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Ordinance 011Poo 0 i VILLAGE - . .' , , OF CHANHASSEN CARVER COUNTY, MINNESOTA ORDINANCE N0J k SAN ORDINANCE ADOPTING A FIRE PREVENTION CODE PRESCRIBING REGULATIONS COVERING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, AND ESTABLISH- ING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES. THE VILLAGE COUNCIL OF CHANHASSEN ORDAINS: Section I. ADOPTION OF FIRE PREVENTION CODE. There is hereby adopted by the Village of Chanhassen for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Fire Pre- vention Code recommended by the American Insurance Association, being particularly • the 1965 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified, or amended by section 7 of this ordinance, of which code not less than three (3) copies have been and now are filed in the office of the Clerk of the Village of Chanhassen and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the Village of Chanhassen. Section 2. ESTABLISBMENT AND DUTIES OF BUREAU OF FIRE PREVENTION. A. The Fire Prevention Code shall be enforced by the Bureau of Fire Prevention of the Fire Department of the Village of Chanhassen which is hereby established and which shall be operated under the super- vision of the Chief of the Fire Department. B. The Fire Marshal in charge of the Bureau of Fire Prevention shall be appointed by the Village Council on the basis of exam- ination to determine his qualifications. His'appointment shall continue during good behavior and satisfactory service, and he shall not be removed from office except for cause. C. Tile Chief of the Fire Department may detail such members of the fire department as inspectors as shall from time to time be necessary. The Chief of the Fire Department shall recommend to the Village Council the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and non-members of the fire department, and appointments made after examination shall be for an indefinite term with removal only for cause. D. A report of the Bureau of Fire Prevention shall be made annually and transmitted to the Mayor of the Village; it shall contain all proceedings under this code, with such statistics as the Chief of the Fire Department may wish to include therein; the Chief of the Fire Department shall also recommend any amendments to the code which, in his judgment, shall be desirable. Section 3. DEFINITIONS. A. Wherever the word Municipality is used in the Fire Prevention Code, it shall be held to mean the Village of Chanhassen. • B. Wherever the term Corporation Counsel is used in the Fire Pre- vention Code, it shall be held to mean the Attorney for the Village of Chanhassen. Section 4. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES, BLASTING AGENTS AND FIRE- WORKS IS TO BE PROHIBITED. Except as hereinafter provided, it shall be unlawful to manufacture, store, discharge, use cr employ explosives, blasting agents or fireworks within the Village. Persons desiring to store, discharge, use or employ explosives, blasting agents or fireworks within the Village shall first secure a permit to do so from the Village Council. Application for such permit shall be in writing addressed to the Council, shall state the purpose for requesting such permit, the period for which permit is desired, the tract of land to be involved in the use of the permit, and such other information as may be deemed necessary by the Council to pass upon such application. Such permit shall be in writing and shall be issued by and at the discretion of the Council. The fee for such permit shall be established by resolution of the Council. Section 5. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH • STORAGE OF FLAMMABLE LIQUIDS IN OUTSIDE ABOVEGROUND TANKS IS TO BE PROHIBITED. Except for non-commercial installations having a total aggregate capacity not in excess of 500 gallons, it shall be unlawful to store flammable liquids in outside above ground tanks within the Village without having first secured a permit to do so from the Village Council in the manner set forth for the issuance of a permit under Section 4. herein. Section 6. ESTABLISHMENT OF LIMITS IN WHICH BULK STORAGE OF LIQUEFIED PETROLEUM GASES IS TO BE RESTRICTED. 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: Within the limits established by law restricting the bulk storage of liquefied petroleum gas for the protection of heavily populated or congested commercial areas, the aggregate capacity of any one installation shall not exceed 2, 000 gallons water capacity; except that in particular installations this capacity limits may be altered at the discretion of the Fire Marshal of the Bureau of Fire Prevention after consideration of special features such as topographical con- ditions, nature of occupancy and proximity to buildings, capacity of proposed tanks, degree of private fire protection to be provided, and facilities of the local fire department. Section 7. AMENDMENTS MADE IN THE FIRE PREVENTION CODE. The Fire Prevention Code is amended and changed in the following respects: None. Section 8. MODIFICATIONS. The Fire Marshal of the Bureau of Fire Prevention with the approval of the Village Council 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 ob- served, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the Fire Marshal of the Bureau of Fire Prevention thereon shall be entered upon the records of the . department and a signed copy shall be furnished the applicant. Section 9. APPEALS. Whenever the Chief of the Fire Department shall disapprove an applica- tion or refuse to grant a permit applied for, or when it is claimed that the pro- visions of the code do not apply or that the true intent and meaning 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 Village Council within 30 days from the date of the decision appealed. -2- Section 10. NEVI MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS. The Mayor, the Chief of the Fire Department and the Fire Marshal 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 Fire Marshal shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. Section 11. PENALTIES. 