AN ORDINANCE SETTING FORTH 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 IN THE CITY OF PORT
LAVACA; PROVIDING FOR THE ABATEMENT OF FIRE HAZARDS; ESTABLISHING THE
RESPONSIBILITIES AND PROCEDURES FOR ENFORCEMENT; SETTING FORTH STANDARDS FOR
COMPLIANCE; PROVIDING FOR ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF;
PROVIDING PENALTIES FOR THE VIOLATION THEREOF; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF PORT LAVACA,
TEXAS:
SECTION 1. In order to establish
uniform rules and regulations for improving public safety by promoting the
control of fire hazards through the regulation of the installation, use and
maintenance of equipment; through the regulation of the use of structures,
premises and open spaces and providing for the abatement of such hazards, there
is hereby adopted by the City of Port Lavaca that certain fire code known as
the "STANDARD FIRE PREVENTION CODE", specifically the 1999 Edition
thereof with revisions as approved and recommended by the Southern Building
Code Congress International, Inc., save and except the following deletions,
changes, amendments, or additions:
CHAPTER 1 -
ADMINISTRATION
101.4 FIRE PREVENTION DEPARTMENT
ADD: The Fire Chief is designated
as the Fire Official.
105 BOARD OF ADJUSTMENTS AND
APPEALS
DELETE in
its entirety and substitute the following:
A board called the "Building
Trades Board of Adjustments and Appeals" is established in the City
Ordinance called "The Building Trades Board of Adjustments and
Appeals" and is herein referenced and made a part of this ordinance.
CHAPTER 3 -
RECOGNIZED STANDARDS AND PUBLICATIONS
ADD: Where reference is made to
any Standard and/or publication, it shall be understood to reference the latest
edition of such, regardless of the dates cited herein.
CHAPTER 4 - PERMITS AND
CERTIFICATES
401.3
Applying for a Permit.
ADD: A $20.00 application for
permit fee will be charged to each application filed. When application for
permits is not made in accordance with the provisions of this ordinance, the
fee shall be double.
CHAPTER 5 - GENERAL
PRECAUTIONS AGAINST FIRE
501.3 Incinerator Construction.
DELETE in
its entirety and substitute the following:
No incinerators shall be permitted
and no existing incinerators shall be replaced except when required by the Texas
Department of Health at hospitals.
501.4 DELETE
503.2.2 ADD:
Reference is made of Texas State
Statute concerning false alarms (42.06 P.C. - Class A misdemeanor).
503.2.3 ADD:
Reference is made of Texas State
Statute concerning tampering with fire alarm equipment (28.03 P.C.).
A 101.2.2
Inspector Qualifications.
DELETE in
its entirety and substitute the following:
The inspector(s) qualifications
shall be as required by the Texas Commission on Fire Protection Personnel
Standards and Education.
A 104 Board of Adjustments and
Appeals.
DELETE in
its entirety and substitute the following:
The City of Port Lavaca Ordinance
entitled "The Building Trades Board of Adjustments and Appeals" is
herein referenced and made a part of this ordinance.
SECTION 2. All ordinances or parts
of ordinances in conflict herewith are hereby repealed, particularly Ordinance
G-12-95 passed and approved on December 11, 1995 adopting the fire code known
as the "Standard Fire Prevention Code", 1994 edition with 1995 revisions
approved and recommended by the Southern Building Code Congress International,
Inc., as the same appears of record in City Council Minutes, Volume PP, page
384A.
SECTION 3. Any person, firm or
association of persons or a manager of any corporation, or the foreman in
charge of a construction who shall violate any of the terms and provisions of
this ordinance or of the Standard Fire Prevention Code, shall upon conviction,
be fined in any sum not to exceed TWO THOUSAND DOLLARS ($200.00). Each day a violation
is continued shall constitute a separate and punishable offense.
SECTION 4. If any provision of
this ordinance, or the application thereto to any person or circumstance is
held invalid, the remainder of the ordinance and the application of such provision
to other persons or circumstances shall not be affected thereby.
SECTION 5. This ordinance shall
become effective upon final approval and adoption by the City Council of the
City of Port Lavaca.
PASSED AND APPROVED this 12th
day of July, 1999.