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Legislation #: 930960 Introduction Date: 8/19/1993
Type: Ordinance Effective Date: 2/20/1994
Sponsor: None
Title: Amending Chapter 14, Code of General Ordinances, entitled "Fire Prevention and Protection" by repealing Article I - "In General", Article II - "Fireworks", Article III - "Blasting", Article IV - "Reserved", Article V - "Fire Prevention and Protection Code", and Article VI - "Central Station Systems and Remote Station Systems", and enacting a new Article 1 - "Administrative", Article 2 - "Organization, Authority, Duty and Procedures", Article 3 - "Compliance With Orders and Notices", Article 4 - "Permits", Article 6 - "Central Station, Remote Station, and Proprietary Fire Alarm Signaling Systems", Article 10 - "General Provisions for Fire Safety", Article 11 - "General Fire Safety Precautions", Article 25 - "Places of Assembly", Article 27 - "Cellulose Nitrate Plastics (Pyroxylin), Storage and Handling", Article 77 - "Explosive Materials", Article 78 - "Fireworks", Article 79 - "Flammable and Combustible Liquids", Article 80 - "Hazardous Materials", and adopting the 1991 Uniform Fire Code, and enacting Local Amendments to the Model Codes.

Legislation History
DateMinutesDescription
8/19/1993

Prepare to Introduce

8/19/1993

Referred Operations And Aviation

8/25/1993

Hold On Agenda

10/27/1993

Hold On Agenda

11/3/1993

Hold On Agenda

12/15/1993

Hold On Agenda

1/26/1994

Hold On Agenda

2/2/1994

Do Pass as a Committee Substitute

2/3/1994

Assigned Third Read Calendar as Substituted

2/10/1994

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 930960

 

Amending Chapter 14, Code of General Ordinances, entitled "Fire Prevention and Protection" by repealing Article I - "In General", Article II - "Fireworks", Article III - "Blasting", Article IV - "Reserved", Article V - "Fire Prevention and Protection Code", and Article VI - "Central Station Systems and Remote Station Systems", and enacting a new Article 1 - "Administrative", Article 2 - "Organization, Authority, Duty and Procedures", Article 3 - "Compliance With Orders and Notices", Article 4 - "Permits", Article 6 - "Central Station, Remote Station, and Proprietary Fire Alarm Signaling Systems", Article 10 - "General Provisions for Fire Safety", Article 11 - "General Fire Safety Precautions", Article 25 - "Places of Assembly", Article 27 - "Cellulose Nitrate Plastics (Pyroxylin), Storage and Handling", Article 77 - "Explosive Materials", Article 78 - "Fireworks", Article 79 - "Flammable and Combustible Liquids", Article 80 - "Hazardous Materials", and adopting the 1991 Uniform Fire Code, and enacting Local Amendments to the Model Codes.

 

WHEREAS, the City is authorized to adopt Fire Prevention and Protection Code Regulations through incorporation by reference of recognized Model Codes; and

 

WHEREAS, the realignment of code reference numbers is needed to facilitate use of the Fire Prevention and Protection Code by the public and avoid confusion or conflict in the provisions of the various articles; and

 

WHEREAS, it is the policy of the City of Kansas City to periodically review its Fire Protection and Prevention Code provisions for the purpose of considering substantive changes; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 14, Code of General Ordinances, entitled "Fire Prevention and Protection" is amended by repealing Article I - "In General", Article II - "Fireworks", Article III - "Blasting", Article IV - "Reserved", Article V - "Fire Prevention and Protection Code", and Article VI - "Central Station Systems and Remote Station Systems", and enacting a new Article 1 - "Administrative", Article 2 - "Organization, Authority, Duty and Procedures", Article 3 - "Compliance with Orders and Notices", Article 4 - "Permits", Article 6 - "Central Station, Remote Station, and Proprietary Fire Alarm Signaling Systems", Article 10 - "General Provisions for Fire Safety", Article 11 - "General Fire Safety Precautions", Article 25 - "Places of Assembly", Article 27 - "Cellulose Nitrate Plastics (Pyroxylin), Storage and Handling", Article 77 - "Explosive Materials", Article 78 - "Fireworks", Article 79 - "Flammable and Combustible Liquids", Article 80 - "Hazardous Materials", and adopting the Uniform Fire Code, 1991 Edition,with incorporation of specified appendices and by enacting local amendments to the Model Codes.

 

Section 2. That Chapter 14, Code of General Ordinances, entitled "Fire Prevention and Protection Code" is amended by enacting a new Article 1 - "Administrative" to read as follows:

 

ARTICLE 1

 

Provisions of this article are in addition to those provisions of the Uniform Fire Code. Sections of this article coinciding with provisions of the Uniform Fire Code supercede those provisions of the Uniform Fire Code.

 

ADMINISTRATIVE

 

Section 14.1.101.1 Adoption of the Uniform Fire Code, 1991 Edition.

 

There is hereby adopted by the City of Kansas City, Missouri for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, that certain Code and Standards known as the Uniform Fire Code, including Appendix Chapters I-C, II-C, III-B, V-A, VI-A, VI-D and VI-E and the Uniform Fire Code Standards published by the Western Fire Chiefs Association and the International Conference of Building Officials, being particularly the 1991 Editions thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended by Sections 1 - 19 of this ordinance, three (3) copies of which Code and Standards have been and are now filed in the office of the clerk of the City of Kansas City, Missouri and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City as defined in Chapter 4 of the Charter of the City of Kansas City, Missouri.

 

Any reference in this Code to Section 38 of the Uniform Building Standards means Chapter 9, Code of General Ordinances, also known as the Building Code.

 

Section 14.1.101.2 Title.

 

Chapter 14, Code of General Ordinances, shall also be known as the Fire Prevention and Protection Code. Unless otherwise indicated by its use and context the term "this code" shall refer to Chapter 14, Code of General Ordinances and it may be cited as the "Fire Prevention Code".

 

Section 14.1.101.3 Code to Be Denoted By a Three Part Section Number

 

This code shall be denoted by a three part section number:

 

(1) "14", referring the Chapter 14, Code of General Ordinances;

 

(2) The article number; and

 

(3) The specific section number.

 

If the section number is for a provision superseding a Model Code provision it will coincide with that model code section number.

 

Section 3. That Chapter 14, Code of General Ordinances, entitled "Fire Prevention and Protection Code" is amended by enacting a new Article 2 - "Organization, Authority, Duty and Procedures" to read as follows:

 

ARTICLE 2

 

Provisions of this article are in addition to those provisions of the Uniform Fire Code. Sections of this article coinciding with provisions of the Uniform Fire Code supercede those provisions of the Uniform Fire Code.

 

ORGANIZATION, AUTHORITY, DUTY AND PROCEDURES

 

Division I

 

Section 14.2.103 Fire Prevention Bureau.

 

(a) A fire prevention bureau is established within the fire department under the direction of the chief, which shall consist of such fire department personnel as may be assigned thereto by the chief. The function of this bureau shall be to assist the chief in the administration and enforcement of the provisions of this code.

 

(b) Whenever reference is made in this code to the chief of the of fire prevention bureau it shall mean the Fire Marshal.

 

Section 2.105 This section of the Uniform Fire Code, 1991 Edition, is deleted.

 

Section 14.2.105 Authority of Fire Personnel to exercise powers of police officers.

 

The Chief and members of the Fire Prevention Bureau shall have such powers of a police officer in performance of their duties as are set forth in specific provisions in this code and as provided by the laws of Missouri.

 

Division II

 

Sec. 14.2.204(c) Fees For reports.

 

The Fire Prevention Division of the Fire Department will charge a fee for reports according to the following schedule:

 

Form No. 3100-005, "Report of a Building Fire"....$5.00.

 

Form No. 3100-006, "Report of Non-Building Fire or Other Alarm"............................................$5.00.

 

Form No. 3100-063, "Field Incident Report.........$5.00.

 

Form No. 3100-064, "Company Incident Report"......$5.00.

 

Form No. 3100-065, " Casualty Report".............$5.00.

 

Form No 3100-066, "Alarm Report"..................$5.00.

 

Form No. 3200-064, "Fire Investigation Report"...$20.00.

 

Sec. 14.2.204(d) Reports Requested by City Officials.

 

When any report kept by the director of the fire department is requested by a city official, the fire director shall furnish the requested report without charge to such official.

 

Division III

 

Section 2.303 This section of the Uniform Fire Code, 1991 Edition, is deleted.

 

Section 14.2.303 Right of Appeal.

