reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.136 - Ground salutes, special type, prohibited.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 11 Jun 2012, 2 histories, see footnote
320.136. Ground salutes, special type, prohibited. —
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 limits set for consumer fireworks, display fireworks, or proximate fireworks 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.
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(L. 1985 S.B. 76 § 7, A.L. 1987 H.B. 416, A.L. 1999 H.B. 343, A.L. 2004 S.B. 1196, A.L. 2012 H.B. 1647 merged with S.B. 835)
Effective 6-11-12 (S.B. 835); 7-10-12 (H.B. 1647)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.141 - Permissible items of consumer fireworks, how sold, when.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 28 Aug 1999
320.141. Permissible items of consumer fireworks, how sold, when. —
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.
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(L. 1985 S.B. 76 § 8, A.L. 1999 H.B. 343)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.146 - Display and storage of fireworks, restrictions on.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 28 Aug 2007, 2 histories
320.146. Display and storage of fireworks, restrictions on. —
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 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.
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(L. 1985 S.B. 76 § 9, A.L. 1999 H.B. 343, A.L. 2004 S.B. 1196, A.L. 2007 S.B. 22)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.151 - Sales to children, sales by children, unlawful, exceptions — exploding fireworks near gasoline pumps, certain buildings or from or at motor vehicles, prohibited — certain restrictions — demonstrating and testing allowed, requirements.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 28 Aug 2004
320.151. Sales to children, sales by children, unlawful, exceptions — exploding fireworks near gasoline pumps, certain buildings or from or at motor vehicles, prohibited — certain restrictions — demonstrating and testing allowed, requirements. —
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.
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(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.
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.156 - Items and activities not subject to provisions of sections 320.106 to 320.161.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 28 Aug 1985
320.156. Items and activities not subject to provisions of sections 320.106 to 320.161. —
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.
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(L. 1985 S.B. 76 § 11)
*Word "providing" appears in original rolls.
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.161 - Penalty provisions.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 01 Jan 2017, 2 histories, see footnote
320.161. Penalty provisions. —
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 D felony.
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(L. 1985 S.B. 76 § 12, A.L. 1987 H.B. 416, A.L. 2004 S.B. 1196, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.200 - Definitions.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 28 Aug 2007
320.200. Definitions. —
As used in sections 320.200 to 320.271, 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"
, an 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 operation to a population within a fixed and legally recorded geographical area. The term fire department shall include any municipal fire department or any fire protection district as defined in section 321.010, or voluntary fire protection association as defined in section 320.300, engaging in this type of activity;
(4)
"Fire loss"
, loss of or damage to property, or the loss of life or of personal injury, by fire, lightning, or explosion;
(5)
"Investigator"
, the supervising investigators and investigators appointed under sections 320.200 to 320.270;
(6)
"Owner"
, any person who owns, occupies, or has charge of any property;
(7)
"Privately occupied dwelling"
, a building occupied exclusively for residential purposes and having not more than two dwelling units;
(8)
"Property"
, property of all types, both real and personal, movable and immovable;
(9)
"State fire marshal"
, the state fire marshal selected under the provisions of sections 320.200 to 320.270.
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(L. 1972 S.B. 487 § 1, A.L. 1985 H.B. 230, A.L. 2007 S.B. 22 merged with S.B. 47)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.202 - Division of fire safety, created — duties of division and fire marshal — rulemaking authority.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 28 Aug 2007, 2 histories
320.202. Division of fire safety, created — duties of division and fire marshal — rulemaking authority. —
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 voluntary training of firefighters, investigators, inspectors, and public or private employees or volunteers in the field of emergency response, rescue, fire prevention or preparedness;
(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 chapter 197;
(5) Establishing and maintaining a voluntary training and certification program based upon nationally recognized standards. A certification testing fee and recertification fee shall be established by promulgated rules and regulations by the state fire marshal under the provisions of section 536.024. Fees collected shall be deposited into the general revenue fund.
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.
3. The state fire marshal shall have the authority to promulgate rules and regulations under the provisions of section 536.024 to carry out the provisions of this section.
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(L. 1985 H.B. 230, A.L. 2006 H.B. 1509, A.L. 2007 H.B. 952 & 674)
*Section 320.270 was repealed by H.B. 57, 1987.
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.205 - Fire marshal, appointment, qualifications.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 28 Aug 2011
320.205. Fire marshal, appointment, qualifications. —
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. The state fire marshal shall possess administrative ability and experience, be able to obtain facts in connection with the duties of the office by field investigations, and be able to accurately report findings.
