Cross Reference — As to adoption of the international fire code, see §500.100.
[CC 1988 §14.020; Ord. No. 1701S, 3-10-1998; Ord. No. 1806S, 5-9-2000]
This Chapter shall not be constructed to relieve responsibility or to lessen responsibility of any person, firm or corporation liable under the provisions of thus Chapter, nor shall the City be held as assuming any liability of any nature by reason of the inspection of fire prevention under this Chapter or any other Chapter relating to fire prevention adopted by the City of Eldon, Missouri.
[CC 1988 §14.040; Ord. No. 1701S, 3-10-1998; Ord. No. 1806S, 5-9-2000]
The City of Eldon hereby contracts with the Cities of Camdenton, Versailles, Osage Beach Fire Protection District, Iberia, Lake Ozark Fire Protection District, Rocky Mount Fire Protection District, Moreau Fire Department, Tuscumbia Fire Protection District, Tipton, Linn, Jefferson, California, Stover, Versailles Rural Fire Department and Lake Ozark Mutual Aid Association, effective upon the passage and approval of a like ordinance by the City Councils of the Cities of Camdenton, Versailles, Osage Beach, Iberia, Lake Ozark Rocky Mount, Moreau Fire Department, Tipton, Linn, Jefferson, California, Stover, Versailles Rural Fire Department and Lake Ozark Mutual Aid Association, for the interchange of service of the Fire Departments of the parties hereto upon the conditions and provisions contained in this Chapter.
[CC 1988 §14.050; Ord. No. 1701S, 3-10-1998; Ord. No. 1806S, 5-9-2000]
The City of Eldon may, at the discretion of the Fire Chief, assist any City in the State of Missouri or in the United States that requests assistance under the terms of the statewide mutual-aid agreement. The City of Eldon may request assistance from any and all agencies applicable under the statewide mutual-aid agreement.
[CC 1988 §14.060; Ord. No. 1701S, 3-10-1998; Ord. No. 1806S, 5-9-2000]
A mutual-aid agreement may be terminated at any time during its term on the passage of an ordinance to that effect by the legislative body of any of the subdivision of government concerned and written notice given to the other parties hereto by serving on the City Clerk of such other municipalities a certified copy of such ordinance terminating this agreement. The termination shall take effect sixty (60) days from the date of service of such written notice.
[CC 1988 §14.070; Ord. No. 1701S, 3-10-1998; Ord. No. 1806S, 5-9-2000]
The consideration for the service of the Fire Department of each municipality shall be the service given for the protection of lives and property in such municipality by the service of the Fire Department of the other parties hereto and no compensation shall accrue or be paid by either party for the service of the Fire Department of the other party hereto.
[CC 1988 §14.080; Ord. No. 1701S, 3-10-1998; Ord. No. 1806S, 5-9-2000]
Neither municipality shall be liable to the other for failure to respond to any call by the other of such municipalities or for delay or negligence or mistake in receiving or responding to any call, nor shall this contract be interpreted as being an agreement for the benefit of any third (3rd) person.
[CC 1988 §14.090; Ord. No. 1701S, 3-10-1998; Ord. No. 1806S, 5-9-2000]
Neither municipality shall be liable by reason of this contract to any firefighter, official or employee of the other, nor shall any firefighter, official or employee of any municipality be considered by any purpose of a fire official or employee of any municipality other than the one by which he/she is regularly employed.
[CC 1988 §14.100; Ord. No. 1701S, 3-10-1998; Ord. No. 1806S, 5-9-2000]
In case of loss or damage to the equipment or property of either municipality while responding to fire alarms, such loss or damage shall be borne by the City owning such equipment or property.
[CC 1988 §14.110; Ord. No. 1701S, 3-10-1998; Ord. No. 1806S, 5-9-2000]
It shall be unlawful for any person or persons to interfere (obstructing streets and alleys, preventing the free access of the fire truck and fighters during any fire or during the travel of the fire truck and firefighters over the streets) with or obstruct the free action of the Fire Department and firefighters during any fire alarm or any fire.
[CC 1988 §14.280; Ord. No. 1701S, 3-10-1998; Ord. No. 1806S, 5-9-2000; Ord. No. 1939 §1, 4-13-2004]
The following shall be and are hereby declared to be the fire limits:
Beginning at a point which is the southwest comer of intersection of Mill Street and North Street, thence south along and with the west side of Mill Street to the north boundary of 6th Street, thence west along and with the north side of 6th Street to Maple Street, thence north along and with the east side of Maple Street to 4th Street (Highway 54), thence west along and with the north side of 4th Street to north/south alley between Maple Street and Oak Street, thence north along and with the west side of alley way to 3rd Street, thence west along and with the south side of 3rd Street to Oak Street, thence north along and with the east side of Oak Street to North Street, thence east along and with the south side of North Street to the point of beginning.
The following property is removed from the fire limits: All of Lots 2, 3 and 4 of Block 94 of the Original Town of Eldon, except the Easterly twenty (20) feet thereof; all of Lot 1 Block 94 except the Easterly 20 feet thereof and except that part as described in Deed Book 164, Page 301 of the Records of Miller County, Missouri; all of that part of vacated 2nd Street as described by Deed Book 459, Page 048 of said records except that part described by Deed Book 164, Page 301 of said records.
