HomeMy WebLinkAboutAmending Chapter 15 Fire PreventionORDINANCE No. 4955 -67
Passed by the Common Council of the City of South Bend,
Presented by me to the Mayor of the City of South Bend,
Approved and signed by
Clerk
of Common Council
Clerk
IDEAL r PRESS
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ORDINANCE NO. 4955 -67
AN ORDINANCE AMENDING CHAPTER 15
OF THE MUNICIPAL CODE OF SOUTH
BEND, INDIANA, 1962
FILED IN CLERK'S OFFICE
SEP 2 71967
KATHRYN L. BLOUGH
CITY CLERK, SOUTH sEND, IND.
SECTION I: BE IT ORDAINED BY THE COMMON COUNCIL OF SOUTH BEND,
INDIANA•
All of Chapter 15 of the Municipal
Indiana, except the number and title
Chapter 15A is hereby deleted and the
in place thereof.
SECTION 15 -1 DEFINITIONS
Code of South Bend,
thereof and except
following is inserted
8 BASIC FIRE PREVENTION CODE - The words "basic fire prevention
9 code" shall mean the fire prevention code of the City of South
10 Bend, Indiana.
11 MUNICIPALITY - The word "municipality" shall mean the Civil
12 City of South Bend, Indiana.
13 SECTION 15 -2
14 The 1966 edition of the BOCA Basic "Fire Prevention Code" as
Is promulgated by the Building Officials Conference of America, Inc.,
16 four copies of which are on file with the City Clerk and thereby
17 made available for public scrutiny, is hereby adopted as the
18 official fire prevention code of the City except for such changes,
19 additions, or deletions as specified in this chapter.
20 SECTION 15 -3
21 The provisions of the BOCA Basic Fire'Prevention Code adopted
22 by the preceding section are hereby modified, added to, or deleted
23 so that the following articles, sections or subsections shall read
24 as follows:
25
(1)
Article 14
shall be
<ieLeted entirely.
26
(2)
Subsection
F- 2910.1
is hereby deleted.
27 (3) Subsection F- 2910.11. Permit required. - - No person
28 shall kindle or maintain any bonfire or rubbish fire or
29 authorize any such fire to be kindled or maintained on
30 or in any public street, alley, road, or other public
31 ground without a permit or other proper authorization.
32 (4) Subsection F- 2910.12. Location Restricted - - No
33 person shall kindle or maintain any bonfire or
34 rubbish fire or authorize any such fire to be
35 kindled or maintained on any private land unless:
36 1. The fire is contained in an approved waste
37 burner located safely not less than fifteen (15)
38 feet from any structure.
39 (5) Subsection F- 2910.13 is hereby deleted.
40 (6) Subsection F- 142.1. There is hereby created a
41 Board known as the BOARD OF FIRE APPEALS.
42 (7) Subsection F- 142.2. Fire Board of Appeals - -
43 Composition; appointment and Term of Members.
44 The Fire Board of Appeals shall consist of one
45 member of the Bureau of Fire Prevention and
46 four other members, all to be appointed by the
47 Mayor for a term of one year.
48 (8) Subsection F- 142.3. Same - - Meetings; Adoption of
49 Rules of Procedure; records; Ouorum. The Fire Board
5o of Appeals shall meet at the call of the Chairman,
51 shall adopt its own rules of procedure, and keep a
52 record of its proceedings and its actions. The
53 presence of three members shall be necessary to
54 constitute a quorum.
55 (9) Subsection F- 142.4. Same Modification of Provisions
56 of Chapter; Compliance with Decisions. The Fire Board
57 of Appeals may modify any of the provisions of this
58 chapter where there are practical difficulties in the
59 way of carrying out the strict letter of this chapter;
60 provided that the spirit of this chapter shall be
61 observed; public safety secured and substantial justice
62 done. The decision of the Fire Board of appeals shall
63 be complied with within the time fixed in such order
64 by the Board.
65 (10) Subsection F- 142.5. Same - - Appeals.
66 Whenever the Chief of the Fire Department shall have
67 reviewed an order of the director or inspector of the
68 Bureau of Fire Prevention and filed his decision thereon,
69 and such decision requires alterations or additions to
70 existing premises or buildings, an appeal from such
71 decision of the Chief of the Fire Department may be
72 taken to the Fire Board of Appeals.
73 The Fire Board of Appeals shall only hear appeals
74 from the ruling of the Chief of the Fire Department
75 which require alterations or additions to existing
76 . premises or buildings. Such appeals shall be made
77 within ten days from the date on which the Chief of
78 the Fire Department has filed his decision on the
79 order before him. The appellant shall file with the
86 Bureau of Fire Prevention and with the Fire Board of
81 Appeals a written notice of appeal, specifying the
82 grounds thereof. The Bureau of Fire Prevention shall
83 upon receiving notice of such appeal, transfer to the
84 Board all documents constituting the record upon which
85 the action appealed was taken.
86 (11) Subsection F- 142.6. Appeals to Circuit Court.
87 Any owner or occupant of any premises who feels
88 himself aggrieved by any order or affirmed order
89 of the Chief of the Fire Department or the Fire
90 Board of Appeals may within ten days after the
91 making or affirming of any such order file his
92 petition with the Circuit Court of the County,
93 praying a review of such order, and it shall be
94 the duty of such court to hear the same on the
95 first convenient day and to make such order in
96 the premises as right and justice may require.
97 SECTION II:
98 This Ordinance shall be in full force and effect from
99 and after its passage, approval by the Mayor, and legal
100 publication. V.
W& Zed READING 10 -9 -67
\ \�
COMFd(TTEE OF THE MAIOL.E
10 -23 -67
PUBLIC HEARING
10 -23 -67
3rd READING
10 -23 -67
Member of the
Common Council of
NOT A PROVED
the City of South Bend, Indiana
REFERRED
PASSED
10 -23 -67