Loading...
HomeMy Public PortalAboutOrdinance No. 541-85 08-12-1985 ORDINANCE NO. 541 • AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS, AMENDING THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS, TEXAS, REPEALING PRESENT CHAPTER 5, FIRE PROTECTION, AND ADOPTING A NEW CHAPTER 5, FIRE PRO'~ECTION, PRESCRIBING A PENALTY, PROVIDING FOR PUBLI- CATION, CONTAINING A SEVERABILITY CLAUSE, PROVIDING AN EFFECTIVE DATE AND ORDAINING OTHER MATTERS RELATING TO THE SUBJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, ~ TEXAS: SECTION I. That the present Chapter 5, Fire Protection, of the Code of Ordi- nances, City of Richland Hills, Texas, is hereby repealed and the following Chapter 5, Fire Protection, is hereby adopted: CHAPTER 5 FIRE PROTECTION SECTION l: FIRE DEPARTMENT A. FIRE DEPARTMENT CREATED A Fire Department is hereby created for the City of Richland • Hills, Texas, to be known as the "Richland Hills Fire Depart- ment." B. FIRE CHIEF A Fire Chief shall be in charge of the department, subject to the rules and regulations of the State of Texas, County of ~ Tarrant, and the City of Richland Hills. The Fire Chief shall , be appointed by the City Administrator, subject to approval of the City Council. C. COMPOSITION OF FIRE DEPARTMENT; COMPENSATION The members of the Fire Department shall consist of any full or part time employee that may from time to time be employed as firemen at salaries to be approved by the City Council. D. DUTY OF FIRE DEPARTMENT The Fire Department shall cooperate with and work with the Tarrant County Volunteer Fire Fighters Association and the Tarrant County Fire Marshal and the Fire Marshal for the City of Richland Hills, Texas, and any other fire fighting group or association sponsored by or under the direction and control of the Tarrant County Commissioners Court. i SECTION 2: FIRE MARSHAL A. OFFICE OF FIRE MARSHAL CREATED The office of Fire Marshal is hereby created. Such office shall be filled by appointment by the Fire Chief. Said Fire Marshal shall be appointed based upon being qualified for the duties of his office. He shall receive a salary as may from time to time be set by the City Council. B. FIRE MARSHAL SHALL INVESTIGATE FIRES (1) The Fire Marshal shall investigate the cause, origin and circumstances of every fire occurring within the City by which property has been destroyed or damaged, and shall especially make investigation as to whether such fire was the result of carelessness or design. Such investigation shall begin within twenty-four (24) hours, not including Sunday, of the occurrence of such fire. The Fire Marshal shall keep in his office a re- cord of all fires, together with all facts, statistics and circumstances, including the origin of the fires and the amount of the loss, which may be determined by ~ the investigation required by this section. ~ I (2) The Fire Marshal, when in his opinion further investi- gation is necessary, shall take or cause to be taken the testimony, on oath, of all persons supposed to be • cognizant of any facts or to have means of knowledge in relation to the matter under investigation, and shall cause the same to be reduced to writing; and if he shall be of the opinion that there is evidence sufficient to charge any person with the crime of arson, or with the attempt to commit the crime of arson, or of conspiracy, or to defraud, or criminal conduct in connection with such fire, he shall cause such person to be lawfully arrested and charged with such offense or either of them, and shall furnish to the proper prosecuting attorney all such evidence, together with the names of witnesses and all of the information obtained by him, including a copy of all pertinent and material testimony taken in the case.l. C. POWER TO SUMMON WITNESSES AND REQUIRE PRODUCTION OF EVIDENCE I (1) The Fire Marshal shall have the power to summon witnesses before him to testify in relation to any matter which is by the provisions of this section a subject of inquiry and; investigation, and may require the production of any book,' paper or document deemed pertinent thereto. The said Fire" Marshal is hereby authorized and empowered to administer oaths and affirmations to any persons appearing as witnesses before him. • (2) Any witness who refuses to be sworn, or who refuses to appear or testify, or who disobeys any lawful order of said Fire Marshal, or who fails or refuses to produce • any book, paper or document touching any matter under examination, or who is guilty of any contemptuous con- duct during any of the proceedings of the Fire Marshal in the matter of said investigation or inquiry, after being summoned to give testimony in relation to any matter under investigation as aforesaid, shall be deemed guilty of a misdemeanor; and it shall be the duty of the Fire Marshal to cause all such offenders to be prosecuted. Any person being convicted of any such misdemeanor shall be fined, provided, however, that any person so convicted shall have the right of appeal. D. INVESTIGATIONS MAY BE PRIVATE All investigations held by or under the direction of the Fire Marshal may, in his discretion, be private, and persons other than those required to be present may be excluded from the place where such investigation is held, and witnesses may be kept separate and apart from each other and not