It shall be the duty of the owner, lessee or occupant of any building
or structure, except the interiors of private dwellings, to allow a fire inspector
to inspect or cause to be inspected, as often as necessary, said 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.
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 said ordinance
or ordinances within five days of the date of receipt of such notice. [1]
[1]
Editor's Note: Former Section 7-205, School drills, which immediately
followed this section, was deleted 6-15-1999 by Ord. No. 1298.
[Added 3-6-2007 by Ord. No. 1506]
A.
Definitions.
(1)
OPEN BURNING
For the purposes of this section, the following terms shall have
the meanings indicated:
Using fire to burn material which is not contained within a fully
enclosed firebox or structure and from which the products of combustion are
permitted directly to the open atmosphere without passing through a stack,
duct or chimney or burning that is conducted in a noncombustible container
sufficiently vented to induce adequate primary combustion air with enclosed
sides, a bottom, and a mesh covering with openings not larger than 1/4 inch
square. Charcoal fires, or fire of other commonly accepted cooking fuels,
which are contained within a manufactured hibachi, grill, smoker or gas grill,
do not constitute open burning.
(2)
Words not expressly described above or defined by the International
Fire Code shall have the definitions customarily prescribed to them.
B.
Except as otherwise provided herein or elsewhere in the Papillion
City Code, no person, firm or corporation shall burn or cause to be burned
any material, item or thing within the City limits.
(1)
Exception. The burning of dry wood in a small container manufactured
for the purpose of containing small recreational fires may be allowed on the
property of one- or two-family residential dwellings, in accordance with the
following standards:
(a)
Such fires shall be under constant supervision while burning.
(b)
The fire and/or burning must be of such limited size as to allow
the person in charge to have complete control over it.
(c)
The fire and/or burning must not create a nuisance or a hazard
to the health or the safety of persons or property in the area. Fires producing
smoke that is a nuisance shall be extinguished. The Fire Chief or designee
is authorized to order the extinguishment by the attendant in charge or by
the Fire Department of open burning that creates or adds to a hazardous or
objectionable situation.
(d)
The burning of garbage, trash, leaves or other refuse shall not
be permitted.
(e)
The burning or igniting of highly flammable, toxic or explosive
materials shall not be permitted.
(2)
This section shall not apply to and no permit shall be required
for any burning which is necessary for the usual and customary preparation
and/or cooking of food, including the use of normal barbecuing devices.
[1]
Editor's Note: Former § 109-4, Fire limits, as amended,
was repealed 12-17-2002 by Ord. No. 1396.
[1]
Editor's Note: Former § 109-5, Building permits, was repealed
12-17-2002 by Ord. No. 1396.
[1]
Editor's Note: Former § 109-6, Materials, was repealed 12-17-2002
by Ord. No. 1396.
[1]
Editor's Note: Former § 109-7, Moving of prohibited buildings
within fire limits, was repealed 12-17-2002 by Ord. No. 1396.
[1]
Editor's Note: Former § 109-8, Permitted repairs, was repealed
12-17-2002 by Ord. No. 1396. Former § 7-211, regarding the open
burning ban; waiver, which immediately followed this section, was deleted
6-15-1999 by Ord. No. 1298.
[1]
Editor's Note: Former § 109-9, Removal required, was repealed
12-17-2002 by Ord. No. 1396.
[1]
Editor's Note: Former § 109-10, Repair required, was repealed
12-17-2002 by Ord. No. 1396.
Any person, firm or corporation desiring to store or keep, either in
the municipality or within the zoning jurisdiction of the City, for any period
of time any form of poisonous or flammable gas must first get permission from
the Council. The Council shall require the name of the gas, the place of storage
and the amount of gas stored. It shall then be the duty of the Council to
prescribe such rules, regulations and precautionary actions as it may deem
necessary.
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.
It shall be the responsibility of the owner or occupant of a structure
that is damaged by fire to secure such structure damaged to prevent unauthorized
entry within six hours after said property is returned to the owner or occupant
by the Fire Chief or his representative.
Storage of more than 80 pounds of a flammable gas or more than 30 gallons
of a flammable liquid (Class I) shall be reported to the Fire Chief prior
to placement or installation of such quantities on any property within the
City of Papillion or within the zoning jurisdiction of the City. An application
for a permit must be presented to the Fire Department requesting said storage
prior to the same being stored or installed.
