City of Jackson

Official Documents
Title 7 - Fire Protection and Fireworks

CHAPTER
1. ADMINISTRATION AND ENFORCEMENT.
2. FIRE PREVENTION CODE.
3. FIREWORKS.
4. SMOKE DETECTION DEVICES.
5. GENERAL REGULATIONS.
6. FIRE PROTECTION OUTSIDE CITY.

CHAPTER 1
ADMINISTRATION AND ENFORCEMENT

SECTION
7-101. Bureau of fire prevention.
7-102. Fire safety and evacuation plans for high rise buildings required.

7-101. Bureau of fire prevention. (1) The fire codes as adopted by the city council shall be enforced by the bureau of fire prevention in the fire department of the city which is hereby established and which shall be operated under the supervision of the chief of the fire department.

(2) The chief of the fire department may detail such members of the fire department as inspectors as shall from time to time be necessary. The chief of the fire department shall recommend to the city council the employment of technical inspectors.

(3) A report of the bureau of fire prevention shall be made annually and transmitted to the chief executive officer of the municipality; it shall contain all proceedings under this code, with such statistics as the chief of the fire department may wish to include therein. The chief of the fire department shall also recommend any amendments to the code which, in his judgement, shall be desirable. (1972 Code, e 12-17; Ord. no. 1983-11, e 3; Ord. no. 1990-14, e 4)

7-102. Fire safety and evacuation plans for high rise buildings required. (1) In all buildings identified as high-rise by the Southern Building Code 1988 ed.,2 the owner or other individuals in charge of the building shall be required to prepare and submit to the fire official, a fire safety and evacuation plan for review and approval.

(2) The fire safety plan shall address, but not be limited to the location of primary and secondary exits, fire extinguisher locations, occupant hose station, fire alarm stations and procedures to follow in the event of a fire. The predetermined message for the voice alarm system as specified by the code shall be included in the fire safety plan. Approved copies shall be distributed to all building employees and tenants.

(3) The fire safety and evacuation plan shall be updated by the owner or other individual in charge of the building at least once a year or whenever changes are made in the occupancy of physical arrangement of the building and submitted to the fire official for review and approval. (Ord. no. 1990-14, e 9)

CHAPTER 2
FIRE PREVENTION CODE

SECTION
7-201. Adoption of fire prevention code.
7-202. Modifications.

7-201. Adoption of fire prevention code. Pursuant to the authority granted by Tennessee Code Annotated, section 6-54-101 et seq. and for the purpose of providing regulations consistent with nationally recognized practices for the reasonable protection of life and property from the hazards of fire and explosion due to storage, use or handling of hazardous materials, substances and devices, and to minimize hazards to life and property due to fire and panic, exclusive of those hazards considered in building code regulations, the 1988 edition, with 1989 revisions, excluding all appendices except SFPC A101.3.5, A101.4.5, A101.4.6, A101.4.7 and A107 of the Standard Fire Prevention Code, as prepared and adopted by the Southern Standard Code Congress International, Inc., and as amended by the City of Jackson is hereby adopted and incorporated by reference as a part of this code of ordinances. (1972 Code, e 12-19; Ord. no. 1986-19, e 2, 3(a); Ord. no. 1990-14, e 3)

7-202. Modifications. The fire prevention code adopted herein is hereby modified as follows:

(1) Chapter 1 amendments.

(a) Section 101.3.1-"Applicability" of the Standard Fire Prevention Code is deleted, and in its place is inserted the following:

101.3.1-Applicability. The provisions of this code shall apply to the repair, equipment, use and occupancy, and maintenance of every existing building or structure or any existing appurtenances connected or attached to such buildings or structures, of every building or structure or any appurtenances connected or attached to such buildings or structures located within the City of Jackson, including, without limitation, installations, buildings or structures owned or under the control of the State of Tennessee or any county, municipality, special district, or any other political subdivision of the State of Tennessee.

(b) Delete 102.5 as it appears and substitute the following:

102.5 Requirements not covered by code. Any requirements necessary for the fire safety of an existing or new building, or situation not specifically covered by this code, shall be determined by the fire official. When deemed applicable, by the fire official, requirements contained in the 1988 edition with the 1989 revisions of the National Fire Protection Association National Fire Code, when not in conflict with provisions of the building code, shall be used by the fire official to met the requirements of this section.

