CHAPTER VII. FIRECHAPTER VII. FIRE\ARTICLE 1. FIRE PREVENTION

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 International Fire Code, 2009 edition, as published by the International Code Council. No fewer than three (3) copies of the 2009 Edition of the International Fire Code, shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Hoisington” and shall be filed with the City Clerk and open to inspection and available to the public at all reasonable hours of business.

(Ord. 1291, Sec. 1; Code 2006; Code 2012)

The code hereby adopted shall be enforced by the chief of the fire department.

(Ord. 838, Sec. 2; Code 1985)

(a)   Wherever the word municipality is used in the code hereby adopted, it shall be held to mean the City of Hoisington.

(b)   Article 13, Fireworks, of the Fire Prevention Code is hereby deleted in its entirety.

(Ord. 838, Sec. 3; Code 1985)

The chief of the fire department shall have power to modify any of the provisions of the code hereby adopted upon application in writing by the owner or lessee, or his or her duty authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the chief of the fire department thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant.

(Ord. 838, Sec. 6)

Any permit required by the code hereby adopted shall be obtained from the office of the city clerk prior to doing the thing for which the permit is required, and the applicant shall pay a permit fee of $10.00 for each permit applied for and obtained.

(Ord. 838, Sec. 8)

Whenever the chief of the fire department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply, or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief to the governing body within 30 days from the date of the decision appealed.

(Ord. 838, Sec. 7)

It shall be unlawful to store, keep, or have within the city limits, the product known as anhydrous ammonia.

(Ord. 918, Sec. 1)

(a)   In non-residential zoned districts only and when approved by the Fire Chief, storage and dispensing of liquefied petroleum gas from a single tank per site having a capacity of not more than one thousand gallons may be permitted outside and aboveground when installed pursuant to this section.

(b)   Such tanks, installation and all equipment related thereto shall be in compliance with Uniform Fire Code Standard 82-1.

(c)   Such tanks shall be safeguarded from public access or unauthorized use by the construction of an approved safety fence.

(Ord. 1378)

(a)   The governing body of the City of Hoisington recognizes the desire of the citizens of Hoisington to use and enjoy outdoor fireplaces and recreational fires and yet prohibit burning of brush, rubbish and other garbage within the City of Hoisington’s corporate boundaries.

(b)   The governing body adopts the following definitions from the International Fire Code for use in this section:

(1)   Portable Outdoor Fireplace: A portable, outdoor solid fuel burning fireplace that may be constructed of steel, concrete, clay or other non-combustible material.  A portable outdoor fireplace may be open in design, or may be equipped with a small hearth opening and a short chimney or chimney opening in the top.

(2)   Recreational Fire: An outdoor fire burning materials other than rubbish or brush where the fuel being burned is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, barbecue grill or barbecue pit and has a total area of three feet or less in diameter and two feet or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes. 

(c)   The City of Hoisington has developed the following policies governing the regulation and enforcement of this section.

(1)   Portable outdoor fireplaces shall not be operated within 15 feet of a structure, property line, public right of way or combustible materials.

(2)   Portable outdoor fireplaces shall not be used on a combustible deck and shall be used in accordance with any applicable manufacturer’s recommendations, subject to the limitations described herein and shall be placed on a non-combustible surface that is at least one and one-half (1.5) times larger than the size of the portable fire pit.

(3)   Recreational fires must be enclosed by some noncombustible fire ring at least one foot in height above the ground and shall not be constructed within 25 feet of a structure, property line, public right of way, or combustible materials.

(4)   Outdoor fireplaces, other than portable, must be constructed of noncombustible materials and shall not be constructed within 15 feet of a structure, property line, public right of way, or combustible materials unless constructed under the provisions of the International Fire Code.

(5)   Outdoor fireplaces, portable or otherwise, shall not be larger than four-feet in diameter.

(6)   Outdoor fires that are offensive or objectionable because of smoke emissions or when atmospheric conditions or local circumstances make such fire hazardous shall be prohibited.

(7)   Combustible materials which could cause a fire to spread shall be eliminated or at least mowed short in the immediate area prior to ignition.

(8)   Only clean, dry and seasoned firewood can be used for fuel.  Firewood can be no longer than two feet long.

(9)   Trash, garbage, leaves, brush, asphalt, petroleum products, paints, rubber products, plastics, paper, cardboard, treated wood, construction debris, metal or any substance that normally releases toxic emissions, dense smoke, or obnoxious odors when burned shall not be used as fuel.

(10) While a fire is burning or smoldering, it must be attended at all times until it is completely extinguished. 

(11) Buckets, shovels, a garden hose or a fire extinguisher shall be readily available for use while a fire is burning or smoldering.

(12) Burn bans by Barton County or the City of Hoisington shall be strictly enforced and would prohibit outdoor and recreational burning in the City of Hoisington’s corporate boundaries.

(13) Burning may be prohibited when wind speeds are in or expected to be in excess of 15 miles per hour.

(14) Before any recreational fire can be ignited, the City’s designee must approve of permitting the fire.  This permitting does not imply safety but ensures that the fire complies with local regulations.  There is no charge for this review.  This does not apply to the use of a barbecue grill.

(15) The height and size limitations are not intended to prohibit bonfires for pep rallies, community events or other special occasions which offer protections which the City’s designee feels are adequate.  Any exceptions necessary to accommodate bonfires at these events are issued at the discretion of the City’s designee.

(16) Anyone utilizing or maintaining an outdoor fire shall be responsible for all fire suppression costs and any other liability resulting from the damaged by the fire.

(17) A person shall not maintain any outdoor burning from Midnight to 8:00 AM, unless permitted and approved by the City’s designee.

(d)   Upon conviction of a violation of this section, the defendant shall be fined or imprisoned, or both, pursuant to the general penalty provision of the Code of the City of Hoisington, Kansas, Section 1-116.

(Ord. 1514)