Missouri Statute | Act | Code |Public Safety And Morals| US Code - US Statute

It shall be the duty of the owner, proprietor, lessee, trustee,
or keeper of every hotel, boarding and lodging house, tenement house,
schoolhouse, opera house, theater, music hall, factory, office building,
except fireproof office buildings in which all structural parts are
wholly of brick, stone, tile, concrete, reinforced concrete, iron, steel,
or incombustible material, and which are not used for lodging purposes in
the state of Missouri, and every building therein where people congregate
or which is used for a business place or for public or private
assemblages, which has a height of three or more stories, to provide said
structure with iron or steel stair or tubular fire escapes attached to
the exterior of said building and by staircases located in the interior
of said building. The fire escapes shall extend from the upper story to
the ground, pavement or sidewalk with iron or steel ladder from the upper
story to the roof; provided, however, that such fire escapes, if not
continued to the ground, pavement or sidewalk, shall be equipped with a
counter-balance device attachment, appliance or apparatus which shall
extend from the floor level of the second story to the ground, pavement
or sidewalk. School buildings, opera houses, theaters and church
buildings, also hospitals, blind and lunatic asylums and seminaries,
shall each have a stair or tubular fire escape built solid to the ground.
In no case shall a fire escape run past a window where it is practicable
to avoid it. All fire escapes required by this chapter, except as herein
provided, must be of the kind known as stationary fire escapes. All
buildings heretofore erected shall be made to conform to the provisions
of this chapter. (RSMo 1939 § 14950, A.L. 1961 p. 548)

Prior revisions: 1929 § 13757; 1919 § 10961; 1909 § 10666

CROSS REFERENCES: Fire escapes in buildings where twenty persons are
employed above first floor, RSMo 292.060 Places of amusement, how
constructed, RSMo 316.060

(1955) Where tenant of third floor apartment was injured when he jumped
from window to escape from intentionally set fire, landlord's failure to
provide fire escape was negligence per se and rendered him liable. Gaines
v. Property Servicing Co. (Mo.), 276 S.W.2d 169.

(1955) Burns v. Property Servicing Co. (Mo.), 276 S.W.2d 177.

When fire escapes are to be attached to buildings within a city,
they shall be constructed under the supervision of and subject to the
approval of the commissioner or superintendent of public buildings within
such city, and if there be no such office within such city, they shall be
subject to the approval of the chief of the fire department of such city.
Whenever a fire escape attached to any building located within a city
shall, upon inspection by the commissioner or superintendent of public
buildings, or chief of the fire department of such city, be found in an
unsafe and dangerous condition, the owner, lessee, proprietor or keeper
of said building shall forthwith rebuild or repair same or replace same
in safe condition, upon written notice of such commissioner or
superintendent. When fire escapes are to be attached to buildings not
within the limits of any city, they shall be subject to the approval of
the sheriff of the county in which such building is located. And should
such fire escape, through age or otherwise, be or become unsafe or
dangerous, the same shall be repaired and placed in safe condition, upon
written notice by said sheriff to the person in charge of such building.
All stair fire escapes shall have proper and safe balconies for each
story thereof, surrounded on the sides with wire bank and pipe rail not
less than three feet in height, with openings from the building to said
balconies. Whenever a stair fire escape is to be constructed, the
stairway shall, where practicable, be of an angle of not more than
fifty-five degrees and constructed so as to be placed on a blank wall.
The stair fire escape shall be provided with one or more landings in each
story, and enclosed on the sides with wire bank and pipe rail not less
than three feet in height and running on the same angle as the stairs.
(RSMo 1939 § 14951, A.L. 1961 p. 548) Prior revisions: 1929 § 13758; 1919
§ 10962; 1909 § 10667

The number of fire escapes to be attached to any one building,
as required in this chapter, shall, when the building is located within a
city, be determined by the commissioner or superintendent of public
buildings within such city, and if there be no such officer in such city,
then by the chief of the fire department of such city; provided, however,
that all buildings of nonfireproof construction three or more stories in
height, used for manufacturing purposes, hotels, dormitories, schools,
seminaries, hospitals or asylums, shall have not less than one fire
escape for every fifty persons or fraction thereof, for whom working,
sleeping or living accommodations are provided above the second story,
and all public halls which provide seating room above the first or ground
story, shall have such number of fire escapes as shall not be less than
one fire escape for every one hundred persons, calculated on the seating
capacity of the hall, unless a different number is authorized in writing
by the commissioner, or superintendent of buildings, or the chief of the
fire department, or the sheriff of the county, as the case may be. (RSMo
1939 § 14952)

Prior revisions: 1929 § 13759; 1919 § 10963; 1909 § 10668

All buildings of three and not exceeding four stories in height
hereafter erected or altered, in this state, which are used, or intended
to be used for any of the purposes mentioned in sections 320.010 to
320.060, shall be provided with exterior stationary stair or tubular fire
escapes, or at the option of the owner may be provided with interior
fireproof fire escapes, and all such buildings, exceeding four stories in
height shall be provided with interior fireproof fire escapes. All
interior fire escapes shall be installed in fireproof shafts constructed
of brick or concrete, and shall extend from the ground to the top of the
building, with an exterior entrance thereto at each story and shall have
no openings of any kind leading to or from the interior of the building.
The doors on the ground floor of every such shaft shall open directly
into a street, alley, yard, or outer court or directly into an enclosed
fireproof corridor or passageway, constructed of brick or concrete, and
leading directly to and opening into a street, alley, yard or outer
court. All buildings coming within the provisions of this section, and
not exceeding four stories in height, shall be provided with such a
number of exterior stationary stair or tubular fire escapes as are
required by section 320.030; provided, that number are so located that no
part of the floor area of any floor above the first story will be more
than one hundred feet distant from a fire escape, or if such building be
provided with interior fire escapes, there shall be one for every two
hundred persons or fractional part thereof for whom working, sleeping or
living accommodations are provided for above the second story. There
shall be a sufficient number of fire escapes so located that no part of
any floor space above the first story will be more than one hundred feet
from a fire escape, whether they are interior or exterior fire escapes.
(RSMo 1939 § 14953, A.L. 1961 p. 548) Prior revisions: 1929 § 13760; 1919
§ 10964; 1909 § 10669

The owner, proprietor, lessee or manager of a building which,
under the terms of sections 320.010 to 320.060, is required to have one
or more fire escapes, who shall neglect or refuse for the period of sixty
days after sections 320.010 to 320.060 take effect to comply with its
provisions, shall be deemed guilty of a misdemeanor, and on conviction
shall be fined not less than fifty nor more than two hundred dollars, or
by imprisonment in the county or city jail not more than three months, or
by both fine and imprisonment, and each day shall be deemed a separate
offense. (RSMo 1939 § 14954) Prior revisions: 1929 § 13761; 1919 § 10965;
1909 § 10670

It is made the duty of all prosecuting attorneys in this state
to institute and prosecute infractions of sections 320.010 to 320.060.
Whenever it shall come to the knowledge of the chief of the fire
department or commissioner of public buildings in any city, or the
sheriff in any county, that any violation of sections 320.010 to 320.060
has occurred, it shall be his duty to report the fact to the prosecuting
attorney. (RSMo 1939 § 14955)

Prior revisions: 1929 § 13762; 1919 § 10966; 1909 § 10671

All the doors for ingress and egress to and from all public
schoolhouses and all other public buildings, and also of all theaters,
assembly rooms, halls, churches, factories with more than twenty
employees, and of all other buildings or places of public resort
whatever, where people are wont to assemble, excepting schoolhouses and
churches of one room and on the ground floor, which shall hereafter be
erected, together with all those heretofore erected and which are still
in use as such public buildings or places of resort, shall be so hung as
to open outwardly from the audience rooms, halls or workshops of such
buildings or places; provided, that said doors may be hung on
double-jointed hinges so as to open with equal ease outwardly and
inwardly. (RSMo 1939 § 14962)

Prior revisions: 1929 § 13769; 1919 § 10973; 1909 § 10678

(1973) Tavern held to be premises subject to provisions of Section
320.070. Derboven v. Stockton (A.), 490 S.W.2d 301.

