CHAPTER VII. FIRE PROTECTIONCHAPTER VII. FIRE PROTECTION\ARTICLE 1. FIRE CODE OF THE CITY OF ANDOVER

The 2003 Edition of the International Fire Code, including all appendices, is hereby incorporated by reference herein and made a part of this Chapter and shall be Article 1 of the aforementioned Chapter of the Code of the City of Andover, Kansas, save, and except such portion as are hereinafter or may hereafter be deleted or amended, as authorized and in the manner prescribed by the provisions of K.S.A. 12-3010.

(Ord. 1390, Sec. 1)

(a)   Section 105.6 is hereby deleted in its entirety and a new Section 105.6 is hereby adopted below.

(b)   Section 105.7 is hereby deleted in its entirety and a new Section 105.7 is hereby adopted below.

(c)   Appendix A is deleted.

(d)   Appendix G is deleted.

(Ord. 1390, Sec. 2)

The International Fire Code, 2003, incorporated by reference in Section 7-101 herein shall be amended as follows:

(a)   Section 101.1 Title. These regulations shall be known as the Fire Code of the City of Andover, hereinafter referred to as the “fire code,” the “I.F.C.,” or “this code.”

(b)   Section 102 is amended to add a new Section 101.6 and shall read as follows:

       102.6.1 Reference Codes.

(1)   Whenever used in the Fire Code, the term “ICC Electrical Code” shall be construed to mean the current City of Andover Electrical Code

(2)   Whenever used in the Fire Code, the term “International Fuel Gas Code” shall be construed to mean the current City of Andover Plumbing or Fuel Gas Code.

(3)   Whenever used in the Fire Code, the term “International Mechanical Code” shall be construed to mean the current City of Andover Mechanical Code.

(4)   Whenever used in the Fire Code, the term “International Plumbing Code” shall be construed to mean the current City of Andover Plumbing Code.

(5)   Whenever used in the Fire Code, the term “International Existing Building Code” shall be construed to mean the current City of Andover Building or Existing Building Codes currently adopted by the City of Andover.

(c)   Section 105 relating to permits is amended as follows:

(1)   Section 105.1.4.1 Plan review mandatory.  All building plans required by law to be submitted to the Building Department for plans review shall also be submitted to the Fire Code Official or his designee, City of Andover Fire and Rescue Department, whenever the location of the project described in the building plans is within the corporate limits of City of Andover.  For the purpose of the fire department's service of review and determination whether the building plans are in compliance with the provisions of this code. When building plans are not required to be submitted to the Department of Building Inspection and Code Enforcement for plan review but are required to be submitted to the Fire Code Official or his designee by another building code enforcement agency, they shall be submitted in such form and detail as approved by the Fire Code Official or his designee.

       Exception:  Building plans for projects other than roofed and walled structures built for permanent use are not required to be submitted to the Fire Code Official or his designee pursuant to this Section.

(2)   105.1.4.2 Applicant to state value of construction. The person, firm or corporation submitting the building plans shall state thereon, or on an attachment thereto, the value of the construction reflected on the plans, and by that person’s, individual’s or authorized corporate representative's signature thereon, shall certify that the value of construction so stated truly, accurately and within a reasonable degree of certainty describes the value of construction.

(3)   105.1.4.3 Plans and Specifications. Whenever plans are submitted in accordance with Section 105.1.4.1, two sets of all plans, engineering calculations, diagrams and other data shall be submitted.  All plan designs and calculations concerning an automatic sprinkler system shall be submitted by individuals who comply with the licensing requirements of Section 901.4.6.  Engineers and architects submitting plans shall be licensed by the State of Kansas to practice in their respective professions.

(4)   105.1.4.4 Information Required.  All plans and specifications shall be drawn to scale when possible and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed. All plans and specifications shall show in detail that the proposed work conforms to the provisions of the code and all relevant laws, resolutions or ordinances, rules and regulations of the jurisdiction for which the work is conducted

(5)   105.1.4.7 Payment of fee required prior to plan review. The plan review as required in Section 105.1.4.1 shall not be completed until the required plan review fee has been paid.

