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HomeMy WebLinkAbout545 05-23-1978ORDINANCE NO. 545 AN ORDINANCE AMENDING CHAPTER 6 OF THE EULESS CODE OF ORDINANCES ADOPTING A UNIFORM FIRE CODE, PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, PROVIDING FOR ENFORCE- MENT THEREOF; PROVIDING A SEVERABILITY CLAUSE; AN EFFECTIVE DATE; A PENALTY FOR VIOLATION THEREOF; AND DECLARING AN EMERGENCY. WHEREAS, The City Council of the City of Euless, Texas, finds it to be in the best interests of the citizens of the City of Euless to adopt the Uniform Fire Code with amendments as provided in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS Section 6 -1 of Article I of Chapter 6 of the Code of Ordinances, City of Euless, iexas, is herewith amended to hereafter be and read as follows: Section 6 -1. Fire Prevention Code - Adopted There is hereby adopted by the City Council for the purpose of pre- scribing 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 including appendices A -E, save and except such portions as are hereinafter deleted, modified or amended by this chapter, copies of which uniform code are on file in the Office of the City Secretary and the same are hereby adopted and incorporated as fully as if set out at length herein and the provisions thereof shall be controlling within the limits of the City. Whenever and wherever used in the Uniform-Fire Code the following terms shall have the meanings hereinafter subscribed thereto. (a) Wherever the word "jurisdiction" is used in the Uniform Fire Code, it shall be held to mean the City of Euless. (b) Wherever the term "corporation" is used in the Uniform Fire Code, it shall be held to mean the attorney for the City of Euless, Texas. (c) Wherever the words "Fire Prevention Engineer" or "Chief of the Bureau of Fire Prevention" are used, they shall be held to mean "Fire Prevention Officer ". (d) Wherever the words "Fire Marshal" appear in the Code of Ordinances or within the Uniform Code adopted herein, they shall be held to mean the "Fire Prevention Officer ". The Fire Chief shall assign one of the classified personnel of the City of Euless, Texas, the duty of Fire Prevention and such person shall be known as the "Fire Prevention Officer" and shall perform those duties herein assigned to the Fire Marshal, the Chief of the Bureau of Fire Prevention, the Inspector and Fire Prevention Engineer. Other personnel may be assigned by the Fire Chief as needed to perform one or more of such functions, to hold one or more of such positions and /or assist personnel assigned to or holding one or more of such positions. The district limits referred to within the Uniform Fire Code shall be as follows: (a) The limits referred to in Section 15.201 of the Uniform Fire Code in which flammable or com- bustible liquid storage in outside above ground tanks is prohibited are hereby established as the entire City of Euless; it being the intention of this body to entirely prohibit outside above ground storage of Class I and Class II flammable or com- bustible liquids. (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 the entire City of Euless; it being the intention of this body to entirely prohibit the establishment of any bulk plants for flammable or combustible liquids within the cor- porate limits. (c) 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 the entire City of Euless; it being the intention of this body to entirely prohibit the bulk storage of liquified petroleum gas within the corporate limits of the City of Euless. -2- (d) The limits referred to in Section 11.106 (b) of the Uniform Fire Code.in which storage of explo- sives and blasting agents is prohibited, are here- by established as being the entire City of Euless; it being the intention of this body to entirely prohibit the storage of explosives and blasting agents within the corporate limits of the City of Euless. The Uniform Fire Code, as herein adopted, is amended in the following respects to be and read as hereinafter indicated: (a) Article 12 of the Uniform Fire Code is deleted. (b) Section 10.103 of the Uniform Fire Code is hereby amended by adding a new section (f) to read as follows: (f) "Every aisle in a commercial retail establish- ment shall be at least four (4) feet wide and shall be maintained to at least this width of obstructions." (c) Section 10.103 (e) of the Uniform Fire Code is hereby amended to hereafter be and read as follows: (e) "Storage of Materials. In other than dwellings, no person shall place, store or keep, or permit to be placed, stored or kept on or under or at the bottom of any exit stairway, inside or out- side, exit hallway, elevator or other means of egress, any materials the presence or the burn- ing of which would obstruct or render hazard- ous, egress of persons from the building." (d) Section 1.205 of the Uniform Fire Code is hereby amended to read as follows: "The Chief and the members of the Fire Prevention Bureau shall have the powers of police officers in performing their duties under this Code. They shall have the power to issue citations for offenses tending to cause fires or to make fire fighting more difficult including, but not limited to, the following offenses: (1) Failure to maintain proper marking or desig- nated fire lanes. -3- (2) Parking of motor vehicles or otherwise ob- structing any properly marked fire lanes. (3) Parking within a prohibited distance from a fire hydrant or fire department connection. (4) Any offense defined in this chapter or under this Uniform Fire Code." (e) Section 15.211 of the Uniform Fire Code is hereby amended to read as follows: "All storage tanks of Class I, Class II, and Class III flammable liquids shall be located outside the building according to this Code." (f) Sub - paragraphs (a, b, c, d, e, and f) of Section 13.208 of the Uniform Fire Code are herewith and hereby amended to hereafter be and read as follows: (a) "Every building hereafter constructed shall be accessible to fire department apparatus by way of access roadways with paved driving surface of not less than 20 feet of unobstruct- ed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus and having a minimum of 13 feet, 6 inches of vertical clearance. (b) Any such fire lane or access roadway more than 150 feet in length shall either connect at both ends to a dedicated street or be provided with a roadway turning radius of not less than 50 feet. (c) The required width of access roadways shall not be obstructed in any manner, including parking of vehicles. 