[R.O. 2008 §230.010; Ord. No. 6442 §1, 12-12-2001; Ord. No. 7015 §1, 5-12-2008; Ord. No. 7642 §1, 7-14-2014; Ord. No. 8186, 6-10-2019]
A.
In
order to regulate and govern the safeguarding of life and property
from fire and explosion hazards arising from the storage, handling
and use of hazardous substances, materials and devices, and from conditions
hazardous to life or property in the occupancy of buildings and premises,
and to provide for the issuance of permits for hazardous uses or operations,
except for such portions as herein modified, added, deleted or amended
within this Chapter, the International Fire Code, 2018 Edition, is
hereby adopted and shall be incorporated as if fully set forth herein
and shall be hereafter known as the Fire Code of the City of Maryville,
Missouri, including the following appendices:
1.
Appendix B — Fire Flow Requirements for Building;
2.
Appendix C — Fire Hydrant Locations and Distribution;
3.
Appendix D — Fire Apparatus Access Roads;
4.
Appendix E — Hazardous Categories;
5.
Appendix F — Hazard Ranking;
6.
Appendix G — Cryogenic Fluids — Weight and Volume Equivalents;
7.
Appendix H — Hazardous Materials Management Plan (HMMP) and
Hazardous Materials Inventory Statement (HMIS) Instructions;
8.
Appendix I — Fire Protection System — Non-Compliant Conditions;
9.
Appendix J — Building Information Sign;
10.
Appendix K — Construction Requirements for Existing Ambulatory
Care Facilities;
11.
Appendix L — Requirements for Firefighter Air Replenishment
Systems;
12.
Appendix M — High-rise Buildings — Retroactive Automatic
Sprinkler Requirement;
13.
Appendix N — Indoor Trade Shows and Exhibitions.
[R.O. 2008 §230.020; Ord. No. 6442 §1, 12-12-2001; Ord. No. 7015 §1, 5-12-2008; Ord. No. 7642 §1, 7-14-2014; Ord. No. 8186, 6-10-2019]
A.
The
International Fire Code, 2018 Edition, as adopted as the Fire Code
of the City of Maryville is hereby subject to the following insertions:
1.
Section 101.1. The term "City of Maryville" shall be inserted.
2.
Section 111.4. The insertions in that Section shall read ". . .A
fine not less than ten dollars ($10.00) nor more than five hundred
dollars ($500.00)."
3.
Wherever a reference is made to "jurisdiction" within the International
Fire Code, 2018 Edition, it shall be understood to mean the City of
Maryville, Missouri.
4.
Section 307 "Open Burning and Recreational Fires" shall be applied.
[R.O. 2008 §230.030; Ord. No. 6442 §1, 12-12-2001; Ord. No. 7015 §1, 5-12-2008; Ord. No. 7642 §2, 7-14-2014; Ord. No. 8186, 6-10-2019]
A.
The area limits referred to in certain Sections of the International
Fire Code, 2018 Edition, are hereby established as follows:
1.
In Section 5704.2 of the International Fire Code, 2018 Edition,
storage of flammable cryogenic fluids in stationary containers is
prohibited in the following zones: "AG," "R-1," "R-2," "R-3," "R-4,"
"C-O," "C-1," "C-2," "C-3," and "M-1."
2.
In Section 5704 of the International Fire Code, 2018 Edition,
storage of Class I and Class II liquids in aboveground tanks outside
of buildings is prohibited in the following zones: "AG," "R-1," "R-2,"
"R-3," "C-O," "C-1" and "C-2."
3.
In Section 5704 of the International Fire Code, 2018 Edition,
storage of Class I and Class II liquids in aboveground tanks is prohibited
in the following zones: "AG," "R-1," "R-2," "R-3," "R-4," "C-O," "C-1"
and "C-2."
4.
In Section 6104.1 of the International Fire Code, 2018 Edition, the storage of liquified petroleum gas is restricted for the protection of heavily populated or congested areas and shall be prohibited in the following zones except as allowed in Section 225.050(B) of the Maryville Municipal Code: "AG," "R-1," "R-2," "R-3," "R-4," "C-O," "C-1," "C-2," "C-3," and "M-1."
[R.O. 2008 §230.040; Ord. No. 6442 §1, 12-12-2001; Ord. No. 7015 §1, 5-12-2008; Ord. No. 7642 §3, 7-14-2014; Ord. No. 8186, 6-10-2019]
A.
