P.O. Box 667 • Goddard, KS 67052 • (316) 794-2441
The Goddard Glance Newsletter
February 2011
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Chapter 7 Fire
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CHAPTER VII. FIRE

Article 1. Fire Department
Article 2. Fire Prevention
Article 3. Fireworks

ARTICLE 1. FIRE DEPARTMENT

  • CITY FIRE PROTECTION. Fire protection for the city shall be provided by the Sedgwick County Fire Department, under a contract between the city and the Sedgwick County Fire Department.
    • "Fire Department" shall mean the Sedgwick County Fire Department.
    • "Fire Chief" or "Chief" shall mean a chief of the Sedgwick County Fire Department or such other member of said department who is in charge of a the operations of a unit of said department.
    • "Fire Inspector" or "Inspector" shall mean a fire inspector for the Sedgwick County Fire Department. (Code 2001)
  • FIRE CHIEF; POWERS.
    • The Fire Chief shall have the right to summon any and all persons present to aid in extinguishing a fire or to aid in removing personal property from any building on fire or in danger thereof and in guarding the same.
    • At fires the chief shall have full power, control and command of all persons present and shall direct the use of the fire apparatus and equipment, and command the fire fighters in the discharge of their duties. He or she shall take such measures as he or she shall deem proper and necessary in the preservation and protection of property and extinguishing of fires. (Code 2001)
  • FIRE EQUIPMENT; EMERGENCY RIGHT-OF-WAY AND USE. All fire apparatus and equipment is hereby given and granted 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, and it shall be unlawful for any person or persons to in any manner obstruct or hinder the apparatus or equipment. (Code 2001)
  • SAME; FIRE HOSE. It shall be unlawful for any person or persons to drive any vehicle over any fire hose laid on any street, alley or lot. This section shall not apply to any apparatus or vehicle being driven by members of the fire department. (Code 2001)
  • OBSTRUCTION OF FIRE HYDRANT. It shall be unlawful for any person to place or cause to be placed upon or about any fire hydrant any rubbish, building material, fence or other obstruction of any character, or in any manner obstruct, hinder, or delay the fire department in the performance of its duties in case of fire. Nor shall any person fasten to any fire hydrant any guy rope or brace, nor stand any vehicle within 15 feet of any such hydrant. (Code 2001)
  • FALSE ALARM. It shall be unlawful for any person to knowingly make or sound or cause to be made or sounded, or by any other means, any false alarm. (Code 2001)


ARTICLE 2. FIRE PREVENTION

  • 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 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 land 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 Goddard, 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. (Ord. 484, Sec. 1; Code 2001)
  • SAME; ENFORCEMENT. The code hereby adopted shall be enforced by the chief of the fire department. (Code 2001)
  • SAME; AMENDMENTS.
    • Wherever the word "Municipality" is used in the code hereby adopted, it shall be held to mean the City of Goddard.
    • All sections of the Uniform Fire Code relating to fireworks are hereby deleted in their entirety. (Code 2001)
  • OPEN BURNING. (Reserved)
  • ACCUMULATION OF RUBBISH AND TRASH. 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 2001)
  • KEEPING OF PACKING MATERIALS. It shall be unlawful to keep excelsior or other packing material in any other than metal or wood metal line 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 2001)
  • STORAGE OF ASHES. 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 2001)
  • 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 2001)
  • 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 2001)
  • SAME; INSPECTIONS TO DISCOVER. 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 2001)
  • ABATEMENT OF FIRE HAZARDS; ISSUING ORDER. 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 2001)
  • SAME; SERVICE OF ORDER; RECORDS. Any order made under section 7-211 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 owners 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 2001)


