Sec. 9-101 Created;
appointments.
Sec. 9-102 Fire
Chief.
Sec. 9-103 Physical
examinations.
Sec. 9-104 Records.
Sec.
9-105 International
Fire Code-Adopted; copies on file; penalty.
Sec. 9-106 Same-Enforcement.
Sec. 9-107 Same-Definitions.
Sec. 9-108 Appeals.
Sec. 9-109 Same-Penalties.
Sec. 9-110 Amendments
to the International Fire Code
Sec. 9-201 Adoption
of state regulations; copies on file.
Sec. 9-202 Truck
routes when transporting anhydrous ammonia.
Sec. 9-203 Penalty
for violation of article.
Sec. 9-301 Composition;
officers; bylaws.
Sec. 9-302 Treasurer,
duties; bond.
Sec. 9-303 Authorized
use of funds-Generally.
Sec. 9-304 Same-Insurance;
purchase of or payment of premiums.
Sec. 9-305 Same-Investments.
Sec. 9-401 Definitions.
Sec. 9-402
Sec. 9-403 Discharge
or possession prohibited; exception.
Sec. 9-404 Penalty
for violation of article.
Cross
references-Electrical code, § 6-301
et seq.; civil emergencies, Ch. 2.
State
law reference-Fire protection, K.S.A.
31-132 et seq.
Sec. 9-501 Regulations
established; requirements of insurance companies.
Sec. 9-502 Fire
insurance proceeds fund.
Sec. 9-503 Receipt
of insurance proceeds; duties of City.
Sec. 9-504 Excess
proceeds paid; duty of City.
Sec. 9-505 Payments
made from fund; liens established and released.
Sec. 9-506 Lien
established; other encumbrances.
Article IX. Insurance Proceeds; Application
Sec. 9-901 thru 9-907 Reserved
Sec. 9-908. Application
of article.
Sec. 9-909. Interpretation.
Sec. 9-910. Immunity
granted insurers complying with article.
ARTICLE
Sec.
9-101 Created; appointments.
There
is hereby created a Fire Department which shall be composed of a Chief of the
Fire Department and such other officers and members as may be necessary for the
control and prevention of fires. The
City Manager shall appoint the Chief of the Fire Department and such other
officers.
REVISED: (Ord. No. 2978-91, 08-07-91; Ord. No. 3392-02,
01-16-02, Ord. No. 3704-08, 09-17-08)
Sec.
9-102 Fire Chief.
The
Chief of the Fire Department shall, under the direction of the City Manager,
shall have complete control of the Fire Department and all of the firefighting
equipment of the City. The Fire Chief
shall be responsible for the proper organization, training, discipline and
functioning of the personnel of the Fire Department and for the fire apparatus
of the City. The Fire Chief is hereby
authorized to suspend, in accordance with the personnel rules and regulations
of the City, any member of the Fire Department for refusal to obey orders, for
misconduct, or for failure to perform duties.
It shall be the duty of the Fire Chief to enforce all City ordinances,
laws of the state, and administrative rules and regulations of the Office of
the State Fire Marshal. The Fire Chief
shall have the power to adopt and enforce reasonable rules and regulations
governing the Fire Department, subject to the approval of the City
Manager. These rules and regulations
shall contain provisions which call for the Fire Chief or an officer designated
by the Fire Chief to be on duty during each and every day and night. In the absence of the Fire Chief, the senior
officer in charge shall have authority to perform all the duties of the Fire
Chief.
REVISED: (Ord. No. 2978-91, 08-07-91; Ord. No. 3392-02,
01-16-02, Ord. No. 3704-08, 09-17-08)
Sec.
9-103 Physical examinations.
No
person shall be employed as a member of the Fire Department of this City until
determined to be physically fit for duty as a firefighter after examination by
a physician designated by the City Manager.
The Fire Chief or City Manager may, at any time, require a physical
examination of any member of the Fire Department as a condition to the
continued employment of such person.
REVISED: (Ord. No. 2978-91, 08-07-91; Ord. No. 3392-02,
01-16-02, Ord. No. 3704-08, 09-17-08)
Sec.
9-104 Records.
The
Chief of the Fire Department shall keep in convenient form a complete record of
all fires as may be necessary for the submission of any reports to the state
fire marshal. Such information shall
include:
1. The
time and location of all fires;
2. Construction
of building involved;
State
law references-Firefighters, K.S.A.
14-l0a08, 14-l0a09, 31-145; qualifications, K.S.A. 44-1110; compensation and
salary, K.S.A. 80-1904.
