Chapter 7 · Fire

Article 2. Fire Prevention

Sections 7-201 to 7-211 · 11 sections

7-201 Fire prevention code incorporated.

There is hereby adopted by the governing body of the city, for the purpose of prescribing regulations, governing conditions hazardous to life and property from fire or explosion, that certain code and standard known as the Uniform Fire Code, edition of 1994, including all the Appendix chapters and the Uniform Fire Code Standards and the National Fire Codes of the National Fire Protection Association (NFPA) 1994 and amendments hereafter, Fire Protection Association (NFPA) 1994 and amendments hereafter, published by the Western Fire Chiefs Association and the International Conference of Building Officials, being particularly the 1994 editions thereof and the whole thereof, save and except such portions as hereinafter deleted, modified or amended by Section 7-203 of this article three copies which Code and Standards have been and are now filed in the office of the clerk of the City of Pleasanton, Kansas and the same are hereby adopted and incorporated as fully as if set out at length herein and from the date on which this article shall take effect, the provisions thereof shall be controlling within the limits of the city.

(Code 2014)

7-202 Same; enforcement.

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

(Code 2014)

7-203 Same; amendments.

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

(b)All sections of the Uniform Fire Code relating to fireworks are hereby deleted in their entirety.

(Code 2014)

7-204 Open burning.

(a)No person shall kindle or maintain any bonfire, or burn any papers, shavings, weeds, brush, grass, leaves or any other combustible material within the corporate limits of the City except in compliance with the following regulations:

(1)No fire permitted hereunder shall be left unattended by the person starting or maintaining it until it is completely extinguished.

(2)Burning may be commenced two hours after sunrise and all fires permitted hereunder shall be fully and safely extinguished by two hours after sunset.

(3)A sufficient method of extinguishment must be on site.

(4)Any permits required under local, state, or federal statute or regulation must be obtained. Linn County Sheriff's Office must be notified.

(5)Burning is limited to paper or wood products or a logically derived source therefrom, but not any lumber, building materials, roofing, or any other materials from a building or structure.

(6)It is illegal to burn tires.

(b)Nothing herein shall be construed as requiring a permit for or prohibiting a fire built in an outdoor fire ring, stove, oven, fireplace, barbeque, pit, or portable burner, provided that any such fire shall be extinguished and made safe before the persons starting or maintaining such fire shall leave the place where the fire was started.

(c)The Fire Chief of the City of Pleasanton, or his assistant in his absence, or his designee, or the City Administrator shall have the authority to issue and enforce hereunder a burn ban within the City whenever conditions indicate that such a ban is in the interest of the safety and well-being of the City and its residents. Such ban may be publicized through publication in the official newspaper; through the City’s official web site, through social media, and by posting a notice thereof at City Hall.

(d)Notwithstanding any of the above, no person shall engage in any outside burning, including burning in a fire ring, barrel, or portable burner, during periods when the State of Kansas is under a State-wide burning ban, or periods when Linn County is under a burn ban ordered by the County Fire Department or periods when the City is under a City-wide burn ban as described above.

(e)Any person violating this section shall be deemed guilty of a misdemeanor and shall be punished by a fine of up to $600. Additionally, a person found guilty of violating this article may be ordered to reimburse for any damages or costs incurred by any party, including the City or County, as a result of the violation.

(Ord. 2024; Code 2025)

7-205 Fire hazards generally.

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 2025)

7-206 Keeping of packing materials.

It shall be unlawful to keep excelsior or other packing material in any other than metal or wood lined 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 2014)

7-207 Storage of ashes.

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 and 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 2014)

7-208 Filling gasoline tanks of motor vehicles.

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 2014)

7-209 Inspection.

The fire chief may inspect any building for the purpose of discovering violations of any fire preventive law or any fire hazard and ascertain 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 in case of fire.

(Code 2025)

7-210 Abatement of fire hazards; issuing order.

Whenever any officer or member of the fire department shall find or discover any fire hazards 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 to 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 that the matter to the city attorney and he or she shall, if he or she deems it advisable, prosecute the offender.

(Code 2014)

7-211 Same; service or order; records.

Any order made under section 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 2014)