That certain model code, a copy of which is on file in the office of the city clerk of the City of Russell, being marked and designated as the International Fire Code 2018 edition, including Appendix Chapters B, C, D, E, F, G, H, I and J (see International Fire Code, Section 101.2.1, 2018 edition), as published by the International Code Council, Inc. be and is hereby incorporated by reference herein and made a part of this Article, save and except such portions and Appendix as are hereinafter or may hereafter be amended, revised or deleted as authorized and in the manner prescribed by the statutes of the State of Kansas. At least one (1) copy of the code incorporated by reference in this Article shall be kept on file in the office of the city clerk and kept available at reasonable business hours for inspection by the public. The filed copy of the code shall be marked or stamped “official copy as Incorporated by Ordinance No. 1974”. All sections or portions of the filed copy of the code shall be clearly modified to show deletions, amendments and revisions of the code.

(Code 1983; Ord. 1561; Ord. 1599; Ord. 1873; Ord. 1974)

The following revisions and deletions are made to the International Fire Code, 2018 edition, incorporated by Section 7-201:

(a)   Section 101.1 Insert “City of Russell, Kansas” as the name of the Jurisdiction.

(b)   Section 109 Board of Appeals is deleted in its entirety and replaced by the following: Board of Appeals. The City governing body shall be the board of appeals. Any reference in the International Fire Code to the board of appeals shall be construed to refer to the City’s governing body. Applications for appeal shall be obtained from the fire code official and shall be filed with the fire code official within 20 days after Applicant’s receipt of a decision from which an appeal is taken. 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 the requirements of this code are adequately satisfied by other means. The governing body shall have no authority to waive requirements of the code.

(c)   Section 110.4 is amended to read in full as follows: Violation penalties are set forth in the Code for the City of Russell at Chapter VII, Article 2 Section 7-208.

(d)   Section 112.4. Insert “not less than $100 or more than $1,000”.

(e)   Section 903.2.1.3 is supplemented to insert the following exception: Exception for Facilities Primarily used for religious purposes. A fire sprinkler system is not required for areas used primarily for religious purposes, where the exit discharge of the main floor area is located at the same level as the level of exit discharge of the main entrance and exit, regardless of the size of the fire area and the number of occupants, as long as the entire building where the space is located in is equipped throughout with a fully automatic fire system.

(f)   Section 1103.5.1 Fire Sprinklers in Existing Group A-2 Occupancies is deleted

(g)   Appendix A, K, L, M and N are deleted.

(Code 1973, 6-203; Ord. 1873; Ord. 1974)

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 2018 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 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 the area designated under city zoning laws a P, I-1 or I-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 a P, 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 restriction 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 in I-1 or I-2 districts.

(Ord. 1873; Ord. 1974)

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 all of the incorporated area within the city limits.

(Code 1973, 5-101; Code 2018)

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 2018)