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HomeMy WebLinkAbout1973 - FIRE PREVENTION CODE - FIRE PREVENTION CODEAN ORDINANCE ADOPTING A FIRE PREVENTION CODE, PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EX PLOSION, AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING _ OFFICERS THEREFOR AND MAKING DEFINITIONS AND DEFINING THEIR POWERS,AND DUTIES: MAKING VIOLATIONS, OFFENSES, AND PRESCRIBING PENALTIES FOR SUCH VIOLATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One Adoption of Fire Prevention Code There is hereby adopted by the City of Stephenville for the pur- pose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Fire Prevention Code recommended by the American Insurance Association, being particularly the 1970 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended (by section 9 of this ordinance), of which code not less than three (3) copies have been and now are filed in the office of the City Secretary of the City of Stephenville and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Stephenville. Section Two _) Establishment and Duties of Bureau of Fire Prevention a. The Fire Prevention Code.shall.be enforced by the Bureau of Fire prevention in the Fire Department, of the City of Stephenville which is hereby established and which :shall be operated under the supervision of the Fire Marshal. b. The Fire Marshal in charge of the Bureau of Fire Prevention shall be appointed by The Mayor on the basis of examination to determine his qualifications. 'His appointment shall continue during good behavior and satisfactory service, and he shall not be removed from office except for cause after public trial. C. The Fire Marshal may detail such members of the fire department as inspectors as shall from time to time be necessary. The Fire Marshal shall recommend to the City Council the employment of technical inspec- tors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and non- members of the fire department, and appointments made after examination shall be for an indefinite term with removal only for cause. d. A report of the Bureau of Fire Prevention shall be made an- nually and transmitted to the chief executive officer of the municipality; it shall contain all proceedings under this code, with such statistics as the Fire Marshal may wish to include therein; the Fire Marshal shall also recommend any amendments to the code which, in his judgment, shall be desirable. Section Three Definitions a. Wherever the "Municipality" is used in the it shall be held to mean the City of Stephenville. b. Wherever the "Corporation Counsel" is used tion Code, it shall be held to mean the Attorney for C. Wherever the words "Chief of the Bureau of used in the Fire Prevention Code they shall be held Fire Prevention Code, . in the Fire Preven- the City of Stephenville. Fire Prevention" are =o mean the Fire Marshal. Section Four Establishment of Limits of Districts in which Storage of Explosives and Blasting Agents is to be Prohibited The limits referred to in section 12.5b of the Fire Prevention Code, in which storage of explosives and blasting agents is prohibited, are hereby established as follows: NOT PERMITTED IN CITY LIMITS OF STEPHENVILLE, TEXAS, EXCEPT BY SPECIAL PERMIT. Section Five Establishment of Limits of Districts in which Storage of Flammable Liquids in outside Aboveground Tanks is to be Prohibited a. The limits referred to in section 16.22a of the Fire Prevention Code in which storage of flammable liquids in outside above - ground tanks is prohibited, are hereby established as follows: FIRE ZONE NO. 1 AND TWO - OR ANY DENSELY POPULATED AREA. b. The limits referred to in section 16.61 of the Fire Prevention Code, in which new bulk plants for flammable or combustible liquids are prohibited, are hereby established as follows: FIRE ZONE NO. 1 AND 2 OR ANY RESIDENTIAL ZONED AREA. Section Six Establishment of Limits in which `Bulk Storage of,Li,gnefied Petroleum Gases is to be'Restricted. The limits referred to in section 21.6a of the Fire Prevention Code, in which bulk storage of liquefied petroleum gas is restricted, are hereby established as follows: NOT PERMITTED IN CITY LIMITS OF STEPHENVILLE, TEXAS UNLESS BY SPECIAL PERMIT. Section Seven Establishment of Motor Vehicle Routes for Vehicles Transporting Explosives and Blasting Agents The routes referred to in section 12.7m of the Fire Prevention Code for vehicles transporting explosives and blasting agents are hereby established as follows: AS IN SECTION 12.7M. Section Eight Establishment of Motor Vehicle Routes for Vehicles Transporting Hazardous Chemicals or Other Dangerous Articles The routes referred to in section 20.14 of the Fire Prevention Code for vehicles transporting hazardous chemicals and other dangerous articles are hereby established as follows: AS IN SECTION 20.14. Section Nine Establishment of Fire Lanes on Private Property, Devoted to Public Use The fire lanes referred to in section 28.16 of the Fire Prevention Code are hereby established as follows: AS IN SECTION 28.16. Section Ten Amendments Made in the Fire Prevention Code The Fire Prevention Code is amended and changed in the following respects: Section adopted as written except if in conflict with other local or state law adequately covering subject are amended as follow. i Section Eleven Modifications The Chief of the Bureau of Fire Prevention shall have power to modify any of the provisions of the Fire Prevention Code upon applica- tion in writing 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 the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the Chief of the Bureau of Fire Prevention thereon shall be entered upon the records of the department and signed copy shall be furnished the applicant. Section Twelve Appeals Whenever the Chief of the Bureau of Fire Prevention shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true in- tent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Bureau.of Fire Prevention to City Council within 30 days from the date of the decision appealed. - Section Thirteen New Materials,-Progesses or Occupancies which may Require Permits The City Administrator, the Chief of the Fire Department and the Chief of the Bureau of Fire Prevention shall act as a committee to deter- mine 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 said code. The Chief of the Bureau of Fire Prevention shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. Section Fourteen Penalties a. Any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of 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 'Fire Marshal or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be guilty of a mis- demeanor, punishable by a fine of not less than $10.00 nor more than $200.00 or by imprisonment for not less than 10 days nor more than 90 days or by both such fine and imprisonment. 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 within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense. b. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. I i i 'Section'Fifteen Repeal of Conflicting Ordinances ' I� All former ordinances or parts thereof conflicting'or''nconsistent with the provisions of this ordinance or of the'code'hereby adopted are hereby repealed. Section Sixteen Validity The City council hereby declares that should any section, I paragraph, sentence, or word of this ordinance or of the code hereby adopted be de- clared for any reason to be invalid, it is the intent of City Council that it would have passed all other - portions -of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. Section Seventeen Date of Effect This ordinance shall take effect and be in force from and after its approval'as'tequired-by law. PASSED AND APPROVED this day of I do hereby certify that ''a true °and correct copy of the above and foregoing ordinance was duly published in the Stephenville Empire Tribune in the issue of the day .; ay'of 1973. Publisher, Stephenville Empire Tribune