'No Parking' signs and /or other appropriate notice prohibiting obstruc- tions may be required and shall be maintained. (d) The access roadway shall be extended to with- in 150 feet of any building. Where the access roadway cannot be provided, approved fire protection system or systems shall be pro- vided as required and approved by the Chief. -4- (e) Where fire protection systems approved by the Chief are provided, the above required clearances may be modified. (f) The Chief shall have the authority to require an increase in the minimum access widths where such width is not adequate for fire or rescue opera- tions." (g) Section 15.1106(b)3 of the Uniform Fire Code is herewith and hereby amended to be and read as follows: "At other approved locations not less than 300 feet from any building used for assembly, institutional or residential occupancy except those approved for the storage or servicing of such vehicles." Chapter 6 of the Code of Ordinances, City of Euless, Texas, is herewith amended by the addition of the following new Section 6 -71 which shall here- after be and read as follows: Section 6 -71. Fire Lane Marking. Fire lane marking within the City of Euless, Texas, shall be as follows: (a) The owner, occupant and /or person in charge of any premises where a fire lane is required pursuant to the Ordinance, Ordinances, Rules and Regulations of the City of Euless, Texas, shall be responsible for fire lane marking and the maintenance thereof. (b) The marking of fire lanes on private property, devoted to public use, shall be approved by the Chief of the Department or Fire Prevention Officer. (c) Fire lanes on large parking areas shall be designed by continuous lines at least four inches in width on each side of the fire lane starting at the entrance from the street and to be continued to the exit. Such lines shall be bright red in color. The words 'No Parking' and 'Fire Lane' shall be painted at the entrance to fire lanes with lettering to be in white and at least eighteen inches in height. (d) Fire lanes adjacent to curbs, buildings and fences shall have the entire curb painted bright red or a minimum of five width inches adjacent to curb painted bright red with lettering as in (c) above. -5- (e) Where required by the Fire Prevention Bureau, 'Fire Lane' and 'No Parking' signs shall be erected on buildings, posts or fences. Chapter 6 of the Code of Ordinances, City of Euless, Texas is herewith amended by the addition of the following new Section 6 -72 which shall here- after be and read as follows: Section 6 -72. Obstructing Fire Lanes. No person shall place or allow to remain in any marked fire lane any trash, vehicles, merchandise or other obstruction. The owner, occupant and /or the person in charge of any premises shall be responsible for any fire lane that is blocked on such premises by any means other than motor vehicles. The owner or operator of a motor vehicle blocking any fire lane shall be guilty of a traffic violation and the vehicle shall be subject to removal or im- poundment at the violator's expense. IVA Chapter 6 of the Code of Ordinances, City of Euless, Texas, is herewith amended by the addition of the following new Section 6 -73 which shall here- after be and read as follows: Section 6 -73. Licensing of Fire Extinguisher Sales and Service. No person, company, or corporation engaged in the sale, service, repair and /or maintenance of fire extinguishers or fire ex- tinguishing systems in the City of Euless shall do so without first obtaining a permit for either or both from the City of Euless. No such permit shall be issued to any persons, company, or corporation who does not have an appropriate current certificate of registration or license from the State Fire Marshall. Applicants shall furnish names, addresses, and any information necessary to ascertain com- pliance with these regulations as well as those under state law. V. Section 6 -66 of Chapter 6 of the Code of Ordinances, City of Euless, Texas, is herewith amended to hereafter be and read as follows: Section 6 -66. Service Stations - Attendance or Supervision of Dispensing Flammable Fluids. All service stations dispensing flammable fluids within the City of Euless, Texas, shall be subject to the following: M (a) Each service station open to the public shall have an attendant or supervisor on duty whenever such station is open for business. (b) Wherever equipment for dispensement of Class I liquids is accessible to the public, such dispensing equipment shall be equipped with an approved automatic - closing type nozzle. Such dispensing equipment shall not be equipped with a hold -open latch unless dispensement of the Class I liquid is to be done only by service station personnel employed for such purpose. If such dispense - ment of Class I liquids from such equipment is available to the public, such dispensing equipment shall not be equipped with a hold -open latch. (c) Coin operated pumps are not permitted within the City of Euless, Texas. IMM Section 6 -64(b) of Chapter 6 of the Code of Ordinances, City of Euless, Texas, is herewith deleted and the same is hereby repealed. VII. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any, phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining, phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. VIII. Penalty Violation. Any person, firm or corporation violating any of the terms and provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $200.00. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. Each day a continuing violation exists shall be considered a separate offense. I X. Effective Date. This Ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. -7- X. Emergency Clause. By the affirmative vote of four or more of its members, The City Council declares that this is an Ordinance for the immediate preservation of the public peace, property, health, and safety, and is an emergency measure within the meaning of Article II, Section 11 of the City Charter; and the requirement that it be read at two meeti.ngs, as specified in such Section 11, is hereby dispensed with. PRESENTED AND PASSED ON first and final reading on the 23rd day of May, 1978, at a regular meeting of the City Council of the City of Euless, Texas, by a vote of 5 ayes 0 nays and 0 abstentions. ATTEST: Della Houy, City Secreta APPROVED: M. RoberC McFarland, City Attorne APPROVED: Harold Samuels, Mayor