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ORD NO 31-2008 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. 3 1 -2008 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO ADOPT THE MOST CURRENT ARKANSAS FIRE PREVENTION CODE; TO AMEND VAN BUREN'S FIRE PREVENTION CODE, ORDINANCE NO. 02- 2003; AND FOR OTFIER PURPOSES. WHEREAS the City of Van Buren has previously adopted, and currently enforces the 2002 International Fire Code, pursuant to Ordinance No. 02 -2003 (Van Buren Municipal Code Chapter 11.20); and WHEREAS, the Arkansas Fire Prevention Code, 2007 Edition, Volumes I, II, and III, based on the 2006 International Fire Code has been developed; and WHEREAS, the City Council of the City of Van Buren has determined that it is appropriate, and in the best interest of the citizens of Van Buren for the city to adopt this code in order to facilitate proper inspection and enforcement activities within the City relating to: A. The regulation and governing of the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City; B. The regulation of the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures; within the City; C. The proper inspection activities relating to the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use, or maintenance of one- and two family dwellings and townhouses, and other buildings, structures, and premises; providing for the issuance of permits and collections of fees therefore; D. The regulation, in order to promote the public safety, health and general welfare, the structural strength, means ofegress, stability, sanitation, adequate light and ventilation, energy conservation, workmanship, and safety to life and property from fire and other hazards attributed to the built environment; and WHEREAS, Arkansas Code Annotated 14 -55 -207 allows for the adoption of technical codes, such as the Arkansas Fire Prevention Code, by reference; and WHEREAS, the City Council of the City of Van Buren adopts this ordinance under the authority of Arkansas Code Annotated 14 -55- 101, §14 -55 -102, 14 -55- 501, §14 -56 -201, and 14 -56 -202; and WHEREAS, the revised Fire Prevention Code hereto was reviewed by the Van Buren Planning Commission, and upon notice of a Public Hearing and publication, was set for a Public hearing, conducted by the Commission, in accordance with state law; and WHEREAS, the proposed amendments to the Van Buren Municipal Code herein were recommended by a majority vote of the entire Planning Commission. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: The 2007 Edition of the Arkansas Fire Prevention Code is, and has been prior to adoption, on file in the office of the city clerk. SECTION 2: Subject to the provisions of A.C.A. 14 -55 -207 and A.C.A. 14 -54 -1012, the 2007 Edition of the Arkansas Fire Prevention Code is hereby adopted by reference for the City of Van Buren as though set out herein word for word. SECTION 3: Section I of Ordinance No. 02 -2003 (Van Buren Municipal Code 11.12.02) is amended as follows: There is hereby adopted by reference the 2002 h tc«rzrtimracl 2007 Edition ofthe Arkansas Fire Prevention Code and appendices thereto. for the city of Van Buren, Arkansas, or the most recent edition thereof. Tl„LL The statutorily required copies of the this referenced regulatory code ai iwvo shall he maintained on file in the office of the Van Buren City Clerk, and the same are hereby adopted by reference and incorporated hereto as if set out word for word herein. SECTION 3: Severability: The various provisions and parts of this Ordinance are hereby declared to be severable, and, if any section or part of a section, or any provision or part of a provision herein, is declared to be unconstitutional, inappropriate, or invalid by any court of competent jurisdiction, such holding shall not invalidate or affect the remainder of this Ordinance and to that extent the provisions hereto are declared to be severable. SECTION 4: Code Application: Permits obtained prior to the effective date of this ordinance will be enforced under the previous adopted code until final disposition of the permit. SECTION 5: Repealer: All laws, ordinances, resolutions, or parts of same that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. SECTION 6: Effective Date: The effective date of this ordinance is January 1, 2009. IN WITNESS WHEREOF the City of Van Buren. Arkansas, by its City Council, did pass, approve, and adopt, by a vote of (0 for and 0 against, the foregoing Ordinance at its Meeting held on the l5' day of December 2008. 22^ Robert D. Freeman, ayor" ATTESTED: APPROVED AS TO FORM: AAA 1 11►1. Ba N DonQld Jenkins,Ur�City ttorney t cue