102.5.1 The fire official is authorized to promulgate necessary policies and procedures in order to ensure effective application of the codes and standards that the fire department has adopted.

(d) delete 103 with no substitution.

(e) Delete 105 with no substitution.

(2) Chapter 3 amendments.

(a) Add to 301 the following

The editions of the National Fire Protection Association Standards listed in this chapter shall be deleted. The editions of these standards as contained within the 1988 edition of the National Fire Codes with the 1989 revisions shall be substituted.

(3) Chapter 4 amendments.

(a) Delete chapter 4 with no substitution.

(4) Chapter 6 amendments.

(a) Delete 602.5.1 as it appears and substitute the following:

602.5.1 No person shall park a motor vehicle, or keep a fence, growth, trash, or other material near any fire hydrant that would prevent such hydrant from being immediately discernible or in any other manner hinder the fire department from gaining immediate access to a fire hydrant. Ten (10) feet shall be provided along a roadway or parking lot to each side of the fire hydrant. Three (3) feet operating access shall be provided around the rear side of the hydrant.

(b) Add the following section 602.5.4.

602.5.4. No fire hydrant shall be installed more than (10) feet from a hard surface roadway or parking lot unless approved by the fire official.

602.6.1 Every building hereafter constructed shall be accessible to fire department apparatus by way of access roadways with all weather driving surface of not less than twenty-six (26) feet of unobstructed width, with the closest edge of the roadway being at least ten (10) feet from the building and providing an adequate roadway turning radius capable of supporting the imposed loads of fire apparatus and having a minimum vertical clearance of fourteen (14) feet. During construction, when combustibles are brought on to the site in such quantities as deemed hazardous by the fire official, access roads and a suitable temporary supply of water acceptable to the fire department shall be provided and maintained.

(d) Delete 603.6.1 and 603.6.2 with no substitution.

(e) Delete 603.7.1 as it appears and substitute the following

603.7.1 A manual fire alarm system complying with the requirements of NFPA 72A shall be installed in all of the following buildings:

(1) Group A, Assembly having a capacity of 1000 persons.

(2) Group B, Business buildings, having a total occupancy of 500 or more persons or more than 100 persons above or below the street floor or the building is two or more stories in height above the level of exit discharge.

(3) Group E, Educational.

(4) Group F, Factory-Industrial occupancies with a total capacity of 100 or more, or with 25 or more persons above or below the level of the exit discharge.

(5) Group H, Hazardous Occupancies.

(6) Group I, Institutional. Restrained or Unrestrained.

(7) Group M, Mercantile having a total occupancy of 500 or more persons or more than 100 persons above or below the street floor.

(8) Group R: Residential, hotels having accommodations for more than 15 guests, apartment houses four or more stories in height, dormitories, lodging or rooming houses having more than 20 sleeping accommodations.

Exception: Where each guest room or apartment has a direct exit to the outside of the building and the building is three stories or less in height.

(f) Delete 603.7.2 as it appears and substitute the following:

603.7.2 The manual fire alarm system required in 603.7.1 may be omitted in Group A, Group B, Group E, Group M, Group R, in buildings equipped with an automatic fire alarm or automatic sprinkler system covering all areas. Actuation of the automatic fire alarm or automatic sprinkler system covering all areas. Actuation of the automatic fire alarm or automatic sprinkler system shall sound an internal evacuation alarm. Provision shall be made to manually activate the internal evacuation alarm at a minimum of one centrally located station.

(g) Add the following section:

603.7.7 All fire alarm systems installed shall provide emergency notification as follows:

Fire horn sign shall meet the following specifications:

(1) The sign shall be 18 inches by 18 inches with the words FIRE HORN being 4 inches in height and 1 inch wide. CALL being 2 inches in height and 3/4 inch wide. 911 being 3 inches in height and 1 inch wide. All lettering to be Franklin Gothic.

(2) The sign blank is to be at least 0.32 inch aluminum with a white baked enamel finish.

(3) The lettering and border to be red in color, paint is accepted.

(4) If vinyl is used, a certification letter from the installer of 7 year warranty for exterior uses shall be placed on file with our department.

(5) See attached example of sign.

(h) Delete 603.19.1 as it appears and substitute the following:

603.19.1 Cooking operations occurring in other than dwelling units shall be protected in accordance with section 308--exhaust systems of the standard mechanical code.

