3797 Fire Prevention Measures19
ORDINANCE NO. 3797
AN ORDINANCE providing for fire prevention measures; relating to
and regulating the storage and keeping of combustible or in-
flammable materials in the City of Salina;. providing for and
requiring the entrance into and the inspection of dwelling
houses and other buildings and inclosures in said city by the
chief or members of the Fire Department; providing for and
requiring rdmoval from any premises in said city of any com-
bustible, inflammable or explosive matter, or of any accumulation
thereof, so situated as to endanger property or liable to cause
fire; defining certain misdemeanors, providing a penalty there-
for and repealing certain ordinances or parts of ordinances in
conflict with the provisions of this ordinance.
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
Section 1. It shall be the duty of the chief of the fire depart-
ment of the City of Salina to adopt in his discretion, and to enforce,
all prudent measures for the prevention of fires in said city, and all
laws or ordinances relating thereto. It shall be the duty of the chief
of the Fire Department, and of any fireman or member of the fire depart-
ment appointed or designated by him for such purpose, to enter into
and examine all dwelling houses and other buildings and inclosures
of every description in the City of Salina, and they or any of them
are hereby authorized, at any reasonable hour and whenever said cheif
of the fire department or any fireman or member of the fire department
appointed by the chief for such purpose may deem it necessary or proper,
in order to ascertain whether any such dwelling houses or other build-
ings or inclosures are in a dangerous condition to enter the same for
the purpose of making such examination and inspection. For the purpose
of carrying out the provisions of this ordinance, the chief of the fire
department may designate or appoint one or more firemen or members of
such fire department as fire inspectors and it shall be unlawful for
the owner, occupant or any person in charge of any dwelling house or
other building or inclosure in the City of Salina to refuse to permit
the Fire Chief or any Fire Inspector to enter any such premises, or
in anyway to prevent the chief of the fire department or any such fire
inspector from entering any such premises, in the City of Salina, for
the purpose of examining and inspecting the same as herein provided.
Section 2. It shall be unlawful for any person, firm or corporation,
being the owner, occupant or in charge of any dwelling house or build-
ing or inclosure in the City of Salina, to keep or store in, on or about
any such premises any combustible or inflammable materials or substances
in such manner or in such quantit&es or under such conditions as will,
or may in the opinion of the Chief of the Fire Department or of any
such Fire Inspector, be dangerous in causing or producing fires, or
which will, or may in their opinion, increase the fire hazard or be
dangerous to property in the City of Salina in case of fire in, onor
about any such premises, or to keep or store in any such premises any
98
accumulation of rubbish, paper, boxes or any other highly infl&mmable
materials or substances especially liable to cause fire, or which is
so situated as to endanger any property in said city.
Section 3. If, upon the inspection of any dwelling house or
building or other inclosure in the City of Salina, the chief of the
fire department or any such fire inspector shall find that any such
combustible or inflammable materials or substances are kept or stored
in, on or about any such premises in such manner, or in such quantities
or under such conditions as will, or may in their opinion, be dangerous
in causing or producing fires, or which will, or in their opinion may,
Increase the fire hazard on such premises or cause to any property in
the City of Salina in the event of a fire on or about such premises,
or shall find any accumulation of rubbish, paper, boxes or any other
inflammable materials or substances, especially liable to fire, and
which is so situated as to endanger any property in the City of Salina,
such fire chief or fire inspector shall have the power and authority,
and it shall be their duty, to order any such inflammable or combustible
materials or substances removed from such premises, or so cared for
and arranged as to remove the probability of such danger, which orders
or directions may be given either orally or in writing, and any such
person, firm or corporation, being the owner, occupant or in charge
of any such premises, who shall fail, refuse or neglect to comply with
any such orders or directions within a reasonable time thereafter, not
to exceed three days, shall be deemed guilty of a misdemeanor.
Section 4. It shall be unlawful for any person, firm or corporation
being the owner, occupant or in charge of any premises in the City of
Salina, to place or allow, or cause or permit to be placed, allowed or
maintained, on or about any fire escapes, stairs, passageways, doors or
windows, on any such premises, any obstruction liable to interfere with
the operations of the fire department or the egress of occupants in
case of a fire in, on or about such premises.
