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HomeMy WebLinkAboutO-96-15ORDINANCE NO. 0-96-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIANt FLORIDA, AMENDING CHAPTER 26 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "BUILDING AND BUILDING REGULATIONS'! BY ADOPTING CERTAIN STANDARD CODES OF THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC. AND THE NATIONAL FIRE PROTECTION ASSOCIATION; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council of the City of Sebastian, Florida ("city"), has adopted various standard building codes as provided by the Southern Building Code Congress International, Inc. and the National Fire Protection Association relating to buildings and building regulations ("Standard Codes"); and WHEREAS, the utilization of the Standard Codes facilitates proper inspection activities by the city relating to the construction and maintenance of buildings within the City, and furthers the public safety, health and general welfare of its residents; and WHEREAS, the city finds it desirable to continue to use the Standard Codes and to update the Standard Fire Prevention Code contained in Chapter 42 of the Code of Ordinances of the City ("Code"); .NOW, THEREFORE, BE IT ORDAINED BY the City Council of the city of Sebastian, Florida, as follows: Section 1: Section 42-46(a) of the Code relating to the adoption of a fire prevention and a life safety code is hereby amended as follows: Sec. 42-46. &doptlon of Fire Prevention Codes. (a) There is hereby adopted by reference the Standard Fire Prevention Code, 1996 edition as adopted by the Southern Building Code Congress International the National Fire Protection Association (NFPA) Pamphlet 1, 1987 edition, and the National Fire Protection Association (NFPA) 101, Life Safety Code, 1994 edition, subject to only specific additions, deletions or amendments set out in the Code of Ordinances, and except insofar as such provisions, by their very nature, could have no application in the city. Future editions of the Standard Fire Prevention Code shall be presented to the city Council for consideration of adoption and incorporation herein within ninety (90) days of publication thereof. Section 2: Section 42-47 of the Code relating to the adoption of a life safety code is hereby amended as follows: Sec. 42-47. Life Safety Code adopted. There is hereby adopted the 1994 edition of the Life Safety Code, NFPA 101, as published by the National Fire Protection Association. One copy is on file in the city clerk's office. Future editions of the Life Safety Code shall be presented to the City Council for consideration of adoption within ninety (90) days of publication thereof. Section 3~ If any section or part of a section of this Ordinance is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Ordinance shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Ordinance is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. Section 4: This Ordinance shall prevail over all other Ordinances which are in conflict with this Ordinance. If any clause, section or other part or application of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and in no way affecting the validity of the remaining portions or applications remaining in full force and effect. Section 5: This Ordinance shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and the Clerk of the City Council. The foregoing Ordinance was moved for adoption by Councilmember __~~,~-~~ . The motion was seconded by Councilmember ...... ~L~J and, upon being put into a vote, the vote was as follows: Mayor Louise R. Cartwright Vice-Mayor Walter Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka The Mayor thereupon declared this Ordinance duly passed and CITY OF SEBASTIAN, FLORIDA Louise R. ~-t~rl~, ~ayor '~'~-V~"~ to Form and Content: Valerie F. Settles city Attorney