City of De Soto, MO Article I Fire Prevention Code and Life Safety Code

Section 205.010 Adoption of Fire Prevention Code and Life Safety Code.

[CC 1988 §11-1; Ord. No. 2843 §2, 8-3-1987; Ord. No. 3301 §1, 3-17-1997; Ord. No. 3521 §1, 3-17-2003; Ord. No. 3606 §1, 12-20-2004; Ord. No. 3888 §1, 5-16-2011]

A. Fire Code. A certain code, two (2) copies of which are on file in the office of the City Clerk of the City of De Soto, Missouri, being marked and designated as "The International Fire Code, 2009 Edition", as published by the International Code Council, is hereby adopted as the Fire Code of the City of De Soto, Missouri, for the control of buildings and structures as therein provided; and each and all regulations, provisions, conditions and terms of said International Fire Code are hereby referred to, adopted and made a part hereof, as if fully set out in this Article, with the additions, insertions, deletions and changes prescribed in Section 205.020 of this Article.

B. Life Safety Code. A certain code, two (2) copies of which are on file in the office of the City Clerk of the City of De Soto, Missouri, being marked and designated as "NFPA 101 Life Safety Code, 2006 Edition", as published by the National Fire Protection Association, is hereby adopted as the NFPA Life Safety Code of the City of De Soto, Missouri, to provide minimum requirements, with due regard to function, for the design, operation and maintenance of buildings and structures for safety to life from fire and similar emergencies; and each and all regulations, provisions, conditions and terms of said Life Safety Code, and the referenced standards mentioned therein, are hereby referred to, adopted and made a part hereof, as if fully set out in this Article, with the additions, insertions, deletions and changes, if any, prescribed in Section 205.020 of this Article.

C. NFPA 1124. A certain code, two (2) copies of which are on file in the office of the City Clerk of the City of De Soto, Missouri, being marked and designated as "NFPA 1124".

Section 205.020 Additions, Insertions, Deletions and Changes.

[CC 1988 §11-2; Ord. No. 2843 §2, 8-3-1987; Ord. No. 3301 §1, 3-17-1997; Ord. No. 3521 §1, 3-17-2003; Ord. No. 3888 §1, 5-16-2011]

The International Fire Code 2009 Edition is amended and changed in the following respects:

A. CHAPTER 1 OF INTERNATIONAL FIRE CODE

1. Amend Section 101.1. Title (page 1, second line): by inserting "City of De Soto, Missouri".

2. Amend Section 104.1. Enforcement Authority to read: The Enforcement Officer and Fire Code Official referred to in the International Fire Code shall be the Public Safety Chief of the City of De Soto, Missouri, or the duly authorized representative of the Public Safety Chief.

3. Amend Sections 108 and 109. "Means of Appeal" and "Violation Penalties" are hereby deleted and in lieu thereof the following is inserted:

APPLICATION FOR APPEAL (INTERNATIONAL FIRE CODE AND LIFE SAFETY CODE)

Any person aggrieved by a decision of the Code Official shall have the right to appeal that decision to the Board of Adjustment established in Section 405.410 of the De Soto City Code.

An application for appeal shall be based on a claim that the true intent of the International Fire Code or the NFPA 101 Life Safety Code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply or that the Code Official agrees that 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 thirty (30) days after the notice was served or the decision made by filing the application with the Code Official and with the Board of Adjustment. The Code Official shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from is taken. The Board shall fix a reasonable time for hearing the appeal, provide reasonable notice to the parties and decide the same within a reasonable time.

MEETINGS — PROCEDURE

Meetings of the Board of Adjustment shall be held in compliance with Section 405.410 of the De Soto City Code.

BOARD DECISION

The Board of Adjustment may modify or reverse the decision of the Code Official by the concurring vote of four (4) members of the Board of Adjustment. Otherwise, the decision will be affirmed. The Code Official shall take immediate action in accordance with the decision of the Board of Adjustment.

COURT REVIEW

Appeals to the Circuit Court by any person aggrieved by a decision of the Board of Adjustment shall be made in the manner and time required by law following the issuance of the decision by the Board of Adjustment.

