ORDINANCE NO. 8802

 

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER VIII, ARTICLE 2 OF THE CODE OF THE CITY OF LAWRENCE, 2011 EDITION, AND AMENDMENTS THERETO, AND ADOPTING AND INCORPORATING BY REFERENCE THE 2012  INTERNATIONAL FIRE CODE, REGULATING FIRE PREVENTION AND PROTECTION WITHIN THE CITY OF LAWRENCE, KANSAS.

 

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

 

SECTION 1. Chapter 8, Article 2, Section 8-201 of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, is hereby amended to read as follows:

 

8‑201               ADOPTION OF INTERNATIONAL FIRE CODE.

The City of Lawrence, Kansas, hereby adopts and incorporates by reference the 2009 edition of the International Fire Code and all appendices thereto, published by the International Code Council. The entire Code is adopted as if it were fully set forth in this ordinance except for those portions that are hereinafter deleted, modified or amended.  The purpose of the Code is to prescribe regulations governing conditions hazardous to life and property from fire or explosion.  Not less than one (1) copy of the International Fire Code incorporated pursuant to this section shall be marked or stamped "official copy as incorporated by Ordinance No. 8572," with all sections or portions thereof intended to be omitted clearly marked to show any such omission, and to which shall be attached a copy of the incorporating ordinance, and filed with the City Clerk to be open to inspection and available to the public at all reasonable business hours.  (Ord. 8055, Ord. 8572)

 

8-201               INTERNATIONAL FIRE CODE ADOPTED AND INCORPORATED; OFFICIAL COPY.

 

(a)        The 2012 International Fire Code, published by the International Code Council, Inc., other than those portions hereinafter specifically deleted, modified, or amended, is hereby adopted as the City's Fire Code and is incorporated herein by reference as if set forth in full.

 

(b)        Not less than one (1) copy of the 2012 International Fire Code shall be marked or stamped "OFFICIAL COPY AS INCORPORATED BY ORDINANCE No. 8802," with all sections or portions deleted, modified, or amended clearly marked as such, and to which one (1) copy of this ordinance shall be affixed, shall be filed with the City Clerk, shall be open to inspection, and shall be available to the public during reasonable business hours. Additional official copies shall, at the cost of the City, be supplied to those officials and agencies charged with enforcement of the City's Fire Code.

 

SECTION 2. Chapter 8, Article 2, Section 8-203 of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, is hereby amended to read as follows:

 

8‑203               ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN STATIONARY OUTSIDE ABOVEGROUND TANKS AND PORTABLE TANKS IS PROHIBITED.

The storage of flammable or combustible liquids, as those terms are defined in Section 3402 5702 of the International Fire Code 2012 International Fire Code, in stationary outside aboveground tanks and portable tanks is prohibited except for: (Ord. 8055, Ord. 8572)

 

(A)(a)   Uses lawfully existing prior to the effective date of this ordinance; or

 

(B)(b)   Subsequent storage of Class I, II or III flammable or combustible liquids in above ground vaults in compliance with the requirements of the International Fire Code 2012 International Fire Code, specifically Section 2206 2306 and Section 3404.2.8 5704.2.8 Vaults. Such storage must be approved by the Fire Chief to be legally valid and shall be additionally restricted as follows:

 

(1)        The maximum volume of product is limited to 12,000 gallons.

 

(2)        The storage vessel must be U.L. approved for its intended use.

 

(3)        Installation is only allowed in Industrial districts as defined by Chapter 20 of the Code of the City of Lawrence,  and amendments thereto, and must be located a minimum of 100 feet from all adjacent property lines.

 

Exception: Installation is allowed in other zoning districts on fully developed tracts under single ownership which exceed 35 acres in total area and provide an installation site located a minimum of 100 feet from all adjacent property lines.

 

(4)        The stationary outside aboveground tanks and portable tanks must be installed and maintained in a manner that meets all applicable legal requirements for screening and landscape.

 

SECTION 3. Chapter 8, Article 2, Section 8-205 of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, is hereby amended to read as follows:

 

8‑205               AMENDMENTS MADE TO THE INTERNATIONAL FIRE CODE.

The International Fire Code, incorporated by reference in Section 8-201, and amendments thereto, is amended as follows.  The amendment of any section shall not serve to amend or repeal any other discretely numbered provision of the code, whether or not such provision is considered a section or subsection. (Ord. 8055, Ord. 8572)

 

8-205               AMENDMENTS TO THE 2012 INTERNATIONAL FIRE CODE.

The 2012 International Fire Code is amended as set forth in the succeeding sections of this Article. These amendments shall not serve to delete, modify, or amend any discretely numbered section or subsection of the 2012 International Fire Code, unless the section or subsection is specifically identified as being deleted, modified, or amended.               

