The 2012 edition of the International Fire Code (IFC) is hereby adopted by reference, excluding sections 603.8, 603.8.1, 903.3.1.3, 903.3.1.2.1, and 903.3.2.
(K.S.A. 12-3009 et seq., 12-3301 et seq.; Code 1988, § 6-201(a); Ord. 3325, § 1, 9-28-04; Ord 3462, 5-25-16; Code 2016, Sec. 38-66)
(a) There is hereby incorporated by reference for the purpose of fire prevention within the corporate limits of the City National Fire Protection Association Pamphlet No. 101 (Life Safety Code), all chapters, including all appendices, 2012 edition, except chapter 24.
(b) The fire department, police department, municipal judge and all administrative departments of the city charged with enforcement of such code shall be supplied, at the cost of the city, such number of official copies of the National Fire Protection Association Pamphlet No. 101, 2012 Edition, similarly marked, as may be deemed expedient.
(K.S.A. 12-3009 et seq., 12-3301 et seq.; Code 1988, § 6-201; Ord. 3055, § 1, 6-27-89; Ord. 3148, § 1, 4-12-94; Ord. 3325, § 1, 9-28-04; Ord 3462, 5-25-16; Code 2016, Sec. 38-67)
This article shall be enforced by the chief of the fire department.
(Code 1988, § 6-202; Code 2016, Sec. 38-68)
The chief of the fire department shall have the power to modify any of the provisions of the standards adopted by reference in this article upon application in writing by the owner or lessee, or the duly authorized agent of the owner or lessee, when there are practical difficulties in the way of carrying out the strict letter of this article. The spirit of this article 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 to the applicant.
(Code 1988, § 6-203; Code 2016, Sec. 38-69)
Whenever the chief of the fire department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of this article do not apply or that the true intent and meaning of this article have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the chief of the fire department to the city council within 30 days from the date of the decision appealed.
(Code 1988, § 6-204; Code 2016, Sec. 38-70)
(a) All open burning or fires are prohibited except as allowed by permit written by the Fire Chief or as defined below. Reference: IFC 105.1 Prohibited Fires IFC 307.1.1 General.
(b) Burning that is offensive or objectionable because of smoke is prohibited. Reference IFC 307.5 Extinguishment and Attendance
(c) All fires shall be constantly attended by a responsible party until the fire is fully extinguished. A minimum of one portable fire extinguisher with a minimum 4-A rating or other approved on-site fire extinguishing equipment such as dirt, sand, water barrel, garden hose or water truck shall be available for immediate use.
(d) Prohibited Materials (all types of burning):
(1) Plastics
(2) Garbage & construction waste
(3) Wire insulation
(4) Rubber (tires) etc.
(5) All petroleum based products
(6) Animal waste
(7) Food service & industrial waste
(8) Yard vegetation and debris
(e) Recreational Fires (IFC 307.4.2)
(1) Definition: A recreational fire is an outdoor fire burning materials other than yard debris, rubbish and prohibited materials where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbecue grill or barbecue pit and has a total fuel area of 3 feet or less in diameter and 2 feet or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes.
(2) A Fire Department permit IS NOT required.
(3) Recreational fires shall not be conducted within 25 feet of a structure or combustible material.
(4) Natural untreated wood is allowed for burning. Prohibited materials shall not be used as a fuel. (See paragraph (d))
(5) Recreational fires are permitted after dark.
(6) If a county burn ban is in effect no open burning or fires will be permitted.
(f) Recreational Fires (IFC 307.4.2)
(1) Definition: A portable, outdoor, solid-fuel-burning fireplace that may be constructed of steel, concrete, clay or other noncombustible material.
(2) A Fire Department permit IS NOT required.
(3) Example Units: Gas fired fireplaces, metal or stone chimeneas and commercial fire pits; may be of open top design, may be equipped with a small hearth and may have a short chimney or related products.
(4) The use of Portable Outdoor Fire Places may be used when the following precautions are taken.
(5) All manufactures’ suggestions, instructions and safety precautions are taken to ensure the unit operates as intended.
(6) If equipped, use with a screen to contain sparks and embers.
(7) Portable Outdoor Fireplaces shall not be operated within 15 feet of a structure or combustible material. (Exception: One & two family dwellings).
(8) Natural untreated wood is allowed for burning. Prohibited materials shall not be used as fuel. (See paragraph (d)).
(g) Portable Outdoor Fire Places (Recreational Fires) IFC 307.4.3
(1) Definition: A portable, outdoor, solid-fuel-burning fireplace that may be constructed of steel, concrete, clay or other noncombustible material.
(2) A Fire Department Permit IS NOT Required.
