§ 34-20. Amendments to the International Fire Code.

(a)

The following are amendments to the International Fire Code:

Section 101.1 is amended to insert: City of Arkansas City.

Section 105.6.30 is amended to read in its entirety as follows:

No person shall kindle or maintain any bonfire, rubbish or grass fire or authorize any such fire to be kindled or maintained within the city, and open burning of rubbish, paper, tires, leaves or chemicals is prohibited, except that the fire chief or fire marshal for special and unusual occasions may grant permission to kindle or maintain a fire under such safety conditions she/he may prescribe in addition to those conditions provided by 2009 International Fire Code. In addition to permission to conduct open burning by the fire chief or fire marshal, an open burning permit shall be obtained prior to conducting an open burn. The city may maintain an open burn area open to the public, to be regulated by the city for the purpose of disposing tree limbs.

Section 109.3 is amended to insert: Misdemeanor, $100.00, 30 days.

Section 111.4 is amended to insert: $100.00, $500.00.

Section 307.4.3 is amended to read as follows: ^[]

Section 307.4.3 Portable outdoor fireplaces. Portable outdoor fireplaces shall be used in accordance with the manufacturer's instructions and shall not be operated within 15 feet (4,572 mm) of a structure or combustible material. In addition the following requirements shall be met:

1.

Portable outdoor fireplaces shall be placed on a non-combustible surface and shall not be used on balconies or wood decks.

2.

Portable outdoor fireplace use shall be discontinued when there is a ban or moratorium on burning issued by federal, state or local agencies.

3.

Portable outdoor fireplaces shall not be used when the wind speed is in excess of 15 mph.

4.

Portable outdoor fireplaces shall not be used within 500 feet (152,400 mm) of any shake shingle roof, unless provided with spark arrestor with a minimum ½ inch (12.7 mm) metal screen secured by metal wire, located on the vent/chimney.

5.

Only firewood, limbs, leaves, and wood chips may be burned within the portable outdoor fireplace. Products such as paper, plastic and rubbish are not allowed.

6.

The fire department shall order the extinguishment of a fire in a portable outdoor fireplace if it creates a nuisance, or poses a danger to health, safety or welfare.

Section 603.8 is amended to insert: The use of incinerators is prohibited within the city limits.

Section 1407.1 is amended to read in its entirety as follows:

The storage of explosives, blasting agents or detonators is prohibited within the city limits, except as listed in section 3301.1.

Section 3308 is amended to include:

The provisions of article 3308 are in addition to article III of this chapter (34) of this Code which remains in effect.

Article 34, Flammable and Combustible Liquids, is amended to include:

(1)

The storage of Class I and Class II liquids in excess of ten gallons outside of a building, unless in an approved underground storage tank, or in fuel tanks of automobiles, or other self-propelled vehicles, is hereby prohibited within the city, except as specifically authorized by other applicable law.

(2)

There shall be no NEW bulk plants constructed within the city. Existing bulk plants, stores, equipment, buildings, structures and installations for the storage, handling or use of flammable or combustible liquids which are not in strict compliance with the terms of this article may be continued in use, provided they do not constitute distinct hazard to life or adjoining property. Normal replacement and maintenance of existing bulk plants is acceptable.

(3)

It is unlawful for any bulk truck carrying flammable liquids to be parked on any street, avenue, or alley in any residential district of the city as defined in title 18 of part III of this Code; provided, however, that nothing herein contained shall prevent such vehicles hereinabove described from parking temporarily on such streets when necessary for the purpose of loading or unloading merchandise, freight or cargo, or for the purpose of making emergency repairs.

Article 38, Liquefied Petroleum Gases, is amended to include:

There shall be no LPG fuel tanks installed within the city where there is natural gas available, except as authorized by other applicable law.

Deletions. The following sections are deleted in full:

Section 105, Permits;

Section 603.8, Incinerators.

(b)

Appeals. The following shall apply to disputes regarding the International Fire Code. Whenever the fire chief shall disapprove an application or refuse to grant a license or permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the fire chief to the board of city commissioners within 30 days from the date of the decision.

(Prior Code(1), § 10-101; Prior Code(2), § 16.32.020; Ord. No. 1939, § 1, 1975; Ord. No. 3520, § 1, 1991; Ord. No. 3747, § 1, 1997; Ord. No. 4030, § 1, 2004; Ord. No. 2012-06-4302, § 2(16.04.070), 6-6-2012; Ord. No. 2015-06-4386, § 1, 6-16-2015)