Athens City Code

The corporate fire limits shall be as follows:

1. (1) Fire District No. 1 shall be and include all the areas within the corporate limits which are zoned for general business.
2. (2) Fire District No. 2 shall be and include all areas within the corporate limits not zoned for general business.
3. (3) Elsewhere in this Code or the codes adopted by reference, when the fire limits are referred to, it shall be deemed to be a reference to Fire District No. 1.

(Code 1972, § 7-101; Code 1995, § 7-101)

Pursuant to the authority granted by T.C.A. §§ 6-54-501 through 6-54-506, and for the purpose of regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the city, the International Fire Code, 2021 edition (see Ordinance 1142 for full list of exceptions), as recommended by the International Code Council, is adopted by reference and included as a part of this Code. Pursuant to the requirement of T.C.A. § 6-54-502, one copy of the fire code has been placed on file in the city manager's office and shall be kept there for the use and inspection of the public. Said fire code is adopted and incorporated as fully as if set out at length herein and shall be controlling with the corporate limits.

(Code 1972, § 7-201; Code 1995, § 7-201; Ord. No. 854, 4-20-1999; Ord. No. 869, § 1, 5-16-2000; Ord. No. 991, 8-17-2010; Ord. No. 1058, § 1, 1-17-2017; Ord. No. 1105, § 1, 12-21-2021)

The fire code adopted by reference in ACC 7-21 shall be enforced by the fire chief. The chief shall have the same powers as the state fire marshal.

(Code 1972, § 7-202; Code 1995, § 7-202; Ord. No. 991, 8-17-2010)

Whenever the term "municipality" is used in the fire code herein adopted, it shall be held to mean the city.

(Code 1972, § 7-203; Code 1995, § 7-203; Ord. No. 991, 8-17-2010)

1. (1) The fire chief may recommend to the city council variances from the provisions of the fire code upon application in writing by any property owner or lessee, or the duly authorized agent of either, when there are practical difficulties in the way of carrying out the strict letter of the fire code, provided that the spirit of the fire code shall be observed, public safety secured, and substantial justice done. The particulars of such variances when granted or allowed shall be contained in a resolution of the city council.
2. (2) The fire code adopted in ACC 7-21 is modified by requiring automatic sprinkler systems in future commercial, industrial, and residential occupancies having a gross floor area of 10,000 square feet or greater and requiring an automatic sprinkler system in hazards production material (HPM) facilities as defined by the adopted building code. All automatic sprinkler systems shall be designed by a licensed engineer or architect and shall conform to NFPA 13 requirements and to the building code sprinkler requirements. The sprinkler requirements shall be made a part of the plans and specifications submitted for approval and shall be installed by a state licensed automatic sprinkler system contractor. The city will not require sprinklers in one- and two-family residences with less than 10,000 gross square feet. Sprinklers will be required in three-unit townhouses with 5,000 gross square feet or more and townhouses built with four or more units regardless of square footage.

(Code 1972, § 7-205; Code 1995, § 7-204; Ord. No. 824, § 1, 12-17-1996; Ord. No. 991, 8-17-2010)

No person shall operate or park any gasoline tank truck within the central business district or within any residential area at any time except for the purpose of and while actually engaged in the expeditious delivery of gasoline.

It is a civil offense for any person to violate any of the provisions of this chapter or the fire code adopted, or fail to comply therewith, or violate or fail to comply with any order made thereunder, or build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or fail to comply with such an order as affirmed or modified by the fire chief or city manager or by a court of competent jurisdiction, within the time fixed herein. The application of a civil penalty under ACC 1-13 shall not be held to prevent the enforced removal of prohibited conditions.

(Code 1972, § 7-207; Code 1995, § 7-206; Ord. No. 991, 8-17-2010)

The city has established a fire department to be supported and equipped from appropriations by the city council. All apparatus, equipment, and supplies shall be purchased by or through the city and shall be and remain the property of the city. The fire department shall be composed of a chief and such number of physically fit subordinate officers and firefighters as the city manager shall appoint.

