Article 1. International Fire Code

13.1.1.     Incorporating fire code.

The International Fire Code, 2012 edition, including appendices B, C, D, E, F, and G, and the International Fire Code Standards, published by the International Code Council, Inc., 500 New Jersey Ave., NW, 6th Floor, Washington, DC 20001, save and except such portions as are omitted, amended or modified in this Article, hereinafter altogether referred to as the “I.F.C.”, “Fire Code,” or “this Code,” is hereby adopted in its entirety by the City of Bel Aire, Kansas, as the fire code for Bel Aire, Kansas, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, from explosion, and from the possession, storage, sale, display, use and discharge or explosion of fireworks, such document as was adopted by the Sedgwick County Fire Code, 2013 Edition, pursuant to Resolution No. 162-2013, and any amendments thereto.

13.1.2.     Inspection, enforcement and prosecution.

Sedgwick County Fire District, Number 1, (District), shall provide inspection and enforcement services in accordance with the Sedgwick County Fire Code, 2013 Edition, and any amendments thereto, as adopted by this Code and by such District pursuant to Sedgwick County Resolution No. 162-2013, pursuant to a Government Services Agreement approved by the Governing Body of the City on June 21, 2016, providing for inspection and enforcement within the municipal boundaries by officers of the Fire Prevention Department, and conferring jurisdiction upon Sedgwick County for all prosecutorial functions relating thereto.

13.1.3.     Amendments.

Changes, additions, and deletions to sections of the I.F.C. and the appendices thereto are adopted only as set forth hereinafter:

101.1 Title. These regulations shall be known as the Fire Code of Sedgwick County, hereinafter referred to as the “fire code,” the “I.F.C.”, or “this code.” This code shall be the fire code for all unincorporated areas of Sedgwick County, Kansas, included in county fire district number one, including those second- and third-class cities located therein which have by action of their governing bodies adopted the same fire code and standards in the same form as herein contained providing for enforcement within their municipal boundaries by officers of the bureau of fire prevention and conferring jurisdiction upon the county for all prosecutorial functions relating thereto.

SECTION 101, GENERAL

Sec. 101 is hereby amended by adding a new Section 101.6, which shall read as follows:

101.6 Reference Codes.

Whenever used in the Fire Code, the term “ICC Electrical Code” shall be construed to mean the current Sedgwick County Electrical Code.

Whenever used in the Fire Code, the term “International Fuel Gas Code” shall be construed to mean the current Sedgwick County Plumbing Code.

Whenever used in the Fire Code, the term “International Mechanical Code” shall be construed to mean the current Sedgwick County Mechanical Code.

Whenever used in the Fire Code, the term “International Plumbing Code” shall be construed to mean the current Sedgwick County Plumbing Code.

Whenever used in the Fire Code, the term “International Existing Building Code” shall be construed to mean the current Sedgwick County Building Code.

SECTION 103, DEPARTMENT OF FIRE PREVENTION

103.2 Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction; and the code official shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authority. Persons so appointed by the code official shall be “code enforcement officers” as code enforcement officer is defined in K.S.A. 19-101d(b)(2) and shall have the power to sign, issue and execute uniform complaints and notices to appear as set out by K.S.A. 19-101d in addition to all other powers and authority granted to them or any of them by any other applicable federal, state or county law, rule or regulation.

SECTION 105, PERMITS

Section 105.1 is hereby amended by adding a new Section 105.1.4, which shall read as follows:

 

105.1.4, PERMITS AND OTHER FEES

Operational Permits (Sec. 105.6) - Permit to Operate/Use
Wood Products Storage Permit	$500.00 per year
(in excess of 1,000 cubic feet)
Explosive Storage Permit  - Outdoor storage units	$150.00 per unit
Explosive Storage Permit  - Building	$200.00 per unit
Explosive Storage Permit  - Fire works sales not to exceed 15 day	$20.00 per unit
Flammable and Combustible Liquid Tank at Construction Sites:
500 gallons	$50.00 per tank
501-1000 gallons	$75.00 per tank
1001 gallons or more	$100.00 per tank
Commercial Burning - 30 day permit	$ 75.00 per permit
(Contracted work for Governmental entities is not exempt from the fee)
Pyrotechnic Special Effects Display Permit - Indoor/Outdoor	$100.00 per event
(The fee shall increase $25 per day each day the application is submitted less than 10 days prior to the event)
Pyrotechnic Special Effects Display Permit - Re-inspection fee	$100.00 per inspection
Special Amusement Facility or similar operations - Indoor/Outdoor	$50.00 per event
Special Amusement Facility or similar operations - Indoor/Outdoor Re-inspection	$100.00 per inspection
Storage of scrap tires and tires byproducts	$500.00 per year

 

Construction Permits (Sec. 105.7) - Permit to Install/Alter
Fire Alarm and Detection Systems	$35.00
Fire Extinguishing system - Cooking Hood System (New Install)	$35.00 per system
Fire Extinguishing system - Spray Finishing Operation (New Install)	$60.00 per system
Fire Sprinkler System	$35.00
Private water supply lines for fire protection	$70.00
Temporary membrane structures, tents and canopies	$35.00 per structure

 

Fire Alarm and Sprinkler System Plan Review Fees (Sec. 112)
Devices or Heads	Fee
1-19	$50.00
20-100	$125.00
101-200	$175.00
201-300	$225.00
301-400	$275.00
401-500	$325.00
501-700	$375.00
701-900	$425.00
901-1100	$475.00
>1100	$475.00	*
*plus $0.50 per every device or head greater than 1100

 

Other Fees
Appeals Fee (Sec. 108.1.1)	$100.00 per appeal
Printed copy of the Fire Code Amendments	$25.00 per copy
Fire Hydrant Flow Test conducted by the fire Department	$100.00 per test report
Fire Run Reports
(When requested along with the fire investigation report, a single fee shall apply)
0 to 2 years after date of incident	$25.00 per incident
2 to 4 year after date of incident	$35.00 per incident
5 or more years after date of incident	$75.00 per incident
Fire Investigation report
(When requested along with the fire run report, a single fee shall apply)
2 to 4 years after date of incident	$35.00 per incident
5 or more years after date of incident	$75.00 per incident
Fire Protection Equipment and Fire Hydrant Verification (in written format)	$35.00 per hour
Inspections conducted outside of normal business hours, except Pyrotechnic Displays
	$35.00 per hour (minimum charge - $35 )
Interpretation of a fire code requirement (in written format)	$35.00 per hour (minimum charge - $35)
Re-inspection fee of a fire alarm system, fire detection system, or fire sprinkler system resulting from system failure or contractor delay
	$200.00 per inspection
Additional Plan Review Fee resulting from an incomplete submittal or denial of plans
	One-half of original fees (minimum charge - $35 )
Additional Expedited Plan Review Fee	One-half of original fees (minimum charge - $35 )
Return Check Fee	$30.00, plus original fees
Reproduction cost of 35mm, digital, video or audiocassette	$35.00 per hour, plus actual cost of reproduction cost
	(minimum charge - $35 )

Section 105 is further amended with the addition of new Section 105.1.5, which shall read as follows:

 

105.1.5 Payment of fees. Cash or check may used for the payment of permits and other fees required by this code. In any case where a check issued for payment of permits or other fees required by this code is returned marked “insufficient funds” or “account closed” or otherwise dishonored, the remitter of the check shall be liable for a $30.00 return check service charge, in addition to the permit or other fee. The amount of the returned check, together with the service charge shall constitute a debt due the county, which may be collected by suit or otherwise. Nothing in this subsection shall be construed so as to exclude criminal prosecutions as in other cases involving dishonored checks. A return check shall void and nullify any approval granted by the fire department until such time new permit application are reviewed and approved by the fire department. Payment of those fees shall be either certified check or by cash.

Section 105.6 is hereby deleted in its entirety and a new Section 105.6 is hereby adopted, which shall read as follows:

105.6 Required operational permits. A permit shall be obtained from the bureau of fire prevention of Sedgwick County Fire District Number 1 prior to engaging in the following activities, operations, practices or functions:

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.

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.

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.

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.

105.6.5 Pyrotechnic special effects material. A non-renewable operational permit is required for use and handling of pyrotechnic special effects material at any location.

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

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

105.6.6 Outdoor special amusement facility or similar operations. An operational permit is required to operate an outdoor special amusement facility haunted forest or similar operation

105.6.7 Indoor 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

105.6.8 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.

Section 105.7 is hereby deleted in its entirety and a new Section 105.7 is hereby adopted, which shall read as follows:

105.7 Required construction permits. A permit is required to be obtained from the Fire Prevention Bureau of Sedgwick County Fire District #1 prior to engaging in the following activities, operations, practices or functions.

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.

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.

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

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

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.

