Ordinance 770
ORDINANCE NO.~
AN ORDINANCE ADOPTING A FIRE PREVENTION CODE PRESCRIB-
ING GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY
FROM FIRE OR EXPLOSION, AND ESTABLISHING A DIVISION OF
FIRE PREVENTION AND PROVIDING OFfICERS THEREFOR, AND
DEFINING THEIR POWERS AND DUTIES
THE COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS:
Article II of Chapter 10 of the Gilroy City Code is hereby
amended to read as follows:
Section 1. Adoption of Fire Prevention Code.
There is hereby adopted by the Council of the City of
Gilroy for the purpose of prescribing regulations and
governing conditions hazardous to life and property from
fire or explosion, that certain code known as the Fire
Prevention Code recommended by the American Insurance
Association, being particularly the 196ft edition thereof,
save and except such portions as hereinafter deleted,
modified or amended by Sec. 4 of this ordinance, 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 Gilroy 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 Gilroy.
Section 2. Duties of Division of Fire Protection.
The Fire Prevention Code shall be enforced by the
Division of Fire Protection which has heretofore been
established and it shall be operated under the supervision
of the Chief of the Fire Department with all the duties and
authority provided for in Article X of Chapter 2 of this
Code and any additional or other authority here~nafter given.
Section 3. Definitions.
Whenever the word IImunicipalitiesll is used in the Fire
Prevention Code it shall be held to be in the City of Gilroy,
and whenever the term IIcorporation counselll is used, it shall
be held to mean the Attorney for the City of Gilroy.
Section 4. Amendments made in Fire Prevention Code.
a. Subdivisions b" c.and d.of Section 2 of Appendix
D of said Fire Prevention Code as set forth in the said
1965 edition thereof are not a part of this ordinance.
b. Section 4. and subdivisions a. and b. of Section 5
and Section 6 of said Fire Prevention Code, 1965 edition
thereof, are not adopted and are not a part of this ordinance.
Section 5. Modifications.
The Chief of the Division of Fire Protection shall have
power to modify any of the provisions of the Fire Prevention
Code upon application in writing by the owner or lessees, or
his duly authorized agent, when there are practical difficulties
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070
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 Division of Fire Protection 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 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 mis-
construed 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
appealed.
Section 7. New Materials, Processes or Occupancies which may
Require Permits.
The City Administrator, the Chief of the Fire Department
and the Chief of the Division of Fire Protection shall act as
a committee to determine and specify, after giving persons an
opportunity to be heard, any new materials, processes or occu-
pancies, which shall require permits, in addition to those now
enumerated in said code. The Chief of the Division of Fire
Protection shall post such list in a conspicuous place in his
office, and distribute copies thereof to interested persons.
Section 8. 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 of
spe ~ifications 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 Councilor by a court of
competent jurisdiction, within the time fixed herein, shall
severally for each and every such violation and noncompliance
respectively, be guilty of a misdemeanor, punishable by a fine
of not more than Five Hundred($500.00) Dollars or by imprison-
ment for not .,more than six (6) months or 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
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 9. Validity.
The Council hereby declares that should any section, para-
graph, sentence or word of this ordinance or of the code hereby
adopted be declared for any reason to be invalid, it is the
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intent of the 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 10. Repeal of Conflicting Ordinances.
All former ordinances or parts thereof conflicting or
incbns.:lstent with the provisions of this ordinance or of the
code hereby adopted are hereby repealed.
Section 11. Date of Effect.
This ordinance shall take effect and be in full force
thirty (30) days from and after its passage and approval.
PASSED AND ADOPTED this 18th day of
.Jul y _' 1966, by the
following vote:
NOES:
COUNCILMEMBERS:A 11 emand, Duffi n, Ecka rd ,Goodr i ch,
Quartiroli ,Wentworth~ and Petersen.
COUNCILMEMBERS:None
AYES:
ABSENT:
COUNCILMEMBERS:None
ATTES~ '( 0
Q1~oamPi 0 / ~/n~
city Cler(J
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,.
I, SUSANNE E. PAYNE , City Clerk of
the City of Gilroy, do hereby certify that the attached Ordinance
No. 770 is an original ordinance, duly adopted by the Council
of the City of Gilroy at a regular meeting of said Council held on
the 18th day of July , 19 66 , at which meeting
a quorum was present.
I further certify that the said ordinance has been pub-
Ii shed I n accordance with the charter of the City of G i I roy.
IN WITNESS WHEREOF, I have hereunto set my hand and af-
fixed the official seal of the City of Gilroy, this 21st day of
July