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HomeMy WebLinkAbout1986-10-01 ORDINANCE NO. 86-10-1 AN ORDINANCE ADOPTING THE ARKANSAS FIRE PREVENTION CODE; PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE AND RELATED CAUSES; REPEALING CHAPTER 11.24 OF THE BATESVILLE MUNICIPAL CODE; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS, AS FOLLOWS: Section l: There is hereby adopted by the City Council of the City of Bates- ville, Arkansas, for the purpose of prescribing regulations governing condit- ions hazardous to life and property from fire or explosion or other related cause that certain code known as the Arkansas Fire Prevention Code, of which code not less than three (3) copies have been and are now on file in the office of the Clerk of the City of Batesville, Arkansas, and the same are hereby adopted and incorporated as though fully set out herein word for word, and from the date of which this Ordinance shall take effect, the provisions contained therein shall be controlling within the limits of the City of Batesville, Ark- ansas. Section 2: The code hereby adopted shall be enforced by the Chief of the Fire Department. Section 3: The Chief of the Fire Department shall have the power to modify any of the provisions of the code hereby adopted upon application in writing by the owner or lessees, 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 shall be observed, public safety secured, and sub- stantial 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 Department and a signed copy shall be furnished the applicant. Section 4: Whenever the Chief of the Fire Department shall disapprove an app- lication 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 the City Coun- cil within thirty (30) days from the date of the decision appealed. Section 5: Chapter 11.24 of the Batesville Municipal Code adopting the Fire Prevention Code as recommended by the American Insurance Association, is here- by repealed. Section 6: That the parts of this Ordinance are severable and should a Court of competent jurisdiction determine that any part or parts of this Ordinance are unconstitutional or otherwise unlawful then that part or parts deemed un- constitutional or unlawful shall be severed from this Ordinance as never a part ® hereof and the remaining parts of this Ordinance shall remain in full force and effect. ADOPTED this 14th day of October, 1986. APPROVED: Q_ 4 dzf'� m Shirrell , Mayor ATTEST: Larry Wil liams, City Clerk