HomeMy Public PortalAboutORD15702 BILL NO. 2017-43
SPONSORED BY COUNCILMAN Prather
ORDINANCE NO. I S-109�1
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY
CODE, CHAPTER 13, SECTION 13-42 AND SECTION 13-43 BY REPLACING THE
ADOPTION OF THE INTERNATIONAL FIRE CODE 2009 AND AMENDMENTS TO
THE INTERNATIONAL FIRE CODE 2009 BY ADOPTION OF THE INTERNATIONAL
FIRE CODE 2015.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
Section1. The City Code, Chapter 13 (Fire Prevention and Protection), Section
13-42 (Adoption of International Fire Code 2009), is hereby deleted and the following is
added in lieu thereof:
Sec. 13-42.Adoption of the 2015 International Fire Code
The 2015 International Fire Code published lov the International Code Council,including
appendices B C D I and K is hereby adopted and incorporated herein reference as the Fire
Code of the City of Jefferson,with the additions,insertions,deletions and changes contained within
this ordinance.
(Code 1977,§ 17-11;Ord.No.9398,§ 1,3-3-80;Ord.No. 10670,§ 5,6-16-86,Ord.No. 11158,§ 1,2-13-
89;Ord.No. 11610,§ 5,8-6-91;Ord.No. 14974,§ 1,5-21-2012)
Section 2. The City Code, Chapter 13 (Fire Prevention and Protection), Section
13-43 (Amendments, deletions and insertions), is hereby deleted and the following is
added in lieu thereof:
Sec. 13-43.Amendments to the 2015 International Fire Code
1. Delete Section 101.1,and insert the following in its1p ace:
101.1 Title: These regulations shall be known as the Fire Code of the City of Jefferson
hereinafter referred to as such or as "this code."
2. Delete Section 103.1 and insert the following in its1p ace:
103.2 Appointment: The fire code official shall be appointed by the City Administrator.
(Ord.No. 14841,§1,9-6-2011)
3. Delete Section 105.1.2 and insert the following in its1p ace:
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Permits Required: Notwithstanding any provisions to the contrary in other sections of this
Code, ep rmits required in any section of this Code shall be procured from the chief of the fire
department unless City Code Chapter 8 lists the subject matter of the ep rmit,in which case the
permit shall be procured from the Building Official or his or her designee.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.(Ord.No. 14829, §7,8-1-2011)
4. Delete Sections 108.1 through 108.3 and insert the following in its1p ace
108.1.Any owner,agent or other ep t to rson shall have the right seek'ud] icial review of a
decision of the code official refusing to grant a modification to the provisions of this code.The
petition for 'udicial review shall be to the circuit court of Cole County as established in Article 536 of
the Revised Statutes of Missouri.
5. Add the following to Section 109.4 Violation Penalties
Penalty for violations: Shall be subject to the penalties set forth in Section 1-13 of the City Code.
6. Add the following to Section 109.4:
109.4.2 Damage to fire department equipment: Any negligent or willful damage to fire
department equipment caused by an person subject to this code shall be punishable by a fine as set
forth in Section 1-13 of the City Code peer occurrence of damage.This fine shall not be construed to
preclude monetary recovery of damages by the City through civil proceedings.
7. Change the last sentence in Section 111.4 to:
"...fine as set forth in Section 1-13 of the City Code."
8. Insert the following in Section 307.
307.6 Allowable burning: Open burning shall be allowed without prior notification to the
code official for: recreational fires,fires used forthe preparation of food,highway safety flares,
smudge pots and similar occupational needs,and fires used for training fire enforcement personnel.
(Ord.No. 11691, § 1, 1-13-92)
307.6.1 Yard Waste: Open burning of leaves,grass clippings,tree limbs,and vegetation
grown on a property is permitted from November 1 of each year through March 1 of the following
year,during daylight hours unless restricted or prohibited under section 307.2.1 by the Code
Official. In the event of an emergency declared by the Mayor,or person acting as such,the City
Administrator may authorize the open burning of yard waste,branches,trees,and other materials he
deems appropriate and under such conditions as he may proscribe.(Ord.No. 15239, §1,3-3-2014)
307.6.2 Theep rson conducting a burn under subsection 307.6.1 shall be the owner of the
Property unless the owner has expressly directed some other person to conduct such burn on the
property.
307.6.3 Adjustment to permissible burning: The burning QEjoLd as specified in 307.6.1 and
307.6.2 above may be adjusted by the Fire Chief for safety reasons provided the total number of days
of the burningperiods shall not be increased. In the event that subsequent to the determination of
the ep riods during which burning is permitted,the Fire Chief invokes a temporary ban during the
period,the Fire Chief may extend the period by the number of days in which the ban is imposed.
