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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