[Ord. No. 2018-55, 7-23-2018]
A certain document one (1) copy of which is on file in the office of the City Clerk of the City of Trenton, Missouri, being marked and designated as "International Fire Code, 2015," including Appendices B, D, E, F, I, and K as published by the International Code Council, Inc., be and is hereby adopted as the International Fire Code, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, 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 Chapter, with the additions, insertions and changes, if any.
Editor's Note: Former Sections 515.010 through 515.020, were repealed and replaced 7-23-2018 by Ord. No. 2018-55.
[Ord. No. 2018-55, 7-23-2018]
The code adopted in this Chapter hereby amends by substitution the following Sections in lieu of those Sections with corresponding numbers in the code, or, where there is no corresponding Section in the code, the following Sections shall be enacted as additions to the code:
101.1 Title. These provisions shall be known as the Fire Code of the City of Trenton, and shall be cited as such and will be referred to herein as "this code."
101.2.2 Appendices B, D, E, F, I and K are hereby adopted as published.
103.1, 103.2 and 103.3 are hereby deleted and replaced with a new Section 103.1 as follows:
103.1 Director. The Code Enforcement Official, the Fire Chief and/or their designees, are responsible for enforcement of this code.
108 is deleted in its entirety and replaced with a new Section 108 as follows:
Appeals. Any aggrieved person shall have the right to appeal a decision of the Code Enforcement Official to the Board of Adjustment. Applications for appeal shall be filed in accordance with Trenton City Code Chapter 400.
307.1.1. Prohibited open burning. Open burning shall be prohibited when it is offensive or objectionable because of smoke or odor emissions or when atmospheric conditions or local circumstances make such fires hazardous. Burning will be limited to organic products such as yard waste leaves and tree limbs.
507.5.1 Hydrant for standpipe systems is deleted in its entirety.
Chapter 50 — Hazardous Materials — General Provisions.
5006 Cost Recovery for Hazardous Substances Releases
5006.1 The Fire Department, through the Chief or his/her designee, is authorized on behalf of the City to assess and seek reimbursement for all costs incurred by the Fire Department and the City in response to a hazardous substance release for which it provides services, within the scope of Section 260.546, RSMo.
5006.2 The Chief, or his/her designee, shall follow the procedures set out in Section 260.546, RSMo., in seeking such reimbursement, and shall provide the statement of costs and other documentation as required by said Statute. The City Attorney shall assist and represent the City and the Chief, or his/her designee, in all proceedings in connection with seeking such reimbursement.
5006.3 The Chief shall also establish a schedule of costs and hourly rates for its responses to such hazardous substance releases based on actual costs and compensation rates of the personnel involved, which shall be kept on file with the City Clerk and the Fire Department. This schedule may be updated periodically, but not more frequently than once every twelve (12) months, with each revised schedule to be kept on file with the City Clerk and the Fire Department.
5006.4 The City Administrator is also authorized, at his/her discretion, to apply for reimbursement for such costs incurred from the hazardous waste fund created in Section 260.391, RSMo., as described in Section 260.546.4, RSMo.
5006.5 The Chief or City Administrator is also authorized to seek reimbursement to recover personnel and equipment costs from responsible parties and/or other political subdivisions for responses to hazardous substance releases either within or outside of the Trenton City limits. The schedule for such costs shall be set forth in the schedule of costs referenced in Subsection 2706.3.
5006.6 This Section shall not be deemed to limit in any way the potential legal options, recourses, and remedies available to the City to seek recovery of its costs and damages from any persons or entities who may be legally responsible for such costs or damages, or who may have a duty to insure or indemnify any such responsible persons or entities.
Chapter 56 "Explosives and Fireworks" is deleted in its entirety.
[Ord. No. 2018-55, 7-23-2018]
The punishment of a violation of Sections 515.010 through 515.020 shall be as set forth in Trenton City Code Section 100.220. Every day any violation of the code adopted in this Chapter or any other ordinance or any such rule, regulation, notice or order shall continue shall constitute a separate offense.
Whenever any act is prohibited by the code adopted in this Chapter, by an amendment thereof, or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding or abetting of any other person to do said act. Whenever any act is prohibited by the code adopted in this Chapter, an attempt to do the act is likewise prohibited.
[R.O. 2011 §515.025; Ord. No. 02-29 §1, 10-28-2002; Ord.No. 2012-32 §1, 7-12-12; Ord. No. 2013-30 §1, 8-12-2013; Ord. No. 2015-50 §1, 8-10-2015; Ord. No. 2016-21 §1, 6-30-2016]
Scope. The manufacture of fireworks is prohibited within the jurisdiction. The display, sale or discharge of fireworks shall comply with the requirements of this Article.
