Section 307. Open burning and restrictions/allowable burning.

1.   General provisions.  No person may conduct, cause, permit or allow the disposal of trade waste, construction waste, salvage operation waste, or demolition project waste by open burning, except as provided for herein. This open burning prohibition includes, but is not limited to, tires, rubber products, asbestos-containing material, hazardous material, styrofoam, plastics, petroleum-based products, treated wood and other refuse.  

2.   Exceptions--Permit required.

(A)   Exceptions.  The open burning of certain trade wastes and excessive quantities of vegetation in excess of 500 cubic feet may be permitted only when it can be shown that an emergency exists which requires open burning, or when it can be shown that open burning is the only safe or feasible method of disposal. Economic considerations shall not be the primary determinant of feasibility.  
(B)   Permit--Application.  Any person intending to engage in open burning shall file an application with and receive written approval from the fire chief or his designee. The application shall state the following:  
(1)   The name, address and telephone number of the person submitting the application; 
(2)   The type of business or activity involved; 
(3)   A description of the proposed equipment and operating practices, the type, quantity and composition of trade wastes and vegetation to be burned and expected composition and amount of air contaminants to be released to the atmosphere where known; 
(4)   The schedule of burning operations; 
(5)   The exact location where open burning will be used to dispose of the trade wastes and vegetation; 
(6)   Reasons why an emergency exists or no method other than open burning is feasible; 
(7)   Evidence that the proposed open burning has been approved by the fire control authority which has jurisdiction. Upon receiving written approval of the application by the fire chief or his designee, the person may proceed with the operation without being in violation of this ordinance, but approval shall not exempt the applicant from complying with the provisions of any other law, ordinance or rule; 
(8)   The owner or operator shall submit information to the fire chief or his designee prior to the issuance of the permit showing that the conditions of this subsection will be met; 
(9)   The fire chief or his designee may place conditions in the permit concerning times, methods and locations of burning in order to prevent air pollution, nuisance conditions or safety hazards; and 
(10)   The permit may be revoked if the owner or operator fails to comply with the provisions of this subsection or any conditions of the permit. 

3.   Exceptions--Permit not required.

Burning of yard waste and construction trade waste set out hereinafter shall be allowed without permit under the conditions set out in section 4 herein. "Construction trade waste," for the purposes of this ordinance, shall mean untreated milled wood products and/or scraps thereof.

(A)   The burning of yard waste and construction trade waste in quantities of less than 500 cubic feet; 
(B)   Monitored burning of yard waste and construction trade waste between the hours of 8:00 a.m. and 8:00 p.m. on a residential premise having not more than four dwelling units, provided that the refuse originates on the same premises and excludes tires, garbage or products containing hydrocarbons. Burn barrels are to have covering grates to prevent embers; 
(C)   Fires set for the purpose of training fire fighters and industrial employees in fire fighting methods provided that 1) the training is conducted in strict accordance with National Fire Protection Association NFPA 1403 "Standard on Live Fire Training Evolutions in Structures," for fire fighters and NFPA 600 for industrial employees; and 
(D)   Camp fires and other fires used solely for recreational purposes, for ceremonial occasions or for outdoor noncommercial preparation of food. 

4.   Conditions.

All burning, whether or not a permit is required, shall be subject to the following conditions:

(A)   The open burning will take place at a time of day when atmospheric conditions will permit adequate dispersion of smoke, but only between the hours of 8:00 a.m. to 8:00 p.m., or as otherwise specified by the fire chief or his designee; 
(B)   The fire chief or his designee shall prohibit open burning that will be offensive or objectionable due to smoke or odor emissions when atmospheric conditions or local circumstances make such fires hazardous. The fire chief or his designees shall order the extinguishment of any open burning which creates or adds to a hazardous or objectionable situation; 
(C)   The open burning shall not create a fire hazard. Burning shall not take place within 50 feet of any ignitable material; 
(D)   Nothing in this rule may be construed to permit open burning which causes or constitutes a public health hazard, nuisance, or a hazard to vehicular or air traffic, nor which violates any other rule or statute; and 
(E)   The fire chief or his designee may prohibit any open burning during hazardous atmospheric conditions and at any time any state agency has issued a no burn order.

ARTICLE I. IN GENERAL

Sec. 23-1. Fire prevention code.