SECTION 108, BOARD OF APPEALS is hereby deleted in its entirety and a new Section 108 is hereby adopted, which shall read as follows:

108.1 Board of appeals established. In order to determine the suitability of alternate materials and type of construction and to provide for reasonable interpretations of the provisions of the I.F.C, there shall be and hereby is created a board of appeals consisting of six (6) member who are qualified by experience and training to pass upon pertinent matters and who are not employees of county or county fire district number one, who shall be qualified, appointed and sworn to the office before the county clerk. The fire chief of county fire district number one and the director of the department of code enforcement shall attend each meeting of the board of appeals and shall be available to defend decisions made by the fire chief and to provide technical information to the board of appeals, but neither the fire chief nor the director of the department of code enforcement shall have a vote upon any matter before the board of appeals. The county counselor shall provide legal counsel for the board of appeals. The board of appeals shall be appointed by the governing body of county fire district number one to serve at its pleasure and each board member so appointed shall serve for a term of three (3) years. In the event of the death, resignation or disqualification of any member of the board of appeals, such member's successor shall be appointed as herein provided to fill only the un-expired term caused by the vacancy. The board of appeals shall adopt reasonable rules and regulations for conducting its investigations, and shall appoint one of its members to serve as secretary whose duty shall be to keep accurate written minutes of each meeting, and the board of appeals shall render all findings and decisions in writing to the fire chief with a duplicate copy to the applicant or appellant.

The Board of Appeals shall consist of at least one individual from each of the following professions:

Registered design professional that is a registered architect with at least ten years experience, five of which shall have been in responsible charge of work.

Registered design professional with structural engineering or architectural experience.

Registered design professional with mechanical or plumbing engineering experience; or a mechanical or plumbing contractor with at least ten years experience, five of which shall have been in responsible charge of work.

Registered design professional with electrical engineering experience; or an electrical contractor with at least ten years experience, five of which shall have been in responsible charge of work.

Registered design professional with fire protection engineering experience; or a fire protection contractor with at least ten years experience, five of which shall have been in responsible charge of work.

Licensed General contractor with at least ten years experience regularly engaged in the construction, alteration, maintenance, repair or remodeling of buildings or building services and systems regulated by the code.

108.1.1 Application for appeal. All appeals shall be made in writing to the chief of the fire department within ten (10) calendar days of the pronouncement of the decision being appealed from, or be forever barred. Any applicant or appellant desiring to use alternate materials or types of construction shall guarantee payment of all expenses for any tests deemed necessary by the board of appeals. Such request shall include an appeal fee of $100. The appeal fee may be waived by the code official if it is determined it will cause financial hardship to the appellant. The determination is to be made prior to the application for appeal being submitted to the chief of the department in such format as provided by the fire department.

108.2 Limitations on authority. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted thereunder has been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed. The board shall have no authority to waive requirements of this code. In making its decision, the board of appeals shall consider the degree of safety to be achieved and any resulting detriment to the public welfare, and if available, the board of appeals shall use established standards of nationally recognized laboratories and research organizations. The board, in cooperation with the fire chief, shall make a review of the fire code as deemed necessary and appropriate and they shall make a report to the governing body of county fire district number one regarding recommendations for changes thereto.

108.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to hazards of fire, explosions, hazardous conditions or fire protection systems and are not employees of the jurisdiction.

108.4 Conflict of interest. Members with a material or financial interest in a matter before the board shall declare such interest and refrain from participating in discussions, deliberations, and voting on such matters.

SECTION 109, VIOLATIONS is hereby deleted in its entirety and a new Section 109 is hereby adopted, which shall read as follows:

109.1 Unlawful acts. Any person who shall violate any of the provisions of the I.F.C. hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the board of appeals or by the county court, within the time fixed for correction of the violation by the board of appeals or the county court, shall be, severally for each and every such violation and noncompliance, respectively, guilty of a violation of the county code, punishable by a fine according to the fine schedule in chapter 8. The imposition of a penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a time limit set by the board of appeals or by the county court, whichever the case may be; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense.

109.2 Notice of violation and order to comply. Whenever the Fire Marshal or any code enforcement officer authorized under this article has probable cause to believe that a person, firm or corporation is committing or has committed a violation of any provision of the Fire code, the fire official or such code enforcement officer may first cause a notice of violation and order to comply to be served upon said person, firm or corporation responsible therefore. Such notice shall:

Be in writing;

Include a description of the real estate and/or the street address sufficient for identification;

Specify the violation(s), which exists, and the correction(s) ordered;

Allow a reasonable time for the performance of any act it requires.

Such notice shall be deemed to be properly served upon such alleged violator if a copy thereof is delivered to such alleged violator personally, or, if not found, a copy thereof is left at such alleged violator's place of abode with a person of suitable age and discretion who shall be informed of the contents thereof. Such notice shall also be deemed to be properly served upon the alleged violator if a copy thereof is sent by mail to such alleged violator's last known address, or, if the letter with a copy is returned showing it has not been delivered, a copy thereof is posted in a conspicuous place on or about the building or structure affected by the notice.

109.3 Prosecution of violation. In case any notice of violation and order to comply authorized herein is not complied with, the fire official or such code enforcement officer may request the county counselor to institute an appropriate action or proceeding against the person, firm, or corporation responsible for the violation:

To restrain, correct, or remove the violation or to compel such person, firm, or corporation to refrain from any further execution of work;

To restrain or correct the erection, construction, enlargement, alteration, repair, movement, improvement, removal, conversion, demolition, equipping, use, or maintenance of such building or structure or part thereof;

To require the removal of work in violation;

To prevent the maintenance, occupation or use of the building, structure, or part thereof which is erected, constructed, enlarged, altered, repaired, moved, improved, removed, demolished, converted, equipped, used or maintained in violation of the Fire code or in violation of a plan or specification under which an approval, permit or certificate was issued.

In addition, or in the alternative, the fire official or code enforcement officer may proceed with the penalties provision set forth in Section 109.4.

109.4 Violation penalties.

109.4.1 Issuance of uniform complaint and notice to appear. Whenever the fire official or a code enforcement officer authorized under this article has probable cause to believe that a person, firm, or corporation is committing or has committed a violation of any provision of the Fire code, the fire official or such code enforcement officer may serve upon such accused person a uniform complaint and notice to appear, or in the alternative, may sign a complaint against the accused person and cause a notice to appear to be issued according to the provisions of K.S.A. 19- 4701, et seq., the code for the enforcement of county codes and resolutions. Pursuant to K.S.A. 19-101d, prosecution for any such violation shall be conducted in the manner provided by law in the district court under the code for the enforcement of county codes and resolutions as provided by K.S.A. 19-4701, et seq. Writs or processes necessary for the prosecution of such violations shall be substantially in the form of writs and process as shown in K.S.A. 19-4738. The county shall provide all necessary supplies, forms and records at its own expense.

109.4.2 Procedures. Procedures for prosecution of violations of the Fire code and this article shall be pursuant to chapter 8 of the Sedgwick County Code.

109.4.3 Classification of violations and schedule of fines. An accused person who shall be convicted in the district court for violation of any provision of the Fire code or this article shall be deemed guilty of a violation thereof and in accordance with K.S.A. 19-4716, shall be subject to payment of a fine which shall be fixed by the Court; provided further, the minimum fine for any violation of this article shall be assessed according to the classification of violations and schedules of fines in Section 8-5 of the Sedgwick County Code and subject to the enhancements contained therein. Every violation of this article shall be a class G violation, except that those violations separately listed in Schedule A of this resolution shall be classified as set forth in that Schedule, as amended. Certain violations listed in Schedule A are special class violations which shall carry a minimum fine of $1,000.00 each.

109.4.4 Separate Offense. Each day that any violation of the Fire code or of this article occurs after the passage of the reasonable time for performance of any act required by a Notice of Violation(s) and Order(s) to Comply has been served in accordance with the terms and provisions hereof shall constitute a separate offense and shall be punishable as a separate violation. Provided, however, that if any person, firm or corporation is found guilty of a violation hereunder and it shall appear to the Court that the violation complained of as prescribed in this article is continuing, then in addition to the penalty as set forth, the Court may enter such order as it deems appropriate to cause the violation to be abated.

SECTION 112, PLAN REVIEW is hereby added, establishing a system of plan review and fees for same.

112.1 Plan review mandatory. All building plans required by law to be submitted to the department of code enforcement for plans review shall also be submitted to the bureau of fire prevention, county fire district number one, whenever the location of the project described in the building plans is within the taxing district boundaries of county fire district number one, or in a jurisdiction that has entered into a separate agreement with the county and county fire district number one 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 Code Enforcement for plan review but are required to be submitted to the bureau of fire prevention by another building code enforcement agency, they shall be submitted in such form and detail as approved by the bureau of fire prevention.

Exception: Building plans for projects other than roofed and walled structures built for permanent use are not required to be submitted to the bureau of fire prevention pursuant to this Section.

112.2 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.

112.3 Plans and Specifications. Whenever plans are submitted in accordance with Section 112.1, 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.

112.4 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

112.5 Fee assessed. The bureau of fire prevention shall assess a plan review fee for the service, and the fee shall be based on the value of construction as certified pursuant to Section

112.4 and shall be twenty-five percent (25%) of the plan review fee assessed by the department of code enforcement as established in the current Sedgwick County building codes, Article II of Chapter 6 of the Sedgwick County Code. The Sedgwick County Department of Code Enforcement shall remit twenty-five percent (25%) of the plan review fee it collects to the county fire district to satisfy this fee amount. Whenever another building code enforcement agency does not use the plan review fee schedule as established in the current Sedgwick county building codes, the bureau of fire prevention shall assess a plan review fee in accordance with Schedule B of this resolution, which shall be the result of multiplying the value of the construction by the applicable multiplier.

