HomeMy WebLinkAboutOrd 1501 - fires & emergency medical service
ORDrNANCE NUMBER 150]
AN ORDrNANCE RELATrNG TO FIRES AND EMERGENCY MEDICAL
SERVICE; AMENDING THE CODE OF ORDINANCES OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS; PRESCRIBING PENALTIES; AND
CONTAINING FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WEST UNIVERSITY PLACE, TEXAS:
Section 1. That Chapter 9 of the Code of Ordinances of the City of
West University Place, Texas is hereby amended to read in its entirety as shown in
Appendix A, which is attached hereto and made a part hereof for all purposes.
Section 2. This ordinance applies from and after its effective date.
Any violations committed before the effective date are governed by the ordinances
in effect before the effective date, and they are continued in effect for this purpose.
Section 3. All ordinances and parts of ordinances in conflict herewith
are hereby repealed to the extent of the conflict only.
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 invalid or unconstitutional by any COUlt 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 subject of each meeting
at which this ordinance was discussed, considered or acted upon was given in the
manner required by the Texas Open Meetings Act, 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 shaH become effective on the tenth day
following its publication, as provided in the City Charter.
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PASSED AND APPROVED ON FmST READING, this /tI~ of
F' ,1995.
Voting Aye'
Voting Nay:
Absent.
PASSED AND APPROVED ON SECOND READING, this ~~ of
~_ ,1995. '
Voting Aye:
Voting Nay:
Absent:
;&Of6 ~
Bi:'tI-\Vatrorr
Mayor
ATTEST:
APj~
James L. Dougherty, Ir
Cily Attorney
Ka y Holloway
City Secretary
(SEAL )
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I
II
APPENDIX A
Chapter 9
FIRES AND MEDICAL EMERGENCIES
Subchapter A. Fire Prevention Code
Sec.9.1Ul. St.andard Fire Prevention Code
(a) Adoption. The Standard Fire Prevention Code, 1994 edition,
of the Southern Building Code Congress International, Inc. ("fIre
code"), together with Sections AIO 1.3.5 (relating to maintenance) and
Al03.I.l (relating to pennits) as set out in Appendix A to the fIre
code, are hereby adopted and ordained by reference and incorporated
into this chapter by reference as fully as if copied herein, except as
provided in this Chapter. No other appendix or attaclunent is adopted.
(b) Fire Official. The fIre official referred to in the fIre code shall
be the fIre chief or acing fIre chief of the City. 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.
(0) Flammable Liquids District. 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.,
(d) Explosives District. 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.
Sec. 9.102. Amendments to fire code
(a) Adjustments and Appeals. The provisions of the fire code
relating to the board of adjustments and appeals are not adopted.
Instead, the Building & Standards Commission established under
Chapter 6 of this Code shall have the same jurisdiction and authority
with respect to the frre code as it has with respect to the building code.
The frre official has the same authority with respect to the frre 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 frre code in the same
manner as such articles apply to the building code (except that the frre
official shall have the powers and duties of the building official under
such articles).
(b) Service Stations. Section 907.4.3 of the fIre code (relating to
supervision at service stations) is amended by adding the words
"without a hold-open device" following the phrase "a listed automatic
closing type."
(0) Hours For Burning. Section 501.4.3 of the fIre code (relating
Exhibit A: CHA:P+ER 9 (3-29-95)
Page A-I
to hours for burning) is amended to read in its entirety as follows:
An incinerator shall not be used or allowed to remain with any
combustion inside it: (I) at any time from an hour preceding sunset on
one day until sunrise the following day; or (ii) at any time when
unattended.
Cd) Fire [,anes. Where the fire official certifies that an access
roadway is required under Section 602.06 ofthe fire code, it shall be
unlawful for any person to park a vehicle or otherwise obstroct the
roadway, if the roadway is marked with signs or curb markings stating
that parking or obstroction of the roadway is unlawful.
The fire official may authorize towing or removal ofvehic1es parked in
violation ofthis section, uthe roadway is clearly marked as a "tow-
away" zone and if the towing is otherwise ordered in accordance with
state law.
Subchapter B. Certain Fire Regulations.
Sec. 9.201. Arson reward
The mayor is hereby authorized to offer for and on behalf of the
city, a standing reward of one thousand dollars payable from the gen~
cral fund, to any pcrson or pcrsons who shall be responsiblc for the
arrest and conviction of any person or persons found guilty '~f arson
committed within the city.
Sec. 9.202. Mobile sen'ice units
It shall be unlawful for allY person to dispense fuel from a "mobile
service unit." A "mobile service unit" is a vehicle, a tank truck or
other mobile device from which flammable liquids used as motor fuels
may, as an act of retail sale, be dispensed into the fuel tank. ofa motor
vehicle parked on an offstreet parking facility.
