CHAPTER VII. FIRECHAPTER VII. FIRE\ARTICLE 2. FIRE PREVENTION

It shall be unlawful for any person to allow to accumulate or burn 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 to keep excelsior or other packing material in anything 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.

It shall be unlawful to store ashes inside of any non-fireproof building unless they are stored in a non-combustible 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.

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 there from in case of fire.

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.

Any order made under section 7-207 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 non-resident 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, the complaint with the municipal court against the property owner and/or occupant.

A person shall not cause, allow, or permit the open burning of vegetation, leaves, garbage, refuse, rubbish, straw, lumber, waste, structures, or any other combustible materials except as permitted by this Section and by Section 1102 of the Uniform Fire Code as adopted and amended by the City of Louisburg. The exceptions are as follows:

(a)   Leaves and yard debris may be burned at such times and under such conditions as set forth by a Resolution passed by the Governing Body. Provided that any such burning shall be attended at all times by the person who has set the fire, or his agent; that a person shall not initiate burning during the night hours, which for the purposes of this regulation shall mean the period from two hours before sunset until one hour after sunrise; that a person shall not add material to a fire after two hours before sunset and before one hour after sunrise; and that no person shall burn when the wind speed is in excess of 15 mph.

(1)   Open burning of leaves and yard debris shall be allowed on Fridays and Saturdays only.

(b)   The burning of wood, paper, or other materials commonly used in a residential fireplace or wood stove shall be permitted in an enclosed fireplace or wood stove, located entirely within an occupied structure and meeting all applicable building and fire code regulations.

(c)   Fires used for non-commercial preparation of food, such as barbecuing, provided that the fire is in a container or structure designed for that purpose and further provided that any burning of charcoal or other open-flame devices on combustible decks or balconies is allowed only at one and two-family dwellings or where the combustible balconies and decks are protected by an automatic sprinkler system, or as authorized by the Fire Chief.

(d)   The building of fires for cooking, recreational, or ceremonial purposes, on public or private lands regularly used for recreational purposes. Campfires in an approved camping area shall not be more than four feet in diameter at the base. Bonfires in an approved area shall not be more than ten feet in diameter at the base, provided that a larger base may be used if approved by the Fire Chief. The Fire Department shall be notified of a bonfire at least twenty-four (24) hours in advance.

(e)   Any burning may be required to be done by the City in the conduct of the affairs of the City.

(f)   The setting of fires for purposes related to the training of government or industrial personnel in firefighting procedures when such activity is approved by the Fire Department.

(g)   Notwithstanding any other provision of this Article, no burning of any type shall be permitted upon any public street, alley, curb, storm drainage facility, sidewalk, around or under any public utility, or other public rights-of-way except by the City in the conduct of the affairs of the City or upon approval by the Fire Chief.

There is hereby adopted and incorporated by reference, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion that the certain fire code known as the Uniform Fire Code, 1997 edition, as published by the International Code Council. At least one copy of said code shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Louisburg” and shall be filed with the City Clerk and open to inspection and available to the public at all reasonable hours of business.

(Code 2016)

The following sections of the Uniform Fire Code, 1997 edition, are hereby amended to read as follows:

1102.2.1   General. Unless otherwise authorized by the Fire Chief free-standing non- commercial incinerators not connected to buildings shall be in accordance with Section 1102.2. Incinerators shall be in accordance with other governing agencies regulating emissions. For other requirements and for other type of incinerators, see the Building and Mechanical codes. Also, it is specifically provided that any free-standing incinerator approved by the Fire Chief shall be permitted.

1102.2.2   Construction. Free standing incinerators shall be constructed of concrete or masonry and shall have a completely enclosed combustion chamber. Incinerators shall be equipped with a permanently attached spark arrester. The spark arrester shall be constructed of iron, heavy wire mesh, or other non-combustible material with openings not larger than ½ inch (12.7 mm). Provided that other types of construction and types of incinerators may be used if authorized by the Fire Chief.

