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Home My Public Portal AboutOrdinance No. 825-97 10-28-1997 • ORDINANCE NO. 8 2 ~ - 9.7 AN ORDINANCE AMENDING CHAPTER S "FIRE PROTECTION" OF THE CODE OF ORDINANCES OF THE CITY OF RICHLAND HILLS, TEXAS, AS AMENDED, TO ADD PROVISIONS GIVING ADDITIONAL GUIDANCE, CLARIFICATION AND CORRECTION CONCERNING CERTAIN FIRE CODE REQUIREMENTS; PROVIDING A PENALTY FOR VIOLATION; PROVIDING A SEVERABILTTY CLAUSE; PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Richland Hills, Texas, has heretofore adopted the 1991 edition of the Uniform Fire Code, along with certain appendices thereto and has made certain amendments to said provisions; and WHEREAS, over the passage of time it has become necessary for the preservation of life, safety and property within the City to adopt additional regulations in connection with said Uniform Fire Code; and WHEREAS, since the original enactment of the 1991 Uniform Fire Code, certain clarifications and corrections have become necessary; and WHEREAS, the following ordinance provisions adequately address the matters listed above. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: I. That Subsection B "ADOPTION OF UNIFORM FIRE CODE" of Section 1 "FIRE PREVENTION CODE" of Chapter 5 "FIRE PROTECTION" of the Code of Ordinances of the City of Richland Hills, Texas, as amended, be hereby amended to hereafter be and read as follows: There is hereby adopted by the City Council for the purpose 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 International Fire Code Institute and the International Conference of Building Officials being particularly the 1991 Edition thereof including Appendix I-A through C, Appendix II-A, II-B, II-D, II-E, II-F, Appendix III-A, III-B, III-C, Appendix IV-B, Appendix V-A, Appendix VI-A, VI-D, save and except such portions as are hereafter deleted, modified or amended by this chapter, copies of which Uniform Fire Code are on file in the office of the City Secretary and the same are hereby adopted and incorporated as fully as if set out at length herein and the provisions thereof shall be controlling within the limits of the City. • ORDINANCE NO. PAGE 1 • II. That Subsection C "DISTRICTS" of Section 1 "FIRE PREVENTION CODE" of Chapter 5 "FIRE PROTECTION" of the Code of Ordinances of the City of Richland Hills, Texas, as amended, be hereby amended by the addition thereto of a new paragraph (1.1), to be inserted between existing paragraphs (1) and (2), which new paragraph shall hereafter be and read as follows: (1.1) Outside above ground storage of Class I and Class II flammable or combustible liquids for private, non-retail dispensing of motor fuels is allowable in commercial and industrial zoned districts, subject to the provisions of this code and review and approval of the Fire Marshal. III. That subparagraph (e) of paragraph (15) of subsection D "AMENDMENTS TO UNIFORM FIRE CODE" of Section 1 "FIRE PREVENTION CODE" of Chapter 5 "FIRE PROTECTION" of the Code of Ordinances of the City of Richland Hills, Texas, as amended, be hereby amended to hereafter be and read as follows: (e) All fire protection systems shall be maintained in accordance with Section 10.504. The Fire Marshal shall be notified of any required fire alarm system, fire sprinkler or standpipe system or any other type of fire protection system that is to be out of service for a period greater than four (4) clock hours. When systems are to be out of service for a period • greater than four (4) clock hours, and when, in the opinion of the authority having jurisdiction a watch is essential for the safety of the building's occupants, standby personnel shall be required as provided by this code. IV. That Subsection D "AMENDMENTS TO FIRE CODE" of Section 1 "FIRE PREVENTION CODE" of Chapter 5 "FIRE PROTECTION" of the Code of Ordinances of the City of Richland Hills, Texas, as amended, be hereby amended by the addition thereto of a new paragraph (21), which new paragraph shall hereafter be and read as follows: (21) Appendix II-F of the Uniform Fire Code is hereby amended in the following particulars: (a) Paragraph 1, entitled "SCOPE" is hereby amended to hereafter be and read as follows: Private, non-retail dispensing of motor fuels into the fuel tanks of motor vehicles from aboveground storage tanks located outside of buildings, shall be in accordance with this appendix and, if applicable, policies of the authority having jurisdiction, subject to review and approval of the Fire Marshal. ORDINANCE NO. 8 2 5- 9 7 PAGE 2 • Paragraph 2.(d), entitled "INSTALLATION OF TANKS" is hereby amended to hereafter read as follows: (d) Tanks containing Class I motor fuels shall not exceed a 4000 gallon individual or 8000 gallon aggregate capacity. Tanks containing Class II motor fuels shall not exceed a 6000 gallon individual or 18,000 gallon aggregate capacity. Installations combining Class I and Class II storage are limited to 18,000 gallon aggregate tank capacity. Installations having the maximum allowable aggregate capacity shall be separated from other such installations by not less than 100 feet, and V. That subparagraph (b) of paragraph (18) of Section 10 "PERMIT FEE SCHEDULE" of Chapter 5 "FIRE PROTECTION" of the Code of Ordinances of the City of Richland Hills, Texas, as amended, be hereby amended to hereafter be and read as follows: (18> (b) Storage of Class I liquids over 5 gallons indoors, or over 10 gallons outdoors $30.00. VI. • Penalty Clause. Any person who shall violate any of the provisions of the Code hereby adopted or of this Chapter or who shall fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, 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 jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor punishable by a fine of not less than fifty dollars ($50.00) nor more than two-thousand dollars ($2,000). The imposition 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. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. VII. Severability Clause. That 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, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or 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 invalid or • unconstitutional phrase, clause, sentence, paragraph or section. ORDINANCE NO. 8 2~- 9 7 PAGE 3 VIII. Saving Clause. That Chapter 5 of the Code of Ordinances, City of Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. IX. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Richland Hills City Charter and the laws of the State of Texas. PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the Richland Hills City Council on the 28thday of October, 1997, by a vote of 5 ayes, ~ nays, and ~ abstentions. \\1\~~,,,,,,,,,,~~~~~~ APPROVED: ~p ~ ~ ! ~ ~ ' C. F. Kelley, Mayor ~ x =i ~ ~ y= ...ATTEST: =v errs Willis, City Secretary VED AS TO FORM AND LEGALITY: Ct.~.C Paul F. Wieneskie, City Attorney rhlib281/102297 • ORDINANCE NO. 8 2 5' 9 ~ PAGE 4