Any architect, superintendent or other person or persons or body
corporate, who may have charge of the erection, or may have the control
or custody of any of the said buildings or places of resort mentioned in
section 320.070 who shall refuse or fail to comply with the provisions of
said section within six months from the passage of this law, in case of
said buildings or places aforesaid which have been heretofore erected,
and before the completion or occupation for said purposes of any of said
buildings or places now in process of erection, shall, on proof of such
refusal or failure before any court of competent jurisdiction, be
adjudged to be guilty of a misdemeanor, and be punished by a fine of not
less than one hundred nor more than one thousand dollars, which said fine
shall be collected as is now provided by law for the collection of fines
in such cases, and when collected shall be paid into and become a part of
the public school fund of the county, city or incorporated town in which
said misdemeanor was committed. (RSMo 1939 § 14963) Prior revisions: 1929
§ 13770; 1919 § 10974; 1909 § 10679

The state fire marshal, prosecuting or circuit attorney, police
chief, sheriff, fire chief, or other law enforcement agency having
jurisdiction over the act and having probable cause to believe the crime
of arson may have been committed, may, in writing, request of an officer,
attorney or claims management personnel of any insurance company doing
the business of fire insurance in this state the production of any
records of the insurance company concerning any fire loss reported to the
insurance company. Upon receipt of such a written request such insurance
company shall immediately produce and turn over such records to the
person requesting same. Such insurance company shall disclose all facts
and information in possession or knowledge of such officer, attorney, or
claims management personnel of the company concerning any fire loss which
the company is investigating or has investigated or has become
knowledgeable of through any agency with, or employment for, such
insurance company. (L. 1983 H.B. 337)

Every insurance company doing the business of fire insurance
within this state which shall have reason to believe that any fire loss
reported to it is the result of arson or incendiarism shall forthwith
report the same along with all relevant facts thereof to the prosecuting
or circuit attorney of the city or county in which said fire loss
occurred and the prosecuting or circuit attorney shall acknowledge
receipt. The prosecuting or circuit attorney shall give notification of
receipt and shall provide such report, upon request, to the state fire
marshal, the division of insurance and the law enforcement agency having
jurisdiction over the fire loss. (L. 1983 H.B. 337)

The state fire marshal, prosecuting or circuit attorney, police
chief, sheriff, fire chief, or other law enforcement agency having
jurisdiction over the act, upon receipt of a written request from an
officer, attorney or claims management personnel of any insurance company
shall disclose to the insurance company and its officer, attorney or
claims management personnel, all facts, documents and information in
possession or knowledge of that agency or its employees concerning any
fire loss reported under sections 320.081 to 320.086 which at the time of
the request is the subject of a pending claim against said company;
unless such disclosure would jeopardize a pending prosecution. No police
chief, sheriff, fire chief, or other law enforcement agency shall
disclose any facts, documents, or information under this section unless
the request for such facts, documents, or information has been approved
by the prosecuting or circuit attorney having jurisdiction over the act.
(L. 1983 H.B. 337)

1. No civil or criminal action shall lie against any agency or
company identified herein and the officer, attorney, agent or employee of
either, which shall act in good faith under the provisions of sections
320.081 to 320.086. Any information or records produced in compliance
with sections 320.081 to 320.086 shall be a closed meeting or a closed
record as these terms are used in subdivision (1) of section 610.010,
RSMo, and shall remain same until necessary for the prosecution or
defense of a civil or criminal action.

2. Good faith shall be presumed on the part of any agency or company
identified herein and the officer, attorney, agent or employee of either,
which shall act in the absence of fraud or malice pursuant to sections
320.081 to 320.086. Nothing in sections 320.081 to 320.086 shall relieve
any person, official, or insurance company from the provisions of
sections 375.420 and 375.930 to 375.948, RSMo. (L. 1983 H.B. 337)

1. Nothing contained in sections 320.081 to 320.086 shall allow
access to records otherwise closed under sections 610.100 to 610.105,
RSMo Supp. 1982.

2. Nothing contained in sections 320.081 to 320.086 shall restrict or
waive the attorney-client privilege. (L. 1983 H.B. 337 §§ 320.086,
320.087)

1. No fire protection district, volunteer fire protection
association or any fire department of any political subdivision shall
purchase any new personal protection equipment for structural
firefighters unless such equipment meets the standards established in
this section. The state fire marshal shall not purchase any equipment
covered under this section unless such standards are met.

2. The mandatory minimum standards for all new purchases of personal
protective equipment for structural firefighters shall meet those
standards adopted by the National Fire Protection Association (NFPA).
Where no standards exist, the Occupational Safety and Health
Administration (OSHA) fire brigades standards, 29 CFR 1910.156, shall
apply until an NFPA standard is adopted.

3. Nothing contained in this section shall be construed to require any
fire protection district, volunteer fire protection association or any
fire department of any political subdivision to purchase new equipment of
any kind or type. (L. 1987 H.B. 57 § 1)

1. No person or other legal entity shall label personal
protective equipment as meeting the standards set forth in subsection 2
of section 320.088 unless such equipment does in fact meet such standards.

2. Any person who violates the provisions of subsection 1 of this section
is guilty of a class D felony. (L. 1987 H.B. 57 § 2)

1. Any municipal fire department, fire protection district or
volunteer fire protection association, as defined by section 320.300, may
enter into contracts providing for mutual aid regarding emergency
services provided by such fire department, fire protection district or
volunteer fire protection association. The contracts that are agreed upon
may provide for compensation from the parties and other terms that are
agreeable to the parties and may be for an indefinite period as long as
they include a sixty-day cancellation notice by either party. The
contracts agreed upon may not be entered into for the purpose of
reduction of manpower by either party.

2. Any municipal fire department, fire protection district or volunteer
fire protection association may provide assistance to any other municipal
fire department, fire protection district or volunteer fire protection
association in the state, or any bordering state, at the time of a
significant emergency such as a fire, earthquake, flood, tornado,
hazardous material incident or other such disaster. The chief or highest
ranking fire officer may render aid to any requesting fire department,
fire protection district or volunteer fire protection association as long
as he is acting in accordance with the policies and procedures set forth
by the governing board of that governmental entity or association.

3. When responding on mutual aid or emergency aid requests, the fire
department, fire protection district, or volunteer fire association shall
be subject to all provisions of law as if it were providing service
within its own jurisdiction. (L. 1990 H.B. 1395 & 1448 § 1 subsecs. 1, 2,
3, A.L. 1994 H.B. 1668, A.L. 1996 S.B. 740)

There shall be no cause of action against any fire protection
district, volunteer fire protection association, or any fire department
of any political subdivision which donates equipment used to suppress
fire or fire protection clothing to another department, association or
district if the following conditions are met:

(1) Such equipment is approved by the state fire marshal or the state
fire marshal's designee;

(2) Motor vehicles so donated must pass a safety inspection by the
Missouri state highway patrol;

(3) The receiving agency demonstrates to the state fire marshal's office
that the equipment received works properly; and

(4) The donor agency informs the receiving agency in writing of any
defects in the equipment about which it knows.

