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1 Appeals, consisting of five members who are qualified by experience and <br /> training to pass upon pertinent matters. The Fire Chief shall be an ex <br /> 2 officio member and shall act as Secretary of the Board. The Board of <br /> Appeals shall be appointed by the Executive Body and shall hold office at <br /> 3 their pleasure. The Board shall adopt reasonable rules and regulations for <br /> conducting its investigations and shall render all decisions and findings in <br /> 4 writing to the Fire Chief with a duplicate copy to the appellant and may <br /> recommend to the Executive Body such new legislation as is consistent <br /> 5 therewith. <br /> 6 and inserting in its place: <br /> 7 In order to determine the suitability of alternate materials and methods of <br /> construction and to provide for reasonable interpretation of the provisions <br /> 8 of this Code, there shall be and is hereby a Board of Appeals, as created <br /> by Ordinance No. 351-75, Chapter 1.12 EMC, to pass upon matters <br /> 9 pertaining to building construction. <br /> 10 Section 29. That Division II, Administration, of the Uniform Fire Code be, and <br /> 11 is hereby amended by adding a new Section 1.218: <br /> 12 Section 1.218 - Violations and Penalities <br /> 13 Any person who shall violate any of the provisions of the Code hereby <br /> adopted or fail to secure a permit or perform any of the activities herein <br /> 14 provided without securing a permit or having a permit in full force and <br /> effect, or who shall fail to comply with the orders of the Fire Marshal <br /> 15 and/or the decision of the Fire Prevention Review Board in case of appeal, <br /> shall be guilty, severally, for each and every violation and non-compliance <br /> 16 respectively of this ordinance and shall be punished by a fine of not more <br /> that $300. The imposition of one penalty for a violation shall not excuse <br /> 17 the violation or permit it to continue, and all such persons to whom the <br /> Fire Marshal Order has been issued shall be required to correct or remedy <br /> 18 such violation or defect within the time set forth in such order and/or <br /> after such order has been affirmed or modified or the appeal period has <br /> 19 elapsed for reviewing such order. Each ten days that prohibited conditions <br /> are maintained or a person shall continue to operate without a permit <br /> 20 shall constitute a separate offense. <br /> 21 The application of the above penalty by whatever action the City of <br /> Everett shall take shall not be held to prevent the enforced removal of the <br /> 22 prohibited conditions. <br /> 23 Section 30. That Section 11.304 of the Uniform Fire Code be, and is hereby <br /> 24 amended by deleting: <br /> 25 (a) Except when subject to U. S. Department of Transportation <br /> regulations, blasting agents shall be stored, handled and used in the <br /> 26 same manner as explosives. <br /> 27 (b) Any ammonium nitrate stored at a closer distance to the blasting <br /> agent storage area than as provided in (c) below shall be added to <br /> 28 the quantity of blasting agents to calculate the total quantity <br /> involved for application of the American Table of Distance. <br /> 29 <br /> (c) Minimum intra-plant separation distances between mixing units and <br /> 30 the ammonium nitrate storage areas and blasting agent storage <br /> areas shall be in conformity with the Table of Recommended <br /> 31 Separation Distances of Ammonium Nitrate and Blasting Agents <br /> from Explosives or Blasting Agents as set forth in NFPA pamphlet <br /> 32 No. 495, Appendix A. <br /> - 28 - <br />