ARTICLE I. Sec. 46-1. Penalties.
The failure of any person to comply with the requirements of this chapter is declared an unlawful act and upon conviction, the violation shall be punishable according to the general penalty provisions of this Code set out in section 1-9, in addition to any remedies which may be available under state law.
(Code 1973, § 11-10)
Sec. 46-2. Open burning.
(a) Supplemental rules. In conjunction with chapter 3, section 307 of the 2002 Arkansas fire prevention code, which has been adopted by reference by the city in section 46-51 of this Code, the following are the rules which must be followed when burning outdoors inside the city:
(1) A permit is required before burning commences. Permits may be obtained by calling the central fire station, 751-4510, between 7:00 a.m. and 5:00 p.m. A fire may not be started before obtaining a permit.
(2) Fires shall be small and 50 feet or more from any building. Any variance from this subsection must be approved by the fire department and must meet the fire code provisions.
(3) A fire must be attended by a competent person at all times, which means the fire may not be too large in size or exceed the amount of locations for those attending the fire to properly manage and control it.
(4) Fire control equipment must be available, for example, a garden hose, water extinguisher, or heavy equipment. Anything other than water must be approved by the fire department.
(5) Burning plastics, rubber, shingles or anything that will create black smoke is prohibited.
(6) The fire must be out (completely extinguished) by dark.
(7) Gasoline may not be used to start the fire.
(b) Extinguishment of fire. These rules are in addition to those set out in the state fire prevention code and the fire department may require extinguishment of the fire if a complaint is received, such as the smoke blowing toward or into a person's home.
(Ord. No. 3341, § 1, 6-24-03)
Secs. 46-3--46-25. Reserved.
ARTICLE II. ------------
Cross reference(s)--Administration, ch. 2; personnel, ch. 86.
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Sec. 46-26. Service outside city--Fees; appropriation.
(a) The mayor, fire chief or any person duly delegated authority by the fire chief shall be authorized to dispatch fire companies of the city fire department outside the city limits to combat fires.
(b) The person outside the city limits receiving the fire protection services of the city fire department as contained herein shall pay a service charge of $200.00 for the first hour of service or any fraction thereof plus $100.00 per hour for each additional hour or fraction thereof to the city clerk, 50 percent of which shall go into the city's fire fund, 40 percent of which shall go into a fund to draw interest and to be used to help replace dilapidated and worn out equipment of the fire department (such fund to be called the apparatus replacement fund), and the remaining ten percent to be deposited into the city firemen's pension and relief fund.
(c) At the discretion of the fire chief, the service charge may be waived if the property owner receiving services is a dues paid subscriber to the fire department receiving aid from the city fire department.
(Code 1973, § 11-7)
State law reference(s)--Mayor shall have the power to appoint the fire chief, A.C.A. § 14-43-504; council may authorize firefighting beyond city limits, A.C.A. § 14-53-102; costs incurred in extraterritorial firefighting should be recovered, A.C.A. § 14-53-102(b)(1).
Sec. 46-27. Same--Authority to dispatch fire force; restrictions.
(a) The mayor, fire chief or duly delegated authority of the fire chief shall not dispatch a company of the city fire department to any location outside the city limits at such a time as would cause two companies to be outside the city limits simultaneously, except in cases of assistance asked by the fire chief or mayor of another city or by the fire chief of an organized rural fire department.
(b) Any employee of the city fire department answering any fire call or performing any fire protection function outside the city limits shall be considered an agent of the state and acting solely in a governmental capacity.
(Code 1973, § 11-8)
State law reference(s)--Neither city nor an official or firefighter involved in fighting extraterritorial fire liable for damages, A.C.A. § 14-53-102(c)(1).
Sec. 46-28. Key lock box system.
(a) The following structures shall be equipped with a key lock box at or near the main entrance or such other location required by the fire chief:
(1) Commercial or industrial structures protected by an automatic fire alarm system or automatic suppression system, or such structures that are secured in a manner that restricts access by the Springdale Fire Department during an emergency;
(2) All institutional and nursing care facilities.