112.6 Payment of fee. The plan review fee shall be paid by the person, individual or corporation submitting the building plans by personal or cashier's check or money order made payable to the bureau of fire prevention, county fire district number one and shall be paid at the time the building plans are delivered to the bureau of fire prevention. The plan review fee due to the bureau of fire prevention may be included in the payment of fees due to the department of code enforcement for the purpose of presenting only one check for payment thereof. The department of code enforcement shall deposit the plan review fee into the account of the bureau of fire prevention, county fire district number one as received.

112.7 Payment of fee required prior to plan review. The plan review as required in Section

112.1 shall not be completed until the required plan review fee has been paid.

112.8 Plan review required. It shall be unlawful for a person to proceed with construction until building plans have been approved by the fire prevention bureau, county fire district number one, whenever such plan review is required by this section.

112.9 Dishonored checks. In any case where a check issued for payment of plan review fees is returned marked “insufficient funds” or “account closed” or otherwise dishonored, the remitter of the check shall be liable for a $30.00 return check charge, in addition to the plan review fee. The amount of the returned check, together with the service charge shall constitute a debt due the county, which may be collected by suit or otherwise. Nothing in this subsection shall be construed so as to exclude criminal prosecutions as in other cases involving dishonored checks.

SECTION 202, DEFINITIONS is hereby 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 in accordance with Section 302.2 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 ten (10) or less children

SPECIAL AMUSEMENT BUILDING. A special amusement building is any temporary or permanent building or portion thereof that is occupied for amusement, entertainment or educational purposes and that contains a device or system that conveys passengers or provides a walkway along, around or over a course in any direction so arranged that the means of egress path is not readily apparent due to visual or audio distractions or is intentionally confounded or is not readily available because of the nature of the attraction or mode of conveyance through the building or structure. This term shall include any structure, facility or area or any part thereof operated as a special amusement operation, haunted house, fun house, spook house, haunted cave or mansion, spook walk, haunted forest, whether or not such operation or use is for profit

SECTION 301 GENERAL is amended with the addition of new Section 301.3, which shall read 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.

SECTION 302.1, DEFINITIONS is hereby amended as follows:

BONFIRE. An outdoor fire utilized for ceremonial purposes, which does not meet the criteria for a recreational fire.

SECTION 304, COMBUSTIBLE WASTE MATERIAL

304.3.2 Capacity exceeding 5.33 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.

SECTION 307, OPEN BURNING AND RECREATIONAL FIRES

307.2 Permit required. A permit shall be obtained from the code official in accordance with Section 105.6 prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, a bonfire, or any open burning. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled, or said owner’s designee.

307.3 Location. Open burning shall not be conducted within 100 feet of any structure or other combustible material. Conditions, which could cause the fire to spread to within 100 feet of a structure, shall be eliminated prior to ignition.

307.3.1 Bonfires. A bonfire shall not be conducted within 100 feet of a structure or combustible material unless the bonfire is contained in a barbecue pit. Conditions that could cause a fire to spread within 100 feet of a structure shall be eliminated prior to ignition.

SECTION 308, OPEN FLAMES is hereby amended by adding a new Section 308.3.8, which shall read as follows:

308.3.8 Chimenea and other recreational open flame devices. Recreational open flame devices, including Chimeneas, shall not be located with 10 feet of combustible materials including, but not limited to walls, floors, household items, and combustible vegetation. Such devices shall be placed on a non-combustible surface and shall not be used on balconies or wood decks. The use of such devices shall be discontinued when there is a ban on burning issued by federal, state or local agencies. Such devices shall not be used when the wind speed is in excess of 15 m.p.h. Such devices shall not be used within 500 feet of shake shingle communities, unless provided with spark arrestor with a minimum ½ inch metal screen secured by metal wire, located on the device’s vent. Only limbs, leaves, and wood chips may be burned within the recreational open flame device. Other fuel products such as paper, plastic and rubbish are not allowed.

308.4.1 is hereby deleted in its entirety.

SECTION 309, POWERED INDUSTRIAL TRUCKS

309.5 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.

SECTION 311, VACANT PREMISES

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 Sedgwick County codes.

311.3 Removal of combustibles is hereby amended by deleting Exception 2.

SECTION 315.3, MISCELLANEOUS COMBUSTIBLE MATERIALS STORAGE

315.3 Outside storage. Outside storage of combustible materials shall not be located within 10 feet (3048 mm) of a property line or 50 feet from a structure.

Exceptions:

The separation distance to the property line is allowed to be reduced to 3 feet for storage not exceeding 6 feet in height.

The separation distance to structures is allowed to be reduced to 10 feet if the pile does not exceed 6 feet in height.

The separation distance is allowed to be reduced when the code official determines that no hazard to adjoining property or any structure exists.

Section 315 is further amended by adding a new Section 315.3.3, which shall read as follows:

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

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 Sedgwick County 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. See Section 105.6.46.

315.3.3.2 Site plan. A site plan shall be submitted to the Fire Prevention Bureau for approval at the time of permit application.

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.

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.

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.

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.

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").

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.

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.

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. Minimum required width and clearances established under this section shall be maintained at all times.

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.

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

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.0 at ground level regardless of the configuration of the pile.

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').

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.

SECTION 316, REMOVAL OF USELESS DEBRIS OR BURNED BUILDINGS is hereby added.

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. Any such debris that has not been removed as provided by this section is hereby declared to be a public nuisance.

316.2 Burned buildings. Whenever any building or other structure in the fire district 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 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 Sedgwick County Fire Marshall, or any such building or structure that has not been removed as provided by this section, is hereby declared to be a public nuisance.

316.3 Abatement procedure. Useless debris and burned buildings or structures that are declared to be public nuisances by virtue of Section 316.1 or 316.2, shall be subject to abatement in accordance with the provisions of the Sedgwick County Nuisance Abatement Code, Article III, Chapter 19 of the Sedgwick County Code.

Exception: Useless debris and burned buildings or structures that are located within the city limits of a second or third class city, shall be abated in accordance with the adopted ordinance of said city.

SECTION 403, PUBLIC ASSEMBLAGES AND EVENTS

403.1 Standby personnel. When, in the opinion of the code official, it is essential for public safety in a place of assembly or any other place where people congregate, due to the number of persons or the nature of the performance, exhibition, display, contest or activity, the owner, agent or lessee shall employ one or more qualified persons, as required and approved by the code official to be on duty at such place. Such individuals shall be subject to the code officials orders at all times when so employed and shall be in uniform and remain on duty during the times such places are open to the public, or when such activity is being conducted. Before each performance or the start of such activity, such individuals shall inspect the required fire appliances provided to see that they are in proper place and in good working order and shall keep diligent watch for fires or other life safety hazards during the time such place is open to the public or such activity is being conducted, and shall take prompt measures to extinguish fires or perform life saving measures as necessary. Such individuals shall not be required or permitted, while on duty, to perform any other duties than those herein specified.

SECTION 408, USE AND OCCUPANCY-RELATED REQUIREMENTS

408.3.1 First emergency evacuation drill. The first emergency evacuation drill of each school year shall be conducted within 30 days of the beginning of classes.

Section 408 is further amended by adding new Section 408.12, which shall read as follows:

408.12 Special amusement operations. Special Amusement operations shall comply with the requirements of Sections 401 through 406, and the following additional requirements:

Exception: Amusement buildings or portions thereof that are without walls or a roof and constructed to prevent the accumulation of smoke.

408.12.1 Special amusement building. A special amusement building is any temporary or permanent building, or portion thereof, that is occupied for amusement, entertainment or educational purposes, and that contains a device or system that conveys passengers or provides a walkway along, around or over a course in any direction so arranged that the means of egress path is not readily apparent due to visual or audio distractions or is intentionally confounded or is not readily available because of the nature of the attraction or mode of conveyance through the building or structure. This term shall include any structure, facility or area or any part thereof operated as a special amusement operation, haunted house, fun house, spook house, haunted cave or mansion, spook walk, haunted forest, whether or not such operation or use is for profit.

408.12.2 Automatic fire detection. Special amusement buildings shall be equipped with an automatic fire detection system in accordance with Section 907.

408.12.3 Automatic sprinklers. Special amusement buildings shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1.

Exception: Automatic fire sprinklers are not required where the total floor area of a temporary special amusement building is less than 1,000 square feet (93 m 2) and the travel distance from any point to an exit is less than 50 feet (15 240 mm).

408.12.4 Alarm. Actuation of a single smoke detector, the automatic sprinkler system or other automatic fire detection device shall immediately sound an alarm at the building at a constantly attended location from which emergency action can be initiated including the capability of manual initiation of requirements in Section 907.2.11.2.

408.12.5 Emergency voice/alarm communications system. An emergency voice/alarm communications system shall be provided in accordance with Sections 907.2.11 and 907.2.12.2, which is also permitted to serve as a public address system and shall be audible throughout the entire special amusement building.

408.12.6 Exit marking. Exit signs shall be installed at amusement building required exit or exit access doorways. Approved directional exit markings shall also be provided. Where mirrors, mazes or other designs are utilized that disguise the path of egress travel such that they are not apparent, approved low-level exit signs and directional path markings shall be provided and located not more than 8 inches (203 mm) above the walking surface and on or near the path of egress travel. Such markings shall become visible in an emergency. The directional exit marking shall be activated by the automatic fire detection system and the automatic sprinkler system in accordance with Section 907.2.11.2.

