(a)   The International Fire Code, 2015 Edition, as published by the International Code Council, together with Appendix A through Appendix J and Appendix L of the International Fire Code, and contained therein with amendments, is hereby adopted, of which copies have been and are now filed with the City as provided by law, and the same are adopted by reference and incorporated as a part of this chapter as if set out at length in this chapter, and the provisions of such Fire Code shall be controlling for the purpose of this chapter within the corporate limits of the city. The requirements of Appendix L shall apply to new buildings meeting the definition of a high rise building as specified in Section 202 of the International Fire Code, or in other new buildings where special hazards exist due to excessive area or restricted access whereby replenishing firefighter breathing apparatus air supplies will be unusually difficult as determined by the fire chief.

(b)   Whenever the word “jurisdiction” is used in the International Fire Code, it shall be held to mean the City of Ellis, Kansas.

(Ord. 1209, Sec. 1; Code 2005; Ord. 1426)

When this code conflicts with other codes, laws, ordinances or standards, as required by state and federal law, then the most restrictive requirement shall be applied.

(Ord. 1209, Sec. 2; Code 2005)

The fire code official shall be the fire chief, who may appoint deputies, including the firefighters in the classified service of the city. The fire chief shall have the authority of a police officer as needed to carry out the duties and requirements of this chapter, and may delegate this authority as needed. The police chief is authorized to assist the fire chief as necessary in enforcing the provisions of this chapter.

(Ord. 1209, Sec. 3; Code 2005)

(a)   Liquefied petroleum gas - Construction or temporary heating. Portable liquefied petroleum gas containers used for construction or temporary heating shall not exceed two 100-pound containers in any one location, except that the fire chief may permit larger quantities for special needs.

(Ord. 1209, Sec. 4; Code 2005; Ord. 1426)

(a)   The outdoor storage of flammable cryogenic fluids in stationary containers, as specified in section 3204.3.1.1 of the International Fire Code is prohibited within the city limits, except as specifically permitted by the zoning and subdivision regulations of the city.

(b)   The outdoor storage of class I flammable liquids and class II combustible liquids in above ground tanks, as specified in section 3404.2.9.5.1 of the International Fire Code, is prohibited within the city limits, except as permitted by the zoning and subdivision regulations of the city.

(c)   The storage of class I flammable liquids and Class II combustible liquids in above ground tanks, as specified in section 3406.2.4.4 of the International Fire Code, is prohibited within the city limits, except as permitted in the zoning and subdivision regulations of the city.

(d)   The storage and handling of liquefied petroleum gas, as specified in section 3804.2 of the International Fire Code, is prohibited within the city limits, except as permitted by the zoning and subdivision regulations of the city. Liquefied petroleum gas storage in industrial areas of the city shall not exceed five hundred (500) gallons at any one installation. Portable liquefied petroleum gas containers used for construction or temporary heating shall not exceed two (2) one hundred (100) gallon containers in any one location, except that the fire chief may permit larger quantities for special needs.

(e)   The storage and handling of explosives and blasting agents, as specified in section 3304 of the International Fire Code, is prohibited within the city limits, except as specifically permitted by the zoning and subdivision regulations of the city.

(f)   The manufacture, assembly and testing of explosives, explosive materials and fireworks, as specified in section 3305 of the International Fire Code, is prohibited with the city limits, except as specifically permitted by the zoning and subdivision regulations of the city.

(Ord. 1209, Sec. 5; Code 2005)

The fire marshal shall have power to modify any of the provisions of the Fire Prevention Code upon application in writing by the owner or lessee, or his or her duly 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 fire chief thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant.

(Code 1968, 7-407)

Whenever the fire 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 fire marshal of the fire department to the state fire marshal within 30 days from the date of the decision appealed.

(Code 1968, 7-408)

The mayor and the fire chief shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in the code. The fire chief shall post such list in a conspicuous place in his or her office and distribute copies thereof to interested persons.

(Code 1968, 7-409)

Violations and penalty provision contained in Section 109 and Section 111 of the International Fire Code shall not apply. Violations of this code, when contested shall be tried in the municipal court and the court shall have the power to issue penalties for said violations, as provided in Section 9-106 of this code.

(Ord. 1209, Sec. 6; Code 2005)

It shall be unlawful for any person to burn, or cause to be burned outdoors and within the city limits of the city, any trash (leaves, paper or other refuse or combustible material) of any kind whatsoever, except for the operation of an outdoor fireplace or apparatus used for cooking purposes while a responsible adult is personally present and in charge of such activity; provided, however, that nothing herein contained shall prevent burning of materials under the supervision of the Ellis Fire Department or any governmental unit.

(Code 1968, 8-507)

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 1968, 7-203; Code 1990)

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 1968, 7-206; Code 1990)

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 1968, 7-205; Code 1990)

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.

(Code 1968, 7-204; Code 1990)

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 1990)

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 1990)

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 1968, 7-207; Code 1990)

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 1990)

Any order made under section 7-219 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 1990)