[Adopted 9-2-1975 by Ord. No. 32; amended
in its entirety 4-17-2017 by Ord.
No. 126]
The purpose of this article is to prescribe
regulations governing conditions hazardous to life and property from
fire or explosion.
As used in this article, the following terms
shall have the meanings indicated:
Includes, but is not limited to, bonfires, rubbish and brush
fires and those fires not contained within an approved waste burner/incinerator.
Refers to individuals, partnerships, firms, businesses, corporations,
organizations, schools, churches and institutions.
No person shall willfully take for his own private
use or damage in any manner any firefighting equipment or apparatus
or anything pertaining to the Blackman Township firefighting system,
or drive any vehicle upon or against any hose or equipment of the
Blackman Township Public Safety Department.
No person shall place or cause to be placed,
or having placed or caused to be placed allow to remain, any obstruction
whatsoever within 15 feet of any fire hydrant.
No person, unless authorized by the Blackman
Township Public Safety Department or state statutes, shall use any
fire hydrant except in case of emergency. In no case shall any wrench
or tool be used on any fire hydrant other than a regulation Public
Safety Department hydrant wrench.
The Township Public Safety Director, or designee,
hereby is empowered to enter upon any premises, building, or structure,
at reasonable times, for the purpose of examining and inspecting the
same to ascertain the conditions, arrangement, efficiency and adequacy
of any firefighting appliances. In the event that said inspection
discloses a fire hazard or deficiency in any firefighting appliance,
the Public Safety Director shall order the condition remedied. The
Public Safety Director may appoint one or more full-time employees
of the Public Safety Department to make the aforesaid inspections,
and said inspectors are empowered to make such written orders as may
be necessary to correct any fire hazard or deficiency in a firefighting
appliance as the Public Safety Director himself is authorized to make.
Every order made by the Public Safety Director, or designee, or authorized
member of the Public Safety Department shall set forth a reasonable
time for correction of the hazard or deficiency and shall be promptly
obeyed.
No person owning or being responsible for any
premises shall permit any wastepaper, ashes, oil, rags, excelsior
or any material of a similar nature to accumulate thereon, unless
contained in fireproof receptacles. Dead weeds, grass, vines or other
nonagricultural growth which is a potential fire hazard to property
shall be removed by the person responsible for the premises. Should
the person fail to control or remove such materials, the Township
of Blackman may have the material removed and the expense thereof
charged to the responsible person.
The following rules relative to passageways,
stairs and fire exits shall be applicable to all public buildings,
places of assembly, commercial and business buildings, motels, apartment
buildings, lodging houses, tourist homes and all other buildings except
private dwellings and except as otherwise expressly limited herein
to a particular type of building.
A.
Fire escape openings. No fire escape, stairway, balcony
or ladder on any building shall be obstructed, out of repair, or maintained
in a hazardous condition. Doors and windows leading to any fire escape
shall open easily from the inside.
B.
Hazardous egress. No combustible material shall be
stored, placed or kept under or upon any passageway, stairs or elevator
shaft, nor shall any such material be stored, placed or kept in any
other part of any building in such a position as to obstruct or render
hazardous egress therefrom.
C.
Obstructions. All doors, hallways and stairways shall
be unobstructed at all times.
D.
Public assembly. In all theaters, churches, schools
and other places of public assembly, no door, aisle or passageway
shall be obstructed with any furniture or article; nor shall any person
sit or stand or be permitted to sit or stand in any aisle, or in any
exit or passageway; and all exits and the sidewalks leading therefrom
shall be unobstructed while such places of public assembly are in
use.
E.
Causing of violation. No person shall do any act which
causes any violation of any of the rules set forth in this section,
nor shall any person owning a building or in charge thereof, as agent,
or employee permit any of said rules to be violated.
[1]
Editor's Note: Former § 43-36, Nuisances, was repealed
4-17-2017 by Ord. No. 126.
The burning of certain waste material outside
of building or structure shall be permitted if done in accordance
with the following rules:
A.
