FIRST REGULAR SESSION
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES BRUNS (Sponsor), ROBB, SCHAAF, RUESTMAN, BIVINS, WHORTON, SATER, MOORE, CORCORAN, WALLACE AND SANDER (Co-sponsors).
Read 1st time January 9, 2007 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 320.106, 320.146, 320.200, 320.271, 320.300, and 320.310, RSMo, and to enact in lieu thereof seven new sections relating to fire protection.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 320.106, 320.146, 320.200, 320.271, 320.300, and 320.310, RSMo, are repealed and seven new sections enacted in lieu thereof, to be known as sections 320.096, 320.106, 320.146, 320.200, 320.271, 320.300, and 320.310, to read as follows:
320.096. 1. Except as provided in subsection 2 of this section, fire protection districts as defined in chapter 321, RSMo, and municipal fire departments and volunteer fire protection associations as defined in this chapter shall be the sole providers of fire suppression and related activities, including but not limited to fire prevention, rescue, emergency medical services, hazardous material response, or special operations, within their legally defined boundaries.
2. Upon the approval of the governing body of a registered fire protection district, municipal fire department, or volunteer fire protection association, any other association, organization, group, or political subdivision may provide the fire protection and related activities described in this section within the legally defined boundaries of such registered fire protection district, municipal fire department, or volunteer fire protection association.
3. Any association, organization, group, or political subdivision denied authorization to provide fire protection and related services under subsection 2 of this section may, within thirty days of such denial, appeal such denial to the circuit court with jurisdiction over such registered fire protection district, municipal fire department, or volunteer fire protection association. Such appeal shall be as a trial de novo.
4. This section shall not be construed to supersede any provision in chapter 190, RSMo, or chapter 321, RSMo, relating to the formation and operation of any fire protection district, ambulance district, or ambulance service.
320.106. As used in sections 320.106 to 320.161, unless clearly indicated otherwise, the following terms mean:
(1) "American Pyrotechnics Association (APA), Standard 87-1", or subsequent standard which may amend or supersede this standard for manufacturers, importers and distributors of fireworks;
(2) "Chemical composition", all pyrotechnic and explosive composition contained in fireworks devices as defined in American Pyrotechnics Association (APA), Standard 87-1;
(3) "Consumer fireworks", explosive devices designed primarily to produce visible or audible effects by combustion and includes aerial devices and ground devices, all of which are classified as fireworks, UNO336, 1.4G by regulation of the United States Department of Transportation, as amended from time to time, and which were formerly classified as class C common fireworks by regulation of the United States Department of Transportation;
(4) "Discharge site", the area immediately surrounding the fireworks mortars used for an outdoor fireworks display;
(5) "Dispenser", a device designed for the measurement and delivery of liquids as fuel;
(6) "Display fireworks", explosive devices designed primarily to produce visible or audible effects by combustion, deflagration or detonation. This term includes devices containing more than two grains (130 mg) of explosive composition intended for public display. These devices are classified as fireworks, UNO335, 1.3G by regulation of the United States Department of Transportation, as amended from time to time, and which were formerly classified as class B display fireworks by regulation of the United States Department of Transportation;
[(6)] (7) "Display site", the immediate area where a fireworks display is conducted, including the discharge site, the fallout area, and the required separation distance from mortars to spectator viewing areas, but not spectator viewing areas or vehicle parking areas;
[(7)] (8) "Distributor", any person engaged in the business of selling fireworks to wholesalers, jobbers, seasonal retailers, other persons, or governmental bodies that possess the necessary permits as specified in sections 320.106 to 320.161, including any person that imports any fireworks of any kind in any manner into the state of Missouri;
[(8)] (9) "Fireworks", any composition or device for producing a visible, audible, or both visible and audible effect by combustion, deflagration, or detonation and that meets the definition of consumer, proximate, or display fireworks as set forth by 49 CFR Part 171 to end, United States Department of Transportation hazardous materials regulations, and American Pyrotechnics Association 87-1 standards;
[(9)] (10) "Fireworks season", the period beginning on the twentieth day of June and continuing through the tenth day of July of the same year and the period beginning on the twentieth day of December and continuing through the second day of January of the next year, which shall be the only periods of time that seasonal retailers may be permitted to sell consumer fireworks;
[(10)] (11) "Jobber", any person engaged in the business of making sales of consumer fireworks at wholesale or retail within the state of Missouri to nonlicensed buyers for use and distribution outside the state of Missouri during a calendar year from the first day of January through the thirty-first day of December;
[(11)] (12) "Licensed operator", any person who supervises, manages, or directs the discharge of outdoor display fireworks, either by manual or electrical means; who has met additional requirements established by promulgated rule and has successfully completed a display fireworks training course recognized and approved by the state fire marshal;
[(12)] (13) "Manufacturer", any person engaged in the making, manufacture, assembly or construction of fireworks of any kind within the state of Missouri;
[(13)] (14) "NFPA", National Fire Protection Association, an international codes and standards organization;
[(14)] (15) "Permanent structure", buildings and structures with permanent foundations other than tents, mobile homes, and trailers;
[(15)] (16) "Permit", the written authority of the state fire marshal issued pursuant to sections 320.106 to 320.161 to sell, possess, manufacture, discharge, or distribute fireworks;
[(16)] (17) "Person", any corporation, association, partnership or individual or group thereof;
[(17)] (18) "Proximate fireworks", a chemical mixture used in the entertainment industry to produce visible or audible effects by combustion, deflagration, or detonation, as defined by the most current edition of the American Pyrotechnics Association (APA), Standard 87-1, section 3.8, specific requirements for theatrical pyrotechnics;
[(18)] (19) "Pyrotechnic operator" or "special effects operator", an individual who has responsibility for pyrotechnic safety and who controls, initiates, or otherwise creates special effects for proximate fireworks and who has met additional requirements established by promulgated rules and has successfully completed a proximate fireworks training course recognized and approved by the state fire marshal;
[(19)] (20) "Sale", an exchange of articles of fireworks for money, including barter, exchange, gift or offer thereof, and each such transaction made by any person, whether as a principal proprietor, salesman, agent, association, copartnership or one or more individuals;
[(20)] (21) "Seasonal retailer", any person within the state of Missouri engaged in the business of making sales of consumer fireworks in Missouri only during a fireworks season as defined by subdivision (9) of this section;
[(21)] (22) "Wholesaler", any person engaged in the business of making sales of consumer fireworks to any other person engaged in the business of making sales of consumer fireworks at retail within the state of Missouri.