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 who shall build in violation of any detailed statement of specifications or plans sub- mitted 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 Fire Marshal or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance re- spectively, be guilty of a misdemeanor, punishable by a fine of not less than $25.00, nor more than $100.00, or by imprisonment for not less than 10 days nor more than 30 days or by both such fine and imprison- ment. 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 reason- able time; and when not otherwise specified, each ten days that pro- hibited conditions are maintained shall constitute a separate offense. B. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. Section 12. REPEAL OF CONFLICTING ORDINANCES. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or of the code hereby adopted are hereby repealed. . Section 13. VALIDITY. The Village of Chanhassen hereby declares that should any section, paragraph, sentence, or word of this ordinance or of the code hereby adopted be declared for any reason to be invalid, it is the intent of the Village of Chanhassen that it would have passed all other portions of this ordinance in- dependent of the elimination herefrom of any such portion as may be declared invalid. Section 14. DATE OF EFFECT. This ordinance shall take effect and be in force from and after its approval as required by law. ADOPTED by the Council this J(_, day of 0C.TOBEiL , 1967. ATTEST: �e v Published ins-o��cz��� 9 � - .c �� , 1967. —3— MAYOR on the �' day of Village of Chanhassen Carver County, Minnesota ORDINANCE NO. 11 An Ordinance Adopting a Fire Prevention C o d e. Prescribing Regulations Covering Condi- tions Hazardous to Life and Property From Fire or Explo- sion, and Establishing a Bureau of Fire Prevention and Provid- ing Officers Therefor and De- fining Their Powers and Duties. THE VILLAGE COUNCIL OF CHANHASSEN ORDAINS: Section l.. Adoption of Fire Prevention Code. There is hereby adopted by the Village of Chanhassen for the purpose of prescribing regula- tions governing conditions haz- ardous to life and property from fire or explosion, that certain code known as the Fire Preven- tion Code recommended by the American Insurance Association, being particularly the 1965 edi- tion thereof and the whole there- of, save and except such portions as are hereinafter deleted, mod- ified, or amended by section 7 of this ordinance, of which code not less than three (3) copies have been and now are filed in the of- fice of the Clerk of the Village of Chanhassen and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the Village of Chanhas- sen. Section 2. Establishment and Duties of Bureau of Fire Preven- tion. A. The Fire Prevention Code shall be enforced by the Bureau of Fire Prevention of the Fire Department of the Village of Chanhassen which is hereby es- tablished and which shall be op- erated under the supervision of the Chief of the Fire Department. B. The Fire Marshal in charge of the Bureau of Fire Prevention shall be appointed by the Village Council on the basis of examina- tion to determine his qualifica- tions. His appointment shall con- tinue during good behavior and satisfactory service, and he shall not be removed from office ex- cept for cause. . C. The Chief of the Fire De- partment may detail such mem- bers of the fire department as in- spectors as shall from time to time be necessary. The Chief of the Fire Department shall recom- mend to the Village Council the employment of technical inspec- tors, who, when such authoriza- tion is made, shall be selected .through an examination to de- termine their fitness for the posi- tion. The examination shall be open to members and non-mem- bers of the fire department, and appointments made after exam- ination shall be for an indefinite term with removal only for cause. D. A report of the Bureau of Fire Prevention shall be made annually and transmitted to the Mayor of the Village; it shall con- tain all proceedings under this code, with such statistics as the Chief of the Fire Department may wish to include therein; the Chief of the Fire Department shall also recommend any amend- ments to the code which, in his judgment, shall be desirable. Section 3. Definitions. A. Wherever the word Munici- pality is used in the Fire Preven- tion Code, it shall be held to mean the Village of Chanhassen. B. Wherever the term Corpora- tion Counsel is used in the Fire Prevention Code, it shall be held to mean the Attorney for the Vil- lage_ of Chanhassen. Section C Establishment of Limits of Districts in Which Stor- age of Explosives, Blasting Agents and Fireworks Is To Be Prohib- ited. Except as hereinafter provided, it shall be unlawful to manufac- ture, store, discharge, use or em- ploy explosives, blasting agents or fireworks within the Village. Persons desiring to store, dis- charge, use or employ explosives, blasting agents or fireworks with- in, the Village. shall first secure a permit to do so from the Village Council. Application for such permit shall be in writing ad- dressed to the Council, shall state the purpose for requesting such permit, the period for which per- mit is desired, .the tract of land liquefied petroleum gas is re- stricted, are hereby established as follows: Within the limits es- tablished by law restricting the bulk storage of liquefied petro- leum gas for the protection of heavily populated or congested commercial areas, the aggregate capacity of any one installation shall not exceed 2,000 gallons wa- ter capacity; except that in par- ticular installations this capacity limits may be altered at the dis- cretion of the Fire Marshal of the Bureau of Fire Prevention after consideration of special fea- tures such as topographical con- ditions, nature of occupancy and proximity to buildings, capacity of proposed tanks, degree of pri- vate fire protection to be provid- ed, and facilities of the local fire department. Section 7. Amendments Made in the Fire Prevention Code. The Fire Prevention Code is amended and changed in the fol- lowing respects: None. Section 8. Modifications. The Fire Marshal of the Bu- reau of Fire Prevention with the approval of the Village Council shall have power to modify any of the provisions of the Fire Pre- vention 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 ob- served, public safety secured, and substantial justice done. The par- ticulars of such modification when granted or allowed and the deci- sion of the Fire Marshal of the Bureau of Fire Prevention there-' on shall be entered upon the rec- ords of the department and a signed copy shall be furnished the applicant. Section 9. Appeals. 