The following portions as set forth in the International Fire Code,
2018 Edition, shall be deleted in their entirety:
1.
Section 105 - Permits.
Exceptions: A construction permit shall be required as set forth in Chapter 1 of the 2018 International Fire Code. Permit fees shall be established as set forth in the Municipal Code of the City of Maryville, Section 500.090, Building Permit Fees. Permits shall be required for the following:
2.
Section 108 - Board of Appeals.
3.
Section 109.3 - Violation penalties.
4.
Appendix A - Board of Appeals.
[R.O. 2008 §230.050; Ord. No. 6442 §1, 12-12-2001; Ord. No. 6642 §§1 — 2, 4-12-2004; Ord. No. 7015 §1, 5-12-2008; Ord. No. 7642 §4, 7-14-2014; Ord. No. 8186, 6-10-2019]
A.
Chapter 56, Explosives and Fireworks, of the International Fire Code, 2018 Edition, is hereby amended to include Chapter 230, Fireworks, of the Municipal Code of the City of Maryville, which is adopted and made a part of the International Fire Code, 2018 Edition, by reference set forth in Missouri Department of Public Safety, Chapter 3: Fireworks, 11CRS40-3.010. In the event there is a conflict between a provision contained within Chapter 33, Explosives and Fireworks, and a provision contained within Chapter 230, Fireworks, the provision of Chapter 230, Fireworks, shall prevail.
B.
Section 6104 of the International Fire Code, 2018 Edition, shall
be modified by deleting Subsection 3804.2 and implementing the following
in its place:
6104.2 Maximum Capacity Within Established Limits. Within the
limits established by law and the adopting ordinance restricting the
storage of liquified petroleum gas for the protection of heavily populated
or congested areas, the aggregate capacity of any one (1) installation
shall not exceed a water capacity of one hundred twenty-five (125)
gallons (473 L), except that in areas where natural gas service is
not available at the property line at the time occupancy is commenced,
the aggregate capacity of any one (1) installation shall not exceed
a water capacity of five hundred (500) gallons (18921).
[R.O. 2008 §230.060; Ord. No. 6442 §1, 12-12-2001; Ord. No. 7015 §1, 5-12-2008; Ord. No. 8186, 6-10-2019]
Any person aggrieved by a decision or action of the Code Enforcement Officer or designee of the Fire Division or other official of the City of Maryville under this Chapter may appeal such decision or action to the Board of Code Appeals. Such appeal shall be in accordance with the provisions of Sections 530.070, 530.080, 530.090 and 530.110 of the Municipal Code of the City of Maryville and with Chapter 110 of the Municipal Code of the City of Maryville, all of which are adopted herein by reference as if set forth fully herein.
[R.O. 2008 §230.065; Ord. No. 6632 §1, 3-8-2004; Ord.
No. 7015 §1, 5-12-2008; Ord. No. 7096 §1, 3-23-2009; Ord. No. 8186, 6-10-2019]
A.
Unlawful
Open Burning. It shall be unlawful to engage in the following acts
of open burning.
1.
It shall be unlawful to burn or attempt to burn any item other than
leaves, small twigs and tree branches which shall not include full
trees or stumps;
2.
It shall be unlawful to burn any solid waste, industrial process waste, normal solid waste, or special solid waste, as those terms are defined in Section 220.010;
3.
It shall be unlawful to burn any yard waste if the burn pile is greater
than sixteen (16) feet in diameter or is greater than four (4) feet
in height;
4.
It shall be unlawful to burn or attempt to burn any item in steel
barrels;
5.
It shall be unlawful to burn or attempt to burn any item on the public
streets, sidewalks, alleyways or in public rights-of-way;
6.
It shall be unlawful to burn or attempt to burn any item during the
period of any burn ban implemented by the City or other governmental
entity;
7.
It shall be unlawful to burn or attempt to burn any item if such
burning causes emissions (smoke or air contaminants) which are offensive
to residents, occupants or individuals in the area, which shall be
determined based upon complaints received in the immediate one block
area and the general flow of smoke and odors. Under these instances
as determined by the Maryville Public Safety Department, the open
burning shall be immediately extinguished by the individual responsible
for the open burning and shall be deemed an unlawful burning;
8.
