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CHAPTER VII. FIRE PROTECTION

 

                                      Article 1.          Fire Department Regulations

                                      Article 2.          Fire Prevention

                                      Article 3.          Insurance Proceeds Fund

 

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ARTICLE 1. FIRE DEPARTMENT REGULATIONS

 

7-101.                            EXCLUSIVE RIGHT-OF-WAY.  All fire apparatus and equipment shall have the exclusive right-of-way over and through all streets, avenues, alleys and public thoroughfares in the city while enroute to fires or in response to any alarm or fire, and no person shall in any manner obstruct or hinder the same in any way.  (Code 1971)

7-102.                            DRIVING OVER FIRE HOSE.  It shall be unlawful for any person to drive any wagon, carriage, automobile, truck, locomotive, railroad car, or any other vehicle over any fire hoses laid in any street, avenue, alley, sidewalk, private driveway, lot or bridge. This section shall not apply to any apparatus or vehicle belonging to the fire department.  (Code 1971)

7-103.                            OBSTRUCTING FIRE HYDRANT.  No person shall place or cause to be placed upon or about any fire hydrant any rubbish, building material, fence or other obstruction of any character whatsoever, in any manner to obstruct, hinder, or delay the fire department in the performance of its duties in case of fire or practice runs.  Nor shall any person hitch or cause to be hitched to any fire hydrant, any animal or animals, nor fasten to same any guy rope or brace, nor back or stand any wagon, truck, automobile or other vehicle within 15 feet of any such hydrant.  (Code 1971)

7-104.                            CHIEF TO DRAFT BYSTANDERS.  The fire chief shall have power and is hereby authorized to call for assistance from any and all able-bodied male citizens who may be present at the time of any fire in the operation of the fire apparatus of said city or Stevens County.  All persons who shall refuse or neglect to follow the directions as given or shall disobey the orders of such chief, or shall obstruct or hinder any person in his efforts while working under the instruction of the chief, shall, upon conviction thereof, be guilty of a misdemeanor.  (Code 1971)

7-105.                            FALSE ALARM OF FIRE.  It shall be unlawful for any person or persons to make or sound or cause to be made or sounded, or by any other means, any false alarm of fire without reasonable cause.  (Code 1971)

7-106.                            USE OF EQUIPMENT.  No person or persons shall use any fire apparatus or equipment for any private purpose, nor shall any person willfully and without proper authority remove, take away, keep or conceal any tool, appliance, or other article used in any way by the fire department.  (Code 1971)

7-107.                            FOLLOWING FIRE EQUIPMENT.  It shall be unlawful for the driver of any vehicle, other than one on official business at the fire, to follow closer than 500 feet any fire apparatus or equipment traveling in response to a fire alarm, or to drive into or to park any vehicle within the block or blocks where fire apparatus or equipment is stopped in answer to a fire alarm.  (Code 1971)

7-108.                            FIRE HYDRANTS; OPENING.  It shall be unlawful for any person, except the fire department and the water department for the purpose of repairing or testing hydrants, to open or have in their possession for the purpose of opening or closing a fire hydrant, any fire hydrant key, wrench or connection to use on hydrants.  (Code 1983)

7-109.                            SAME; DAMAGE TO.  (a)  It shall be unlawful for any person to maliciously tamper with, damage or otherwise impair a fire hydrant.

                                      (b)        Any person who accidentally shall damage or impair a fire hydrant shall immediately notify the fire department, giving their name and address and the exact location of the fire hydrant impaired.  (Code 1983)

ARTICLE 2. FIRE PREVENTION

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 standards known as the International Fire Code, edition of 2009, including all the Appendix chapters, published by the International Code Council, one copy shall be filed in the office of the clerk of the City of Hugoton, 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 ordinance shall take effect, the provisions thereof shall be controlling within the limits of the city.  (K.S.A. 12-3009:3015; Code 1971; Code 1986, Code 2011)

7-202.                            ARTICLE 8.8 AMENDED.  Article 8.8 is hereby amended by deleting said original section and substituting the following:

                                      8.8  Anhydrous Ammonia.  (a)  The regulations adopted by the board of agriculture of the State of Kansas as published in Kansas Administrative Regulations 4-10-1 through 4-10-9, inclusive, and amendments thereto, are hereby incorporated by reference except as such are amended by the following subsections.

                                      (b)  No liquid fertilizer (anhydrous ammonia) shall be stored within the fire limits of the city.

                                      (c)  The owner, lessee or operator of every stationary container or tank of liquid fertilizer shall be present in person or have an attendant employed by him present at all times when such container is being filled or loaded with liquid fertilizer.

