TITLE 7

FIRE PROTECTION AND FIREWORKS Building, utility and housing codes: title 12.

CHAPTER

1.  FIRE LIMITS.

2.  FIRE CODE.

3.  FIRE DEPARTMENT.

4.  SERVICE OUTSIDE CITY LIMITS.

5.  FIREWORKS.

CHAPTER 1

FIRE LIMITS

SECTION

7-101.  Fire limits described.

7-101.  Fire limits described. The corporate fire limits shall include all the territory bounded by Hill Street on the east, the Southern Railway on the south, "C" Street on the west and First Avenue on the north, and the Lenoir City park and to the marina area; said marina being the area which is leased to the City of Lenoir City, Tennessee by the United States of America by and through its agency, the Tennessee Valley Authority, which is now sublet to certain operators and is currently known as Fort Loudon Dam Marina. (1963 Code, § 7-101, as amended by Ord. adopted Aug. 24, 1981)

CHAPTER 2

FIRE CODE Building, utility and housing codes: title 12.

SECTION

7-201.  Fire code adopted.

7-202.  Enforcement.

7-203.  Definition of "municipality."

7-204.  Storage of explosives, flammable liquids, etc.

7-205.  Gasoline trucks.

7-206.  Variances.

7-207.  Violations.

7-201.  Fire code adopted. Pursuant to authority granted by Tennessee Code Annotated, §§ 6-54-501 through 6-54-506, and for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, the Standard Fire Prevention Code, 1994 edition with 1995 revisions, as recommended by the Southern Standard Building Code Congress International, Inc. is hereby adopted by reference and included as a part of this code. Pursuant to the requirement of Tennessee Code Annotated, § 6-54-502, one (1) copy of the fire prevention code has been filed with the city recorder and is available for public use and inspection. Said fire prevention code is adopted and incorporated as fully as if set out at length herein and shall be controlling within the corporate limits. (Ord. #22-A, Sept. 1970, modified)

7-202.  Enforcement. The fire prevention code herein adopted by reference shall be enforced by the chief of the fire department. (1963 Code, § 7-202)

7-203.  Definition of "municipality." Whenever the word "municipality" is used in the fire prevention code herein adopted, it shall be held to mean the City of Lenoir City, Tennessee. (1963 Code, § 7-203, modified)

7-204.  Storage of explosives, flammable liquids, etc. (1) The limits referred to in § 1901.4.2 of the fire prevention code herein adopted, in which storage of explosives and blasting agents is prohibited, is hereby declared to be the fire district as set out in § 7-101 of this code.

(2) The district referred to in section 902.1.1 of the fire prevention code, in which storage of flammable liquids in outside above ground tanks is prohibited, is hereby declared to be the fire district as set out in § 7-101 of this code.

(3) The district referred to in § 906.1 of the fire prevention code, in which new bulk plants for flammable or combustible liquids are prohibited, is hereby declared to be the fire district as set out in § 7-101 of this code.

(4) The district referred to in § 1701.4.2 of the fire prevention code, in which bulk storage of liquefied petroleum gas is restricted, is hereby declared to be the fire district as set out in § 7-101 of this code. (1963 Code, § 7-204, modified)

7-205.  Gasoline trucks. No person shall operate or park any gasoline tank truck within the central business district or within any residential area at any time except for the purpose of, and while actually engaged in, the expeditious delivery of gasoline. (1963 Code, § 7-205)

7-206.  Variances. The chief of the fire department may recommend to the city council modifications of the provisions of the fire prevention code upon application in writing by any property owner or lessee, or the duly authorized agent of either, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modifications when granted or allowed shall be contained in an amendment to this code or a resolution of the city council. (1963 Code, § 7-206, modified)

7-207.  Violations. It shall be unlawful for any person to violate any of the provisions of this chapter or the Standard Fire Prevention Code herein adopted, or fail to comply therewith, or violate or fail to comply with any order made thereunder; or build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken; or fail to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction, within the time fixed herein. The violation of any section of this chapter shall be punishable by a penalty of up to five hundred dollars ($500.00) for each offense. The application of a penalty under the general penalty clause for this municipal code shall not be held to prevent the enforced removal of prohibited conditions. (1963 Code, § 7-207, modified)

CHAPTER 3

SECTION

7-301.  Establishment, equipment, and membership.

