The Official City of Norfolk Nebraska Home Page The Official City of Norfolk Nebraska Home Page  
  309 N 5th St
Norfolk, NE 68701
Phone: (402) 844-2000
 

Chapter 8

FIRE PREVENTION AND PROTECTION*

*Cross references-Charges for rescue or ambulance calls, § 2-2, civil service commission, § 2-151 et seq.; alarm systems, Ch. 2.5; buildings and building regulation, Ch. 6; fires and fireworks in city parks, § 18-5; following fire appara­tus, § 24-281; driving over fire hose, § 24-282; transportation of flammable liquids or explosives, § 24-290; special provisions for private fire protection services, § 26-15.

State law reference-Authority of city to provide for fire prevention and protection, R.R.S. 1943, 16-222, 16‑233.

   
Art.    I. In General, §§ 8-1--8-15
Art.   II.  Fire Division, §§ 8-16--8-18
Art.  III. Reserve Fire Division, §§ 8-19--8-25
Art.  IV. Fire Prevention Code, §§ 8-26--8-28
   

ARTICLE I.  IN GENERAL

Sec. 8-1.  Repealed. 

 

Source: Code 1962, § 7-7-1; Ord. No. 3859, § 5, 3-16-92; Ord. No. 5041, § 1, 11-03-08

State law reference-Adoption by reference authorized, R.R.S. 1943, 18-132.

 

Sec. 8-2.  Incinerators required.

 

(a)   It shall be unlawful to conduct or allow any burning of wood, paper, cardboard, rakings, leaves, grass, weeds, litter sweepings, tires, car bodies, dead trees or any other waste materials on public or private property.

           

(b)   The provisions of subsection (a) shall not apply to fires contained in portable or permanent grills when used for food preparation or fires conducted for the purpose of fire division training, or fires totally contained in incinerators equipped with a functional afterburner.  Such incinerators shall be subject to inspection and approval by the fire and health divisions.

 

Source: Code 1962, §§ 7-3-1--7-3-3

 

Sec. 8-3.  Reserved.

 

Editor’s note-Ord. No. 3691, § 1, adopted March 19, 1990, repealed former § 8-3, relative to flammable liquid tanks, which derived from Code 1962, § 7-5-10(C).

 

Sec. 8-4.  Fire hydrants.

 

(a)   All hydrants erected in the city for the purpose of extin­guishing fire are hereby declared to be public hydrants and no person, other than members of the fire and water division, and then only for the use and purpose of that division, shall open any of the hydrants or attempt to draw water from the same, or at any time uncover or remove any protection of said hydrants or in any manner interfere with such protection or hydrant.

 

(b)   No person shall build, place or maintain any structure or maintain any plant, tree, or shrub that will interfere with the operation of, or intended use of any fire hydrant.  Plants, trees, or shrubs shall not be allowed to grow around, adjacent to, or over hydrants to the extent that they interfere with the vision of per­sonnel attempting to locate such hydrants or they interfere with the operation of, or intended use of such hydrants.

 

(c)   Any structure, plant, tree, or shrub interfering with the operation of or intended use of a fire hydrant may be trimmed or removed by the city without prior notice to the person owning, placing or maintaining the structure, plant, tree, or shrub.

 

(d)   Three-way outlet hydrants with one four and one-half-inch pumper outlet and two (2) and one-half-inch outlets shall be in­stalled where fire flows greater than five hundred (500) gallons per minute are necessary.  All threads shall be national standard.

 

Source: Code 1962, § 3-1-17; Ord. No. 3058, § 1(14), 3-1-82; Ord. No. 3808, § 1, 7-15-91

 

Sec. 8-5.  Fireworks sales; persons considered temporary merchants, occupation tax and insurance certificate.

 

Persons engaged in the seasonal sale of pyrotechnics commonly known as fireworks shall be considered temporary merchants within the city and shall be regulated as such pursuant to section 13-116 of the official city code.

