[Ord. No. 87-0012, § 1, 7-28-1987; Ord. No. 95-02 § I, 4-11-1995; Ord.
No. 2009-40 § 1, 9-22-2009; Ord. No. 2020-23, 6-9-2020]
A.
There
is hereby adopted by the City of Lexington, for the purpose of prescribing
regulations governing conditions hazardous to life and property from
fire or explosion or hazardous materials and for the purpose of prescribing
minimum requirements for the governing of the erection of improvements,
buildings and structures of all kinds, the following 2018 Edition
of the International Fire Code and any subsequent amendments to said
International Code be and is hereby adopted and enacted as and for
the Fire Prevention Code of the City of Lexington, Missouri.
B.
The
2018 Edition of the International Fire Code and subsequent amendments
to said code shall remain on file for public use, inspection and examination
in the office of the City Clerk. From the date of which this Chapter
shall take effect, the provisions thereof shall be controlling within
the limits of the City of Lexington, Missouri. The Fire Chief shall
recommend any amendments to the codes adopted by this Article which,
in his/her judgment, shall be desirable.
C.
Upon
adoption of these codes, all buildings as new construction will immediately
comply. Buildings that are to be renovated, as well as existing building,
shall be in compliance within twelve (12) months of adoption of this
Code.
[Ord. No. 79-27, § 3, 9-11-1979; Ord. No. 95-02 § I, 4-11-1995; Ord.
No. 2022-03, 1-11-2022]
A.
Any person who shall violate any of the provisions of the Code hereby
adopted or rules promulgated consistent therewith or fail to comply
therewith, or who shall violate or fail to comply with any order made
thereunder, or who shall build in violation of any detailed statement
of specifications or plans submitted and approved thereunder, or any
certificate or permit issued thereunder, and from which no appeal
has been taken, or who shall fail to comply with such order as affirmed
or modified by the Council or by a court of competent jurisdiction,
shall severally for each and every such violation and non-compliance,
respectively, be guilty of an ordinance violation, punishable by a
fine not less than twenty-five dollars ($25.00), nor more than five
hundred dollars ($500.00), or by imprisonment for not more than ninety
(90) days, or by both such fine and imprisonment. 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; and
when not otherwise specified, each one (1) day that prohibited conditions
are maintained shall constitute a separate offense. Each offense is
herewith declared a nuisance for abatement purposes.
B.
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
C.
Nuisances may be suppressed on notice given and expenses added as
costs on to the tax bill.
[Ord. No. 95-02 § I, 4-11-1995]
Prior to the construction, alteration, relocation or other construction
of any improvements within said boundaries of the City of Lexington,
the owner and/or builder, thereof shall submit to the Fire Chief or
his designated representative, full and complete building and plot
plans of any such proposed construction, reconstruction, relocation,
improvement or other building to be down with such plans and specifications
to be in sufficient detail to be determined and interpreted under
the terms of the Codes herein above referred to and at such time,
such owner and/or builder shall be responsible to purchase a fire
inspection permit. Such permit fees as required shall be for the inspection
of the plans of said construction and necessary inspection thereof
to insure that said buildings and/or improvements conform with Codes
herein above referred to.
[Ord. No. 95-02 § I, 4-11-1995]
Fees for fire inspection permits and owner requested fire inspections
shall be charged by the appropriate officials in accordance with the
table below. Fees shall be paid in full prior to any inspection or
building plan review. The determination of value of valuation under
any of the provisions of this Code shall be made by the Planning and
Zoning Administrator in accordance with the building permit fees schedule.
|
Table 9-1.A. Fire Permit Fee Schedule
| |
|---|---|
|
Total Valuation
|
Fee
|
|
$0 to $25,000.00
|
$50.00
|
|
$25,001.00 to $50,000.00
|
$75.00
|
|
$50,001.00 to $100,000.00
|
$75.00 for first $50,000.00 plus $3.50 for each additional $1,000.00
or fraction thereof, to and including $100,000.00
|
|
$100,000.00 and up
|
$250 for first $100,000 plus $1 for each additional $1,000 or
fraction thereof.
|
|
Table 9-1.B. Additional Fees, for Inspections and Other
Services
| ||
|---|---|---|
|
Service
|
Fee
| |
|
1.
|
Inspection outside of normal City business hours (minimum charge
of one hour; additional charges in 1/2 hour increments)
|
$30.00 per hour
|
|
2.
|
Residential upgrade: plumbing, electrical, mechanical; other
inspections for which no fee is specifically indicated (minimum charge
of one hour; additional charges in 1/2 hour increments)
|
$20.00 per hour
|
|
3.
|
Additional plan review required by changes, additions or revisions
to approved plans (minimum charge of 1/2 hour)
|
$20.00 per hour
|
|
A plan review fee shall be paid at the time of submitting plans
and specifications for review. The plan review fees specified in this
Subsection are separate fees from the permit fees and are in addition
to the permit fees shown in Table 9.1 A.
|
|
Where plans are incomplete or changed so as to require additional
plan review, an additional plan review fee shall be charged at a rate
shown in Table 9.1B.
|
|
Adoption of these Fire Protection and Prevention Codes will
initiate a public service program by the Fire Department for a period
of twelve (12) months, to assist owners of existing structures in
determining compliance requirements. The first compliance visit will
be at no charge to the property owner; additional visits requested
by the property owner will be charged at the additional plan review
rate in Table 9.1B.
|
[Ord. No. 95-02 § I, 4-11-1995; Ord. No. 2020-23, 6-9-2020]
A.
