Current through Register Vol. 49, No. 23, December 2, 2024
Section 11 CSR 40-1.010 - Organization and Methods of OperationPURPOSE: This rule describes the organization and methods of operation of the office of the State Fire Marshal.
(1) The Office of the State Fire Marshal was created in 1972 by the 76th General Assembly. With the enactment of the Omnibus State Reorganization Act of 1974, the office was transferred to the Department of Public Safety on July 1, 1974.(2) The state fire marshal is appointed by the governor, with the advice and consent of the senate. Responsible to the director of public safety, the state fire marshal is charged with the administration and enforcement of sections 320.200-320.270, RSMo.(3) One function of the office of the Division of Fire Safety is to investigate suspicious fires and explosions and to develop information which will lead to prosecution for criminal fires. This active investigation and prosecution of incendiary fires is aimed at the apprehension of arsonists and the deterrence of other fires.(4) The office of the Division of Fire Safety is also responsible for maintaining a state fire loss reporting system. This system is based upon reports submitted by each fire department in the state on every incident for which fire department equipment is used. The compiled data is disseminated in an annual report and is valuable in identifying Missouri's fire prevention programs.(5) On October 10, 1973, the Bureau of Safety and Fire Prevention was transferred from the Department of Public Health and Welfare to the office of the Division of Fire Safety. The transfer made the state fire marshal responsible for assisting institutional fire and safety supervisors in the review of building plans for fire prevention features and for providing technical assistance in the preparation of rules pertaining to fire prevention.(6) The Division of Fire Safety is also responsible for fire safety inspections for the Divisions of Family Services and Mental Health and it serves in an advisory capacity for the Division of Aging. This data also appears in the annual report.(7) The division, charged on September 28, 1985, with the regulation of fireworks manufacturing and sales in Missouri, now regulates all licensing and enforcement of the fireworks industry.(8) On November 12, 1986, enforcement of Boilers & Pressure Vessels Act began. The Division of Fire Safety conducts safety inspections and certification of boiler and pressure vessels.(9) On August 28, 1993, the division was authorized by sections 292.600-292.625, RSMo to administer the Emergency Planning and Community Right-to-Know Act. This act which also creates the Missouri Emergency Response Commission (MERC) sets up a framework for local government to better prepare for hazardous chemical emergencies.(10) Any person desiring information or assistance on any matter falling within the scope of the office of the Division of Fire Safety should contact the Division of Fire Safety, P.O. Box 844, 301 W High, Harry S Truman State Office Building, Jefferson City, MO 65102, (314) 751-2930. AUTHORITY: section 536.023, RSMo 1986.* Original rule filed Dec. 31, 1975, effective Jan. 10, 1976. Amended: Filed June 2, 1977, effective Dec. 15, 1977. Amended: Filed Nov. 16, 1988, effective Feb. 24, 1989. Amended: Filed Nov. 5, 1993, effective June 6, 1994. *Original authority: 536.023, RSMo 1975, amended 1976.