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HomeMy WebLinkAboutOrdinance 0325 ~ . ORDINANCE NO. 325 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, AND ESTA- BLISHING A BUREA U OF FIRE PREVENTION AND PRO- VIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS: SECTION 1. Adoption of Fire Prevention Code . There is hereby adopted by the City of North Richland Hills, Texas, for the purpose 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 1965 edition thereof and the whole thereof, save and except such portions as are herein- after deleted, modified or amended (by Section VII. 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 North Richland Hills, Texas, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date of which this Ordinance shall take effect, the provisions thereof shall be controll- ing within the limits of the City of North Richland Hills, Texas. SECTION II. Establishment and Duties of Bureau of Fire Prevention II· A. The Fire Prevention Code shall be enforced by the Bureau of Fire Prevention in the Department of Public Safety of the City of North Richland Hills which is hereby established and which shall be operated under the supervision of the Director of the Department of Public Safety. ~ ~ /-- ~ · B. The Fire Marshal in charge of the Bureau of Fire Pre- ventioo shall be appointed by the City Manager of the City of North Richland Hills, Texas. C. A report of the Bureau of Fire Prevention shall be made monthly and transmitted to the City Manager of the municipality; it shall contain all proceedings under this code, with such statistics as the Director of the Department of Public Safety may wish to in- clude therein; the Director of the Department of Public Safety shall also recommend any amendments to the code which, in his judgment, shall be desirable. SECTION III. Definitions A. Wherever the word ftMunicipality ft is used in the Fire Prevention Code, it shall be held to mean the City of North Richland Hills, Texas. · B. Wherever the term ftCorporation Counsel ft is used in the Fire Prevention Code, it shall be held to mean the Attorney for the City of North Richland Hills, Texas. C. Wherever the words ftChief of the Bureau of Fire Preven- tionft are used in the Fire Prevention Code they shall be held to mean the Fire Marshall. D. Wherever the word ftApprovedft is used in the Code, it shall be held to mean the systems approved by Underwriters Labora- tory or in accordance with the National Fire Protection Pamphlet Number Twelve (12) ftStandard for Carbon Dioxide Extinguishing Systems ft; Pamphlet Number Seventeen (17), ftStandards for Dry Chemical Extinguishing Systemft; Pamphlet Number Eleven (11), "Standards for Foam Extinguishing Systems!' SECTION IV. 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 Preven- tion Code, in which storage of explosives and blasting agents is pro- hibited, are hereby established as follows: The City Limits of the City of North Richland Hills, Texas. ~ ~ ~ '~ · SECTION V. Establishment of Limits of Districts in which Storage of Fl~mmable Liquids in Outside Aboveground Tanks is to be Prohibited A. The limits referred to in Section 16. 22a of the Fire Preven- tion Code in which storage of flammable liquids in outside above ground tanks is prohibited, are hereby established as follows: The City Limits of the City of North Richland Hills, Texas. B. The limits referred to in Section 16. 51 of the Fire Preven- tion Code, in which new bulk plants for flammable or combustible liquids are prohibited, are hereby established as follows: The City Limits of the City of North Richland Hills, Texas. SECTION VI. Establishment of Limits of Districts in wh ich Bulk Storage of LiQUefied 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: The City Limits of the City of North Richland Hills, Texas SECTION VII. Modifications A. The Fire Marshal shall have power to modify any of the pro- visions of the Fire Prevention Code upon application in writing by the owner or lessee, or his dilly authorized agent, when there are practical difficul- ties 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 sub- stantial justice done. The particulars of such modifications when granted or allowed and the decision of the Fire Marshal thereon shall be entered upon the records of the Department and a signed copy shall be furnished the applicant. · B. Section 12. 