A certain document, one of which is on file in the office of the City Clerk of Frontenac, Kansas, being marked and designated as the International Fire Code, 2018 edition, including Appendix B, C, D, E, and I, as published by the International Code Council, is hereby adopted as the Fire Code of the City of Frontenac, in the State of Kansas, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, 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 Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in Section 7-202 of the City Code of Frontenac, Kansas.

(Ord. 2007-10; Code 2021; Ord. 2023-02)

The following sections or sub-sections are hereby revised, added or deleted as follows:

Section 101.1 is amended to read:

       101.1 - Title

       These regulations shall be known as the Fire Code of the City of Frontenac, Kansas, hereinafter referred to as “this code.”

Section 109 is deleted

Section 110.4 is amended to read:

       110.4 - Violation penalties.

       Persons who violate a provision of this code or fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate issued under provisions of this code, shall be liable to a fine of not more than $500. Each day that a violation continues after due notice has been served shall be deemed a separate offence.111.4 - Failure to Comply

Section 112.4 is amended to read:

       112.4 - Failure to Comply

       Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than One Hundred Dollars ($100.00) or more than Five Hundred Dollars ($500.00).

Section 302.1, the following definition is added:

       Approved burning container. An approved burning container shall be one built of brick, cement, stone or metal, constructed in a manner to securely confine burning material, and all openings must be covered with steel netting one inch mesh or with a steel plate with no larger than one-inch holes therein. An approved burning container shall be used exclusively for the burning of combustible materials between the hours of 11:00 a.m. and 7:00 p.m. Items approved for burning in an approved burning container shall be limited to natural yard debris. The yard debris should be dry before it is burned, must be generated on the property through the normal cleaning of the property, and may not be transported from another location to that property.307.2 – Permit Required

Section 307.1 is deleted

Section 5704.2.9.6.1 is amended to read:

       5704.2.9.6.1 Locations where above-ground tanks are prohibited.

       The storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited within all zoning classifications except areas encompassed by the Industrial Zone district and only by special use permit.

Section 5706.2.4.4 is amended to read:

       5706.2.4.4 Locations where above-ground tanks are prohibited.

       The storage of Class I and II liquids in above-ground tanks is prohibited within all zoning classifications, except areas encompassed by the Industrial Zone district and only by special use permit.

Section 5806.2. is amended to read:

       5706.2 Limitations.

       The storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited within all zoning classifications.

Section 6104.2 is amended to read:

       6104.2 Maximum capacity within established limits.

       Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated areas, the aggregate capacity of any one installation shall not exceed a water capacity of 500 gallons. Tanks capable of a capacity in excess of 500 gallons are prohibited within all zoning classifications, except areas encompassed by the Industrial Zone district and only by special use permit.

(Ord. 2007-10; Code 2021; Ord. 2023-02)

The geographic limits referred to in certain sections of the 2006 International Fire Code are hereby established as follows:

(a)   Section 3204.3.1.1 The geographic limits in which the storage of flammable cryogenic fluids in stationary containers is prohibited is hereby established as follows: City Limits.

(b)   Section 3404.2.9.5.1 The geographic limits in which the storage of Class I and Class II liquids in above-ground tanks outside of buildings is prohibited is hereby established as follows: Tanks capable of holding in excess of 500 gallons are prohibited in all zoning districts except those zoned industrial unless such tanks lawfully existed prior to the adoption of this article.

(c)   Section 3406.2.4.4 The geographic limits in which the storage of Class I and Class II liquids in above-ground tanks is prohibited is hereby established as follows: Tanks capable of holding in excess of 500 gallons are prohibited in all zoning districts except those zoned industrial unless such tanks lawfully existed prior to the adoption of this article.

(d)   Section 3804.2 The geographic limits in which the storage of liquefied petroleum gas is restricted for the protection of heavily populated or congested areas is hereby established as follows: Tanks capable of holding in excess of 500 gallons are prohibited in all zoning districts except those zoned industrial.

(Ord. 2007-10; Code 2021)

(a)   It shall be unlawful for any person to set fire or burn, in the open, any brush, hay, straw, leaves, grass, weeds, paper, shavings, rubbish or other combustible material upon or in any alley, street, avenue, road, or public ground, or upon any private property, within the limits of the City of Frontenac, unless permission so to do shall first have been procured from the Frontenac Fire Chief, or his/her designee and such person setting the fire or burning such materials shall remain in constant attendance thereon until such fire is completely extinguished.

Nothing in this section shall prohibit the burning of trash or rubbish on private property between the hours of two o’clock (2:00) p.m. and seven o’clock (7:00) p.m. when such trash or combustible material is burned in a safely constructed enclosure, which for the purpose of this article shall be termed an “approved trash burner”.

In the event a fire is being burned in either an open or approved trash burner that results in excess smoke, causing a nuisance, the Fire Chief or his/her designee may require the fire be extinguished in order to eliminate the nuisance.

An “approved trash burner” shall be one built of brick, cement, stone or metal, constructed in a manner to securely confine burning material, and all openings must be covered with steel netting one inch mesh or with steel plate with no large that one inch holes therein. Trash burners shall be located, with reference to lot lines, in accordance with the Zoning Ordinance of the City of Frontenac.

The burning of garbage, greasy or oily paper, old fruits or vegetable, is absolutely prohibited.

Nothing in this section shall prohibit the Frontenac Fire Chief or his/her designee from burning or causing to be burned dry weeds or grass from vacant lots anywhere within the limits of the City of Frontenac when, in his/her opinion the same is a hazard to other property and notice has been provided of the intent to do the same.

(b)   Penalty. Any person violating the provisions of this section shall, upon conviction thereof, be fined any sum not exceeding $100.00.

(Ord. 2007-02; Code 2021)

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 2021)

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 2021)

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 2021)

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 2021)

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 2021)

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 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 2021)

Any order made under section 7-210 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 2021)