ARTICLE 3. FIREWORKS

  • FIREWORKS DEFINED. For purposes of this article, 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. 525, Sec. 1; Code 2001)
  • FIREWORKS PROHIBITED.
    • Except as provided in sections 7-303:306; it shall be unlawful for any person to keep, store, display for sale, fire, discharge or explode any fireworks.
    • Nothing in this article shall be construed as applying to:
      • Toy paper caps containing not more than .25 of a grain of explosive composition per cap;
      • The manufacture, storage, sale or authorized use of signals necessary for the safe operation of railroads or other classes of public or private transportation;
      • The military or naval forces of the United States or of this state while in the performance of official duty;
      • Law enforcement officers while in the performance of official duty; or
      • The sale or use of blank cartridges for ceremonial, theatrical or athletic events;
      • The discharge of any firearm in a licensed shooting gallery or by any gunsmith in his or her trade. (Ord. 525, Sec. 2; Code 2001)
  • SAME: EXCEPTIONS; DISCHARGES.
    • Section 7-302 of this article shall not apply to the firing or discharge of fireworks in the City of Goddard between the hours of 8:00 a.m. and 10:00 p.m. on June 27th through July 3rd and July 5th, and 8:00 a.m. and 11:00 p.m. on July 4th. In addition, Section 7-302 of this article shall not apply between the hours of 8:00 a.m. and 10:00 p.m. on December 28, 1999, December 29, 1999, and December 30, 1999, and between the hours of 8:00a.m. December 31, 1999 and 10:00 p.m. January 1, 2000.
    • The Governing Body of the city may, in its discretion, grant permission at any time for the public display of fireworks by responsible individuals or organizations when such display or displays shall be of such a character and so located, discharged and fired as shall not be a fire hazard or endanger persons or surrounding property.
    • It shall be unlawful for any person, firm or corporation to give any public display of fireworks without having first obtained a permit thereof. (Ord. 525, Sec. 3; Code 2001)
  • SAME: EXCEPTION; SALE OF FIREWORKS. Any person who has first obtained a valid permit to sell fireworks within the City of Goddard may do so between the hours of 8:00 a.m. and 10:00 p.m. commencing June 27th and through July 4th of each year, and between the hours of 8:00 a.m. and 10:00 p.m. on December 28, 1999, December 29, 1999, December 30, 1999 and December 31, 1999. (Ord. 525, Sec. 4; Code 2001)
  • PERMIT FOR SALE OF FIREWORKS REQUIRED; FEE; ISSUANCE.
    • It shall be unlawful for any person to sell, display for sale, offer to sell or give away any type of fireworks within the City of Goddard without first paying a fee of Two Thousand Five Hundred Dollars $2,500.00 per establishment or premises to the City Clerk of the City of Goddard and applying for and securing a permit therefor at least Ten (10) days in advance of the date sales are to commence.
    • (b)No permit shall be issued for any location where retail sales are not permitted under the zoning laws. Prior to the issuance of the permit, an inspection will be made of the applicants facility for compliance with this chapter and other pertinent laws, and no permit shall be issued for any premises not in compliance with such laws. Upon qualifying for the permit, the permittee shall prominently display the same at the establishment or premises where fireworks are to be sold or displayed for sale. The permit fee shall not be refundable upon failure to qualify for the permit or withdrawal or cancellation of the application or permit.
    • In the event the sales location is not a permanent sales location, such as a tent or shed, the temporary sales location shall be inspected by and subject to the standards imposed by the Sedgwick County Fire Marshal. The Sedgwick County Fire Marshal inspection receipt shall be conspicuously posted on the premises. If housed in a tent, the tent shall be constructed of a flame retardant material, with a certificate of such flame retardant attached. Any electrical cords shall be appropriately protected from damage by weather, the public and automobiles.
    • Applications for permits to sell fireworks shall not be accepted before the first business day of January of the year for which the permit is to be issued. All applications shall be on a form determined by, and include the information requested by, the City Clerk of the City of Goddard. The permit fee of Two Thousand Five Hundred Dollars ($2,500.00), in certified funds, must accompany each application. The City Clerk of the City of Goddard shall present all applications received to the Governing Body of the City of Goddard at the first meeting after receipt of the application. Subject to a determination by the Governing Body of the City of Goddard, that said applicant has met the all requirements set forth herein, including a determination as to the appropriateness of the proposed site, a permit shall be issued. The City Clerk of the City of Goddard shall notify each applicant by first-class United States Mail whether said applicant was successful in obtaining a permit within Ten (10) business days of the determination by the Governing Body of the City of Goddard Kansas. The permit fee submitted by all unsuccessful applicants shall be returned with the notice that said applicant was not successful in obtaining a permit.
    • The City Clerk of the City of Goddard shall issue the actual sales permit upon proof that the premises has passed the required inspection by the Sedgwick County Fire Marshall. (Ord. 525, Sec. 5; Code 2001)
  • PERMIT FOR PUBLIC FIREWORKS DISPLAY REQUIRED.
    • It shall be unlawful for any person to give or provide a fireworks display for the public or for organized groups without first obtaining a permit form the Sedgwick County Fire Marshall to do so by making application at least 10 days in advance of the desired display. No permit shall be approved unless the applicant furnishes a certificate of public liability insurance for the display in a minimum amount of $500,000.00, written by an insurance carrier licensed to do business in Kansas, conditioned as being non-cancellable except by giving 10 days advance written notice to the City Clerk of the City of Goddard. In the event of cancellation of the insurance prior to the display, the permit shall automatically be revoked and void. The application for the permit shall clearly state:
