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HomeMy WebLinkAboutOrdinance 0653 r ORDINANCE NO. 653 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS ADOPTING A FIRE PREVENTION CODE; PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION. ESTAB- LISHING A BUREAU OF FIRE PREVENTION; ESTABLISHING A BOARD OF APPEALS; PROVIDING FOR A PENALTY OR A FINE NOT LESS THAN $10.00 NOR MORE THAN $200.00 FOR FIRE LANE VIOLATION; PROVIDING FOR A PENALTY OF A FINE NOT LESS THAN $25.00 NOR MORE THAN $200.00 FOR VIOLATION OF ANY OTHER PORTION OF ORDINANCE NO. 653; ADOPTING A SAVINGS CLAUSE AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUflCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that; Section 1. An ordinance to provide the City of North Richland Hills, Texas, with rules and regulations to improve public safety by promoting the control of fire hazards; regulating the installation, use, and maintenance of equipment; regulating the use of structures, premises, and open areas; providing for the abatement of fire hazards; establishing the responsibilities and procedures for code enforcement; and setting forth the standards for compliance and achievement of the objects. This Code shall be known as the City of North Richland Hills Fire Prevention Code. This code adopts the Fire Prevention Code of the National Fire Protection Association, NFPA No.1 and its incorporated standards and codes as published in the National Fire Codes of the National Fire Protection Association and listed in Annex A of the NFPA Fire Prevention Code and being particularly the 1975 edition thereof, save and accept those portions such as are hereinafter deleted, modified, or amended by Section 18 of this ordinance. The same are hereby adopted and incorporated as fully as if set out at length herein. Not less than Two copies of the adopted issue of the Fire Prevention Code of the National Fire Protection Association, NFPA No.1, and the adopted standards and codes of the National Fire Codes shall be filed in the office of the City Secretary and the provisions thereof shall be controlling limits of the City of North Richland Hills, Texas. Section 2. It shall be unlawful for any person to violate this ordinance, to permit or maintain such a violation, to refuse to obey any provision thereof, or fail to refuse to comply with any such provision or regulation except as variation may be allowed by the action of the Fire Marshal in writing. Proof of such unlawful act or failure shall be deemed prima facie evidence that such act is that of the owner or other person in control of the premises. Prosecution or lack thereof of either the owner, occupant, or the person in charge shall not be deemed to relieve any of the others. Section 3. The Fire prevention Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the City of North Richland Hills which is hereby established and which shall be operated under the supervision of the City Manager or Fire Chief. The City Manager of the City of North Richland Hills shall appoint the Fire Marshall either/or by examination or interview for determining his qualifications and shall on the authority of the City Manager assure and accomplish the duties of Fire Marshall. The Fire Marshall will be the administrator of the Bureau of Fire Prevention and shall be responsible for the direct administration and enforcement to the Fire Prevention Code of the National Fire Protection Association, NFPA No. 1 as may be set forth by the City Manager or Fire Chief of the City of North Richland Hills. 2 The Fire Chief of the City of north Richland Hills, Fire Department may also designate such number of Technical Inspectors or Investigators as shall from time to time be authorized by the City Manager, City Council of the City of North Richland Hills. Such Technical Inspectors and/or Investigators shall be selected through an examination and interview to determine their fitness for the position and comply with the Texas Commission on Fire Protection Personnel Standards and Education. Section 4. It shall be the duty of the officers of the bureau of Fire Prevention to enforce all laws and ordinances of North Richland Hills, covering the following: 1. The prevention of fires; 2. The storage and use of explosives and flammables; 3. The installation and maintenance of automatic and other fire alarm systems, and fire extinguishing equipment; 4. The maintenance and regulation of fire escapes; 5. The means and adequacy of exit in case of fire, from factories, schools, hotels, lodging houses, asylums, hospitals, churches, halls, theaters, amphitheaters, and all other places in which numbers of persons work, live, or congregate, from time to time, for any purpose; 6. The investigation of the cause, origin, and circumstances of fires; 7. The maintenance of fire cause and loss records. They shall have such other powers and perform such other duties as are set forth in other sections of this ordinance, and as may be conferred and imposed from time to time by law. The Fire Chief of North Richland Hills Fire Department may delegate any of his powers or duties under this ordinance to the Fire Marshal. Section 5. It shall be the duty of the Fire Marshal of the City of North Richland Hills Fire Department to investigate and to recommend to the North Richland Hills City Council such additional ordinances, or anlendments to existing ordinances, as he may deem necessary for safeguarding life and property against fire. Section 6. The City Manager or Fire Chief of the City of North Richland Hills shall prepare instructions for the Fire Marshal and his assistants, and forms for their use in the reports required by this ordinance. 3 Section 7. The Bureau of Fire Prevention shall investigate the cause, orlgln, and circumstances of every fire occurring in the City of North Richland Hills by which property has been destroyed or damaged and, so far as possible, determine whether the fire is the result of carelessness or design. Such investigations shall begin immediately upon the occurrence of such a fire. The Fire Marshall shall take charge immediately of the physical evidence, shall notify the proper authorities designated by law to pursue the investigation of such matters, and shall further cooperate with the authorities in the collection of evidence and in the prosecution of the case. Every fire shall be reported in writing to the Bureau of Fire Prevention within Three (3) days after the occurrence of the same by the Fire Department officer in whose jurisdiction such a fire has occurred. Such report shall be in such form as shall be prescribed by the Fire Marshal of the City of North Richland Hills, and shall contain a statement of all facts relating to the cause, origin, and circum- stances of such fire, the extent of the damage thereof, and the insurance upon such property, and such other information as may be required, including the injury, death, or rescue of persons. Section 8. Before permits may be issued as required by this Code, the Fire Marshal