 

Except in emergencies, as set out in Section 14.3.105, rights of appeal are as follows:

 

(a) Any decision of the fire marshal concerning enforcement of the Fire Code may be appealed to the Director of Fire by any person aggrieved by any order or ruling of the Fire Marshal. Such appeal must be taken within forty-eight (48) hours from the receipt of the order or ruling appealed, by filing with the Director of Fire a written notice of appeal setting forth the grounds therefor. Within ten (10) days following receipt of the written appeal, the Director of Fire shall review the order or ruling and issue his written decision thereon, unless the review period is extended by mutual agreement of the parties.

 

(b) Any decision by the Director of Fire may be appealed to the Building and Fire Codes Board of Appeals, described hereafter as the board. Such appeals must be taken within ten (10) days from the date of the order or other ruling appealed, by filing with the Secretary of the board a written notice of appeal setting forth the grounds therefore. Before the board is called, the appellant shall pay a fee of thirty dollars ($30.00) payable to the City Treasurer.

 

 

(c) An appeal to the Director of Fire or to the board stays all enforcement of the determination from which the appeal is being taken.

 

Section 14.2.303.1 Board of Appeals.

 

(a) Purpose. For the purpose of determining questions of fact as to the acceptability and adequacy of alternate materials, equipment, methods of preventing fires and promoting fire safety, and for providing for the review of the decisions of the Director of Fire in the interpretation of this Code, the Building and Fire Codes Board of Appeals is designated as the fire code appellate board, to be constituted and conduct proceedings in accordance with provisions appearing in the General Code of Kansas City, Missouri, Chapter 9, Article 1, Section 9.1.204.

 

(b) Powers and Duties. The board shall have the power to approve the use of alternate materials, equipment, types of construction and methods of preventing fires whenever in any specific case the board shall find and determine that the application of a general rule or regulation governing such use will, by reason of exceptional circumstances or conditions, constitute a practical hardship. The board shall hear and render decisions on all appeals from the decisions of the Director of Fire. The board shall further be empowered to interpret the intent of the fire code in specific cases and to authorize responsible, minimum modifications from the literal provisions of the Code where it is determined that such modification is, for the purpose intended, at least the equivalent of that prescribed in the code with respect to fire safety and fire prevention measures. All rulings and actions of the board shall be consistent with the spirit and intent of the fire code.

 

Section 4. That Chapter 14, Code of General Ordinances, entitled "Fire Prevention and Protection Code" is amended by enacting a new Article 3 - "Compliance With Orders and Notices" to read as follows:

 

ARTICLE 3

 

Provisions of this article are in addition to those provisions of the Uniform Fire Code. Sections of this article coinciding with provisions of the Uniform Fire Code supercede those provisions of the Uniform Fire Code.

 

COMPLIANCE WITH ORDERS AND NOTICES

 

Section 14.3.101 Violations and Penalties.

 

(a) General. It shall be unlawful for any person, firm, corporation, partnership, association, charitable organization, or governmental agency properly regulated by the City to erect, construct, enlarge, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure, partial or whole, in the city, or cause the same to be done, contrary to or in violation of any provisions of this code, or other applicable ordinances, codes, rules and regulations promulgated thereunder which is enforced and administered by the fire department.

 

(b) Violations. Any person, firm, corporation, partnership, association, charitable organization or governmental agency properly regulated by the City which violates any of the provisions of this code shall be deemed guilty of a misdemeanor. Each and every day or portion thereof during which any violation of the provisions of this code is committed, continued or permitted shall be a separate offense.

 

(c) Penalties. Conviction of any violation of this code shall be punished by a fine of not more than five hundred ($500.00) or by imprisonment of not more than one hundred eighty (180) days, or by both such fine and imprisonment.

 

(d) Appropriate Action. The imposition of penalties herein prescribed shall not preclude the city attorney from instituting appropriate action, including equitable and extraordinary remedies, to prevent any unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain, or correct or abate a violation or to prevent the occupancy of a building or structure or portion thereof, or of the premises, or to prevent an illegal act, conduct of business or illegal use in or about the premises.

 

Section 14.3.105 Emergencies; Procedure.

 

(a) Emergency Defined. For the purposes of this code, an emergency means any circumstances in which it reasonably appears that there exists an immediate danger to the health, life safety or welfare of any person because of a dangerous condition which exists in violation of this code.

 

(b) Authority. In any emergency case, the Chief shall have the power to take emergency measures to abate or correct such dangerous conditions. The emergency power herein granted shall include power to cause the immediate vacation of any building and abate the emergency condition.

 

(c) Emergency order not appealable. No appeal to the Building and Fire Codes Board of Appeals, shall lie from an emergency order, and such order shall not be reviewed or stayed other than by a Circuit Court of the county in which is located the premises on which the emergency condition exists.

 

Section 5. That Chapter 14, Code of General Ordinances, entitled "Fire Prevention and Protection Code" is amended by enacting a new Article 4 - "Permits" to read as follows:

 

ARTICLE 4

 

Provisions of this article are in addition to those provisions of the Uniform Fire Code. Sections of this article coinciding with provisions of the Uniform Fire Code supercede those provisions of the Uniform Fire Code.

 

PERMITS

 

Section 14.4.102(b) Expiration of Permits.

 

A permit shall continue until revoked or expired at the end of a one (1) year period or less. Permits shall not be transferable and any change in use, occupancy, operation or ownership shall require a new permit.

 

Section 4.104 This section of the Uniform Fire Code, 1991 Edition, is deleted.

 

Section 14.4.104 Inspection Required.

 

Before a permit is issued, the chief shall inspect and approve the vehicles, buildings, devices, premises, storage spaces or areas to be used. In instances where laws or regulations are enforceable by departments other than the fire department, joint approval shall be obtained from all departments concerned.

 

Section 4.108.x.1 Gasoline Tank and Pump Installers.

 

Any person or organization who engages in the installation, maintenance, repair, alteration or extension of any system used for the storage and dispensing of gasoline, kerosene, diesel oils and similar liquid hydrocarbon fuels or mixtures to be used solely in connection with gasoline filling stations and their appurtenances dispensing fuel to mobile vehicles or marine equipment as regulated by this Code, shall first be licensed or registered as required by the registration and licensing articles of Chapter 9, Code of General Ordinances, Building Code, Article 4 of this Code; or such work may be done under the direct supervision of any person or organization who holds such license or registration. All work shall be limited to the scope of work as defined in the Registration and Licensing Article of the Building Code and this Code.

 

Section 14.4.109 Fees for Permits.

 

The Fire Prevention Bureau of the Fire Department will charge an annual fee for Fire Department permits according to the following schedule:

 

Permits

 

$50.00 - for the initial permit, plus

$25.00 - for additional permits required at that time

of inspection.

$50.00 - for compliance inspections.

 

Section 6. That Chapter 14, Code of General Ordinances, entitled "Fire Prevention and Protection Code" is amended by enacting a new Article 6 - "Central Station, Remote Station and Proprietary Fire Alarm Signaling Systems" to read as follows:

 

ARTICLE 6

 

Provisions of this article are in addition to those provisions of the Uniform Fire Code. Sections of this article coinciding with provisions of the Uniform Fire Code supercede those provisions of the Uniform Fire Code.

 

CENTRAL STATION, REMOTE STATION AND PROPRIETARY

FIRE ALARM SIGNALING SYSTEMS

 

Division I

 

Section 14.6.101. Title.

 

(a) Title: This article shall be known as the "Central Station, Remote Station and Proprietary Fire Alarm Signaling Systems" Article of the fire prevention and protection code of Kansas City, Missouri, may be cited as such, and will be referred to herein as "this article".

 

Section 14.6.102. Definitions.

 

(a) Definitions: For the purpose of this article, certain words and phrases are defined and certain provisions shall be construed as set forth herein, unless it is apparent from the context that a different meaning is intended:

 

(1) "Chief" means the fire chief of the Kansas City, Missouri Fire Department or his authorized representative.

 

(2) "City" means the City of Kansas City, Missouri.

 

(3) "Central station alarm signaling system" means a central station having a system, or a group of systems, receiving

fire alarms and in which the operations of circuits and

devices are signaled automatically to, recorded in,

maintained, and supervised from an approved central

station fire alarm signaling system having competent and

experienced observers and operators who shall, upon

receipt of a signal, take such action as shall be

required by the standards in this article.

 

(4) "Remote station alarm signaling system" means a remote station having a system, or a group of systems, receiving

fire alarms and in which the operations use supervised

dedicated circuits to transmit fire alarm signals from

one or more protected premises to signal receiving

equipment at the city fire communications center, where

appropriate action is taken.

 

(5) "Fire alarm system end user" means a person using a system or group of systems, reporting fire alarms, in

which the operation of circuits and devices are signalled

automatically to, recorded in, and supervised by a

central station, remote station or proprietary alarm

system monitor which takes appropriate action to forward

fire alarms to the city fire communications center;

sometimes referred to in this article as "alarm end

user".