(5) Chapter 9 amendments

(a) Delete 904.4.1 as it appears and substitute the following:

904.4.1 Not more than 60 gallons of flammable or combustible liquids may be stored in a storage cabinet. No individual container may exceed (5) five gallons capacity. No more than (3) three such cabinets may be located in a single fire area, except that in an industrial occupancy, additional cabinets may be located in the same fire area if the additional cabinet, or group of not more than three (3) cabinets, is separated from other cabinets or group of cabinets by at least 100 feet.

(6) Chapter 20 amendments.

(a) Delete 2002.1.2; 202.2; 2006 as it appears with no substitution.

(7) Appendix A

(a) Add the following sections from Appendix A

(1) A101.3.5 All buildings or structures both existing and new, and all parts thereof, shall be maintained in a safe condition. All devices or safeguards which are required by this code shall be maintained in good working order. The owner, or his designated agent, shall be responsible for the maintenance of buildings and structures.

(2) A101.4.5 The fire official shall keep, or cause to be kept, a record of the business of the department. The records of the department shall be open to public inspection.

(3) A101.4.6 Any officer or employee, or member of the board of adjustments and appeals, charged with the enforcement of this code, acting for the applicable governing body in the discharge of his duties, shall not thereby render himself personally liable, and is hereby relieved from all personal liability, for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee or member because of such act performed by him in the enforcement of any provision of this code shall be defended by the city attorney until the final termination of the proceedings.

(4) A101.4.7 The fire official shall annually submit a report covering the work of the department during the preceding year. He shall incorporate in said report a summary of the decisions of the board of adjustments and appeals during said year.

(8) Delete National Fire Protection Association Code 30:4-3.1 as it appears with no substitutions.

(9) Delete National Fire Protection Association Life Safety (101) Code: 6-2.2.8 as it appears and substitute the following:

6-2.2.8 Passages of pipes, conduits, bus ducts, cables, wires, air ducts, pneumatic ducts, and similar building service equipment through fire barrier shall be protected as follows:

(a) The space between the penetrating item and the fire barrier shall:

(1) Be filled with a rated fire stopping material as approved by Underwriters Laboratories (UL) or Factory Mutual (FM) or testing agency acceptable to the authority having jurisdiction designed to maintain the fire resistance of the fire barrier, or

(2) Be protected by an approved device designed for the specific purpose.

(b) Where the penetrating item uses a sleeve to penetrate the fire barrier, the sleeve shall be solidly set in the fire barrier and the space between the item and the sleeve shall:

(1) Be filled with a rated fire stopping material as approved by Underwriters Laboratories (UL) of Factory Mutual (FM) or testing agency acceptable to the authority having jurisdiction designed to maintain the fire resistance of the fire barrier, or

(2) Be protected by an approved device designed for the specific purpose.

(1) The material is capable of maintaining the fire resistance of the fire barrier, or

(2) Be protected by an approved device designed for the specific purpose.

(d) Where designs take transmission of vibration into consideration, any vibration isolation shall:

(1) Be made on either side of the fire barrier, or

(2) Be by an approved device designed for the specific purpose.

(10) Delete National Fire Protection Association Code 90A:3-3.8.1 as it appears and substitute the following:

3-3.8.1 Where ducts pass through walls, floors, or partitions required to have a fire resistance rating and fire dampers are not required, the opening in the construction around the duct shall not exceed 1-inch average clearance on all sides and shall be filled solidly with a rated fire stopping material as approved by Underwriters Laboratories (UL) or Factory Mutual (FM) or testing agency acceptable to the authority having jurisdiction.

Exception: Where fire dampers are installed, proper clearance for expansion shall be maintained. (See 3-3.7.2.2)

(11) Delete as it appears national Fire Protection Association 71:5-2.6 and substitute the following:

5-2.6 A DACT shall be connected to two separate lines (numbers) at the protected premises. The DACT shall be capable of selecting the operable line (number) in the event of failure of either line (number).

(12) Add the following section to National Fire Protection code 72A:1-1.6

1-1.6 Secondary Control panels may be used provided that alarm reset and zoning is controlled at the primary control panel.

(13) Add the following section to National Fire Protection Code 72B: 1-1.7

1-1.7 Secondary Control panels may be used provided that alarm reset and zoning is controlled at the primary control panel.