State
law reference-Adoption of codes by
reference, K.S.A. 12-3009 et seq., 12-3301 et seq.
3. Owner
and occupancy of building involved;
4. Manner
as to how fires were extinguished;
5. Value
of the buildings and contents;
6. Loss
on building and contents;
7. Amounts
of insurance on buildings, and contents; and
8. Logs containing the time of departure and return of equipment to station.
REVISED: (Ord. No. 2978-91, 08-07-91; Ord. No. 3392-02,
01-16-02, Ord. No. 3704-08, 09-17-08)
Sec. 9-105 International Fire Code -Adopted; copies on file; penalty.
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 International Fire Code, 2006 Edition, including appendix chapters B,C,D,E,F,G,H, of the 2006
Edition, published by the International Code Council, 500
New Jersey Avenue, NW, 6th Floor, Washington, DC 20001-2070, are
hereby adopted and incorporated by reference as fully as if set out at length
herein and, from the date on which this chapter shall take effect, a copy of
the named code has been and is now filed in the Office of the City Clerk. Any person violating the provisions of the
International Fire Code shall be deemed guilty of a Class C misdemeanor.
State
law reference-Rules and regulations
of the State Fire Marshal, Kansas Fire Prevention code, K.S.A. 31-134(b).
REVISED: (Ord. No. 2978-91, 08-07-91; Ord. No. 3392-02,
01-16-02, Ord. No. 3704-08, 09-17-08)
Sec.
9-106 Same-Enforcement.
The
International Fire Code, 2006 Edition, shall be enforced by the Fire Chief or
such other members of the Fire Department that the Fire Chief designates as
inspectors.
REVISED: (Ord. No. 2978-91, 08-07-91; Ord. No. 3392-02,
01-16-02, Ord. No. 3704-08, 09-17-08)
Sec.
9-107 Same-Definitions.
Whenever
the word “jurisdiction” is used in the International Fire Code, it shall mean
the City, and whenever the words “Bureau of Fire Prevention” and “Chief of the
Bureau of Fire Prevention” are used, such terms shall mean “Fire Department”
and “Fire Chief,” respectively.
REVISED: (Ord. No. 2978-91, 08-07-91; Ord. No. 3392-02,
01-16-02, Ord. No. 3704-08, 09-17-08)
Sec. 9-108 Construction Board of Appeals.
As
referenced and adopted by the City of
REVISED: (Ord. No. 2978-91, 08-07-91; Ord. No. 3392-02,
01-16-02, Ord. No. 3704-08, 09-17-08)
Sec.
9-109 Same-Penalties.
Any
person who shall violate any of the provisions of the code adopted in Section
9-105, or fail to comply therewith, or who shall build in violation of any
detailed statement of specifications or plans submitted and approved there
under, or any certificate or permit issued there under, and from which no
appeal has been taken, or who shall fail to comply with such an order as
affirmed or modified by the City Manager or by a court of competent
jurisdiction, within the time fixed therein, shall severally for each and every
such violation and noncompliance, respectively, be guilty of a Class C
misdemeanor.
REVISED: (Ord. No. 2978-91, 08-07-91; Ord. No. 3392-02,
01-16-02, Ord. No. 3704-08, 09-17-08)
Section 105
– Permits – Delete this section in
its entirety except section 105.6.30 (open burning).
Section 108 – Board of Appeals – Delete this section in its entirety.
Section 109.3 – Violation
penalties – Delete this section in its entirety.
Section 111.4 – Failure to
comply – Delete this section in its entirety.
APPENDIX H
RESIDENTIAL DAY-CARE FACILITIES
Section H-101 Purpose. The purpose of this Appendix is to provide
a reasonable degree of safety to children and providers attending residential
day-care facilities.
Section H-102 Scope. The provisions of this Appendix shall apply to all
newly established or existing Registered, Licensed and Group Day-Care
facilities within the City of
Section H-103 Definitions.
1.
Registered
Day-care- Care provided for a maximum of six (6) children less than 16 years of
age.
2.
Licensed Day-Care
– Care provided for at least seven (7) but no more than (10) children less than
16 years of age.
3.
Group Day-care –
Care provided for at least seven (7) but no more than twelve (12) children less
than less than 16 years of age
Section
H-104 Exits.
1.
Escape Corridor.
Every escape path, including all stairways, shall be clear of obstructions and
all doors shall be in proper working condition.
2.
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.
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 H-105 Doors.
1.