8-205.1            Section 102.4 of the International Fire Code is amended to read as follows: (Ord. 8055, Ord. 8572)

 

8-205.1            Section 102.4 of the 2012 International Fire Code is hereby amended to read as follows:

 

Section 102.4 Application of building code. The design and construction of new structures shall comply with the 2012 International Building Code. Repairs, alterations and additions to existing structures shall comply with applicable sections of this code and the 2012 International Existing Building Code.

 

8-205.2            Section 102.5 of the International Fire Code is amended to read as follows: (Ord. 8055, Ord. 8572)

 

8-205.2            Section 102.6 of the 2012 International Fire Code is hereby amended to read as follows:

 

Section 102.5  102.6 Historic buildings. The construction, alteration, repair, enlargement, restoration, relocation, or movement of existing buildings or structures that are designated as historic buildings, when such buildings or structures do not constitute a distinct hazard to life or property shall be in accordance with the provisions of the 2012 International Existing Building Code.

 

8-205.3            Section 102.7 of the International Fire Code is hereby amended to read as follows: (Ord. 8055, Ord. 8572)

 

8-205.3            Section 102.7 of the 2012 International Fire Code is hereby amended to read as follows:

 

Section 102.7  Referenced Codes and Standards.  The codes and standards referenced in this code shall be those that are listed in Chapter 47 80 and such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between the provisions of this code and the referenced standards, the provisions of this code shall apply.

 

8-205.4            Section 105.1.1 of the International Fire Code is amended to read as follows: (Ord. 8055, Ord. 8572)

 

8-205.4            Section 105.1.1 of the 2012 International Fire Code is hereby amended to read as follows:

 

Section 105.1.1  Permits Required.  The fire code official is authorized to issue operational and construction permits as provided for in this code. Permit fees, if any, shall be paid prior to issuance of the permit. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the fire code official.

 

8-205.5            Section 105.6.30 of the International Fire Code shall be amended to read as follows: (Ord. 8055, Ord. 8572)

 

8-205.5            Section 105.6.30 of the 2012 International Fire Code is hereby amended to read as follows:

 

105.6.30 105.6.30 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.

 

8-205.6            Section 108.3 of the International Fire Code is amended to read as follows: (Ord. 8055, Ord. 8572)

 

8-205.6            Section 108.3 of the 2012 International Fire Code is hereby amended to read as follows:

 

Section 108.3  Qualifications. The Board of Appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to hazards of fire, explosions, hazardous conditions or fire protection systems.

 

8-205.7            Section 109.2.2 of the International Fire Code is amended to read as follows: (Ord. 8055, Ord. 8572)

 

8-205.7            Section 109.2.3 of the 2012 International Fire Code is hereby amended to read as follows:

 

Section 109.2.2 109.3.2 Compliance with orders and notices.  A notice of violation issued or served as provided by this code shall be complied with by the owner, operator, occupant or other person responsible for the condition or violation to which the notice of violation pertains.

 

EXCEPTION: When a written agreement exists between the owner and occupant that the occupant shall be solely responsible for a hazardous condition and that hazardous condition was created by the occupant, the owner shall not be responsible for that hazardous condition. 

 

8-205.8            Section 109.2.3 of the International Fire Code is amended to read as follows: (Ord. 8055, Ord. 8572)

 

8-205.8            Section 109.3.3 of the 2012 International Fire Code is hereby amended to read as follows:

 

Section 109.2.3 109.3.3 Prosecution of violations. The fire code official is authorized, pursuant to the authority granted by Charter Ordinance 31 of the City of Lawrence, to serve a Notice to Appear in the City of Lawrence Municipal Court for a violation of this code.  Notices to Appear may be issued only by those fire & medical personnel who are designated by the fire chief.  The fire code official may also request that the legal counsel of the jurisdiction institute the appropriate legal proceedings at law or in equity to restrain, correct or abate such violation or to require removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant hereto.

 

8-205.9            Section 109.3 of the International Fire Code is amended to read as follows: (Ord. 8055, Ord. 8572)

 

8-205.9            Section 109.4 of the 2012 International Fire Code is hereby amended to read as follows:

 

Section 109.3  109.4 Violation Penalties.  Any person who violates a provision of this code or fails to comply with any of its requirements or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The violation(s) shall be punished as follows:

 

                        (a)        For any violation of Sections 107.6 107.5 or 1028.2 of this code, upon a first offense such person shall be fined in an amount not less than $500 or nor more than $2500, or sentenced to a jail term not to exceed 180 days, or both such fine and jail term. Upon a second or subsequent violation within one year from the date of the previous conviction, the person shall be fined in an amount not less than $1000 or nor more than $2500, or sentenced to a jail term not to exceed 180 days, or both such fine and jail term.

 

                        (b)        For a violation of any other section of this code, the person shall be punished by a fine not to exceed $200. Upon a second or subsequent violation of this code within one year from the date of the previous conviction, the person shall be punished by a fine not to exceed $500, or a jail term not to exceed 180 days, or both such fine and jail term.

