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HomeMy WebLinkAboutSupplement No. 18 - 1974 Code of Ordinances SUPPLEMENT NO. 18 CODE OF ORDINANCES City of EULESS,TEXAS Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 910,enacted November 25, 1986. See Code Comparative Table, page 1476. Remove old pages Insert new pages xiii, xiv xiii, xiv 158.1, 158.2 158.1, 158.2 169, 170 169, 170 173-181 265-266.1 263-265 289-300 289-300.1 447-452 435-452 465-468 465-468 1026.1 1026.1 1163-1166 1163-1166 1475 1475, 1476 Index pages Index pages 1498.1 1498.1 1509-1510.2 1509-1510.2 Insert this instruction sheet in front of volume. File removed pages for reference. MUNICIPAL CODE CORPORATION Tallahassee, Florida March, 1987 TABLE OF CONTENTS Page Officials of City at Time of Codification iii Preface v Ordinance Adopting Code ix PART I THE CHARTER Charter 1 Art. I. Incorporation, Form of Government and Powers 1 Art. II. City Council 7 Art. III. Elections 12.1. Art. IV. Initiative,Referendum and Recall 17 Art. V. Administrative Organization 22 Art. VI. Municipal Court 25 Art. VII. Finance 26 Art. VIII. Bonds, Warrants and Other Evidence of Indebtedness 29 Art. IX. Taxation 32 Art. X. Planning 36 Art. XI. Franchises and Public Utilities 38 Art. XII. General Provisions 42 Art. XIII. Parks and Recreation 48 Art. XIV. Library Board 49 Charter Comparative Table 95 PART II CODE OF ORDINANCES Chapter 1. General Provisions 99 2. Administration 151 Art. I. In General 151 Art. II. Civil Service System 159 Art. III. Advisory Board for Social Concerns 164 Art.. IV. 'free llna d I(i(i Supp.No.18 xiii EULESS CODE Chapter Page 21/4. Alarm Systems 173 21. Alcoholic Beverages. 183 3. Animals and Rabies Control 207 4. Buildings and Structures 263 Art. I. In General 263 Art. II. Moving Buildings 264 Art. III. Signs and Billboards 280 Art. IV. Electrical Regulations 289 Div. 1. Generally 289 Div. 2. Inspectors 292 Div. 3. Licenses 296 Div. 4. Permits 299 Art. V. Plumbing and Gas Fitting 300 Art. VI. Fences and Obstructions 301 Art. VII. Satellite Television Reception Dishes 308.4 Art. VIII. Flood Damage Prevention 308.4 Div. 1. General Provisions 308.4 Div. 2. Administration 308.11 Div. 3. Provisions for Flood Hazard Re- duction 308.15 41/2. Cable Television 309 Art. I. In General 309 Art. II. Administration 316 Art. III. Operation Regulations 329 43/4. Civil Preparedness 345 5. Finance and Taxation 351 Art. I. In General 351 Art. II. Ad Valorem Tax 351 Art. III. Hotel Occupancy Tax 354 Art. IV. Bingo Tax 357 6. Fire Protection and Prevention 435 Art. I. In General 435 Art. II. Fire Department 454 Art. III. Fire Marshal 456 Art. IV. Transportation, Handling and Storage of Volatiles 462 Supp.No.18 x i v §2-12 ADMINISTRATION §2-12 person damaged or injured, or someone in his behalf, or in the event the injury results in death, the person or persons who may have a cause of action under the law by reason of such death or . injury, shall within sixty (60) days or within six (6) months for good cause shown from the date the damage or injury was re- ceived give notice in writing to the city secretary of the following facts: (1) The date and time when the injury or damage occurred and the place where the injured person or property was at the time when the injury was received. (2) The nature of the damage or injury sustained. (3) The apparent extent of the damage or injury sustained. (4) A specific and detailed statement of how and under what circumstances the damage or injury occurred. (5) The amount for which each claimant will settle. (6) The actual place of residence of each claimant by street, number, city and state on the date the claim is presented. ��. (7) In the case of personal injury or death, the names and addresses of all persons who, according to the knowledge or information of the claimant, witnessed the happening of the injury or any part thereof and the names of the doctors, if any, to whose care the injured person is committed. (8) In the case of property damage, the location of the dam- aged property at the time the claim was submitted along with the names and addresses of all persons who witnessed the happening of the damage or any part thereof. (b) Filing of notice and refusal by city council of redress, satis- faction, etc., precedent to institution of suit. No suit of'any nature whatsoever shall be instituted or maintained against the city unless the plaintiff therein shall aver and prove that previous to the filing of the original petition the plaintiff applied to the city council for redress, satisfaction, compensation or relief, as the case may be, and that the same was by vote of the city council refused. (c) Service of notices. All notices required by this section shall be effectuated by serving them upon the city secretary at the Supp.No.18 158.1 §2-12 EULESS CODE §2-50 following location: 201 North Ector Drive, Euless, Texas, 76039, and all such notices shall be effective only when actually re- ceived in the office of the person named above. (d) Authority to waive section. Neither the mayor, a city councilmember,nor any other officer or employee of the city shall have the authority to waive any of the provisions of this section. (e) Swearing to notice of damage or injury. The written notice required under this section shall be sworn to by the person claim- ing the damage or injuries or by someone authorized by him to do so on his behalf. Failure to swear to the notice as required herein and by the Charter of the City of Euless shall not render the notice fatally defective, but failure to so verify the notice may be considered by the city council as a factor relating to the truth of the allegations and to the weight to be given to the allegations contained therein. (Ord. No. 799, §§ 1-5, 7-24-84; Ord. No. 901, §§ 1-5, 8-26-86) Editor's note—Having not expressly amended the Code, the provisions of§§ 1-5 of Ord. No. 799,passed and approved July 24, 1984,have been codified as § 2-12 at the editor's discretion. Secs. 2-13-2-50. Reserved. Supp.No.18 158.2 fi 2-94 ADMINISTRATION ti 2 98 ing curbs or curblines. No street tree shall be placed closer than ten (10)feet of any fireplug. (Ord. No. 876, § 9, 2-25-86) Sec. 2-95. Utilities. No street trees other than those species listed as small trees in Section 2-91 may be planted'under or within ten-(10) lateral feet of any overhead utility wire, or over or within five(5)lateral feet of any underground water line, sewer line, transmission line or other utility. (Ord. No. 876, § 10, 2-25-86) Sec. 2-96. Public tree care. The city shall have the right to plant,trim,spray,preserve and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure safety when servicing city utilities or to preserve the symmetry and beauty of such public grounds. The Euless Tree Board may remove or cause or order to he reproved, any tree or part thereof which is located on public property or municipal utility easement which, by reason of its nature, is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or is affected with any injurious f►►n gus, insect or other pest. (Ord. No. 876, § 11, 2-25-86) Sec. 2-97. Trimming and corner clearance. Every owner of any tree overhanging any street or right of way within the city shall trim the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall he a clear space of eight (8) feet above the surface of the street or right of. way. The city shall have the right to trim any tree or shrub on private property when it interferes with visibility of any traffic control device or sign. Such trimming is to be confined to the area immediately above the right-of-way. (Ord. No. 876, § 12, 2 2 i-86) Sec. 2-98. Interference with Euless Tree Board. It shall be unlawful for any person to prevent, delay or inter fere with Lhe Euless Tree Board or its authorized agents while Supp.No.18 169 § 2-98 EULESS CODE §2-99 engaging in and about the planting, cultivating, mulching, prun- ing, spraying or removing of any street trees and park trees as authorized in this article. (Ord. No. 876, § 13, 2-25-86) Sec. 2-99. Review by city council. The city council shall have the right to review the conduct, acts and decisions of the Euless Tree Board. Any person may appeal from any ruling or order of the Euless Tree Board to the city council who may hear the matter and make final decision. (Ord. No. 876, § 14, 2-25-86) Supp.No.18 [The next page is 173] 17 O CHAPTER 21/4 ALARM SYSTEMS* Sec. 2%-1. Definitions. The following definitions shall apply in the interpretation and enforcement of this chapter: Alarm system means a device or system that emits, transmits or relays a signal intended to summon, or that would reasonably be expected to summon, police services of the city, including, but not limited to, a system that emits a signal that is audible or visible from the exterior of a structure. Alarm system does not include: (1) An alarm installed on a vehicle unless the vehicle is per- manently located at a site; (2) An alarm designed to alert only the inhabitants of a premises which does not have a broadcast alarm. Alarm notification means a notification intended to summon the police, which is designed either to be initiated purposely by a person or by an alarm system that responds to a stimulus charac- teristic of unauthorized intrusion. Alarm site means a single premises or location (one street address)served by an alarm system or systems that are under the control of one owner. Broadcast alarm means an alarm system that emits a signal at the alarm site that is audible and/or visible from the exterior of a structure. Chief means the chief of police of the City of Euless or his designated representative. *Editor's note—Ordinance No.910,adopted Nov.25, 1986,amended the Code by adding thereto a new chapter,but did not specify the exact manner of inclu- sion. At the editor's discretion, therefore, the provisions of Ord. No. 910 have been included as Ch.2'/4. Cross references—Buildings and structures,Ch.4;fire protection and preven- tion,Ch.6. Supp.No.18 173 §21/4-1 EULESS CODE *21/4-2 False alarm notification means an alarm notification to the police department, when the responding officer finds no evidence of unauthorized intrusion, attempted unauthorized intrusion, rob- bery, attempted robbery, or an attempt to take a person hostage. Permit holder means the person designated in the application as required herein who is responsible for responding to alarms and giving access to the site and who is also responsible for proper maintenance and operation of the alarm system and pay- ment of fees. Person means an individual, corporation, partnership, associa- tion,organization or similar entity.(Ord.No.910, § 1(1), 11-25-86) Sec. 2'/4-2. Permit required; fee; application; transferability; false statements. (a) A person commits an offense if he operates or causes to be operated an alarm system without an alarm permit issued by the chief of police. A separate permit is required for each alarm site. (b) A fee of twenty dollars ($20.00) shall be charged for the issuance of each permit and each alarm system installed at an alarm site from and after the effective date of this chapter and for each alarm system operable on the effective date hereof and for which a valid permit has not been issued by the implementation date applicable to such system provided in Section 2'/4-14 hereof. (c) Upon receipt of a completed application form and the re- quired fee, the chief shall issue an alarm permit to an applicant unless the applicant has failed to pay a service fee assessed under Section 21/4-10 or an alarm permit for the same address has been revoked, and the violation causing the revocation has not been corrected. (d) Each permit application must contain the following infor- mation: (1) Name, address and telephone number of the permit holder or person who will be responsible for the proper mainte- nance and operation of the alarm system and payment of fees assessed under this chapter; (2) Address of the location of the alarm site; Supp.No.18 174 21/4-2 ALARM SYSTEMS §2'/-2 \vim (3) A description by brand and general type of the alarm system stating the manner in which the alarm will be given, and if the alarm is to be transmitted to a central office, the name, address and telephone number of the operator of the central office; (4) Classification of the alarm site as either residential or commercial; (5) Other information required by the chief which is necessary for the enforcement of this chapter. (e) If the applicant is an individual, the application shall be subscribed and sworn to by such person. If the applicant is an individual and does not reside, operate any business or is not employed within the state, or in the event the applicant is a firm or partnership and no owner or general partner resides,operates a business or is employed within the state, then the application must also be subscribed and sworn to by the individual having the authority and responsibility for the management and opera- tions of the alarm site within the state. If the applicant is a corporation, the application shall be subscribed and sworn to by at least one principal corporate officer. If the applicant is a corpo- ration and none of its principal corporate officers are responsible for the management and the