HomeMy Public PortalAboutORD11158 BILL NO. 88-140 AMENDED
SPONSORED BY COUNCILMAN _1H-AAKE
ORDINANCE NO. 11160
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PRESCRIBING A
NATIONAL FIRE PREVENTION CODE, PROVIDING FOR THE ADMINISTRATION AND
ENFORCEMENT THEREOF, PROVIDING A PENALTY FOR VIOLATIONS, PROVIDING
A VALIDITY CLAUSE, REPEALING ORDINANCE NO. 10670 AND REPEALING
SECTIONS 12-42 AND 27-7 (D) , (E) AND (G) OF THE CODE OF THE CITY
OF JEFFERSON, MISSOURI, ENACTING A NEW SECTION 12-42 IN LIEU
THEREOF, AND CREATING A NEW SECTION 12-43 AMENDMENTS, DELETIONS AND
INSERTIONS TO BE INCLUDED THEREIN.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. Adoption of the BOCA Basic National Fire
Prevention Code/1987. The BOCA Basic/National Fire Prevention
Code/1987, published by the Building Officials and Code
Administrators International, Inc. , is hereby adopted, and
incorporated herein by reference, as the Fire Prevention Code of
the City of Jefferson, with the additions, insertions, deletions,
and changes contained in this ordinance.
Section 2 . Additions, Insertions, Deletions, and Chancres.
The following additions, insertions, deletions and changes are made
to the BOCA Basic/National Fire Prevention Code/1987 , otherwise
referred to herein as the Fire Prevention Code of the City of
Jefferson, which shall be set out in the Code of the City of
Jefferson, Missouri, as Section 12-43 Additions, Insertions,
Deletions, and Changes:
(1) Delete Section F-100. 1, and insert the following in its
place:
F-100. 1 Title: These regulations as set forth herein
shall be known as the Fire Prevention Code of the City
of Jefferson and are herein referred to as such or as
"this code" .
(2) Delete Section F-102 . 1, and insert the following in its
place:
F-102 . 1 Enforcement Officer: It shall be the duty and
responsibility of the Chief of the Fire Department, or
his duly authorized representative, to enforce the
provisions of the fire prevention code as herein set
forth. The designated enforcement officer of this code
is herein referred to as the code official . For the
purpose of issuing permits, the code official shall be
the person designated to issue permits pursuant to
Section F-103 .2 of this code. The duties of enforcement
shall be shared with the chief of police department or
the director of the department of planning and code
enforcement as provided by this code or by ordinance.
(3) Delete Section F-103 . 1 and insert the following in its
place:
F-103.1 Permits Required: Notwithstanding any provisions
to the contrary in other sections of this code, permits
required in any section of this code shall be procured
from the chief of the fire department unless City code
section 7-20(c) lists the subject matter of the permit,
in which case the permit shall be procured from the
director of the department of planning and code
enforcement. Permits required under sections F-2203.2
and F-2400.2 shall be issued by the director of the
department of planning and code enforcement. Inspection
or permit fees, if any, shall be stipulated by ordinance.
Permits shall at all times be kept in the premises
designated therein and shall at all times be subject to
inspection by the code official.
(4) Delete section F-104 .1 through 104 .7, and insert the
,following in its place:
SECTION F-104.0 APPEAL
F-104.1 ARplication for appeal: Any person shall have the
right of appeal to a board of appeals from a decision of
the code official. An application for appeal shall be
based on a claim that the true intent of this code or the
rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this code do not fully
apply, or an equally good or better method of fire
prevention is used. The application shall be filed on
a form obtained from the code official within 20 days
after the notice was served.
F-104 .2 Membership of board: The board of appeals shall
consist of five members appointed by the Mayor with the
advise and consent of a majority of the Council. A board
of appeal shall be appointed within twenty-one days after
the filing of an appeal. The board shall dissolve after
completing its hearings on the appeal (s) triggering its
appointment.
F-104.2. 1 Oualifications: Each member shall be a licensed
professional engineer or architect, or a specialist in
fire prevention and control with at least five years
experience. Not more than two members shall be from the
same profession or occupation, and at least one
professional engineer shall be a fire protection engineer
or an engineer with fire protection experience.