Closet
Doors. At all times, every closet door must be capable of being easily opened
from the inside by children.
2.
Bathroom
Doors. Every bathroom door must be
capable of being unlocked from the inside at all times. The unlocking
key/device must be readily accessible to the staff.
Section
H -106 Basements and Second Floor Use.
Section H-107 Portable fire
Extinguishers.
1.
1. Type and location.
A fire extinguisher rated at 2A:10BC is required and must be placed or mounted
so that the units operating and mounting mechanisms are located no higher than
48 inches from the floor and no lower than 15 inches above the floor.
2.
Maintenance. Fire
extinguishers provided for day-care must be inspected, 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 H-108 Smoke Detectors.
Section H – 109 Heating Devices.
Section
H -110 Emergency Procedures.
Section H – 111 General Fire Safety.
REVISED: (Ord. No. 2978-91, 08-07-91; Ord. No. 3392-02,
01-16-02, Ord. No. 3704-08, 09-17-08)
ARTICLE II. HANDLING, STORAGE AND
TRANSPORTATION
OF ANHYDROUS AMMONIA
Sec.
9-201 Adoption of state
regulations; copies on file.
The
State Board of Agriculture regulations pertaining to the handling, storage and
transportation of anhydrous ammonia, published in Kansas Administrative
Regulations by the Kansas Revisor of Statutes, are hereby adopted by reference
and made a part of this article the same as if fully set forth in this
article. Not less than three (3) copies
of such administrative regulations are on file in the Office of the City Clerk.
REVISED: (Ord. No. 2978-91, 08-07-91; Ord. No. 3392-02,
01-16-02)
State
law reference-Regulations, K.S.A.
2-1212.
Sec.
9-202 Truck routes when
transporting anhydrous ammonia.
(a) All
tank trucks and semi-trailer trucks used for the transportation of anhydrous
ammonia shall travel in and through the City to the nearest point of unloading
only on
(b) All
nurse tank trailers used for the transportation of anhydrous ammonia shall only
travel in and through the City on the following designated streets: North
Locust, West and
(c) Exceptions to the established routes of travel provided in this section shall only be granted if specifically approved by the Fire Chief.
REVISED: (Ord. No. 2978-91, 08-07-91; Ord. No. 3392-02,
01-16-02)
Sec.
9-203 Penalty for violation of
article.
Any
person who shall be found guilty of violating the provisions of this article
shall be deemed guilty of a Class B misdemeanor. Each day of continued violation shall be a
separate offense.
REVISED: (Ord. No. 2978-91, 08-07-91; Ord. No. 3392-02,
01-16-02)
ARTICLE III.
FIREFIGHTERS RELIEF ASSOCIATION
Sec.
9-301 Composition; officers;
bylaws.
(a) The Firefighters’ Relief Association
shall be composed of members of the Fire Department of the City and shall be
incorporated under the laws of the State.
(b) The officers of the Firefighters’ Relief Association shall consist of a president, vice-president, secretary and treasurer. Such officers shall be selected as provided in the bylaws of such association.
(c) The Firefighters’ Relief Association shall adopt such bylaws, rules and regulations as it may deem advisable in carrying out and promoting the objectives of such association, not inconsistent with the provisions of this article or the laws of the State. The secretary shall keep a complete record of the transactions of the association, which shall at all times be subject to inspection by the Board of Commissioners.
REVISED: (Code 1982; Ord. No. 2962-90 NEED DATE HERE;
Ord. No. 2978-91, 08-07-91; Ord. No. 3392-02, 01-16-02)
State
law reference-Firefighters Relief
Association, K.S.A. 40-1701 et seq.
Sec.
9-302 Treasurer, duties; bond.
(a) The treasurer of the Firefighters’ Relief Association shall receive from the State Commissioner of Insurance all money issued to the Firefighters Relief Fund of the Firefighters Relief Association of the City and other money collected, and shall deposit such funds to the credit of the City’s Firefighters’ Relief Fund. The treasurer shall pay out such funds only on warrants issued by such association, which warrants shall be signed by the president, countersigned by the secretary, and bear the seal of the association.
(b) The treasurer shall give bond for the
safekeeping of funds received from the Firefighters Relief Fund and for
faithful performance of such sum with such sureties as may be approved by the
Board of Commissioners.
REVISED: (Code 1982; Ord. No. 2962-90 NEED DATE HERE;
Ord. No. 2978-91, 08-07-91; Ord. No. 3338-00, 01-05-00; Ord. No. 3392-02,
01-16-02)
State
law reference -Treasurer, bond, etc.,
K.S.A. 40-1706(g).