operations of the alarm site within the state,the application shall also be subscribed and sworn to by the individual having the authority and responsibility for the management and operations of the alarm site within the state. (0 The application shall include the following information for each individual required to subscribe and swear to it: (1) The individual's full name,business address and residence address; (2) The individual's residence and business telephone number. (g) Any false statement of a material matter made by an appli- cant for the purpose of obtaining an alarm permit shall be suffi- cient cause for refusal to issue a permit. (h) An alarm permit cannot be transferred to another alarm system or to another permit holder except by authorization of the Supp.No.18 175 §21/4-2 EULESS CODE §21/4-4 chief. A permit holder shall inform the chief of any change that alters any information listed on the permit application within two(2)business days. No fee will be assessed for such changes. (i) A permit holder shall cancel a permit for any alarm system which is removed from an alarm site or which otherwise ceases to come under the permit requirements of this chapter. Cancella- tion may be accomplished by returning the permit to the chief. (j) All fees owed by an applicant under this chapter must be paid before a permit may be issued or renewed. (Ord. No. 910, § 1(2), 11-25-86) Sec. 2%-3. Proper alarm system operation and maintenance. A permit holder shall: (1) Maintain the premises containing an alarm system in a manner that assures proper operation of the alarm system; (2) Maintain the alarm system in a manner that will mini- mize false alarm notification; (3) Respond to or cause a representative to respond within a reasonable period of time, which period shall be designated at the time, when requested by the city to repair or inacti- vate a malfunctioning alarm system, to provide access to the premises or to provide security for the premises; (4) Not manually activate an alarm for any reason other than the occurrence of an event that the alarm system was intended to report; and (5) Notify the police department prior to activating an alarm for maintenance purposes. (Ord. No. 910, § 1(3), 11-25-86) Sec. 2'/44. Alarm activation,limitation and reset requirement. A permit holder shall not utilize any alarm system which causes an audible signal to be emitted continuously or intermit- tently for more than thirty (30) minutes after being activated or which emits a subsequent alarm without being reset. (Ord. No. 910, § 1(4), 11-25-86) Supp.No.18 176 §21/4-5 ALARM SYSTEMS § 2%4-8 Sec. 2'/4-5. Indirect alarm reporting. A person who is engaged in the business of relaying alarm notification to the city shall: (1) Communicate alarm notification to the city in a manner and form determined by the chief; (2) Comply with the requirements of this chapter and any rules and regulations promulgated by the chief. (Ord. No. 910, § 1(5), 11-25-86) Sec. 2'/4-6. Direct alarm reporting; automatic alarm notifi- cation prohibited. An alarm system which transmits automatic alarm notifica- tion directly to the communication center of the police depart- ment is prohibited, except for such systems currently in place on date of adoption hereof and to the original permit holder there- under, or as authorized in Section 21/4-9 hereof. (Ord. No. 910, § 1(6), 11-25-86) Sec. 2%-7. Alarm system operating instructions. A permit holder or person in control of an alarm system shall maintain a complete set of written operating instructions for each alarm system at each alarm site. Special codes, combina- tions or passwords must not be included in these instructions. (Ord. No. 910, § 1(7), 11-25-86) Sec. 21/4-8. Protection of financial institutions. (a) A financial institution required to have an alarm system pursuant to the provisions of the Bank Protection Act of 1968(12 U.S.C., Section 1882) may install, with the permission of the chief, a signal line directly to the police department for the pur- pose of reporting burglaries and robberies. If such an arrange- ment is made, all other requirements of this chapter must be met. The financial institution shall execute a letter of agreement with the city permitting the installation of all necessary equip- ment on an indicator panel monitored in the communications division of the police department. The installation must be ac- complished at the institution's expense. Supp.No.18 177 §21/4-8 EULESS CODE §21/4-9 �\ (b) The financial institution shall pay an annual fee to be determined for each indicator. The chief shall have the right, at reasonable times and upon oral notice, to inspect the alarm sys- tem at the alarm site and require necessary repairs or improve- ments. If the chief finds that the alarm system continually fails to operate properly,or to be operated properly,he may terminate the privilege to have equipment and indicators in the communi- cations center of the police department and require prompt re- moval of the equipment at the expense of the financial institution. (c) The financial institution, at its expense, shall make arrange- ments to provide service for the alarm system at the request of the financial institution or the chief on a twenty-four-hour basis, seven(7)days a week. In no event shall the city become liable for charges for repairs and maintenance. (d) The financial institution may cancel its agreement with the city at any time by giving the city written notice through the chief and, at its own expense, remove its equipment and indica- tors from the monitor panel in the communications center. (e) The chief may require any change,modernization or consol- idation of alarm signaling equipment that he deems advisable.In no event shall the city become liable for charges for these changes. (f) Instead of a direct line, a financial institution may report burglaries and robberies by transmission through an alarm re- porting service using special equipment designated by the chief. (Ord. No. 910, § 1(8), 11-25-86) Sec. 21/4-9. Service fee. (a) Except as otherwise provided in paragraphs (b), (c) and (d) below, the holder of an alarm permit shall pay a service fee of thirty dollars ($30.00) for each false alarm notification emitted from any alarm system that is in excess of four (4) false alarms within any twelve-month period. (b) If a person notifies the chief and applies for an alarm per- mit before a new alarm system is put into service, no service fee will be assessed during the first sixty(60)days after the system is Supp.No.18 178 \ §2'4-9 ALARM SYSTEMS §21/4-10 put into service, and false alarm notification during that period will not be counted in determining when a service fee will be assessed. (c) If the responding police officer determines that an alarm notification was caused by unauthorized intrusion, attempted unauthorized intrusion, robbery, attempted robbery, or any at- tempt to take a person hostage, that notification will not be counted in determining when a service fee will be set. (d) A false alarm notification will not be counted in determin- ing when a service fee will be assessed if the permitee can prove that the alarm notification was the result of a severe weather condition that caused physical damage to the alarm site, or the result of the malfunction of the telephone lines for the transmis- sion of alarm signals, proof of the latter being documented upon the telephone company work orders or time-stamped records from the alarm company showing the period of interrupted service. (Ord. No. 910, § 1(9), 11-25-86) Sec. 2V4-10. Revocation of permit; appeal of revocation or refusal to issue permit. (a) The chief shall revoke an alarm permit if he determines that: (1) There is a false statement of a material matter in the application for permit; (2) The permit holder has violated any provision of this chapter; (3) The permit holder has failed to make payment of a service fee assessed within thirty (30) days of receiving notice to do so. (b) A person commits an offense if he operates an alarm sys- tem during the period in which his alarm permit is revoked. (c) If the chief refuses to issue a permit,or revokes a permit,he shall send to the applicant or permit holder by certified mail, return receipt requested, written notice of his action and a state- ment of the right to an appeal. The applicant or permit holder may appeal the decision of the chief to the city manager by filing Supp.No.18 179 §21-10 EULESS CODE §21/4-il with the city manager a written request for a hearing, setting forth the reasons for the appeal,within ten(10)days after receipt of the notice from the chief. The filing of a request for an appeal hearing with the city manager stays an action of the chief in revoking a permit until the city manager or his designated rep- resentative makes a final decision. If a request for an appeal hearing is not made within the ten-day period, the action of the chief is final. (d) The city manager or his representative shall serve as hear- ing officer at an appeal and consider evidence by any interested person. The formal rules of evidence do not apply at an appeal hearing and the hearing officer shall make his decision on the basis of a preponderance of the evidence presented at the hear- ing. The hearing officer must render a decision within thirty(30) days after the request for an appeal hearing is filed. The hearing officer shall affirm, reverse or modify the action of the chief. The decision of the hearing officer is final as to administrative reme- dies with the city. (Ord. No. 910, § 1(10), 11-25-86) Sec. 21-11. Violation;penalty. (a) A person commits an offense if he violates by commission or omission any provision of this chapter that imposes upon him a duty of responsibility. (b) A person who violates a provision of this chapter is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued or permitted, and each violation is punishable by a fine of not less than fifty dollars ($50.00) or more than two hundred dollars ($200.00) upon first conviction and not less than seventy-five dollars ($75.00) nor more than two hundred dollars ($200.00) upon the second and subsequent convictions. (c) In addition to prohibiting or requiring certain conduct of individuals, it is the intent of this chapter to hold a corporation, partnership or other association criminally responsible for acts or omissions performed by an agent acting in behalf of the corpora- tion,partnership or other association, and within the scope of his employment. (Ord. No. 910, § 1(11), 11-25-86) Cross reference—General penalty, § 1-6. Supp.No.18 �. 180 §2'/4-12 ALARM SYSTEMS §2'/4-14 Sec. 21/4-12. Exceptions. This chapter shall not apply to alarm systems operated by local, state or federal government entities. (Ord. No. 910, § 1(12), 11-25-86) Sec. 21-13. System performance reviews. If there is a reason to believe that an alarm system is not being used or maintained in a manner that ensures proper operation and suppresses false alarms, the chief may require a conference with an alarm permit holder and the individual or association responsible for maintenance of the alarm system to review cir- cumstances of each false alarm. (Ord. No. 910, § 1(13), 11-25-86) Sec. 2%-14. Implementation of chapter. (a) Beginning on April 1, 1987, this chapter amendment shall apply only to a person who operates or causes to be operated an alarm system at an alarm site other than a single-family or duplex dwelling. (b) Beginning July 1, 1987,this chapter amendment shall apply to all alarm systems in the city. (Ord. No. 910, § 1(14), 11-25-86) Supp.No.18 181 Chapter 4 BUILDINGS AND STRUCTURES* Art. I. In General,§§ 4-1-4-19 Art. II. Moving Buildings,§§ 4-20-4-39 Art. III. Signs and Billboards,§§ 4-40-4-69 Art. IV. Electrical Regulations,§§ 4-70-4-119 Div. 1. Generally, §§ 4-70-4-80 Div. 2. Inspectors, §§ 4-81-4-96 Div. 3. Licenses, §§ 4-97-4-110 Div. 4. Permits, §§ 4-111-4-119 Art. V. Plumbing and Gas Fittings, §§ 4-120-4-131 Art. VI. Fences and Obstructions,§§4-132-4-149 Art. VII. Satellite Television Reception Dishes,§§4-150-4-169 Art. VIII. Flood Damage Prevention,§§4-170-4-208 Div. 1. General Provisions, §§4-170-4-189 Div. 2. Administration,§§4-190-4-204 Div. 3. Provisions for Flood Hazard Reduction,§§4-205-4-208 ARTICLE I. IN GENERAL Sec. 4-1. Codes,amendments thereto,adopted by reference. N...