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

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 2003, including all the Appendix chapters, and the Uniform Fire Code Standards, and the National Fire Codes of the National Fire Protection Association (NFPA) 2003 and amendments hereafter, Fire Protection Association (NFPA) 2003 land amendments hereafter, published by the Western Fire Chiefs Association and the International Conference of Building Officials, being particularly the 2003 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 Solomon, 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 code shall take effect, the provisions thereof shall be controlling within the limits of the city.

(Code 2007)

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

(Ord. 444; Code 1991, 6-202)

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

(b)   All sections of the Uniform Fire Code relating to fireworks are hereby deleted in their entirety.

(Code 1991, 6-203)

(a)   OPEN BURNING PROHIBITED. It shall be unlawful for any person to openly burn any combustible materials, including trash, leaves, lumber, straw, paper, boxes, grass, oils, tires, construction debris, tarpaper, shingles or similar substances within the city limits except as provided by this code.

(b)   PRIMA FACIE EVIDENCE. It shall be prima facie evidence that the person who owns or controls property on which open burning occurs has caused or permitted the open burning.

(c)   COOKING EXCEPTION. The provisions of (a) shall not apply to the building of open fires which are for cooking of foods, which are contained in a regularly used grill, food smoker, or fire ring designed and built for such fires with a diameter of less than 36 inches or when authorized as hereinafter set forth.

(d)   BURN BANS. The fire chief or his designee is hereby authorized to designate certain dates when open burning is banned within the city.

(e)   IMMEDIATE EXTINGUISHMENT. The fire chief or his designee may order the immediate extinguishment of any fire he believes is of such size, intensity, or type which makes it or the smoke therefrom a threat to the life or health of persons or which poses an unnecessary risk to the property of others or which violates the requirements of a burn permit. This authority may be exercised regardless of whether or not the person has or is required to have a burn permit.

(f)   RECREATIONAL EXCEPTION. The provisions of subsection (a) shall not apply to recreational fires under the following requirements:

(1)   The fire be attended and controlled at all times by a responsible sober adult

(2)   An adequate water supply for extinguishment is readily available.

(3)   The fire is fueled by clean dry wood only and is built in an area cleared of combustible vegetation and surrounded by a nonflammable containment ring with a diameter of no more than 48 inches.

(4)   The fire or its attendant’s recreational activity do not disturb the peace or safety of the community.

(g)   DISPOSAL PERMIT. The fire chief or his designee may issue a City of Solomon Disposal Bum Permit, valid for 7 days, for the disposal of yard wastes through the open burning of leaves, grass, bushes, limbs, weeds, or brush on property which:

(1)   Does not create an unreasonable risk to the life or health of others or which poses an unreasonable risk to the property of others.

(2)   Will be attended and controlled at all times by a responsible adult

(3)   An adequate water supply for extinguishment is readily available

(4)   The location of the fire is not within 150 foot of any oil or fuel tank

(5)   Such fire is commenced no earlier than one hour after sunrise. Fire must be extinguished by sunset.

(6)   Such fire will not be commenced and which shall be extinguished if the wind is less than 5 miles per hour or exceeds fifteen (15) miles per hour.

(7)   Permit holder shall contact the Dickinson County Emergency Communications Center prior to igniting any fuel to bum pursuant to Dickinson County Resolution number 062812A.

(h)   PENALTY. Any person commencing or conducting a fire in violation of this section, or who fails or refuses to extinguish a fire when ordered to by the fire chief or his designee, either in person or through a law enforcement officer, shall be guilty of a class B nonperson misdemeanor in the Solomon Municipal Court and may be subject to a fine of up to $1,000 and/or incarceration in the county jail for a term of up to six (6) months.

(i)    ENFORCEMENT. The fire chief or his designee shall immediately notify law enforcement of any fire which has been started or carried out in violation of this section. Any law enforcement officer responsible for the enforcement of city ordinances may upon their own motion or upon notification by the fire department, take appropriate law enforcement action regarding violations of this section. Law enforcement officers may issue a notice to appear in the municipal court to the person or persons believed to be in violation of this section. Upon request by law enforcement, the fire chief or his designee shall provide, without undue delay, a written statement regarding the facts and circumstances of the alleged violation. Law enforcement officers may order any fire extinguished upon direction through telecommunication device by the fire chief or his designee.

(j)    RESTITUTION. Any person starting an open fire without a permit or in violation of permit conditions may be subject to payment of restitution to the City of Solomon for the actual costs incurred by the fire department in responding to and/or extinguishing said fire. Such restitution may be ordered by the municipal court as part of a criminal case or as a civil collection pursuant to state law.

(k)   SUSPENSION. Any person or persons found in violation of this section, regardless of whether they are criminally prosecuted for the offense, may be suspended for a term of one year from the date of the violation from the conducting any type of burning in the City of Solomon. Any person suspended shall be notified in writing by the fire chief or his designee of the suspension as well as his right to appeal such suspension to the governing body within 30 days of notification.

(l)    PERMIT NON-TRANSFERABLE. Any bum permit, regardless of type, is non-transferable between different individuals. Any bum permit issued by the city is site specific and not transferable to any other address or location.

(m)  The provisions of this section shall be in addition to other city ordinances regarding burning and not an exclusive remedy.

(Ord. 444; Code 1991, 6-204; Ord. 690; Code 2016)

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.

(Ord. 444; Code 1991, 6-205)

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 2007)

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.

(Code 2007)

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 2007)

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 2007)

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 2007)

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 2007)

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 2007)

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.

(Code 2007)

(a)   Propane tanks used for supply of propane gas to property and buildings within the city limits of Solomon, Kansas, are permitted under the following conditions:

(1)   A building permit issued by the city clerk is required prior to installation of a propane tank.

(2)   The tank installation must be inspected by the building inspector for the city prior to filling the tank with propane.

(3)   The tank must be setback at least twenty-five feet (25’) from the side, front and back property lines.

(4)   The tank must be located at least ten feet (10’) from any building or residence.

(5)   The tank must be set on a concrete pad.

(b)   Propane tanks for BBQ grills and RV’s are exempt from these regulations.

(c)   The Fire Chief shall have the right and discretion to require a propane tank be removed, moved or replaced due to fire safety concerns.

(Ord. 634; Code 2016)