Section 106-489; Withdrawn B209-05; Repealing Article II of Chapter 9 of the City Code relating to the 2000 Edition of the International Fire Code and enacting in lieu thereof a new Article II adopting the 2003 Edition of the International Fire Code


Ordinance No.            Withdrawn                      Council Bill No.            B 209-05           


AN ORDINANCE

repealing Article II of Chapter 9 of the City Code relating to the 2000 Edition of the International Fire Code and enacting in lieu thereof a new Article II adopting the 2003 Edition of the International Fire Code; and fixing the time when this ordinance shall become effective.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.    Article II of Chapter 9 of the Code or Ordinances, City of Columbia, Missouri, relating to the 2000 edition of the International Fire Code, is hereby repealed and in lieu thereof a new Article II, relating to the 2003 edition of the International Fire Code, is hereby enacted reading in words and figures as follows:

CHAPTER 9.  FIRE PREVENTION AND PROTECTION

. . .

Article II.  FIRE CODE

Sec. 9-21.   Adoption.

    The 2003 Edition of the International Fire Code published by the International Code Council, Inc., including appendices B, C, D, E, F and G, three copies of which have been on file with the city clerk for a period of ninety (90) days prior to the adoption of this article, is hereby adopted by reference and made a part of the Code of Ordinances, City of Columbia, Missouri as fully as if set forth in its entirety.  At least three (3) copies of the 2003 Edition of the International Fire Code shall remain on file in the office of the city clerk and shall be kept available for public use, inspection and examination.

Sec. 9-22.  Amendments.

    The code adopted by this article is hereby amended by substituting the following sections in lieu of those sections with corresponding numbers in the 2003 Edition of the International Fire Code, or, where there is no corresponding section in the code, the following sections shall be enacted as additions to the code:

101.1    Title:  These regulations shall be known as the Fire Code of Columbia, Missouri, and hereinafter referred to as this code.

Section 103.0  Fire Prevention.

103.1  Fire Chief:  The administration and enforcement of this ordinance shall be the duty of the fire chief and shall be referred to in this code as the fire code official, who is 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 fire code official as may be necessary to carry out the provisions of this code.

103.2  Appointment:  Delete.

103.3  Deputies:  Delete.

103.4 Relief from personal responsibility:  The fire code official, officer or employee charged with the enforcement of this code, while acting for the jurisdiction, shall not thereby render himself liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of any act required or permitted 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 fire code official or any subordinate shall not be liable for costs in any action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any city employee acting 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.

103.4.1 Legal defense:  Delete.

Delete sections: 105.6.3, 105.6.4, 105.6.7, 105.6.12, 105.6.13, 105.6.14, 105.6.16, 105.6.19, 105.6.20, 105.6.24, 105.6.33, 105.6.35, 105.6.40, 105.6.41 and 105.6.46

Section 108 FIRE PREVENTION CODE COMMISSION

108.1 Creation of the commission:  There is hereby created a fire prevention code commission consisting of five (5) members.

108.1.1 Membership of the commission:  The commission shall consist of five (5) members appointed by the city council. Two (2) members shall be appointed to serve for three (3) years, two (2) members shall be appointed to serve for two (2) years and one (1) member shall be appointed to serve for one year.  Thereafter, each new member shall be appointed for terms of three (3) years and until a successor has been appointed. Appointments to fill vacancies shall be for unexpired terms only.

108.1.2 Qualifications of commission members:  The commission shall be composed of individuals with the following qualifications:

1.    Design professional.  One member shall be a practicing design professional registered in the practice of engineering or architecture in the state of Missouri.

2.    Fire protection engineering professional.  One member shall be a qualified engineer, technologist, technician or safety professional trained in fire protection engineering, fire science or fire technology.  Qualified representatives in this category shall include fire protection contractors and certified technicians engaged in fire protection system design.

3.    Industrial safety professional.  One member shall be a registered industrial or chemical engineer, certified hygienist, certified safety professional, certified hazardous materials manager or comparably qualified specialist experienced in chemical process safety or industrial safety.

4.    General contractor.  One member shall be a contractor regularly engaged in the construction, alteration, maintenance, repair or remodeling of buildings or building services and systems regulated by the code.

5.    General industry or business representative.  One member shall be a representative of business or industry not represented by a member from one of the other categories of board members described above.