—, The 1985 edition of the Uniform Building Code and appendi- ces, with amendments, dwelling construction under the Uniform Building Code, Uniform Code for the Abatement of Dangerous Buildings, Uniform Housing Code, Uniform Mechanical Code and appendices, as adopted by the International Conference of Building Officials,with revisions, are hereby adopted. The Build- ing Code of the City of Euless, Texas, is hereby revised and amended to conform to the 1985 edition of the Uniform Building Code, dwelling construction under the Uniform Building Code, Uniform Code for the Abatement of Dangerous Buildings, Uni- form Housing Code and Uniform Mechanical Code, marked "Ex- hibit B," are incorporated herein by reference and have been filed in the office of the city secretary for permanent record and inspection. (Ord. No. 504, 3-23-76; Ord. No. 614, § 1, 3-25-80; Ord. No. 715, § 1, 9-28-82; Ord. No. 889, § 1, 8-26-86) *Cross references—Building inspector as ex officio fire marshal, § 6-41; air pollution control division in department of inspections, § 8-21; swimming pool permits, § 8-41;erecting structures in parks, § 12-6. State law references—Authority to establish fire limits, V.T.C.S. art. 1175(25);authority to establish building lines, art. 1105a. Supp.No.18 263 §4-2 EULESS CODE §4-21 Editor's note—Section 2 of Ord.No.889,adopted Aug.26,1986,declared Ord. Nos. 504, 614 and 715, and all ordinances amendatory thereto, expressly super- seded by the terms of Ord.No.889.Accordingly,former§4-1,which derived from the above ordinances,has been deleted and the provisions of§ 1 of Ord.No.889 have been included as a new§4-1. prior to the enactment of Ord.No.889,earlier provisions included as§§4-1 and 4-2 were deleted as being superseded by the provisions of Ord. No. 504. Said provisions pertained to similar subject matter and were derived from Ord. No. 403,§ 1,adopted July 27,1971;and Ord.No.489, § 1,adopted June 24,1975. Charter reference—Condemnation of dangerous structures,Art.XII, §9. Sec. 4-2. Reserved. Note—See editor's note following§4-1. Secs. 4-3-4-19. Reserved. ARTICLE II. MOVING BUILDINGS Sec. 4-20. Permit—Required;fees. (a) No person shall move any building or other structure within or through the limits of the city upon the streets, alleys, avenues or public grounds,without first having secured a permit from the city secretary authorizing the same; provided, no such permit shall issue for the moving of a structure or building into the city for reconstruction therein unless the owner thereof or his agent first secures a building permit for such construction. (b) The applicant, hereinafter called mover, shall pay for said permit the sum of ten dollars ($10.00) for the first day and five dollars($5.00)for each additional day or fraction thereof that the structure or building is in or on the streets, alleys, avenues or public grounds. (Ord. No. 59, § I, 1-12-57) Sec. 4-21. Same—Bond; arrangement with utility companies. Before such permit is granted by the city secretary, the party applying therefor shall give a surety bond payable to the city, in the sum of one thousand dollars ($1,000.00), ex- ecuted by a surety company authorized to do business in the state, to be approved by the city secretary and city attorney, Supp.No.18 264 §4-21 BUILDINGS AND STRUCTURES §4-21 conditioned among other things that said party will save, in- demnify and keep harmless the city against all liabilities, Supp.No.18 265 §4-70 BUILDINGS AND STRUCTURES §4-71 ARTICLE IV. ELECTRICAL REGULATIONS* DIVISION 1. GENERALLY Sec. 4-70. Purpose. This chapter is and shall be deemed an exercise of the adminis- trative and police powers of the City of Euless, Texas, enacted to protect public safety, comfort, welfare and property, and all the provisions hereof shall be construed for the accomplishment of that purpose. (Ord. No. 891, § 1, 8-26-86) Sec. 4-71. Definitions. As used in this article, the following terms shall have the respective meanings ascribed to them by this section: (1) Electrical wiring herein used is intended to mean the in- stallation of electrical wires, fixtures, appliances, appara- tus or the addition to any wires, fixtures, apparatus or appliances used or to be used on or in any building or in any premises for the purpose of transmitting electrical current for electric light, heat, power, house annunciator systems, electric bells, telephones, signal systems, private telephones or telegraph, radios, lighting fixtures, or for any purpose, of any kind, nature or description. (2) Electrical contractor shall mean any person,firm, partner- ship or corporation engaged in the business of installing or repairing, or contracting to install or repair any electrical wiring, conduits, fixtures, devices, equipment or other elec- trical materials for conducting, using or consuming elec- trical energy. (3) Master electrician shall mean any person holding a current master electrician license. *Editor's note—Section 9 of Ord. No. 891, adopted Aug. 26, 1986, declared Ord. Nos. 122, 150, 157, 206, 304, 501, 615, 696, and 784, and all ordinances amendatory thereto,expressly superseded by the terms of Ord. No. 891. Accord- ingly, former Art. IV, which was derived from Ord. No. 784, adopted April 10, 1984,has been deleted with the exception of provisions codified as § 4-72 which carries no history note.Ordinance No.891 has been included as the remainder of a new Art.IV of Ch.4. Cross reference—Electrical signs, §§4-57,4-58. Supp.No.18 289 §4-71 EULESS CODE §4-75 (4) Journeyman electrician shall mean and include any person doing the work of installing,repairing or maintaining any electrical wiring, conduits, fixtures, or devices, or any other electrical materials or appliances for conducting, using or consuming electrical energy and who may engage in such work only under the supervision of, or in the direct em- ploy, of a master electrician or electrical contractor. (5) Apprentice electrician shall mean any person helping a journeyman or master electrician. (Ord. No. 891, § 2, 8-26-86) Sec. 4-72. Electrical board. There is created an electrical board, consisting of five(5)mem- bers. One of the members, who shall be the chairman, shall be the electrical inspector; two (2) of the members shall be master electricians; one of the members shall be a representative of the electrical utility company; and the fifth member shall be a disin- terested citizen of the city. The latter four(4)members shall hold office for two-year, staggered terms. Note—See editor's note to Art.IV. Sec. 4-73. Adoption of standard code. The City of Euless hereby adopts the National Electrical Code, 1984 Edition, as now existing or has hereinafter amended, as the standard for electrical wiring requirements for the City of Eu- less. (Ord. No. 891, § 3, 8-26-86) Sec. 4-74. Meter installations;service entrance locations. Meter installations shall comply with specifications of the util- ity company furnishing power. The utility company furnishing power shall have the right to designate service entrance loca- tions. (Ord. No. 891, § 3, 8-26-86) Sec. 4-75. Electrical wiring requirements. (a) Wiring installed in the City of Euless is to be no less than nonmetallic cable. Aluminum wiring may not be used in any installations except for the entrance service cable installed by the electric utility provider and the service entry cable from the Supp.No.18 290 §4-75 BUILDINGS AND STRUCTURES §4-75 meter base to the control panel only. All other installations shall be copper. Wiring of hazardous locations shall, however, comply with Article 500 of the National Electric Code. (b) All dwellings of one thousand fifty (1,050) square feet to one thousand nine hundred ninety-nine (1,999) square feet must have not less than one hundred (100) amps service entrance conductors. All dwellings of two thousand (2,000) square feet or more must have not less than one hundred fifty (150) amps ser- vice entrance conductors. (c) Service panel boards for dwellings may be installed in any readily accessible location in dwellings excluding bathroom, heat- ing and clothes closets. (d) Service mast through the roof for overhead service from meter socket must be two-foot galvanized rigid conduit or larger with no coupling or fitting between the weatherhead and meter socket. (e) Rigid PVC conduit shall not be used for underground ser- vice risers to service equipment outside of a commercial or indus- trial building or structure. (f) All temporary poles must be a minimum of twelve (12)feet in height for overhead service drop. The meter socket must be mounted a minimum of four(4)feet and maximum of six (6)feet from grade to center of meter socket. The minimum service con- ductors shall be no smaller than number six(6)AWG and a fifty- amp main two-pole [two hundred fifty (250)] volt disconnecting breaker. (g) Nonmetallic device boxes may be used as per Section 370-7(c) and the equipment grounding conductors connected together in a spliced form shall be secured by an approved device such as a wire nut, scotchlock, etc. (h) On all commercial installations, the electrical contractor shall furnish the city inspections department a calculated load and riser diagram prior to requesting an electrical permit. (i) On all rewiring of old installations, the wiring may be done according to Chapter 9, Table 4-A, National Electrical Code on Supp.No.18 291 §4-75 EULESS CODE §4-81 rewiring. The existing load plus additional load must be calcu- lated and riser size and entrance cable sized accordingly. (j) Service entrance conductors shall not be run at a distance greater than twenty-five (25) feet within the hollow space of a frame building unless provided with automatic over-current pro- tection at their outer ends. (k) All electrical panels and meters on frame shall be mounted on two-inch by four-inch board backing and in installations on brick veneer lead anchors must be used. No electrical panels or electric boxes shall be mounted on opposite side of walls of bath- tub enclosure. (Ord. No. 891, § 7, 8-26-86) Sec. 4-76. Violation;penalty. Any person,firm or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor and the person, firm or corporation, or an employee, an agent, manager, or officer thereof, shall be fined in any amount not less than twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000.00) for each offense, and every violation and each and every day's failure or refusal to comply with said provisions will constitute a separate offense, and in case of willful or continued violation by any person,firm or corporation as aforesaid, or their agents, employees, servants or officers, the city shall have the power to revoke and repeal any license under which said person, firm or corporation may be acting, and revoke all permits, privi- leges and franchises granted to said person, firm or corporation aforesaid. (Ord. No. 784, § 10, 4-10-84; Ord. No. 792, § 5, 5-22-84; Ord. No. 891, § 10, 8-26-86) Secs. 4-77-4-80. Reserved. DIVISION 2. INSPECTORS* Sec. 4-81. Office of electrical inspector created; duties generally. There is hereby created the office of electrical inspector of the City of Euless, Texas. It shall be the responsibility and duty of 'Cross references—Receipt of applications for licenses, § 4-97(c); investigation of applicants for licenses, notification of applicant of Supp.No.18 292 ^\ §4-81 BUILDINGS AND STRUCTURES §4-85 the electrical inspector of the city to carry out the terms, provi- sions and requirements of this article and to that end he shall be responsible to the building official. (Ord. No. 891, § 4(1), 8-26-86) Sec. 4-82. Assistant electrical inspectors. There shall be designated from time to time as the need may arise such assistant electrical inspectors as may be deemed nec- essary by the administrative authority of the City of Euless. (Ord. No. 891, § 4(2), 8-26-86) Sec. 4-83. Right of entry;power to arrest. The city electrical inspector shall have the power to enter any building structure, alley, lot, manhole or subway during reason- able hours, and while in the actual performance of his regular duties he shall have the power to arrest or cause the arrest of any person violating any of the provisions of this article. (Ord. No. 891, § 11, 8-26-86) Sec. 4-84. Hindering inspectors prohibited. No person or persons shall hinder or prevent the city electrical inspector or his deputies from making any electrical inspection. (Ord. No. 891, § 4(9), 8-26-86) Sec. 4-85. Power to disconnect service. The electrical inspector is hereby empowered to disconnect or order the public utility company serving electrical energy to sever the electrical service to such wiring, device and/or materi- als found to be defectively installed until the installation of such wiring, device and material has been made safe as directed by the electrical inspector. Any person, firm or corporation ordered to discontinue any electrical service shall do so within twenty- four (24) hours and shall not reconnect or allow it to be recon- nected until notified to do so by the city electrical inspector.(Ord. No. 891, § 4(9), 8-26-86) examination grades, §4-100;requirement of plans and specifications for permits, §4-112(b);reinspection fee, §4-114(b). Stipp.No.18 293 §4-86 EULESS CODE §4-89 Sec. 4-86. Approval of inspector required before reconnect- ing service;exception. When service is disconnected to any building used for commer- cial or mercantile purposes, theaters, gasoline stations and gar- ages in the corporate limits of the city approval must be obtained from the city electrical inspector before reconnecting to the elec- trical energy. Provided,however,where service is terminated for nonpayment of bill, it shall not be necessary to obtain city ap- proval for reconnecting. (Ord. No. 891, § 4(10), 8-26-86) Sec. 4-87. Inspection of new buildings during construction. The city electrical inspector may be called upon as many times as required to inspect new buildings in the course of construction in order not to delay construction, and must inspect such work within forty-eight (48) hours from the time such request is re- ceived,Sunday and holidays excepted.