(14) Add the following section to National Fire Protection Code 72C: 1-1.4

1-1.4 Secondary Control panels may be used provided that alarm reset and zoning is controlled at the primary control panel.

(15) Add the following section to National Fire Protection Code 72D: 1-3.3

1-1.3 Secondary control panels may be used provided that alarm reset and zoning is controlled at the primary control panel.

CHAPTER 3
FIREWORKS

SECTION
7-301. Unlawful within city limits.
7-302. Regulations pertaining to the use of special effects.

7-301. Unlawful within city limits. It shall be unlawful for any person to store, offer for sale, expose for sale, sell at retail, or use or explode any fireworks within the city limits of the City of Jackson, except as provided in Sections 1121(1) of the National Fire Protection Association Code. (Ord. no. 1983-11, e 12)

7-302. Regulations pertaining to the use of special effects.

(1) Definition. "Special effects" means articles containing any pyrotechnic composition manufactured and assembled, designed, or discharged in connection with television, theater, or motion picture productions, which may or may not be presented before live audiences; and any other articles containing any pyrotechnic composition used for education, recreation or entertainment purposes; which may or may not be presented before a live audience.

(2) Time for application. Application for a permit for display of special effects shall be made on forms furnished by the city fire prevention bureau, fifteen (15) days in advance of the date of display.

(3) Display of special effects.

(a) The display of special effects, with the approval of the local fire marshal, may be permitted only in the following locations, within these types of buildings as defined in the Standard Building Code:

(1) All buildings of fire resistive construction; or

(2) All buildings with a fire suppression (sprinkler) system; or

(3) All theaters, within the confines of the proscenium wall.

(b) Under paragraph (a) of this subsection, any denial of an application by the local fire marshal for a display under this subsection shall be for a just cause, and the applicant notified of such denial in writing within twenty-four (24) hours of such denial.

(4) Pre-display demonstration. Each device to be used in a special effects display must be ignited or exploded in the position in which it will be used, in the presence of the local fire marshal or his designee, not less than four (4) hours prior to the actual time of the opening of the approved location to occupancy by the general public. The final location of and amount of special effects must be approved by him. No permit issued by the state fire marshal will become effective until approval of the pre-display demonstration has been given by the local fire marshal or his designee or the state fire marshal.

(5) Special effects display. The same fire marshal or his designee who witnessed the pre-display demonstration must be present at each actual special effects display, except that for a limited special effects display, the fire marshal or his designee is required to be present only for the pre-display demonstration and the initial loading of the approved special effects, unless otherwise determined by the fire marshal or designee.

(6) Pyrotechnic compositions to be used.

(a) Only approved types and amounts of pyrotechnic composition, as listed on the permit application, may be used.

(b) Pyrotechnic compositions are to be ignited or exploded only in an approved type of container by an operator holding a valid certificate of competency.

(7) Pyrotechnic devices.

(a) Only approved types and amounts of pyrotechnic devices, as listed on the permit application, may be used.

(b) Pyrotechnic devices are to be ignited or exploded by an operator holding a valid certificate of competency.

(8) Approved pyrotechnic compositions, devices, containers and detonating mechanisms to be used. Only those pyrotechnic compositions, devices, containers and detonating mechanisms approved by the state fire marshal shall be used. No pyrotechnic device or composition may be used that was not specifically designed and manufactured for such use.

(a) All pyrotechnic devices and containers shall be fixed in their detonating position in a manner approved by the local fire marshal.

(b) Any device from which a residue may be projected shall either be protected by a securely attached metallic screen or, if directed by the local fire marshal, by relocation to a point where such residue will not endanger the audience.

(9) Detonating mechanisms.

(a) Power sources for firing special effects shall be restricted to batteries or individual isolated mechanisms specifically approved by a recognized testing laboratory. If any power source other than batteries approved by the fire marshal are utilized, a licensed electrician should be used.

(b) Low voltage power sources only will be permitted from the detonating mechanism to the special effects, unless it consists of a system listed by a nationally recognized testing laboratory. "System" includes devices and wiring.

(c) Shunts. Short circuiting shunts shall be maintained on all electrically fired pyrotechnic items during preparatory operations including loading, setting and adjustment.

(d) Firing Safeguards. All firing switches, including battery and power circuit types, shall be designed or altered to insure against accidental firing by providing:

(1) An automatic short circuiting shunt across the firing leads until the switch is intentionally thrown to the firing position, and

(2) An automatic positive disconnection when the switch is released by the operator.