That a certain document, three (3) copies of which are on file in the office of the city clerk, being marked and designated as the International Fire Code, 2003 Edition, as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Jackson 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 in the city and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said fire code on file in the office of the city are hereby referred to, adopted, and made a part hereof as if fully set out herein. 
(Ord. No. 2976, § 2, 3-5-90; Ord. No. 3403, § 1, 4-3-95; Ord. No. 05-116, § 1, 9-19-05) 
Cross references:  Standard technical codes, § 11-2 et seq.; electrical code, § 41-240.  

Sec. 23-2. Vehicles to pull to the curb upon sounding of fire siren. 
Upon the sounding of the fire siren of the city, all vehicles, if in the right-of-way of any fire truck, shall immediately pull to the curbline of the street, avenue, highway or alley over and upon which they may be traveling and bring their vehicles to a complete stop and remain at said position and at a complete stop until said fire vehicle has passed.
(Ord. No. 2976, § 2, 3-5-90)

Sec. 23-3. Obstructing fire plugs.

It is unlawful to obstruct by any means or manner a fire plug in the city. 
(Ord. No. 2976, § 2, 3-5-90)

Sec. 23-4. Amendments to the International Fire Code. 

The following sections of the 2003 International Fire Code are hereby revised as follows:

(1)   Section 101.1. Title.  Section 101.1 is hereby revised by inserting as "NAME OF JURISDICTION" the "City of Jackson, Missouri."  
(2)   Section 103.2. Enforcement officer.  Section 103.2 is hereby revised to read as follows:  
103.2 Enforcement officer.  The city administrator shall designate an enforcement officer to enforce the provisions of the Fire Code as herein set forth. References in this code to the "code official" shall be and mean the enforcement officer designated by the city administrator.  
(3)   Section 108. Board of Appeals.  Section 108 of the International Fire Code is amended by replacing said section with the following:

SECTION 108. BOARD OF APPEALS
108.1  Any person shall have the right to appeal a decision or interpretation of the building or code official to the Zoning Board of Adjustment and may do so in the same manner as provided by Chapter 65 of the Code of Ordinances of the City of Jackson.

(4)   Section 109.3. Violation penalties.  Section 109.3 is hereby revised to read as follows:  
109.3 Violation penalties.  Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment not exceeding 90 days, or both such fine and imprisonment. Each daythat a violation continues after due notice has been served shall be deemed a separate offense. 

(5)   Section 111.4. Failure to comply.  Section 111.4 is hereby revised to read as follows:  
111.4 Failure to comply.  Any person who shall continue any work 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 condition, shall be liable to a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) or by imprisonment not exceeding 90 days, or both such fine and imprisonment. 

(6)   Section 307. Open Burning and Recreational Fires.  Section 307 is hereby deleted in its entirety and replaced with the following:  See Burning Ordinance 

(7)   Section 505.1. Address numbers.  Section 505.1 is hereby revised to read as follows:  
505.1 Address numbers.  Address numbers shall be as required in Chapter 55, Article II, of the Code of Ordinances of the City of Jackson.  

(8)   Section 3204.3.1.1. Location.  Section 3204.3.1.1 is hereby revised to read as follows:  
3204.3.1.1 Location.  Storage of flammable cryogenic fluids in stationary containers outside buildings is prohibited, except that storage of flammable cryogenic fluids shall be allowed for hospital use or in areas zoned for industrial use.
  
(9)   Section 3404.2.9.5.1. Locations where above-ground tanks are prohibited.  Section 3404.2.9.5.1 is hereby revised to read as follows:  
3404.2.9.5.1 Locations where above-ground tanks are prohibited.  Storage of Class I and Class II liquids in above-ground tanks is prohibited, except in (a) non-flood hazard areas zoned for industrial use or (b) in C-1, Local Commercial or C-2, General Commercial Districts where it is shown to be impractical to install underground tanks and where a special use permit for said storage has been granted. 

(10)   Section 3406.2.4.4. Locations where above-ground tanks are prohibited.  Section 3406.2.4.4 is hereby revised to read as follows:  
3406.2.4.4 Locations where above-ground tanks are prohibited.  Storage of Class I and Class II liquids in above-ground tanks is prohibited, except (a) in non-flood hazard areas zoned for industrial use or (b) in C-1, Local Commercial or C-2, General Commercial Districts where it is shown to be impractical to install underground tanks and where a special use permit for said storage has been granted.  