(6)   105.1.4.8 Plan review required. It shall be unlawful for a person to proceed with construction of Fire Protection Systems until said plans have been approved by the Fire Code Official or his designee, City of Andover Fire Department, whenever such plan review is required by this section.

(7)   105.6 Required operational permits.  A permit shall be obtained from the Fire Code Official or his designee of Andover Fire/Rescue prior to engaging in the following activities, operations, practices or functions:

(8)   105.6.1 Explosives.  An operational permit is required for the manufacture, storage, handling, sale or use of any quantity of explosive, explosive material, fireworks, or pyrotechnic special effects materials within the scope of Chapter 33. The permit is non-renewable and a new permit application is required to be submitted in a manner as approved by the fire department.

       Exception:  Storage in R-3 occupancies of smokeless propellant, black powder, and small arm primers for personal use, not for resale and in accordance with Section 3306.

(9)   105.6.2 Flammable and combustible liquids.  An operational permit is required to install, use or place in service any aboveground fuel storage tank in excess of 30 days at any temporary construction site.  The permit shall be valid only at the site stated on the permit and is not transferable to another location once said permit has been issued.

(10) 105.6.3 Wood Products Storage. An annual operational permit is required to use an open area or portion thereof to store or process wood pallets, wood chips, hogged material, fines, compost, mulch and raw products in excess of 1000 cubic feet.

(11) 105.6.4 Open burning. An operational permit is required for the kindling or maintaining of any open fire or a fire on any street, alley, road, or other public or private ground in accordance with Section 307. Instructions and stipulations of the permit shall be adhered to.

       Exception:  Recreational fires.

(12) 105.6.5.1 Indoor Pyrotechnic Display. The operational permits is required to be applied for in such form and detail in accordance with Section 3308.2.3

(13) 105.6.5.2 Outdoor Pyrotechnic Display The operational permit is required to be applied for in such form and detail in accordance with Section 3308.2.1

(14) 105.6.6 Special Amusement building or similar operations. An operational permit is required to conduct a special amusement facility or operation, haunted house, fun house, spook house, haunted cave or mansion, spook walk, haunted forest or similar installations and operations, set up temporary use not to exceed ninety (90) days and which structure, area, location or any part thereof was not originally designed for this specific use, whether or not such operation or use is for profit. Such operations to be done in accordance with Section 907.2.11

(15) 105.6.7 Storage of scrap tires and tires byproducts.  An operational permit is required to establish, conduct or maintain storage of scrap tires and tire byproducts that exceed 1,000 cubic feet of total volume of scrap tires and for indoor storage of tires and tire byproducts in accordance with Chapter 25.

(16) 105.7 Construction permits required.  A permit is required to be obtained from City of Andover prior to engaging in the following activities, operations, practices or functions.

(17) 105.7.1 Automatic fire-extinguishing systems.  A construction permit is required for installation of or modification to an automatic fire-extinguishing system in accordance with Chapter 9.  Maintenance performed in accordance with this code is not considered a modification and does not require a permit.

(18) 105.7.2 Fire alarm and detection systems and related equipment.  A construction permit is required for installation of or modification to a fire alarm and detection systems and related equipment. Maintenance performed in accordance with this code is not considered a modification and does not require a permit.

(19) 105.7.3 Fire apparatus access drive.  A construction permit is required for the installation of an access drive for every building here constructed when any portion of an exterior wall of the first story is located more than 150 feet from the edge of any street or roadway

(20) 105.7.4 Private water supply for fire protection.  A construction permit is required for the installation or modification of private water supply systems.

(21) 105.7.5 Temporary membrane structures, tents and canopies.  A construction permit is required to erect or install or use any air-supported temporary membrane structure or a tent having an area in excess of 200 square feet (19 m 2), or a canopy in excess of 400 square feet, except tents used exclusively for recreational camping purposes. The total aggregate area is to be considered in determining the size when multiple structures or tents are used.

(22) 105.7.6 Permit Fees.  Fire permit fees shall be referenced in Chapter 4, Article 1 of the Code of the City of Andover.  Said fees shall be established by Resolution of the Governing Body of the City of Andover.  These fees may be subject to review and revisal as deemed necessary, and shall be revised from time to time by Resolution of the Governing Body.