F-104 .2.2 Chairman: The board shall select one of its
members to serve as chairman immediately after commencing
its initial meeting.
F-104.2.3 Disqualification: No person shall be appointed
to hear an appeal in which that person has any personal,
professional or financial interest.
P-104.2.4 Compensation of members: Members of the board
of appeals shall receive no compensation, but shall
receive reimbursement for costs incurred with their
service.
P-104.3 Notice of meeting:_ The board shall meet within
thirty (30) days of the filing of an appeal. At least
five (5) days notice of its meetings shall be provided
the appellant.
P-104.4 Open hearing: All hearings before the board shall
be open to the public. The appellant, the appellant's
representative, -the code official and any person whose
interests are affected shall be given an opportunity to
be heard.
P-104.4.1 Procedure: The board shall adopt "and make
available to the public procedures under which a hearing
will be conducted. The procedures shall not require
compliance with strict rules of evidence but shall
mandate that only relevant information be received.
P-104.5 Postponed hearing:_ When four members are not
present to hear an appeal, either the appellant or the
appellant's representative shall have the right to
request and receive a postponement of the hearing. A new
hearing shall be held within five days.
F-104 . 6 Board decision: The board shall modify or reverse
the decision of the code official by a concurring vote
of three members.
P-104. 6.1 Resolution: The decision of the board shall be
by resolution. Certified copies shall be furnished to
the appellant and to the code official.
P-104. 6.2 Administration: The code official shall take
immediate action in accord with the decision.
P-104 .7 Court review: Any person, whether or not a
previous party of the appeal, shall have the right to
apply to the appropriate court for a writ of certiorari
to correct errors of law.
(5) Delete section F-105. 3 in its entirety.
(6) Delete section F-105.3.2 and insert the following in its
place:
F-105.3.2 Unlawful continuance: Any person who shall
refuse to leave, interfere with the evacuation of other
occupants or continue any operation after having been
given an evacuation order except such work as that person
is directed to perform to remove a violation or unsafe
condition, shall be deemed guilty of a violation
punishable by a fine of not more than five hundred
dollars ($500) or by imprisonment of not more than 180
days. Each day that a violation continues shall be
deemed a separate violation.
(7) Delete Section F-105.5. 1 and insert the following in its
place:
F-105.5.1 Penalty for violations: Any person, firm, or
corporation violating any of the provisions of this code
or failing to comply with any order issued pursuant to
any section thereof, shall be guilty of a violation
punishable by a fine of not more than $500 dollars or by
imprisonment of not more than 180 days. Each day that
a violation continues, after a service of notice is
provided for in this code, shall be deemed a separate
violation.
(8) Add section F-105.5. 3:
F-105.5.3 Damage to fire department equipment: Any
negligent or willful damage to fire department equipment
caused by any person subject to this code shall be
punishable by a fine of Five Hundred Dollars ($500) per
occurrence of damage. This fine shall not be construed
to preclude monetary recovery of damages by the City
through civil proceedings.
• (9) Add sections F-313 .4 through F-313 .6:
F-313.4 Fire lane signs:
(A) Signs designating fire lanes shall comply with the
Manual on Uniform Traffic Control Devices. Such
signs shall be rectangular in shape with a white
background and red letters stating "FIRE LANE NO
PARKING".
(B) The signs described in subsection A of this section
shall be posted in the following manner:
(i) at each end of a fire lane which exceeds thirty
(30) feet in length with signs which can be read
from each direction;
(ii) midway between the ends of a fire lane less
than thirty (30) feet in length with the signs to
be posted to the right of the traffic way and to be
legible from the roadway.
F-313.5 Fire lane curb marking:
(A) Curbs, or pavement if there are no curbs, in a fire
lane shall be painted with a stripe at least three
(3) inches wide.
(B) The paint to be used in complying with subsection
A of this section shall be yellow in color. if
there are other restricted parking zones in the area
of the fire lane, the paint shall be red in color.