 

(6) "Proprietary fire alarm signaling system" means a system that serves contiguous and noncontiguous properties under

one ownership from a central fire alarm signaling system

associated exclusively with such protected property

sites, where trained, competent personnel are in constant

attendance, who shall, upon receipt of a signal, take

such action as shall be required by the standards in this

article

 

(7) "Fire alarm signal" means a detectable signal, audibly, visually or both, generated by a fire alarm signaling

system, sending a demand to the city fire department for

dispatch of emergency services of the type offered by

that department.

 

(8) "Person" means any person, firm, association, corporation, partnership, charitable organization or

governmental agency properly regulated by the city.

 

Section 14.6.103. Standards.

 

The standards No. 71 and 72 published by the National Fire Protection Association, and standard for safety, U.L. 827, published by Underwriters Laboratories, Inc., attached hereto as exhibits "a" "b" and "c" are adopted and incorporated in this article by reference as if fully set forth herein, and shall be in force and effect in the City of Kansas City, Missouri, including but not limited to, provisions repeated therefrom for emphasis herein and additional provisions set forth in the central station, remote station, and proprietary fire alarm signaling system article of the fire prevention and protection code of the City of Kansas City, Missouri.

 

Division II

 

Section 14.6.201. General Provisions Applying to All Approved Station Fire Alarm Signaling Systems.

 

(a) General Provisions: The following signaling systems are prohibited from direct connection with the city fire communications center, but may be connected to an approved fire alarm signaling system:

 

(1) Any fire alarm system that after reporting a fire to the city fire communications center, holds a telephone line

open until released by hanging up the telephone;

 

(2) Any fire alarm system automatically activated that then gives only a single message;

 

(3) Any type of fire alarm monitoring system that, in the opinion of the Chief or his representative, significantly

impairs the efficient operation or any activity of the

fire department.

 

(b) Any person who is monitoring a fire alarm must report such alarm immediately and it is unlawful to delay such report for any reason.

 

Section 14.6.202. Permit Required by Central Station, Including Those Situated Outside the City and Remote

Station Fire Alarm Signaling Systems.

 

It shall be unlawful for any person to operate or offer central station or remote station fire alarm signalling services in the city without first obtaining a city permit for such operation. Proprietary fire alarm signaling systems and alarm end users are exempt.

 

Revocable permits, which are not transferable, will be granted upon filing of an application to be approved by the fire chief, establishing that the applicant meets these conditions:

 

(a) That the installation and operation of fire alarm signaling devices connected to the city fire communications center will meet the requirements of this article and standards regarding certification by the Underwriters Laboratories Incorporated, or other such agencies approved by the chief; and that the applicant shall pay for the cost of the equipment and the expense of installation or removal.

 

(b) The station alarm system permittee shall agree in writing to indemnify and hold harmless the City, its agents and employees, and to provide errors and omissions insurance approved by the Director of Finance, with limits of at least One Million Dollars ($1,000,000.00) protecting the city, its agents and employees against claims for property damage and bodily injury, including death, arising from the negligent acts of the permittee owner, operator, agents or employees in the exercise of permit privileges granted in this article.

 

Section 14.6.202.1 Fire Alarm End User Shall Use Only Permittee Station Alarm Operators.

 

No fire alarm system end user shall contract with, or use the services of a central station or remote station alarm signaling system which is not permitted by the City to perform fire alarm signaling services within the City.

 

Section 14.6.202.2 Permittee Shall Report Significant Changes in Location or Method of Operation.

 

All station fire alarm permittee operators shall promptly report to the Chief any significant change in the location or method of operation of the alarm signaling system. Failure to report any such changes may constitute grounds for cancellation of the operator's permit.

 

Section 14.6.203 Installation and Maintenance Costs.

 

Installation and removal of fire alarm signaling equipment at the city fire communications center shall be subject to the approval of the chief. All costs and recurring charges incurred in the installation, maintenance, monitoring and removal of alarm systems permitted by this article shall be borne by the permittee. Any damage to the city fire communications center structure or equipment as a result of such installation or removal shall be repaired and charged to the responsible central station or remote station fire alarm signaling system operator.

 

Section 14.6.204 Removal of Equipment.

 

The supervisor of the city fire communications center, upon determining that any cabinet, device, attachment or terminal is not operated or maintained in accordance with the provisions of this code shall order removal of same at the owners expense. Failure to obey such order shall be deemed a misdemeanor, and such violations shall be penalized as provided in Section 14.3.101 of the fire prevention and protection code.

 

Section 14.6.205 Maintenance and Periodic Tests.

 

(a) Testing at the city fire communications center. The testing of fire alarm signaling systems at the fire communications center shall be conducted in accordance with rules and regulations established by the chief in order to assure proper processing of emergency alarm signals and prevent interruption by non-related activities.

 

(b) Maintenance. All fire detection, alarm signaling and protection systems operating through a central station, remote station or proprietary fire alarm signaling system, shall at all times be maintained in operational condition. Maintenance personnel for these systems shall keep the alarm system operator informed of any system which is being serviced or taken out of operation. The station alarm system operator shall be responsible for any false alarms transmitted by the system personnel to city fire communications center as a result of such maintenance activities.

 

Section 14.6.206 Alarm Signal.

 

All central station, remote station, and proprietary fire alarm signaling systems will, upon receipt of a fire alarm signal, transmit the same to the city fire communications center without any delays.

 

Section 14.6.207. Fire Alarm Signaling Systems Standards of Operation.

 

All fire alarm signaling systems, as defined in this article, shall comply with and maintain the following standards of operation:

 

(1) Fire Alarm Services - Limitation. Fire alarm signaling systems connected to the city fire communications center, which system(s) sends signals other than fire alarm signals, as defined in this article, are not permitted to establish nor maintain a direct communication line(s) into the city fire communications center.

 

EXCEPTION: Calls to the city fire communications center providing information regarding the "on" or "off line" status of fire protection and detection systems will be allowed as required by NFPA. If there is a loss of the supervised communications link between the center and the directly connected fire alarm signaling system, following a reasonable lapse of time as prescribed by the chief, the city fire communications center must receive notification of the status of the communications link.

 

(2) Existing Alarm Systems. Fire alarm signaling systems connected to the city fire communications center prior to January 1, 1994, which system(s) periodically sends signals to the city communications center other than fire alarm signals shall not be permitted to continue such system connection after the above date.

 

(3) Certification. The establishment, including installation, of fire signaling devices in the city fire communications center, the maintenance, operation and use of all fire alarm signaling systems, shall be certified by Underwriters Laboratories, Inc., or such other agencies as appear on a list approved by the chief and available for inspection during regular business hours in the fire marshal's office.

 

(4) Intent. A device or system having materials, methods of operation or forms different from those detailed in this article may be examined and tested by the chief, according to the intent of this article, and if found equivalent, may be approved by the chief.

 

(5) City fire communications center availability. If circumstances occur beyond the control of the fire department, by way of example, not limitation, changes in technology or the relocation of the fire communications center, which impair the availability of space or use of the facilities at the city fire communications center, the city, its agents and employees, will not be responsible to the owner, operator or customers of a fire alarm signaling for damages arising from cessation of alarm services caused by such circumstances.

 

(6) Subscribers records. It is the responsibility of the operator of a fire alarm signaling system, as defined herein, to maintain a current record at fire communications center, including subscriber additions, the cancellations or deletions, in a form approved by the chief, of all subscribers and to provide the city communications center semi-annually with a complete current subscriber listing. It shall be unlawful for anyone to transmit a fire alarm signal through the city fire communications center for an alarm monitoring service customer unless a card for that customer, with current information, is in possession of the city fire communications center at the time the fire alarm signal reaches that center.

 

Section 14.6.208. Permit Fees.

 

Central stations including those situated outside of the city, and remote station fire alarm signaling operators, providing monitoring service within the city limits, shall be charged a permit fee of One Hundred Dollars ($100.00) on an annual basis for permits to operate or offer station alarm signaling system services within the corporate limits of Kansas City, Missouri.

 

Section 14.6.209. Permit revocation.

 

The imposition of penalties prescribed in Section 14.3.101 of the fire prevention and protection code shall not preclude the chief from ordering, upon reasonable grounds, a hearing to show cause why a permit should not be revoked. Such hearing shall be conducted as set forth in Section 14.2.303 and Section 14.2.303.1 of that code.

 

Section 14.6.210. False Alarms.

 

(a) It is the duty of any person responsible for the operation of a fire alarm signaling system, as described in this article, to keep the system and its component parts in an operable condition at all times, so as to render continuing dependable service and prevent issuance of false alarms. The chief, upon determining that a system, or any of its components, is causing a frequency of false alarms shall issue notice to the responsible person to correct the cause. Failure or refusal to comply with such orders, within a reasonable time, shall be a violation of this article and subject the responsible party to the penalty set forth in Section 14.3.101 of the fire prevention and protection code.

