KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 050349 Introduction Date: 3/31/2005
Type: Ordinance Effective Date: 5/18/2005
Sponsor: None
Title: Amending the Fire Prevention and Protection Code, Chapter 26, Code of Ordinances by repealing Sections 26-105.1.1, 26-105.1.2, 26-105.3.1 and 26-105.6, and enacting in lieu thereof four new sections of like number and subject matter and three new Sections 26-105.1.3, 26-105.1.4 and 26-105.1.5, pertaining to Fire Code inspections and fees.

Legislation History
DateMinutesDescription
3/29/2005 Filed by the Clerk's office
3/31/2005 Referred to Neighborhood Development and Housing Committee
4/6/2005 Advance and Do Pass, Debate
4/7/2005 Passed

View Attachments
FileTypeSizeDescription
050349.pdf Authenticated 572K Authenticated
Fire Code--Ord--Proposed--Inspections-Engineers-Fire Prevention-Cert Compliance-Fees--2005--FACT SHEET.2.doc Fact Sheet 42K fact sheet

Printer Friendly Version

ORDINANCE NO. 050349

 

Amending the Fire Prevention and Protection Code, Chapter 26, Code of Ordinances by repealing Sections 26-105.1.1, 26-105.1.2, 26-105.3.1 and 26-105.6, and enacting in lieu thereof four new sections of like number and subject matter and three new Sections 26-105.1.3, 26-105.1.4 and 26-105.1.5, pertaining to Fire Code inspections and fees.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 26, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Sections 26-105.1.1, 26-105.1.2, 26-105.3.1 and 26-105.6 and enacting in lieu thereof four new sections of like number and subject matter and three new Sections 26-105.1.3, 26-105.1.4 and 26-105.1.5, pertaining to Fire Code inspections and fees, to read as follows:

 

Sec. 26-105.1.1. Inspection required by Chief or professional engineer.

 

a. Before a permit or fire inspection certificate necessary pursuant to section 26-105.6 of this code is issued by the Chief, the Chief or a professional engineer registered pursuant to sections 327.181 through 327.271, RSMo, shall inspect and approve the receptacles, vehicles, building, devices, premises, storage spaces, or area to be used.

 

b. Following notice being given from the Chief that an annual inspection is necessary, a multi-family residential dwelling or business shall make arrangements for such annual inspection to occur within 60 calendar days of notice.

 

Sec. 26-105.1.2. Notice of inspection form.

 

Following an inspection by a professional engineer, a completed notice of inspection form shall be forwarded to the Fire Prevention Division. Such notice of inspection form shall be forwarded in a manner, and shall be in a form and design, as approved by the Chief. The notice of inspection form shall indicate whether a fire inspection certificate inspection was necessary and whether a fire inspection certificate may be issued and such form shall indicate whether a permit inspection was necessary and what, if any, permits may be issued. Professional engineers performing inspections shall sign the notice of inspection form prior to submitting it to the Fire Prevention Division and shall have their signature notarized. Professional engineers may charge a fee for their inspections and such fees may be in excess of those charged by the Fire Prevention Division pursuant to section 26-105.1.3.

 

Sec. 26-105.1.3. Fire Prevention Division inspection fees.

 

The Fire Prevention Division shall charge a fee for conducting inspections pursuant to the following:

a. Fee for fire inspection certificate inspections. For inspections of multi-family residential dwellings and businesses necessary for the issuance of a fire inspection certificate:

i. The fee charged for any inspection of a multi-family residential dwelling shall be determined by combining the linear footage fee amount plus the square footage fee amount derived from the following two subparagraphs:

aa. The linear footage fee amount shall be the total amount of footage for all exit ways multiplied by the linear footage rate. The linear footage rate shall be twenty cents ($0.20) per footage; and,

 

bb. The square footage fee amount shall be determined by applying the business inspection square footage table found in paragraph iii of this subsection below to the total amount of square footage of all common areas. The term "common areas" shall include, but not be limited to, any offices, maintenance shops or places of assembly.

 

ii. The fee charged for any inspection of a business shall be determined by the gross square footage of such business using the table found in paragraph iii of this subdivision below.

 

iii. Total Gross Square Feet Inspection Fee

Up to 999 $ 20.00

1,000 to 2,499 30.00

 

2,500 to 7,999 50.00

 

8,000 to 11,999 60.00

 

12,000 to 49,999 80.00

 

50,000 and up 100.00

 

iv. The inspection fee charged for any inspection of a multi-family residential dwelling necessary for the issuance of a fire inspection certificate shall not be in excess of one hundred dollars ($100.00) per building or, when several buildings are in a single residential complex under a single management, per complex. The inspection fee charged for any inspection of a business requiring a fire inspection certificate shall not be in excess of one hundred dollars ($100.00).