Sec.
9-303 Authorized use of
funds-Generally.
All
monies received by the treasurer of the Firefighters Relief Association shall
be set apart and used by the Firefighters’ Relief Association solely and
entirely for the objectives and purposes of this article and as set forth in
K.S.A. 40-1707, and shall be paid to and distributed by the Firefighters’ Relief
Association under such provisions as shall be made by the Commission; provided,
that in all cases involving expenditures or payments in an amount of $1,500.00
or more, prior certification shall be obtained from the City Attorney that such
expenditures or payment complies with such requirements.
REVISED: (Ord. No. 2978-91, 08-07-91; Ord. No. 3392-02,
01-16-02)
State
law references-Authorization by
attorney, K.S.A. 40-1706(g); authorized uses of funds, K.S.A. 40-1707.
Sec.
9-304 Same-Insurance; purchase
of or payment of premiums.
Monies
collected and received under the provisions of this article may be expended for
the purchase of, or payment of premiums on, policies of life, accident and
health insurance upon members of the Fire Department of this City, which
policies may be owned either by the Firefighters’ Relief Association of this
City or by the individual members thereof; however, before any premium is paid
on such policies of insurance, the provisions thereof shall be approved by such
Firefighters Relief Association as suitable to carry out the objectives for
which such association was established.
REVISED: (Code 1982; Ord. No. 2962-90 NEED DATE HERE;
Ord. No. 2978-91, 08-07-91; Ord. No. 3392-02, 01-16-02)
State
law reference-Authorized use of funds,
payment of premiums, K.S.A. 40-1707(b).
Sec.
9-305 Same-Investments.
The
officers of the Firefighters’ Relief Association may invest any amount not to
exceed ninety (90) percent of all monies received in purchasing bonds of the
City; provided, that when bonds of the City are not obtainable, United States
government securities may be purchased or any municipal bonds of this State
where the bonded indebtedness of such municipality shall not exceed fifteen
(15) percent of its total assessed valuation, as shown by the last assessment
preceding such investment. Such
investments must be approved by the Commission.
It shall be the duty of the City Attorney to examine all such bonds as
to their validity and report thereon in writing to the Commission and the
Firefighters’ Relief Association. No
bonds shall be purchased by such Association until they have been approved and
found valid by the City Attorney.
REVISED: (Code 1982; Ord. No. 2978-91, 08-07-91; Ord. No.
3392-02, 01-16-02)
State
law reference-Investment of funds,
K.S.A. 12-1675, 40-1707(h).
ARTICLE IV.
FIREWORKS
Sec.
9-401 Definitions.
The
following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates
a different meaning:
Fireworks-
means and includes any combustible or explosive composition of any substance,
or combination of substances, or any article prepared for the purpose of
producing a visible or audible effect by combustion, explosion, deflagration or
detonation, and shall include blank cartridges, toy pistols, toy cannons, toy
canes, or toy guns in which explosives are used; any type of balloons which
require fire underneath to propel them; firecrackers, torpedoes, skyrockets,
bottle rockets, roman candles, dago bombs, sparklers or any other fireworks of
like construction, or any fireworks containing any explosive or flammable
compound; or any tablets or any device containing any explosive substance. Nothing in this article shall be construed as
applying to toy paper caps and cap guns, and to the manufacture, storage, sale
or use of safety or signal flares, nor as prohibiting the sale and use of blank
cartridges for ceremonial, theatrical or athletic events, nor as prohibiting
the firing of skyrockets or missiles when produced by a science instructor, and
when the place of firing the skyrocket or missile has been approved by the Fire
Chief or his designee.
REVISED: (Code 1982; Ord. No. 2962-90 NEED DATE HERE;
Ord. No. 2978-91, 08-07-91; Ord. No. 3392-02, 01-16-02)
Cross
reference-Definitions and rules of
construction generally, §1-101; 1-102.
Sec.
9-402 Sale, etc., prohibited.
It
shall be unlawful for any person to expose or keep for sale or sell or barter
or give away any fireworks within the corporate limits of the City.
REVISED: (Code 1982; Ord. No. 2978-91, 08-07-91; Ord. No.
3392-02, 01-16-02)
Sec.
9-403 Discharge or possession
prohibited; exception.
The
discharge, firing, possession or igniting of fireworks within the corporate
limits of the City is hereby prohibited; provided, that the Board of
Commissioners may grant permission for the public display of fireworks by
responsible persons. Such display shall
be of such character and so located, discharged and fired as shall not be
hazardous to surrounding property or endanger any person.
