19780418 1978-10ORDINANCE NO. 1978-10
AN ORDINANCE AMENDING THE CODE OF THE CITY
OF FAIRFAX, VIRGINIA, TO AMEND AND RE-ENACT
CHAPTER 8 OF THE CODE OF THE CITY OF FAIRFAX,
VIRGINIA, PROVIDING FOR FIRE PROTECTION AND
PREVENTION.
BE IT ORDAINED by the Council of the City of Fairfax,
Virginia, that Chapter 8 of the Code of the City of Fairfax,
Virginia, providing for fire protection and prevention, be and
the same hereby is, amended and re-enacted in its entirety as
follows:
Chapter 8. FIRE PROTECTION.
ARTICLE I. City Fire Marshal.
Sec. 8-1.
Sec. 8-2.
Sec. 8-3.
Sec. 8-4.
Office created; appointment.
Deputy city fire marshal.
Oath of office.
Powers of city fire marshal.
ARTICLE II. In General.
Sec. 8-5.
Sec. 8-6.
Sec. 8-7.
Sec. 8-8.
Sec. 8-9.
Sec. 8-10.
Sec. 8-11.
Sec. 8-12.
Inspections.
Authority at fires and other emergencies.
Compliance With orders.
Interference with operations.
Use of fire apparatus, equipment, etc., within city.
Unlawful boarding or tampering with fire or rescue
vehicles.
Damage or injury to equipment or personnel.
Penalty.
ARTICLE III. Fire Prevention Code.
Sec. 8-13.
Sec. 8-14.
Sec. 8-15.
Sec. 8-16.
Sec. 8-17.
Sec. 8-18.
Adopted.
Amendments; additions; deletions.
Enforcement.
Waiver of provisions of Fire Prevention Code.
Permits and fees.
New materials, processes or occupancies which may
require permits.
ARTICLE IV. Appeals.
Sec. 8-19.
Sec. 8-20.
Sec. 8-21.
Sec. 8-22.
Appeals.from actions of fire marshal.
Procedure generally.
Withdrawal.
Records of proceedings.
1978-10
ARTICLE I. City Fire Marshal.
Sec. 8-1. Office created; appointment.
The office of city fire marshal is hereby created. The
director of the department of fire and rescue services is hereby
appointed as the city fire marshal.
Sec. 8-2. Deputy fire marshal.
The office of deputy city fire marshal is hereby created.
The city council may, upon recommendation of the city manager,
appoint one or more deputy city fire marshals to act as assis-
tants to the city fire marshal. In the absence of the city
fire marshal, a deputy city fire marshal shall have the powers
and perform the duties of the city fire marshal.
Sec. 8-3. Oath of office.
Before entering upon their duties, the city fire marshal
and every authorized deputy city fire marshal shall each take
an oath before any officer authorized to administer oaths,
faithfully to discharge the duties of their respective offices.
Sec. 8-4. Powers of city fire marshal.
In addition to all powers conferred upon the city fire
marshal and his deputies pursuant to this chapter and by
general law, the city council hereby authorizes the city fire
marshal to exercise the power to arrest, to procure and serve
warrants and to issue summons, as provided in section 27-34.2
of the 1950 Code of Virginia, as amended, the general police pow-
er as provided in section 27-34.2:1 of the said Code, and the
power to order immediate compliance with the law or to prohibit
use of a building or equipment as provided in section 27-34.3
of the said Code; provided, that the city fire marshal shall
not exercise any of the powers provided in the said sections
until such time as he has complied with the requirements set
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forth therein; and, provided, further, that such powers shall
be exercised only by the city fire marshal and not by any deputy
city fire marshal.
ARTICLE II. In General.
Sec. 8-5. Inspections.
a) The city fire marshal, as often as may be deemed
necessary, may inspect areas, buildings or premises, except
single-family dwellings, to determine the fire safety thereof.
