There shall be a fire department, the head of which is the chief of the fire department, or fire chief, appointed by the city manager for an indefinite term, and removable by the manager. The chief of the fire department is an officer of the city, and has supervision and control of the fire department.

(Code 1977, § 2.16.010)

(a)

The fire department consists of volunteer and salaried firepersons, the number of which shall be determined by the city manager upon the approval of the fire chief.

(b)

For the purpose of this chapter, a volunteer firefighter is considered as one who is enrolled as a member of the fire department and who serves in that capacity without receiving a regular salary.

(Code 1977, § 2.16.020; Ord. No. 658, § 1, 12-17-1996)

(a)

The fire chief shall be at the head of the fire department, subject to the laws of the state, the ordinances of the city and the rules and regulations in this article.

(b)

The chief shall be held responsible for the general condition and efficient operation of the department, the training of members, and the performance of all other duties imposed upon him.

(c)

The chief shall see that each fire is carefully investigated to determine its cause, and in the case of suspicion of incendiarism shall notify the proper authorities and secure and preserve all possible evidence for future use in the case.

(Code 1977, § 2.16.030)

In the absence of the fire chief, the assistant chief on duty shall command the fire department and be held responsible therefor in all respects with the full powers and responsibilities of the chief.

(Code 1977, § 2.16.040)

The company officers of the fire department shall be selected upon their ability to meet the following requirements:

(1)

Their knowledge of firefighting.

(2)

Their ability to lead men.

(3)

Their knowledge of firefighting equipment.

(Code 1977, § 2.16.050)

(a)

All new members of the fire department shall be on probation for one year after their appointment.

(b)

New volunteer members, upon completion of their probation period, must be approved by the majority of the fire department.

(Code 1977, § 2.16.070)

It is the duty of the fire department, among others, to extinguish fires; to rescue persons endangered by fire; to resuscitate, and to administer first aid to, persons injured in or about burning structures, or elsewhere in case of an emergency; to promote fire prevention; and, unless otherwise provided, to enforce all ordinances relating to fires, fire prevention, and safety of persons from fire and explosions in theaters, stores and other public buildings.

(Code 1977, § 2.16.090)

(a)

The council, by motion or resolution, may adopt rules and regulations governing the fire department. Before the council adopts, amends or repeals any such rules and regulations, the city manager and the fire chief shall have a right to be heard.

(b)

Members are required to be present at all regular meetings, call meetings and schools presented for the benefit of the firefighters.

(c)

There shall be at least one regular business meeting each month.

(d)

Any volunteer firefighter having two unexcused absences in succession or three unexcused absences in a period of three months will be dropped from the fire department rolls.

(e)

Volunteer firefighters leaving the city for an extended period of time will be required to notify the chief.

(f)

Any volunteer firefighter refusing to attend training classes provided for him will be dropped.

(g)

Any volunteer member of the fire department shall be dropped from the rolls for the following offenses:

(1)

Conduct unbecoming a firefighter.

(2)

Any act of insubordination.

(3)

Neglect of duty.

(4)

Any violation of rules and regulations governing the fire department.

(5)

Conviction of a felony.

(Code 1977, § 2.16.100)

(a)

There is established under the supervision and direction of the fire department a division of civil defense, which shall be administered by the fire chief.

(b)

The fire chief shall be the administrative head of the civil defense division, and shall be responsible for carrying out the civil defense program of the city through the general direction of the city manager. The fire chief shall have all necessary power and authority to form committees or other bodies and to appoint and designate a chairperson of such bodies as may be necessary to perfect such organization. The fire chief shall have further duty and responsibility to cooperate with all civil defense agencies of other governmental units, including the state and federal government.

(c)

The fire chief is further authorized to formulate written plans and gather information and keep written record thereof, to govern the functions of the civil defense organization.

(Code 1977, §§ 2.16.110—2.16.130)

Cross reference— Emergencies, § 2-1.

State Law reference— Oklahoma Civil Defense and Emergency Management Act, 63 O.S. § 683.1 et seq.; local civil defense organizations, 63 O.S. § 683.11.

The firefighters relief and pension fund shall be operated in accordance with state law relating to the fund, and pensions and other benefits shall be paid as provided by state law.

(Code 1977, § 2.56.020)

State Law reference— Firefighters pension and retirement system, 11 O.S. § 49-100.1 et seq.

(a)

There is established under the supervision and direction of the fire department a fire marshal's division, which shall be administered by the fire chief.

(b)

The fire chief or his designee may be designated as the chief fire marshal.

