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0522 NFPA 230 - Fire Protection of Storage 2000CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 522 0 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADDING CHAPTER 15.52 TO THE CHUBBUCK MUNICIPAL CODE TO ADOPT NFPA 230 (1999 EDITION), FIRE PROTECTION OF STORAGE, AUTHORIZING THE FIRE CHIEF OR THE CHIEF'S DESIGNEE TO IMPLEMENT AND ENFORCE NFPA 230; PROVIDING EXISTING USES HAVE TWO YEARS FROM THE EFFECTIVE DATE OF THIS ORDINANCE TO IMPLEMENT ANY NECESSARY STRUCTURAL OR INFRASTRUCTURE CHANGES; PROVIDING THAT EXISTING USES SHALL BE IN COMPLIANCE WITH ALL OTHER PROVISIONS OF NFPA 230 BY MARCH 1, 2000, UNLESS GRANTED AN EXTENSION; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Intent. The Uniform Codes previously adopted by the City and Title 15 do not adequately address the storage of forest products such as lumber, railroad ties, logs, chips, and other such materials. Such materials are or have been stored in the city from time to time and represent a significant fire threat if not stored in a safe manner. NFPA 230, Fire Protection of Storage and certain appendices as promulgated by the National Fire Protection Agency in its 1999 edition sets forth a comprehensive and practical guideline for the storage of such products. While it would be a burden to existing uses to require immediate compliance, particularly with respect to significant structural or infrastructure changes such as roads or other such items, compliance with those provisions is necessary and the council believes a two-year time period would be reasonable for such compliance. Non-structural changes such as housekeeping practices, maintenance practices and the general clean-up provisions set forth in NFPA 230 do not require significant out-of-pocket costs and are necessary to implement much sooner to prevent a hazard to the citizens of Chubbuck and the general public. Ordinance - Page 1 blj chubbuck10.113 Section 2. Chapter 15.52 Adopted. The following Chapter 15.52 is hereby added to the Chubbuck Municipal Code: Chester 15.52 NFPA Sections: 15.52.010 NFPA 230 Adopted 15.52.020 Procedure for Adopting Future Editions 15.52.030 Enforcement 15.52.040 Copies Available 15.52.050 Compliance by Existing Users 15.52.010 NFPA 230 Adopted: NFPA 230, Fire Protection of Storage, 1999 Edition, as promulgated by the National Fire Protection Association, Inc., and Appendices A, B and E are hereby adopted. 15.52.020 Procedure For Adopting Future Editions: Future editions of NFPA 230 and the pertinent appendices may be adopted, as the same are published from time to time, by resolution of the Mayor and City Council. Such resolution shall identify with particularity the edition of the code so adopted and shall recite that it is adopted pursuant to this Chapter. Unless specifically stated to the contrary in the text thereof, such resolution shall have the effect of adopting the future edition and any appendixes or standards previously adopted by ordinance. 15.52.030 Enforcement: The Fire Chief of the City of Chubbuck or the Chiefs designee shall be responsible for implementing and enforcing NFPA 230 and Appendices A, B and E. Ordinance - Page 2 blj chubbuck10.113 15.52.040 Copies Available: Three (3) copies of NFPA 230 and the pertinent appendices, any amendment thereto, and the resolutions of the Mayor and Council adopting any amendments shall be maintained on file with th - City Clerk for use and examination by the public. 15.52.050 Compliance by Existing, Uses: Those businesses, individuals and entities within the City that store products and which will be governed by NFPA 230 and Appendices A, B and E after the effective date of this chapter shall have the following time periods to bring their operations into compliance: A. Structural or infrastructure changes which require construction costing $1,000.00 or more shall have two years from the effective date of this Ordinance to complete any such structural or infrastructure changes. For reasons of extreme hardship, said time period may be extended by the Fire Chief or the Chief s designee. Any decision by the Fire Chief or the Chief s designee may, upon request of an aggrieved party, be reviewed and modified by the City Council. B. All other provisions of NFPA 230 and Appendices A, B and E shall be followed by existing uses within the City no later than March 1, 2000. For reasons of extreme hardship, said time period may be extended by the Fire Chief or the Chief s designee. Any decision by the Fire Chief or the Chiefs designee may, upon request of an aggrieved party, be reviewed and modified by the City Council. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Ordinance - Page 3 blj chubbuck10.113 low Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 2 5TH .day of JANUARY , 2000 ATTEST: RON CONLIN, CITY CLERK Ordinance - Page 4 blj chubbuck10.113 • i • COTANT,•R