 

An occupation tax is hereby levied in the amount of two hundred dollars ($200.00) per permit, per year, upon each and every person who engages in the selling of, at retail or wholesale, pyrotechnics commonly known as fireworks within the city.  In addition to said occupation tax, at the time of obtaining a fireworks permit and paying the occu­pation tax as set forth herein, every person shall provide the city with a certificate of insurance, naming the city as an addi­tional insured thereon, in the following minimum amounts:

 

General Aggregate $1,000,000
a.  Bodily Injury/Property Damage  $1,000,000 each occurrence
b.  Personal Injury Damage $1,000,000 each occurrence
c.  Contractual Liability $1,000,000 each occurrence
d.  Products Liability & Completed Operations $1,000,000 each occurrence
e.  Fire Damage $   100,000 any one fire
f.   Medical Expense $       5,000 any one person
   

Source: Ord. No. 3058, § 1(15), 3-1-82; Ord. No. 3209, § 1, 5-7-84; Ord. No. 3602, § 1, 11-21-88; Ord. No. 4604, § 1, 9-16-02

 

ARTICLE II.  FIRE DIVISION*

*Cross references--Officers and employees generally, § 2-46 et seq.; impersonating a public servant, § 14‑92; interfering with a fireman on official duties, § 14-170.

State law reference--Authority of city to provide for fire department, R.R.S. 1943, § 16-222.

 

Sec. 8-16.  Generally.

 

There is hereby created a fire division which shall consist of a fire chief and such other personnel as may be provided for by the council.  The division personnel shall be governed by the civil service commission provided for by law.

 

Source: Code 1962, § 3-2-1

 

Sec. 8-17.  Duties of fire chief.

 

The duties of the fire chief shall be to generally supervise and conduct the activities and duties of the fire division, to be the official representative of the fire division, to make or authorize inspections for fire prevention purposes, to have supervision of all members of the division, and to perform any and all other duties as is usual and customary to be performed by a fire chief.

 

Source: Code 1962, § 3-2-3

 

ARTICLE III.  RESERVE FIRE DIVISION*

*Editor’s note--Ord. No. 3101, enacted Oct. 18, 1982, did not specifically amend this Code; therefore, codification of §§ 1--6 of said ordinance as Art. III, §§ 8-19--8-24, was at the editor’s discretion.

 

Sec. 8-19.  Creation and purpose.

 

The Norfolk Reserve Fire Division is hereby created, with the goal to limit the amount of damage, whether it is to property or life, by providing an adequate, well-trained response of suppres­sion forces for major emergencies.  The primary objective is to staff the engine and the truck companies on all first alarm struc­ture assignments within five (5) to ten (10) minutes of the alarm.  The reserve fire division shall provide an immediate manpower pool in addition to the on-duty forces.

 

Source: Ord. No. 3101, § 1, 10-18-82

 

Sec. 8-20.  Membership generally; qualifications; appointment; bond.

 

(a)   The reserve fire division unit shall consist of such number of members as shall from time to time be determined by the mayor and council.

 

(b)   The mayor and city council shall prescribe the qualifications and standards by which applicants for membership in the reserve shall be governed, and persons possessing said qualifica­tions and conforming to said standards may be appointed to the reserve by the fire chief.

 

(c)   To be eligible for membership in the reserve, each applicant must indicate his willingness to attend regularly scheduled train­ing meetings, on the first and third Tuesdays of each month commencing at 7:00 p.m. and any additional day and time as needed, and not miss more than two (2) consecutive meetings, or drills, unless excused by the fire chief.  Excessive unexcused ab­sences throughout the year shall be cause for possible termination.

 

(d)   Application for membership in the reserve fire division shall be submitted in writing at the office of the fire chief.  All eligible applicants will be scheduled for the physical agility test prescribed by the fire chief with approval of the mayor and city council and upon passing the same will be contacted for an oral review before the three (3) paid captains and the fire chief, with any three (3) of the four (4) constituting a quorum.  Candidates will be rated on oral, interpersonal and decision making skills.

 

(e)   Upon acceptance to the reserve fire division, each member of the reserve fire division shall be bonded by the city before being installed in the department.

 

Source: Ord. No. 3101, § 2, 10-18-82

 

Sec. 8-21.  Officers.

 

The reserve fire division shall elect a president, vice-president, and a secretary-treasurer.  They shall be elected in the first regu­lar meeting held by the reserve company upon its formation and at the regular meeting in March of each year thereafter, by a majority of the members present, and shall hold office for one (1) year, or until their successors are elected.  It shall be the duty of the president to preside at all meetings.  It shall be the duty of the vice-president to preside at all meetings, in the absence of the president.  It shall be the duty of the secretary-treasurer to keep a list of all members, to call roll at each meeting, and to keep an accurate record of all minutes and finances of the reserve fire division.

 

Source: Ord. No. 3101, § 3, 10-18-82

 

Sec. 8-22.  Fire calls and response.

