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Home My WebLink About1965-OR-1658 AN ORDINANCE ADOPTING APIRE PREVENTION CO.DE PP~ESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO DIFE AND ~ROPERTY FROIE FIRE OR'EXPLOSION, A~TD ESTABLISHING A BL~REAU OF FIRE I~RE~ VENTION AND PROVIDING OFFICERS THEREFOR AND DEFINING THEIR P0¥fERS AND DTJTIES. BE IT ORDAINED BY THE CO~!&'[0N COUNCIL 0F TITE CITY OF JEFFERS 0i~VILLE, INDIANA Section 1. Adoption of Fire Prevention Code. There is hereby adopted by the City of Jefzersonvml e, Indiana for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Fire Prevention Code recommended by the American Insurance Association, being particularly the 1965 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended, of which code not less than three (3) copies have been and now are filed in the office of the Clerk of the City of Jeffersonville, Indiana, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this Ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Jeffersonvilte, Indiana. Section 2. Establishment and Duties of the Bureau of Fire Prevention. a. The Fire Prevention Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the City of Jeffer- sonville, Indiana, which is hereby established and which shall be operated under the supervision of the Chief of the Fire D, epartmento b. The Chief in charge of the Bureau of Fire ~revention . shall be appointed by the Board of Public Works and Safety of the City of Jeffersonville, Indiana, on the basis of examination to determine his qualifications. His appointment shall continue during good behavior and satisfactory service, and he shall not be removed ~rom of£ice except £or cause° c. The Chie£ o~ the Fire ~epartmen% may detail such members of the Fire Department as inspectors as shall £rom time to time be necessary. The Chie~ of the Fire ~epartment shall recommend to the Board o£ l~ublic Works and Sa£ety the employment o£ tecb~aical inspeetors~ who, when such authorization is made, shall be selected through an examination to determine their ~itness ~or the position. Tthe examination shall be open to members and non-members o~ the ~ire Department, and appointments made a£ter examination and acceptance o~ the ~ension Board o~ the Je~£erson~ille Fire ~epartment shall be ~or a~ inde£ini%e term with removal only £or cause° do A report o~ the Bureau o~ Fire ~revention shall be made ar£aually and transmitted to the ~ayor; it shall contain all proceed- ings under this code, with s~ch statistics as the Chie~ o~ the ~ire ~epartment may wish to include therin; the Chie£ o£ the Fire ~epartment shall also recommend any amendments to the code which, in his judgment, shall be desirable° Section 3. ~e£i~tions. a. V~erever the word ,~u~icipality" is used in the Fire ~revention Code, it shall b~ held to mean the City o£ Je~fersonville, Indiana. bo ~Vherever the term "Corporation Counsel" is used in the Fire ~revention Code, it shall be held to mean the Attorney ~or the City of Je££e~so~ville, Indiana~ Section 4° Establishment o£ Limits o~ ~istricts im which Storage o£ Explosives and Blasting Agents is to be ~rohibitedo The limits re£erred to in Section 12o5b of the Fire ~reve~tion Code, in which storage of explisi~es and blasting agents is pro- hibited, are hereby established as anywhere within the city limits o£ the City o£ Je~fersonville, Indiana° Section 5o Establishment 0~ Limits o~ ~istricts in ~hich Storage o£ Flammable Liquids in O~tside Abo~egrou~d Tanks is to be ................. ~rohibited. a. The limits referred to in Section 16o22a of the Fire ~re~ention Code in which storage of flammable liquids in outside aboveg~e~d tanks is prohibited, are hereby established as follows: Ri, R2, Bi, B2, B3, BSC, and I1 as they appear on the official zoning map of the City of Jefferson¥ille, Indiana° b. The limits referred to in Section 16o51 of the Fire Prevention Code, in which new bulk plants for flammable or combus- tible liquids are prohibited, are hereby established as follows: Ri, R2, BI, B2, B3, BSC, and I1 as they appear on the of£icial zoning map of the City of Jeffersonville, Indiana° Section 6. Establishment of Limits in which Bulk Storage of Liquefied Petroleum Gases is to be Restrictedo The limits referred to in Section 21o6a of the Fire Prevention Code, in which bulk storage of liquefied petroleum gas is restricted, are hereby established as follows: Ri, R2, B1, B2, B3, BSC, and I1 as they appear on the official zoning map of the City of Jeffersonville, Indiana. Section 70 Amendments Made in the Fire Prevention Code. The Fire Prevention Code is amended smd changed in the following respects: Section 1.9c is amended as follows: All applications for a permit required by this code shall be made to the Building Commission~of the City of Jeffersonville, ,^ Indiana in such form smd detail as that office shall7~escribeo Applications for permits shall be accompanied by such plans as required by the Building Commissioner of the City of Jeffersonville, Indiana° Ail such applications for a permit required by this code submitted to the Building Commissioner of the City of Jeffersonville, Indiana shall then in tur~ be reviewed and approved by the Chief off the Fire Prevention Bureau° Section 8. ~odifications. The Chief of the Bureau of ~ire Pre~ention shall have the power to modify a~y of the provisions of the Fire Prevention Code upon application in ~£iting by the owner or lessee, or his duly a~horized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed thereon, shall be entered upon the records of the depart- merit and a signed copy shall befurnished the applicant° Section 9. Appeals° ~Vhenever the Chief of the ~ire Department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the 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 ~ire Department to the Board of t%~blic Works and Safety within 30 days from the date of the decision appealed° Section 10o New ~?~terials, Processes or Occupancies which May Require Permits° The Board of ~ublic 'Jorms and Safety, the Chief of the Fire Department au~d the Chief of the Bureau of Fire ~revention sh~ll ac% as a committee to determine and specify, after giving affected persons an opport~s~ity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in said code° The Chief of the Bureau of Fire Prevention shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons° Section 11o Penalties° Any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or v~o 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 Board of t%ablic Works and Safety, or by a court of competent jurisdiction, within the time fixed herein, shall severally for each amd every such violation and noncompliance respectively, be guilty o£ a misdemeanor, punishable by a fine of not less than ~5o00 nor more than ~100o00 or by imprisonment for not less tlhan 2 days nor more than 60 days or by both such fine and imprisonment° The imposition of one penalty for any violation does 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 ten days that prohibited conditions are maintained shall constitute a separ- ate offense° bo The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions° Section 12o Repeal of Conflicting Ordinances° Ail former ordinances or parts sistent with the provisions of this adopted are hereby repealed° Section 13o Validity° The City of Jeffersonville, thereof conflicting or incon- ordinance or of the code hereby Indiana, hereby declares that should any section, paragraph, sentence, or word of this ordinance or of the code hereby adopted be declared for any reason to be invalid, it is the intent of the Common Council Indiana, that it would have ordinance independen~of the as may be declared invalid° Section 14o Date of Effect° This ordinance shall take effect and be in force from and after i~s approval as requ. ired by law. of the City of Jeffersonvilte, passed all other portions of this elimination herefrom of any such portion -- ?residing Off'~c er Attest: CityCC~Ierk-Treasurer $%~bmit~ed for publication by me this 4th day of November, 1965 Carl J. Braun Clerk-Treasurer City of Jef~°nviiI~ indiana