(11)   Section 3804.2. Maximum capacity within established limits.  Section 3804.2 is hereby revised to read as follows:  
3804.2 Maximum capacity within established limits.  Within the limits established herein restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a water capacity of 2000 gallons except that in areas zoned for commercial or industrial use a special use permit for greater storage capacity may be granted if it is shown that said storage is sufficiently designed and separated from adjacent property so as to not endanger adjacent property.  

(12)   That all references to board of appeal set out in the International Fire Code shall mean the zoning board of adjustment as established by chapter 65 of this Code. 
(13)   That all references in the International Fire Code to the ICC Electrical Code shall mean the National Electrical Code (NEC) 2002 (as set forth in section 11-5 of this Code), unless otherwise amended by chapter 41 of this Code. 

(Ord. No. 05-116, § 2, 9-19-05) 
Editor's note:  Ord. No. 05-116, § 2, adopted Sept. 19, 2005, repealed the former § 23-4, and enacted a new § 23-4 as set out herein. The former § 23-4 pertained to amendments to the BOCA National Fire Prevention Code and derived from Ord. No. 3857, § 1, adopted July 6, 1999.  

Sec. 23-5. Homecomers, carnivals and celebrations. 

(a)   The board of aldermen of the city, or its designate may from time to time order the closing of certain streets within the city for the purpose of homecomers, carnivals or celebrations. In the event that any street is closed for such purposes, then the following requirements will be met: 

(1)   A fire lane of at least eighteen (18) feet will be maintained. 

(2)   All temporary wiring shall be done in a manner to comply with the ordinances of the city; and no bare, frayed or dangerous wiring shall be used. 

(3)   All other requirements of any fire prevention codes adopted by the city shall be complied with. 

(4)   In the event that carnival type rides or other private amusement equipment are placed on or near the city streets, then fencing sufficient to assure the safety of pedestrian traffic shall be placed around each ride or equipment and all state and manufacturer safety requirements shall be maintained on each ride or equipment. 

(b)   The fire chief, or such other person as the city administrator may designate, shall inspect all activities relating to homecomers, carnivals or celebrations to assure compliance with the requirements of this section. In the event that a violation is found and in the event that the violation is not immediately corrected, the fire chief shall have the authority to immediately make appropriate emergency orders to bring the activity into compliance with the Code. Failure to comply with emergency orders under this section shall be deemed to be punishable under section 1-20 of the Code. The fire chief may also order any vehicle or temporary structure blocking any fire lane to be towed or removed at the owner's expense. 

(Ord. No. 03-115, § 1, 10-20-03) 
Secs. 23-6--23-50. Reserved.

ARTICLE II. FIREWORKS

Sec. 23-51. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings as described to them in this section, except where the context clearly indicates a different meaning: 

Aerial fireworks  means any fireworks that utilize a straight and rigid stick of wood, plastic or other material attached to a propellant tube or driver to stabilize or direct flight.  
Common fireworks  means the articles of fireworks which are classified as common fireworks under Class C explosives in RSMo 320.106(2) or as defined as common fireworks by the regulations of the United States Department of Transportation for the transportation of explosive and other dangerous articles.  
Explosive composition  means a chemical or mixture of chemicals that produces an audible effect by deflagration or detonation when ignited.  
Fireworks  means a combustible or explosive composition or any substance or combination of substances or articles prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation.  
Fireworks stand  means a temporary structure used exclusively for the sale of fireworks and related items.  
Permissible fireworks  means those fireworks permissible for sale to and use by the general public and described in this article as:  
(1)   Common fireworks; 
(2)   Novelties without explosive composition or pyrotechnic composition; 
(3)   Trick noisemakers without explosive composition or pyrotechnic composition. 
Pyrotechnic composition  means a mixture of chemicals that produces a visible or audible effect by combustion rather than deflagration or detonation. "Pyrotechnic compositions" will not explode upon ignition unless severely confined.  
Special fireworks  means all articles of fireworks that are classified as special fireworks under Class B explosives in the regulations.  
(Ord. No. 3174, § 1, 10-19-92; Ord. No. 03-72, § 1, 6-17-03; Ord. No. 04-18, § 1, 2-17-04) 
State law references:  Similar provisions, RSMo 320.106.  

Sec. 23-52. General restrictions. 

