[Ord. No. 17-02-08 § 2, 2-21-2017; Ord.
No. 22-02-08, 2-22-2022]
A.
Except for exceptions provided herein a person, firm or corporation
may not conduct, cause, permit or allow, aid, abet or set a fire resulting
in open burning of refuse and/or yard waste (include leaves, grass,
and other yard debris.).
Exceptions.
1.
The open burning in land clearing operations, commercial and
non-commercial collection operations. Open burning of tree trunks,
tree limbs, and vegetation from land clearing operations is allowed.
If the nearest occupied structure is within two hundred (200) yards
of the burn area an air curtain incinerator must be used. Any burning
that creates a health hazard, nuisance or produces smoke that impairs
visibility for those operating motor vehicles or airplanes is prohibited.
2.
Burning by fires set in connection with agricultural operations
relating to the growing or harvesting of crops, and for this purpose
only; provided, however, materials such as tires or used oil may not
be used to start the fires or be burned in the fires. Any burning
that creates a health hazard, nuisance or produces smoke that impairs
visibility for those operating motor vehicles or airplanes is prohibited.
Botanical nursery operations shall not be considered agricultural
operation.
3.
The burning of gaseous trade wastes, refinery or industrial
chemical safety flares, and full smokeless tip combustion, steam addition,
or other flare smoke control methods approved by the Missouri Department
of Natural Resources having been first obtained and used, and the
emissions be not of a shade or density in violation of applicable
State law and valid regulations.
4.
Recreational Fires. An outdoor fire burning materials other
than rubbish and yard waste where the fuel being burned is not contained
in an incinerator, outdoor fireplace, barbecue grill or barbecue pit
and has a total fuel area of three (3) feet or less in diameter and
two (2) feet or less in height for pleasure, religious, ceremonial
cooking warmth or similar purposes.
5.
Outdoor Fireplace. A non-combustible container not to exceed
thirty-six (36) inches in height or diameter, covered with a wire
screen of one-half (1/2) inch or smaller mesh, or other suitable non-combustible
cover so as to prevent pieces or particles from blowing away.
B.
Permit Required. A permit shall be obtained from the fire code official
in accordance with this Section and Section 105 of the 2018 Edition
of the International Fire Code.
1.
All applications for open burning permits shall submit to the
fire code official a permit fee as established in Title I, Appendix
A, Schedule of Fees.
C.
2018 International Fire Code Regulations. The following language
of the 2018 Edition of the International Fire Code referring to open
burning, recreational fires and portable outdoor fireplaces is set
out as follows.
1.
105.6.32 Open Burning. An operational permit is
required for the kindling or maintaining of an open fire or a fire
on any public street, alley, road, or other public or private ground.
Instructions and stipulations of the permit shall be adhered to.
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Section 307 Open Burning, Recreational Fires and Portable
Outdoor Fireplaces.
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2.
307.1 General. A person shall not kindle or maintain
or authorize to be kindled or maintained any open burning unless conducted
and approved in accordance with Sections 307.1.1 through 307.5.
3.
307.1.1 Prohibited Open Burning. Open burning shall
be prohibited when atmospheric conditions or local circumstances make
such fires hazardous.
Exception: Prescribed burning for the purpose of
reducing the impact of wildland fire when authorized by the fire code
official.
4.
307.2 Permit Required. A permit shall be obtained
from the fire code official in accordance with Section 105.6 prior
to kindling a fire for recognized silvicultural or range or wildlife
management practices, prevention or control of disease or pests, or
a bonfire. Application for such approval shall only be presented by
and permits issued to the owner of the land on which the fire is to
be kindled.
5.
307.2.1 Authorization. Where required by State
or local law or regulations, open burning shall only be permitted
with prior approval from the State or local air and water quality
management authority, provided that all conditions specified in the
authorization are followed.
6.
307.3 Extinguishment Authority. Where open burning
creates or adds to a hazardous situation, or a required permit for
open burning has not been obtained, the fire code official is authorized
to order the extinguishment of the open burning operations.
7.
307.4 Location. The location for open burning shall
be not less than fifty (50) feet (15,240mm) from any structure, and
provisions shall be made to prevent the fire from spreading to within
fifty (50) feet (15,240mm) of any structure.
Exceptions:
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1.
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Fires in approved containers that are not less than fifteen
(15) feet (4,572 mm) from a structure.
