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a 4 P�V� <br /> ORDINANCE NO. 99-8-3 k>D I 0�W3-17 <br /> • AN ORDINANCE ADOPTING THE ARKANSAS FIRE PREVENTION <br /> CODE 1999 EDITION; PRESCRIBING REGULATIONS GOVERNING <br /> CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE <br /> AND RELATED CAUSES; REPEALING CHAPTER 11.24 OF THE <br /> BATESVILLE MUNICIPAL CODE; AND FOR OTHER PURPOSES. <br /> BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, <br /> ARKANSAS, AS FOLLOWS: <br /> Section 1: There is hereby adopted by the City Council of the City of Batesville, <br /> Arkansas, for the purpose of prescribing regulations governing conditions <br /> hazardous to life and property from fire or explosion or other related causes that <br /> certain code known as the Arkansas Fire Prevention Code 1999 Edition, of which <br /> code one (1) copy is now on file in the office of the City Clerk of the City of <br /> Batesville, Arkansas, and one (1) copy is now on file in the office of the Fire Chief <br /> of the City of Batesville, Arkansas, and the same are hereby adopted and <br /> incorporated as though fully set out herein word for word, and from the date of <br /> which this Ordinance shall take effect, the provisions contained therein shall be <br /> controlling within the limits of the City of Batesville, Arkansas. <br /> Section 2: The code hereby adopted shall be enforced by the Chief of the Fire <br /> Department. <br /> • Section 3: The chief of the Fire Department shall have the power to modify any <br /> of the provisions of the code hereby adopted upon application in writing by the <br /> owner or lessees, or his duly authorized agent, when there are practical <br /> difficulties in the way of carrying out the strict letter of the code, provided that the <br /> spirit of the code shall be observed, public safety secured, and substantial justice <br /> done. The particulars of such modification when granted or allowed and the <br /> decision of the chief of the Fire Department thereon shall be entered upon the <br /> records of the Department and a signed copy shall be furnished the applicant. <br /> i <br /> Section 4: Whenever the Chief of the Fire Department shall disapprove an <br /> application or refuse to grant a permit applied for, or when it is claimed that the <br /> provisions of the code do not apply or that the true intent and meaning of the <br /> code have been misconstrued or wrongly interpreted, the applicant may appeal <br /> from the decision of the chief of the fire Department to the City Council within <br /> thirty (30) days from the date of the decision appealed. <br /> Section 5: Chapter 11.24 of the Batesville Municipal Code adopting the Fire <br /> Prevention Code as recommended by the American Insurance Association, is <br /> hereby repealed. <br /> Section 6: That the parts of this Ordinance are severable and should a Court of <br /> competent jurisdiction determine that any part or parts of this Ordinance are <br /> unconstitutional or otherwise unlawful then that part or parts deemed <br /> unconstitutional or unlawful shall be severed from this Ordinance as never a part <br /> hereof and the remaining parts of this Ordinance shall remain in full force and <br /> effect. <br /> ADOPTED this / day of August, 1999. <br /> APPROVED: <br /> /�)- o <br /> Joe M. Biard, Mayor <br /> ATTEST: <br /> &f'yu 'Y� <br /> Denise M. Johnston, ity Clerk <br />