7-302.  Objectives.

7-303.  Organization, rules, and regulations.

7-304.  Records and reports.

7-305.  Chief responsible for training.

7-306.  Chief to be assistant to state officer.

7-301.  Establishment, equipment, and membership. There is hereby established a fire department to be supported and equipped from appropriations by the governing body of the municipality. All apparatus, equipment, and supplies shall be purchased by or through the municipality and shall be and remain the property of the municipality. The fire department shall be composed of a chief appointed by the governing body and such number of physically-fit subordinate officers and firemen as the city council shall appoint. (1963 Code, § 7-301, modified)

7-302.  Objectives. The fire department shall have as its objectives:

(1) To prevent uncontrolled fires from starting.

(2) To prevent the loss of life and property in case a fire does start.

(3) To confine fires to the place of origin.

(4) To extinguish uncontrolled fires.

(5) To prevent loss of life from asphyxiation or drowning.

(6) To perform such rescue work as its equipment and/or the training of its personnel makes practicable. (1963 Code, § 7-302)

7-303.  Organization, rules, and regulations. The chief of the fire department shall set up the organization of the department, make definite assignments to individuals, and shall formulate and enforce such rules and regulations as shall be necessary for the orderly and efficient operation of the fire department, under the direction of the city administrator. (1963 Code, § 7-303, modified)

7-304.  Records and reports. The chief of the fire department shall keep adequate records of all fires, inspections, apparatus, equipment, personnel, and work of the department. He shall submit a written report on such matters to the city council once each month, and at the end of the year a detailed annual report shall be made. (1963 Code, § 7-304, modified)

7-305.  Chief responsible for training. The chief of the fire department or his designee, shall be fully responsible for the training of the firemen and, the minimum training shall comply with the standards as adopted by the Tennessee Commission on firefighter standards and education. No firefighter, volunteer or paid, shall have less than 40 hours of in-service training during any year. (1963 Code, § 7-306, modified)

7-306.  Chief to be assistant to state officer. Pursuant to requirements of Tennessee Code Annotated, § 68-102-108, the fire chief is designated as an assistant to the state commissioner of insurance and is subject to all the duties and obligations imposed by Tennessee Code Annotated, title 68, chapter 102, and shall be subject to the directions of the state commissioner in the execution of the provisions thereof. (1963 Code, § 7-308, modified)

CHAPTER 4

SECTION

7-401.  Restrictions on fire service outside city limits.

(1) The Local Government Emergency Assistance Act of 1987, as amended, codified in Tennessee Code Annotated, § 58-2-601, et seq.

(2) Tennessee Code Annotated, § 12-9-101, et seq.

(3) Tennessee Code Annotated, § 6-54-601.

CHAPTER 5

SECTION

7-501.  Manufacture prohibited.

7-502.  Storage, sale and use restricted.

7-503.  Use of fireworks restricted.

7-504.  Special displays; permit required.

7-505.  Penalty for violation.

7-506.  Use by railroads, etc.

7-507.  Exceptions.

(1) The storage and sale of permissible fireworks is permitted only within the C-4 District, as shown on the Zoning Map of Lenoir City, Tennessee, and shall be subject to all conditions and restrictions contained in the Zoning Ordinance of Lenoir City, Tennessee.

(2) Any person, firm, partnership or corporation desiring to store and sell fireworks within the corporate limits of Lenoir City shall make application for a permit to do so on forms provided for that purpose. The application shall be accompanied by a non-refundable fee of two hundred fifty dollars ($250.00). No permit shall be issued to a person under eighteen (18) years of age. All permits shall be for the calendar year or any fractions thereof and shall expire on December 31. A grace period of two (2) days shall be allowed each holder of a permit.

The application shall include the name of the person making application, the firm, partnership or corporation he represents, the business address of both the applicant and the partnership, firm or corporation he represents, the address and description of the premises where the storage and sale of fireworks is contemplated, sales tax numbers and any other information the recorder deems pertinent to aid in the investigation of the application.