This immunity shall apply only to causes of action directly related to
the equipment mentioned in this section. (L. 1990 H.B. 1395 & 1448 § 3,
A.L. 2001 S.B. 197)

1. Tax credits issued pursuant to sections 135.400, 135.750 and
320.093, RSMo, shall be subject to oversight provisions. Effective
January 1, 2000, notwithstanding the provisions of section 32.057, RSMo,
the board, department or authority issuing tax credits shall annually
report to the office of administration, president pro tem of the senate,
the speaker of the house of representatives, and the joint committee on
economic development regarding the tax credits issued pursuant to
sections 135.400, 135.750 and 320.093, RSMo, which were issued in the
previous fiscal year. The report shall contain, but not be limited to,
the aggregate number and dollar amount of tax credits issued by the
board, department or authority, the number and dollar amount of tax
credits claimed by taxpayers, and the number and dollar amount of tax
credits unclaimed by taxpayers as well as the number of years allowed for
claims to be made. This report shall be delivered no later than November
of each year.

2. The reporting requirements established pursuant to subsection 1 of
this section shall also apply to the department of economic development
and the Missouri development finance board established pursuant to
section 100.265, RSMo. The department and the Missouri development
finance board shall report on the tax credit programs which they
respectively administer that are authorized under the provisions of
chapters 32, 100, 135, 178, 253, 348, 447 and 620, RSMo. (L. 1999 H.B.
701 § 2)

1. Any person, firm or corporation who purchases a dry fire
hydrant, as defined in section 320.273, or provides an acceptable means
of water storage for such dry fire hydrant including a pond, tank or
other storage facility with the primary purpose of fire protection within
the state of Missouri, shall be eligible for a credit on income taxes
otherwise due pursuant to chapter 143, RSMo, except sections 143.191 to
143.261, RSMo, as an incentive to implement safe and efficient fire
protection controls. The tax credit, not to exceed five thousand dollars,
shall be equal to fifty percent of the cost in actual expenditure for any
new water storage construction, equipment, development and installation
of the dry hydrant, including pipes, valves, hydrants and labor for each
such installation of a dry hydrant or new water storage facility. The
amount of the tax credit claimed for in-kind contributions shall not
exceed twenty- five percent of the total amount of the contribution for
which the tax credit is claimed.

2. Any amount of credit which exceeds the tax due shall not be refunded
but may be carried over to any subsequent taxable year, not to exceed
seven years. The person, firm or corporation may elect to assign to a
third party the approved tax credit. The certificate of assignment and
other appropriate forms must be filed with the Missouri department of
revenue and the department of economic development.

3. The person, firm or corporation shall make application for the credit
to the department of economic development after receiving approval of the
state fire marshal. The fire marshal shall establish by rule promulgated
pursuant to chapter 536, RSMo, the requirements to be met based on the
National Resources Conservation Service's Missouri Dry Hydrant Standard.
The state fire marshal or designated local representative shall authorize
and issue a permit for the construction and installation of any dry fire
hydrant site. Only approved dry fire hydrant sites will be eligible for
tax credits as indicated in this section. Under no circumstance shall
such authority deny any entity the ability to provide a dry fire hydrant
site when tax credits are not requested.

4. The department of economic development shall certify to the department
of revenue that the dry hydrant system meets the requirements to obtain a
tax credit as specified in subsection 5 of this section.

5. In order to qualify for a tax credit under this section, a dry hydrant
or new water storage facility must meet the following minimum
requirements:

(1) Each body of water or water storage structure must be able to provide
two hundred fifty gallons per minute for a continuous two-hour period
during a fifty-year drought or freeze at a vertical lift of eighteen feet;

(2) Each dry hydrant must be located within twenty-five feet of an
all-weather roadway and must be accessible to fire protection equipment;

(3) Dry hydrants shall be located a reasonable distance from other dry or
pressurized hydrants; and

(4) The site shall provide a measurable economic improvement potential
for rural development.

6. New credits shall not be awarded under this section after August 28,
2003. The total amount of all tax credits allowed pursuant to this
section is five hundred thousand dollars in any one fiscal year as
approved by the director of the department of economic development.

7. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is created under the authority delegated in this
section shall become effective only if it complies with and is subject to
all of the provisions of chapter 536, RSMo, and, if applicable, section
536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and
if any of the powers vested with the general assembly pursuant to chapter
536, RSMo, to review, to delay the effective date or to disapprove and
annul a rule are subsequently held unconstitutional, then the grant of
rulemaking authority and any rule proposed or adopted after August 28,
1999, shall be invalid and void. (L. 1999 H.B. 701)

CROSS REFERENCE: Tax Credit Accountability Act of 2004, additional
requirements, RSMo 135.800 to 135.830

1. The state treasurer shall annually transfer an amount
prescribed in subsection 2 of this section out of the state revenues
derived from premium taxes levied on insurance companies pursuant to
sections 148.310 to 148.461, RSMo, which are deposited by the director of
revenue in the general revenue fund pursuant to section 148.330, RSMo, in
a fund hereby created in the state treasury, to be known as the "Fire
Education Fund". Any interest earned from investment of moneys in the
fund, and all moneys received from gifts, grants, or other moneys
appropriated by the general assembly, shall be credited to the fund. The
state treasurer shall administer the fund, and the moneys in such fund
shall be used solely as prescribed in this section. Notwithstanding the
provisions of section 33.080, RSMo, to the contrary, moneys in the fire
education fund at the end of any biennium shall not be transferred to the
credit of the general revenue fund.

2. Beginning July 1, 1998, three percent of the amount of premium taxes
collected in the immediately preceding fiscal year pursuant to sections
148.310 to 148.461, RSMo, which are deposited in the general revenue fund
that exceeds the amount of premium taxes which were deposited in the
general revenue fund in the 1997 fiscal year shall be transferred from
the general revenue fund to the credit of the fire education fund. At the
end of each fiscal year, the commissioner of administration shall
determine the amount transferred to the credit of the fire education fund
in each fiscal year by computing the premium taxes deposited in the
general revenue fund in the prior fiscal year and comparing such amount
to the amount of premium taxes deposited in the general revenue fund in
the 1997 fiscal year. An amount equal to three percent of the increase
computed pursuant to this section shall be transferred by the state
treasurer to the credit of the fire education fund; however, such
transfer in any fiscal year shall not exceed one million five hundred
thousand dollars.

3. There is hereby established a special trust fund, to be known as the
"Missouri Fire Education Trust Fund", which shall consist of all moneys
collected per subsection 2 of this section transferred to the fund from
the fire education fund pursuant to this subsection, any earnings
resulting from the investment of moneys in the fund, and all moneys
received from gifts, grants, or other moneys appropriated by the general
assembly. Each fiscal year, an amount equal to forty percent of the
moneys transferred to the fire education fund collected pursuant to
subsection 2 of this section shall be transferred by the state treasurer
to the credit of the Missouri fire education trust fund. The fund shall
be administered by a board of trustees, consisting of the state
treasurer, two members of the senate appointed by the president pro tem
of the senate, two members of the house of representatives appointed by
the speaker of the house, and two members appointed by the governor with
the advice and consent of the senate. Any member appointed due to such
person's membership in the senate or house of representatives shall serve
only as long as such person holds the office referenced in this section.
The state treasurer shall invest moneys in the fund in a manner as
provided by law. Subject to appropriations, moneys in the fund shall be
used solely for the purposes described in this section, but such
appropriations shall be made only if the board recommends to the general
assembly that such moneys are needed in that fiscal year to adequately
fund the activities described in this section. Moneys shall accumulate in
the trust fund until the earnings from investment of moneys in the fund
can adequately support the activities described in this section, as
determined by the board. At such time, the board may recommend that the
general assembly adjust or eliminate the funding mechanism described in
this section. Notwithstanding the provisions of section 33.080, RSMo, to
the contrary, moneys in the Missouri fire education trust fund at the end
of any biennium shall not be transferred to the credit of the general
revenue fund.