It shall be unlawful to burn or attempt to burn any item if such
burning is hazardous to other individuals, structures or property
as determined by City representatives;
9.
It shall be unlawful to burn or attempt to burn any item in violation
or contrary to any provisions of this Section.
B.
Lawful
Open Burning.
1.
Open burning shall be lawful:
a.
When done between April 1 and April 14, July 17 and July 31, October
24 and November 6 from dawn until dusk or as modified or extended
by City Council based primarily on weather conditions; and
b.
When the burn pile is no less than fifty (50) feet from any structure
or other combustible material and not greater than sixteen (16) feet
in diameter and/or not greater than four (4) feet in height.
2.
Open burning upon permit authorization issued by the Director of Public Safety in accordance with the applicable ordinances, including Section 540.040 of the Maryville Municipal Code, in order to incinerate areas larger than otherwise authorized herein and/or special events such as bonfires and demolition;
3.
Intentional setting of fires to combat or limit existing fires when
reasonably necessary in the judgment of the responsible government
official;
4.
Fires contained within commercially built outdoor fireplaces designed
to prevent the spread of flames or embers are permitted on privately
owned property of a one- or two-family dwelling for pleasure, cooking,
warmth, or similar purposes. Outdoor fireplaces may not be used for
burning trash, yard waste (other than small tree branches, cut/broken
to fit in the fireplace), rubbish or similar material;
5.
Small open flames for heating tar or welding, as well as using acetylene
torches, safety flares and the like;
6.
Burning conducted in accordance with a permit granted by the Environmental
Protection Agency, the State of Missouri or other government agency.
C.
Safety
Regulations. In order to be lawful, all open burning authorized under
this Section must comply with the following safety regulations:
1.
All open burning shall have as its primary source of extinguishing
equipment a water hose of not less than five-eighths (5/8) inch in
diameter connected to the City water supply. Said water supply shall
be readily available at all burn sites and be not less than twenty
(20) feet from the burn site at all times. All water hoses shall be
equipped with nozzles and the hose shall be maintained charged during
the period of burning.
2.
In lieu of the primary source described above, a minimum of one (1)
portable fire extinguisher with a minimum 4A rating or other approved
on-site fire extinguishing equipment such as soil, sand, water barrel
or water truck shall be for immediate utilization. Said fire extinguishing
equipment shall be not less than twenty (20) feet from the burn site
at all times and shall be charged and immediately available to extinguish
the fire.
3.
The individual responsible for the open burning shall be at least
sixteen (16) years of age and in constant attendance of the open burning
from the commencement of the fire until the fire is completely extinguished
and has been drenched or saturated with water.
D.
Burning
Limitations.
1.
The Director of Public Safety or his/her designee may issue a burn
ban within the City limits at any time based on existing circumstances
including weather, ground moisture and wind conditions after notifying
the City Manager. This burn ban shall be publicized throughout the
duration of the ban in a manner designed to provide information to
the general public. No burning shall be authorized during such burn
ban, notwithstanding any other provisions of this Section.
2.
If any otherwise lawful burning is determined by the Maryville Public
Safety Department or other City Official to be hazardous in nature,
said open burning shall be immediately extinguished by the individual
responsible for the open burning and shall be deemed an unlawful burning.
The term hazardous shall be determined and documented by the official,
but shall include dangers of secondary burning to individuals or property,
as well as other hazardous situations including explosions and air
contamination.
3.
In the event any burning is instituted in violation of this Section,
the Maryville Public Safety Department is authorized to require said
open burning to immediately cease.
[Ord. No. 8186, 6-10-2019]
Whenever in the Fire Code adopted herein or any provision of
this Chapter or any ordinance of the City any act is prohibited or
is made or declared to be unlawful or an offense, or whenever in this
Code or such ordinance the doing of any act is required or the failure
to do any act is declared to be unlawful, the violation of any such
provision by any person is hereby declared to be an ordinance violation;
and, upon conviction, unless some other penalty is prescribed in this
Code or such ordinance, such person may be punished by a fine not
exceeding five hundred dollars ($500.00) or imprisonment for a term
not exceeding three (3) months, or both such fine and imprisonment
in the discretion of the court having jurisdiction. In any case wherein
the penalty for an offense is fixed by any Statute, the Council shall
affix the same penalty by ordinance for the punishment of such offense.
