Town of Ellington, CT Article I Fire Zones

[Adopted 11-13-2000, effective 12-14-2000; amended by Town Meeting 12-9-2019]

§ 74-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:

EMERGENCY VEHICULAR TRAFFIC

Includes fire apparatus, rescue vehicles, police vehicles, and private vehicles answering or working at emergency calls and shall also include any of the foregoing while such vehicles are on standby duty or any other official duty.

FIRE LANE

The same definition as the term "fire zone."

FIRE MARSHAL

The Town Fire Marshal, Deputy Fire Marshals and Fire Inspectors.

FIRE ZONE

Any area, space, lane, drive, path, or state, Town or private road or street so designated a fire zone by the Town Fire Marshal. Such designation shall cause that zone to become permanently available to emergency vehicular traffic and also available for large-scale firefighting evolutions.

PROPERTY OWNER AND/OR OPERATOR

Includes any and all persons who own, lease or operate any property or premises and/or any and all owners, lessees and/or operators and/or employees of such owner, lessee or operator upon any property or premises upon which a fire zone is established or designated to be established, including any and all owners, lessees and/or operators of motor vehicles or other materials or property being cited and their agents, employees and/or representatives.

TEMPORARY FIRE ZONE

A fire zone as specified above, except that it shall be established on a temporary basis to meet specific requirements in response to or in anticipation of a specific event.

§ 74-2 Designation and posting of fire zones.

A. The Fire Marshal shall designate all fire zones as he may determine appropriate in the interests of public safety.

B. No property owner or operator or other person shall establish any fire zone without a specific written or verbal fire zone designation by the Fire Marshal, whether that designation is for a permanent or temporary fire zone.

C. Fire zones may be designated and ordered established verbally or in written format from the Fire Marshal.

D. The Fire Marshal shall establish requirements for the proper posting of any fire zone, which may vary between applications due to the particular circumstances.

E. The Fire Marshal shall furnish to the policing agency, from time to time, an updated listing of established fire zones in the Town. Said policing agency shall review this list and, in the process of patrolling the fire zones, shall report to the Fire Marshal any conditions found to exist which appear to be a hindrance or an impediment to the proper enforcement of this article.

§ 74-3 General regulations.

A. Establishment of fire zone(s).

(1) The Town Fire Marshal shall make reasonable requirements regarding the establishment of fire zones on any premises as specified in § 74-2 or as authorized by the Connecticut Fire Safety Code, the Connecticut State Fire Prevention Code or the Connecticut General Statutes.

(2) This article shall apply equally to all lands and property, public and private, including but not limited to the premises of any assembly, educational, health care, residential, mercantile, business, industrial, storage and/or unusual occupancies, including outside areas of public assembly and construction sites, except single- and two-family residential properties unless Chapter 17, Public Assemblies, Article II, Use of Outside Areas, of this Code is applicable.

(3) Property owners and/or operators shall establish fire zones exactly as specified and required by any order of the Fire Marshal designating any fire zone, and this shall be accomplished within the period specified in any such order.

(4) Fire zones may be temporarily suspended only by the Fire Marshal when such suspension is in the best interests of the public and does not impact negatively upon the emergency services.

B. Design, construction and posting of fire zone(s).

(1) Fire zones shall be of sufficient design, width, turning radius, and durability so as to assure safe passage, setup and operation of emergency vehicles.

(2) Fire zones which are established within 50 feet of a principal building shall be interpreted and understood to include the area between the fire zone and the subject building.

(3) Fire zones may be required to be of specific design so as to permit particular fire ground operations within their confines.

(4) Construction requirements of fire zones shall consider severe weather conditions, such as snow, wind and flooding.

(5) In an effort to establish traffic patterns so as to further secure fire zones, such items as signs, berms, curbing, painted lines, barriers and other means, separately or in combination, may be required.

(6) All materials used in posting of or otherwise establishing a fire zone shall be professionally prepared materials designed for such use and application.

(7) The Fire Marshal is authorized to establish specific requirements for the design, construction, materials, posting, signage, berms, curbing, painted lines, barriers and other considerations, separately or in combination, for the proper establishment of fire zones; failure to meet these requirements shall constitute a violation of this article.

C. Maintenance of fire zone(s).

(1) Property owners and/or operators shall supervise and maintain fire zones sufficiently to assure instant availability to the emergency services and shall not permit any obstruction to or encroachment upon any fire zone established upon their premises.

(2) At any indoor or outdoor public assembly occupancy, the Fire Marshal may require the owner or operator to hire members of the Department of Town Fire Marshal, private-duty police officers, firefighters, or such other persons as approved by the Fire Marshal in sufficient numbers and for sufficient duration so as to ensure proper enforcement of this article.

(3) Snow shall be removed from any fire zone prior to the opening of the premises to the public when such snow is in excess of four inches. In circumstances where the premises are not normally open to the public, such snow shall be removed from any fire zone within three hours following the end of a storm.

(4) No person shall cause or encourage or otherwise allow or permit any obstruction to or encroachment upon any fire zone.

(5) Immediate hazards, obstructions and/or encroachments upon any fire zone may be ordered by the enforcing authorities to be removed forthwith, and refusal of any such order by the owner, lessee and/or operator of the premises and/or the owner, lessee and/or operator of the offending property or material shall be just cause for the enforcing authorities to effect the removal through any reasonable means with the costs related thereto to be borne by the owner, lessee and/or operator of the premises and/or the owner, lessee and/or operator of the offending property or material.

(6) In instances where the safety of the public is in immediate jeopardy due to a violation of this article, enforcing authorities or any fire officer may cause the immediate removal of any such hazards, obstructions and/or encroachments without providing prior notice to the owner, lessee and/or operator of the premises and/or the owner, lessee and/or operator of the offending property or material, except that, as soon as is reasonably possible following such removal, written notice shall be provided to the address(es) of record, if known, for the property thus removed.

(7) Said owner, lessee and/or operator shall be liable for all expenses and damages associated with any such removal as authorized in Subsection C(6) and (7), including expenses associated with the removal, transportation and storage of any property or material associated with such removal.

§ 74-4 Enforcement officers.

This article shall be enforceable by the Town policing agency and by the Town Fire Marshal.

§ 74-5 Appeals and penalties.

Any appeals and penalties shall be consistent with the processes of Chapter 46, Citations.