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Encroachment

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1. What is encroachment?

Encroachment is using city-owned property in a manner that’s your own – as in landscaping, installing fencing or other structures, or making other improvements to the property. Or, it can include using city property for discarding the stuff you don’t want on your own property – like yard waste, garbage, or other debris.

2. What is city-owned property?

City property includes trails and open space, conservation easements of various kinds, parks, and miscellaneous properties. You can see maps of various kinds, including interactive, at Draper City’s website here.

3. What is Draper’s city code regarding encroachment?

Find the full City Code describing encroachment here: Section 15-1-080.

4. How do I check my property boundaries? Where does my property stop and city property start?

For a quick glance to determine if your property abuts Draper City property, you can find your property and surrounding properties on the Salt Lake County parcel map. The most foolproof way to know where your property ends and city property begins is to have your property professionally surveyed. Please confirm that any of your structures, fences, landscaping, sprinkler lines, or accesses to your property are not on and don’t run through Draper City property.

5. How do I know if the big open space next to my property is city property?

You can see maps of various kinds, including interactive, at Draper City’s website here. City property includes trails and open space, conservation easements of various kinds, parks, and miscellaneous properties.

6. Can I landscape the city property bordering mine?

No, this is an example of encroachment.

7. Can I install fencing on the city property bordering mine, to keep the deer out of my garden?

No, this is an example of encroachment.

8. Can I dump my grass clippings onto the open space on the other side of my fence?

No, this is an example of encroachment.

9. Can I dump my pulled weeds over my fence bordering city property?

No, this is an example of encroachment.

10. Can I deposit the spoils from my construction project on the empty city property next to mine?

No, this is an example of encroachment.

11. Can I put the extra dirt I dug up from installing my koi pond on the city easement by my property?

No, this is an example of encroachment.

12. Can I dump my garbage on city property?

No, this is an example of encroachment.

13. Can I put a driveway across the open space by my house to access my property more easily?

No, this is an example of encroachment.

14. Can I install an unpaved access to my property that crosses city property?

No, this is an example of encroachment.

15. Can I just drive across the dirt field the city owns to access my own property?

No, this is an example of encroachment.

16. Can I run sprinkler lines across the unused city property next to my own property?

No, this is an example of encroachment.

17. Can I use city trails to access my own property?

No, this is an example of encroachment.

18. No one else uses it, so why not?

City property exists in various states and for various reasons. Some open space has been designated as conservation area because of its delicate ecosystem, unique terrain, or any other value it provides to plants, animals, etc. Some spaces that may appear to not be in use are actually used for irrigation, for providing city services, or other reasons that aren’t easily visible. And even further space may have been designated for future use that requires maintenance until the time it becomes further developed. For many reasons, we are required to care for public city property in a way that benefits us all, not a single private property owner.

19. What’s the penalty for encroachment?

All reports of encroachment will be investigated thoroughly. If the investigation determines the criteria for encroachment laid out in the City Code (which can be found here) have been met, violations shall be punished as a Class C misdemeanor for a first offense and as a Class B misdemeanor for subsequent offenses.

20. How do I report my neighbor’s encroachment?

You may report any code violation to our community development department. Reports can be made anonymously or non-anonymously. A Code Enforcement team member will investigate all complaints and will determine whether further action may be necessary. Use Draper City’s “Report a Problem” feature on our website here.

21. How do I anonymously report encroachment I see happening?

Please use the Code Violation Anonymous Complaint form here.

22. Where can I get updates on city code issues like encroachment?

Draper City is in the process of inventorying all City-owned property and identifying encroachments. Stay informed by:

• Following Draper City social media
• Visiting DraperUtah.gov
• Listening to City Council meetings
• Signing up for our newsletter (just send an email to info@draperutah.gov with “Subscribe” as the subject and your full name as the message)

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Fire Marshal FAQ - Businesses

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1. Do I need an inspection for my business?

Yes, all businesses should have an annual inspection from the fire department. Some can be done with a self-inspection form and others will require an in-person inspection.

2. How do I schedule an inspection?

To schedule an inspection, please call either our Fire Marshal Don Buckley at 385-557-2806 or our Fire Inspector Steve Chaffin at 385-253-0592.

3. How often should I have my sprinkler system inspected?

The State of Utah requires that you have a fire sprinkler inspection annually. The inspection is designed to make sure your system is still functioning as required. 

4. How often should I have my fire alarms inspected?

The State of Utah requires that you have a fire alarm inspection annually. The inspection is designed to make sure your system is still functioning as required.

5. Do my kitchen hoods need an inspection? If so, how often?

Yes, your kitchen hood requires an inspection by a Utah State certified kitchen hood inspector. As well as your hood, it is required to have the duct work cleaned all the way to the roof or where the duct exits the building. This will need to be done by a Utah State certified hood cleaner. Both of these need to be done a minimum of every six months, or more if deemed necessary. 

6. Do I need a HAZMAT permit for my business?

It’s possible, depending on your business. You can contact our Draper Fire Marshal Don Buckley at 385-557-2806 for more information. We have a HAZMAT packet that may assist you in deciding if your type of business may need a permit. 

