CHAPTER 9. FIRE PREVENTION AND PROTECTIONCHAPTER 9. FIRE PREVENTION AND PROTECTION\Article I. Fire Department; Fire Codes

Article I. Fire Department; Fire Codes

There is hereby created a Fire Department which shall be composed of a Chief of the Fire Department and such other officers and members as may be necessary for the control and prevention of fires.  The City Manager shall appoint the Chief of the Fire Department and such other officers.

(Code 2015)

The Chief of the Fire Department shall, under the direction of the City Manager, shall have complete control of the Fire Department and all of the firefighting equipment of the City. The Fire Chief shall be responsible for the proper organization, training, discipline and functioning of the personnel of the Fire Department and for the fire apparatus of the City. The Fire Chief is hereby authorized to suspend, in accordance with the personnel rules and regulations of the City, any member of the Fire Department for refusal to obey orders, for misconduct, or for failure to perform duties. It shall be the duty of the Fire Chief to enforce all City ordinances, laws of the state, and administrative rules and regulations of the Office of the State Fire Marshal. The Fire Chief shall have the power to adopt and enforce reasonable rules and regulations governing the Fire Department, subject to the approval of the City Manager. These rules and regulations shall contain provisions which call for the Fire Chief or an officer designated by the Fire Chief to be on duty during each and every day and night In the absence of the Fire Chief, the senior officer in charge shall have authority to perform all the duties of the Fire Chief..

(Code 2015)

No person shall be employed as a member of the Fire Department of this City until determined to be physically fit for duty as a firefighter after examination by a physician designated by the City Manager. The Fire Chief or City Manager may, at any time, require a physical examination of any member of the Fire Department as a condition to the continued employment of such person.

(Code 2015)

The Chief of the Fire Department shall keep in convenient form a complete record of all fires as may be necessary for the submission of any reports to the state fire marshal.  Such information shall include:

1.    The time and location of all fires;

2.    Construction of building involved;

3.    Owner and occupancy of building involved;

4.    Manner as to how fires were extinguished;

5.    Value of the buildings and contents;

6.    Loss on building and contents;

7.    Amounts of insurance on buildings, and contents; and

8.    Logs containing the time of departure and return of equipment to station.

(Code 2015)

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, 2012 Edition, including appendix chapters B, C, D, F, I, K, of the 2012 Edition, published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001-2070, are hereby adopted and incorporated by reference as fully as if set out at length herein and, from the date on which this chapter shall take effect, a copy of the named code has been and is now filed in the Office of the City Clerk. State law reference-Rules and regulations of the State Fire Marshal, Kansas Fire Prevention code, K.S.A. 31-134(b).

(K.S.A. 31-134(b); Code 2015)

The International Fire Code, 2012 Edition, shall be enforced by the Fire Chief or such other members of the Fire Department that the Fire Chief designates as inspectors.

(Code 2015)

Whenever the word “jurisdiction” is used in the International Fire Code, it shall mean the City, and whenever the words “Fire Code Official” and “Chief of the Bureau of Fire Prevention” are used, such terms shall mean “Fire Chief and/or their designee”.

(Code 2015)

As referenced and adopted by the City of Ottawa in the International building Code, Article I, Section 6-105 of the Municipal Code.

(Code 2015)

Any person who shall violate any of the provisions of the code adopted in Section 9-105, or fail to comply therewith, or who shall build in violation of any detailed statement of specifications or plans submitted and approved there under, or any certificate or permit issued there under, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the City Manager or by a court of competent jurisdiction, within the time fixed therein, shall severally for each and every such violation and noncompliance, respectively, be guilty of a Class C misdemeanor.

(Code 2015)

Section 101.1 Title. These regulations shall be known as the Fire Code of the City of Ottawa, hereinafter referred to as “this code.”

Section 101.2.1.1 Appendices adopted. The following appendices are adopted as part of this Code:

Appendix B -- Fire Flow Requirements for Buildings

Appendix C -- Fire Hydrant Locations and Distribution

Appendix D -- Fire Apparatus Access Roads

Appendix I -- Fire Protection Systems-noncompliant

Appendix K -- Residential Day-Care Facilities

Section 105.1.1 Permits required. Permits required by this code shall be obtained from the Community Development Department of the City of Ottawa. The exception to this is open burning which shall be regulated and permitted by the Ottawa Fire Department, as regulated by Section 105.6.30.

Section 108 Construction Board of Appeals. Delete this section in its entirety and replace it with Article 1, Section 6-104 of the Municipal Code as adopted.

Section 109.3 Notice of violation. Delete this section in its entirety and replace it with Section 9-109 of this ordinance.

Section 111.4 Failure to comply. Delete this section in its entirety.

Section 307.4 Location. The location for open burning shall not be less than 50 feet from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet of any structure.