Section 5. If, upon inspection of any premises in the City of
Salina, as provided for in this ordinance, the fire chief or fire in-
spector shall find any obstructions in, on or about any fire escapes,
passageways, doors or windows in any such premises, liable to interfere
with the operations of the fire department or the egress of occupants
in case of fire, he shall order the same to be removed or remedied,
and such order shall forthwith be complied with by the owner, occupant
or person in charge of such premises or buildings, and any such person,
firm or corporation who shall fail or refuse to comply with any such
orders or directions within a reasonable time thereafter, not to exceed
three days, will be deemed guilty of a misdemeanor.
Section 6. If any order or direction provided for herein to
be given by the Fire Chief or Fire Inspector shall be given in
writing, such order may be served by delivering a true copy of the
same to such owner or occupant or person in charge or by leaving
such copy at his place of residence, or in case no person is found
on the premises by affixing a copy thereof in a conspicuous place
on the door or at or near the entrance to such premises.
Section 7. That the giving of any order or direction to any person
firm or copporation pursuant to any of the provisions of this ordinance
shall not be deemed to be waiver or release of the liability of any
such person, firm or corporation on account of any violation of any
part of this ordinance caused by the existence of any condition which
may be referred to in any such order, and it is the purpose and intent
of this ordinance that any such person, firm or corporation may be
charged with any violation of this ordinance regardless of the giving
of any such orders or directions.
Section 8. It shall be the duty of the Chief of the Fire Depart-
ment to make an inspection and examination as provided for in this
ordinance or to cause an inspection and examination to be made by one
of the fire inspectors as provided for herein, as often as may be or
as he may deem necessary, of all buildings, premises and public
thoroughfares in the City of Salina, for the purpose of ascertaining
and causing to be corrected any condition liable to cause fire,
or violations of any of the provisions or of the intent of this
ordinance or of any other ordinance of the City of Salina relating
to or affecting the fire hazard; provided that all premises within
the fire limits used for business purposes shall be examined not less
than four times a year, and all premises used for bu§iness purposes
outside the fire limits shall be inspected and examined not less
than twice a year.
Section 9 Any person, firm or corporation who shall violate
or cause or permit the violation of any of the provisions of this
ordinance, or who shall refuse to permit, or in any manner prevent,
the chief of the fire department or any fire inspector as provided
for herein from entering any premises in the City of Salina owned
or occupied by or in charge of any such person, firm or corporation,
for the purpose of making an examination and inspection as herein
authorized and provided for, or who shall fail, neglect or refuse
within three days after the giving of any order or direction which
may be provided for herein to comply with such order or direction,
30
shall upon conviction thereof, for each such offense, be fined not
less than $25.00, nor more than $100.00 or be imprisoned not to
exceed thirty days, or may be punished by both such fine and punish-
ment for each such offense, and each day upon which any condition
herein prohibited may be permitted to exist, and each day during
which any such order or direction shall not be complied with accord-
ing to the provisions of this ordinance, shall be deemed to constitute
a separate offense.
Section 10. That Ordinance No. 3625, and Section 9 of
Ordinance No. 1480, being Section 10-101 Revised Ordinances 1925,
be and the same are hereby repealed, but such repeal shall not affect
any prosecution for any violation of any part of any of such ordinances,
commenced before this ordinance takes effect, nor prevent the prosecution
of any violation of any part of any such ordinance, committed before
this ordinance takes effect.
Section 11. If any section, sentence, clause or part of
this ordinance shall be found or adjudged to be unconstitutional
or invalid by any court, such judgment shall not be deemed to affect
any other section, sentence, clause or part hereof, and it is hereby
declared that it is the intention of the Board of Commissioners of the
City of Salina to pass, and to make effective, each and every section,
sentence, clause or part of this ordinance independently of each and
every other section, sentence, clausd or part hereof.
Section 12. This ordinance shall take effect and be in
force from and after its publication in the official city paper.
