184ORDINANCE NO.
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 Mayor and Town Council of the Town
of Atlantic Beach, Florida:
Section 1. Adoption of Fire Prevention Code.
There is hereby adopted for the purpose of prescribing
regulations o-overning conditions hazardous to life and property
from fire or explosion, that certain code known as the Fire
Prevention Code, Abbreviated Addition, recommended by the National
Board of Fire Underwriters, being particularly the 1954 edition
thereof and the whole thereof, of which code not less than three
3) copies have been and now are filed in the office of the
Clerk of the Town of Atlantic Beach, 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
said Town.
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 Atlantic Beach.
Section 4. Establishment of Limits of Districts in
which Storage of Flammable Liquids in
Outside Aboveground Tanks and Bulk Storage
of Liquefied Petroleum Gases is to be Restricted
The limits referred to in Section 804a of the code hereby
adopted in which storage of flammable liquids in outside above-
ground tanks is prohibited, and the limits referred to in section
1104 of the code hereby adopted, in which bulk storage of lique-
fied petroleum gas is restricted, are hereby establ-t hed asfollows-
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All areas of the Town of Atlantic Beach except those now or
hereafter zoned as Business "B" or Industrial Zone in the
Zoning Ordinance now or hereafter in effect in the Town of
Atlantic Beach, Florida.
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 writinL; 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 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 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 co4e have been misconstrued or wrongly interpreted,
the applicant may appeal from the decision of the Chief of the
Fire Department to the Town Council within 30 days from the date
of the decision of the appeal.
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
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shall build in violation of any detailed statement of specifi-
cations or plans submittedand 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 Town Council or by a
court of comp6tent ,jurisdiction, within the time fixed herein,
shall severally for each and every such violation and non-
compliance respectively, be guilty of a misdemeanor, punishable
by a fine of not less than 25.00 nor more than 0500-00
or by imprisonment for not less than 10 days nor more than
90 days or by both such fine and imprisonment. The imposi-
tion 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 a 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 Town 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 Town Councal 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.
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Section 10. Date of Effect.
This ordinance shall take effect and be in force from and
after its approval as required by law.
Passed by the Town Council on first reading March 13
1956.
Passed by the Town Council on second reading March
1, 1956.
Passed by the Town Council on third and final reading,
and certified to the Mayor, April eA 1956.
Attest:
Town Clerk
Approve is Apr i 0, 1956
CAI
j Mayor