[Amended 9-1-1998 by Ord. No. 603]
There is hereby adopted by the City, for the purpose of prescribing
regulations governing conditions hazardous to life and property from
fire or explosion, those certain codes known as the "Fire Prevention
Code," NFPA 1, and the "Uniform Fire Code," in the most current editions
of such codes, and the whole of such codes, and any amendments or
changes thereto, and such codes are hereby adopted and incorporated
as fully as if set out verbatim in this section.
The following words, terms and phrases, when used in the Fire
Prevention Code, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
The Fire Chief of the City.
The City of Española.
[Amended 11-19-2013 by Ord. No. 2013-02]
The Fire Prevention Code adopted by § 192-7 shall be enforced by the Fire Chief.
The Fire Chief 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 Fire
Prevention Code, provided that the spirit of the Fire Prevention Code
shall be observed, public safety secured, and substantial justice
done. The particulars of such modifications when granted or allowed
and the decision of the Fire Chief thereon shall be entered upon the
records of the department, and a signed copy shall be furnished to
the applicant.
Whenever the Fire Chief shall disapprove an application or refuse
to grant a permit applied for, or when it is claimed that the provisions
of the Fire Prevention Code do not apply or that the true intent and
meaning of the Fire Prevention Code have been misconstrued or wrongly
interpreted, the applicant may appeal the decision of the Fire Chief
to the City Council within 30 days from the date of the decision appealed.
At least one copy of the Fire Prevention Code adopted by § 192-7 shall be kept and maintained on file in the office of the City Manager and available for inspection at all reasonable times that the office is open for business.
Any person who shall violate any of the provisions of the Fire Prevention Code adopted by § 192-7 or fail to comply therewith, or who shall violate or fail to comply with any order made under such code, or who shall build in violation of any detailed statement of specifications or plans submitted and approved under such code, or any certificate or permit issued under such code, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the City Council or by a court of competent jurisdiction, within the time fixed in this section, shall, severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable as provided in Chapter 1, General Provisions, Article III, Violations and Penalties, § 1-19. 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. When not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense. The application of such penalty shall not be held to prevent the enforced removal of prohibited conditions.
