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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- 4 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 2. 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. 3• r 7 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