(b) All newly constructed structures subject to this section shall have the key lock box installed and operational prior to the issuance of a certificate of occupancy permit. All structures in existence on the effective date of this section and subject to this section shall have one year from the effective date of this section to have a key lock box installed and operational.
(c) The fire chief has designated that the knox box type of key lock box system is to be implemented within the city and shall have the authority to require all structures to use the designated system.
(d) The owner or operator of a structure required to have a key lock box shall, at all times, keep a key in the lock box that will allow for access to the structure.
(e) The fire chief shall be authorized to implement rules and regulations for the use of the lock box system.
(Ord. No. 3291, 2-11-03)
Secs. 46-29--46-50. Reserved.
ARTICLE III. ------------
Cross reference(s)--Buildings and building regulations, ch. 22.
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Sec. 46-51. Adopted.
There is adopted by reference by the city for the purposes of establishing rules and regulations for the protection of lives and property from fire or explosion, including permits and penalties, that certain fire prevention code known as the International Fire Code, 2000 edition, with the 2002 Arkansas Fire Prevention Code amendments, which includes Volume 1 that amends the 2000 edition of the International Fire Code, Volume 2 that amends the 2000 edition of the International Building Code, except that Appendix B, C, F, G, I and J of the 2000 International Building Code are not deleted, and only A101.4 and A102 are deleted from Appendix A, and Volume 3 that amends the 2000 edition of the International Residential Code.
(Code 1973, § 11-1; Ord. No. 2132, § 1, 9-22-92; Ord. No. 2894, § 1, 2-23-99; Ord. No. 3296, § 1, 2-25-03)
State law reference(s)--Authority and requirements to adopt technical codes by reference, A.C.A. § 14-55-207.
Sec. 46-52. Fire marshal--Establishment of office.
The office of the fire marshal is hereby created. Whenever the words "fire official" are used in the fire prevention code adopted in this article, they shall mean the "fire chief," "fire marshal," or any "deputy fire marshals." The fire chief shall appoint the fire marshal in accordance with Civil Service Rules and Regulations. The fire chief may also appoint deputy fire marshals.
(Code 1973, § 11-2; Ord. No. 3567, § 1, 8-24-04)
Sec. 46-53. Fire marshal--Powers and duties.
It shall be the duty and responsibility of the fire marshal or deputy fire marshal to enforce the provisions of the fire code and city ordinances pertaining to fire prevention and/or fire protection, including the authority to issue notices and citations for violations of city ordinances. The fire chief may empower the fire marshal as a peace officer, so long as he/she is certified under the laws of the State of Arkansas, with the responsibility of detecting and preventing arson, which includes the full power to execute legal process, administer oaths, subpoena records, subpoena witnesses, and make arrests for violations of the laws relating to arson and other unlawful burning.
(Ord. No. 3567, § 2, 8-24-04)
Editor's note--Prior to the reenactment of § 46-53 by Ord. No. 3567, Ord. No. 3296, § 2, adopted Feb. 25, 2003, repealed § 46-53, which pertained to amendments of the standard fire prevention code and derived from Code 1973, § 11-3.
Sec. 46-54. Fuels in glass containers prohibited.
It shall be unlawful to purchase, sell, offer for sale, or to purchase, receive or offer to purchase any kerosene, gasoline, diesel fuel, distillate or other caustic or combustible fluids or liquids in glass containers. Any person violating this section shall be guilty of a misdemeanor and shall be fined in a sum as provided by section 1-9 and each violation shall be deemed a separate offense.
(Code 1973, § 11-4)
Sec. 46-55. Supplemental to zoning regulations.
The fire prevention code shall be subject to the provisions of the zoning regulations and shall be considered as a cumulative ordinance and not in derogation to the zoning regulations.
(Code 1973, § 11-5)
Sec. 46-56. Fireworks.
(a) (1) No person shall sell or distribute in the city any firecrackers, sky rockets, bottle rockets, sparklers, roman candles, or any other explosive used for amusement purposes, or any other device or composition used to obtain visible or audible pyrotechnic display, except as specifically set out herein.