(d)   Section 202 relating to definitions is amended as follows:

OCCUPANCY CLASSIFICATION – Educational Group E.  Educational Group E occupancy includes, among others, the use of a building or structure, or a portion         thereof, by six or more persons at any one time for educational purposes through the 12th grade.  Religious educational rooms and religious auditoriums, which are accessory to churches and have occupant loads of less than 100, shall be classified as Group A-3 occupancies.

Day Care.  The use of a building or structure, or portion thereof, for educational, supervision or personal care services for more than five children older than 2 ½ years of age, shall be classified as a group E occupancy.

Exception:  Family day care homes with six (6) or less children

(e)   Section 301 relating to General Precautions Against Fire is amended as follows:

301.3 Prohibition.  The chief is authorized to declare a prohibition on all type of burning during those periods of time    during which he or she determines hazardous conditions exist. Such declaration shall be made publicly known through local media.

(f)   Section 304 relating to Combustible Waste Materials is amended as follows:

304.3.2 Capacity exceeding 7.33 cubic feet. Containers with a capacity exceeding 7.33 cubic feet (55 gallons) shall be provided with lids. Containers and lids shall be constructed of noncombustible materials or approved combustible materials.

(g)   Section 308.3.1 regarding Open Flames is amended as follows;

308.3.1. Open Flame Cooking Devices, and including Chimeneas.  Charcoal burners, chimeneas, and other open-flame cooking devices shall not be operated on combustible balconies or within 10feet (3048 mm) of combustible construction.

(h)   Section 309 relating to Powered Industrial Trucks is amended as follows:

309.5.1     Refueling.  Powered industrial trucks using liquid fuel or LP-gas shall be refueled outside of buildings or in areas specifically approved for that purpose.  Fixed fuel dispensing equipment and associated fueling operations shall be in accordance with Chapter 22.  Other fuel dispensing equipment and operations, including cylinder exchange for LP- gas fueled vehicles, shall be in accordance with Chapter 34 for flammable and combustible liquids or chapter 38 for LP gas.

(i)    Section 311 relating to Vacant Premises is amended as follows:

(1)   311.1.1 Abandoned premises.  Buildings, structures and premises for which an owner cannot be identified or located by dispatch of a certificate of mailing to the last known or registered address, which persistently or repeatedly become unprotected or unsecured, which have been occupied by un-authorized persons or for illegal purposes, or which present a danger of structural collapse or fire spread to adjacent properties shall be considered abandoned, declared unsafe and abated by demolition or rehabilitation in accordance with current City of Andover codes.

(2)   311.3 Removal of combustibles is amended by deleting Exception 2.

(j)    Section 315 relating to Miscellaneous Combustible Materials is amended as follows:

(1)   315.3.3 Additional requirements for outside storage of wood pallets and similar materials.

(A)  315.3.3.1 Permit required.  An annual permit shall be applied for and the appropriate permit fee paid prior to obtaining a permit from the City of Andover Fire Department to operate or maintain an outside storage facility for the outside storage of wood pallets and similar material in excess of 1,000 cubic feet. 

(B)  315.3.3.2 Site plan.  A site plan shall be submitted to the Fire Code Official or his designee for approval at the time of permit application.

(C)  315.3.3.3 Fire apparatus access roads.  Fire apparatus access roads shall be provided and maintained in every outside storage area or yard where more than two piles of combustible material are stored.

(D)  315.3.3.3.1 Where required.  Fire apparatus access roads shall be provided to within one hundred fifty feet (150') of all portions of the outside storage area or yard.

(E)   315.3.3.3.2 Width required.  Fire apparatus access roads shall be at least twenty feet (20') wide. This minimum width must be maintained at all times in the outside storage area or yard.

(F)   315.3.3.3.3 Surface.  Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all-weather driving capability.

(G)  315.3.3.3.4 Vertical clearance.  Fire apparatus access roads shall have an unobstructed vertical clearance of not less than thirteen feet six inches (13'6”).

