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 2015 NFPA 1: Fire Code of the National Fire Protection Association (NFPA) and amendments hereafter, save and except such portions as hereinafter deleted, modified or amended by section 7-203 of this article two copies which Code and Standards have been and are now electronically kept in the office of the Fire Chief of the City of Kiowa, 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 1997; Ord. 412; Code 2015; Ord. 434)
The code hereby adopted shall be enforced by the Fire Chief.
(Code 1997; Ord. 313; Code 2015)
(a) Wherever the word municipality is used in the code hereby adopted, it shall be held to mean the City of Kiowa.
(b) All provisions of the Uniform Fire Code, which deal with fireworks, are hereby deleted in their entirety.
The Fire Chief shall have the power to modify any of the provisions of the uniform fire code adopted in section 7-201 upon application in writing by the owner or lessee, or his or her duly authorized agent, when there are practical difficulties in the way of carrying out of the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the Chief thereon shall be entered upon the records of the department and a signed copy shall be furnished to the applicant.
(Code 1977, 15.24.070; Code 1997; Ord. 313; Code 2015)
Whenever the Fire Chief shall disapprove an application or refuse to grant a permit applied for or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief to the governing body within 30 days of the date of the decision appealed.
(Code 1977, 15.24.080; Code 1997; Ord. 313; Code 2015)
(a) For the purpose of this section the following words shall mean:
(1) Garbage - without limitation any accumulation of animal, fruit or vegetable waste matter that results from the handling, preparation, cooking, serving, delivering, storage, or use of foodstuffs.
(2) Trash - combustible waste consisting of, but not limited to: papers, cartons, boxes, barrels, wood, excelsior, furniture, bedding, rags or tree branches and noncombustible waste consisting of, but not limited to: metal, tin, cans, glass, crockery, plastics, mineral matter, ashes, clinkers, or street rubbish and sweepings.
(b) The burning of trash, garbage or any solid waste materials within the corporate city limits of the city is hereby expressly prohibited.
(c) The provisions of this section shall not prohibit the burning of leaves and lawn trimmings if such burning is performed in an approved burner so constructed as to prevent the escape of sparks and burning material, upon private property and in a manner so as not to cause injury to persons or property.
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.
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.
It shall be unlawful to keep excelsior or other packing material in any other than metal or wood metal line boxes or binds having self-closing or automatic covers. All refuse and trash from rooms where packing or unpacking is done shall be removed daily.
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.
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.
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.