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Home My WebLink About1955-10-18; City Council; 2020; Fire prevention code & Bureau of Fire Prevention1 ORDINANCE NO, 2020 2 3 4 5 AXD DUTIES, 6 7 AN ORDINANCE .DOPTIMG A FIRE PREVZHTION CODE PRESCRIBING REGULATIONS GOVERKDTG CONDITIONS HAZARDOUS TO LIFE .AND PBOPZR!I'Y FROM FIRF, OR EXPLOSIOM, .AND ESTABLISHING A BUFEAU OF PLRE PmVEIITLON ARTD PROVIDING OFFICERS Tl33.33FOR AND DEFIPJBTG THEIR POtJERS The City Council of the City of CarJ-sbad does hereby in as follows: 9 SECTION 1, ADOPTION OF FIm PREVENTION CODE, 20 There is hereby adopted by the City of 11 3.2 purpose of prescribing regulations governing c to 1Zfe and property from fire or explosion, that certain code 13 known as the Fire Prevention Code recommended by the National 14 Board of Fire Underwriters, being particularly the 1953 edition 15 thereof and the whole thereof, of which code not less than three (3) 16 copies have been and now are fi 1'7 the City of Carlsbad and the sa 18 as fully as if set out at length herein, arid from the date on which 19 this ordinance shall take effect , the provisions thereof shalJ. 20 be controlling within the limits of the Cit office of the Clerk of are hereby adopted and incorporated 21 SZCTION 2a 22 PREVENTION+ 23 The Flre Prevent de shall be enforced by the 24 Bureau of Fire Pre 25 Carlsbad which is 26 under the supervis 27 b, The Fire EEfarsiia 28 Prevention shall be appointed by th 29 shall continue du 30 31 members re department as inspectors as shall from time '' to time be necessary, ief of the Fire Department may detail such The Chief of the Flre Department I rl) e 1 2 6 7 8 9 10 3.2 13 14 15 16 ar recommend to the City Council the employment of technical inspectors, who, when such authorization is made, shall be selected through an exanination to determine their fitness for the position, non-members of the fire department, and appointments made after The examination shall be open to mernbers and examination shall be for an indefinite term with removal only fo~ causee Wherever the word ttMunicipalityqa is used in the Fire Prevention Code, it shaS-1 be held to mean the City of Carlsbad, Wherever the words "Chief of the Bureau of Fire PTeventiontr are used 1x1 the Fire prevention Code, they shall be held to mean the Fire Narshal. SECTION 4, ESTABLISBlEXT OF LITCLTS OF DISTRICTS I3 lifi-iICB STO€LAGE OF ??LAP.F" LIQUIDS IN OUTSIDE ABO~CIIOUNZ, T.L?$KS IS TO BE PBOHIBITED a, The limits referred to in section 15,203. of the Fire 18 l9 2o 21 Prevention Code in which storage of flamable Liquids in outside aboveground tanks is prohibited, are hereby established as followst of Carlsbad according to rmp thereof Bo, 1743 as filed in the All. areas except the Industrial Tract within the City b, The limits referred to in section 1,50403 of the Fire Prevention Code, in whlch new bulk plants for flammable liquids 23 24 25 are prohibited, are hereby established as follows: All areas 26 except the Industrial Tract tfith 27 to map thereof No, 174-3 as filed in the office of the County 3 gas is restricted, are hereby established as follows: All 2 3 4 5 SECTION 6, MODZFICATIONS, 6 7 power to modify any of the provisions of t 8 Code upon application in writing by the owner or lessee, or his 9 duLy authorized agent, when there are practical difficulties in 10 the way of carrying out the strict letter of' the 11 that the spirit of the code shall be observed, public safety 12 secured, and. substantial justice done culars of such 13 modification when 14 15 l6 the applicanta areas except the Industrial Tract within the City 0% CarlLsbad according to map thereof No. 174.3 as filed in the office of the County Recorder of 8an Diego County, The Chief of' the Bureau of Fire Prevention shall have Fire Prevention *de, of' the Bureau of Fire Prevention thereon the reeords of the department and a signed 17 SECTION 7% APPEALS. 18 19 2o for, or when i 21 not apply or that the true intent and meaning of the code have 22 been misconstrued or wrongly interpreted, the applicant may 23 appeal fpom the decision of the Chief of the PSre Department 24 to the City c 25 of the appeal 26 27 W3ICH NAY l33QUIRE PEWTS, 28 29 30 determine and specify, after givtng affected persons an opportunity 31 32 Idhenever the ChSef of the Fire Department an application or refuse to grant a license or p is claimed that the provisions of the code do SECTIOH 8, IQ3LJ MATEFiZALS, PXCESSES OR 0CCtJP.A.HCIES The Mayor, the Ch2e.f of the Fire Department and the Chief of the Bureau of Fire Prevention shall act as a comfttee to li any new materials, processes or occupancies, which shall require pernits, in addition to those now enumerated in -3- 3. said code. The Chief of the Bureau of Fire Prevention shall 2 post such list in a conspicuous place in his office, and 3 distribute copies thereof to interested persons, 4 SECTION 9 e PENALTIES I 5 6 of the code hereby adopted or fail to comply therewith, or who 7 shall violate or fail to comply with any order made thereunder, or 8 who shall build in vZolation of any detailed statement of speclfica- 9 tions or plans submitted and approved thereunder, or any certificate a, Any person who shall violate any of the provisions 10 or perait issued thereunder, and from which no appeal has been 11 taken, or vho shall fail to coraply with such an order as affirmed or modified by the City Council or by a cowt of competent l3 jurisdiction, within the time fixed herein, shall severally for a-4 each and every such violation and noncompJiance respectively, be guilty of a misdemeanor, punishable by a fine of not less l6 than $100 nor more than $500 or by imprisonment fo 5 days nor nore than 100 days or The imposition of one penalty for any v l9 the violation or permit it to continue; 2o shall be required to correct or remddy such violatio 21 within a reasonable time; and-when not ten days that prohibited conditions are maintained shall constitute 22 a separate offense, 23 24 25 held to prevent the enforced removal of' prohibited conditions. 26 27 28 29 30 I 31 32 b, The application of the above penalty shall not be SECTIOR 10% All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or of the code hereby adopted are hereby repealedo REPEAL 03' CONE'LICTING ORDINANCES, SECTION 3-1, VALIDITY The City Council hereby declares that should any section, paragraph, sentence, or word of this ordinance or of the code -4- 0 1 hereby a 2 is the in t of the City Council that 3 all other tfons of' this ordinance 4 elimination herefrom of any such p 5 invalid, 6 SECTIOX 12, DATE OF EFFECT, This Ordinance shall take effect and be in force y &ays from and after its approval as required by la 9 SECTIOPJ 1.3, PUBLICA~IOI\s 'L 10 The City Clerk of the City of Ca sbad is hereby ected to cause this ordinance to be published once in the 12 Carlsb Joupnal, a newspaper published and of general circu3.a- 13 14 tion in said City of Carlsbad, First read at a regular meeting of the Cfty C 15 of said City held on the 4th day of October t 195fi9 and 16 finally adopted and ordered published at a regular meeting of 17 said Co I1 held on the 18th day of Qetober 1955, by 18 the following vote: 19 Amst Councilmen Sutton, Robinson, Castorenat Mayor #de, 20 NOES: 21 ABSENT: Cowoflmrzn Helton 22 23 24 25 Carlsbad, California.