or his assistants shall inspect and approve the receptacles, processes, vehicles, buildings, or storage places to be used for any such purposes. Section 9. The Fire Marshal shall inspect or cause to be inspected all premises on a periodic basis, and shall make such orders as may be necessary for the enforcement of the laws and ordinances governing the same and for safeguarding of life and property from fire. Section 10. Whenever any inspector, as defined above, shall find in any building, or upon any premises or other places, combustible or explosive matter or dangerous accumulations of rubbish or unnecessary accumulation of waste paper, boxes, shavings, or any highly flammable materials especially liable to fire, and which is so situated as to endanger property; or shall find obstructions to or on fire escapes, stairs, passageways, doors, or windows, liable to interfere with the operations of the Fire Department or egress of occupants in case of fire, he shall order the same to be removed or remedied, and such order shall forthwith be complied with by the owner or occupant of such premises or buildings, subject to the appeals procedure provided for in the Fire Prevention Code of the National Fire Protection Association, NFPA No.1. Any Owner or occupant failing to comply with such order within a reasonable period after the service of the said order shall be liable to penalties as hereinafter provided. The service of any such order may be made upon the occupant of the premises to whom it is directed, either by delivering a copy of same to such occupant personally or by delivering the same to and leaving it with any person in charge of the premises, or in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of said premises. Whenever it may be necessary to serve such an order upon the owner of premises, such order may be served either by delivering to and leaving with said person a copy of the said order, or, if such owner is absent from the jurisdiction of the officer making the order, by mailing such copy by certified mail to the owner's last known post office address. ~ Section 11. The Fire Marshal shall compile and keep a record of all fires and of all facts concerning the same, including injuries, rescue of persons and statistics as to the extent of such fires and the damage caused thereby, and whether such losses were covered by insurance, and if so, in what amount. Such record shall be made daily from the reports made by Technical Inspectors under the provisions of this ordinance. All such records shall be public. Section 12. The Fire Marshal shall make an annual report of the activities of the Bureau of Fire Prevention and shall transmit this report to the Chief Officer of the City of North Richland Hills through the City Manager or Fire Chief of the City of North Richland Hills. The report shall contain all proceedings under the Fire Prevention Code of the National Fire Protection Association, NFPA No.1, with such statistics as the Fire Chief may wish to include therein. Section 13. The City Manager or Fire Chief of the City of North Richland Hills or the Fire Marshall shall also recommend any amendments to the Fire Prevention Code of the National Fire Protection Association, NFPA No.1, or ordinance which, in his judgement, shall be desirable. Section 14. The provisions of the Fire Prevention Code of the National Fire Protection Association, NFPA No.1, shall apply equally to both public and private property, and shall apply to all structures and their occupancies, except as otherwise specified. Section 15. This act shall be deemed in exercise of the police powers of the City of North Richland Hills for the preservation and protection of the public health, peace safety, and welfare, and all provisions of the Fire Prevention Code of the National Fire Pretection Association, NFPA No.1, shall be liberally construed for that purpose. Section 16. Any person who shall violate any of the provisions of the Code hereby adopted; or shall fail to comply therewith; or shall violate or fail to comply with any order made thereunder; or shall build in violation of any details, state- ments, specifications, or plans submitted or approved thereunder; or shall operate not in accordance with the provisions any certificate, permit, or approval issued thereunder, and from which no appeal has been taken; or who shall fail to comply with such order as affirmed or modified by the Fire Marshal or by a court of compentent jurisdiction within the time fixed herein shall severally for each and every violation and noncompliance, respectively, be guilty of a misdemeanor punish- able by a fine not less than Twenty-Five Dollars ($25.00) nor more than Two-Hundred Dollars ($200.00). 5 The imposition of a penalty for any violation shall not excuse the violation nor shall the violation be permitted to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time, and when not otherwise specified, the application of the above penalty shall not be held to prevent the enforcement removal of prohibited conditions. Section 17. A board of Appeals is hereby established consisting of Three (3) members and Two (2) alternate members who shall be appointed by the Mayor and approved by the City Council by reason of education, experience, and knowledge, and are deemed to be competent to sit in judgement on matters concerning the Fire Prevention Code of the National Fire Protection Association, NFPA No. 1 and its enforcement. The members shall serve for a term of Two (2) years, except for the initial appointees which shall serve as follows: Number One (l) for a term of One year; number Two for a term of Two years; and number Three for a term of Three years. Section 18. The Fire Prevention Code of the National Fire Protection Association, NFPA No.1, is amended and changed in the following respects: Appendix D, Section 16, Penalty for Fire Lane violation shall be not less than Ten Dollars ($10.00) nor more than Two Hundred ($200.00). Section 19. The following Appendices of the Fire Prevention Code of the National Fire Protection Association NFPA No.1, are hereby included as a part of North Richland Hills Fire Prevention Code save and except those portions which are deleted, modified or amended by Section 18 of this Ordinance. The same are hereby adopted and incorporated as fully as set out at length herein. Annex A Each of the following codes and standards, published by the National Fire Protection Association, 470 Atlantic Avenue, Boston, Massachusetts 02210 is adopted in its entirety as a supplement and addition to the Code text of the Fire Prevention Code of the National Protection Association as if the same were incorporated and set forth at length therein. NFPA codes and standards that are current as of April 1, 1976 are adopted. The adoption of the printed volumes of the National Fire Codes which contain the following NFPA codes and standards shall be deemed as meeting the intent of this Section. In this situation the edition of the applicable individual