 

b. Fee for permit inspections. For inspections of multi-family dwellings and businesses necessary for the issuance of a fire code permit, the fee shall be determined as follows:

 

i. The inspection fee charged when only one permit is necessary . . . $70.00

 

ii The inspection fee charged when more than one permit is necessary shall be the fee for the initial permit plus a fee per each additional permit that is necessary of . . . $45.00

 

c. Fee for blasting permit inspections. For inspections necessary for the issuance of blasting permits . . . $70.00

 

d. Fee for burning permit inspections. For inspections necessary for the issuance of burning permits . . . $70.00

 

e. Fee for Fireworks permit inspections. For inspections necessary for the issuance of fireworks or pyrotechnic display permits . . . $70.00

 

f. Fee for Fire hydrant permit inspections. For inspections necessary for fire hydrant use permits . . . $70.00

 

g. Fee for Re-inspections. For re-inspections of noted violations to assure compliance . . . $70.00

 

h. Fee for special scheduling. Charged in addition to other inspection fees for inspections requested to occur on short notice without prior scheduling approval . . . $100.00

i. Fee for late inspection. Charged in addition to other inspection fees for inspections occurring after more than 60 days have elapsed following notice being given from the Chief that an annual inspection is necessary . . . $100.00

 

j. First re-inspection. When a re-inspection is necessary for the issuance of a fire inspection certificate or a permit following the first unsatisfactory inspection, the inspection fee charged for this first re-inspection shall be waived and not billed if such first re-inspection is satisfactory; and, therefore, only the inspection fee for the first unsatisfactory inspection shall be due and owing. However, the inspection fee for the first re-inspection shall not be waived and shall be billed if such first re-inspection is unsatisfactory and a second re-inspection is necessary.

 

k. Second re-inspection. When a second re-inspection is necessary for the issuance of a fire inspection certificate or a permit, the inspection fee for such second re-inspection shall be due and owing in addition to the inspection fees for the first unsatisfactory inspection and the first unsatisfactory re-inspection. When a second re-inspection is unsatisfactory, the Chief may proceed with the issuance of citations for any violations of this Code determined as a result of such second re-inspection.

Sec. 26-105.1.4. Fire Prevention Division administrative fees.

 

An administrative fee of ten dollars ($10.00) shall be charged for the issuance of each fire inspection certificate and permit by the Fire Prevention Division.

 

Sec. 26-105.1.5. Fire Prevention Division training fees.

 

a. Subject to paragraph b of this section, a training fee of thirty-five dollars ($35.00) per hour per trainer shall be charged by the Fire Prevention Division for the provision of training on fire extinguishers, emergency action plans, community emergency response teams and other fire service related concerns.

 

b. Whenever any training is performed by Fire Department personnel who perform such training while on over-time or who must be paid for a minimum number of hours pursuant to a memorandum of understanding between the City and a union, the training fee charged for the training provided by such personnel shall be the training fee set out in paragraph a of this section multiplied by the applicable overtime rate and multiplied by the minimum number of hours required to be paid the personnel.

 

Sec. 26-105.3.1. Expiration of Permit.

 

A permit or fire inspection certificate shall continue until revoked or expired at the end of a one year period or less. Permit shall not be transferable and any change in use of, occupancy, ownership, operations, shall require a new permit or fire inspection certificate.

 

Sec. 26-105.6. Required operational permits.

 

The code official is authorized to issue operational permits for the operations set forth in Sections 105.6.1 through 105.6.47.

 

105.6.1 Aerosol products. An operational permit is required to manufacture, store or handle an aggregate quantity of Level 2 or Level 3 aerosol products in excess of 500 pounds (227 kg) net weight.

 

105.6.2 Amusement buildings. An operational permit is required to operate a special amusement building.

 

105.6.3 Aviation facilities. An operational permit is required to use a Group H or Group S occupancy for aircraft servicing or repair and aircraft fuel-servicing vehicles. Additional permits required by other sections of this code include, but are not limited to, hot work, hazardous materials and flammable or combustible finishes.

