There is hereby adopted and incorporated by reference, for the purpose of establishing rules and regulations for conditions hazardous to life and property from fire and explosion, the International Fire Code, 2018 Edition, promulgated and published by the International Code Council, except as amended in Section 7-202, including Appendices C, D, and I, but not any other of its appendices.
(Code 1987; Ord. 902; Code 2016; Ord. 1079)
The International Fire Code, adopted by Section 7-201, is hereby changed, altered, modified or otherwise amended as follows:
(1) Section 101.1 of the International Building Code is hereby changed to read as follows:
Section 101.1 Title. These regulations shall be known as the Fire Code of the City of Chapman, Kansas, hereinafter known as “this code”.
(2) Section 109 of the International Fire Code is hereby deleted.
(3) Section 110.4 of the International Fire Code is hereby deleted.
(4) Section 112.4 of the International Fire Code is hereby changed to read as follows:
Section 112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to the penalties outlined in Section 2-304.
(5) Section 403.5 of the International Fire Code is hereby changed to read as follows:
Section 403.5 Group E Occupancies. An approved fire safety and evacuation plan in accordance with Section 404 shall be prepared and maintained for Group E occupancies and for buildings containing both Group E and an atrium. Group E occupancies shall comply with Sections 403.5.1 through 403.5.3 and Kansas State Fire Marshal Administrative Regulations.
(6) Section 405.2 of the International Fire Code is hereby changed to read as follows:
Section 405.2 Frequency. Required emergency evacuation drills shall be held at the intervals specified in Table 405.2 or more frequently where necessary to familiarize all occupants with drill procedures.
Exception: Fire and evacuation drill shall be conducted in Group E public and private schools and educational institutions, except community colleges, colleges and universities, as required by the Kansas Office of the State Fire Marshal.
(7) Section 903.4.2 of the International Fire Code is hereby changed to read as follows:
Section 903.4.2 Alarms. Approved audible/visual devices shall be connected to every automatic sprinkler system. Such sprinkler water-flow devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Alarm devices shall be provided on the exterior of the building directly above the fire department connection or an approved location. Where a fire alarm system is installed, the actuation of the automatic sprinkler system shall actuate the building fire alarm system.
(8) Section 904.12.5.3 of the International Fire Code is hereby changed to read as follows:
Section 904.12.5.3 Fusible link and sprinkler head replacement. Fusible links and automatic sprinkler heads shall be replaced at lease annually, and other protection devices shall be serviced or replaced in accordance with the manufacturer’s instructions. Replaced links and heads shall be left on site with the required service tag for verification by the fire code official.
Exception: Frangible bulbs are not required to be replaced annually.
(9) Section 1010.1.9.4 Locks and latches. Locks and latches shall be permitted to prevent the operation of doors where any of the following exist:
1. Places of detention or restraint.
2. In buildings in occupancy Group A having an occupant load of 300 or less, Group B, F, M and S, and in places of religious worship, the main exterior door or doors is permitted to be equipped with thumb turn operated locking devices from the egress side provided:
a. A readily visible durable sign is posted on the egress side on or adjacent to the door stating: THIS DOOR TO REMAIN UNLOCKED WHEN BUILDING IS OCCUPIED. This sign shall be in letters one inch on a contrasting background.
b. Doors other than those regulated by Exception 2 in Group B, F, M and S, and in places of religious worship, having an occupant load of 500 or less, the secondary exterior door or doors is permitted to be equipped with thumb turn operated locking devices from the egress side.
c. Doors serving rooms or spaces accessory to Group A occupancies not in the means of egress for the Group A occupancy, are permitted to be equipped with thumb turn operated locking devices from the egress side.
d. The use of the key-operated or thumb turn locking device is revocable by the fire code official for due cause.
3. Where egress doors are used in pairs, approved automatic flush bolts shall be permitted to be used, provided that the door leaf having the automatic flush bolts has no doorknob or surface mounted hardware. The unlatching of any leaf shall not require more than one operation.
4. Doors from individual dwelling units or sleeping units of Group R occupancies having an occupant load of 10 or less are permitted to be equipped with a night latch, dead bolt or security chain, provided such devices are openable from the inside without the use of a key or tool.
5. Fire doors after the minimum elevated temperature has disabled the unlatching mechanism in accordance with listed fire door test procedures.
6. Doors serving roofs not intended to be occupied shall be permitted to be locked, preventing entry to the building from the roof.
(10) Section 1011.12 of the International Fire Code is hereby changed to read as follows:
Section 1011.12 Stairway to roof. In buildings four or more stories above grade plane, one stairway shall extend to the roof surface, unless the roof has a slope steeper than four units vertical in twelve units horizontal (33 percent slope) or unless deemed not necessary by the building official. In buildings without an occupied roof, access to the roof from the top story shall be permitted to be by an alternating tread device.
(11) Section 1015.4 of the International Fire Code is hereby changed to read as follows:
Section 1015.4 Opening limitations. Required guards shall not have openings that allow passage of a sphere 4 ½ inches (114 mm) in diameter from the walking surface to the required height.