PENALTY FOR VIOLATIONS (INTERNATIONAL FIRE CODE AND LIFE SAFETY CODE)

Any person, firm or corporation who shall violate any of the provisions of this Chapter of the codes herein adopted, or who shall fail to comply with any of the requirements thereof, or who shall fail to comply with any order issued pursuant to any Section thereof shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for a period not exceeding three (3) months, or by both such fine and imprisonment, and court costs for each such offense. Each day a violation exists or continues to exist shall be deemed a separate offense.

4. Add Subsection 113.2.1 Permit fees:

	Bonfire (recreational)	No fee
	Air curtain destructor	One hundred fifty dollars ($150.00) per thirty (30) days
	Fireworks stand	Three hundred fifty dollars ($350.00)
	Fireworks display	Fifty dollars ($50.00)
	Blasting permit	One hundred dollars ($100.00) per ninety (90) days
	Rock quarry	One hundred fifty dollars ($150.00) a year

B. CHAPTER 3 OF INTERNATIONAL FIRE CODE

1. Amend 302.1 Definitions by adding the following: Air Curtain Destructor: Special equipment used to burn large amounts of brush with little or no air pollution. The term air curtain destructor is abbreviated in this code as "ACD".

2. Add Subsection 307.1.2 Unfavorable weather conditions. The Fire Code Official shall order the extinguishment, by the permit holder, of any open burning when the wind speed is 15 miles per hour or higher, when the humidity is 50 percent or lower and when the burning creates or adds to a hazardous or unsafe situation.

3. Add Subsection 307.2.2 Application for Burning Permit. Applications for Burning permits shall contain information regarding the name of person responsible for burning, address, and location of burning, telephone number, date of the permit, authorized signature and signature of responsible party. Application for an ACD permit must be accompanied with a permit from the Department of Natural Resources.

4. Add Subsection 307.2.3 Permit fees. All permit fees shall be paid to the City of De Soto, Missouri as provided by Section 113.2.1. All permit fees outlined in Section 113.2.1 will be effective April 1, 2012.

5. Amend Subsection 307.4.1 by adding "The duration of a fire shall not be longer than six (6) hours in length." to the end of the paragraph.

6. Add Subsection 307.6 Materials. Open burning shall not be utilized for disposal of trade waste or salvage operation, or for the following materials; household trash, rubber, tires, shingles, vinyl siding, treated lumber, the fuel shall be chosen to minimize the generation of air contaminates.

7. Add Subsection 307.7 Air Curtain Destructor A.C.D.

8. Add Subsection 307.7.1 Duration of A.C.D. Burning. All burning operations shall only occur from the hours of 10:00 A.M. to 4:00 P.M.

9. Add Subsection 307.7.2 A.C.D. Season. Burning season shall exist from September 16 through April 14 of each year. Burning season can be extended only if approved by the Department of Natural Resources (D.N.R.).

10. Add Subsection 307.7.3 A.C.D. Permits. Before a permit can be issued for an A.C.D., a copy of the permit must be submitted from the Department of Natural Resources. The area must be inspected by the Fire Code Official to check material being burned and the distance to other structures. After this is approved, an A.C.D. permit will be issued. All rules noted on the permit must be followed along with the regulations issued by the Department of Natural Resources.

11. Add Subsection 307.7.4 Burning locations for A.C.D's. The pit shall not be any closer than 200 feet from any structure.

12. Add Subsection 307.7.5 Pits for A.C.D. Must meet Department of Natural Resources requirements. The material being burned shall be loaded into the pit below the airflow. The Fire Department shall inspect each pit before any burning may occur. Violations found may cause the permit to be revoked until violations are corrected.

13. Add Subsection 307.7.6 Closing of A.C.D. burn pit. At 4:00 P.M. the burn pit must be covered with a minimum of two (2) feet of fill and packed with heavy equipment being utilized with the burning operation until smoke is no longer visible.

14. Add Subsection 307.7.7 Materials Air Curtain Destructors (A.C.Ds) shall not be utilized for waste disposal purposes, or for the following materials: household trash, rubber, tires, shingles, vinyl siding, treated lumber, and cedar trees, poison ivy and poison sumac, or as approved by the Fire Code Official.