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(L. 1972 S.B. 487 § 2, A.L. 1985 H.B. 230, A.L. 1993 H.B. 550, A.L. 2011 H.B. 464)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.210 - Employees, how appointed, qualifications.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 28 Aug 2023, 2 histories
320.210. Employees, how appointed, qualifications. —
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. 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 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 be a resident of Missouri at the time of appointment. An investigator or employee shall not hold any other commission or office, elective or appointive, or accept any other employment that would pose a conflict of interest while he or she is an investigator or employee. An investigator or employee shall not accept any compensation, reward, or gift other than his or her regular salary and expenses for the performance of his or her official duties.
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(L. 1972 S.B. 487 § 3, A.L. 1985 H 230, A.L. 2023 S.B. 186)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.215 - Reimbursement of employees, expenses and equipment, state to furnish.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 28 Aug 1972
320.215. Reimbursement of employees, expenses and equipment, state to furnish. —
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.
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(L. 1972 S.B. 487 § 4)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.220 - Special deputy, who eligible.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 28 Aug 1972
320.220. Special deputy, who eligible. —
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.
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(L. 1972 S.B. 487 § 5)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.225 - Investigator to have same powers as fire marshal, when.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 28 Aug 1972
320.225. Investigator to have same powers as fire marshal, when. —
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.
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(L. 1972 S.B. 487 § 6)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.230 - Investigations conducted — cooperation with local officials required — may act as peace officers, when, qualifications.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 28 Aug 1999
320.230. Investigations conducted — cooperation with local officials required — may act as peace officers, when, qualifications. —
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 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.
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(L. 1972 S.B. 487 § 7, A.L. 1977 S.B. 272, A.L. 1999 H.B. 792)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.235 - Reports and records required — open to public, exceptions.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 28 Aug 1972
320.235. Reports and records required — open to public, exceptions. —
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.
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(L. 1972 S.B. 487 § 8)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.240 - Property may be entered for investigation, when.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 28 Aug 1972
320.240. Property may be entered for investigation, when. —
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.
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(L. 1972 S.B. 487 § 9)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.245 - Subpoena powers — hearing, where conducted — fees for service of process and depositions.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 28 Aug 1972
320.245. Subpoena powers — hearing, where conducted — fees for service of process and depositions. —
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.
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(L. 1972 S.B. 487 § 10)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.250 - Powers of political subdivisions not affected.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 28 Aug 1972
320.250. Powers of political subdivisions not affected. —
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.
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(L. 1972 S.B. 487 § 11)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.255 - Salaries, expenses and costs, how paid.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 28 Aug 1985
320.255. Salaries, expenses and costs, how paid. —
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.
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(L. 1972 S.B. 487 § 12, A.L. 1985 H.B. 230)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.260 - Office space to be provided.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 28 Aug 2014
320.260. Office space to be provided. —
The division of facilities management, design and construction shall provide office space for the state fire marshal and his or her employees.
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(L. 1972 S.B. 487 § 13, A.L. 2014 H.B. 1299 Revision)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.265 - Appeals, how taken.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 28 Aug 1985
320.265. Appeals, how taken. —
Any person aggrieved by any order or finding of the fire marshal may have an appeal under chapter 536.
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(L. 1972 S.B. 487 § 14, A.L. 1985 H.B. 230)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.271 - Information to be filed with fire marshal, by certain fire protection organizations — when — identification numbers.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 28 Aug 2007
320.271. Information to be filed with fire marshal, by certain fire protection organizations — when — identification numbers. —
All fire protection districts, fire departments, and all volunteer fire protection associations as defined in section 320.300 shall complete and file with the state fire marshal within sixty days after January 1, 2008, and annually thereafter, a fire department registration form provided by the state fire marshal. The state fire marshal may issue a fire department identification number to each registered fire protection district, fire department, or volunteer fire protection association based upon such registration. The state fire marshal may conduct periodic reviews of the information provided on each fire department registration form, and may deny or revoke a fire department identification number based upon the information provided.
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(L. 1988 S.B. 725 § 1, A.L. 2007 S.B. 22 merged with S.B. 47)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.273 - Dry hydrant technical assistance program to be established — dry hydrant defined — purposes and goals of program.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 28 Aug 1994
320.273. Dry hydrant technical assistance program to be established — dry hydrant defined — purposes and goals of program. —
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.
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(L. 1994 S.B. 678)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.300 - Volunteer fire protection association, definition.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 28 Aug 2006
320.300. Volunteer fire protection association, definition. —
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 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.
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(L. 1986 H.B. 1418 § 1, A.L. 1987 H.B. 57, A.L. 1998 S.B. 898, A.L. 2006 S.B. 863)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.302 - Nonmembers, association may respond to any emergency, exception — liabilities — fees.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 28 Aug 1998
320.302. Nonmembers, association may respond to any emergency, exception — liabilities — fees. —
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.