Open burning. No person shall kindle or maintain any
bonfire or rubbish fire or authorize any such fire to be kindled or
maintained on or in any public street, alley, road or other public
ground without a permit from the Public Safety Department. During
construction or demolition of buildings or structures, no waste material
or rubbish shall be disposed of by burning on the premises or in the
immediate vicinity without having obtained a permit from the Public
Safety Department.
B.
Burning on private land. No person shall kindle or
maintain any open fire or authorize any such fire to be kindled or
maintained on any private land without first having obtained a permit
from the Public Safety Department. Nor shall any fire be kindled or
maintained in any outdoor container unless such container has been
approved by and a permit issued by the Public Safety Department. The
burning of garbage or refuse that smolders or gives off noxious odors
is prohibited.
C.
Prohibition of fires. The Public Safety Director may
prohibit any and all bonfires and outdoor rubbish fires when atmospheric
conditions or local circumstances make such fires hazardous.
D.
Burning of garbage. It shall be unlawful to burn any
garbage, or other organic refuse, outside of any building at any time
in the Township.
E.
Paper burning. It shall be unlawful to burn papers,
excelsior or other material which may be blown about by the wind anywhere
in the Township unless the same is burned in a stove, fireplace or
furnace or in an incinerator sufficiently fine to prevent the escape
of ignited particles.
F.
Hours of burning. It shall be unlawful to burn at
any time except between the hours of sunrise and sunset.
G.
Leaf burning. It shall be unlawful to deposit or leave
any refuse or material in such a place or condition that it can be
blown by the wind so as to be scattered or cause clouds of dust or
particles; and it shall be unlawful to permit the escape of soot,
ashes or other solid products or results of combustion so as to be
wind-blown or scattered.
H.
Water availability. No burning shall be done unless
an adequate water supply or fire extinguisher is available at the
burning site to control the fire.
I.
Supervision of burning. No burning shall be done unless
under the supervision of a person of mature years and discretion.
Incineration of waste material, refuse, leaves,
paper or other combustible debris, outside of a building or structure,
shall be permitted if done in accordance with the following rules:
A.
Burning containers.
(1)
All such burning must be done in a metal or masonry
container having a suitable metal cover and so constructed as to prevent
the dispersal of sparks and burning material to neighboring or adjacent
buildings or premises. Wire mesh burners or baskets are prohibited.
(2)
The burner cover or stack shall not have any perforation
or openings larger than 1/2 inch.
B.
Burning perimeters. No such burning may be done within
15 feet of an existing building or within 15 feet of a property line
without the consent of the adjoining property owner.
C.
Hours of burning. It shall be unlawful to burn at
any time except between the hours of sunrise and sunset on any day.
D.
Wind conditions. No such burning shall be done at
any time or place when wind conditions will create or be apt to create
a nuisance to anyone or the property of anyone in the vicinity thereof,
or be a danger to the property of any person in the vicinity thereof.
E.
Burning size. No such burning shall be done where
its maximum size is not controllable by one person of mature years
and discretion.
Any person who shall kindle or maintain or who
causes to be kindled or maintained any fire without a permit or use
of a burner/incinerator which does not meet the minimum specifications
established by this article shall be guilty of a misdemeanor, punishable
by a fine of not more than $500 or imprisonment in the county jail
for a period not exceeding 90 days, or both fine and imprisonment.
Any person who shall kindle or maintain or who causes to be kindled
or maintained any fire which necessitates control or extinguishment
by the Blackman Township Public Safety Department shall be liable
to the Township for all costs and charges incurred by the Township
for the control or extinguishing of such fire. The aforesaid costs
and charges may be collected by the Township of Blackman by suit in
any court of record.
No person shall blast or carry on any blasting
operation without first having obtained a written permit from Blackman
Township. Before any such permit is issued, the applicant therefor
shall file with the Township Clerk a bond or policy of insurance in
the amount specified by the Township, which amount shall be reasonably
commensurate with the risk of damage to property and injury or death
to persons arising out of the proposed blasting operation. Such policy
of insurance shall indemnify the applicant, and such bond shall be
conditioned upon payment by the applicant of all sums which the applicant
shall become obligated to pay by reason of the liability imposed upon
him by law, for damages because of bodily injury, including death
at any time resulting therefrom, or for damages to property, or both,
sustained by any person and arising out of the blasting operation.