 

8-205.10          The definition of “R-2” contained in Section 202 of the International Fire Code is amended to read as follows: (Ord. 8055, Ord. 8572)

 

R-2. Residential occupancies containing more than two dwelling units or four or more unrelated persons where the occupants are primarily permanent in nature, including:

 

                                    Apartment houses

                                    Boarding houses (not transient)

                                    Convents

                                    Dormitories

                                    Fraternities and sororities

                                    Hotels (non transient)

                                    Live/work units

                                    Monasteries

                                    Motels (non transient)

                                    Vacation Timeshare properties

                                    Congregate living facilities

 

 

 

8-205.10          Section 202, DEFINITIONS, "Institutional Group I-1" of the 2012 International Fire Code is hereby amended to read as follows:

 

                        Institutional Group I-1. This occupancy shall include builidings, structures or parts thereof for more than 16 persons who reside on a 24-hour basis in a supervised environment and receive custodial care. The persons receiving care are capable of self-preservation. This group shall include, but not be limited to, the following:

 

                                    Alcohol and drug centers

 

                                    Assisted living facilities

 

                                    Congregate care facilities

 

                                    Convalescent facilities

 

                                    Group homes

 

                                    Half-way houses

 

                                    Residential board and custodial care facilities

 

                                    Social rehabilitation facilities

 

                        Five or fewer persons receiving care. A facility such as the above with five or fewer persons receiving such care shall be classified as Group R-3 or shall comply with the 2012 International Residential Code provided an automatic sprinkler is installed in accordance with NFPA 13R.

 

                        Six to sixteen persons receiving care. A facility  such as above, housing at least six and not more than sixteen persons receiving such care, shall be classified as R-4.

 

8-205.11          The definition of “R-3” contained in Section 202 of the International Fire Code is amended to read as follows: (Ord. 8055, Ord. 8572)

 

R-3. Residential occupancies where the occupants are primarily permanent in nature and not classified as R-1, R-2, R-4 or I, including:

Buildings that do not contain more than two dwelling units;

Adult care facilities that provide accommodations for five or fewer persons of any age for less than 24 hours;

Child care facilities that provide accommodations for five or fewer persons of any age for less than 24 hours;

 

Adult and child care facilities that are within a single-family home are permitted to comply with the International Residential Code in lieu of compliance with the provisions of this code.

 

 

8-205.11          Section 202, DEFINITIONS, "Institutional Group I-2" of the 2012 International Fire Code is hereby amended to read as follows:

 

                        Institutional Group I-2. This occupancy shall include buildings and structures used for medical care on a 24-hour basis for more than 5 persons who are not capable of self-preservation. This group shall include, but not be limited to, the following:

 

                                    Foster care facilities

 

                                    Detoxification facilities

 

                                    Hospitals

 

                                    Nursing Homes

 

                                    Psychiatric hospitals

 

                        Five or fewer persons receiving care. A facility such as the above with five or fewer persons receiving such care shall be classified as Group R-3 or shall comply with the 2012 International Residential Code provided an automatic sprinkler is installed in accordance with NFPA 13R.

 

8-205.12          Reserved.  (Ord. 8572)

 

8-205.12          Section 202, DEFINITIONS, "Residential Group R-3," of the 2012 International Fire Code is hereby amended to read as follows:

 

Residential Group R-3. Residential occupancies where the occupants are primarily permanent in nature and not classified as Group R-1, R-2, R-4, or I, or do not meet the definition of “Family” as that term is defined at Chapter 20, Article 17, Section 1703 of the Code of the City of Lawrence, and amendments thereto:

 

Boarding houses (non-transient) with 16 or fewer occupants

 

Boarding houses (transient) with 10 or fewer occupants

 

Buildings that do not contain more than two dwelling units

 

Care facilities that provide accommodations for five or fewer persons receiving care

 

Congregate living facilities (non-transient) with 16 or fewer occupants

 

Congregate living facilities (transient) with 10 or fewer occupants

 

Care facilities within a dwelling. Care facilities for five or fewer persons receiving care that are within a single-family dwelling are permitted to comply with the 2012 International Residential Code provided an automatic sprinkler system is installed in accordance with NFPA 13R.

8-205.13          Section 307.2 of the International Fire Code shall be amended to read as follows: (Ord. 8055, Ord. 8572)

 

8-205.13          Section 307.2 of the 2012 International Fire Code is hereby amended to read as follows:

 

 

Section 307.2 Permit Required.  A permit shall be obtained from the fire code official or his or her designee, in accordance with Section 105.6.  All open burning for the purpose of land clearing or when otherwise required by the fire code official to protect the health or safety of the public shall be conducted utilizing an air curtain destructor or similar device to reduce the level of combustion products released to the atmosphere.