NFPA code or standard will be as printed in the adopted volumes. NFPA NO. Genera' Fire Protection 70 76B National Electrical Code Standard for the Safe Use of Electricity in Patient Care Areas of Health Care Facilities ~ 6 General Fire Protection NFPA No. 78 701 702 Lightining Protection Code Standard Methods of Fire Tests for Flame-Resistant Textiles and Films Standard for Classification of the Flammability of Wearing Apparel Occupancy Protection 32 76A Standard for Drycleaning Plants Standard for Essential Electrical Systems for Health Care Facilities 87 Standard for the Construction and Protection of Piers and Wharves 101 Code for Safety to Life from Fire in Buildings and Structures 102 Standard for Tents, Grandstands and Air-Supported Structures Used for Places of Assembly 30 31 321 Flammable and Combustible Liquids Flammable and Combustible Liquids Code Standard for the installation of Oil Burning Equipment 327 Standard on Basic Classification of Flammable and Combustible Liquids Standard Procedures for Cleaning and Safeguarding Small Tanks and Containers 385 Recommended Regulatory Standard for Tank Vehicles for Flammable and Combustible Liquids Standard for Portable Shipping Tanks Standard for Storage of Flammable and Combustible Liquids on Farms and Isolated Construction Projects 386 395 Compressed and Liquefied Gases 50 50A Standard for Bulk Oxygen Systems at Consumer Sites Standard for Gaseous Hydrogen Systems at Consumer Sites 7 NFPA No. Compressed and Liquefied Gases 50B Standard for Loquefied Hydrogen Systems at Consumer Sites 51A Standard for Acetylene Cylinder Charging Plants 56A Standard for the Use of Inhalation Anesthetics (Flammable and Nonflammable) 56B 56F 58 Standard for Inhalation Therapy Standard for Nonflammable Medical Gas Systems Standard for the Storage and Handling of Liquefied Petroleum Gases 59 Standard for the Storage and Handling of Liquefied Petroleum Gases at Utility Plants 59A Standard for the Production, Storage and Handling of Liquefied Natural Gas (LNG) Hazardous Materials and Processes 33 Standard for Spray Application Using Flammable and Combustible Materials 34 Standard for Dip Tanks Containing Flammable or Combustible Liquids 35 36 40 Standard for the Manufacture of Organic Coatings Standard for Solvent Extraction Plants Standard for the Storage and Handling of Cellulose Nitrate Motion Picture Film 41L 42 Code of Model Rocketry Standard for the Storage, Handling and Use of Pyroxylin Plastic in Factories 43 Standard for the Storage and Sales of Pyroxylin Plastic in Warehouses and Wholesale~ Jobbing and Retail Stores 43A Code for the Storage of Liquids and Solid Oxidizing Materials 44A Code for the Manufacture~ Storage and Transportation of Fireworks 48 Standard for the Storage, Handling and Processing of Magnesium 51 Standard for the Installation and Operation of Oxygen Fuel Gas Systems for Welding and Cutting 9 NFPA No. Hazardous Materials and Processes 51B Standard for Fire Prevention in Use of Cutting and Welding Processes 56C 57 61A Safety Standard for Hospital Laboratories Standard for Fumigation Standard for the Prevention of Dust Explosions in Starch Factories 618 Standard for the Prevention of Fire and Dust Explosions in Grain Elevators and Bulk Grain Handling Facilities 61C Standard for the Prevention of Dust Explosions in Flour and Feed Mills 61D Standard for the Milling of Agricultural Commidities for Human Consumption 62 Standard for the Prevention of Dust Explosions in the Production, Packaging and Handling of Pulverized Sugar and Cocoa 65 481 Standard for the Processing and Finishing of Aluminum 490 Standard for the Production, Processing, Handling and Storage of Titanium Code for the Storage of Ammonium Nitrate 495 Code for the Manufacturing, Transportation, Storage and Use of Explosive Materials Standard for the Prevention of Dust Explosions in the Manufacture of Aluminum or Magnesium Powder 651 653 Standard for the Prevention of Dust Explosions in Coal Preparation Plants 654 Standard for the Prevention of Dust Explosions in the Plastics Industry 655 656 Standard for the Prevention of Sulfur Fires and Explosions Standard for the Prevention of Dust Ignitions in Spice Grinding Plants 657 Standard for the Prevention of Dust Explosions in Confectionery Manufacturing Plants Standard for the Prevention of Dust Explosions in Woodworking and Wood Flour Manufacturing Plants 664 9 NFPA No. Transportation 88A Standard for Parking Structures 88B 302 Standard for Repair Garages Fire Protection Standard for Moror Craft (Pleasure and Commercial) 303 306 Fire Protection Standard for Marinas and Boat yards 312 Standard for the Control of Gas Hazards on Vessels to be Repaired Standard for Fire Protection of Vessels During Construction, Repair, and Lay-Up Standard for Aircraft Fuel Servicing Including Aircraft and Fueling Hose, Aircraft Fuel Servicing Tank Vehicles, and Airport Fixed Fueling Systems 407 408 409 415 416 Standard on Aircraft Hand Fire Extinguishers Standard on Aircraft Hangars Standard on Aircraft Fueling Ramp Drainage Standard on Construction and Protection Airport Terminal Buildings 417 Standard on Construction and Protection of Aricraft Loading Walkways 418 498 SOIA Standard on Roof-Top Heliport Construction and Protection Standard for Explosive Motor Vehicle Terminals Standard for Mobile Home Parks 501B 501C Standard for Mobile Homes 501D 505 Standard for Recreational Vehicles (Travel Trailers, Camping Trailers, Truck Campers, Motor Homes) Installation of Plumbing, Heating and Electrical Systems Standard for Recreational Vehicle Parks Standard for Type Designations Areas of Use, Maintenance and Operation of Powered Industrial Trucks 513 Standard for Motor Freight Terminals 10 NFPA No. Fire Extinguishing Systems 11 llA Standard for Foam Extinguishing Systems Standard for High Expansion Foam Systems (Expansion Ratios form 100:0 to 100:1) Standard on Synthetic Foam and Combined Agent Systems lIB 12 12A Standard on Carbon Dioxide Extinguishing Systems Standard on Halongenated Fire Extinguishing Agent Systems- Halon 1301 128 Standard on Halongenated Fire Extinguishing Agent Systems- Halon 1211 13 14 Standard for the Installation of Sprinkler Systems Standard for the Installation of Standpipes and Hose Sys tems Standard for Water Spray Fi xed Systems for Fire Protection 15 16 Standard for the Installation of Foam~Watpr Sµri~k)er Systems and Foam-Jater Spray Systems 17 18 20 21 Standard for Dry Chemical Extinguishing Systems Standard on Wetting Agents Standard for the Installation of Centrifugal Fire Pumps 22 24 26 Standard for the Operation and Maintenance of National Standard Steam Fire Pumps Standard for Water Tanks for Private Fire Protection Standard for Outside Protection Standard for the Supervision of Valves Controling Water Supplies for Fire Protection 194 Standard for Screw Threads and Gaskets for Fire Hose Connections 196 198 Standard for Fire Hose Standard for Care of Fire Hose (Including Couplings and Nozzels) 11 NFPA No. Portable Fire Extinguishers 10 