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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 f 32ifl—Qf f l no c P+ i v=caa$� aftern. 1.1:1.. i r:1-a 1 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 -2- 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 -3- 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 -4- 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 -5- 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 } after its final approval as required by law -6- 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 -7-