There is hereby adopted by the governing body of the City of Marion, Kansas, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the “National Fire Prevention Code,” recommended by the American Insurance Association, being particularly the 1998 edition thereof and of which code not less than three (3) copies have been and now are filed in the office of the Clerk of the City of Marion, 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 with the limits of the City of Marion, Kansas.

(Ord. 1040; Code 2014)

The code hereby adopted shall be enforced by the Chief of the Fire Department.

(Ord. 1040; Code 2014)

Wherever the word “municipality” is used in the code hereby adopted, it shall be held to mean the City of Marion, Kansas.

(Ord. 1040; Code 2014)

The Chief of the Fire Department shall have power to modify any of the provisions of the code hereby adopted upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that: the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the Chief of the Fire Department thereon shall be entered upon the records of the department and a signed copy shall be furnished by the applicant.

(Ord. 1040; Code 2014)

Whenever the Chief of the Fire Department shall disapprove an application or refuse to grant 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 Chief of the Fire Department to the City Commission within 30 days from the date of the decision appealed.

(Ord. 1040; Code 2014)

(a)   The following outdoor burning activities shall be prohibited within the city limits of the City of Marion, Kansas, to-wit:

(1)   The careless use and disposal of smoking materials, including, but not limited to, cigarettes, cigars and pipes. All smoldering remains shall be discarded in inflammable containers and in a manner to reduce the potential for fires.

(2)   Building, maintaining, attending or using any open fire or campfire, except in permanent stoves or fireplaces or in barbecue grills in developed recreational sites or on residential home sites.

(3)   Burning of all fence rows, fields, vegetation, wildlands, ravines, trash, grass, lawns, leaves, and debris or other areas or materials. Such burning may be exempted from these restrictions when it is deemed necessary by the Governing Body for crop survival or abatement of certain hazards and such abatement has been specifically approved in w1iting by the City of Marion Fire Chief.

(b)   The violation of this section shall constitute a municipal offense and shall be punished with a fine of not less than $500.00.

(Ord. 1072; Ord. 1324; Code 2014)