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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 f'.