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, as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Hesston, in the State of Kansas regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all regulations, provisions, penalties, conditions and terms of said Fire Code of the City of Hesston are hereby referred to, save and except such portions as hereinafter deleted, modified or amended by section 7-203 of this article; one copy of said Code has been and are now filed in the office of the clerk of the City of Hesston, Kansas, and the same are hereby adopted and incorporated as fully as if set out at length herein, and the provisions thereof shall be controlling within the limits of the city.
(Ord. 020-2004-109; Code 2007
The code hereby adopted shall be enforced by the director of emergency services.
(Ord. 010-2004-149; Code 2007)
(a) Wherever the word municipality is used in the code hereby adopted, it shall be held to mean the City of Hesston.
(b) Article 13, Fireworks, of the Fire Prevention Code is hereby deleted in its entirety.
(Ord. 130-1969-007, Sec. 2; Code 1990)
(a) The governing body shall be the final determiner of the scope and meaning of all provisions of the fire prevention code which may be unclear, ambiguous, or requiring interpretation.
(b) The director of emergency services shall have power to modify any of the provisions of the fire prevention code upon application in writing by the owner or lessee or his or her authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code. In approving modifications, the director of emergency services shall see that the spirit of the code is observed, public safety secured and substantial justice done. The particulars of a modification when granted or allowed and the decision of the director of emergency services thereon shall be entered upon the records of the director of emergency services and a signed copy shall be furnished to the applicant.
(Ord. 010-2004-149; Code 2007)
It shall be unlawful for any person to build or kindle a fire within the city limits except in parks or on private property in ovens, stoves, or grills made for that purpose. This section shall not apply to fire department activities, Cross Winds Conference Center and/or in areas zoned agricultural or residential suburban that are inspected and authorized by the Director of Emergency Services or designee prior to burning. Burning of trash or lumber is prohibited.
(Ord. 20-2004-113, Sec. 1; Code2007)
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 1990)
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. The director of emergency services may in the interest of commerce issue a temporary permit allowing such depositing, stacking or storing of hay or straw for the purpose of conducting a sale.
(Ord. 010-2004-149; Code 2007)
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 1990)
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 1990)
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 1990)
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 1990)
It shall be the duty of the director of emergency services to inspect or cause to be inspected by fire department officers or members, as often as may be necessary 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.
(Ord. 010-2004-149; Code 2007)
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 director of emergency services 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 director of emergency services shall report the matter to the city attorney and he or she shall, if he or she deems it advisable, prosecute the offender.
(Ord. 010-2004-149; Code 2007)
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 director of emergency services 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.
(Ord. 010-2004-149; Code 2007)