408.12.7 Interior finish. The interior finish shall be Class A in accordance with Section 803.1.

408.12.8 General requirements. When the maze concept is used, there shall be no dead- end corridors and there shall be an obvious exit out of the maze every twenty feet (20') of linear travel. All stairways shall be illuminated at a level of at least one foot-candle

408.12.8.1 Groups of children age 12 and under must be accompanied or supervised by a staff person who is 18 years of age or older. Such groups shall consist of not more than 20 persons. The staff person must have in his/her possession an operable flashlight and shall be completely familiar with the special amusement operation or other similar installation

408.12.8.2 There shall be no smoking allowed at any time by anyone inside the special amusement operation or other similar installation. No smoking signs shall be posted.

408.12.8.3 All electrical installations shall meet the requirements of the electrical code.

408.12.8.4 The fire prevention bureau shall be contracted prior to the operation of the special amusement operation or other similar installation for an inspection and planning of evacuation procedures. A plan shall be provided to the fire prevention bureau to accommodate these procedures, which shall show all entries and exits

408.12.8.5 The total number of occupants at any time shall be limited to the number allowed by the fire prevention bureau after the inspection has been performed.

408.12.8.6 There shall be no open flame devices or temporary heaters used.

408.12.8.7 Emergency lighting shall be provided.

408.12.8.8 Tunnels shall not be lower than three feet (3'), or longer than four feet (4') with a removable lid.

408.12.8.9 Parking shall not limit access to emergency apparatus.

408.12.8.10 A telephone shall be installed for emergency use.

408.12.8.11 The use of Visquene plastic sheeting or other black plastic sheeting shall be strictly prohibited.

SECTION 503, FIRE APPARATUS ACCESS ROADS

503.1 Where required. Fire apparatus access to single family, agriculture or accessory structures shall be provided and maintained in accordance with the current Sedgwick County Service Drive Code. In all other cases fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3.

503.1.1 is hereby amended by deleting Exception 3.

SECTION 508, FIRE PROTECTION WATER SUPPLIES

508.1 Required water supply. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. Recreational vehicle, mobile home and manufactured housing parks, sales lots and storage lots shall provide and maintain fire hydrants and access roads in accordance with Sections 503 and 508.

508.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official.

Exceptions:

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

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).

Section 508 is further amended by adding new Section 508.2.1, which shall read as follows:

508.2.1.1 Installation of private fire service mains. Whenever potable water is required it shall be protected against backflow. The fire protection contractor installing the automatic fire protection system shall install any device installed to provide said protection. The water supply line for an automatic fire sprinkler system shall also be required to be installed by the same fire protection contractor. Any fire protection devices or valves that maybe required to be installed on a fire protection line servicing a building shall be preformed by the fire protection contractor installing the fire protection system inside the building.

SECTION 603, FUEL-FIRED APPLIANCES

603.8.1 Residential incinerators. Freestanding residential incinerators shall be constructed of brick, concrete hollow tile, or other fire-resistive material, with a completely enclosed combustion chamber.

603.8.2 Spark arrestor. Residential incinerators shall be equipped with a spark arrester, which shall be constructed of iron, heavy wire mesh or other noncombustible material with openings not larger than one-half (½) inch.

603.8.3 Location. Use of free-standing incinerators is prohibited, except that the occupant of a single family dwelling may burn only the combustible residential trash of the occupant of such single family dwelling in a free-standing incinerator of a design that is in accordance with specifications provided by the fire prevention bureau and provided further that such free-standing incinerator is located and operated at least one hundred feet (100') from any dwelling, structure, or building, whether occupied or not, and ten feet (10') from any property line.

Exception:

This restriction shall not apply to barbecue pits and outdoor fireplaces built in accordance with the building code.

Burning may be further restricted by the solid waste code of Sedgwick County.

603.8.4 Conditions. Use of freestanding incinerators is restricted to the period from one hour after sunrise to one hour before sunset, provided that no other more restrictive law of any other governmental agency applies, and provided that wind speeds are not in excess of fifteen miles per hour (15 mph). Additionally, a competent person must attend all freestanding incinerators during incineration, and suitable fire extinguishing equipment as specified by the fire prevention bureau must be immediately available. Conditions that could cause the fire to spread to within 100 feet of a structure shall be eliminated prior to ignition.

SECTION 604, EMERGENCY AND STANDBY POWER SYSTEMS

604.3 Maintenance. Emergency and standby power systems shall be maintained in accordance with N.F.P.A. 110 and N.F.P.A. 111 such that the system is capable of supplying service within the time specified for the type and duration required.

SECTION 610, COMMERCIAL KITCHEN HOODS

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.

Exception: Domestic cooking appliances used for noncommercial purposes may be permitted, when in the opinion of the code official a limited cooking operation is being conducted. They shall be provided with a commercial Type II exhaust hood and equipped with a fire suppression system.

SECTION 901, GENERAL

901.1 Scope. The provisions of this chapter shall specify where fire protection systems are required and shall apply to the design, installation and operation of fire protection systems. Where buildings, or portions thereof, are divided into fire areas so as not to exceed the limits established for requiring a fire protection system in accordance with this chapter, such fire areas shall be separated by fire barriers having a fire-resistance rating of not less than that determined in accordance with Table 302.3.3 and Section 706.

Exception: Buildings constructed prior to the adoption of this code may have a non- conforming fire area increased by not more than 25 percent (25%) of the fire area limitation, for the occupancy classification, as specified under Section 903.2. All additions to the fire area shall be considered as accumulative and subject to the limitations of the construction type.

901.4 Installation. Fire protection systems shall be maintained in accordance with the original installation standards for that system. Required fire protection systems shall be extended, altered, or augmented as necessary to maintain and continue protection whenever the building is altered, remodeled or added to. Alterations to fire protection systems shall be done in accordance with applicable standards, and shall be performed by a licensed Fire Protection Contractor in accordance with Section 901.4.6.

Section 901.4 is further amended by adding new Sections 901.4.5 and 901.4.6, which shall read as follows:

901.4.5 Plan Review. An examination of plans by the fire prevention bureau is required for any new installation, addition and/or alteration of any fire protection system or fire alarm system. Plans and specifications shall be submitted to the fire department for review and approval prior to construction, and payment of the applicable plan review fee, in accordance with Table 105.1.4.

901.4.6 Authorized Installers. No person or business entity shall install any system regulated by this section unless said person or business entity is a licensed fire protection contractor who has passed an appropriate examination. The International Code Council test for general contractors in the state of Kansas located at 5360 S Workman Mill Road, Whittier, California 90601, or the “Block Test” administered by Experior, 2100 NW 53rd Avenue, Gainesville, Florida 32653-2149, are designated as the standard examinations for determining the qualifications of persons seeking licensure.

Those persons who were licensed as required by the Department of Code Enforcement on December 31, 2003, and whose license has not subsequently lapsed or been suspended or revoked, shall not be required to pass any such examination. Those persons not so licensed on that date, shall be at least a NICET Level II Fire Protection Contractor

901.6 Inspection, testing and maintenance. Fire detection, alarm and extinguishing systems shall be maintained in an operative condition at all times, and shall be replaced or repaired where defective and shall be subject to annual test by a fire protection contractor. Non-required fire protection systems and equipment shall be inspected, tested and maintained in the same manner as required systems. The fire protection contractor shall provide a letter stating the result of the test and corrections of the fire protection system to the fire department.

Section 901.6 is further amended by adding new Section 901.6.3, which shall read as follows:

901.6.3 Authorized Inspectors, test and maintenance personnel. No person or business entity shall inspect, test or maintain any system regulated by this section unless said person or business entity is a licensed fire protection contractor who has passed an appropriate examination. The International Code Council test for general contractors in the state of Kansas located at 5360 S Workman Mill Road, Whittier, California 90601 OR the “Block Test” administered by Experior, 2100 NW 53rd Avenue, Gainesville, Florida 32653-2149, are designated as the standard examinations for determining the qualifications of persons seeking licensure.

Those persons who were licensed as required by the Department of Code Enforcement on December 31, 2003, and whose license has not subsequently lapsed or been suspended or revoked, shall not be required to pass any such examination. Those persons not so licensed on that date, shall be at least a NICET Level II Fire Protection Contractor

SECTION 903, AUTOMATIC SPRINKLER SYSTEMS

903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section. Any reference to Table 503 shall mean the table listed in the International Building Code.

903.2.1 Group A. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as Group A occupancies as provided in this section. The automatic sprinkler system shall be provided throughout the floor area where the Group A occupancy is located, and in all floors between the Group A occupancy and the level of exit discharge.

903.2.1.1 Group A-1. An automatic sprinkler system shall be provided throughout a fire area containing Group A-1 occupancy where one of the following conditions exists:

The fire area exceeds 12,000 square feet (1115 m2) for Type IIB, IIIB, VA, and VB construction, or the basic allowable area for the construction type per Table 503 for the remaining construction types.

The fire area is located on a floor other than the level of exit discharge.

The fire area contains a multi-theater complex.

903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for new Group A- 2 occupancies, and when existing A-2 occupancies are remodeled to the extent that requires the submission of building plans or the issuance of a building permit, when one or more of the following conditions exists:

The fire area exceeds 5,000 square feet (464.5m2);

The fire area has an occupant load of 300 or more;

The fire area is located on a floor other than the level of exit discharge; or

The fire area contains a nightclub, drinking establishment, bar, or tavern that has an occupant load of 100 or more, and where the consumption or possession of alcoholic beverages is permitted and entertainment in any form is provided.

