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O 205 ,,""" L.1- 1./, cH8PT~1!. ~ - " ORDINANCE NO. 205 - AN ORDINANCE ADOPTING THE FIRE PREVENTION CODE, PRINTED AND PUBLISHED BY THE NATIONAL BOARD O,F FIRE UNDERWRITERS BY REFERENCE, PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREOF AND DEFINING THEIR DUTIES AND POWERS. The City Council of the City of Arroyo Grande DOES ORDAIN AS FOLLOWS: SECTION 1. Adoption of Fire Prevention Code. The provisions of the Fire Prevention Code, printed and published by the National Board of Fire Underwriters, 1965 Edition, will hereby be adopted by reference as a whole, in- cluding the appendexes, and to be subject to the additions, de- letions and amendments hereinafter containedo SECTION 2. Establishment and Duties of Bureau of Fire Prevention. The Fire Prevention Code shall be enforced by the Bureau of Fire Prevention of the City of Arroyo Grande and by the Fire and Police Department of the City of Arroyo Grande. The Bureau of Fire Prevention shall consist of the Fire Chief of the City of Arroyo Grande, who is designated as the Chief thereof, The Building Official of the City of Arroyo Grande, and the Fire Commissioner of the City of Arroyo Grande. The Fire Chief and the Building Official may detail such members of their department as inspectors as shall from time to time be necessary. The Fire Prevention Bureau may from time to time employ technical inspectors, with the consent of the City Council. A report of the Bureau of Fire Prevention shall be made annually and transmitted to the City Council; it shall contain all proceedings under this code with such statistics as the Chief of the Bureau may wish to include therein. SECTION 3. Definitions. A. Wherever the word "Municipality" is used in the Fire Prevention Code, it shall be held to mean the City of Arroyo Grande. 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 Arroyo Grande. SECTION 4. Modifications. 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 or Lessee, or his duly author- ized 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 and the decision of the Chief of the Bureau of Fire Prevention thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. SECTION 5. Appeals. When ever the Bureau of Fire Prevention 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 Fire Prevention Bureau to the City Council within thirty (30) days from receipt of notice of the decision appealed from. ~,....~ . . - SECTION 6. New Materials , Processes or Occupancies Which May Require Permits. The Bureau of Fire Prevention shall act as a committee to determine and specify, after giving affected persons an oppor- tunity 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 distri- bute copies thereof to interested persons. SEC'IlION 7. Penal ties. 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 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 Councilor 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 Five Hundred ($500.00) Dollars or by imprisonment for not more 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 such persons shall be required to correct or remedy such violations or'defects within a reasonable time; and when not otherwise specified, each ten (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. SECTION 8. Amendments to the Fire Prevention Code. Said Fire Prevention Code is amended in the following respects: L Appendix "D" of said Fire Prevention Code is hereby deleted therefrom. SECTION 9. Severability. If any section, sub-section, sentence, clause or phrase of this ordinance is for any reason held invalid, such decision or decisions shall not affect the validity of the remaining portions of this ordinance, and if any provision of this ordinance or the application thereof to any person or circumstances is held to be invalid, the remainder of this ordinance, in the application of such provisions to other persons and circumstances, shall not be affected thereby,and the Council does hereby declare that it would have passed this ordinance and each section, sub-section, sentence, clause or phrase thereof irrespective of the fact that one or more of the same be declared invalid. SECTION 10. Publication and Effective Date. This Ordinance shall be published once in the Herald- Recorder, a newspaper of general circulation, printed and published in the City of Arroyo Grande, wi thin fifteen (15) days from and after its passage, and shall take effect and be enforced at the ex- piration of thirty (30) days from and after the passage. . . J - . , . On motion of Councilman Burt , seconded by Councilman McNeil and on the following roll call vote, to-wit: AYES: Councilwoman Thompson, Councilmen Burt, McNeil and Mayor Pro-Tern Wood NOES: None ABSENT: Mayor Jacobs the foregoing Ordinance was adopted this 13 th day of July 1965. ~~ Mayor Pro-Tern ATTEST: ~~J~~ City C rk I, POLLY S. MILLER, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify that the foregoing Ordinance No. 205 is a true, full and correct copy of said Ordinance passed and adopted by the City Council of the City of Arroyo Grande at a regular meeting of said Council on the 13th day of July . 1965. WITNESS my hand and the seal of the City of Arroyo Grande affixed this 13th day of July , 1965. City C Arroy (seal) . --