allowed to communicate with each other until they have been examined. E. AUTHORITY OF RIGHT OF ENTRY The Fire Marshal shall have the authority at all times of day or night, when necessary, in the performance of the duties im- • posed upon him by the provisions of this section, to enter upon said premises and/or buildings and examine any building or prem ises where any fire has occurred, and other buildings and prem- ises adjoining or near the same, which authority shall be exec-I cised only with reason and good discretion. F. PREVENTIVE INSPECTIONS; APPEALS OF GRIEVANCES The Fire Marshal, upon complaint of any person having an intere t in any building or property adjacent and without any complaint, shall have a right at all reasonable hours, for the purpose of examination, to enter into and upon all buildings and premises within the City, and it shall be his duty, monthly or more ofte , to enter upon and make or cause to be entered and made, a thor-!. ough examination of all mercantile, manufacturing and public buildings, together with the premises belonging thereto. When- ever he shall find any building or other structure which, for want of repair, or by reason of age or dilapidated condition, or for any cause, is especially liable to fire, and which is so situated as to endanger other buildings or property, or so occut pied 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 appliances of any kind whatsoever, 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 explo* • sives, compounds, petroleum, gasoline, kerosene, dangerous chemi- cals, vegetable products, ashes, combustible, inflammable and r~- fuse materials, or other conditions which may be dangerous in character of liable to cuase or promote fire or create condi- tions dangerous to the firemen or occupants, he shall order • the same to be removed or remedied, and such order shall be forthwith complied with by the owner or occupant of said build- ing or premises. Provided, however, that if said owner or occupant deems himself aggrieved by such order, he may, within five (5) days, appeal to the City Administrator, who shall in- vestigate the cause of the complaint and unless by his author- ity the order is revoked, such order shall remain in force and be forthwith complied with by said owner or occupant. At the end of each month the Fire Marshal shall report to the State Fire Marshal all existing hazardous conditions, together with separate reports on each fire in the City during the month. G. PENALTIES FOR HAZARDS (1) Any owner or occupant of the building or other structure or premises, who shall keep or maintain the same when, for want of repair, or by reason of age or dilapidated condition, or for any cause, it is especially liable to fire, and which is so situated as to endanger buildings or property of others, or is especially liable to fire and which is so occupied that fire would endanger other persons or their property therein, shall be punished by a fine. (2) Any owner or occupant of any building or other structure, or premises, who shall keep or maintain the same with an • improper arrangement of a stove, range, furnace, or other heating appliance of any kind whatever, including chimneys flues and pipes with which the same may be connected, so as to be dangerous in the matter of fire, or health, or safety or persons or property of others; or who shall keep' or maintain any building, other structure or premises with an improper arrangement of a lighting device or system, or with a storage of explosives, petroleum, gasoline, kerosen , chemicals, vegetable products, ashes, combustibles, inflam mable materials, refuse, or with any other condition which shall be dangerous in character to the persons, health or property of others; or which shall be dangerous in the mat er of promoting, augmenting or causing fires, or which shall create conditions dangerous to firemen, or occupants of such building, structure or premises other than the maintenance,: thereof, shall be punished by a fine. (3) No prosecution shall be brought under this subsection unti~ the order provided for in subsection F be given, and the party notified shall fail or refuse to comply with the same. (4) All misdemeanors herein provided for shall be prosecuted, and all fines and forfeitures herein provided for shall be recovered and enforced, in the same manner as provided by law for the enforcement of fines, forfeitures, penalties j • and punishments for offenses generally against the City. SECTION 3: FIRE PREVENTION CODE • A. DEFINITIONS (1) Jurisdiction: Wherever the word "jurisdiction"is used in -the Uniform Fire Code, it shall be held to mean the munici- pality. ' (2) Cor oration Counsel: Wherever the term: Corporation Counsel" is used in the Uniform Fire Code, it shall be held to mean the Attorney for the City of Richland Hills, Texas. (3) Chief Of The Bureau Of Fire Prevention: Wherever the term "Chief Of The Bureau Of Fire Prevention" appears it shall mean the Fire Marshal. B. ADOPTION OF UNIFORM FIRE CODE There is hereby adopted by the City of Richland Hills for the p r- pose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain Code known as the Uniform Fire Code recommended by the Western Fire Chiefs Association and the International Conference of Building Officials being particularly the 1985 edition thereof and the whole thereof, save and except such portions as are hereinafter{ deleted, modified or amended of which Code not less than three (3) copies have been and are filed in the office of the Clerk • of the City of Richland Hills and the same are hereby adopted and incorporated as fully as if set out at length herein, and 4 from the date on which this section shall take effect the pro- vision thereof shall be controlling within the limits of the City of Richland Hills. C. