The Fire Prevention Code, 1976 Edition, supplemented by the November 1982 amendments, as recommended by the American Insurance Association is hereby adopted by reference for the purpose of regulation of conditions hazardous to life and property from fire and explosion including the Appendix thereof, as stated in the “City of Whitewater Official Copy.” No fewer than three copies of the Fire Prevention Code shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Whitewater,” and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business.

(Code 1990)

The code hereby adopted shall be enforced by the chief of the fire department.

(Code 1990)

(a)   Wherever the word municipality is used in the code hereby adopted, it shall be held to mean the City of Whitewater.

(b)   Article 13, Fireworks, of the Fire Prevention Code is hereby deleted in its entirety.

(Code 1990)

(a)   It shall be unlawful for any person to burn trash, rubbish, leaves, lumber, straw, grass or other combustible material in any public grounds of the city, or to burn the same in any concrete gutter or on any street or alley improved by concrete or brick or asphaltic pavement or by petroleum products.

(b)   It shall be unlawful for any person to burn any trash, leaves, lumber, straw, paper, boxes, grass or other combustible materials openly within the fire limits of the city.

(c)   Burning of combustible materials may be authorized by issuance of a burning permit with conditions and restrictions stated thereon as determined by the chief of the fire department, his or her representative or authorized agents, where the reduction or disposal of such solid waste and where such burning would not be in conflict with state regulations. It shall be prima facie evidence that the person who owns or controls property on which burning occurs has caused or permitted the fire.

(Code 1990)

It shall be unlawful for any person to allow to accumulate or to keep in any part of any building or outside of and adjacent to any building or in any alley, sidewalk, street or premises within 30 feet of any building any rubbish, trash, waste paper, excelsior, empty boxes, barrels or other combustibles which shall constitute a fire hazard.

(Code 1990)

It shall be unlawful to keep excelsior or other packing material in anything other than metal or wood metal line boxes or bins having self-closing or automatic covers. All refuse and trash from rooms where packing or unpacking is done shall be removed daily.

(Code 1990)

It shall be unlawful to store ashes inside of any nonfireproof building unless they are stored in a noncombustible container or receptacle, and a clearance of at least five feet shall be maintained between such container or receptacle and any combustible materials not placed therein. Ashes shall not be stored outside of any building in wooden, plastic, or paper product receptacles or dumped in contact with or in close proximity to any combustible materials.

(Code 1990)

The engines of motor vehicles shall be stopped when the gasoline tanks of such vehicles are being filled with gasoline at service stations or other places where gasoline is supplied to motor vehicles. The driver or person in control of such vehicle when the gasoline tank of same is being filled who refuses, neglects or fails to stop the engine of such vehicle shall likewise be guilty of a violation of this code.

(Code 1990)

It is unlawful for any person to cause or create anywhere within the city, or to permit on any premises under his or her control, any situation or condition that is conducive to or likely to cause or permit the outbreak of fire or the spreading of fire. Any situation or condition conducive to the outbreak of or spreading of fire, is declared to be a fire hazard. The violation of or failure to comply with any law pertaining to the storage, handling or use of inflammable oils, explosives, liquefied petroleum gases, or fertilizers and all wires and other conductors charged with electricity, is declared to be a fire hazard. The placing of stools, chairs or any other obstruction in the aisles, hallways, doorway, or exit of any theater, public hall, auditorium, church or other place of indoor public assemblage, or the failure to provide any such place of public assemblage with sufficient, accessible and unobstructed fire exits and escapes is also declared to be a fire hazard. The obstruction of any street, avenue, alley, fire hydrant or any other condition that might delay the fire department in fighting fire is declared to be unlawful.

(Code 1990)

It shall be the duty of the fire chief to inspect or cause to be inspected by fire department officers or members, as often as may be necessary all buildings, particularly all mercantile buildings, manufacturing plants, warehouses, garages, hotels, boarding houses, rooming houses, theaters, auditoriums and all places of public assemblage, for the purpose of discovering the violation of any fire preventive law or any fire hazard and ascertaining and causing to be corrected any conditions liable to cause fires and to see that all places of public assemblage, hotels and rooming houses have sufficient and unobstructed facilities for escape therefrom in case of fire.