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307.6.4 Ceremonial Fires. Bonfires and other fires which do not occur within a designated
device such as a barbeque grill,fireplace,outdoor stove,or outdoor heater,may be conducted only
by permission of the Fire Chief,or his or her designee,and under such conditions as he may impose
for the safety ofep rsons and property.
307.6.5 Notification and permission: Open burning shall be allowed with prior notification to
the Code Official and upon receipt of written permission from Missouri Department of Natural
ResourcesDf NR),—provided that any conditions specified in the permission are followed for:
1. Disposal of hazardous or toxic material where the DNR determines that there is no
practical alternative method of disposal.
2. Instruction in methods of firefighting.
3. Research in control of fires.
4. Emergencv or other extraordinary circumstances for anup rpose determined to be
necessary by the DNR.
5. Disposal of landscape waste resulting from land clearing other than residential and
agricultural waste.
6. Recognized agricultural or horticultural management purposes to maintain or
increase the quantity orua ality of agricultural or horticultural production.
7. 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.
9. Add section 408: Smoke detectors in leased or rental residential units:
1. Applicability. The owner of each residential rental unit shall install smoke detectors
and/or fire suppressions stems prior to the occupancy of said dwelling unit in compliance
with the building and fire codes of the City of Jefferson in effect at the date of occupancy.
2. Date of Installation. The owner of each existing dwelling unit that is not at the
effective date of this subsection required to be protected by a smoke detector or fire
suppressionsystem shall install smoke detectors as required b
2 this subsection within three
months of the effective date of this subsection.
3. Location of Detectors. The owner of each existing dwelling shall install at least one
smoke detector within each'sleepingarea. In all dwelling units,the owner shall install a
smoke detector outside the bedrooms unless an efficiency apartment),within the immediate
vicinity of the sleeping area (s). An owner subiect-to this subsection shall install each smoke
detector on the ceiling at a minimum of four inches from the side wall to the near edge of the
detector or on a wall located four to twelve inches from the ceiling to the top of the detector
and within fifteen feet of all rooms used for sleeping purposes,with not less than one
detector per level containing a habitable room and in the basement or cellar. The smoke
detector shall not be installed in dead air space,such as where the ceiling meets the wall.
Where one or more sleeping areas are located on a level above the cooking and living area,
the smoke detector for such sleeping areas shall be1p aced at the.top of the stairway. An
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owner shall also install not less than one smoke detector on the uppermost ceiling,not less
than four inches from any wall,or on a wall,located four to twelve inches from the
uppermost ceiling of all interior stairwells. For good cause shown,the Fire Chief or his or
her designated department representatives may modify the location requirements of this
subsection.
4. Type of Detector. The owner shall install a smoke detector which is capable of
sensing visible or invisible particles of combustion and emitting an audible signal and may
be hard wired directly to the building power supply with battery backup,or may be
powered bv self-monitored battery only if not technically feasible to install hard wired units
in existing units. The smoke detector shall comply with all the specifications of the
Underwriters Laboratories,Inc.Standard UL217 Standard for Safety-Single and Multiple
Stations Smoke Detectors 2nd Edition October 4,1978 as revised May 19,1983 or any
recognized standard laboratory testing that certifies the detector meets the requirement of
National Fire Protection Association NFPA Standards 72E and 74. Smoke detectors shall
bear the label of a nationally recognized standards testing laboratory that indicates that the
smoke detectors have been tested and listed under the requirement of UL217 2nd Edition or
NFPA 72E and 74.
5. Duties of Owner and Occupant. It shall be the responsibility of the owner to supply
and install on a continuing basis all required detectors. The owner shall be responsible for
testing and maintaining detectors in common stairwells. It shall be the responsibility of the
tenant toru ovide and maintain functional batteries after initial installation for each
detector,to test and maintain detectors within dwelling units,and to notify the owner or
authorized agent in writing of any deficiencies. The owner shall be responsible for providing
each tenant with written information regarding detector testing and maintenance.
