[Ord. No. 2017-1242 § 1, 8-21-2017[1]]
The Council adopts the 2015 Edition of the International Fire
Code, including Appendixes A through G, and I, one (1) copy of which
has been on file with the Town Clerk for a period of ninety (90) days
prior to the adoption of this Article, by reference as if fully set
forth in its entirety. At least one (1) copy of the 2015 Edition of
the International Fire Code shall remain on file in the office of
the Town Clerk and shall be kept available for public use, inspection,
and examination.
[1]
Editor's Note: Section 6 of this ordinance provided an
effective date of 1-1-2018.
[Ord. No. 2017-1242 § 2, 8-21-2017]
A.
The code adopted by this Article is hereby amended by substituting
the following sections in lieu of those sections with corresponding
numbers in the code, or, where there is no corresponding section in
the code, the following sections shall be enacted as additions to
the code:
1.
Section 101.1 is amended to read as follows:
101.1 Title. These regulations shall be known as
the "Fire Code of Carrollton, Missouri," and hereinafter referred
to as "this code."
2.
Section 101.2 is amended as follows:
101.2.2 Appendixes A through G and I are hereby adopted with
Appendixes B and C adopted as amended.
3.
SECTION 103.0 FIRE PREVENTION:
a.
Section 103.1 is amended to read as follows:
103.1 Director. The administration and enforcement
of this Article shall be the duty of the Fire Chief and Code Enforcement
Officer, who are designated as the code officials for purposes of
this code. The code officials are hereby authorized to take such action
as may be reasonably necessary to enforce the provisions of this code.
Such persons may be appointed and authorized as assistants or representatives
of the Code Enforcement Officer and the Fire Chief as may be necessary
to carry out the provisions of this code.
b.
Delete 103.2 Appointment.
c.
Section 103.4 is amended to read as follows:
103.4 Liability. Any officer or employee charged
with the enforcement of this code, while acting on behalf of the Town,
shall not thereby render such individual liable personally, and is
hereby relieved from all personal liability for any damage accruing
to persons or property as a result of any act performed in the discharge
of official duties. Any suit instituted against any officer or employee
because of an act performed by that officer or employee in the lawful
discharge of duties and under the provisions of this code shall be
defended by the legal representative of the jurisdiction until the
final termination of the proceedings. The officer or employee shall
not be liable for costs in any action, suit or proceeding that is
instituted pursuant to the provisions of this code; and any officer
or employee acting within the scope of employment and in good faith
and without malice shall be free from liability for acts performed
under any of its provisions or by reason of any act or omission in
the performance of official duties in connection therewith. Nothing
contained herein shall be deemed a waiver of the immunities and protection
afforded to the Town or officers and employees pursuant to State and
Federal law.
4.
Section 105.6 is amended to read as follows:
105.6.49 Fire Performance Art. An operational permit
is required to use open flames defined as "fire performance art" under
amended code Section 316.
5.
Section 105.7 is amended to read as follows:
105.7 Required construction permits. The building
code official is authorized to issue construction permits for work
as set forth in Sections 105.7.1 through 105.7.18.
6.
Section 108.1 is amended to read as follows:
108.1 Application for appeal. Any aggrieved person
shall have the right to appeal a decision of the code official to
the Board of Adjustment. The procedure for appeal shall be governed
by Section 113 of the Building Code of Carrollton, Missouri. The application
shall be filed on a form obtained from the code official.
7.
Delete 108.2 Limitation on authority.
8.
Delete 108.3 Qualifications.
9.
Section 109.4 is amended to read as follows:
109.4 Violation penalties. Any person who shall
violate a provision of this code or shall fail to comply with any
of the requirements thereof, shall be guilty of an ordinance violation
and upon conviction thereof, shall be punished as set forth in this
adopting ordinance. Each day that a violation continues shall be deemed
a separate offense.
10.
Delete 111.4 Failure to comply.
11.
Section 307.1 is amended to read as follows:
Section 307.1.1 Prohibit open burning that is offensive
or objectionable because of smoke or odor emissions or when atmospheric
conditions or local circumstances make such fires hazardous. Burning
will be limited to organic products such as yard waste, leaves and
tree limbs two (2) inches diameter and smaller. Burning hours are
limited to daylight hours between dawn and dusk.