Permit required. A permit shall be obtained from the fire official for the retail sale of fireworks to consumers. Upon the issuance of the permit, fireworks may be sold in accordance with the terms of said permit during the period of June 20 through July 4. No such permit is required for the wholesale of fireworks. Any sale not conforming to the definition of wholesale contained herein below shall be deemed to have been made at retail.
Permit applications. Applications for permits shall be made in writing at least fifteen (15) days in advance of June 20. The sale of fireworks shall be lawful under the terms and conditions approved with the permit and for that purpose only. A permit granted hereunder shall not be transferable, nor shall any such permit be extended beyond the dates set out therein.
Definition. "Fireworks" shall mean and include any composition or device for producing a visible, audible, or both visible and audible effect by combustion, deflagration, or detonation and that meets the definition of consumer, proximate, or display fireworks as set forth by 49 CFR Part 171 to end, United States Department of Transportation hazardous materials regulations, and American Pyrotechnics Association 87-1 Standards.
Definition of wholesaler. Any person engaged in the business of making sales of consumer fireworks to any other person engaged in the business of making sales of consumer fireworks at retail within the State of Missouri.
Public displays. Public displays of fireworks by the jurisdiction, fair associations, amusement parks and other such organizations shall be handled by a competent operator approved by the fire official. The fireworks shall be arranged, located, discharged or fired in a manner that, in the opinion of the fire official, will not be a hazard to property or endanger any person. Unfired fireworks and trash that remain after the display is concluded shall be immediately disposed of in a safe manner approved by the Fire Official.
Expectations. Nothing in this Article shall be construed to prohibit 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 athletic or sports, or for use by military organizations.
General Requirements And Prohibited Acts.
No permissible fireworks may be sold at retail without the securing of the applicable City business license in addition to the permit required hereinabove. The license and permit must be on display at the location where the retail sale takes place.
It shall be unlawful to offer for sale or to sell any fireworks to children under the age of fourteen (14) years or to any intoxicated person.
At all places where fireworks are sold or displayed, the words "NO SMOKING" must be posted in letters at least four (4) inches in height.
No fireworks shall be discharged within six hundred (600) feet of any church, hospital or school building.
No fireworks shall be stored, kept, sold or discharged within fifty (50) feet of any gasoline pump, gasoline filling station, gasoline bulk station, or any building in which gasoline or volatile liquids are sold in quantities in excess of one (1) gallon.
No fireworks shall be discharged within seventy-five (75) feet of any fireworks retail sale location.
Bottle rockets. No person, other than a resident wholesaler selling at wholesale for resale, shall store, possess, offer for sale, expose for sale or sell at retail that type of firework commonly referred to as a bottle rocket. It shall also be unlawful for any person to discharge a bottle rocket in the corporate limits of the City. A "bottle rocket" is defined as a reporting or non-reporting explosive or pyrotechnic material attached to a stick of wood or other material designed to be launched from bottles, tubing, any fixed object, or hand held.
Sky lanterns. No person, other than a resident wholesaler selling at wholesale for resale, shall store, possess, offer for sale, expose for sale or sell at retail that type of firework commonly referred to as a "sky lantern." It shall also be unlawful for any person to discharge a sky lantern in the corporate limits of the City. A "sky lantern" is defined as any type of balloon which requires fire underneath to propel the same.
No person shall expose fireworks in any window where the sun may shine through glass on the fireworks displayed or permit the presence of lighted cigars, cigarettes or pipes in any store or on the premises where fireworks are offered for sale.
No person shall ignite or discharge any fireworks within or throw the same from a motor vehicle while within, nor shall any person place or throw an ignited article of fireworks into or at such a motor vehicle, or at or near any person or group of people.
No person shall discharge, ignite or explode any article of fireworks except between the hours of 8:00 A.M. and 10:00 P.M. on July 2nd and 3rd and between the hours of 8:00 A.M. and 12:00 Midnight on July 4th of each year.
Any stand, facility or premises used for the retail sale of fireworks shall be equipped with an operable fire extinguisher of size and grade 5 ABC or higher.
All fireworks shall be contained in their original packaging and no loose fireworks or broken packages shall be displayed or sold.
Fine and imprisonment. Any person who violates any of the provisions of this Article shall be deemed guilty of an ordinance violation and upon conviction thereof shall be punished as provided in Section 100.220 of this Code.
