ORD 1992-07 - Amends Ch. 8, Code of Ordinance 1991 Vers. of Standard Fire Prevention Code 4-7-1991ORDINANCE NO. 92- 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, AMENDING CHAPTER 8, FIRE PREVENTION
AND PROTECTION, OF THE CODE OF ORDINANCES OF THE CITY OF
HUNTSVILLE; ADOPTING THE 1991 VERSION OF THE STANDARD
FIRE PREVENTION CODE; PROVIDING FOR THE APPOINTMENT AND
DUTIES OF A FIRE MARSHAL; CREATING THE POSITION OF
BUILDING/FIRE OFFICIAL; AUTHORIZING THE BUILDING/FIRE
OFFICIAL TO ENFORCE THE FIRE CODE; DESIGNATING THE
BUILDING/FIRE OFFICIAL AS ITS CODE ENFORCEMENT O1'F1CIAL
TO RECEIVE SEARCH WARRANTS TO ENTER PREMISES TO
DETERMINE THE PRESENCE OF FIRE OR HEALTH HAZARD OR
UNSAFE CONDITIONS; PROVIDING FOR A PENALTY OF UP TO
$1,000.00 FOR EVERY 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: Section 8 -1, Fire Prevention Code - Adopted, of the Code of Ordinances of
the City of Huntsville, Texas, is amended to read as follows:
Section 8 -1. Fire Prevention Code - Adopted.
The book entitled, "Standard Fire Prevention code, 1991 Edition" (a copy of which,
authenticated by the signatures of the Mayor and City Secretary, and made a public
record by this section, is on file in the City Secretary's office) is hereby adopted as
the fire prevention code of the City as fully as if copied at length in this chapter, and
the provisions thereof shall be controlling in the storage, use or handling of
hazardous materials, substances or devices, and in the repair, equipment, use,
occupancy, and maintenance of every existing building or structure within the City.
SECTION 2: Section 8 -15, City Fire Marshal, Appointment, of the Code of Ordinances of
the City of Huntsville, Texas, is amended to read:
Section 8 -15. City Fire Marshal, Appointment.
The fire marshal for the City of Huntsville shall be appointed by the City Manager.
SECTION 3: Section 8 -25 to 8 -27 of the Code of Ordinances of the City of Huntsville,
Texas, are hereby amended, renumbered, and made a part of a new Article
III, Building/Fire Official, that shall read as follows:
ARTICLE III. BUILDING/FIRE OFFICIAL
Section 8-30. Inspection of Mercantile, Manufacturing and Public Buildings.
It shall be the duty of the Building/Fire Official to enter upon and make, or to cause
to be entered upon and made, annually or more often a thorough examination of all
business mercantile, manufacturing and public buildings, together with the premises
belonging thereto. He shall be responsible for the enforcement of the fire code of
the City of Huntsville in each instance where such code calls for action by the Fire
Official, Fire Chief in the adopting ordinance for such fire code.
Section 8-31. Ordering Removal or Repair of Dangerous Buildings, Accumulations,
etc.
Whenever the Building/Fire Official finds any building or other structure which, for
want of repair or by reason of age or dilapidated condition or for any cause, is
specially liable to fire, and which is so situated as to endanger other buildings or
property or so situated that fire would endanger persons or property therein, and
whenever he shall find an improper or dangerous arrangement of stoves, ranges,
furnaces or other heating apparatus of any kind, including chimneys, flues and pipes
with which the same may be connected, or a dangerous arrangement of lighting
devices or systems or a dangerous or unlawful storage of explosives, compounds,
petroleum, gasoline, kerosene, chemicals, vegetable products, ashes or combustible,
inflammable and refuse materials, or other conditions which may be dangerous in
character or liable to cause or promote fire or create conditions dangerous to firemen
or occupants, he shall order the same to be removed or remedied, and such order
shall be forthwith complied with by the owners or occupant of such building or
premises. If the owner or occupant deems himself aggrieved by such order, he may,
within five (5) days, appeal to the Mayor, who shall investigate the cause of the
complaint and, unless by his authority the order is revoked, such order shall remain
in force and be forthwith complied with by the owner or occupant.
Section 8-32. Right of Entry.
The Building/Fire Official shall have the authority, at all times of day or night, when
necessary in the performance of the duties imposed upon him by the provisions of
this article, to enter upon and examine any building or premises where any fire has
occurred and other building or premises adjoining or near the same, which authority
shall be exercised only with reason and good discretion.
Section 8-33. Warrants.
For the purpose of search warrants issued under Article 18.05 or the Texas Code of
Criminal Procedure, the Building/Fire Official shall be the code enforcement officer
for the City.
SECTION 4: Any person, firm, or corporation violating any provisions of this Ordinance or
failing to comply with any requirement of this Ordinance will be guilty of a
misdemeanor and subject to a fine of up to one thousand dollars ($1,000)
upon conviction. Each day during or upon which a person violates or
continues to violate any provision of this Ordinance or not comply with any
requirement of this Ordinance shall constitute a distinct and separate offense.
The violation of any provision of this Ordinance, or the failure to comply with
any requirement of this Ordinance, shall each constitute a distinct and
separate offense.
SECTION 5: If any section, subsection, sentence, clause, phrase or portion of the
Ordinance for any reason shall be 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 6: 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 7: The City Secretary is hereby directed to cause the caption of this Ordinance
to be published at least twice within ten (10) days of final passage. This
Ordinance is to take effect ten (10) days after the date of final passage.
PASSED AND APPROVED this7 th day of April
ATTEST:
Melba
yers, City Secr
APPROVED AS TO FORM:
Scot' Boun• s, City Attorney
, 1992.
THE CITY OF HUNTSVILLE