Exceptions:
1. The triangular openings at the open side of a stair, formed by the riser, tread and bottom rail shall not allow passage of a sphere 6 inches (152 mm) in diameter.
2. At elevated walking surfaces for access to and use of electrical, mechanical and plumbing systems or equipment, guards shall not have openings that allow passage of a sphere 21 inches (533 mm) in diameter.
3. In areas that are not open to the public within occupancies in Group 1-3, F, H or S, and for alternating read devices and ships ladders, guards shall not have openings that allow passage of a sphere 21 inches (533 mm) in diameter.
4. In assembly seating areas, guards required at the end of aisles in accordance with Section 1029.17.4 shall not have openings that allow passage of a sphere 4 ½ inches (114 mm) in diameter up to a height or 26 inches (660 mm). From a height of 26 inches (660 mm) to 42 inches (1067 mm) above the adjacent walking surfaces, guards shall not have openings that allow passage of a sphere 8 inches (203 mm) in diameter.
(12) Section 1030.1 Exemption 1 of the International Fire Code is hereby deleted.
(13) Section 1103.5.1 of the International Fire Code is hereby deleted.
(Code 1987; Ord. 1079)
The code hereby adopted shall be enforced by the chief of the fire department.
(Code 1987)
(a) That no person, within the city limits of the City of Chapman, Kansas, shall cause or permit the open, free, burning of any material except as provided in Kansas Administrative Regulation 28-19-645 et seq. and subject to the following:
(b) The person starting said burn must give prior notification to the Chapman Fire Department, City of Chapman, Kansas by contacting Dickinson County Emergency Communications Center at 785-263-4041 or 1-888-800-0417, providing the following information:
(1) Name, address, phone number of person responsible for burn.
(2) Exact location of intended open burning operation.
(3) Type of material being burned.
(4) Time of burning operation. Person must call in and a permit issued by the Fire Chief or their subordinate prior to starting the burn.
(c) The responsible person shall remain in continuous attendance with the burning operation and with the ability to extinguish the fire and report its status if necessary to the Dickinson County Emergency Communications Center.
(d) No burning shall take place within 25 feet of any structure, oil tank or vehicle(s).
(e) No burning shall take place when wind speeds are 15 miles per hour or greater.
(f) Burning shall not be initiated from two hours prior to sunset or until one hour after sunrise, nor shall material be added to the fire during these times, unless conducted for agricultural or crop rotation purposes.
(g) No person shall set on fire, within the city limits, any rubbish, trash, leaves, grass, paper, construction material, or any other combustible materials at any time. Free burning of residential yards and grasses are prohibited. Only dried tree limbs, dried trees and clean lumber may be burnt.
(h) The Fire Chief may issue and approve burn permits based on their opinion, depending on location, time, and materials being burnt.
(i) Burning of any type or character shall be prohibited at any time or place within the city limits when county burn ban is in effect as declared by the Fire Chief.
(j) That a violation of the Rules for Open Burning contained herein shall be a Class B misdemeanor with a fine not to exceed $1,000.00 and/or up to six months incarceration. Prosecution shall be in the Municipal Court of the City of Chapman, Kansas. Further, any person starting said fire without complying with the above may be ordered to make restitution for any damages done including fire department fees and expenses.
(k) Recreational Fires. Recreational fires do not need a burn permit or inspection from the Fire Chief.
Noted Exceptions:
(1) These restrictions shall not apply to a residential fireplace, outdoor fireplace, recreational fire as defined in the International Fire Code and is conducted under the circumstances and conditions specified by the Herington Fire Department.
(2) Charcoal, gas, or wood burners or broilers used in the preparation of food.
(3) Fire rings, pits, and outdoor fireplaces must be at least 15 inches tall and no more than 36 inches in diameter. Fire flame length may not be taller than 24 inches in height and have a lid to contain blowing embers.
(4) Fires may not be located under utility lines.
(5) Only clean, dried wood may be burnt during a recreational fire.
(6) A working garden hose, fire extinguisher, or a means to extinguish the fire must be present and operational.
(7) Commercially purchased outdoor fireplaces must be at least 15 feet from any structure, vehicle or oil tank. Fire pits and rings must be at least 25 feet from any structure, vehicle, or oil tank. Conditions that could cause the fire to spread must be eliminated prior to ignition.
(8) The responsible person shall remain in continuous attendance with the burning operation and with the ability to extinguish the fire and report its status if necessary to the Dickinson County Emergency Communications Center.
(9) Burning of any type or character shall be prohibited at any time or place within the city limits at any time that a county burn ban is in effect as declared by the Fire Chief.
(Ord. 574, Sec. 1; Code 2016; Ord. 1009; Ord. 1073)
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 1961, 6-106; Code 1987)
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 1987)
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 ref use and trash from rooms where packing or unpacking is done shall be removed daily.
(Code 1987)
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 1987)
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 ref uses, neglects or f ails to stop the engine of such vehicle shall likewise be guilty of a violation of this code.
(Code 1987)
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 1961, 6-103; Code 1987)
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 1961, 6-108; Code 1987)
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 f ire, 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 1987)
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 f ire 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 proper ty owner and/or occupant.
(Code 1987)