320.146. 1. It shall be unlawful to expose fireworks to direct sunlight through glass to the merchandise displayed, except where the fireworks are in the original package. All fireworks which the public may examine shall be kept for sale in original packages, except where an attendant is on duty at all times where fireworks are offered for sale. Fireworks shall be kept in showcases out of the reach of the public when an attendant is not on duty. One or more signs reading, "FIREWORKS--NO SMOKING" shall be displayed at all places where fireworks are stored or sold in letters not less than four inches in height.
2. Fireworks shall not be manufactured, stored, kept or sold within fifty feet of any [gasoline pump, gasoline filling station] motor vehicle fuel dispensing station dispenser, retail propane dispensing station dispenser, compressed natural gas dispensing station dispenser, gasoline or propane bulk station, or any building in which gasoline or volatile liquids are sold in quantities in excess of one gallon. The provisions of this subsection shall not apply to stores where cleaners, paints, and oils are sold in the original containers to consumers.
3. It shall be unlawful to permit the presence of lighted cigars, cigarettes, pipes, or any other open flame within twenty-five feet of where fireworks are manufactured, stored, kept, or offered for sale.
[4. Fireworks shall not be manufactured, stored, kept or sold within one hundred feet of any dispensing unit for ignitable liquids or gases.]
320.200. As used in sections 320.200 to 320.270, unless the context requires otherwise, the following terms mean:
(1) "Division", the division of fire safety created in section 320.202;
(2) "Dwelling unit", one or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit, with cooking, living, sanitary, and sleeping facilities;
(3) "Fire department", any fire protection district as defined in section 321.010, RSMo, any voluntary fire protection association as defined in section 320.300, or any agency or organization that provides fire suppression and related activities, including but not limited to fire prevention, rescue, emergency medical services, hazardous material response, or special operations to a population within a fixed and legally recorded geographical area;
(4) "Fire loss", loss of or damage to property, or the loss of life or of personal injury, by fire, lightning, or explosion;
[(4)] (5) "Investigator", the supervising investigators and investigators appointed under sections 320.200 to 320.270;
[(5)] (6) "Owner", any person who owns, occupies, or has charge of any property;
[(6)] (7) "Privately occupied dwelling", a building occupied exclusively for residential purposes and having not more than two dwelling units;
[(7)] (8) "Property", property of all types, both real and personal, movable and immovable;
[(8)] (9) "State fire marshal", the state fire marshal selected under the provisions of sections 320.200 to 320.270.
320.271. 1. All fire protection districts, fire departments, and all volunteer fire protection associations as defined in section 320.300 shall file with the state fire marshal within sixty days after August 13, 1988, and annually thereafter, the name and address of the fire protection district, fire department, or volunteer fire protection association.
2. No fire protection district, fire department, or volunteer fire protection association as defined in section 320.300 shall be recognized as a fire department by the division of fire safety unless such entity has filed with the state fire marshal a registration form provided by the state fire marshal within sixty days after January 30, 2008, and annually thereafter. The state fire marshal may issue a fire department identification number to each registered fire protection district, fire department, and volunteer fire protection association upon the submission of such registration.
320.300. As used in sections 320.300 to 320.310, the phrase "volunteer fire protection association" means any fire department, including a municipal fire department, which is staffed by volunteers and organized for the purpose of combating fires in a specified area. The provisions of sections 320.300 to 320.310 shall apply only to volunteer fire protection associations that provide fire suppression and related activities, including but not limited to fire prevention, rescue, emergency medical services, hazardous material response, or special operations to a population within a fixed and legally recorded geographical area, and that are either partially or wholly funded by membership or subscriber fees, and shall not apply to fire protection districts supported by local tax revenues, or which have contracted with a political subdivision to respond to fires within the area of an association's boundaries.
320.310. All volunteer fire protection associations [may] shall identify the association's boundaries and file the same with the county administrative body.
•