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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: �J Danna Welter, City Secretary APPROVED: On Scott Bounds, City Attorney