(H)  315.3.3.3.5 Turning radius.  Fire apparatus access roads shall be designed to provide a continuous route throughout the storage area or yard, or be provided with an approved turnaround.

(I)    315.3.3.3.6 Turnarounds.  Fire apparatus access roads that dead-end shall be provided with approved provisions for the turning around of fire vehicles when such fire apparatus access roads exceed one hundred fifty feet (150') in length.

(J)   315.3.3.3.7 Obstructions/Signs.  The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Fire apparatus access roads shall be, when required by the chief, provided with approved signs or other approved notices, which shall be maintained, and which shall identify fire apparatus access roads and prohibit the obstruction thereof.

(K)  Note:  Minimum required width and clearances established under this section shall be maintained at all times.

(L)   315.3.3.4 Ground surfaces.  The ground surfaces covering areas for twenty feet (20') in any direction of any outside combustible storage area or yard shall be kept free of grass, weeds, trash, and debris.

(M)  315.3.3.5 Storage piles - General.  Outside storage areas or yards shall be piled with due regard to the stability of the piles.

(N)  315.3.3.5.1 Storage piles -- Size.  Outside storage areas or yards shall be made up of piles arranged in any configuration to a maximum height of twenty feet (20'), and no storage pile shall exceed three thousand seven hundred fifty square feet (3, 750 sq. ft.) at ground level regardless of the configuration of the pile. 

(O)  315.3.3.5.2 Storage piles -- Distance between.  Outside storage areas or yards shall have no combustibles piled in any two or more storage piles that are not separated by a distance of at least fifty feet (50').

(P)   315.3.3.5.3 Storage piles -- Location.  Outside combustible storage piles shall not be located within twenty-five feet (25') of any property line and no less than fifty feet (50') from any structure.

(k)   Section 316 regarding the Removal of Useless Debris or Burned Buildings is hereby added. 

(1)   316.1 Useless debris.  The owner or person in control or possession of any hay, straw, bales of wool, cotton, paper,     refuse, charred or partially burned wood or other material, or other substances or debris that has been rendered useless or unmerchantable by reason of any fire, shall remove said articles within fifteen (15) days after notice has been given by the Fire Code Official or his designee.  Any such debris that has not been removed as provided by this section is hereby declared to be a public nuisance. 

(2)   316.2 Burned buildings.  Whenever any building or other structure in the City of Andover is burned or partially burned to such an extent that it is rendered incapable of being repaired, the owner or the person in control shall, within fifteen (15) days after notice has been given by the Fire Code Official or his designee or the Building Code Official or their authorized representatives, remove from the premises all the remaining portions of the building or structure.  Any burned or partially burned building or other structure that is declared to be an imminent threat to health or safety by the City of Andover Fire Code Official or his designee or Building Code Official, or any such building or structure that has not been removed as provided by this section is hereby declared to be a public nuisance. 

(3)   316.3 Abatement procedure. Useless debris and burned buildings or structures that are declared to be public nuisances by virtue of the Dangerous and Unsafe Building Code of the City of Andover shall be subject to abatement in accordance with the provisions of the same.

(l)    Section 508.5.1 relating to Fire Protection Water Supplies is amended as follows:

       Exceptions:

(1)   For Group R-3 and Group U occupancies, the distance requirement shall be 500 feet (183 m).

(2)   For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 500 feet (183 m).

(m)  Section 610 relating to Commercial Kitchen Hoods is amended as follows: 

(1)   610.2 Where required.  A Type I hood shall be installed at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease vapors.

(2)   610.3 Domestic cooking appliances used for commercial purposes. Domestic cooking appliances utilized for commercial purposes shall be provided with Type I or Type II hoods as required for the type of appliances and processes.

(n)   Section 903 relating to Automatic Sprinkler Systems is amended as follows:

(1)   903.2 Where required.  Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section.

(2)   903.2.7 Group R.  An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area.

       Exception: One and two family dwellings and town houses up to three stories in height when built in accordance with the current City of Andover Building Code.

(3)   903.3.7 Fire department connections.  The location of the fire department connections shall be approved by the code official. The maximum distance shall be 150 feet (45,720 mm) from a fire hydrant. The required hydrant shall be no closer than 40 feet (12,192 mm) to the structure.