C. CHAPTER 5 OF INTERNATIONAL FIRE CODE

1. Amend 506.1 by adding after the first sentence, "All commercial and multi-family residential buildings shall be required to install a key box as required by the Fire Code Official.

2. Add Subsection 506.2.1 Installation. The key-box system shall be installed as follows:

a. Recessed mount: The box shall be installed a minimum of 5 feet but no more than 6 feet above finished grade.

b. Surface mount: The box shall be installed a minimum of 5 feet but no more than 6 feet above finished grade.

c. Rapid entry key switch or lock: The location of the switch shall be approved by the Fire Code Official.

d. Location: The box shall be mounted at a location close to the front door or as directed by the Fire Code Official.

e. Fire Department alert decal: One decal shall be mounted on each exterior door in the center of the glass or on the door frame as directed by the Fire Code Official.

3. Add Section 511 Construction decals. Construction decals will be placed on electrical meter cans. There will be four types of decals to choose from depending on the type of construction. These decals are designed to give the firefighters an idea of what dangers they may be faced with regarding the building's construction.

4. Add Subsection 511.1 Construction decal types.

a. A decal with just a (T) at the top states the structure has lightweight truss construction using gusset plates.

b. A decal with just an (E) at the bottom states the structure has a lightweight engineered floor construction.

c. A decal with a (T) at the top and (E) at the bottom states the structure has lightweight truss construction utilizing gusset plates and lightweight engineered floor construction.

d. A decal with no markings at the top or bottom states that the structure has neither lightweight roof nor lightweight engineered floor constructions.

e. Add Subsection 511.2 Removing construction decals. It shall be unlawful for any person or persons to remove the construction decal. If removed without consent from the fire department, it shall constitute as a violation and be punishable under code Section 114 of the IBC.

D. CHAPTER 9 OF INTERNATIONAL FIRE CODE

1. Amend Subsection 903.3.6 Hose thread by replacing: "be as prescribed by the fire code official" with "five (5) inch stortz or as prescribed by the fire code official".

2. Amend Subsection 903.3.7 Fire department connections to read: "The location of fire department connections shall be in front of the building or as prescribed by the Fire Code Official.

3. Add Section 907.10 Faulty alarms.

4. Add Subsection 907.10.1 Definitions.

Alarm systems: Any mechanical or electrical device which is designed to be actuated manually or automatically upon the detection of fire, smoke or water flow in the protected building, structure, facility, or premises through the emission of a sound or transmission of a signal or message.

False alarm: Any activation of an alarm system intentionally or by inadvertence, negligence, or unintentional act to which the Fire Department responds, including activation caused by the malfunction of the alarm system, except that the following shall not be considered false alarms:

a. When the Fire Code Official determines that the alarm has been caused by the malfunction of the indicators at the alarm dispatching agency;

b. When the Fire Code Official determines that the alarm had been caused by damage, testing or repair of the telephone equipment or lines by the telephone company, provided that such incidents are promptly reported to the telephone company;

c. When an alarm is intentionally caused by an occupant or resident acting under a reasonable belief that a need exists to call the Fire Department.

5. Add Section 907.10.2 Condition. No person, corporation, firm or other entity owning or occupying any premises within the boundaries of the city, in or on which premises is installed an automatic fire alarm, fire detection or sprinkler system, shall transmit false alarms to any alarm dispatching agency.

6. Add Subsection 907.10.3 Tampering. It shall be unlawful for any owner or occupant to reduce the effectiveness of the protection so required or so installed, except that the owner or occupant may temporarily reduce or discontinue the protection where necessary to make test, repairs, alteration, or additions. The Fire Code Official shall be notified before such test; tapers, alterations, or additions are to be effected and upon completion shall be advised of the extent of any such work for additional requirements.

7. Add Subsection 907.10.4 Notification to Fire Department when out of service. Whenever an alarm is to be out of service for repairs, it shall be the owner's or occupant's responsibility to determine that the serviceman performing such repairs has notified the Fire Department of the pending shutoff prior to such action. When an alarm system has central station supervision, the company providing such service shall also be notified of said action.

8. Add Subsection 907.10.5 Penalty to notify. Failure to notify the alarm dispatching organization or the Fire Department of a system shutoff and the repairs which result in unnecessary alarm being transmitted to the fire department will subject the owner or occupant to a fine of one hundred dollars ($100.00) for each false alarm, in addition to any other penalties this ordinance may provide.

