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ORDINANCE NO. 86-10-1 <br /> AN ORDINANCE ADOPTING THE ARKANSAS FIRE PREVENTION CODE; PRESCRIBING <br /> REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM <br /> FIRE AND RELATED CAUSES; REPEALING CHAPTER 11.24 OF THE BATESVILLE <br /> MUNICIPAL CODE; AND FOR OTHER PURPOSES. <br /> BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS, AS <br /> FOLLOWS: <br /> Section l: There is hereby adopted by the City Council of the City of Bates- <br /> ville, Arkansas, for the purpose of prescribing regulations governing condit- <br /> ions hazardous to life and property from fire or explosion or other related <br /> cause that certain code known as the Arkansas Fire Prevention Code, of which <br /> code not less than three (3) copies have been and are now on file in the office <br /> of the Clerk of the City of Batesville, Arkansas, and the same are hereby <br /> adopted and incorporated as though fully set out herein word for word, and from <br /> the date of which this Ordinance shall take effect, the provisions contained <br /> therein shall be controlling within the limits of the City of Batesville, Ark- <br /> ansas. <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 <br /> any of the provisions of the code hereby adopted upon application in writing <br /> by the 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 <br /> that the spirit of the code shall be observed, public safety secured, and sub- <br /> stantial justice done. The particulars of such modification when granted or <br /> allowed and the decision of the Chief of the Fire Department thereon shall be <br /> entered upon the records of the Department and a signed copy shall be furnished <br /> the applicant. <br /> Section 4: Whenever the Chief of the Fire Department shall disapprove an app- <br /> lication or refuse to grant a permit applied for, or when it is claimed that <br /> the provisions of the code do not apply or that the true intent and meaning of <br /> the code have been misconstrued or wrongly interpreted, the applicant may <br /> appeal from the decision of the Chief of the Fire Department to the City Coun- <br /> cil within 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 here- <br /> by repealed. <br /> Section 6: That the parts of this Ordinance are severable and should a Court <br /> of competent jurisdiction determine that any part or parts of this Ordinance <br /> are unconstitutional or otherwise unlawful then that part or parts deemed un- <br /> constitutional 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 14th day of October, 1986. <br /> APPROVED: <br /> Q_ 4 dzf'� <br /> m Shirrell , Mayor <br /> ATTEST: <br /> Larry Wil liams, City Clerk <br />