 

105.6.4 Carnivals and fairs. An operational permit is required to conduct a carnival or fair.

 

105.6.5 Battery systems. A permit is required to install stationary lead-acid battery systems having a liquid capacity of more than 50 gallons (189 L).

 

105.6.6 Cellulose nitrate film. An operational permit is required to store, handle or use cellulose nitrate film in a Group A occupancy.

 

105.6.7 Combustible dust-producing operations. An operational permit is required to operate a grain elevator, flour starch mill, feed mill, or a plant pulverizing aluminum, coal, cocoa, magnesium, spices or sugar, or other operations producing combustible dusts as defined in Chapter 2.

 

105.6.8 Combustible fibers. An operational permit is required for the storage and handling of combustible fibers in quantities greater than 100 cubic feet (2.8 m3).

 

Exception: A permit is not required for agricultural storage.

 

105.6.9 Compressed gases. An operational permit is required for the storage, use or handling at normal temperature and pressure (NTP) of compressed gases in excess of the amounts listed in Table 105.6.9.

 

Exception: Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle.

 

TABLE 105.6.9

PERMIT AMOUNTS FOR COMPRESSED GASES

 

TYPE OF GAS AMOUNT

(cubic feet at NTP)*

 

Corrosive 200

Flammable (except cryogenic fluids

and liquefied petroleum gases) 200

Highly toxic Any Amount

Inert and simple asphyxiant 6,000

Oxidizing (including oxygen) 504

Toxic Any Amount

*For SI: 1 cubic foot = 0.02832 m3.

105.6.10 Covered mall buildings. An operational permit is required for:

 

1. The placement of retail fixtures and displays, concession equipment, displays of highly combustible goods and similar items in the mall.

 

2. The display of liquid- or gas-fired equipment in the mall.

 

3. The use of open-flame or flame-producing equipment in the mall.

 

105.6.11 Cryogenic fluids. An operational permit is required to produce, store, transport on site, use, handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.6.11.

 

Exception: Permits are not required for vehicles equipped for and using cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading.

 

TABLE 105.6.11

PERMIT AMOUNTS FOR CRYOGENIC FLUIDS

 

TYPE OF CRYOGENIC FLUID INSIDE OUTSIDE

BUILDING BUILDING

(gallons)* (gallons)*

 

Flammable More than 1 60

Inert 60 500

Oxidizing (includes oxygen) 10 50

Physical or health hazard

not indicated above Any Amount Any Amount

*For SI: 1 gallon = 3.785 L.

 

105.6.12 Cutting and welding. An operational permit is required to conduct cutting or welding operations within the jurisdiction.

 

105.6.13 Dry cleaning plants. An operational permit is required to engage in the business of dry cleaning or to change to a more hazardous cleaning solvent used in existing dry cleaning equipment.

 

105.6.14 Exhibits and trade shows. An operational permit is required to operate exhibits and trade shows.

 

105.6.15 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 within the scope of Chapter 33.

 

105.6.16 Fire hydrants and valves. An operational permit is required to use or operate fire hydrants or valves intended for fire suppression purposes which are installed on water systems and accessible to a fire apparatus access road that is open to or generally used by the public.

 

Exception: A permit is not required for authorized employees of the water company that supplies the system or the fire department to use or operate fire hydrants or valves.

105.6.17 Flammable and combustible liquids. An operational permit is required:

 

1. To use or operate a pipeline for the transportation within facilities of flammable or combustible liquids. This requirement shall not apply to the off-site transportation in pipelines regulated by the Department of Transportation (DOT) nor does it apply to piping systems.

 

2. To store, handle or use Class I liquids in excess of 5 gallons (19 L) in a building or in excess of 10 gallons (37.9 L) outside of a building, except that a permit is not required for the following:

 

2.1. The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant, unless such storage, in the opinion of the code official, would cause an unsafe condition.

 

2.2. The storage or use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes for a period of not more than 30 days.

 

3. To store, handle or use Class II or Class IRA liquids in excess of 25 gallons (95 L) in a building or in excess of 60 gallons (227 L) outside a building, except for fuel oil used in connection with oil-burning equipment.

 

4. To remove Class I or Class II liquids from an under-ground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps normally used for dispensing purposes.

 

5. To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, trans-ported, stored, dispensed or used.

 

6. To install, alter, remove, abandon, place temporarily out of service (for more than 90 days) or otherwise dispose of an underground, protected above-ground or above-ground flammable or combustible liquid tank.

 

7. To change the type of contents stored in a flammable or combustible liquid tank to a material which poses a greater hazard than that for which the tank was de-signed and constructed.

