ORD 1995-06 - Amend Fire Prevention Code 02-14-1995ORDINANCE 95 -06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, AMENDING ITS CODE OF ORDINANCES TO
BROADEN THE USE OF ABOVE GROUND STORAGE TANKS FOR
FUEL STORAGE; AMENDING THE FIRE CODE BY AMENDING
SECTION 402.11 AND BY ADDING A NEW SECTION 907.3.4.3; MAKING
OTHER PROVISIONS AND FINDINGS RELATED THERETO;
PROVIDING FOR A PENALTY OF UP TO $2,000 FOR EACH
VIOLATION OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
that:
SECTION 1: The Code of Ordinances of the City of Huntsville, Texas, is amended by the
repeal of Section 8 -2. Fire Prevention Code -- Amendments, as presently
constituted, and by the adoption of a new section 8 -2. Fire Prevention Code- -
Amendments, that shall read as follows:
Section 8 -2. Fire Prevention Code -- Amendments.
The following provisions of the Standard Fire Prevention Code are adopted, amended or modified
for purposes of administration of the Code in the City of Huntsville:
a) Section 105.1 is deleted.
b) Sections 103.1 through 103.3 as contained in Appendix A, Administration, are adopted.
c) Section 402.11 is amended by the adoption of a new subsection (2) that shall read:
(2) use of an above ground tank as permitted in 907.3.4.3.
d) Chapter 9 is amended by the adoption of a new section 907.3.4.3 that shall read:
Section 907.3.4.3. Above ground fuel tanks permitted.
The provisions of 907.3 shall not prohibit the dispensing of Class I and Class II liquids
in the open from a fuel dispensing system supplied by an aboveground tank, not to exceed
6, 000 gal. (22,71 OL), located at commercial, industrial, governmental, or manufacturing
establishments, and intended for fueling vehicles used in connection with their business.
Such dispensing may be permitted provided:
(a) an inspection of the premises and operation has been made and approval granted
by the City Building Official;
(b) the tank is safe guarded against collision, spillage, and overfill;
(c) the tank system is listed and approved for such above ground use;
(d) the tank complies with the requirements for emergency relief venting, and the tank
and dispensing system meet the electrical classification requirements of the code;
(e) the tank storage shall comply with NFPA 30, Flammable and Combustible Liquids
Code, Chapter 2;
(fi storage of Class I or II liquids up to 500 gallons shall not be located within 75
feet of any structure or property line;
(g) storage of Class I or II liquids of 501 to 6000 gallons shall not be within 150 feet
of any structure or property line;
(h) a permit must be obtained annually or as designated by the Fire Marshall per
Chapter 4 Standard Fire Code.
e) Appendix B, Upholstered Furniture, is adopted.
SECTION 2: Any person, firm or corporation violating any provision of this ordinance or
failing to comply with any requirement of the ordinance will be guilty of a
misdemeanor and subject to a fine of up to two thousand ($2,000.00) dollars upon
conviction. Each day during or upon which a person shall violate or continue
violation of any provision of this ordinance shall constitute a distinct and separate
offense. The violation of any provision of the ordinance or the failure to comply
with any requirement of this ordinance shall each constitute a distinct and separate
offense. Texas Local Government Code § 53.001 and § 54.001.
SECTION 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is
for any reason held invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect any
of the remaining provisions of this ordinance.
SECTION 4: All ordinances and parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed; provided, however, that such repeal shall be only
to the extent of such inconsistency and in all other respects this ordinance shall be
cumulative of other ordinances regulating and governing the subject matter
covered by this ordinance.
SECTION 5: This ordinance shall take effect ten (10) days after its passage by the City Council.
The City Secretary shall publish the caption of this ordinance in the official City
newspaper at least twice within ten (10) days of its passage. Texas Local
Government Code & 52.013.
PASSED AND APPROVED THIS 14TH DAY OF FEBRUARY, 1995.
THE CITY OF HUNTSVILLE
William B. Green, Mayor
ATTEST:
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Danna Welter, City Secretary
APPROVED:
On
Scott Bounds, City Attorney