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2.
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The minimum required distance from a structure shall be twenty-five
(25) feet (7,620mm) where the pile size is three (3) feet (914 mm)
or less in diameter and two (2) feet (610 mm) or less in height.
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8.
307.4.1 Bonfires. A bonfire shall not be conducted
within fifty (50) feet (15,240 mm) of a structure or combustible material
unless the fire is contained in a barbecue pit. Conditions that could
cause a fire to spread within fifty (50) feet (15,240 mm) of a structure
shall be eliminated prior to ignition.
9.
307.4.2 Recreational fires. Recreational fires
shall not be conducted within twenty-five (25) feet (7,620 mm) of
a structure or combustible material. Conditions that could cause a
fire to spread within twenty-five (25) feet (7,620 mm) of a structure
shall be eliminated prior to ignition.
10.
307.4.3 Portable Outdoor Fireplaces. Portable outdoor
fireplaces shall be used in accordance with the manufacturer's
instructions and shall not be operated within fifteen (15) feet (3,048
mm) of a structure or combustible material.
Exception: Portable outdoor fireplaces used at
one- and two-family dwellings.
11.
307.5 Attendance. Open burning, bonfires, recreational
fires and use of portable outdoor fireplaces shall be constantly attended
until the fire is extinguished. Not fewer than one (1) portable fire
extinguisher complying with Section 906 with a minimum 4-A rating
or other approved on-site fire-extinguishing equipment, such as dirt,
sand, water barrel, garden hose or water truck, shall be available
for immediate utilization.
[Ord. No. 22-02-08, 2-22-2022]
A.
The following language of the 2018 Edition of the International Fire
Code referring to fireworks is set out as follows:
1.
FIREWORKS
1.
2.
FIREWORKS DISPLAY
Definitions. As used in this Chapter,
the following terms shall have the meanings indicated:
Any composition or device for the purpose of producing a
visible or an audible effect for entertainment purposes by combustion,
deflagration or detonation that meets the definition of 1.4G fireworks
or 1.3G fireworks as set forth herein.
FIREWORKS, 1.4GSmall fireworks devices containing restricted amounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion. Such 1.4G fireworks which comply with the construction, chemical composition and labeling regulations of the DOTn for Fireworks, UN 0336, and the U.S. Consumer Product Safety Commission as set forth in CPSC 16 CFR Parts 1500 and 1507, are not explosive materials for the purpose of this code.
FIREWORKS, 1.3GLarge fireworks devices, which are explosive materials, intended for use in fireworks displays and designed to produce audible or visible effects by combustion, deflagration or detonation. Such 1.3G fireworks include, but are not limited to, firecrackers containing more than one hundred thirty (130) milligrams (2 grains) of explosive composition, aerial shells containing more than forty (40) grams of pyrotechnic composition and other display pieces which exceed the limits for classification as 1.4G fireworks. Such 1.3G fireworks are also described as Fireworks, UN 0335, by DOTn.
A presentation of fireworks for a public or private gathering.
2.
5601.1.3 fireworks. The possession, manufacture,
storage, sale, handling and use of fireworks are prohibited.
Exceptions.
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1.
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Storage and handling of fireworks as allowed in Section 5604.
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2.
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Manufacture, assembly and resting of fireworks as allowed in
Section 5605.
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3.
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The use of fireworks for fireworks displays as allowed in Section
5608.
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4.
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The possession, storage, sale, handling and use of specific
types of Division 1.4G fireworks where allowed by applicable laws,
ordinances and regulations, provided that such fireworks and facilities
comply with NFPA 1124, CPSC 16 CFR Parts 1500 and 1507, and DOTn 49
CFR Parts 100-185, as applicable for consumer fireworks.
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3.
Section 5608 Fireworks Display.
1.
5608.1 General. Outdoor fireworks displays, use of pyrotechnics
before a proximate audience and pyrotechnic special effects in motion
picture, television, theatrical and group entertainment productions
shall comply with Sections 5608.2 through 5608.10 and NFPA 1123 or
NFPA 1126.
2.
5608.2 Permit application. Prior to issuing permits
for a fireworks display, plans for the fireworks display, inspections
of the display site and demonstrations of the display operations shall
be approved. A plan establishing procedures to follow and actions
to be taken in the event that a shell fails to ignite in, or discharge
from, a mortar or fails to function over the fallout area or other
malfunctions shall be provided to the fire code official.
a.