(o)   Section 904, relating to Alternative Automatic Fire-extinguishing Systems is as follows:

(1)   904.3.5 Monitoring.  Where a building fire alarm system is installed, automatic fire-extinguishing systems shall be monitored by the building fire alarm system in accordance with N.F.P.A. 72, and shall be automatically transmitted to an approved central station, remote supervisory station or proprietary supervisory station as defined in N.F.P.A. 72 or when approved by the code official, shall sound an audible signal at a constantly attended location.

(2)   904.11.6.3 Inspection and cleaning.  The entire exhaust system, including hoods, grease-removal devices, fans, ducts and other appurtenances, shall be inspected in accordance with the schedule set forth in Table 904.11.6.  Inspections shall be recorded on an inspection card permanently attached to the system, and the record shall state the time and date of inspection.  Upon inspection, if found to be contaminated with deposits from grease-laden vapors, the entire exhaust system shall be cleaned in accordance with this section and N.F.P.A. 96 by a qualified kitchen exhaust system cleaner.  The cleaning shall meet the following requirements:

(A)  Hoods, grease removal devices, fans, ducts, and other appurtenances shall be cleaned to bare metal prior to surfaces becoming heavily contaminated with grease or oily sludge.

(B)  At the start of the cleaning process, electrical switches that could be activated accidentally shall be locked out.

(C)  Components of the fire suppression system shall not be rendered inoperable during the cleaning process.

(D)  Fire-extinguishing systems shall be permitted to be rendered inoperable during the cleaning process

(E)   Flammable solvents or other flammable cleaning aids shall not be used.

(F)   Cleaning chemicals shall not be applied on fusible links or other detection devices or the automatic extinguishing system.

(G)  After the exhaust system is cleaned to bare metal, it shall not be coated with powder or other substance.

(H)  All access panels (doors) and cover plates shall be replaced.

(I)    Dampers and diffusers shall be positioned for proper airflow.

(J)   When cleaning procedures are completed, all electrical switches and system components shall be returned to an operable state.

(K)  Cleanings shall be recorded on a card permanently attached to the system, and the record shall state the extent, time and date of cleaning, and name of the individual and company that cleaned the system. 

(L)   Cleaners shall inspect the entire exhaust system following a cleaning. 

(M)  Certificates of inspection and cleaning shall be maintained on the premises and are subject to inspection during regular business hours by the Andover Fire / Rescue.

Table 904.11.7 EXHAUST SYSTEM INSPECTION SCHEDULE

TYPE OR VOLUME OF COOKING FREQUENCY

FREQUENCY

Systems serving solid fuel cooking operations.

Monthly

Systems serving high-volume cooking operations such as 24-hour cooking, charbroiling, or wok cooking.

Quarterly

Systems serving moderate-volume cooking operations.

Semi-annually

Systems serving low-volume cooking operations, such as churches, day camps, seasonal businesses, or senior centers.

Annually

(p)   Section 1902 relating to the definitions for Lumber Yards and Woodworking Facilities is amended as follows:

WOOD PRODUCTS PROCESSOR OR RECYCLER is any person who, in compliance with all applicable state, federal and local laws, rules and regulations, disposes of or converts wood products produced from yard waste, debris, timber removal or pruning, or lumbering operations to other purposes.  This includes, but is not limited to persons who:

(1)   Landfill, incinerate or otherwise dispose of raw wood waste or as a fuel, or

(2)   By shedding, hogging, grinding, or chemically treating, raw wood into basic components for mulch, compost or other marketable material

       Exception: Commercial plywood, pressed wood, veneer and paper production facilities shall not be included in this definition.

(q)   Section 1903 relating to the general requirements for Lumber yards and woodworking facilities hereby amended as follows:

(1)   1903.8 Site Identification.  Facility name and address shall be posted at the main entrance and clearly visible from the street.  A 24-hour emergency contact telephone number shall be posted at the main entrance and clearly visible from the street.

