HomeMy WebLinkAbout89-2808FIRE CODE - UST
ORDINANCE NO. 89-2808
AN ORDINANCE OF THE CLTY OF PLAINVIEW, TEXAS. REGULATING
AND CONTROLLING THE MAINTENANCE OF PREMLSES; TO SAFEGUARD
LIFE, HEALTH, PROPERTY AND PUBLIC WELFARE BY REGULATING
THE STORAGE, USE AND .HANDLING: COF DANGEROUS AND HAZARDOUS
MATERIALS, SUBSTANCES AND PROCESSES, AND BY REGULATING
THE MAINTENANCE AND REMOVAL OF UNDERGROUND STORAGE TANKS,
.PROVIDING FOR THE REPEAL OF CERTAIN SECTIONS OF THE
UNIFORM FIRE CODE, 19$8 EDITION, AS COPYRIGHTED IN 1988,
AS SUCH 15,PPLYS TO THE ABANDONMENT AND STATUS OF
UNDERGROUND STORAGE TANKS PROVIDING A SEVERABILITY CLAUSE;
DIRECTING THE PUBLICATION OF THE DESCRIPTIVE CAPTION OF
THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE OF
THIS ORDINANCE.
WHEREAS, the City Council of the City of Plainview finds the
present Fire Code of the City of Plainview is inadequate to
properly protect the public health, safety, and welfare of the
citizens of the City of Plainview and their. property; and
~ WHEREAS, the City Council recognizes. that state law now
~'.- provides adequately for the public-protection in regard to .the
abandonment and status of underground storage tanks through the
Texas Water Commission and the. rules and regulations promulgated
thereunder; and
WHEREAS, the City Council finds it to be in the best
interest of the citizens of Plainview to allow state law
precedence and control in the area of abandoned. underground
storage tanks.
NOW, THEREFORE,. BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PLAINVIEW, TEXAS:.
That Section 10-48, "Amendments", of Article 3, "Fire Code", of
Chapter l0 of the Plainview City Code of the City of Plainview,
Texas, is hereby amended by adding the following:
SECTION 1: Section 79.115 of the Uniform Fire Code is herby
deleted, but only to the extent as such refers to the
control and status of underground storage tanks.
SECTION 2: All provisions within the Uniform Fire Code that
pertain to the control and status of aboveground
storage tanks are expressly adopted.
SECTION3: Severability. Ifany provision of this ordinance or
of the Code hereby adopted or the application thereof
to any person or circumstances held invalid, the
remainder of the Code and the application of such
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provisions to other persons
not be affected hereby.
or .circumstances, shall
SECTION 4: Conf licts. If any of the provisions of this
ordinance or of the Code hereby adopted or the
application thereof to any person or circumstance is
in conflict with another provision or ordinance, the
provisions set .forth in this. ordinance shall prevail.
SECTION 5: Penalties. Any person, firm,. corporation violating
any of -.the provisions of this ordinance shall be
deemed guilty of a misdemeanor, and each such person
shall be deemed guilty of a separate offense far each
and every day or portion thereof during which-any
violation of the provisions of this Code is
committed, combined, or permitted, and upon
conviction of any such violation such person shall be
punishable by fine of not more than one thousand
dollars ($1,000.00}.
SECTION 6: Publication. The, City Secretary is hereby authorized
and directed to cause the publication of the
descriptive caption of this ordinance together with
the penalty provision as provided herein,. This
ordinance .shall become effective after its passage
and publication as required by law.
Passed and approved on
November 1989a
this the 14th day of
E.V. Ridlehuber, Mayor
ATTEST:
Carla Reese, City Secretary
APPROVED AS TO CONTENT:
J Fergus , Fire Chief
APPROVED AS TO FORM:
~~"~~~
David B al ckburn, City Attorney
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