Standard for the Installation, Maintenance and Use of Portable Fire Extinguishers Fire Warning Systems 71 Standard for the Installation, Maintenance and Use of Central Station Signaling Systems for Guard, Fire Alarm, and Supervisory Service 72C Standard for the Installation, Maintenance and Use of Remote Station Protective Signaling Systems 72E 73 Standard on Automatic Fire Detectors Standard for the Installation, Maintenance and Use of Municipal Fire Alarm Systems 81 231 231B Storage Standard for Fur Storage, Fumigation and Cleaning Standa rd for Indoor General Storage Standard for Storage of Cellular Rubber and Plastics Ma te ri a 1 Standard for Rack Storage of Materials Standard for the Protection of Records 231C 232 Building Construction and Facilities 37 Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines 54 National Fuel Gas Code 56D 56E 60 Standard for Hyperbaric Facilities Standard for Hypobaric Facilities Standard for the Installation and Operation of Pulverized Fue 1 Sys terns 66 Standard for Pneumatic Conveying Systems for Handling Feed, Flour, Grain and Other Agricultural Dusts 12 NFPA No. Building Construction and Facilities 69 75 79 80 82 85 Standard on Explosion Prevention Systems Standard for the Protection of Electronic Computer/Data Processing Equipment Electrical Standard for Metalworking Machine Tools Standard for Fire Doors and Windows Standard on Rubbish Handling and Incinerators Standard for Prevention of Furnace Explosions in Fuel Oil and Natural Gas-Fired Watertube Boiler-Furnaces with One Burner 85B Standard for the Prevention of Furnace Explosions in Natural Gas-Fired Multiple Burner Boiler-Furnaces 85D Standard for Prevention of Furnace Explosions in Fuel Oil-Fired Multiple Burner Boiler-Furnaces 85E Standard for Prevention of Furnace Explosions in Pulverized Coal-Fired Multiple Burner Boiler-Furnaces 86A Standard for Ovens and Furnaces, Design, Location and Equipment 86B Standard for Industrial Furnaces, Design, Location and Equipment 86C Standard for Industrial Furnaces Using a Special Processing Atmosphere 90A Standard for the Installation of Air-Conditioning and Ventilation Systems 90B Standard for the Installation of Residence Type Warm Air Heating and Air-Conditioning Systems 91 Standard for the Installation of Blower and Exhaust Systems for Dust, Stock, Vapor Removal or Conveying 96 Standard for the Installation of Equipment for the Removal of Smoke and Grease-Laden Vapors from Commercial Cooking Equipment 211 Standard for Chimneys, Fireplaces and Vents 214 Standard on Water Cooling Towers 220 Standard Types of Building Construction 224 Standard for Homes and Camps in Forest Areas 13 NFPA No. Building and Construction and Facilities 241 Standard for Safeguarding Building Construction and Semolition Operations 251 Standard Methods of Fire Test of Building Construction and Materials 252 255 Standard Methods of Fire Tests of Door Assemblies Methods of Test of Surface Burning Characteristics of Burning Materials 256 257 493 Methods of Fire Tests of Roof Coverings Standard for Fire Test of Window Assemblies Standard for Intrinsically Safe Process Control Equipment for Use in Class 1 Hazardous Locations 703 Standard for Purged and Pressurized Enclosures for Electrical Equipment in Hazardous Locations Standard for Treatments of Building Materials 496 14 Appendix B The Fire Marshal will use the provlslons of these Standards, Recommendations, Recommended Practices, Manuals, Guides and Model Laws as appropriate criteria for meeting the intent of the Fire Prevention Code of the National Fire Protection Association in thise cases. The dates or editions of the following publications shall be as published in the adopted issue of the National Fire Codes unless otherwise specified. NFPA No. Titl e 3M 6 Manual on Hospital Emergency Preparedness Recommendations for Organization of Industrial Fire Loss Prevention 7 Recommendations for Management Control of Fire Emergencies 10L Model Enabling Act for the Sale or Leasing and and Servicing of Portable Fire Extinguishers 13A Recommended Practice for the Care and Maintenance of Sprinkler Systems 25 Recommended Practice for Water Supply Systems for Rural Fire Protection 27 Recommendations for Organization, Training and Equipment of Private Fire Brigades 41L 46 Code for Model Rocketry Recommended Safe Practices for Outdoor Storage of Forest Products 46A 46B 47 Recommended Practices for Outdoor Storage of Wood Chips 49 53M Recommended Safe Practices for Outdoor Storage of Logs Recommended Safe Practices for Retail and Wholesale Lumber Storage Yards Hazardous Chemical Data Fire Hazards in Oxygen-Enriched Atmospheres 56HM Manual for the Home Use of Inhalation Therapy 63 Fundamental Principles for the Prevention of Dust Explosions in Industrial Plants 15 NFPA No. Title 68 70A Guide for Explosion Venting ANSI Standard Electrical Code for One- and Two Family Dwellings 70B Recommended Practice for Electrical Equipment Maintenance 70C 72A Hazardous Locations Classification Standard on Installation, Maintenance and Use of Local Protective Signaling Systems for Watchmen, Fire Alarm and Supercisory Service 72B Standard for the Installation, Maintenance and Use of Auxiliary Protective Signaling Systems for Fire Alarm Service 72D Standard for the Installation, Maintenance and Use of Proprietary Protective Signaling Systems for Watchmen, Fire Alarm and Supervisory Service 74 Standard for the Installation, Maintenance and Use of Household Fire Warning Equipment Manual for the Safe Use of High-Frequency Electrical Equipment in Hospitals 76CM 77 80A Recommended Practice on Static Electricity Recommended Practice for Protection of Buildings from Exterior Fire Exposures 89M Manual on Clearance for Heat Producing Appliances Manual on Waterproofing and Draining of Floors Manual on the Hazards of Vaporizing Liquid Extinguishing Agents 92M 182M 203M Manual on Roof Coverings 204 206M Guide for Smoke and Heat Venting Guide on Building Areas and Heights 231A 232AM Recommended Safe Practices for Outdoor General Storage Manual for Fire Protection for Achive and Record Centers 16 Appendix C FIRE SAFETY REGULATIONS It shall be illegal for any person to throw or place, or cause to be thrown or placed, any lighted match, cigar, cigarette, matches, or other flaming or glowing substance or thing substance or thing on any surface or article where it may cause or start at fire. Any person who deliberately, or through negligence, sets fire to or causes the burning of any bedding, furniture, rug, curtain, drape, or other combustible material in such a manner to endanger the safety of any person or property shall be deemed to be in violation of Ordinance No. h;;3, of the City of North Richland Hills. The person discovering any fire, regardless of magnitude, shall: 1. Immediately notify the person in charge of the premises and all occupants and guests in the immediate vicinity of the fire. 2. Notify the Fire Department - 281-1000. 