Introduced, September 30th, 1929
Passed, October 7th, 1929
Guy T. Helvering
Mayor
Attest:
Chas. E. Bs�nke r
City Clerk
STATE OF KANSAS )
) SS
COUNTY OF KANSAS )
I, Chas. E. Banker, City Clerk of the pity of Salina, Kansas,
do hereby certify that the above and foregoing is a tvue and correct
dopy of Ordinance No. 3797 passed and approved by the Board of
Commissioners of the City of Salina October 7th, 1929; and a record
of the vote on its final adoption„_�s foun on page\\D�Journal No. 12
�i:L,,_'_City Clerk
(Published in l'he S ling Journal
O'IDII� 'i'CL T -C . 3797
1�n Ordinance providin- for fire prevention measures; relating to
am N_ ulatinr the storarre and keeping of combustible or inflammable
materials in the City of Salina; providing fior L:nd requiri.n� the
entrance into ,and the ins?)ection of dwellin- houses rnd other
buildings and inclosures in said city- by the chief or members
of the '!'ire Department; _)rovidin,rfor n(a requiring rerlov l from
any ;remises in said citj` of ant.- combustible, infla:imable or ex-
plosive matter, or of -;ny accumulation thereof , so - I tu�lted � s to
endan,-.er property or liable to cause fire; definin certain mis-
demelanors, providin;M , penalty t lerefor r-nd repealin- cert ain ordi-
nances or parts of oa dinances in conflict 1tf_th the ,provisions of
this ordinance.
_D T� OT'p Ir D by the :Do.,,.rd of Commissioners of the it of ^E,lina
Trans as V
CTIOi 1. It shall be the duty of the chief of the fire department of
the cit; of .Salim; to a( opt in his discretion, Lind to enforce, all
prudent measures for the prevention of fires in said cit;, , nd zz.11
lags or ordinances relating th;;reto. It shall be the duty of the
chief of the "Fire Liepartment, rnd. of 1ny fireman or member of the fire
department ;pointed or designated b-, him for such purpose, to enter
into and examine all dwelling houses and other builc.in{-s .nc inclosures
of every descri~)tion in t -he Litt; of lin<<, �:nd they or L:ny of them
are hereby authorized, -.t .ny reasonable hour -Ind whenever said chief
of the fire department or ani, fireman or member of the fire departnient
appointed by the chief for such pur-ose mLiy deem it necessa.rT;! or proper,
in order to i,scertain !,hether ,_.ny such dwelling, house or other build-
in�,,s or inclosures are in a dangerous condition,Afor the purpose of
making such examination and inspection. -or the purrose of carr; ine:' out
the provisions oz' this ordinance, the chief of the fire department may
designate or appoint one or more firemenor members of such fire de-
partment as mire inspectors and it sii,-;ll be unlawful for the o,,=;ner,
occupant or Lny person in charge of anti° dwellinF, house or other building
or enclosure in the Cite of '7 ling to refuse to permit the -Fire Chief or
any Yire Inspector to enter any such premises, or in n� gra,,,- to prevent
the chief of the fire department or P ny such fire insmector from enter-
ing any such premises, in the :pity of Salina, for the purpose of ex-
amininr, and inspectimr- the same as herein provided.
SECTIOT; 2. It shall be unlawful for -any person, firm or cor oration,
beim; the owner, occupant or in charge of any dwelling house or building
or incl.osure in the Cit,,; of Saline., to keep or store in, on or z?bout any
2.
such premises any combustible or inflammable materialsAin such manner
or in such quantities or under such conditions as will, or may in the
opinion of the Chief of the fire Department or of any such Fire In-
spector, be dangerous in causing; or producinFfires, or v,hich will,
o:• may in their opinion, increase the fire hazard or be dangerous to
r�roOerty in the \,ity of -3alina in case of fire in, on or < bout any
such premises, or to ti:eep or store in any such premises a.ny accumu-
lation of rubbish, 7)aper, boxes or :ny other highly influ=:�mable
materials A especially liable to cease fire, or which is so situated as
to endanger any property in said city.
-'CTIUP 3. If, upon the inspection of any dwellin��- hou,�e or building
or other enclosure in the Gity of Galina, the chief of the fire de-
partment or any such fire inspector shall find that any such com-
bustible or inflammable materials>are kept or stored '-n, on or 1.bout
any such premises in such manner, or in such ,uantities or under such
conditions as will, or may in their opinion, be dangerous in causin,-.