(2)   1903.9  Maintenance of premises.  The entire storage site shall be kept free from accumulation of unnecessary combustible materials.  Weeds and grass shall be kept down and regular procedure provides for the periodic clean up of the entire area.  The use of Weed Burners or any type of burning is prohibited.

(3)   1903.10  Protection from heat.  Physical protection should be provided to prevent heat sources such as steam lines, air line, electrical motors and mechanical drive equipment from becoming buried or heavily coated with combustible material.  A high standard of housekeeping shall be maintained around all potential heat sources.

(r)    Section 1908 relating to the Storage and Processing of Wood Chips, Hogged Material, Fines, Compost and Raw Product Associated with Yard Waste and Recycling Facilities is amended as follows: 

(1)   1908.1  General. The storage and processing of wood chips, hogged materials, fines, compost and raw product produced from yard waste, debris and recycling facilities shall comply with this section when the storage of material is in excess of 5,000 cubic ft.

(2)   1908.12  Kansas Department of Health and Environment (KDHE) Notification.  A Wood Products Processor or Recycler, or the owner or operator of same, shall notify the Kansas Department of Health and Environment of their operation in accordance with KDHE regulations. The owner shall also be responsible for notifying KDHE whenever a   fire occurs within their facility. Where there is a possible conflict with this standard and other state and local requirements, the most restrictive shall apply.  Compliance with KDHE rules does not indicate automatic approval for a fire department permit.

(3)   1908.13  Water supply.  A fire protection system consisting of approved water GPM, shall be provided to within 300 feet of all portions of the yard.  Additional flows should be provided as needed where conditions are likely to produce serious surface fires or large internal fires.  Where fire hoses houses/stations are provided, fire hydrants connected to yard mains should be provided in accordance with NFPA Standard No. 230, Appendix E-5.

(s)   Section 2201 relating to Motor Fuel – Dispensing Facilities and Repair Garages is amended as follows:

2201.3.1 Plans and specifications.  Plans and specifications shall be submitted for review and approval prior to the installation, construction, modification or replacement of a motor vehicle fuel-dispensing station or repair garages. A site plan shall be submitted which illustrates the location of flammable liquid, LP-gas or CNG storage vessels, and their spatial relation to each other, property lines and building openings. Both aboveground and underground storage vessels shall be shown on plans. For each type of station, plans and specifications shall include, but not be limited to, the following:

(A)  Flammable and combustible liquids: The type and design of underground and aboveground liquid storage tanks; the location and design of the fuel dispensers and dispenser nozzles; the design and specifications for related piping, valves and fittings; the location and classification of electrical equipment, including emergency fuel shutdown devices; and specifications for fuel storage and venting components, and

(i)    The name of the person, firm or corporation proposing the installation, the location thereof and the adjacent streets or highways; and

(ii)   For aboveground storage, the location and capacity of each tank, the dimensions of each tank, the class and name of liquid to be stored in each tank, the type of any tank supports, the types and sizes of normal and emergency valves, and the location of pumps and other facilities by which the tanks are filled or drained; and

(iii)  In the case of underground storage, the location and capacity of each tank, the class and name of liquid to be stored in each tank, and the location or fill, gauge and vent pipes and openings; and

(iv)  In case of installation for storage, handling or use of flammable liquids within the buildings or enclosures at any establishment or occupancy covered in this section, in such detail as to show whether applicable requirements are met.

(B)  Liquefied petroleum gas: Equipment and components as required in U.F.C. Standard 82-1; the location and design of the LP-gas dispensers and dispenser nozzles; the design, specifications and location for related piping, valves and fittings; the location and classification of electrical equipment, including emergency fuel shutdown devices; and specifications for fuel storage and pressure-relief components.