(Ord.No.891, §4(6),8-26-86) Sec. 4-88. Authority to demand uncovering of work con- cealed prior to inspection. The electrical inspector shall have the authority to demand building contractors to open such work that in any manner con- ceals electrical wiring that has been closed without his knowl- edge or permission, and in no case shall inspector issue clearance until he is satisfied that the work is in accordance with the provisions of this article. Inspectors shall have the right to refuse to issue a clearance on any wiring that is concealed in such manner that they cannot fully satisfy themselves that it has been done in accordance with this article.(Ord.No.891, §4(7),8-26-86) Sec. 4-89. Authority to reinspect;correction of defects. The electrical inspector shall have the right at all times to make a thorough reinspection of the installation in or on build- ings and/or premises of all electric wiring, electric devices and electric materials now installed or that may hereafter be installed within the city.When the installation of any such wiring,devices or materials is found to be in a dangerous or unsafe condition,the person, firm or corporation owning, using or operating the same Supp.No.18 294 §4-89 BUILDINGS AND STRUCTURES §4-96 shall be notified in writing and shall make the necessary repairs or changes required to place such wiring, devices and materials in a safe condition and have such work completed within fifteen (15) days from date of said notice or other reasonable period specified by electrical inspector in said notice. (Ord. No. 891, § 4(8), 8-26-86) Sec. 4-90. Inspection of plants;correction of defects. It shall be the duty of the electrical inspector to inspect all public and isolated light plants(excepting property of companies and corporations operating under a regular franchise) now or hereafter in operation,at least once in each year,or more often if application is made by the owners thereof. They shall see that any dangerous or defective machinery, wires or apparatus are removed immediately at the expense of owner or agent of said property. (Ord. No. 891, § 4(4), 8-26-86) Sec. 4-91. Approval of addition to old work; clearance for connection. The electrical inspectors are herein given authority to refuse to issue a permit on an addition to old work where the old work is in an unsafe condition until such is changed to come up to a satis- factory condition. All light, heat and power companies shall be notified not to make service connections until they receive clear- ance on written permission from the electrical inspection depart- ment. (Ord. No. 891, § 4(3), 8-26-86) Sec. 4-92. Removal of dead wires,unused poles or apparatus. It shall be the duty of the electrical inspector to cause all dead wires, unused poles or electric apparatus on the outside of build- ings or in streets or alleys to be removed at the expense of the owners by giving the owners written notice. This does not apply to apparatus owned and operated by the utility company. (Ord. No. 891, § 4(5), 8-26-86) Secs. 4-93-4-96. Reserved. Supp.No.18 295 §4-97 EULESS CODE §4-98 DIVISION 3. LICENSES Sec. 4-97. Contractor's license. (a) When required Electrical contractors, as that term is de- fined in Section 4-71 hereof, shall be required to have an electri- cal contractor's license issued by the City of Euless. No person, firm or corporation shall engage in the City of Euless in the business of installing,altering or repairing any electrical wiring, device or equipment, or the installation, alteration or repair or replacement of starters, motors, generators, signs or stationary electrical apparatus or appliances, nor shall any person, firm or corporation in any manner undertake to execute such work on behalf of another without an electrical contractor's license issued by the city. (b) Qualifications. An applicant for electrical contractor's li- cense must hold a master electrician's license. (c) Application. Any person, firm or corporation desiring to secure an electrical contractor's license under the terms and provisions of this article shall file with the building official an application in writing and shall deliver said application to the chief electrical inspector for further handling in accordance with the terms and provisions of this article. (d) Fees, term of license. The fee for an electrical contractor's license shall be one hundred dollars ($100.00)for a period of one (1) year with an annual license renewal of twenty-five dollars ($25.00). (Ord. No. 891, § 5(1),(9), 8-26-86) Sec. 4-98. Master electrician's, journeyman electrician's license. (a) When required. No person shall act as a master electrician or a journeyman electrician without an appropriate current elec- trician's license issued by the city. (b) Exclusion from master electrician's license. No minor, nor any person or persons not of lawful age, will be issued a master electrician's license. Supp.No.18 �1 296 §4-98 BUILDINGS AND STRUCTURES §4-101 (c) Examination. All applicants for a master electrician's li- cense or journeyman electrician's license shall be required to pass an examination given by a reciprocating city of the Dallas- Fort Worth metroplex. (d) Fees, term of license. The fee for a master electrician's li- cense shall be twenty-five dollars($25.00)for the first year with a renewal fee of five dollars ($5.00) per year. Journeyman electri- cian's license fee shall be two dollars ($2.00) per year. (Ord. No. 891, § 5(2),(8), 8-26-86) Sec. 4-99. Apprentice electrician's license;fee;restrictions. No person shall help or assist a master electrician or journey- man electrician without an apprentice electrician's license issued by the city. An apprentice electrician's license shall be issued upon request of a licensed electrical contractor for an annual fee of one dollar ($1.00). An apprentice electrician shall not be em- ployed or work on any electrical job without supervision by a master electrician or a journeyman electrician as those terms are herein defined. (Ord. No. 891, § 5(5), 8-26-86) Sec. 4-100. Investigation of applicants;examination. It shall be the duty of the chief electrical inspector to make such investigation as he may deem necessary as to all applicants, as to their qualifications, fitness, reputation, character and fi- nancial ability, and if after such investigation the chief electrical inspector is satisfied with the qualifications and fitness of the applicant, he shall notify said applicant in writing of such deci- sion and advise the applicant that if he desires an examination,a date, time and place will be set for same. (Ord. No. 891, § 5(10), 8-26-86) Sec. 4-101. Name under which licenses issued. The licenses issued hereunder shall be in the name of the person, firm or corporation as certified by the city electrical in- spector. (Ord. No. 891, § 5(6), 8-26-86) Supp.No.18 297 §4-102 EULESS CODE §4-104 Sec. 4-102. Failure to renew licenses. Any person, firm or corporation failing to renew the electrical license held within thirty (30) days after the expiration of same shall be required to make a new application therefor and pay the usual fee for an initial application. (Ord. No. 891, § 5(4), 8-26-86) Sec. 4-103. Transfer and use of another's license to obtain permit prohibited. It shall be unlawful for any person holding any electrical li- cense issued hereunder to transfer or allow the use of same, directly or indirectly, by any person, firm or corporation for the purpose of obtaining a permit to do electrical work in the city. (Ord. No. 891, § 5(7), 8-26-86) Sec. 4-104. Recognition of electrical licenses issued by other Texas cities. An electrician holding a current electrical license issued by another incorporated city in the State of Texas, such license being substantially the same as that defined in this chapter,may apply for and receive a similar electrical license in the City of Euless without taking an examination, provided: (a) Such applicant electrician shall satisfy the Euless Electri- cal Board that such applicant's license was issued under conditions comparable to those required by this division. (b) That the city which issued such applicant electrician's license has a similar reciprocal condition in its ordinances permitting the holder of the type of electrical licenses is- sued by the City of Euless to obtain a license in such other city without an examination. (c) That the Euless Electrical Board shall be satisfied with the applicant's qualifications and ability and vote affirma- tively to grant such license. (d) Payment is made of the license registration fee required by this article and subsequent amendments thereto. Supp.No.18 298 §4-104 BUILDINGS AND STRUCTURES §4-112 (e) Such applicant shall be subject to and comply with and adhere to all other requirements of the electrical ordinance of the City of Euless. (Ord. No. 891, § 5(11), 8-26-86) Secs. 4-105-4-110. Reserved. DIVISION 4. PERMITS Sec. 4-111. When permits required. (a) No wiring, device or equipment for the transmission, dis- tribution or utilization of electrical energy for light,power and/or heat shall be installed within or on any building or structure,nor shall any alteration or addition be made to any such existing wiring,device or equipment without first obtaining a permit there- for from the inspection department as stated in the following. (b) No permit will be required for the replacement of lamps or the connection of portable devices to suitable receptacles which have been permanently installed. (c) No permit will be required for the installation of wiring and equipment for the operation of transmission of intelligence where such wiring, devices and equipment operate at a voltage not exceeding twenty-five (25) volts between conductors. (Ord. No. 891, § 6(1)—(3), 8-26-86) Sec. 4-112. Application for permits. (a) Application for electrical permits shall describe the work to be done and shall be made in writing to the electrical inspector by the person, firm or corporation installing the work and their permit, when issued, shall be to such applicant. (b) The electrical inspector may require that an applicant for a permit furnish complete plans and specifications for the installa- tion showing sizes of conductors and such other details as may be necessary to determine whether the installation as described will be in conformity with the requirements of this article. (Ord. No. 891, § 6(4), (5), 8-26-86) Supp.No.18 299 §4-113 EULESS CODE §4-120 Sec. 4-113. Issuance not authority to commit violation. The issuance of a permit shall not be taken as permission to violate any of the requirements of this article. (Ord. No. 891, § 6(6), 8-26-86) Sec. 4-114. Fees. (a) The fees to be charged for any electrical work in the City of Euless shall be in accordance with the City of Euless Schedule of Fees,Table A, attached hereto. (b) There shall be a reinspection fee of fifteen dollars ($15.00) where it is necessary for the electrical inspector to reinspect any phase of an electrical job. (Ord. No. 891, § 6(7),(8), 8-26-86) Editor's note—Table A,referred to by §4-114(a)above,has not been included herein,but a copy may be found on file in the office of the city secretary. Sec. 4-115. Insurance. Every registrant shall carry contractor's public liability insur- ance in not less than the following amounts: Bodily Injury— $300,000.00 each occurrence. Property Damage— 100,000.00 each occurrence. (Ord. No. 891, § 5(3), 8-26-86) Secs. 4-116-4119. Reserved. Editor's note—Table A,referred to by§4-114(a)above,has not been included herein,but a copy may be found on file in the office of the city secretary. ARTICLE V. PLUMBING AND GAS FITTING• Sec. 4-120. Code adopted by reference;penalty. (a) The 1982 edition of the Uniform Plumbing Code, as adopted by the International Association of Plumbing and Mechanical Officials with amendments is hereby adopted. One copy of said Uniform Plumbing Code and amendments has been filed in the office of the city secretary for permanent record and inspection. *State law reference—Plumbing license law, V.T.C. S. art. 6243-101. r� Supp.No.18 300 §4-120 BUILDINGS AND STRUCTURES §4-120 (b) Any person, firm or corporation violating any of the terms and provisions of this code shall be deemed guilty of a misdemea- nor and, upon conviction thereof,shall be fined in an amount not to exceed one thousand dollars ($1,000.00). Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. (Ord. No. 502, § 1, 3-23-76; Ord. No. 616, § 1, 3-25-80; Ord. No. 716, §§ 1, 5, 9-28-82; Ord. No. 792, § 6, 5-22-84; Ord. No. 890, §§ 1, 2, 8-26-86) Editor's note—Ord. No.502, § 1,adopted March 23, 1976,did not specifically amend the Code.At the discretion of the editor,said ordinance has been codified as superseding former § 4-120 which had pertained to the adoption of the Texas Municipal League Plumbing Code. Said section together with §4-121,had been contained in the original codification.Former§4-121,which set out amendments to the former code,has been deleted due to the city's request that technical code amendments be adopted by reference. Permit fees have not been set out herein, but a schedule of said fees may be found on file in the office of the city secretary. Cross reference—General penalty, § 1-6. Supp.No.18 300.1 Chapter 6 FIRE PROTECTION AND PREVENTION* Art. I. In General,§§6-1-6-19 Art. II. Fire Department,§§6-20-6-39 Art. III. Fire Marshal, §§ 6-40-6-59 Art. IV. Transportation, Handling and Storage of Volatiles, §§ 6-60- 6-70 ARTICLE I. IN GENERAL Sec. 6-1. Fire prevention code—Adopted; definitions; fire prevention officer; amendments. (a) Code adopted. There is hereby adopted by the city council 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 West- ern Fire Chiefs Association and the International Conference of Building Officials, being particularly the 1985 edition thereof, including Appendices I-A through C, II-A through D,III-A through C, IV-A, V-A, VI-C through D, save and except such portions as are hereafter deleted, modified or amended by this chapter, cop- ies 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. (b) Definitions. Whenever and wherever used in the Uniform Fire Code,the following terms shall have the meanings hereinaf- ter ascribed thereto: (1) Wherever the term "jurisdiction" is used in the Uniform Fire Code, it shall be held to mean the City of Euless. (2) 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. *Cross references—Burning trash prohibited, § 7-12; following fire ap- paratus, § 14-80; crossing fire hose, § 14-81. State law reference—Authority of city, V.T.C.S. arts. 1068, 1175 (15, 25, 27). Supp.No.18 435 §6-1 EULESS CODE §6-1 (3) Wherever the words "fire prevention engineer" or "fire prevention officer" are used, they shall be held to mean "chief of the bureau of fire prevention." (4) Wherever the words "fire marshal" shall appear in the Code of Ordinances or within the Uniform Code adopted herein, they shall be held to mean the chief of the bureau of fire prevention. (c) Fire prevention officer. The fire chief shall appoint, on the basis of qualifications, one of the classified fire personnel to per- form the duties of fire prevention and such person shall be known as the chief of the bureau of fire prevention and shall perform those duties herein assigned to the fire marshal, fire and arson investigator, fire inspector or fire prevention engineer. Other personnel may be assigned by the fire chief as needed or required 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 such positions. (d) Districts. The establishment of limits or districts,having to do with the storage of hazardous or explosive materials referred to within the Uniform Fire Code, shall be as follows: (1) The limits referred to in Section 79.501 of the Uniform Fire Code in which flammable or combustible liquid stor- age in outside aboveground tanks is prohibited are hereby established as the entire City of Euless; it being the inten- tion of this body to entirely prohibit outside aboveground storage of Class I and Class II flammable or combustible liquids; (2) The limits referred to in Section 82.105(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 pro- hibit the bulk storage of liquified petroleum gas within the corporate limits of the City of Euless; (3) The limits referred to in Section 77.106(b) of the Uniform Fire Code in which storage of explosives and blasting agents is prohibited hereby are established as being the entire Supp.No.18 436 §6-1 FIRE PROTECTION AND PREVENTION §6-1 City of Euless; it being the intention of this body to en- tirely prohibit the storage of explosives and blasting agents within the corporate limits of the City of Euless. (e) Amendments to the Uniform Fire Code. The Uniform Fire Code, as herein adopted, is amended in the following respects to be read as hereinafter indicated: (1) Section 2.105. Section 2.105 of the Uniform Fire Code is hereby amended to read as follows: The chief and 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 firefighting more difficult, including,but not limited to, the following offenses: (1) Failure to maintain proper marking of designated fire lanes. (2) Parking of motor vehicles or otherwise obstructing 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. (2) Section 2.303. Section 2.303 of the Uniform Fire Code is hereby amended by adding paragraph(c)to read as follows: (c) The 1986 edition of the National Fire Protection Associa- tion Recognized Standards. (3) Article 4, Section 4.101. Amend Article 4, Section 4.101, number 27, "Liquefied Petroleum Gases," to read as follows: Except for portable containers of less than twenty-five (25) gallon water capacity to install or maintain any LP gas tank vehicle which is used for the transportation of LP gas. Where a single container or the aggregate capacity of interconnected containers is over one hundred(100)gallon water capacity, the installer shall submit plans for such permit. See Article 82. (4) Article 4, Section 4.108. Amend Article 4 by adding new Section 4.108 to read as follows: Supp.No.18 437 §6-1 EULESS CODE §6-1 Permit Fees (A) No permit shall be issued unless the applicant has first paid to the bureau of fire prevention the fee required therefor as follows: Permit Description Application Fee 1. Aircraft refueling vehicles $ 50.00 2. Aircraft repair hangar 50.00 3. Automobile wrecking yard 30.00 4. Bonfires or rubbish fires(utilizing TACB- approved air curtain system only) 100.00 5. Bowling pin or alley refinishing 50.00 6. Burning in public place 100.00 7. Candles and open flames in assembly areas 20.00 8. Cellulose nitrate storage 30.00 9. Combustible fiber storage 30.00 10. Compressed gases, flammable 30.00 11. Combustible material storage 30.00 12. Cryogens 50.00 13. Dry cleaning plants: (a) Noncombustible liquid use 30.00 (b) Flammable or combustible liquid use 30.00 14. Dust-producing operations 30.00 15. Explosives or blasting agents 40.00 16. Fireworks(certified display only) No charge 17. Flammable or combustible liquid pipe- line operation and excavation 50.00 18. Flammable or combustible liquid and tanks: (a) Storage of Class I liquids in safety cans 10.00 (b) Storage of Class II or III liquids in portable containers 30.00 (c) Installation of underground tanks for the storage, use or sale of flamma- ble and combustible liquids 75.00 Supp.No.18 438 §6-1 FIRE PROTECTION AND PREVENTION §6-1 Permit Description Application Fee (d) Remove, abandon, place temporarily out-of-service, flammable or combus- tible liquid tanks 30.00 (e) Changing contents stored flammable or combustible liquid tanks 30.00 (f) Operation of refineries, chemical plants and distilleries 40.00 19. Fruit ripening processing 30.00 20. Fumigation or thermal insecticidal fog- ging 30.00 21. Garages 30.00 22. Hazardous materials 50.00 23. Hazardous production materials 50.00 24. Highly toxic pesticides 30.00 25. High-piled combustible storage 30.00 26. Junk yards 30.00 27. Liquefied petroleum gases: (a) Portable containers of 25 gallons and up; to and including 120 water gal- lon capacity 20.00 (b) Container exceeding 120 water gal- lon capacity up to and including 1,200 water gallons 30.00 (c) Containers exceeding 1,200 water gal- lon capacity of 2,000 gallon water capacity 75.00 28. Lumber yards 30.00 29. Magnesium, working of 30.00 30. Mall, covered: (a) Display booths,concessions 15.00 (b) As place of assembly 30.00 (c) Open flame devices(use of) 10.00 (d) To display liquid or fueled-powered equipment 30.00 (e) Use of liquid or compressed flamma- ble gas 10.00 31. Matches 50.00 32. Nitrate film 30.00 33. Oil and natural gas wells 30.00 Supp.No.18 439 §6-1 EULESS CODE §6-1 Permit Description Application Fee 34. Open burning: (a) Display fires,entertainment events 15.00 (b) Warming fires or portable heating appliances 15.00 (c) Training fires(F.D.use) No charge 35. Open-flame devices in marinas 30.00 36. Organic coatings 30.00 37. Oven,industrial baking or drying 30.00 38. Parade floats 10.00 39. (a) Places of assembly 30.00 (b) Nonprofit organizations-Churches, etc. No charge 40. Radioactive materials 30.00 41. Refrigeration equipment 30.00 42. Spraying and dipping operations 30.00 43. Tank vehicles for flammable and com- bustible liquids Exempt- No charge 44. Temporary places of assembly (30 days maximum): (a) Tents and air-supported structures covering an area greater than 200 sq.ft 30.00 (b) Circus, side show, carnival 30.00 (c) Exhibitions 30.00 (d) Dance halls 30.00 45. Tire recapping 30.00 46. Waste material handling plant 30.00 47. Welding and cutting operations 30.00 48. Speed bumps in marked fire lanes 15.00 49. Inspection fee(initial inspection) No charge 50. Re-inspection fee (3rd visit and thereaf- ter ) 15.00 51. Plan review fee No charge 52. Hydrant flow-test fee 15.00 53. Fire alarm system's fee schedule outlined in building code. Supp.No.18 440 §6-1 FIRE PROTECTION AND PREVENTION §6-1 Permit Description Application Fee 54. Fire sprinkler and wet/dry standpipe sys- tem's fee schedule outlined in building code. (B)Consolidation of permits. Where permits are consolidated as outlined in Section 4.106, the permit fee shall be the sum of all fees for all uses so consolidated. (C)Uses in existence at the time of adoption of this provision shall be subject to the provisions of this Article 4 requiring a permit,but shall be exempt from any fees due,based upon this schedule from the date of issuance for three (3) consecutive years. Any change in operation within that period requiring a new certificate of occupancy as outlined in the building code shall void such exemption. (D)Permits shall have an expiration date not to exceed three (3) consecutive years from the date of issuance. Temporary permits shall be valid for a period of time as set forth therein by the chief of the bureau of fire prevention. (5) Section 10.206. Section 10.206 of the Uniform Fire Code is hereby amended to read as follows: Obstruction of Fire Protection Equipment Sea 10.206. (a) No person shall place or keep any post,fence, vehicle, growth, trash, storage or other material or thing near any fire hydrant, fire department connection or fire protection system control valve that would prevent such equipment or hydrant from being immediately discernible or in any other manner deter or hinder the fire department from gaining im- mediate access to said equipment or hydrant.A minimum three- foot clear space shall be maintained around the circumference of the fire hydrants except as otherwise required or approved by the chief. (b) Fire zones. When the authority having jurisdiction de- termines that an area is necessary to gain immediate access to any fire protection equipment, appliance, or hydrant or to gain access for fire department entry to buildings for the purpose of Supp.No.18 441 §6-1 EULESS CODE §6-1 life safety, the area shall be marked or posted as approved by the authority having jurisdiction. (6) Section 10.207. Section 10.207 of the Uniform Fire Code is hereby amended to read as follows: (a) General. Emergency access easements or roadways for fire apparatus shall be provided and maintained in accordance with provisions of this section. (b) Where required. Fire apparatus access roads or easements shall be required for every building hereafter constructed. Such roadway or emergency access easement shall provide for all portions of the first story of a structure to be within the unob- structed deployment of one hundred fifty(150)feet of preconnected hose line from a fire apparatus located within said access road- way or easement. Where access requirements cannot be fully provided, recognized fire protections systems shall be installed as prescribed and approved by the authority having jurisdiction. (c) Permissible modifications. Clearance or widths required by this section may be increased when, in the opinion of the chief of the bureau of the fire prevention, minimum clearances or widths are not adequate to provide fire apparatus access. For high-piled combustible storage, see Section 81-109. (d) Surface. Fire apparatus access roads shall be designed and maintained in a manner to support the imposed loads of fire apparatus. Access roadway surfaces shall be constructed of asphalt or concrete and engineered so as to provide all-weather driving and maneuvering capabilities. (e) Width. The minimum unobstructed width of a fire appa- ratus access roadway shall not be less than twenty (20) feet, unless such roadway parallels parking facilities on one or more sides, in which case such roadway or access easement shall not be less than twenty-four (24) feet of unobstructed width. The authority having jurisdiction may increase minimum widths when deemed necessary to provide adequate access for protection. (f) Vertical clearance. All fire apparatus access roads shall have an unobstructed vertical clearance of not less than thir- teen feet six inches(13' 6"). Supp.No.18 442 §6-1 FIRE PROTECTION AND PREVENTION §6-1 EXCEPTION: Upon approval, vertical clearance may be re- duced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. (g) Turning radius. The turning radius of a fire apparatus access roadway shall be set and approved by the chief of the bureau of fire prevention. Unless otherwise stipulated, each access roadway turning radius shall be twenty (20) feet inside dimension, forty(40)feet outside dimension. (h) Turnarounds. Any such roadway or emergency access easement more than one hundred fifty(150)feet in length shall either be connected to another dedicated public street or fire lane easement, or be provided with a paved roadway turn- around with a turning radius no less than fifty(50)feet. (i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the building code and using designed live loading sufficient to carry the imposed loads of fire apparatus. (j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief of the bureau of fire prevention. (k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. (1) Signs. When required, approved signs,fire lane stripping or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof, or both. (m) Speed bumps. No person,firm or corporation shall place, construct, erect or maintain any speed bumps in a marked fire lane or emergency access roadway without first obtaining a permit. Such speed bumps shall be constructed as not to exceed the height of five(5)inches and a rise at the ratio of two to one (2:1). Supp.No.18 443 §6-1 EULESS CODE §6-1 (7) Section 10.208. Section 10.208 of the Uniform Fire Code is hereby amended to read as follows: Premises Identification Section 10.208. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background. (1) Residential occupancies shall have numbers a minimum of four(4) inches in height. (2) Multifamily, townhomes, condominiums and commercial occupancies shall have street and/or building numbers a minimum of eight (8) inches in height. When deemed nec- essary by the authority having jurisdiction, the street and/or building numbers may be required to be of a larger size for immediate and visible identification. (3) If structure is more than two hundred (200) feet from a public street, the address shall also appear at the front or main entry to the property. (4) When deemed necessary by the authority having jurisdic- tion, the street or building numbers may be required on more than one side of the structure or property. (5) Building and/or street numbers shall be located in an area and lighted in a manner that will make them immediately discernible as approved by the authority having jurisdic- tion. Exception: neighborhood residential districts contain- ing single-family detached and single-family attached(du- plex)dwellings. (8) Section 10.306. Section 10.306 of the Uniform Fire Code is hereby amended to read as follows: (a) An approved automatic fire alarm system shall be in- stalled in the following occupancies: (1) Multifamily,townhomes and condominium occupancies con- taining five (5) or more units joined by common walls or constructed with a common roof line, regardless of any area separation and are two(2)or more stories in height. Supp.No.18 444 • §6-1 FIRE PROTECTION AND PREVENTION §6-1 (2) Hotel/motels either two (2) or more stories in height, or containing twelve (12) or more guest rooms, regardless of any area separation walls. (3) Educational facilities having an occupant load greater than fifty(50)persons. (4) Preschool and/or day care centers having an approved li- cense for six(6)or more children. (5) Group A, Group B, Group H and Group I occupancies as required by NFPA Standard 101 for the maintenance and notification of the occupants for life safety purposes. (b) The alarm system shall include provision for smoke and heat detection and manual operation as prescribed by the au- thority having jurisdiction. (c) Connection to other systems.A signal system or intercom- municating system shall not be used for any purpose other than fire warning unless it meets the requirements of this article. (d) Standard for installation, inspection and maintenance. Installation, inspection and maintenance of the fire alarm sys- tem shall be according to the standards set forth in U.F.C. Standard No. 10-2, and applicable to NFPA Standards. (e) Location of stations. Stations for operating any manually operated fire alarm system shall be placed immediately adja- cent to the telephone switchboard in the building, if there is a switchboard, and at such other locations as may be required by the chief of the bureau of fire prevention. (f) Automatic telephone dialing devices to transmit an emer- gency alarm shall not be connected to any fire department telephone number unless approved by the chief of the bureau of fire prevention. (g) All control functions necessary to the operation of the fire alarm system shall be routed through a single control panel and mounted in an accessible location as approved by the au- thority having jurisdiction. Supp.No.18 445 §6-1 EULESS CODE §6-1 (h) Where required by the authority having jurisdiction,the fire alarm systems shall be monitored by an approved central receiving station meeting NFPA Standards. (9) Section 10.308. Section 10.308 of the Uniform Fire Code is hereby amended in the following paragraphs:(c)1.,(c)3. and(d)to be and read as follows: (c) Group A Occupancies. 1. Night club, discos and restaurants. An automatic sprinkler system shall be installed in all occupancies used for drink- ing or dining, when the total occupancy area exceeds five thousand (5,000) square feet, regardless of the area wall separations from other unseparated rooms or area uses. 3. Assembly areas, exhibition and display rooms. An auto- matic sprinkler system shall be installed in all Group A occupancies which have more than ten thousand (10,000) square feet of floor area which can be used for exhibition, assembly or display purposes. (d) Group B, Division 2 Occupancies. An automatic sprinkler system shall be installed in all occupancies classed as Group B, Division 2 where the floor area exceeds twelve thousand(12,000) square feet on any floor or twenty-four thousand(24,000)square feet on all floors or in Group B,Division 2 occupancies three(3) or more stories in height. The area of mezzanines shall be included in determining the areas where sprinklers are required. (10) Section 10.311 Table No. 10.311. Section 10.311 of the Uniform Fire Code, Table 10.311, Standpipe Requirements, No. 2., is hereby amended to read as follows: 2. Occupancies three (3) stories or more, but less than one hundred fifty (150) feet in height, including apartments, condominiums and townhomes. (11) Section 10.3110. Section 10.311 of the Uniform Fire Code is hereby amended by adding a new paragraph (f) to read as follows: (f) Standpipe hose connections for apartments, condominiums and townhomes shall be located on each floor level and in the Supp.No.18 446 §6-1 FIRE PROTECTION AND PREVENTION §6-1 areas of common ingress and egress, in such a manner as to provide a hose lay distance no greater than one hundred (100) feet from the connection to the front doorway of any single unit on that floor level. Fire department yard connections shall be located at a distance no greater than ten(10)feet from any fire lane and serving no more than one building. Standpipe connections shall meet the requirements for ma- terial and construction as outlined in the adopted issue of NFPA Standard No. 14,for Class I and III dry standpipe systems. (12) Section 11.403. Section 11.403 of the Uniform Fire Code is hereby amended to read as follows: Asphalt Kettles Section 11.403. (a) It shall be unlawful to transport or per- mit to be transported any asphalt kettle beneath which is maintained any open fire, heated coals or ashes over any high- way, road or street. Asphalt kettles shall not be used inside or on the roof of any building. There shall be at least one ap- proved fire extinguisher of a minimum 40 BV classification within thirty(30)feet of each asphalt kettle during the period such kettle is in use, and one additional 40 BC classification fire extinguisher on the roof being covered. (b) Asphalt kettles shall be equipped with a tight-fitting cover. A kettle, when in operation, shall be placed a safe dis- tance from any combustible material or buildings. An atten- dant shall be within one hundred(100)feet of the kettle at all times, while the burner flame is on, with no ladders or similar obstacles forming a part of the route to be taken to reach the kettle. EXCEPTION: If a kettle is controlled by an operating thermo- stat, the above distance and route limitations do not apply. (13) Section 12.103(e). Section 12.103(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, under or at the bottom of any exit stairway, inside or outside Supp.No.18 447 §6-1 EULESS CODE §6-1 exit hallway, elevator or other means of egress any materials the presence or the burning of which would obstruct or render hazardous egress to persons from the building. (14) Section 12.103(fl. Section 12.103 of the Uniform Fire Code is hereby amended by adding a new paragraph (f) to read as follows: (f) Every service aisle, not defined or required as an exitway in a commercial retail establishment, shall have a clear aisle width of at least four (4) feet, and shall be maintained to at least this width free of obstructions. (15) Section 12.113. Section 12.113 of the Uniform Fire Code is hereby amended to be and read as follows: Exit Illumination Section 12.113. (a) General. Except within individual dwell- ing units, guest rooms and sleeping rooms, exits shall be illu- minated any time the building is occupied with light having intensity of not less than one(1)footcandle at floor level. �1 EXCEPTIONS: In auditoriums, theaters, concert or opera halls and similar assembly uses, the illumination at floor level may be reduced during performances to not less than two-tenths (0.2)footcandle. (b) Power supply. The power supply for exit illumination shall normally be provided by the premises wiring system. In the event of its failure, illumination shall be automatically provided from an emergency system where the occupant load of the occupancy is fifty (50) or more persons. For high-rise build- ings and smoke-proof enclosures, see the building code. Emer- gency systems shall be supplied from storage batteries or an on-site generator set, and the system shall be installed in ac- cordance with the requirements of the electrical code. (c) Windowless or underground areas shall be provided with an emergency illumination system and approved by the au- thority having jurisdiction. (16) Section 12.114. Section 12.114 of the Uniform Fire Code is hereby amended to be and read as follows: Supp.No.18 448 §6-1 FIRE PROTECTION AND PREVENTION §6-1 Exit signs Section 12.114. (a) Where required, exit signs shall be in- stalled at required exit doorways and where otherwise neces- sary to clearly indicate the direction of egress. EXCEPTION: Main exterior exit doors which obviously and clearly are identifiable as exits need not be signed when ap- proved by the building official. (b) Graphics. The color and design of lettering, arrows and other symbols on exit signs shall be in high contrast with their background. Words on the sign shall be in block letters six (6) inches in height with a stroke of not less than three-fourths(3 ) inch. (c) Illumination. Signs shall be internally or externally il- luminated by two (2) electric lamps. When the luminance on the face of an exit sign is from an external source,it shall have intensity of not less than five(5)footcandles from either lamp. Internally illuminated signs shall provide equivalent luminance. (d) Self-luminous type illumination may be approved by the authority having jurisdiction when internal or external illu- minated fixtures are not practical or applicable to the situation. (e) Power supply. Power supply for exit fixture illumination shall normally be provided by the premises wiring system. In the event of its failure, exit sign illumination shall be from storage batteries or an on-site generator set and the system shall be installed in accordance with the electrical code for emergency lighting provisions. EXCEPTION: Occupancies in existence at the time of the adop- tion of this provision need not comply unless changes, altera- tions or repairs affect their present existence. For high-rise buildings, see the building code. (17) Section 25.77. Section 25.77 of the Uniform Fire Code is hereby amended to read as follows: Standby Personnel Supp.No.18 449 §6-1 EULESS CODE §6-1 Section 25.771. Whenever, in the opinion of the chief, it is essential for public safety in any place of public assembly or any other place where people congregate, due to the number of persons, or the nature of the performance, exhibition, display, contest or activity, the owner, agent or lessee shall employ one or more experienced and certified firemen, as required and approved by the chief, to be on duty at such place, and said fireman shall be paid in cash,unless otherwise approved by the chief, at the end of each day's tour of duty at the hourly rate approved and established by the chief and to be on duty at such place in an official capacity by the chief. Such individuals shall be subject to the chief's orders at all times when so employed, and shall be in uniform and remain on duty during the times such places are open to the public, or when such activity is being conducted. Before each performance or the start of such activity, such individuals shall inspect the required fire appli- ances provided to see that they are in proper place and in good working order, and shall keep diligent watch for fires during the time such place is open to the public, or such activity is being conducted, and take prompt measures for extinguish- ment of fires that may occur. Such individuals shall not be required or permitted, while on duty, to perform