(3) Example Units: Gas fired fireplaces, metal or stone chimenea’s and commercial fire pits; may be of open top design, may be equipped with a small hearth, may have a short chimney or related products.
(4) The use of Portable Outdoor Fire Places may be used when the following precautions are taken.
(A) All manufactures’ suggestions, instructions and safety precautions are taken to ensure the unit operates as intended.
(B) If equipped, use with a screen to contain sparks and embers.
(C) Portable Outdoor Fireplaces shall not be operated within 15 feet of a structure or combustible material. (Exception: One & two family dwellings).
(D) Natural untreated wood is allowed burning. Prohibited materials shall not be used as fuel. (See paragraph (d)).
(E) Fires shall be attended and supervised at all times until fully extinguished.
(h) Open Flame (Outdoors) IFC 308.3
(1) Definition: Open flames such as citronella candles, lanterns, kerosene heaters, tiki torches and gas fired heaters shall not be located on or near decorative material or similar combustible materials. Burning devices shall be attended until extinguished.
(2) A Fire Department Permit IS NOT Required.
(A) Open-Flame Cooking Devices IFC 308.3.1
(1) Definition: Used for cooking food
(2) A Fire Department Permit IS NOT Required
(3) Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or with-in 10 feet of combustible construction.
(4) Exceptions: One- and two family dwellings or where buildings, balconies and decks are protected by an automatic sprinkler system.
(j) Liquefied-Petroleum-Gas-Fueled Cooking Devices IFC 308.3.1.1
(1) Definition: Used for cooking food
(2) A Fire Department Permit IS NOT Required
(3) LP-gas burners having an LP-gas container with a water capacity greater than 2.5 pounds shall not be located on combustible balconies or within 10 feet of combustible construction.
(4) Exception: One- and two family dwellings.
(k) Bonfires IFC 307.4.1
(1) Definition: A Bonfire is an outdoor fire used for ceremonial purposes.
(2) A Fire Department Permit IS Required
(3) Bonfires shall be inspected and approved by the Fire Chief.
(4) A permit from the Fire Chief shall be obtained prior to igniting.
(5) Bonfires shall not be located within 50 feet of a structure or combustible material unless the fire is contained in a barbecue pit.
(6) Natural untreated wood is allowed for burning. Prohibited materials shall not be used as a fuel. (See paragraph (h)).
(7) Bonfires shall be no greater than 3 feet in diameter and 2 feet in height.
(8) Bonfires shall be attended and supervised at all times until fully extinguished.
(l) Barbecue Pits IFC 307.4.1
(1) Definition: Used for cooking food
(2) A Fire Department Permit IS NOT Required.
(3) Barbecue pits outdoors shall be constructed of noncombustible materials or approved in- ground locations.
(4) Barbecue pits shall not be located within 50 feet of combustible structures or combustible material.
(5) Barbecue pits shall be no greater than 3 feet in diameter and 2 feet in height.
(6) Barbecue pits shall be attended and supervised at all times until fully extinguished.
(m) Sky Lanterns (Kongming Lanterns)
(1) Sky lanterns are also known as Kongming lanterns, wish lanterns, Chinese lanterns, sky candles or fire balloons. Sky lanterns are air borne paper lanterns that are a tradition found in some Asian cultures. They are constructed from oiled rice paper on a bamboo frame, and contain a small candle or fuel cell composed of a waxy flammable material. When lit, the flame heats the air inside the lantern, thus lowering its density causing the lantern to rise into the air. They are known to travel significant distances from the point of release.
(2) These devices meet the definition of recreational fires, such as defined in IFC Section 302.1 of the Fire Code. These devices require constant attendance as required in Section 307.5 of the Fire Code which states “open burning, bon fires, recreational fires and the use of portable outdoor fire places shall be constantly attended until the fire is extinguished…”
(3) There is a serious fire and safety hazard associated with sky lanterns, which includes the potential to start an unattended fire on or off the property from which they are released. A sky lantern cannot be controlled once released. These devises can reach an altitude of 1,500 feet and travel up to 20 miles from the point of release on natural wind currents.
(4) Use of these devices in the city limits of Iola, Kansas is prohibited unless anchored or tethered.
(Ord. 3172, § 1, 6-27-95; Ord. 3205, § 1, 5-27-97; Ord 3462, 5-25-16; Code 2016, Sec. 38-71)
Any building or structure or any part thereof may be demolished or removed in case of serious fire, and to prevent the spread thereof, upon the order of the fire chief. Any resident of the city may be called upon to aid in such demolishment and removal, and it shall be the duty of all persons so called to aid and obey the directions of the fire chief.
(Code 1988, § 6-205; Code 2016, Sec. 38-72)