That a certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Sterling, Kansas being marked and designated as the International Fire Code (2006 edition), as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Sterling, in the State of Kansas regulation and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substance, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefore; 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 Sterling, Kansas are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with the additions, insertion, deletions and changes, if any, prescribed in Section 7-102.

(Ord. 2266; Ord. 2396; Code 2014)

The following sections of the International Fire Code are hereby revised:

Section 101.1 City of Sterling, Kansas

Section 109.3. Unclassified Misdemeanor, Not more than $1,000 or 179 days

Section 111.4. $100 or more than $1,000

(Ord. 2266; Ord. 2396; Code 2014)

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

Section 3204.3.1.1. (geographic limits in which the storage of flammable cryogenic fluids in stationary containers are prohibited): Within the said city limits of the City of Sterling, Kansas.

Section 3404.2.9.5.1 (geographic limits in which the storage of Class 1 and Class 11 liquids in above ground tanks outside of buildings are prohibited): Within the said city limits of the City of Sterling, Kansas.

Section 3406.2.4.4 (geographic limits in which the storage of Class 1 and Class 11 liquids in above ground tanks is prohibited): Within the said city limits of the City of Sterling, Kansas

Section 3804.2 (geographic limits m. which the storage of liquefied petroleum gas is restricted for the protection of heavily populated or congested areas): Within the said city limits of the City of Sterling, Kansas.

(Ord. 2266; Ord. 2396; Code 2014)

(a)   It shall be unlawful to burn trash, lumber, leaves, straw, grass, paper, paper products or any other material either solid, liquid or gaseous within the city, without first receiving permission from the fire chief of the city, or designee.

(b)   The fire chief, or designee, may on occasion declare periods of time as “burn time” in which leaves, grasses, branches, limbs and any other materials he may designate may be burned within the city subject to the terms, conditions and restrictions as may be imposed.

(Ord. 2266, Sec. 2)

It shall be unlawful for any person to stack hay or straw on any lot or piece of ground within the city in a greater quantity than one ton, nor within 50 feet of any building where a fire is kept; provided, no hay or straw in any quantity shall be stacked within the fire limits of the city; and provided further, it shall be the duty of the fire chief to inspect the premises where hay or straw is stacked or stored in any quantity outside the fire limits and he or she may direct and require the removal of relocation of the same when the public safety demands it.

(Ord. 2266, Sec. 3; Code 2001, 7-105)

It shall be unlawful for any person to allow to accumulate, or to keep in any part of any building or outside thereof and adjacent to any building or in any alley, sidewalk, street or premises, within 30 feet of any building any rubbish, trash, waste papers, excelsior, empty boxes, barrels, leaves, grass clippings, or other combustibles which shall constitute a fire hazard.

(Ord. 2266, Sec. 4; Code 2001, 7-106)

It shall be unlawful to keep excelsior or other packing material in any other than metal or wood metal line boxes or binds having self-closing or automatic covers. All refuse and trash from rooms where packing or unpacking is done shall be removed daily.

(Code 1972, 10-7; Code 2001, 7-107)

It shall be unlawful to store ashes inside of any nonfireproof building unless they are stored in an incombustible 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 receptacles or dumped in contact with or in close proximity.

(Code 1972, 10-8; Code 2001, 7-108)

The engines of motor vehicles shall be stopped when the fuel tanks of such vehicles are being filled with fuel at service stations or other places where fuel is supplied to motor vehicles. Further, all open flames, cigarettes, cigars, pipes or other smoking materials shall be extinguished when such vehicle is being filled with fuel. The driver or person in control of such vehicle when the fuel tank of same is being filled who refuses, neglects or fails to stop the engine of such vehicle or to extinguish such smoking materials shall be guilty of an offense.

(Ord. 2266, Sec. 5; Code 2001, 7-109)

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 ordinance or the provision of any ordinance 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 1972, 10-10; Code 2001, 7-110)

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 ordinance 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 ordinance, 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. If the party charged be convicted, he or she shall be punished as provided in section 1-112.

(Ord. 2266, Sec. 7; Code 2001, 7-111)

If the hazard, condition, or situation ordered abated and remedied is not a violation of, or a failure to comply with any ordinance, then the party against whom the order is made may within three days appeal to the governing body for a revocation or modification of the order. The governing body shall affirm, modify or revoke the order and file its decision thereon with the fire chief and the appellant within three days. If the governing body revokes the order, that shall end the particular complaint. The order, if affirmed or as modified, shall continue in full force. Any party against whom such order is made shall comply with the order within three days after the decision of the governing body upon appeal, or if no appeal is taken, within three days after the serving of the order. If any person fails to comply with such order, he or she shall be prosecuted in the municipal “ court and if the court finds the fire hazard or the condition or situation conducive to the outbreak or spreading of fire existed, and that the order to abate and remedy the same was served upon the accused, and that the accused failed to comply therewith as required by this chapter, the party accused shall be found guilty and shall be punished as provided in section 1-112; provided, if such order be not complied with within one week after the judgment of the court affirming such order, then each week or part of week after the first that the order is not complied with shall constitute a separate offense and upon conviction thereof, the guilty party shall be punished as provided in section 1-112.

(Ord. 2266, Sec. 8; Code 2001, 7-112)

Any order made under sections 7 -111 and 7-112 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 delinquent.

(Code 1972, 10-14; Code 2001, 7-113)