(C) The yellow or red striping marking a fire lane shall
not be a part of, and shall be distinctly different
from, any other restricted parking striping used in
the area of the fire lane.
F-313.6 Fire lane locations: Pursuant to Section F-313
of this code, the code official shall have the authority
to designate the following areas, or any portion thereof,
as fire lanes:
(1) entrances and exits to non-residential
structures;
(2) roadways providing access to fire stations;
(3) roadways providing access to sprinkler or
standpipe systems; and
(4) roadways that lead to, are next to our in front
of fire hydrants.
(10) Delete Section F-301.1 through F-301. 10 in its entirety
and insert the following in its place.
F-301.1 General: A person shall not cause or allow open
burning except as provided for in Section F-301.2 through
F-301. 10.
F-301.2 Allowable burning: Open burning shall be allowed
without prior notification to the code official for:
recreational fires, highway safety flares, smudge pots
and similar occupational needs. A person may burn trash,
leaves, brush or grass clippings on property owned,
occupied, or controlled by him in a barrel with a mesh-
type lid or in another facility designed to prevent the
spread of fire.
F-301.3 Permit required: Open burning shall be allowed
after obtaining a permit or other proper authorization
from the code official for recognized silvicultural or
range or wildlife management practices, prevention or
control of disease or pests, heating for warmth of
outworkers, and a bonfire.
F-301.4 Bonfire conditions: A bonfire shall only be
allowed when the conditions of Sections F-301.4 . 1 through
F-301. 4 .3 are met.
F-301.4 .1 Bonfire size and duration: A bonfire shall be
no more than 5 feet (1524 mm) by 5 feet (1524mm) by 5
feet (1524 mm) in dimension and shall burn not longer
than 3 hours. The size and duration of a bonfire shall
. only be increased by the code official when it is
determined that fire safety requirements of the situation
and the desirable duration of burn warrant the increase.
F-301.4.2 Bonfire material: Fuel for a bonfire shall
consist only of seasoned dry firewood and be ignited with
a small quantity of paper unless otherwise approved by
the code official. The fire shall not be used for waste
disposal purposes and the fuel shall be chosen to
minimize the generation of air contaminants.
F-301.4.3 Permit issued: All permits shall be requested
by and issued to the owner of the land upon which the
bonfire is to be kindled.
F-301.5 Notification and permission: Open burning shall
be allowed with prior notification to the code official
and upon receipt of written permission from the
jurisdictional DNR (Department of Natural Resources)
authority, provided that any conditions specified in the
permission are followed for:
(A) Disposal of hazardous or toxic material where the
DNR determines that there is no practical
alternative method of disposal.
(B) Instruction in methods of fire fighting.
(C) Research in control of fires.
(D) Emergency or other extraordinary circumstances for
any purpose determined to be necessary by the DNR.
(E) Disposal of landscape waste other than residential
and agricultural waste.
(F) Recognized agricultural or horticultural management
purposes to maintain or increase the quantity or
quality of agricultural or horticultural production.
(G) When jurisdictional DNR written permission is not
applicable, the code official shall give written
permission only after it has been determined that
approved fire safety requirements and emission
standards are to be met.
F-301.6 Notification: Applications for open burning
shall be submitted in writing before the fire is set and
shall be in such form and contain such information as
required by the code official. Such applications shall
contain, as a minimum, information regarding: the
purpose of the proposed burning, the nature and
quantities of material to be burned, the date when such
burning will take place, and the location of the burning
site.
F-301.7 Location requirements: The location for any open
burning shall be not less than 50 feet (15240 mm) from
any structure and provisions shall be made to prevent the
fire from spreading to within 50 feet (15240 mm) of any
structure. Fires in approved containers shall be
permitted to be not less than 15 feet (4572 mm) from any
structure.
F-301.8 Open burning stipulations: Open burning shall
not be used for waste disposal purposes, shall be of the
minimum size for the intended purpose, and the fuel shall
be chosen to minimize the generation and emission of all
contaminants.