3. Evacuate the area by use of the stairs or other access to to the outside. Do not use the elevators. Do not take time to gather personal belongings. If the fire prohibits evacuation, keep the door to your room closed; attempt to seal cracks which are letting in smoke; open an exterior window if possible (top and bottom); and stay close to the floor. 17 Appendix D 1. Required access for Fire Apparatus means Fire lanes, roads, paths or other passage of fire apparatus through con- gested areas (both built-up and wildland) will be identified by either red lines 411 in width or signs stating No Parking- Fire Lane. 2. Trash Dumpers will not be placed within: (a) Twenty feet of a structure. (b) Twenty feet of a parked vehicle. 3. Boiler and/or Furnace rooms will: (a) Be kept clean and free of combustable material. (b) (c) (d) Not to be used for storage of any type. Not to be used as work or maintenance shop. Not to be used as janitorial shop. 4. Fire Hydrants will have a clearance of fifteen feet at all times. 5. Parking of flammable loaded or unloaded tank vehicles is prohibited on city streets or residential areas. Tank vehicles will not be parked in public garages. Permissible parking locations for tank vehicles may be requested as property zoned for aboveground oil stòrage, for example the ordinary bulk oil plant, should be a location where tank vehicles can be parked without any undue increase in hazard to the public. All tank vehicle parking must be approved by the Fire Chief or Fire Marshal. 6. NFPA 101 Section 4-115, all buildings which have sleeping accommodations, except one family and two family dwellings, will have smoke detectors installed and in operating condition at all times. 18 Appendix E E-1-2.4.1 It is realized that many jurisdictions may have other laws which may conflict in part with this Code and the adopted codes and standards. The jurisdiction should attempt to adjudicate these differences in the adoption ordinance of this Code. Many times differences will arise as the result of techonlogical changes or newer code or standard editions being published. Nothing in this Code is intended to limit architectural or engineering design or initiative. The intent of this section is to set forth a procedure for settling conflicts with other laws without attempting to enumerate all the conflicts that may be anticipated i n 1 oca 1 1 aw . E-1-2.4.2 It is recognized that oftentimes state or federal governments will require certain licensing in some areas and that this procedure will often preempt local prerogative. The intent of the permit requiresments established by this Code is not to duplicate any permit, licensing, or approval if the basic purpose for which the state or federal government issued the permit, license or approval was for fire or life safety. (See Appendix E-1-7.) ~-1-2.5 Thè standards and codes of the National Fire Protection Association i ntended,for complete adopti on and enforcement under th i s Code are 1 i s ted in Annex A~~o simplify the code updating process. Dates (editions) of the respective codes and standards have also been omitted in the Code text in order to facilitate updating of the Code. The adoption of a particular year of issue of the National Fire Codes will automatically establish the date of the adopted standard or code unless specifically changed by further ordinance. It is recommended that the adopted edition dates of the National Fire Codes be updated not more often than once every three years unless radical changes are made in codes and standards on a more frequent basis as a result of technological changes, new information about fire hazards or methods for controlling fire hazards. Individual jurisdictions must determine their own need for change. The use of alternates is intended to allow for the use of a newer standard provision during those in-between times. E-1-3 General Fire Departments and fire officials are granted certain rights and authority under other laws of ajurisdiction, particularly a charter. If the Fire Department and responsible fire officials have not been granted fire supression activity authorization, the jurisdiction adopting this Code may also wish to make all, or a portion of, Appendix F of this Code a part of the fire prevention code of this jurisdiction. E-1-3.1 It is recommended that Fire Departments not having a Bureau of Fire Prevention establish such an agency for carrying out the duties of this Code. The agency should have the responsibility for accomplishing fire inspections and fire investigation functions. A necessary part of fire inspection duties would be the review of all construction and remodeling plans. This latter function should be accomplished in concert with the Building Department of the jurisdicition. Particular attention should be paid to those items relative to: exits; construction for the restiction of fire travel; hazardous material storage, use, handling or manufacture; hazardous processes; all fire protection equipment; and such other matters that may be of interest or concern to the Fire Department. E-1-3.3 Alternatives are to serve as a means for utilizing new methods, technologies, and design initiative which provide an equivalent or better level of fire safety when compared with the effects of the existing code requirements. 19 Appendix E E 1-5 The jurisdiction must clearly spell out and publicize the procedure for seeking relief from a decision of the Fire Marshal or relief from a particular code provision. A procedure is set forth in Appendix G for guidelines to the jurisdiction desiring to include a formal appeals procedure as part of their fire prevention code. E-1-6.1 Oftentimes local police or penal codes will establish the violation class and punishment for various fire prevention code or fire~related offenses. For those jurisdictions using this Code and not having other specific provisions concerning violations of code requirements, Appendix H~ E-1.7 Fire prevention inspections do not, and from the practical stand- point, cannot, occur at a sufficient frequency to provide an opportunity to maintain constant rein on situations known to generate extra-hazardous conditions. The Permit System provides the local authority with a mechanism for control before the fact instead of during or after the fact. Permits are not intended to be used as a revenue source for the jurisdiction. The purpose of the permit is to establish that level of use when the Fire Department has reason to become involved in ensuring that code provisions have been complied with. Permits are not intended to limit quantities other than establishing that point of Fire Department involvement. Restrictions on quantities and other provisions for the storage, handling and use of hazardous materials are set forth in other provisions of this Code and the NFPA codes and standards listed in Annex A of this Code. Each jurisdiction must derermine its need for control of this type and how it wishes to administer this control. Appendix I is a guideline for the development of a local permit system. The