In order to provide the city of Tonganoxie rules and regulations to improve the safety of the public by promoting the control of fire hazards, governing conditions hazardous to life and property from fire or explosion, those certain standards know as Kansas Buildings Fire Safety Handbook, 1999 Second Edition, are hereby adopted and incorporated by reference, save the and except for such portions as hereinafter deleted, modified or amended. The Kansas Buildings Fire Safety Handbook, Second Edition, is made part of the ordinances of the City of Tonganoxie as if the same had been set out in full herein, all as authorized and in the manner prescribed by K.S.A. 12-3009 through 12-3012 including any amendments thereto. No fewer than three copies of the Kansas Buildings Fire Safety Handbook, 1999 Second Edition, shall be marked or stamped "Official Copy as Incorporated by the City of Tonganoxie" and shall be filed with the city clerk to be opened for inspection and available to the public at all reasonable hours of business.

a.    International Fire Code Incorporated—omissions—additions. There is hereby incorporated by reference the International Fire Code, 2012 Edition, including Appendix Chapters A, B, C, D, E, F, and G, prepared and published in book form by the International Code Council, Inc., 5203 Leesburg Pike, Suite 708, Falls Church, Virginia 22041-3401.

b.    Definitions. Wherever the word jurisdiction is used in the International Fire Code it shall be held to mean the city of Tonganoxie.

c.    Copies on file. Not less than three copies of the code hereinbefore incorporated by reference shall be marked or stamped “Official Copy as adopted by ordinance No. 1457” and filed with the city clerk to be open to inspection and available to the public at all reasonable hours. The police department, municipal judge and all administrative departments of the city charged with the enforcement of this chapter shall be supplied at the cost of the city such number of official copies of such code as may be deemed expedient. (Ord. 1079, Sec. 1; Code 2004; Ord. 1259; Ord. 1457, Sec. 1)


(a)    It shall be unlawful for any person to violate this article, to permit or maintain such violation, to refuse to obey any provision thereof, or to fail or refuse to comply with any such provision or regulation except as variation may be allowed by the governing body of the city. Proof of such unlawful act or failing to act shall be deemed prima facie evidence that such act is that of the owner. Prosecution or lack thereof of either the owner or the occupant shall not be deemed to relieve the other.

(b)    The provision shall apply equally to both public and private property. It shall apply to all new structures and their occupancies, including buildings, structures, equipment, etc., and, except as otherwise specified within its own terms, to existing structures and their occupancies, including buildings, structures, equipment, etc., that constitute a clear and present hazard to life or to property. (Ord. 1079, Secs. 2:3; Code 2004)


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


It shall be unlawful for any person to burn in the city limits without the fire chief or his or her qualified designee first inspecting the site, viewing that materials to be burned and issuing a permit authorizing the burn. (Code 2004)


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 30 feet of any building any rubbish, trash, waste paper, excelsior, empty boxes, barrels or other combustibles which shall constitute a fire hazard. (Code 2004)


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 2004)


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 2004)


It shall be unlawful to store ashes inside of any nonfireproof 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 2004)


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 2004)


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 condition conducive to the outbreak of or spreading of fire, is declared to be a 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 condition that might delay the fire department in fighting fire is declared to be unlawful. (Code 2004)


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 2004)


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 condition 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 2004)


Any order made under section 7-212 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 2004)