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(L. 1986 H.B. 1418 § 2, A.L. 1998 S.B. 898)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.305 - Claim of loss, payment of claims to association, nonmember — violations, penalties.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 28 Aug 1998
320.305. Claim of loss, payment of claims to association, nonmember — violations, penalties. —
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.
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(L. 1986 H.B. 1418 § 3, A.L. 1998 S.B. 898)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.307 - Nonpayment of claim, association has cause of action, amount.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 28 Aug 1998
320.307. Nonpayment of claim, association has cause of action, amount. —
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.
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(L. 1986 H.B. 1418 § 4, A.L. 1998 S.B. 898)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.310 - Boundaries, filing with county — sole providers, when.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 28 Aug 2007
320.310. Boundaries, filing with county — sole providers, when. —
1. All volunteer fire protection associations as defined in section 320.300 shall identify the association's boundaries and file the same with the county administrative body.
2. Except as provided in section 320.090 and section 44.090, and except for state agencies that engage in fire suppression and related activities, those fire protection districts, municipal fire departments, and volunteer fire protection associations, as defined in section 320.300, shall be the sole provider of fire suppression and related activities. For the purposes of this subsection, the term
"related activities"
shall mean only fire prevention, rescue, hazardous material response, or special operation within their legally defined boundaries.
3. Only upon approval by the governing body of a municipal fire department, fire protection district, or volunteer fire association registered with the office of the state fire marshal, as required by section 320.271, shall any other association, organization, group, or political subdivision be authorized to provide the fire suppression response and related activities referenced in subsection 2 of this section within the legally defined boundaries of any municipal fire department, fire protection district, or volunteer fire association.
4. Any such association, group, or political subdivision denied approval to operate within the established boundaries of a fire department or volunteer fire association may appeal that decision within thirty days of the decision to the circuit court having jurisdiction for a trial de novo.
5. Notwithstanding the provisions of subsections 2 and 3 of this section, ambulance services and districts which are or will be licensed, formed, or operated under chapter 190 may provide emergency medical services and nonemergency medical transport within the geographic boundaries of a fire department. Nothing in this section shall supersede the provisions set forth in section 67.300, chapter 190, or chapter 321.
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(L. 1986 H.B. 1418 § 5, A.L. 2007 S.B. 22 merged with S.B. 47)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.320 - Volunteer firefighters serving without wages, salary or certain other benefits, declared to be public safety officers of state — volunteer firefighters may receive certain benefits.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
Effective - 28 Aug 1999
320.320. Volunteer firefighters serving without wages, salary or certain other benefits, declared to be public safety officers of state — volunteer firefighters may receive certain benefits. —
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, 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.
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(L. 1992 H.B. 1379 § 1, A.L. 1999 S.B. 436)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.330 - Citation of law.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 28 Aug 2007
320.330. Citation of law. —
Sections 320.330 to 320.339 shall be known and may be cited as the "Volunteer Firefighter Job Protection Act".
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(L. 2007 S.B. 47)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.333 - Definitions.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 28 Aug 2007
320.333. Definitions. —
1. As used in sections 320.330 to 320.339, the phrase
"volunteer firefighter"
means any firefighter in the service of any fire department or fire protection district, including but not limited to any municipal, volunteer, rural, or subscription fire department or organization, or volunteer fire protection association, who receives no monetary compensation for his or her services.
2. The term
"monetary compensation"
includes any economic return for services and shall not include:
(1) Life insurance, sickness, health, disability, annuity, length of service, retirement, pension, and other employee-type fringe benefits;
(2) De minimis compensation to pay for fuel, minor costs related to transportation, and other minor operation costs.
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(L. 2007 S.B. 47)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.339 - Wrongful termination, cause of action permitted.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 28 Aug 2007
320.339. Wrongful termination, cause of action permitted. —
An employee who is terminated in violation of sections 320.330 to 320.339 may bring a civil action against his or her employer who violated sections 320.330 to 320.339. The employee may seek reinstatement to his or her former position, payment of back wages, reinstatement of fringe benefits, and, where seniority rights are granted, reinstatement of seniority rights. If the employee prevails in such an action, the employee shall be entitled to an award of reasonable attorney's fees and the costs of the action. The employee shall commence such an action within one year after the date of the employee's termination.
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(L. 2007 S.B. 47)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.350 - Title of law — definitions.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 01 Jan 2011, see footnote
320.350. Title of law — definitions. —
1. Sections 320.350 to 320.374 shall be known and may be cited as the "Fire Safety Standard and Firefighter Protection Act".