903.2.1.3 Group A-3. An automatic sprinkler system shall be provided throughout a fire area containing a Group A-3 occupancy where one of the following conditions exist:

The fire area exceeds 12,000 square feet (1115 m2) for Type IIB, IIIB, IIN, VA and VB construction, or the basic allowable area for the construction type per Table 503 for the remaining construction types.

The fire area is located on a floor other than the level of exit discharge.

903.2.1.4 Group A-4. An automatic sprinkler system shall be provided throughout a fire area containing Group A-4 occupancy where one of the following conditions exists:

The fire area exceeds 12,000 square feet (1115 m2) for Type IIB, IIIB, VA and VB construction, or the basic allowable area for the construction type per Table 503 for the remaining construction types.

The fire area is located on a floor other than the level of exit discharge.

903.2.3 Group F-1. An automatic sprinkler system shall be provided throughout all buildings where the fire area containing a Group F-1 occupancy exceeds the basic allowable area for the construction type per Table 503 for the remaining construction types, or where more than three stories in height, or where the combined fire area on all floors, including mezzanines, exceed double the basic allowable areas for the construction type per Table 503.

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 International Residential Code.

903.2.8 Group S-1. An automatic sprinkler system shall be provided throughout all buildings where the fire area containing a Group S-1 occupancy exceeds the basic allowable area for the construction type per Table 503 for the remaining construction types, or where more than three stories in height, or where the combined fire area on all floors, including mezzanines, exceed double the basic allowable areas for the construction type per Table 503.

903.2.10.1.1 Opening dimensions and access. Openings shall have a minimum dimension of not less than 30 inches (762 mm) in width and 48 inches (1219 mm) in height. Such openings shall be accessible to the fire department from the exterior and shall not be obstructed in a manner that fire fighting or rescue cannot be accomplished from the exterior.

903.3.5 Water supplies. Water supplies for automatic sprinkler systems shall comply with this section, the standards referenced in Section 903.3.1, and shall be installed in accordance with Section 508.2.1.1. The potable water supply shall be protected against backflow in accordance with the requirements of this section and the International Plumbing Code.

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.

SECTION 904, ALTERNATIVE AUTOMATIC FIRE-EXTINGUISHING SYSTEMS is hereby amended by amending Section 904.11.6.3, and adding new Sections 904.3.5, 904.3.6, and 904.11.7, as follows:

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.

904.3.6 Authorized Inspectors, test and maintenance personnel. Any such system shall be designed, installed, inspected, tested and maintained by any contractor so authorized by the Kansas State Fire Marshal’s Office in accordance with state law.

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:

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.

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

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

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

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

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

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

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

Dampers and diffusers shall be positioned for proper airflow.

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

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.

Cleaners shall inspect the entire exhaust system following a cleaning.

Certificates of inspection and cleaning shall be maintained on the premises and are subject to inspection during regular business hours by the Sedgwick County Fire Department.

 

Table 904.11.6

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

SECTION 906, PORTABLE FIRE EXTINGUISHERS

 

906.1 is hereby amended by the deleting the exception in its entirety.

SECTION 907, FIRE ALARM AND DETECTION SYSTEMS

Section 907.2.3 is hereby amended by deleting all exceptions in their entirety.

Section 907.2.9 is hereby amended by deleting exception 2.3 to 907.2.9(3).

Section 907.2.10.1 is hereby amended by adding new Section 907.2.10.1.4, which shall read as follows:

907.2.10.1.4 Additions, alterations or repairs to Group R. Where an addition, alteration or repair to an individual dwelling unit or guestrooms in Group R requires a permit, smoke alarms shall be installed within that individual dwelling unit or guestrooms in accordance with this section. Where one or more sleeping rooms are added to or created in an existing Group R, smoke alarms shall be installed in accordance with this section.

Exception: Smoke alarms located in an existing individual dwelling unit, sleeping room or guestroom may remain as previously approved unless the addition, alteration or repair results in the removal of interior wall or ceiling finishes exposing the structure within the sleeping area. In all cases, smoke alarms shall comply with Section 907.2.10.2.

907.2.11 Special amusement buildings. An approved automatic smoke detection system shall be provided in special amusement buildings in accordance with this section.

Exceptions:

In areas where ambient conditions will cause a smoke detection system to alarm, an approved alternative type of automatic detector shall be installed.

When in the opinion of the code official that the building is used for special amusement for a period not to exceed 60 days, alternate means of systems response may be approved.

SECTION 910, SMOKE AND HEAT VENTS

910.2.1 Group F-1 and S-1. Buildings and portions thereof used as a Group F-1 or S-1 occupancies having more than 50,000 square feet (4645 m 2).

Exception: Areas completely separated by non-combustible partitions so that no one area exceeds 50,000 square feet (4645 m2). Openings shall be provided with approved automatic or self-closing devices to ensure closure of the opening.

910.2.2 Group H. Buildings and portions thereof used as a Group H occupancy as follows:

In Group H-1, H-2 or H-3, any of which are more than 15,000 square feet (1394 m 2) in single floor area.

In areas of buildings in Group H used for storing Class 2, 3 and 4 liquid and solid oxidizers, Class 1 and un-classified detonatable organic peroxides, Class 3 and 4 unstable (reactive) materials, or Class 2 or 3 water-reactive materials as required for a Class V hazard classification.

910.3 Design and installation. The design and installation of smoke and heat vents and curtain boards shall be as specified in this section and Table 910.3. The requirements of Table

910.3 shall be applied separately over each high-piled storage area for portions of storage areas having different requirements because of commodity classification or storage height.

SECTION 1003, GENERAL MEANS OF EGRESS

Section 1003.5 Elevation Change. Where changes in elevation of less than 12 inches (305 mm) exist in the means of egress, sloped surfaces shall be used. Where the slope is greater than one unit vertical in 20 units horizontal (5 percent slope), ramps complying with Section shall be used. Where the difference in elevation is 6 inches (152 mm) or less, the ramp shall meet the requirements of the American with Disabilities Act (“ADA”).

Exceptions:

A single step with a maximum riser height of 7 inches (178 mm) is permitted for buildings with occupancies in Groups F, H, R-2 and R-3 as applicable in Section 1001.2, and groups S and U-at exterior doors not required to be accessible by the ADA or locations served by a ramp meeting the requirements of the ADA.

A stair with a single riser or with two risers and a tread is permitted at locations not required to be accessible by the ADA, provided that the risers and a treads comply with Section 1009.3, the minimum depth of the tread is 13 inches (330 mm).

An aisle serving seating that has a difference in elevation less than 12 inches (305 mm) is permitted at locations not required to be accessible by the ADA, provided that the risers and treads comply with Section 1024.11 and the aisle is provided with a handrail complying with Section 1024.13.

Any change in elevation in a corridor serving non-ambulatory persons in Group I-2 occupancy shall be by means of a ramp or sloped walkway.

SECTION 1004, GENERAL MEANS OF EGRESS

Section 1004.1.2 is hereby amended by the replacement of Table 1004.1.2, which shall read as follows:

Table 1004.1.2

MAXIMUM FLOOR AREA ALLOWANCE PER OCCUPANT

OCCUPANCY	FLOOR AREA IN SQ. FT. PER OCCUPANT
Agricultural building	300 gross
Aircraft hangars	500 gross
Airport terminal Concourse Waiting areas Baggage claim Baggage handling	100 gross 15 gross 20 gross 300 gross
Assembly Gaming floors (keno, slots, etc.)	11 gross
Assembly with fixed seats	See Section 1003.2.2.9
Assembly without fixed seats Concentrated (chairs only - not fixed Standing space Unconcentrated (tables and chairs)	7 net 5 net 15 net
Bowling centers, allow 5 persons for each lane including 15 feet of runway, and for additional areas	7 net
Business areas	100 gross
Courtrooms - other than fixed seating areas	40 net
Dormitories	50 gross
Educational Classroom area Shops and other vocational room areas	20 net 50 net
Exercise room	50 gross
H-5 Fabrication and manufacturing areas	200 gross
Industrial areas	200 gross
Institutional areas Inpatient treatment areas Outpatient areas Sleeping rooms	240 gross 100 gross 120 gross
Kitchen commercial	200 gross
Library Reading rooms Stack area	50 net 100 gross
Locker rooms	50 gross
Mercantile Basement and grade floor areas Areas on other floors Storage, stock, shipping areas	30 gross 60 gross 300 gross
Parking garages	200 gross
Residential	200 gross
Skating rinks, swimming pools Rink and pool Decks	50 gross 15 gross
Stages and plat form	15 net
Accessory storage areas, mechanical, equipment room areas	300 gross
Warehouse	500 gross

 

SECTION 1006, MEANS OF EGRESS ILLUMINATION

Illumination emergency power. The power supply for means of egress illumination shall normally be provided by the premise’s electrical supply. In the event of power supply failure, am emergency system shall automatically illuminate all of the following areas:

Exit access corridors, passageways, and aisles in rooms and spaces, which require two or more means of egress.

Exit access corridors and exit stairways located in buildings required to have two or more exits.

