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ORDINANCE AMENDMENT -
ORDINANCE NO. 04-3435
AN ORDINANCE AMENDING CHAPTER 11, FIRE PROTECTION AND
PREVENTION, OF THE CITY OF PLAINVIEW CODE OF ORDINANCES;
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 International Fire Code, 2003 Edition, with proposed
amendments as herein after 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. 11-9. Fire Chief ~nd Ass!st=hr F!re Ch!el.
The City of Plainview Fire Chief is hereby designated, pursuant to State law, to
be anon-civil service position. (Ord. No. 91-2855, 2-12-91)
Sec. 11 10. Repairing fire lanes for buildinqs, marking of controlled fire lanes and
prohibitinq parking thereon.
(a) No building of any type construction for any occupancy except buildings of
Type I, II, III and IV construction when equipped with an approved automatic sprinkler
system and building housing one-family and two-family dwelling units situated on a
single lot and Group M occupancies, as defined in the Building Code of the City of
Plainview, shall be constructed unless every part of the structure can be reached from a
public street, public way or highway with one hundred and fifty (150) feet of fire hose;
provided that said structure may be erected at a greater distance if the owner, manager
or person in charge constructs and maintains a fire lane as designated by the fire
marshal, having a minimum width of ~wmt~(:29-) twenty five (25) feet and a minimum
height clearance of fourteen (14) feet, to a point from which every portion of the
structure can be reached with one hundred and fifty (150) feet of fire hose; or, where
dimensions of any structure are such that any portion of the structure is more .than one
Ordinance No. 04-3435
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hundred and fifty (150) feet from an exterior wall, then standpipes shall be installed in
an approved manner within the building and approved fire lanes or streets shall be
provided adjacent to the building. Standpipe installations shall be in accordance with
the standards set forth in the building code of the City of Plainview.
(b) Any designated fire lane, more than one hundred (100) feet long, shall either
connect at both ends to a dedicated street or be provided with a turn-around having a
minimum radius of fifty (50) feet.
(c) All fire lanes shall be maintained and kept in a state of good repair at all
times by the owner, manager or person in charge of the premises, and the city shall
never be responsible for the maintenance thereof.
(d) 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
building. Such fire lane shall be designated only upon the agreement between the fire
marshal and the property owner, manager or developer. , that such location of ~ tiro
,.~,'-'-'~,.. ,..; .... ,,,.~.__.,~*'"~" ....... ........,...~..,...*'~'1'- In the event an agreement cannot be reached as to the
location of any fire lane, the matter shall be presented to the building code and fire code
board of appeals, which shall make such designation.
(e) The owner, manager or person in charge of any building to which fire lanes
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 one side 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." A solid red stripe shall be placed along ~ both side
sides of the fire lane easementi '-' "'~-*~ ...... ;* .... ~"~ '~"--"'-'~ necessa,~, by tho
""~ "*";~"~ w!th wh!te i,~H,~r; .... ~.,~ ,,k,,. Par~!ng c;.,. , .,.,~ ,, 'r~..'o ,..**,~.;,-,,-, s,.,~,, bo
,-,~.~,.~,.~ ...... /oc~, ..... *" ;;'"~ ;'~'~* If a fire lane is to be marked on a curb, the entire
curb is to be marked. In all respects to design, marking 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 International Fire Code regarding fire apparatus
access roads shall also apply.
(f) 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.
Ordinance No. 04-3435
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(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,
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 Cdme 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.
(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
re presentative, 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 (f)
above. Such obstruction may be removed by towing it to such place as designated: by
the police departmenti 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_~43 of this COde.
the redemption of the
be tel
any I:
(h)
charge of
fire lane
(Ord. No. 84_
impoundment, nor shall the violator
the municipal coUrt for a violation of
Abandonment: or closure :of fire, lanes. No owner, manager or person in
a required'fire lane shall abandon or close any such
al.
No. 85_2593, § 1, 4_9~85)
Secs. 11 11 to.11 20. Reserved.
Sec. 10-121. Standard; .Nat onal Electr cai Code incorporated by reference.
