the use of a forced air system (e.g., high-velocity fans, blowers, air curtain incinerators, or pit burning with fans) is strongly encouraged for all commercial burns and required when any of the following apply:
a. 
Proximity to occupied structures or sensitive areas (e.g., within 1,000 feet). Sensitive areas may include:
1. 
Places with vulnerable populations, e.g., schools, hospitals, nursing homes, day cares, churches, or residential neighborhoods.
2. 
Environmentally protected or fragile sites, e.g., wetlands, wildlife habitats, streams, protected biodiversity zones, or geological hazard areas.
3. 
Cultural/historical sites, e.g., landmarks or archaeologically significant areas.
b. 
History of smoke complaints or poor air dispersion conditions.
c. 
Large volume of debris or extended burn duration.
d. 
As determined by the Fire Chief based on scale, location, or weather.
(3) 
Operators must demonstrate proper operation of forced air equipment to achieve reduced opacity (visible smoke) and efficient combustion.
(4) 
Additional conditions may include extended distances, professional attendance, or monitoring for emissions.
(5) 
Commercial permit holders assume full liability for any smoke-related nuisances, damages, or suppression costs.
(6) 
Commercial and large-scale permit holders may be required by the Fire Chief to provide proof of liability insurance at the time of application.
(g) 
Enforcement and penalties.
(1) 
The Fire Chief, police, or code enforcement officers may inspect burns and issue stop orders for violations.
(2) 
Violation of this section shall be a misdemeanor, punishable as provided in § 1-8 of this Code, plus restitution for any damages or suppression costs.
(3) 
Repeat offenses may result in permit bans or escalated fines.
(4) 
During no-burn orders, any unauthorized burning is subject to immediate fines starting at $250, with potential criminal charges for reckless endangerment.
(h) 
Appeals. Denials or revocations of permits may be appealed to the City Council within 10 days.
(i) 
Severability. If any provision is held invalid, the remainder shall remain in effect.