 

8-205.14          Section 307.4.4 of the International Fire Code is enacted to read as follows: (Ord. 8055, Ord. 8572)

 

8-205.14          The 2012 International Fire Code is hereby amended by adding Section 307.4.4, which reads as follows:

 

Section 307.4.4 Air Curtain Destructor. The air curtain destructor, where required by this code, must be located a minimum of 500 feet from any structure.

 

8-205.15          Section 307.6 of the International Fire Code is enacted to read as follows: (Ord. 8055, Ord. 8572)

 

8-205.15          The 2012 International Fire Code is hereby amended by adding Section 307.6, which reads as follows:

 

Section 307.6  Notification. All applicants for permits for open burning, for the purpose of land clearing operations, shall be required to notify the occupants of all occupied structures within 1500 feet of the burn site of the intent to burn before a permit will be issued.

 

8-205.16          Section 310.2 of the International Fire Code is amended to read as follows: (Ord. 8055, Ord. 8572)

 

8-205.16          Section 310.2 of the 2012 International Fire Code is hereby amended to read as follows:

 

310.2 Prohibited Areas.  Smoking is regulated in at Chapter 9, Article 8 of the Code of the City of Lawrence, KS and amendments thereto.

 

8-205.17          Section 403.1 of the International Fire Code shall be amended to read as follows: (Ord. 8055, Ord. 8572)

 

8-205.17          Section 403.1 of the 2012 International Fire Code is hereby amended to read as follows:

 

 

403.1 Fire Watch Personnel/Medical Standby Personnel. When, in the opinion of the fire official, it is essential for public safety in a place of assembly or any other place where people congregate, because of the number of persons, or the nature of the performance, exhibition, display, contest, or activity, the owner, agent, or lessee shall employ one or more experienced firefighters, as required and approved, to remain on duty during the times such places are open to the public, or when such activity is being conducted.

 

8-205.17.1       Section 403.1.1 of the International Fire Code shall be amended to read as follows: (Ord. 8572)

 

8-205.18          Section 403.1.1 of the 2012 International Fire Code is hereby amended to read as follows:

 

                        403.1.1 Duties. Fire watch personnel shall keep diligent watch for fires, obstructions to means of egress and other hazards during the time such place is open to the public or such activity is being conducted and take prompt measure for remediation of hazards, extinguishment of fires that occur and assist in the evacuation of the public from the structures. Medical Standby personnel shall be assigned on site to respond to and treat medical emergencies per Department Protocol.

 

8-205.18          Section 503.6 of the International Fire Code shall be amended to read as follows: (Ord. 8055, Ord. 8572)

 

8-205.19          Section 503.6 of the 2012 International Fire Code is hereby amended to read as follows:

 

503.6 Security Gates. The installation of security gates across a fire apparatus access road shall be approved by the fire code official.  Where security gates are installed, an approved means of emergency operation in the form of a Priority Traffic Signal Control System (commonly referred to as Opticom) shall be provided and both the gates and approved means shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200.

 

8‑205.19          Section 605.5 is amended to read as follows: (Ord. 8055, Ord. 8572)

 

8-205.20          Section 605.5 of the 2012 International Fire Code is hereby amended to read as follows:

 

Section 605.5  Extension cords.  Extension cords and flexible cords shall not be a substitute for permanent wiring. The use of extension cords inside structures is prohibited except for those structures that would be subject to the 2012 International Residential Code. Power Taps must be provided for portable appliances where the appliance cord is of insufficient length to connect to a receptacle. Power tap installations must comply with Sections 605.4.1 through 605.4.3.

 

8‑205.20          Section 901.6.1.1 of the International Fire Code is enacted to read as follows: (Ord. 8055, Ord. 8572)

 

8-205.21          The 2012 International Fire Code is hereby amended by adding Section 901.6.1.1, which reads as follows:

 

 

Section 901.6.1.1 Sprinkler Systems. Sprinkler systems shall be inspected at least once every 12 months and shall be serviced after every system activation. Inspection shall be by qualified individuals approved by the fire code official. Upon completion, and a certificate certificates of inspection shall be forwarded to the fire code official and shall be displayed at the main sprinkler valve.

 

8-205.21          Section 901.6.1.2 of the International Fire Code is enacted to read as follows: (Ord. 8055, Ord. 8572)

 

Section 901.6.1.2  Fire Alarm Systems.  Upon installation and every 12 months thereafter, an alarm system maintenance test shall be required to be performed on all systems required by NFPA 72. This test shall insure that all functions of the alarm and detection system are operational and maintenance test documentation shall be forwarded to the fire code official and displayed at the alarm panel location. The tests shall be performed by an approved fire alarm system installer, manufacturer or other individual upon approval by the authority having jurisdiction after providing proof of adequate training and/or experience in alarm system maintenance.

