[CC 1991 §205.010; CC 1970 §8-1; Ord. No. 392 §1, 9-15-1969]
No person shall burn or cause to be burned any sweepings, trash,
paper, lumber, leaves or any other combustible material within the
City, except in conformity with Chapter 543, RSMo.
[CC 1991 §205.020; Ord. No. 636 §8-2, 4-13-1987]
A. Definitions. For the purposes of this Section, the following
words and phrases shall have the meanings respectively ascribed to
them:
BUILDING
Any structure, be it used for residential or commercial purposes.
OWNER
Any person, firm, partnership or corporation who alone or
jointly or severally with others have legal title to any building.
The term "owner" does include a lessee or other person
who has the right to occupy or possess a building.
RESIDENCE or RESIDENTIAL
Any building in which one (1) or more persons regularly or
usually sleep including, but not limited to, houses, apartment buildings,
mobile homes, motels, hotels, boarding houses, dormitories and hospitals.
SLEEPING AREA
A bedroom or room intended for sleeping or a combination
of bedrooms or rooms intended for sleeping within a dwelling unit
which are located on the same floor and are not separated by another
habitable room, such as a living room, dining room or kitchen, but
excluding bathroom, hallway or closet. A residential building may
have more than one (1) sleeping area.
SMOKE DETECTOR
An electronic or mechanical device which detects the presence
of super heated air or smoke in its vicinity and thereupon emits a
sound by siren, horn or other noise-making device. A smoke detector
shall be either the ionization chamber or the photoelectric type.
A smoke detector shall be deemed to have been tested and approved
by the Underwriters' Laboratories or by another nationally recognized
testing laboratory, be safe for use and meet nationally recognized
specifications for smoke detectors, which is the sound emission requirements
and other requirements of this Section and Chapter, and which is so
installed as to perform its function properly.
B. Installation Requirements. The owner of each building which
is constructed, changes ownership, changes tenants or is rehabilitated
after the passage of this Article shall install smoke detectors prior
to the occupancy or change in occupancy or change in ownership of
said building.
If the smoke detectors already exist in said buildings, the
smoke detector must comply with the provisions of this Section.
C. Location Requirements.
1. Residential buildings. The owner of each residential
building shall install at least one (1) smoke detector to protect
each sleeping area. In an efficiency residential building or apartment
dwelling, the owner shall install the detector in the room used for
sleeping. In a multiple- family dwelling, the owner shall install
at least one (1) smoke detector in each individual apartment or unit.
In all other residential buildings, the owner shall install the smoke
detectors outside the sleeping area and on the ceilings in the immediate
vicinity of the sleeping areas. An owner subject to this Section shall
install each smoke detector on the ceiling at a minimum of four (4)
inches from the side wall to the near edge of the detector and within
fifteen (15) feet of all rooms used for sleeping purposes. The smoke
detector shall be installed on every floor level, including the basement.
Therefore, a two-story residence with a basement shall have a minimum
of three (3) smoke detectors. The smoke detector in the basement shall
be as close as possible to the stairwell. If a dwelling undergoes
alterations, repairs or additions which require a permit or if one
(1) or more sleeping rooms are added or created in an existing residence,
the entire residence or residential building shall be provided with
smoke detectors as required for a new dwelling under this Section.
Where more than one (1) sleeping area is located on a floor level,
a smoke detector for each sleeping area shall be installed pursuant
to this Subsection. For good cause shown, the Building Commissioner
has the authority to modify the location requirements of this Section.
In residential buildings where the location of smoke detectors cannot
be readily determined, the Normandy Fire Protection District may be
contacted for assistance and placement of detectors.
2. All other buildings. The location of smoke detectors
in all buildings other than residential shall be in compliance with
the BOCA National Fire Prevention Code. In buildings where the location
of smoke detectors cannot be readily determined, the Normandy Fire
Protection District may be contacted.
3. Responsibility to install, test and maintain. It
shall be the responsibility of the owner to supply and install all
required detectors. The owner shall be responsible for testing and
maintaining detectors in common stairwells. It shall be the responsibility
of the tenant to provide and maintain functional batteries for each
detector, to test and maintain detectors within buildings and to notify
the owner or authorized agent in writing of any deficiencies. The
owner shall be responsible for providing each tenant with written
information regarding detector testing and maintenance.
D. Enforcement And Inspection. The Building Commissioner or
his/her designated department representatives shall have the jurisdiction
to inspect buildings for the installation of any smoke detector required
to be installed under this or any other ordinance. Said inspections
may be held between the hours of 9:00 A.M. and 5:00 P.M. Monday through
Friday.
E. Acts Prohibited. It shall be unlawful for owner to own or
occupy any building which:
1. Does not have at least one (1) smoke detector;
2. Does not have the number of smoke detectors required by this Section
for such building;
3. Does not have smoke detectors located as required by this Section,
unless modified by the Building Commissioner or has inoperable smoke
detectors which have not been installed, tested and maintained as
required by this Section; or
4. To remove batteries or in any way make a smoke detector inoperable.
F. Distribution. The Mayor is hereby authorized to take all
necessary steps to apply for or set up a program for free distribution
of smoke detectors to qualified residents through Metroplex or any
other qualified agency.
G. Penalty For Violation. Any owner or other person who is
convicted of violating any provision of this Chapter shall be punished
by a fine of not less than fifty dollars ($50.00) nor more than five
hundred dollars ($500.00) or by imprisonment for not more than sixty
(60) days, or by both such fine and imprisonment.