 

(b) It shall be unlawful for any person to use a fire alarm signaling system which reports, or causes to report, five (5) or more false alarms within any one calendar year. For the purposes of this section "false alarm" is defined as a fire alarm signal eliciting a response by the city fire department when a situation requiring an immediate response does not in fact exist. An alarm will not be considered a false alarm if it is determined that the alarm was caused by:

 

(1) Natural or man-made catastrophe, or an act of God. Such events include tornadoes, floods, earthquakes, riots or

other similarly violent conditions.

 

(2) Vandalism causing physical damage to the premises.

 

(3) Telephone outage.

 

(4) Severe weather causing physical damage to the premises.

 

(5) The test of a local alarm system by a licensed alarm business agent or employee who is present at the premises

servicing, repairing or installing the alarm when such

testing does not result in the alarm being activated for

an uninterrupted period exceeding sixty (60) seconds and

when the city fire communications center has been

notified of the test.

 

Section 14.6.211. False Alarm Reviews

 

(a) Notification. A person charged by the fire department for initiating a false alarm shall be notified in writing of each false alarm determination.

 

(b) Review of Alarm Determination. The city fire marshal, or his designee, shall, when requested, review the determination that an alarm was false. Such review will be granted only if the person requests such a procedure within fifteen (15) days of the date of the mailing or other delivery of the notice of false alarm determination. A request for a determination by the fire marshal's office shall include, at least the following information:

 

(1) The person's name,

 

(2) Address at which alarm is installed,

 

(3) Date of alarm signal being contested,

 

(4) Facts upon which the request for a determination is made.

Section 14.6.212. False Alarm Penalties.

 

(a) Any person convicted of violating any provision of this article, unless the specific penalties of this section apply, shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the municipal correction institution for a term not to exceed One Hundred Eighty Days (180) or by both such fine and imprisonment.

 

(b) Any person convicted of using an alarm system which reports or causes to report five (5) or more false alarms within a calendar year, shall be fined in accordance with the following schedule:

 

(1) First Offense - Fifth (5th) false alarm............$25.00

 

(2) Second Offense - Sixth (6th) false alarm...........$50.00

 

(3) Third Offense - Seventh (7th) false alarm..........$75.00

 

(4) Fourth Offense - Eighth (8th) false alarm.........$100.00

 

(5) Fifth Offense - Ninth (9th) false alarm...........$125.00

 

(6) Sixth Offense or any subsequent offense - Tenth (10th) false alarm and each subsequent false alarm.......$250.00

 

(c) Each day of violation of any provision of this article shall constitute a separate offense.

 

(d) Persons who do not request a review of a false alarm determination may avoid a court appearance by mailing to the fire department within ten days of receipt of notice of the determination the proper amount of the fine as set forth in the above penalty schedule.

 

Division III

 

Section 14.6.301 Central Station Fire Alarm Signaling Systems.

 

(a) Standards. All central station fire alarm signaling systems shall be constructed, installed, maintained and used in conformity with standards appearing in the National Fire Protection Association, Standard No. 71, the Uniform Fire Code, and the other pertinent provisions of this article.

 

(b) Intent. A device or system having materials, methods of operation, or forms different from those detailed in this article may be examined and tested by the chief, according to the intent of this article, and if found to be equivalent it may be approved by the chief.

 

Section 14.6.302. Fire Department Response.

 

The fire department will respond fire department units to all automatic fire alarm signals transmitted to the city fire communications center. The first officer arriving at the scene of the automatic signal will make all reasonable attempts to determine if the signal is valid or a false signal. Upon determination by the officer in charge that, in his judgment, the automatic alarm is a false alarm, the fire department shall not hold the fire companies out of service awaiting the arrival the fire alarm signaling company representative or the owner of the premises. The officer in charge will notify the fire alarm dispatcher that the fire alarm signaling system operator will need to handle the automatic signal.

 

Section 14.6.303. Central Station Fire Alarm Signaling Systems Situated Outside of the City.

 

The Chief may issue permits to central fire alarm signaling systems, located outside of the City, authorizing the monitoring of fire alarms within the corporate limits of Kansas City, Missouri, if, in the opinion of the Chief the intent of this article is being met. The permittee shall be held accountable for any failures of its signaling system to notify the city fire communications center of an automatic fire alarm signal received from an end user customer. The permittee, or authorized representative, shall pay his travel expense, if any, and he shall respond to and appear at the Kansas City Fire Department headquarters, during reasonable business hours, upon receiving notice from the chief that a hearing is to be held to determine if the operator's permit should be revoked for failure to meet and maintain the standards and requirements set forth in the provisions of the NFPA Standards and provisions of this article. Failure of a permittee to appear at such a hearing, after receiving reasonable notice of the alleged violation of the code, the time and place of the hearing, may constitute grounds for revocation of the permit.

 

Section 14.6.304. Reporting Alarms, Central Station Fire Alarm Signaling Systems.

 

Any fire alarm transmitted by a central station fire alarm signaling system to the city fire communications center shall be done by direct voice communications of a type that is subject to the approval of the chief.

 

Division IV

 

Section 14.6.401. Remote Station Fire Alarm Signaling System.

 

(a) Limited use of the City Fire Communications Center. As a public service, and in furtherance of the public safety and welfare, limited use of the city fire communications center facilities will be available for monitoring remote station alarm signaling systems, subject to Section 14.6.207(1)(2), the provisions of this article and regulations of the fire department.

 

(b) Standards. All remote station fire alarm signaling systems shall be constructed, installed, maintained and used in accordance with National Fire Protection Association Standard No. 72 and the provisions of this article.

 

(c) Intent. A device or system having materials, methods of operation, or forms different from those detailed in this article may be examined and tested by the chief, according to the intent of this article, and if found equivalent may be approved by the chief.

 

Section 14.6.402. Approval by the Chief.

 

Complete information regarding the remote station alarm signaling system, including specifications, wiring diagrams and floor plans of the remote station fire alarm signaling system and all customer installations shall be submitted to the chief for approval prior to installation of equipment or wiring or in the event of major alternations or repairs.

 

Section 14.6.403. Revocable Permit for Remote Station Alarm Signaling Systems.

 

A revocable non-transferable permit to install and operate a remote station fire alarm signaling system may be issued upon written application to the Chief and upon his determination that:

 

(1) The interface between the remote fire alarm signaling terminals and the computer facilities at the city fire

communications center will comply with requirements

established by the Chief. The proposed connection and

operation of the remote fire alarm signaling system shall

meet standards set forth by the National Fire Protection

Association and the provisions of this article.

 

(2) The connection, operation, testing and maintenance of the remote fire alarm signaling system will not, in the

opinion of the chief, unreasonably impair the fire

communications center operations.

 

(3) The applicant demonstrates that adequate equipment and work force will be available to repair, maintain or

otherwise service alarms systems owned, sold, leased or

operated by the applicant.

 

(4) The applicant has executed a hold harmless and indemnifying agreement, and has procured liability

insurance as required in Section 14.6.202(b) of this

article.

 

Section 14.6.404. Maintenance and Periodic Testing of Remote Station Fire Alarm Signaling System equipment.

 

(a) Qualified Personnel. The remote station alarm signaling system operator shall provide qualified personnel at the city fire communications center to conduct equipment testing in the presence of personnel designated by the chief or his designee. Such tests are to be in accordance with NFPA 72.

 

(b) Maintenance. The remote station operator shall maintain a record with the fire communications center listing the names and addresses of the owner and the person responsible for care and maintenance of the premises within which there is installed a remote station alarm signaling system. All remote fire detection and alarm systems shall at all times be maintained in operational condition. It shall be unlawful for any person to render the remote fire alarm signaling system unserviceable, for whatever reason, without first verbally notifying the supervisor of the fire communication center, immediately followed by written notice if the system will be out of service for more than twenty-four (24) hours. The city fire communications center must be orally advised when the system is returned to service.

 

Division V

 

Section 14.6.501. Proprietary Fire Alarm Signaling Systems.

 

(a) Standards. All proprietary fire alarm signaling systems shall be constructed, installed, maintained and used in conformity with standards appearing in the National Fire Protection Association Standard No. 72; the Uniform Fire Code; and other pertinent provisions of this article.

 

(b) Intent. A device or system having materials, methods of operation, or forms different from those detailed in this article may be examined and tested by the chief, and if found to be equivalent it may be approved by the chief.

 

Section 7. That Chapter 14, Code of General Ordinances, entitled "Fire Prevention and Protection Code" is amended by enacting a new Article 10 - "General Provisions for Fire Safety" to read as follows:

 

ARTICLE 10

 

Provisions of this article are in addition to those provisions of the Uniform Fire Code. Sections of this article coinciding with provisions of the Uniform Fire Code supercede those provisions of the Uniform Fire Code.