Interior exit discharge elements, as permitted in Section 1023.1 in buildings required to have two or more exits.

The emergency power system shall provide power for a duration of not less than 90 minutes and shall consist of storage batteries, unit equipment or an on-site generator. The installation of the emergency power system shall be in accordance with the current Sedgwick County Electrical Code.

Performance of system. Emergency lighting facilities shall be arranged to provide initial illumination that is at least an average of 1-foot-candle (11 lux) at a minimum at any point of 0.1 foot-candle (1 lux) measured along the path of egress at floor level. The building official and the Sedgwick County Fire Department shall certify such system.

Exception: Emergency lighting facilities shall be placed at intervals not to exceed 50 feet (15240 mm) on center or 25 feet (7620 mm) in any one direction along the path of egress. Obstructions or changes in direction or exit travel shall be considered the conclusion of the emergency light facility.

SECTION 1008, DOORS, GATES AND TURNSTILES

1008.1.4 Floor Elevation. There shall be a floor or landing on each side of a door. Such floor or landing shall be at the same elevation on each side of the door. Landings shall be level except exterior landings, which are permitted to have a slope not to exceed.25 unit vertical 12 units horizontal (2 percent slope).

Exceptions:

Group R-3 more than three stories high and individual units of Group R-2 where the following apply:

A door is permitted to open at the top step of an interior flight of stairs, provided the door does not swing over the step.

Screen doors and storm doors are permitted to swing over stairs or landings.

A door is permitted to open at the top step of a flight of interior stairs in an attached garage, provided the door does not swing over the top step.

A door is permitted to open at the top step of a flight of exterior stairs from a patio, provided there are no more then four risers.

Exterior doors as provided for in Section 1003.5, Exception 1, and Section 1017.2, which are not an accessible route.

Variations in elevation due to differences in finish materials, but not more than 0.5 inch (12.7 mm).

Exterior decks, patios, or balconies that are part of Type B dwelling units and have impervious surfaces, and that are not more than 4 inches (102 mm) below the finished floor level of the adjacent interior space or dwelling unit.

Doors serving building equipment rooms that are not normally occupied.

Section 1008.1.9 Panic and fire exit hardware. Where panic and fire exit hardware is installed, it shall comply with the following:

The actuating portion of the releasing device shall extend at least one-half of the door leaf width.

A maximum unlatching force of 15 pounds (67 N).

Each door is a means of egress from an occupancy of Group A or E having an occupant load of 50 or more and any occupancy of Group H-1, H-2, H-3, or H-5 shall not be provided with a latch or lock unless it is panic hardware or fire exit hardware.

If balanced doors are used and panic hardware is required, the panic hardware shall be of the push-pad type and the pad shall not extend more than one-half the width of the door measured from the latch side.

SECTION 1009, STAIRWAYS AND HANDRAILS

1009.2 Headroom. Stairways shall have a minimum headroom clearance of 80 inches (2032 mm) measured vertically from a line connecting the edge of the nosings. Such headroom shall be continuous above the stairway to the point where the line intersects the landing below, one tread depth beyond the bottom riser. The minimum clearance shall be maintained the full width of the stairway and landing.

Exceptions:

Spiral stairways complying with Section 1009.9 are permitted a 78-inch (1981 mm) headroom clearance.

Stairways within an individual dwelling unit of Group R-2 and R-3 are permitted a 78-inch (1981 mm) headroom clearance.

Section 1009.3 is hereby amended by modifications to Exception 6, which shall read as follows:

6.     The replacement of existing stairways in accordance with Section 1026.10

1009.11 Handrails. Stairways shall have handrails on each side. Handrails shall be adequate in strength and attachment in accordance with Section 1607.7.

Exceptions:

Aisle stairs provided with a center handrail need not have additional handrails.

Stairways within dwelling units, spiral stairways and aisle stairs serving seating only one side are permitted to have a handrail on one side only.

Decks, patios, and walkways that have a single change in elevation where the landing depth on each side of the change of elevation is greater than what is required for a landing do not require handrails.

In Group R-3 occupancies, a change in elevation consisting of a single riser at an entrance or egress door does not require handrails.

Changes in room elevations of only one riser do not require handrails.

Stairways having less than four risers and serving permanent platforms within auditoriums used for entertainment or presentation need not have handrails, provided that required exits from the platform do not utilize the stairways.

1009.11.5 Handrail extensions. Handrails shall be returned to a wall, guard or the walking surface or shall be continuous to the handrail of an adjacent stair flight. Where handrails are not continuous between flights, the handrails shall extend horizontally at least 12 inches (305 mm) beyond the top riser and at least 12 inches (305 mm) plus the width of one tread beyond the bottom riser. At the bottom, the handrail shall continue to slope for a distance of the width of one tread from the bottom riser; the remainder of the extension shall be horizontal.

Exceptions:

Handrails within a dwelling unit and stairways serving multi-family occupancies that are not subject to the provisions of the Americans with Disabilities Act (“ADA”) need extend only from the top riser to the bottom riser.

Aisle handrails in Group A occupancies in accordance with Section 1024.13.

In buildings served by an accessible ramp or elevator, the handrails need to extend only from the top riser to the bottom riser.

SECTION 1010, RAMPS

1010.6.5 Doorways. Where doorways are located adjacent to a ramp landing, maneuvering clearances required by Americans with Disabilities Act (“ADA”) are permitted to overlap the required landing area

SECTION 1011, EXIT SIGNS

1011.3 Stairway exit signs. A tactile sign stating EXIT and complying with accessibility requirements of the International Building Code shall be provided adjacent to each door to an egress stairway.

SECTION 1012, GUARDS

1012.1 Where required. Guards shall be located along open-sided walking surfaces mezzanines, industrial equipment platforms, stairways, window wells, ramps and landing which are located more than 30 inches (762 mm) above the floor or grade below. Guards shall be adequate in strength and attachment in accordance with Section 1607.7. Guards shall also be located along glazed sides of stairways, ramps, and landings that are located more than 30 inches (762 mm) above the floor or grade below where the glazing provided does not meet the strength and attachment requirements in Section 1607.7.

Exception: Guards are not required for the following locations:

On the loading side of loading docks or piers.

On the audience side of stages and raised platforms, including steps leading up to stages and raised platforms.

On raised stage and platform floor areas such as runways, ramps, and side stages used for entertainment or presentation.

At elevated walking surfaces appurtenant to stages and platforms for access to and utilization of special lighting or equipment.

At elevated walking surfaces appurtenant to stages and platforms for access to and utilization of special lighting or equipment.

Along vehicle service pits not accessible to the public.

In assembly seating where the guards in accordance with Section 1008.12 are permitted and provided.

At window wells a protective cover designed to a minimum of 20 pounds per square foot (.96KN m2) uniformly distributed live load may be substituted for guards. The window well covers shall be provided with an emergency egress hatch located above the ladder or stairway, with the minimum egress opening maintained. The force required to open the egress hatch shall not exceed 30 pounds (133.45 N). Window well covers and grates shall be constructed of materials approved for exterior use.

1012.3 Opening limitations. Open guards shall have balusters or ornamental patters such that a 4-inch-diameter (102 mm) sphere cannot pass through any opening up to a height of 34 inches (864 mm). From a height of 34 inches (864 mm) to 42 inches (1067 mm) above and adjacent walking surfaces, a sphere 8 inches (203 mm) in diameter shall not pass.

Exceptions:

The triangular openings formed by the riser, tread and bottom rail at the open side of a stairway shall be of a maximum size that a sphere of 6 inches (152 mm) in diameter cannot pass through the opening.

At elevated walking surfaces for access to and use of electrical, mechanical, or plumbing systems or equipment guards shall have balusters or be of solid materials such that a sphere with a diameter of 21 inches (533 mm) cannot pass through an opening.

In occupancies in Group I-3, F, or S, except open or enclosed parking garages used by the public, balusters, horizontal intermediate rails or other construction shall not permit a sphere with a diameter of 21 inches (533 mm) to pass through any opening.

In assembly seating areas, guards at the end of aisles where they terminate at a fascia of boxes, balconies, and galleries shall have balusters or ornamental patters such that a 4-inch-diameter (102 mm) sphere cannot pass through any opening up to a height of 26 inches (660 mm). From a height of 26 inches (660 mm) to 42 inches (1067 mm) above and adjacent walking surfaces, a sphere 8 inches (203 mm) in diameter shall not pass.

SECTION 1013, EXIT ACCESS

1013.4.1 Public areas Group B and M. In public areas of Group B and M occupancies, the minimum clear aisle width shall be 36 inches (914 mm) where seats, tables, furnishings, displays and similar fixtures or equipment are placed on only one side of the aisle and 44 inches (1118 mm) where such fixtures or equipment are placed on both sides of the aisle.

1013.4.1.2 Nonpublic areas. In nonpublic areas of Group B and M occupancies, aisle widths shall be a minimum of 36 inches (914 mm).

Exception: Nonpublic aisles serving less than 50 people, and not required to be accessible by Chapter 11 need not exceed 28 inches (711 mm) in width.

SECTION 1016, CORRIDORS

Section 1016.1 Construction. Corridors shall be fire-resistance rated in accordance with Table 1016.1. The corridor walls required to be fire-resistance rated shall comply with Section 708 for fire partitions. Electrical panels are prohibited on the corridor side of the fire partition.

