Cross References — As to committee on police and fire department of city council generally, §105.030(A)(2); as to building generally, ch. 500; as to electricity generally, ch. 510; as to false reports, §215.130; as to burning rubbish, etc., on street or sidewalk, §215.780.
[Ord. No. 2018-55, 7-23-2018[1]]
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.
[1]
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were repealed and replaced 7-23-2018 by Ord.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]
A.
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:
1.
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."
2.
101.2.2 Appendices B, D, E, F, I and K are hereby adopted as
published.
3.
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.
4.
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.
5.
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.
6.
507.5.1 Hydrant for standpipe systems is deleted in its entirety.
7.
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.
8.
Chapter 56 "Explosives and Fireworks" is deleted in its entirety.
[Ord. No. 2018-55, 7-23-2018]
A.
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.
B.
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]
A.
General.
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
B.
Discharge.
1.
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.
2.
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.
C.
General Requirements And Prohibited Acts.
1.
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.
2.
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.
3.
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.
4.
No fireworks shall be discharged within six hundred (600) feet
of any church, hospital or school building.
5.
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.
6.
No fireworks shall be discharged within seventy-five (75) feet
of any fireworks retail sale location.
7.
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.
8.
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.
9.
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.
10.
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.
11.
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.
12.
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.
13.
All fireworks shall be contained in their original packaging
and no loose fireworks or broken packages shall be displayed or sold.
D.
Penalty Provisions.
1.
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.
2.
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.
3.
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.
E.
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.
F.
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]
A.
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.
B.
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]
A.
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.
B.
The
application of such penalty shall not be held to prevent the enforced
removal of prohibited conditions.
