Art. I. Obstruction of Fire Prevention Equipment, 8-1

Art. II. Smoke Detectors, 8-2 - 8-7

Art. III. Fire Lanes, 8-8

Art. IV. Hazardous Materials Spills 8-9 - 8-16

ARTICLE I. OBSTRUCTION OF FIRE PREVENTION EQUIPMENT

Sec. 8-1. Obstruction of Fire Prevention equipment.
No person shall place or keep any post, fence, growth, trash, storage, snow or other material or thing near any fire hydrant or Fire Department connection of fire protection system control valve that would prevent such equipment or hydrant from being immediately discernible or in any other manner deter or hinder the Fire Department from gaining immediate access to said equipment or hydrant. A minimum five (5) foot clear space shall be maintained around the circumference of all fire hydrants except as otherwise required or approved by the Fire Chief. The provisions of this article shall also apply to fire hydrants, Fire Department connections or fire protection system control valves that are located on private property.

ARTICLE II. SMOKE DETECTORS.

Sec. 8-2. Definitions.
As used in this article:

Corridor shall be defined as a hallway or other area on each floor providing access to individual dwelling areas within a multiple dwelling unit or rental unit.

Mobile home rental shall be defined as any mobile home or trailer occupied by or offered for occupancy to an individual or individuals as a residence on a rental basis.

Multiple family dwelling unit shall be defined as any building that contains living quarters for two (2) or more occupancies, and shall include hotels, motels, boarding houses, sleeping room houses, buildings of mixed occupancy, having any residential units, nursing homes, convalescent homes, licensed half-way houses, or lodging houses.

Sleeping area shall be defined as the area of a unit in which bedrooms or sleeping rooms are located.   Bedrooms or sleeping rooms separated by another use area such as a kitchen or living room are separate sleeping areas, but bedrooms or sleeping rooms separated by a bathroom are not separate sleeping areas.

Smoke detector shall be defined as a device which detects particles or products or combustion other than heat, approved by Underwriters' Laboratories, Inc., or Factory Mutual, equipped with a test button, and may be either battery powered, minimum nine (9) volt, or one hundred ten (110) volt A.C. and which conforms to the Uniform Building Code Standard No. 43-6 as amended from time to time.

Sec. 8-3. Installation.

       1. All new single and multiple family dwellings.

       2. All existing two (2) family or multiple family dwellings.

       3. All rental dwellings either single or multiple.

       4. All new and existing trailer homes.

       5. All new and existing apartment homes.

       6. All new and existing hotels, motels and rooming houses.

       7. All new and existing dwellings above business property.

B. When activated, all smoke detectors shall provide an audible alarm of at least eighty-five (85) decibels at ten (10) feet, and such alarm shall be capable of persisting for at least four (4) minutes.

C. If a smoke detector is alternating current powered, it must be directly attached to a junction box not controlled by any switch other than the main power supply. The installation of alternating current powered detectors shall conform to all electrical standards adopted by the Town. A smoke detector rewired under this article shall be installed according to the directions and specifications of the manufacturer, but if in conflict with any Town electrical standard, the Town electrical standard shall take precedence.

Sec. 8-4. Maintenance.
It shall be unlawful for any person to tamper with or remove any smoke detector except when it is necessary for maintenance or inspection purposes.   Any smoke detector removed for repair or replacement must be reinstalled or replaced so that it is in place during normal sleeping hours. At every change of tenant in every multiple family dwelling unit or mobile home rental, smoke detectors shall be tested to see that they are in operable condition.

Sec. 8-5. Responsibility.
Every owner, manager or agent of any multiple family dwelling unit or mobile home rental shall be responsible for the installation and maintenance of all smoke detectors. This requirement applies to smoke detectors required by any State or Federal law as well as by this article, unless otherwise required by State or Federal law.

Sec. 8-6. Certificates of compliance.
Between January 1st and January 31st each year the owner of each dwelling unit and mobile home in which a smoke detector has been installed shall certify in writing on forms prescribed by the Town to the Fire Inspection Division of the Fire Department that the required maintenance has been performed on all detectors in the owner's units and that the detectors are in good working condition in the owner's units and that the detectors are in good working condition as of the date of certification. Each owner shall certify to each new occupant of any dwelling unit and mobile home covered by this article that all smoke detectors required have been installed and are in proper working condition.

Sec. 8-7. Enforcement.
The Building Department and the Fire Department of the Town shall be charged with the duty of enforcing the terms of this article.

ARTICLE III. FIRE LANE

Sec. 8-8. Fire Lane.
Fire lanes may be established adjacent to businesses within the Town and in accordance with standards established by the Fire Chief. Fire lanes will have signage clearly indicating that parking is prohibited for any vehicle except for fire vehicles. Violators may be cited in accordance to I.C. 9-21-16-5.5.

ARTICLE IV. HAZARDOUS MATERIALS SPILLS

Sec. 8-9. Authorization

B. The Chesterton Volunteer Fire Department is authorized and directed to impose the charges set forth in this chapter on the owner of property or responsible party (as defined in I.C. 13-6-2-5)

Sec. 8-10. Fees
The charges to be imposed pursuant to this chapter are as follows:

B. For each hour or fraction thereof as on-scene assistance, one hundred fifty dollars ($150.00) per response unit and fifty dollars ($50.00) per command/control vehicle.

C. For expendable materials such as absorption materials, emulsifiers, or other agents used in clean up operations, the actual replacement costs of those materials.

D. For collection of debris, chemicals, fuel, or contaminated materials resulting from a spill, the actual cost of removal and disposal at an authorized location.

E. All phone bills and any other out-of-pocket expenses incurred by the Chesterton Volunteer Fire Department, including the cost of meals of members of the Chesterton Volunteer Fire Department who are required to remain on-scene for more than three (3) hours.

Sec. 8-11.   Report to State Fire Marshal
The Chesterton Volunteer Fire Department shall include a copy of the Fire Incident Report in the form prescribed by the State Fire Marshall, if the services provided for an event requires a Fire Incident Report, with the bill for payment of the service charge, and the billing must take place within thirty (30) days after the services are provided.

Sec. 8-12. Collection of money by Town.
The owner of the property involved or responsible party shall remit payment directly to the Town. Any money that is collected pursuant to this chapter may be used to pay principal and interest on a loan under I.C. 22-12-6.5; or used for the purchase of equipment, buildings, and property firefighting, fire protection, and other emergency services.

Sec. 8-14. Report to Town Council
The Chesterton Volunteer Fire Department shall submit a report to the Town Council before April 1st of each year indicating the amount of service charges collected during the previous calendar year and how those funds have been expended.

Sec. 8-15. Recovering of unpaid fees
The Chesterton Volunteer Fire Department is authorized to maintain a civil action to recover any unpaid service charges pursuant to this chapter and utilize the services of the Town Attorney.

Sec. 8-16. Fee changes
The Chesterton Volunteer Fire Department shall give notice pursuant to I.C. 5-3-1 of the amount of the service charge for each service that the Chesterton Volunteer Fire Department provides before the schedule of service charges is initiated pursuant to this chapter and when there is a change in the amount of a service charge.