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1964-05ORDINANCE NO. 7.03 Bill No. 1964-5 AN ORDINANCE ADOPTING A FIRE PREVENTION CODE PRESCRIBING REGULATIOIGS GOVERNII~~ CONDITIONS HAZARDOUS TO LIFE ANTj PROPERTY FROM FIRE OR EXPLOSION, ANA ESTABLISH ING A BUREAU OF FIRE PREVENTION AIvD PROVIDING OFFICERS THEREFOR AND DE- FINING THEIR POWERS AND DUTIES The Village Council of the Village of Richfield, Minnesota, ordains :.° Section 1. Adoption of Fire Prevention Code. The follow ing are hereby adopted by reference as ordinances of"the Village of Richfield and sh all be in full force and effect in this village, except as hereinafter specified: The fire prevention code recommended by the National Board of Fire Underwriters, 1960 edition, as modified by the November, 1961 amendments and corrections to such code. The provisions of such code, as so amended, are hereby adopted and incorp6rated as an ordinance of this village as fully'as if set out at length herein, and from the effective date of this ordinance,. the provisions thereof shall be controlling within the limits of the Village of Richf field. Three copies of such fire prevention code, together with the November, 1961 amendments and corrections thereof, shall be filed by the village clerk in his office for inspection and use of the public and shall be marked by the clerk with the words, "Village of Richfield, Official Copy'°. Section 2. Establishment of Duties of Bureau of Fire Prevention. Subdivision l.. The fire prevention code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the Village of Richfield, under the supervision and direction of the chief of the fire department, and the village manager. The officer in charge of the Bureau of Fire Prevention shall be known as the fire marshal. Subd. 2. The fire marshall shall be designated by the village manager in accordance with the civil service laws applicable to the fire department of the Village of Richf field. Subd. 3. The chief of the fire department may detail such members of the fire department as inspectors, working under the fire marshall, as shall from time to time be deemed necessary. The chief of the fire department may'recom- mend to the villa ge managet the employment of technical inspectors, who, when such authorization is made, shall be selected to assist the fire marshal. 5ubd.. 4. A report of the Bureau of Fire Prevention shall be made annually and transmitted to the village manager; it shall contain all proceedings under this code, with such statistics as the chief of the fire department may wish to include therein; the chief of the fire department shall also recommend any amendments to the code which, in his judgment, ~h all be desirable. Section 3. Definitions. Subdivision 1. Whenever the word "municipality°" is used in the fire pre- vention code, it shall mean the Village of Richfield. 1 Ordinance No. 7.03 -2- 5ubd. 2. Whenever the term "corporation counsel" is used in the fire prevention code, it shall be held to mean the village attorney of the Village of Richf field. Section 4. Prohibition of Storage of Flammable Liquids in Outside Aboveground Tanks; Bulk storage of Liquefied Petroleum Gases; and Storage of Explosives and Blasting Agents. Subdivision 1. The Village of Richfield is developed primarily with resi- dential, multiple-residence, commercial, and"light industrial uses. The limits referred to in 5ectibns 16.22a, 16.51, 21.6a, and 12.6b include all of the Village 6f Richfield, and the storage of the substances referred to in such sections, in the manner referred to herein, is prohibited.. Section 5. Mod if ications . The chief of the fire department shall have the power to modify any of the provisions of the fire prevention code upon ap- plication 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, and public safety shall be .secured. 