 

GENERAL PROVISIONS FOR FIRE SAFETY

 

Division I

 

General

 

Section 10.105(a) Obstructions. This section of the Uniform Fire Code, 1991 Edition, is deleted.

 

Section 14.10.105(a) Obstructions.

 

Posts, fences, vehicles, growth, trash, storage and other materials or things shall not be placed or kept near fire hydrants, fire department inlet connections or fire-protection system control valves in a manner that would prevent such equipment of fire hydrants from being immediately discernible. The fire department shall not be deterred or hindered from gaining immediate access to fire-protection equipment or hydrants.

 

A 5 foot clear space shall be maintained around the circumference of fire hydrants except as otherwise required or approved by the Chief.

 

Section 10.105(b), (c) and (d) See Uniform Fire Code, 1991 Edition.

 

Division V

 

Section 10.506(b) Standards. This section of the Uniform Fire Code, 1991 Edition, is deleted.

 

Section 10.506(b) Standards. See Chapter 9, Building Code.

 

Section 10.507(g) Group I Occupancies. This section of the Uniform Fire Code, 1991 Edition, is deleted.

 

Section 14.10.507(g) Group I Occupancies. See Chapter 9, Building Code.

 

Section 14.10.514 Smoke Detectors.

 

(a) Structures Included. In addition to requirements in the Uniform Fire Code, smoke detectors shall be provided in all existing single-family dwellings, two-family dwellings, apartment houses, guest rooms used for sleeping purposes in lodging houses and hotels.

 

(b) Location.

 

(1) In dwelling units, except efficiency dwelling units, a detector shall be mounted on the ceiling or wall at a

point centrally located in a corridor or other area

giving access to rooms used for sleeping purposes unless

the manufacturer's instructions provide otherwise, then

in accordance with those instructions.

 

(2) In efficiency dwellings units, lodging house sleeping rooms, hotel sleeping rooms or hotel suites, the detector

shall be centrally located on the ceiling of the main

room or hotel sleeping room. Where sleeping rooms are on

the upper level, the detector shall be placed near the

center of the ceiling directly above the stairway serving

such upper level unless the manufacturer's instructions

provide otherwise, then in accordance with those

instructions.

 

(3) All detectors shall be located in accordance with approved manufacturer's instructions. When actuated, the

detectors shall provide an alarm in the dwelling unit or

guest room.

 

(c) Duties.

 

(1) It shall be the duty of the owner of every building regulated by this section to provide an approved operable

fire warning system.

 

(2) It shall be the duty of the owner of every lodging house, hotel and every vacant dwelling unit within every

partially occupied dwelling and apartment house regulated

by this section to maintain the fire warning system.

 

(3) It shall be the duty of the occupant of every dwelling unit within every dwelling and apartment house regulated

by this section to maintain the smoke detectors within

his dwelling unit provided as part of the building's fire

warning system.

 

(d) Sprinkler systems. Any building containing an operable automatic sprinkler system which complies with the requirements of the Building and Fire Prevention Codes is exempt from the provisions of this section.

 

(e) Violation. Failure to comply with any provisions of this section shall constitute a violation. Each and every day during which any violation of this section is committed, continued or permitted shall be a separate offense.

 

No order or notice shall be required before the city may bring an action in the Municipal Division of the Circuit Court to enforce this section.

 

(f) Penalty. A person convicted of any violation of this section shall be punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment of not more than one hundred eighty (180) days, or by both such fine and imprisonment.

 

Section 14.10.515 Fire Alarm Reporting When Premises Are Not Monitored.

 

Whenever a fire alarm sounds in or upon premises which are not monitored by a central or remote station, or proprietary fire alarm signaling system, the owner or occupant shall without delay report such alarm to the Fire Department.

 

Section 8. That Chapter 14, Code of General Ordinances, entitled "Fire Prevention and Protection Code" is amended by enacting a new Article 11 - "General Fire Safety Precautions" to reads as follows:

 

ARTICLE 11

 

Provisions of this article are in addition to those provisions of the Uniform Fire Code. Sections of this article coinciding with provisions of the Uniform Fire Code supercede those provisions of the Uniform Fire Code.

 

GENERAL FIRE SAFETY PRECAUTIONS

 

Division I

 

Section 14.11.104 Incendiary.

 

No person shall deliberately, maliciously or negligently kindle or cause to be kindled a fire upon their property or the property of another for the purpose of fraud, spite, revenge, vandalism, or for any reason that may endanger public health safety, cause loss of life or property, or endanger the personnel assigned to respond.

 

Division II

 

Section 11.203. This section of the Uniform Fire Code, 1991 Edition, is deleted.

 

Section 14.11.203(a) Bonfires; rubbish burnings.

 

(a) Bonfires; rubbish burnings. No person, firm or corporation shall burn or cause to be burned any bonfire nor shall any such person or entity dispose of rubbish by open burning, or cause, allow or permit open burning of rubbish. Rubbish includes but is not limited to waste material from construction or demolition of buildings.

 

Exceptions:

 

1. Persons, firms or corporations who have been issued a permit pursuant to Sections 14.4.101 and 18.85, Code of

General Ordinances.

 

2. Warming barrels shall be permitted during daylight at a construction or demolition site provided each site shall

be limited to two (2) barrels of a size not to exceed 55

gallons, and further provided that no warming barrel

shall be used when the local temperature is 50 degree

Fahrenheit or above. Material which emits excessive

smoke or noxious fumes is prohibited from use in warming

barrels.

 

3. Fires used for recreational purposes, or fires used for the noncommercial preparation of food such as barbecuing

shall be in accordance with Section 14.11.204.

 

4. Fire used for training upon receiving joint approval of the director of health and the fire chief.

 

5. The fire chief may prohibit issuance of any or all burning permits, or suspend previously issued burning

permits, when atmospheric conditions or circumstances may

render such fires hazardous.

 

(b) Fire Extinguishing Equipment. A garden hose connected to a water supply or other approved fire extinguishing equipment shall be readily available for use at approved open burn sites.

 

(c) Attendance. Burning material shall be constantly attended by a person knowledgeable in the use of the fire extinguishing equipment required by this section and familiar with the permit limitation which restrict open burning. An attendant shall supervise the burning of material until such burning material and embers have been completely extinguished.

 

(d) Notification. Prior to commencement of open burning the fire department shall be notified of the location and expected time burning will take place.

 

(e) Discontinuance. The Chief is authorized to require that open burning be immediately discontinued if the Chief determines that smoke emissions are offensive to occupants of surrounding property or if the open burning is determined by the Chief to constitute a hazardous condition.

 

Section 11.204. This section of the Uniform Fire Code, 1991 Edition is deleted.

 

Section 14.11.204. Recreational Fires

 

(a) General. Recreational fires shall be in accordance with this section.

 

(b) Fires Used For Non-Commercial Preparation of Food. Fires used for non-commercial preparation of food, such as barbecuing, are permitted provided that the fire is in a free standing cooking device using fossil fuel, natural gas, or pressurized gas, and further provided that any such fires on wooden decks or wooden balconies in multi-family dwellings containing more than two (2) units are prohibited.

 

(c) Fire-extinguishing Equipment. Buckets, shovels or garden hoses shall be readily available for use at recreational fires.

 

(d) Attendance. Recreational fires shall be constantly attended by a person knowledgeable in the use of fire-extinguishing equipment required by this section. An attendant shall supervise a recreational fire until such fire has been extinguished.

 

(e) Discontinuance. The chief is authorized to required that recreational fires be immediately discontinued if such fires are determined by the chief to constitute a hazardous condition.

 

Section 9. That Chapter 14, Code of General Ordinances, entitled "Fire Prevention and Protection Code" is amended by enacting a new Article 25 - "Places of Assembly" to read as follows:

 

ARTICLE 25

 

Provisions of this article are in addition to those provisions of the Uniform Fire Code. Sections of this article coinciding with provisions of the Uniform Fire Code supercede those provisions of the Uniform Fire Code.

 

PLACES OF ASSEMBLY

 

Division 1

 

General

 

Section 25.117 This section of the Uniform Fire Code, 1991 Edition, is deleted.

 

Section 14.25.117 Standby Personnel.

 

(a) Whenever, in the opinion of the chief, it is essential for public safety in any place of public assembly or other place where people congregate, due to the number of person, or the nature of the performance, exhibition, display, contest or activity, the owner, agent or lessee shall employ one (1) or more experienced fire fighters, as required and approved by the chief, to be on duty at such place. The fire fighters in performance of his fire guard duties shall be subject to the supervision of the owner, agent or lessee of the premises being protected. He shall be in proper 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, said fire fighters shall inspect for compliance with the fire prevention code, and shall keep diligent watch for fires during the time such place is open to the public or such activity is being conducted and take prompt measures for extinguishment of fires that may occur. Fire fighters shall not be required or permitted, while on duty, to perform any other activity than that of the fire guard.