 

8-205.22          The 2012 International Fire Code is hereby amended by adding Section 901.6.1.2, which reads as follows:

 

Section 901.6.1.2 Fire Alarm Systems. Upon installation and every 12 months thereafter, an alarm system maintenance test shall be required to be performed on all systems required by NFPA 72. This test shall insure that all functions of the alarm and detection system are operational. The tests shall be performed by an approved fire alarm system installer, manufacturer, or other individual upon approval by the authority having jurisdiction after providing proof of adequate training and/or experience in alarm system maintenance. Upon completion, maintenance test documentation shall be forwarded to the fire code official and shall be displayed at the alarm panel location.

 

8-205.23          Section 903.2.7 of the 2012 International Fire Code is hereby amended to read as follows:

 

903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists:

 

            1.         A Group M fire area exceeds 12,000 square feet (1115 m2).

 

2.         A Group M fire area is located more than three stories above grade plane.

 

3.         The combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2230 m2).

 

4.         A Group M occupancy used for the display and sale of upholstered furniture or mattresses exceeds 5,000 square feet (464 m2).

 

4.         A Group M occupancy used for the display and sale of upholstered furniture or mattresses exceeding 2,500 square feet (232 m2).

 

8-205.24          Section 903.2.8.1 of the 2012 International Fire Code is hereby amended to read as follows:

 

                        903.2.8.1 Group R-3 or R-4 congregate residences. An automatic sprinkler system installed in accordance with Section 903.3.1.2 shall be required in Group R-3 or R-4 congregate living facilities with 16 or fewer residents.

 

8-205.25          Section 903.2.8.2 of the 2012 International Fire Code is hereby amended to read as follows:

 

903.2.8.2 Care facilities. An automatic sprinkler system installed in accordance with Section 903.3.1.2 shall be required in care facilities with 5 or fewer individuals in a single family dwelling.

 

8-205.26          Section 903.3.1.1 of the 2012 International Fire Code is hereby amended to read as follows:

 

                        903.3.1.1 NFPA 13D sprinkler systems. Automatic sprinkler systems installed in one and two-family dwellings shall be permitted to be installed throughout in accordance with NFPA 13D.

 

8-205.22          Section 903.6.3 of the International Fire Code shall be enacted to read as follows: (Ord. 8055, Ord. 8572)

 

8-205.27          The 2012 International Fire Code is hereby amended by adding Section 1103.5.3, which reads as follows:

 

1103.5.3 Existing Group R2 Occupancies. Existing Group R2 Occupancies defined as Congregate Residences of 16 or more occupants shall be equipped with an approved fire sprinkler system installed throughout the structure in accordance with NFPA 13R. Quick response sprinkler heads shall be required in all living areas and exit corridors. Basement areas shall be sprinkler as light hazard.

 

8-205.23          Table 1004.1.1 contained within the International Fire Code shall be amended to read as follows: (Ord. 8055, Ord. 8572)

 

8-205.28          Table 1004.1.2, "Maximum Floor Area Allowances Per Occupant," of the 2012 International Fire Code is hereby amended to read as follows:

 

TABLE 1004.1.1 1004.1.2

MAXIMUM FLOOR AREA ALLOWANCES PER OCCUPANT

                       

FUNCTION OF SPACE

FLOOR AREA IN SQ.

FT. PER OCCUPANT

Agricultural building

300 gross

Aircraft hangars

500 gross

Airport Terminal

   Baggage Claim

   Baggage handling

   Concourse

   Waiting areas

 

 20 gross

300 gross

100 gross

15 gross

Assembly

   Gaming floors (keno, slots, etc.)

 

11 gross

Assembly with fixed seats

See Section 1004.7

Assembly without fixed seats

   Concentrated (chairs only-not fixed)

   Standing Space

   Unconcentrated (tables and chairs)

 

7 net

5 net

15 net

Bowling centers, allow 5 persons for each

lane including 15 feet of runway, and for

additional areas

 

 

7 net

Business areas

100 gross

Courtrooms-other than fixed seating areas

40 net

Day care

35 net

Dormitories

   Sleeping Dormitories

50 gross

25 gross

Educational

   Classroom area

   Shops and other vocational room areas

 

20 net

50 net

Exercise rooms

50 gross

H-5 Fabrication and manufacturing areas

200 gross

Industrial areas

100 gross

Institutional

   Inpatient treatment areas

   Outpatient areas

   Sleeping areas

 

240 gross

100 gross

120 gross

Kitchens, commercial

200 gross

Library

   Reading rooms

   Stack area

 

50 net

100 gross

Locker rooms

50 gross

Mercantile

   Areas on other floors

   Basement and grade floor areas

   Storage, stock, sipping areas

 

60 gross

30 gross

300 gross

Parking garages

200 gross

Residential

200 gross

Skating rinks, swimming pools

   Rink and pool

   Decks

 

50 gross

15 gross

Stages and platforms

15 net

Accessory storage areas, mechanical

   Equipment room

 

300 gross

Warehouses

500 gross

 

8-205.24          Section 4604.11 of the International Fire Code shall be amended to read as follows: (Ord. 8572)

 

8-205.29          Section 1104.10 of the 2012 International Fire Code is hereby amended to read as follows:

 

Section 4604.11 1104.10 Stair Dimensions for Existing Stairs. Existing stairs in buildings shall be permitted to remain if the rise does not exceed 8.25 inches (210 mm) and the run is not less than 9 inches (229 mm). Existing stairs can be rebuilt.

