# Fire Marshals in MO about to lose power



## gbhammer (Mar 30, 2012)

HB 1397 has already been read and will be up for vote.

***321.228. 1. As used in this section, the following terms shall mean:

************(1) "Residential construction", new construction and erection of detached single-family or two-family dwellings or the development of land to be used for detached single-family or two-family dwellings;

************(2) "Residential construction regulatory system", any bylaw, ordinance, order, rule, or regulation adopted, implemented, or enforced by any city, town, village, or county that pertains to residential construction, to any permitting system, or program relating to residential construction, including but not limited to the use or occupancy by the initial occupant thereof, or to any system or program for the inspection of residential construction. Residential construction regulatory system also includes the whole or any part of a nationally recognized mode code, with or without amendments specific to such city, town, village, or county.

************2. Notwithstanding the provisions of any other law to the contrary, if a city, town, village, or county adopts or has adopted, implements, and enforces a residential construction regulatory system applicable to residential construction within its jurisdiction, any fire protection districts wholly or partly located within such city, town, village, or county shall be without power, authority, or privilege to enforce or implement a residential construction regulatory system purporting to be applicable to any residential construction within such city, town, village, or county. Any such residential construction regulatory system adopted by a fire protection district or its board shall be treated as advisory only and shall not be enforced by such fire protection district or its board.

************3. Notwithstanding the provisions of any other law to the contrary, fire protection districts:

************(1) Shall have final regulatory authority regarding the location and specifications of fire hydrants, fire hydrant flow rates, and fire lanes, all as it relates to residential construction; and

************(2) May inspect the alteration, enlargement, replacement or repair of a detached single-family or two-family dwelling; and

************(3) Shall not collect a fee for the services described in subdivisions (1) and (2) of this subsection.


----------



## cda (Mar 30, 2012)

at least they have a little say so::

Notwithstanding the provisions of any other law to the contrary, fire protection districts:

 ************(1) Shall have final regulatory authority regarding the location and specifications of fire hydrants, fire hydrant flow rates, and fire lanes, all as it relates to residential construction; and

 ************(2) May inspect the alteration, enlargement, replacement or repair of a detached single-family or two-family dwelling; and

 ************(3) Shall not collect a fee for the services described in subdivisions (1) and (2) of this subsection.

anyone know what prompted this????????


----------



## fatboy (Mar 30, 2012)

Our FM office does not do anything with residential construction, unless there is a NFPA sprinkler system required.


----------



## mtlogcabin (Mar 30, 2012)

Their power over an IRC dwelling has always been limited to the required water supplied, access roads and property identification or a sprinkler sytem IF installed.

102.5 Application of residential code.

Where structures are designed and constructed in accordance with the International Residential Code , the provisions of this code shall apply as follows:

1. Construction and design provisions: Provisions of this code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire apparatus access and water supplies. Where interior or exterior systems or devices are installed, construction permits required by Section 105.7 of this code shall also apply.

2. Administrative, operational and maintenance provisions: All such provisions of this code shall apply.


----------



## gbhammer (Apr 19, 2012)

The HBA has put this are very similar wording in 5 separate bills so far and I have heard that it is goning into at least 20 or more total bills. The only difference is that the very first bills gave the fire marshals a chance to review sites, that wording has been removed from the later legislation.


----------



## Coug Dad (Apr 20, 2012)

I don't see what "power" they are losing.  Their job is to enforce the codes and standards adopted by regulatory and legislative authority.  They still have the power to enforce the adopted codes as they did in the past.  Some may have lost the discussion as to which codes should be adopted, but that is a different issue.


----------

