HomeMy WebLinkAbout1983-1402 - Ordinance - 01/13/1983ORDINANCE NO. 1402
N ORDINANCE AMENDING CHAPTER 6, SECTION 1 OP THE CODE OF ORDINANCES,
ITY OF COLiEGE STATION RE£ATING TO A CITY FIRE PREVENTION CODE;
ROVIDING FOR THE ENFORCEMENT OF THE CODE, AND THE FIXING OF
ENALTIESI AND PROVIDING FOR AN EFFECTIVE DATE.
E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION:
hat Chapter 6, Section I-A and Section I-B of the Code of Ordinance,
ity of College Station, Texas is hereby amended to read as follows:
Standard Fire Prevention Code Adopted
The Standard Fire Prevention Code, specifically the 1982
Edition published by the Southern Building Code Congress, a copy
of which is on file in the office of the city secretary of the
City of College Station, Texas, is hereby adopted and designated
as the fire prevention code of the City of College Station.
Said code is adopted to the same extent as though such code were
copied at length herein, subject however to the omissions,
additions, supplements, and amendments contained in this
section.
B
The Life Safety Code Handbook, specifically the 1978
Edition published by the National Fire Prevention Association, a
copy of which is on file in the office of the city secretary of
the City of College Station, Texas, is hereby adopted and
designated as the life safety code of the City of College
Station. Said code is adopted to the same extent as though such
code were copied at length herein.
Amendments to the Fire Prevention Code
The above referenced Standard Fire Prevention Code is hereby
amended as follows:
Section 17.06 shall be amended to read as follows: "The
presence of any fireworks within the jurisdiction of the city in
violation of this article is hereby declared to be a co.non and
public nuisance. The Fire Marshal is directed and required to
seize and cause to be safely destroyed any fireworks found in
violation of this article and any member of the Fire Prevention
Division of the Fire Department or any Police Officer of the
City or any other duly constituted Peace Officer is empowered to
stop the transportation of and detain any fireworks found being
transported illegally or to close any building where any
fireworks are found stored illegally until the Fire Marshal can
be notified in order that such fireworks may be seized and
destroyed in accordance with the terms of this section. Not
withstanding any penal provision of this article, ~ City
o3795
ONDINANCENO. 1402 PAGE 2
Attorney is authorized to file suit on behalf of the City or the
Fire Marshal, or both, for such injunctive relief as may be
necessary to prevent unlawful storage, transportation, keeping
or use of fireworks within the jurisdiction of the City and to
aid the Fire Marshal in the discharge of his duties and to
particularly prevent any person from interfering with the
seizure and destruction of such fireworks, but it shall not be
necessary to obtain any such injunctive relief as a prerequisite
to such seizure and destruction.
A new Chapter 43, "FIRE LANES" SHALL BE ADDED TO READ AS FOLLOWS:
43.101 When Required
(a) No building of any type construction for occupancy shall be
constructed in such a manner that any part of the structure is more
than one hundred fifty feet (150°) from a public street or highway;
provided, however, that such structure may be effected at a greater
distance if the owner designates, constructs, and maintains a fire
lane or access easement having a minimum width of twenty feet (20°)
and a minimum height clearance of fourteen feet (14°) terminating
within one hundred fifty feet (150°) of the furthest point of such
structure; providing further, however, that no fire lane shall be
required for any single family or duplex dwelling.
(b) The fire marshal is hereby authorized to establish fire lanes
during any fire, and to exclude all persons other than those
authorized to assist in extinguishing the fire or the owners or
occupants of the burning property from within such lanes.
43.102 Specifications
(a) Any fire lane more than one hundred feet (100°) in length
shall either connect at each end to a dedicated street or be
provided with a turnaround having a minimum radius of eighty feet
(80°) when measured from curb to curb. Ail fire lanes shall be
maintained and kept in a state of good repair at all times by the
owner, manager, or person in charge of the premises, and the City
of College Station shall never be responsible for the maintenance
thereof.
(b) The fire official or his authorized representative is hereby
authorized to designate adequate fire lanes and/or turnarounds to
any building when deemed necessary for fire department access in
the event of fire in such building.
(c) A new Section 20.704.14 shall be added to read as follows:
"At no time while discharging flammable liquids shall the driver or
operator be out of sight and reach of the discharge valves. If at
any time while dischargin, the operator must leave the truck, for
any reason, he shall shut down all valves until he returns and
shall be totally responsible for any and all spillage."
43.103 Pire Lane Markings
ONDINANCE NO. 1402 PAGE 3
{a) The owner, manager or person in charge of any building ~r
property to which firelanes have been approved by the Fire Official
or his authorized representative shall mark and maintain all curbs
designated as fire lanes in the following manner, and stating:
curb shall be painted yellow with black lettering stating No
Parking - Fire Lane - Tow Away Zone. Such lettering shall be a
minimum of four inches (4") in height.
(b) In some cases where curb markings are not possible or where
signs would in the Fire Officials opinion work more effectively, he
can require them in lew of curb markings.
(c) Fire Lane Signs; Tow-Away Zone Sings
The owner, manager, or person in charge of any building to which
firelanes have been approved by the fire official or his authorized
representative shall post and maintain appropriate signs in
conspicuous places along such fire lanes stating "No Parking - Fire
Lane". Such signs shall be twelve inches (12") wide and eighteen
inches (18") high, with a companion sign twelve inches (12") wide
and six inches (6") high stating "Tow-Away Zone".
