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HomeMy WebLinkAbout1991-O-09 - Uniform Fire CodeORDINANCE NO. 1991- 09 AN ORDINANCE ADOPTING THE UNIFORM FIRE CODE, PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS, AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES, REPEALING ORDINANCE OF THE CITY OF STEPHENVILLE, TEXAS ENTITLED FIRE PREVENTION CODE DATED JULY 31 1973 AND ALL OTHER ORDINANCES AND PARTS OF THE ORDINANCES IN CONFLICT THEREWITH. THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS DOES ORDAIN AS FOLLOWS: Sec. 1. ADOPTION OF UNIFORM FIRE CODE. There is hereby adopted by the City of Stephenville for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain Code and Standards known as the Uniform Fire Code, including Appendix Chapters I-C and V-A, published by the Western Fire Chiefs Association and the International Conference of Building officials, being particularly the 1988 edition thereof and the whole thereof, safe and except such portions as are hereinafter deleted, modified or amended by Section 7 of this ordinance one (1) copy of which Code has been and is now filed in the office of the City Secretary and the same is 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 provision thereof shall be controlling within the limits of the City of Stephenville. Sec. 2. ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE PREVENTION. (a) The uniform Fire 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 the chief of the fire department. (b) The fire marshal in charge of the bureau of fire prevention shall be appointed by the mayor, by and with the consent of the city council. (c) The chief of the fire department may detail such members of the fire department as inspectors as shall from time to time be necessary. The chief of the fire department shall recommend to the Mayor and City Council the employment of technical inspectors. Sec. 3. DEFINITIONS. ( a ) Wherever the word "jurisdiction" is used in the Uniform Fire Code, it is the City of Stephenville. (b) Wherever the words "chief of the bureau of fire prevention" are used they shall be held to mean "fire marshal." Sec. 4. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVEGROUND TANKS IS PROHIBITED. The limits referred to in Section 79.501 of the Uniform Fire Code, in which storage of flammable or combustible liquids is restricted are hereby established as follows: such tanks are prohibited inside the city limits of the City of Stephenville, except that such tanks may be located in industrial zoning districts as established by the city council, provided that such ro") tanks are located not less than one hundred (100 ) feet from any residentially zoned or residentially used property. Sec. 5. ESTABLISHMENT OF LIMITS IN WHICH STORAGE OF LIQUEFIED PETROLEUM GASES IS TO BE RESTRICTED. The limits referred to in Section 82.103(a) of the Uniform Fire Code, in which storage of liquefied petroleum gas is restricted, are hereby established as follows: such tanks are prohibited inside the city limits of the City of Stephenville, except that such tanks may be located in industrial zoning districts as established by the city council, provided that such tanks are located not less than one hundred (100) feet from any residentially zoned or residentially property. Sec. 6. ESTABLISHMENTS OF LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS TO BE PROHIBITED. The limits referred to in Section 77.106(b) of the Uniform Fire Code, in which storage of explosives and blasting agents is prohibited, are hereby established as follows: Such explosives and blasting agents are prohibited within the city limits of the City of Stephenville. Sec. 7. AMENDMENTS MADE IN THE UNIFORM FIRE CODE. The Uniform Fire Code is amended and changed in the following respects: Sec. 2.101(c) is hereby added as follows: Sec. 2.101(c) Retroactivity. All buildings and structures that are in existence at the time of the adoption of this Code shall not be required to be brought into conformance with the requirements of this code [except as provided in Sec. 2.101(b)] unless such building changes owner, occupant or occupancy(as defined in this code), at which time it shall be required to meet the requirements for the new occupancy. Sec. 2.201(b) is hereby amended by changing the "Uniform Code for the Abatement of Dangerous Buildings" as referred to in the last sentence to the "Dangerous Buildings Abatement Code." Sec. 2.303 is hereby amended by changing the words "fire chief" in the second sentence to "chief of the bureau of fire prevention." Sec. 2.303(b) is hereby added as follows: Sea. 2.303(b) in the absence of a board of appeals as specified in Sec. 2.303(a), the city council shall serve as such board. eo"� Sec. 2.304(a) Uniform Fire Code Standards. is hereby deleted. Sec. 9.118 is hereby amended by adding the following definition: PERMIT, as referred to in this Code shall be held to mean approval by the chief. Such approval may be verbal or in writing at the option of the chief. Sec. 11.101 is hereby amended as follows: (a) Permit Required. For permits to kindle or maintain any bonfire or rubbish