4. The moneys in the fire education fund, after any distribution pursuant
to subsection 3 of this section, shall be appropriated to the division of
fire safety to coordinate education needs in cooperation with community
colleges, colleges, regional training facilities, fire and emergency
services training entities and universities of this state and shall
provide training and continuing education to firefighters in this state
relating to fire department operations and the personal safety of
firefighters while performing fire department activities. Programs and
activities funded under this subsection must be approved by the Missouri
fire education commission established in subsection 5 of this section.
These funds shall primarily be used to provide field education throughout
the state, with not more than two percent of funds under this subsection
expended on administrative costs.

5. There is established the "Missouri Fire Education Commission", to be
domiciled in the division of fire safety within the department of public
safety. The commission shall be composed of five members appointed by the
governor with the advice and consent of the senate, consisting of one
firefighter serving as a volunteer of a volunteer fire protection
association, one full-time firefighter employed by a recognized fire
department or fire protection district, one firefighter training officer,
one person serving as the chief of a volunteer fire protection
association, and one chief fire officer from a recognized fire department
or fire protection district. No more than three members appointed by the
governor shall be of the same political party. The terms of office for
the members appointed by the governor shall be four years and until their
successors are selected and qualified, except that, of those first
appointed, two shall have a term of four years, two shall have a term of
three years and one shall have a term of two years. There is no
limitation on the number of terms an appointed member may serve. The
governor may appoint a member for the remaining portion of the unexpired
term created by a vacancy. The governor may remove any appointed member
for cause. The members shall at their initial meeting select a chair. All
members of the commission shall serve without compensation for their
duties, but shall be reimbursed for necessary travel and other expenses
incurred in the performance of their official duties. The commission
shall meet at least quarterly at the call of the chair and shall review
and determine appropriate programs and activities for which funds may be
expended under subsection 4 of this section. (L. 1995 H.B. 452, et al. §
2, A.L. 1996 S.B. 874, A.L. 1998 H.B. 1588 merged with S.B. 898, A.L.
2003 H.B. 521, A.L. 2004 S.B. 1196)

1. Notwithstanding any other provision of law to the contrary,
any water corporation, municipality, or public water supply district
established pursuant to chapter 247, RSMo, shall allow access to its
supply of water for filling mobile equipment during an emergency
involving the protection of life or property to a fire protection
district, city fire department, or any other entity providing fire
protection services, regardless of any nonpayment of fees to the water
corporation, municipality, or public water supply district.

2. Nothing in this section shall authorize the connection of pumping
equipment to water lines without authorization from the governing body of
the affected water supply.

3. In no circumstance shall a hard suction connection be utilized in
obtaining water from a water source.

4. A fire protection service shall notify any source of water utilized
pursuant to this section of the estimated amount of water utilized during
such emergency, on or before the fifteenth day of the following month for
purposes of accountability of unaccounted for water.

5. Under no circumstance shall any entity be authorized to deplete a
water supply to a pressure less than the minimum pounds per square inch
as required by law or regulation.

6. Any entity which contemplates using water for emergency services
pursuant to this section shall provide its personnel with adequate
training on the basics of water system supply and proper maintenance and
operation of valves and hydrants.

7. The entity providing fire protection shall be liable for any damages
caused by it to any part of the water supply system from which water is
taken. (L. 2003 S.B. 202)

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) "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) "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) "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) "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) "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) "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) "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) "Manufacturer", any person engaged in the making, manufacture,
assembly or construction of fireworks of any kind within the state of
Missouri;

(13) "NFPA", National Fire Protection Association, an international codes
and standards organization;

(14) "Permanent structure", buildings and structures with permanent
foundations other than tents, mobile homes, and trailers;

(15) "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) "Person", any corporation, association, partnership or individual or
group thereof;

(17) "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) "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) "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) "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) "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. (L.
1985 S.B. 76 § 1, A.L. 1987 H.B. 416, A.L. 1999 H.B. 343, A.L. 2004 S.B.
1196)

1. It is unlawful for any person to manufacture, sell, offer for
sale, ship or cause to be shipped into or within the state of Missouri
except as herein provided any item of fireworks, without first having
secured the required applicable permit as a manufacturer, distributor,
wholesaler, jobber or seasonal retailer from the state fire marshal and
applicable federal permit or license. Possession of said permit is a
condition precedent to manufacturing, selling or offering for sale,
shipping or causing to be shipped any fireworks into the state of
Missouri, except as herein provided. This provision applies to
nonresidents as well as residents of the state of Missouri.

2. The state fire marshal has the authority and is authorized and
directed to issue permits for the sale of fireworks. No permit shall be
issued to a person under the age of eighteen years. All permits except
for seasonal retailers shall be for the calendar year or any fraction
thereof and shall expire on the thirty-first day of December of each year.

3. Permits issued must be displayed in the permit holder's place of
business. No permit provided for herein shall be transferable nor shall a
person operate under a permit issued to another person or under a permit
issued for another location. Manufacturer, wholesaler, jobber, and
distributor permit holders operating out of multiple locations shall
obtain a permit for each location.

4. Failure to make application for a permit by May thirty-first of the
calendar year may result in the fire marshal's refusal to issue a license
to the licensee or applicant for such calendar year.

5. Any false statement or declaration made on a permit application may
result in the state fire marshal's refusal to issue such permit to the
requesting person for a period of time not to exceed three years.

6. The state fire marshal is authorized and directed to charge the
following fees for permits:

(1) Manufacturer, a fee of seven hundred seventy-five dollars per
calendar year;

(2) Distributor, a fee of seven hundred seventy-five dollars per calendar
year;

(3) Wholesaler, a fee of two hundred seventy-five dollars per calendar
year;

(4) Jobber, a fee of five hundred twenty-five dollars per calendar year
per sales location;

(5) Seasonal retailer, a fee of fifty dollars per calendar year per sales
location;

(6) Display fireworks, a fee of one hundred dollars per calendar year per
location;

(7) Proximate fireworks display permit, a fee of one hundred dollars per
calendar year per location;

(8) Licensed operator, a fee of one hundred dollars for a three-year
license;

(9) Pyrotechnic operator, a fee of one hundred dollars for a three- year
license.

7. A holder of a manufacturer's permit shall not be required to have any
additional permits in order to sell to distributors, wholesalers, jobbers
or seasonal retailers, or to sell display, or proximate fireworks.

8. A holder of a distributor's permit shall not be required to have any
additional permits in order to sell to wholesalers, jobbers, seasonal
retailers or to sell display, or proximate fireworks.

9. A holder of a jobber's permit shall not be required to have any
additional permit in order to sell consumer fireworks at retail during
the fireworks season from such jobber's permanent structure.

10. All fees collected for permits issued pursuant to this section shall
be deposited to the credit of the fire education fund created pursuant to
section 320.094. Any person engaged in more than one permit
classification shall pay one permit fee based upon the permit
classification yielding the highest amount of revenue.

