HomeMy WebLinkAbout028 - 09/25/1958 - ADOPTING BY REFERENCE THE ''FIRE PREVENTION CODE'' ORDINANCE NO 28 , 1958
AN ORDINANCE ADOPTING BY REFERENCE THE "FIRE
PREVENTION CODE" RECOMMENDED BY THE NATIONAL BOARD
OF FIRE UNDERWRITERS, PRESCRIBING REGULATIONS
GOVERNING CONDITIONS HAZARDOUS TO LIFE AND
PROPERTY FROM FIRE OR EXPLOSION, ESTABLISHING A
BUREAU OF FIRE PRLVENTION AND PROVIDING OFFICERS
THEREFORE AND DEFINING THEIR POWERS AND DUTIES,
AND PRESCRIBING PENALTIES FOR VIOY,ATION OF THE
PROVISIONS OF SAID CODE AND REPEALING CONFLICTING
ORDINANCES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
Section IA Adoption of Fire Prevention Code
Pursuant to the authority conferred by Section 7, Article II
of the Charter of the City of Fort Collins and by Article 34, Colorado
Revised Statutes, 1953, there is hereby adopted as the Fire Prevention
Code for the City of Fort Collins, Colorado, the "Fire Prevention Code"
recommended by the National Board of Fire Underwriters, being particu-
larly the 1956 edition thereof, and the whole thereof, save and except
such portions as are hereinafter modified or amended (by Section 6A of
this Ordinance), of which code not less than three copies have been
and now are filed in the office of the City Clerk of the City of Fort
Collins and 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 Fort Collins
Section 2A Establishment and Duties of Bureau of Fire Prevention
a The Fire Prevention Code should be enforced by the
Bureau of Fire Prevention in the Fire Department of the City of Fort
Collins 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 Manager on the basis of examination to
determine his qualifications
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c The Chief of the Fire Department) under the direction
of the City Manager, shall appoint an Assistant Chief and such other
officers and employees of such rank and grade as the City Manager shall
deem necessary
d A report of the Bureau of Fire Prevention shall be
made annually and transmitted to the City Manager 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 3A Definitions
a Wherever the word "Municipality" is used in the
Fire Prevention Code, it shall be held to mean the City of Fort Collins,
Colorado
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 Fort Collins
Section 4A Establishment of Limits of Districts in which
Storage of Flammable Liquids in Outside Aboveground 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
aboveground tanks is prohibited are hereby established as follows
All residential and commercial districts
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b The limits referred to in Section 15 401 of the
Fire Prevention Code in which new bulk plants for flammable liquids are
prohibited are hereby established as follows All residential and
commercial districts
Section 5A Establishment of Limits in which Bulk Storage
of Liquified Petroleum Gases is to be Restricted
The limits referred to in Section 19 06a of the Fire
Prevention Code, in which bulk storage of liquified petroleum gas is
restricted are hereby established as follows All areas within the
city limits of the City of Fort Collins
Section 6A Amendments Made in the Fire Prevention Code
The Fire Prevention Code is amended and changed in the
following respects
a Article 15 is amended and changed by adding thereto
Sections 15 914, 15 915, and 15 916 as follows
"Section 15 914 Storage of Transport Vehicles and
Tank Wagons It shall be unlawful to store or cause to be stored any
transport vehicle or any tank wagon in any part of the City of Fort
Collins except within a "F" industrial district as defined by the
zoning ordinance of the City of Fort Collins and the zoning map adopted
pursuant thereto "
"Section 15 915 Parking or Stopping of Transport
Vehicles or Tank Wagons It shall be unlawful to stop or cause to be
stopped any transport vehicle or tank wagon at any place within the
City of Fort Collins except in an industrial "F" district or for the
purpose of making a delivery unless such stop should be necessary
for the emergency repairs to said transport vehicle or tank wagon or
in obedience to traffic regulations tt
"Section 15 916 Tank Capacity of Tank Vehicle No tank
vehicle shall make delivery of flammable liquids if such vehicle shall
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have a total tank capacity in excess of 3500 gallons except as follows
In industrial districts, or in business or
residential districts on Federal designated highways, tank full
trailors or semi-trailors may deliver gasoline to bulk plants or
service stations, provided the service stations are equipped with at
least 102000-gallon storage tanks, and provided further, such tank
vehicle is equipped with automatic shut-off or over-flow device
which has been approved by the National Board of Fire Underwriters,
and provided further, that in making delivery the tank vehicle must
be completely off the street and sidewalk area "
b Article 26 thereof is amended by adding thereto
Section 26 13 as follows
"Section 26 13 All fires which may be lighted for
the burning of material outside of the fire limits shall be
extinguished or caused to be extinguished by the person lighting the
same before 5 00 o'clock P M on the same day on which said fire was
lighted "
c Article 28 is amended and changed by adding thereto
Section 28 05 as follows
"Section 28 05 Smoking in bed in hotels , motels,
rooming houses, or any building of multiple occupancy where a life
hazard exists is unlawful Smoking may be permitted in nursing,
convalescent, or old age homes only where proper facilities are
provided Smoking shall not be permitted in sleeping quarters or
dormitories except at such time as supervision is provided
Section 7A 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 or 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
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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 8A 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 City Council within 30 days from the date of
the decision of the appeal
Section 9A New Materials, Processes or Occupancies which
may Require Permits
The City Manager, 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 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 10A 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 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
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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 $300 or by imprisonment for a period of not
more than 90 days 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 consti-
tute a separate offense
b The application of the above penalty shall not be
held to prevent the enforced removal of prohibited conditions
Section 11A Repeal of Conflicting Ordinances
Ordinance No 32 of 1889, Ordinance No 7 of 1920,
Ordinance No 32 of 1923, Ordinance No 46 of 1925) Ordinance No 15
of 1927, Ordinance No 38 of 1928, Ordinance No 2 of 1933, Ordinance
No 8 of 1933, Ordinance No 10 of 1934, Ordinance No 6 of 1935,
Ordinance No 6 of 19L1, Ordinance No 11 of 1939, Ordinance No 7
of 19472 Ordinance No 19 of 1953, Ordinance No 18 of 19552 and all
other ordinances or parts thereof conflicting or inconsistent with
the provisions of this ordinance and the code hereby adopted are hereby
repealed
Section 12A Validity
The Council of the City of Fort Collins hereby declares that
should any section, 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 13A Date of Effect
1
This ordinance shall take effect and Ve in force from and
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after its final approval as required by law
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J
Section 14A
Copies of the Fire Prevention Code shall be available in the
office of the City Clerk for distribution and sale to the public at a
price not to exceed the actual cost thereof to the city
Introduced, considered favorably on first reading and
ordered published this 28th day of August, A D 1958, and to be
presented for final passage on the 9th day of October, A D 1958
ATTEST
Mayor
City Clerk
Passed and adopted on final readirg to amended-athie 23rd day of
October, A.D ,1958.
ATTEST
Mayor
City Clerk
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