[Amended 3-11-1969 ATM by Art. 71; 3-10-1971 ATM by Art. 56; 6-27-1977 ATM by Art. 2]
Voted unanimously to adopt, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, that certain code known as the Fire Prevention Code, recommended by the American Insurance Association, being particularly the 1976 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended herein, of which code not less than two shall be filed in the office of the Town Clerk after the adoption of said code, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this By-Law shall take effect, the provisions hereof shall be controlled [controlling] within the limits of the Town of Marblehead.
The Fire Prevention Code shall be enforced by the Chief of the Fire Department in the Town of Marblehead.
A. 
Wherever the word "municipality" is used in the Fire Prevention Code, it shall be held to mean the Town of Marblehead.
B. 
Wherever the term "corporation counsel" is used in the Fire Prevention Code, it shall be held to mean the Town Counsel for the Town of Marblehead.
A. 
The limits referred to in Section 16.22A of the Fire Prevention Code, in which storage of flammable liquids in outside aboveground tanks is prohibited, are hereby established as follows: Zoning Code[1] and judgment of the Fire Chief.
[1]
Editor's Note: See Ch. 200, Zoning.
B. 
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 follows: Zoning Code and judgment of the Fire Chief.
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: Zoning Code and judgment of the Fire Chief.
[Amended 3-11-1969 ATM by Art. 71]
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: Zoning Code and judgment of the Fire Chief.
The Chief of the Fire Department 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 Fire Chief thereon shall be entered upon the records of the Fire Department and a signed copy shall be furnished the applicant.
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 have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the Select Board within 15 days from the date of the decision appealed.
The Select Board and the Chief of the Fire Department shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, such notice to be given by publication for one week in a newspaper having a circulation in the Town of Marblehead, any new materials, processes or occupancies which shall require permits, in addition to those 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 upon request.
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 shall build in violation of any detailed statement of 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 Select Board or by a court of competent jurisdiction, within the time fixed therein, shall severally for each and every such violation and noncompliance respectively, be liable to a penalty of $50 for each offense. 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 defect within a reasonable time; and when not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense.
[Amended 3-14-1972 ATM by Art. 30]
B. 
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.