HomeMy WebLinkAboutD-2120-13 Delete 6-32/Carmel Fire Prevention CodeSPONSOR(S) Councilor(s) Carter, Finkam,
Rider, Schleif and Snyder
ORDINANCE D- 2120 -13
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA, AMENDING CHAPTER 6, ARTICLE 3 BY REPEALING THE SECTION
IDENTIFIED AS § 6 -32 IN THE CARMEL CITY CODE
THIS ORDINANCE IS OFFERED AS A TECHNICAL CORRECTIONS BILL
WHEREAS, the current Carmel Common Council inherited an established set of
ordinances that have been enacted, compiled, occasionally revised or repealed, and often
recodified; and
WHEREAS, the court in the exercise of its assigned duties has had the occasion to
consider and ultimately to review the legislative origins of Cannel City Code § 6 -32 referenced
as Carmel Fire Prevention Code; and
WHEREAS, this particular ordinance, as best can be determined, was first enacted in
1962 and subsequently amended in 1969. The ordinance is antiquated, legally insufficient and
constitutionally unsound on multiple grounds. It should have been repealed decades upon
decades ago and stricken from the Carmel City Code; and
WHEREAS, the ordinance as it currently appears in the Carmel City Code also fails to
reflect the actual content of the ordinances that were enacted by prior councils; and
WHEREAS, The Office of the Clerk Treasurer has supplied the court copies of the
original ordinances for review. The ordinances are attached as Exhibit A and Exhibit B to this
Technical Corrections Bill merely to lend a historical perspective; and
WHEREAS, the City of Carmel has adopted and is properly governed by the modern
Fire Prevention Code as adopted by the State of Indiana and incorporated into Chapter 7,
Article 1, § 7 -8.
NOW, THEREFORE, IT IS AGREED AND ORDAINED by the Common Council of
the City of Carmel, Indiana, as follows:
Section 1: The foregoing Recitals are incorporated herein by this reference.
Section 2: Chapter 6, Article 3 is amended by repealing the existing section identified as
§ 6 -32 thereto, which reads as follows:
Section 3: This Ordinance shall be in full force and effect from and after its passage and
signing by the Mayor.
ADOPTED by the Common Council of the City of Carmel, Indiana this oZ day of
, 2013, by a vote of La ayes and b nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
O 1 CP42_GS6 AJ 1
Richard L. Sharp, President Pro Tempore
R nald E. Carter
ATTEST:
%!
Diana L. Cordray, IAMC, Clerk- Tresurer
Kevin D. Rider
Carol Schleif
W. Eric Sei nsticker
Presented by me to the Mayor of the City of Carmel, Indiana this ovi of
of
2013, at 1: cas P P.M.
Diana L. Cordray, IAMC, C -rk- Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this Qy day of
2013, at-1:0S- P .M.
ATTEST:
Diana . Cordray, IAMC, Cle - Treasurer
Jan es Brainard, Mayor
This ordinance was prepared by Brian G. Poindexter, Carmel City Court Judge
D -35 4
G61 �� �- e- -0 _ 3 7
AN ORDINAlx'E ADOPTING A FIRE PREVENTION
CODE AND PRESCRIBING REGULATIONS
GOVERNING CONDITIONS HAZARDOUS TO LIFE
AND PROPJRTY FROM FIRE OR EXPLOSION
Be It Ordained by the Board of Trustees of the Town of Carmel, Indiana:
Section 1.
There is hereby adopted by the Town of Carmel, Indiana, for the purpose of
prescribing regulations governing conditions hazardous to life or property from
fire or explosion, that a 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, copies of
which code are now on file in the office of the Clerk- Treasurer of the Torn of
Carmel, Indiana, and the same are 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, Hamilton County, Indiana, Excepting therefrom the following
provisions of said Fire revention Code, Abbreviated Edition, to -wit: Article 4,
Section 42, (a), (b) and (c), the same being omitted and deleted.
Section 2.
The code hereby adopted shall be enforced by the Chief of the Fire Department.
Section 3.
Whenever the word "Municipality" is used in the code hereby adopted, it shall
be held to mean the Town of Carmel, Indiana,
Section 4,
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 blast-
ing agents is prohibited, are hereby established as follows: Within the limits
of the Town of Carmel, Indiana.
Section 5.
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 of the code, provided that the spirit
Page 2.
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 Fire repartment thereon shall be entered upon the
records of the department and a signed copy shall be furnished the applicant.
Section 6.
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 misconstrued or wrongly interpreted, the applicant may appeal from the
decision of the Chief of the Fire Department to the Board of Trustees within
30 days from the date of the decision appealed.
Section 7.
The Board of Trustees, any designated enforcement official, or any Person
jointly or severally aggrieved, may institute a suit for an injunction or a
mandatory injunction. Any 3uilding, erected, raised, or converted, or land or
premises used in violation of any provision of this Ordinance or the requirements
thereof, is hereby declared to be a common nuisance and as such may be abated in
such manner as nuisances are now or may hereafter be abated under existing law.
Section 8.
All former ordinances or parts thereof conflicting or inconsistent with the
provisions of thi-' ordinance or of the code hereby adopted are hereby repealed.
Section 9.
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 Town of Carmel that it
would have passed all other portions of this ordinance independent of the -elmiu
ation herefrca of any such portion as may be declared invalid.
Section 10.
This ordinance shall take effect and be in force from and after its!;a,proval
as required by law.
Attest!
Clerk- Treasurer
Board of Trustees
Dated this 7th day of June, 1962.
ORDINANCE NO. p
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.
SECTION 2. Enforcement.
The code hereby adopted shall be enforced by the Chief
of the Fire Department.
SECTION 3, Definition.
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.
SECTION 5. Modifications.
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.
SECTION 6. Appeals.
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 misconstrued or wrongly interpreted, the applicant may apt
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:,competent jurisdiction,
within the fixed time herein, shi .411 severally for each and every
such violation and noncompliance respectively, be guiles of a
misdemeanor, punishable by a fine of not less that $ _b-c n
nor more that $ /6-00 or by imprisonment for not less
than ,Z days nor more than 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 by1,/the Board of Trustees of the Town of Carmel
this "1 day of /,;;;`i -/ , 1969.
Attest:
/•
Clerk- Treasurer
President of the Board of
Trustees