jurisdiction must publicize its chosen permit system. i1 any, in accordance with the local law on public notices and hearings. E-1-7.1.2 Permits should be issued on a basis sufficient to ensure that code provisions and permit conditions are being followed consistenly. Personnel ~orkload limitations may prohibit an annual renewal and may be the deciding factor ln establishing permit time limits. Different time limits may be imposed upon different categories of permits but this is generally not administatively desirable. E-1-7.2 In the development of the permi t requi rements of the NFPA Fire Prevention Code (see Appendix I), it was determined that this Code should attempt to regulate the hazard and not the occupancy except for the relationship that the occupancy places upon the degree of the hazard. The categories listed in Section 1-7.2 of this Code are deemed to be necessary areas in which code compliance is critical because of the extra hazard presented to life or the property of others. Details on quantities or the level of Fire Department involvement were felt to be a local prerogative and therefore åre included in Appendix [ of thï s Code. E-1.7.2.4 Oftent'imes an industrial firm will be involved in more than one operation or use more than one hazardous material in the conduct of its business. The permit system can become an administrative headache to both the industrial firm and the Fire Marshal if permits are to be handled on an individual basis. The consilidated permit for a prorated fee is the best known method for 20 Appendix E providing control of these operation or materials without creating an administrative problem or nuisance. Inspections for Code compliance on a periodic could easily suffice as the required inspection for permits. The consolidated permit should include all likely materials or operations that could be expected during the permit period and the Fire Marshal should be notified of any changes so permit records can be modified. E-1-7.3.1 Fees for permit inspection and issuance should be based on the time incolced and monies expended to process the permit. E-1-8.1 The intent of this section is not to set up the Fire as an approval agency but is included to give the Fire Department some authority in those cases where specific code provisions do not exist. that no code can be written which will be all-inclusive. Department judgmental It is realized E-1-9 This section is intended to give the Fire Department some control over individuals performing installation or maintenance work on fire control, fire warning or fire extinguishing or conducting hazardous activities. The certificate of fitness is intended to assure the public that workmen hired for a specific purpose are capable of performing in a competent manner generally in accordance with accepted codes of good practice. E-3-1.1.2 It is recognized that large industrial concerns in some jurisdictions adopting this Code may have better fire fighting capabilities of their own than what may be provided by the jurisdiction. This exception is not intended to limit this proprietary capability nor should it be abused so as to weaken the powers of this Code below an effective level. E-3-1.1.7 This section is not intended to apply to periodic shutdowns for maintenance purposes when such shutdown is for a period of eight hours or less. E-3-4.1 The Fire Chief may detail fire department personnel for stand-by duties to those places of assembly or other locations where it is deemed necessary for fire safety reasons or where there is a likeihood of Code violations being prevalent which may create hazardous situations. Generally this right would be exercised where large crowds are expected in places of assembly or during the visit of dignitaries. E-3-4.3.2 Acceptable fir~ tests ar1: those described in the appropriate NFPA code or standard and include, but are not limited to, Methods of Test of Surface Burning Characteristics of Burning Materials, NFPA No. 225; Methods of Fire Tests of Roof Coverings, NFPA No. 256; Standard for Fire Tests of Window Assemblies, NFPA No. 257; Standard for Treatments of Building Materials~ NFPA No. 703; Standard Methods of Fire Tests of Building Construction and Materials, NFPA No. 251; and procedures utilized by recognized testing laboratories. E-3-5.3 Though often included in building codes, this section is included in this Code for those jurisdictions adopting this Code and which do not have a local building code. 21 - . Appendix E E-3-5.4 Any installed extinguishing or fire warning device or system irrespective of whether it installation was the result of code compliance or voluntary desire, should be maintained in a reliable operating condition or status. Employees and fire fighting personnel become conditioned to the existence of such devices or systems and rely on them to function when needed. It is therefore logical to expect: (a) proper notification of time period during which a system or device is inoperative due to maintenance. (b) that no person will render a system or device inoperative during an emergency. (c) that a false sense of security will not be created through management's failure to maintain any existing fire warning or extinguishing system or device in a reliable operating condition. Life safety of employees and fire fighting personnel may depend upon adherence to the above expectations. E-3-5.5 There may be areas in rural or undeveloped areas adopting this Code which do not have public water supply systems. In those cases, the Fire Marshal shall make decisions relative to application of this Code section on the basis of hazards presented to life or the property of others. E-3-6 This section only deals with one operation relative to flammable or combustible liquid use since other NFPA standards and codes are assumed to have covered all other aspects of flammable and combustible liquid use, handling, storage or transportation. E-3-6.2.1 Hazardous Locations Classification, NFPA No. 70C, is a compilation of extracted materials from NFPA and ANSI Standards which classify hazardous areas. The Fire Marshal should coordinate with the electrical inspector in application of this section. E-3-8 This section is not intended to be all-inclusive since other NFPA codes and standards deal effectively with most aspects of the fire hazards associated with solid combustible materials. E-3-8.3.2.1 Ignition characteristics and the characteristics of a dust explosion depend on the chemical composition of the composition of the combustible dust, the shape, size, and concentration of the combustible dust particles and the chemical composition of the suspending medium. To determine the quantities of combusti- ble dust necessary to create a hazardous explosive potential for the type of combustible dust involved, reference should be made to the section in the NFPA Fire Protection Handbook, published by the National Fire Pretection Association, 470 Atlantic Avenue, Boston, MA 02210, on the "Fire Hazard Properties of Dust" particularly the minumum explosive concentration in ounces per cubic foot. In the table in this section on the "Explosion Characteristics of Various Dusts," the minimum concentrations of several combustible dusts are listed. 