 

Reserve firefighters will be paged for all city fire alarms to structures.  They shall report to the fire station and report to the captain, or senior firefighter for assignment.  If a working fire is in progress, they shall pick up their bunkers and respond to the fire scene, or report as directed.  Attendance records will be taken at all fire alarms, and to remain qualified for the reserve fire division, all members must attend a minimum of fifteen (15) per cent annually, of all structure alarms.  The percentage will be tabulated bimonthly, so that all members are kept apprised of their standing.  To receive credit for alarms, members must re­port to the station within fifteen (15) minutes of notification and it is the member's responsibility to see that his name has been logged for credit.

 

Source: Ord. No. 3101, § 4, 10-18-82

 

Sec. 8-23.  Control.

 

Members of the reserve fire division shall be subject to the control of the fire chief, and his designees.

 

Source: Ord. No. 3101, § 5, 10-18-82

 

Sec. 8-24.  Rules and regulations.

 

The mayor and council may promulgate such rules and regula­tions and provisions, and amendments thereto, as may in their discretion be necessary to carry out the express intent of this article, to include a table of organization not in conflict herewith.  The reserve fire division unit may adopt its own rules and regu­lations to govern its operation in matters not involving fire training and periods of active duty.

 

Source: Ord. No. 3101, § 6, 10-18-82

 

ARTICLE IV.  FIRE PREVENTION CODE*

*Editor’s note--To provide for expansion of the Code, former Art. III, Fire Prevention Code, has been  redesignated as Art. IV, at the discretion of the editor; section numbering remains unaltered.

State law reference--Authority of city to provide for fire prevention, R.R.S. 1943, §§ 16-222, 16-233.

 

Sec. 8-26.  Adoption by reference.

 

A certain document, one (1) copy which is on file in the office of the city clerk of the City of Norfolk, Nebraska, being marked and designated as the "International Fire Code 2006," as published by The International Code Council, is hereby adopted as the fire prevention code of the City of Norfolk, Ne­braska, as is fully set out in this section, with the additions, in­sertions, deletions and changes, if any, prescribed in section 8-28 of this article. 

 

Source: Ord. No. 3053, § 1, 2-16-82; Ord. No. 3485, § 1, 6-15-87; Ord. No. 3791, § 1, 5-6-91; Ord. No. 4310, § 1, 11-3-97; Ord. No. 4701, § 1, 10-20-03; Ord. No. 4971, § 1, 9-17-07

 

Sec. 8-27.  Conflicts.

 

In the event of a conflict between the provisions of the publica­tion adopted by reference in this article and any other provisions of this Code, such other provisions of this code shall be controlling. 

 

Source: Ord. No. 4701, § 1, 10-20-03

 

Sec. 8-28.  Additions, insertions and changes.

 

The following sections of the fire prevention code adopted in Section 8-26 are hereby revised as follows:

 

Section 101.1 Insert:  the City of Norfolk.

 

Section 105 Insert the following after Section 105.1.1:

  

Section 105.1.1.1 Permit Fees:  A permit and payment of the specified Fire Code Permit Fee set forth in Section 2-5 of the Norfolk City Code shall be required.

 

EXCEPTION:

 

No permit shall be required for the use of L.P.G. cylinders used temporarily for a period not to exceed ninety (90) days.

 

Section 109.2.3. Amend to read as follows: 

 

Penalty for Violations:  Any person who shall violate any of the provisions of this code or fail to comply with any order issued pursuant to any section thereof, shall be guilty of an offense and upon conviction shall be punished as provided in Section 1-16 of the official City Code.

 

Section 109.3   Amend to read as follows: 

 

Violation Penalties.  Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the code official, or of a permit or certificate used under provisions of this code, shall be guilty of an offense punishable by a fine of not more than $500.  Each day that a violation continues after due notice has been served shall be deemed a separate offense.

 

Section 111.4   Amend to read as follows:

Failure to Comply:  Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of not more than $500.  

  

Section 307.2  Amend to read as follows:

 

Permit Required.  A permit shall be obtained from the Norfolk Fire Division for open burning within the City limits and within the unincorporated area where the City has been granted zoning jurisdiction and is exercising such jurisdiction as set forth in Section 1-11 of the official City Code.

 

Section 308.3.1  Delete this section in its entirety.

 

Section 510  Insert the following after Section 510.1:

 

Section 510.2 Minimum Size:  All fire department connections shall be a minimum 2 1/2 inch connection with threads compatible with local fire department.

 

Section 3204.3.1.1  Amend second paragraph of this section to read as follows: 

 

Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited within the following zoning districts:  A, R-R, S-R, R-1, R-2, R-3, R-M, R-O, O-D, C-1, C-2, C-2A, C-3, and B-P.

