Cross References — As to buildings and building regulations, ch. 500; as to fire limits defined, §500.090; as to fire protection in mobile home parks, §505.210; as to burning of vehicles in junk yards and scrap yards, §610.160.
State Law References — Authority of city to purchase fire-fighting equipment, §77.170, RSMo.; fire protection regulations, ch. 320, RSMo.
[R.O. 2009 §10-1; Ord. No. 2097 §1, 9-13-1989]
A. 
There is hereby adopted by reference the 1988 edition of the Life Safety Code Handbook as published by the National Fire Protection Association; subject however, to such amendments and editions which may appear elsewhere in this Code and except insofar as such provisions, by their very nature, have no application in the City.
B. 
Future editions and revisions of the Life Safety Code Handbook shall go into effect ninety (90) days after receipt by the City Clerk of three (3) copies of such edition or revision, provided the City Council adopts said editions and revisions by ordinance duly passed.
C. 
After a new edition or revision of the Life Safety Code Handbook goes into effect, the modifications which may be contained elsewhere in this Code shall remain in effect until revised by the City Council.
[R.O. 2009 §10-3; Ord. No. 3573 §I, 9-14-2005]
The following fees for the Festus rural fire tags are hereby adopted.
Residential
$50.00
Commercial
$100.00
[R.O. 2009 §10-4; Ord. No. 3840 §I, 10-22-2008]
A. 
Open burning shall not be permitted anywhere within the City limits of Festus except when undertaken pursuant to a valid permit issued by the Missouri Department of Natural Resources. As used herein, the term "open burning" shall mean the combustion of any material except in a closed chamber. A chamber shall be regarded as closed when, during the time combustion takes place, such chamber is fully enclosed except for such apertures, ducts, stacks, flues or chimneys as are necessary to provide combustion air and to permit the escape of exhaust gases.
B. 
Any waste generated by a business, trade, industry, salvage or demolition operation cannot be burned without a permit issued by the Department of Natural Resources or its delegated local agency. Waste that shall not be burned includes, but is not limited to, tires, rubber products, hazardous materials, styrofoam, plastics, petroleum, petroleum based products, demolition waste, chemically treated wood, any asbestos containing material or any household refuse.
C. 
Campfires, bonfires and other fires used solely for recreational purposes and ceremonial occasions are permitted within the City limits when upon obtaining a permit issued by the Festus Fire Department.
D. 
Outdoor recreational fireplaces and grills used for the preparation of food may be used at any time and no permit is required.
E. 
Residents of the City shall obtain a permit from the Festus Fire Department when conducting a warm season grass burn on their property.
F. 
Residents living outside the City, but within jurisdiction of the Fire Department of the City, may apply to the Fire Chief or his/her designate for a burn permit from September sixteenth (16th) to April fourteenth (14th) of each calendar year for the open burning of trees, leaves or brush. These brush piles are limited to a base of sixteen (16) square feet and the burning is allowed from 10:00 A.M. through 4:00 P.M. The trees, leaves, brush or other vegetation shall originate and be burned on the same premises. No prohibited materials shall be used to start the fire.
G. 
Any person failing to comply with the provisions of this Section shall be deemed guilty of an ordinance violation and upon conviction thereof shall be punished by a fine as set forth in Section 100.120 hereof.
[Ord. No. 3887 §I, 8-12-2009]
A. 
The qualifications for the position of Fire Chief are hereby established as follows:
1. 
Required Minimum Qualifications.[1]
a. 
Current Missouri Division of Fire Safety (MDFS) rating of Fire Fighter I and II.
b. 
Current MDFS rating for hazardous materials awareness and operations levels.
c. 
Completion of Incident Command System and National Incident Management System courses, including basic and operational courses identified as ICS-100 and ICS-700.
d. 
Completion of Fire Officer I course or its equivalent.
e. 
Emergency Medical Technician (EMT) certified.
f. 
Completion of Fire Instructor I course or its equivalent.
g. 
Minimum of five (5) years full-time or eight (8) years consecutive part-time firefighter experience, with at least three (3) consecutive years' experience in a management/leadership capacity beyond first line supervision within a fire service organization.
h. 
Valid Missouri driver's license, free of criminal convictions (felony or misdemeanor) and a driving record [from the current date and five (5) consecutive years] that is consistent with the safe operation of motor vehicles as is required of fire service personnel.
[1]
Editor's Note: Subsection (A)(1) and (2) were amended with Supplement No. 15 at the request of the City.
2. 
Preferred Qualifications.
a. 
Completion of two (2) or more upper-level National Incident Management System courses.
b. 
Membership in one (1) or more professional organizations directly related to fire science, firefighting, or fire administration.
c. 
A demonstrated record of continuing advancement in knowledge and skills through a consistent record of continuing education courses in firefighting or fire science technology.
d. 
Completion of an associate degree or higher in fire science, fire administration or directly related field from an accredited post-secondary educational institution.
3. 
Conditions For Exception To Minimum Qualifications. A candidate who otherwise meets all required qualifications but one (1) may, with the approval of a majority of the Council, be allowed to assume the position of Festus Fire Chief on a probationary period of one (1) year from the date of hire. It shall be required of the candidate to complete the missing minimum qualification within that one (1) year period. Failure to complete the missing minimum qualification within the specified time period may result in dismissal of the candidate from the position of Festus Fire Chief for failure to successfully complete the probationary period by failure to attain all minimum qualifications required for the position.
4. 
Requirements and limitations of interim Festus Fire Chief. From time to time it may occur either by vacancy of position or absence of suitable candidates that the position of Festus Fire Chief cannot be filled within the context of this Section. In that event, with the majority approval of the Council, an interim candidate can be appointed to serve in the temporary capacity of Festus Fire Chief for a period of time not to exceed twelve (12) consecutive months. Prior to that interim period expiring, a public search and application process will be conducted in an attempt to identify a suitable and otherwise qualified candidate with respect to the provisions of Subsections (1) and (2) of this Section. In the event that no suitable and otherwise qualified candidate can be found under the provisions of this Section, the interim Festus Fire Chief may continue to serve upon approval of the majority of the Council. This procedure may be repeated as necessary every twelve (12) months until such time as a permanent and otherwise qualified candidate can be found.