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF FLAMMA LE OR COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVEGROUD TANK5 IS TO BE PRO HIBITED (1) The limits referred to in Section 79.501 of the Uniform Fire Code in which the storage of flammable or combusti- ble liquids is restricted are hereby established as follow: No storage of class I and class II liquids in aboveground tanks outside of building is allowed in the City of Richla~d Hills. D. ESTABLISHMENT OF LIMITS IN WHICH BULK STORAGE OF LIQUIFIED PETROLEUM GASES IS TO BE RESTRICTED The limits referred to in Section 82.105a of the Uniform Fire Code, in which storage of liquified petroleum gas is restricted'. are hereby established as follows: No storage of liquified petroleum gas is allowed in the • City of Richland Hills. E. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS TO BE PROHIBITED • The limits referred to in Section 77.106b of the Uniform Fire Code in which storage of explosives and blasting agents are prohibited, are hereby established as follows: No storage of explosives and blasting agents are allowed in the City of Richland Hills. F. AMENDMENTS TO UNIFORM FIRE CODE (1) The Fire Marshal shall have power to modify any of the provisions of the Fire Prevention Code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The par- ticulars of such modifications when granted or allowed and the decision of the Fire Marshal thereon shall be entered upon the records of the Department and a signed copy shall be furnished the applicant. (2) Section 10.207, sub-paragraph (h) is amended to read as follows: (h) Any such fire lane or access roadway more than • fifty feet (50') in length shall either connect at both ends to a dedicated street or be pro- vided with a roadway turning radius of not less ~ than fifty feet (50'). G. VENTILATION OF APPLIANCES (1) All barbeque pits, broilers, grills, commercial or res- taurant type ranges, candy kettles, ovens and appliances used to deep fry foods or baking confectionary shall be equipped with non-combustible removable filters and shall be provided with an approved automatic fire extinguishing system of the following types: (a) Approved automatic dry chemical type. i i (b) Approved automatic carbon dioxide system. (c) Approved automatic foam extinguishing system. (2) All existing occupancies employing commercial cooking equip- ment as listed in subsection J(1) shall comply with this section within one (1) year from the date of the adoption pf this section with the same regulations as set forth in subt section J(1) as for new installations. • (3) Installer shall provide the Fire Marshal of the City of Richland Hills or his representative with a copy of the • form or design of automatic fire extinguishing system before installation for his approval. (4) The installation of such fire extinguishing or fire pro- tection system shall be inspected annually by the manu- facturer or his authorized representative and safisfactory' evidence of such inspection shall be furnished to the Fire Marshal of the City of Richland Hills, Texas. Cross Reference--See Chapter 4, Section 5: Selling or A4aintaing Fire Extinguishers (5) A supplementary portable extinguisher shall be required for each separate hood and vent (duct) system installed and shall have a rating of 12B or greater. (6) Where gas is the source of fuel, the gas supply must be shut off automatically as an integral part. of the Auto- matic Fire Protection System. H. FIRE LANES (1) Fire Lane Parking: Fire lane marking within the City of Richland Hills, Texas shall be as follows: • (a) The owner, occupant and/or person in charge of any premises where a fire lane is required pursuant to any ordinance, ordinances, rules, and regulations of the City of Richland Hills, Texas, shall be res- ponsible for fire lane marking and the maintenance thereof. (b) The marking of fire lanes on private property devoted to public use, shall be approved by the Chief of the Department or Chief of the Bureau of Fire Prevention. (c) Fire lanes on large parking areas shall be designated by continuous lines at least four inches (4") in widt on each side of the fire lane starting at the entranc~ from the street and to be continued to the exit. Suc~ lines shall be bright red in color. The words "No Parking" and "Fire Lane" shall be painted at the entrance to fire lanes with lettering to be in white and at least eighteen inches (18") in height. (d) Fire lanes adjacent to curbs, buildings and fences shall have the entire curb painted bright red or a minumum of five inches (5") width adjacent to curb painted bright red with lettering as in (c) above. • (e) Where required by the Fire Prevention Bureau, "Fire Lane" and "No Parking" signs shall be erected on buildings, posts or fences. i (2) Obstructing Fire Lanes: No person shall place or allow