9. Add Subsection 907.10.6 System in disrepair. Should any such alarm system transmit any false alarm to the Fire Department either directly or through a central dispatching agency, or should inspection of any such system by any officer of the Fire Department reveal a condition such that the system is likely to transmit a false alarm, the owner or occupant of the premises shall take such remedial action as necessary, and shall make or cause to be made such adjustments and repairs to the alarm system as the Fire Code Official shall order. An order by the Fire Code Official shall be complete within twenty-four (24) hours after such order has been given.

10. Add Subsection 907.10.7 Charges of false alarms. All false alarms to which the Fire Department responds shall result in the following charges to the alarm system's owner or occupant.

11. Add Subsection 907.10.8 First false alarm. A warning for the first false alarm in any calendar year.

12. Add Subsection 907.10.9 Second false alarm. Fifty dollars ($50.00) charge for the second false alarm in any calendar year.

13. Add Subsection 907.10.10 Third false alarm. One hundred dollars ($100.00) service charge for the third and any subsequent false alarm in any calendar year.

14. Add Subsection 907.10.11 Payment. Upon determination by the Fire Code Official that a false alarm has occurred, the City shall send a notice to the alarm user of the determination and directing the payment of the appropriate service charge within thirty (30) days.

15. Add Subsection 907.10.12 Cancellation. The City may cancel any notice or service charge upon satisfactory proof by the alarm user that a particular alarm falls within the exceptions enumerated in the foregoing Sections.

16. Add Subsection 907.10.13 Refusal. Willful refusal to pay any such charge within thirty (30) days following notice shall constitute a violation of this Section.

17. Add Subsection 907.10.14 12 Month, no false alarms (Page 101). If the owner or occupant of a building continues through a twelve (12) month period without a faulty or false alarm, they shall begin at a new faulty or false alarm signal period.

18. Add Subsection 907.10.15 New systems. Newly installed systems shall be given sixty days (60) to correct any problems that may activate a faulty or false alarm signal.

E. CHAPTER 33 OF INTERNATIONAL FIRE CODE

1. Amend Section 3309.1 General by replacing "temporary storage of consumer fireworks" with "The temporary storage and retail sale of consumer fireworks".

2. Add Subsection 3309.1.1 Retail sale of consumer fireworks shall comply with the applicable requirements of the National Fire Protection Association 1124.

F. APPENDIX A OF INTERNATIONAL FIRE CODE

1. Delete Appendix A Board of Appeals in its entirety.

G. APPENDIX C OF INTERNATIONAL FIRE CODE

1. Appendix C Fire Hydrant Locations and Distributions.

2. Add Subsection C102.2 Fire hydrant to fire department connection. There shall be a fire hydrant within one hundred fifty (150) feet of the Fire Department connection.

3. Add Section C106.0 Installation Of Fire Hydrant.

4. Add Subsection C106.1 Fire hydrant height. Fire hydrants shall be installed a minimum of fourteen (14) inches and a maximum of thirty-six (36) inches above finish grade, measured from the center of the steamer connection.

5. Add Section C107 Color Coding Fire Hydrants.

6. Add Subsection C107.1 Scope. All fire hydrants shall be painted yellow and match the following requirements after installed by the contractor. The paint must be a good grade and applied with either a brush or sprayer as approved by the Fire Code Official and the Public Works Director.

7. Add Subsection C107.3 Color coding of fire hydrant side caps and bonnets. All fire hydrant side caps and bonnets (top flange of the fire hydrant) are to be painted as follows:

	Color	Gallons Per Minute
	Light Blue	1,500 or greater
	Green	1,000 — 1499
	Orange	500 — 999
	Red	0 — 499
	Black	Out of Service

8. Add Subsection C107.4 Color coding of private fire hydrants. All private fire hydrants shall be painted completely red.

Section 205.030 Penalty.

[Ord. No. 3888 §1, 5-16-2011]

Any person violating any of the provisions of this Chapter or any of the codes adopted in this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding five hundred dollars ($500.00) or be imprisoned in the County Jail for a period of not exceeding ninety (90) days, or both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.