HomeMy WebLinkAbout2018-3995 - Ordinance - 03/22/2018ORDINANCE NO. 2018-3995
AN ORDINANCE AMENDING CHAPTER 16, “FIRE PREVENTION AND
PROTECTION,” ARTICLE III, “FIRE CODE,” SECTION 16-52 (3), OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING
CERTAIN SECTIONS RELATING TO FIRE AND LAW ENFORCEMENT OFFICIALS
TO TEMPORARILY SUSPEND A CERTIFICATE OF OCCUPANCY FOR
OVERCROWDING OR LIFE SAFETY; PROVIDING A SEVERABILITY CLAUSE;
DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 16, “Fire Prevention and Protection,” Article III, “Fire Code,” Section
16-52 (3) of the Code of Ordinances of the City of College Station, Texas, be
amended as set out in Exhibit “A” attached hereto and made a part of this
Ordinance for all purposes.
PART 2: If any provision of this Ordinance or its application to any person or circumstances
is held invalid or unconstitutional, the invalidity or unconstitutionality does not
affect other provisions or application of this Ordinance or the Code of Ordinances
of the City of College Station, Texas, that can be given effect without the invalid
or unconstitutional provision or application, and to this end the provisions of this
Ordinance are severable.
PART 3: That any person, corporation, organization, government, governmental subdivision
or agency, business trust, estate, trust, partnership, association and any other legal
entity violating any of the provisions of this Ordinance shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be punishable by a fine of not less
than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00)
or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or
public health and sanitation ordinances, other than the dumping of refuse. Each day
such violation shall continue or be permitted to continue, shall be deemed a separate
offense.
PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its
date of passage by the City Council, as provided by City of College Station Charter
Section 35.
ORDINANCE NO. 2018-3995 Page 2 of 3
PASSED, ADOPTED and APPROVED this 22nd day of March, 2018.
ATTEST: APPROVED:
_____________________________ _____________________________
City Secretary Mayor
APPROVED:
_______________________________
City Attorney
ORDINANCE NO. 2018-3995 Page 3 of 3
EXHIBIT A
That Chapter 16, “Fire Prevention and Protection,” Article III, “Fire Code,” Section 16-52 (3) of
the Code of Ordinances of the City of College Station, Texas, is hereby amended by adding and is
to read as follows:
Sec. 16-52. - Amendments to the International Fire Code.
(3) (a) Section 107.6.1 is added. 107.6.1 Certificate of Occupancy Temporary
Suspension. The Fire Code Official or any member of the Fire Department designated by
the Fire Code Official, the Chief of Police, or any member of the Police Department
designated by the Chief of Police is authorized, in writing, to immediately suspend a
Certificate of Occupancy for a twenty-four (24) hour period where it is determined that the
building or structure or portion thereof is Overcrowded, violating any life safety regulation
or ordinance or violating any other ordinance adopted by this code. Within one (1) business
day after the suspension, a person may submit a written appeal to the City Manager
appealing the Certificate of Occupancy Temporary Suspension. The City Manager’s
decision is final.