[R.O. 2008 § 500.080; R.O. 2007 § 500.120; Ord. No. 1880 § 2, 2-7-1991; Ord. No. 3534 § 2, 5-22-1997; Ord. No. 4093 § 2, 7-31-2000; Ord. No. 4802 § 1, 4-14-2005; Ord. No. 4822 § 1, 5-13-2005; Ord. No. 4842 § 1, 5-16-2005; Ord. No. 5672 § 1, 2-10-2011; Ord. No. 6250 § 3, 9-8-2016; [1]; Ord. No. 7133, 9-12-2024]
That certain document, a copy which is on file in the office of the City Clerk of the City of O'Fallon, Missouri, being marked and designated as the International Fire Code, 2021 Edition, including Appendices B and F, as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of O'Fallon, in the State of Missouri, for regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises has herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions and terms of said Fire Code on file in the office of the City Clerk of the City of O'Fallon, Missouri, are hereby referred to, adopted, and made a part hereof, as if fully set out in this Article, with the additions, insertions, deletions and changes, if any, prescribed in Section 500.090 of this Article.
[1]
Editor’s Note: Section 3 also changed the title of Article III, from "Fire Prevention Code" to "Fire Code" and this Section from "Fire Prevention Code Adopted" to "Adoption of Fire Code."
[R.O. 2008 § 500.090; R.O. 2007 § 500.140; Ord. No. 1880 § 4, 2-7-1991; Ord. No. 3534 § 4, 5-22-1997; Ord. No. 4093 § 4, 7-31-2000; Ord. No. 4802 §§ 2 – 3, 4-14-2005; Ord. No. 4842 §§ 2 – 3, 5-16-2005; Ord. No. 5672 §§ 1 – 2, 2-10-2011; Ord. No. 6250 § 3, 9-8-2016; Ord. No. 7133, 9-12-2024]
The following numbered Subsections of the International Fire Code, 2021 Edition, including Appendices B and F, as published by the International Code Council, Inc., are hereby amended by additions, insertions, deletions and changes so that such Section and Subsections read as follows:
(CHAPTER 1 ADMINISTRATION)
(SECTION 101 SCOPE AND GENERAL REQUIREMENTS)
101.1 Title. These regulations shall be known as the Fire Code of the City of O'Fallon, Missouri, hereinafter referred to as "this code."
(SECTION 103 DEPARTMENT OF FIRE PREVENTION)
103.1 General. The Building and Code Enforcement department is hereby created and the official in charge thereof shall be known as the Fire Code Official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.
(SECTION 106 CONSTRUCTION DOCUMENTS)
106.90 Professionally prepared plans. Where required, all plans and specifications shall be prepared, signed and sealed by an architect or engineer licensed and registered in the State of Missouri to render this service.
(SECTION 108 INSPECTIONS)
108.90 Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this Code shall be executed and installed in a workmanlike manner in compliance with this Code, in accordance with industry standards, and in accordance with the manufacturer's installation instructions.
(SECTION 111 MEANS OF APPEAL)
111.1 Board of appeals established. For the purposes of this code, all appeals shall be in accordance with the procedure established for the Building Code of the City of O'Fallon, Missouri.
111.2 Limitations on authority. Delete in its entirety.
111.3 Qualifications. Delete in its entirety.
111.4 Administration. Delete in its entirety.
(SECTION 112 VIOLATIONS)
112.3 Notice of violation. When the Building Official determines that a violation of this Code exists, other than a stop work order, he/she shall immediately notify the violator. The notification shall be in writing and shall be delivered to the violator or his/her legally authorized representative or mailed 1st class US mail to his/her last known address. Any person having been notified that a violation other than a stop work order exists and who fails to abate the violation within ten (10) days after notification shall be subject to the penalties enumerated in Section 112.4.
