There is hereby adopted by the governing body of the city, for the purpose of prescribing regulations, governing conditions hazardous to life and property from fire or explosion, that certain code and standards known as the Uniform Fire Code, edition of 2003, including all the Appendix chapters, and the Uniform Fire Code Standards, and the National Fire Codes of the National Fire Protection Association (NFPA) 2003 and amendments hereafter, Fire Protection Association (NFPA) 2003 land amendments hereafter, published by the Western Fire Chiefs Association and the International Conference of Building Officials, being particularly the 2003 editions thereof and the whole thereof, save and except such portions as hereinafter deleted, modified or amended by section 7-203 of this article three copies which Code and Standards have been and are now filed in the office of the clerk of the City of Augusta, Kansas, and the same are hereby adopted and incorporated as fully as if set out at length herein, and the provisions thereof shall be controlling within the limits of the city.

(Code 2010)

The code hereby adopted shall be enforced by the director of safety of the safety department.

(Code 1991)

(a)   Wherever the word municipality is used in the code hereby adopted, it shall be held to mean the City of Augusta.

(b)   Article 13, Fireworks, of the Fire Prevention Code is hereby deleted in its entirety.

(c)   Wherever in the Fire Prevention Code the term chief of the fire department appears, it shall, for the purpose of this article, mean the director of public safety of the city.

(d)   Wherever in the fire prevention code the term fire department appears, it shall, for the purpose of this article, mean the public safety department of the city.

(Code 1975, 8-102; Code 1991)

It shall be unlawful for any person to conduct or permit within the city any open burning of any materials wherein contaminates resulting from such combustion are emitted directly into the ambient air provided that such open burning prohibition shall not apply to:

(a)   Open fires for cooking or ceremonial purposes in facilities constructed specifically for such purpose on public or private premises used for recreational purposes, or facilities approved by the Director of Public Safety; provided that any such fire so started shall be extinguished and made safe before the person starting or maintaining the fire shall leave the place where the fire was started. Open pit fires are prohibited unless authorized by the Director of Public Safety;

(b)   The burning of combustible materials in indoor fireplaces;

(c)   The burning of combustible materials in outdoor fireplaces;

(d)   Permanent sites which are licensed by the Kansas Department of Health and Environment for open burning.

(e)   The burning of combustible material for fire training by a public fire department and/or private fire brigade only after notification to the Director of Public Safety;

(f)   An approved closed chamber device as defined in 7-208;

(g)   The removal of hazardous materials, which were accidentally discharged, but only when the Kansas Department of Health and Environment has issued the proper permit and has approved the burning operation.

(Ord. 1901, Sec. 1; Code 2010)

Open burning of combustible materials as may be authorized by issuance of an open burning permit when conditions and restrictions stated thereon as determined by the Director of Public Safety, but only after an inspection of the burn site has been conducted by the Director of Safety or his/her designee. The following provisions shall apply to all outdoor burning, when a permit is issued by the Director of Public Safety:

(a)   The person responsible for the burning shall be at least 18 years of age. An adult, at least 18 years of age, shall supervise the burning from the time of ignition until the fire is extinguished;

(b)   The person(s) conducting such burning shall not be under the influence of any alcohol or narcotics;

(c)   Provisions that are approved by the Director of Public Safety to control the fire shall be present at the burn site while the fire is burning;

(d)   The wind shall not be over 15 miles per hour and the wind shall be in a direction to not carry smoke or other products of combustion over a populated area;

(e)   If complaints are received, the responsible party shall immediately extinguish the fire;

(f)   Other requirements as established by the Director of Public Safety based upon the location of the proposed burn site.

(Ord. 1901, Sec. 1; Code 2010)

Permits to conduct open burning of combustible materials shall be issued only when the person requesting the outdoor burning permit has demonstrated to the Director of Public Safety the reduction or disposal of such material would otherwise be impractical or not feasible and where such open burning would not be in conflict with state regulations. Such permit shall only be issued when the smoke or other by-products of combustion will not travel across or near any populated area of the City of Augusta all outdoor burning fires shall be extinguished before sundown on the day the permit was issued.

(Ord. 1901, Sec. 1; Code 2010)

It shall be prima facie evidence that the person who owns or controls property on which open burning occurs has caused or permitted the open fire.

(Ord. 1901, Sec. 1; Code 2010)

Any enclosed chamber device or structure used for the destruction or volume reduction of garbage, rubbish, or other liquid or solid waste materials by combustion pursuant to disposal or salvaging operations may be used, provided that the Director of Public Safety has approved each device for such use.

(Ord. 1901, Sec. 1; Code 2010)

No person shall deposit hot ashes, hot cinders, smoldering coal or oily substances liable to spontaneous ignition into any combustible receptacle; or place the same within 10 feet of any combustible material, except in metal or other non-combustible, covered receptacles. Such receptacles, unless resting upon a combustible floor or on the ground outside the building, shall be placed on non-combustible stands and in every case shall be kept at least two feet away from any combustible wall, partition, or exterior window opening.

(Ord. 1901, Sec. 1; Code 2010)

Permits to conduct open burning of combustible materials shall be issued by the Director of Public Safety and shall be issued only for the date that the burning is to be conducted. Each permit shall state all conditions and restrictions, which may be placed by the Director of Safety. No permit shall be issued for open burning prior to the date such burning is authorized. Prior to any burn permit being issued, the Augusta Department of Public Safety shall inspect the proposed burn site. Each permit shall contain the following information:

(a)   Location;

(b)   Name of individual who is authorized;

(c)   Date that the burning is authorized;

(d)   Time period that the burning is authorized;

(e)   Special restrictions and conditions, which may apply;

(f)   Name of official who issues permits.

(Ord. 1901, Sec. 1; Code 2010)

The Director of Public Safety shall have the right at any time with just cause, to revoke any burn permits when conditions change which made such burning unsafe.

(Ord. 1901, Sec. 1; Code 2010)

Any person who shall be convicted of violation of Sections 7-204 through 7-211 shall be punished by a fine of not more than $1,000.00 and/or a sentence of not more than 30 days.

(Ord. 1901, Sec. 1; Code 2010)