Outdoor fireworks permit fee.
(1)
All applications for outdoor fireworks displays shall submit
to the fire code official a permit fee as established in Title I,
Appendix A, Schedule of Fees.
(a)
The applicant receiving a permit for outdoor fireworks displays,
in addition to the permit fee, shall submit an outdoor fireworks site
cleanup fee as established in Title I, Appendix A, Schedule of Fees.
The full amount of the deposit will be refunded to the permit holder
upon successful demonstration to the fire code official that he/she
has with seven (7) days of the outdoor fireworks display cleaned the
permitted location of trash, litter, debris, signs and temporary structures.
b.
5608.2.1 Outdoor fireworks displays. In addition to
the requirements of Section 403, permits applications for outdoor
fireworks displays using Division 1.3G fireworks shall include a diagram
of the location at which the fireworks display will be conducted,
including the site from which fireworks will be discharged; the location
of buildings, highways, overhead obstructions and utilities; and the
lines behind which the audience will be restrained.
c.
5608.2.2 Use of pyrotechnics before a proximate audience. Where the separation distances required in Section 5608.4 and NFPA
1123 are unavailable or cannot be secured, fireworks displays shall
be conducted in accordance with NFPA 1126 for proximate audiences.
Applications for use of pyrotechnics before a proximate audience shall
include plans indicating the required clearances for spectators and
combustibles, crowd control measures, smoke control measures and requirements
for standby personnel and equipment where provision of such personnel
or equipment is required by the fire code official.
3.
5608.3 Approved fireworks displays. Approved fireworks
displays shall include only the approved fireworks 1.3G, fireworks
1.4G, fireworks 1.4S and pyrotechnic articles 1.4G, which shall be
handled by an approved, competent operator. The approved fireworks
shall be arranged, located, discharged and fired in a manner that
will not pose a hazard to property or endanger any person.
4.
5608.4 Clearance. Spectators, spectator parking areas,
and dwellings, buildings or structures shall not be located within
the display site.
Exceptions:
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1.
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This provision shall not apply to pyrotechnic special effects
and fireworks displays using division 1.4G materials before a proximate
audience in accordance with NFPA 1126.
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2.
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This provision shall not apply to unoccupied dwellings, buildings
and structures with the approval of the building owner and the fire
code official.
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5.
5608.5 Storage of fireworks at display site. The storage
of fireworks at the display site shall comply with the requirements
of this Section and NFPA 1123 or NFPA 1126.
a.
5608.5.1 Supervision and weather protection. Beginning
as soon as fireworks have been delivered to the display site, they
shall not be left unattended.
b.
5608.5.2 Weather protection. Fireworks shall be kept
dry after delivery to the display site.
c.
5608.5.3 Inspection. Shells shall be inspected by the
operator or assistants after delivery to the display site. Shells
having tears, leaks, broken fuses or signs of having been we shall
be set aside and shall not be fired. Aerial shells shall be checked
for proper fit in mortars prior to discharge. Aerial shells that do
not fit properly shall not be fired. After the fireworks display,
damaged, deteriorated or dud shells shall either be returned to the
supplier or destroyed in accordance with the supplier's instructions
and Section 5604.10.
Exception: Minor repairs to fuses shall be allowed.
For electrically ignited displays, attachment of electric matches
and similar tasks shall be allowed.
d.
5608.5.4 Sorting and separation. After delivery to the
display site and prior to the fireworks display, all shells shall
be separated according to their size and their designation as salutes.
Exception: For electrically fired displays, or
displays where all shells are loaded into mortars prior to the show,
separation of shells according to their size or their designation
as salutes is not required.
e.
5608.5.5 Ready boxes. Display fireworks, 1.3G that will
be temporarily stored at the site during the fireworks display shall
be stored in ready boxes located upwind and not less than twenty-five
(25) feet (7,620 mm) from the mortar placement and separated according
to their size and their designation as salutes.
Exception: For electrically fired fireworks displays,
or fireworks displays where all shells are loaded into mortars prior
to the show, separation of shells according to their size, their designation
as salutes or for the use of ready boxes is not required.
6.
