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City Attorney

Roger Baker
Tooele City Attorney

90 North Main Street
Tooele, UT 84074

Phone: 435.843.2120
Fax: 435.843.2129

 

Title 3. Chapter 1. Fire Department

3-1-1. Composition of department.

The Fire Department, a part of the Department of Public Safety, shall consist of the Chief of the Department, one or more assistant chiefs, one or more chauffeurs or engineers and not to exceed fifty (50) men as call men who shall or may volunteer for such services, and be accepted by a majority vote of the membership.

(Ord. 67-3, 08-14-67)

3-1-2. Compensation of members.

The salary of the Chief of the Fire Department shall be fixed by ordinance, and the salary of the members of the Fire Department shall be fixed by the Assistant to the Mayor, with the approval of the Mayor, within any adopted salary schedule.  (See Charter, Sec. 2-10)

(Ord. 67-3, 08-14-67)

3-1-3. Appointment and removal.

The Chief of the Fire Department may recommend the appointment or removal of any officer or member of the Department to the Mayor.  However, in case of emergency the Fire Chief may appoint or discharge members of the Department for the duration of the emergency.

(Ord. 67-3, 08-14-67)

3-1-4. Duties and powers of the fire chief.

The duty of extinguishing fires and of protecting life and property is entrusted to the Chief of the Fire Department. He may divide the City into Fire districts and make such rules and regulations, subject to the approval of the Director of Public Safety for the government of all officers and members of the Department, as he may deem expedient. He may make suitable regulations under which the officers and members of the Department shall be required to wear an appropriate uniform or badge, by which, in case of fire and at other times, the authority and position in the Fire Department may be known. The Chief shall have the sole and entire command over all officers and members of the Department at fires. He shall have full charge at all times of all apparatus and appurtenances belonging to  the Department, and he shall adopt such measures as he shall deem expedient for the extinguishment of fires, protection of property, or preservation of order and observance of the laws of the State, and for the enforcement of the duties required of him by law and the provisions of this Code. It shall be the duty of the Chief of the Department to inspect engines, hose and hook ladder equipment of the Fire Department.

(Ord. 67-3, 08-14-67)

3-1-5. Special duties of the fire chief.

It shall be especially the duty of the Chief of  the Fire Department to see that at all times the provisions of this Code relating to the protection and regulations of property are strictly enforced, and also all provisions for the prevention of and the protection against fires.

(Ord. 67-3, 08-14-67)

3-1-6. Authority.

When a fire is in progress, the Chief of the Department, or in his absence, the Officer in charge, in case of urgent public necessity, may order any telegraph, telephone, electric light wires or poles, in close proximity thereto, to be torn down or otherwise disposed of for the purpose of checking the conflagration, but neither the Chief of the Department or any Officer or member of the Fire D epartment shall unnecessarily or recklessly destroy or injure any building or other property.

Ord. 67-3, 08-14-67)

3-1-7. Street blockade.

Whenever a fire shall occur it shall be lawful for the Chief or the Officer in command to blockade any street, avenue, alley, sidewalk or other place if in his judgment it is necessary to  secure the efficient working of the men, hose, engines, or hook and ladder apparatus under his command, and to protect the hose of  said  Department from injury. It shall be unlawful for any person to break through said blockade.

(Ord. 67-3, 08-14-67)

3-1-8. Limits at fire.

The Chief of Police in conjunction with the Fire Officer in charge may prescribe the limits in the vicinity of the fire within which no person, except members of the department, and police, or those admitted by order of the Officer in charge shall be permitted to come.

(Ord. 67-3, 08-14-67)

3-1-9. Disobedience of by-standers.

The Chief or any Officer in charge of the Department may require the aid of every citizen, inhabitant or stander-by in drawing any engine, cart  or other fire apparatus to the fire and upon the refusal or neglect of any such person to immediately comply with such requirement, the offender shall be deemed guilty of a misdemeanor. All officers authorized to command the aid or assistance of a citizen, inhabitant or by-stander are authorized likewise to arrest such citizen, inhabitant or by-stander for refusal to  obey any reasonable directions for the extinguishing of fire or the protection of property.

(Ord. 67-3, 08-14-67)

3-1-10. Conduct of members at fires.

Prompt, quiet obedience must be given all  orders from Officers, and no disputing shall be allowed while on duty. In going to, while at, or returning from fires, all unnecessary noise shall be avoided, and a civil demeanor shall always be preserved to citizens, but no orders shall be taken from them.

(Ord. 67-3, 08-14-67)

3-1-11. Unlawful interference.

Any person who shall wilfully hinder any Officer or Fireman in the charge of his duty at a fire, or in any manner injure, deface or destroy any engine, hose or other fire apparatus belonging to the City or who shall interfere with any Fire Company or person, or who shall wilfully break or injure a water pipe, or in any way interfere with the water or its source of supply shall be deemed guilty of a misdemeanor.

(Ord. 67-3, 08-14-67)

3-1-12. Use of water.

The Chief  of  the  Fire  Department  or  any  other Officer in charge, shall have the right to use water from any source for the purpose of extinguishing fires or for saving property in danger of being destroyed thereby.

(Ord. 67-3, 08-14-67)

3-1-13. Rules for theaters, places of public assemblage.