7. What is Draper’s ISO rating?

As of our last ISO evaluation in 2018, we are proud to report we have an ISO rating of 2.

8. When can I sell fireworks?

Class “C” fireworks can be sold the following dates: June 24 – July 25; December 29 – December 31; two days before and on Chinese New Year’s Eve.

9. Do I need a special permit to sell fireworks?

A special, temporary license is required to sell fireworks. You may find the application for the permit here.

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Fire Marshal FAQ - Fireworks

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1. Are residents allowed to discharge fireworks in Draper?

Please visit our Fireworks/Fire Prevention page for current information about fireworks restrictions in Draper. 

2. Are there certain times I may or may not discharge fireworks?

Residents in non-prohibited areas may discharge fireworks between the hours of 11 am and 11 pm except as noted:

July 2 – July 5 (July 4 hours extended to midnight)

July 22 – 25 (July 24 hours extended to midnight)

December 31* (11 am – 1 am January 1)

Chinese New Year’s Eve (11 am – 1 am the following day)

*If New Year’s Eve is on a Sunday and the local governmental jurisdiction determines to celebrate New Year’s Eve on the prior Saturday (Dec 30), then it is lawful to discharge Class C common state-approved explosives on that prior Saturday.

Please note: Class C fireworks are not allowed during Draper Days events in July.

3. May I fly Chinese Lanterns in Draper?

Chinese Lanterns, also known as Khoom Fay, Paper Lanterns, or Sky Lanterns, are floating lanterns made from flammable materials that are lit like candles. They emit a stunning glow, stay lit for up to 20 minutes, and can travel several miles. While beautiful and exciting, these lanterns create an extreme fire hazard and are prohibited in any part of Draper City. These lanterns create an extreme fire hazard. View the Chinese Lantern Information Sheet here.

4. May I have a tethered Chinese Lantern?

Tethered Chinese Lanterns are also prohibited in any part of Draper City. Though they remain in one spot, the fire hazard they create in our beautiful foothills is real and dangerous.

5. When can I sell fireworks?

Class “C” fireworks can be sold the following dates: June 24 – July 25; December 29 – December 31; two days before and on Chinese New Year’s Eve.

6. Do I need a special permit to sell fireworks?

A special, temporary license is required to sell fireworks. You may find the application for the permit here.

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Fire Marshal FAQ - Residents

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1. May I have a fire pit or other recreational fire at my residence?

The fire code allows residents to have small recreational fires at their residences. The “fuel area” (fire pit) may not exceed 3 feet in diameter by 2 feet in height. Burning is limited to dry, clean, natural materials; no garbage, plastics, rubber, oils, or construction waste.

First verify that it is a “green” burn day by checking the air quality forecast by going to air.utah.gov, or by downloading the UtahAir app from the Android or iOS store.

Keep open fires 25 feet away from structures or combustible materials. Fires contained in improved barbecue pits or portable outdoor fireplaces require a minimum of 15 feet of clearance. LP or natural gas fire pits or grills require 10 feet of clearance.

Have a method of extinguishment readily available. Keep a garden hose or bucket of water nearby.

Fires must be constantly attended until fully extinguished.

“Offensive, Objectionable, or Nuisance” fires are no longer required to be extinguished unless the fire is causing a hazardous situation. If all burning requirements are met and the fire is not causing a hazardous situation, the fire department does not have the authority to extinguish the fire.

2. When can I burn a fire in my fireplace?

Air.Utah.gov has some great online resources for knowing when it’s safe to burn, and when it will negatively impact the air we breathe. Check out https://air.utah.gov/ for hourly updates on air quality and the resultant permissions or restrictions on burning wood in your fireplace or woodstove, or burning for any purpose.

There’s also an app for that: You may download the UtahAir app from the Android or iOS store.

3. Is leaf burning allowed in residential areas?

Residential burning of clean yard waste, grass clippings, weeds, tree trimmings, and other material is not allowed in Salt Lake County or in Draper City.

Draper City is unique in that it straddles the border between Salt Lake and Utah counties, with parts of our fair town falling into each county’s jurisdiction. Since more of Draper’s acreage is in Salt Lake County than Utah County, we defer to Salt Lake County’s guidelines for burn and other prohibitions.

4. Do I need a permit to burn leaves?

The burning of leaves is considered open burning, which falls under the same requirements as burning of clean yard waste, grass clippings, weeds, tree trimmings, and other material. It is not allowed in Salt Lake County or in Draper City.

5. What do I do when my neighbors are burning something they shouldn’t?

Remember that recreational fires are allowed, within strict guidelines (see above). “Offensive, Objectionable, or Nuisance” fires are not required to be extinguished unless the fire is causing a hazardous situation. If all burning requirements are met and the fire is not causing a hazardous situation, the fire department does not have the authority to extinguish the fire.

However, if the fire is non-recreational and is against code, i.e. burning of clean yard waste, grass clippings, weeds, tree trimmings, leaves and other material, then it is not allowed in Salt Lake County or in Draper City. Please report this type of burning to Draper Fire by calling 801-576-6500 or by calling 911.