Firing boxes shall be designed to prevent firing unless the switch is manually operated.

(e) Connecting any electric firing circuit to any power supply, excepting only a test galvanometer equipped with a silver chloride battery, is prohibited until all special effects in the sequence are connected to firing leads and cleared for firing.

(f) All wiring and appurtenances thereto shall conform to the National Electrical Code.4

(10) Prohibited pyrotechnic compositions. These materials shall not be used in special effects materials:

(a) Fulminate of mercury

(b) Carbon tetrachloride for making black smoke

(d) Black powder

(11) Prohibited special effects displays. No bombs, salute, roman candle, skyrocket, firecracker, torpedo or similar firework may be used in a special effects display unless specifically approved by the state fire marshal.

(12) Audience location. No special effects display may be located so that, when ignited or exploded, the residual flare out of pyrotechnic compositions is less than twice its radius from any seating in the assembly area, nor ten (10) feet, whichever is greater.

(13) Concussion devices. No concussion special effects devices shall be used in a location closer to any individual than that distance approved by the city fire prevention bureau.

(14) Suspended devices. The chemical composition of any suspended special effects shall be such as to be self extinguishing at least ten (10) feet above any object below. No such devices shall be located above the audience.

(15) Disposal of unfired special effects material. Any special effects materials that remain unfired after the display is concluded shall be immediately disposed of or removed in a manner safe for the particular type of special effects materials. The debris from the discharge special effects materials shall be properly disposed of by the operator before he leaves the premises. The licensed operator upon the conclusion of the display shall make a complete and thorough search for any unfired special effects materials which have failed to fire or function and shall dispose of them in a safe manner.

(16) Operator to have certificate of competency. Every display of special effects shall be handled by a competent operator certified as such by the city fire prevention bureau. Such operator shall have his certificate of competency in his possession when engaged in conducting a special effects display, and shall exhibit the same upon the request of any authorized person or official.

(17) Classes of certificates of competency.

(a) Special effects certificate. This certificate is restricted to the use, preparation for transportation, and the preparation and use of all types of special effects pyrotechnics, for the sole purpose of producing a visible or audible effect where and when such use is a necessity of a motion picture, television, theatrical, operatic, educational, recreational or entertainment production, as may be permitted by the city fire prevention bureau.

(b) Special effects certificate-limited. This certificate is limited to the use of one (1) or more special effects, which effects are to be repetitiously used as may be permitted by the city fire prevention bureau, under a limited special effects permit.

(18) Issuance of certificate of competency. Certificates of competency are to be issued only after the competency of the operator has been demonstrated to the satisfaction of the local jurisdiction by successful completion of examinations administered by him and the payment of the appropriate fee.

(19) Fire protection and extinguishing equipment. Fire protection and extinguishing equipment shall be provided as required by the local fire marshal having jurisdiction.

(20) Fire marshal to be present. The applicant to whom the permit has been issued shall arrange for the detailing of one (1) member of the local fire marshal's office or such larger number as may be deemed necessary by the fire marshal. The expenses for such marshal shall be paid by the applicant.

(21) Qualifications of operator, assistant. A competent operator shall be a person at least twenty-one (21) years of age who satisfies the fire marshall that he is competent by experience and training to supervise the special effects display and who has been issued a certificate of competency by the state fire marshal. Said certificate of competency may be revoked by the state fire marshal for any violation of these regulations or where the holder's conduct or condition is such as to imperil the public safety. Each person assisting the operator shall be at least eighteen (18) years of age.

(22) Operator and assistant to be on duty during discharge. There shall be at all times at least one (1) operator on duty during the discharging of special effects. An assistant may be required by the local fire marshal.

No special effects pyrotechnic item shall be discharged unless it is in full view of the operator or his assistant at the time of discharge. During the discharge, the operator and his assistant shall be in direct communication.

(23) Cancellation of display because of behavior or condition of operator. The local fire marshal is authorized to cancel any special effects display when the behavior or condition of the operator or assistant is such as to imperil the public safety.

