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HomeMy WebLinkAboutOrdinance No. 09ORDINANCE AN ORDINANCE ADOPTING A UNIFORM FIRE CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, DENTON COUNTY, TEXAS: Section 1. ADOPTION OF UNIFORM FIRE CODE. There is hereby adopted by the City Council of the City of The Colony, Denton County, Texas, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain Code known as the Uniform Fire Code recommended by the Western Fire Chiefs Association and the International Conference of Building Officials being particularly the 1976 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended by Section 7 of this ordinance of which Code not less than three (3) copies have been and are now filed in the office of the clerk of the City Secretary, and the same are hereby adopted and incorporated as fully as if set out at lenght herein, and from the date on which this ordinance shall take effect, the provision thereof shall be controlling within the limits of the corporate limits of the City of The Colony, Denton County, Texas, map of which can be found at the office of the City Secretary, along with the legal metes and bounds. Section 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 The Colony, Denton County, Texas which is hereby established and which shall be operated under the super- vision of the Chief of the Fire Department. (b) The Fire Marshal in charge of the Bureau of Fire Prevention shall be appointed by the Board of Directors of The Colony Volunteer Fire Department on the basis of examination, education and experience to determine his qualifications.v (c) The Chief of the Fire Department may detail such members of the Fire Department as inspectors ane hall from time to time be necessary. The Chief of the Fire Department shall recommend to the Colony Volunteer Fire Department Board of Directors, the employment of technical inspectors, 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 nonmembers of the Fire Department, and appointments made afetr examination shall be for an indefinite term with removal only for cause. Section 3. DEFINITIONS. (a) Whenever the word "jurisdiction" is used in the Uniform Fire Code, it shall be held to mean the limits or territory within which authority may be exercised. (b) Whenever the term "Corporation Counsel" is used in the Uniform Fire Code, it shall be held to mean the Attorney for the City of The Colony, Denton County, Texas. Section 4. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVEGROUND TANKS IS TO BE PROHIBITED. (a) The limits referred to in Section 15.201 of the Uniform Fire Code in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited, are hereby established as follows: 1. No storage of flammable or combustible liquids is permitted within the corporate limits of the City of The Colony, Texas. (b) The limits referred to in Section 15.601 of the Uniform Fire Code, in which new bulk plants for flammable or combustible liquids are prohibited, are hereby established as follows: 1. No storage for new bulk plants for flammable or combustible liquids is permitted within the corporate limits of the City of The Colony, Texas. Section 5. ESTABLISHMENT OF LIMITS IN WHICH BULK STORAGE OF LIQUIFIED PETROLEUM GASES IS TO BE RESTRICTED. The limits referred to in section 20.105(a) of the Uniform Fire Code, in which bulk storage of liquified petroleum gas is restricted, are hereby established as follows: 1. Bulk storage of liquified petroleum gas is restricted within the corporate limits of the City of The Colony, Texas. Section 6. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS TO BE PROHIBITED. The limits referred to in section 11.106(b) of the Uniform Fire Code, in which storage of explosives and blasting agents is prohibited, are hereby established as folows: 1. No storage of explosives and blasting agents is to be permitted within the corporate limits of the City of The Colony, Texas. Section 7. AMENDMENTS MADE IN THE UNIFORM FIRE CODE. The Uniform Fire Code is amended and changed in the following respects: Article 13, Fire Protection; Division II, Fire Controls - (f) Access for the use of heavy fire fighting equipment unobstructed, passable roads and allys, shall be provided for the entire job site at the start of construction and shall be maintained until all construction is completed. This access road will apply to all construction. (g) In all buildings over fifty (50) feet in height, at least one stairway shall be provided in usable condition at all times. This stairway shall be extended upward as each floor is installed in new construction. UNIFORM FIRE CODE - page 2 (h) Arrangements shall be made so that the firemen will have immediate access to the premises when called. Section 8. APPEAL. Whenever the Chief 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 intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief to the City Council of the City of The Colony, Texas within thirty (30) days from the date of the decision. Section 9. NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS. The City Council of the City of The Colony, Texas, the Chief and the Fire Marshall shall act as a committee to determine 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 Fire Marshall shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. Section 10. PENALTIES. (a) Any person who shall violate any of the provisions 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 hereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the City Council of the City of The Colony, Texas or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and non- compliance respectively, be guilty of a misdemeanor, punishable by a fine of not less than $1:00 nor more than $200.00. 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 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. Section 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. Section 12. VALIDITY. The City Council of the City of The Colony, Denton County, Texas hereby declares that should any $eption, 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 the City Council of the City of The Colony UNIFORM FIRE CODE - page 3 Texas 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 13. EMERGENCY AND PUBLIC NECESSITY. It being for the public benefit and Public Welfare, that this Ordinance be now passed, and there being presently no adequate Ordinance of the City of The Colony, Texas regulating with nationally recognized good practice for the safe -guarding to a reasonable degree of life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devises, and from conditions hazardous to life and property in the use or occupancy of buildings or premises within the corporate limits, as hereinabove provided, creates an Emergency and Public necessity requiring the immediate passage hereof, and, requiring the suspension of any and all rules providing for the reading of this Ordinance on more than one occasion, and, such rules are accordingly now suspended, and this ordinance is now placed on its final reading to its passage, and same shall be in full force and effect from and, after its passage, approval and publication. Section 14. GENERAL WELFARE. This Ordinance is Declared to be for the General Welfare. PASSED AND APPPVED at the City of The Colony, Denton County, Texas at ai a 1 Meeting of the City Council, on this ,Lr' day of.�-c 1977. �'iL'y oc me Uoiony, Texas ATTEST: Cit Secretary Ci of The Colony, Texas. (SEAL) UNIFORM FIRE CODE - page 4