 

Exception: Other fire escape stairs may be approved if the pitch does not exceed 60 degrees, the width is not less than 18 inches, the treads are not less than 4 inches wide and they extend to the ground or are provided with counterbalanced stairs reaching to the ground. Access shall be by an opening having a minimum dimension of 29 inches when open. The sill shall be not more than 30 inches above the floor and landing. Fire escapes shall be of noncombustible construction or of wood of not less than two inch nominal thickness.

 

8-205.25          Section 4604.17.1 of the International Fire Code shall be amended as follows: (Ord. 8572)

 

8-205.30          Section 1104.16.1 of the 2012 International Fire Code is hereby amended to read as follows:

 

Section 4604.17.1  1104.16.1 Existing Means of Egress.

 

(a)        Fire escape stairs shall be permitted in existing buildings, but shall not constitute more than 50 percent of the required exit capacity.

 

(b)        Existing approved and maintained ladder devices serving an occupant load of nine people or less in residential occupancies of three stories or less shall be allowed to remain.

 

8-205.26        Section  3301.1.3 of the International Fire Code is amended to read as follows: (Ord. 8572)

 

8-205.31        Section 5601.1.3 of the 2012 International Fire Code is hereby amended to read as follows:

 

Section 3301.1.3 5601.1.3  Fireworks.  The manufacture, storage, sale, use and handling of fireworks is are prohibited.

 

 

 

                        Exceptions:

 

                        1.         The storage of fireworks is allowed as set forth in Section 3304.

 

2.         The use of fireworks for display is allowed as set forth in Section 3308 for supervised public displays by a jurisdiction, fair association, amusement park, and other organization or for the use of fireworks by artisans in pursuit of their trade.

 

3.         Nothing in this section shall be construed as applying to “Novelties” not classified as fireworks by the United States Department of Transportation. Novelties shall include Party Poppers, containing less than .25 grains of explosive composition, Snappers containing less the .02 grains of explosive composition, Toy Smoke Devices not classified as 1.4G, Snakes with no more than .07 oz. of pyrotechnic material and Toy Caps containing not more than .25 grains of explosive composition per cap.

 

8-205.27          Sections 3307 through 3307.15, inclusive, of the International Fire Code, are hereby deleted.  (Ord. 8527)

 

8-205.32          Sections 5607.1 through 5607.15, inclusive, of the 2012 International Fire Code are hereby deleted.

 

8‑205.28          The referenced standard ICC in Chapter 47 of the International Fire Code shall be amended by inclusion of the following addition: (Ord. 8527)

 

                        IEBC-09 International Existing Building Code 102.4,102.5

 

8-205.33          Chapter 80, REFERENCED STANDARDS, "ICC," of the 2012 International Fire   Code is hereby amended to include the following:

 

                        IEBC-09 International Existing Building Code 102.4, 102.5

 

SECTION 4. Chapter 8, Article 2, Section 8-206 of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, is hereby amended to read as follows:

 

8‑206               The appendixes of the International Fire Code are hereby amended as follows.  The amendment of any section shall not serve to amend or repeal any other discretely numbered provision of the code, whether or not such provision is considered a section or subsection. (Ord. 8055, Ord. 8572)

 

8-206               AMENDMENTS TO THE APPENDICES TO THE 2012 INTERNATIONAL FIRE CODE, APPENDICES.

                         The Appendices to the 2012 International Fire Code are amended as set forth in the succeeding sections of this Article. These amendments shall not serve to delete, modify, or amend any discretely numbered section or subsection of the Appendices to the 2012 International Fire Code, unless the section or subsection is specifically identified as being deleted, modified, or amended.

 

8-206.1            Appendix D, Section D103.2 of the International Fire Code is amended to read as follows: (Ord. 8055, Ord. 8572)

 

8-206.1            Appendix D, Section D103.2 of the 2012 International Fire Code is hereby amended to read as follows:

 

Section D103.2 Grade.  Fire apparatus access roads shall not exceed an eight (8) percent grade increase or decrease in any 24 lineal feet of roadway.

 

8-206.2            Appendix D, Section D105.1 of the International Fire Code is amended to read as follows: (Ord. 8055, Ord. 8572)

 

8-206.2            Appendix D, Section D103.5 of the 2012 International Fire Code is hereby amended to read as follows:

 

                        D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria:

 

                                    1.         The minimum gate width shall be 12 feet (6096 mm).

 

                                    2.         Gates shall be of the swinging or sliding type.

 

                                                3.         Construction of gates shall be of materials that allow manual operation by one person.

 

                                    4.         Gate components shall be maintained in an operative condition at all times and replaced or repaired when defective.