The following section of the Uniform Fire Code, 1997 edition, are hereby amended to read as follows:

1101.3.1   General. Except as allowed under the provisions of Section 7-209 of the Code of the City of Louisburg, any open burning allowed shall be conducted in accordance with Section1102.3.1. No person shall cause or allow the open burning of any wastes or open burning of any item for the purpose of salvaging operations or on-site open burning of structures, vegetation or other combustible materials except when on-site open burning operations are carried out for the purpose of burning materials associated with land clearing operations, crop or game management practices, or construction projects carried out on the premises.

Provided that:

1.    Such burning is not specifically prohibited by the Kansas Department of Health & Environment, its official designated representatives, or other authorities having local jurisdiction in the matter where it is demonstrated to be in the best interest of public health and welfare.

2.    Such burning is carried out in accordance with the following guidelines:

2.1. Nature of material to be burned. The burning of heavy smoke producing material such as heavy oils, tarpaper, etc., is prohibited. The material to be burned should be stockpiled and dried to the extent possible before it is burned.

2.2. Meteorological conditions. Burning operations shall not be initiated until at least one hour after sunrise. Addition of material to the fire shall be limited to periods at least two hours prior to sunset. Burning shall not be carried out during inclement or foggy conditions or on very cloudy days. Cloudy days will be defined as overcast days (more than 0.7 cloud cover) with a ceiling of less than 2,000 feet. In addition, burning shall be restricted to periods when surface wind speed is more than 5 mph and less than 15 mph, and from a direction which will not carry the smoke over any occupied dwellings or public roadways or any airports within two miles of the burning site.

2.3. Location. The burning shall be carried out at least 100 feet from any occupied dwelling or public roadway and at least one mile from any airport.

2.4. Firebreaks. The burning of vegetation in providing a firebreak in pasture or other crop management may be allowed where necessary during evening or early morning hours in order to take advantage of calm wind conditions.

2.5. Safety. Burning shall be supervised until the fire is extinguished.

The following section of the Uniform Fire Code, 1997 edition, are hereby amended to read as follows:

1102.3.2   Notification. Open burning operations are conducted for a specific period of time and upon receipt of a permit from the Fire Department and compliance with the following:

1.    The name, address, and telephone number of the person responsible for the open burning operation.

2.    The exact location and type of open burning operation involved.

3.    The reason why the proposed operation is in the public interest and no alternative method is feasible.

4.    A description of the open burning operation including the estimated amount and nature of material to be burned each time; the proposed frequency, duration, and schedule of such burning; the size of the area to which the burning will be confined; and the method of igniting the material.

5.    A sketch indicating the location of the open burning with respect to all public roadways and dwellings within 1000 feet or less of the proposed operation and placing a notification on the door of each dwelling at least one day prior to burning.

6.    Evidence that such open burning has been approved by the Kansas Department of Health and Environment if required.

7.    Such burning is not carried out on any one parcel of land for a time period aggregating more than five days during any calendar year.

8.    Prior to commencement of each open burning, the Fire Department shall be notified.

The following section of the Uniform Fire Code, 1997 edition, are hereby amended to read as follows:

1102.3.3   Material Restrictions.    Open burning of rubbish containing paper products, petroleum-based products, or generating dense smoke or odor is prohibited. Material must be generated on the property through the “normal habitation” of said property and may not be transported from another location to said property and disposed of under this section. Furthermore, Section 1102.3.5 of the 1997 Uniform Fire Code is repealed.

The Chief of Police and any City Law Enforcement officer shall have the power to enforce the open burning restrictions and are specifically authorized to take whatever actions are deemed necessary to control any fire found to be burning in violation of said restrictions.

(a)   Any person who violates the provisions of section 7-209 may be cited for said violation by the Chief of the Louisburg Fire Department, Code Enforcement Officer, or by a City Law Enforcement Officer by the issuance of an appropriate citation.

(b)   A fine of not less than $50.00 or more than $500.00 shall be assessed upon conviction and in addition the violator may be assessed all costs incurred by the City in controlling any fire found to be burning in violation of section 7-209.