HomeMy WebLinkAboutD-37 Fire Prevention Code Conditions Hazardous to Life and Property from Fire or ExplosionSECTION 2. Enforcement.
SECTION 3. Definition.
SECTION 5. Modifications.
SECTION 6. Appeals.
ORDINANCE NO. p 3 7
AN ORDINANCE ADOPTING A FIRE PREVENTION
CODE PRESCRIBING REGULATIONS GOVERNING
CONDITIONS HAZARDOUS TO LIFE AND PROPERTY
FROM FIRE OR EXPLOSION.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF CARMEL,
INDIANA:
SECTION 1. Adoption of Fire Prevention Code.
There is hereby adopted by the Town of Carmel for the
purpose of prescribing regulations governing conditions
hazardous to life and property from fire or explosion, that
certain code known as the Fire Prevention Code, Abbreviated
Edition, recommended by the National Board. of Fire Underwriters,
being particularly the 1960 edition thereof and the whole
thereof, save and except such portions as are hereinafter
deleted, modified or amended by section 5 of this ordinance),
of which code not less than three (3) copies have been
and are now filed in the office of the Clerk Treasurer of
the Town of Carmel and the same hereby adopted and incorporated
as fully as if set out at length herein, and from the date on
which this ordinance shall take effect, the provisions thereof
shall be controlling within the limits of the Town of Carmel.
The code hereby adopted shall be enforced by the Chief
of the Fire Department.
Wherever the word "Municipality" is used in the code
hereby adopted, it; shall be held to mean the Town of Carmel.
SECTION 4. Establishment of Limits of Districts in which Storage
of Flammable Liquids in Outside Aboveground Tanks, Bulk Storage
of Liquefied Petroleum Gases and Storage of Explosives and
Blasting Agents is to be Restricted.
The limits referred to in section 73 of the code
hereby adopted in which storage of flammable liquids in
outside aboveground tanks is prohibited, the limits referred
to in section 103 of the code hereby adopted, in which bulk
storage of liquefied petroleum gas is restricted, and the
limits referred to in section 53b of the code hereby adopted,
in which storage of explosives and blasting agents is pro-
hibited, are hereby established as follows:
All areas of the Town of Carmel which are residential
and which are heavily commercial. Unless the area is zoned
industrial on the Carmel -Clay Master Plan Zoning Map, no such
storage shall be permissible without express permission of the
Chief of the Fire Department, in writing.
The Chief of the Fire Department shall have power to
modify any of the provisions 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 carrying out the strict letter code, provided that the
spirit of the code shall be observed, public safty secured,
and substantial justice done. The particulars of such
modifications 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.
Whenever the Chief of the Fire Department 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 miscc L,:°- a _wrongly interpreted, the applicant may app°'
from the decision of the Chief of the Fire Department to
the Board of Trustees of the Town of Carmel within 30 days
from the date of the decision appealed.
SECTION 7. 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 Board of Trustees
of the Town of Carmel or by a court of: jurisdiction,
within the fixed time herein, sh; severally for each and every
such violation and noncompliance respectively, be guiles of a
misdemeanor, punishable by a fine of not less that c�
nor more that /6.a eo or by imprisonment for not less
than Z days nor more than /6 days or by both
such fine 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 time; and
when not otherwise specified, each ten days that prohibited
conditions are maintained shall constitute separate offense.
b. The application of the above penalty shall not be
held to prevent the enforced removal of prohibited conditions.
SECTION 8. 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.
SECTION 9. Validity.
The Board of Trustees of the Town of Carmel hereby
declares that 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 of
the Board of Trustees of the Town of Carmel that it would
have passed all other portions of this ordinance independent
of the elimination herefrom of any such portion' as may be
declared invalid.
SECTION 10. Date of Effect.
This ordinance shall take effect and be if force from
and after it's adoption.
Adopted by 1 the Board of Trustees of the Town of Carmel
this Gir day of 1969.
Attest:
Clerk Treasurer
President of the Board of
Trustees