11. The state fire marshal is charged with the enforcement of the
provisions of sections 320.106 to 320.161 and may call upon any state,
county or city peace officer for assistance in the enforcement of the
provisions of sections 320.106 to 320.161. The state fire marshal may
promulgate rules pursuant to the requirements of this section and chapter
536, RSMo, necessary to carry out his or her responsibilities under this
act* including rules requiring training, examination, and licensing of
licensed operators and pyrotechnic operators engaging in or responsible
for the handling and use of display and proximate fireworks. The test
shall incorporate the rules of the state fire marshal, which shall be
based upon nationally recognized standards. No rule or portion of a rule
promulgated pursuant to this chapter shall become effective unless it has
been promulgated pursuant to the provisions of chapter 536, RSMo.

12. The state fire marshal, upon notification by the department of
revenue, may withhold permits from applicants upon evidence that all
state sales taxes for the preceding year or years have not been paid;
except, this subsection shall not apply if an applicant is pursuing any
proper remedy at law challenging the amount, collection, or assessment of
any sales tax.

13. A holder of a distributor, wholesaler, or jobber's permit shall be
required to operate out of a permanent structure in compliance with all
applicable building and fire regulations in the city or county in which
said person is operating a fireworks business. Seasonal retail permit
locations shall be in compliance with all applicable building and fire
regulations. The applicant may be subject to a fire safety inspection by
the state fire marshal based upon promulgated rules and regulations
adopted by the state fire marshal.

14. It is unlawful for any manufacturer, distributor, wholesaler, or
jobber to sell consumer fireworks to a seasonal retailer who has not
acquired an appropriate permit from the state fire marshal for the
current permit period. A seasonal retailer shall acquire and present the
appropriate permit from the state fire marshal before any manufacturer,
distributor, wholesaler or jobber is allowed to sell consumer fireworks
to such seasonal retailer, provided that such seasonal retailer is
purchasing the consumer fireworks for resale in this state.

15. The state fire marshal and the marshal's deputies may conduct
inspections of any premises and all portions of buildings where fireworks
are stored, manufactured, kept or being offered for sale. All persons
selling, offering for sale, barter, gift, exchange, or offer thereof any
fireworks shall cooperate fully with the state fire marshal and the
marshal's deputies during any such inspection. This inspection shall be
performed during normal business hours.

16. In addition to any other penalty, any person who manufactures, sells,
offers for sale, ships or causes to be shipped into or caused to be
shipped into the state of Missouri, for use in Missouri, any items of
fireworks without first having the required applicable permit shall be
assessed a civil penalty of up to a one thousand dollar fine for each day
of operation up to a maximum of ten thousand dollars. (L. 1985 S.B. 76 §
2, A.L. 1987 H.B. 416, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 1999
H.B. 343, A.L. 2004 S.B. 1196)

*"This act" (S.B. 1196, 2004) contained numerous sections. Consult
Disposition of Sections table for a definitive listing.

1. The state fire marshal may revoke any permit issued pursuant
to sections 320.106 to 320.161 upon evidence that the holder has violated
any of the provisions of sections 320.106 to 320.161.

2. The state fire marshal, in his or her discretion, may refuse to issue
a permit, for a period not to exceed three years, to a person whose
permit has been revoked for the possession or sale of illegal fireworks,
as referred to in section 320.136.

3. The state fire marshal, the marshal's deputies, the marshal's
designees or any authorized police or peace officer shall seize as
contraband any illegal fireworks as defined pursuant to sections 320.106
to 320.161. Such illegal fireworks seized in the enforcement of sections
320.106 to 320.161 shall be held in custody of the state fire marshal in
proper storage facilities. The person surrendering the fireworks may
bring an in rem proceeding in the circuit court of the county where the
fireworks were seized. Upon hearing, the circuit court may authorize the
return of all or part of the confiscated fireworks or the court may
authorize and direct that such contraband fireworks be destroyed. If a
proceeding is not brought within thirty days, the fireworks shall be
destroyed by the state fire marshal. The state fire marshal shall seize,
take, remove or cause to be removed, at the expense of the owner, all
stocks of fireworks offered or exposed for sale, stored or held in
violation of the provisions of sections 320.106 to 320.161. All costs,
including any expenses incurred with the seizure, shall be the
responsibility of the adjudicated party if case disposition is in the
favor of the state fire marshal.

4. Any person aggrieved by any official action of the state fire marshal
affecting their permit status including revocation, suspension, failure
to renew a permit, or refusal to grant a permit may seek a determination
thereon by the administrative hearing commission pursuant to the
provisions of section 621.045, RSMo. (L. 1985 S.B. 76 § 3, A.L. 1987 H.B.
416, A.L. 1999 H.B. 343, A.L. 2004 S.B. 1196)

1. The provisions of sections 320.106 to 320.161 shall not be
construed to abrogate or in any way affect the powers of the following
political subdivisions to regulate or prohibit fireworks within its
corporate limits:

(1) Any city, town, or village in this state; or

(2) Any county operating under a charter form of government.

2. It is unlawful for any manufacturer, distributor, wholesaler, jobber
or seasonal retailer to sell or ship by common carrier fireworks to
consumers within the corporate limits of the following political
subdivisions which prohibit the sale or possession of fireworks:

(1) Any city, town, or village in this state; or

(2) Any county operating under a charter form of government. (L. 1985
S.B. 76 § 4, A.L. 1987 H.B. 416, A.L. 1994 S.B. 567, A.L. 2005 H.B. 58)

Where regulations or prohibitions of the sale of fireworks are
adopted by any first class county operating under a charter form of
government and which contains a population in excess of nine hundred
thousand inhabitants, such regulations or prohibitions shall supersede,
as to those matters to which this section relates, all municipal
ordinances, rules and regulations within the boundaries of such first
class chartered county, but only to the extent such regulations or
prohibitions are more restrictive than those adopted by a municipality
located within such county. (L. 1998 H.B. 1352 § 1)

1. Any person, entity, partnership, corporation, or association
transporting display or proximate fireworks or display and proximate
fireworks into the state of Missouri for the purpose of resale or to
conduct a display shall be permitted by the state fire marshal as a
distributor or manufacturer and have obtained applicable federal license
or permit.

2. Sale of display or proximate fireworks shall be limited to a holder of
a federal license or permit and a distributor or manufacturer permit
issued by the state fire marshal.

3. Possession of display or proximate fireworks for resale to holders of
a permit for display or proximate fireworks shall be confined to holders
of a state manufacturer or distributor permit and applicable federal
license or permit.

4. Permits for display or proximate fireworks may be granted to
municipalities, fair associations, amusement parks, organizations,
persons, firms or corporations. Such permits may be granted upon
application and approval by the state fire marshal or local fire service
authorities of the community where the display is proposed to be held.
All applications submitted for display or proximate fireworks permits
must be submitted to the office of the state fire marshal a minimum of
ten working days prior to the date of the event. The application shall be
made on a form provided or approved by the state fire marshal. Every such
display shall be supervised, managed, or directed by a Missouri licensed
operator, or pyrotechnic operator on site pursuant to subdivisions* (11)
and (18) of section 320.106 and shall be located, discharged, or fired so
as in the opinion of the permitting authority, after proper inspection
based on the most current edition of the National Fire Protection
Association standards, NFPA 1123, 1124, and 1126, to not be hazardous to
any person or property. After a permit has been granted, the sale,
possession, use and distribution of fireworks for such display shall be
lawful for that purpose only. A copy of all permits issued for display or
proximate fireworks shall be forwarded by the permit holder to the state
fire marshal's office. No permit granted hereunder shall be transferable
and shall apply to only one location. No holder of a manufacturer or
distributor permit shall sell, barter, or transfer display or proximate
fireworks to anyone not possessing an applicable permit or license.

