HomeMy WebLinkAboutOrd No. 11-3540ORDINANCE AMENDMENT
ORDINANCE NO. 11 -3540
AN ORDINANCE AMENDING CHAPTER 11, FIRE PROTECTION AND
PREVENTION, OF THE CITY OF PLAINVIEW CODE OF ORDINANCES;
TO ADOPT THE INTERNATIONAL FIRE CODE (2009 EDITION);
REPEALER; CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE;
SEVERABILITY CLAUSE, AND EFFECTIVE DATE.
WHEREAS, Chapter 11, sets forth the minimum standards for fire protection and
prevention; and
WHEREAS, from time to time it is advisable to review the ordinances involving
fire protection and prevention in all buildings within the City of Plainview; and
WHEREAS, the Building Trades and Fire Code Board of Appeals has reviewed
staff recommendations on adoption of the International Fire Code, 2009 Edition; and
WHEREAS, the International Fire Code, 2009 Edition, with proposed
amendments as hereinafter made has been duly presented to the City Council; and
WHEREAS, the City Council of the City of Plainview finds that it would not be
detrimental or injurious to the public health, safety or general welfare of the citizens of
the City of Plainview:
NOW, THEREFORE, The City of Plainview hereby ordains that:
SECTION I
Chapter 11, Article 1, In General, is amended as follows:
Sec. 11 -10. Repairing fire lanes for buildings, marking of controlled fire lanes and
prohibiting parking thereon.
or person in charge constructs and maintains a fire lane as designated by the fire
clearance of fourteen (14) feet, to a point from which every portion of the structure can
be r ached with one hundred and fifty (150) feet of firc hose; or, where dimensions of
any structure arc such that any portion of the structure is more than one hundred and
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manner within the building and approved fire lanes or street: shall be provided adjacent
to the building. Standpipc installations shall be in accordancc with the standards set
forth in the building code of thc City of Plainview.
(b) Any designated firc lane, more than one hundred (100) fcct long, shall either
minimum radius of fifty (50) fcct.
times by the owner, manager or person in charge of thc premises, and thc city shall
never be responsible for the maintenance thereof.
(a) 4.dl} The fire marshal or his designated representative is hereby authorized to
designate adequate fire lanes and /or turn arounds to any building when deemed
necessary for fire department access in the event of fire or other emergencies in such
buildings. Such fire lane shall be designated only upon the agreement between the fire
marshal and the property owner, manager or developer. In the event an agreement
cannot be reached as to the location of any fire lane, the matter shall be presented to
the Bbuilding Trades and Ffire Csode Bboard of Aappeals, which shall make such
designation.
(b) The owner, manager or person in charge of any building to which fire lanes
and /or turnarounds have been designated by the fire marshal or his designated
representative shall post and maintain appropriate signs in conspicuous places along
such fire lanes or turnarounds stating "No Parking Fire Lane" and one designating
"Tow Away Zone." The fire marshal or his duly authorized representative or the chief of
police or his authorized representative is hereby authorized to cause such streets, fire
lanes and turnarounds to be maintenance free and unobstructed at all times for fire
department uses. "Appropriate signs" required in these sections shall consist of red
letters painted on a white background located along ene the sides of the fire lane
easement as the fire marshal or his designated representative may determine.
Those letters shall be not less than three (3) inches in height as to "No Parking not
less than two (2) inches in height as to "Fire Lane," and not less than one (1) inch in
height as to "Tow Away Zone."
the firc lanc casement. Fire lane markings shall be placed on both sides of the fire lane
in accordance with this Article, as deemed necessary by the Fire Marshal, Fire Chief, or
his designee. In all respects to design, marking, maintenance or application,
designated fire lanes shall be as described in the locally adopted fire code accept as
noted in this ordinance. Appendix D, of the 2003 2009 International Fire Code,
copyright 2009, regarding fire apparatus access roads shall also apply.
(c) Parking in fire lanes prohibited.
(1) No person shall park or place or allow, permit or suffer to be parked or
placed or to remain unattended any motor vehicle, trailer, boat, machinery or similar
obstruction within or upon an area designated or dedicated as a fire lane and marked by
an appropriate sign placed in a conspicuous place.
