07/26/2022 Ordinances 9890• : � I► : � � ���:�ZI�
An ordinance to amend Chapters 16, 18, 26, 30 and 32 of the Grand Island City
Code; to amend Section 16-11 pertaining to Open Burn Permit Fees, Section 16-25 pertaining to
Fire Protection Contracts, Section 18-24 pertaining to Filing Fees, Section 30-45 pertaining to
Discharge Fee, Section 32-72.1 pertaining to Use of Public Right-of-Way, and Section 32-72.8
pertaining to Permit- Issuance, Fee and Insurance, to repeal Section 16-11, Section 16-25,
Section 18-24, Section 30-45, Section 32-72.1 and Section 32-72.8 as now existing, and any
ordinance or parts of ordinances in conflict herewith; and to provide for publication and the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 16-11, Section 16-25, Section 18-24, Section 30-45,
Section 32-72.1 and Section 32-72.8 of the Grand Island City Code are hereby amended to read
as follows:
§16-11. Open Fires; When Allowed; Permit; Fire Locations; Hours of Burning
(1) For purposes of this section, Open Fire shall mean burning under such conditions that the
products of combustion are emitted directly into the ambient air.
(2) No person shall cause or permit any open fire within the limits of the City.
(3) Exceptions:
(a) Fires set solely for the outdoor cooking of food for human consumption where no
hazard is created;
(b) Fires set with the written permission of the Fire Chief of the City of Grand Island or
his or her designated representative and upon receipt of any permit required by the
Nebraska Department of Environmental Quality:
(i) for the purpose of training public or industrial fire fighting personnel.
(ii) for essential agricultural operation in the growing of crops where no nuisance
or hazard is created.
(iii) for the purpose of destroying dangerous materials or diseased trees.
(iv) for the purpose of clearing land for roads or other construction activity.
(v) for ceremonial, educational, or recreational purposes by a legally established
and recognized non-profit organization or governmental entity.
(vi) for the purpose of burning leaves and brush where no hazard is created.
(c) Fires set in operation of smokeless flare stacks for the combustion of waste gases,
provided they meet the requirements of the Nebraska Department of Environmental
Quality.
(d) For open burning of leaves and brush where no hazaxd is created during the
following periods:
(1) A fourteen (14) day period beginning the third Sunday in April, and
Approved as to Form �
July 25, 2022 tt City Attorney
ORDINANCE NO. 9890 (Cont.)
(2) A fourteen (14) day period beginning the second Sunday in October or as the
Fire Chief may designate due to inclement weather during the foregoing specified
periods.
(e) For the private, residential use of outdoor fireplaces as defined below and with
the following restrictions:
(i) portable fire pits which are designed and commercially sold to confine
outdoor wood fires;
(ii) chimineas, constructed of clay or some other fire safe material which are
designed and commercially sold to confine outdoor wood fires;
(iii) fire rings which are designed to enclose an outdoor fire with a metal tube,
poured concrete, stones, or some other fire safe material partially buried in the
ground;
(iv) all outdoor fireplaces must be at a minimum of fifteen (15) feet distance from
any structure, including fences and sheds and placed on a stable, non-
combustible surface such as a concrete pad;
(v) the fuel area for all outdoor fireplaces shall be no more than three (3) feet in
diameter and completely enclosed by a non-combustible screening material;
(vi) the opening in the fuel area must be covered with a screening material
constructed of fire safe wire mesh to prevent the passage of sparks and
embers:
(vii) fuel for outdoor fireplaces shall be limited to untreated and/or seasoned
wood.
(viii) fuel that consists of yard waste or wood that is milled, processed, treated,
and/or painted is prohibited;
(ix) while in operation, all outdoor fireplaces shall be continuously monitored by
at least one (1) person eighteen (18) years of age or older and an operable
garden hose connected to a water supply shall be available for extinguishing
flames; and
(x) outdoor fireplaces shall not be operated when local average wind speed is
fifteen miles per hour (15 mph) or greater.