 

      5.         Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official.

 

      6.         Locking device specifications shall be submitted to the fire code official and such devices must be approved by the fire code official prior to their use.

 

7.         Electric gate operators, where provided, shall be listed in accordance with UL 325.

 

            8.         Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200.

 

8-206.3            Appendix D, Section D103.5 of the International Fire Code is amended to read as follows: (Ord. 8055, Ord. 8572)

 

8-206.3            Appendix D, Section D105.1 of the 2012 International Fire Code is hereby amended to read as follows:

 

 

Section D105.1 Where Required. Buildings or portions of buildings or facilities exceeding 30 feet (9144mm) in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus within 75 feet of all portions of the exterior walls of the first story of the facility. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway.

 

8‑207               Appendix H of the International Fire Code is hereby enacted to read as follows: (Ord. 8055, Ord. 8572)

 

8-206.4            The 2012 International Fire Code is hereby amended by adding Appendix K, which reads as follows:            T

 

                        APPENDIX H APPENDIX K

 

                        DOWNTOWN MIXED OCCUPANCIES

 

Section H101  K101 Purpose: To provide a reasonable degree of safety for all residential occupancies in a structure with mixed occupancy as defined by the 2012 International Building Code.

 

                        Section H102 K202 Scope. This appendix shall apply to all existing Group R occupancies with less than four stories and less than 16 apartments which occupy an area in a structure that has a mixed occupancy classification as defined by the 2012 International Building Code, and that are located within the City of Lawrence, Kansas, on the 600 through 1100 hundred blocks, inclusive, of on Vermont, Massachusetts or and New Hampshire streets Streets, on the 600 through 1100 hundred blocks, inclusive, except for excluding single family and duplex structures.

 

Section H103  K103 Fire Alarm System.  An approved supervised fire alarm system shall be installed in all exit corridors in the Group R occupancies and in all areas of the other occupancies so as to sound an audible alarm in all areas of the structure.

 

Single station detectors of either battery or 110 v. wired type shall be provided in each unit of the Group R occupancies.

 

Section H104  K104 Fire Extinguishers.  A minimum of a one 1A:10B:C: portable fire extinguisher shall be provided in each unit of the Group R occupancy.

 

Section H105 K105 Exits.  Two separate exits shall be required from all levels above the first story.

 

Exception: Second stories and basements may have only one exit, so long as the occupant load does not exceed nine.

 

 

 

8-208               Appendix I of the International Fire Code is hereby enacted to read as follows: (Ord. 8055, Ord. 8572)

 

8-206.5            The 2012 International Fire Code is hereby amended by adding Appendix L, which reads as follows:

 

APPENDIX I APPENDIX L

 

RESIDENTIAL DAY-CARE FACILITIES

 

                        Section I101  L101 Purpose. The purpose of this Appendix is to provide a reasonable degree of safety to children and providers attending residential day-care facilities.

 

                        Section I102  L102 Scope. The provisions of this Appendix shall apply to all newly established or existing Licensed and Group Day-care facilities within the City of Lawrence.

 

                        Section I103  L103 Definitions.

                       

1.  Licensed Day-care - Care provided for no more than ten (10) children less than 16 years of age.

 

2.  Group Day-care - Care provided for no more than twelve (12) children less than 16 years of age.

 

                                                            (a)        Group Day Care. Care provided for no more than twelve (12) children less than 16 years of age.

                                    (b)        Licensed Day Care. Care provided for no more than ten (10) children less than 16 years of age.

 

                        Section I104  L104 Exits.     

 

                                    1.(a)     Escape Corridor. Every escape path, including all stairways, shall be clear of obstructions and all doors shall be in proper working condition.

 

2.(b)   Exit Doors. Every required exit door must be capable of being easily opened from the inside at all times when the facility is operating.

 

3.(c)     Exit Pathway Passing by a Basement Stairway. If an exit pathway passes by a basement stairway, the stairway must be separated by a door or gate to prevent children from accidentally entering the basement.

 

 

 

 

 

                        Section I105  L105 Doors.

 

1.(a)     Closet Doors.  At all times, every closet door must be capable of being easily opened from the inside by children.

 

 2.(b)    Bathroom Doors. Every bathroom door must be capable of being unlocked from the outside at all times. The unlocking key/device must be readily accessible to the staff.

 

                        Section I106  L106 Basement and Second Floor Use.

 

1.(a)     Before May 1, 1998.  Facilities which possess a Certificate or Day-care License Group Day Care Homes and Licensed Day Care Homes, which possess a Certificate or Day Care License, dated before May 1, 1998, may use a basement or second floor for day-care only if there are at least two separate exits to the outside. One exit must be a door and one exit may be an approved escape window. Day-care providers must be able to demonstrate that everyone under their care can safely exit the house and go to a designated safe area within four (4) minutes. The code official may require day-care providers to demonstrate their ability to conduct such an exit drill.