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 dis- approve 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 applicant may appeal from the decision of the chief of the fire department to the village council within thirty days from the date of the decision appealed. Section ?. New Materials, Processes or Occupancies which_may_Require Per- mits. The village manager, the chief of the fire department, and the fire mar- shal shall act as a committee to d@termine 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 fire marshal shall post such list in a conspicuous place in his office and distribute copies thereof to interested persons. Section 8. Penalties. Subd~.vision 1. 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 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 village council or by a court of competent jurisdiction, within the time fixed therein, shall severally for each and every such violation and noncompliance respectively be guilty of a misdemeanor, and shall be punished by a fine of not more than $100.00, or by imprisonment for not more than ninety days. Ordinance No. ?.03 -3- The imposition of one penalty for any violation does 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 maintained shall constitute a separate offense. Subd. 2. The application of the above penalty shall not be held to pre- vent the enforced removal of prohibited conditions. 1 Section 9. 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 10® sate of Effect. This ordinance shall take effect and be in ~~,~rce from and after its adoption and publication.. ' Passed by the Village Council of N1ay, 196~F. the Village of Richfield this 11th day of Stanley W. Olson, Mayor O, R_9__~ n Kre elen, Manager ,?TTEST: Edward ,~® Malin , Clerk--Treas. D LEGAL Bfll N AN TO L~1F S'IRIO.... Affidavit of Publication VEiNT'I(71~.`sl #' ,R~U~VI' Ob'I'~ICE1[i1S Ttif - IK IL -- -"~`-' AND ITE;F~ININ~' T H' NOWb.R; AND. I7UTi1~,S The V illags Ciouncil o Village of Richfield, iota, ordains: Section 1.Adoption oC Prevention Code. The f ing~ are hereby. adopted b~ erence as ordinances 01 Village of Richfield and be in full force and effe this villa~g excep as h after spec~fite`d: T~e fire vention code recomm,ende the National Board of Under+wxitens, 1960 editioyz;;;,:•'':':'''':%`:?'(t3:'•:~:~53 modified. by the Novemmbet'; amendments .and cox+rectio such code. The provision. such code, as so amended hereiby adopted -and inco~rC' ted as , an ordinance of `~~ village as fully as if set o length herein, and from effective date of this o ante, the provisions th~iaNee shall be controlling Wibhi limits of the Village. of ] field. Thx•ee 'copies of sucl prevention code, to geth,e r ,.,,;.; : ;;;;,;,;,,;::.>;:;.;,.;,:,.:.T:,.,;.;..;. the November, 1961 axr:~isi:•::.~::•>::::.:z.>:•>:•::z3::.:•::~:z:., I ments and correctioxis hi shall be filed by the v: - clerk in his office for in Lion and use of the pwbli< shall be marked ~by the ' with tpe words, "Villag Richfield, Official. ~Co,py".~ Section 2. EataUiiehme~ ~l 1)utiee~ of Bureau oY Fire ~~'~p'I '. vention. ri" Subdivision 1. The fire vention code shall be.enf~,~~~~~ by the Bureau oaf Fire 'Pry Lion ],n the Fire Departure the Village of Richfield, i the supervision and direill be master Of of the chief of th~i~re aes at Saturda a ev ment, and the viii' e.;rxnan Y'" I The officer in ch ge oinnesota, Sharon i Bureau of iF"ireFl:.,Preve. shall be known as thelll a1S0 be pTeSen marshal. lranation. Subd. 2 The fire ma shall be designate ~ t ~ As in the past, '0 """~ ~"" rave arrange ~'~ ~ ~' ~ ~ f i' awards for Etichfield. e m b s a 'Vl~il let Y STATE OF MINNESOTA COUNTY OF HENNEPIN, ss Robert A. Broad, L. R, Farrington, Guy T. Farrington, being duly sworn, on oath says; that he is, and during all the times herein stated has been, one of Lire publishers of the newspaper known as The Richfield News, and has full knowledge of the facts hereinafter stated; that for more than one year prior to-the publication therein a~10 . 'l . ~~} of the .. .._ ..............__..