(c)

The fire marshal's division shall be responsible for investigating the cause, origin and circumstances of any fire or explosion involving a loss of life, injury to persons, or destruction or damage to property, or which is of a suspicious nature. Every fire responded to by the fire department shall be reported in writing to the chief fire marshal, using a form prescribed by the chief fire marshal.

(d)

The chief fire marshal shall have all necessary power and authority to carry out these responsibilities and to appoint and designate other members of the department, as may be necessary as deputy fire marshals to assist in carrying out these duties.

(e)

The chief fire marshal shall have the powers of and meet the qualifications for fire marshals, as provided by section 46-42 of this Code.

(Ord. No. 946, § 1, 11-15-2005)

(a)

Fire marshals shall meet those qualifications as may be set forth by state law, the city Code of Ordinances and by the chief fire marshall as being necessary to effectively administer this article.

(b)

Fire marshals shall attend a basic academy on law enforcement education and training, to be determined by the fire chief, and shall meet the any requirements necessary to attend such academy.

(c)

Fire marshals shall be commissioned by the chief fire marshal and shall be officers of the city.

(Ord. No. 947, § 1, 11-15-2005)

(a)

Fire marshals are authorized to enforce the provisions of this article to ensure compliance therewith.

(b)

Fire marshals shall be required to perform such duties as required by the city Code of Ordinances, applicable state law and as may be assigned to them by the chief fire marshal.

(c)

Fire marshals are authorized to make arrests for interference with firefighters or fire marshals in the discharge of the duties of their office or for any interference or obstruction of the operations of the fire department.

(d)

Subject to the requirements of this section and any and all requirements and regulations which shall be given at the fire chief's discretion, fire marshals shall be deemed peace officers and have and exercise all the powers and authority of other peace officers, relative only to the following:

(1)

The investigation of fire;

(2)

The inspection of buildings only for the purpose of fire prevention and fire protection; and

(3)

The enforcement of state statutes and municipal ordinances only for the purposes of fire prevention and fire protection.

(e)

Members of the fire department may be required to carry out investigation and inspection functions to accomplish the duties imposed by this article.

(f)

When, in the opinion of a fire marshal, reasonable cause exists that the fire or explosion may have been of incendiary origin, the fire marshal shall have the authority to take custody of all physical evidence relating to the cause of the fire or explosion, shall notify the proper authorities designated by law, may pursue the investigation of the matter to conclusion, and shall cooperate with the proper authorities in the collection of evidence and any prosecution of the case.

(g)

The Mustang police and code enforcement officers shall render necessary assistance in the enforcement of this article when so requested by a fire marshal.

(Ord. No. 948, § 1, 11-15-2005)

A certain document, three copies of which are on file in the office of the city clerk's Office of the City of Mustang, Oklahoma, being marked and designated as the International Fire Code, 2018 edition, including commentaries and appendix chapters B, C and D, as published by the International Code Council (the "2018 IFC"), as amended by the City of Mustang in section 46-62 herein, is hereby adopted as the Fire Code of the City of Mustang, State of Oklahoma, 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 as herein provided, and providing for the issuance of permits and collection of fees therefor. Each and all of the regulations, provisions, penalties, conditions and terms of said 2018 IFC on file in the office of the city clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in section 46-62.

(Code 1977, § 15.24.010; Ord. No. 1116, § 1, 11-4-2014; Ord. No. 1136, § 1, 2-16-2016; Ord. No. 1167, § 1, 7-3-2018; Ord. No. 1265, § 1, 8-2-2022)

Charter reference— Adoption by reference, § 2-14.

State Law reference— Adoption by reference, 11 O.S. § 14-107.

The City of Mustang hereby adopts all amendments of the 2018 International Fire Code (herein "2018 IFC") as prescribed by the Oklahoma Uniform Building Code Commission pursuant to 59 O.S. § 1000.23, except as amended below:

(1)

IFC § 101.1. Title Insert: "City of Mustang, Oklahoma."

(2)

IFC § 110.4. Violation Penalties is replaced with: "As described in § 46-64, Article III, Chapter 46 of the Code of Ordinances of the City of Mustang, Oklahoma."

(3)

IFC § 112.4. Failure to comply is replaced with: "As described in § 46-64, Article III, Chapter 46 of the Code of Ordinances of the City of Mustang, Oklahoma."

(Code 1977, § 15.24.020; Ord. No. 1116, § 2, 11-4-2014; Ord. No. 1265, § 2, 8-2-2022)

That the geographic limits referred to in certain sections of the 2018 IFC are hereby established as follows:

(1)

IFC § 5704.2.9.6.1 Locations where above-ground tanks are prohibited is replaced with the following: "Storage of Class I and Class II liquids in above ground exterior tanks are only allowed in the Heavy Industrial (I-3) Zoning District."