 

(b) When on-duty fire fighters are not available, the person in charge of the assembly shall hire an off-duty fire guard approved by the Chief for fire guard duties. The person in charge of the assembly shall pay the off-duty fire guard at the equivalent of the prevailing fire guard wage rate.

 

(c) Fire fighters working at any public gathering shall be paid by the employer a minimum of four (4) hours, and should this duty fall on a legal holiday they shall be paid at double time rate.

 

Division IV

 

Outdoor Carnivals and Fairs

 

Section 25.403 This section of the Uniform Fire Code, 1991 Edition, is deleted.

 

Section 14.25.403 Concession Stands.

 

(a) General. Concession stands shall be in accordance with this section.

 

(b) Location. Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on all sides and shall not be located within 10 feet of amusement rides or devices.

 

(c) Fire Extinguishers. A 40-B: C-rated dry chemical fire extinguisher shall be provided where deep-fat fryers are used.

 

Section 10. That Chapter 14, Code of General Ordinances, entitled "Fire Prevention and Protection Code" is amended by enacting a new Article 32 - "Tents, Canopies and Temporary Membrane Structures" to read as follows:

 

Section 32.106 This section of the Uniform Fire Code, 1991 Edition, is deleted.

 

Section 14.32.106 Structural Stability.

 

Tents, canopies and temporary membrane structures and their appurtenances shall be adequately roped, braced and anchored to withstand the elements of weather against collapsing. Evidence of structural stability shall be furnished to the chief upon request.

 

Air-supported and air-inflated structures shall have the design and construction of the fabric envelope, the method of anchoring and inflation systems in accordance with the Building Code.

 

Section 11. That Chapter 27, Code of General Ordinances, entitled "Fire Prevention and Protection Code" is amended by enacting a new Article 27 - "Cellulose Nitrate Plastics (Pyroxylin), Storage and Handling" to read as follows:

 

Section 27.103 This section of the Uniform Fire Code, 1991 Edition, is deleted.

 

Section 14.27.103 Display of Plastics.

 

(a) General. Displays of cellulose nitrate plastic (pyroxylin) articles in stores shall be in show cases or show windows except as set forth in this section.

 

(b) Display on Tables and Counters.

 

1. General. Articles are allowed to be placed on tables less than 3 feet wide and 10 feet long. Tables shall be

spaced at least 3 feet apart. Where articles are

displayed on counters, they shall be arranged in like

manner.

 

2. Combustible storage. Spaces underneath tables shall be kept free of storage of any kind and of accumulations of

paper, refuse and other combustible material.

 

3. Location. Sales or display tables shall be so located that in the event of a fire at the table, the table will

not interfere with free exit from the room, in at least

one direction.

 

(c) Lighting. Lighting shall not be located directly above cellulose nitrate plastic (pyroxylin) material, unless provided with a suitable guard to prevent heated particles falling.

 

Section 12. That Chapter 14, Code of General Ordinances, entitled "Fire Prevention and Protection Code" is amended by enacting a new Article 77 - "Explosive Materials" to read as follows:

 

ARTICLE 77

 

Provisions of this article are in addition to those provisions of the Uniform Fire Code. Sections of this article coinciding with provisions of the Uniform Fire Code supercede those provisions of the Uniform Fire Code.

 

EXPLOSIVE MATERIALS

 

Division I

 

General

 

Section 77.103(a) This section of the Uniform Fire Code, 1991 Edition, is deleted.

 

Section 14.77.103(a) Permits Required.

 

1. No person shall do or cause to be done any blasting within the city limits, or outside such limits but on

property owned or operated by the city, without first

obtaining a permit from the city engineer and the fire

chief, subject to all provisions of this article.

 

2. No person shall manufacture, possess, store, sell, display or otherwise dispose of explosive materials at

any location within the city limits, without first

obtaining a permit from the chief.

 

3. No person shall transport any explosive materials within the city, without first notifying and obtaining a permit

from the chief.

 

4. No person shall operate a terminal for handling explosive materials within the city, without first notifying and

obtaining a permit from the chief.

 

(b) See Uniform Fire Code, 1991 Edition.

 

(c) Application. All applications for permits for blasting or use of explosives shall be signed by the person or his duly authorized agent who desires to do the blasting described in the application and shall contain such other information regarding the proposed blasting as may be required by the city engineer.

 

(d) Contents; duration. Permits granted under this article shall specify the blasting to be permitted, the time such permit shall be valid and other such conditions and requirements as the city engineer may deem safe and proper, provided that such period of validity shall not extend beyond the calendar year in which the permit is issued.

 

(e) Permit Issuance. Whenever the city engineer shall find, from an examination of the application for blasting permit and such other information as he may deem necessary and proper to find or require, that such blasting can be done with safety to life and property, then he shall issue the permit as in this article provided.

 

Section 77.104 This section of the Uniform Fire Code, 1991 Edition, is deleted.

 

Section 14.77.104 Bond prerequisite to permit.

 

Before any permit referred to in this article shall have been issued for blasting, the applicant for such permit shall have executed a bond to the city conditioned that he will save the city harmless from and indemnify it from any loss or damage occurring by reason of such blasting. Such bond shall be in the sum of not less than ten thousand dollars ($10,000.00) and not more than one hundred fifty thousand dollars ($150,000.00), with the specific amount being fixed by the city engineer, based on the hazards involved, so that the amount of the bond will be a substantial and reasonable protection for the liability which might occur against the such inspection. The city engineer shall, within a reasonable time, inform the grantee of a permit of the requirements of such inspection, and such grantee shall not perform or cause to be performed any blasting under the permit, contrary to such inspection requirements.

 

Section 14.77.110 Rate to inspect blasting.

 

The city engineer shall charge the grantee of a blasting permit actual cost involved for inspection of blasting. Additionally, the city engineer shall charge the grantee the actual cost of any seismographic test or readings that may be required in connection with the inspection. No permit for blasting will be issued unless the grantee has the sum of five hundred dollars ($500.00) on deposit with the city treasure for payment of such inspection and testing costs. At the completion of the blasting operations after all inspection and testing costs have been determined, the grantee shall pay any balance due within ten (10) days after notice of it is mailed to the grantee at the address given on the application for the permit. Any unused balance of the deposit will be refunded or kept on deposit at the grantee's option. If at any time during the period that a permit remains in effect, the city engineer determines that the inspection and testing costs are likely to exceed the amount on deposit and so notifies the grantee in writing, then, within five (5) working days, the grantee shall deposit such additional sum as the city engineer has determined to be required or shall cease blasting.

 

In the event that any balance due is not paid within the ten (10) day period provided above, then a charge of twenty five ($25.00) shall be paid by the grantee to cover the city's additional collection costs and administrative expenses; additionally, the amount of the deposit required from any grantee, who, within three (3) years prior to the date of application, has failed to pay a balance due within ten (10) days provided above, shall be tripled. Upon written request of the grantee and for good cause shown, the penalties set out in this paragraph may be waived by the city engineer.

 

Section 14.77.111 Inventories; disposition of explosives when permit expires.

 

Each applicant for a permit for blasting shall maintain a daily inventory in detail of all explosives in his possession for blasting purposes, from the date of the application to the final termination of the permit. Such inventory and stocks of explosives included therein shall be subject to inspection and examination at any reasonable time of the office of the city engineer. On the final termination of the permit, all stocks of explosives remaining unused by the permittee shall be shown and reported to the city engineer, as he may direct, and such disposition made thereof as shall be approved or directed by the city engineer.

 

Section 14.77.112 Rules and regulations of city engineer.

The city engineer is hereby authorized to make and publish, from time to time, rules and regulations in conformity with and for carrying out the provisions of this article respecting the conditions for issuing blasting permits, including the acquisition, daily recording, storage, transportation, disposition of explosives and the method and manner of blasting. In making such rules and regulations the city engineer shall be guided by the recommendations of the United Association of Fire Underwriters.

 

Section 14.77.113 Permit revoked.

 

If, in the opinion of the city engineer, any of the rules and regulations hereby authorized are violated in any manner, the blasting permit may be revoked.

 

Division II

 

Storage

 

General

 

Section 77.201. See Uniform Fire Code, 1991 Edition.

 

Section 14.77.202.1. Explosive Handling, Storage and Use.

 

(a) Fire Marshal's Information Sheet on Blasting must be filled out and all requirements met.

 

(b) All magazines must be fenced with a chain linked fence, 8' in height with barb-wire or razor wire attached to the top.

 

(c) A minimum of 6' distance shall be maintained between all portions of the fence and magazine.

