Title XXI — PUBLIC SAFETY AND MORALS

320.131. Possession, sale and use of certain fireworks prohibited — restrictions — label required — items not regulated. — 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.…

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 Pyrotechnic…

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 an annual retailer permit to nonpermitted buyers during a calendar year from the first day of Ja…

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 kep…

320.147. Inspections of locations where fireworks are stored, kept, or sold — construction requirements. — 1. A person selling or offering fireworks for sale or barter or trade shall permit the state fire marshal and the marshal's deputies to conduct inspections, based on the cod…

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 se…

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 pu…

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. ­­-------- (L. 1985 S.B. 76 § 12, A.L. 1987 H.B. 416, A.L. 2004 S.B. …

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 indi…

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 …

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…

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 appointe…

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 v…

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 su…

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, …

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 coo…

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 summa…

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 inte…

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 …

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. ­­-------- (L. 1972 S.B. 487 § 11)

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 appropri…

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. ­­-------- (L. 1972 S.B. 487 § 13, A.L. 2014 H.B. 1299 Revision)

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

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 wi…

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 ide…

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 …

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 assoc…

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 pro…

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 n…

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 320.09…

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 o…

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". ­­-------- (L. 2007 S.B. 47)

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 depart…

320.336. Termination from employment prohibited, when — loss of pay permitted, when — written verification of service permitted — employer notification requirements — employment rights, attorney general to enforce, when. — 1. No public or private employer shall terminate an emplo…

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 f…

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 …

[Repealed or reserved.]

320.356. Testing verification reports, content — state fire marshal certification — fee — retesting required, when. — 1. Each manufacturer shall submit to the state fire marshal a written certification attesting that each cigarette listed in the certification has been tested in a…

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 s…

320.362. Violations, penalties. — 1. A manufacturer, wholesaler, or other person or entity who knowingly sells or offers for sale cigarettes, other than through retail sale, in violation of section 320.353 shall be subject to a civil penalty not to exceed one hundred dollars for …

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, th…

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 s…

320.371. Fund created, use of moneys. — 1. There is hereby created in the state treasury the "Cigarette Fire Safety Standard and Firefighter Protection Act Fund" which shall consist of moneys collected under sections 320.106 to 320.161 and sections 320.350 to 320.374. The fund sh…

320.374. Sale of cigarettes outside state or United States, requirements not to apply — termination of requirements, when — state preemption. — 1. Nothing in sections 320.350 to 320.374 shall be construed to prohibit any person or entity from manufacturing or selling cigarettes t…

320.380. Compliance with applicable laws required. — Nothing in sections 320.350 to 320.374 shall be interpreted or applied to permit noncompliance with other applicable statutes and case law. ­­-------- (L. 2009 H.B. 481 § 4)

320.400. Critical illness benefits pool — definitions — creation, employer contributions — benefits, amount — other payments, when — grants — effect on worker's compensation determinations. — 1. For purposes of this section, the following terms mean: (1) "Covered individual", a f…

321.010. Definitions — election procedure. — 1. A "fire protection district" is a political subdivision which is organized and empowered to supply protection by any available means to persons and property against injuries and damage from fire and from hazards which do or may caus…

321.015. District director not to hold other lucrative employment — exemptions certain counties and employment — lucrative office or employment, defined. — 1. No person holding any lucrative office or employment under this state, or any political subdivision thereof as defined in…

321.017. Employee of fire protection district or ambulance district not to be member of board, exception — former board members ineligible for employment by the board for twelve months. — 1. Notwithstanding the provisions of section 321.015, no employee of any fire protection dis…

321.020. Circuit court may establish districts. — The circuit court sitting in and for any county of this state, containing all or part of a proposed district, may, as provided in this chapter, establish fire protection districts. ­­-------- (L. 1947 V. I p. 432 § 3, A.L. 1969 H.…