Section 307.4.3 Portable outdoor fireplaces. Portable outdoor fireplaces shall be used in accordance with manufacturer’s instructions and shall not be operated within 15 feet of a structure, property linear combustible material. They shall not be used on a combustible deck, and shall have a cover to control sparks. Only charcoal or clean dry wood shall be used for fuel and any outdoor fire that is offensive or objectionable because of smoke emissions or odors shall be prohibited.

Section 5601.1.3 Fireworks. Delete this section in its entirety.

The following appendixes are deleted in their entirety. Appendix A, E, F, G, H, and J.

Add the following Appendix:

APPENDIX K

RESIDENTIAL DAY-CARE FACILITIES

Section K-101 Purpose. The purpose of this Appendix is to provide a reasonable degree of safety to children and providers attending residential day-care facilities.

Section K-102 Scope. The provisions of this Appendix shall apply to all newly established or existing Licensed and Group Day-Care facilities within the City of Ottawa.

Section K-103 Exits.

1. Escape Corridor. Every escape path, including all stairways, shall be clear of obstructions and all doors shall be in proper working condition.

2. Exit Doors. Every required exit door must be capable of being easily opened from the inside at all times when the facility is operating.

3. Exit Pathway Passing by a Basement stairway. If an exit pathway passes by a basement stairway, the stai1way must be separated by a door or gate to prevent children from accidentally entering the basement.

Section K-104 Doors.

1.    Closet Doors. At all times, every closet door must be capable of being easily opened from the inside by children.

2.    Bathroom Doors. Every bathroom door must be capable of being unlocked from the inside at all times. The unlocking key/device must be readily accessible to the staff.

Section K-105 Basements and Second Floor Use.

1.    Before May ·1, 1993. Facilities which possess a Certificate or Day-care License dated before May 1, 1998 may use a basement or second floor for day-care only if there are at least two separate exits to the outside. One exit must be a door and one exit may be an approved escape window. Day-care providers must be able to demonstrate that everyone under their care can safely exit the house and go to a designated safe area within four (4) minutes. The code official may require day-care providers to demonstrate their ability to conduct such an exit drill.

2.    On or After May·1, 1933, Facilities which possess a Certificate or Day-care License dated on or after May 1, 1998 may use a basement for day-care only if there are at least two (2) exits to the outside. One exit must be a door leading directly to the outside. Residential day-care is not allowed on the second floor of a residence.

Section K-106 Portable Fire Extinguishers.

1.    Type and location. A fire extinguisher rated at 2A:10BC is required and must be placed or mounted so that the units operating and mounting mechanisms are located no higher than 48 inches from the floor and no lower than 15 inches above the floor.

2.    Maintenance. Fire extinguishers provided for day-care must be inspected, serviced and tagged within the previous 12 months by a person or business licensed by the Kansas State Fire Marshal. If the fire extinguisher is purchased new, a purchase receipt must be retained that shows the date of purchase. Such a new fire extinguisher does not need to be inspected within the first 12 months after the date shown on the purchase receipt.

Section K-107 Smoke Detectors.

1.    Smoke detector Installation. Smoke detectors shall be installed on every level of the residence according to the manufacturer’s instructions. Smoke detectors shall be located in the pathways serving sleeping and use areas and in each sleeping room used for children.

2.    Smoke Detector Maintenance. Smoke detectors shall be tested monthly. The records of the test shall be kept on file for review upon request of the code official.

3.    Smoke Detector Types. New day-care centers must have hard wired smoke detectors with battery backup or 10-year lithium smoke detectors if installed after January 1, 2003. Any existing facility prior to this date may utilize single station battery operated detection. If single station detectors have been approved the batteries shall be changed every six (6) months and documentation maintained of such.

Section K-108 Heating Devices.

1.    Venting. All natural gas, kerosene, wood, propane heaters, and other open flamed heating devices shall be properly vented to the outside of the residence.

2.    Protective Barriers. All heating devices shall be shielded by a noncombustible barrier that prevents accidental contact with the devices.

3.    Combustible Storage. No combustible storage is allowed within 36 inches of the furnace or hot water heater or other open flame device. All heating devices shall be kept clean and dust free.

Section K-109 Emergency Procedures.

1.    Exit Drills. Exit drill procedures shall be posted and exit drills shall be conducted monthly. Accurate written records of the exit drills conducted in the previous twelve months shall be kept and posted in plain view.

2.    Tornado Procedures. Written emergency procedures for tornadoes shall be posted and shall be practiced monthly. Accurate written records of the emergency tornado procedures practice conducted in the previous twelve months shall be kept and posted in plain view.

Section K-110 General Fire Safety.

1.    Electrical Outlets. All unused electrical outlets in licensed areas shall have child-resistant protective covers in place.

2.    Flashlights. A working flashlight shall be available for each staff member in the day-care.

(Code 2015)