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Ordinance - 315ORDINANCE NO.315 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A FIRE PREVENTION CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES. THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES ORDAIN AS FOLLOWS; SECTION 1. ADOPTION OF FIRE PREVENTION CODE. There is • hereby adopted by the City of West Covina 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 recommended by the National Board of Fire Underwriters, being parti- cularly the 1953 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 City of West Covina 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 City of West Covina. SECTION 2. ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE PREVENTION. (a) The Fire Prevention Code shall be enforced by the } • Bureau of Fire Prevention in the Firer Department of the City of West Covina,which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department. (b) The Chief in charge of the Bureau of -Fire Prevention shall be appointed,by the City Council on the basis of examination to determine his qualifications.. His appointment shall continue during good behavior and satisfactory service, and he shall not be removed from office except for cause. -1- (c) The Chief of the Fire Department may detail such members of the fire department as inspectors as shall from time to time be necessary. The Chief of the Fire Department shall recommend to the City Council the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examin- ation shall be open to members and non-members of the fire department, • and appointments made after examination shall be for an indefinite term with removal only for cause. SECTION 3. DEFINITIONS. Wherever the word "Municipality" is used in the Fire Prevention Code, it shall be held to mean the City of West Covina. SECTION . ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF FLA14MABLE LIQUIDS IN OUTSIDE ABOVEGROUND TANKS IS TO BE' PROHIBITED. (a) The limits referred to in section 15.201 of the Fire Prevention Code in which storage of flammable liquids in outside aboveground tanks is prohibited, are hereby established as follows: any area of the City except that specifically designated under the provisions of the Zoning Ordinance of the City of West Covina as Zone M-1. • (b) The limits referred to in section 15,401 of the Fire Prevention Code, in which new bulk plants for flammable liquids are prohibited, are hereby established as follows: any area of the City except that specifically designated under the provisions of the Zoning Ordinance of the City of West Covina as Zone M-1. SECTION 5. ESTABLISHMENT OF LIMITS IN WHICH BULK STORAGE OF LIQUEFIED PETROLEUM GASES IS TO BE RESTRICTED. The limits referred -2 - to in section 20.06a of the Fire Prevention Code, in which bulk storage of liquefied petroleum gas is restricted, are hereby established as.follows: the entire area of the City of West Covina. SECTION 6. MODIFICATIONS. The Chief of the Bureau of Fire Prevention shall have power to modify any of the provisions of the Fire Prevention Code 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 modification when granted or allowed and the decision of the Chief of the Bureau of Fire Prevention thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. SECTION 7. 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 pro- visions 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 City Council within thirty (30) days from the date of the decision of the appeal. SECTION 8. NEW MATERIALS, PROCESSES OR OCCUPANCIES, WHICH MAY REQUIRE PERMITS. The City Administrator, the Chief of the Fire Department and the Chief of the Bureau of Fire Prevention shall act as --a committee to determine and specify, after giving affected persons -3- an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in said code. The Chief of the Bureau of Fire Prevention shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. SECTION 9. PENALTIES.(akny person who shall violate any of the provisions of the ",.ode 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 there- under, 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.City Council or by a court of competent jurisdiction, within the time fixed herein, shall severally fo each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine of not more than $500.00 or by imprisonment for not more than six monthsor by both such fine and 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 other- wise specified, each ten days that prohibited conditions are main- tained 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 10. REPEAL OF CONFLICTING ORDINANCES. All former ordinances or parts thereof conflicting or inconsistent with -4_ n L.I • the provisions of this ordinance or of the code hereby adopted are hereby repealed. SECTION 11. AMENDMENTS MADE IN THE FIRE PREVENTION CODE. The Fire Prevention Code -is amended and changed in the following respects: Sections 12.01 to 12.06 inclusive, are deleted. SECTION 12. VALIDITY. 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 herefrom of any such portion as may be declared invalid.. SECTION 1., DATE OF"'EFFECT.;,This ::Ordinance shall take effect and be in force from and after . the date , of its approval as required by law. SECTION 14. ENACTING CLAUSE. The City Clerk shall certify to the adoption of this.Or.dinance, and prior to the expiration of fifteen (15) days from the passage thereof, shall cause the same to be posted with the names of the members voting for and against the same in three places within the City, in the manner required by the laws and ordi- nances in the City of West Covina, and thirty (30) days from and after the passage thereof said Or ATTEST*. . -4;6 City Clerk sRA-1l take ef_,fe�kt and be ip force. r of the City of West Covina I HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of West Covina, held on the 24th day of May, 1954, by the affirmative vote of at least three Councilmen, to wit: -5- r L J • AYES: Councilmen TAMES W. KAY BERT C. VAN HORN J. CAL SPERLINE JAY D. BROWN JOE HURST, MAYOR NOES /V 0 IV t ABSENT: Al d Ne City Clerk of the City of West Covina STATE OF CALIFORNIA ) COUNTY, OF LOS ANGELES ) ss. CITY OF WEST COVINA ) ROBERT FLOTTEN, being by me first duly sworn, deposes and says: That he is the City Clerk of the City of West Covina,California; a citizen of the United States, and over the age of 21 years; that on the s�day of May, 1954, he posted three copies of Ordinance No. 315 of the City of West Covina, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,CALIFORNIA,ADOPTING A FIRE PREVENTION CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES", in three public places in said City, to wit: One at the Police Office, 1444 West Garvey Boulevard, one in front of the West Covina School House, and one at the northwest corner of Puente Street and Lark Ellen Boulevard. Subscribed and sworn to before me CAvh e this - day of klnW, 1954. Notmy Public in and f r the County of Los Angeles, -State of California ify 00i iMli Eli -9tPh s Angust 12.1956 City Clerk i —6—