There is hereby adopted by the City Council, insofar as not
inconsistent with the laws of the state, for the purpose of prescribing
regulations governing conditions hazardous to life and property from
fire or explosion, that certain code known as the BOCA Basic Fire
Prevention Code, recommended by the Building Officials and Code Administrators
International, Inc., being particularly the 1978 edition thereof,
and the whole thereof, save and except such portions as are hereinafter
deleted, modified or amended; and the same is hereby adopted and incorporated
as fully as if set out at length herein, and the provisions thereof
shall be controlling within the limits of the City.
[Code 1962, § 12-2]
Copies of the Fire Prevention Code adopted by this article may
be obtained at the office of the City Manager in City Hall during
the regular business hours.
[Code 1962, § 12-3]
The Fire Prevention Code adopted by this article shall be enforced
by the Chief of the Fire Division or his properly authorized agent.
[Code 1962, § 12-1]
(a)
Storage of explosives and blasting agents. The limits referred to
in Section F-2701.2 of the Fire Prevention Code adopted by this article,
in which the storage of explosives and blasting agents is prohibited,
shall be coextensive with the corporate limits of the City.
(b)
Bulk storage of liquefied petroleum gas. The limits referred to in
Section F-3102.1 of the Fire Prevention Code adopted by this article,
in which the bulk storage of liquefied petroleum gas is restricted,
shall be coextensive with the corporate limits of the City, except
the M-2 Heavy Industrial, Zoning District; provided that facilities
for the bulk storage of liquefied petroleum gas in violation as to
capacity and in use as of October 8, 1960, shall be allowed to continue
in use, but may not be added to or the capacity increased, except
as provided in such Section F-3102.1.
[Code 1962, § 12-4]
The Chief of the Fire Division shall have the power to modify
any of the provisions of the Fire Prevention Code adopted by this
article, upon application in writing by the owner or lessee or his
duly authorized agent, when there are practical difficulties in the
way of carrying out the strict letter of such code, provided the spirit
of such code shall be observed, public safety secured and substantial
justice done. The particulars of such modification, when granted or
allowed, and the decision of the Chief of the Fire Division thereon
shall be entered upon the records of the division; and a signed copy
shall be furnished the applicant.
[Code 1962, § 12-5]
In connection with the Fire Prevention Code adopted by this
article, whenever the Chief of the Fire Division shall disapprove
an application or refuse to grant a license or permit applied for,
or when it is claimed that the provisions of such code do not apply
or that the true intent and meaning of the code have been misconstrued
or wrongly interpreted, the applicant may appeal from the decision
of the Chief of the Fire Division to the City Council, within 30 days
from the date of the decision from which the appeal is taken.
[Code 1962, § 12-6]
(a)
Any person who shall violate any of the provisions of the Fire Prevention
Code adopted by this article or fail to comply therewith, or who shall
violate or fail to comply with any order made thereunder, or who shall
build in violation of any detailed statement of specifications or
plans submitted and approved thereunder, or any certificate or permit
issued thereunder, and from which no appeal has been taken, or who
shall fail to comply with such an order as affirmed or modified by
the City Council or by a court of competent jurisdiction, within the
time fixed herein, shall severally for each and every such violation
and noncompliance, respectively, be guilty of a misdemeanor punishable
by a fine of not more than $1,000. The imposition of one penalty for
any violation shall not excuse the violation or permit it to continue;
and all such persons shall be required to correct or remedy such violations
or defects within a reasonable time; and when not otherwise specified,
each 10 days that prohibited conditions are maintained shall constitute
a separate offense.
(b)
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