12.
Section 307.5 is amended to read as follows:
Section 307.5 Attendance. Open burning, bonfires
or recreational fires shall be constantly attended by a person at
least fifteen (15) years of age until the fire is extinguished. A
minimum of one (1) portable fire extinguisher complying with Section
906 with a minimum 4-1 rating or approved on-site fire extinguishing
equipment such as dirt, sand, water barrel, garden hose or water truck
shall be available for immediate utilization.
13.
Section 308.1 is amended to read as follows:
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308.1.4 Open-flame cooking devices. Charcoal burner
and other open-flame cooking devices shall not be operated on combustible
balconies or within ten (10) feet of combustible construction.
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Exceptions:
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1.
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One- and two-family dwellings.
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2.
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Apartment buildings and condominiums.
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3.
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Where buildings, balconies and decks are protected by an automatic
sprinkler system.
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14.
SECTION 319 FIRE PERFORMANCE ART:
a.
Section 319.1 is amended to read as follows:
319.1 General. "Fire performance art" shall be
defined as any act (fire juggling, fire eating, etc.) in a public
or private place, which utilizes fire for entertainment purposes,
outside of a protective housing or in ways in which it travels through
the air (by one (1) person or multiple persons). These acts do not
include pyrotechnics or other open-flame devices as regulated by other
code sections or permits.
b.
Section 319.2 is amended to read as follows:
319.2 Permits. A permit in accordance with Section
105.6.32 shall be secured from the fire code official prior to the
date of the fire performance art taking place.
c.
Section 319.3 is amended to read as follows:
319.3 Space considerations. A ten-foot distance
shall be maintained between the fire-involved item and any member
of an audience, any combustible decoration, and any combustible item
within the immediate performance area. A minimum ten-foot ceiling
height is required.
d.
Section 319.4 is amended to read as follows:
319.4 Extinguishing agents. At minimum, one (1)
2A-10BC multipurpose fire extinguisher shall be required for every
five (5) performers at each performance. Additional fire extinguishers
may be required by the code official based upon the unique circumstances
of the performance and occupancy.
319.4.1 One (1) wet towel for each active fire
performer shall be provided to extinguish the fire implement. The
towel shall be white in color to differentiate its use from other
colors that may be used to clean up flammable or combustible liquid
spills. Towels used for cleaning up flammable or combustible liquid
spills shall be stored in a metal container with a tight-fitting lid.
319.4.2 One (1) listed fire blanket shall be provided
for every five (5) performers.
e.
Section 319.5 is amended to read as follows:
319.5 Personal safety. A five-gallon open-topped
bucket of water will be provided for each fire performance area.
319.5.1 Spotter. One (1) trained spotter
shall be provided for each performance. The spotter shall be positioned
between the active fire performer and the audience. Spotters should
be trained in the proper use of fire extinguishers. The spotter may
be a performer who is not engaged in the current performance. The
fire code official may require additional spotters based on the unique
circumstances of the performance and occupancy.
f.
Section 319.6 is amended to read as follows:
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319.6 Fuels. Approved common fuels used for fire
performance art include:
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Denatured alcohol;
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Lamp oil (odorless and smokeless);
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Kerosene (for outdoor performances only);
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Stove fuel;
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"Shell Sol T" brand fuel;
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"Allume Fue" brand fuel;
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"Fire Water" brand fuel;
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Gasoline is prohibited under any circumstances.
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319.6.1 Fuel quantities and storage. All fuels
shall be stored in their original container(s) with the caps in place
when not in use. The maximum quantity of fuel on the site shall be
one (1) U.S. gallon per performer.
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g.
Section 319.7 is amended to read as follows:
319.7 Wicks. Wick material shall consist of cotton
wrapped in Kevlar to prevent the breakdown of the cotton as it burns.
Synthetic wick material shall be avoided.
h.
Section 319.8 is amended to read as follows:
319.8 Clothing. It is recommended that the clothing
worn by the performers be made of fire-resistive materials such as
natural fibers or Nomex™/PBI.
i.
Section 319.9 is amended to read as follows:
319.9 Smoking. Smoking is prohibited within fifty
(50) feet of the performance area and fuel storage. No-smoking signs
shall be posted accordingly.
