ARTICLE 2. FIRE PREVENTION

7-201. FIRE PREVENTION CODE INCORPORATED.

There is hereby adopted by the governing body of the city, for the purpose of prescribing regulations, governing conditions hazardous to life and property from fire or explosion, that certain code and standards known as the International Fire Code, edition of 2012, including all the Appendix chapters, published by the International Code Council, one copy shall be filed in the office of the clerk of the City of Nickerson, Kansas, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the city. (Code 2014)

7-202. SAME; ENFORCEMENT.

The code hereby adopted shall be enforced by the chief of the fire department.

(Code 2008)

7-203. SAME; AMENDMENTS.

(a)    Wherever the word municipality is used in the code hereby adopted, it shall be held to mean the City of Nickerson.

(b)    Article 13, Fireworks, of the Fire Prevention Code is hereby deleted in its entirety. (Code 2008)

7-204. OPEN BURNING; UNLAWFUL TO CONDUCT OPEN BURNS INSIDE OF THE CITY LIMITS.

That it shall be unlawful for any person or corporation to burn any garbage, trash, leaves, brush, lumber, petroleum products, oils, tires, composition shingles, tar paper, chemicals, hazardous materials and all similar items within the city limits of the City of Nickerson, Kansas, except that grass, leaves and brush may be burned in the manner and form as hereinafter provided in this article. (Ord. 2008-01, Sec. 1; Code 2008)

7-205. SAME; MANNER OF BURNING.

This article shall not prevent the burning of grass, leaves and brush provided same are burned pursuant to the remaining terms and conditions of this article. (Ord. 2008-01, Sec. 2; Code 2008)

7-206. SAME; SCOPE.

This provision is created to regulate the burning of grass, leaves and brush all other burning being strictly prohibited.

(a)    Any burning that takes place within a residential or business structure or any accessory structure thereto that is fueled by wood, coal or gas and is related to heating, cooking, or other lawful private or commercial pursuits is beyond the scope of this article except that any such burning that creates a nuisance or hazard is declared unlawful and is subject to the fines established herein.

(b)    The article provisions shall not apply to residential fireplaces or charcoal burners or broilers used in the preparation of food.

(Ord. 2008-01, Sec. 3; code 2008)

7-207. SAME; PROCEDURE.

Open burning shall be hereby prohibited within the corporate limits of the City of Nickerson unless the individual conducting the burning complies with the following terms and conditions:

(a)    No burning shall be permitted until 911 dispatch has been contacted and approval for said burn given.

(b)    No burning shall take place in any streets, alleyways, including drainage gutters or ditches or any other public property.

(c)    No burning is permitted during periods when surface wind is greater than fifteen (15) miles per hour.

(d)    No burning shall commence during the nighttime, which is defined as that period from 2 hours before sunset until one hour after sunrise. No material shall be added to a fire after two hours before sunset.

(e)    No burning is permitted which creates a nuisance. No burning is permitted which creates a traffic or other safety hazard.

(f)    It shall be prima facie evidence that the person who owns or controls property on which open burning occurs has caused or permitted the open burn.

(g)    The person conducting the burn shall insure that the burning is supervised at all times until the fire is extinguished.

(h)    That the provisions of the Uniform Fire Code Volume 1, Section 1102.3.2 dealing with the general safety precautions of an open burn shall be made a part of the conditions of this ordinance by reference. A copy of said Uniform Fire Code provisions shall be available for review at the City Hall during regular business hours. (Ord. 2008-01, Sec. 4; Code 2008)

7-208. SAME; DUTY OF OWNER.

Whenever a property owner becomes aware of any open burning being conducted on his or her property, regardless of how or by whom such un-permitted open burning or other such violation originated, it shall be the duty and obligation of such property owner to immediately cause a cessation of such open burning or other violation. Failure to do so is a violation of this provision by any and all such property owners.

(Ord. 2003-02, Sec. 4; Code 2008)

7-209. SAME; PENALTIES.

Any person who shall violate any of the provisions of this article shall be deemed guilty of a misdemeanor upon conviction thereof and shall be punished by a fine in a sum of not less than $50.00 nor more than $500.00 or by imprisonment of not less than 5 days nor more than 30 days or both by such fine and imprisonment. That upon a first violation the minimum fine shall be not less than $50.00 nor more than $500.00. On a second violation the fine shall be not less than $150.00 nor more than $500.00 and on a third or subsequent violation the fine shall be not less than $200.00 nor more than $500.00.

(Ord. 2003-02; Sec. 5; Code 2008)

7-210. ACCUMULATION OF RUBBISH AND TRASH.

It shall be unlawful for any person to allow to accumulate or to keep in any part of any building or outside of and adjacent to any building or in any alley, sidewalk, street or premises within 15 feet of any building any rubbish, trash, waste paper, excelsior, empty boxes, barrels or other combustibles which shall constitute a fire hazard.

(Code 1987, 5-301; Code 2008)

7-211. STACKING OF HAY OR STRAW.

It shall be unlawful for any person to deposit, stack or store any hay or straw within 500 feet of any building located inside the fire limits of the city. (Code 2008)

7-212. KEEPING OF PACKING MATERIALS.

It shall be unlawful to keep excelsior or other packing material in any other than metal or wood metal line boxes or bins having self-closing or automatic covers. All refuse and trash from rooms where packing or unpacking is done shall be removed daily. (Code 2008)

7-213. STORAGE OF ASHES.