Exceptions:

A fire-resistance rating is not required for corridors in an occupancy in Group E where each room that is used for instruction has at least one door directly to the exterior and rooms for assembly purposes have at least one-half of the required means of egress doors opening directly to the exterior. Exterior doors specified in this exception are required to be at ground level.

A fire-resistance rating is not required for corridors contained within a dwelling unit or a guestroom in an occupancy in Group R.

A fire-resistance rating is not required for corridors in open parking garages.

A fire-resistance rating is not required for corridors in an occupancy in Group B which is a space requiring only a single means of egress complying with Section 1014.1

A fire-resistance rating is not required for corridors not exceeding 20 feet (6096 mm) in length, when they provide direct, obvious and unobstructed means of travel to an exit or until egress is provided from the building, provided all openings, except the entrance to the corridor, are protected with self-closing doors of non- combustible construction or solid wood core, not less than 1 3/8 inches (35 mm) in thickness or fixed glazing. Use of rolling or sliding doors shall not be permitted, unless equipped with a closing device, which operates with the actuation of an approved, listed smoke detector.

SECTION 1024, ASSEMBLY

1024.1.1 Bleacher footboards. Bleacher footboards shall be provided for rows of seats above the third row or being at such a point where the seating plank is more than 24 inches (610 mm) above the ground or floor below. Where the same platform is used for both seating and footrests, footrests are not required, provided each level or platform is not less than 24 inches (610 mm) wide. When projected on a horizontal plane, horizontal gaps shall not exceed 0.25 inch (6.4 mm) between footboards and seat boards. At aisles, horizontal gaps shall not exceed 0.25 inch (6.4 mm) between footboards. Where footboards are more than 30 inches (762 mm) above grade, openings between the seat and footboards shall not allow the passage of a sphere greater than 4 inches (102 mm).

SECTION 1026, MEANS OF EGRESS FOR EXISTING BUILDINGS

1026.5 Illumination emergency power. The power supply for means of egress illumination shall normally be provided by the premises’ electrical supply. In the event of power supply failure, illumination shall be automatically provided from an emergency system for the following occupancies where such occupancies require two or more means of egress:

Group A having more than 50 occupants.

Group B buildings three or more stories in height, buildings with 100 or more occupants above or below the level of exit discharge, or buildings with 1,000 or more total occupants

Group E in interior stairs, corridors, windowless areas with student occupancy, shops and laboratories.

Group F having more than 100 occupants.

Group I.

Group M.

Exception: Buildings less than 3,000 square feet (279 m 2) in gross sales area on one story only, excluding mezzanines.

Group R-1.

Exception: Where each guestroom has direct access to the outside of the building at grade.

Group R-2 as applicable in Section 1001.1.

Exception: Where each living unit has direct access to the outside of the building at grade.

Group R-4.

Exception: Where each sleeping room has direct access to the outside of the building at ground level.

The emergency power system shall provide power for not less than 60 minutes and consist of storage batteries, unit equipment or an on-site generator. The installation of the emergency power system shall be in accordance with Section 604.

SECTION 1902, DEFINITIONS

Definitions is hereby amended by adding a new definition “Wood Products Processor or Recycler”:

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:

Landfill, incinerate or otherwise dispose of raw wood waste or as a fuel, o

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.

SECTION 1903, GENERAL REQUIREMENTS

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.

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.

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.

SECTION 1908, STORAGE AND PROCESSING OF WOOD CHIPS, HOGGED MATERIAL, FINES, COMPOST AND RAW PRODUCT ASSOCIATED WITH YARD WASTE AND RECYCLING FACILITIES.

1908.8 Fire extinguishers. Portable fire extinguishers with minimum rating of 4-A: 60BC shall be provided on all vehicles and equipment operating on the piles and at all processing equipment.

Section 1908 shall be further amended by the addition of the following new sections, which shall read as follows:

Screening of property. Storage yard areas shall be surrounded with an approved fence. Fences shall be a minimum of 6 feet (1829 mm) in height.

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.

Water supply. A fire protection system consisting of approved water supply system, and fire hydrants capable of supplying the minimum required flow of 500 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.

SECTION 2201, GENERAL

Scope. Automotive, marine and aircraft motor vehicle fuel-dispensing stations, fleet vehicle service stations, repair garages shall be in accordance with this chapter and the current Sedgwick County building and mechanical code. Such operations shall include both public accessible and private operations.

Permits is hereby deleted in its entirety.

Section 2201.3 is amended by adding new Section 2201.3.1, which shall read as follows:

SECTION 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:

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

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

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

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

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.

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.

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

SECTION 2403, TEMPORARY TENTS, CANOPIES AND MEMBRANE STRUCTURES

2403.6 Construction documents. A detailed site and floor plan for tents, canopies, air- supported, air-inflated or tensioned membrane structures shall be provided with each application for approval. The tent, air-supported, air-inflated, tensioned membrane structure or canopy floor plan shall indicate details of the means of egress facilities, seating capacity, arrangement of the seating and location and type of heating and electrical equipment.

2403.12.6 Exit signs. Exits shall be clearly marked. Exit signs shall be installed at required exit doorways and where otherwise necessary to indicate clearly the direction of egress. Exit signs shall be illuminated when the exit serves an occupant load of 100 or more.

2403.12.6.1 Exit sign illumination. Illuminated exit signs shall be of an approved self-luminous type or shall be internally or externally illuminated by fixtures supplied in the following manner:

Two separate circuits, one of which shall be separate from all other circuits, for occupant loads of 300 or less; or

Two separate sources of power, one of which shall be an approved emergency system, shall be provided when the occupant load exceeds 300. Emergency systems shall be supplied from storage batteries or the on-site generator set, and the system shall be installed in accordance with the current electrical code of Sedgwick County.

SECTION 2404, TEMPORARY AND PERMANENT TENTS, CANOPIES AND MEMBRANE STRUCTURES

2404.5 Combustible materials. Hay, straw, shavings or similar combustible materials shall not be located within any tent or air-supported structure containing an assembly occupancy, except the materials necessary for the daily feeding and care of animals. Sawdust and shavings utilized for a public performance or exhibit shall not be prohibited provided the sawdust and shavings are kept damp. Combustible materials shall not be permitted under stands or seats at any time. The areas within and adjacent to the tent or air-supported structure, shall be maintained clear of all combustible materials or vegetation that could create a fire hazard within 30 feet from the structure. Combustible trash shall be removed at least once a day from the structure during the period the structure is occupied by the public.

2404.12 Portable Fire Extinguishers. Fire extinguishers shall be provided as Section 906 Any tent or other membrane structure used for the retail sales of fireworks as permitted in Section 3309 shall be provided with fire extinguishers in accordance with Section 3309.2.

2404.20 Standby Personnel. When, in the opinion of the code official, it is essential for public safety in a tent, canopy or membrane structure used as a place of assembly or any other use where people congregate, because of the number of persons, or the nature of the performance, exhibition, display, contest or activity, the owner, agent or lessee shall employ one or more qualified persons, as required and approved, to remain on duty during the times such places are open to the public, or when such activity is being conducted.

Before each performance or the start of such activity, standby personnel shall keep diligent watch for fires or other life safety hazards during the time such place is open to the public or such activity is being conducted and shall take prompt measures to extinguish fires or perform life saving measures as necessary and assist in the evacuation of the public from the structure.

Such individuals shall not be required or permitted, while on duty, to perform any other duties than those herein specified

SECTION 2706, UNATTENDED PARKING OF VEHICLES, is hereby 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.

SECTION 3301, GENERAL

3301.1.3 Fireworks. No person shall possess, manufacture, store, offer for sale, expose for sale, sell at retail, use, handle, or explode any fireworks.

Exceptions:

Storage and handling of fireworks as permitted in Section 3304.

Manufacture, assembly and testing of fireworks as permitted in Section 3305.

The use of fireworks for display as permitted in Section 3308.

The sale of fireworks as permitted in Section 3309.

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 $1,000,000.00 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. The code official is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of use indicate a greater or lesser amount is required. Government entities shall be exempt from this bond requirement. Said bond or certificate of insurance shall name as additional insured’s the Board of County Commissioners of Sedgwick County, Kansas, Sedgwick County Fire District Number One, their agents, officers, and employees. Displays on properties owned by Sedgwick County shall also include that facility or location as an additional insured.

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.

Section 3301 is further amended by adding new Section 3301.9, which shall read as follows:

3301.9 Locations where explosive material is prohibited. For purposes of Article 33, the storage, manufacture and assembly of explosive materials are prohibited in all zoning districts except in those districts zoned heavy industrial as defined in applicable zoning regulations. The storage, manufacture and assembly shall also meet all requirements of the Bureau of Alcohol Tobacco and Firearms.

SECTION 3302, DEFINITIONS

Section 3302.1 Definitions, is amended by the adoption of the following definitions:

FIREWORKS. Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration, or detonation that meets the definition of 1.4G fireworks or 1.3G fireworks as set forth herein. Fireworks shall not include novelty devices that contain small amounts (0.25 grains or less) of explosive material, such as snakes, snappers, tanks, toy caps, and poppers.

SALE AT WHOLESALE. Sales of fireworks to an individual, firm, partnership, corporation or association engaged in the business of selling fireworks for retail within the county.

