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Fire Prevention – Article 01. Fire Prevention Code

Section 4-1. Fire Prevention Code Adopted.

There is hereby adopted by the Board of Trustees, 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 American Insurance Association, being particularly the current edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended by this Chapter of this code, of which Fire Prevention Code not less than three (3) copies have been and now are filed in the office of the Town Clerk; and the said code is hereby adopted and incorporated as fully as if set out at length herein; and from the date on which this code shall take effect, the provisions thereof shall be controlling within the limits of the Town.

Note: 1. The titles of the various articles in the Fire Prevention Code are as follows:

  1. General provision.
  2. Automobile Tire Rebuilding Plants.
  3. Automobile wrecking Yards, Junk Yards, and Waste Material Handling Plants.
  4. Bowling Establishments.
  5. Cellulose Nitrate Motion Picture Film.
  6. Cellulose Nitrate Plastics (Pyroxylin).
  7. Combustible Fibers.
  8. Compressed Gases.
  9. Dry cleaning plants.
  10. Dust Explosions, Prevention of
  11. Exit ways Maintenance of
  12. Explosives, Ammunition
  13. Fireworks
  14. Fire Protection Equipment
  15. Flammable Finishes, Application of
  16. Flammable and Combustible Liquids
  17. Fruit Ripening Processes
  18. Fumigation and Thermal Insecticidal Fogging
  19. Garages
  20. Hazardous Chemicals
  21. Liquefied petroleum Gases
  22. Lumber Yards and Wood-working Plants
  23. Magnesium
  24. Oil burning Equipment
  25. Organic Coatings, Manufacture of
  26. Ovens and Furnaces
  27. Places of Assembly
  28. Precautions Against Fire
  29. Tents
  30. Welding or cutting, Acetylene Generator and Calcium Carbide

Section 4-2. Definitions.

  1. Whenever the word “municipality” is used in the Fire prevention code, it means the Town of Tryon.
  2. Whenever the word “corporation counsel” is used in said code, it means the Town Attorney of the Town of Tryon.
  3. Whenever the term “Chief of the Bureau of Fire Prevention” is used in said code, it means the fire marshal.

Section 4-3. Fire Department To Enforce Code.

The Fire Prevention Code shall be enforced by the fire department of the Town, under the supervision of the Chief of the Fire Department, and in case there is no Fire Department by the Police Department. The head of the Fire Department may detail such members of his department as inspectors as shall from time to time be necessary.

Section 4-4. Limits Within Which Storage Of Flammable Liquids Is Prohibited.

  1. The limits referred to in Section 16-22 of the Fire Prevention Code, in which storage of flammable liquids in outside above-ground tanks is prohibited are hereby established as the Town limits.
  2. The limits referred to in Section 16-51 of the Fire Prevention Code in which new bulk plants for flammable liquids are prohibited, are hereby established as the limits of the Town.
  3. Provided that this section shall not prohibit such installations in existence at the time this code of ordinances is adopted.

Section 4-5. Limits In Which Bulk Storage Of Liquefied Petroleum Gases And Explosives Are To Be Restricted.

The limits referred to in Section 4-6a of the Fire Prevention Code, in which bulk storage of liquefied petroleum gases is prohibited, and the limits referred to in Section 4-6b of said code, in which storage of explosives and blasting agents is prohibited, are hereby established as the limits of the Town.

Section 4-6. Fire Drills In Educational And Institutional Occupancies.

Fire drills shall be held at least once each twelve (12) months in educational and institutional type occupancies where such occupancies constitute a major occupancy of the building. During severe weather, fire drills may be postponed. A record of all fire drills shall be kept and persons in charge of such occupancies shall file written reports at least once a month with the Bureau of Fire Prevention, giving the time and date of each drill held.

Section 4-7. Obstructions To Means Of Egress.

No person shall place, store, or keep, or permit to be placed, stored or kept on or under or at the bottom of any exit stairway, inside or outside, exit hallways elevator or other means of egress, any materials that the presence or the burning of which would obstruct or render hazardous, egress of persons from the building.

Section 4-8. Modifications.

The Chief of the Fire Department with approval of the Board of Trustees 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 Fire Department thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant.

Section4-9. Appeals.

Whenever the head 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 provisions of the code do not apply or that the tine intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from that decision to the Board of Trustees within thirty (30) days from the date of the decision of the chief.

Section 4-10. New Materials, Processes, Or Occupancies Which May Require Permits.

The Chief of the Fire Department, and two (2) persons appointed by the Board of Trustees 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 Fire Department shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons.

Section4-11. Penalties.

  1. Any person, firm, or corporation who shall violate any of the provisions of the Fire Prevention Code hereby adopted or who fail to comply therewith, or who shall violate or fall to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate of 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 Board of Trustees 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, punishable by a fine not to exceed five hundred dollars ($500.00), not including costs. The imposition of one (1) 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 (10) days that prohibited conditions are maintained shall constitute a separate offense,
  2. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

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