Olathe regulates open-flame cooking devices through O.M.C. Sec. 16.05.155, which amends Section 308.1.4 of the International Fire Code as adopted by the City. Charcoal burners and other open-flame cooking devices may not be stored or operated on combustible balconies or within ten feet of combustible construction, with limited exceptions for one- and two-family dwellings and small LP-gas containers.
Under O.M.C. Sec. 16.05.155 (amending IFC 308.1.4), charcoal burners and other open-flame cooking devices shall not be stored or operated on combustible balconies or within ten (10) feet of combustible construction. The rule is enforced by the Olathe Fire Marshal's Office under the City's adopted Fire Code (Ch. 16.05). Exceptions follow the underlying IFC 308.1.4 structure: (1) one- and two-family dwellings and townhomes are exempt from the multi-family balcony restriction; (2) LP-gas cooking devices with a container of 2.5 pounds water capacity or less (nominal 1 pound propane) are generally permitted; (3) buildings, balconies, and decks protected by an approved automatic sprinkler system are excepted. Kansas adopts the IFC at the state level through the Kansas State Fire Marshal under KSA 31-148 et seq., and Olathe layers local amendments through Ch. 16.05. Propane cylinder storage and use is also subject to NFPA 58 (Liquefied Petroleum Gas Code) as referenced in the IFC. The Johnson County KS Burning Bans page tracks county-wide bans triggered by drought or air quality. Open-burning permits for recreational fires are addressed separately under O.M.C. Sec. 16.05.150 and require permits for commercial/residential open burning at $25 per day per the City fee schedule.
Storing or operating a charcoal grill, open-flame cooking device, or non-compliant propane appliance on a combustible balcony or within ten feet of combustible construction violates O.M.C. Sec. 16.05.155. The Olathe Fire Marshal's Office may issue a notice of violation, order immediate removal, and pursue municipal court fines under O.M.C. Ch. 16.05. Persistent or fire-causing violations can result in higher penalties and civil liability for any resulting fire damage.
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