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Ordinance 74-41 ORI)I~;AMCE NO. ~ COLLIER COUNTY FIR~]. PREVENTIOn; CEDI': AN ORDINA{'ICE ESTAP, f. ISHING "THE COLLIER COU}ITY FIRF. PREVE~.;TION CODE" BY ADOPTING THE .[973-74 EDITIOn! OF THE TEH (].0) VOLUi4ES OF THE NATIONAL !.'IRE CODES DEVELOPED BY THE NATIONAI, FIRE..PRO- TECTIOM ASSOCIATION AND ADOPTING THE ~ERfCAN INSURANCE ASSOCIATION FIRE PREVF. MTION CODE ].970 EDITION I~;CLUDING THE 1972 REVISIOS~ AND AMENDMENTS THERETO, TO PROVIDE ItEGULATIONS GOVERNING FIRE AND EXPLOSIVE HAZARDS TO LIFE / AND PROPERTY, I~iPROVING PUBLIC SAFr::TY BY : PROMOTING TIIE CONTROl, AND ABATE~.LENT OF FIRE A~lD EXPLOSIVE HAZARDS, REGULATI~;G THE INSTAL- LATION, USE AND 5LAIMTENAMCE OF EQUIPMENT AND THE USE OF BUII.DINGS, STRUCTURES, PRE~4ISES ~\~ A~D OPEH AREAS, AND ESTABLISHING SUITABLE FIRE PRI':VE~;TIOi,! STANDARDS IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY A/'~D ~ELFARE APPLICABLE TO PUBLIC AND PRIVATE PROPERTY UPON ;a[iCH BUILDI~;GS, STRUCTURES AND EQUIPMF. NT ARE ERECTED OR ~5%INTAINED; PROVIDING DEFI~ITIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR AN APPEAL; PRO- VIDING A PENALTY; PROVIDI~;G SEVERANCE, CONFLICT AND CONSTRUCTION CLAUSES; AND PROVIDING AN EFFECTIVE DATE. EE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE. 1. ~option of Fire Codes BX Reference. a. The Ten (10) Volume Set of Matj. onal Fire Codes, 1973-74 Edition, deve]oped by the National--Fire Protection Associa- !:ion, 470 Atlantic Avenue, Boston, Massachusetts 02210, as listed below by subject title attached hereto and made a part h~rnof are hereby adopted by reference as part of "The Collier County Fire [~revention Code": Volume 1 - FLAMMABLE LIQUIDS Volume 2 - GASES Volume 3 - CO~.1BUSTiBLE SOLIDS, DUSTS AND EXPLOS.IVES Volume 4 - BUILDING CONSTRUCTIO~ AND FACILITIES Volume 5 - ELECTRICAL Volume 6 - SPRI}:KLERS, FIP~E PUMPS A~]D WATER TANKS Volume 7 - ALAP~! AND SPECIAL EXTINGUISHING SYSTEMS Volume 8 - PORTABLE AND ~LA~UAL FIRE CO~[TROL EQUIPMENT Volu~e 9 - OCCUPANCY STANDARDS A~;D PROCESS HAZARDS Volume 10 - TRANSPORTATIOn! b. The Fire Prevention Codg,, 1970 Edltiion, deve_~d~ by The American Insurance AsSOciation, 85 John Street,' };ew~k, .~r. Y. 10038, including the revisions and amendments theret~.~ ~%~ attached hereto and made a part hereof is hereby adopted b~k~re as part of "The Collier County Fire Prevention Code". 2. Definitions and Authority.~ .~.. a. "Enforcement_Authority" is the appo.{nted officer of; the Boar([ of County Commissioners, or the Board of any Special Fire District, or the City Council of any municipality within Collier County, assigned the responsibility to enforce "The Collier County Fire Prevention Code" by the appropriate Co,~,~.[ssion, P, oard or Council, an./ any authorized police ~fficer or Deputy. Sheriff. b, ":'ire Departmo. ut", "Chief of I;ho Bureau of FIL'O Prew:ntion", ChieJ of the Fire Dopartn,ent", ,Dep,~rtment of Fire Protection", "Chief t.'ire Admini.-~rator", "Fire t.l;,:'shal" or slmil~,r title, shn].l mean I-he enforcement attthority as defined in subparagraph a. here.i, nabov~. An applicant refused a permit by the enforcement ,~uthority or any person clalming a provision of tho Fire Prevention Code does not aL)ply or has been incorrectly interpreted by the enforcement authority shall appeal, the decision to the appropriate Commission, Board or Council appointing "The Enforcement Authority" as provided by Paragraph 2.a. hereinabove. 4. Penalty. Any person who shall violate tho provisions of the Standards and Codes hereby adopted or any order made thereunder, who shall build in violation of any statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder, or who shall fail to comply with an order as afflrln~.,d or modified by the enforcement authority, the Board of County Commissioners, or a court of competent Jurisdiction within the time fixed shall violate this ordinance. Such violation shall constitute a misdemeanor of the second degree, and any person con- victed of such violation shall be punished by a fine not to exceed Five Hundred ($500.00) Dollars or by imprisonment in the County ,;ail not to exceed sixty (60) days or by both such fine and imprie, on mont. The imposition of said penalty shall not excuse the violation nor permit its continuance. All persons convicted of violating this ordinance :;hall be r~quired to correct or remedy violations within ,'t reasonable time. When not otherwise specified, each ten (10) days that the prohibited condition continues shall constitute a separate violation. 5. Construction.' This Ordinance shall be deemed to be ct]mulativo and supplemental, and in addition to any other act, law, or ord~.nance of Collier County or any municipality therein relating to a fire prevention code. This Ordinance shall be deemed an exercise of the police powers of '{:he County and ..~hall be liberally construed in order to effectively carry out the purposes of this Ordinance in protecting the interests of the health, safety, and welfare of the citizens of Collier County, Florida. 6. Confl{.ct. In the event this Ordinance conflicts with any other Ordinance of Collier County or any municipality therein or other applicable law, the mor~ restrictive shall apply. If any part of this Ordinance con- fliers with any part, it shall be severed and the remainder shall have full force and effect and be liberally construed. 7. Effective Date. This Ordinance shall become effective upon ro-ceiPt of notice that it is filed with the Secre{;ary of State. Dated: October 8, 1974 BOARD OF COUNTY CO~tISSIO~RS COLLIER C~TY, ~OA CliF~rd Wenzel,~alrman Approved as to form and legality: David Hmer~mn Bruner Collier County A~orney