to remain in any marked fire lane any trash, vehicles, • merchandise or other obstruction. The owner, occupant and/or the person in charge of any premises shall be responsible for any fire lane that is blocked on such premises by any means other than motor vehicles. The owner or operator of a motor vehicle blocking any fire lane shall be gulity of a traffic violation and the ve- hicle shall be subject to removal or impoundment at the violator's expense. I. PENALTIES FOR VIOLATIONS i (1) Any person who shall violate any of the provisions of the code hereby adopted of fail to comply therewith, or who shall violate or fail to comply with any order made there- under, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the City of Richland Hills or by a court of competent jurisdic tion, within the time fixed herein, shall severally for each and every such violation and noncompliance, respec- tively, be guilty of a misdemeanor punishable by a fine of not less than $50.00 nor more than $1,000.00. The imposi- tion of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise • specified, each day that any prohibited conditions are maintained shall constitute a separate offense. (2) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. SECTION 4: ARSON REWARD A. ARSON REWARD OFFERED The City of Richland Hills, Texas, hereby offers a reward of one hundred dollars ($100.00) for the arrest and conviction of any person or persons found guilty of committing the crime of arson within the corporate limits of said City of Richland Hills, Texas. This reward is a standing offer, and shall be paid out of the general fund of the City of Richland Hills, Texas. B. NOTICE OF REWARD OFFER The City Secretary shall purchase or cause to be purchased sufficient placards eight inches (8") by twelve inches (12") in size showing the reward is offered and at least six (6) of them will be placed in wooden frames under glass and publicly displayed in a least six (6) different public buildings within • the City Limits and he/she shall also furnish the Texas Fire Insurance Department at Austin, Texas, a certified copy of this section, copy of one of the placards, and a list of the public buildings where the placards have been placed. I SECTION 5: FIREWORKS ~ A. POSSESSION OR DISCHARGE OF FIREWORKS PROHIBITED From and after the effective date of this section it shall be unlawful for any person, persons, firms, companies, corpora- tions, or associations to possess, cast, throw, or fire any squib, rocket, cracker, torpedo, grenade, or other combustible fireworks of any kind in the City Limits of Richland Hills, Texas. B. SALE OF FIREWORKS PROHIBITED From and after the effective date of this section it shall be unlawful for any person, persons, firms, companies, corpora- tions, or associations to exhibit or have in his possession, with intent to give away, sell, offer for sale within the City of Richland Hills, Texas, any squib, rocket, cracker, torpedo, grenade, cap, or other combustible fireworks of any kind. C. EXCEPTIONS TO PROVISIONS; DISPLAY OF FIREWORKS f Nothing in this section shall be construed to apply to the sale, storage, or use of railroad track torpedoes or other signaling devices used by railroads or to the sale, storage or use of flashlight composition by photographers or dealers • in photographic supplies or to prevent any public or private demonstration or display of fireworks of any kind if conducted under proper police supervision after application made and per- mit issued by the City Administrator of the City of Richland Hills for such demonstration. Said permit shall not be granted unless such demonstration or display shall be of such character and so located, discharged or fired as in the opinion of the Fire Marshal after proper inspection, shall not be hazardous to the property or endanger any person or persons. SECTION 6: OPEN BURNING A. OUTDOOR BURNING PROHIBITED WITHOUT PERMIT No person or persons shall burn or authorize the burning in the; City of Richland Hills, on any street, alley, lot or open area whatever, of any rubbish, trash, waste, objects of natural growth, or any combustible material of any description except in accordance with a permit issued by the Fire Marshal of the City of Richland Hills or his designee, after investigation; provided that nothing herein shall be construed as requiring the Fire Marshal to issue such permit if he is of the opinion that the proposed burning would be unsafe; and provided further that this section shall not apply to the burning of materials in containers designed and constructed for such purpose and in • good operating condition. B. LIABILITY OF FIRE MARSHAL i The Fire Marshal, in performing his functions under subsection • above, is hereby declared to be performing a governmental funct~.on and not personally liable for any damage that may accrue to per± sons or property as a result of any act required or permitted im the discharge of such functions. EDITOR'S NOTE: The granting of a permit to burn outdoors by the Fire Marshal is subject to the compliance with sub- chapter 131.03..01--Outdoor Burning of the Texas Air Control Board of Regulations, June 2, 1978. SECTION 7: STORAGE OF FLAMMABLE AND COMBUSTIBLE LIQUIDS A. STORAGE OF GASOLINE OR KEROSENE IN GLASS CONTAINERS (1) It shall be unlawful for any