0236 • .
ORDINANCE NO. -:34
AN ORDINANCE ADOPTING A FIRE PREVENTION CODE PRESCRIBING REGULA-
TIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM
FIRE OR EXPLOSION• DECLARING AN EMERGENCY AND FOR OTHER. PURPOSES,
NOW, THEREFORE, BE 11 ORDAINED BY THE CITY COUNCIL OF THE CITY
OF JACKSONVILLE, ARKANSAS, THAT:
SECTION 1. ADOPTION OF FIRE PREVENTION CODE. There is hereby
adopted by the City Council of the City of Jacksonville, Arkansas
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, abbreviated edition, recom-
mended by the American Insurance Association, being particularly
the 1970 edition thereof and the whole thereof, of which code not
less than three (3) copies have been and now are filed in the of-
fice of the City Clerk and the same are hereby adopted and incorpora-
ted as fully as if set out at length herein, and from the date of
which this ordinance shall take effect, the provisions thereof shall
be controlling within the limits of the City of Jacksonville,
Arkansas.
SECTION 2. ENFORCEMENT. The code hereby adopted shall be
enforced by the Chief of the Fire Department of the City of Jack-
sonville, Arkansas.
SECTION 3. DEFINITION. Wherever the word "municipality" is
used in the code hereby adopted, it shall be held to mean the
City of Jacksonville, Arkansas.
SECTION 4. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH
STORAGE OF EXPLOSIVES AND BLASTING AGENTS, STORAGE OF FLAMMABLE
LIQUIDS IN OUTSIDE ABOVE GROUND TANKS, AND BULK STORAGE OF LIQUE-
FIED PETROLEUM GASES IS TO BE RESTRICTED. The limits referred to
in Section 53b of the code hereby adopted, in which storage of
explosives and blasting agents is prohibited, the limits referred
to in Section 74a of the code hereby adopted in which storage of
Class 1 liquids in outside above ground tanks is prohibited, and
the limits referred to in Section 114 of the code hereby adopted,
in which bulk storage of liquefied petroleum gas is restricted are
hereby established as set forth in the map attached hereto, marked
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"Map Exhibit No. 1 ", are made a part hereof as though specifically
described herein by metes and bounds.
SECTION 5. ESTABLISHMENT OF MOTOR VEHICLES ROUTES FOR VEHICLES
TRANSPORTING EXPLOSIVES AND BLASTING AGENTS. The routes referred
to in Section 55i of the Fire Prevention Code for vehicles trans-
porting explosives and blasting agents are hereby established as
set forth in the map attached hereto, marked "Map Exhibit No. 2 ",
and made a part hereof as though specifically described by metes
and bounds.
SECTION 6. ESTABLISHMENT OF MOTOR VEHICLE ROUTES FOR VEHICLES
TRANSPORTING HAZARDOUS CHEMICALS OR OTHER DANGEROUS ARTICLES. The
routes referred to in Section 109.1b of the Fire Prevention Code
for vehicles transporting hazardous chemicals and other dangerous
articles are hereby established as set forth in the map attached
hereto, marked "Map Exhibit No. 2 ", and made a part hereof as though
specifically described by metes and bounds.
SECTION 7. ESTABLISHMENT OF FIRE LANES ON PRIVATE PROPERTY,
DEVOTED TO PUBLIC USE. The fire lanes referred to in Section 169.2a
of the Fire Prevention Code are hereby established on all private
property, devoted to public use, where the parking of motor vehicles
or other obstructions may interfere with the ingress and egress of
Fire Department vehicles for the protection of persons and property.
The width of said fire lanes shall be a minimum of 15 feet.
SECTION 8. MODIFICATIONS. The Chief of the Fire Department
shall have power to modify any of the provisions of Fire Prevention
Code upon application in writing by the owner or lessee, or his
duly authorized agent, when there are practicall 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 se-
cured, and substantial justice done. The particulars of such modi-
fication when granted or allowed and the decision of the Chief of
the Fire Department thereon shall be entered upon the records of the
department and a signed copy shall be furnished the applicant.
SECTION 9. APPEALS. Whenever the Chief of the Fire Department
shall disapprove an application or refuse to grant a permit applied
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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 ap-
peal from the decision of the Chief of the Fire Department to the
City Council of the City of Jacksonville, Arkansas, within thirty
(30) days from the date of the decision appealed.
SECTION 10. PENALTIES. a. 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 who shall build in violation of any detailed
statement of specifications or plans submitted and approved there -
under, 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 res-
pectively, be guilty of a misdemeanor, punishable by a fine of not
less than Twenty -five andno /100 Dollars ($25.00) tor more than One
Hundred and no /100 Dollars ($100.00), or by imprisonment for not
less than 5 days nor more than 30 days or by both such fine and im-
prisonment. 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 enforced removal of pro-
hibited conditions.
SECTION 11. REPEAL OF CONFLICTING ORDINANCES. All former
ordinances or parts thereof conflicting or inconsistent with the
provisions of this ordinance or of the code hereby adopted are
hereby repealed.
SECTION 12. VALIDITY. The City Council hereby declares that
should any section, paragraph, sentence or word of this ordinance
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or of the code hereby adopted be declared for any reason to be
invalid, it is the intent, of said 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 13. This ordinance is hereby declared to be necessary
for the immediate preservation of the public peace, health, safety
and welfare of this community and its citizens; that an emergency
is hereby declared, and this ordinance shall be in full force and
effect from and after its passage.
APPROVED AND ADOPTED this day of
1971.
70R
ATTEST:
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