3a (1) of the Fire Prevention Code is hereby changed to read as follows: To manufacture, possess, store, sell or otherwise dispose of explosives or blasting agents. ~ ~ ~- """lIlIIII . SECTION VIII. Appeals Whenever the Fire Marshal 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 appli- cant may appeal from the decision of the Fire Marshal to the City Council through the City Manager within thirty (30) days from the date of the decision appealed. SECTION IX. New Materials, Processes or Occupancies which may Require Permits . The City Manager, the Director of the Department of PLlblic Safety and the Fire Marshal 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 Marshal shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. SECTION X. Ventilation of Appliances A. All barbecue pits, broilers, grills, commercial or res- taurant type ranges, candy kettles, ovens and appliances used to deep fry foods or baking confectionary products shall be reqllired to be vented to the outside and equipped with non-combustible removable filters and shall be provided with an approved automatic fire extin- guishing system of the following types: (1) Approved automatic dry chemical type. (2) Approved automatic carbon dioxide system. (3) Approved automatic foam extinguishing system. . B. All existing occupancies employing commercial cooking equipment as listed in Section Xa shall comply with this Ordinance within one (a) year from the date of the adoption of this Ordinance with the same regulations as set forth in Section Xa as for new in- stallations. l ....4 """lIlIIII . C. Installator shall provide the Fire Marshal of the City of North Richland Hills or his representative with a copy of the form or design of automatic fire extinguishing system before installation for his approval. D. The installation of such fire extinguishing or fire protec- tion system shall be inspected annually by the manufacturer or his authorized representative and satisfactory evidence of such inspec- tion shall be furnished to the Fire Marshal of the City of North Rich- land Hills, Texas. E. A supplementary portable extinguisher shall be reqllired for each separate hood and vent (duct) system installed and shall have a rating of 12B or greater. F. Where gas is the source of fuel, the gas supply must be shut off automatically as an integral part of the Automatic Fire Protection System. SECTION XI. . Penalities 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 ail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans sub- mitted 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 City of North Richland Hills, Texas, or by a court of competent jurisdic- tion, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be guilty of a misde- meanor, punishable by a fine of not less than FIVE AND NO/l00 ($5.00) DOLLARS nor more than TWO HUNDRED AND NO/lOa ($200.00) DOLLARS. 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 (10) 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 XII. Saving Clause 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 RichJand Hills, Texas, that it would have passed all other portions of this Ordinance independent of the elimination here from of any such portion as may be declared invalid. . SECTION XIII. Repeal of Conflicting Ordinances This Ordinance hereby repeals and supercedes any and all Ordinances concerning Fire Prevention that may be in conflict herewith. SECTION XIV. Declaring an Emergency Due to the necessity of the above Ordinance of the Fire Preven- tion 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. PAST, APPROVED AND ADOPTED this 22nd day of June 1970, by a vote of ---.:L Councilmen for a d ~ Councilmen against. ---MA~¡µ1. MAiy'ßR () APPROVED AS TO LEGALITY AT FORM: A^ <fM~, ~Á~ éITY ATTORNEY , ./ LEGAL AFFIDAVIT THE STATE OF TEXAS: COUNTY OF TARRANT: Before me, the undersigned authority on this day personally appearedEleano:r> Lewi~nown to me to be a credible person. who first being sworn, deposed and upon her oath said: BookkeeDer Mid Cities Daily News That she is the . of the , a newspaper which has been regularly and continuously published and of general circulatiohin the City/Town of Hurst , for a period of more than one year next preceding the first publication of the ORDINANE NO. 325 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, ADOPTING A FIRE PREVENTION CODE PRESCRmING REGULA· TIONS GOVERNING COND~ TIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OmCERS THEREFOR AND DEFINING THEm POWERS AND DtJ. TIES, AND DECLARING,AN EMERGENCY. . BE IT ORDAINED BY THE CITY . COUNCIL ot. THE . CITY OF NORmRICHLAND HILLS, TARRANT COUNTY, TEXAS: PAEED, APPROVED AND ADOPTED tbis DDct day of June, llrlO by a vote fo 7 Ceun- cUmen for and 0 CœneiJmen against. attached Legal Notioe .. Mariœ L. Massey and that he caused said notice to be MAYOR MARIóN L. MASSEY ATTEST: published in said newspaper on the following date/so 7/8/70 That the attached is a true and correct copy of said notice as pub- lished on said date/s in said Mid C it ies DB i ly News ~uJ~~ Sworn to and subscribed before me, this the~day of~~ 1970 ~..L Public, Tarrant County, Texas -s- Evalyn R. Hustœ CITY SECRETARY EVALYN R. HUSTON APPROVED AS TO LEGALI- TY AND FORM: -s- Dennis MClTow CITY ATl'ORNEY DENNIS MORROW M C Legal No. G33 PubU8b 7-8-. 70