Whenever, as a result of such inspection, he finds conditions
dangerous to the fire safety of such areas, buildings or
premises, or the occupants thereof, because of the presence of
combustible materials, want of repairs, obsolete or dilapidated
condition, lack of sufficient fire escapes or exits or from any
other cause, he shall order such dangerous condition or con-
ditions to be remedied or removed.
b) The city fire marshal may, as often as may be deemed
necessary, inspect all hazardous manufacturing processes, storage,
installation and handling of gases, chemicals, oils and other
flammable materials, all interior fire alarm systems, standpipes
and automatic sprinkler systems for the purpose of ascertaining
and causing to be corrected any hazardous conditions liable to
cause fire, or any violation of any provisions of this chapter.
c) The city fire marshal may, at all reasonable hours,
enter any area, building or premises in the city, except single-
family dwellings, for the purpose of making any inspection,
which under any provision of this chapter or the Fire Prevention
Code adopted by this chapter, is necessary.
Sec. 8-6. Authority at fires and other emergencies.
The director of the department of fire and rescue services
or his duly authorized representatives, as may be in charge at
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the scene of a fire or other emergency involving the protection of
life and/or property, is empowered to maintain order at the fire
or its vicinity, direct the actions of the fire fighters at
the fire, keep bystanders or other persons at a safe distance
from the fire and fire equipment, facilitate the speedy movement
and operation of fire-fighting equipment and fire fighters,
and until the arrival of a police officer, direct and control
traffic in person or by deputy and facilitate the movement
of traffic. The director or other officer in charge shall
display his fire fighter's badge, or other proper means of
identification. Notwithstanding any other provision of law,
this authority shall extend to the activation of traffic
control signals designed to facilitate the safe egress and
ingress of fire-fighting equipment at a fire station. Any
person or persons refusing to obey the orders of the director
or his deputies or other officer in charge at that time shall
be guilty of a misdemeanor and upon conviction thereof shall
be punished by a fine of not less than ten dollars nor more
than one hundred dollars. The director or other officer in chargl
shall have the power to make arrests for violation of the provi-
sions of this section.
Sec. 8-7. Compliance with orders.
If any person at a fire or other emergency involving the
protection of life and/or property refuses or neglects to obey
any order duly given by the director of the department of
fire and rescue services or other officer in command, he
shall, upon conviction of such offense, be fined not to exceed
one hundred dollars.
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Sec. 8-8. Interference with operations.
It shall be unlawful to interfere with, attempt to inter-
fere with, conspire to interfere with, obstruct or restrict
the mobility of, or block the path of travel of any fire or
rescue emergency vehicle in any way, or to interfere with,
attempt to interfere, conspire to interfere with, obstruct or
hamper any operation of the department of fire and rescue
services.
Sec. 8-9. Use of fire apparatus~ equipment, etc., within city.
a) It shall be unlawful for any person to operate or
cause to be operated upon a public highway or street in the city
any vehicle or equipment used, intended to be used or designed
to be used for the purpose of fighting fires, unless such
vehicle or equipment is owned by the city or any other recognized
fire fighting company of the city.
b) For the purposes of this section, a "recognized
fire fighting company of the city" shall be construed to mean
one that has been recognized as such by resolution of the city
council.
c) This section shall not apply to the operation of
fire fighting vehicles and equipment owned by any fire fighting
company outside of the city when such vehicles or equipment
are traveling in or through the city for parade or other non-fire
fighting purposes or in response to a call from the office dis-
patching fire equipment in or for the city.
Sec. 8-10. Unlawful boarding or tampering with fire or rescue
vehicles.
It shall be unlawful for any person, without proper authoriz
tion from the officer-in-charge of said vehicle, to cling to,
attach himself to, climb upon or into, board, or swing upon any
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fire or rescue vehicle, whether such vehicle is in motion or at
rest or to sound any warning device thereon or to manipulate,
tamper with, or destroy or attempt to manipulate, tamper with, or
destroy any lever, valve, switch, starting device, brake, pump
or any equipment, protective clothing, or tool on or a part of
such fire or rescue vehicle.
