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Home My WebLink About16-3642 ord436 ORDINANCE AMENDMENT — ORDINANCE NO. 16-3642 AN ORDINANCE AMENDING CHAPTER 5, FIRE PROTECTION AND PREVENTION, OF THE CITY OF PLAINVIEW CODE OF ORDINANCES; TO ADOPT THE INTERNATIONAL FIRE CODE (2015 EDITION); REPEALER; CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; SEVERABILITY CLAUSE, AND EFFECTIVE DATE. WHEREAS, Chapter 5, 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 2015 Edition; and WHEREAS, the International Fire Code, 2009 2015 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 5, Article 5.01, General Provisions, is amended as follows: Sec. 5.01.004 Fire lanes (a) Designation. The fire marshal or his designated representative is hereby authorized to designate adequate fire lanes and/or turnarounds 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 building trades and fire code board of appeals, which shall make such designation. (b) Signs and markings. 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 Ordinance No. 16-3642 Fire Code Page 1 of 5 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 this section shall consist of red letters painted on a white background located along 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." Fire lane markings shall be placed on both sides of the fire lane in accordance with this section, 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 except as noted in this section. Appendix D, of the 2009 2015 International Fire Code, copyright 2009 2015, regarding fire apparatus access roads shall also apply. SECTION II CHAPTER 5, ARTICLE 5.04 FIRE CODE, is amended as follows Sec. 5.04.001. Fire Code adopted. The 2090 2015 edition of the International Fire Code as copyrighted in 2009 2015 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) Sec. 5.04.002. Amendment . The fire code adopted by the provisions of this article is hereby amended, altered and changed in the following aspects: 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 2099 2015 edition of the International Fire Code. Chapter 1, section 105.6.11,105.6.15 Explosives Chapter 1, section 105.6.30 105.6.32 Open bumin9 Chapter 1, section 105.7.1, Automatic fire extinguishing systems Chapter 1, section 105.7.5 105.7.6, Fire alarm systems and related equipment Chapter 1, section 105.7.6 105.7.7, Fire pumps Chapter 1, section 105.7.9, Gates and barricades across fire apparatus access Ordinance No. 16-3642 Fire Code Page 2 of 5 437 438 roads. Chapter 1, section 105.7.14 Smoke control or smoke exhaust systems Chapter 1, section 105.7.13 105.7.17, 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 Chiefs 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 with the approval of the Fire Marshal or his designee. Chapter 9, Section 903.2.8; Amend to read as follows: "An automatic sprinkler system installed in accordance with section 903 903.2 shall be provided throughout all buildings with a R2, R3 and RI Group R 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 34, Section 3404.2.9.6.1,. Amend to read as follows: "The limits in which storage of Class 1 and Class 11 liquids in outside above around 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. 5.04.005. Appeals Board See Chapter 6, Article 111 of the City of Plainview Code of Ordinances for procedures outlined for an appeal based on the requirements in this Chapter. 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 natters 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. Ordinance No. 16-3642 Fire Code Page 3 of 5 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. 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 11th day of October, 2016. PASSED AND APPROVED on second reading this 25th day of October, 2016. ATTEST: Belinda Hinojosa, City Sec APPR Rust wers, Fire Chief Ordinance No. 16-3642 Wendell Dunl p , Mayor Fire Code Page 4 of 5 439 440 APPROVED AS TO FORM: Leslie Spear Schmidt, C Attbmey Ordinance No. 16-3642 Fire Code Page 5 of 5