15.
Section 507.3 is amended to read as follows:
507.3 Fire flow. Fire hydrants in areas zoned as
single family or duplex shall be spaced no greater than every five
hundred (500) feet and shall be capable of flowing a minimum of eight
hundred (800) gallons of water per minute for a minimum of four (4)
hours. In all other areas, fire hydrants shall be spaced no greater
than every three hundred (300) feet and shall be capable of flowing
a minimum of one thousand five hundred (1,500) gallons of water per
minute for a minimum of four (4) hours; as measured by an approved
route around the exterior of the facility or building, on-site fire
hydrants and mains shall be provided where required by the code official.
16.
Delete 507.5.1.
17.
Delete 604.6 Emergency lighting equipment.
18.
Section 609.3 is amended to read as follows:
609.3.5 Existing fire suppression systems not meeting
the UL 300 criteria shall be upgraded to UL 300 compliant systems
within three (3) years of the adoption of this code.
19.
Section 903.2 is amended to read as follows:
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903.2.1.2 Group A-2. An automatic fire sprinkler
system shall be provided for Group A-2 occupancies where one (1) of
the following conditions exists:
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1.
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The fire area exceeds five thousand (5,000) square feet (465
m2);
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2.
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The fire area has an occupancy load of two hundred (200) or
more; or
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3.
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The fire area is located on a floor other than the level of
exit discharge.
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20.
Section 904.1 is amended to read as follows:
904.1.1. Certification of service personnel shall
include those who install and service water-based fire protection
systems. At least one (1) person employed by the company providing
the service shall possess either UL or NICET Level 1 certification
for the system they are working on.
21.
In 912.4.1, add the words "Locking fire department connection
caps." Fire department connections (FDC) shall be a four-inch Storz™
connection and shall utilize a Knox™ locking FDC cap.
22.
Section 1013.2 is amended to read as follows:
1013.2 Floor level exit signs in groups A1, A2 over five
thousand (5,000) square feet or greater than two hundred (200) occupants,
and R-1. Illuminated exit signs in A1, A2 and R-1 use groups
shall be placed above exit doors and to the side of exit doors eighteen
(18) inches from the floor. The floor level exit signs shall be protected
by a guard to prevent physical damage. This amendment shall not be
retroactive in nature, and shall not apply to structures constructed
prior to September 1, 2017.
23.
In 1013.6.2 Exit sign illumination, add the words "Internally
illuminated exit signs shall not use incandescent light bulbs relying
upon a filament for the source of illumination. This amendment shall
be applicable under the following conditions:
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In all new and remodeled construction where illuminated exit
signs are required or provided; and when exit signs are replaced or
deemed inoperable by the jurisdiction having authority; and where
an exit sign is installed in new locations in existing buildings,
upon order of the Town Fire Chief.
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This amendment shall not be retroactive in nature, and shall
not apply to structures constructed prior to September 1, 2017."
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24.
In 1103.4.2 Three (3) to five (5) stories, add Exception 5:
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5.
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Where any structure has previously received a certificate of
compliance or a certificate of occupancy, has been maintained accordingly
and complies with the following:
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a.
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Smoke detectors shall be installed in all shafts and corridors,
if such exist.
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b.
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Shaft and corridor smoke detectors shall receive their primary
power from the building wiring and when primary power is interrupted,
shall receive power from a battery. Wiring shall be permanent and
without a disconnecting switch other than those required for over-current
protection.
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c.
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All smoke detectors in shafts and corridors, if such exist,
shall be interconnected such that the actuation of one (1) alarm will
actuate all alarms in the shafts and corridors.
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d.
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Existing windows in a sleeping room shall not be eliminated.
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25.
In 1104.16.5 Materials and strength, add Exception:
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Exception: If the existing fire escape stairway does not serve
an assembly occupancy and is less than or equal to thirty (30) inches
wide then it shall support a live load of forty (40) pounds per square
foot and a concentrated load of three hundred (300) pounds as for
catwalks in IBC Table 1607.1.
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26.
In 1104.20 Common path of egress travel, add Exception:
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Exception: R-2 occupancies that meet the following:
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Where any structure has previously received a certificate of
compliance or a certificate of occupancy, has been maintained accordingly
and complies with the following:
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a.