All installation hereafter installed within the corporate: limits of the City of
Plainview shal ~st class workmanlike manner in accordance with the !999
2002 Edition of the National Fire Protection
Association, and s Electrical Code is made a part of this chapter, with the
additions and deviations therefrom contained in this Code. (Ord. No. 75-1835, § 6.1,
7-8-75; Ord. No. 84-2550, § 6.1, 5-8-84; Ord. No. 87-2691 ; Ord. No.
90-2832, § 1, 6-12-90; Ord. No. 93-2954, 96-3068; Ord.
No. 01-3307, 11-13-01 )
Ordinance No. 04-3435
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295
SECTION II
CHAPTER 11, ARTICLE II, Fire Marshal, is amended as follows
Sec. 11 27. Annual report.
A report representing the bureau of fire prevention, the fire department, and the
emergency medical services, shall be made annually and transmitted to the mayor and
city council. Such report shall contain all proceedings under this chapter. (Ord. No.
71_1161, § 2, 4 5 71)
SECTION III
CHAPTER 11, ARTICLE III, FIRE CODE, is amended as follows
Sec. 11 51. Fire Code adopted.
The ~aa? 2003 edition of the ,"~ '";~'-'"'"' c;,.,~ r-..,~,.,, "International Fire Code" as
copyrighted in .~acr7 2003 by the International ""'-'"~: ....... ~ ~,,.'~,~.'~,,-, ,,~m,..'~,o ,-,~
Wh!tt!cr, Cc!ifcrnla 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
Uniform 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)
Sec. 11-52. Amendment.
The fire code adopted by the provisions of this article is hereby amended, altered
and changed in the following aspects:
the International Fire Code, copyright 2003 shall be and the same is hereby amended to
read as follows: k,,
NO permit shall be required when referred to in this code other than herein noted.
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.
Ordinance No. 04-3435 Page 4 of 6
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r-,-,,~,.........,,, ~oo-/,vv, __,.,v,,:'~"""'" 3404.2.9.5.1 of the International Fire Code, copyright 2003,
shall be and the same is hereby amended to read as follows: "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 )
Sec. 11 53. Penalties.
Any person, firm, or corporation violating any of the provisions of this Code shall
be deemed guilty of a misdemeanor, and each such person hall be deemed guilty of a
separate offense for each and every day or portion thereof during which any violation of
any of the provisions of this Code is committed, combined, or permitted, and upon the
conviction of any such violation such person shall be punishable by a fine of not more
than one thousand dollars ($1,000) . (Ord. No. 75_1833, § 8, 7 8 75; Ord. No.
77_2170, § 8, 12 13 77; Ord. No. 81 2454, § 8, 9 8 81; Ord. No. 82 2497, §8,
9 28 82; Ord. No. 86_2650, § 8, 4 8 86; Ord. No. 88_2765, § 7, 11 8 88)
Sec. 11 54. Parkinq of trucks transporting inflammables. .~.
It shall be unlawful for any person to keep, park and leave unattended any tank
truck or portable tank used for the purposes of transl~rting anhydrous ammonia,
gasoline or any other inflammable or combustible liquids, or any other gaseous
substance that is harmful to humans if inhaled, within one hundred fifty 150) feet of any
residence or house in the city, in which persons are living and using as a place of
abode. (Ord. No. 71_1186, § 1, 7 19 7; Ord. No. 99-3204, 1-26-991)
Sec. 11 55. Appeals Board. ,,~
See Sec. 6-41, et seq, of the Plainview Code of Ordir~nces., , ~.~
Sec. 11-56. Life Safety Code adopted.
The 2003 edition of National Fire Protection Association (NFPA) 101 Life Safety
Code as copyrighted in 2003 by the National Fire Protection Association, as hereinafter
amended, is specifically adopted as the Life Safety 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 Life Safety 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
Ordinance No. 04-3435
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SECTION IV
Should any section, subsection, or any portion hereof be deemed invalid for any reason,
such holding shall not render or invalidate any other section, subsection, sentence,
provision., clause, phrase or word severable therefrom and the same shall be deemed
severable for this purpose.
SECTION V
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 12th day of October, 2004.
PASSED AND APPROVED on second reading this 26th day of October, 2004·
APPROVED AS TO CONTENT:
· Hinojosa, City Secre~j;7
APPROVED AS TO FORM:
Wally H atch~/, Cit~y~A~rney~~l
Ordinance No. 04-3435
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