5. Possession of display or proximate fireworks shall be limited to a
holder of a display or proximate fireworks permit issued by the authority
having jurisdiction where the display or proximate fireworks is proposed
to be held or the state fire marshal or holder of a state manufacturer or
distributor permit and applicable federal license or permit.

6. Before issuing any permit for a display or proximate fireworks, the
municipality, fair association, amusement park, organization, firm,
persons, or corporation making application therefor shall furnish proof
of financial responsibility in an amount established by promulgated rule
to the permitting authority in order to satisfy claims for damages to
property or personal injuries arising out of any act or omission on the
part of such person, firm or corporation or any agent or employee thereof.

7. Any establishment where proximate fireworks are to be discharged shall
be inspected by the state fire marshal or local fire department having
jurisdiction for compliance with NFPA 101 Life Safety Code or equivalent
nationally recognized code in relation to means of egress, occupancy
load, and automatic sprinkler and fire alarm systems. All permits issued
will be forwarded to the state fire marshal by the permit holder. Permits
will be issued in the same manner as those required in this section. (L.
1985 S.B. 76 § 5, A.L. 1987 H.B. 416, A.L. 1999 H.B. 343, A.L. 2004 S.B.
1196)

*Word "subsections" appears in original rolls.

1. It is unlawful for any person to possess, sell or use within
the state of Missouri, or ship into the state of Missouri, except as
provided in section 320.126, any pyrotechnics commonly known as
"fireworks" and defined as consumer fireworks in subdivision (3) of
section 320.106 other than items now or hereafter classified as fireworks
UNO336, 1.4G by the United States Department of Transportation that
comply with the construction, chemical composition, labeling and other
regulations relative to consumer fireworks regulations promulgated by the
United States Consumer Product Safety Commission and permitted for use by
the general public pursuant to such commission's regulations.

2. No wholesaler, jobber, or seasonal retailer, or any other person shall
sell, offer for sale, store, display, or have in their possession any
consumer fireworks that have not been approved as fireworks UNO336, 1.4G
by the United States Department of Transportation.

3. No jobber, wholesaler, manufacturer, or distributor shall sell to
seasonal retailer dealers, or any other person, in this state for the
purpose of resale, or use, in this state, any consumer fireworks which do
not have the numbers and letter "1.4G" printed within an orange,
diamond-shaped label printed on or attached to the fireworks shipping
carton.

4. This section does not prohibit a manufacturer, distributor or any
other person from storing, selling, shipping or otherwise transporting
display or proximate fireworks, defined as fireworks UNO335, 1.3G/UNO431,
1.4G or UNO432, 1.4S by the United States Department of Transportation,
provided they possess the proper permits as specified by state and
federal law.

5. Matches, toy pistols, toy canes, toy guns, party poppers, or other
devices in which paper caps containing twenty-five hundredths grains or
less of explosive compound, provided that they are so constructed that
the hand cannot come into contact with the cap when in place for use, and
toy pistol paper caps which contain less than twenty-five hundredths
grains of explosive mixture shall be permitted for sale and use at all
times and shall not be regulated by the provisions of sections 320.106 to
320.161. (L. 1985 S.B. 76 § 6, A.L. 1987 H.B. 416, A.L. 1999 H.B. 343,
A.L. 2004 S.B. 1196)

Ground salutes commonly known as "cherry bombs", "M-80's",
"M-100's", "M-1000's", and any other tubular salutes or any items
described as prohibited chemical components or forbidden devices as
listed in the American Pyrotechnics Association Standard 87-1 or which
exceed the federal limits set for fireworks UNO336, 1.4G formerly known
as class C common fireworks, display fireworks UNO335, 1.3F, and
proximate fireworks UNO431, 1.4F/UNO432, 1.4S by the United States
Department of Transportation for explosive composition are expressly
prohibited from shipment into, manufacture, possession, sale, or use
within the state of Missouri for consumer use. Possession, sale,
manufacture, or transport of this type of illegal explosive shall be
punished as provided by the provisions of section 571.020, RSMo. (L. 1985
S.B. 76 § 7, A.L. 1987 H.B. 416, A.L. 1999 H.B. 343, A.L. 2004 S.B. 1196)

Permissible items of consumer fireworks defined in section
320.131 may be sold at wholesale or retail by holders of a jobber's
permit to nonlicensed buyers from outside the state of Missouri during a
calendar year from the first day of January until the thirty-first day of
December. Permissible items of consumer fireworks defined in section
320.131 may be sold at retail by holders of a seasonal retail permit
during the selling periods of the twentieth day of June through the tenth
day of July and the twentieth day of December through the second day of
January. (L. 1985 S.B. 76 § 8, A.L. 1999 H.B. 343)

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 stored, kept or sold within fifty 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 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. (L.
1985 S.B. 76 § 9, A.L. 1999 H.B. 343, A.L. 2004 S.B. 1196)

1. It is unlawful to attempt to sell or to sell at retail any
fireworks to children under the age of fourteen years except when such
child is in the presence of a parent or guardian.

2. It is unlawful for any person under the age of sixteen to sell
fireworks or work in a facility where fireworks are stored, sold, or
offered for sale unless supervised by an adult.

3. It is unlawful to explode or ignite consumer fireworks within six
hundred feet of any church, hospital, mental health facility, school, or
within one hundred feet of any location where fireworks are stored, sold,
or offered for sale.

4. No person shall ignite or discharge any permissible articles of
consumer fireworks within or throw the same from a motorized vehicle
including watercraft or any other means of transportation, except where
display permit has been issued for a floating vessel or floating
platform, nor shall any person place or throw any ignited article of
fireworks into or at a motorized vehicle including watercraft or any
other means of transportation, or at or near any person or group of
people.

5. No person shall ignite or discharge consumer fireworks within three
hundred feet of any permanent storage of ignitable liquid, gases,
gasoline pump, gasoline filling station, or any nonpermanent structure
where fireworks are stored, sold or offered for sale.

6. No items of explosive or pyrotechnic composition other than fireworks
as defined by subdivisions* (3), (5), and (17) of section 320.106 shall
be displayed, sold, or offered for sale within the applicable permit
location as identified on such permit granted by the state fire marshal.

7. Proximate fireworks shall not be allowed to be stored with consumer
fireworks.

8. All storage and transportation of fireworks shall be in accordance
with all federal and state rules and regulations.

9. Nothing in sections 320.106 to 320.161 shall be construed to prevent
permittees from demonstrating or testing fireworks. Any such
demonstration or test shall require the notification and approval of the
local fire service or the state fire marshal. (L. 1985 S.B. 76 § 10, A.L.
1987 H.B. 416, A.L. 1998 S.B. 536, A.L. 1999 H.B. 343, A.L. 2004 S.B.
1196)

*Word "subsections" appears in original rolls.

Nothing in sections 320.106 to 320.161 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 or private
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, nor as
applying to the transportation, sale or use of fireworks solely for
agricultural purposes, provided* the items sold for agricultural purposes
shall be limited to those items that are legal for retail sale and use
within the state of Missouri. (L. 1985 S.B. 76 § 11)

*Word "providing" appears in original rolls.