Sec. 8-11. Damage or injury to equipment or personnel.
It shall be unlawful for any person to damage or deface, or
attempt, or conspire to damage or deface any fire or rescue
vehicle at anytime, or to injure, or attempt to injure or
conspire to injure personnel of the department of fire and rescue
services or of any recognized fire fighting company while such
personnel are in the performance of their duties.
Sec. 8-12. Penalty.
Any person, firm, partnership or corporation who shall violat
any of the provisions of this chapter or the Fire Prevention Code
adopted by this chapter or who shall fail to comply therewith or
who shall violate or fail to comply with any order made thereundel
or who shall build in violation of any detailed statement or
specifications or plans submitted 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 city building code board of appeals
within the time fixed herein, shall severally for each and every
such violation and noncompliance respectively be guilty of a clas
I misdemeanor, punishable as provided in section 1-7. 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 withir
a reasonable time. When not otherwise specified, each day that
prohibited conditions are maintained shall constitute a separate
offense. The application of the above penalty shall not be held
to prevent the enforced removal of prohibited conditions.
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ARTICLE III. Fire Prevention Code.
Sec. 8-13. Adopted.
a) There is hereby adopted by the city council, for the
purpose of prescribing regulations governing conditions hazardous
to life and property from fire or explosion, that certain Code
known as the BOCA Basic Fire Prevention Code/1978, fourth edition
thereof and the whole thereof, except such portions as are deleted
modified or amended by this article.
b) A reasonable number of copies of said Code but not less
than one copy will be on file in the office of the city fire
marshal and are available 8:30 A.M. until 5:00 P.M., Monday throug]
Friday, inclusive, except for legal holidays and the same are
hereby adopted and incorporated as fully as if set out at length
herein.
Sec. 8-14. Amendments; additions; deletions.
a) The Fire Prevention Code adopted by section 8-13 is hereb
amended and changed in the following respects:
1) F-104.0 Board of Appeals. Delete in its entirety.
2) F-106.2 Frequenc%. Delete and substitute the
following: In educational occupancies fire drills
shall be held as follows: once a week for the first
month school is in session and at least once a month
each month thereafter. In institutional occupancies
fire drills shall be held at least once every two
months on each work shift. During severe weather,
fire drills may be postponed.
3) F-301.7 Endangering other pr.opert%. Add subsection
F-301.7 as follows: No person shall kindle nor
authorize to be kindled nor maintain any permitted f
in such a manner that it will endanger the property
of another.
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4)
5)
6)
7)
8)
F-312.0
F-303.0 Torches for removinA paint. Add the followi
words to the title: OR SWEATING PIPE JOINTS.
F-303.1.1 Sweating joints. Add subsection F-303.1.1
as follows: Any person using a torch or other flame-
producing device for sweating pipe joints in any
building or structure shall have available in the
immediate vicinity where the sweating is done one
approved fire extingisher or water hose connected
to a water supply. Combustible material in the close
proximity of the work shall be protected against
ignition by shielding, wetting or other approved
means. In all cases, a fire watcher shall remain in
the vicinity of the sweating operation for one-half
(1/2) hour after the torch or flame producing device
has been used.
F-304.1 General. Delete the last two (2) words of
the third sentence (metal containers) and substitute
the following: ... noncombustible containers
equipped with tightfitting lids.
F-308.3.1 Other regulations. Add subsection F-308.
as follows: All incinerators and their operations
shall comply with the requirements of the Air Pol-
lution Control Ordinance and the Virginia Uniform
Statewide Building Code.
COOKING DEVICES. Add section F-312.0, as
follows:
F-312.1
General.
No charcoal cooker, brazier, hibachi or grill or any
gasoline or other flammable liquid or liquefied
petroleum gas fired stove or similar device shall be
ignited or used on the balconies of any apartment
building or similar occupancy. The management of su,
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occupancies which have balconies shall notify their
tenants in writing of this Code requirement at the
time the tenant initially occupies the apartment
and from time to time thereafter as may be necessary
to insure compliance.