Except as provided in this article, it shall be unlawful for any person: 
(1)   To possess for sale within the city, sell or offer for sale at retail, or use within the city any fireworks other than permissible fireworks; 
(2)   To sell fireworks to anyone under seventeen (17) years of age except when such child is in the presence of a parent or guardian. 
(3)   Under seventeen (17) years of age to sell fireworks or work in a facility where fireworks are stored, sold or offered for sale unless supervised by an adult; 
(4)   To use, ignite or set off any fireworks inside of any building, enclosure, business, inhabitable structure, motor vehicle or trailer. 
(Ord. No. 3174, § 1, 10-19-92; Ord. No. 03-72, § 2, 6-17-03; Ord. No. 04-18, § 2, 2-17-04) 

Sec. 23-53. License required. 

Each dealer in fireworks, at wholesale or retail, shall first obtain all permits required by the United States and the State of Missouri and provide proof thereof as a basis for any license issued under this article. Each dealer in fireworks, at wholesale or retail, before selling any article of fireworks, shall obtain from the city clerk a license to sell fireworks for each location at which fireworks are to be offered for sale. Each license shall bear the date of expiration on the face thereof, shall designate the location for which it is granted, shall not be transferable, and shall only be issued after inspection and approval of the premises by the fire inspector. Each license to sell fireworks shall be for the period of time set forth in section 23-57 of this Code. Any dealer in fireworks holding a permit under this section shall be subject to inspection by the fire inspector, and in the event the fire inspector finds any violation of any requirement of this article the permit shall be revoked. 
(Ord. No. 3174, § 1, 10-19-92; Ord. No. 03-72, § 3, 6-17-03; Ord. No. 04-18, § 3, 2-17-04) 
Cross references:  Licenses and business regulations, Ch. 37.

Sec. 23-54. Adoption of codes and common nomenclature of fireworks. 

The city hereby adopts the following requirements for fireworks: 
(1)   Certain documents, three (3) copies of which are on file in the office of the city clerk, being marked and designated as (a) "NFPA 1123 Code for Fireworks Display 2000 Edition," (b) "NFPA 1124 Code for the Manufacture, Transportation, and Storage of Fireworks and Pyrotechnic Articles 1998 Edition," and (c) "NFPA 1126 Standard for the Use of Pyrotechnics before a Proximate Audience 2001 Edition," as published by the National Fire Protection Association International, an international code standards organization, are hereby adopted as the fireworks and fireworks display standards for the city for the control of the display, manufacture and use of fireworks and pyrotechnics; and each and all of the regulations, provisions, penalties, conditions and terms of such NFPA codes listed above are hereby referred to, adopted and made a part hereof as if fully set out in this article. 
(2)   No article of common fireworks shall be sold or offered for sale at retail unless it shall comply with RSMo 320.106--320.161 and shall be properly named to conform to the nomenclature in section 23-51 and unless its classification as common fireworks is certified to by imprinting on the article or retail container "I.C.C. Class C common fireworks," such imprinting to be of sufficient size and so positioned as to be readily recognized. 
(Ord. No. 3174, § 1, 10-19-92; Ord. No. 03-72, § 4, 6-17-03)

Sec. 23-55. Permit for public display of fireworks. 

The board of aldermen may issue a permit for a maximum period of twenty-four (24) consecutive hours for the possession and use of fireworks, including special fireworks, for the purpose of organized public fireworks exhibitions, provided that the permit holder complies with: 
(1)   The fireworks regulations of the department of public safety of Missouri; 
(2)   The federal explosives law and regulations of the bureau of alcohol, tobacco and firearms of the United States Department of the Treasury; 
(3)   All provisions of this article of the Code. 
If after the issuance of the permit under this section there occurs a violation of any requirement of this section, the fire inspector shall revoke said permit. 
(Ord. No. 3174, § 1, 10-19-92; Ord. No. 03-72, § 5, 6-17-03)

Sec. 23-56. Safety requirements. 