Any person violating any provision of sections 320.106 to
320.161 is guilty of a class A misdemeanor, except that a person
violating section 320.136 is guilty of a class C felony. (L. 1985 S.B. 76
§ 12, A.L. 1987 H.B. 416, A.L. 2004 S.B. 1196)

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 loss", loss of or damage to property, or the loss of life or of
personal injury, by fire, lightning, or explosion;

(4) "Investigator", the supervising investigators and investigators
appointed under sections 320.200 to 320.270;

(5) "Owner", any person who owns, occupies, or has charge of any property;

(6) "Privately occupied dwelling", a building occupied exclusively for
residential purposes and having not more than two dwelling units;

(7) "Property", property of all types, both real and personal, movable
and immovable;

(8) "State fire marshal", the state fire marshal selected under the
provisions of sections 320.200 to 320.270. (L. 1972 S.B. 487 § 1, A.L.
1985 H.B. 230)

1. There is hereby established within the department of public
safety a "Division of Fire Safety", which shall have as its chief
executive officer the fire marshal appointed under section 320.205. The
fire marshal and the division shall be responsible for:

(1) The training of firefighters, investigators, and any state employees
performing fire inspections pursuant to state statutes or state licensing
requirements;

(2) Establishing and maintaining a statewide reporting system, which
shall, as a minimum, include the records required by section 320.235 and
a record of all fires occurring in Missouri showing:

(a) The name of all owners of personal and real property affected by the
fire;

(b) The name of each occupant of each building in which a fire occurred;

(c) The total amount of insurance carried by, the total amount of
insurance collected by, and the total amount of loss to each owner of
property affected by the fire; and

(d) All the facts, statistics and circumstances, including, but not
limited to, the origin of the fire, which are or may be determined by any
investigation conducted by the division or any local firefighting agency
under the laws of this state. All records maintained under this
subdivision shall be open to public inspections during all normal
business hours of the division;

(3) Conducting all investigations of fires mandated by sections 320.200
to 320.270;

(4) Conducting all fire inspections required of any private premises in
order for any license relating to such private premises to be issued
under any licensing law of this state, except those organizations and
institutions licensed pursuant to chapters 197 and 198, RSMo.

2. The state fire marshal shall exercise and perform all powers and
duties necessary to carry out the responsibilities imposed by subsection
1 of this section, including, but not limited to, the power to contract
with any person, firm, corporation, state agency, or political
subdivision for services necessary to accomplish any of the
responsibilities imposed by subsection 1 of this section. (L. 1985 H.B.
230)

1. The governor, with the advice and consent of the senate,
shall appoint a full-time state fire marshal, who shall be the head of
the division of fire safety. The state fire marshal shall administer and
enforce the provisions of sections 320.200 to 320.270. The state fire
marshal shall be a citizen of the United States, shall be a person of
good moral character, and a resident taxpayer of Missouri at the time of
his appointment. The state fire marshal must have had a minimum of ten
years' experience in some phase of fire protection, fire prevention, or
fire investigation, which may include experience with any state,
municipal, military, or industrial fire protection agency. He shall
possess administrative ability and experience and be able to obtain facts
in connection with the duties of his office by field investigations, and
to accurately report his findings.

2. There is hereby established within the department of public safety the
"Missouri Fire Safety Advisory Board", which shall be composed of six
members appointed by the governor, by and with the advice and consent of
the senate, from a list of qualified candidates submitted to the governor
by the director of the department of public safety. It shall be the duty
of the Missouri fire safety advisory board to advise the fire marshal on
all matters pertaining to the responsibilities of the fire marshal and
the division. All members of the Missouri fire safety advisory board
shall be qualified voters of Missouri at the time of their appointment,
shall receive no compensation for their services, and shall be reimbursed
for their actual and necessary expenses incurred in the performance of
their official duties. Of the members appointed to the Missouri fire
safety advisory board, one shall be a chief of a fire department located
within this state, one shall be a firefighter, one shall be a person with
expertise in the investigation of arson, one shall be an instructor in a
firefighting training program, one shall be a person who provides fire
safety appliances and equipment, and one shall be an insurer duly
licensed to provide insurance coverage for losses due to fire. (L. 1972
S.B. 487 § 2, A.L. 1985 H.B. 230, A.L. 1993 H.B. 550)

The state fire marshal shall appoint one assistant director and
such other investigators and employees as the needs of the office require
within the limits of the appropriation made for such purpose. Supervising
investigators shall be at least twenty-five years of age and shall have
either a minimum of five years' experience in fire risk inspection,
prevention, or investigation work, or a degree in fire protection
engineering from a recognized college or university of engineering. No
person shall be appointed as an investigator or other employee who has
been convicted of a felony or other crime involving moral turpitude. Any
person appointed as an investigator shall be of good character, shall be
a citizen of the United States, shall have been a taxpaying resident of
this state for at least three years immediately preceding his
appointment, and shall be a graduate of an accredited four-year high
school or, in lieu thereof, shall have obtained a certificate of
equivalency from the state department of elementary and secondary
education, and shall possess ordinary physical strength and be able to
pass such physical and mental examinations as the state fire marshal may
prescribe. An investigator or employee shall not hold any other
commission or office, elective or appointive, or accept any other
employment while he is an investigator or employee. An investigator or
employee shall not accept any compensation, reward, or gift other than
his regular salary and expenses for the performance of his official
duties. (L. 1972 S.B. 487 § 3, A.L. 1985 H 230)

Employees shall be reimbursed for actual traveling and other
expenses necessary to the performance of their official duties.
Investigators shall, at the expense of the state, be furnished with such
vehicles, equipment, supplies, and insignia of office as the state fire
marshal deems necessary, within the appropriation made therefor all of
which shall remain the property of the state and be strictly accounted
for by each investigator. (L. 1972 S.B. 487 § 4)

The chief of the fire department or other appropriate official
of any city or other governmental unit or political subdivision may be
designated by the state fire marshal as a special deputy for his city,
governmental unit, or political subdivision to serve without pay from the
state. The special deputy investigator shall immediately investigate the
origin and circumstances of any fire designated by the marshal and
determine the cause of the fire so far as is practicable. If it appears
to any special deputy that the fire is of culpable or suspicious origin
he shall immediately notify the state fire marshal. (L. 1972 S.B. 487 § 5)

Any power, duty, or function vested in the state fire marshal by
sections 320.200 to 320.270 may be exercised, discharged or performed by
an investigator acting in the name of the state fire marshal if, and
when, authorized to do so by the marshal. (L. 1972 S.B. 487 § 6)

1. The state fire marshal shall conduct investigations and may
conduct hearings into the cause, origin, or circumstances of fire losses
and shall cooperate with the appropriate fire or police officials of this
state or its political subdivisions in investigations of the cause,
origin or circumstances of fires, explosions or related occurrences
involving the possibility of arson or related offenses.

2. The state fire marshal and the marshal's paid investigators who have
attained proper certification as peace officers pursuant to chapter 590,
RSMo, as approved by the director of the department of public safety
shall be deemed to be peace officers and shall notify the local law
enforcement agency of the existence of the investigators and shall have
the power of arrest for all offenses incident to the investigation of the
cause, origin or circumstances of fires, explosions or like occurrences
involving the possibility of arson, or related offenses, and in
connection with any offenses when aiding and assisting the sheriff of any
county or the chief of police of any municipality, or their designated
representatives, at their request. (L. 1972 S.B. 487 § 7, A.L. 1977 S.B.
272, A.L. 1999 H.B. 792)

From the reports made to him, the state fire marshal shall keep
a record of fire losses occurring in this state and of facts concerning
them. He shall make the compilations, investigations and statistical
summaries he deems proper, all of which shall be kept as permanent
records in his office. All records shall be public, except that the state
fire marshal may, in his discretion, withhold from the public, statements
and testimony taken in an investigation or examination, correspondence
relating to an investigation or examination, confidential reports of
private persons and agents, and reports of investigations of fire losses,
but any records withheld as herein provided shall be available to the
prosecutor of the county in which the fire loss occurred. (L. 1972 S.B.
487 § 8)

The state fire marshal or investigator may at all reasonable
hours enter in or upon any property to make an investigation of a fire
loss or for determining the origin of any fire, but this section shall
apply to the interior of a privately occupied dwelling only when a fire
has occurred therein. (L. 1972 S.B. 487 § 9)

1. The state fire marshal or supervising investigator may
subpoena witnesses, administer oaths, require the production of books,
papers, accounts, documents, and other records or material of any
evidentiary nature, and may examine witnesses in any investigation or
proceeding authorized under sections 320.200 to 320.270. However, any
hearing concerning a fire loss shall be conducted only in the county in
which it occurred.