person, persons, firms, or corporations to store, keep or transport either gasoline or kerosene in glass containers in the City Limits of Richland Hills, Texas. (2) It shall be unlawful for any person, persons, firms or cor' porations selling or dispensing gasoline or kerosene withi the City Limits of Richland Hills, Texas, to dispense any gasoline or kerosene into glass containers. SECTION 8: TRANSPORTATION OF FLAMMABLE AND COMBUSTIBLE LIQUIDS • AND EXPLOSIVES It shall be unlawful for any person to park or operate any trucl~ or other vehicle that is designed and used for transporting gasoline, flammable substance, explosives, or other items or pr - ducts that are highly flammable or explosive on the streets in he residential areas of the City of Richland Hills, Texas, except when making actual deliveries of such products to permanent sto - age containers. This section is not intended to prohibit the use of automobiles and pick-up trucks while making actual deliveries of gasoline to automobiles, lawn mowers and other machinery in the City, provided that such delivery shall be in containers of metal or unbreakable plastic or in the vehicles that are not designed to hold more than twenty (20) gallons of gasoline. I ~I SECTION 9: MOBILE FUEL DISPENSING UNITS A. MOBILE SERVICE UNIT DEFINED Mobile Service Unit as used in this section shall mean and in- clude any vehicle, tank, tank truck, or other movable device from which flammable liquids used as fuel may as an act of re- tail sale be dispensed into the fuel tank of a motor vehicle. It is the intent of this section to prohibit mobile gasoline • filling stations which either park or roam around on off street parking lots and from which the driver or attendant makes sales: of gasoline to persons whose vehicles are parked on such lots. ; i This section shall not apply to the delivery of liquified petroleum gas to lawful recipients having proper containers • other than motor vehicles, or to the emergency delivery of motor fuel to a stalled vehicle. B. MOBILE SERVICE UNITS PROHIBITED It shall be unlawful for any person, firm or corporation to sell or dispense fuel from a mobile service unit in the City of Richland Hills, Texas, or to operate the same as a service station, including self-service. SECTION 10: SPRINKLER SYSTEMS REQUIRED ' A. Any apartment, condominium, hotel, motel, or town house, over two stories in height or more than thirty-five feet elevation from finished floor level, shall be equipped with a fire pro- tection sprinkler system that meets N.F.P.A. Standard 13. (1) The system shall be installed on all floors of the build- ing. (2) The sprinkler heads installed in occupied areas of the structure shall be fused at 165 degrees fahrenheit unless otherwise approved by the Bureau of Fire Prevention. (3) Any multi-family structure over thirty-five feet in height; shall be equipped with a sprinkler system that meets the • requirements of N.F.P.A. Standard 13. (4) Upon installation completion, the installer of the sprinkl r system shall furnish the Bureau. of Fire Prevention with a copy of the "as built" plans for the system and a letter stating the name of the company installing the system, date of completion, a statement that the system has been instal ed to meet the requirements of the ordinance and the notarize signature of the installer. SECTION 11: FIRE WALL REQUIRED Any occupancy used for business, mercantile, residential, health, penal, educational, industrial and storage shall be separated from the other occupancies by construction having a fire resistive rat- ing of not less than one hour. 1. Fire resistive construction shall extend from the floor toy the bottom of the roof deck or the sub-floor of the next floor level. 2. Occupancies which require fire resistive separation greater than one hour shall be indicated by the appropriate N.F.P.. Standards. I • 3. Those occupancies which are required to have automatic sprinkler systems in accordance with N.F.P.A. Standard 13 shall be exempt from fire separation requirements. SECTION 12: WOOD ROOF SHINGLES RESTRICTED 1. It shall be a violation of this ordinance to use any wood shingles as part of the construction material on structures classified as multifamily (inc];uding duplexes) or commercial building. 2. All single family dwellings using wood shingles or shakes shall be factory pressure treated with a fire retardant chemical to meet class C fire resistant requirements of the National Fire Protection Associa- tion No. 256. 3. Existing wood shingles or shake roofs may be repaired with wood shingles or shakes providing the area re- placed does not exceed twer;ty-five percent (250) of the entire area of the roof, otherwise the entire roof shall be replaced with material specified in the code. SECTION II It is hereby declared to be the intention of the City Council ~ that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sen- tence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect • any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION III ~ This Ordinance will take effect immediately from and after its passage and the publication of the caption as the law in such cases provides. PASSED AND APPROVED THIS 12th DAY OF ,~}ugust , 1985, BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS. AP OV D: MAYOR AT~'EST ? • 2~ CITY SECRETARY