(2)

IFC § 5706.2.4.4 Locations where above-ground tanks are prohibited is replaced with the following: "Storage of Class I and Class II liquids in above ground exterior tanks is only allowed in the Heavy Industrial (I-3) Zoning District."

(3)

IFC § 5806.2 Limitations is replaced with the following: "Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited except as allowed in the Industrial (I-3) Zoning District."

(4)

IFC § 6104.2 Maximum capacity within established limits is replaced with the following" The storage of liquefied petroleum gas in total quantities exceeding 2000 gallons is prohibited except in the Heavy Industrial (I-3) Zoning District."

(Code 1977, § 15.24.035; Ord. No. 1116, § 3, 11-4-2014; Ord. No. 1265, § 3, 8-2-2022)

(a)

Any person who violates any of the provisions of this article or who fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds 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 who fails to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction, within the time fixed therein, shall severally, for every such violation and noncompliance respectively, be guilty of an offense, punishable as provided in section 1-8. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and, when not otherwise specified, each ten days that prohibited conditions are maintained constitutes a separate offense.

(b)

The application of the penalty in this section shall not be held to prevent the enforced removal of prohibited conditions.

(Code 1977, § 15.24.080; Ord. No. 1075, § 2, 11-6-2012; Ord. No. 1116, § 5, 11-4-2014)

Editor's note— Sections 4 of Ord. No. 1116, adopted Nov. 4, 2014, repealed former § 46-64 which pertained to fire hydrant requirements and locations, and derived from Ord. No. 1075, § 3, adopted Nov. 6, 2012. Section 5 of said Ord. No. 1116, renumbered former § 46-65 as § 46-64.

Should a question arise concerning the eligibility of an organization to qualify for a license under this article or if the plot plan is not approved by the police chief or his designee or the fire chief or his designee or the application is denied for any other reason, the matter may be timely submitted to the city council for a final decision at the request of the applicant.

(Code 1977, § 8.20.050; Ord. No. 659, § 1, 12-17-1996)

Except as otherwise provided in this article, it shall be unlawful for any person to manufacture, purchase, offer for sale, sell at retail, or use or discharge or explode any consumer fireworks, display fireworks or other fireworks and related items within the corporate limits of the city. The term "consumer fireworks," "display fireworks" and "fireworks" shall have the meanings set forth in 68 O.S. § 1622.

(Code 1977, § 8.20.010; Ord. No. 659, § 1, 12-17-1996; Ord. No. 1103, § 1, 6-17-2014)

(a)

Any nonprofit civic, charitable, fraternal, educational or religious organization located and domiciled within the corporate limits of the city may be licensed by the city clerk to sell consumer fireworks and related items from June 27 through July 3, daily, from 3:00 p.m. until 9:00 p.m., and on July 4 from 9:00 a.m. until 10:00 p.m.

(b)

For purposes of this section, youth sports teams shall not be considered as a civic, charitable, fraternal, educational or religious organization unless such team is organized and run by the Mustang Public Schools.

(c)

In no event shall any person under the age of 12 years participate in selling fireworks. Any person under the age of 18 may sell fireworks only if supervised by an adult representative of the license holder.

(Code 1977, § 8.20.020; Ord. No. 659, § 1, 12-17-1996; Ord. No. 1103, § 1, 6-17-2014; Ord. No. 1181, § 1, 2-5-2019)

(a)

Annual licenses for the sale of fireworks within the corporate limits of the city shall be obtained by filing a written application for each location with the city clerk and paying the annual license fee in the sum set forth in section 42-46 for each location no later than June 1 of each year. If the organization meets the requirements of this article, it shall be issued a license by the city clerk pending approval by the fire chief of the following requirements:

(1)

A minimum liability insurance policy of $250,000.00 for bodily injury and property damage, from an insurance company currently licensed to do business by the state.

(2)

A plot plan submitted to the city clerk for review by the police chief or his designee and the fire chief or his designee. The plot plan will show the location, the size of the stand, parking areas, traffic circulation patterns, and the proposed methods of storing fireworks.

(3)

Any and all licenses required by state law.

(b)

The approval of the plan shall be at the discretion of the chief of police or his designee and the fire chief or his designee, and their approval will be evidenced by their signature upon the plan.

(c)

Final approval of the application will be evidenced by the fire chief by his signature or that of his designee on the application.

(Code 1977, § 8.20.040; Ord. No. 659, § 1, 12-17-1996)

(a)

All licensed fireworks stands and structures selling fireworks and related items must be staffed and operated by members of the licensed organization.

(b)

An adult member (18 years or older) of the licensed organization must be present at all times during the operation of the stand.