The recorder shall refer the applicant to the fire chief who shall interview the applicant and inspect the premises in which the storage and sale of fireworks is contemplated and make whatever additional investigation of the applicant or premises he deems appropriate to insure that the premises and its operation by the applicant will not constitute a fire, explosion or similar safety hazard. The fire chief shall make a written report of his investigation to the recorder within 72 hours which shall indicate whether the application is approved or denied and shall clearly state the reasons for denial, if applicable. The report may also indicate a qualified approval based on authority which the fire chief shall have to impose reasonable restrictions on the applicant and/or premises.

If the fire chief approves the application the recorder shall issue a permit. If the fire chief approval is qualified, the restrictions and conditions imposed by the chief upon the applicant and/or premises shall be stated in writing in the permit. The permit shall not be transferable to any other person, firm, partnership, corporation or premise.

An applicant denied a permit or whose permit contains conditions and restrictions shall have the right of appeal to the city administrator within fourteen (14) days after denial or the issuance of the permit containing conditions and restrictions by giving the recorder written notice of appeal. Pending appeal by said permit holder whose permit contains conditions and restrictions the permit holder shall abide by any and all conditions and restrictions contained in the permit.

(3) Anything in this code to the contrary, no fireworks shall be sold from an automobile or any other vehicle.

(4) Placing, storing, location, or displaying of fireworks in any window where the sun may shine through the glass onto the fireworks so displayed or to permit the presence of lighted cigars, cigarettes, or pipes within ten (10) feet of where the fireworks are offered for sale is hereby declared unlawful and prohibited. At all places where fireworks are stored or sold, there must be posted with the words "fireworks-no smoking" in letters not less than four (4) inches high. No fireworks shall be sold at retail at any location where paints, oils or varnishes are for sale or use unless kept in the original unbroken containers, nor where resin, turpentine, gasoline, or other flammable substance which may generate inflammable vapors is used, stored or sold.

(5) It shall be unlawful to offer for retail sale or to sell any fireworks to children under the age of ten (10) years or to any intoxicated or irresponsible person. It shall be unlawful to explode or ignite fireworks within six hundred (600) feet of any church, hospital, public school, or within two hundred (200) feet of where fireworks are stored, sold or offered for sale. No person shall ignite or discharge any permissible articles of fireworks within or

throw the same from a motor vehicle while within, nor shall any person place or throw any ignited article of fireworks into or at such a motor vehicle, or at or near any person or group of people.

(1) The igniting and final firing or exploding is done entirely within the property lines of the person doing the firing;

(2) Such firing is not objectionable to or does not create a nuisance insofar as other residences of the neighborhood are concerned; and

(3) The fireworks may only be fired, set off, shot, discharged or exploded on a seasonal basis from June 20 through July 5 and from December 10 through January 2.

Streets, roadways, and alleys maintained by the State of Tennessee or the City of Lenoir City and sidewalks adjacent to the property from which fireworks are being exploded or fired are to be construed as outside the property lines of the person exploding fireworks, it being the intent of this chapter to prohibit the use of fireworks on all public streets, roadways, alleys and sidewalks within the City of Lenoir City.

conducted in accordance with the rules and regulations promulgated by the state fire marshal. Such items of fireworks which are to be used for public displays only and which are otherwise prohibited for sale and use within the state shall include display shells designed to be fired from mortars and display set pieces of fireworks classified by the regulations of interstate commerce commission as "Class B special fireworks" and shall not include such items of commercial fireworks as cherry bombs, tubular salutes, repeating bombs, aerial bombs and torpedoes. Public displays shall be performed only under competent supervision, and after the persons or organizations making such displays shall have applied for and received a permit for such display issued by the state fire marshal. Applications for permits for such public displays shall be made in writing at least ten (10) days in advance of the proposed display, and the application shall show that the proposed display is to be so located and supervised that it shall not be hazardous to property and that it shall not endanger human lives. The application shall so state and shall bear the signed approval of the chief supervisory officials of the fire and police departments of the City of Lenoir City. Permits issued shall be limited to the time specified therein, and shall not be transferable. Possession of special fireworks for resale to holders of a permit for a public fireworks display shall be confined to holders of a distributors permit only.

The fire chief of the City of Lenoir City is further authorized to seize any contraband and destroy fireworks which do not comply with the provisions defining allowable fireworks contained in this chapter pursuant to the provisions of Tennessee Code Annotated § 68-104-115.