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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 ORD. BOOK/ PAGE $ Page Two "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 ORD. BOOK # PAGE f • Page Three 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 ORD. BOOK _PAGE # 4 Page Four 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: C OED. EOO:C _ _PAGE 4