Chapter 1503 Life Safety Code

Download or Print this Chapter

Section 1503.01 Adoption by Reference

There is hereby adopted by the City and incorporated by reference as if set out at length herein, for the purpose of prescribing regulations for the safeguarding, to a reasonable degree, of life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the use or occupancy of buildings or premises, that certain code known as the NFPA 101 promulgated by the National Fire Protection Association and all subsequent amendments and modifications made thereto by the National Fire Protection Association.  All provisions of the NFPA 101, except as modified herein shall have the same force and effect as ordinances enacted by Council.  It is the intent of the City by adoption of the NFPA 101 to assume jurisdiction in the enforcement of the NFPA 101 by the Bureau of Fire Prevention established in Chapter 1505.  NFPA 101 is hereby adopted to the extent that it is not incompatible with the Ohio Fire Code.  In the event of conflict in the provision of the Ohio Fire Code and NFPA 101, the stricter provision shall control.  NFPA 101 as adopted herein shall not be applicable to single family owner occupied dwellings.

Section 1503.02 File and Distribution Copies

A complete copy of the Life Safety Code adopted herein is on file with the Clerk of Council for inspection by the public and in the County Law Library.  In addition, the Clerk of Council has copies available for sale to the public at cost.

Section 1503.99 Penalty

Whoever violates any provision of this chapter is guilty of a misdemeanor of the first degree.  Each day's continued violation shall constitute a separate offense.

Chapter 1505 Bureau of Fire Prevention

Download or Print this Chapter

Section 1505.01 Establishment

A Bureau of Fire Prevention in the Fire Department of the City is hereby established, which shall be operated under the supervision of the Fire Chief.

Section 1505.02 Bureau Chief; Designation and Term

The Fire Chief shall designate an officer or member of the Fire Department as Chief of the Bureau of Fire Prevention, who shall hold such office at the pleasure of the Fire Chief.

Section 1505.03 Appointment of Inspectors or Investigators

The Fire Chief may detail such other members of the Fire Department as inspectors or investigators as shall from time to time be necessary.

Section 1505.04 Duties of Bureau

1. It shall be the duty of the officers of the Bureau of Fire Prevention to enforce all laws and ordinances covering the following:
   1. The prevention of fires.
   2. The storage and use of explosives and flammables.
   3. The installation and maintenance of automatic and other private fire alarm systems and fire extinguishing equipment.
   4. The maintenance and regulation of fire escapes.
   5. The maintenance and protection and the elimination of hazards in buildings and structures, including those under construction.
   6. The means and adequacy of exit in case of fire, from factories, schools, hotels, lodging houses, asylums, hospitals, churches, halls, theaters and all other places in which numbers of persons work, live or congregate, from time to time, for any purpose.
   7. The investigation of the cause, origin and circumstances of fires.
2. The Bureau shall have such other powers and perform such other duties as are set forth in other ordinances, and as may be conferred and imposed from time to time by law.

Section 1505.05 Assistance of Director of Law and the Police Department

The Director of Law and the Police Department, upon request of the Bureau of Fire Prevention, shall assist the inspectors in the investigation of any fire which, in their opinion is of suspicious origin.

Section 1505.06 Annual Report

The Director of Law and the Police Department, upon request of the Bureau of Fire Prevention, shall assist the inspectors in the investigation of any fire which, in their opinion is of suspicious origin.

Chapter 1507 Open Burning

Download or Print this Chapter

Section 1507.01 Definitions

1. “Open burning” means the burning of any materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber.  For the purpose of this definition, a chamber shall be regarded as enclosed, when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.
2. “Recreational fire” means an outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, barbeque grill or barbeque pit and has a total fuel area of 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes.
3. “Code Official” means the City of North Canton Fire Safety Inspector, Fire Chief, Fire Inspector, police officer, (Code Official) certified by the State of Ohio.

Section 1507.02 Allowable Burning

Open burning shall be allowed upon issuance of a permit by the City Fire Safety Inspector for recreational fire or any open burning.