8. To manufacture, process, blend or refine flammable or combustible liquids.

 

105.6.18 Floor finishing. An operational permit is required for floor finishing or surfacing operations exceeding 350 square feet (33 m2) using Class I or Class II liquids.

 

105.6.19 Fruit and crop ripening. An operational permit is required to operate a fruit-, or crop-ripening facility or con-duct a fruit-ripening process using ethylene gas.

 

105.6.20 Fumigation and thermal insecticidal fogging. An operational permit is required to operate a business of fumigation or thermal insecticidal fogging and to maintain a room, vault or chamber in which a toxic or flammable fumigant is used.

 

105.6.21 Hazardous materials. An operational permit is required to store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed in Table 105.6.21.

 

TABLE 105.6.21

PERMIT AMOUNTS FOR HAZARDOUS MATERIALS

 

TYPE OF MATERIAL AMOUNT

 

Combustible liquids See Section 105.6.17

Corrosive materials

Gases See Section 105.6.9

Liquids 55 gallons*

Solids 1000 pounds*

Explosive materials See Section 105.6.15

Flammable materials

Gases See Section 105.6.9

Liquids See Section 105.6.17

Solids 100 pounds

Highly toxic materials

Gases See Section 105.6.9

Liquids Any Amount

Solids Any Amount

Oxidizing materials

Gases See Section 105.6.9

Liquids Class 4 Any Amount

Class 3 1 gallon

Class 2 10 gallons

Class 1 55 gallons

Solids

Class 4 Any Amount

Class 3 10 pounds

Class 2 100 pounds

Class 1 500 pounds

Organic peroxides

Liquids

Class I Any Amount

Class II Any Amount

Class III 1 gallon

Class IV 2 gallons

Class V No Permit Required

Solids

Class I Any Amount

Class II Any Amount

Class III 10 pounds

Class IV 20 pounds

Class V No Permit Required

Pyrophoric materials

Gases See Section 105.6.9

Liquids Any Amount

Solids Any Amount

Toxic materials

Gases See Section 105.6.9

Liquids 10 gallons

Solids 100 pounds

Unstable (reactive) materials

Liquids

Class 4 Any Amount

Class 3 Any Amount

Class 2 5 gallons

Class 1 10 gallons

Solids

Class 4 Any Amount

Class 3 Any Amount

Class 2 50 pounds

Class 1 100 pounds

Water-reactive Materials

Liquids

Class 3 Any Amount

Class 2 5 gallons

Class 1 55 gallons

Solids

Class 3 Any Amount

Class 2 50 pounds

Class 1 500 pounds

*For SI: 1 gallon = 3.785 L, 1 pound = 0.454 kg.

 

105.6.22 HPM facilities. An operational permit is required to store, handle or use hazardous production materials.

 

105.6.23 High-piled storage. An operational permit is required to use a building or portion thereof as a high-piled storage area exceeding 500 square feet (46 m2).

 

105.6.24 Hot work operations. An operational permit is required for hot work including, but not limited to:

 

1. Public exhibitions and demonstrations where hot work is conducted.

 

2. Use of portable hot work equipment inside a structure.

 

Exception: Work that is conducted under a construction permit.

 

3. Fixed-site hot work equipment such as welding booths.

 

4. Hot work conducted within a hazardous fire area.

 

5. Application of roof coverings with the use of an open-flame device.

 

6. When approved, the code official shall issue a permit to carry out a Hot Work Program. This program allows approved personnel to regulate their facility's hot work operations. The approved personnel shall be trained in the fire safety aspects denoted in this chapter and shall be responsible for issuing permits requiring compliance with the requirements found in this chapter. These permits shall be issued only to their employees or hot work operations under their super-vision.

 

105.6.25 Industrial ovens. An operational permit is required for operation of industrial ovens regulated by Chapter 21.

 

105.6.26 Lumber yards and woodworking plants. An operational permit is required for the storage or processing of lumber exceeding 100,000 board feet (8,333 ft3) (236 m3).

 

105.6.27 Liquid- or gas-fueled vehicles or equipment in assembly buildings. An operational permit is required to display, operate or demonstrate liquid- or gas-fueled vehicles or equipment in assembly buildings.

 

105.6.28 LP-gas. An operational permit is required for:

 

1. Storage and use of LP-gas.

 

Exception: A permit is not required for individual containers with a 500-gallon (1893 L) water capacity or less serving occupancies in Group R-3.

