The International Fire Code, 2006 Edition, prepared by the International Conference of Building Officials and the Western Fire Chiefs’ Association, is hereby adopted by reference for the purpose of regulation of conditions hazardous to life and property from fire and explosion including the Appendix thereof, as stated in the “City of Chapman Official Copy.” No fewer than three copies of the International Fire Code shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Chapman,” 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 1987; Ord. 902; Code 2016)

The code hereby adopted shall be enforced by the chief of the fire department.

(Code 1987)

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

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

(Code 1987)

(a)   That no person, within the city limits of the City of Chapman, Kansas, shall cause or permit the open, free, burning of any material except as provided in Kansas Administrative Regulation 28-19-645 et seq. and subject to the following:

(b)   The person starting said burn must give prior notification to the Chapman Fire Department, City of Chapman, Kansas by contacting Dickinson County Emergency Communications Center at 785-263-4041 or 1-888-800-0417, providing the following information:

(1)   Name, address, phone number of person responsible for burn.

(2)   Exact location of intended open burning operation.

(3)   Type of material being burned.

(4)   Time of burning operation. Person must call in and a permit issued by the Fire Chief or their subordinate prior to starting the burn.

(c)   The responsible person shall remain in continuous attendance with the burning operation and with the ability to extinguish the fire and report its status if necessary to the Dickinson County Emergency Communications Center.

(d)   No burning shall take place within 25 feet of any structure, oil tank or vehicle(s).

(e)   No burning shall take place when wind speeds are 15 miles per hour or greater.

(f)   Burning shall not be initiated from two hours prior to sunset or until one hour after sunrise, nor shall material be added to the fire during these times, unless conducted for agricultural or crop rotation purposes.

(g)   No person shall set on fire, within the city limits, any rubbish, trash, leaves, grass, paper, construction material, or any other combustible materials at any time. Free burning of residential yards and grasses are prohibited. Only dried tree limbs, dried trees and clean lumber may be burnt.

(h)   The Fire Chief may issue and approve burn permits based on their opinion, depending on location, time, and materials being burnt.

(i)    Burning of any type or character shall be prohibited at any time or place within the city limits when county burn ban is in effect as declared by the Fire Chief.

(j) That a violation of the Rules for Open Burning contained herein shall be a Class B misdemeanor with a fine not to exceed $1,000.00 and/or up to six months incarceration. Prosecution shall be in the Municipal Court of the City of Chapman, Kansas. Further, any person starting said fire without complying with the above may be ordered to make restitution for any damages done including fire department fees and expenses.

(k)   Recreational Fires. Recreational fires do not need a burn permit or inspection from the Fire Chief.

Noted Exceptions:

(1)   These restrictions shall not apply to a residential fireplace, outdoor fireplace, recreational fire as defined in the International Fire Code and is conducted under the circumstances and conditions specified by the Herington Fire Department.

(2)   Charcoal, gas, or wood burners or broilers used in the preparation of food.

(3)   Fire rings, pits, and outdoor fireplaces must be at least 15 inches tall and no more than 36 inches in diameter. Fire flame length may not be taller than 24 inches in height and have a lid to contain blowing embers.

(4)   Fires may not be located under utility lines.

(5)   Only clean, dried wood may be burnt during a recreational fire.

(6)   A working garden hose, fire extinguisher, or a means to extinguish the fire must be present and operational.

(7)   Commercially purchased outdoor fireplaces must be at least 15 feet from any structure, vehicle or oil tank. Fire pits and rings must be at least 25 feet from any structure, vehicle, or oil tank. Conditions that could cause the fire to spread must be eliminated prior to ignition.

(8)   The responsible person shall remain in continuous attendance with the burning operation and with the ability to extinguish the fire and report its status if necessary to the Dickinson County Emergency Communications Center.

(9)   Burning of any type or character shall be prohibited at any time or place within the city limits at any time that a county burn ban is in effect as declared by the Fire Chief.

(Ord. 574, Sec. 1; Code 2016; Ord. 1009; Ord. 1073)

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 1961, 6-106; Code 1987)

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 1987)

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 ref use and trash from rooms where packing or unpacking is done shall be removed daily.

(Code 1987)

It shall be unlawful to store ashes inside of any nonfireproof 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 1987)

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 ref uses, neglects or f ails to stop the engine of such vehicle shall likewise be guilty of a violation of this code.

(Code 1987)

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 1961, 6-103; Code 1987)

It shall be the duty of the fire 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 1961, 6-108; Code 1987)

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 f ire, or shall find or discover any violation of this chapter or any other law 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 law, 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.

(Code 1987)

Any order made under section 7-212 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 f ire 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 proper ty owner and/or occupant.

(Code 1987)