Sec. 9.203. Occupancy loads~ certain public rooms
Ca) Establishment. For each assembly room, auditorium or room
used for a similar purpose in a City-o\\11ed building, the fire official
shall:
(1) establish or modifY the occupancy load in accordance with
the applicable provisions of the building code; and
(2) determine the number of occupancy load signs to be posted
in such room.
(b) Signs. The signs required by this section shall be at least
twelve by eighteen inches in size. They shall have a white ba kground
with red letters not less than one inch in height. They shall he
conspicuously located in the area regulated. They shall read
substantially as follows;
Exhibit A: CH~-ER 9 (3-29-95)
Page A-2
WARNING, MORE THAN PERSONS WITIITN TIllS
AREA IS UNSAFE AND PROHIBITED BY LAW. [s/Frre Official]
(c) Order to Vacate. If any such room is occupied by more
people than the established occupancy load, the fIre official is hereby
empowered to order aU persons to vacate the room. It shall be
unlawful for any person to fail or refuse to do so when so ordered.
Subchapter C. Fire Department.
Sec. 9.301. Created; general duties.
There is created a frre department of the City. The department is
charged with the duty of preventing and extinguishing fIres and
conflagrations and preventing the loss of human life and property by
fin:: and doing all such olht:r dutit:S as art: impost:d upon tht:m by this
Cout:, olhcr ordinanCt:S or n:solutions oftht: City Council.
Sec. 9.302. Members; Acting Chief.
The fire department shall consist of the following members: frre
chief, captains, lieutenants, fITe fIghters. The fire chief shall designate
another member of the department to be acting chief in the absence or
unavailability of the fire chief
Sec. 9.303. Impersonating, Perfonning Duties
It shall be unlawful for any person to hold himself or herself out as
a member of the fITe department of the City, or to perform any of the
duties and responsibilities of the fire department, unless the person is
member of the frre department or authorized to do so by the frre
official.
Subchapter D. Emergency McdicnI Service
Sec. 9.401. Definitions.
In this subchapter:
"Ambulance" shall mean a motor vehicle used, designed or
redesigned, and equipped for the primary purpose of the transportation
of sick or injured persons.
"Emergency ambulance" shall mean an ambulance used, designed
or redesigned, and equipped for the primary purpose of transporting
sick or injured persons under emergency circumstances, or the
rendering of first aid or the performance of rescue work, or both, under
such circumstances.
"Emergency ambulance service" shall mean a trip made by an
emergency ambulance under emergency circumst.ances including:
Exhibit A: CHAPTER 9 (3-29-95)
Page A-3
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going to the place of emergency, performing rescue operations,
rendering ftrst aid, and going to a hospital or othcr place for medical
attention. Emergency ambulance service also includes: responding to
a call for emergency assistance even though no assistance is required,
and providing ambulance service when emergency circumstances
develop.
"Emt:rgenuy uiruumslanues" shall mean the existenue of
circllmstancefi in which t.he element. nft.ime in expedit.inlls1y a1tendine
to or transporting a sick or injured person is essential to the health or
life of such person, or in which rescue operations or first aid, or both,
may be essential to the health or life of such person.
Sec. 9.402. Medical director.
There is hereby created the office of medical director, to be
appointed by the City Council and to serve at the pleasure of the City
Council. The medical director shall perform the duties prescribed by
state law, the regulations promulgated pursuant to state law and this
article,
Sec. 9.403. Emergency Ambulance Service
It shall be unlawful for any person who is not a membeJ; of the
City's fire department to provide emergency ambulance service within
the Cit.y. It is an affirmative defense that either of the following
circumstances is present:
(1) The service involves a trip originating outside the City, and the
service is provided in accordance with state law by persons
authorized to do so under state law.
(2) The service is provided at the request of the fire offioial or
other City officer having authority to request mutual aid, back-
up or similar assistance.
Sgc. 9.404. cru.rgg~; rgcord~; indiggnu.
(a) Charges. The City Council may, from time to time, establish
chargeR for emergency amh1l1ance Rervice provided hy the fire
department, in order to partially defray the costs.
(b) Records; Collection. The fire department shall maintain a
record of each case of emergency ambulance assistance rendered to
each sick or injured person and shall send a copy, with necessary
billing data, t.o the director offmance, who shall attempt to collect the
applicable charges according to procedures set by the City Council.
(0) Indigents. Nothing herein authorizes the fire departmen to
refuse service to any person upon the grounds that such person is
indigent and unable to pay for such service.
Exhibit A: CHAPTER 9 (3-29-95)
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Page A-4