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

(a)   The following shall be and are hereby declared to be the fire limits:

       On Washington Street between Second Street and Third Street on the east half of Block 18 and on the west half of Block 19.

(b)   Every building hereafter erected or enlarged within the fire limits shall be enclosed on all sides with walls constructed of stone, brick, tile, terra cotta, concrete, or cement block, except as otherwise provided herein.

(c)   No frame building shall be moved from without to within the fire limits. For the purpose of this section, a building shall be classed as frame when the exterior walls or portions thereof are of wood; also, a building with wooden framework veneered with brick, stone, terra cotta, tile or concrete, or wood covered with plaster, stucco or sheet metal shall be classed as a frame building.

(d)   Any frame building within the fire limits, which may hereafter be damaged by fire, decay or otherwise to an amount greater than 50 percent, exclusive of its foundation, shall not be repaired or rebuilt, but shall be removed.

(e)   All buildings hereafter erected within the fire limits shall have the roof, top and sides of all roof structures, including dormer windows and mansard roofs, covered with incombustible material. No existing wooden shingle roof within the fire limits shall be renewed or repaired with other than incombustible roof covering.

(f)   One-story building having metal walls on metal supports and not exceeding 2,500 sq. ft. in area, may be built within the fire limits provided however, that such buildings shall not be located within 10 feet of any other building, or adjoin property line.

(Ord. 385; Ord. 428; Code 2018)

(a)   It is unlawful for any to maintain any bonfire or any rubbish fire or authorize any such fire to kindled or maintained on any public sidewalk, street, alley, road or other public ground except in authorized fireplaces in city park locations, unless permission from the city Council or fire chief shall have first been obtained.

(b)   Open burning to be allowed within the City limits on private property when the following guidelines have been met.

(1)   The fire is not within 25 ft of any structure or fuel source.

(2)   No such fire shall be started unless there is a supply of running water at the fire's site.

(3)   Wind speeds for the day are not expected to exceed 15 MPH.

(4)   Open burns are not permitted during times when a Red Flag Warning is issued.

(5)   The fire is called in to McPherson County Dispatch, and they confirm wind speeds acceptable for a controlled bum and the request is documented.

(6)   Flames must be extinguished before dark, unless fire is contained to a fire pit or ring 48 inches or less in diameter and flames do not reach in excess of 6 ft.

(7)   Open burns contained to a fire pit or ring do not have to be called into dispatch. However, it is the responsibility of the party burning to know wind speeds and whether or not a Red Flag Warning has been issued.

(c)   The fire chief maintains all authority to refuse a person to open burn within City limits.

(d)   Any person found to be in violation of this section and upon on conviction thereof, shall be fined an amount no less than $25.00 but not exceed $100.00.

(Ord. 471; Ord. 472; Code 2018; Ord. 2024-002)

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 2018)

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 2018)

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 2018)

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 2018)

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 2018)

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 2018)

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 2018)

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 2018)

Any order made under section 7-210 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 2018)