(2) If a motor vehicle, trailer, boat, machinery or similar obstruction is
found parked, placed, or unoccupied within an area designated or dedicated as a fire
lane as required by this section, the same is hereby declared a nuisance per se, and the
fact that such motor vehicle, trailer, boat, machinery or similar obstruction is parked,
Ord. No. 11 -3540
Chapter 11. Fire Code Page 2 of 6
placed, or is unattended or unoccupied in such manner as to obstruct in whole or in part
any such fire lane shall be prima facie evidence that the registered owner unlawfully
parked, placed or permitted to be parked or placed such obstruction within a fire lane.
(3) The records of the State Department of Highways and Motor Vehicle
Division, Texas Crime Information Center and /or National Crime Information Center
showing the name of the person to whom the Texas highway license or out -of -state
highway license or both are prima facie evidence of ownership by the named person.
(d) (g) Issuance of citations and impoundment of obstructions.
(1) If any motor vehicle, trailer, boat, machinery or similar obstruction is
found parked, placed or unattended in or upon a properly marked fire lane which has
either been designated or dedicated as a fire lane, the fire marshal or his designated
representative, or the police chief of his designated representative, is hereby authorized
to issue a citation for such violation, charging the owner as defined in subsection (c)
above. Such obstruction may be removed by towing it to such place as designated by
the police department. Such vehicle or obstruction may be redeemed by payment of
the towing and impounding fee and storage charges in the same manner and at the
same rate as any vehicle impounded for illegal parking as set forth in Chapter 24, Article
XIV, Section 24 -343 of this Code.
(2) No citation as provided for in subsection (1) above shall be voided by
the redemption of the obstruction from the place of impoundment, nor shall the violator
be relieved of any penalty assessed by a judge of the municipal court for a violation of
any provision of this section.
(e) (h) Abandonment or closure of fire lanes. No owner, manager or person in
charge of any premise served by a required fire lane shall abandon or close any such
fire lane without written permission of the fire marshal.
(Ord. No. 84 -2555, 1, 7- 24 -84; Ord. No. 85 -2593, 1, 4 -9 -85; Ord. No. 04 3435, 10-
26 2004)
SECTION II
CHAPTER 11, ARTICLE III. FIRE CODE, is amended as follows
Sec. 11 -51. Fire Code adopted.
The 2003 2009 edition of the International Fire Code as copyrighted in 2003
2009 by the International Code Council, as hereinafter amended, is specifically adopted
as the Fire Code of the City of Plainview, Texas, and a copy is attached hereto and
incorporated herein by reference as though set out completely in detail. A copy of said
International Fire Code shall be filed with the city secretary, and a copy maintained in
the office of the fire marshal. All such copies are to be open to public inspection during
business hours of the office where they are maintained. (Ord. No. 75 -1833, 2, 7 -8 -75;
Ord. No. 77 -2170, 2, 12- 13 -77; Ord. No. 81 -2454, 2, 9 -8 -81; Ord. No. 82 -2497, 2,
9- 28 -82; Ord. No. 86 -2650, 2, 4 -8 -86; Ord. No. 88 -2765, 2, 11 -8 -88; Ord. No. 99-
3204, 1 26 99; Ord. No. 04 -3435, 10 -26 -2004)
Ord. No. 11 -3540
Chapter 11. Fire Code Page 3 of 6
469
470
Sec. 11 -52. Amendment
The fire code adopted by the provisions of this article is hereby amended, altered
and changed in the following aspects:
99-
to read as follows:
No permit shall bc required when referred to in this code other than herein noted.
by thc Fire Marshal or thc Firc Chicf's discretion.
3404.2.9.5.1, of thc International Firc Code, copyright 2003 shall bc and the same is
Chapter 34, Section 3404.2.9.6.1,.
Amend to read as follows:
Ord. No. 11 -3540
Chapter 1, Section 105, "Permits"
Amend to read as follows:
No permit shall be required when referred to in this code other than herein noted.