or producing fires, or vihich ;i11, or in their opinion may? increase
the Fire hazard on such premises or cause damage to any property in
t ie �;it;y of Salina in the event of fire on or about such premises,
or : ha.11 find any accumulation of rubbish, paper, boxes or an7,� o:: her
inflammable materials especially liable to fire, nd rrhicil is so
situated as to endanger any nro)erty in the Citi: of Salim:, such fire
chief or fire insr}ector shall fu.ve the -)cover and aut_-.orit:, , and it
shall be tleir duty, to order any such inflammable or combustible mater-
ials 1removed from such ,;remises, or so cared for and. arranged vs to
remove the probability of such danger, which orders or directions may
be given either orally or in t: r.itinr, and any ,:uch person, firm or
corporation, bein{ the owner, occupant or in charge of any such premises,
who shall fail, refuse or neglect to comply i�rith E=ny such orders or
directions within a reasonable time thereafter, not to exceed three
days, shall be deemed guilty of a misdemeanor.
3.
SECTIO.;` 4. It shall be unlawful for any person, firm or cor-or-atiori,
beim_ the o,:mcr, occupant or in charFe of , n�:- -c_-'emi.ses in the. 1�1t,,' of
Salin<:., to place or allow, or cause or permit to be placed, 11owed or
maintained, on or c;bout an -y- fire escapes, stairs, passarewa:,s, doors or
in�o�rs, on <_zny such r'er..ises, any obstruction liu :le to interfere ]«ith
t;.e operationcs of tip ire or• the e ;Fess of oeeu- ,nts in
case ou fire in, on or about such premises.
SECTTOTd 5. -7f, upon in,-pection of any ,remises in the City of �,alina,
as provided for in this ordinance, the fir -e chief or lire ins,-ector
shall find any obstructions in, on or about anlr fire esca ies, passage-
wits, doors or ;.indosrs in n} such _lremises, liable to interfere rith
t e o,:,erations of t-ae fire department or tht egress of occur"ants in case
of fire, he siiall order tie ar:!e 'to be removed or re-.edied, nc such
order . iir.ill Fort..,:rith be complied itii b-, tiic OWIler, occu-.-,ant or ,Terson
in ch<_,rEe of such remises or builair."s, an :_.n _.cri ~%er .on, firm or
coryjoration who s1i�,11 to comply.- v;itrl any ,,uch orders or
directions 77i thin r-,- le ti -e tr.e:'eafter, not to exceed. triree r,'_iys,
gill be deemed ,runty of a mi,-de:ie^nor.
n z f t -
1i' n„ o -der or cirection �;rorided or :ierein 1.)e ,,igen b;
the :i'ire i,ief or 10ire _ns;,ector sh .11 be iven in Titin,, , Toch order
„l, ,e served b- deliverin true co-cy o-' t. -.e s ..e to O -r- r,)r or
1_ r i t o
UCCLl � 'n 1. �.L .,1'�Oil 7.1"1 r;:1[:-Z",E: Or D-; ��.V• C:� co'"G ,, fill': 'CJli C
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7.'e:Si enCe, Or" in C.�a ,[
.�C n0 ..,�✓,i'SOii 1;=> _GOn ,:1: 7:.__"'.1SeS ;— Il' a
co -n,, ii?G:':'Of in (': conspicuous )lace On 1G° COOr o"r c.i, or n(.':. l!ic („t --nee
,
to :uc.,_ .- errs ses .
O1 n— Order OT r-_irect' o., t0 -,n- ,�r"30Ti, flr'n
Or cor -,or, -atror J.r'. a ..it t o __.n` OL thcj ''ovis'rOn.s of t' -Ii.; O `c 111'.i11ce .,'i A
not be deer ed tc vee or 11 ::e of t11ti 1_i :bil _t of
i'ir_:i or cornor,--ti.on on account of viol,_, -tion of rt of t i::: orci-
i arlce C_�.U. ,,u (:7' ] .1,- existence kof ,_..n cofic._'•., Or] - Nic l ��- JE reg e2'reQ t0 in
it 1 t,_e; ur ,o: e c i.rit,Tri+; o._` L.ii,. Y'cain nce t, -._,t
n
GG,1, ;o ion m be c:___r, ed i %Ii ,.nv vio_, tion of t'.is
4.