The owner shall provide notice to the occupant of the respective duties of theap rties and the
potential penalties for violation of the subsection. The owner shall either:
1. Post a notice which is 8 1/2 inches by 11 inches or larger inside the rental
unit in a conspicuous space,or
2. Include a notice provision in the lease agreement,or
3. Provide notice in separate agreement or addendum to lease
If the owner chooses to out the notice in the lease or in a separate agreement,the notice shall
be in at least 14 point tyre. The notice shall be prepared in duplicate and shall be jiga d and
dated by the occupant. One copv shall be gjM to the occupant and one copy shall be kept
on file by the owner and this copy shall be available for inspection bv the Fire Chief or his or
her agent between 9 a.m.and 4 p.m.Monday through Friday. At a minimum the notice
shall include the items as set out in the following:
NOTICE OF DUTIES OF OWNER AND OCCUPANT RELATING TO
SMOKE DETECTORS
ORDINANCES OF THE CITY OF JEFFERSON REQUIRE THE
FOLLOWING OF THE OWNER AND_OCCUPANT OF THIS RENTAL
UNIT•
OWNER
THE OWNER SHALL SUPPLY AND INSTALL ALL REQUIRED
DETECTORS.
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THE OWNER SHALL MAINTAIN AND TEST ALL DETECTORS IN
COMMON STAIRWELLS.
THE OWNER SHALL PROVIDE OCCUPANT WITH WRITTEN
INFORMATION REGARDING DETECTOR TESTING AND
MAINTENANCE.
OCCUPANT
THE OCCUPANT SHALL PROVIDE AND MAINTAIN BATTERIES FOR
THE DETECTORS.
THE OCCUPANT SHALL TEST AND MAINTAIN DETECTORS WITHIN
DWELLING UNITS.
THE OCCUPANT SHALL NOTIFY OWNER IN WRITING IN CASE OF
DEFICIENCY OF DETECTOR.
PENALTY
IT IS UNLAWFUL FOR ANY PERSON TO REMOVE BATTERIES OR IN
ANY WAY MAKE SMOKE DETECTORS INOPERABLE.
VIOLATION OF THIS ORDINANCE MAY BE PUNISHABLE BY A FINE
NOT EXCEEDING$500.00 OR IMPRISONMENT FOR A PERIOD NOT
EXCEEDING THREE MONTHS.
6. Enforcement and Inspection. The Fire Chief or his or her designated department
representatives shall have jurisdiction to inspect dwelling units for the installation of any
smoke detector required to be installed under this subsection or an other ordinance. Said
inspections may be held during reasonable daylight hours. If a unit is found to be in
noncompliance,owner shall be notified that he or she has 48 hours to get the unit in
compliance. Notice of noncompliance to the occupant of the unit shall beop sted inside the
unit. If after 48 hours the building is still not in compliance it shall beon sted as
uninhabitable and shall remain soop sted until reinspected for full compliance with this
subsection.
7. Tampering. It shall be unlawful for anep rson to remove batteries or in any way
make smoke detectors inoperable.
8. Noncomplying Units. It shall be unlawful for an owner to lease a noncomplying
unit.
9. Penal _A violation of this code shall be punishable by the standard penalty
authorized in Section 1-13 of the Code of the City of Jefferson (Ord.No. 11704, § 1,2-3-92)
10. Add section 503.1.2.1: Fire Lanes
1.The Fire Chief may designate fire lanes on private and public property. Fire lanes may be
established on driveways and access roads required b City Code sections applicable to the property
in question,provided that fire lanes may not be established on property containing one-or two-
family residential dwellings.
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2. Upon notice by the Fire Chief of designation of a fire lane,it shall be the duty of the
owner,occupant,or his agent,of the premises upon which the fire lane has been designated,to
identify the location of fire lane on the owner's property.
11. Add Section 503.3.1
1. The fire lane shall be identified h 1p acing a sign at each end of the fire lane in accordance
with section 503.1 and h marking the pavement and/or curb in accordance with 503.3.2. The Fire
Chief mayep rmit the property owner to designate by only one of those methods if he finds there is a
hardship in identification by both methods.
2. If a property owner disagrees with the determination of the Fire Chief as to the location
of the Fire Lane or determination on a request for a hardship,the property owner may seek'ud� icial
review of the decision to the Circuit Court pursuant to Chapter 536 of the Revised Statutes of
Missouri.
3. 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 orely low,
stating"NO PARKING_FIRE LANE".
4. The signs described in subsection 3 of this section shall beop sted in the following manner:
1. At each end of a fire lane which exceeds thirty(30)feet inlength with signs that
can be read from each direction;
2. Midway between the ends of a fire lane less than thirty(30)feet in length with the
signs to beop sted to the right of the traffic way and to be legible from the
roadway.
12. Add Section 503.3.2
1. Curbs or pavement if there are no curbs in a fire lane shall beaip nted with a stripe at
least three(3)inches wide.
2. The paint to be used in complying with subsection 1 of this section shall beely low or red
in color.
3. Theey llow or red striping marking a fire lane shall not be a part of and shall be
distinctly different from,any other restrictedap rking striping used in the area of the fire
lane.