2. The same fees shall be paid for the service of process and the taking
of depositions as is provided for like services in circuit court. (L.
1972 S.B. 487 § 10)

Sections 320.200 to 320.270 shall not deprive the authorities of
any county, city, or other political subdivision of any power or
jurisdiction over property or fire regulations. (L. 1972 S.B. 487 § 11)

All salaries, expenses, and other costs necessary in enforcing
sections 320.200 to 320.270 and any other laws in which the state fire
marshal is designated as the enforcing officer or agent shall be paid for
out of funds appropriated from the general revenue fund for that purpose.
(L. 1972 S.B. 487 § 12, A.L. 1985 H.B. 230)

The division of design and construction shall provide office
space for the state fire marshal and his employees. (L. 1972 S.B. 487 §
13)

Any person aggrieved by any order or finding of the fire marshal
may have an appeal under chapter 536, RSMo. (L. 1972 S.B. 487 § 14, A.L.
1985 H.B. 230)

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. (L. 1988 S.B. 725 § 1)

1. The state fire marshal in cooperation with the department of
conservation shall establish a standardized dry hydrant technical
assistance program to identify rural areas with priority fire control
needs and to study the feasibility of the use of dry hydrants in such
rural areas of the state by certain fire departments and fire protection
districts and to educate such fire departments and fire protection
districts in the use of dry hydrants.

2. "Dry hydrants" are nonpressurized pipes permanently installed in
lakes, farm ponds, and streams that provide a ready means of drawing
water for rural fire departments. A well designed dry hydrant water
delivery system can improve fire fighting capabilities, save fuel, and
reduce homeowner insurance premiums. Dry hydrant systems provide easier
access to vast amounts of water needed by county road maintenance crews
when they improve and repair rural gravel roads. Dry hydrants make
unprocessed water available for fire fighting and road maintenance which
gives small towns the opportunity to make better use of the town's
limited supply of drinking water.

3. The goals and objectives of the dry hydrant assistance program
established in subsection 1 of this section is to:

(1) Improve rural fire protection, potentially saving lives and property;

(2) Ensure a better quality of life for the citizens of economically
depressed rural areas;

(3) Provide an economic stimulus of underdeveloped rural areas, thereby
creating jobs;

(4) Decrease local government operating costs and save energy with more
efficient use of fuel;

(5) Reduce property insurance rates for rural homeowners;

(6) Improve road maintenance; and

(7) Augment the use of gravity systems which may be damaged by natural
disasters such as earthquakes. (L. 1994 S.B. 678)

As used in sections 320.300 to 320.310, the phrase "volunteer
fire protection association" means any 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 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. (L. 1986 H.B. 1418 § 1, A.L. 1987
H.B. 57, A.L. 1998 S.B. 898)

*Word "has" appears in original rolls.

1. Volunteer fire protection associations may respond to any
emergency within its area regardless of whether the property owner or
individual is a member of or subscriber to the association.

2. In responding to emergencies of nonmembers or nonsubscribers of the
association, the association and its firefighters shall be subject to the
same liabilities for claims for death or injury to persons or property as
those subjected to when responding to emergencies of members or
subscribers.

3. In responding to emergencies of nonmembers or nonsubscribers, the
volunteer fire protection association may charge up to the following fees:

(1) One hundred dollars for responding to an emergency;

(2) Five hundred dollars for each hour or a proportional sum for each
quarter hour spent in providing emergency services; plus

(3) An amount equal to one year's subscription or membership fees. No
property owner or individual shall be liable for fees or charges under
this subsection if said property owner or individual notifies the
volunteer fire protection association in writing, prior to the occurrence
of an emergency, not to respond to an emergency on or involving his
property.

4. Upon payment of the charges and fees set forth in subsection 3 of this
section, the property owner or individual shall be deemed to be a member
or subscriber in good standing until membership or subscriber payments
are again due as prescribed by association rules and regulations. (L.
1986 H.B. 1418 § 2, A.L. 1998 S.B. 898)

1. When making a claim for a loss to property, each owner of an
insured property, who is not a member or subscriber of an association but
who received services from a volunteer fire protection association, shall
notify his property or casualty insurance company of the name, address
and billing statement from the volunteer fire protection association
which responded to a call for emergency assistance at such property.

2. Failure to comply with the provisions of subsection 1 of this section
is a class A misdemeanor.

3. In paying a claim to an insured who received the services of a
volunteer fire protection association any property or casualty insurance
company shall make checks payable to the order of both the insured and
the volunteer fire protection association, and the property owner or
individual shall make full payment to the association within thirty days
after receipt of a loss settlement check from an insurance carrier.

4. Failure to comply with the provisions of subsection 3 of this section
shall be deemed to be a class A misdemeanor. (L. 1986 H.B. 1418 § 3, A.L.
1998 S.B. 898)

If payment is not made pursuant to section 320.305, a volunteer
fire protection association shall have a cause of action against the
property owner or individual for full payment and for additional damages
not to exceed ten thousand dollars. (L. 1986 H.B. 1418 § 4, A.L. 1998
S.B. 898)

All volunteer fire protection associations may identify the
association's boundaries and file the same with the county administrative
body. (L. 1986 H.B. 1418 § 5)

1. A volunteer firefighter serving a rural, volunteer or
subscription fire department or organization is serving the state of
Missouri in an official capacity as a fire protection volunteer and is
hereby declared to be a public safety officer of the state of Missouri
serving without wages, salary or certain other employee-type fringe
benefits described in subsection 3 of this section.

2. The designation of a volunteer firefighter as a public safety officer
of the state of Missouri in subsection 1 of this section does not entitle
a volunteer firefighter to any rights, privileges or benefits provided to
an employee or official of the state of Missouri, including retirement
benefits and participation in the state legal defense fund, except as
provided in subsection 3 of this section.

3. Notwithstanding the provisions of subsection 2 of this section, any
rural, volunteer or subscription fire department or organization, or
volunteer fire protection association as defined in section 320.300, may
provide life insurance, accident, sickness, health, disability, annuity,
length of service, retirement, pension and other employee-type fringe
benefits, subject to the provisions of section 70.615, RSMo, for
volunteer firefighters who are members of any such department,
organization or association and such other benefits for their spouses and
eligible unemancipated children as the governing board deems appropriate,
either through a contributory or noncontributory plan, or both. For
purposes of this section, "eligible unemancipated child" means a natural
or adopted child of an insured, or a stepchild of an insured who is
domiciled with the insured, who is less than twenty-three years of age,
who is not married, not employed on a full-time basis, not maintaining a
separate residence except for full-time students in an accredited school
or institution of higher learning, and who is dependent on parents or
guardians for at least fifty percent of his or her support. The type and
extent of such benefits shall be determined by the governing board of the
department, organization or association, whichever is applicable. The
provision and receipt of such benefits shall not make the recipient an
employee of the district, association or organization. Directors or board
members who are also volunteer firefighters may receive such benefits
while serving as a director or board member of the district, association
or organization. (L. 1992 H.B. 1379 § 1, A.L. 1999 S.B. 436)

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