F-301.8.1 Hours of burning: Any open burning permitted
in this article shall occur between the hours of 6: 00
a.m. and 6:00 p.m.
F-301.9 Open burning attendance: Any open burning shall
be constantly attended until the fire is extinguished.
Fire extinguishing equipment shall be available for
immediate use.
F-301.10 Open burning prohibited: The code official
shall prohibit open burning which will be offensive or
objectionable due to smoke or odor emissions when
atmospheric conditions or local circumstances make such
fires hazardous. The code official shall order the
extinguishment, by the permit holder or the fire
department, of any open burning which creates or adds to
a hazardous or objectionable situation.
® (11) Add sections F-318 .1 through F-318. 6:
F-318.1 Obstructing fire hydrants: It shall be unlawful
to, by the erection of a fence, placement of a living,
dead, or imitation plants, or placement of any decorative
device, to obscure from view, damage, deface, obstruct
or restrict the access to any fire hydrant or any fire
department connection for the pressurization of fire
suppression systems, including fire hydrants and fire
department connections that are located in public or
private streets and access lanes, or on private property.
F-318.2 Notice of violation: The code official shall
issue notices of violations of section 318. 1 to any
property owner in violations of said section. The notice
shall contain a description of the material (s) found to
be a violation, a direction to remove the material (s)
within fifteen (15) days after mailing of the notice, and
a copy of section F-318. 3.
F-318.3 Removal of materials: If fifteen (15) days after
mailing the notice the obstructions or encroachments that
constitute a violation of section F-318 . 1 are not
removed, the code official shall remove the same. Any
costs incurred in removing the obstructions or
• encroachments shall be paid from the City treasury on
certificate of the code official and approval of the City
Administrator; and the City Counselor shall institute
appropriate action for the recovery of such costs.
F-318.4 Duty to maintain:_ It shall be the duty of the
owner of the property on which a fire hydrant or fire
department connection for the pressurization of fire
suppression systems is located to maintain the property
surrounding such hydrant or connection in such a manner
as to comply with section F-318. 1.
F-318.5 Hydrant use approval: A person shall not use or
operate any fire hydrant intended for use of the fire
department for fire suppression purposes unless such
person first secures the permission of the code official
and the water company having jurisdiction. This section
shall not apply to the use of such hydrants by a person
employed by, and authorized to make such use by, the
water company having jurisdiction.
F-318.6 Fire hydrant spacing: In the districts
designated RU, RC, RS-1, RS-2, RS-3 , RS-4, RD, RA-1, and
RA-2 by the City zoning ordinance, fire hydrants shall
be six hundred (600) feet apart along any given street,
unless a block between two intersecting streets is longer
than four hundred (400) feet but less than six hundred
(600) feet. In all other districts designated in such
zoning ordinance, fire hydrants shall be three hundred
(300) feet apart along any given street. In an area in
the RU, RC, RS-1, RS-2, RS-3, RS-4 , RD, RA-1, or RA-2
districts which a non-residential use exists, the three
hundred (300) foot spacing requirement shall apply.
F-318.7 Fire Hydrant Construction: Any fire hydrant
installed for private or public use shall conform to the
specifications of the water company having jurisdiction.
Any such hydrant shall be right-hand opening, with two,
two and one-half inch outlets, and one, four and one-half
inch outlets, and shall be supplied by a water main of
sufficient size to provide fire protection.
(12) Add section F-319. 1:
F-319. 1 Sale of fire extinguisher: Fire extinguisher
that do not carry an Underwriter' s Laboratory label and
rating shall not be offered for sale or trade within the
City.
(13) Add section F-320. 1:
F-320.1 Sale of smoke detectors: Smoke detectors that
are not listed in Underwriter's Laboratory, are not
marked with an Underwriter's Laboratory label, or do not
meet Standard 72-E or 74 of the National Fire Protection
Association shall not be offered for sale or trade within
the City.
(14) Delete section F-404 .4 and insert the following in its
place:
F-404.4 Smoke detectors in leased or rental residential
units:
(A) Generally: Approved, operable smoke detectors shall
be installed by the owner in all existing leased or
rental residential units.