9) F-313.0 CARNIVAL AND CIRCUS. Add section F-313.0 as
follows:
F-313.1 General.
Prior to the issuance of an occupancy permit for the
establishment, erection or operation of any carnival
or circus, the fire official shall review and approve
the designation of an access lane at least fifteen
(15) feet in width and capable of supporting fire
and rescue apparatus, in all weather conditions and sc
arranged as to afford access to within fifty (50) feet
of all booths, tents, rides and other equipment,
buildings or structures used as part of or in conjunc-
tion with such carnival or circus. The maintenance
of such an access lane shall be a condition of the
occupancy permit.
10) F-314.0 STORAGE~ DISPLAY OR REPAIR. Add section
F-314.0 as follows:
F-314.1 General.
It shall be unlawful to store, display or repair any
vehicle, tool or equipment that has a fuel tank that
contains a flammable or combustible liquid or'liquefi~
petroleum gases as a source of fuel, in or on any
building or structure or part thereof, unless such
vehicle, tool or equipment is stored, displayed or
repaired within a fire-rated area accessible only fro~
the exterior of the building or structure. This
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ll)
section shall not apply to single-family dwellings
used exclusively for residential purposes.
F-400.2 Installations. Delete the last sentence and
substitute the following: Plans and specifications sl
be reviewed and approved by the fire official prior
to the issuance of the building permit.
12) F-402.6 Tampering. Add subsection F-402.6 as follow~
It shall be unlawful for any person to tamper with,
damage, destroy or to use without just cause or autho
ization any fire protection system or fire extinguish
installed in any building or structure within the
municipality.
13) F-402.7 Hydrants and water mains. Add subsection
F-402.7 as follows: It shall be unlawful for any
person to use, tamper with, damage or destroy any fir,
hydrant, valve, or water main within the municipality
except that fire departments may use such hydrants
for fire fighting or training purposes, or a person
who has obtained a permit for use from a public
authority or utility having jurisdiction over said
items. When use is by a person under permit from the
authority having jurisdiction, all policies as outlin~
on said permit or application shall be complied with.
14) F-402.7.1 Obstruction. Add subsection F-402.7.1 as
follows: No person shall plant or erect any obstruc-
tion within four (4) feet of any fire hydrant.
15) F-406.9 Remote manual pull stations. Add the follow.
ing sentences: Such manual pulls shall be clearly
identified as to what their purpose is; and if more t
one manual pull is provided, each pull shall be
identified as to area or system it controls. Such
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identification shall be provided on a clearly legible
sign located immediately above such manual pull.
16) F-501.2 Storage. Delete and substitute the followin
Combustible or flammable material shall not be placed
stored or kept in any portion of an exitway or
elevator car or hoistway or at the bottom of a stair-
way, fire escape or other means of escape.
17) F-501.3 Display. Add the following sentence:
Showcases or temporary displays shall not be placed
or piled so as to obstruct exterior doors of any
building or structure when such building or structure
is closed to the public.
18) F-501.5 Exterior access. Add subsection F-501.5
as follows: Any outside doors which are blocked
by storage or other use inside, shall have a sign on
the outside of such door with the words "NO ACCESS" i~
six (6) inch black letters on a white background.
This subsection shall not be construed to permit the
blocking of any outside door which is otherwise
required to be kept free of obstruction by this Code.
19) F-1700.3 Installation~ operation and maintenance.
Delete and substitute the following: Ail service
stations, garages, buildings, storage areas, premises
and equipment shall be installed, operated and main-
tained in a safe condition at all times and in conforl
ance with N.F.P.A. 30 as listed in Appendix B of
the Code and all other applicable provisions of this
Code.
20) F-2701.5 Reports. Add subsection F-2701.5 as follow
a) The city fire marshal's office shall be immediate
notified by telephone of the loss or theft of any
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b)
21) F-2703.2
explosives. This verbal notification shall be
immediately followed by a letter to the fire
marshal's office giving complete details as to
type, amounts, manufacturer and all other rele-
vant facts.