----•---•- ---.. hereto attached, said newspaper was published in the Village of Rich- field, in the County of Hennepin, State of Minnesota, on Thursday of each week; that during all said time said newspaper has been printed in the Ervglish language from its office of publication a-ithin the Vil- lage of Richfield, Hennepin County, Minnesota, from which it is issued as above stated and in newspaper format and in column and sheet form equivalent in space to at least 450 running inches of single col- umn, two inches wide; has been issued as aforesaid once each week from a known office established in said place of publication and em- ploying skilled workmen and bhe necessary material for preparing and printing the same; that the press vwork on that part of the news- paper devoted to local news of interest to the community it purports to serve has been done in its known office of publication; that during ail said time in its makeup not less than twenty-five percent of its news columns have been devoted to local news of interest to the com- munity it purports to serve; that during all said time it has not wholly duplicated any other publication, and has not been entirely made up of patents, plate matter and advertisements; has been cir- culated in and near its said place of publication to the extent of at Least two hundred and forty (240) copies regularly delivered to pay- ing subscribers and has entry as second class matter in its local post- office; that a copy of each issue has been filed with the State Histori- cal Society, St. Paul; and that there has been on file in the offica of the County Auditor of Hennepin County, Minnesota, the affidavit of a per- son having knowledge of the facts, showing the name and location oP said newspaper and the existence of the conditions constituting its qualifications as a legal newspaper. i.:P,v ,~ ~~L~1~1Cr/ O~ Li J_1 ~a0.. ~_;J4_5? iiGi_~i~.17(;~ ~~0, % .'~ "any Jaycee ~,:nt. That the ---•-••---------•---------•-•-•----------------------•----------••--°•-------------_.--•-•------------------•-•- hereto attached was cut from the columns of said newspaper, and was °"'i AI~IN~~hn~ printed and published therein in the English language, once each c -gop~r .:~~~ey~ 's~y~ pu7; ur.. J _un na3aa 'wag - sut-a3ta ,, ~ au3 .30 on~3 .~q s.3uinl~~xiy ~ ~uon3s ~nq `paninans -;:.1~:~1 1 -~~ 3~agIV pub pu~laa3s~e, ~ uuoZ - s3uaquxnoui ~ausT. week, for .________~_____________ successive weeks; that it was first so published on Thursday, the ------ le---•----------------------- d'aY of --------~~~~-"r-------------•-•------ L984, and thereafter on Thursday of each week to and including the ----------------------------------------------- day of ----.-._...-----.-.--------------------•------- 1954, and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to-wit: abcdefghij klmnopgrstuvwxyz j abc~~ghijklmnopgrstuvw~ yz~-,, I ``f %~ j ~ ~. Subscribed and sworn to before me'the -...~ ~?.-.......,day of {`' 1=~~._... 1964. _, Notary Public, Hsi County, Minn. THOiti7AS E. SCHANDLE 1:i,y Comniisslon expires . ..............._...-....Notary.P-ubJir,.D.a~.ata_Gt~unt;+~$yTnti. N!y Commission Expires June 21, 19G~. AN LEGAL Bill N~ UI.~A'r] CON'D^ TO L~- 1 IrJO_._. S10N, A B U] department thereon shall be entered upon the records of t,he~ department. and a signed ;dopy; shall be furnished the aP- C°tion 6. Appeals. Whenever /'~ nent shall disapprove an a.p- `jmj ~ts^chief of the fire depart- LL~avit of Publication >licatioh or refuse to grant a ;ermit applied fox•, or when it s claimed that the provisions ~f the code do not apply or )F MINNESOTA hat the true intent and mean- , days that prohibitled c:ondi- adopted are hereby repealed. oil of the Vlllag'e o~f f May, '1964. ( - Notary Public, Hsi County, Minn. ' ANll - ~lyl IN4IV~' T FI' E I`R ing of the code have been mis- OF HENNEPIN, SS r"OW1:R. AND. D'UTil~;iS~ .' construed or wrongly interpre- The Village 'Council of .the ted, the applicant may appeal Village of Richfield, Minns- from the uecision of the chief ~. BTOad, L. R. Farrington, Guy T. Farrington, being duly rota, ordains: of the fire department to the oath says; that he is, and during all the times herein stated Section 1.Aauption oY Ffre viuage council within thirty one of the publishers of the newspaper known as The i'revrntion Guar. The follow- days from the date of the de- : ing are hereby. adopted by ref. vision appealed. News, and has full knowledge of the facts 'hereinafter erence as ordinances