(24) Transportation. Vehicles containing any special effects materials shall not be parked within any building at any time. Location of exterior parking locations shall be subject to the approval of the local authority having jurisdiction. (Ord. no. 1986-19, e 4)

CHAPTER 4
SMOKE DETECTION DEVICES

SECTION
7-401. Required.
7-402. Fire detection systems.
7-403. Fire detection systems for existing dwellings.
7-404. Responsibility for installation and maintenance.
7-405. Interference.
7-406. Enforcement.

7-401. Required. After July 1, 1986, all single-family and multiplefamily dwelling units as hereinafter described in this chapter shall be required to be equipped with a smoke detector. (Ord. no. 1986-19, e 5)

7-402. Fire detection systems. (1) No single-family residence or multi-family residence in which two (2) or more families are housed in different sections, apartment, condominium, townhouse, guestroom in a motel, hotel, dormitory, boardinghouse or in any basement or cellar within such, built or constructed after the effective date of this chapter, may be occupied prior to the installation of smoke detectors approved by a major testing laboratory, such as Underwriters Laboratories, and capable of sensing visible or invisible particles and combustion, and providing a suitable audible alarm thereof. Detectors sensitive only to heat are not acceptable.

(2) Smoke detectors may be wired directly (hard-wired) to the dwelling's power supply or powered by a self-monitored battery, or operated in a plug-in outlet which is fitted with a restrainer device, provided the outlet is not controlled by a switch other than the main power supply. All smoke detectors that are wired to a dwelling's power supply (hard-wired) shall be installed in accordance with the electrical code of the City of Jackson.5

(3) In all single-family residences, multi-family residence apartments, condominiums, and townhouses, at least one (1) smoke detector shall be installed to protect each sleeping area, and there shall be at least one (1) smoke detector installed on each level of such dwellings (i.e., cellar, basement, first floor, second floor, etc.). For purposes of this chapter, a "sleeping area" is defined as the area or areas of the dwelling unit which the bedrooms or sleeping rooms are located. Where bedrooms or rooms ordinarily used for sleeping are separated by other use areas (such as kitchens, family or living rooms, but not bathrooms or closets), they shall be considered separate sleeping areas for purpose of this section, and shall require protection.

(4) All smoke detectors required by this section shall be installed in accordance with the manufacturer's directions as to location and installation where they do not conflict with the provisions of this chapter.

(5) The provisions of the National Fire Protection Association Code, Standard Fire Prevention Code and Standard Building Code, as adopted by the City of Jackson,6 shall remain in effect and govern fire and smoke warning and protection systems in common corridors of any buildings covered by this section, and nothing in this section is intended nor shall be construed to amend, alter, repeal, omit or delete the same as it relates to such common corridors.

(6) The requirements of this section shall apply, the other provisions of the Standard Fire Prevention Code and the Standard Building Code as adopted by the city notwithstanding. (Ord. no. 1986-19, e 5)

7-403. Fire detection systems for existing dwellings. No single-family residence, multi-family residence (meaning residences in which two (2) or more families are housed in different sections), apartment, condominium, townhouse, guest room in a motel, hotel, dormitory or boardinghouse, nor any basement or cellar within such multi-family residence shall be sold, leased, rented or otherwise occupied after July 1, 1986, unless a smoke detector approved by a major testing laboratory and capable of sensing visible or invisible particles of combustion and providing a suitably audible alarm thereof has been installed in said premises as prescribed by this section. Detectors sensitive only to heat are not acceptable. Furthermore, no structural change of a value in excess of one thousand dollars ($1,000.00) may be approved for a building permit after July 1, 1986, unless such dwelling is equipped with, or unless such structural change includes, smoke detectors as specified in this section.

In existing dwellings, smoke detectors may be wired directly (hard-wired) to the dwelling's powers supply or powered by a self-monitored battery or operated in a plug-in outlet which is fitted with a plug restrainer device, provided the outlet is not controlled by any switch other than the main power supply. All smoke detectors that are wired directly to the dwelling's power supply (hard-wired), shall be installed in accordance with the electrical code of the City of Jackson, Tennessee. (Ord. no. 1986-19, e 5)

7-404. Responsibility for installation and maintenance. The owner of each single-family dwelling, multi-family dwelling, apartment, condominium or townhouse shall be responsible for the installation of the early fire detection devices required by this section. It shall be the responsibility of the occupants, whether owners, residents or tenants, to maintain the smoke detectors. Such maintenance shall include cleaning, replacing batteries or keeping the device connected to the electrical power source. (Ord. no. 1986-19, e 5)

