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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