(Code 1972, § 7-301; Code 1995, § 7-301)

The fire department shall have as its objectives:

1. (1) To prevent uncontrolled fires from starting.
2. (2) To prevent the loss of life and property in case a fire does start.
3. (3) To confine fires to the place of origin.
4. (4) To extinguish uncontrolled fires.
5. (5) To prevent loss of life from asphyxiation or drowning.
6. (6) To perform such rescue work as its equipment and/or the training of its personnel makes practicable.

(Code 1972, § 7-302; Code 1995, § 7-302)

The fire chief shall set up the organization of the department, make definite assignments to individuals, and shall formulate and enforce such rules and regulations as shall be necessary for the orderly and efficient operation of the fire department.

(Code 1972, § 7-303; Code 1995, § 7-303)

The fire chief shall keep adequate records of all fires, inspections, apparatus, equipment, personnel, and work of the department. He shall submit a written report on those matters to the city manager once each month and, at the end of the year, a detailed annual report shall be made.

(Code 1972, § 7-304; Code 1995, § 7-304)

The chief shall hold office so long as his conduct and efficiency are satisfactory to the city manager. The city manager or the chief shall have the authority to suspend or discharge any other member of the fire department when he deems such action to be necessary for the good of the department. All personnel of the fire department shall receive such compensation for their services as the city council may from time to time prescribe.

(Code 1972, § 7-305; Code 1995, § 7-305)

The fire chief shall be fully responsible for the training of firefighters.

(Code 1972, § 7-306; Code 1995, § 7-306)

Pursuant to requirements of T.C.A. § 68-102-108, the fire chief is designated as an assistant to the state commissioner of insurance and is subject to all the duties and obligations imposed by T.C.A. title 68, ch. 102 and shall be subject to the directions of the fire prevention commissioner in the execution of the provisions thereof.

(Code 1972, § 7-308; Code 1995, § 7-307)

During the progress of any fire, the fire department may remove or destroy any property necessary to prevent the further spread of the fire.

(Code 1972, § 7-309; Code 1995, § 7-308)

Firefighters shall have the same powers and authority as police officers of the city while going to, attending, and returning from fires and for the purpose of enforcing fire prevention regulations and protecting firefighting apparatus, equipment and facilities.

(Code 1972, § 7-310; Code 1995, § 7-309)

No equipment of the fire department shall be used for fighting any fire outside the corporate limits except pursuant to a mutual aid agreement entered into with another municipal corporation.

(Code 1972, § 7-307; Code 1995, § 7-401)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Fireworks means and includes any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and shall include blank cartridges in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, dago bombs, sparklers, or other devices of like construction and any devices containing any explosive or flammable compound, or any tablets or other device containing any explosive substance, except that the term "fireworks" shall not include auto flares, paper caps containing not in excess of an average of 0.25 of a grain of explosive content per cap, and toy pistols, toy canes, toy guns or other devices for use of such caps, the sale and use of which shall be permitted at all times.

(1972 Code, § 7-401; Code 1995, § 7-501)

1. (1) The manufacture of fireworks is prohibited within the city.
2. (2) Except as hereinafter provided, it is unlawful for any person to store, to offer for sale, expose for sale, sell at retail, or use or explode any fireworks, provided that the fire chief shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by the city, fair associations, amusement parks, and other organizations. Every such display shall be handled by a competent operator approved by the chiefs of the police and fire departments of the city and shall be of such a character and so located, discharged or fired as, in the opinion of the fire chief, after proper inspection, shall not be hazardous to property or persons.
3. (3) Application for permits shall be made in writing at least 15 days in advance of the date of the display. After such privilege shall have been granted, the sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.

(Code 1972, § 7-402; Code 1995, § 7-502)

Any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining.

(1972 Code, § 7-404; Code 1995, § 7-504)

Nothing in this chapter shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations.

(1972 Code, § 7-405; Code 1995, § 7-505)

The fire chief or any police officers having knowledge thereof shall seize, take, remove, or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored, or held in violation of this chapter.

(1972 Code, § 7-406; Code 1995, § 7-506)