(4) Open fires shall be continuously monitored by at least one (1) person eighteen (18) years of
age or older until the fire is extinguished. The person so attending shall have an operable garden
hose connected to a water supply or other fire extinguishing equipment readily available for use,
and no such fire shall be abandoned until it has been completely extinguished.
(5) Permits to burn leaves and brush shall only be issued to the owner or occupant of private
residential property fire locations. Applications for permits may be made only during each open
burning period and the week prior thereto. A separate permit shall be required
for each open burning period for the activities listed in paragraph (3)(b)(vi) above and shall be
maintained in the possession of a person tending the fire at all times.
(6) A separate permit shall be required for any of the activities listed in paragraphs (3)(b)(i),
(ii), (iii), (iv), and (v).
(7) Fire locations for leaf and brush piles greater than three (3) feet in diameter or two (2) feet
in height must be at least fifty (50) feet away from any structure or other combustible material.
Fire locations for leaf and brush piles less than three (3) feet in diameter and two (2) feet in
height must be at least twenty-five (25) feet from any structure or other combustible material
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ORDINANCE NO. 9890 (Cont.)
unless the fire is contained within an approved burning appliance or barrel with one-half inch
(1/2") wire mesh screen covering the entire opening and such container or barrel is located not
less than fifteen (15) feet from any structure or other combustible material.
(�) Leaf and brush fires may only occur between the hours of 8:00 a.m. and 8:00 p.m. during
the open burning periods as defined in paragraph (3)(d) above.
(9) The Fire Chief of the Grand Island Fire Department may prohibit any and all open burning
when he or she determines atmospheric conditions or local circumstances make such fires
hazardous.
(10) A permit fee in accordance with the City of Grand Island Fee Schedule_for each open
burning period for the activities listed in paragraph (3)(b)(vi) above must be paid by any person
or organization seeking a permit prior to its issuance.
(11) A permit fee in accordance with the City of Grand Island Fee Schedule_for each daily
occurrence for any of the activities listed in paragraphs (3)(b)(i), (ii), (iii), (iv), and (v) above
must be paid by any person or organization seeking a permit prior to its issuance.
§16-25. Fire Protection Contract; Compensation
In the preparation of fire protection contracts for buildings outside the corporate limits
of the City, provisions shall be made for compensation to the City based on a mutually agreeable
compensation amount, to be negotiated, based on the nature of hazards associated with the
building occupancy as determined by the International Fire Code.
§18-24. Filing Fee
Any person who is aggrieved by any decision of the chief building official or his
authorized representative relating to the suitability of alternate materials or type of installation or
interpretation of any provision of this Code may obtain review of such decision upon filing a
written request for review by the Board in the office of the chief building official or his
authorized representative within thirty (30) days from the date of such decision and payment of a
filing fee as provided in accordance with the City of Grand Island Fee Schedule.
Enforcement of any decision, notice or order of the chief building official or his
authorized representative issued under this Code shall be stayed during the pendency of an
appeal therefrom which is properly and timely filed.
§26-33. Filing Fee
Any person who is aggrieved by any decision of the chief building official or his
authorized representative relating to the suitability of alternate materials or type of installation or
interpretation of any provision of this Code may obtain review of such decision upon filing a
written request for review by the Board in the office of the chief building official or his
authorized representative within thirty (30) days from the date of such decision and payment of a
filing fee as provided in accordance with the City of Grand Island Fee Schedule.
Enforcement of any decision, notice or order of the chief building official or his
authorized representative issued under this Code shall be stayed during the pendency of an
appeal therefrom which is properly and timely filed.
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ORDINANCE NO. 9890 (Cont.)
§30-45. Discharge Fee
Any person discharging septic tank waste into the wastewater treatment works shall
pay the Department at a rate per one hundred gallons of tank capacity (or fraction thereo� as a
wastewater disposal charge, in accordance with the City of Grand Island Fee Schedule.
