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 Uniform Fire Code, edition of 1994, including all the Appendix chapters, and the Uniform Fire Code Standards, and the National Fire Codes of the National Fire Protection Association (NFPA) 1994 and amendments hereafter, Fire Protection Association (NFPA) 1997 land amendments hereafter, published by the Western Fire Chiefs Association and the International Conference of Building Officials, being particularly the 1994 editions thereof and the whole thereof, save and except such portions as hereinafter deleted, modified or amended by section 7-203 of this article three copies which Code and Standards have been and are now filed in the office of the clerk of the City of Mount Hope, Kansas, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the city.
(a) “Open burning” is defined as the burning of any combustible material on any premise which the products of combustion resulting from the burning are emitted directly into the ambient air, which may be injurious to human health, animal or plant life, or property; or may unreasonably interfere with the enjoyment of life or property; or cause a fire hazard.
(b) “Outdoor burning” means burning in an outdoor appliance unit.
(c) “Clean lumber” means natural wood which has not been painted, varnished or coated with a similar material; has not been pressure treated with preservatives; and does not contain resins or glues as in plywood or other composite wood products.
(d) “Outdoor appliance unit” means a chimney, patio warmer or other portable wood-burning device used for outdoor recreation and/or heating.
(Code 1994; Ord. 235-2017)
(a) Wherever the word municipality is used in the code hereby adopted, it shall be held to mean the City of Mount Hope.
(b) Article 13, Fireworks, of the Fire Prevention Code is hereby deleted in its entirety.
(c) 7-202 is revised to include definition of open burning, outdoor burning, clean lumber, outdoor appliance unit.
(d) 7-204a and 7-204b is revised to include outdoor burning.
(Code 1994; Ord. 235-2017)
(a) Open burning is prohibited in the city limits, unless a permit therefore is obtained from the city clerk.
(b) The city clerk shall not issue a permit until a standard application form is filed with the fire chief. The fire chief shall approve the application and return the same to the city clerk if the application complies with this article. The fire chief may add conditions for health and safety purposes.
(c) Open burning is allowed subject to the conditions of the application and the following conditions:
(1) The burn pile must consist only of tree limbs, brush and clean lumber;
(2) The wind must be less than 15 miles per hour;
(3) Burning must be done during daylight hours;
(4) Fire Department personnel must approve the burn pile and be present for the initial burn;
(5) Fire must be supervised at all times by the approved applicant until the fire is completely extinguished;
(6) The applicant must notify the adjacent neighbors prior to burning.
(d) Violation of this article shall be punishable by a fine no less than $50 or more than $250.
(e) The fire chief has the authority to modify conditions for burning in agriculture zoned areas of the city.
(Ord. 94-11-8, Secs. 1:5; Ord. 235-2017)
(a) The use of a commercial or retail outdoor appliance unit which produces an open burn for the use of cooking, heating or ceremonial purposes on public or private lands regularly used for recreation and only used in accordance with the intended clean lumber or fuels for which they manufacturer designed them for and are in a sound and mechanical condition with no alterations or missing parts which would render it unsafe or a hazard.
(b) The use of a homemade or shop built outdoor appliance unit which produces an open burn for the use of cooking, heating or ceremonial purposes on public or private lands regularly used for recreation that are built with proper exhaust stacks and/or spark arresters and other safety equipment as to minimize fire hazard or personal injury to the operator or others and to only use clean lumber or fuels; and approved by the Fire Chief or designated representative of the fire department whom may inspect said appliance as often as deemed necessary for alterations and safety concerns and at their discretion deem the appliance a hazard and inoperable in which continued use is a violation of this article.
(c) The outdoor appliance unit shall be located at least 25 feet from the nearest structure which is not on the same property as the outdoor appliance unit.
(d) A person utilizing or maintaining an outdoor burn shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire.
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.
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.
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.
It shall be unlawful to store ashes inside of any non-fireproof 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.
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 therefrom 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 7-212 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.