any other duties than those herein specified. (18) Section 79.301(a). Section 79.301(a) of the Uniform Fire Code is hereby amended to read as follows: (a) All storage of tanks of Class I, Class II and Class III flammable liquids shall be located outside the buildings, ac- cording to this code. (19) Appendix III-C. Appendix III-C, No. 12 of the Uniform Fire Code is hereby amended to read as follows: 12. Maintenance of Systems (a) All fire alarm systems shall be maintained in accordance with Section 10.302. (b) The authority having jurisdiction shall be notified of any required fire alarm system that is to be out of service for a period greater than four(4)clock hours. Supp.No.18 450 §6-1 FIRE PROTECTION AND PREVENTION §6-2 (c) Occupancies having a required fire alarm system shall have and maintain a maintenance contract with a licensed fire alarm company to provide for the repairs and adjustments of the fire alarm system as required. Such maintenance contract shall provide for twenty-four-hour emergency service with no less than a two-hour response time, and shall provide that the name of the alarm company, duration of the contract and emer- gency numbers shall be made available to the fire marshal's office within thirty(30)days after the contract's effective date. (d) When systems are to be out of service for a period greater than four (4) clock hours, and when, in the opinion of the authority having jurisdiction, a watch is essential for the safety of the building's occupants, standby personnel shall be required as provided in Section 25.117 of this code. (20) Section 87.103(q). Section 87.103 of the Uniform Fire Code is hereby amended by the addition of a new paragraph (q) to be and read as follows: (q) Combustible material storage. The storage of combustible materials used for construction shall be located at a distance no greater than one hundred(100)feet from a dedicated public street or emergency access easement as outlined in Section 10.207 of this code. (Ord. No. 545, § 1, 5-23-78; Ord. No. 888, § 1, 8-26-86) Sec. 6-2. Same—Enforcement, modifications. The enforcement of the fire prevention code shall be by the city manager, or such other official as may be designated by him. Such official shall have power to modify any of the provi- sions of the fire prevention code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided the spirit of the code shall be observed, public safety secured and substantial justice done. (Ord. No. 406, § 3, 8-10-71) Supp.No.18 451 §6-3 EULESS CODE §6-6 Sec. 6-3. Same—Appeals from decisions. Whenever it is claimed that the provisions of the fire pre- vention code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, an appeal from the decision of the designated official may be made to the city council within thirty (30) days from the date of the decision appealed. (Ord.No. 406, § 4, 8-10-71) Sec. 6-4. Same—Penalty. Any person violating the terms and provisions of the fire prevention code shall be deemed guilty of a misdemeanor, and shall be punished as provided in Section 1-6 of this Code of Ordinances, and each day that such violation continues shall be a separate offense; this penalty shall be cumulative of all other remedies. (Ord. No. 406, § 5, 8-10-71) Sec. 6-5. Arson reward. The city hereby offers a reward of two hundred fifty dol- lars ($250.00) for the arrest and conviction of any person found guilty of committing the crime of arson within the city. This reward is a standing reward offer, and shall be paid out of tie general fund of the city upon authorization of the city council. (Ord. No. 193, § 1) State law reference—Crime of arson, V.T.P.C. art. 1304 et seq. Sec. 6-6. Fireworks—Definition. "Fireworks" shall mean and is defined as being any com- bustible, flammable, or explosive device, compound, substance or combination of substances, made, prepared or manufac- tured for the purpose of producing a visible or an audible combustion, explosion, deflagration, detonation, display of sparks, display of flames, or other like or similar effect, and shall include, firecrackers, Roman candles, skyrockets, torpedoes, sparklers or other fireworks of like composition and any fireworks containing any explosive or flammable com- pound, or any tablets or other device containing any explosive substance, blank cartridges, toy pistols, toy cannons, toy canes Supp.No.18 452 § 6-60 FIRE PROTECTION AND PREVENTION § 6-60 shall be determined in accordance with the Standard Method of Test for Flash Point by the Pensky Morters closed tester, ASTM D-93-69. Liquid: Any material which has a fluidity greater than that of three hundred (300) penetration asphalt when tested in accordance with ASTM Test for Penetration for Bitumi- nous Materials, D-5-65. When not otherwise identified, the term "liquid" shall include both flammable and combustible liquids. Low pressure tank: A storage tank which has been de- signed to operate at pressures above five-tenths (0.5) psig, but not more than fifteen (15) psig. Portable tank: A closed container having a liquid capacity over sixty (60) U.S. gallons and not intended for fixed instal- lation. Pressure vessel: A storage tank or vessel which has been designed to operate at pressures above fifteen (15) psig. Safety can: An approved container, of not more than five (5) gallons capacity, having a spring-closing lid and spout cover and so designed that it will safely relieve internal pres- sure when subjected to fire exposure. Service station: Any location or building where gasoline or combustible liquids are stored or sold to the public. Unstable liquid: A liquid which in the pure state or as commercially produced or transported will vigorously poly- merize, decompose, condense or will become self-reactive un- der conditions of shock,pressure or temperature. Vapor pressure: The pressure, measured in pounds per square inch, exerted by a volatile liquid as determined by the Standard Method of Test for Vapor Pressure of Petroleum Products (Reid Method), ASTM D-323-58. Ventilation: For the prevention of fire and explosion. It is considered adequate if it is sufficient to prevent accumulation of significant quantities of vapor-air mixtures in concentration Supp.No.18 465 § 6-60 EULESS CODE § 6-63 over one-fourth of the lower flammable limit. (Ord. No. 370, § II, 3-24-70) Cross reference—Definition of"mobile service unit",§6-68. Sec. 6-61. Compliance with article. It shall be unlawful for any person, firm or corporation to transport, keep, store or handle gasoline or other volatiles in the city, except as specified in this article. (Ord. No. 370, § I, 3-24-70) Sec. 6-62. Classification of flammables. Flammables are classified as follows: (1) Class I: Acetone Benzol Collidion Ether Gasoline Naphtha (2) Class II: Alcohol Amyl acetate Ethyl acetate Methyl acetate Toluol (3) Class III: Amyl alcohol Fuel oil Kerosene Turpentine (Ord. No. 370, § III, 3-24-70) Sec. 6-63. Service stations—Tanks. (a) Maximum storage capacity: No service station erected or constructed in the city shall have a storage capacity exceeding Supp.No.18 466 § 6-63 FIRE PROTECTION AND PREVENTION § 6-63 forty thousand (40,000) gallons of which any one single storage tank shall not exceed ten thousand(10,000)gallons. (b) Underground tanks only: All storage tanks used for dis- pensing of flammable liquids shall be underground tanks. (c) Tank installation: Underground tanks shall be installed on firm foundations and surrounded with at least six (6) inches of noncorrosive, inert materials, such as clean sand or washed sand. Tanks shall have a minimum cover of one foot of arth with a reinforced concrete slab of not less than four (4) inches thick and extending at least six (6) inches be- yond tank limits. Tanks installed underground and subject to traffic shall be protected against damage from vehicles by having at least three (3) feet of compacted earth cover or eighteen (18) inches of well tamped earth, plus six (6) inches of reinforced concrete or eight (8) inches of asphalt concrete. Concrete or asphalt shall extend one foot horizontally beyond the outline of tank. (d) Venting underground tanks: Vent pipe on underground storage tanks shall be located on the outside of the build- ing and shall be not less than twelve (12) feet above ground �-- level. They shall be so located as to prevent vapor from enter- ing the building and shall be so graded that any liquid which collects in the vent lines will drain back into storage tanks. Vent pipes shall enter the top of storage tanks and be well protected from physical damage. Vent pipes shall be not less than one and one-quarter (11/4) inches nominal inside diam- eter. Vent pipes shall be sized according to the maximum flow of intake and liquid removed from the tank per minute. A flow up to two hundred (200) gallons per minute shall require a one and one-quarter (11/4) inch vent not to exceed two hundred (200) feet. A flow of two hundred (200) to five hundred (500) gallons per minute shall require a one and one-half (11/4) inch vent not to exceed one hundred (100) feet in length. A flow of seven hundred (700) gallons per minute shall require a two-inch vent not to exceed two hundred (200)feet in length. Vents shall terminate in a double gooseneck spark protection, two(2)foot minimum above roof. Supp.No.18 467 § 6-63 EULESS CODE § 6-64 �. (e) Tank piping and openings: Connections for all tanks shall be vapor and liquid tight. Fill and discharge lines shall enter the tank from the top. Filling and emptying connections which are made or broken shall be made outside of buildings not less than five (5) feet away from any opening, and the location shall be free from any source of ignition. Such con- nection shall be closed and liquid tight when not in use. The connection shall be properly identified. (f) Tank materials: All underground tanks installed in the city shall follow the specifications below. Tanks of five hundred sixty (560) gallons or less shall be made of not less than twelve (12) gauge galvanized steel or one-quarter-inch black open hearth tank steel. Tanks with five hundred sixty (560) to six thousand (6,000) gallons capacity shall be not less than three-sixteenths- inch galvanized steel. Tanks of six thousand (6,000) to ten thou- sand(10,000) gallons must be made of not less than one-quarter- inch steel. Fiberglass underground storage tanks shall be allowed in the city only as they are approved by Underwriters' Labora- tory. Each tank must have the Underwriters' Laboratory's seal of approval plainly visible on the exterior of the tank. Red thread glass-fiber reinforced epoxy piping systems may be installed with the fiberglass tanks only if it is installed according to Products Bulletin #7681 of June 1, 1968, as approved by Underwriters' Laboratory. (Ord. No. 370, § IV (A—E), 3-24-70; Ord. No. 888, § 2, 8-26-86) State law reference—State requirements, V.T.P.C. art. 1111c-1, § 4. Sec. 6-64. Same—Pumps and distribution. (a) All service station pumps used in the city for drawing and dispensing Class I, II or III liquids must be approved by Under- writers' Laboratory and bear their seal of approval plainly visi- ble on each pump. (Ord. No. 370, § 4(f), 3-24-70) Editor's note—Ord. No. 545, § 6, adopted May 23, 1978, repealed § 6-64(b) which pertained to automatic or self-servicing pumps or devices and was derived from Ord.No.370, §4(F),3-24-70) Supp.No.18 468 14-77 TRAFFIC § 14-77 (c) Reserved. (Ord.No. 355, § 1,7-8-69;Ord. No. 875, § 1,2-11-86;Ord.No.907, § 1, 10-28-86) Supp.No.18 1026.1 § 16-21 WATER AND SEWERS § 16-22 Sec. 16-21. Connection fees. (a) Water. Prior to receiving service, each consumer shall, upon being connected to the system, pay the following connection fees: Size of Service Tap Fee Meter Box Meter (inches) 5/8-3/4 $250.00 $20.00 $ 70.00 1 300.00 20.00 150.00 11/z 330.00 35.00 299.00 2 650.00 35.00 925.00 Sprinkler Meters: Installing additional meters to existing service: %"—3/4" meter—$61.00 Box and fittings—$65.00 1" meter—$149.00 Box and fittings—$70.00 The above costs are based on cost of SR-T.R.C. meters as of June 12, 1986, and any increase in cost from time to time shall increase by a like amount effective concurrent with such increase charge to the city. (b) Sewer. Sewer connection fees shall be paid solely for the privilege of connection to the system. The cost of installing such connection shall be borne by the user. The fee shall be two hun- dred dollars($200.00). (Ord. No. 795, §§ 3.3(3.3.6), 3.4(3.4.1), 6-12-84; Ord. No. 867, § 1, 11-26-85; Ord. No. 892, § 1, 8-26-86) Sec. 16-22. Water deposits. All applicants for water service will be required to make a meter deposit (payment security deposit) for each water service connection; such deposit to remain with the city throughout the term of the service contract. (a) Deposit for residential customers who have not been dis- connected for nonpayment shall be thirty dollars ($30.00). Each family living unit shall be considered to be a sepa- rate water and/or sewer customer. The deposit shall be thirty dollars ($30.00)per init. (b) Deposits for commercial customers shall not be less than fifty dollars ($50.00) and shall be calculated to equal the Stipp.No.18 1163 4 16-22 EULESS CODE § 16-23 *� multiple of five dollars($5.00) nearest the estimated