 

(d) The gate leading into the magazine must be locked at all times with a heavy duty tamper proof type lock.

 

(e) The N.F.P.A. 704 Placarding System shall be attached to all four sides of the fence with an all weather type placard. The triangles, blue, red and yellow, will be assigned the number four (4) with type of agent inside the magazine next to the number. Examples of number would be:

 

Explosives Blasting agents Detonating Devices

 

The bottom white triangle will have the letter W with a slash through the letter.

 

(f) If a one (1) day supply of blasting material is stored on site overnight, a Security Guard must be on site at all times. The only assignment this Security Guard is to perform is security for the explosives or blasting agents.

 

Exception: The Chief may grant a variance to these

requirements upon receiving a written request accompanied

by a showing that adequate safeguards are provided

including proper storage magazines within a secured

enclosure, with proper berms, and located in accordance

with nationally recognized standards. See Appendix VI-E.

 

(g) The Security Guard must have M.S.D.S. Sheets in their possession at all times along with the Fire Marshal's Division Form.

 

(h) The Security Guard must be familiar with what is stored inside the magazines.

 

(i) Vehicles used to haul explosives on site must have a minimum of a 2-A, 10-B:C type of fire extinguisher with the vehicle at all times.

 

(j) Vehicles used to haul explosives on site must be placarded with N.F.P.A. 704 System as noted in Section 1 of the Guidelines. The placards shall be placed on all four sides of the transportation vehicle.

 

(k) The Fire Marshal's Office shall be called when blasting is to be done.

 

(l) The Fire Marshal's Office shall be notified when blasting job is complete and all blasting equipment has been removed.

 

(m) Maximum allowed storage of explosives, blasting agents, and detonators will be limited to a one (1) day supply.

 

Section 13. That Chapter 14, Code of General Ordinances, entitled "Fire Prevention and Protection Code", is amended by enacting a new Article 78 - "Fireworks" to read as follows:

 

ARTICLE 78

 

Provisions of this article are in addition to those provisions of the Uniform Fire Code. Sections of this article coinciding with provisions of the Uniform Fire Code supercede those provisions of the Uniform Fire Code.

 

FIREWORKS

 

Division I

 

General

 

Section 78.102(a) This section of the Uniform Fire Code, 1991 Edition, is deleted.

 

Section 14.78.102(a) Definition.

 

The term "fireworks" shall mean and include any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, sparklers or other fireworks of like construction, and any fireworks containing any explosive or flammable compound, or any tablets or other devices containing any explosive substances. The term "fireworks" shall not include any toy pistols, toy canes, toy guns or other devices in which are used paper caps manufactured in accordance with the United States Commerce Commission regulations for packing and shipping of toy paper caps, nor any toy pistol paper caps manufactured as provided therein, the sale and use of which shall be permitted at all times.

 

Section 78.103(a) This section of the Uniform Fire Code, 1991 Edition, is deleted.

 

Section 14.78.103(a) Fireworks.

 

(a) Fireworks

 

(1) Manufacturing. The manufacturing of fireworks is prohibited except under special permits as required by

local and state regulations. See Section 4.108 of the

Uniform Fire Code, 1991 Edition.

 

(2) Displays. Permit for public display by pyrotechnic expert - generally. Fireworks may be sold for use by

experienced pyrotechnic experts in a public exhibition or

display of fireworks, provided the person desiring to

purchase such articles of fireworks shall exhibit to and

file with the seller a permit, or a copy thereof, issued

by the commissioner of licenses.

 

(b) Pyrotechnic Special Effects Material. See Uniform Fire Code, 1991 Edition.

 

(c) Investigation and approval by director of fire department; fee. An application for a permit for public exhibition or display of fireworks shall be filed with the commissioner of licenses at least ten (10) days before the date set for the display. A copy of such application shall be sent at once to the director of the fire department, who shall make or cause to be made an investigation of the site of the proposed display and investigate the competence and skill of the persons to be in charge of the firing and discharge of the fireworks. If satisfied that the display will be conducted lawfully and in accordance with this chapter, he shall so advise the commissioner of licenses. No permit shall be issued unless the approval in writing therefor, signed by the director of the fire department, is filed with the commissioner of licenses. The applicant for a permit shall, at the time of filing application therefor, pay the commissioner of licenses a fee of ten ($10.00) which sum shall be refunded in the event the application for such permit is denied.

 

Section 14.78.104 Permit application.

 

(a) Filing. An applicant for a permit for a public exhibition or display of fireworks shall file with the commissioner of licenses a written application, in triplicate, therefore, duly subscribed and sworn by the applicant.

 

(b) Contents. Such application shall set forth the following:

 

(1) The name of the association, organization or corporation sponsoring the display, together with the names of the

persons to be in charge of the firing or discharging of

the display.

 

(2) The date and time of day at which the display is to be held.

 

(3) The exact location planned for the display.

 

(4) A description setting forth the age, experience, residence, and physical characteristics of the persons

who are to do the actual firing and discharging of the

fireworks.

 

(5) The number and kinds of fireworks to be discharged.

 

(6) The manner and place of the storage of such fireworks between the date of purchase and the date of display.

 

(7) A diagram or sketch of the grounds on which the display is to be held, showing the point at which the fireworks

are to be discharged, the location of all buildings,

streets and other lines of communications, the lines

behind which the public will be restrained, and the

location of all nearby trees, telegraph and telephone

lines or other overhead obstructions.

 

Division II

 

Displays

 

Section 78.203(a) and (b) See Uniform Fire Code, 1991 Edition.

 

Section 78.203(c) This section of the Uniform Fire Code, 1991 Edition, is deleted.

 

Section 14.78.203(c) Insurance policy required; amount, conditions.

 

Before a permit shall be issued for a public exhibition or display of fireworks, the applicant shall have on file with the director of finance a certificate of insurance or a copy thereof, with a company acceptable to the director of finance and approved as to form by the city attorney, stating that the applicant has a liability insurance policy in an amount acceptable to the director of finance, but in no event less than five hundred thousand dollars ($500,000.00) combined single limit for bodily injury and property damage. In addition, the certificate of insurance shall state that the City of Kansas City is an additional insured and that a mandatory ten-day notice of material change or policy cancellation will be given to the City of Kansas City, Missouri. The certificate of insurance must evidence coverage is afforded for any and all displays of fireworks and/or pyrotechnical displays which are presented by or for the named insured (applicant) during the period.

 

See Section 78.203(d) through (k), of the Uniform Fire Code, 1991 Edition.

 

Section 14.78.204 Conduct of display.

 

(a) Distance restrictions. A public display of fireworks shall be permitted only when the actual point at which the fireworks are to be fired is at least two hundred (200) feet from the nearest permanent building, public street or railroad or other means of travel, or fifty (50) feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction.

 

(b) Location of audience. The audience at a public display of fireworks shall be restrained behind lines at least one hundred fifty (150) feet from the point at which the fireworks are discharged, and only persons in active charge of the display shall be allowed inside these lines.

 

(c) Firing projectile. All fireworks that fire a projectile will go into the air as nearly as possible at an angle of not more than fifteen (15) degrees from vertical and directed away from the spectators, provided that where such fireworks are to be fired beside a lake or other large body of water they may be directed in such a manner that the falling residue from the deflagration will fall into such body of water.

 

(d) Unfired fireworks. Any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining.

 

(e) Prohibited in windstorms. No fireworks display shall be held during a windstorm in which the wind reaches a velocity of more than twenty (20) miles per hour. In such cases, the chief of the fire prevention division may authorize the display at a future date suitable to the group holding the display.

 

(f) Operators at public display. There shall be at least two (2) able-bodied persons at least twenty-one (21) years of age on duty at all times during a public fireworks display. The two (2) persons shall be in actual charge of the discharging of the fireworks and shall be competent for the task.

 

(g) Fire Extinguishers at public display. At a public display of fireworks, at least two (2) extinguishers of at least two and one-half (2-1/2) gallons capacity each shall be available to extinguish any Class A type fires. The extinguishers shall be kept at as widely separated points as possible within the actual area in which the discharging is being done.

 

Section 14.78.205 Sale, use and carrying of fireworks prohibited.

 

Except as hereinafter provided, it shall be unlawful for any person to carry on or about their person, offer for sale, expose for sale, sell at retail, use or explode any fireworks in the city.

 

Section 14.78.206 Enforcement of provisions.

 

The chief of police is charged with the duty of enforcing all the provisions, terms and regulations of this chapter relating to fireworks.

 

Section 14.78.207 Storage of fireworks to be sold at wholesale.

Fireworks to be sold at wholesale shall be kept in a building used solely for the storage of fireworks. Such buildings must comply with pertinent fire prevention code and building code requirements for the type of occupancy and shall be protected by a sprinkler system. A fire department permit is required for this storage.