7-405. Interference. It shall be unlawful for any person to remove, or to intentionally interfere with the proper operation of, any smoke detector installed pursuant to this section. (Ord. no. 1986-19, e 5)

7-406. Enforcement. Any person found to be in violation of any of the provisions of this chapter shall be deemed guilty of an offense, and upon conviction shall be subject to a fine in accordance with the general penalty provisions of this municipal code of ordinances. (Ord. no. 1986-19, e 5)

CHAPTER 5
GENERAL REGULATIONS

SECTION
7-501. False alarm prohibited.
7-502. Impersonating a fireman.
7-503. Smoking in bed in public accommodations.
7-504. Interfering with a fireman; refusal to obey.
7-505. Fire access areas.

7-501. False alarm prohibited. It is unlawful to wilfully give or make a false alarm of fire, or create any disturbance or false alarm by ringing any bell in the city, or by any other means. (1972 Code, ß 12-1)

7-502. Impersonating a firefighter. It shall be unlawful for any person to impersonate a firefighter by wearing a uniform similar to a firefighter, by representing himself at the scene of the fire to be a firefighter, or to take any other action designed to persuade the public that such person is a member of any fire department. (1972 Code, ß 12-2)

7-503. Smoking in bed in public accommodations. It shall be unlawful to smoke in bed in any public accommodation. Those persons in charge of public accommodations shall display prominent signs in any room in which a bed is found which shall state in clearly legible printing: "NO SMOKING IN BED"

(1972 Code, ß 12-3)

7-504. Interfering with a firefighter; refusal to obey. It shall be unlawful for any person to fail to obey the lawful orders of a firefighter at the scene of a fire or disaster or to otherwise interfere with a firefighter in the performance of his duties. (1972 Code, ß 12-4)

7-505. Fire access areas. (1) Dead-end roadways and streets of three hundred (300) feet or more shall be provided with a turnaround at the dead-end. The radius and width of the turnaround shall be specified by the fire marshal's office, city fire department.

(2) When used herein, "owner" means individuals, partnerships or corporations actually legal owners or otherwise entitled to occupancy, use or possession thereof.

(3) Owners shall be required to identify and maintain markings for fire access areas. Such fire access areas should be marked by lettering on curbs or pavement or by an official sign that has been approved by the fire marshal's office, city fire department.

(4) No obstruction of any kind, including motor vehicles or trailers, whether attended or unattended, shall be placed, stored, parked or permitted to remain for any period of time in any area required for the access of fire equipment to any public or private residential or business building or complex of such buildings, which may, in the discretion of the fire marshal's office, city fire department, and with the consent of the owner when such areas are not public property, be designated as "fire access areas." For the purpose of this section, the term "fire access roadways," "fire access areas," and 'fire lanes" are synonymous.

(5) Any person violating this section shall be guilty of a misdemeanor and such motor vehicles or trailers found in violation hereof may be impounded and tow-in and storage charges assessed. Enforcement of this chapter will be the responsibility of the Jackson Fire Department and Jackson Police Department.

(6) The amount of forfeiture which may be paid at the traffic violations bureau for violation of this section is hereby designated as not less than ten dollars ($10.00) nor more than fifty dollars ($50.00). (Ord. no. 1979-38, ß 1; Ord. no. 1986-18, ß 1; Ord. no. 1990-14, ß 2; Ord. no. 1990-37, ß II)

CHAPTER 6
FIRE PROTECTION OUTSIDE CITY

SECTION

7-601. Five mile limitation.
7-602. Contract with private owners.
7-603. Industrial locations.
7-604. To be subordinate to protection in city.
7-605. Contribution to costs by private landowners.
7-606. Responsibility of city.
7-607. Cancellation of contracts by city.