 

Section 3301.2.4  Financial responsibility.  Amend to read as follows:

 

Before a permit is issued, as required by Section 3301.2, the applicant shall file with the jurisdiction a public liability insurance policy in the principal sum of $1,000,000 for the purpose of the payment of all damages to persons or property which arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results.  The code official is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of use indicate a greater or lesser amount is required.  Government entities shall be exempt from this insurance requirement.

 

Section 3401 General.  Amend the following sections to read as follows:

 

Section 3404.2.9.5.2:   Refer to inserted Section 3406.8.6.

 

Section 3406.2.4.4:  Refer to inserted Section 3406.8.6.

 

Insert the following after Section 3406.8.5:

 

Section 3406.8.6 Above-Ground Storage Tanks Located Inside the City Limits. Above-ground storage of flammable and combustible liquid shall be prohibited within the City limits except as specifically provided for in this code.

 

Section 3406.8.7 Above-Ground Storage Tanks Located Outside the City Limits.  Above-ground storage tanks for the storage of combustible or flammable liquid shall be allowed outside the corporate limits of the City and within the zoning jurisdiction of the City.  All such allowable tanks shall comply with the City building and zoning codes and shall conform to NFPA 30.

 

Section 3406.8.8 Existing Above-Ground Storage Tanks.  Existing above-ground tanks or tank installations previously approved which do not constitute a hazard may be continued; however, existing tanks may not be replaced or expanded.  Existing above-ground tanks or tank installations previously approved which constitute a fire hazard shall not be continued.  The code official shall periodically inspect the existing installation for safety, and if he/she determines the installation or operation is no longer conducted or maintained in a safe manner, he/she shall have the authority to require unsafe tanks or operations to be removed from service. 

 

Section 3406.8.9 Compliance Upon Annexation.  Any above-ground storage tanks existing in any area that is annexed to the City shall, within ninety (90) days of the effective date of the annexation, be removed or placed underground as provided by Chapter 34 and NFPA 30.

 

Section 3406.8.10  Above-Ground Tanks Used for Heating Purposes.  Fuel oil tanks for supplying oil-burning heating equipment and located above ground, inside or outside the building, shall not have a tank capacity greater than 660 gallons for each building served.  Tanks located inside the building shall be installed at an approved location in accordance with NFPA 31.

 

Section  3406.8.11 Above-Ground Tanks Used to Serve Stand-by Generators.  Above-ground storage tanks supplying a stand-by generator, inside or outside the building, shall not have a tank capacity greater than 660 gallons for each building served.  Tanks located inside the building shall be installed at an approved location in accordance with NFPA 37.

 

Section  3406.8.12. Above-Ground Tanks Used to Store Waste Oil.  Above-ground tanks used for the storage of waste oil, inside or outside the building shall not have a tank capacity greater than 660 gallons for each building served.  Tanks located inside the building shall be installed at an approved location in accordance with NFPA 30.

 

Section 3801 General.  Amend and insert sections as follows:

 

Insert the following section: 

 

Section 3801.4  Above-Ground (L.P.G.) Tanks.  The installation of above-ground storage tanks containing  liquefied petroleum gases (L.P.G.) shall be prohibited within the City limits except as specifically provided in this code, the International Fire Code 2006, and NFPA 58.

 

Amend the following section to read as follows:

 

Section 3804.2:  Maximum capacity within established limits.  Refer to inserted Sections 3804.2.1 and 3804.2.2. 

 

Insert the following after Section 3804.2:

 

Section 3804.2.1 Above-Ground (L.P.G.) Tanks 125 Gallon or Less.  Above-ground L.P.G. tanks 125 gallon or less water capacity shall be permitted in all zoning districts.

 

Section 3804.2.2  Above-Ground (L.P.G.) Tanks 500 Gallon or Less.  Above-ground  L.P.G. tanks 500 gallon or less water capacity shall be permitted in A, C-1, C-3, I-1, I-2, and I-3 zoning districts.

 

Source: Ord. No. 3053, § 2, 2-16-82; Ord. No. 3485, § 2, 6-15-87; Ord. No. 3691, § 2, 3-19-90; Ord. No. 3791, § 2, 5-6-91; Ord. No. 3843, § 1, 1-6-92; Ord. No. 4310, § 2, 11-3-97; Ord. No. 4701, § 2, 10-20-03; Ord. No. 4971, § 2, 9-17-07; Ord. No. 5041, § 2, 11-03-08; Ord. No. 5135, § 6, 9-7-10

 

Sec. 8-29.  Fire sprinkler/suppression contractor registrations; fees; permits.