It shall be the duty of the Fire Chief, subject to the approval of the Director of Public Safety, to make such rules and regulations as may be necessary for the prevention of fire in theaters, schools, churches and other places of assemblage or public amusement. Such rules and regulations shall be printed and posted  in conspicuous places as designated by the Fire Chief, and it shall be unlawful for any person to remove, obstruct or deface the same. It shall be the duty and responsibility of the owner, manager, agent or person having  control  of such building to cause and bring about complance with all such rules and regulations.

(Ord. 67-3, 08-14-67)

3-1-14. Combustibles.

It shall be unlawful for any person to permit the accumulation of empty boxes, waste, o r other inflammable substance on any premises or carry on any business in or about any premises in such a manner as to endanger such premises or building or other buildings to fire or explosion.

(Ord. 67-3, 08-14-67)

3-1-15. Right to enter.

The Fire Chief or his Deputies shall have the right to enter upon any premises at all reasonable hours for the purpose of inspecting the same.

(Ord. 67-3, 08-14-67)

3-1-16. Dangerous and defective structures.

Whenever in the judgment of the Fire Chief, any building or structure, or any portion thereof, or any appurtenances or fixtures thereto, or any chimney, smokestack, stove, oven, furnace or wiring or thing connected with such building or premises is deemed defective or unsafe, and such defect or unsafe condition is such as to create a danger from fire; or whenever  the owner or occupant of said building or  structure or part thereof keeps material, waste or  rubbish  of  any description in such a manner that the same creates a danger from fire; the Fire Chief or his deputies shall give the owner, or person having control of such building or structure not exceeding five (5) days notice of required changes, alterations, or repairs necessary to render the same safe to life and property from fire, and any person refusing or neglecting to comply with such notice shall be deemed guilty of a misdemeanor.

(Ord. 67-3, 08-14-67)

3-1-17. Unoccupied buildings.

Whenever any unoccupied building is not properly secured or enclosed, the Fire Chief, or his deputies shall immediately visit the premises and notify the owners or persons having control of the same forthwith to secure or enclose the same and the person so notified as aforesaid, shall, within forty-eight (48) hours comply therewith.

(Ord. 67-3, 08-14-67)

3-1-18. Investigation.

The Chief (or in his absence, his assistants in charge of the fire), shall, after its extinguishment, make a prompt and thorough investigation of the cause of  the  fire, the time of breaking out, the amount of loss and insurance, a description of the affected buildings and premises,  and shall secure all other useful information and data available, and record the same in a book kept for that purpose in the office of the Department and shall report the same to the Public Safety Director at such times as he may direct.

(Ord. 67-3, 08-14-67)

3-1-19. Repealed.

(Ord. 87-22, 01-02-88)

3-1-20. Repealed.

(Ord. 87-22, 01-02-88)

3-1-21. Repealed.

(Ord. 87-22, 01-02-88)

3-1-22. Repealed.

(Ord. 87-22, 01-02-88)

3-1-23. Repealed.

(Ord. 87-22, 01-02-88)

3-1-24. Apparatus.

All City engines, hose and other fire equipment shall be kept at such place or places as the Public Safety Director shall provide and designate, and shall be kept in proper condition for immediate use. (Ord. 67-3, 08-14- 67)

3-1-25. Damage to be reported.

If, by accident or otherwise, the property of any person is damaged by the Fire Company, it shall be the duty of the Officer having charge of such Company causing the damage to report the same immediately to the Chief. (Ord. 67-3, 08-14-67)

3-1-26. Interference with fire apparatus.

Any person who may use or in any way interfere with any fire apparatus, without the consent of the Chief, shall be guilty of a misdemeanor. (Ord. 67-3, 08-14-67)

3-1-27. Fire outside city limits.

The Council may enter into cooperative agreements with the governing bodies of Cities, Towns and Counties of the State of Utah and in close proximity to the City to extinguish fires in any such areas outside the City limits of the City and may authorize the Fire Department under regulations established for that purpose to extinguish fires in such areas; and the City shall not be liable for any damage to persons or property resulting from fire fighting equipment being outside the City limits pursuant to such agreements. (Ord. 67-3, 08-14-67)

3-1-28. Repealed.

(Ord. 87-22, 01-02-88)

3-1-29. Burning of solid waste; recreational fires.

(1) General Rule. No person shall, for the purpose of final disposal thereof, burn on any lot, street, alley, gutter or on any land, public or private, any solid waste.

(2) Exception. Recreational or cooking fires are allowed by persons on their own property so long as:

(a) the recrational or cooking intention for the fire is evident;

(b) the fire pile height does not exceed 12 inches above the bottom of the fire ring, fire pit, or other fire containing structure at any time;

(c) the fire is contained within a non-combustible fire ring, fire pit, or other fire containing structure no larger than 36 inches in diameter;

(d) fire extinguishing items are immediately on-hand (e.g., hose, shovel, water bucket, fire extinguisher); and,

(e) the fire does not become a smoke or fume nuisance to neighboring properties.

(Ord. 2012-08, 03-21-2012) (Ord. 1993-18, 10-01-1993)

 

Click Here for a .pdf copy of Title3 Chapter1

Please Note:  Every attempt has been made to keep this online Tooele City Code up-to-date; however, there may be discrepancies between this online code and that which is actually adopted.  If you have questions about the Tooele City Code or for the most recent update, please call (435) 843-2120 or email attorney@tooelecity.org.

 

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