 

2.(b)     On or After May 1, 1998. Facilities which possess a Certificate or Day-care License Group Day Care Homes and Licensed Day Care Homes, which possess a Certificate or Day Care License, dated on or after May 1, 1998, may use a basement for day-care only if there are at least two exits to the outside. One exit must be a door leading directly to the outside. If the two exits in use are within ten (10) feet of each other, a third exit, which may be an approved exit window, will be required. Residential day-care is not allowed on the second floor of a residence. Bi-level houses must be inspected by the code official to determine if they comply with this provision prior to their use as a day-care facility.

 

                        Section I107  L107 Portable Fire Extinguishers.  

 

 1.(a)    Type and Location. A fire extinguisher rated at 2A:10B:C: is required and must be placed or mounted so that the unit’s operating and mounting mechanisms are located no higher than 48 inches from the floor and no lower than 15 inches above the floor.

 

  2.(b)   Maintenance. Fire extinguishers provided for the day-care must be inspected and/or serviced and tagged within the previous 12 months by a person or business licensed by the Kansas State Fire Marshal.  If the fire extinguisher is purchased new, a purchase receipt must be retained that shows the date of purchase.  Such a new fire extinguisher does not need to be inspected within the first 12 months after the date shown on the purchase receipt.

 

                        Section I108  L108 Smoke Detectors.

 

1.(a)     Smoke Detector Installation. Smoke Ten-year lithium or interconnected 110 volt smoke detectors shall be installed on every level of the residence according to the manufacturer’s instructions.  Smoke detectors shall be located in the pathways serving sleeping and use areas and in each sleeping room used for children.

 

2.(b)     Smoke Detector Maintenance. Smoke detectors shall be tested monthly.   The batteries in battery-powered smoke detectors shall be changed every six months and records of the tests and battery changes required in this section shall be kept on file for review upon request of the code official. The batters in standard battery-powered smoke detectors shall be changed every six months and the battery replacement documented with monthly detector tests. Standard battery-powered smoke detectors shall be replaced within ten years of date of manufacture with 10-year lithium or 110 volt interconnected smoke detectors.

 

                        Section I109  L109 Heating Devices.

 

1.(a)     Venting. All natural gas, kerosene, wood, propane heaters, and other open flame heating devices shall be properly vented to the outside of the residence.

 

2.(b)     Protective Barriers. All heating devices shall be shielded by a noncombustible barrier that prevents accidental contact with the devices.

 

3.(c)     Combustible Storage. No combustible storage is allowed within 36 inches of the furnace or hot water heater or other open flame device. All heating devices shall be kept clean and dust free.

 

                        Section I110  L110 Emergency Procedures.

 

                                    1.(a)     Exit Drills. Exit drill procedures shall be posted and exit drills shall be conducted monthly. Accurate written records of the exit drills conducted in the previous twelve months shall be kept and posted in plain view at the day-care.

 

 2.(b)    Tornado Procedures. Written emergency procedures for tornadoes shall be posted and shall be practiced monthly.  Accurate written records of the emergency tornado procedures practice conducted in the previous twelve months shall be kept and posted in plain view at the day-care.

 

                        Section I111  L111 General Fire Safety.

 

1.(a)     Electrical Outlets. All unused electrical outlets in licensed areas shall have child-resistant protective covers in place.

 

2.(b)     Flashlights. A working flashlight shall be available for each staff member in the day-care.

 

8-209

8-207               APPEALS.

Whenever the code official disapproves an application or refuses to grant a 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 code official to the Board of Appeals within 30 days from the date of the decision appealed. (Ord. 8055, Ord. 8572)

 

8-210               SEVERABILITY.

If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance. (Ord. 8055, Ord. 8572)

 

SECTION 5. Existing sections 8-201, 8-203, 8-205, 8-205.1 through 8-205.28, inclusive, 8-206, 8-206.1 through 8-206.3, inclusive, 8-207, 8-208, 8-209, and 8-210 of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, are hereby repealed in their entirety, it being the intent of the Governing Body that the provisions of this Ordinance supersede them.

 

SECTION 6. If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance. 

 

SECTION 7.  After adoption and publication as provided by law, this ordinance shall be in full force and effect, commencing March 1, 2013.

 

ADOPTED by the Governing Body of the City of Lawrence, Kansas, this ____ day of December, 2012.

 

 

 APPROVED:

 

 

 

___________________________________

Robert J. Schumm

Mayor

ATTEST:

 

 

 

__________________________________

Jonathan M. Douglass

City Clerk

 

APPROVED AS TO FORM AND LEGALITY:                   

 

 

 

__________________________________

Toni R. Wheeler

City Attorney

 

 

*****

NOTICE TO PUBLISHER

 

Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.