of the 'hat for more th.a,n one year prior to the pu'biiGation therein Village of Richfield and spoil Section 7. New Materials, ' , be in full force and effect in Pruc~Y~es or Occupsuiciea which j_ -,~n v~!.C2 Ci:.. r., "1_-i ~ !;(], L j~LF-% ~ ~1 `u _~ic".11C=F% this villag~~,~~~ ~exce~p~ as herein- mipY ltequir~e Pe~'n:its. The viI- " - after sPeci9fled: 'I'~he fire 'pre- loge manager,, the chief of the ,~? vention code recommended by fire department, and the fire the National Board of Fire marshal shall act as a com- Under~writer+s, 1960 edition, as mittee to determine and spec- modified by the November 196'1 ify, after giving affected per- amendmenis .and corrections to sons an opportunity to be~ such code. The provisions of heard, any new materials, pro'- •-••-••••°^°°-°-•••^-•--^•-•--°•^•--^-•--•--••-..--......-°--.-..-..-----..... ....- ••- - such code, as so amended; are, ceases or occupancies, which tacked, said newspaper was published in the Village Of RiCh- herelby adopted and inco•rpora- shall require permits, in aaai- .,the County of Hennepin, State of Minnesota, On Thursday of ted as ' an ordinance of this tion to those now enumerated ~k. that during all said time Said newspaper has been printed village as fully as if set out at in .said code. The fire: marshal' > len.th herein, and from the shall Post such list in a con- nglish language from its OfflCe of publication within the Vil- effective date of this ordin- spicuous place in his office ZiChfield, Hennepin County, Minnesota, from which it is issued ante, the provisions thereof. and distribute copies 'thereof to, stated and in news a er format and in column and sheet shall be controlling Within the interested persons. h P limits of the vnlage of :Rich.- tivalent in space to at least 450 ruxlrling inches of single col- field. Three 'copies of such fire, section 8. Penalties. o inches wide; has been issued as aforesaid once each week prevention code, together with. Su'bdivlsIOn 1. Any person nown office established in said lace of ublication and em- the November, 196!1 amend- who shall violate. any' of the ~ p h ments and corrections. thereof, Provisions of the code hereby Skilled workmen and the necessary material for preparing shall be filed by the village adopted or fail to comply tin~g the same; that the press work on that part of the news- clerk in his office far inspec- therewith, or who shall violate Voted t0 local news Of interest t0 the COmmuriit it Ur rtS Lion and use of the. pwblic and or fail to comply with any' y p p0 shall be marked by the clerk order made thereunder, or w'ho has been done in its known office of publication; that during with t]~e words, "village of shall build in violation bf any tlme in its makeup not less than twenty-five percent of its Richfield, Official. ~CoPY". detailed .statement of sPecifi-, Section 2. E>~tublislttnrnt - of cations or plans submitted and amns have been devoted to local news of interest to the cam- D~aties of Bureau of k:,ire Pre_ approved thereunder, or any Lt purports t0 SerVe; that during all said time it has riot vention, certificate or permit issizea wplicated any other publication, and has not been entirely Subdivision 1. The fire .pre- thereunder, and from which' vention code shall be .enforced no appeal has been taken, or Of patents, plate matter and adV2rtiSementS• has been Clr- ~by 'the Bureau of Fire `Preven_ ~'ho shall fail to comply with ri and near its said place Of p'UbliCatlOri t0 the extent Of at Lion l,n the Fire Department of such an order as affirmed or hundred and forty (240) copies regularly delivered t0 a - the Village oP Richfield, under: modified ~b,y 'the village council p y 'the supervision and direction or by a court of competent %riberS and has entry as SeCOrid Class hatter iri its local pOSt- of the chief of th ,.. ire depart- jurisdiction, within the time fiat a espy of each issue has been filed with the State Histori- ment, and the vill;~e;;m,anager- fixed therein, shall severallyty St. Paul• and that there hasbeen on file in the offiee~'of the The officer in ch ,_ g•e of the for each a.nd every such