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Smoke detectors shall be installed in all shafts and corridors,
if such exist.
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b.
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Shaft and corridor smoke detectors shall receive their primary
power from the building wiring and, when primary power is interrupted,
shall receive power from a battery. Wiring shall be permanent and
without a disconnecting switch other than those required for over-current
protection.
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c.
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All smoke detectors in shafts and corridors, if such exist,
shall be interconnected such that the actuation of one (1) alarm will
actuate all alarms in the shafts and corridors.
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d.
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Existing windows in a sleeping room shall not be eliminated.
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27.
Section 3103.2 is amended to read as follows:
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3103.2 Approval required. Tents and membrane structures
having an area in excess of four hundred (400) square feet (37 m2)
shall not be erected, operated or maintained for any purpose without
first obtaining a permit from the community development department
and inspection from the fire code official.
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Exceptions to permit and inspection:
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1.
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Tents used exclusively for recreational camping purposes.
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Exceptions to inspections (permit required):
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1.
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Tents which comply with all of the following:
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1.1.
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Individual tents having a maximum size of one thousand (1,000)
square feet (92.9 m2) and erected for less than three (3) days.
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1.2.
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The aggregate area of multiple tents placed side by side without
a fire break clearance of twelve (12) feet (3,658 mm), not exceeding
one thousand (1,000) square feet (92.9 m2) total and erected for less
than three (3) days.
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28.
Section 3103.8 is amended to read as follows:
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3103.8.2 Location. Tents or membrane structures
shall not be located within twenty (20) feet (6,096 mm) of buildings,
other tents or membrane structures, or internal combustion engines
for generators. For the purpose of determining required distances,
support ropes and guy wires shall be considered as part of the temporary
membrane structure or tent.
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Exceptions:
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1.
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Membrane structures or tents need not be separated from buildings
when all of the following conditions are met:
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1.1.
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The aggregate floor area of the membrane structure or tent shall
not exceed ten thousand (10,000) square feet (929 m2).
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1.2.
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The aggregate floor area of the building and membrane structure
or tent shall not exceed the allowable floor area, including increases
as indicated in the International Building Code.
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1.3.
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Required means of egress are provided for both the building
and the membrane structure or tent, including travel distances.
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1.4.
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Fire apparatus access roads are provided in accordance with
Section 503.
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3103.8.6 Fire break. An unobstructed fire break
passageway or fire road not less than twelve (12) feet (3658 mm) wide
and free from guy ropes or other obstructions shall be maintained
on all sides of all tents and membrane structures where separation
is required per Section 3103.8.2 unless otherwise approved by the
fire code official.
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29.
Section 3103.12 is amended as follows:
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3103.12.7 Means of egress illumination. (Add exception):
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Exception: Tents used during daylight hours and open on all
sides are not required to provide means of egress illumination unless
required by the fire code official.
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30.
CHAPTER 50 — HAZARDOUS MATERIALS — GENERAL
PROVISIONS.
a.
SECTION 5006. COST RECOVERY FOR HAZARDOUS
SUBSTANCES RELEASES.
(1)
Section 5006.1 is amended to read as follows:
5006.1 The Fire Department, through the Chief,
or his designee, is authorized on behalf of the Town, to assess and
seek reimbursement for all costs incurred by the Fire Department and
the Town in response to a hazardous substance release for which it
provides services, within the scope of Section 260.546, RSMo.
(2)
Section 5006.2 is amended to read as follows:
5006.2 The Chief, or his designee, shall follow
the process set out in Section 260.546, RSMo., in seeking such reimbursement,
and shall provide the statement of costs and other documentation as
required by said statute. The Town Attorney shall assist and represent
the Town and the Chief, or his designee, in all proceedings in connection
with seeking such reimbursement.
(3)
Section 5006.3 is amended to read as follows:
5006.3 The Chief shall also establish a schedule
of costs and hourly rates for its responses to such hazardous substance
releases based on actual costs and compensation rates of the personnel
involved, which shall be kept on file with the Town Clerk and the
Fire Department. This schedule may be updated periodically, but not
more frequently than once every twelve (12) months, with each revised
schedule to be kept on file with the Town Clerk and the Fire Department.