4. The curb or pavement shall include a rectangular shape with a white or red letters stating
"NO PARKING-FIRE LANE ".
13. Substitute the following for Section 507.5.1
Fire hydrantspacing: In the districts designated RU,RC,RS-1,RS-2,RS-3,RS-4,RSD RA-1,
and RA-2 h the City zoning ordinance,fire hydrants shall be six hundred(600)feet apart along any
ig ven 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 anyig ven street.In an area in the RU,RC,
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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.
14. Add sections to 507.5.2 through 507.5.4.7:
507.5.2.1 Hydrant use approval: Aep rson shall not use or operate anv fire hydrant
intended for use of the fire department for fire suppression purposes unless suchep rson first
secures the permission of the code official and the water company havinlZ jurisdiction.This
section shall not apply to the use of such hydrants by a Person employed bv,and authorized to
make such use hL the water company having jurisdiction.
507.5.4.1 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 an
Lire department connection for the pressurization suppressionsystems,including fire hydrants
and fire department connections that are located in public or private streets and access lanes,
or on private property.
507.5.4.2 Notice of violation: The code official shall issue notices of violations of
section 507.5.4 to any property owner in violations of said section.The notice shall contain a
description of the materials)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 507.4.
507.5.4.3 Removal of materials: Obstructions or encroachments that constitute a
violation of 507.5.4 are declared to be a nuisance and may be abated as set forth in Chapter 21
of the City Code.
507.5.4.4 Dutv to maintain: It shall be the duty of the owner oft
he property on which
a fire hydrant or fire department connection for the pressurization_suppressions sy tems is
located to maintain the property surrounding such hydrant or connection in such a manner as
to comply with section 507.5.4.
507.5.6 Fire Hydrant Construction: Any fire hydrant installed forrp ivate or public
use shall conform to the specifications of the water company havin2 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 bv a water main of sufficient size torp ovide
fire protection.
15. Add section 806.6
806.6 Exterior Combustible Landscape Mulch Materials: E ress doors shall be free
of combustible materials for a minimum distance of 20 feet from the centerline of the
entrance. This applies to new construction and remodels.
16. Add section 906.11:
906.11 Portable Fire Extinguishers: Fire extinguishers shall meet or exceed Factory
Mutual Global or Underwriter's Laboratory specifications.
17. Add Section 5607.16 through 5607.24
5607.16 Permit Application: Application will be submitted five 150 working days in
advance before a blastingen rmit will be issued. Permit applicants shall provide:
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1. Plan explaining an estimated number of blasts and when the Job is projected to
be completed.
2. A site plan indicating location and number of magazines.
a. Bunkers,if required
b. Distance to adiacent buildings and/or structures
c. Material Safetv Data Sheets shall be provided for all materials used on
the Job site.
d. Documentation of blasters certification.
3. A blasting contractor failing to apply for blastingep rmits or found blasting
without a permit will be subject to fines as set forth in Section 1-13 of the City Code,plus the
cost of a blastingep rmit.
4. Blasting contractors willrp ovide one of the following to the fire department.
A. Approved site plan.
IL. Approvedrg adingep rmit and/or approved buildingpermit.
5607.17 Certification: Blasters Certification shall be required of all blasters. All
blasters must obtain certification as a blaster from the Missouri Limestone Producers
Association IMLPAI or equivalent. All blasters certification will be provided to the Fire
Department and kept on file.
5607.18 Insurance:The blasting contractor shall provide a"Certificate of
Insurance"for special blasting liability insurance coverage,in the amount of not less than
Three million dollars)•$3,000,000.001. Certificate of Insurance shall show the"City of
Jefferson"as a"Certificate Holder".
5607.19 Signage: Proper signage shall be set on all streets,roads or highways
declaring"Blasting Area"and"Shut Off Two-way Radios" not applicable when non-
electric caps are RaLdh within five hundred51 001 feet of the blast site.
5607:20 Seismographs: Minimum of one JE seismograph shall be on all blasting
sites. Additional seismographs may be required by the Fire Official. Seismic readings shall
not exceed 1.5PS lingLh per second]. Sound levels shall not exceed 130 db at the Seismic site.
Seismic readings and copies of blasting logs shall be kept on record by the blasting
contractor for one year for review if necessary by the fire official.
5607.21 Pre-Blast Surveys: Blasters shall conduct a pre-blast survey when blasting
within three hundred31 001 feet of any habitable structure,well,road,street or highway.
5607.22 Written Notice: Written notice shall be delivered to all property
owner/managers within pre-blast survey area. Notice shall contain: Blasting contractor's
name,address and phone number,beginning and ending dates,approximate blasting times,
blasting location and party for whom work is being done. Written notice will be delivered
five 151 days in advance before blasting.