TEMPORARY STORAGE. Storage of pyrotechnic special effects material on site for a period of time to be determined by the chief and noted upon any permit required in association therewith.

SECTION 3306, SMALL ARMS AMMUNITION

3306.5.1 Display. The display and storage of small arms ammunition in Group M occupancies shall comply with this section.

Exception: The sale, display or exchange of small arms primers, smokeless propellants and black powder shall not be allowed inside any building used temporarily for flea markets, gun shows, sport and boat shows, travel shows or similar uses.

SECTION 3308, FIREWORKS DISPLAY

3308.2.1 Outdoor Displays. A permit for an outdoor pyrotechnic display shall be granted only to a licensed pyrotechnic operator. Permit applications shall be submitted only by a licensed pyrotechnic operator, and shall be made no less than 10 days prior to the scheduled date of the display. Applications submitted less than 10 days prior to the scheduled date of display may be accepted at the discretion of the code official. No permit shall be submitted more than 60 days prior to the scheduled date of the display unless a signed contract for such display is in the applicant’s possession and presented at the time of application. In addition to the requirements of Section 403, the permit application shall include a diagram of the grounds on which the display is to be held showing the point which the fireworks are to be discharged; the locations of buildings, highways and other lines of communication; the lines behind which the audience is to be restrained; and the location of nearby trees, telegraph or telephone lines and other overhead obstructions. No permit shall be transferable. Permits shall be issued by the Fire Prevention Division of the Sedgwick County Fire Department. The permit fee to engage in a public display of fireworks shall be $100.00 per event, except that the permit fee shall increase by $25.00 for each day the application is submitted less than the 10 days as set forth above.

Section 3308.2 is further amended by adding new Sections 3308.2.3 and 3308.2.4, which shall read as follows:

3308.2.3 Indoor Displays. A permit for an indoor pyrotechnic display shall be granted only to a licensed pyrotechnic operator. Permit applications shall be made not less than 10 days prior to the scheduled use or date of the display. Applications submitted less than 10 days prior to the scheduled date of display may be accepted at the discretion of the code official. No permit shall be submitted more than 60 days prior to the scheduled date of a use or display unless a signed contract for such display is in the applicant’s possession and presented at the time of application. The permit application shall include a diagram of the location and a plan or the use of the pyrotechnic material. At the time of the permit application, the code official shall be consulted regarding requirements for standby fire personnel. After the permit has been issued, possession, storage and use of pyrotechnic material of the purpose indicated in the plan at the location shown shall be lawful for that purpose only. No permit shall be transferable. Permits shall be issued by the Fire Prevention Division of the Sedgwick County Fire Department. The permit fee to engage in an indoor pyrotechnic display shall be $100.00 per event, except that the permit fee shall increase by $25.00 for each day the application is submitted less than the 10 days as set forth above.

3308.4.2 Fireworks display permits. All fireworks display permits are required to be in the possession of the licensed pyrotechnic operator of the display at the time of the display, and are not transferable to any other person or location.

Section 3308.11 is hereby deleted in its entirety.

SECTION 3309, SALE OF FIREWORKS, is hereby created, and shall read as follows:

Sale of Fireworks. Retail sales of fireworks shall be allowed only where permitted by applicable municipal ordinances. Wholesale sales of fireworks shall only be allowed by licensed distributors in accordance with this section.

Retail display and sale. Fireworks displayed for retail sale, where allowed by applicable municipal ordinances, shall be provided with a minimum of one pressurized-water portable fire extinguisher complying with Section 906 shall be located not more than 15 feet (4572 mm) and not less than10 feet (3048 mm) from the hazard. “No Smoking” signs complying with Section 310 shall be conspicuously posted in areas where fireworks are stored or displayed for retail sale.

Distributors. A distributor of fireworks shall not sell, or otherwise exchange by any means, fireworks within the county, except to a person who exhibits a current fireworks display permit granted by the chief for a supervised public display of fireworks or to a person who exhibits a current fireworks display permit granted by a municipality located within the county for a fireworks display within that municipality if such fireworks display permit is required by that municipality.

Business Operations. Persons, corporations, partnerships or other entities engaged in the business of manufacture, storage and sale at wholesale of fireworks shall be permitted to manufacture, to possess, to store and to offer for bona fide sale at wholesale to a bona fide purchaser at wholesale who is regularly engaged in the business of selling fireworks, any fireworks, provided that it shall be the duty of such person, corporation, partnership or other entity engaged in the business of manufacture, storage or sale at wholesale of fireworks to ascertain with reasonable certainty that the purchaser of such fireworks is a bona fide purchaser at wholesale and is regularly engaged in the business of selling fireworks. Such determination shall be ascertained after requiring and recording the name and address of the purchaser, proof of the purchaser's state sales tax number and a list of outlets at which the purchaser will sell such fireworks at retail.

Unlawful Acts. It shall be unlawful for any person to use, utilize or occupy any structure, building, part thereof or appurtenance thereto, to manufacture, store, offer for sale at wholesale, expose for sale at wholesale or sell at wholesale any fireworks without a permit for such use, utilization or occupancy issued by the chief. No such permit shall be issued unless and until each structure, building, part thereof or appurtenance thereto shall have been inspected by the fire prevention bureau and each are determined to be suitable for such occupancy pursuant to the I.F.C. Each structure, building, part thereof or appurtenance thereto shall be required to have a permit. Permits issued in accordance with this provision or its predecessor provision shall be valid for one (1) year from the date of issuance, at which time said permit(s) shall expire and such structure, building, part thereof or appurtenance thereto shall again be subject to passing such inspection before a new permit may be issued and such use, utilization or occupancy continued. No such permit shall be issued prior to payment by the owner or occupant of such premises of a permit fee in accordance with Table 105.1.4. Application for a permit shall be made at least fourteen (14) days prior to time it is required hereunder.

SECTION 3404, STORAGE

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 light industrial and heavy industrial as defined in zoning regulations. 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.

SECTION 3406, SPECIAL OPERATIONS

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 light industrial and heavy industrial as defined in zoning regulations.

SECTION 3804, 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 light industrial and heavy 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, after consideration f 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.

SECTION B105, FIRE-FLOW REQUIREMENTS FOR BUILDINGS (APPENDIX B)

Section B.105.1 is hereby deleted in its entirety.

B.105.2 Buildings other than one- and two-family dwellings. The minimum fire flow and flow duration for buildings other than one- and two-family dwellings shall be as specified in Table B105.1.

Exception: A reduction in required fire flow of 75 percent is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 of the International Fire Code. The resulting fire flow shall not be less than 1,500 gallons per minute (5678 L/min.).

SECTION C102, LOCATION (APPENDIX C)

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.

SECTION D101, GENERAL (APPENDIX D)

D101.1 Scope. Fire apparatus access roads shall be in accordance with this appendix and all other applicable requirements of the International Fire Code. Access to single-family residences, agriculture or accessory structures shall be in compliance with the current Sedgwick County Service Drive Code.

SECTION D103, MINIMUM SPECIFICATIONS (APPENDIX D)

Figure D103.1 is hereby amended by deleting the “70’ DIAMETER CUL-DE-SAC” and the “60’ HAMMERHEAD” illustrations.

SECTION D107, ONE- OR TWO-FAMILY RESIDENTIAL DEVELOPMENTS (APPENDIX D)

Section D.107.1 is hereby amended by deleting Exception 1.

13.1.4.     Schedule A to Sedgwick County Fire Code

 

 

13.1.5.     Schedule B to Sedgwick County Fire Code.

The plan review fee required by Section 112.3 of this resolution, shall be determined by multiplying the value of the construction by the applicable multiplier as set forth in the below schedule. This schedule is subject to change at any time by the Board of County Commissioners of Sedgwick County, sitting as the governing body of Fire District Number 1:

*minimum charge $35.00

13.1.6.     Copy on file.

One copy of the Fire Code incorporated by reference in Section 13.1.1 shall be filed with the city clerk. Such copies shall be marked or stamped “Official Copy as Approved by Ordinance 588,” with all sections or portions thereof intended to be omitted clearly marked to show any such omissions. Such copies shall have attached a copy of Chapter 13 containing the language of this Ordinance, and shall be open to inspection and available to the public during all reasonable business hours.

13.1.7.     Rules and regulations promulgated by fire official.

The fire official 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 13.1.1.

13.1.8.     Repeal of conflicting ordinances.

All previously adopted ordinances, codes, or parts thereof conflicting or inconsistent with the provisions of this Ordinance or the I.F.C. hereby adopted are hereby repealed.

13.1.9.     Severability.

Should any section, paragraph, sentence or word of this resolution or of the I.F.C. hereby adopted be declared for any reason by a court of competent jurisdiction to be invalid, it is the intent that the remainder of this ordinance or of the I.F.C. would have been adopted independent of the section, paragraph, sentence or word eliminated therefrom due to being declared invalid and said remainder shall be valid and enforceable.

13.1.10.     Saving clause.

All rights and remedies established under authority of any previously adopted fire code that have accrued at the time of the effective date of this ordinance and adoption of this ordinance shall not work to invalidate, cancel, negate, void, dismiss, or nolle prosequi any complaint issued and outstanding under any prior Sedgwick County ordinance. The County Court of Sedgwick County shall have all the powers that existed prior to the effective date of this ordinance as to all such accrued violations