Forfeiture of license and permit. Violation of the provisions of this Article in addition to a fine or imprisonment shall cause an immediate and automatic revocation of all licenses or permits issued pursuant to this Article. Furthermore, the City may refuse to issue a license or permit issued pursuant to this Article to any person or the company which employs any person who has pled or has been found guilty of violating the provisions of this Section for a period of five (5) years.
Seizure of fireworks. Enforcement officials may seize, take, remove or cause to be removed at the expense of the owner all stocks or fireworks offered or exposed for display or sale, stored, or held or possessed in violation of this Article.
The City Clerk is hereby directed to attach a copy of this Section to each copy of the International Fire Prevention Code, 2000, kept and maintained in the office of the City Clerk for inspection by the public.
In the event of dry conditions in the City of Trenton on the date designated for discharge of fireworks, the Fire Chief, at his discretion, may institute a burn ban and prohibit the discharge of fireworks on July 4th. If this occurs, the City Council may designate an alternate date for the discharge of fireworks and allow those who have obtained a lawful permit, pursuant to the above restrictions, to sell fireworks for a time period designated by City Council, not to exceed five (5) days.
[R.O. 2011 §515.030; CC 1975 §12-4; Ord. No. 2494 §3, 1-7-1970]
This Chapter shall not be construed to relieve from responsibility or to lessen responsibility of any person otherwise liable under the provisions of this Chapter, nor shall the City be held as assuming any liability of any nature by reason of the inspection authority hereby issued to the City Administrator or Code Enforcement Official for inspection of buildings.
[R.O. 2011 §515.040; Code 1967 §10-2; CC 1975 §12-5]
[R.O. 2011 §515.050; Code 1967 §10-3; CC 1975 §12-6]
Whenever the word "municipality" is used in the Fire Prevention Code, it shall mean the City of Trenton.
[R.O. 2011 §515.060; Code 1967 §10-4; CC 1975 §12-7]
The limits referred to in Section 74a of the Fire Prevention Code, in which storage of Class I liquids in outside above ground tanks is prohibited, are established as those districts in which such use is prohibited by Chapter 400 of this Code.
[R.O. 2011 §515.070; Code 1967 §10-5; CC 1975 §12-8]
The limits referred to in Section 114 of the Fire Prevention Code, in which bulk storage of liquefied petroleum gas is prohibited, are hereby established as the City limits.
It shall be unlawful for any person to establish, erect, construct or enlarge a plant or place of business where liquefied petroleum gases are to be manufactured, physically distributed or handled within the City limits.
[R.O. 2011 §515.080; Code 1967 §10-6; CC 1975 §12-9]
The limits referred to in Section 53b of the Fire Prevention Code, in which storage of explosives and blasting agents is prohibited, are established as those districts in which such use is prohibited by Chapter 400 of this Code.
[R.O. 2011 §515.090; Code 1967 §10-7; CC 1975 §12-10]
The Chief of the Fire Department shall have power to modify any of the provisions of the Fire Prevention Code upon application, in writing, by the owner or lessee, or his/her duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the Code; provided, that the spirit of the Code shall be observed, public safety secured and substantial justice done. The particulars of such modification, when granted or allowed, and the decision of the Chief of the Fire Department thereon shall be entered upon the records of the Department, and a signed copy shall be furnished the applicant.
[R.O. 2011 §515.100; Code 1967 §10-8; CC 1975 §12-11]
Whenever the Chief of the Fire Department disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the Fire Prevention Code do not apply or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the City Council within thirty (30) days from the date of the decision of the Chief.
[R.O. 2011 §515.110; Code 1967 §10-9; CC 1975 §12-12]
The Mayor, the Chief of the Fire Department and the City Administrator or Code Enforcement Official shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits, in addition to those now enumerated in the Fire Prevention Code. The Chief of the Fire Department shall post such list in a conspicuous place in his/her office and distribute copies thereof to interested persons.
[R.O. 2011 §515.120; Code 1967 §10-10; CC 1975 §12-13]
Any person who violates any of the provisions of the Fire Prevention Code hereby adopted or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder, from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the City Council or by a court of competent jurisdiction, within the time fixed therein, shall severally for every such violation and non-compliance respectively, be deemed guilty of an ordinance violation, punishable as provided in Section 100.220. The imposition of one (1) penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time. When not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense.
The application of such penalty shall not be held to prevent the enforced removal of prohibited conditions.