[CC 1990 §520.010; Ord. No. 98.037 §2, 8-10-1998]
A certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Desloge, Missouri, being marked and designated as "The BOCA National Fire Prevention Code, Tenth Edition, 1996" as published by the Building Officials and Code Administrators International, Inc., be and is hereby adopted as the Fire Prevention Code of the City of Desloge in the State of Missouri; for the control of buildings and structures and premises as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said BOCA National Fire Prevention Code are hereby referred to, adopted and made a part hereof as if fully set out in this Chapter, with the additions, insertions, deletions and changes, if any, prescribed in Section 520.020 of this Chapter. Except as otherwise specifically provided in Section 520.020 of this Chapter, and except as hereafter amended by any other duly enacted ordinance of this City, any future amendments to the BOCA National Fire Prevention Code shall become effective and be applicable herein upon the effective date of passage of any such amendment thereto.
[CC 1990 §520.020; Ord. No. 98.037 §3, 8-10-1998; Ord. No. 98.043 §1, 8-26-1998]
A. 
The following Sections of said BOCA National Fire Prevention Code, Tenth Edition, 1996, are hereby revised as follows:
Section F-101.1 Insert: City of Desloge, Missouri
Table F-107.2.3 See Attachment "A" to this ordinance 98.037 which is on file in the City offices.
Section F-112.3 Delete and insert the following in lieu thereof:
Penalty for Violation. Any person who shall violate any provision of this Code shall be guilty of a misdemeanor and, upon conviction thereof, be subject to a fine of not less than five dollars ($5.00) nor more than five hundred dollars ($500.00) or imprisonment for a term not to exceed ninety (90) days, or both, at the discretion of the court. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
Sections F-113.0 through F-113.7 (pages 8 and 9). Delete and replace with the following in lieu thereof:
SECTION F-113.0 MEANS OF APPEAL
113.1 Application for appeal. All applications for appeal shall comply with Section 400.230 of the Desloge City Code.
113.2 Membership of the Board. Membership of the Board shall comply with Chapter 400 of the Desloge City Code.
113.2.1 Qualifications. The Board of Adjustment and membership qualifications shall comply with Section 400.210 of the Desloge City Code.
113.2.2 Alternate members. Appointment of alternate members to the Board of Adjustment shall comply with Section 400.210 of the Desloge City Code.
113.2.3 Chairman. The Board shall select a Chairman in accordance with Section 400.210 of the City Code.
113.2.4 Disqualification of member. Shall comply with Section 400.210 of the City Code.
113.2.5 Secretary. The Mayor shall designate a qualified clerk in accordance with Section 400.210 of the City Code.
113.2.6 Compensation of members. Compensation shall comply with Section 400.210 of the City Code.
113.3 Notice of meeting. All notices shall comply with Section 400.230 of the City Code.
113.4 Open hearing. All hearings held shall be accordance with Section 400.220 of the Desloge City Code.
113.4.1 Procedure. Appeal procedures shall comply with Section 400.230 of the Desloge City Code.
113.5 Postponed hearing. Request for postponement shall be made in accordance with Section 400.230.
113.6 Board decisions. Concurring vote to overturn any order, requirement, decision, or determination of the Code Official shall comply with Section 400.220 of the City Code.
113.6.1 Minutes. Minutes of the Board's proceedings, showing the vote of each member upon each question, shall comply with Section 400.220 of the City Code.
113.6.2 Administration. The administration of the Board's decision shall comply with Section 400.230 of the City Code.
113.7 Court review. An appeal from any action, decision, ruling, judgment or order of the Board of Adjustment shall be made in accordance with Section 400.250 of the City Code.
Section F-403.0 Delete Sections F-403.1 through F-403.8.2 of the Fire Prevention Code adopted herein, and enacts a new Section F-403.1, Open Burning, in lieu thereof as follows:
Section F-403.1: Open Burning.
1. 
Smoldering fires of any kind shall not be allowed and may be declared a nuisance by the Chief of Police under Section 215.010. Burning of any matter shall not be allowed on any sidewalk or street. No fire shall be left unattended and a constant source of water shall be kept nearby. All allowable open burning, except those listed under Subsection (c), "Miscellaneous Allowable Open Burning", shall occur only during daylight hours. Allowable open burning is as follows:
a. 
Natural vegetation.
(1) 
Only natural vegetation, e.g. leaves and limbs, originating on the premises may be burned on private property. Burning of natural vegetation shall be limited to small piles.
(2) 
Vegetation waste resulting from land clearing operations may be burned if the burning occurs at least two hundred (200) yards from the nearest inhabited dwelling.
b. 
Household waste. Burning of household waste on residential premises having not more than four (4) dwelling units is allowed, provided that the refuse originates on the same premises and is done only in rigid metal barrels or drums. Household waste shall include paper, cardboard, wood and associated products and shall not include any plastic, synthetic materials, putrid matter, carcass, blood, or any toxic, noxious or offensive substance.
c. 
Miscellaneous allowable open burning. Camp fires and other fires used solely for recreational purposes, for ceremonial occasions or for out-door non-commercial preparation of food. Fires for the purpose of training firefighters. Fires set in conjunction with agricultural operations.
2. 
Prohibited from burning.
a. 
Construction, demolition, and remodeling materials shall not be burned within the City limits. This includes scrap lumber, shingles, siding, drywall, etc.
b. 
Any waste generated by a business, trade or industry.
c. 
Waste at salvage operations.
d. 
Tires.
e. 
Any asbestos containing material.
3. 
Nothing in this Section may be construed to permit open burning which causes or constitutes a hazard to vehicular or air traffic nor which violates any other rule or regulation established by the Missouri Department of Natural Resources.
Section F-3001.3 Delete and replace with the following in lieu thereof:
Bond Required For Blasting. Bond amounts shall be set in accordance with Section 500.410, Blasting Without Permit Prohibited, of the City Code.
Chapter 31 — Fireworks. Delete and replace with the following:
CHAPTER 31 FIREWORKS
F-3101 The sale of fireworks shall be in compliance with Chapter 655, Sale of Fireworks, of the Desloge City Code.
F-31002 Displays and the discharge of any firework shall be in compliance with Section 220.110, Fireworks, of the Desloge City Code.
A. 
Any person who shall violate a provision of the Code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the Code Official, or of a permit or certificate issued under the provisions of this Code, shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment of not exceeding ninety (90) days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
B. 
Any person who shall continue any work on or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than five dollars ($5.00) or more than five hundred dollars ($500.00).