 

2. Operation of cargo tankers that transport LP-gas.

 

105.6.29 Magnesium. An operational permit is required to melt, cast, heat treat or grind more than 10 pounds (4.54 kg) of magnesium.

 

105.6.30 Miscellaneous combustible storage. An operational permit is required to store in any building or upon any premises in excess of 2,500 cubic feet (71 m3) gross volume of combustible empty packing cases, boxes, barrels or similar containers, rubber tires, rubber, cork or similar combustible material.

 

105.6.31 Open burning. An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road, or other public or private ground. Instructions and stipulations of the permit shall be adhered to.

 

Exception: Recreational fires.

 

105.6.32 Open flames and candles. An operational permit is required to remove paint with a torch; use a torch or open-flame device in a hazardous fire area; or to use open flames or candles in connection with assembly areas, dining areas of restaurants or drinking establishments.

 

105.6.33 Organic coatings. An operational permit is required for any organic-coating manufacturing operation producing more than 1 gallon (4 L) of an organic coating in one day.

 

105.6.34 Places of assembly. An operational permit is required to operate a place of assembly.

 

105.6.35 Private fire hydrants. An operational permit is required for the removal from service, use or operation of private fire hydrants.

 

Exception: A permit is not required for private industry with trained maintenance personnel, private fire brigade or fire departments to maintain, test and use private hydrants.

 

105.6.36 Pyrotechnic special effects material. An operational permit is required for use and handling of pyrotechnic special effects material.

 

105.6.37 Pyroxylin plastics. An operational permit is required for storage or handling of more than 25 pounds (11 kg) of cellulose nitrate (pyroxylin) plastics and for the assembly or manufacture of articles involving pyroxylin plastics.

 

105.6.38 Refrigeration equipment. An operational permit is required to operate a mechanical refrigeration unit or system regulated by Chapter 6.

 

105.6.39 Repair garages and service stations. An operational permit is required for operation of repair garages and automotive, marine and fleet service stations.

 

105.6.40 Rooftop heliports. An operational permit is required for the operation of a rooftop heliport.

 

105.6.41 Spraying or dipping. An operational permit is required to conduct a spraying or dipping operation utilizing flammable or combustible liquids or the application of combustible powders regulated by Chapter 15.

 

105.6.42 Storage of scrap tires and tire byproducts. An operational permit is required to establish, conduct or maintain storage of scrap tires and tire byproducts that exceeds 2,500 cubic feet (71 m3) of total volume of scrap tires and for indoor storage of tires and tire byproducts.

105.6.43 Temporary membrane structures, tents and canopies. An operational permit is required to operate an air-supported temporary membrane structure or a tent having an area in excess of 200 square feet (19 m2), or a canopy in excess of 400 square feet (37 m2).

 

Exceptions:

 

1. Tents used exclusively for recreational camping purposes.

 

2. Fabric canopies and awnings open on all sides which comply with all of the following:

 

2.1. Individual canopies shall have a maximum size of 700 square feet (65 m2).

 

2.2. The aggregate area of multiple canopies placed side by side without a fire break clearance of 12 feet (3658 mm) shall not exceed 700 square feet (65 m2) total.

 

2.3. A minimum clearance of 12 feet (3658 mm) to structures and other tents shall be provided.

 

105.6.44 Tire-rebuilding plants. An operational permit is required for the operation and maintenance of a tire-rebuilding plant.

 

105.6.45 Waste handling. An operational permit is required for the operation of wrecking yards, junk yards and waste material-handling facilities.

 

105.6.46 Wood products. An operational permit is required to store chips, hogged material, lumber or plywood in excess of 200 cubic feet (6 m3).

 

105.6.47. Fire inspection certificate. An annual fire inspection certificate is required for the operation of multi-family residential dwellings and businesses. A multi-family residential dwelling is a structure with R-2 residential occupancy as defined by this code. The fire inspection certificate shall only be issued to a business as a result of an inspection of the business premises and shall only be issued to a multi-family residential dwelling as a result of an inspection of the common areas of such dwelling including but not limited to hallways and laundry rooms to determine whether any general violations of this code exist and to determine whether a permit inspection will be necessary. An annual fire inspection certificate shall not be issued if violations of this code exist but shall be issued if no such violations exist and a determination has been made as to whether a permit inspection is necessary.

 

__________________________________________________________________

 

Approved as to form and legality:

 

 

__________________________________

Alan L. Holtkamp

Assistant City Attorney