1. Application.  Applications for open burning shall be requested by contacting the North Canton Fire Department, Monday through Friday, during normal business hours (7:30 a.m. - 4:30 p.m.).
2. Authorization.  Open burning shall be permitted with prior notification to the Code Officials and upon receipt of written permission from the jurisdictional Environmental Protection Agency (EPA) authority, provided that any conditions specified in the permission are followed for:
   1. Disposal of hazardous or toxic material where the EPA determines that there is not a practical alternative of disposal.
   2. Instruction in methods of fire fighting or for research in control of fires, in emergency or other extraordinary circumstances for any purpose determined to be necessary by the EPA.
   3. Disposal of landscape waste except residential and agricultural wastes.
   4. Recognized agricultural or horticultural management purposes to maintain or increase the quantity or quality of agricultural or horticultural production.
3. Where the jurisdictional EPA written permission is not applicable, the Code Official shall give written permission provided that approved fire safety requirements and emission standards will be met.

Section 1507.03 Prohibitions

1. Open Burning Prohibited.  The Code Official shall prohibit open burning that will be offensive or objectionable due to smoke or odor emissions when atmospheric conditions or local circumstances make such fire hazardous.  The Code Official shall order the extinguishment by the permit holder or the Fire Department, of any open burning which creates or adds to a hazardous or objectionable situation.
2. Location.  The location for any open burning shall not be less than fifty feet from any structure and provisions shall be made to prevent the fire from spreading to within fifty feet of any structure.  Fires in approved containers shall be permitted, provided that such fires are not less than fifteen feet from any structure.
3. Prohibited Materials.  Open burning shall not be utilized for waste disposal purposes, shall be of the minimum size for the intended purpose and the fuel shall be chosen to minimize the generation and emission of air contaminants.
4. Attendance.  Any open burning shall be constantly attended by a person eighteen years of age or older until the fire is extinguished.  At least one portable fire extinguisher with a minimum 2-A rating each or other approved on-site fire extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.
5. Size and Duration.  An open burning fire shall not be more than four feet by four feet by four feet in dimension and shall not burn longer than six hours.  The maximum size and duration of a fire shall not be increased by the Code Official unless it is determined that fire safety requirements of the situation and the desirable duration of burn warrant an increase.
6. Fuel Material.  Fuel for any open burning fire shall consist of firewood and shall be ignited with a small quantity of paper.  The fire shall not contain waste material and the fuel shall be chosen to minimize the generation of contaminants.

Section 1507.04 Permit

1. All permits shall be requested by and issued to the owner of the land upon which the fire is to be kindled.  There will be annual open burning permit fee of ten dollars ($10.00).  All open burning permits will be issued by the Superintendent of Permits and Inspection after inspection and authorization by the North Canton Fire Department. The open burning permit shall be issued for the calendar year; i.e., January 1 through December 31, and will expire at the end of the calendar year.
2. Failure to comply with all the requirements could result in the permit being rescinded.

Section 1507.99 Penalty

Whoever violates any provision of this chapter is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00).

Chapter 1508 Key Lock Box Systems

Download or Print this Chapter

Section 1508.01 Key Lock Box System Required

1. The following structures shall be equipped with a key lock box at or near the main entrance or such other location required by the Fire Chief:
   1. Commercial or industrial structures protected by an automatic fire alarm system or automatic suppression system, or such structures that are secured in a manner that restricts access during an emergency;
   2. Multi-family residential structures that have restricted access through locked doors and have a common corridor for access to living units;
   3. Governmental structures and nursing care facilities.
2. All newly constructed structures subject to this section shall have the key lock box installed and operational prior to the issuance of an occupancy permit.  All structures in existence on the effective date of this section and subject to this section shall have one year from the effective date of this section to have a key lock box installed and operational.

3. The Fire Chief shall designate the type of key lock box system to be implemented within the City and shall have authority to require all structures to use the designated system.

4. The owner or operator of a structure required to have a key lock box shall, upon installation of the key lock box, provide the Fire Department with the correct keys for entry into the building and necessary access therein, for placement in the key lock box.

5. The Fire Chief shall be authorized to implement rules and regulations for the use of the key lock box system.

6. Any person who owns or operates a structure subject to this section shall be subject to the penalties set for in Section 1508.99.

Section 1508.99 Penalty

Violations of this Chapter shall be enforced according to the provisions of the Ohio Fire Code as described in Ohio’s Administrative and Revised Codes.