 

Any person or company who desires to install fire sprinkler/suppression systems within the jurisdiction of the City of Norfolk shall register with the city by making written application to the code official upon a form furnished by such official.  Such person or company shall pay the registration fee set forth in Section 2-5 of this Code to the city and shall register on an annual basis thereafter for the fee set forth in Section 2-5 of this Code with this registration to expire on December 31 of each year.  A copy of the applicant's State Water Based Fire Protection Certification letter shall be provided with the application for registration.  A permit shall be issued for installation of a fire sprinkler/suppression system upon review of plans submitted to the city code official or to the state fire marshal.  Fees for a fire sprinkler system permit or a fire suppression system permit shall be based on a rate set forth in Section 2-5 of this Code. 

 

Source: Ord. No. 4701, § 3, 10-20-03; Ord. No. 4971, § 3, 9-17-07; Ord. No. 5135, § 6, 9-7-10

 

Sec. 8-30.  Fire sprinkler/suppression contractor certificate of insurance.

 

Any person, prior to obtaining a fire sprinkler/suppression contractor's registration, shall furnish and maintain during all times that the registration is in effect, bodily injury and property damage liability insurance coverage with limits of at least one million dollars ($1,000,000.00) per occurrence.  Such contractor shall furnish the city clerk with a certificate of such insurance coverage, which shall note that the insurance coverage shall not be terminated except upon thirty (30) days' written notice to the City of Norfolk.  The policy of insurance required by this section shall be purchased at the expense of the registrant, shall be in effect throughout registration, and shall provide coverage of products, hazards and completed operations.  Cancellation of the policy shall automatically suspend the registration until a substitute policy has been obtained, and a certificate of insurance evidencing that fact filed in the office of the city clerk. 

 

Source: Ord. No. 4701, § 3, 10-20-03

 

Sec. 8-31.  Fire alarm installer contractor registration; fees; permits.

 

Any person or company who desires to install fire alarm systems within the jurisdiction of the City of Norfolk shall register with the city by making written application to the code official upon a form furnished by such official.  A person desiring the original issuance or renewal of a fire alarm installer contractor registration shall pay a registration fee as set forth in Section 2-5 of this Code to the city.  The registration cycle shall be a two-year period, and shall run concurrent with that of the state electrical registration period.  A copy of the applicant's state electrical license(s) shall be provided with the application for registration.  A plan for the installation of a new system, addition to an existing system, or the replacement of an existing system shall be submitted to the city code official or state fire marshal for review.  Upon review and approval of the fire alarm system, a permit shall be issued with the fee based on the number of initiating devices as set forth in Section 2-5 of this Code.  These devices include but are not limited to smoke detectors, heat detectors, duct smoke detectors, water flow switches, tamper switches, pull stations, and beam detectors. 

 

Source: Ord. No. 4701, § 3, 10-20-03; Ord. No. 4917, § 4, 9-17-07; Ord. No. 5135, § 6, 9-7-10

 

Sec. 8-32.  Fire alarm installer certificate of insurance.

 

Any person, prior to obtaining a fire alarm installer registration, shall furnish and maintain during all times that the registration is in effect, bodily injury and property damage liability insurance coverage with limits of at least one million dollars ($1,000,000.00) per occurrence.  Such installer shall furnish the city clerk with a certificate of such insurance coverage, which shall note that the insurance coverage shall not be terminated except upon thirty (30) days' written notice to the City of Norfolk.  The policy of insurance required by this section shall be purchased at the expense of the registrant, shall be in effect throughout the registration period, and shall provide coverage of products, hazards and completed operations.  Cancellation of the policy shall automatically suspend the registration until a substitute policy has been obtained, and a certificate of insurance evidencing that fact filed in the office of the city clerk. 

 

Source: Ord. No. 4701, § 3, 10-20-03

 

The public information contained herein is furnished as a public service by the City of Norfolk. The official record is maintained by the City Clerk's Office as required by Neb. Rev. Stat. § 16-317. A printed version of the Norfolk Municipal Code is available at the City Clerk's Office and the Norfolk Public Library.

 

The City Clerk's Office may be contacted at (402) 844-2000 or by email bdeck@ci.norfolk.ne.us 

  To contact us regarding this web site, send email to bdeck@ci.norfolk.ne.us © The City of Norfolk, Nebraska All Rights Reserved