HomeMy WebLinkAboutOrdinance - 104 - Adopting Fire Prevention Codes - 08/08/1967 T
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VILLAGE OF EDEN PRAIRIE ? .
HENNEPIN COUNTY, MINNESOTA
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ORDINANCE NO. 104
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AN ORDINANCE ADOPTING A FIRE PREVENTION CODE PRESCRIBING REGULATIONS GOVERN-
ING 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.
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Be it ordained by the Village of Eden Prairie. j
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Section 1. Adoption of Fire Prevention Code. fR
There is hereby adopted by the Village of Eden Prairie for the a
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purpose of prescribing regulations governing conditions hazardous to life
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and property from fire or explosion, that certain oode known as the Fire
Prevention Code recommended by the American Insurance Association, being
particularly the 1965 edition thereof 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 Clerk of the Village of Eden Prairie 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 Village of Eden Prairie.
Section 2. Establishment and Duties of Bureau of Fire Prevention.
a. The code hereby adopted shall be enforced by the Chief of the
Fire Department.
Section 3. Definitions.
a. Wherever the word "Municipality" is used in the Fire Preven-
tion Code, it shall be held to mean the Village of Eden Prairie.
b. Wherever the term "Corporation Counsel" is used in the Fire
Prevention Code, it shall be held to mean the Attorney for the Village of
Eden Prairie.
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Section 4. Establishment of Limits of Districts in which Storage of
Explosives and Blasting Agents is to be Prohibited. j
The limits referred to in section 12.5b of the Fire Prevention
Code, in which storage of explosives and blasting agents is prohibited, are
hereby established as follows: The entire village.
Section 5, Establishment of Limits of Districts in which Storage of Flam-
mable Liquids in Outside Aboveground Tanks is to be Prohibited.
a. The limits referred to in section 16.22a of the Fire Prevention e
Code in which storage of flammable liquids in outside above-ground tanks is
prohibited, are hereby established as follows: All districts except manu-
facturing and industrial districts M 1 and M-2.
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b. The limits referred to in section 16.51 of the Fire Prevention
Code in which new bulk plants for flammable or combustible liquids are pro-
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hibIted, are hereby established as follows: All districts except manufac-
turfing and industrial districts M-1 and M-2.
Section 6. Establishment of Limits in which Bulk Storage of Liquefied
Petroleum Gases is to be Restricted.
The limits referred to in section 21.6a of the Fire Prevention
Code, in which bulk storage of liquefied petroleum gas is restricted, are
hereby established as follows: All districts except manufacturing and Indus-
trial districts M-1 and M-2.
Section 7. 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 of 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
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department and a signed copy shall be furnished the applicant.
Section 8. Appeals
Whenever the Chief of the Fire Department 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 apply-
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cant may appeal from the decision of the Chief/the Fire Department to the
Village Council of the Village of Eden Prairie, within 30 days from the date
of the decision appealed.
Section 9. New Materials, Processes or Occupancies which may Require Permits.
The Building Inspector, 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 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 10. 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 shall build in violation of
any detailed statement or 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 Village Council of the Village of Eden Prairie
or by a court of competent jurisdiction, within the time fixed herein, shall
severally for each and every such violation and noncompliance respectively,
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be guilty of a misdemeanor. The imposition of one penalty for any violation
shall not excuse the violation or permit it to continue; and all such persons
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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. k
b. The application of the above penalty shall not be held to prevent
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the enforced removal of prohibited conditions.
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Section 11 . 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 12. Validity.
The Village Council of the Village of Eden Prairie hereby declares
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that should any section, paragraph, sentence, or word of this ordinance or
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of the code hereby adopted be declared for any reason to be invalid, it is
the intent of the Village Council of the Village of Eden Prairie 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 1.3. Date of Effect.
This ord i nance sha I I take of f ect and be in force f rom and of ter its
approval as required by law.
FIRST READ at a regular meeting of the Council of the Village of
Eden Prairie this 8th day of August , 1967, and finally read, adopted and
ordered published at a regular meeting of the Council of said Village on
this d a y of (� �,,� �`; 1967.
David ster of , Mayor o
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ATTE the Village of Eden Prairie
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AFFIDAVIT OF PUBLICATION
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The Hennepin County Review
12 Suburban Square Hopkins, Minnesota
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State of Minnesota
County of Hennepin f SS' �
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W. JOHN BERTRAM. being duly sworn, on oath says he is an3 during all the times herein stated
has been the general manager and printer of the newspaper known as the Hennepin County
Review and has full knowledge of the facts herein stated as follows: (1) Said newspaper is ?
printed in the English language in newspaper format and in column and sheet form
equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and }
Is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted
to news of local interest to the community which it purports to serve and does not wholly 1,
duplicate any other publication and is not made up entirely of patents, plate matter and
advertisements. (4) Said newspaper is circulated in and near the municipality which it purports
to serve, has at least WO copies regularly delivered to paying subscribers. has an average of
at least 75% of its total circulation currently paid or no more than three months in arrears
and has entry as second-class matter in its local post-office. (5) Said newspaper purports to
,serve the City of Hopkins and Villages of Minnetonka and Eden Prairie in the County of s. ?
Hennepin and it has its known office of issue in the City of Hopkins in said county, established ....
and open during its regular business hours for the gathering of news, sale of advertisements
and sale of subscriptions and maintained by the publisher of said newspaper
p per and subject to
his direction and control during all such regular business hours and at which said newspaper is sty'
printed. (6) Said newspaper files a copy of each issue immediately with the State Historical
Society. t?) sa:d newspaper has complied wiith all the foregoing conditions for at least tw.. tgp
years preceding the day or dates of publication mentioned below. (8) Said newspaper has
filed with the Secretary of State of Minnesota prior to January 1, 1968 and each January 1 d9
thereafter an affidavit in the form prescribed by the Secretary of State and signed by the
publisher of said newspaper and sworn to before a notary public stating that the newspaper r � �
is a legal newspaper. n*. +t
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He further states on oath that the printed p=Z���i ......�0. 7... ....
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed
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and published therein in the English language. once each week, for �'. . successive weeks:
that it was first so published on ThIl" the 31- day of AU9 1967
and was thereafter printed and published on every to and including
the day of is and that the following is a printed copy
of the lower rase alphabet from A to Z. both inclusive, and is hereby acknowledged as being f
the size and kind of type used in the composition and publication of said notice, to wit:
abedefghi klmnopgrstnvwxyz
ryry'' a
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Subscribed and sworn to before me this day of .... .................... 19 67 �' ': ° ! •Itilr. a:t
�,.far' a •�„r , �t T�.
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(Notarial Seal) I'
Alice J. Ne aon, Notary bit Henn p ounty. Minn.
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My Commission Expires December 26, 1973 II
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