(c)

All fireworks stands and structures selling fireworks and related items must be located not less than 65 feet from the street curb or the edge of the road if there is no curb.

(d)

An adult member (18 years or older) of the licensed organization must be present at the fireworks stand and structure during any inspection by the fire marshall.

(e)

It shall be unlawful to offer for retail sale or to sell any fireworks to children under the age of 12 years, unless accompanied by an adult.

(Code 1977, § 8.20.030; Ord. No. 659, § 1, 12-17-1996; Ord. No. 1256, § 1, 4-5-2022)

All fireworks stands and structures for the sale of fireworks and related items must be taken down and/or removed from their location within 15 days after July 4 of each year. In addition, the area wherein the stand or structure was located shall be returned to its prior condition by picking up all refuse pertaining to the operation of the fireworks stand or structure.

(Code 1977, § 8.20.060; Ord. No. 659, § 1, 12-17-1996)

(a)

The discharge of consumer fireworks shall be allowed only between the hours of 3:00 p.m. and 10:00 p.m. for the period of June 27 through July 4, with the exception of July 4, when the hours shall be 9:00 a.m. through 11:00 p.m. Discharge of fireworks is totally prohibited during all hours from July 5 through the following June 26. Discharge of display fireworks or other fireworks shall be prohibited at any time, except as provided under section 46-99.

(b)

It shall be unlawful to explode or ignite fireworks within 500 feet of any church, hospital, asylum, unharvested flammable agricultural crop, public school, or place where fireworks are stored, sold or offered for sale.

(c)

No person shall ignite or discharge any article of fireworks within or throw any article of fireworks from a motor vehicle, nor shall any person place or throw any ignited article of fireworks into or at such a motor vehicle or at or near any group of people.

(Code 1977, § 8.20.070; Ord. No. 659, § 1, 12-17-1996; Ord. No. 1103, § 1, 6-17-2014)

(a)

All fireworks and sales areas shall be conspicuously posted with signs reading "FIREWORKS—NO SMOKING."

(b)

Fireworks offered for retail sale must be protected from direct contact and handling by the public at all times. Self-service or marketing where retail customers are allowed to move among stocks of fireworks or serve themselves from fireworks stocks or displays is strictly prohibited. Fireworks offered for retail sale must be sold according to the most current version of National Fire Protection Association (NFPA) 1124 Chapter 7. Mail-order, internet or other indirect sales to consumers are prohibited through any medium of either interstate or intrastate commerce.

(c)

Fireworks shall not be sold or displayed to the public within any building or portion thereof, or any vehicle, which allows entry by any persons other than employees within such building or vehicle, unless the fireworks are kept where they cannot be reached or handled by those persons.

(d)

An enclosed building used for sale of fireworks to the public shall have adequate exits as determined by the fire chief. The use of tents or other non-rigid shelters for the sale or storage of fireworks where the public may move about, under or within the confines of a shelter is prohibited.

(Code 1977, § 8.20.080; Ord. No. 659, § 1, 12-17-1996; Ord. No. 1103, § 1, 6-17-2014)

(a)

It is unlawful to discharge any display fireworks, except as otherwise provided by this article, at any public display, including but not limited to any public display at any public park. The fire chief or his designee shall permit the use of display fireworks for public or private displays only when the following requirements are met:

(1)

Applications for such permits must be filed with the city clerk and must give the location of the proposed display and complete description of the nature and size of the fireworks to be used. A fee in the amount set forth in section 42-46 shall be paid to the city clerk upon the filing of the application.

(2)

A copy of federal form ATF F5400.4, Bureau of Alcohol, Tobacco and Firearms, must be submitted with the application.

(3)

All the provisions of NFPA 1123 must be met. NFPA 1123 refers to the most current version of National Fire Protection Association's Standard for Public Display of Fireworks. This subsection does not apply to the use of consumer fireworks by the general public.

(4)

Every display requiring a permit shall be handled by a properly trained operator and approved by the fire chief or his designee. Such fireworks shall be discharged or fired so as not to be hazardous to property or endanger any person.

(5)

The use of display fireworks is limited to those persons licensed as a display operator by the Oklahoma State Fire Marshal.

(b)

Any permit issued by the fire chief or his designee shall be at his discretion and may impose such other restrictions upon the public display as the fire chief or his designee finds necessary.

(Code 1977, § 8.20.090; Ord. No. 659, § 1, 12-17-1996; Ord. No. 1103, § 1, 6-17-2014)

The operator of any public display of fireworks must be bonded by sureties licensed to do business in the state in a sum sufficient to satisfy the city council and must possess any and all licenses required by state law.

(Code 1977, § 8.20.100; Ord. No. 659, § 1, 12-17-1996)