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HomeMy WebLinkAboutO-1969-816 . . \ , Ii.' , ~ .~j ORDINANCE NO. 816 AN ORDINANCE ADOPTING THE 1965 ABBREVIATED EDITION, FIRE PREVENTION CODE, RECOMMENDED BY THE AMERICAN INSURANCE ASSOCIATION; PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL :BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); AND EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; CONTAINING A REPEALING AND A SAVING CLAUSE~ AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSiON OF THE CITY OF LA PORTE, TEXAS, THAT: Section 1. Adoption of Fire Prevention Code. There is hereby adopted by the City Commission of the ~jIt City of La Porte, Texas, for the purpose of prescribing regula- tions governing conditions hazardous to life and property from fire or explosion, that certain code known as the Fire Prevention Code, Abbreviat,ed Edition, recommended by the American Insurance Associa- tion, being particularly the 1965 edition thereof and the whole thereof, a copy of which Code has been filed in the office of the City Clerk of the City of La Porte, and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of La Porte. '.' , , , .~ Section 2. Enforcement. The code hereby adopted shall be enforced by the Chief of the Fire Department, and the Fire Marshal, ,and their duly authorized assistants. Section 3. Definition. t-'1herever the word "Municipa1i ty" is used in the code hereby adopted, it shall be held to mean the City of La Porte. Section 4. Establishment of Limits of Districts in which Storage of Explosives and Blasting Agents, Storage of Flammable LiqMids in Outside Above- ground Tanks, and Bulk Storage of Liquefied Petroleum Gases is to be Restricted. The limits referred to in section 53b of the code hereby .' adopted, in which storage of explosives and blasting agents is e e Ordinance No. 816 , Page 2. /~ prohibited, the limits referred to in section 74a of the code hereby adopted in which storage of Class I liquids in outside aboveground tanks is p~ohibited, and the limits referred to in section 114 of the code hereby adopted, in which bulk storage of liquefied petroleum gas is restricted are hereby established as follows: The limits of the'City of La Porte Fire Zone as estab- lished by City of La Porte Ordinance No. 622, passed and approved on December 16, 1960, reference to which ordinance, and the fire zones established thereby, being here made for all purposes. Section 5. Modifications. . The Chief of the Fire Department shall have power to modify any of the provisions of the code hereby adopted 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 particulars of such modification when granted or allowed and the decision of the Chief of the Fire Department thereon shall be entered 'upon the records of the department and a signed copy shall be furnished the applicant. Section 6. Appeals. e Whenever the Chief of the Fire Department shall disapprove an application or, refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of , " the Chief of the Fire Department to the City Commission of the City of La Porte within thirty (30) days from the date of the decision appealed~ Section 7. Penalties. Any person, firm, corporation, or association, who shall violate any of the provisions of the code hereby adopted or fail to ~ comply therewith,. or who shall violate or fail to compiy with any .-~ .:= ~ ... .' e . Ordinance No. 816 , P~ge 3. order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved 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 Commission of the City of La Porte 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 misde- meanor, and upon conviction shall be fined in any sum not more than Two Hundred Dollars ($200.00). The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons, firms, corporations, or associations, shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that 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. Section 8. Repeal of Conflicting Ordinances. All former ordinances or parts thereof conflicting or inconsistent with' the provisions of this ordinance or of the code hereby adopted are hereby repealed. Section 9. Validity. The City Commission of the City of La Porte hereby declares that should any section, paragraph, sentence, or word of this ordinance or of the code hereby adopted be declared for any reason to be invalid, it is the intent of the City' Commission that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. Section 10. Effective date. This ordinance shall take effect and be in force from and after its passage, approval and publication as required by law. . ." . ~. . . Ordinance No. 816 , Page 4. A.D. 1969. PASSED AND APPROVED this the ATTEST: 3rd day of March , ~A~~ Ci Y Clerk --.. '1tJ. Ci