REVISED: (Code 1982; Ord. No. 2978-91, 08-07-91; Ord. No.
3392-02, 01-16-02)
Sec.
9-404 Penalty for violation of
article.
Any
person violating any of the provisions of this article shall be deemed guilty
of a Class B misdemeanor.
REVISED: (Code 1982; Ord. No. 2978-91, 08-07-91; Ord. No.
3392-02, 01-16-02)
State
law references-State Fire Prevention
Code, K.S.A. 31-183; authority to regulate, K.S.A. 31-134(b); bottle rockets,
K.S.A. 31-156, 74-139.
ARTICLE V.
INSURANCE PROCEEDS
Sec.
9-501 Regulations established;
requirements of insurance companies.
The
city is hereby authorized to establish and does hereby enact the procedures set
forth in K.S.A. 40-3901 et seq., whereby no insurance company doing business
within the City shall pay a claim of a named insured for a loss or damage to a
building or other structure arising out of any fire, explosion, or windstorm
located within the City where the amount recoverable for the loss or damage to
the building or other structure under all policies is in excess of seventy-five
(75) percent of the face value of the policy covering such building or other
insured structure unless there is compliance with the following procedures:
(1) When final settlement on a covered claim has been agreed to between the named insured or insured’s and the company or companies, and such final settlement exceeds seventy-five (75) percent of the face value of the policy covering a building or other insured structure, and when all amounts due the holder of a first real estate mortgage against the building or other structure, pursuant to the terms of the policy and endorsements thereto, shall have been paid, the insurance company or companies shall execute a draft payable to the City Clerk in an amount equal to the sum of fifteen (15) percent of the covered claim payment, unless the City Manager has issued a certificate to the insurance company or companies that the insured has removed the damaged building or other structure, as well as all associated debris, or repaired, rebuilt or otherwise made the premises safe and secure.
(2) The transfer of proceeds under this section shall be on a pro rata basis by all companies insuring the building or other structure. Policy proceeds remaining after the transfer to the City shall be disbursed in accordance with the policy terms, except as otherwise provided in this article.
(3) Upon transfer of the funds as required in Subsection (A) of this section, an insurance company shall provide the City with the names and addresses of the named insured or insured’s, the total insurance coverage applicable to such building or other structure, and the amount of the final settlement agreed to between the insurance company or companies and the insured or insured’s, whereupon the City Manager shall contact the named insured or insured’s by restricted mail to notify them that such insurance proceeds have been received by the City and apprise them of the procedures to be followed under this article.
REVISED: (Code 1982; Ord. No. 2978-91, 08-07-91; Ord. No.
3360-01, 01-17-01; Ord. No. 3392-02, 01-16-02)
State
law references-Procedures, K.S.A.
40-3901; certificate of repair, removal or rebuilding of structure, K.S.A.
40-3906.
Sec.
9-502 Fire insurance proceeds
fund.
The
City Treasurer is hereby authorized and shall create a fund to be known as the
Fire Insurance Proceeds fund. All monies
received by the City Treasurer as provided for by in this ordinance shall be
deposited by him/her in an interest bearing account.
REVISED: (Code 1982; Ord. No. 2978-91, 08-07-91; Ord. No.
3392-02, 01-16-02)
Cross
reference-Finance funds, § 2-401 et
seq.
State
law references-Claims against fire
insurance policy proceeds, shall be deposited by the treasurer in an interest
bearing account.
State
law reference-Funds to be deposited
in an interest bearing account, K.S.A. 403901(b).
Sec.
9-503 Receipt of insurance proceeds;
duties of City.
(a) Upon receipt of moneys under this article, the City Treasurer shall immediately notify the City Manager of such receipt and transmit all documentation received from the insurance company or companies to the City Manager.
(b) Within twenty (20) days of the receipt of moneys under this article, the City Manager shall determine after prior investigation whether the City shall instigate proceedings under the provisions of K.S.A. 12-1750 et seq.
(c) Prior to the expiration of the twenty (20) day period established in subsection (B), the City Manager shall notify the City Treasurer whether s/he intends to initiate proceedings under K.S.A. 12-1750 et seq.
(d) If the City Manager has determined that proceedings under K.S.A. 12-1750 et seq. shall be initiated, s/he shall do so immediately but no later than thirty (30) days after receipt of such monies by the City Treasurer.
