ISHPEMING — The 1888 Ishpeming City Charter devoted a whole chapter to the prevention and extinguishment of fires. The disastrous fire of 1874 was only 14 years past and a recent memory for many.

Section One gave the council the power, by ordinance, to “designate such portions and parts of said city as they shall think proper within which no buildings of wood shall be erected, and may regulate and direct the erection of buildings within such portions and parts, and the size and material thereof, and the size of the chimneys therein.” (Page 58) The fire of 1874 had been disastrous because the downtown was filled with many wooden buildings packed tightly against one another.

The fire prevention powers of the common council were not limited to the business district of the town, but to residences as well. “The common council may, by ordinance, require the owners and occupants of houses and other buildings to have scuttles on the roof of such houses and buildings and stairs or ladders leading up to the same.” (Page 58) Scuttles in this usage, were small, watertight openings used to provide access to the roof.

The scuttles were there to allow inspection of the chimney, which section five gave them the authority to “appoint persons at all reasonable times, to enter into and examine all dwelling-houses, buildings and tenements of every description, and all lots, yards and enclosures, and to cause such as are dangerous to be put into save condition; and may authorize such officers and persons to inspect all hearths, fireplaces, stoves, pipes, flues, chimneys; or other conductors of smoke, or any other apparatus or device in which fire may be used or to which fire may be applied.” (Page 59)

The common council also had the power to “regulate and direct the construction of safe deposits for ashes, and may compel the cleaning of chimneys, flues, stove-pipes and all other conductors of smoke; and upon the neglect of the owner or other occupant of any house, tenement or building of any description, having therein ant chimneys, flues, stovepipes or other conductors of smoke, to clean the same.” (Page 58) If the owners could or would not clean it, the common council could have them cleaned, although they charged 10% above the cost of the job.

The common council could establish, maintain, and regulate fire engine, hook and ladder, and hose and bucket companies as they deemed necessary. They did have to provide fire engines and the necessary equipment for the companies. Ishpeming had about four hook and ladder companies, in places such as the New York location and one on 7th Street. When a fire alarm was turned in, it took some time to harness the horses and drive the fire engine to where it needed to go. The hook and ladder companies were able to ensure people got out safely and were usually located in areas where it would take the fire engine companies more time to reach the fire.

“Upon the breaking out of any fire in said city the marshal shall immediately repair to the place of such fire and aid and assist, as well in extinguishing the fire as in preventing any goods or property from being stolen or inured, and in protecting, removing and securing the same.” (Page 60) During the fire of 1874, many merchants lost goods not only to fire, but also to ‘sticky fingers’ and even in 1888, they were still a problem.

The charter dealt with bystanders by putting them to work. Early fire apparatus required muscle power to provide sufficient water pressure. Section 7 reads, in part, “The mayor, or any alderman, may require the assistance of all bystanders in extinguishing such fire and in the removal, preservation and protection of all property endangered thereby; and in case any bystander shall willfully neglect to comply with such requirements he shall be punished in the manner provided by the laws or ordinances of the common council.” (Page 61)

“Whenever any person shall refuse to obey any lawful order from any engineer, fire warden, mayor, alderman, at any fire, it shall be lawful for the officer giving such order to arrest or to direct orally, any constable, watchman or any citizen to arrest such person and confine him temporarily in a safe place.” (Page 61) Intoxicated and disorderly persons were also liable for arrest.

The firemen of Ishpeming were required to select yearly a chief engineer, as well as assistant engineers and “shall appoint a fire warden for each ward of the city, whose powers, duties and compensation shall be prescribed by the common council.” (Page 61) Firemen were also exempt from the yearly poll tax, plus they did not have to serve on juries.

Sections 12 and 13 of the chapter dealt with pulling down buildings. “Whenever any building in said city shall be on fire, it shall be the duty, and be lawful for the chief engineer, with the consent of the mayor, or any alderman, or for any two aldermen to order and direct such building or any other building which they deem hazardous and likely to communicate fire to other buildings, or any part of such building, to be pulled down and destroyed, and no action shall be maintained against any person or against the city therefor; but any person interested in any such building so destroyed or injured may within three months thereafter apply to the common council to assess and pay the damages he has sustained,” (Page 62)

“But if it appears that the building so torn down and damaged would have been destroyed by fire if not torn down, then the owner or occupant shall be entitled to no compensation therefor from said city,” (Page 62) How the city made such a distinction is not recorded and a bit puzzling.