(a)  No permissible fireworks may be sold at retail without a retail license. The license must be on display at the location where the retail sale takes place. 
(b)  No license shall be issued for any location where paints, oils or varnishes are manufactured or kept for use or sale nor where resin, turpentine, gasoline or other similar inflammable substances or any substance which may generate inflammable vapors is used, stored or offered for sale or where the fire inspector shall determine that any condition exists which makes the storage or sale of fireworks at such location unusually hazardous. 
(c)  No fireworks shall be stored, kept, sold or discharged within one hundred (100) feet of any gasoline pump, gasoline, filling station, gasoline bulk station or any building in which gasoline or volatile liquids are sold in quantities in excess of one (1) gallon. 
(d)  Each licensee shall keep and maintain at least two (2), five (5) pounds each, A.B.C. dry chemical fire extinguishers with a 2-A rating or over, mounted in plain view, per location. 
(e)  The smoking or carrying of a lighted pipe, cigar, cigarette or tobacco in any form is prohibited in all places where fireworks are sold or displayed. 
(f)   No fireworks shall be discharged within seventy-five (75) feet of any fireworks retail sales location. 
(g)  No fireworks shall be sold or discharged within three hundred (300) feet of any church, hospital or school building. 
(h)  It shall be unlawful to offer for sale or to sell any fireworks to any intoxicated or irresponsible person. 
(i)   No person shall expose fireworks in any location where the sun may shine through glass on the fireworks displayed, or permit the presence of lighted cigars, cigarettes or pipes on the premises where fireworks are offered for sale. 
(j)   No person shall ignite or discharge any fireworks within or throw the same from a motor vehicle while within, nor shall any person place or throw any ignited article of fireworks into or at such a motor vehicle, or at or near any person or group of people. 
(k)  No person shall set off, fire or cause to explode any firecracker or fireworks upon the private property of any third person without the express consent of such person. This provision is intended to include the prohibition of throwing firecrackers or fireworks upon the private property of any person from a street or sidewalk without the express consent of such property owner. 
(l)   No fireworks shall be sold other than at a licensed fireworks stand. No fireworks stand shall be located within twenty-five (25) feet of any building of masonry construction or within fifty (50) feet of any building not of masonry construction. 
(Ord. No. 3174, § 1, 10-19-92)

Sec. 23-57. Limitations and prohibition of sale and use.

(a)   No fireworks may be sold except between the hours of 8:00 a.m. and 10:00 p.m. each day during the period from June 27th through July 4th of each year. 
(b)   No person shall discharge, ignite or explode any article of fireworks except between the hours of 10:00 a.m. and 10:00 p.m. during the period from June 27th through July 3rd of each year and between the hours of 10:00 a.m. on July 4th and 12:00 (midnight) on July 4th of each year. 
(c)   No person shall sell, distribute, possess, use, ignite or allow to be ignited any aerial fireworks within the city. 
(d)   No person under the age of seventeen (17) years of age shall possess, discharge, ignite or explode any article of fireworks within the city unless under the direct supervision of a parent or guardian. 
(e)   No person under the age of seventeen (17) years of age shall purchase or attempt to purchase any of the fireworks described in this article or present or offer to any person purported proof of age which is false, fraudulent or not actually his or her own for the purpose of purchasing any such fireworks. 
(f)   No person shall discharge, ignite or explode any article of fireworks in any municipal park in the city at any time, unless such person has received specific written authorization from the mayor and board of aldermen. For the purpose of this section, municipal park shall mean any real estate owned by the city located within its corporate boundaries, whether or not solely dedicated to recreational use. 
(g)   Nothing in this shall limit activities specifically allowed by permit issued under section 23-55. 
(Ord. No. 3174, § 1, 10-19-92; Ord. No. 3319, § 1, 8-1-94; Ord. No. 03-72, § 6, 6-17-03; Ord. No. 04-18, § 4, 2-17-04)

Sec. 23-58. Exclusions. 

Nothing in this article shall be construed as applying to toy paper caps containing not more than an average of twenty-five hundredths (0.25) of a grain of explosive composition per cap, and packed in conformance with the regulations, or as prohibiting the storage of fireworks for public display as provided in section 23-55. Nothing in this article shall be construed as applying to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public transportation or of illuminating devices for photographic use, nor as applying to the military or naval forces of the United States, or of this state, or to peace officers, nor as prohibiting the sale or use of blank cartridges for ceremonial, theatrical or athletic events. 
(Ord. No. 3174, § 1, 10-19-92)

Sec. 23-59. Penalties. 

Violation of any of the provisions of this article shall be punishable as provided in section 1-20. Violation of any of the provisions of this article shall also cause an immediate and automatic revocation of all licenses or permits issued pursuant to this chapter, and the violator shall be prohibited from selling fireworks within the city for a period of two (2) years. Furthermore, any violation which involves the sale or use of fireworks other than permissible fireworks shall cause an automatic forfeitureof that merchandise to the city. 
(Ord. No. 3174, § 1, 10-19-92)