      • The name of the applicant.
      • The group for which the display is planned.
      • The location of the display.
      • The date and time of the display.
      • The nature or kind of fireworks to be used.
      • The name of the person, firm or corporation that will make the actual discharge of the fireworks.
      • Anticipated need for police, fire or other municipal services.
    • No permit shall be issued if the location, nature of the fireworks or other relevant factor is such as to create an undue hazard or risk of harm or damage to persons or property.
    • After proper investigation, the Sedgwick County Fire Marshall shall have the power to issue reasonable rules and regulations for the granting of said permit. Only those persons actually approved as operators by the Fire Marshall shall handle or discharge any fireworks at such a public display. (Ord. 525, Sec. 6; Code 2001)
  • APPROVED FIREWORKS; BOTTLE ROCKETS PROHIBITED.
    • All fireworks offered for sale and discharged within the City of Goddard shall be of a type that has been tested and approved for sale and use within the state by the State Fire Marshal.
    • Bottle rockets and other similar self-propelled firework or fireworks devices consisting of a tube and attached guiding stock or rod shall not be sold or discharged in the city. (Ord. 525, Sec.7; Code 2001)
  • DISCHARGE ON STREETS AND PUBLIC PROPERTY PROHIBITED. It shall be unlawful for any person to discharge, ignite or fire any fireworks upon any public street, alley or avenue or in any park or on any other public property within the City of Goddard, unless the same has been designated by the Chief of Police as a public fireworks discharge area. (Ord. 525, Sec. 8; Code 2001)
  • THROWING PROHIBITED. It shall be unlawful for any person to throw, cast or propel fireworks of any kind in the direction of or into the path of any animal, person or group of persons, or from, in the direction of or into any vehicle of any kind. (Ord. 525, Sec. 9; Code 2001)
  • SALE OF FIREWORKS; WHERE PROHIBITED.
    • It shall be unlawful for fireworks to be stored, sold or displayed for sale in a place of business where paint, oils, varnishes, turpentine or gasoline or other flammable substances are kept, unless such fireworks are in a separate and distinct section or department of the premises.
    • Where the Police Chief determines the sale or discharge of fireworks creates a fire hazard or unreasonable interference with commerce, said Police Chief is hereby authorized to have such hazard abated. Failure to comply with an order of the Police Chief to abate such a fire hazard or interference with commerce, shall be considered a violation of this ordinance. (Ord. 525, Sec. 10; Code 2001)
  • RETAIL DISPLAY OF FIREWORKS.
    • All retailers are forbidden to expose fireworks where the sun shines through glass on the merchandise displayed, except where such fireworks are in the original package.
    • All fireworks displayed for sale must remain in original packages, except where an attendant is on constant duty at all times where such fireworks are on display; provided, that fireworks in open stock may be kept in show cases or counters out of the reach of the public without an attendant being on duty.
    • Signs reading "Fireworks for Sale--No Smoking Allowed" shall be displayed in the section of a store or premises set aside for the sale of fireworks. No person shall smoke any cigarette, cigar, pipe or other similar device within 25 feet of any store or premises, or section thereof which is so posted.
    • Any retailer may post one sign which is visible from any adjacent street, road, or thoroughfare which reads "Fireworks" or "Fireworks for Sale". In addition, any such sign may set forth the name of the person, group or organization holding the permit issued hereunder. No such sign shall be placed on the premises earlier than June 25th or remain on the premises after July 7th. No retailer shall be required to obtain a separate permit for the sign permitted by this subsection, but any such sign shall in all respects conform size and other restrictions set forth in the ordinances of the city. (Ord. 525, Sec. 11; Code 2001)
  • FIRE EXTINGUISHES REQUIRED.
    • At least Two (2) functioning and approved fire extinguishes must be provided and kept in close proximity to the stock of fireworks in all permanent buildings where fireworks are stored, sold or displayed for sale..
    • Small stands, temporarily erected to be used as a place for storing and selling fireworks only, shall have at least One (1) such fire extinguisher, or in lieu of the fire extinguisher, a pressurized water hose with nozzle end within five feet of the fireworks stand. (Ord. 525, Sec. 12; Code 2001)
  • RESTRICTIONS AS TO GASOLINE INSTALLATIONS. It shall be unlawful to store, keep, sell, display for sale or discharge any fireworks within 50 feet of any gasoline pump, gasoline filling station, gasoline bulk station or any building in which gasoline or volatile liquids are sold in quantities in excess of one gallon, except in stores where cleaners, paints and oils are handled in sealed containers only. (Ord. 525, Sec. 13; Code 2001)
  • AUTHORITY OF POLICE CHIEF. The Chief of the Police Department is authorized to inspect at any time, any premises at which fireworks are sold and to seize and confiscate all fireworks which may be kept, stored or used in violation of any section of this ordinance, and all of the rules of the state fire marshal. He or she shall dispose of all such fireworks as may be directed by the Governing Body. (Ord. 525, Sec. 14; Code 2001)
  • PENALTY. Any person, whether acting on his or her own behalf or that of any group or organization, who violates any section of this Ordinance shall be deemed to be guilty of a misdemeanor, and shall, upon conviction be punished by a fine of not more than Five Hundred Dollars ($500.00) or imprisonment of not more Thirty (30) days, or both such fine and imprisonment. (Ord. 525, Sec. 15; Code 2001)
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