2. As used in sections 320.350 to 320.374, the following terms shall mean:
(1)
"Cigarette"
, an item manufactured of tobacco or any substitute therefor, wrapped in paper or any substitute therefor, weighing not to exceed three pounds per one thousand cigarettes and which is commonly classified, labeled or advertised as a cigarette;
(2)
"Department"
, the department of revenue;
(3)
"Manufacturer"
, any person engaged in the manufacture or production of cigarettes;
(4)
"Quality control and quality assurance program"
, the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. Such a program shall ensure that the testing repeatability remains within the required repeatability values stated in subdivision (6) of subsection 1 of section 320.353 for all test trials used to certify cigarettes in accordance with sections 320.350 to 320.374;
(5)
"Repeatability"
, the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent of the time;
(6)
"Retailer"
, any person who sells to a consumer or to any person for any purpose other than resale;
(7)
"Sale"
, in this instance is defined to be and declared to include sales, barters, exchanges and every other manner, method and form of transferring the ownership of personal property from one person to another;
(8)
"Sell"
, to sell, or offer or agree to do the same;
(9)
"Wholesaler"
, any person, firm, or corporation organized and existing, or doing business, primarily to sell cigarettes or tobacco products to, and render service to, retailers in the territory the person, firm, or corporation chooses to serve; that purchases cigarettes or tobacco products directly from the manufacturer; that carries at all times at his or its principal place of business a representative stock of cigarettes or tobacco products for sale; and that comes into the possession of cigarettes or tobacco products for the purpose of selling them to retailers or to persons outside or within the state who might resell or retail the cigarettes or tobacco products to consumers. This shall include any manufacturer, jobber, broker, agent, or other person, whether or not enumerated in this chapter, who so sells or so distributes cigarettes or tobacco products.
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(L. 2009 H.B. 205)
Effective 1-01-11
Contingent termination date, see section 320.374
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.359 - Compliance marking required, method of marking permitted — copy of certification to be provided to wholesalers, when.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 01 Jan 2011, see footnote
320.359. Compliance marking required, method of marking permitted — copy of certification to be provided to wholesalers, when. —
1. Cigarettes that are certified by a manufacturer in accordance with section 320.356 shall be marked to indicate compliance with the requirements of section 320.353. The marking shall be in eight-point type or larger and consist of the letters FSC, which signifies fire standard compliant, permanently printed, stamped, engraved, or embossed on the package at or near the UPC code.
2. A manufacturer shall use only one marking and shall apply such marking uniformly for all packages, including but not limited to packs, cartons, and cases, and brands marketed by such manufacturer.
3. Manufacturers certifying cigarettes in accordance with section 320.356 shall provide a copy of the certifications to all wholesalers to which they sell cigarettes. Wholesalers and retailers shall permit the department and the state attorney general, and their employees, to inspect markings of cigarette packaging marked in accordance with this section.
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(L. 2009 H.B. 205)
Effective 1-01-11
Contingent termination date, see section 320.374
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.365 - Rulemaking authority — department of revenue may inspect cigarettes for markings.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 01 Jan 2011, see footnote
320.365. Rulemaking authority — department of revenue may inspect cigarettes for markings. —
1. The department of revenue may promulgate rules to implement the provisions of sections 320.350 to 320.374. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in sections 320.350 to 320.374 shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. Sections 320.350 to 320.374 and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 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 January 1, 2011, shall be invalid and void.
2. The department, in the regular course of conducting inspections of wholesalers and retailers as authorized under section 149.041, may inspect such cigarettes to determine if the cigarettes are marked as required by section 320.359. If the cigarettes are not marked as required, the department shall notify the state attorney general.
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(L. 2009 H.B. 205)
Effective 1-01-11
Contingent termination date, see section 320.374
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 320 - Fire Protection › Section 320.368 - Enforcement procedures — authorization to examine records.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 320
• Effective - 01 Jan 2011, see footnote
320.368. Enforcement procedures — authorization to examine records. —
To enforce the provisions of sections 320.350 to 320.374, the state attorney general and the department are authorized to examine only the books, papers, invoices, and other business records pertaining to the sale and receipt of any type of cigarettes suspected of failing to conform to the fire safety requirements of sections 320.350 to 320.374 of any person in possession or control of any premises where such cigarettes are placed, stored, sold, or offered for sale, as well as the stock of such cigarettes on the premises. Every person in the possession or control of any premises where cigarettes are placed, sold, or offered for sale is directed and required to give the state attorney general and the department the opportunity for the examinations authorized by this section.
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(L. 2009 H.B. 205)
Effective 1-01-11
Contingent termination date, see section 320.374