 

Section 14.78.208 Seizure of fireworks.

 

The chief of the fire prevention division shall seize, take, remove or cause to be removed at the expense of the owner all stocks of fireworks offered for sale, stored or held in violation of this article.

 

Section 14.78.209 Exemptions from chapter.

 

Nothing in this article shall be construed as prohibiting any resident wholesaler, dealer or jobber from carrying on or about his person or selling at wholesale such fireworks as are not herein prohibited, nor from carrying on or about his person or selling any kind of fireworks, provided the same are to be shipped directly out of the city in accordance with Interstate Commerce Commission regulations governing the transportation of explosives and other dangerous articles by motor, rail or water; nor as prohibiting the carrying on or about the person or use of fireworks in a public exhibition by pyrotechnic experts as hereinbefore authorized; nor as prohibiting the manufacture, storage, carrying on or about the person or use of signals, fuses or fireworks necessary for the safe operation of the railroads, trucks, aircraft or other instrumentalities of transportation, or of blank cartridges and blank pistols for show or theater, or for signals or ceremonial purposes in athletic or sports, or for use by military organizations.

 

Section 14.78.210 Penalty.

 

Any person violating the provisions of this article shall be subject to provisions and penalties set forth in Section 14.3.101 of this Code.

 

Section 14.78.211 Throwing firecrackers or other fireworks.

 

(a) It shall be unlawful for any person to throw or otherwise deposit, or attempt to throw or otherwise deposit, any firecracker, squib, "cherry" bomb, grenade, torpedo or other combustible fireworks whatsoever into, at or upon any motor vehicle, or at any person or group of persons, or so near any such person or group of persons as to endanger same.

 

Section 14. That Chapter 14, Code of General Ordinances, entitled "Fire Prevention and Protection Code", is amended by enacting a new Article 79, "Flammable and Combustible Liquids" to read as follows:

 

ARTICLE 79

 

Provisions of this article are in addition to those provisions of the Uniform Fire Code. Sections of this article coinciding with provisions of the Uniform Fire Code supercede those provisions of the Uniform Fire Code.

 

Flammable and Combustible Liquids

 

Division V

 

General

 

Section 79.501. This section of the Uniform Fire Code, 1991 Edition, is deleted.

 

Section 14.79.501. Storage of Class I and Class II liquids.

 

Storage of Class I and Class II liquids in above ground tanks outside of buildings is prohibited if such liquids are being dispensed to or by the public within the City limits as defined in Chapter 4 of the Charter of the City of Kansas City, Missouri.

 

Section 15. That Chapter 14, Code of General Ordinances, entitled "Fire Prevention and Protection Code", is amended by enacting a new Article 80 - "Hazardous Materials" to read as follows:

 

ARTICLE 80

 

Provisions of this article are in addition to those provisions of the Uniform Fire Code. Sections of this article coinciding with provisions of the Uniform Fire Code supercede those provisions of the Uniform Fire Code.

 

HAZARDOUS MATERIALS

 

Section 80.103(a), (b), (c) See Uniform Fire Code, 1991 Edition.

 

Section 14.80.103(d) Manufacture, storage, transportation or use of hazardous materials.

 

(1) The manufacture, storage, transportation or use of hazardous materials shall be safeguarded with such protective facilities as public safety requires.

 

(2) The chief may require the following:

 

(a) The separation of any material that in combination with other substances may bring about a fire or explosion or

may liberate a flammable or poisonous gas.

 

(b) The separation of occupancies or buildings from other storage when the quantity stored constitutes a fire or

life hazard.

 

(3) Defective containers which permit leakage or spillage shall be disposed of or repaired in accordance with recognized safe practices; no spillage shall be allowed to accumulate on floors or shelves.

 

(4) Where kept for retail sales in containers or packages usual to the retail trade, storage shall be neat and orderly and shelves shall be of substantial construction.

 

(5) Where specific requirements are not otherwise established, storage, transportation or use of hazardous materials shall be in accordance with nationally recognized standards or good practices.

 

(6) Visible hazard identification signs shall be placed at all entrances to and in locations where hazardous materials are stored, handled, or used in quantities requiring a permit. Such signs shall comply with specifications set forth in the Uniform Fire Code Standard 79-3, 1991 Edition, which adopts certain provisions, also adopted herein as they appear in the National Fire Protection Association (NFPA) 49, Hazardous Chemicals Data, 1991 Edition, and NFPA 325M, Fire Hazard Properties of Flammable Liquids, Gases, and Volatile Solids, 1991 Edition.

 

(7) The owner, operator or manager of any premises involved in manufacture, storage, transportation or use of hazardous materials is responsible for the completion of the hazardous evaluation and the posting of a placard at each entrance to such premises, publishing the properly coded hazard warnings in accordance with the standards and guidelines appearing in the NFPA technical publications adopted herein.

 

(8) Satisfactory provisions shall be made for containing or neutralizing spills or leakage of hazardous materials which may occur during storage, handling, transportation or use.

 

(a) Material safety data sheets shall be readily available for all hazardous materials on the premises.

 

(9) For storage cabinet, transportation and storage tank requirements, see Uniform Fire Code Article 80.

 

Section 14.80.103(e) Violations and penalties.

 

(1) Violations. Any person, firm, corporation, partnership, association, charitable organization, or governmental agency properly regulated by the City which violates any of the provisions of the fire prevention code shall be deemed guilty of a misdemeanor. Each and every day or portion thereof during which any violation of each of the provisions of this code is committed, continued or permitted shall be a separate offense.

 

(2) Penalties. Any violation of this code shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment of not more than one hundred eighty (180) days, or by both such fine and imprisonment.

 

(3) The imposition of penalties herein prescribed shall not preclude the city attorney from instituting appropriate action, including equitable and extraordinary remedies, to prevent any unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain, or correct or abate a violation or to prevent the occupancy of a building or structure or portion thereof, or of the premises, or to prevent an illegal act, conduct of business or use in or about the premises.

 

Section 80.107. This section of the Uniform Fire Code, 1991 Edition, is deleted.

 

Section 14.80.107 Identification Signs.

 

Visible hazard identification signs as specified in Uniform Fire Code Standard No. 79-3 shall be placed at entrances to locations where hazardous materials are stored, dispensed, used or handled in quantities requiring a permit. Signs shall be provided at specific entrances designated by the Chief.

 

Individual containers, cartons or packages shall be conspicuously marked or labeled in accordance with nationally recognized standards. See also Section 80.301(d), Uniform Fire Code, 1991 Edition.

 

Section 16. That pursuant to Section 67.280, R.S.Mo. (1986), three copies of each model code adopted by reference by this ordinance were filed in the office of the City Clerk at least ninety (90) days prior to the adoption of this ordinance and kept available for public use, inspection and examination.

 

Section 17. That the City Clerk shall maintain three copies of each model code adopted by reference by this ordinance to be made available for public use, inspection and examination.

 

Section 18. Whenever there are practical difficulties involved in carrying out the provisions of this Code, the Chief may grant modifications for individual cases. The Chief shall first find that a special individual reason makes the strict letter of this Code impractical and that the modification is in conformity with the intent and purpose of this Code, and that such modification does not lessen health, life and fire safety requirements or any degree of structural integrity. The details of actions granting modifications shall be recorded and entered in the files of the Fire Department.

 

Section 19. Whenever there is insufficient evidence of compliance with any of the provisions of the Technical Articles or evidence that materials or construction do not conform to the requirements of the Technical Articles, the Chief may require tests as evidence of compliance to be made at no expense to the City.

 

Test methods shall be as specified by the Technical Articles or by other recognized test standards. In the absence of recognized and accepted test methods for the proposed alternate, the Chief shall determine test procedures.

 

All tests shall be made by an approved agency. Reports of such tests shall be retained by the Chief for the period required for the retention of public records.

 

Section 20. Conflicting provisions. Wherever conflicting provisions or requirements occur between this Code and the model codes adopted by this Code, this Code shall apply.

 

Wherever conflicting provisions or requirements occur between this article, the Technical Articles and any other municipal codes or laws, the most restrictive shall govern.

 

Where, in any specific case, different sections within any of the Technical Articles specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

 

Where conflicts occur between any specific provisions of this article and any administrative provisions in any technical article which is then applicable those provisions becoming the law last in time shall prevail.

 

Section 21. If violations of this Code are discovered which are to be abated by alterations to a building or structure, a permit to perform such work shall be obtained from the City Building Code Administrator.

 

Section 22. Severability of Code. It is hereby declared to be the intention of the council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code, since the same would have been enacted by the council without the incorporation in this Code of any such unconstitutional phrase, clause, sentence, paragraph or section.

 

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Approved as to form and legality:

 

 

 

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Assistant City Attorney