It shall be unlawful to store ashes inside of any non-fireproof building unless they are stored in a noncombustible container or receptacle, and a clearance of at least five feet shall be maintained between such container or receptacle and any combustible materials not placed therein. Ashes shall not be stored outside of any building in wooden, plastic, or paper product receptacles or dumped in contact with or in close proximity to any combustible materials. (Code 2008)

7-214. FILLING GASOLINE TANKS OF MOTOR VEHICLES.

The engines of motor vehicles shall be stopped when the gasoline tanks of such vehicles are being filled with gasoline at service stations or other places where gasoline is supplied to motor vehicles. The driver or person in control of such vehicle when the gasoline tank of same is being filled who refuses, neglects or fails to stop the engine of such vehicle shall likewise be guilty of a violation of this code. (Code 2008)

7-215. STORAGE OF FLAMMABLE LIQUIDS.

(a)    Definitions. For the purpose of this article, certain terms and words used herein shall be defined as follows:

(1)    Flammable Liquid. – Any liquid having a flash point below 140 degrees Fahrenheit and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100 degrees Fahrenheit.

(2)    Flash Point. – The temperature at which a liquid gives off vapor sufficient to form an ignitable mixture with the air near the surface of the liquid or within the vessel in which such liquid is contained.

(3)    Vapor Pressure. – The pressure, measured in pounds per square inch (absolute) exerted by a liquid.

(b)    Prohibition. No person shall store in any of the residential districts of the city (R-1, R-2, R-3 and R-4) more than 50 gallons of flammable liquids, in the aggregate, except flammable liquids which are stored for use in heating a building located on the property at which such flammable liquids are stored, and except storage of such liquids in a vehicle or recreational vehicle for use solely in powering the vehicle. (Ord. 842A, Sec. 1:2)

7-216. FIRE HAZARDS GENERALLY.

It is unlawful for any person to cause or create anywhere within the city, or to permit on any premises under his or her control, any situation or condition that is conducive to or likely to cause or permit the outbreak of fire or the spreading of fire. Any situation or conditions conductive to the outbreak of or spreading of fire, is declared to be fire hazard. The violation of or failure to comply with any law pertaining to the storage, handling or use of inflammable oils, explosives, liquefied petroleum gases, or fertilizers and all wires and other conductors charged with electricity, is declared to be a fire hazard. The placing of stools, chairs or any other obstruction in the aisles, hallways, doorway, or exit of any theater, public hall, auditorium, church or other place of indoor public assemblage, or the failure to provide any such place of public assemblage with sufficient, accessible and unobstructed fire exits and escapes is also declared to be a fire hazard. The obstruction of any street, avenue, alley, fire hydrant or any other conditions that might delay the fire department in fighting fire is declared to be unlawful. (Code 1987, 5-305; Code 2008)

7-217. SAME; INSPECTIONS TO DISCOVER.

It shall be the duty of the fire chief to inspect or cause to be inspected by fire department officers or members, as often as may be necessary, all buildings, particularly all mercantile buildings, manufacturing plants, warehouses, garages, hotels, boarding houses, rooming houses, theaters, auditoriums and all places of public assemblage, for the purpose of discovering the violation of any fire preventive law or any fire hazard and ascertaining and causing to be corrected any conditions liable to cause fires and to see that all places of public assemblage, hotels and rooming houses have sufficient and unobstructed facilities for escape therefrom in case of fire.

(Code 1987; 5-305; Code 2008)

7-218. ABATEMENT OF FIRE HAZARDS; ISSUING ORDER.

Whenever any officer or member of the fire department shall find or discover any fire hazard or shall find in any building or upon any premises combustible or explosive material or dangerous accumulation of rubbish or unnecessary accumulation of paper, boxes, shavings or any other inflammable material, so situated as to endanger property by the probability of fire, or shall find or discover any violation of this chapter or any other law hazardous to public safety from fires, the fire chief shall order the fire hazard or danger from the fire forthwith abated and remedied and such order shall be complied with immediately by the owner or occupant of such buildings or premises. If the hazard or conditions ordered abated and remedied is a violation of, or a failure to comply with any law, the fire chief shall report the matter to the city attorney and he or she shall, if he or she deems it advisable, prosecute the offender. (Code 1987, 5-309:310; Code 2008)

7-219. SAME; SERVICE OF ORDER; RECORDS.

Any order made under this article shall be in writing and may be served personally upon the owner or occupant of the premises or by leaving it with any person in charge of the premises or if the premises are unoccupied and the owner is a nonresident of the city, then by mailing a copy to the owner’s last known post-office address. One notice to either the occupant or owner shall be sufficient. The fire chief shall keep a record of and copies of all such orders and notices and shall follow up such notices at the expiration of the time for compliance therewith and when complied with make proper entry, and if not complied with, file complaint with the municipal court against the property owner and/or occupant. (Code 2008)

7-220. NICKERSON HIGH SCHOOL PEP ASSEMBLIES.

Nickerson High School, desiring to hold a pep assembly bonfire, may make application to the fire chief for special permission to make fire in the open air. The fire chief shall investigate the application and may, in his/her discretion, allow an exception to the prohibition against open burning as provided in this chapter, and then only upon receipt of special permission of the fire chief, specifying the time and location at which the authorized burning will take place. Such burning, when authorized, shall take place no closer than 25 feet from any permanent structure unless the permission specifically allows it, nor shall any burning permitted under this section be carried on without one or more persons in direct attendance, and as may be specified by the fire chief. (Ord. 2015-06)