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HomeMy WebLinkAboutORD 1339 Relating to Fire Protection and Prevention ORDIhANCE NUMBER 1339 AN ORDINANCE RELATING TO FIRE PROTECTION AND PREVENTIONi AMENDING THE CODE OF ORDINANCES OF THE CITY Of WEST UNIVERSITY PLACE, TEXASi ADOPTING A STANDARD FIkE PREVENTION CODE, WITH AMENDMENTSi AND CONrAINING FINDINGS AhD PROVISIONS RELATIN6 TO THE SUBJECT. * * * WHEREAS, the City Council desires to update the standard fire prevention code now in use, ana the City Council also deslres to set up certain standard procedures for the use of such codei NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Sections 9-1, 9-2, 9-3 ahd 9-4 of the Code OT Ordinances of the City of West University Place, Texas are hereby amended in their entirety to read as follows: Sec. 9-1. Adoption of fire prevention code. (a) The Stanaard Fire Prevention Code, 1988 Edition, of the Southern Building Code Congress INternational, Inc. ("Fire Codell), together with Sections AI0l.3.5 (relating to maintenance) and AI03.1.1(re1ating to permits) as set out in Appenaix A to the Fire Code, are hereby adopted and ordained by reference and lncorporat~d into this Chapter by reference as fully as if copied herein fully, except as provided below. (b) The Fire Official referred to in the Fire Code shall be the Fire Chief of the City (or, in the absence of the Fire Chief, the acting Fire Chief). The Fire Official may detail other members of the Fire Department or the Building Inspections Division to act as inspectors as from time to time shall be necessary. Sec. 9-2. Amendments to Fire Code. (a) The provisions of the Fire Code relating to the Board of Adjustments and Appeals are not adopted. Instead, the General Appeals Board established under Chapter 6 of this Code shall have the same jurisdiction and authority with respect to Ordinance Number 1339 Z93 the Fire Code as it has with respect to the Building Code. The Fire Official has the same authority with respect to the Fire Code as the Building Official has with respect to the Building Code. Article I and Article II (except Section 6-12) of Chapter 6 of this Code shall apply to enforcement and administration of the Fire Code in the same manner as such articles apply to the Building Code (except that the Fire Official shall have the powers and duties of the Building Official under such articles). (b) The following additional amendments are made to the Fire Code adopted by this Chapter: (1) Section 907.4.3 (relating to supervision at service stations) is amended by adding the words "without a hold-open devicell following the phrase Ila listed automatic closing type. II (2) Section 501.4.3 (relating to hours for burning) is amended to read in its entirety as follows: IIAn incinerator shall not be used or allowed to remain with a~ combustion inside it: (i) at any time from an hour preceding sunset on one day until sunrise the following day. or (ii) at a~ time when unattended. II Sec. 9-3. District for storage of flammable liquids. The limits of the Fire District referred to in Section 902.1.1 of the Fire Code shall be coextensive with the corporate limits of the City. Sec. 9-4. District for explosives and blasting agents. The limits of the district referred to in Section 1901.4.2 of the Fire Code (wherein storage of explosives and blasting agents is prohibited) shall be coextensive with the corporate limits of the City. Section 2. This ordinance applies only to permit applications filed. and violations committed. on or after its effective date. Applications filed and violations committed before the effective date are governed by the ordinances in existence before the effective date. .........------...r..--....-.--I~ r-...... ... ....._.....,.....~ .--....... ...Ior __ Ordinance Number 1339 and such ordinances are continued in effect for such purpose as if this ordinance were not in force. For purposes of this section, a violation is committed on or after the effective date of this ordinance if any element of the violation occurs on or after the effective date, and an application is not deemed to be filed before the effective date unless it is complete, in total compliance with all applicable requirements, and physically delivered to the fire official before the effective date. However, any person aggrieved by an action of the fire official before the effective date of this ordinance may appeal such action to the appropriate hearing board after the effettive date of this ordinance, and the board has the appellate powers specified in this ordinance with respect to such actions of the fire official. Section 3. (a) Sections 9-5, 9-6, 9-7, 9-8, 9-9 and 9-10 of the Code of Ordinances of the City of West University Place, Texas, are hereby repealed, except as otherwise provided. (b) All ordinances and parts of ordinances in conflict herewith are hereb) repealed to the extent of the conflict only, except as otherwise specifically provided. Section 4. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. Section 5. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and ~ubject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies. approves and confirms such notices and the contents and posting thereof. Section 6. This ordinance shall take efffect on the tenth day following its publication, as provided for in the City Charter. Ordinance Number 1339 PASSED AND APPROVED ON FIRST READING this Februa , 1989. 13th day of Voting Aye: Voting No: Councilmembers Schwartzel. Bell, Britton None Absent: Mayor Parks, Mayor Pro Tem Bryan PASSED AND APPROVED ON SECOND READING this 27th day of Februa , 1989. Voting Aye: Mayor Pro Tem Bryan, Councilmembers Britton, Schwartzel Voting No: None Absent: Mayor Parks, Councilmember Bell Signed: Beth Ann Bryan-,-wlvfa)/o-r- Pro Tem ATTEST: Approved as to Form: ( SEAL) James' L. Dougherty ,-'J-r-.-~ City Attorney