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AN ORDINANCE ADOPTING A FIRE PREVENTION CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFORE AND DEFINING THEIR POWERS AND DUTIES.
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Be it Ordained by the City Council of the City of Jonesboro, Arkansas:
SECTION 1. Adoption of Fire Prevention Code.
There is hereby adopted by the City of Jonesboro, Arkansas, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, that certain code known as the Fire Prevention Code recommended by the National Board of Fire Underwriters, being particularly the 1953 edition thereof and the whole thereof, save and except such potions as are hereafter deleted, modified or amended, of which code not less than three (3) copies have been and now are filed in the office of the City Clerk of Jonesboro, Arkansas, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date of which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Jonesboro.
SECTION 2. Establishment and Duties of Bureau of Fire Prevention.
a. The Fire Prevention Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the City of Jonesboro which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department.
b. The Chief in charge of the Bureau of Fire Prevention shall be appointed by the Mayor, subject to confirmation of the City Council, on the basis of examination to determine his qualifications. His appointment shall continue during good behavior and satisfactory service.
c. The Chief of the Fire Department may detail such members of the Fire Department as inspectors as shall from time to time be necessary. The Chief of the Fire Department shall recommend to the City Council the employment of technical inspectors, who, when such authorization is made by the Council, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and non-members of the Fire Department.
SECTION 3. Definitions.
Wherever the word “Municipality” is used in the Fire Prevention Code, it shall be held to mean the City of Jonesboro, Arkansas.
SECTION 4. Establishment of limits of districts in which storage of flammable liquids in outside aboveground tanks is to be prohibited.
a. The limits referred to in Section 15.201 of the Fire Prevention Code in which storage of flammable liquids in outside aboveground tanks is prohibited, are hereby established as follows: beginning at the intersection of the center lines of South Main Street and Warner Avenue, thence West along the center line of Warner Avenue to the intersection of Warner and Union Street, thence north along the center line of Jefferson Avenue to a point 400 feet west of center line Madison Street, thence north until it intersects with the center line of Huntington Avenue at a point 400 feet west of the center line of Madison Street, thence north along the center line of Sharp Street to a point 100 feet north of intersection of center lines of Sharp Street and Krewson Avenue, thence west to the center line of McClure Street at a point 100 north of the intersection of the center lines of McClure Street and Krewson Avenue, thence north along center line McClure Street to a point 150 feet north of West Johnson Avenue, thence east parallel with Johnson Avenue until it intersects with Block street, thence south along center line of Block Street to the south rail of the main line of the St. Louis Southwestern Rail Company, thence west along the south rail of the main line of said railway to the intersection of the railway line with East Street, thence south along the center line of East Street and East Street extended to appoint 300 feet east of the center line of the intersection of South Church Street and Jackson Avenue, thence east along the center line of Jackson Avenue to the intersection of Jackson Avenue and Carson Street, thence south along the center line of Carson Street to the intersection of Carson Street and Matthews Avenue, thence west along center line of East Matthews Avenue to the intersection of Matthews and Cobb Street, thence south along center line of Cobb to appoint 200 feet south of East Matthews Avenue, thence west to the center line of South Church Street at a point 200 feet south of the intersection of South Church and Matthews Avenue, thence south along center line of South Church to the intersection of South Church and Buffalo Avenue thence west to the point of beginning
SECTION 5. Establishment of limits in which bulk storage of liquefied petroleum gases is to be restricted.
The limits referred to in Section 2.06a of the Fire Prevention Code in which bulk storage of liquefied petroleum gas is restricted, are hereby established and defined to include all that territory presently included within the corporate limits of the City of Jonesboro, Arkansas.
SECTION 6. Modifications.
The Chief of the Bureau of Fire Prevention shall have power to modify any of the provisions of the Fire Prevention Code upon application in writing by the owner or lessee, 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 substantial justice done. The particulars of such modification when granted or allowed and the decision of the Chief of the Bureau of Fire Prevention thereon shall be entered upon the records of the department and a signed copy shall be furnished to the applicant and the City Council.
SECTION 7. Appeals.
Whenever the Chief of the Fire Department shall disapprove an application or refuse to grant a license or 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 Council of Jonesboro within 20 days.
SECTION 8. Penalties.
a. Any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Fire Chief, City Council or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, the guilty of a misdemeanor, punishable by a fine of not less than $50.00 nor more than $1,000.00 or by imprisonment for not less than one day nor more than one year 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 such violations or defects within a reasonable amount of time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense.
b. The application of the above penalty shall not be held to present the enforced removal of prohibited conditions.
SECTION 9. Repeal of conflicting ordinances.
All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or of the code hereby adopted are hereby repealed; provided, however, that nothing herein shall be construed to repeal Ordinance 828.
SECTION 10. Validity.
Should any section, paragraph, sentence or word of this ordinance or of the code hereby adopted be declared for any reason to be invalid, it is the intent that all other portions of this ordinance would be independent of the eliminated portion and remain in full force and effect.
SECTION 11. Date of effect.
This ordinance shall take effect 60 days after its passage and adoption; and thereafter shall be in and remain in full force and effect.
Passed and adopted this 21st day of February, 1955.