ordin nce rcr;ardless o 1 (,-ivdE- O'1' G -.Ti c" tcI, orderer
3. it, sCi-,xll. be c' all T, G 1 _'c) L:11E f of ttiI -.'Ire De, ;rZment
t0 Ta<<:e :-:n 1ns'-'oction L'.nc. oxc.ml 11;::.tion as iOVlCied tOr l t.1 i. CrC.irl nce
or to c_:.Use ;_tn ins'"ection ,.,n( exanin :tion to 1:e '_r_t de ,7' on.- Of' t,,e fire
1,
:1' '?i 1C_ec f Jl' lE relTi, S Of tC'ri L. r e or }, GE:e
1r,S _ EsC ,L �
necess,ar:, of <x1l 'r.uil(,iII s, cc ern- i>es -__nd sub1ic trorour--hf ares in the
Cit;; Of _jalinc. , ` Or the -)urr)C se Of ascer t:. -iniac -nCi C US1 to be
corrected ,n:r condition li _ )le to cau. e f'irf , or violations of an'. of
t: -ie '-)rov cions or of the iritent of tI _E. Ordinance Or of- c.n,, O tS?'r Ordi-
n,irce of she lit - of _,ulin__ rel<<tin, '. or. affectirl- the f'_ re iazard•
-_d -,-it,_Lill ll �,�emises T.�ithir_ t.F 'ir°e lirni used for ;�tsincss
e
purposes rn.11 be examined not les:,, than four ti -es e,;,r, nd 1-11
r-)rerAses used for business rur-,ores outside the f ire lime �hc.11 be
insi-;ected ,nci exani.ned not lass th<,_n twice u Trear
`CT!011 9. ._,ny person, firm or Corpor _tion 5,';ho sht.11 violate or
cause or r;errnit the viol, -,.tion of any of the y.rovis_ons of this ordi-
nance, or Ilc s1aull refuse to permit, or in �_ny manner �rrevent, the
chief of the fire dere artnie_z � or un,,lire
inspector -rs rovided for
herein fron, entering; any premises in the kl'it?, of lulu o-,,ned#•occupied by
Or In c; tc.r?e Of t,ny such T)f r sOrl,film or cor, Ort t lOTl, for the Y;Ur )O: E
of I1i:'.iS121' arl ex min%ition 2:n( insrection -.s herel.ri tAut'iow'izt�u=_'.ncz -pro-
vided for, or --:Tho shall frail, neglect or refuse i_thir three d s after
the ivinF; of «ny order or direction. 7:rhich mm -L -i be provided for herein
to comply 7T.Titre such order or direction, shall upon conviction thereof,
for each cuc L offense, be fined not lass than °42.5.00, nor r.ore than
;'100.00, or. be im )risoned not to exceed tl_rt, c:::{.s, or T.nt'i- be punished
by bot:cl such fire cInd punishme-t for each such o_"fer se, L;nc_ each day
upon r:.ny, condition .:erein prohiLited m,_A;: be permitted to exist,
anc. euca da.• durinf r rich r n? such order orc ireetion shall not be com-
plied v:ith accordin7 to the provisions of this ordnance, ,hell be
deemed to constitute a separate offense.
S 11 C ___' -7011 10. `hhl{t Orcinunce Ido. 56w5, and .`_.ection 9 of & c.inance IIo.1480,
bei.nr; ection 1C-101:eve: ed r•c, inances 19 ',5, be c nd the *ne `:re hereby
r
5.
repealed, but such repeal shC,11 not affect any prosecution for any
violation of any part of an7lof such orc inances, commenced before
this ordinance ta_:es effect, nor prevent the :)r-osecution of any
violation of any part of any uch ordinance, committed before this
ordinance to:es effect.
-DiCTIOI 11. If any section, sentence, clause or part of this ordi-
nance shi ll be found or adjudged to be unconstitutional h-7 Em ccurt ,
such judmment sh-.11 not be deemed to f 'ect rn?; other ,-ection, sen-
tence, clause or part hereof, arid it is hereby decl _red gnat it is
the :intention of tree _''oard of Commis,,: --'Loners of the Uity of cL�lina
to pass, ..nd to make effective, each and every section, :.;entente,
clause or part of this orcfinance independently of each and ever,. other
section, sentence, clause or rant hereof.
,SEC TI014 1 ;. T-Iiis orcinance shall ta.-KIe effect a.-j.c, be in force from
ar_d E.=.fter its publication in ti.c; official city paper.
-introduced September 30 .h _ -1929
Passed October 7th. 1929
_ttest :
t
City Cl�.