If at anytime explosives are found not properly
stored in a magazine, it shall immediately be
reported to the city fire marshal's office who
will take possession thereof for the purpose of
safeguarding or disposal of such explosives.
Control in wholesale and retail stores.
Delete and substitute the following: The storage or
display of explosives and blasting caps in wholesale
and retail stores is prohibited.
22) F-2704.10 Fire extinguisher. Delete and substitute
following: Each motor vehicle used for transporting
explosive materials shall be equipped with two (2)
fire extinguishers having a combined rating of at
least 2A-10B:C. One extinguisher shall be located in
the driver's compartment near the driver's seat and
the other shall be placed in some other location on
the vehicle. Both extinguishers shall be filled and
ready for immediate use.
23) F-2903.4 Other accepted use. Add subsection F-2903.
as follows: Aboveground tanks may be used for the
storage of flammable or combustible liquids to be
used as motor fuel for agricultural or privately
owned vehicles. Such tanks shall have a maximum two
hundred seventy-five (275) gallon capacity and shall
located on property under the control of the owner
of such vehicles. Ail other applicable regulations
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and requirements of this Code and other applicable
laws shall be met.
24) F-2907.3 Driver responsibility. Add subsection
F-2907.3 as follows: The driver, operator or
attendant of any tank vehicle shall, before he dis-
charges any liquid from such tank vehicle, take all
necessary precautions to prevent the overflow of
any tank into which he is discharging flammable
or combustible liquids.
25) F-2907.4 Smoking. Add subsection F-2907.4 as follow
It shall be unlawful for any driver, operator,
attendant or passenger to smoke in, on or around any
tank vehicle hauling or used to haul any flammable
or combustible liquid. The driver, operator, or
attendant of any tank vehicle shall prevent persons
in the vicinity of any loading or unloading opera-
tion from smoking, lighting matches or other flame or
spark producing devices or carrying any flame or
lighted cigar, pipe or cigarette.
26) F-3104.5 Driver responsibility.. Add subsection
F-3104.5 as follows: The driver, operator, or
attendant of any tank vehicle or delivery vehicle
shall take all necessary precautions to prevent
overfilling any tank into which he is discharging
L.P.G.
F-3104.6
Smoking. Add subsection F-3104.6 as
follows: It shall be unlawful for any driver, opera-
tor, attendant, or passenger to smoke in, on or
around any tank vehicle hauling or used to haul
L.P.G. The driver, operator or attendant of any
27)
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1978-10
tank vehicle shall prevent persons in the vicinity
of any loading or unloading operation from smoking,
lighting matches or other flame or spark producing
devices or carrying any flame or lighted cigar,
pipe or cigarette.
b) In all other respects, the Fire Prevention Code adopted
by section 8-13 shall remain in full force and effect.
Sec. 8-15. Enforcement.
The city fire marshal shall be the designated enforcement
officer of the Fire Prevention Code adopted by this chapter.
Sec. 8-16. Waiver of provisions of Fire Prevention Code.
The city fire marshal shall have power to waive any of the
provisions of the Fire Prevention Code upon application in writin
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 such Code; provided, that the spirit of such
Code shall be observed and public safety secured. The particulars
of such waiver when granted or allowed and the decision of the
city fire marshal thereon shall be entered upon the records of
the office and a signed copy shall be furnished the applicant.
Sec. 8-17. Permits and fees.
a) The following fees shall be charged for permits required
by the designated article of the Fire Prevention Code adopted
by this chapter.