Chapter 1509 Fireworks

Download or Print this Chapter

Section 1509.01 Definitions

As used in this chapter:

1. "Booby trap" means a small tube that has a string protruding from both ends, that has a friction-sensitive composition and that is ignited by pulling the ends of the string.
2. "Cigarette load" means a small wooden peg that is coated with a small quantity of explosive composition and that is ignited in a cigarette.
3. "Fireworks" means any composition or device prepared for the purpose of producing a visible or an audible effect by combustion, deflagration or detonation, except ordinary matches and except as provided in Section 1509.03.
4. "Licensed exhibitor of fireworks" or "licensed exhibitor" means a person licensed pursuant to Ohio R.C. 3743.50 to 3743.55.
5. "Novelties and trick noisemakers" include the following items:
   1. Devices that produce a small report intended to surprise the user, including, but not limited to, booby traps, cigarette loads, party poppers and snappers;
   2. Snakes or glow worms;
   3. Smoke devices;
   4. Trick matches.
6. "Party popper" means a small plastic or paper item that contains not more than sixteen milligrams of friction-sensitive explosive composition, that is ignited by pulling string protruding from the item, and from which paper streamers are expelled when the item is ignited.
7. "Railroad" means any railway or railroad that carries freight or passengers for hire, but does not include auxiliary tracks, spurs and sidings installed and primarily used in serving a mine, quarry or plant.
8. "Smoke device" means a tube or sphere that contains pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.
9. "Snake or glow worm" means a device that consists of a pressed pellet of pyrotechnic composition that produces a large, snake-like ash upon burning, which ash expands in length as the pellet burns.
10. "Snapper" means a small, paper-wrapped item that contains a minute quantity of explosive composition coated on small bits of sand, and that, when dropped, implodes.
11. "Trick match" means a kitchen or book match that is coated with a small quantity of explosive composition and that, upon ignition, produces a small report or a shower of sparks.

Section 1509.02 Public Exhibition Permit Required; Fee; Bond; Records

1. A licensed exhibitor of fireworks who wishes to conduct a public fireworks exhibition within the Municipality shall apply for approval to conduct the exhibition to the Fire Chief and from the Police Chief or other similar chief law enforcement officer, or the designee of the Police Chief or similar chief law enforcement officer.
   • The required approval shall be evidenced by the Fire Chief or Fire Prevention Officer and by the Police Chief or other similar chief law enforcement officer, or the designee of the Police Chief or similar chief law enforcement officer, signing a permit for the exhibition, the form for which shall be prescribed by the State Fire Marshal.  Any exhibitor of fireworks who wishes to conduct a public fireworks exhibition may obtain a copy of the form from the Fire Marshal or, if it is available, from the Fire Chief, Fire Prevention Officer, Police Chief or other similar chief law enforcement officer, or the designee of the Police Chief or similar chief law enforcement officer.
2. Before a permit is signed and issued to a licensed exhibitor of fireworks, the Fire Chief or Fire Prevention Officer in consultation with the Police Chief or other similar chief law enforcement officer, or a designee of such Police Chief or similar chief law enforcement officer, shall inspect the premises on which the exhibition will take place and shall determine that, in fact, the applicant for the permit is a licensed exhibitor of fireworks.  Each applicant shall show the applicant’s license as an exhibitor of fireworks to the Fire Chief or Fire Prevention Officer.
   • The Fire Chief or Fire Prevention Officer and the Police Chief or other similar chief law enforcement officer, or a designee of such Police Chief or similar chief law enforcement officer, shall give approval to conduct a public fireworks exhibition only if satisfied, based on the inspection, that the premises on which the exhibition will be conducted allow the exhibitor to comply with the rules adopted by the Fire Marshal pursuant to Ohio R.C. 3743.53(B) and (E) and that the applicant is, in fact, a licensed exhibitor of fireworks.  The Fire Chief or Fire Prevention Officer in consultation with the Police Chief or other similar chief law enforcement officer, or a designee of such Police Chief or similar chief law enforcement officer, may inspect the premises immediately prior to the exhibition to determine if the exhibitor has complied with the rules, and may revoke the permit for noncompliance with the rules.
3. The Fire Chief or Fire Prevention Officer and the Police Chief or other similar chief law enforcement officer, or a designee of such Police Chief or similar chief law enforcement officer, shall not issue a permit until the applicant pays a permit fee of twenty-five dollars ($25.00) plus any necessary costs of investigation of the applicant and of inspecting the premises on which the exhibition will be conducted.
   • Each exhibitor shall provide an indemnity bond in the amount of at least one million dollars ($1,000,000), with surety satisfactory to the Fire Chief or Fire Prevention Officer and to Police Chief or other similar chief law enforcement officer, or a designee of such Police Chief or similar chief law enforcement officer, conditioned for the payment of all final judgments that may be rendered against the exhibitor on account of injury, death or loss to persons or property emanating from the fireworks exhibition, or proof of insurance coverage of at least one million dollars ($1,000,000) for liability arising from injury, death or loss to persons or property emanating from the fireworks exhibition.  The Legislative Authority may require the exhibitor to provide an indemnity bond or proof of insurance coverage in amounts greater than those required by this subsection.  The Fire Chief or Fire Prevention Officer and Police Chief or other similar chief law enforcement officer, or a designee of such Police Chief or similar chief law enforcement officer, shall not issue a permit until the exhibitor provides the bond or proof of the insurance coverage required by this subsection.
4. Each permit for a fireworks exhibition issued by the Fire Chief or Fire Prevention Officer and by the Police Chief or other similar chief law enforcement officer, or a designee of such Police Chief or similar chief law enforcement officer, shall contain a distinct number, designate the Municipality, and identify the certified Fire Safety Inspector, Fire Chief or Fire Prevention Officer who will be present before, during, and after the exhibition, where appropriate.  A copy of each permit issued shall be forwarded by the Fire Chief or Fire Prevention Officer and by the Police Chief or other similar chief law enforcement officer, or a designee of such Police Chief or similar chief law enforcement officer, issuing it to the Fire Marshal, who shall keep a record of the permits received.  A permit is not transferable or assignable.
   1. The Fire Chief, Fire Prevention Officer and Police Chief or other similar chief law enforcement officer, or a designee of such Police Chief or similar chief law enforcement officer, shall keep a record of issued permits for fireworks exhibitions.  In this list, the Fire Chief, Fire Prevention Officer, Police Chief or other similar chief law enforcement officer, or a designee of such Police Chief or similar chief law enforcement officer, shall list the name of the exhibitor, the exhibitor’s license number, the premises on which the exhibition will be conducted, the date and time of the exhibition and the number of the permit issued to the exhibitor for the exhibition.
5. A certified Fire Safety Inspector, Fire Chief, or Fire Prevention Officer shall be present before, during, and after the exhibition, and shall inspect the premises where the exhibition is to take place and determine whether the exhibition is in compliance with this chapter and Ohio R.C. Chapter 3743.