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 do not apply or that the true intent and meaning of the code have been misconstrued or wrong- ly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the Village. Council within 30 days from the date of the deci- sion appealed. Section 10. N e w Materials, Processes or Occupancies Which May Require Permits. The Mayor, the Chief of the Fire Department and the Fire Marshal shall act as a committee to determine and specify, after giving affected persons an oppor- tunity to be heard, any new ma- terials, processes or occupancies, which shall require permits, in addition to those now enumerat- ed in said code. The Fire Marshal shall post such list in a conspic- uous place in his office, and dis- tribute copies thereof to interest- ed persons. Section 11. Penalties. A. Any person who shall vio- late 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 who shall build in violation of any detailed statement of specifica- tions or plans submitted and ap- proved thereunder, or any certifi- cate 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 Fire Marshal or by a court of com- petent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance .respectively, be guilty of a misdemeanor, pun- ishable by a fine of not less than $25.00, nor more than $100.00, or by imprisonment for not less than 10 days nor more than 30 days or by both such fine and impris- onment. The imposition of one penalty for any violation shall not excuse the violation or per- mit it to continue; and all such persons shall be required to cor- rect or remedy such violations or defects within a reasonable time; and when not otherwise speci- fied, each ten days that prohibited conditions are maintained shall constitute a separate offense. B. The application of the above penalty shall not be held to pre- vent the enforced removal of pro- hibited conditions. to be involved in the use of the permit, and such other informa- tion as may be deemed necessary by the Council to pass upon such application. Such permit shall be in writing and shall be issued by and at the discretion of the Coun- cil. The fee for such permit shall be established by resolution of the Council. Section S. Establishment of Limits of Districts in Which Stor- age of Flammable Liquids in Outside Aboveground Tanks Is To Be Prohibited. Except for non-commercial in- stallations having a total aggre- gate capacity not in excess of 500 gallons, it shall be unlawful to store flammable liquids in out- side above ground tanks within the Village without having first secured a permit to do so from the Village Council in the man- ner set forth for the issuance of a permit under Section 4 herein. Section 6. Establishment of Limits in Which Bulk Storage of Liquefied Petroleum Gases Is To Be Restricted. The limits referred to in sec- tion 21.6aof the Fire Prevention Code, in which bulk storage of Section 12. Repeal of Conflict- ing Ordinances. All former ordinances or parts thereof conflicting or inconsist- ent with the provisions of this ordinance or of the code hereby) adopted are hereby repealed. Section 13. Validity. The Village of Chanhassen hereby declares that should any section, paragraph, sentence, or word of this ordinance or of the code hereby adopted be declared) for any reason to be invalid, it is the intent of the Village of Chan- hassen that it would have passed all other portions of this ordi- nance independent of the elimina- tion herefrom of any such por- tion as may be declared invalid. Section 14. Date of Effect. This ordinance shall take ef- fect and be in force from and af- ter its approval as required by law. ADOPTED by the Council this 16th day of October, 1967. Eugene A. Coulter Mayor ATTEST: Kay Klingelhutz Clerk (E 10/26/67) AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA SS County of Hennepin N. J. Van Sloun, being duly sworn, on oath says he is and during all the times herein stated has been the General Manager - printer of the newspaper known as The Excelsior South Shore Minnetonka Herald and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in news- paper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the com- munity which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of, patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the Village of Excelsior, in the County of Hennepin, and it has its known office of issue in the Village of Excelsior, in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in his employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said newspaper files a copy of each issue immediately *ith the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the General Manager of said newspaper and sworn to before a notary public stating that the news- paper is a legal newspaper. He further states on oath that the printed Ordinance No. 11 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for ®n a successive weeks; that it was first so published on Thursday the26-th —day of October 19--67 and was thereafter printed and published on every to and including the day of 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and s Y•' kind of type used in the composition and publication of said notice, to -wit: abcde f ijl opgr u xyz Ile �A. } ► r 2641 Subscribed and sworn �o before me this day of October 67 { 19 *_ Not public, County, Minnesot (Notarialary p � �.. EVA N. JErWN /0 Seal) My Commission Expires,/� ,c, enne�*n �c� y, Minim, 'DIY Ccmnilcc.' C °-h 2(9, IP74,