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HomeMy WebLinkAboutOrdinance 60- 828, Fire Prevention Code 33 _fa ,. .t!~8XI No. .___.4 !..J __. ~~~t\j'iI II ORDINANCE NO. 828 c,1J1 AN ORDINANCE ADOPTING A FIRE PREVENTION CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROl'ERTY FROM FIRE OR EXPLOSION AND REPEALING ORDINANCE NO. 663 AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH I BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: See tion 1. Adoption of Fire Prevention Code There is hereby adopted by the City Commission for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explo- sion, that certain code known as the Fire ~reventlon Code, Abbreviated Edition, recommended by the National Board of Fire Underwriters, being particularly the 1956 edition thereof and the whole thereof, of which code not less than three (3 ) copies have been and now are filed in the office of the Clerk of the City Commission, and the same are hereby adopted and incorporated as fully as if set out at length here- in, and from the date of which this ordinance shall take effec t, the provisions thereof shall be controlling within the limits of the City of Bozeman. Sec tion 2. Enforcement The code hereby adopted shall be enforced by the Chief of the Fire Department. See tion 3. Definition Wherever the word "municipality" is used in the code hereby adopted, it shall be held to mean the City of Bozeman. Section 4. Establishment of Limits of Districts in which Storage of Flammable Liquids in Outside Above Ground Tanks and Bulk Storage of Liquefied Petroleum Gases is to be Permitted. Sections 904a and 1104 of the code are hereby adopted, provided, however, that the storage of flammable liquids and liequefied petroleum gases within the city lim- I its of the City of Bozeman are prohibited except within the following area: Beginning at a point in the City Limits 1381 feet west of the west line of Rouse Avenue, thence southwest of the west line of Rouse Avenue, thence southeasterly along the southwesterly side of Front Street vacated and not vaca ted, to the westerly side of McAdow Avenue, thence southerly along the west line of McAdow Avenue to the north line of Main Street, thence westerly along the north line of Main Street to a point 150 feet from the east line of Wallace Avenue, thence northerly along a line parallel to and 150 feet from the east line of Wallace Avenue to the north line of Peach Streot, thence westerly along the north line of Peach Street to the eas t line of Church A venue to the north line of Juniper Stree t to the eas t line of house Avenue to the north line of Birch Street, thence westerly along the north l1.ne of Birch ~treet to the east line of Montana Avenue, thence northerly along the east line of Montana Avenue to the north ~ine of Oak Street, thence westerly along the north line of Oak Street 1027 feet, thence northerly to the poin t of beginning. Section 5. Modifications 1he ~hief of the Fire Department shall have power to modify any of the pro- visions of the code hereby adopted upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrytng 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 Fire Department thereon shall be entered upon the records of the de- I partment and a signed copy shall be furnIshed the applicant. Section 6. Appea Is Whenever the Chief of the Fire Vepartment 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 miscsnstrued or w:r,ongli) interpreted, the applicant may appeal from the decision of the hief of the Ii ire epar.tment to the Ci ty Commission wi thin thirty (30) da ys from the date of the deaision appealed. 34 See tion 7. Penal ties a. Any person who shall viola te any of the provisions of the code hereby adopted or fail to comply thwerewith, or who shall violate or fail to comply with any order may thereunder, or who shall bucld ih violation of any detailed state- men t of specifica tions or plans Sllbmi tted and approved thereunder, or any certi- fica te or pe rmi t is sued the reunde r, 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 Commission or by a court of competent ,jurisdiction, within the time fixed therein, shall severally for each and every such violation and noncompliance respeclveely, be gl.lilty of a misdemeanor, punishable by a fine of not less the ~5.00 nor more I than $25.00, or by imprisonment for not less than 1 day nor more than 3 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 required to correct or remedy s11ch violations or defects within a reason- able time; and when not otherwise specified, each ten days that prohibited con- ditions are maintained shall constitute a separate offense., b. 'l'he applica tion of the above penalty shall not be held to preven t the enforced removal of prohibited conditions. Section B. Repeal of Conflicting Ordinances. Ordinance No. 663 and all other ordinances or parts of ordinances in conflict herewith are hereby repealed. See tion 9. Validity The City CommiSSion hereby declares that should any section, paragraph, sent- ence 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 Commission that it would have passed all other portions of this ordinance independent of the elimination here- from of any such portion as may be declared invalid. Section 10, Date of Effect 'l'his ordinance shall be in full force and effect from and after thirty (30) days after its adoption. Finally adopted and approved at a regular session of the Commission of the City of Bozeman held on the 24th day of August A. D. 1960. S/ Arnold M. Swanson I Ma yor " ATTEST: .' t?/1~ {/{/~~ - Clerk of the City Commission _ _ _ _ _ _ ~ _ _ _ _ M _ _ _ _ Sta te of Montana } ) ss County of Gallatin) I, C. K. Wilson, C~erk of the Commission of The City of Bozeman, do hereby certify that the foregoing Ordinance No. 828 was ~lblished by tit~e and number in the Bozeman Daily Chronic.Le, a newspapor of general circulation printed and plblished in said City in the issue of the 9th day of September, 1960, and due proof of such publication is on file in my office. IN WITNESS Wm~PEOF I hereunto set my hand and affix the corporate seal of my office this loth ~ay of September, 1960. @./-.W~ I Clerk olfthe City Commission ------- - - - - - ---..