CHAPTER VII. FIRECHAPTER VII. FIRE\ARTICLE 1. FIRE PREVENTION

There is hereby adopted and incorporated by reference, for the purpose of establishing regulations, governing conditions hazardous to life and property from fire or explosion, that certain code and standards known as the International Fire Code, 2009 Edition, save and except for such portions as hereinafter deleted, modified or amended. The International Fire Code, 2006 Edition, is made a part of the ordinances and code of the city as if the same had been set out in full herein, all as authorized and in the manner prescribed by K.S.A. 12-3009 through 12-3012 including any amendments thereto. At least one copy of the International Fire Code shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Benton,” and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business.

(Code 2010)

(a)   The code hereby adopted shall be enforced by the chief of the police department.

(b)   MODIFICATIONS. The chief of the police department/district or his designated agent shall have power to modify any of the provisions of the code hereby incorporated in Section 7-101 above, 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 modifications when granted or allowed and the decision of the chief of the police department/district or his designated agent thereon shall be entered upon the records of the department/district and a signed copy shall be furnished to the applicant.

(c)   APPEALS.  Whenever the chief of the police department/district or his designated agent shall disapprove an application or refuse to grant a license or permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant my appeal from the decision of the chief of the police department/district or his designated agent to the governing body within 30 days from the date of the decision.

(d)   PENALTIES.

(1)   Any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith, 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 city council or by a court of competent jurisdiction, within the time affixed herein, shall severally for each and every such violation of this code be punishable by a fine of not more than $100 or by imprisonment for not less than 5 days nor more than 30 days or by both such fine and imprisonment.  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.

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

(Code 1991; Ord. 4-1993)

(a)   Wherever the word municipality is used in the code hereby adopted, it shall be held to mean the City of Benton.

(b)   Article 13, Fireworks, of the Fire Prevention Code is hereby deleted in its entirety.

(Code 1991)

(a)   For the purpose of this section the following words shall mean:

(1)   Garbage - without limitation any accumulation of animal, fruit, or vegetable waste matter that results from the handling, preparation, cooking, serving, delivering, or use of foodstuffs.

(2)   Trash - combustible waste consisting of, but not limited to: papers, cartons, boxes, barrels, wood, excelsior, furniture, bedding, rags, leaves, yard trimmings, or tree branches and non-combustible waste consisting of, but not limited to, metal, tin, cans, glass, crockery, plastics, sweepings.

(b)   It shall be unlawful for any person to burn or incinerate garbage, trash, leaves, grass, or any other materials outdoors within the city without obtaining a prior written approval of the police chief or his designated agent.

(Code 2010; Ord. 4-1993)

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 1991)

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 1991)

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 1991)

It shall be unlawful to store ashes inside of any non-fireproof 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 1991)

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 1991)

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 1991)

It shall be the duty of the police 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 1991)

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 police 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 police 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 1991)

Any order made under section 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 property owner and/or occupant.

(Code 1991)