§32-72.1. Use of Public Right-of-Way
(1) It shall be unlawful for any person, as defined in this Code to use and obstruct for
building, construction, demolition or razing purposes any street, alley, or sidewalk, or part
thereof, without first securing a permit from the director of public works, pay the fee in
accordance with the City of Grand Island Fee Schedule, and giving bond/proof of insurance,
provided:
(A) No permit shall authorize occupancy of any street or sidewalk space, part
thereof, other than immediately in front of, or any alley space immediately behind the lot or
lots upon which any building or structure is in process of demolition, razing, erection, or
other construction is to be done, and in relation to which such permit is issued, unless
consented to in writing by the abutting property owner or owners.
(B) During progress of any such operations a sidewalk not less than four feet in
width shall be at all times kept open, and protected for the purpose of passage in front of each
lot or lots and within the space permitted for occupancy.
(C) Such sidewalk shall be protected by a tight board fence at least four feet in
height, and when deemed necessary and required in the permit by the director of public
works, by a tight board fence of such additional height and an adequate tight board roof.
(D) Nothing herein shall be construed to prohibit the maintenance of necessary
driveways and gates for the delivery or removal of material across such sidewalks to or from
the building, construction, demolition or razing site, provided, a watchman is stationed at the
sidewalk to warn and protect the public.
(2) No permit, as provided above, shall be required for any roll off box owned and
provided by a collector licensed pursuant to Chapter 17, Article II of the City Code. All other
provisions of Chapter 32, Article VII, relating to use of public right-of-way shall apply to any
roll off box which is used upon and obstructs any street, alley or sidewalk or part thereo£
§32-72.8. Permit - Issuance, Fee, and Insurance
(1) Permits for obstructions of streets, sidewalks, and alleys shall be issued by the
director of public works. The fee for a permit shall be in accordance with the City of Grand
Island Fee Schedule, and shall be paid when the permit is obtained. If work is commenced prior
to application for the permit, an investigation fee in accordance with the City of Grand Island
Fee Schedule in addition to the permit fee shall be assessed. Each permit shall expire six months
from date of issuance.
(2) No permit shall be issued until the applicant therefore shall have executed and delivered
to the director of public works, proof of insurance to be approved by the city attorney and filed
with the city clerk, as follows:
(a) Worker's Compensation Insurance in compliance with the laws of the State
of Nebraska, and Employees Liability Insurance.
(b) Public Liability and Property Damage Insurance covering with limits as follows:
�
ORDINANCE NO. 9890 (Cont.)
(i) Where work is to be performed in Light Business (B 1) Zone, General
Business (B2) Zone, Heavy Business (B3) Zone, Light Manufacturing
(Ml) Zone, Heavy Manufacturing (M2) Zone, Commercial Development
(CD) Zone, or Industrial Development (ID) Zone, with limits of not less
than $25,000 for each person; $50,000 for more than one person for each
occurrence for bodily injury and death; and property damage limits of not
less than $10,000; and
(ii) Where work is to be performed in Transitional Agriculture (TA) Zone,
Suburban Residential (Rl) Zone, Low Density Residential (R2) Zone,
Medium Density Residential (R3) Zone, High Density Residential (R4)
Zone, Residential-Office (RO) Zone, or Residential Development (RD)
Zone, with limits of not less than $5,000 each person; $10,000 for more
than one person for each occurrence for bodily injury and death; and
property damage limits of not less than $5,000; and, in any instance, in
such additional amounts as specified and required by the public works
director when authorizing the work.
(c) Automobile liability insurance with limits of $10,000 each person, and $20,000
each accident for bodily injury or death; and $5,000 each accident for property
damage, or such additional amounts as specified by the public works director when
authorizing the work.
SECTION 2. Section 16-11, Section 16-25, Section 18-24, Section 30-45,
Section 32-72.1 and Section 32-72.8 as now existing, and any ordinances or parts of ordinances
in conflict herewith be, and hereby are, repealed.
SECTION 3. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: July 26, 2022.
Roger G teele, Mayor
.
Attest:
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RaNae Edwards, City Clerk
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