CHAPTER VII. FIRE PROTECTIONCHAPTER VII. FIRE PROTECTION\ARTICLE 2. FIRE PREVENTION

That a certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Russell, being marked and designated as the International Fire Code, 2012 edition, including Appendix Chapters B,C,D,E,F,G,H,I,J (see International Fire Code Section 101.2.1, 2012 edition), as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Russell, in the State of Kansas; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the City of Russell are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this article. The filed copies of the code shall be marked or stamped “Official Copy as adopted by Ordinance No. 1873.” All sections or portions of the filed copies of the code shall be clearly marked to show deletions, amendments and revisions of the code. No fewer than three (3) copies of the code incorporated by reference in this article shall be kept on file in the office of the City Clerk and kept available for inspection by the public at all reasonable business hours.

(Code 1983; Ord. 1561; Ord. 1599; Ord. 1873)

Revisions to the International Fire Code, 2012 edition, incorporated by Section 7-201 are as follows:

(a)   Section 101.1 Insert: City of Russell, Kansas, for name of Jurisdiction.

(b)   Section 109.4. Is amended to read: Violation penalties are set forth in the Code for the City of Russell at Chapter VII, Article 2 at 7-208.

(c)   Section 111.4. Insert: Not less than $50 dollars nor more than $500 dollars.

(d)   Section 108. Board of Appeals is amended to read in full as follows:

       The City governing body shall be the board of appeals. Any reference in the International Fire Code shall be construed to refer to the governing body. The governing body shall hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code. An application for appeal shall be based on a claim that the true intent of the code or the rules legally adopted thereunder have been incorrectly interpreted, the provision of the code do not fully apply or an equivalent method of protection or safety is proposed. The governing body shall have no authority to waive requirements of the code.

(e)   Appendix A is deleted.

(Code 1973, 6-203; Ord. 1873)

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

(Ord. 1873)

The geographic limits referred to in certain sections of the 2012 International Fire Code are hereby established as follows:

(a)   Section 5704.2.9.6.l is amended to read as follows:

       Storage of Class I and Class II liquids in above-ground tanks outside of buildings is allowed only within areas designated under city zoning laws as a P, I-1, or I-2 district and the Russell County Hospital. Such storage is prohibited in all other districts in the city.

(b)   Section 5706.2.4.4 is amended to read as follows:

       Locations where above-ground tanks are allowed. The storage of Class I and Class II liquids in above-ground tanks is allowed only within areas designated under city zoning laws as a P, 1-1, or 1-2 district and the Russell County Hospital. Such storage is prohibited in all other districts in the city.

(c)   Section 5806.2 is amended to read as follows:

       Limitations. Storage of flammable cryogenic fluids in stationary containers outside of buildings is allowed only within areas designated under city zoning laws as a I-1 or I-2 district and the Russell County Hospital. Such storage is prohibited in all other districts in the city.

(d)   Section 6104.2 is amended to read as follows:

       Maximum capacity within established limits. Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a capacity of 2,000 gallons - I-1 and 1-2 districts.

(Ord. 1873)

The chief of the fire department shall have power to modify any of the provisions of the code hereby incorporated 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 chief of the fire department thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant.

(Code 1973, 6-205)

The fire Limits of the city are hereby established as follows:

Beginning at a point on Fossil Street and Union Pacific Railway; Thence, west along the south side of the Union Pacific Railway to Lincoln Street; Thence, south along the east side of Lincoln Street to Wisconsin Avenue; Thence east, along the north side of Wisconsin A venue to the alley between Main Street and Maple Street; Thence, south along the alley to Third Street; Thence, along the north side of Third Street to Kansas Street; Thence, north along the west side of Kansas Street to Seventh Street; Thence, along the north side of Seventh Street to Elm Street; Thence, north along the west side of Elm Street to Eighth Street; Thence, along the north side of Eighth Street to Fossil Street; Thence, north along the west side of Fossil Street to the point of beginning, the same being all of Blocks 59, 60, 61, 70, 75, 88, 113, 104, 95, 86, 87, 66, 69, 67, 78, 68, 76, and 77, and the East one-half of Blocks 94, 105, 112, all in the Original Town of the City of Russell, Kansas.

(Code 1973, 5-101)

For the regulating of the exterior storage of combustible materials including firewood logs, lumber at other than retail lumberyards, packing crates, paperboard cartons, baled combustible wood products or by-products, and any combustible material that may constitute a fire hazard:

(a)   Combustible materials as mentioned above shall not be stored, stacked or set against, or be within four feet of any combustible structure, building, residence, shed, garage, outbuilding, or upon any porch or beneath any porch of a private residence or any other building.

(b)   Such materials shall be stored, stacked or piled in an orderly manner, with weeds, grass and other vegetation within the immediate area removed.

(c)   The storage, stacking or piling of such materials shall not be closer than five feet from any property line.

(d)   Firewood logs:

(1)   The width of the stack or pile of firewood logs shall not be in excess of the cut log.

(2)   The length of the stack or pile shall not be in excess of 100 feet.

(3)   The height of the stack or pile of logs shall not be over six feet high from the ground.

(4)   There shall be a minimum clearance of 24 inches on all sides between each stack or pile of logs.

(e)   The storage of combustible materials, firewood logs, baled wood products or by-products, when stored for the purposed of resale, either retail, wholesale or for sale to recycling agencies, shall be stored only after the owner or operator shall obtain a permit from the city for such storage and such storage shall be subject to the fire code regulations including suitable fire protection equipment, as directed by the chief or his or her authorized inspectors.

(f)   This regulation shall not conflict, supercede or alter any existing regulation prohibiting the exterior or interior accumulations of combustible, flammables, rubbish, trash, or materials liable to be fired.

(Ord. 1452, Sec. 1)

The fire chief or his or her authorized inspector acting under his or her authority and control, shall, when an alleged violation of section 7-207 is brought to the attention of the city, cause a general fire inspection letter to be sent to the proper individual informing them of the violation of the fire code, and setting a reasonable length of time for the individual to comply with the regulation, based on the nature and danger of the hazard as it exists, if any.

(Ord. 1452, Sec. 2)

The penalty for failure to comply in abating the hazard in the time allotted as provided in section 7-207 shall be in accordance with existing city codes providing for penalties for noncompliance. Each 10 days the prohibited conditions exist shall constitute a separate offense.

(Ord. 1452, Sec. 3)

Any person who shall violate any of the provisions of the code incorporated by reference in section 7-201 of this article or provisions of the remainder of this article, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the governing body of the city, or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine of not less than $50 nor more than $500. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and when not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense.

The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

(Code 1973, 6-213; Code 2017)