Article
Article
Article
Article
3 - Bonfire and other outdoor
burning .......................... $10.00
3 - Use of open flame device to
remove paint ..................... $10.00
3 - Storage of combustible or
flammable materials (in excess
of 2,500 cubic feet) ............. $10.00
4 - To install, extend, modify,
alter or remove fire protec-
tion systems ................. As required by
the Building Code
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1978-10
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
6 - Operation of airport, heliport
or helistop ..................... $20.00
7 - Application of flammable fin-
ishes (in excess of 1 gallon
per day) ........................ $10.00
8 - Bowling establishments, pin
and lane refinishing ............ $10.00
9 - Drycleaning plants .............. $10.00
10 - Dust producing processes ........ $10.00
11 - Fruit ripening processes ........ $10.00
12 - Fumigation and thermal in-
secticidal fogging .............. $10.00
13 - Lumber yards and woodworking
plants (storage or use of more
than 100,000 board feet) ........ $10.00
15 - Oven and furnaces (operation
of industrial types) ............ $10.00
16 - Places of assembly
- Theatre ......................... $25.00
- Other assembly except solely
religious ....................... $15.00
17 - Service station and garages ..... $15.00
18 - Tents and air-supported struc-
tures (over 120 square feet) .... $10.00
19 - Tire rebuilding plants .......... $10.00
20 - Wrecking and junk yards and
waste handling plants ........... $10.00
21 - Welding or cutting, acetylene
generators, storage of
calcium carbide ................. $10.00
22 - Cellulose nitrate motion pic-
ture film (use or storage) ...... $10.00
23 - Cellulose nitrate plastics
(use or storage) ................ $10.00
24 - Combustible fibres (storage or
handling) ....................... $10.00
25 - Compressed gases (use, storage
or handling) .................... $10.00
26 - Cryogenic liquids (production,
use, storage, sales) ............ $10.00
27 - Explosives, ammunition and
blasting agents
- Storage and transportation ...... $10.00
- Use (each site) ................. $10.00
28 - Fireworks
(Retailer and/or wholesaler)...$100.00
29 - Flammable and combustible
liquids (manufacture, use,
transportation or storage) ...... $50.00
30 - Hazardous materials and
chemicals (use and storage) ..... $10.00
31 - Liquefied petroleum gases
(installation of containers
over 2,000 gallons water capa-
city and all installations
at public places) ............... $10.00
32 - Magnesium (working of more
than 10 pounds per day) ......... $10.00
33 - Matches (manufacture of or
storage of more than 25 cases)..$10.00
34 - Organic coatings (manufacture
of more than 1 gallon per day)..$10.00
No fee shall be charged for permits for displays
fireworks.
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b) Ail permits shall be renewed annually, except those for
explosives and/or blasting agents use and burning which shall be
renewed for each site annually and those for bowling alley resur-
facing which shall be renewed for each resurfacing operation.
Sec. 8-18. New materials~ processes or occupancies which may
require permits.
The city council, upon recommendation by the city 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 the Fire
Prevention Code. The city fire marshal shall post such list
in a conspicuous place in his office and distribute copies
thereof to interested persons.
ARTICLE IV. Appeals.
Sec. 8-19. Appeals from actions of fire marshal.
Whenever the city fire marshal shall disapprove an applica-
tion 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 such Code have
been misconstrued or wrongly interpreted, the applicant may
appeal from the decision of the city fire marshal to the city
building code board of appeals within five days from the date
of the notice of the decision. Application for such a hearing
shall be made in writing on the appropriate form provided by
the city fire marshal and shall be filed in the office of the
city fire marshal.
Sec. 8-20. Procedure generally.
Appeals to the city building code board of appeals shall be
docketed for hearing in the order filed. Ail parties in interest
shall be given notice in writing of the time and place of hearing
at least ten days prior to the date set. The city building code
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board of appeals shall conduct the hearing and render its decision
in the same manner as it does in appeals from the decisions
of the building official heard before it.
Sec. 8-21. Withdrawal.
Any party filing an appeal as provided in this article may
withdraw the same by written request prior to the date set for
hearing, in which event the city building code board of appeals
shall, by written notice, close the docket and fix the time for
compliance with the order of the city fire marshal.
Sec. 8-22. Records of proceedings.
The city building code board of appeals shall keep a public
record of its proceedings.
This ordinance shall take effect on May 1, 1978.
Introduced:
Adopted:
ATTEST:
April 4, 1978
April 18, 1978
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