(C)  Compressed natural gas: When provided, the location of CNG compressors; the location and design of CNG dispensers and vehicle fueling connections; the design, specification and location for related piping, valves and fittings; the location and classification of electrical equipment, including emergency fuel shutdown devices; and specifications for fuel storage and pressure-relief components

(t)    Section 2706 relating to Unattended Parking of Vehicles, is created, and shall read as follows:

2706.1 Unattended Parking.  No operator of a commercial delivery vehicle such as a box van, bob tail, truck trailer or tank truck containing products classified by federal, state or local regulatory agencies as hazardous materials, including but not limited to explosives and blasting agents, compressed gases, flammable and combustible liquids, flammable solids, oxidizers, organic peroxides, pyrophoric material, unstable reactive materials, water reactive materials, cryogenic fluids, highly toxic and toxic materials, radioactive materials, corrosives, health and biomedical hazards and irritating materials, shall park or leave such vehicle unattended on any street, highway, avenue or alley within five hundred feet (500') of any residential area, apartment or hotel complex or educational, hospital or health care facility at any time, or at any other place that would, in the opinion of the chief, present a life or property hazard

       Exceptions: This shall not prohibit parking or absence of the operator, (1) in connection with loading or unloading, (2) for meals during the day or night if the street is well lighted at the place of parking, and (3) for the purpose of securing assistance in case of emergency.

(u)   Chapter 33 relating to Explosives and Fireworks is amended as follows:

(1)   3301.2.2 Sale and retail display. No person shall construct a retail display or offer for sale explosives, explosive materials, or fireworks upon highways, sidewalks, public property or educational occupancies.

(2)   3301.2.4 financial responsibility. Before a permit is issued, as required by Section 3301.2, the applicant shall file with the jurisdiction a corporate surety bond in the principal sum of $500,000 or a public liability insurance policy for the same amount, for the purpose of the payment of all damages to persons or property which arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results.

(3)   3301.4 Qualifications.  Persons in charge of magazines, blasting, fireworks display, or pyrotechnic special effect operations shall provide proof of licensure by the State of Kansas or another state’s licensing authority, shall not be      under the influence of alcohol or drugs which impair sensory or motor skills, shall be at least 21 years of age, and shall demonstrate knowledge of all safety precautions related to the storage, handling or use of explosives, explosive   materials or fireworks.

(v)   Section 3404 relating to the Storage of Flammable and Combustible Liquids is amended as follows:

3404.2.9.5.1 Locations where above ground tanks are prohibited.  Storage of Class I and II liquids in above ground tanks outside of buildings is prohibited in all zoning districts except those districts zoned industrial as defined in zoning regulations ,and where installed for use of private farms in rural areas, construction sites, earth-moving projects or similar operations they shall be allowed in accordance with Section 3406.2.

(w)  Section 3406 relation to Special Operations is hereby amended as follows:

3406.2.4.4 Locations where above ground tanks are prohibited.  Storage of Class I and II liquids in above ground tanks is prohibited in all zoning districts except those districts zoned industrial as defined in zoning regulations.

(x)   Section 3804 relating to the Location of Containers

3804.2 Maximum capacity within established limits.  The storage of liquefied petroleum gas is prohibited in all zoning districts except those districts zoned industrial, as defined in applicable zoning regulations. In other areas, the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons (7570 L)

       Exception: In particular installations, this capacity limit shall be determined by the Fire Code Official or his designee, after consideration of special features such as topographical conditions, nature of occupancy, and proximity to buildings, capacity of proposed containers, degree of fire protection to be provided and capabilities of the local fire department.

(y)   Section Appendix C relating to Fire Hydrant Locations and Distribution is amended as follows:

C102.1 Fire hydrant locations.  Fire hydrants shall be provided along required fire apparatus access roads and adjacent public streets.

       Exception:  In those areas not served by a municipal or rural water supply system, alternate means of fire protection maybe considered by the code official.

(z)   Section Appendix D relating to Fire Apparatus Access Roads is amended as follows:

D103.4 Dead Ends.  Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4 as shown below:

TABLE D103.4

REQUIREMENTS FOR DEAD-END FIRE APPARATUS ACCESS ROADS (as amended)

LENGTH

(FEET)

WIDTH

(FEET)

TURNAROUNDS REQUIRED

In accordance with D103.1

0 – 150’

 

20’

None Required

151’ and

Longer

20’

Any example as in Figure

D103.1 is acceptable

D107.1  One- or two-family dwellings residential developments.