22 , . Appendix E E-3-9 This section is very general and relies upon extensive use of NFPA codes and standards covering the specific harardous material. E-Section 20 The local jurisdiction has the responsibility for determing if fees are to be charged for permits, certificates of fitness, and other written authorization in which the fire department is to become involved. When fees are determined by the jurisdiction to be necessary, they should not be used as just another source of revenue but should be correlated to the cost of fire department involvement in that activity. A fee will more clearly define the responsi- bility of the fire department to ensure code compliance for a particular activity. The establishment of a fee schedule requires careful consideration of all implications including legal requirements for public hearings before adoption of the fee schedule by the jurisdiction. E-F-1-1. For those premises having no on-premises fire fighting organization~ fire officials will conduct extensive pre-fire inspections to gain knowledge about the premises, hazardous materials or operations, fire suppression or control equipment, etc. Oftentimes plant personnel possess knowledge and information about their hazardous materials or operations which may critically affect fire fighting operations. Such exchanges of information are both necessary and desirable. 23 Appendix F GENERAL AUTHORITY TO COMBAT FIRES AND RELATED EMERGENCIES. F-1-1 The fire official conducting operations in connection with the extinguishment and control of any fire, explosion or other emergency will have full power and authority to direct all operations of fire extinguishment or control and to take the necessary precautions to save life, protect property and prevent further injury or damage. In the pursuit of such operation, including the investigation of the cause of such emergency, the fire official will control or prohibit the approach to the scene of such emergency by any vehicle, vessel or thing and all persons. F-1-2 No person shall obstruct the operations of the Fire Department in connection with extinguishing any fire, or actions relative to other emergencies or disobey any lawful command of the fire official in charge of the emergency, or any part thereof, or any lawful order of a police officer assisting the Fire Department. F-1-3 The fire official in charge of an emergency scene will have the authority to establish fire line barriers to control access in the vicinity of such emergency and to place, or cause to be placed, ropes, guards, barricades or other obstructions across any street or alley to delineate such fire line barrier. No person, except as authorized by the fire official in charge of the emergency, may cross such fire line barriers. F-1-4 The Fire Marshal is authorized to issue passes entitling the holders thereof to cross fire line barriers. Such passes shall not authorize trespass at the scene of an emergency. Credentials which clearly establish the authority and identity of the holder thereof to enter the premises, whether or not issued by the Fire Marshal, may be honored by the fire official in charge of the emergency scene if concurred with by the person in charge of the premises, involved in the emergency. F-1-5 No person except a person authorized by the fire official in charge of an emergency scene or a public officer acting within the scope of public duty shall remove, unlock, destory or tamper with otherwise molest in any manner any locked gate, door or barricade, chain, encloure, sign, tag or seal which has been lawfully installed by the Fire Department or be its order or under its control 24 Appendix G G-1-1 Where any person seeks relief from a decision of a fire official enforcing provisions of th'js Code including permits, certificates, waivers, alternate materials, alternate methods, approvals, or variances or matters of Code interpretations, he may request reconsideration of the fire official IS decision by appealing in writing to the Fire Marshal within 15 days of the receipt of the decision stating the reasons why he seeks relief and what decision he feels should be forthcoming. The Fire Marshal shall, within 10 days after receiving a copy of the question after hearing testimony from all concerned persons. The Fire Marshal shall render his written decision within five days after the hearing is completed. G-1-2 After such a hearing by the Fire Marshal, any person seeking relief from a decision of the Fire Marshal regarding provisions of this Code may appeal to the Board of Appeals within 15 days after receipt of written notice of the Fire Marshal's decision. Such appeal shall be in writing and directed to the Fire Marshal. Copies of the appeal shall be promptly transmitted to the Board of Appeals by the Fire Marshal. Upon giving not less than five business days' notice to the persons interested, a hearing shall be held. The Board may, after such hearing by a majority vote, affirm, annul, or modify the action of the Fire Marshal. The decision of the Board shall be in writing, and a copy shall be mailed to the appellant within seven business days after the conclusion of the hearing and any decisions made shall be final. Further recourse shall be through established legal procedures. G-1-3 A filing fee shall accompany each notice of appeal to the Board of Appeals in the amount of Twenty-Five ($25.00). 25 . Appendix H H-1-1 Failure to comply with the time limits of an abatement notice or other corrective notice issued by the Fire Marshal shall result in each day that such violation continues being regarded as a new and separate offense. H-1-2 Any person who sells, offers for sale, installs, operates, maintains or uses any appliance, device, equipment, or system which requires a permit, approval, or certificate under the provisions of this Code, shall obtain said permit, approval or certificate before conducting any operation covered by said permit, approval or certificate. H-1-3 No person shall deliberately or maliciously turn in an alarm of fire when in fact that person knows that no fire exists. No person shall activate any installed fire wqrning system or any fixed fire extinguishing system for purposes other than emergency, maintenance, drills or prescribed testing. NOTE: (See Sections 2 and 6 of this ordinance) 26 Appendix I I-I The following are the details of the permit requirements of this jurisdiction. 1-1-1 A permit is required for all fires conducted outside of a building. Permits will not be issued unless the burning operation complies with air pollution authority rules. Exception No.1: Fires kindled for the instruction of personnel in the methods of fighting fires. Execption No.2: Small fires kindled in or upon the ground or in a barbecue pit, exterior fireplace, cook-out device or other similar out-of-doors eating or cooking device, when required for entertainment or necessity. 