(e) Upon notification to the City Treasurer by the City Manager that no proceedings shall be initiated under K.S.A. 12-1750 et seq., the City Treasurer shall initiate the return of monies plus accrued interest to the insured or insured’s as identified in the communication from the insurance company or companies. Such return shall be accomplished within thirty (30) days of the receipt of such monies from the insurance company or companies.
REVISED: (Code 1982; Ord. No. 2978-91, 08-07-91; Ord. No.
3392-02, 01-16-02)
Sec.
9-504 Excess proceeds paid;
duty of City.
If
the City Manager has proceeded under the provisions of K.S.A. 12-1750 et seq.,
all monies in excess of that which is ultimately necessary to comply with the
provisions for the removal of the building or structure, less salvage value,
shall be paid to the insured.
REVISED: (Code 1982; Ord. No. 2978-91, 08-07-91; Ord. No.
3392-02, 01-16-02)
State
law reference-Release of proceeds to
insured, K.S.A. 40-3901.
Sec.
9-505 Payments made from fund;
liens established and released.
If
the City Manager, with regard to a building or other structure damaged by fire
or explosion, determines that it is necessary to act under K.S.A. 12-1756, any
proceeds received by the City Treasurer under authority of section 9-501
relating to that building or other structure shall be used to reimburse the
City for any expenses incurred by the City in proceeding under K.S.A.
12-1756. Upon reimbursement from the
insurance proceeds, the City Manager shall immediately effectuate the release
of any lien resulting there from. Should
the expenses incurred by the City exceed the insurance proceeds paid over to
the City Treasurer under Section 9-501, the City Manager shall establish a new
lien as authorized by K.S.A. 12-1766 in an amount equal to such excess expenses
incurred.
REVISED: (Code 1982; Ord. No. 2978-91, 08-07-91; Ord. No.
3392-02, 01-16-02)
Sec.
9-506 Lien established; other
encumbrances.
(a) In addition to the liens and procedures created and adopted by the foregoing sections, the City, in accordance with K.S.A. 40-3901 et seq., does hereby create and establish a lien in favor of the City in and to the proceeds of any insurance policy based upon a covered claim payment made for damage or loss to a building or other structure located within the City caused by or arising out of any fire or explosion, where the amount recoverable for all loss or damage to the building or other structure under all policies is in excess of seventy-five (75) percent of the face value of the policy or policies covering such building or other insured structure. Such lien shall arise by virtue of any unpaid tax, special ad valorem levy, special assessment or other charge imposed upon any real property by or on behalf of the City which is an encumbrance on real property, whether or not evidenced by written instrument, or such tax, levy, assessment, expense or other charge that has remained undischarged for at least one (1) year prior to the filing of a proof of loss on such property.
(b) Prior
to final settlement of any claim covered by this section, the insurer or
insurers shall contact the
(c) A transfer of proceeds under this section shall be on a pro rata basis by all insurance companies insuring the building or other structure.
REVISED: (Code 1982; Ord. No. 2978-91, 08-07-91; Ord. No.
3392-02, 01-16-02)
State
law reference-Creating lien, K.S.A.
40-3902.
ARTICLE IX.
INSURANCE PROCEEDS; APPLICATION
Sec.
9-901 thru 9-907 Reserved.
Sec.
9-908 Application of article.
This
article shall apply to fire and explosion claims arising on all buildings or
structures.
REVISED: (Code 1982; Ord. No. 2978-91, 08-07-91; Ord. No.
3392-02, 01-16-02)
State
law reference-Similar provisions,
K.S.A. 40-3907.
Sec.
9-909 Interpretation.
This
article does not make the City a party to any insurance contract, nor is the
insurer liable to any amount in excess of the proceeds otherwise payable under
its insurance policy.
REVISED: (Code 1982; Ord. No. 2978-91, 08-07-91; Ord. No.
3392-02, 01-16-02)
State
law reference-Similar provisions,
K.S.A. 40-3908.
Sec.
9-910 Immunity granted
insurers complying with article.
Insurers
complying with this article or attempting in good faith to comply with this
article shall be immune from civil and criminal liability, and such action
shall not be deemed in violation of K.S.A. §40-2404 and any amendments thereto,
including withholding payment of any insurance proceeds pursuant to this
article, or releasing or disclosing any information pursuant to this article.
REVISED: (Code 1982; Ord. No. 2978-91, 08-07-91; Ord. No.
3392-02, 01-16-02)
State
law reference-Similar provisions,
K.S.A. 40-3909.