[CC 1988 §14.341; Ord. No. 1701S, 3-10-1998; Ord. No. 1806S, 5-9-2000]
It shall be unlawful to store any good or commodity on any sidewalk, in any alley, in any doorway, in any opening or along any street within the fire limits. The storage of secondhand goods, combustible or used equipment on any sidewalk or in any way that reasonably interferes with passage through a doorway or along a sidewalk shall specifically be prohibited. If in the opinion of the Fire Chief external storage possess an immediate threat, the Fire Chief may order the immediate closing of the business until the threat is mitigated and the individual responsible for the storage shall be issued a citation by the Chief of Police under this Section and subject to the penalties of Section 100.130.
[CC 1988 §14.350; Ord. No. 1701S, 3-10-1998; Ord. No. 1806S, 5-9-2000]
Every building hereafter erected or enlarged within the fire limits as set out in Section 205.100 shall be enclosed on all sides with walls constructed wholly of brick, stone, hollow tile, hollow or solid concrete block, concrete or other equivalent non-combustible materials and shall have the roof, top and sides of all roof structures covered with incombustible or fire-retardant materials. All cornices shall be of non-combustible material. Buildings with wooden framework clad with sheet metal or stucco or veneered with brick or its equivalent shall be classed as frame.
[CC 1988 §14.360; Ord. No. 1701S, 3-10-1998; Ord. No. 1806S, 5-9-2000]
No frame, wooden or metal structure shall hereafter be built within the fire limits as set out in Section 205.100 or as they may be hereafter established, except the following:
Temporary one-story buildings for the use of builders.
Wooden fences not over ten (10) feet high.
Porches, balconies and canopies not exceeding ten (10) feet in width nor extending more than three (3) feet above the second (2nd) story floor beams. No such structure shall be joined to any similar structure of another building.
Bay windows when covered with incombustible or fire-retardant materials.
Small detached frame outbuildings not exceeding one hundred fifty (150) square feet in area and eight (8) feet in height and not within five (5) feet of any lot line.
One-family frame dwellings not exceeding two (2) stories in height separated by at least five (5) feet from lot line of adjoining property.
A building of frame construction or of unprotected metal construction occupied exclusively as a private garage, not more than one (1) story in height nor more than seven hundred fifty (750) square feet in area, located on the same lot with a dwelling; provided that such building be placed at least three (3) feet from the lot line.
One-story all metal buildings with no wood in wall or roof structure, with an area not exceeding one thousand (1,000) square feet and not within ten (10) feet of any lot line. Coal tipples, icehouses, material bins, trestles and water tanks when built of planking and timbers of the dimension usual for heavy timber construction.
Cooling towers not in excess of two hundred fifty (250) square feet in base area and fifteen (15) feet in height.
No frame or metal building not in conformity with this Section shall be moved from without to within the fire limits.
[CC 1988 §14.370; Ord. No. 1701S, 3-10-1998; Ord. No. 1806S, 5-9-2000]
Any existing frame building within the fire limits not in conformity with this Chapter, which may hereafter be damaged by fire, decay or otherwise to an amount greater than one-half (½) of its value, exclusive of foundation, shall not be repaired or rebuilt but shall be removed.
[CC 1988 §14.410; Ord. No. 1701S, 3-10-1998; Ord. No. 1806S, 5-9-2000]
The office of Fire Chief of the City of Eldon is hereby created.
[CC 1988 §14.420; Ord. No. 1701S, 3-10-1998; Ord. No. 1806S, 5-9-2000]
The City Administrator shall be responsible for the appointment of the Fire Chief subject to the approval of the Mayor and consent of the Board of Aldermen. The Fire Chief shall be appointed based solely on his/her professional qualifications. The City Administrator shall provide written job evaluations for the Fire Chief. The Fire Chief may be removed in accordance with the personnel policy of the City. In the case of a vacancy for any reason in the office of Fire Chief, the City Administrator shall provide the Mayor and Board of Aldermen with a recommended interim replacement at the Board's next regular meeting and permanent replacement within six (6) months.
[CC 1988 §14.410; Ord. No. 1701S, 3-10-1998; Ord. No. 1806S, 5-9-2000]
It shall be the duty of the Fire Chief to organize and maintain a municipal Fire Department. The Fire Chief shall have charge of and be responsible for all fire-fighting equipment owned or in use by the City of Eldon and such fire-fighting equipment shall not be loaned or used by anyone without his/her special permission. The Fire Chief shall appoint such subordinate firefighters, as he/she may deem necessary, within his/her budgetary allotment. It is hereby made the duty of the Fire Chief to have at least one (1) practice fire drill each month.
[CC 1988 §14.440; Ord. No. 1701S, 3-10-1998; Ord. No. 1806S, 5-9-2000]
The Fire Chief shall be paid for his/her services a sum established by the salary chart of the City of Eldon set by the Board of Aldermen. The compensation for the firefighters shall be set by ordinance in coordination with the budget.
[CC 1988 §14.460; Ord. No. 1701S, 3-10-1998; Ord. No. 1806S, 5-9-2000]
It is hereby declared to be unlawful for any person other than the Fire Chief or firefighter or such persons as shall have their permission to ride on the fire truck, either to or from a fire or at any other time; and it is further declared to be unlawful for any other person to tamper with, injure, destroy or deface said fire truck, engine house or any other property owned by the City and used in the fighting of fires.
[CC 1988 §14.470; Ord. No. 1701S, 3-10-1998; Ord. No. 1806S, 5-9-2000]
After the fire chief or any fireman arrives at the scene of a fire, it shall be unlawful for any person or persons, except persons financially interested in property endangered by the fire, to participate in the fighting of said fire except under the direction of the Fire Chief or fireman.