fire, see Section 4.108. (b) Location Restricted. No person shall kindle or maintain any bonfire or rubbish fire or authorize any such fire to be kindled or maintained on any private land unless (1) the location is not less than 50 feet from any structure and adequate provision is made to prevent fire from spreading to within 50 feet of any structure, or ( 2 ) the fire is contained in an approved waste burner located safely not less than 15 feet from any structure. (c) Substances that may be burned. Substances that may be permitted to be burned include leaves, brush and other dry vegetation, provided that it is piled or contained within an approved waste burner. Substances that may not be burned include construction and demolition waste, any asphalt materials, tires, substances containing oil or grease, synthetic materials, garbage or any other substance that will produce unreasonable amounts or smoke or unreasonably heavy smoke. (d) Quantities that may be burned. The maximum aggregate quantity that may be burned at any one site shall be 3 cubic yards. The maximum quantity that may be burned at any one time is 1 cubic yard. (e) Attendance. Bonfires and rubbish fires shall be constantly attended by a competent person until such fire is extinguished. This person shall have a garden hose connected to the water supply, or other fire -extinguishing equipment that is capable of controlling and extinguishing the fire readily available for use. (f)Hours of Burning. Burning must begin after 9:00 AM and must be completely extinguished before sundown. (g) Weather Conditions. No burning shall take place when the wind is, or is predicted to be less than 5 MPH nor greater than 20 MPH. No burning shall take place when atmospheric conditions are, or are predicted to be such that the smoke will not readily rise and dissipate. (h)Offensive Conditions Prohibited. Outdoor burning shall not be conducted in such a manner that it is offensive to any person or persons in the area. (i) Chief May Prohibit. The chief may prohibit any or all bonfires and outdoor rubbish fires when atmospheric conditions or local circumstances make such fires hazardous. Sec. 11.208 (b) and (c) regarding Parade Floats is hereby amended as follows: Sec. 11.208(b). All decorative materials used in the construction of parade floats that are constructed on a motorized vehicle in which the operator of such vehicle is concealed, obstructed or in any way hindered from escaping the operator area, shall be fire resistive or flame retardant. Sec. 11.208 (c), All parade floats referred to in section 11.208 (b) shall be provided with at least two approved portable fire extinguishers of at least 2-A:10-B:C rating. One such extinguisher shall be readily accessible to the operator, the other shall be readily accessible to the other occupants of the float. Sec. 8. APPEALS. Whenever the chief disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code has been misconstrued or wrongly interpreted, the application may appeal from the decision of the chief to the Board of Appeals as referred to in Section 2.303 of this Code within 30 days from the date of the decision appealed. Sec. 9. NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS. The City Administrator, the chief and the chief of the bureau of fire prevention shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies for which permits are required 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. Sec. 10. PENALTIES. (a) Any person who shall violate any of the provision of this 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 has affirmed or modified by the Board of Appeals as specified in Sec. 2.303 of this code 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 misdemeanor, punishable by a fine of not less than $50.00 nor more than $500.00. 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 day's continuation of the violation shall constitute a separate offense. (b ) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. Sec. 11. REPEAL OF CONFLICTING ORDINANCES. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or of the Code hereby adopted are hereby repealed. Such ordinances that are hereby repealed include, but are not limited to the following: Chapter 9, Article III. Fire Prevention Code. of the Code of Ordinances of the City of Stephenville; Sec. 11-2. Sale, exhibit of fireworks. of the Code of Ordinances of the City of Stephenville; and Sec. 11-3 . Discharging fireworks. of the Code of Ordinances of the City of Stephenville. Sec. 12. VALIDITY. The City Council of the City of Stephenville hereby declares that should any section, paragraph, sentence or word of this ordinance or of the Code hereby adopted be declared for any reason to be invalid, it is the intent of City Council of the City of Stephenville 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. Sec. 13. DATE OF EFFECT. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect thirty ( 30 ) days from and after the date of its passage and adoption. PASSED and APPROVED this 4tb day of ATTEST. June Georgeo0twearingen, Mayor F , ZZ J ce,- emberton, City Secretary , 1991.