(Code 1990)

Whenever any officer or member of the fire department shall find or discover any fire hazard or shall find in any building or upon any premises combustible or explosive material or dangerous accumulation of rubbish or unnecessary accumulation of paper, boxes, shavings or any other inflammable material, so situated as to endanger property by the probability of fire, or shall find or discover any violation of this chapter or any other law hazardous to public safety from fires, the fire chief shall order the fire hazard or danger from the fire forthwith abated and remedied and such order shall be complied with immediately by the owner or occupant of such buildings or premises. If the hazard or condition ordered abated and remedied is a violation of, or a failure to comply with any law, the fire chief shall report the matter to the city attorney and he or she shall, if he or she deems it advisable, prosecute the offender.

(Code 1990)

Any order made under section 7-211 shall be in writing and may be served personally upon the owner or occupant of the premises or by leaving it with any person in charge of the premises or if the premises are unoccupied and the owner is a nonresident of the city, then by mailing a copy to the owner’s last known post-office address. One notice to either the occupant or owner shall be sufficient. The fire chief shall keep a record of and copies of all such orders and notices and shall follow up such notices at the expiration of the time for compliance therewith and when complied with make proper entry, and if not complied with, file complaint with the municipal court against the property owner and/or occupant.

(Code 1990)

(a)   Every dwelling unit and every guest room in a hotel, lodging house, apartment house, and mobile home used for sleeping purposes shall be provided with smoke detectors conforming to the National Fire Protection Association Pamphlet 74 (1984 edition).

(b)   In dwelling units, detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes.

(c)   In an efficiency dwelling unit, hotel sleeping room, and in hotel suites the detector shall be centrally located on the ceiling of the main room or hotel sleeping room. Where sleeping rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway.

(d)   All detectors shall be located in accordance with approved manufacturer’s instructions.

(e)   When activated, the detector shall provide an alarm in the dwelling unit or guest room. Required detectors shall receive their primary power from the building or batteries.

(Ord. 440, Sec. 1)

Within six months after November 4, 1987, all buildings designed for or used by humans shall have smoke detectors installed as described above. New construction shall have smoke detectors installed, inspected and approved before being occupied by any person or persons.

(Ord.440, Sec. 2)

Where battery-powered smoke detectors are currently installed and maintained in operable condition in any building, they shall be deemed to be in compliance with sections 7-213:219.

(Ord. 440,Sec. 3)

In no case shall code enforcement inspections be conducted in owner occupied one- or two-family dwellings to ascertain compliance with this section. However, should a fire occur in any owner-occupied dwelling, and that dwelling is not equipped with at least one approved smoke detector, the owner of the property shall be in violation of sections 7-213:219, and shall be issued a violation warning for “Failure to Comply” and allowed 21 days for compliance. Failure to comply within the 21 day grace period will be cause for a citation to be issued. A recheck will be made within seven days after the first citation is issued. If, after the recheck, a required detector has not been installed, a fine of $50 will be imposed. Upon proof of installation of the required detector, the $50 fine will be refunded.

(Ord. 440, Sec. 4)

It shall be the responsibility of the owner of each dwelling unit and structure covered by sections 7-213:219 to maintain all smoke detectors in good working order. This requirement applies to smoke detectors required to be installed by any state or federal law as well as smoke detectors required to be installed by sections 7-213:219, unless otherwise required by state or federal law.

(Ord. 440, Sec. 5)

Between January 1 and January 31, of each year the owner of each dwelling unit and structure in which a smoke detector has been installed shall certify to the appropriate fire marshal in writing that the required maintenance has been performed on all such detectors in the owner’s dwelling units and structures and that the devices are in good working condition as of the date of certification. Each owner shall certify to each new occupant of any dwelling unit and structure covered by sections 7-213:219 that all smoke detectors required have been installed and are in proper working condition.

(Ord. 440, Sec. 6)

Any person violating any provision of sections 7-213:219 shall be fined not less than $5 nor more than $500 for each offense; and a separate offense shall be deemed committed on each day, during or on which a violation occurs or continues.

(Ord. 440, Sec. 7)