       Exceptions:  The number of dwelling units on a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with the next future development phase(s) within the approved preliminary development plan.  All fire apparatus access roads in one- and two-family residential developments will meet the criteria as set forth by the City of Andover residential road requirements as to width, length, turnarounds and other requirements.

(aa) Section 307.3 is amended as follows:

       LOCATION  The location for open burning shall not be less than fifty (50) feet (15240mm) from any structure or property line, and provisions shall be made to prevent the fire from spreading to within fifty (50) feet (15240mm) of any structure or property line:

(Ord. 1390, Sec. 2; Ord. 1545)

The Fire Code Official or his designee shall have the authority to promulgate such rules and regulations as are necessary to carry out the purpose of the Fire Code as adopted in Section 7-201.

(Ord. 1390, Sec. 3)

(a)   APPOINTMENT.  There is hereby established a Board to be called the Fire Code Board of Appeals hereinafter called the Board which shall consist of three (3) members.  The said Board shall be appointed by the Mayor of the City of Andover with approval of the City Council.

(b)   TERM OF OFFICE.  Of the members first appointed, one shall be appointed for a term of one year, one for a term of two years, and one for a term of three years.  Vacancies shall be filled for an unexpired term in the manner in which the original appointments are required to be made.  Continued absence of any member from the regular meetings of the Board shall, at the discretion of the Mayor, with the majority approval of the City Council, render any such member liable to an immediate removal from office.

(c)   QUORUM.  Two members of the Board shall constitute a Quorum.  In varying the application of any provisions of the Code, named hereafter, or in modifying any order of any official, two affirmative votes shall be required.  No Board Member shall act in a case in which a personal interest is present.

(d)   SECRETARY OF THE BOARD.  The Fire Code Official shall act as secretary of the board and keep a detailed record of all its proceedings, which shall set forth the reasons for its decisions, the vote of each member, the absence of a member and any failure of a member to vote.

(e)   PROCEDURE.  The Board shall establish rules and regulations for its own procedure not inconsistent with the provisions for the code named hereafter.  The Board shall meet at intervals determined by the Board, or in any event the Board shall meet within ten (10) days after notice of appeal has been received.  The Board shall maintain and keep a detailed record of all its proceedings, which shall set forth the reasons for its decisions, the vote of each member participating therein, the absence of a member, and any failure of a member to vote.

(f)   DUTIES.  The duties of the Fire Code Board of Appeals shall be:

(1)   To consider and determine appeals whenever it is claimed that the true intent and meaning of the so called “International Fire Code” as adopted by the City of Andover, Kansas, Ordinance No. 1390 on the 13th day of May, 2008 and any amendments thereto of any of the regulations thereunder have been misconstrued or wrongly interpreted.

(2)   To permit, in appropriate cases where the application of the requirements of the Code in the allowance of stated time for the performance of any action required hereunder would appear to cause undue hardship on an owner, a reasonable extension shall be granted for not more than eight (8) months from the date of such notice.

(g)   APPEAL.  Notice of appeal shall be in writing and filed within thirty (30) days after any decision is rendered by the Fire Code Official on the Code.

(Ord. 1390, Sec. 3)

All prior ordinances of the City of Andover, Kansas in conflict with the foregoing are hereby repealed to the extent that such conflicts exist.

(Ord. 1390, Sec. 4)

If any section, sub-section, sentence, clause or phrase of this ordinance or of the Code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance and Code.

(Ord. 1390, Sec. 5)

The City Clerk of the City of Andover, Kansas is hereby ordered and directed to maintain 3 copies of the International Fire Code, 2003 Addition, on file in City Hall which copy shall be marked or stamped “Official copy as incorporated by Ordinance No. 1390” with all sections or portions thereof intended to be omitted clearly marked to show any such omission and to which shall be attached a copy of the incorporating Ordinance including all amendments and revisions adopted at the time of passage.

(Ord. 1390, Sec. 6)

Unless otherwise provided for within said Code, the violation of any section contained within said Code shall be punishable by a fine of up to $500.00 and/or incarceration in the Butler County Jail.  Each day during which a violation occurs may, at the election of the City, constitute separate offense.

(Ord. 1390, Sec. 7)