Construction, building or special use permits shall be required as noted in the
following sections of the 2009 edition of the International Fire Code.
Chapter 1, section 105.6.14, Explosives
Chapter 1, section 105.6.30 Open burning
Chapter 1, section 105.7.1, Automatic fire extinguishing systems
Chapter 1, section 105.7.5, Fire alarm systems and related equipment
Chapter 1, section 105.7.6, Fire pumps
Chapter 1, section 105.7.13, Stand pipe systems
Permits for public and school activity bonfire fires and fire work displays, shall be
issued by the Fire Marshal or the Fire Chief's discretion. Construction or Building
permits for fire suppression and fire alarm systems listed in this ordinance shall
be issued by the City of Plainview's Chief Building Official.
Chapter 9, Section 903.2.8;
Amend to read as follows: "An automatic sprinkler system installed in accordance
with section 903 shall be provided throughout all buildings with a Group R1, R2,
R3 and R4 fire area. One and two family dwellings shall be exempt from this
requirement.
Nothing in this Ordinance or the adopted Fire Code shall prohibit the installation
of a fire suppression system if the owner of a one or two family dwelling desires
to have one installed, so long as the system is installed according to applicable
NFPA standards.
Chapter 11. Fire Code Page 4 of 6
The limits in which storage of Class I and Class II liquids in outside above
ground tanks is prohibited in any residential district, as set out by the Zoning
Ordinance of the City of Plainview, as amended.
(Ord. No. 89 -2808, 6, 11 -8 -88; Ord. No.89 -2808, 3, 11- 14 -89; Ord. No. 99 -3204, 1-
26-99; Ord. No. 01 -3278, 2- 27 -01; Ord. No. 04 3435, 10 26 2004)
Sec. 11 -55. Appeals Board
Sce Sec. 6 41, et scq, of the Plainvie
See Chapter 6, Article III of the City of Plainview Code of Ordinances for
procedures outlined for an appeal based on the requirements in this Chapter.
Code as copyrighted in 2003 by thc National Fire Protection Association, as hereinafter
amended, is specifically adopted as the Lifc Safety Codc of the City of Plainview,
set out completely in dctail. A copy of said Lifc Safety Codc shall be filed with the city
be open to public inspection during businccc hours of thc office where they arc
maintained (Ord. No. 043'135, 10 26 2004)
SECTION III
All ordinances or parts of ordinances inconsistent with any provisions of
this Ordinance are hereby repealed to the extent of such conflict, and the provisions of
this Ordinance shall be and remain controlling as to the matters regulated, herein.
SECTION IV
Provisions of this Ordinance are cumulative and nothing herein shall prevent,
alter, or diminish the applicability or enforcement of other ordinances restricting,
regulating, or governing the subject matter herein.
SECTION V
Severability is intended throughout and within this Article. If any provision,
including any section, paragraph, sentence, clause, phrase or word or the application
thereof to any person or circumstance is held invalid, unconstitutional, or unenforceable
by a court of law or administrative agency with jurisdiction over the matter, such action
shall not be construed to affect any other valid portion of this Ordinance. A constitutional
construction hereof is intended and shall be given. There is no intent herein to violate
either of the Texas Constitution or the Constitution of the United States.
such holding shall not render or invalidate any other section, subsection, sentence,
Ord. No. 11 -3540
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provision., clause, phrase or word severable therefrom and the same shall be deemed
severable for this purpose.
SECTION VI
All ordinances or portions of any ordinance of the City of Plainview, Texas in
conflict herewith, are hereby amended to conform with the provisions hereof.
SECTION VII
This ordinance shall be of full force and effect upon its passage and publication as
required by law.
PASSED AND APPROVED on first reading this 1 1 th day of January, 2011.
PASSED AND APPROVED on second reading this 20 day of January, 2011
ATT ST:
Belinda Hinojosa, City Secr
APP' r D AS CONTENT:
Rust
wers, Fire Chief
APPROVED AS TO FORM:
Leslie Spear Pearce, ity Attorney
Ord. No. 11 -3540
h ri C. Anderson, ayor
Chapter 11. Fire Code Page 6 of 6
