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, including all the Appendix chapters, and the Uniform Fire Code Standards, and the National Fire Codes of the National Fire Protection Association (NFPA) 1991 and amendments hereafter, Fire Protection Association (NFPA) 1991 land amendments hereafter, published by the Western Fire Chiefs Association and the International Conference of Building Officials, being particularly the 1991 editions thereof and the whole thereof, save and except such portions as hereinafter deleted, modified or amended by section 7-203 of this article two copies which Code and Standards have been and are now filed in the office of the clerk of the City of Ellinwood, Kansas, and the same are hereby adopted and incorporated as fully as if set out at length herein, and the provisions thereof shall be controlling within the limits of the city.
(Code 1975, 6-107; Code 1996)
The code hereby adopted shall be enforced by the chief of the fire department.
(Code 1975, 6-107; Code 1996)
(a) Wherever the word municipality is used in the code hereby adopted, it shall be held to mean the City of Ellinwood.
(b) All sections of the Uniform Fire Code relating to fireworks are hereby deleted in their entirety.
(Code 1996)
It shall be unlawful for any person to dispose of garbage, refuse or other combustibles by burning the same within the limits of the city at any time except under the following conditions:
(a) Burning under a permit issued by the Ellinwood Fire Department of those specified combustibles in an approved type or designed incinerator but subject to the provisions of subsection (c) below.
(b) Burning periods as established and allowed by the fire chief but subject to the provisions of subsection (c) below.
(c) All burning activities will be allowed under (a) and (b) subject to compliance with the following:
(1) Burning will be allowed during the hours between 7:00 a.m. and 6:00 p.m., subject to the conditions of subsections (a) and (b);
(2) Burning will not be allowed during periods when the wind is in excess of 10 miles per hour;
(3) Burning will not be allowed in public trafficways or alleys;
(4) A charged water line must be at the burn site during burning activities;
(5) All burning activities must be supervised by a person over the age of 18 years and such a person of the legal age must be present during all burning activities;
(6) All applicable air quality control rules and regulations of the Kansas Department of Health and Environment.
(d) Any person who shall violate or perform any act declared to be unlawful as provided by this article shall be punished by a fine of not less than $25 nor more than $100. Each day’s violation of this section or any provision thereof shall constitute a separate offense.
(Ord. 8612, Sec. 1)
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 1996)
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 1996)
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 1996)
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 1996)
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 1996)
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, fireworks that may be shot into the air or propelled over the ground by explosive discharges or any device using blank cartridges.
(Code 1996)
(a) Except as provided in sections 7-303:306; it shall be unlawful for any person to keep, store, display for sale, fire, discharge or explode any fireworks.
(b) Nothing in this article shall be construed as applying to:
(1) Toy paper caps containing not more than .25 of a grain of explosive composition per cap;
(2) The manufacture, storage, sale or authorized use of signals necessary for the safe operation of railroads or other classes of public or private transportation;
(3) The military or naval forces of the United States or of this state while in the performance of official duty;
(4) Law enforcement officers while in the performance of official duty; or
(5) The sale or use of blank cartridges for ceremonial, theatrical or athletic events.
(Code 1975, 6-601; Code 1996)
(a) Section 7-302 of this article shall not apply to the firing or discharge of fireworks in the city between the hours of 8:00 a.m. and 12:00 p.m. on July 1st through July 4th.
(b) The governing body of the city may, in its discretion, grant permission at any time for the public display of fireworks by responsible individuals or organizations when such display or displays shall be of such a character and so located, discharged and fired as shall not be a fire hazard or endanger persons or surrounding property.
(c) It shall be unlawful for any person, firm or corporation to give any public display of fireworks without having first obtained a permit thereof.
(Code 1975, 6-602; Code 1996)
Any person who has first obtained a valid permit to sell fireworks within the city may do so between the hours of 8:00 a.m. and 12:00 p.m. commencing July 1st and through July 4th of each year.
(Code 1996)
(a) It shall be unlawful for any person to sell, display for sell, offer to sell or give away any type of fireworks within the city without first paying a fee of $5 per establishment or premises to the city clerk and applying for and securing a permit therefor on or before June 25th of the permit year.
(b) No permit shall be issued for any location where retail sales are not permitted under the zoning laws. Prior to the issuance of the permit, an inspection will be made of the applicant’s facility for compliance with this chapter and other pertinent laws, and no permit shall be issued for any premises not in compliance with such laws. Upon qualifying for the permit, the permittee shall prominently display the same at the establishment or premises where fireworks are to be sold or displayed for sale. The permit fee shall not be refundable upon failure to qualify for the permit or withdrawal or cancellation of the application or permit.
(Ord. 8605, Sec. 1; Code 1996)
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 1996)
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 1996)
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 1996)
(a) Definition. The term “Fire Pit” includes below ground pits, free standing fireplaces, chimineas and portable devices intended to contain and control outdoor fires.
(b) It shall be unlawful to operate a fire pit in violation of any of the following conditions:
(1) All below ground fire pits shall be at least four inches in depth and shall be surrounded on the outside, above ground, by a noncombustible material such as steel, brick or masonry. Below ground fire pits cannot exceed three (3) feet in diameter and the fire shall not exceed two (2) feet in height.
(2) No fire pit shall be more than three (3) feet in diameter.
(3) Fire pits should be operated only on a non-combustible surface.
(4) Fire pits should be in good working order and well maintained.
(5) Fire pits should be covered with a screen with openings no greater than one inch, and any fire in the fire pit should be contained within the screen.
(6) Fire pits shall be at least ten (10) feet way from any structure.
(7) Fire pits shall not be operated within ten (10) feet from any condition that would cause the fire to spread including, but not limited to, log piles, overhanging trees and dry vegetation.
(8) A portable fire extinguisher or other fire extinguishing device, such as a water hose or water barrel, shall be immediately available.
(9) No burning in a fire pit is allowed when the wind speed is in excess of fifteen (15) miles per hour.
(10) No burning in fire pits shall be allowed when Barton County has placed a burning ban in effect.
(11) A competent adult shall be present at all times when a fire is being burned in a fire pit.
(12) Only natural firewood or commercial logs may be burned in a fire pit.
(13) Fire in a fire pit shall not emit offensive or objectionable smoke or odor.
(14) Fires may not be burned in a fire pit when atmospheric conditions or local circumstances create a hazard.
(15) No trash, refuse, rubbish or combustible waste shall be burned in a fire pit.
(c) Violation of this section shall constitute a Class B violation and be punishable as set forth in the Uniform Public Offense Code as adopted by the City. Additionally, any violation of this section may result in the violator being held responsible for all costs and damages suffered by any individual or entity including but not limited to the costs incurred by the Fire Department responding to a fire call resulting from the violation.
(Ord. 2015-2; Code 2022)