5607.23 Warnings/Blasting:
1. The blasting contractor shall be responsible for insuring that the area is visually
inspected and made clear ofep ople and/or animals.
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2. Warnings shall be sounded as follows:
L. Three a five1st to ten 1101 second soundings from a siren,air horn or other
approved warning device,with minimum sound level of 125 db at one hundred
11001 feet,shall be sounded.
4. Wait a full thirty 1301 seconds.
5. Sound another five JE to ten 1101 second sounding.
6. Immediately followed by a voice command from an amplified bullhorn,or
equivalent.
7. Detonationshall follow.
8. An"all clear",voice command shall beig yen after blast and when blast area is
safe to enter for inspection.
5607.24 Permit Fee: Permit fee for blasting within the City of Jefferson will be as
specified in Appendix Y of the City Code of the City of Jefferson.
18. Add Section 5610: GENERAL
5610.1 Scope: The manufacture,sale and use of fireworks is prohibited within the
jurisdiction. The display or discharge of fireworks shall comply with the requirements of this article.
5610.2 Permit required: Aep rmit shall be obtained from the Jefferson City Fire Department
for the display or discharge of fireworks,except for activity allowed under Sec.5610.
5610.3 Permit applications: Application forep rmits shall be made in writing at least 15 days
in advance of the date of the display or discharge of fireworks. The possession and.use of fireworks
for such display shall be lawful under the terms and conditions approved with theep rmit and for
such display shall be lawful under the terms and conditions approved with—permit and for that
purpose onliv. Aep rmit ranted hereunder shall not be transferable,not shall any suchep rmit be
extended beyond the dates set out therein.
19. Add Section 5611: USE,DISPLAY AND DISCHARGE
5611.1 General: It shall be a violation of this code for anyep rson to store,use or explode any
fireworks,except as provided in the rules and regulations issued by the Jefferson City Fire
Department for the granting ofep rmits for supervised public displays of fireworks hy the
jurisdiction,fair associations,amusement parks and other organization. Every such public display
and private non-projectile fireworks display shall be supervised byan adultep rmit holder and shall
be handled by an approved,competent operator. The fireworks shall be arranged,located,
discharged or fired in a manner that,in the opinion of the Jefferson City Fire.Department,will not
be a hazard to the Proi)erty or endanger anyen rson.
5611.2 Bond for display: The permittee shall furnish a bond in an amount deemed adequate
by the Jefferson City Fire Department for the payment of all damages which may be caused either to
aep rson oreu rsons or to propertyb
Areason of the permitted display,and arising from any acts of
the permittee,the permittee's agents,employees or subcontractors.
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5611.2.1 Disposal of unfired fireworks: Unfired fireworks and trash that remain after the
display is concluded shall be immediately disposed of in an approved,safe manner.
5611.3 Exemptions: Nothing in this article shall be construed toru ohibit any wholesaler,
dealer or gobbe to sell at wholesale such fireworks as are not herein prohibited,or the sale of any
kind of fireworks provided the same are to be shipped directly out of state,or the use of fireworks by
railroads or other transportation agencies for signal purposes or illumination,or the sale or use of
blank cartridges for a show or theater,or for signal or ceremonial purposes in athletics or sports,or
for use hy military organizations. Such wholesalers,dealers and 'o� bbers shall store their supplies of
fireworks in accordance with Chapter 56.
5611.4 Seizure of fireworks: The Jefferson City Fire Department shall seize,take,remove or
cause to be removed at the expense of the owner,all stocks of fireworks that are offered or exposed
for display or sale,or are stored or held in violation of this article.
20. Add Section 5612.
5612.Permitted Possession and Uses. Notwithstanding any other provisions of section 5608,
the following shall be permitted.-
1. Possession and use of Class D fireworks.
2. Transportation of fireworks through the City.
3: Possession and use of Class C fireworks onrip vate property of five acres or more.
All permitted uses of fireworks under this section must occur from June 15th through July
8th,or December 31st through January 1st,and within the hours of 8 a.m.and10 p.m.,except for
the 4th of July and New Year's Eve when the hours will be extended until midnight.
(Ord.No. 14974, §1,5-21-2012)
Section 3. This Ordinance shall be in full force and effect from 60 calendar days
after the date of its passage and approval.
Passed: 4�41AM �-j 4 OW/� Approved: A4.0 , o�a
Presiding Officer Mayor Carrie Tergin
ATTEST:: APPROVED AS TO FORM:
V, ,
-61)m
Ity Clerk Ci C nselor
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