The Chief
of the Fire Department of his/her designated representative shall
receive from the City Clerk or the Planning and Zoning Administrator
requests for building permits and shall obtain copies of plans which
shall be deposited at the fire station with the Fire Chief or his/her
designated representative, and thereafter, the Fire Chief or his/her
designated representative shall inspect said plans to insure that
all of said plans conform in reasonable compliance with the Codes
herein above referred to. In the event that said plans do conform
with such Codes, then a building permit, upon payment of the fees
as aforesaid, shall be issued. Thereafter, during the period of construction,
relocation, reconstruction or other building or improvement, the Fire
Chief or his/her designated representative shall make periodic inspections
of said premises to insure that said building construction, reconstruction
or other improvement conforms with the plans as furnished to the Fire
Chief or his/her designated representative. No building, construction,
reconstruction or other improvement shall be commenced without the
prior issuance of a building permit as herein set forth.
B.
Annually
all businesses will be fire and life safety inspected prior to getting
their business license renewed. There will be no fee assessed for
this annual inspection (home based businesses are exempt from this
requirement).
[Ord. No. 95-02 § I, 4-11-1995]
The Chief of the Fire Department shall have the power to modify
any of the provisions of the Codes adopted by this Article upon application
in writing by the owner or tenant when there are practical difficulties
in the way of carrying out the strict letter of such Code, provided
that the spirit of the Code shall be observed, that the public safety
shall be secured and that substantial justice shall be done. The particulars
of such modification when granted or allowed and the decision of the
Chief of the Fire Department shall be entered upon the records of
the Department, signed original copies shall be promptly provided
the City Clerk and the Planning and Zoning Administrator, and a signed
copy shall be furnished the applicant.
[Ord. No. 95-02 § I, 4-11-1995]
In the event any owner and/or builder shall fail to carry out
construction, reconstruction, building or other alteration without
having first obtained a building permit and approval of plans, or
shall vary from the plans as submitted to the Fire Chief or his designated
representative as above set forth and that said deviation is a violation
of the Codes herein above referred to, the Fire Chief or his designated
representative may immediately cause all said construction, reconstruction,
building, alteration or other activity at said premises to cease and
terminate immediately until such time as corrections are made to fulfill
the purposes and intents of this Chapter.
[Ord. No. 95-02 § I, 4-11-1995; Ord. No. 2022-03, 1-11-2022]
Whenever the Fire Chief or his designated representative shall
disapprove an application or refuse to grant a permit applied for
or when it is claimed that the provisions of the 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 Fire Chief or his designated representative to the Board of
Adjustment of the City of Lexington within thirty (30) days from the
date of the decision appealed. However, during such appeal period,
no construction, reconstruction, building or alteration shall occur.
Wherever reference is made to the Fire Prevention Bureau in the Fire Prevention Code, adopted in Section 9-1, such reference shall be deemed to mean and refer to the Fire Department of the City.
[Ord. No. 93-08 §§ I — IV, 6-22-1993; Ord. No. 2006-43 § 1, 9-12-2006; Ord.
No. 2009-20 § 1, 4-28-2009]
A.
Allowed Practices — Regulations.
1.
Residents of the City shall be allowed to burn weeds, leaves, grass
and other plant life from gardens and areas being used as gardens,
brush and tree clippings during any months with a burn permit from
the Fire Department.
2.
All fires, consisting of the above referenced material, shall be
kept to a size where flame height shall not exceed five (5) feet.
3.
Residents are required to accompany all controlled burning areas
with a garden hose and rake.
4.
Controlled burning fires are to be completely extinguished by 6:00
P.M., and shall not endanger the life or property of the community.
5.
Campfires/bonfires shall be allowed to burn after 6:00 P.M., provided
that the proposed area is inspected by an authorized Fire Official
prior to issuing the required burning permit to allow such burning.
6.
Under severe drought conditions, the Fire Department reserves the
right to ban all burning privileges.
B.
Prohibited Practices. It shall be unlawful for any person
to:
1.
Burn solid waste unless an approved incinerator is provided or unless
a variance has been obtained from the appropriate air pollution control
agency;
2.
Burn weeds, grass, leaves, brush, or tree clippings during the months
not allowed as burning months without an authorized burning permit;
3.
Burn any materials of any nature upon any public street, sidewalk,
or thoroughfares within the City;
4.
Burn any materials other than those allowed by this Section without
prior approval from the Fire Department.
C.
Burning Permit. A burning permit issued by the Fire Department
is required by residents desiring to burn during any months. There
is no fee charged for a burning permit. A person may obtain a burning
permit by going to the fire station and contacting a Fire Official.
D.
Penalty. Anyone violating any of the terms and provision
of this Section shall be deemed guilty of misdemeanor punishable by
confinement for a term of not to exceed ninety (90) days and/or a
fine of not less than fifty dollars ($50.00) nor more than one thousand
dollars ($1,000.00).
