An ordinance repealing and replacing in its entirety ordinance #003-2017 of the Nixa Fire Protection District for the establishment of minimum regulations governing the international fire code 2018 edition.
An ordinance adopting the 2018 edition of the International Fire Code, 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 Nixa Fire Protection District providing for the issuance of permits and collection of fees therefor; repealing ordinance No. 003-2017 of the Nixa Fire Protection District and all other ordinances or parts of laws in conflict therewith.
The Nixa Fire Protection District does ordain as follows:
Section 1. That a certain document, three (3) copies of which are on file in the office of the Fire Inspector of Nixa Fire Protection District, being marked and designated as the International Fire Code, 2018 edition, including Appendix Chapters B, C, D, E, F, G, I, and all references and standards, (see International Fire Code Section 101.2.1, 2018 edition), as published by the International Code Council, be and is hereby adopted as the Fire Code of the Nixa Fire Protection District, in the State of Missouri 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 as herein provided; 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 Nixa Fire Protection District are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance.
Section 2. That the following sections are hereby revised:
Section 101.1. Insert: Nixa Fire Protection District
Section 110
110.4 Violations penalties. Delete and replace with:
PENALTIES
Any person within the Nixa Fire Protection District violating any of the provisions of these codes or failing to comply with any order issued pursuant to any section thereof; or who shall erect, construct, alter or repair a building, structure or system in violation of an approved plan or directive of the code official or of a permit or certificate issued under the provisions of these codes shall be guilty of a misdemeanor and punishable as set out in the Circuit Court of Christian County and upon conviction thereof, shall be subject to a fine of not less than fifty dollars ($50.00) or not more than five hundred dollars ($500.00) or imprisonment in the county jail for a period not exceeding ninety (90) days, or both. Each day that a violation continues, after service of notice of a violation as provided for in these codes, shall be deemed a separate offense for purposes of the penalties and remedies specified in this section. Service of a notice of a violation as set forth herein shall not be required in order to prosecute a person for a violation of any provision of these codes, except such notice shall be required to prosecute a person for failure to comply with an order.
Section 112
112.4 Failure to comply Delete and replace with:
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 punished in accordance with this Ordinance, the Ordinances of the City of Nixa, or if in the county portion of the Nixa Fire Protection District, in accordance with the Prosecution of Violations and Penalties in the county building codes and regulations.
Section 506
506.1 Key Boxes, of the 2018 International Fire Code shall be amended to read as follows;
- Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the code official is authorized to require a key box to be installed in an accessible location. The key box shall be of an approved type and shall contain keys to gain access as required by the code official. The KNOX Key Box shall be ordered from knoxbox.com.
506.1.1 Locks, of the 2018 International Fire Code shall be amended to read as follows;
- When a building within the Nixa Fire Protection District is protected by an automatic fire suppression or standpipe system.
- When a building is protected by an automatic alarm system and/or access to or within a building, or an area within that building, is unduly difficult because of secured openings, and where immediate access is necessary for life saving or firefighting purposes.
- When a property is protected by a locked fence or gate and where immediate access to the property is necessary for life saving or firefighting purposes.
- Any change of occupancy including renovations or remodel in a building meeting the requirements above.
- The KNOX Rapid Entry System shall be located;
- Gated areas and secured areas around buildings and residential areas will be required to have a KNOX Key Switch or KNOX Pad Lock for emergency access.
- Buildings shall place the box at or near the left of the recognized public entrance on the exterior of the structure approved by the Fire Marshal.
- The lock box shall be located at a height of not less than four (4) feet and not more than six (6) feet above final grade.
- An alternate location shall be approved by the Fire Marshal if construction features do not allow for placement near the entrance.
- No steps, displays, signs or other fixtures, or structure protrusions shall be located under the box which would allow intruders to access the box without assistance.
- The KNOX Box shall contain the keys and items of the following;
- The main entrance door
- Alarm room
- Mechanical rooms
- Sprinkler control rooms
- Any other room specified during plan review
- Fire alarm control panel
- Special keys to pull-stations or other fire protection devices
- Elevator keys
- Alarm codes or alarm silencing procedure
The keys shall be labeled to be easily identified in the field.
Section 3. That ordinance No. 003-2017 of Nixa Fire Protection District entitled 2012 International Fire Code and all other ordinances or parts of laws in conflict herewith are hereby repealed.
Section 4. That if any section, subsection, sentence, clause or phrase of this legislation is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Nixa Fire Protection District hereby declares that it would have passed this law, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
Section 5. That nothing in this legislation or in the Fire Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 4 of this law; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this legislation.
Section 6. That the Nixa Fire Protection District is hereby ordered and directed to cause this legislation to be published.
Section 7. That this law and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect the first Monday of the following month from and after the date of its final passage and adoption.
Section 8. This Ordinance shall apply to all property located within the boundaries of the Nixa Fire Protection District, except that in accordance with Section 321.228 of the Revised Missouri Statutes, it will be advisory only as to Residential Construction in those areas that have adopted a “Residential Construction Regulatory System,” (which include the City of Nixa and Christian County as of the time of enactment of this Ordinance), and the Nixa Fire Protection District will not enforce or implement this Ordinance in those areas. Inspections of non-residential property under this Ordinance will be conducted by the Fire Inspector of the Nixa Fire Protection District. Initial inspections and plan reviews of commercial and all other types of construction or property may be performed by the City of Nixa, Chief Building Inspector; and/or the Christian County Building Inspector under the ICC International Fire Code as adopted by each of them, respectively, or under this Ordinance. All enforcement actions for violations of this Ordinance will be referred to the Christian County Prosecutor.
Adopted, by the Board of Directors of the Nixa Fire Protection District, this 17th day of September, 2019, and shall take full force and effect as of the October 1, 2019.