                                      (d)  For the purpose of administering this article, any person designated by the governing body shall have the right to enter at any reasonable time upon private property where anhydrous ammonia is stored or handled within the city for the purpose of inspecting such facilities and equipment.  (Code 1983)

7-203.                            SECTION 13.1(b) DELETED.  Section 13.1(b) is hereby deleted in its entirety.

7-204.                            FIREWORKS DEFINED.  For purposes of this ordinance, the term fireworks shall mean those items as defined by the rules and regulations of the Kansas state fire marshal, and shall include but not be limited to: firecrackers, torpedoes, sparklers, Roman candles, sky rockets, pin wheels, cap or toy pistols (except such pistols or any like device designed to discharge paper caps containing not more than .25 grains of explosive mixture), canes, bombs, cannons or other like devices and all classes of fireworks that may be shot into the air or propelled over the ground by explosive discharges or any device using blank cartridges.  (Ord. 734, Sec. 1)

7-204a.                          SALE OF FIREWORKS PROHIBITED. (a) It shall only be lawful for any person or persons to sell, deliver or give away any fireworks, as defined in Section 7-204 above, on any of the streets, alleys, lots or tracts of land within any section of the city except those areas specifically enumerated in section (b) on the Second, Third and Fourth days of July of any year. 

                                      (b) It shall be unlawful for any person to sell, deliver or give away any fireworks, as defined in Section 7-204 at any time within:

                                      (1) The fire limits of the city;

                                      (2) Six hundred feet (600) of the Stevens County Hospital and the Pioneer Manor;

                                      (3) The block bounded by Third And Fourth streets, and Main and Monroe streets within the City;

                                      (4) The block bounded by Second and Third streets and Madison and Monroe streets within the City;

                                      (5) The block bounded by Third and Fourth streets and Main and Jackson streets within the City.  (Ord. 734, Sec. 1)

7-204b.                            UNLAWFUL DISCHARGE OF FIREWORKS.  (a) It shall only be lawful for any person or persons to discharge or cause to be discharged, any fireworks on any of the streets, alleys, lots or tracts of land within any section ofthe city except those areas specifically enumerated in section (b) on the Second, Third and Fourth days of July between the hours of 8:00 a.m. and 12:00 midnight. 

  (b) It shall be unlawful for any person to discharge or cause to be discharged, any fireworks as defined in Section 7-204 at any time within:

                                                (1) The fire limits of the City;

                                                (2) Six hundred feet (600) of the Stevens County Hospital and the Pioneer Manor;

                                                (3) The block bounded by Third And Fourth streets, and Main and Monroe streets within the City;

                                                (4) The block bounded by Second and Third streets and Madison and Monroe streets within the City;

                                                (5) The block bounded by Third and Fourth streets and Main and Jackson streets within the City.  (Ord. 734, Sec. 1)

7-204c.                             EXCEPTION.  The governing body shall have the authority to prohibit the discharge or sale of fireworks on the dates allowed by this section due to extreme drought. (Ord. 734, Sec. 1)

7-205.                               ARTICLE 16 AMENDED.  Article 16 is hereby amended by adding the following section:

                                        16.13.1  Application for Permit.  (a)  All permits required by this article for bulk plants shall be issued by the city inspector by order of the governing body upon the basis of an application showing location of the facility, the plan of construction and the purposes for which the same will be used.

                                      (b)        Upon completion of the work and before the facility is used, the same shall be inspected by the fire chief who shall, if he or she approves the same, issue his or her certificate of approval and file and preserve a copy of the same with his or her records.

                                      (c)        No facility shall be approved until any defect therein found not to be in compliance shall have been corrected within a reasonable time.  (Code 1983)

7-206.                            SECTION 16.61 AMENDED.  Section 16.61 is hereby amended to read as follows:

                                      16.61.  Location of Plants.  (a)  Hereafter no new bulk plants shall be constructed or located within the limits of the city except the same be located on blocks 9, 10, 11 or 30 of the original town plat.

                                      (b)        No permit shall be issued except on a finding and recommendation of the fire chief that the proposed plant conforms to the regulations of the state fire marshal governing the construction of bulk plants and the storage of flammable liquids.  (Code 1983)

7-207.                            SECTION 28.1 AMENDED.  Section 28.1 is hereby amended to read as follows:

                                      28.1.  Bonfires and Outdoor Rubbish Fires.  (a)  It shall be unlawful for any person to burn, or cause to be burned, any trash, leaves, lumber, straw, paper, boxes, grass or other combustible materials anywhere within the corporate limits of the city except in an incinerator or refuse burner on private property which is constructed as provided in section 7-208.  (Ord. 404, Sec. 1)

7-208.                            ARTICLE 28 AMENDED.  Article 28 is hereby amended by adding the following sections:

                                      28.1.1.  Incinerators.  An incinerator or refuse burner shall be constructed of iron, steel, concrete, stone or block.  The receptacle shall be enclosed in such a manner as to prevent the escape of sparks and burning materials.  The opening at the top of the burner or incinerator shall be covered and protected in a secure manner by steel mesh, bars or plats with openings no larger than three-quarters of an inch in diameter.  If such refuse burner or incinerator is constructed of iron or steel, it shall not be thinner than 16 B.S. Gauge.  (Ord. 404: Sec. 2)

                                      28.1.2.  Inspection.  All refuse burners or incinerators constructed as provided in Section 28.1.1 shall be subject to inspection and approval by the city inspector.  He or she is authorized, on behalf of the city, to condemn and cause the removal or replacement of such burner or incinerator not constructed or maintained in conformity with the provisions of this code.  (Ord. 404; Sec. 3)

                                      28.1.3.  Incinerators; Prohibitions.  There shall be no burning of refuse in any receptacle intended for accumulation of refuse to be collected and removed by the city.  No incinerator or refuse burner shall be located on any of the streets or alleys of the city.  All such incinerators or refuse burners shall be set apart sufficiently from any container or receptacle intended for the accumulation of refuse to be collected and removed by the city so that there will be no confusion as to the use for which the receptacle is intended.  (Ord. 404; Sec. 4)

7-209.                            OPEN BURNING.  Notwithstanding the restrictions of section 7-207 above: 

                                      (a) There shall be two respective periods, each of one month duration, the months being April and October of each year, during which time such yard, field, and garden wastes as grass clippings, leaves, tree trimmings, weeds and wheat, corn, milo and forage stubble may be openly burned.  Materials which may be openly burned must derive their origin from yard, field, or garden.  The burning of heavy smoke-producing materials such as heavy oils, tires, tar paper, etc., is expressly prohibited.  All material to be burned should be stockpiled and dried to the extent possible before it is burned.  It is also required to be kept free of excess dirt, or other extraneous material that will inhibit good combustion.  Such burning must take place at least 60 feet from any building, under close supervision, and between the hours of 7:00 a.m. and 6:00 p.m.  Supervision at the fire shall be continuous and last until the fire is completely extinguished.  The person supervising the fire shall at all times have at his or her ready disposal the means sufficient to quickly and completely extinguish the fire.  The chief of the Stevens County Fire Department shall have the authority to prohibit the burnings authorized by this section for a portion of or for all of October and/or April if he or she determines that due to drought or other conditions such a practice would be extremely hazardous.  If the chief of the fire department makes such a determination, proper public notice shall be given.

                                      (b)        At times during the year other than during the months of April and October, the burning of material described in subsection (a) is permissible upon the issuance of a permit by the governing body for such open burning, which permit will be issued only upon a finding by the governing body that such shall be in the best interest of the public health and welfare, and that such open burning will be carried out in accordance with the same guidelines set out in subsection (a).  (Code 1983)

ARTICLE 3. INSURANCE PROCEEDS FUND

7‑301.                            SCOPE AND APPLICATION. The city is hereby authorized to utilize the procedures established by K.S.A. 40‑3901 et. seq., whereby no insurance company shall pay a claim of a named insured for loss or damage to any building or other structure located within the city, arising out of any fire, explosion, or windstorm where the amount recoverable for the loss or damage to the building or other structure under all policies is in excess of 75 percent of the face value of the policy covering such building or other insured structure, unless there is compliance with the procedures set out in this article. (Code 1987; Code 2011)

7‑302.                            LIEN CREATED. The governing body of the city hereby creates a lien in favor of the city on the proceeds of any insurance policy based upon a covered claim payment made for damage or loss to a building or other structure located within the city, caused by or arising out of any fire, explosion, or windstorm where the amount recoverable for all the loss or damage to the building or other structure under all policies is in excess of 75 percent of the face value of the policy(s) covering such building or other insured structure. The lien arises upon any unpaid tax, special ad valorem levy, or any other charge imposed upon real property by or on behalf of the city which is an encumbrance on real property, whether or not evidenced by written instrument, or such tax, levy, assessment, expense or other charge that has remained undischarged for at least one year prior to the filing of a proof of loss. (Code 1987; Code 2011)

7‑303.                            SAME; ENCUMBRANCES. Prior to final settlement on any claim covered by section 7-302, the insurer or insurers shall contact the county treasurer, Stevens County, Kansas, to determine whether any such encumbrances are presently in existence. If the same are found to exist, the insurer or insurers shall execute and transmit in an amount equal to that owing under the encumbrances a draft payable to the county treasurer, Stevens County, Kansas. (Code 1987)

7‑304.                            SAME; PRO RATA BASIS. Such transfer of proceeds shall be on a pro rata basis by all insurance companies insuring the building or other structure. (Code 1987)