7-601. Five mile limitation. The fire department may respond to requests for assistance to property located beyond the corporate limits, and within five (5) miles of the nearest fire station or substation only to that property whose owners, prior to such request, shall have entered into a contract with the city making them eligible for such services on a limited basis, and who shall have paid all charges provided in this chapter. (1972 Code, ß 12-36; Ord. no. 1977-11, ß 1)

7-602. Contract with private owners. Any property owner whose property is located within five (5) miles of the nearest fire station or substation may contract with the city for limited fire protection by the fire department, provided such property owner accepts all conditions and limitations of such contract and shall pay all the charges provided herein. No exceptions, promises or conditions shall be made by anyone on behalf of the city except as is set out in said contract or is provided for in section 7-603. (1972 Code, ß 12-37; Ord. no. 1977-11, ß 2)

7-603. Industrial locations. The city council may, by resolution, designate industrial property beyond five (5) miles of the nearest fire station or substation for protection if found in the public interest. Likewise, the city council may, by resolution, provide for such protection to publicly owned facilities if found in the public interest. (1972 Code, ß 12-38; Ord. no. 1977-11, ß 3)

7-604. To be subordinate to protection in city. The limited fire protection here authorized is wholly subordinate to the primary purpose of the fire department to provide fire protection within the corporate limits, and the department will not respond to any request for assistance beyond the corporate limits, under any conditions, if by doing so the protection within the corporate limits is reduced to an unsafe level. The determination of whether to respond to an alarm or request for assistance outside the corporate limits is here delegated to the senior officer of the fire department on duty at the time of receipt of such request and his decision shall be final. Similarly, any equipment dispatched to an out of city area in response to a request for assistance, whether there be a fire in progress or not, shall be ordered back into the city if the level of fire protection within the city be reduced to an unsafe level by developments occurring after the dispatch of such equipment to out-of-city area. (1972 Code, ß 12-39)

7-605. Contribution to costs by private landowners. In order to help in a small way to pay the cost of the maintenance of a fire department on a twenty-four (24) hour per day standby basis and the cost of setting up and maintaining the necessary records, each property owner desiring to contract for fire protection on a limited basis shall pay to the city the following annual minimum charge:

(1) Dwelling house and customary accessory buildings, such as garage, shed, chicken house and so forth, per year--one hundred dollars ($100.00).

(2) Industrial sites, per year--one hundred dollars ($100.00).

In addition thereto there will be an additional charge of one dollar ($1.00) per one hundred dollars ($100.00) of the assessed valuation of the improvements located on each residential, commercial or industrial site, as such assessments are shown in the office of the property assessor for Madison County, for the calendar year of the effective date of the contract in excess of ten thousand dollars ($10,000.00).

If residential, commercial or industrial property is constructed or under construction, on such residential, commercial or industrial site, same shall be assessed for purposes of computation of charges at twenty-five (25) per cent of the estimated cost of construction for residential property, and forty (40) per cent of the estimated cost of construction on commercial or industrial property. When same is placed on the tax rolls as completed, the above paragraph shall be applicable.

If for any reason, residential, commercial or industrial property is not assessed by the office of the property assessor, same shall be considered for this section of the Code of the City of Jackson, regarding fire protection outside the city as though same had been assessed and charges will be made at twenty-five (25) per cent of the estimated value of the property for residential property and forty (40) per cent of the estimated value of the property for commercial or industrial property.

The above charges must be paid and contract signed before the fire department will, under the limitations set out herein, respond to a request for assistance outside the city. No pledge or promise of payment shall be accepted at the time of a request for assistance.

Charges here established shall be for the city fiscal year, July 1 - June 30. Full charge will be made from July 1 - December 31 of each fiscal year. Half price shall be charged from January 1 - June 30. All contracts expire June 30th of each year unless renewed at least five days prior to such date. No new contract shall be effective for five full days following its execution in order to provide proper time to set up card files and books. No contract shall be transferable from one owner to another. Only the owner of property may contract as provided herein. No payments made in pursuance to this chapter shall be refundable. (1972 Code, ß 12-40; Ord. no. 1977-11, ß 4)

7-606. Responsibility of city. The city, while willing to provide as much protection as possible under the limitations set out herein and in its contract, recognizes that conditions may arise which could cause no response at all to a call for help outside the city whether a contract has been signed and charges paid or not. Because of this, charges have been held to a minimum. Any applicant for such service is required to recognize in the contract that the property owner also recognizes that conditions may arise under which his request for assistance outside the city limits will not be honored and that the property owner accepts the contract on that condition and will hold the City of Jackson harmless from any and all claim, suit or demand for such failure to respond. (1972 Code, ß 12-41)

7-607. Cancellation of contracts by city. The contracts here authorized may be canceled by resolution of the City Council, provided thirty (30) days notice of same be given prior to the adoption of such resolution. (1972 Code, ß 12-42)