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ORD 1998-20 - Amending Title 11 & 12 Electricity & Fire Prevention 09-22-1998ORDINANCE NO. 98 -20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING TITLE 11, ELECTRICITY AND TITLE 121 FIRE PREVENTION AND PROTECTION, OF THE CODE OF ORDINANCES BY ADOPTING UPDATED EDITIONS OF THE STANDARD FIRE CODEAND THE NATIONAL ELECTRICAL CODE; REQUIRING THE PUBLICATION OF THIS ORDINANCE; PROVIDING A PENALTY; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: Title 11, Electricity of the Code of Ordinances of the City of Huntsville, Texas, Part 11.01.06(A) (Installation standards) is hereby amended: A. In every case where no specific type or class of material, or no specific standard of construction is prescribed by the statutes of the State of Texas, installation shall be made in conformity to the standards provided by the National Electrical Code, 1996 Edition (a copy of which is authenticated by the signatures of the Mayor and the City Secretary, and is on file in the City Secretary's office) . SECTION 2: Title 12, Fire Prevention and Protection of the Code of Ordinances of the City of Huntsville, Texas, Part 12.01.01 (Fire Prevention Code — Adopted) is hereby amended: The book entitled, "Standard Fire Prevention Code, 1997 Edition" (a copy of which, authenticated by the signatures of the Mayor and the City Secretary, and 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 3: Title 12, Fire Prevention and Protection of the Code of Ordinances of the City of Huntsville, Texas, Part 12.01.02(C) (Same — Amendments) is hereby amended: C. Section 501.5 is hereby amended to read. 501.5 Open flame cooking devices shall be prohibited on balconies of multiple - family dwellings and single - family rental dwellings of two or more stories in height and shall be prohibited within 10 feet of the building of multiple - family dwellings or single- family rental dwellings regardless of number of stories in height. SECTION 4: 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 five hundred ($500.00) 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 5: 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 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: 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 22ND DAY OF SEPTEMBER, 1998. AT EST: Danna Welter, City Secretary APP4VED AS�O F RM: I / i Scott Boufid, City Attorney THE CITY H./U. SVILLE _J / Sy William B. Green, Mayor