108.1.3 Commission chair:  The board shall select one of its members to serve as chair and the fire code official shall designate a clerk from the department to serve as secretary to the board, who shall keep a detailed record of all proceedings on file in the fire department.

108.1.4 Meetings:  Upon the request of any commissioner or whenever there is any business to transact before the commission, the commission shall meet once each month.

108.1.5 Absence of commissioners:  The chair of the commission is authorized to excuse any member from attendance at a commission meeting; provided, that the member requested to be excused before the meeting. Any member who is absent, without being excused, from twenty-five (25) per cent of the regular commission meetings held in a calendar year shall automatically forfeit the office. Any member who is absent, without being excused, from three (3) consecutive regular meetings shall automatically forfeit the office. It shall be the duty of the chair to promptly notify the city council of the vacancy. The city council, upon such notice, shall appoint a new commissioner with equal qualifications to fill the remainder of the original term.

108.2  Application for appeals:  The owner of a building or structure or any person directly affected by a decision of the fire code official may appeal to the fire prevention code commission from a decision of the official refusing to grant a modification, variance or waiver to the provisions of the Fire Prevention Code covering the manner of construction or materials to be used in the construction, erection, alteration, or repair of a building or structure.  Application for appeal may be made when it is claimed that the true intent of the code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, an equally good or better form of construction can be used, or undue hardship is created by strict compliance with the letter of the code but has no significant effect on the health, safety and welfare of the public or any individual when covering:

    1.    The hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices;

    2.    Conditions hazardous to life, property or public welfare in the occupancy of structures or premises;

    3.    Fire hazards in the structure or premise from occupancy or operation;

    4.    Matters related to the construction, extension, repair, alterations or removal of fire suppression alarm systems.

108.3 Notice of meeting:  The commission shall meet upon notice of the chair within ten (10) days of filing of an appeal or at stated periodic meetings if warranted by the volume of work.

108.4 Public hearing:  All hearings and meetings of the commission shall be public.  All hearings considering an appeal of a ruling of the fire code official shall be on the record and be recorded by a person qualified as a court reporter.  At the appeal hearing, the appellant, and appellant's representative, the official of the jurisdiction and any other person whose interests may be affected by the matter on appeal, shall be given an opportunity to be heard.  All testimony on matters on appeal shall be given under oath.

108.5 Adjourned meeting:  When four (4) commissioners are not present to consider a specific appeal, either the appellant, the fire code official or their representative may request a postponement of the hearing.

108.6 Action of the commission:  The commission shall affirm, modify or reverse the decision of the fire code official by a concurring vote of three (3) members.  Every action of the commission shall be by motion or resolution and the commission's decision shall be evidenced by certified copies which shall be furnished to the appellant and to the fire code official.

108.7 Exemption of members:  A member of the commission shall not vote on any question in which that member is engaged as contractor, material dealer, or in the preparation of plans or specifications, or in which the commission member has any personal interest.

108.8 Determining vote:  Failure to secure three (3) concurring votes shall be deemed a confirmation of the decision of the fire code official.

108.9 Enforcement of decision:  The fire code official shall take immediate action in accordance with the decision of the commission.

108.10 Court review:  Any person aggrieved by a decision of the commission may appeal to the circuit court as provided by Chapter 536 of the Revised Statutes of Missouri.

109.3    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 a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment not exceeding one year, or by both such fine and imprisonment.  Each day that a violation continues shall be deemed a separate offense.

110.1.2 Structural hazard:  Delete.

111.4 Unlawful continuance:  Any person who shall continue 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 a violation or unsafe conditions, shall be liable to a fine of not less than one hundred dollars ($100.00) or more than one thousand dollars ($1,000.00).

304.1.2 Vegetation:  Delete.

308.3.1 Open-flame cooking devices. Charcoal burner and other open flame cooking devices shall not be operated on combustible balconies or within 10 feet of combustible construction

    Exceptions:

    1.    One- and two-family dwellings.
    2.    Apartment buildings and condominiums.
    3.    Where buildings and decks are protected by an automatic sprinkler system.

308.3.1.1 Liquefied-petroleum-gas-fueled cooking devices.  No change to the code requirements, the exceptions are amended as follows:

    Exceptions:

    1.    One- and two-family dwellings.
    2.    Apartment buildings and condominiums.
    3.    Where buildings and decks are protected by an automatic sprinkler system.

508.5: Delete.

508.5.1: Delete.

