[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]]
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, 2015 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 therefore; 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]
The following numbered subsections of the International Fire Code, 2015 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 102 APPLICABILITY)
102.4 Application of building code. The design and construction of new structures shall comply with the International Building Code or International Residential Code based on the scope of the respective code. Any alterations, additions, changes in use or changes in structures required by this code shall comply with the International Existing Building Code or International Residential Code based on the scope of the respective code.
(SECTION 103 DEPARTMENT OF FIRE PREVENTION)
103.1 General. The department of fire prevention is established within the jurisdiction under the direction of the fire code official. The function of the department shall be the implementation, administration and enforcement of the provisions of this code. For the purposes of this code, the Building and Code Enforcement Division shall serve as the department of fire prevention and the Building Official of the City of O'Fallon, Missouri shall serve as the fire code official.
(SECTION 104 GENERAL AUTHORITY AND RESPONSIBILITIES)
104.90 Rule-making authority. The fire code official shall have authority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and regulations to interpret and implement the provisions of this code to secure the intent thereof and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this code or of violating accepted engineering practice involving public safety.
(SECTION 105 PERMITS)
105.3.3 Occupancy prohibited before approval: Except as specifically provided for temporary occupancy listed in Chapter 1 in the adopted Building Code, a building, structure or portion thereof shall not be used or occupied in whole or in part until all fire protection devices and equipment protecting the building, structure or portion to be occupied have been tested and approved by the code official charged with enforcing this code. All portions of the means of egress for the building, structure or portion to be occupied shall be unobstructed and available for immediate use.
105.4.1 Submittals. Construction documents and supporting data shall be submitted, as required by the Building Official, with each application for a permit and in such form and detail as required by the fire code official. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed.
Exception:
The fire code official is authorized to waive the submission of construction documents and supporting data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code.
105.4.90 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.
105.7 Required construction permits. The fire code official is authorized to issue construction permits for work as set forth in Sections 105.7.1 through 105.7.18. The term "construction permit" shall mean building permit and shall follow the requirements of Section 105 of the Building Code in addition to the requirements of this code.
(SECTION 106 INSPECTIONS)
106.90 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 108 MEANS OF APPEAL)
108.1 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.
108.2 Limitations on authority. Delete in its entirety.
108.3 Qualifications. Delete in its entirety.
(SECTION 109 VIOLATIONS)
109.3 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 U.S. 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 109.3.
109.4 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 a 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 five hundred dollars ($500.00) or by imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offence.
(SECTION 111 STOP WORK ORDER)
111.4 Failure to comply. Any person who continues any work in 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 said violation or unsafe conditions, shall be liable to penalties as specified in Section 109.4 of this code.
(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 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.
(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 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. The aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons (7570 L) within the City limits of the City of O'Fallon, Missouri, unless specifically approved by ordinance.
[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.