The International Fire Code, 2018 Edition, including appendices B, C, D, E, F, G, and N, with certain provisions declared to be omitted, amended, or modified, as adopted by the Board of County Commissioners of Sedgwick County in Resolution No. 218-2019 as the Sedgwick County Fire Code, 2019 Edition, is hereby adopted by the City of Andale, Kansas. One copy of said code along with the amendments made in section 7-202 have been and are now filed in the office of the City Clerk and the said codes are hereby adopted and incorporated as if fully set out herein at length as authorized in the manner provided by K.S.A. 12-3009 et seq.

(Ord. 84-7; Ord. 91-3; Ord. 93-2; Ord. 96-5; Ord. 5-1; Code 2021; Ord. 22-1)

The International Fire Code, 2018 Edition is amended by adopting those changes, deletions, and additions contained in Resolution No. 218-2019 of the Board of County Commissioners of Sedgwick County, Kansas, adopted October 2, 2019.

(Ord. 5-1; Code 2021; Ord. 22-1)

It shall be the duty and responsibility of the City Building Inspector to supervise and enforce the provisions of the aforementioned fire code. The Mayor, with the consent of the governing body, may appoint such building inspector and such assistant or deputy building inspectors as shall from time to time be deemed necessary. The assistant and deputy building inspectors shall be under the supervision and control of the Building Inspector and subject to such rules and regulations as may from time to time be adopted by the City Council. To be eligible for the appointment of the building inspector position, the applicant shall have some experience as a licensed professional engineer, architect, building inspector, contractor or have been engaged in building construction or contracting. Whenever the word “Building Official” is utilized in the adopted code, it shall mean the Building Inspector or his duly appointed deputies or assistants. The Building Inspector and his deputy or assistant shall be appointed for terms of one year.

(Ord. 96-5; Ord. 5-1; Code 2021)

(a)   It shall be unlawful for any person to conduct or permit within the City of Andale, Kansas, any open burning of any materials wherein contaminates resulting from such combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber as described in subsection (b); provided that such open burning prohibition shall not apply to (1) open fires for cooking or ceremonial purposes in facilities constructed specifically for such purposes on public or private premises used for recreational purposes, provided that any such fire so started shall be extinguished and made safe before the person starting or maintaining the same shall leave the place where the fire was started, (2) or the burning of combustible material in indoor fireplaces.

(b)   An enclosed chamber device or structure used for the destruction, or volume reduction of garbage, rubbish, solid liquid or solid waste materials by combustion pursuant to disposal or salvaging operations may be used, provided that such device has multiple chambers consisting of three or more refractory-lined combustion furnaces in series, physically separated by refractory walls, interconnected by gas passage ports or ducts and employing adequate design parameters necessary for maximum combustion of the material to be burned, or complies with any alternative state regulations applicable to incinerators.

(c)   It shall be prima-facie evidence that the person who owns or controls property on which open burning occurs has caused to permit its said open burning.

(d)   Person, for purposes of this section, means every natural person, firm, co-partnership, association or corporation.

(e)   Any person, individual, partnership, corporation or association who violates any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than Five Hundred ($500.00) dollars or by imprisonment for not more than one (1) year, or both.

(Ord. 74-4; Code 2021)

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 2021)

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 2021)

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 2021)

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 2021)

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 2021)

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 2021)

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 2021)

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 2021)

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 2021)