610.3 Maintenance: Commercial kitchen exhaust systems shall be cleaned to remove deposits of residue and grease in the system at intervals specified in the cleaning schedule required to be submitted in accordance with the mechanical code listed in Chapter 46. Thorough cleaning of ducts, hoods and fans shall require scraping, brushing or other positive cleaning methods. Where a cleaning schedule is not on file, the code official shall require a schedule to be submitted, indicating the method of cleaning and the time intervals between cleaning.

704.1    Enclosure.  (Add exception.)

Exception: Where any structure with a classified occupancy of R-2 or R-3, has previously received a certificate of compliance or a certificate of occupancy, has been maintained accordingly and complies with the following:

    a.    Smoke detectors shall be installed in all shafts and corridors, if such exist.

    b.    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 overcurrent protection.

    c.    All smoke detectors in shafts and corridors, if such exist, shall be interconnected such that the actuation of one alarm will actuate all the alarms in the shafts and corridors.

    d.    Any structure in compliance with the provisions of section 704.1 shall maintain such compliance.

This exception shall not apply to structures that are renovated, remodeled or altered in excess of fifty (50) percent of the current value of the structure.

907.2.10 (Add exception.)

Exception: Where any structure has previously received a certificate of compliance or a certificate of occupancy, has been maintained accordingly and complies with the following:

    a.    Smoke detectors shall be installed in all shafts and corridors, if such exit.

    b.    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 overcurrent protection.

    c.    All smoke detectors in shafts and corridors, if such exist, shall be interconnected such that the actuation of one alarm will actuate all the alarms in the shafts and corridors.

    d.    Existing windows in a sleeping room shall not be eliminated.

This exception shall not apply to structures that are renovated, remodeled or altered in excess of fifty (50) percent of the current value of the structure.

1011.5.2 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:

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 fire code official.

This amendment shall not apply to structures which were constructed or for which a building permit was issued before the effective date of this ordinance.

1018.2 Buildings with one exit. (Add the words.)

. . .

4.  Where any structure has previously received a certificate of compliance or a certificate of occupancy, has been maintained accordingly and complies with the following:

    a.    Smoke detectors shall be installed in all shafts and corridors, if such exist.
    b.    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 overcurrent protection.

    c.    All smoke detectors in shafts and corridors, if such exist, shall be interconnected such that the actuation of one alarm will actuate all the alarms in the shafts and corridors.

This exception 4 shall not apply to structures that are renovated, remodeled or altered in excess of fifty (50) percent of the current value of the structure.

1026.17 Corridors.  (Add exception)

. . .

5.  Where any structure has previously received a certificate of compliance or a certificate of occupancy, has been maintained accordingly and complies with the following:

    a.    Smoke detectors shall be installed in all shafts and corridors, if such exit.

    b.    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 overcurrent protection.

    c.    All smoke detectors in shafts and corridors, if such exist, shall be interconnected    such that the actuation of one alarm will actuate all the alarms in the shafts and corridors.

This exception 5 shall not apply to structures that are renovated, remodeled or altered in excess of fifty (50) percent of the current value of the structure.

3301.1.3 Fireworks.  The manufacture, storage, sale and use of fireworks are prohibited, except where allowed under Section 16-234 of the Code of Ordinances.

B105.1 One and Two Family Dwellings.  The minimum fire flow requirements for one and two family dwellings having a fire area which does not exceed 3,600 square feet (344m2) shall be 800 gallons per minute (3785L/min).

C102.2 Fire hydrant location. A fire hydrant shall be located within 100 feet of a fire department automatic sprinkler fire suppression system connection, a water fire suppression standpipe or where required by the code official.

C105.1 Distribution of Fire Hydrants.  Fire hydrants shall have a maximum spacing of 500 feet in all one R-1 (Single family) and R-2 (Duplex) developments and 300 feet in all other zoning districts.  Fire hydrant spacing for buildings that are required by the International Building Code / 2003 to have a fire flow greater than or equal to 6,000 gallons per minute shall be regulated by Table C105.1.

D106.  Delete.

D107.  Delete.

    SECTION 2.    The repeal of Article II of Chapter 9 of the Code of Ordinances, City of Columbia, Missouri, relating to the 2000 Edition of the International Fire Code, shall not affect any offense or act committed or done or any penalty or forfeiture incurred before the effective date of this ordinance.

    SECTION 3.    This ordinance shall be in full force and effect from and after September 1, 2005.

    WITHDRAWN this 6th day of September, 2005.