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HomeMy Public PortalAboutOrdinance 3121 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. AN ORDINANCE ADOPTING A FIRE PREVENTION CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWEJ&S AND DUTIES. The City Council of the City of Beaumont does ordain as follows: Section 1. Adoption of Fire Prevention Code. There is hereby adopted by the City of Beaumont for the purpos 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 National Board of Fire Underwriters, being particularly the 1956 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended(by section 6 of this ordinance), 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 Beaumont ans 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 Beaumont. Section 2. Establishment and Duties of 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 Beaumont which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department. b. The Chief in charge of the Bureau of Fire Prevention shall be appointed by the City Council on the basis of examination to determine his qualifications. His appointment shall continue durin good behavior and satisfactory service, and he shall not be removed from office except for cause after public trial. Page 1. 1 2 3 4 5 611 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 c. TheChief of the Fire Dppartment may detail such members of the fire department as inspectors as shall from time to time be necessary. The Chief of the Fire Department shall recommend to the City Council the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be pen to members and non-members of the fire department, and appointments made after examination shall be for an indefinite term with removal only for cause. d. A report of the Bureau of Fire Prevention shall be made annually and transmitted to the chief executive officer of the municipality; it shall contain all proceedings under this code, with such statistics as the Chief of the Fire Department may wish to include therein; the Chief of the Fire Department shall also recommend any amendments to the code which, in his judgment, shall be desirable. Section 3. Definitions. a. Wherever the word "Municipality" is used in the Fire Prevention Code, it shall be held to mean the City of Beaumont. b. Wherever the term 'Corporation Counsel" is used in the Fire Prevention Code, it shall be held to mean the City Attorney of the City of Beaumont. Section 4. Establishment of Limits of Districts in which Storage of Flammable Liquids in Outside Above- ground Tanks is to be Prohibited. a. The limits referred to in section 15.201 of the Fire Prevention Code in which storage of flammable liquids in outside above -ground tanks is prohibited, are hereby established as follows: Zones C-1 & 2; R-1, 2 & 3. b. The limits referred to in section 15.401 of the Fire Prevention Code, in which new bulk plants for flammable liquids ar Page 2. 1 2 3 4 5 6 7 prohibited, are hereby established as follows: Zones C-1 & 2; R-1, 2 & 3.&Modified M Zone. Section 5. Establishment of Limits in which Bulk Storage of Liquefied Petroleum Gases is to be Restricted. The limits referred to in section 19.06a of the Fire Preventior, Code, in which bulk storage of liquefied petroleum gas is restricted, are hereby established as follows: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Zones C-1 & 2; R-1, 2 & 3;. Section 6. Modifications. The Chief of the Bureau of Fire Prevention shall have power to modify any of the provisions of the Fire Prevention Code upon application in writing by the owner of lessee, or his duly authorized 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 granteior or allowed and the decision of the Chief of the Bureau of Fire Pre- vention thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. Section 7. Appeals. Whenever the Chief of the Fire 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 Fire Department to the City Council within 30 days from the date of the decision of the appeal. Section 8. New Materials, Processes or Occupancies which may Require Permits. The Mayor, the Chief of the Fire Department and the Chief of the Bureau of Fire Prevention shall act as a committee to determine and specify, after giving affected persons an opportunity to be Page 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 9. Penalties. a. Any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith, or who shall vio- late 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 per- mit issued thereunder, and from which no appeal has been takes, or who shall fail to comply with such an order as affirmed or modi- fied 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 $500.00 or by more imprisonment for not isss than 180 days or by both such fine and imprisonment. 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 ten days that prohibited conditions are maintained shall con- stitute a separate offense. b. The application of the above penalty shall not be held to prevent the dnforced removal of prohibited conditions. Section 10. Repeal of Conflicting Ordinances. All former ordinances or parts thereof conflicting or incon- sistent with the provisions of this ordinance or of the code hereby adopted are hereby repealed. Section 11. Validity. The City Council hereby declares that should any section, Page 4. 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 City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. Section 12. The City Clerk shall certify to the adoption of the ordinance and shall cause the same to be published in the Beaumont Gazette, a newspaper of general circulation, printed, published and circulated in the City of Beaumont, and this ordinanc shall be in full force and effect thirty days after its adoption. PASSED AND ADOPTED this 6th day of January,1960 ayor o t o City o ont, Ca l ornia ATTEST: City Clerk of the City of Beaumont, California I, BERNICE CONINE, City Clerk of the City of Beaumont, Califor nia, hereby certify that the foregoing ordinance was introduced and read at a regular meeting of the City Council of said City duly held on the 30th day ofSeptember, 1959 , and that the an adjourned same was duly passed and adopted at / regulav meeting held on the 6th day of January,1960 by the following vote: AYES: Councilman Figgins, Allen, Moore and Campbell. NOES: Councilman None. ABSENT: Councilman Nunez. Page 5. City Clerk