5608.6 Installation of mortars. Mortars for firing fireworks
shells shall be installed in accordance with NFPA 1123 and shall be
positioned so that shells are propelled away from spectators and over
the fallout area. Mortars shall not be angled toward the spectator
viewing area. Prior to placement, mortars shall be inspected for defects,
such as dents, bent ends, damaged interiors and damaged plugs. Defective
mortars shall not be used.
7.
5608.7 Handling. Aerial shells shall be carried to mortars
by the shell body. For the purpose of loading mortars, aerial shells
shall be held by the thick portion of the fuse and carefully loaded
into mortars.
8.
5608.8 Fireworks display supervision. Whenever in the
opinion of the fire code official or the operator a hazardous condition
exists, the fireworks display shall be discontinued immediately until
such time as the dangerous situation is corrected.
9.
5608.9 Post-fireworks display inspection. After the
fireworks display, the firing crew shall conduct an inspection of
the fallout area for the purpose of locating unexploded aerial shells
or live components. This inspection shall be conducted before public
access to the site shall be allowed. Where fireworks are displayed
at night and it is not possible to inspect the site thoroughly, the
operator or designated assistant shall inspect the entire site at
first light.
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A report identifying any shells that fail to ignite in, or discharge
from, a mortar or fail to function over the fallout area or otherwise
malfunction, shall be filed with the fire code official.
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10.
5608.10 Disposal. Any shells found during the inspection
required in Section 5608.9 shall not be handled until not less than
fifteen (15) minutes have elapsed from the time Any shells found during
the inspection required the shells were fired. The fireworks shall
then be doused with water and allowed to remain for not less than
five (5) additional minutes before being placed in a plastic bucket
or fiberboard box. The disposal instructions of the manufacturer as
provided by the fireworks supplier shall then be followed in disposing
of the fireworks in accordance with Section 5604.10.
[Ord. No. 17-02-08 § 1, 2-21-2017]
A.
No person shall within the City sell, offer for sale, expose for
sale, use, possess, discharge or explode any form of fireworks except
as follows:
1.
It shall be unlawful for any person to use or discharge any "bottle rockets" or "sky lanterns" as defined in Section 660.010, within any part of the City.
2.
It shall be unlawful for any person to use, ignite or discharge
any fireworks within any part of the City when the Fire Chief has
determined that open burning is prohibited due to atmospheric conditions
or local circumstances.
3.
It shall be unlawful for any person to use, ignite or discharge
any fireworks within any of the following areas in the City:
a.
Within twenty-five (25) feet of any building or structure.
b.
Within six hundred (600) feet of any church, hospital, medical
facility, asylum, public school, library or day care facility or within
three hundred (300) feet of a structure, stand or tent where fireworks
are stored, sold or offered for sale.
c.
Within or throw the same from a motor vehicle, or place or throw
the same into or at a motor vehicle, or at or near any person or group
of people.
d.
Within three hundred (300) feet of any gasoline pump, gasoline
filling station or any non-permanent structure where fireworks are
stored, sold or offered for sale; or within three hundred (300) feet
of any structure which is marked according to the National Fire Protection
Association's Hazardous Material Identification System as "flammable"
or "water reactive."
4.
1.4G Fireworks may only be used, ignited and/or discharged on
private property with the permission of the landowner.
5.
1.4G Fireworks may only be used, ignited and/or discharged by
persons sixteen (16) years of age or older, unless the person is accompanied
by a parent or legal guardian.
6.
1.4G Fireworks may only be used, ignited and/or discharged at
the following times:
7.
Any person who violates any provision of this Section shall,
upon conviction thereof, be fined a sum of not less than fifty dollars
($50.00) nor more than five hundred dollars ($500.00), or by imprisonment
in the City Jail for a term not exceeding ninety (90) days, or by
both such fine and such imprisonment. Each instance of unlawful use
or discharge shall constitute a separate offense and shall be punishable
as such hereunder.
B.
This Section does not apply to the sale or use of fireworks for pyrotechnic displays under a permit from the City pursuant to Subsection (C); nor to the sale or use of blank cartridges for theatrical purposes, signal purposes in athletic contests or sport events, or to militia, Police or military organizations, or to any sale of fireworks by a licensed seasonal retailer selling 1.4G consumer fireworks pursuant to Chapter 660 of the Municipal Code.
C.
The Fire Chief may issue permits for pyrotechnic displays to officials
in charge of public parks and civic or public organizations for City
sponsored community wide events if he/she is satisfied that the public
safety will not be endangered by such display.