(a) (2) Fireworks which are not prohibited under law (Ark. Code Ann. § 20-22-701, et seq.) and which are considered consumer fireworks as defined under federal law (27 C.F.R. § 555.11) may be sold in the city between June 28th and July 5th of any year, subject to the provisions set out herein. Any person desiring to sell fireworks within the city must obtain a permit through the city clerk's office. The charge for each permit shall be $500.00 per location. One-half of the permit fee ($250.00) shall be placed in the revenue account of the city fire department to cover the cost of fire inspections of locations where fireworks are sold. Before a permit to sell fireworks is issued by the city clerk, the person applying for the permit must show proof that such location will be insured by a licensed insurance company for $1,000,000.00 premises liability. A vendor must contact the Springdale Fire Department and arrange for an inspection by the fire marshal to ensure compliance with city ordinance and fire code requirements prior to the sale of fireworks.
(a) (3) No fireworks shall be sold or stored within a permanent structure of the city. Further, no fireworks stand shall be located anywhere within the city, except in a C-2, C-5 or A-1 zone provided the A-1 property has frontage on a federal or state highway. All locations where fireworks are sold must comply with all Arkansas and federal law, as well as the 2000 International Fire Code and the 2002 Arkansas Fire Prevention Code, as adopted by the city.
(a) (4) No person selling fireworks within the city shall be allowed to sell any fireworks which travels on a stick, as these particular fireworks are prohibited to be discharged within the city.
(a) (5) No fireworks stand shall be located within 250 feet of a fuel dispensing facility and all fireworks stands must have at least 50 foot setback from the street or highway.
(a) (6) No person under the age of 16 shall be allowed to purchase fireworks within the city.
(a) (7) All locations where fireworks are sold within the city shall post a sign, visible to the public, which states, "The discharge of bottle rockets or fireworks that travel on a stick are prohibited in the City of Springdale."
(b) (1) No person shall discharge at any place, public or private, within the city boundaries, any aerial firework(s) which travels on a stick, except a permit may be obtained for a public display of fireworks, as more particularly set out in this section.
(b) (2) The fire chief shall permit the use of fireworks for outdoor public display when all provisions of NFPA 1123 are met and after all necessary permits have been issued. If any such permit is issued, any such display shall be handled by a competent operator approved by the fire chief, and shall be of such character and so located, discharged or fired so as not to be hazardous to property or endanger any person. No such permit shall be authorized except for the following:
A. Between the hours of 8:00 a.m. and 11:00 p.m. on July 1st through 4th of any year; or
B. At professional sporting events in a P-1 zone provided that the property adjacent to the P-1 zone is commercial or agricultural, between the hours of 6:00 p.m. and 11:00 p.m. on April 1st through September 15th of any year.
(c) No fireworks, including firecrackers, sparklers, or roman candles may be discharged within the city except as set out as follows:
(c) (1) All legal fireworks, except aerial fireworks that travel on a stick, may be discharged on private property between the hours of 8:00 a.m. and 10:00 p.m. on July 1st through July 4th of any year, provided that the owner of the private property consents to such discharge of the fireworks; and
(c) (2) A person of at least 21 years of age shall supervise the discharge of any fireworks if any person participating in the activity is under the age of 16.
(Code 1973, § 11-6; Ord. No. 2464, §§ 1--3, 3-12-96; Ord. No. 3210, 5-14-02; Ord. No. 3339, § 1, 6-10-03; Ord. No. 3689, 5-24-05; Ord. No. 4131, 11-13-07)
State law reference(s)--Fireworks generally, A.C.A. § 20-22-701 et seq.; cities may prohibit, A.C.A. § 22-22-704.
Sec. 46-57. Smoke detectors required in mobile homes located in mobile home parks.
(a) All mobile homes located in mobile home parks within the city limits shall be provided with approved listed smoke detectors installed in accordance with manufacturer's recommendation and listing. A smoke detector shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to each group of rooms used for sleeping purposes, and installation thereof shall comply in all particulars with the Standard Building Code.
(b) It shall be the responsibility of every mobile home park operator within the city to notify owners of mobile homes located therein that functioning smoke detectors are required to be installed in each mobile home located in that mobile home park, and each mobile home hereafter brought into that mobile home park, and to inspect any rental units to assure that smoke detectors are installed therein as set out in section 46-57 of this Code.
(Code 1973, § 11-9)
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