Section 1509.03 Application

This chapter does not prohibit or apply to the following:

1. The manufacture, sale, possession, transportation, storage or use in emergency situations, of pyrotechnic signaling devices and distress signals for marine, aviation or highway use;
2. The manufacture, sale, possession, transportation, storage or use of fuses, torpedoes or other signals necessary for the safe operation of railroads;
3. The manufacture, sale, possession, transportation, storage or use of blank cartridges in connection with theaters or shows, or in connection with athletics as signals or for ceremonial purposes;
4. The manufacture for, the transportation, storage, possession or use by, or sale to the Armed Forces of the United States and the militia of this State of pyrotechnic devices;
5. The manufacture, sale, possession, transportation, storage or use of toy pistols, toy canes, toy guns or other devices in which paper or plastic caps containing twenty-five hundredths grains or less of explosive material are used, provided that they are constructed so that a hand cannot come into contact with a cap when it is in place for explosion, or apply to the manufacture, sale, possession, transportation, storage or use of those caps;
6. The manufacture, sale, possession, transportation, storage or use of novelties and trick noisemakers, auto burglar alarms or model rockets and model rocket motors designed, sold and used for the purpose of propelling recoverable aero models;
7. The manufacture, sale, possession, transportation, storage or use of wire sparklers.
8. The conduct of radio-controlled special effect exhibitions that use an explosive black powder charge of not more than one-quarter pound per charge, and that are not connected in any manner to propellant charges, provided that the exhibition complies with all of following:
   1. No explosive aerial display is conducted in the exhibition;
   2. The exhibition is separated from spectators by not less than two hundred feet;
   3. The person conducting the exhibition complies with regulations of the Bureau of Alcohol, Tobacco and Firearms of the United States Department of the Treasury and the United States Department of Transportation with respect to the storage and transport of the explosive black powder used in the exhibition.

Section 1509.99 Penalty

Whoever violates any provision of this chapter is guilty of a misdemeanor of the first degree for a first offense and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months or both.