Chapter VII · Fire

ARTICLE 2. FIRE PREVENTION

Sections 7-201 to 7-214 · 15 sections

7-201 Fire prevention code; incorporated.

The NFPA 101, Life Safety Code, 2003 Edition, is hereby adopted by reference for the purpose of regulation of conditions hazardous to life and property from fire and explosion and made a part of this article as authorized and in the manner prescribed by K.S.A. 12-3009 through 12-3012. No fewer than three copies of the Life Safety Code, 2003 Edition, shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Baldwin City,” and shall be on file with the city clerk to be open to inspection and available to the public at all reasonable hours of business. Any person violating any provision of the above code shall be punished as provided by section 1-118 of the city code.

(Ord. 1116, Sec. 1; Code 2005)

7-201a International fire code; incorporated.

The International Fire Code, 2003 Edition, is hereby adopted by reference for the purpose of regulating fire department access, fire hydrant placement, automatic sprinkler systems, fire alarm systems, hazardous materials storage and use, and fire safety requirements for new and existing buildings and made a part of this article as authorized and in the manner prescribed by K.S.A. 12-3009 through 12-3012. No fewer than three copies of the International Fire Code, 2003 Edition, shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Baldwin City,” and shall be filed with the city clerk to be open to inspection and available to the public at all times at all reasonable hours of business.

Any person violating any provision of the above code shall be punished as provided by section 1-118 of the city code.

(Code 1116, Sec. 1; Code 2005)

7-202 Fire prevention code; enforcement.

The code hereby adopted shall be enforced by the fire department, police department, and/or designated city official.

(Ord. 1048A, Sec. 1; Code 2005)

7-203 Same; amendments.

Wherever the word municipality is used in the code hereby adopted, it shall mean the City of Baldwin City.

(Ord. 1048A, Sec. 1; Code 2005)

7-204 Unlawful to burn trash or garbage.

(a)It shall be unlawful to burn trash or garbage within the city limits. Trash service is available for all residents.

(b)It shall be unlawful to burn or bury construction materials or construction debris within the city limits.

(Ord. 1048A, Sec. 1; Code 2005)

7-205 Open burning of combustibles.

(a)The fire limits, as defined in Section 4-101 of the City Code, remain unchanged. No burning of leaves, straw, grass, or limbs under four inches in diameter may occur within the fire limits.

(b)In that portion of the city outside the fire limits, it shall be lawful to burn leaves, straw, grass, or limbs under four inches in diameter in a careful manner so as not to endanger property and then only between the hours of 6:00 an. and 6:00 p.m., and only after the owner or tenant/occupant of the property on which the burning is to occur has obtained a burning permit from the city.

(c)A property owner intending to burn leaves, straw, grass, or limbs under four inches in diameter must first obtain a permit from the City to do so on a specific date. There shall be no fee for such permit; however, only twenty-five (25) permits may be issued within the city limits for any specific date. Such permits shall be valid for a period of 72 hours, with such start and stop dates and times noted on the face of the permit. When twenty-five permits have been issued for a specific date, any further applicants must apply for a different date. The permit must be available for presentation upon request to law enforcement, code enforcement, or fire inspection personnel.

(d)Each property owner or tenant/occupant may obtain a maximum of ten permits per calendar year.

(e)Permits to burn leaves, straw, grass, or limbs under four inches in diameter shall not be valid during periods when Douglas County and/or the City of Baldwin City have issued burn bans for any purpose including but not limited to dry or windy weather conditions.

(f)In that portion of the city outside the fire limits, no leaves, straw, grass, or limbs under four inches in diameter shall at any time be burned in any street or alley in the city having a hard surface (asphalt, brick, or concrete).

(g)First violations of this ordinance shall catty a $25.00 fine enforceable by Baldwin City Municipal Court. This initial fine shall not include court costs. Further violations of this ordinance shall be a Class C violation under Article 1, Section 118 of the Code of the City of Baldwin City.

(h)Entities that receive burn permits from the Kansas Department of Health & Environment for burning vegetation waste at a specific location are specifically exempt from the provisions of this ordinance.

(i)Any burning of leaves or yard waste shall be performed at least twenty (20) feet away from any structure or automobile.

(Ord. 1206; Code 2008; Ord. 1221)

7-206 Keeping of packing materials.

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.

(Code 1985)

7-207 Storage of ashes.

It shall be unlawful to store ashes inside of any nonfireproof building unless they are stored in an incombustible 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 1985)

7-208 Filling gasoline tanks of motor vehicles.

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 1985)

7-209 Fire hazards generally.

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 1985)

7-210 Same; inspections to discover.

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 but not less than once a year in outlying districts and once a year in the closely built portions of the city, 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.

(Ord. 1048A, Sec. 1; Code 2005)

7-211 Abatement of fire hazards; issuing order.

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 1985)

7-212 Same; service of order; records.

Any order made under section 7-211 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 delinquent.

(Code 1985)

7-213 Mobile home parks; fire protection.

Standards for fire protection, use of portable fire extinguishers and location of fire hydrants in mobile home parks shall be as follows:

(a)Each mobile home park shall be subject to the rules and regulations of the city and the fire prevention code of the city;

(b)Portable fire extinguishers of a type approved by the fire chief shall be kept in the service building and in such other buildings or locations named by the fire chief, and shall be maintained at all times in a good operating condition;

(c)Standard fire hydrants shall be located within 400 feet of each mobile home park.

(Code 1971, 8-113; Code 1990)

7-214 Incorporating standard for recreational vehicle parks and campgrounds.

There is hereby incorporated by reference for the purpose of providing standards for fire safety for recreational vehicle parks within the corporate limits of the city that certain standard known as NFPA 1194 Standard for Recreational Vehicle Parks and Campgrounds, 1999 Edition as prepared by the National Fire Protection Association, Inc. No fewer than three copies of such standard ordinance shall be marked or stamped “Official Copy as Adopted by Ordinance No. 798” and filed with the city clerk to be open to inspection and available to the public at all reasonable hours. The fire department, municipal judge, and all administrative departments of the city charged with enforcement of the ordinance shall be supplied, at the cost of the city, such number of official copies of the standard ordinance as may be deemed expedient.

(Ord. 1048A, Sec. 1; Code 2005)