(B) Location: Each dwelling unit shall have a minimum
of one (1) smoke detector per level, installed in
accordance with manufacturer's specifications.
(C) Power Source: Smoke detectors may be battery
operated.
(D) Standards: Smoke detectors or systems shall be
listed by Underwriters Laboratory or an equal
testing agency and so marked by the testing agency
for its intended use. All components and material
will be used and installed in accordance with
manufacturer's specifications, the testing agency
listing, the National Fire Protection Associations's
Standard 74, "Household Fire Alarm Equipment, " or
Standard 72-E "Automatic Fire Detectors, " and the
Jefferson City BOCA Building Code.
(E) Time for Compliance in Existing Buildings: All
buildings existing on July 1, 1987, or upon which
• construction has commenced prior to July 1, 1987,
shall be in full compliance by September 1, 1987 .
(F) Duties:
(1) It shall be the duty of the owner of every
building regulated by this section to provide
an approved, operable smoke detector system in
accordance with the provisions of this
ordinance. The owner shall also ensure that
the system is operable whenever turnover occurs
in owner's rented or leased units.
(2) It shall be the obligation of the occupant of
every dwelling unit within every dwelling and
apartment house regulated by this section to
maintain the smoke detectors within the
dwelling unit provided as part of the
building's smoke detector system; except that
this provision shall not apply to hotels,
motels and inns, lodging and boardinghouses.
This provision is not intended to provide a
cause of action for the owner if the occupant
fails to maintain the smoke detectors.
(3) It shall be the duty of every owner of a
• building regulated by this section, except
lodging houses, boardinghouses, hotels, motels
and inns, to file with the codes administrator
a statement of compliance that the building has
smoke detectors and that the owner will be
inclusion in the lease agreement, by the means
of attachment to a contract or public posting,
provided notice to the occupants of the duties
of both occupants and the owner.
(4) It shall be the duty of every owner of a
lodging house, boardinghouse, hotel, motel or
inn to file with the codes administrator a
statement that the structure is equipped with
an approved smoke detector system, that the
system is operable, and that a notice is posted
in each room of the same. The notice shall be
designed to inform the occupants of the owner's
duty to provide and maintain an operable smoke
detector system.
(G) Noncomplying Units: No owner, realtor, property
management firm, or any other person shall lease or
rent any residential unit that is not in compliance
with the provisions of this section.
(15) Add section F-3500. 1:
F-3500. 1 Referenced standards: Appendix A of the BOCA
Basic/National Fire Prevention Code/1987 shall be
considered a full part of this code.
Section 3 . Validity. The City Council hereby declares that
should any section, paragraph, sentence, or word of this ordinance
or of the code hereby adopted be declared for any reason to be
invalid, it is the intent of the City Council that it would have
passed all other portions of this ordinance independent of the
elimination here from of any such portion as may be declared
invalid.
Section 4. ReReal. Ordinance 10670 of the City of Jefferson,
Missouri, is hereby repealed.
Section 5. Section 12-42 of the Code of the City, of
Jefferson, Missouri, is hereby repealed, and a new section is
enacted in lieu thereof, to read as follows:
Section 12-42. Adoption of BOCA BasicZNational Fire
Prevention Code 1987 Edition. The BOCA Basic/National fire
Prevention Code/1987 , published by the Building Officials and
Code Administrators International, Inc. , is hereby adopted,
and incorporated herein by reference, as the Fire Prevention
Code of the City of Jefferson, with the additions, insertions,
deletions and changes contained in Ordinance No.
Section 6. Section 27-7 (d) , (e) and (g) of the Code of the
City of Jefferson, Missouri, are hereby repealed.
• Section 7. copies in city clerk's Office; Three copies of
this Ordinance and the BOCA Basic/National Fire Prevention
Code/1987 shall be kept on file in the office of the City Clerk,
and there kept available for public use, inspection and
examination.
Section 8. Effective Date: This ordinance shall be in full
force and effect from and after its passage and approval.
Passed Approved -�`�—��
sid officer ayor
ATTEST:
City Clem
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