7‑305.                            PROCEDURE. (a) When final settlement on a covered claim has been agreed to or arrived at between the named insured or insureds and the company or companies, and the final settlement exceeds 75 percent of the face value of the policy covering any building or other insured structure, and when all amounts due the holder of a first real estate mortgage against the building or other structure, pursuant to the terms of the policy and endorsements thereto, shall have been paid, the insurance company or companies shall execute a draft payable to the city clerk in an amount equal to the sum of 15 percent of the covered claim payment, unless the city inspector of the city has issued a certificate to the insurance company or companies that the insured has removed the damaged building or other structure, as well as all associated debris, or repaired, rebuilt, or otherwise made the premises safe and secure.

                                      (b)        Such transfer of funds shall be on a pro rata basis by all companies insuring the building or other structure. Policy proceeds remaining after the transfer to the city shall be disbursed in accordance with the policy terms.

                                      (c)        Upon the transfer of the funds as required by subsection (a) of this section, the insurance company shall provide the city with the name and address of the named insured or insureds, the total insurance coverage applicable to said building or other structure, and the amount of final settlement agreed to or arrived at between the insurance company or companies and the insured or insureds, whereupon the city inspector shall contact the named insured or insureds by registered mail, notifying them that said insurance proceeds have been received by the city and apprise them of the procedures to be followed under this article. (Code 1987; Code 2011)

7‑306.                            FUND, CREATED; DEPOSIT OF MONEYS. The city clerk is hereby authorized and shall create a fund to be known as the "Fire Insurance Proceeds Fund." All moneys received by the city clerk as provided for by this article shall be placed in said fund and deposited in an interest-bearing account. (Code 1987)

7‑307.                            CITY INSPECTOR; INVESTIGATION, REMOVAL OF STRUCTURE. (a) Upon receipt of moneys as provided for by this article, the city clerk shall immediately notify the city inspector of said receipt, and transmit all documentation received from the insurance company or companies to the city inspector.

                                      (b)        Within 20 days of the receipt of said moneys, the city inspector shall determine, after prior investigation, whether the city shall instigate proceedings under the provisions of K. S .A. 12‑1750 et. seq., as amended.

                                      (c)        Prior to the expiration of the 20 days established by subsection (b) of this section, the city inspector shall notify the city clerk whether he or she intends to initiate proceedings under K.S.A. 12‑1750 et. seq., as amended.

                                      (d)        If the city inspector has determined that proceedings under K.S.A. 12‑ 1750 et. seq., as amended shall be initiated, he or she will do so immediately but no later than 30 days after receipt of the moneys by the city clerk.

                                      (e)        Upon notification to the city clerk by the city inspector that no proceedings shall be initiated under K.S.A. 12‑1750 et. seq., as amended, the city clerk shall return all such moneys received, plus accrued interest, to the insured or insureds as identified in the communication from the insurance company or companies. Such return shall be accomplished within 30 days of the receipt of the moneys from the insurance company or companies. (Code 1987)

7‑308.                            REMOVAL OF STRUCTURE; EXCESS MONEYS. If the city inspector has proceeded under the provisions of K.S.A. 12‑1750 et. seq., as amended, all moneys in excess of that which is ultimately necessary to comply with the provisions for the removal of the building or structure, less salvage value, if any, shall be paid to the insured. (Code 1987)

7‑309.                            SAME; DISPOSITION OF FUNDS. If the city inspector, with regard to a building or other structure damaged by fire or explosion, determines that it is necessary to act under K. S .A. 12‑1756, any proceeds received by the city clerk under the authority of section 5‑305(a) relating to that building or other structure shall be used to reimburse the city for any expenses incurred by the city in proceeding under K.S.A. 12‑1756. Upon reimbursement from the insurance proceeds, the city inspector shall immediately effect the release of the lien resulting therefrom. Should the expenses incurred by the city exceed the insurance proceeds paid over to the city clerk under section 7‑305(a), the city inspector shall publish a new lien as authorized by K.S.A. 12‑1756, in an amount equal to such excess expenses incurred. (Code 1987)

7‑310.                            EFFECT UPON INSURANCE POLICIES. This article shall not make the city a party to any insurance contract, nor is the insurer liable to any party for any amount in excess of the proceeds otherwise payable under its insurance policy. (Code 1987)

7‑311.                            INSURERS; LIABILITY. Insurers complying with this article or attempting in good faith to comply with this article shall be immune from civil and criminal liability and such action shall not be deemed in violation of K.S.A. 40‑2404 and any amendments thereto, including withholding payment of any insurance proceeds pursuant to this article, or releasing or disclosing any information pursuant to this article. (Code 1987)

 

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