112.4 Violation penalties. Any person, firm or corporation who violates any provisions of this code, or fails to comply with any of the requirements thereof, or erects, constructs, alters or repairs a structure in violation of an approved plan or directive of the Building Official, or of a permit or certificate issued under the provisions of this code or previous ordinance, or who shall continue any work in or about a structure after having been served a stop work order, except such work as that person is directed to perform to remove a violation or unsafe conditions, or any owner or tenant of a building or premises in which such violation shall exist, shall upon conviction thereof be punishable by a fine of not more than $500.00 or by imprisonment not exceeding 90 days, or by both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense.
(CHAPTER 11 CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS)
(SECTION 1103 FIRE SAFETY REQUIREMENTS FOR EXISTING BUILDINGS)
1103.5.3 Group I-2 Condition 2. In addition to the requirements of Section 1103.5.2, existing buildings of Group I-2, Condition 2 occupancy shall be equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1. The automatic sprinkler system shall be installed as established by the adopting ordinance. The automatic sprinkler system shall be installed as established by the local fire district and the State of Missouri.
(CHAPTER 56 EXPLOSIVES AND FIREWORKS)
(SECTION 5601 GENERAL)
5601.1.3 Fireworks. Fireworks shall comply with Section 215.690 of the Municipal Code of the City of O'Fallon, Missouri.
(SECTION 5609 TEMPORARY STORAGE OF CONSUMER FIREWORKS)
5609.1 General. Delete in its entirety.
(CHAPTER 57 FLAMMABLE AND COMBUSTIBLE LIQUIDS)
(SECTION 5704 STORAGE)
5704.2.9.6.1 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited within the City limits of the City of O'Fallon, Missouri, unless approved by ordinance.
Exception: Above-ground tanks are allowed in industrial-zoned properties.
(SECTION 5706 SPECIAL OPERATIONS)
5706.2.4.4 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks is prohibited within the limits established by law as the limits of districts in which such storage is prohibited outside of buildings is prohibited within the City limits of the City of O'Fallon, Missouri, unless approved by ordinance.
(CHAPTER 58 FLAMMABLE GASES AND FLAMMABLE CRYOGENIC FLUIDS)
(SECTION 5806 FLAMMABLE CRYOGENIC FLUIDS)
5806.2 Limitations. Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited within the City limits of the City of O'Fallon, Missouri, unless approved by ordinance.
(CHAPTER 61 LIQUEFIED PETROLEUM GASES)
(SECTION 6104 LOCATION OF LP-GAS CONTAINERS)
6104.2 Maximum capacity within established limits. Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons (7,570 L) within the City limits of the City of O'Fallon, Missouri, unless specifically approved by ordinance.
Exception 1: Storage is allowed in industrial zoned properties.
Exception 2: In particular installations, this capacity limit shall be determined by the Fire Code Official, after construction of special features such as topographical conditions, nature of occupancy, and proximity to buildings, capacity of proposed LP-gas container, degree of fire protection to be provided and capabilities of the local Fire Department.
[R.O. 2008 § 500.100; R.O. 2007 § 500.150; Ord. No. 1880 § 9,2-7-1991; Ord. No. 3534 § 8, 5-22-1997; Ord. No. 4093 §§ 6, 8, 7-31-2000; Ord. No. 4802 §§ 5 – 6, 4-14-2005; Ord. No. 4842 §§ 5 – 6, 5-16-2005; Ord. No. 5672 § 1, 2-10-2011]
A. 
Nothing in this Article or in the Fire Prevention Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Article.
B. 
If any Section, Subsection, sentence, clause or phrase of this Article is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Article. The City of O'Fallon, Missouri, hereby declares that it would have passed this Article, and each Section, Subsection, clause or phrase thereof, irrespective of the fact that any one (1) or more Sections, Subsections, sentences, clauses and phrases be declared unconstitutional.
[R.O. 2008 § 500.110; Ord. No. 5672 § 1, 2-10-2011]
Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall install fire prevention work in violation of an approved plan or directive of the Building Official or of a permit or certificate issued under the provisions of this code shall, upon conviction thereof, be punishable by a fine not more than five hundred dollars ($500.00) or by imprisonment not exceeding three (3) months, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense.