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ORDlllANCE NO. JJl"f-
AN ORDINANOE ADOFTING THE.F;mEPREVENTION OODE, P~TED AND
PUBLISHED BY THE NATIONAL BOARD OF FIRE UNDERWRIDRS BY HE-
FER1j:)fC]i:. PRESCRIBING REGttt.A.TIONS GOVERNlllG- OONDITIOml
HAZARDOUS TO LIFE AND PROPERTY FROM FIRE Oit EXPLOSIeN AND
ESTABLISHING A luREAu OF FIRE PREVENTION AND PROVIDING
OFFICERS THEREOF AND DEFINING THEIR DUTIES AND POilERS.
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The Oity Oouncil of the Oity of Arroyo Grande DOES ORDAIN AS FOL-
LOWS:
SECTION 1. Adoption ~ ~ Prevention Code,.
The provisions of the Fire Prevention Oode,Printed and published
by the National Board of Fire Underwriters, 1956Edition~ will hereby
be adopted' by reference as a whole, inoluding tlie appen\il.oes, and to be ,~
subjeot to the additions, deletions and amendme~ts hereinafter oontained.
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SECnON 2. Establishment and. Duties of :BIlJ;eau of Fire Prevention.
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The' Fire Frevention Oode shall be en:foro~~ by the Bureau of Fire.
Prevention of the Oity of Arroyo Grande and bithe Fire and Folice
Departl'llent of the City of Arroyo Grande. The1mreau of Fire Prevention
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shall oensist of the Fire:,Ohief of the City o.'t A:1;royo .Grande, who is
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designated as the Chief thereof, the BuildingO:f'fioial of the City of
Arroyo Grande(;nd the Fire Commissioner of t~e City of Arroyo Grande.)
The Fire Chief and the Builaing Offioial ~'detail such members of their
department as inspectors as shall from tiBIa to time be neoe,aary. The
Fire Prevention Bureau may from time to t.1me employ teo:tm1ca1 inspecrtors,
With the ,00nsent of the City Counoil. A/report of the Bureau of Fire
Prev~ti<w' shall be made annually and transmitted to the City Council;
it shall oontain all proceedings under this code with such statistics as
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the Ohief of the 'Bureau may wish to inolude therein.
SECTION 3. Definitions.
A. Wherever the word hMunie~palityn is used in the Fire Prevention
Code, it shall be held to mean the City of Arroyo Grande.
B. Wherever the term "CotPor,;\iion COWJ,8el n is used in the Fire Pre..
vention Code it shall be held to mean the 6ity Attorney of the City of
Arroyo Grande.
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SECTION 4. Modifioations.
The Bureau of Fire Prevention shall have. power to modify any of the
provisions of the Fire Prevention Code upon applica~ion in writing by the
owner or Lessee, or his duly authorized agent, when there are praotioa1
, /diffioul ties in the way of oarrying out the strict letter of the code,
provided that the spirit of the oode shall be observed, publie safety ,
seoured, and substantial justioe done. The partioulars of suoh modifi- I
oation when granted or allowed and the deoision of the Chief of the Bureau
of Fire Prevention thereon shall be entered upon the reoords of the de-
partment and a signed copy shall be furnished the applioant.
SECI/!JrON 5. ,Appeals. ,
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Whenever th~ Bureau of Fire Prevention shall disapprove on applica~ .
tion or refuse t~ grant a permit applied for, or when it i8 claimed that
the provisions oi the Code do not apply or that the true intent and mean~
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ing of the code Pave been ',.Jh:ksoanatrued or wrongly interpreted, the app1i-
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I cant may appea.i: 'from the deoision of the Fire Prevention Bureau to the
City Counoil within thirty (30) days from reoeipt of notioe of the deoi-
sion appealed from.
SECTION 6. New Materials, Prooesses or Qcoupanoies whioh may
Require Permits.
The Bureau of Fire Prevention shall act as a committee to determine
and specify, after giving affeoted persons an opportunity to be heard,
any new materials, prooesses or oooupanoies, which shall require permits,
in addition to those now enumerated in said oode. The Chief of the Bureau
of Fire Prevention shall post suoh list in a oonspiouous p1aoe in his
offioe, and distribute oopies thereof to interested persons.
SECTION 7. 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 speoifioations or plans submitted and approv-
ed thereunder, or any oertifioate or permit issued thereunder, and from
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which no appeal has been taken, or who shall ~ail to comply with such .~
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an order as a~~irmed or modi~ied by the Oity Councilor by a court of com- .~
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petent jurisdiction, within the time fixed herein, shall severally for ;~,
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each and every such violation and noncomplianoe respectively, be guilty .j
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 all
such persons shall be requirad to oorreot or remedy suoh violations or
defects within a reasonable time; and when not otherwise speoified, 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.
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Said Fire Prevention Code is amended in the following respects:
1. Appendix "D" of said Fire Prevention Code is hereby deleted
therefrom.
2. Section 1.10 is amended by the Addition of a new paragraph letter-
ed "F" reading as follows: "All such permits i~ granted, shall be granted
by the Bureau of Fire Prevention."
3. The following sections of said code are hereby deleted there~rom;
Sections 8.03, 8.04, 8.05, 8.06, 8.07, 8.09, 8.10, 8.11, 8.12, 8.13, 8.14,
8.15, 8.16, 8,18, Seotion 11.11, Paragraph D and Seotion 15.102, Para-
graph K.
4. Section 15.103-A, "2", is amended by the addition thereto of the
following words, "if more than twenty (20) gallon., ahe.therestofed ."
SECTION 9. Severability.
If any seotion, sub_seotion, sentenoe, olause or phrase of this or-
dinanoe is for any reason held invalid, suoh decision or decisions shall
not affect the validity of the remaining portions of this ordinance, and if
any provision of this ordinanoe or the application thereof to any person
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or circumstances is held to be invalid, the remaindero~ this ordinance,
in the application o~ such provisions to other persons and circumstances, I
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shall not be a~~ected thereby, and the Oouncil does hereby declare that it
would have passed this ordinance and each section, sub~section, sentence, I
clause or phrase thereo~ irrespective o~ the ~act that one or more o~ the
same be declared invalid. !
SECTION 10. Publication and Ef~ective Date.
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This Ordinance shall be published once in the Herald-Recorder, a
newspaper o~ general circulation, printed and published in the City o~
Arroyo Grande, within ~i~teen (15) days ~rom and after its passage, and
shall take e~~ect and be enforced at the expiration o~ thirty (30)
days ~rom and a~ter the passage.
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On motion o~ Councilman Je:>- , seconded by Council~
man ~~ and on the ~ollowing roll call vote, to~wit:
AYES: ~4fht-t-~~/~J~~~
NOES: ~ , ,
ABSENT: ~,
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tbe '",egoing Ordinance ,., adopted thi, ~day of ~ ,
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Mayor
ATTEST:
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