1-1-2 Permit required for the operation of any plant or the conduct of any operation which produces explosive potential dust as a product, or byproduct, during the operation of such plant or the conduct of such operation. 1-1-3 Permit required: (a) For the storage, handling, or use of containers of more than: (I) 2,000 gallons indicidual water capacity or an aggregate water capacity of 4,000 fallons of flammable compressed gases, or (2) 10,000 gallons individual water capacity of 20,000 gallons of nonflammable compressed gases. (b) For each temporary installation of flammable compressed gases in a place of assembly. (c) To store, use or handle containers of flammable liquefied gases exceeding 2,000 gallons individual water capacity or an aggregate water capacity of 4,000 gallons. (d) To store, use or handle liquefied medical gases exceeding 2,000 water capacity in anyone container or an aggregate water capacity of 4,000 gallons. 1-1-4 Permits to manufacture, possess, sell, or otherwise use explosive materials shall be obtained in accordance with the requirements set forth in Manufacture, Transportation, Storage and Use of Explosive Materials, NFPA No. 495. (See Annex A.) 1-1-5 Permit required for: (a) Storage, handling, or use of Class I flammable liquids in excess of 15 gallons inside of any building or in excess of 60 gallons outside of any building. Exception No.1: Flammable or combustible liquids in the fuel tank of a motor venicle, aircraft, portable or stationary engine, boat, or portable heating plant. 27 '. Appendix I Exception No.2: Paints, oils, varnishes, or similar flammable mixtures, when such liquids are stored for maintenance, painting, or similar purposes for a period of not more than 30 days. Exception No.3: Anyone-or two family dwelling provided applicable provisions of NFPA codes and standards as listed in Annex A of this Code have been complied with. (b) Storage, handling or use of Class II or III flammable or combustible liquids in excess of 25 gallons in a building or 60 gallons outside of a building. Exception: Fuel oil used in connection with oil burning equipment. (c) The initial installation of an oil burner and attendant fuel tank installed in accordance with applicable NFPA codes and standards as listed in Annex A of this Code. (d) The replacement of an existing oil burner or fuel oil tank connected to the oil burner. 1-1-6 Permit required for spraying, flow-coating, or dipping operations utilizing flammable or conbustible liquids. 1-1-7 Permits for the supervised display of fireworks conducted in accordance with the provisions of Model State Fireworks Law NFPA No. 494L (See Appendix B) shall be required. Application for such permits shall be made in writing at least fifteen days in advance of the date of display. 1-1-8 Permit is required for the storage or handling of more than 25 pounds of Pyroxylin Plastics or for the manufacture of articles of Pyroxylin Plastics which include the use of Pyroxylin Plastics in the manufacturing or assembling of other articles. 1-1-9 Permit is required for each company, corporation, co-partnership, or owner-operator performing welding, cutting or other hot work operations. A permit shall be required for each welding, cutting, or hot work job address or location. Companies, corporations, co-partnerships, or owner-operators required to have a permit shall maintain a record of all locations of cutting, welding, or other hot work operations that are performed and shall have such record available for inspection by the Fire Marshal. Exception No.1: Emergency work necessary to save a life and not allowing for time to secure the proper permit. Exception NO.2: Any company, corporation, partnership, or owner-operator preforming production, welding, cutting or hot work in areas approved by the Fire Marshal for that purpose. Exception No.3: Any company, corporation, partnership, or owner-operator having a welding, cutting or hot work permit system in compliance with Standard for Fire Prevention in Use of Cutting and welding Processess, NFPA No. 51B, and having demonstrated this fact to the Fire Marshal. 23 r - . . Appendix I Exception No.4: Occupants of one- and two-family residences performing cutting, welding or hot work on their own premises for purposes other than commercial gain. 29 A ~ ,. ~ . Section 20. If 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 the City Council of the City of North Richland Hills, 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 21. Repeal of Conflicting Ordinances This Ordinance hereby repeals ordinance 325 dated June 20, 1970, and supercedes any and all Ordinances concerning Fire Prevention that may be in conflict herewith. Section 22. Declaring an Emergency t Due to the necessity of the above Ordinance of the Fire Prevention Code, prescribing regulations, establishing a Bureau and defining their powers and duties, and due to the fact that time is of the essence and that such controls are needed immediately, an emergency is declared in order that this Ordinance may take effect upon approval of the City Council on first reading and after publication as prescribed by law. ~ PASSED, APPROVED AND ADOPTED this by a vote ofS -0 Councilmen ;?/."d day Ofþ~ 1977. ~ ¿·-zz/~~cvJ TOM E. NEWMAl,~AYOK ATTEST: (k~/ Y;}Ht-J ~NETTE MOORE, CITY SECRETARY APPROVE9jS TO LEGALITY AND FORM:~ u .L[V/M I.J ~£X MC ENTIRE, CITY~~ 30 WANT AD INVOICE From The FORT WORTH STAR-TELEGRAM, Fort Worth, Texas To City of North Richlann Hill~ 7301 Northeast Loop 820 Ft. Worth. TX 76117 -.----.---,.-- --.--- 35 Lines 1 Times. . . . . . " $ 1 affidavit How ordered: Sunday TOTAL 0lIl Legal Notices 28.00 1 .00 29.00 Date 5tñrh~d Feb 6, 77 To expireFeb 6,77 Class No. 008 Signed: Gene Dean County of Tarrant } THE STATE OF TEXAS. Before me, a Notary Public in and for said County and State, this Secretary day personally appeared Gene R. Dean ~~fSäX for The Fort Worth Star-Telegram, published by the CarleT PubIicaiions, Inc.. at Fort Worth, in Tarr(ffit County, Texas: and who, after being duly sworn, did depose and say that the following clipping of an advertisement r~ferrng to r-- .: I.~"I Notle,.' OI~DINANCE NO. 6S3 AN OR INANCE OF THE CITY C UN IL OF THE CITY OF RIH RICHLAND HllL~ ADOPTING A FIR~ E I~NE ~<m.EÙ~~~, \ G f è"ONDITlONS ~ Tni ~ ,10. loB I er R ORA '-- Ff E ~OO$I~! -./ was published in the above named paper on the fol: e D lLTtiA,' I F NE NO lE HAN $75.00 NOR MOR~THAN 52000.00 FORR' VIO loTiO F NY )]"HE February 6, 197 7 m~læ ~~~~~rNN¿>ลก_ i~~\~~ffARI~GAN Passed and approved thIs 24th d~~ !f~wa~é~~Jñ, Mayor - ATTEST: slJeanette Moore.. ~ ClII Secreta AP~R,O¥E~ TO Fg~M AND I.E AI.1&. Me.ntlre , ' ' Attorney Ordinance No. 653 Sunda Signed ,~ .- I.. d ^ . ,.,- ....-2.'\........1(. ...-/" /' 9 a(' Q'--c......'-../ Secretarv Subscribed and sworn to before me, t~is the---2-day of february 1 q 7 7 Notary Public. (/~.L(' (~ft-/,-~L e~ , Tanant County, Texas.