Loading...
ORD NO 15-1999 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. /5 -1999 AN ORDINANCE ADOPTING THE 1997 NATIONAL FIRE PROTECTION ASSOCIATION 101 LIFE SAFETY CODE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: There is hereby adopted by the City that certain code known as the NFPA Life Safety Code, 1997 Edition, and the whole thereof, save and except such portions as are hereinafter 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/Treasurer 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 corporate limits of Van Buren, Arkansas. SECTION 2: The Code hereby adopted shall be enforced by the Chief of the Van Buren Fire Department. SECTION 3: 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 of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modifications when granted or allowed and the decisions of the Fire Chief thereon shall be entered upon the records of the Fire Department and a signed copy shall be furnished the applicant. SECTION 4: Whenever the Fire Chief 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 Fire Chief to the Van Buren City Council within thirty (30) days from the date of the decision appealed. SECTION 5: (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 Van Buren 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, be guilty of a misdemeanor, punishable by a fine of not less than Twenty -five ($25.00) Dollars nor more than Five Hundred ($500.00) Dollars. The imposition of one (1) 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 (10) days that prohibited conditions are maintained shall constitute a separate offense. (b) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. SECTION 6: All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance are hereby repealed. SECTION 7: The City Council 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 City Council that it would have passed all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid. SECTION 8: It is urgent that the City of Van Buren have up -to -date and viable codes to protect the lives and property of the citizens of Van Buren, thereby an emergency is declared to exist and this Ordinance being necessary for the immediate protection of the public peace, health and safety shall take effect immediately on its passage and approval. PASSED AND APPROVED THIS 7 D AY OF JULY, 1999. MAYOR �1� r ATTESTED: CITY CLERIC/TREASURER 0