Any "No Parking - Fire Lane" or "Tow-Away Zone" sign shall be
painted on a white background with symbols, letters and border in
red. Drawing and samples of such signs may be obtained from the
fire department of the City of College Station. Standards for
mounting, including but not limited to, the height above the grade
at which such signs are to be mounted, shall be as adopted by the
fire official of College Station.
43.104 Destruction of Fire Lane or Tow-Away Signs
It is hereby unlawful for any person, without lawful authority to
attempt or in fact alter, destroy, deface, injure, knock down, or
remove any sign designated a fire lane or tow-away zone erected
under the terms of this code, or to deface a curb markings in any
way.
A new Chapter 43, °FIRE LANES" shall be added to read as follows:
43.105 Abandoment or Closing
No owner, manager, or person in charge of any premises served by a
required fire lane shall abandon or close such fire lane without
written permission of the fire official of the City of College
Station.
43.106 Parking in Fire Lanes Prohibited
No person shall park, place, allow, permit, or cause to be parked,
placed, or remain unattended, any motor vehicle, trailer, boat, or
similar obstruction within or upon an area designated as a fire
lane and marked by an appropriate sign or curb marking.
O~DINANCE NO. 1402 PAGE 4
Any motor vehicle, trailer, boat, or similar obstruction found
parked or unoccupied within an area designated as a fire lane as
required by this section is hereby declared a nuisance per se and
any such motor veheicle, trailer, boat, or similar obstruction
parked or unoccupied in such a manner as to obstruct in whole or in
part any such fire lane shall be prima facie evidence that the
registered owner unlawfully parked, placed, or permitted to be
parked or placed such obstruction within a fire lane.
The records of the state highway department of the county highway
license department showing the name of the person to whom the Texas
Highway License or boat or trailer license is issued shall
constitute prima facie evidence of ownership by the named persons.
43.107 Modifications
The fire official of the fire department shall have power to modify
any of the provisions of the code hereby adopted 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 that the spirit of the code
shall be observed, public safety secured, and substantial justice
done. The particulars of such modifications when granted or
allowed and the decision of the fire official of the fire
department thereon shall be entered upon the records of the
department and a signed copy shall be furnished the applicant.
43.108 Enforcement;
Obstructions
Issuance of Citations; Impoundment of
The fire official or any member of the fire department designated
by the fire official, the chief of police, or any member of the
police department designated by the chief of police are hereby
authorized to issue parking citations for any motor vehicle,
trailer, boat, or similar obstruction found parked or unattended in
or upon a designated fire lane and may have such obstruction
removed by towing it away. Such vehicle or obstruction may be
redeemed by payment of the towage and storage charges at the owners
expense.
No parking citations shall be voided nor shall the violator be
relieved of any penalty assessed by a judge of the municipal court
for any provision by the redemption of the obstruction from the
storage facility.
43.109 Submission of Plot Plans; Duties of Contractors
Prior to the issuance of a building permit, two (2) plot plans with
designated fire lanes shall be submitted to the building inspection
department for review by the fire official of the City of College
Station. The fire official then will approve or disapprove the
designated fire lanes and indicate the needed signs and pavement
markings. One (1) of these plans shall be retained by the City of
ORDINANCE NO. 1402 PAGE 5
College Station and the other rsturned to the owner for his use.
The contractor or person in charge of any construction site for
commercial, industrial, mercantile, education, institutional,
assembly, hotel, motel, multifamily dwelling, or mobile home park
occupancies shall provide and maintain during construction an
approved all-weather fire lane, not less than twenty feet (20°) in
width, as shown on approved plot plans. Final paving of such fire
lane shall be completed prior to issuance of any certificate of
occupancy.
43.110 Penalties
Any person who shall violate any of the provisions of the code
hereby adopted or fail to comply herewith, or who shall violate or
fail to comply with any order made thereunder, or who shall build
in violation of any detailed statement of specifications of plans
submitted and approved thereunder, or any certificate of permit
issued thereunder, and from which no appeal has been taken, or who
shall fail to comply with such an order as affirmed or modified by
the City of College Station, shall severally for each and every
violation and noncompliance respectively, be guilty of a
misdemeanor, punishable by a fine of not less than ten dollars
($10.00) nor more than two hundred dollars ($200.00), or by
inprisonment for not less than two (2) days, nor more than ten (10)
days, or both such fine and imprisonment. The imposition of one
(1) penalty for any violation shall not excuse the violation or
permit it to continue; and all such persons shall be required to
correct or remedy such violations or defects within a reasonable
time; and when not otherwise specified, each ten (10) day that
prohibited conditions are maintained shall constitute a separate
offense.
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
A new Section 1.08 a. 7. shall be added to read as follows~
"When the fire official determines that any building or other
structure which is over crowded in violation of Section 30.113 of
this Code, constitues an immediate danger to health or welfare of
the occupants or the public in general, he shall temporarily order
such establishment closed, and may obtain the assistance of law
enforcement agencies to enforce his order. The temporary closure
of such a building or structure shall be limited to a period of
time sufficient to evacuate the building and count the total number
of occupants thereof, and to reduce the actual number of occupants
to constitute compliance with the Building Code and Section 30.113
of this Fire Code.."
II.
That this Code and the Amendments thereto shall be in full force
and effect ten (10) days after their adoption and publication as
OI~DINANCE NO. 1402 PAGE 6
provided by law~ and, at that time, all ordinances and parts of
ordinances in conflict with thses rules are hereby repealed.
And, should any section, paragraph, sentece, clause, or phrase of
these rules be declared and un onstitutional or invalid for any
reason· the remainder of said tulles shall not be affected thereby.
PASSED AND APPROVED this 1Rrb day of _J~usrv
· 1983.
Attest:
ian Jones,~ity Secretary