viola- Bureau of "ire pJ:, revention tion and noncompliance re- .uditor of Hennepin CJounty, Minnesota, the affidavit of a per- shall be known as the fire spectively be guilty of a mis- zg knowledge of the facts, showing the name and location Of marshal. demeanor, and shall be pun- .SXDaper and the existence of the conditions constituting fits Subs. 2, The Pire marshal fished by a fine of not more -. shall be designated 'by the vil- than $100.0Q or bY, imprison-,lOnS aS a legal newspaper. lags manager in accordance anent for not more 'than ninety with the civil service laws days. The imposition of one -~ ~ applicable to the fire depart- Penalty for any violation does ilOL1~F C~i• t'..:?__I_1 iJs ~_j04-°7~ V~Ci ~1~:i1G~' ment of the Village o'f Rich- not excuse the .violation or; field. permit it to continue; and all . !~ ~ Subd. 3. The chief oaf the fire such persons shall be required ` department may .detail such to correct or remedy such vxo- members of the fire depart- lotions or defects within a rea- ment a inspectors, working' sonable time; and when not the -----------------------------------------------------------------------------------•-------°-------•----..-----° under the fire marshal, as shall otherwise specified, each ten ;ached was cut from the columns of said newspaper, and was from time to tixrie be deemed nd published therein in the English language, once each necessary: Th:e chief of the tions a-x a maintained shall con- fire department may. recam_ stitute a separate offense. mend to the village •manager - iSulbd. 2,. The application of _ ~- _ __ SU000SSIVP, weeks; that it was first Sa published the employment of technical the above penalty shall not be insPectox•s, who, when such held to prevent the enforced V ~- .u. J _T authorization is made, shall be removal of prohibited condi- ;ay the , day Of ~ 1'964, selected to' assist the fire tions. %after on Thursda of each week to and includin the ma.x•shal. Section 9. Repeal of Conflict- y g Su~bd. 4. A rePOrt of the Bur- ing• Ordinances. All former ord- eau of Fire Px•evention shall 'be finances or parts thereof con- made annually and transmitted flictin~,• oar mconsxstent with day Of 19'84, and that to the village manager; it shall the prowisions~ of 'this Drain- ing is a printed copy of the lower case alphabet from A to Z, contain all proceedings, under once or of the code hereby sive and 1S hereby acknowledged as being the S1Ze and kind this code, with such statistics ~ as the chief of the !fire depart- ed lri the composition and publication of said notice, to-wit: ment may wish to include Section 10. Dote of EYfect. therein: -the chief of the ifire This ordinance shall take ef- abCdefghijklmriopgrstUVWXy2 department shall also recom_ fect and be in force from and abode g'hi'1-lmno mend any amendments to the after its adoption and publics- ~ jE J • pgrstuvwxyz~ code which, in his judgment, tion. , ~ ~ i ~ ~ / ~ ` shall be desirable. Passed ~by the Village C'o~un- /~ ~ %~ ` i!~ Section ~. DeYinitions. t- ~ ~~ r ~/ ~~ ,~ ~ Subdivision 1. Whenever the S 11th clay oOlson, Richfield' ._/_'__..~. -._E---•. -•..---- •. .•.•._ ~ ~r -.----.... wox•d `municipality" is used in ~TTtanley W. ~ Mayor i Orn t0 before Ilre~the ....t.t.1 dm Of ,~^``.l..i,yT -.. 1964...,, the fire Prevention code, it and sw y shall mean the Village of Rich_ O. >~hTan Krevelen, Manager `\ ~ ~ r~ field. ~ .i`%~ ~,~~ ;/~y,~-.. Subd. 2'.. Whenever `the term Edward J. Moline, Clerl: \ . f ~--!`)!~~._-..-~ ~- ~ "corporation counsel" is used ~ - " -"-' °°`~`-`~ '°' '~ ~.-:1'~,C Y.__ in the fire prevention code, it, stxxll be held to mean the vil- lage attorney of.tl~e F'i~l~rge;-of Richfield. ,t.:. ~'-E Section 4.ProLiixition"'"~P'`Star~ ass of Flammable Liquids in Oatsid~e ALove-ground Tanks; Bulls storai;e oY Liquefied Pe- trolenm Gases; :md S'tor:age of EalalaKices and B l x s t i n 1; Agents. C'ubdivision 1. The Village o~f Richfield is developed primari- ..w a t,..i .,,,.i+;.,i., THOMAS E. SCHANDLE ~V COm1niSSlOn expires ....................._-.-•lyptary-P~Jh1ic,.Daknti3.Gs~llr~tybytllinti. iviy Cemmissian Expires Jung 21, 19G~J.