6. My neighbors have a lot of junk piled up around their residence. I’m worried this is a fire hazard. What can I do?

This type of violation falls under the jurisdiction of our city code enforcement division. A Code Enforcement Complaint covers signs, weeds, and trash. To report a code violation, please use one of the following online forms:

• Anonymous Online Complaint Form
• Non-Anonymous Online Complaint Form

7. Do you change smoke detector batteries?

If your detectors are older than 10 years then you should change their batteries every 6 months. A great tutorial on how to do that can be found here, or you may search online for other resources related to your specific device.

If you have a smoke detector manufactured after 2010, then those batteries are built to last for a decade. Once the 10 years is up, you should replace the entire detector. You can easily search online for videos and instructions for your specific device, like the Kidde Sealed Lithium Battery Power Smoke Alarm i9010 here. Make sure to search for your specific device and model number and follow the instructions provided.   

Draper Fire is here to serve the community in every way possible, but our first and foremost priority is having enough staff on call at all times to handle fire-related crises and emergencies that can arise in an instant. Most smoke detector battery changing situations are straightforward enough for a resident to handle on their own. However, if you have special needs, or your residence has special circumstances, that prevent you from being able to take care of this important matter yourself, we are happy to assist whenever organization and community needs allow. Please call 385-557-2805 for further assistance.

8. How do I refill my fire extinguisher?

Although some extinguishers can be recharged, this is dangerous without the right training. Hire a trained professional to make sure your extinguisher is safe and gets recharged with the correct chemical extinguishing agent. If the extinguisher has a metal head and metal neck it is refillable by a Utah State Certified Fire Extinguisher Company. If it has a plastic head it is not refillable, and you should purchase a new one.

Check your favorite search engine for Utah State Certified Fire Extinguisher Companies. A single recharge typically costs between $15 and $25. Depending on the size and original cost of your extinguisher, a recharge may be more budget-friendly than buying a new extinguisher.

9. What public education programs do you offer?

We offer many public education programs, including First Aid Training (CPR/AED Classes, Push To Survive, Basic First Aid). We also offer Fire Extinguisher Classes and Community Emergency Response Team (CERT) classes.

10. I’m concerned about a youth in my life with a particular affinity for fire. What should I do?

There are many reasons children may experiment with fire, and they are all of concern to those in the fire service. Often children (as well as adults) are unable to make proper choices to remain safe around fire. If a child you care about has played with matches, lighters, fireworks, candles, has set a fire or has shown a curiosity of fire that worries you, please contact us about our Youth Firesetter Intervention Program. You can reach out to our Fire Prevention Office at 385-557-2806 and be put in touch with our Youth Firesetter Coordinator. 

11. May I fly Chinese Lanterns in Draper?

Chinese Lanterns, also known as Khoom Fay, Paper Lanterns, or Sky Lanterns, are floating lanterns made from flammable materials that are lit like candles. They emit a stunning glow, stay lit for up to 20 minutes, and can travel several miles. While beautiful and exciting, these lanterns create an extreme fire hazard and are prohibited in any part of Draper City. View the Chinese Lantern Information Sheet here.

12. May I have a tethered Chinese Lantern instead of flying them?

Tethered Chinese Lanterns are also prohibited in any part of Draper City. Though they remain in one spot, the fire hazard they create in our beautiful foothills is real and dangerous.

13. Are fireworks allowed anywhere in Draper?

To protect lives and property, the use of fireworks in prohibited areas will be strictly enforced. In general, fireworks are NOT allowed south of 138th South, east of 1300 East and west of I-15. Fireworks are NOT allowed in the Suncrest area. Fireworks are NOT allowed in all Draper City Parks per City Code Section 15-1-050 (g): “Possession and Use of Firearms, Dangerous Weapons, or Fireworks. It shall be unlawful for any person to carry or discharge any firearm or explosive of any kind including fireworks at a recreation facility excepting law enforcement officers and those who are allowed by state code or have received written consent to do so from the Manager.”

Sparklers are allowed in all areas of Draper, however residents are asked to use precaution in dry, grassy areas. Always have a bucket of water nearby to douse the hot sparklers.

14. When can I set off fireworks this year?

Residents in non-prohibited areas may discharge fireworks between the hours of 11 am and 11 pm except as noted. Please visit our Fireworks/Fire Prevention page for information on current restrictions. 

July 2 – July 5 (July 4 hours extended to midnight)

July 22 – 25 (July 24 hours extended to midnight)

December 31* (11 am – 1 am January 1)

Chinese New Year’s Eve (11 am – 1 am the following day)

*If New Year’s Eve is on a Sunday and the local governmental jurisdiction determines to celebrate New Year’s Eve on the prior Saturday (Dec 30), then it is lawful to discharge Class C common state-approved explosives on that prior Saturday.

Please note: Class C fireworks are not allowed during Draper Days events in July. (Draper Days did not take place in 2020 due to COVID-19.)

To protect lives and property, the use of fireworks in prohibited areas will be strictly enforced.

15. Are residents allowed to discharge fireworks in Draper?

Please visit our Fireworks/Fire Prevention page for current information on fireworks restrictions in Draper.