(4)
Section 5006.4 is amended to read as follows:
5006.4 The Mayor is also authorized, at his discretion,
to apply for reimbursement for such costs incurred from the hazardous
waste fund created in Section 260.391, RSMo., as described in Section
260.546.4, RSMo.
(5)
Section 5006.5 is amended to read as follows:
5006.5 The Chief or Mayor is also authorized to
seek reimbursement to recover personnel and equipment costs from responsible
parties and/or other political subdivisions for responses to hazardous
substance releases either within or outside of the Chillicothe Town
limits. The schedule for such costs shall be set out in the schedule
of costs referenced in Subsection 2706.3.
(6)
Section 5006.6 is amended to read as follows:
5006.6 This Section shall not be deemed to limit
in any way the potential legal options, recourses, and remedies available
to the Town to seek recovery of its costs and damages from any persons
or entities who may be legally responsible for such costs or damages,
or who may have a duty to insure or indemnify any such responsible
persons or entities.
31.
Section 5601.3 is amended as follows:
5601.3 Prohibited explosives. Add the following
prohibited explosive: Fireworks. The possession, manufacture, storage,
sale and use of fireworks are prohibited, except where allowed under
other ordinances of the Town.
32.
Appendix B 105.1 is amended to read as follows:
Appendix B 105.1 One- and two-family dwellings. The minimum fire flow requirements for one- and two-family dwellings
having a fire area which does not exceed three thousand six hundred
(3,600) square feet (344 m2) shall be eight hundred (800) gallons
per minute (3785L/min) for a minimum of four (4) hours.
33.
Appendix B 105.2 is amended to read as follows:
Appendix B 105.2 Buildings other than one- and two-family
dwellings. The minimum fire flow and flow duration for buildings
other than one- and two-family dwelling units shall be one thousand
five hundred (1,500) gallons per minute for a minimum of four (4)
hours. The code official may use Table 8105.1 to determine fire flows
under special circumstances.
34.
Appendix C 105.1 is amended to read as follows:
Appendix C105.1 Fire hydrant spacing. Fire hydrants
shall have a maximum spacing of five hundred (500) feet in all R-1
(single-family) and R-2 (duplex) developments and three hundred (300)
feet in all other zoning districts. Fire hydrant spacing for buildings
that are required by the 2015 Edition of the International Building
Code to have a fire flow greater than or equal to six thousand (6,000)
gallons per minute shall be regulated by Table C105.1.
Appendix C105.1.2 Fire hydrant spacing. A fire
hydrant capable of flowing a minimum of one thousand five hundred
(1,500) gallons per minute for a minimum of four (4) hours shall be
placed within one hundred (100) feet of any fire department connection
(FDC). This hydrant shall be placed so that it does not impede access
to the building or area by responding fire department equipment.
[Ord. No. 2017-1242 § 3, 8-21-2017]
A.
The punishment of a violation of this Article shall be as follows:
1.
The maximum fine combined with the amount of court costs that
can be imposed for the violation of any ordinance violation shall
be two hundred dollars ($200.00) for the first violation, two hundred
seventy-five dollars ($275.00) for the second violation, three hundred
fifty dollars ($350.00) for the third violation, and four hundred
fifty dollars ($450.00) for the fourth and any subsequent municipal
ordinance violation.
3.
A person convicted of an ordinance violation shall not be placed
in confinement for failure to pay a fine unless such non-payment violates
the terms of the person's probation or unless the due process
procedures mandated by Missouri Supreme Court Rule 37.65 or its successor
rule are strictly followed by the court.
4.
Court costs that apply shall be assessed against such person
unless the court finds that the defendant is indigent based on standards
set forth in determining such by the presiding judge of the circuit.
Such standards shall reflect model rules and requirements to be developed
by the Missouri Supreme Court.
[Ord. No. 2017-1242 § 4, 8-21-2017]
The portions of this Article shall be severable. In the event
that any portion of this Article is found by a court of competent
jurisdiction to be invalid, the remaining portions of this Article
are valid, unless the court finds the valid portions of this Article
are so essential and inseparably connected with and dependent upon
the void portion that it cannot be presumed that the Town Council
would have enacted the valid portions without the invalid one, or
unless the court finds that the valid portions standing alone are
incomplete and are incapable of being executed in accordance with
the legislative intent.
