There is hereby adopted and incorporated by reference, The National Fire Protection Association NFPA 1 Fire Code, the most current edition of which has been prepared and published in book form by the National Fire Protection Association. No fewer than three copies of said National Fire Protection Association NFPA 1 Fire Code shall be marked or stamped “Official Copy as Incorporated by the Code of the City of McLouth, Kansas,” with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change and to which shall be attached a copy of this ordinance, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours.
(Ord. 2010-12; Code 2012)
There is hereby adopted and incorporated by reference, the National Fire Protection Association NFPA 101 Life Safety Code, 2000 edition, which has been prepared and published in book form by the National Fire Protection Association. One copy of said National Fire Protection Association NFPA 101 Life Safety Code, shall be marked or stamped “Official Copy as Incorporated by the Code of the City of McLouth, Kansas,” with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change and to which shall be attached a copy of this provision, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours.
(Ord. 2010-13; Code 2012)
The code hereby adopted shall be enforced by the chief of the fire department.
(Code 2012)
Wherever the word municipality is used in the code hereby adopted, it shall be held to mean the City of McLouth.
(Code 2012)
(a) Open burning within the City Limits shall be permitted only under the following conditions:
(1) A permit must first be obtained from the City Clerk during normal business hours, and from the Fire Chief or Assistant Fire Chief at all other times.
(2) Issuance of a permit shall be at the discretion of the City Clerk or Fire Chief or Assistant Fire Chief, and based upon the Fire Danger Index for the day requested. The Fire Danger Index is based upon current temperature, wind speed and humidity conditions.
(3) Permits shall be valid for one calendar year.
(4) Burning shall be permitted only during daylight hours.
(5) Burning shall be limited to brush, tree limbs, lumber, leaves. paper and cardboard materials may be burned only in an enclosed container covered by a wire mesh or similar, non-combustible material.
(b) This section shall apply to all residential and commercial persons and entities.
(c) Violation of this section shall be enforced by any member of the Police Department, Fire Department, or city building inspector, irrespective of how reported or discovered. Violators shall be issued a Notice To Appear in Municipal Court.
(d) Violation of this section shall constitute a code violation, with the maximum penalty to be a determinate jail term of not more than 30 days, and/or a fine not to exceed $500. Each separate date of a violation shall constitute a distinct and separate offense, punishable as a separate violation.
(Ord. 2001-04; Code 2012)
(a) No person shall burn or permit the burning of vegetation, leaves, waste, or other combustible material except as permitted under section 7-205 and this section. A recreational fire does not include small, self-contained oil fueled devices such as a “Tiki torch” or lantern, provided that in the judgement of the Fire Chief, the burning of said devices is done in a safe and responsible manner.
(b) A recreational fire, defined as an outdoor fire burning permitted materials and contained within an incinerator, outdoor fireplace, portable outdoor fireplace/pit, barbecue grill or barbeque pit, or otherwise suitable metal structure not more than three (3) feet in diameter and two (2) feet in height, is permitted, so long as:
(1) The fire consists only of seasoned dry firewood to minimize the generation of air contaminants. The fire shall not be used for waste disposal purposes;
(2) The fire is constantly attended by an adult of at least eighteen (18) years of age, and is at no point left unattended;
(3) Fire extinguishing equipment is available at all times while the fire is burning; and
(4) The fire is not permitted to burn within twenty feet of a structure.
(c) Notwithstanding the provisions of this Section, the Fire Chief is empowered to extinguish any fire that, in his discretion, presents a hazardous or objectionable situation to the public at large.
(d) Violations of subsections (a) and (b) of this Section are punishable by a fine of no more than $500 for a first offense, and $1,000 for a second and any subsequent offenses.
(Ord. 2016-10)
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.
(Ord. 145; Code 1984, 7-106; Code 2012)
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.
(Ord. 145; Code 1984, 7-106; Code 2012)
Packing material shall be kept in metal or wood metal-lined bins having self-closing automatic covers. Refuse from businesses or other facilities where packing or unpacking is performed shall be removed on a daily basis.
(Ord. 145; Code 1984, 7-107; Code 2012)
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.
(Ord. 145; Code 1984, 7-106; Code 2012)
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 2012)
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 2012)
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 2012)
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 2012)
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 2012)