aver- age monthly billing fbr the particular type of customer involved. Calculation shall be based on water, sewer and garbage monthly billing. (c) Deposits shall be refunded,or, in the event a balance is due, applied against the final bill fbr services required upon termination of the contract. The city will not pay interest on meter deposit funds. (Ord. No. 795, §§ 3.2(3.2.1), 3.3(3.3.1), 6-12-84) Sec. 16-23. Schedule of monthly rates. The schedule of monthly rates for water, sewer, abnormal sew- age surcharge, and industrial cost recovery charge shall be ac- cording to the following: Water Services for All Users (a) Within corporate limits, $3.50 plus $1.25 per thousand gallons thereafter. t1 (b) Outside corporate limits, $10.00 per $1.25 per thousand gallons thereafter. Sewer Service—Residential The sewer service charge for residential customers shall be based on ninety (90) per cent of metered water. Sewer service charges on ninety (90) per cent metered water shall not exceed twelve thousand (12,000) gallons per billing period per living unit.The monthly minimum per dwelling unit shall be as follows: (a) Within the corporate limits,three dollars and twenty cents ($3.20) plus one dollar and five cents ($1.05) per one thou- sand (1,000) gallons of ninety (90) per cent of metered water. (b) Outside the corporate limits, eight dollars($8.00)plus one dollar and five cents ($1.05) per one thousand (1,000) gal- lons of ninety (90)per cent of metered water. Sewer Service—Commercial and Industrial Supp.No.18 ,/h 1164 § 16-23 WATER AND SEWERS § 16-25 Commercial and industrial sewer charges shall be based on one hundred (100) per cent of metered water. The rates are: monthly minimum within city limits—three dollars and twenty cents($3.20) plus one dollar and five cents ($1.05) per one thousand (1,000) gallons;monthly minimum outside city limits—eight dollars($8.00) plus one dollar and five cents ($1.05) per one thousand (1,000) gallons of metered water. The following provisions apply to all commercial and industrial customers: (a) Customers that show proof that a significant portion of metered water does not enter the sanitary sewer shall not be billed for that portion that does not enter sanitary sewer. (b) Monitored group class customers shall be billed according to Section 16-25. (c) Industrial cost recovery group customers shall be billed according to Section 16-25 plus the additional charges in Section 16-26 as required. The above rates are based on the cost of treated water pur- chased by the city from the Trinity River Authority of Texas equal to eighty-seven cents ($0.87) per thousand gallons (cost of water purchased during 1984-85 fiscal year). As the cost of treated water purchased by the city from the Trinity River Authority of Texas increases from time to time, the charge per thousand gal- lons usage shall be increased by a like amount effective concur- rent with such increased charge to the city.The minimum charge and/or usage charge may be further adjusted by the city council from time to time. (Ord. No. 795, § 3.4(3.4.2)—(3.4.4), 6-12-84; Ord. No. 867, § 2, 11-26-85; Ord. No. 892, § 2, 8-26-86) Sec. 16-24. Reconnection of service. Where services have been disconnected for nonpayment, there shall be a five dollar ($5.00) charge for reconnection and five dollar($5.00)additional deposit, and full payment of outstanding bill before reconnection of service. (Ord. No. 795, § 3.3(3.3.5), 6-12-84) Sec. 16-25. Monitored group class. (a) The superintendent shall establish a monitored group class,coo- sisting of those customers whose wastewater strength is, in his Supp.No.18 1165 § 16-25 EULESS CODE: § 16-26 judgement, abnormally high or low, and charges to customers in this class shall be computed in accord with the following five-part rate schedule: Customer monthly service charge $3.20 Volume charge 1.05 per 1,000 gallons BOD. Strength charge 0.0392 per pound of BOD. Suspended solids strength charge . . . . 0.0139 per pound of sus- pended solids. Monitoring charge 100%of total cost to city. (b) The monitoring charge shall consist of all cost for person- nel, material and equipment used to collect and analyze samples from the customer's wastewater to determine the strength of the wastewater produced. The monitored customer's wastewater shall be tested a minimum of once per year, but may be tested on a more frequent basis if deemed necessary by the superintendent or if the mentioned customer requests more frequent testing. (c) This schedule shall replace all other charges previously made for industrial waste strength. (Ord. No. 795, § 3.5(3.5.1), 6-12-84) Sec. 16-26. Industrial cost recovery. (a) Construction costs. In providing a waste treatment system which includes the treatment of industrial wastes, either inde- pendently or in conjunction with other wastes, the Euless Water Department shall have the authority to collect from such indus- trial users all or any part of the construction costs of such waste treatment system reasonably attributed to such industrial wastes. The apportionment of such costs shall be equitable as among industrial users, and such costs may be collected by assessment, connection fee,periodic charges, or in other manners or combina- tions thereof as in the judgment of the director of public works is equitable and will assure such industrial cost recovery. Imple- mentation of industrial cost recovery shall be contingent on noti- fication of apportionment and actual billing by the Trinity River Authority and as mandated by state or federal requirements. Stipp.No.18 1166 CODE COMPARATIVE TABLE Ordinance Section Number Date Section this Code 5.1-5.5 16-76-16-80 6.1 16-10(a) 6.2 16-10(b) 799 7-24-84 1-6 2-12 804 9-11-84 Rpld 4-132-4-138 1-6 4-132-4-137 Exhibit A 4-138 806 9-11-84 1 App.B,Art.I. §7 808 9-11-84 1 8-71 809 9-11-84 1 8-100 2 8-102 4 8-101 814 10- 9-84 1 12-34 827 2-26-85 6 4-150 828 2-26-85 1,2 11-15 Div./Sec. 831 3-12-85 I A 4-170 B 4-171 II 4-172 III A 4-173 B 4-174 C 4-192 4-175 E—G 4-176-4-178 IV A 4-190 B 4-191 C 4-193 D 4-194 V A—D 4-205-4-208 VI 4 179 Section 835 4- 9-85 1 11-14 839 5-14-85 1 App. B, § 11 2 App. B, § 32(10) 849 6-25-75 1--:3 14 1 1 5 857 8-27-85 1 1-6 2 7-30 867 11-26-85 1 16-21(a) 2 1 6-2:3 868 11-26-85 1 App. Ii, §47 875 2-11-86 1 14-77(c) 876 2-25-86 1-14 2-86-2-99 Supp.No.18 1475 EULESS CODE —� Ordinance Section Number Date Section this Code 888 8-26-86 1 6-1 2 6-63(a),(b) 889 8-26-86 1 4-1 890 8-26-86 1,2 4-120 891 8-26-86 1 4-70 2 4-71 3 4-73,4-74 4(1) 4-81 (2) 4-82 (3) 4-91 (4) 4-90 (5) 4-92 (6) 4-87 (7) 4-88 (8) 4-89 (9) 4-84,4-85 (10) 4-86 (11) 4-83 5(1) 4-97(a),(b),(d) (2) 4-98(a),(c),(d) (3) 4-115 (4) 4-102 (5) 4-99 (6) 4-101 (7) 4-103 (8) 4-98(b) (9) 4-97(c) (10) 4-100 (11) 4-104 6(1)—(3) 4-111 (4) 4-112(a) (5) 4-112(b) (6) 4-113 (7) 4-114(a) (8) 4-114(b) 7 4-75 10 4-76 892 8-26-86 1 16-21(a) 2 16-23 901 8-26-86 1-5 2-12 907 10-28-86 1 Rpld 14-77(c) 910 11-25-86 1-14 2'/4-1-2'/a-14 Supp.No.18 1476 �� CODE INDEX AIR POLLUTION CONTROL—Cont'd, Section Standards Air contaminants and activities not covered by state board 8-27 State board regulations 8-26 AIRPORT ZONING BOARD Created 2-8 Regulations, duty to administer 2-8 Representation of political subdivisions 2-9 ALARM SYSTEMS Alarm activation,limitation and reset requirement 2 1/4-4 Alarm system operating instructions 2 1/4-7 Automatic alarm notification prohibited 2 1/4-6 Definitions 2 1/4-1 Direct alarm reporting 2 1/4-6 Exceptions 2 1/4-12 False statements 2 1/4-2 Financial institutions Protection of 2 1/4-8 Implementation of provisions 2 1/4-14 Indirect alarm reporting 2 1/4-5 Limitation 2 1/4-4 Operating instructions 2 1/4-7 Operation and maintenance Proper 2 1/4-3 Performance reviews of systems 2 1/4-13 Permit Application 2 1/4-2 False statements on 2 1/4-2 Fee 2 1/4-2 Refusal to issue,appeal 2 1/4-10 Required 2 1/4-2 Revocation of 2 1/4.10 Appeal of 2 1/4-10 Transferability 2 1/4-2 Proper operation and maintenance 2 1/4-3 Reporting Direct alarms 2 1/4-6 Indirect alarms 2 1/4-5 Reset requirements 2 1/4-4 Service fee 2 1/4-9 System performance reviews 2 1/4-13 Violations, penalty 2 1/4-11 Supp.No.18 1498.1 CODE INDEX DRIVER`S LICENSES Section Vehicles for hire(taxicabs,etc.).See that title DRUMS Prohibited noises enumerated.See:Noises DRUNKENNESS Vagrancy provisions applicable to.See:Vagrancy DUST Air pollution control.See that title E EASEMENTS Subdivision requirements.See:Subdivisions EATING AND DRINKING ESTABLISHMENTS Annual physical examination Required of employees 8-62 Compliance required 8-60 Effective date of provisions 8-72 Employees Annual physical examination required 8-62 Health cards.See within this title that subject Number of,determining 8-71 Enforcement,authority 8-73 Health cards Display 8-64 Fee not required 8-71 Required 8-61 Revocation 8-63 Penalty of violations 8-74 Permits Application for 5-67 Authority to issue 8-66 Display 8-64 Duration 8-68 Fees 8-71 Renewal 8-69 Required 8-65 Suspension of 8-60 Transferable 8-70 United States public health service ordinance Adopted 8-59 Violations,penalty 8-74 ELDERLY Homestead exemption for persons sixty-five or over.See:Taxation Supp.No.18 1509 EULESS CODE ELECTRICAL FENCES Section Prohibited 4-133(d) ELECTRICITY Apprentice electricians Licenses.See within this title that subject Code Adopted 4-73 Contractors License.See within this title that subject Definitions 4-71 Electrical board Created;membership;terms of office 4-72 Examination Applicants for master or journeyman electrician license,re- quired of 4-98(c) Fees 4-98(d) Grades 4-100 Inspectors and inspections Additions to old work,approval of;clearance for connection 4-91 Assistant electrical inspectors 4-82 Concealment of work prior to inspection Authority to demand uncovering 4-88 Disconnecting service 4-85 Hindering inspectors prohibited 4-84 New buildings under construction,inspection of. 4-87 Office of electrical inspector Created;duties generally 4-81 Plants,inspection of;correction of defects 4-90 Reconnecting service Approval required;exceptions 4-86 Reinspection,authority for;correction of defects 4-89 Removal of dead wires,unused poles or apparatus 4-92 Right of entry;power to arrest 4-83 Insurance requirements 4-115 Licenses Apprentice electricians's license Required;fee;restrictions 4-99 Contractor's license When required;qualifications;application;fees;term 4-97 Examination.See within this title that subject Failure to renew 4-102 Investigation of applicants;examination grades 4-100 Master electrician's or journeyman electrician's license When required;examination;fees 4-98 Name under which issued 4-101 Reciprocity and recognition of other cities'licenses 4-104 Transfer and use of another's license to obtain permit prohibited. 4-103 Supp.No.18 1510 CODE INDEX ELECTRICITY—Cont'd. Section Master electricians and journeyman electricians licenses. See within this title that subject Meter installations 4-74 Permits Application 4-112 Fees 4-114 Insurance 4-115 Issuance Violations not authorized by 4-113 Transfer and usP of another's license to obtain permit prohibited 4-103 When required 4-111 Purpose 4-70 Signs and billboards.See that title Violation; penalty 4-76 Permit issuance does not authorize violations 4-113 Wiring requirements 4-75 ELEVATED STRUCTURES Parking on.See:Traffic EMBALMING ESTABLISHMENTS Funeral procession regulations.See:Traffic Vehicles for hire(ambulances).See that title EMERGENCIES Civil preparedness.See that title Fences,walls,hedges and enclosures.See also that title Emergency ingress and egress required 4-13"'f) Water and sewers.See that title EMERGENCY VEHICLES Authorized emergency vehicles.See:Traffic Vehicles for hire(ambulances).See that title EMPLOYEES.See:Officers and Employees ENCLOSURES.See:Fences,Walls,Hedges and Enclosures EULESS,CITY OF.See:Municipality EXCAVATIONS Parking by.See:Traffic Prohibited noises enumerated.See:Noises EXHAUST DISCHARGES Prohibited noises enumerated.See:Noises EXPLOSIVES AND BLASTING AGENTS Fire prevention regulations.See:Fire Prevention Fireworks.See that title Supp.No.18 1510.1 EULESS CODE F FALSE WEIGHTS.See:Weights and Measures Section FENCES,WALLS,HEDGES AND ENCLOSURES Administration 4-135 Appeals 4-136 Barbed wire prohibited 4-133(c) Electrical fences prohibited 4-133(d) Emergency ingress and egress required 4-133(f) Exhibit A 4-138 General requirements/prohibitions for all fences and freestand- ing walls 4-133 Height,maximum 4-133(e) Intersections Visibility triangle required 4-133(b) Obstruction prohibited 4-133(a) Park property;removing,breaking,mutilating 12-8 Parks,playgrounds and recreation.See also that title Penalty for violation 4-137 Permit Application 4-135(b) Fee 4-135(c) Required 4-135(a) Property owner's responsibility , 4-133(g) , \ Public property 4-133(h) Scope 4-132 Setback requirements 4-134 Swimming pools Enclosures 8-42 Fence specifications 4-133(i) Variances 4-136 Violations Penalty 4-137 Visibility triangle required 4-133(b) FIDUCIARIES Person defined re 1-3 FILLING STATIONS Driving through.See:Traffic Transportation,handling of volatiles,etc.See:Fire Prevention Wholesale accumulations of refuse.See:Garbage and Trash FINANCES Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordi- nance of this code. Taxation.See that title Supp.No.18 1510.2