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HomeMy WebLinkAboutO-2005-2821 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: A rilll th 2005 Bud2et Requested By: Source of Funds: N/A Department: Fir~ MUllbaI'1l Offi~~ Account Number: N/A Report: Resolution: Ordinance: x Amount Budgeted: N/A Exhibits: Ordinance Amount Requested: N/A Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Staff recommends adoption of the proposed amendments to the ordinance establishing the Fire Code Review Board. The amended ordinance will create an additional article to chapter 38 of the City of La Porte's Code of Ordinances by adding Article V. Fire Code Review Board; Sections 38-200 to 38-212. This action will mandate repealing Section 105 - Section 105.3.3 of the Standard Fire Prevention Code - 1994 edition, enacted by Ordinance 98-2221. This ordinance is necessary to formally define the duties and procedure governing the Fire Code Review Board and its powers. The previous ordinances, cited above, that established the fire code review board was partially in the 1994 Standard Fire Prevention Code and partially in ordinance 98-2221 that amended the 1994 Standard Fire Prevention Code. The current ordinances do not clearly delineate the powers of the Fire Code Review Board. The new proposed ordinance will define the powers of the Fire Code Review Board to interpretations and recommendations. This amended ordinance was developed based upon two concerns. These issues were encountered during local churches appealing to the Fire Code Review Board on sprinkler issues. Appeals to the Board centered on attempts to override established Fire Codes rather than matters of interpretation. The second reason this ordinance was developed was to establish recourse for an entity if it lost its appeal to the Fire Code Review Board. The previous versions of the ordinance had no guidelines. By adopting the proposed ordinance the Fire Code Review Board and its powers will be formally established and will define the powers of the Fire Code Review Board to interpretations and recommendations. Action Required bv Council: Consider approval of proposed Ordinance establishing the Fire Code review Board that will establish Article V the Fire Code Review Board in Chapter 38 of the City of La Porte's Code of Ordinances. f - 1/ -0 S Date ORDINANCE NO. 05- n:0/ AN ORDINANCE REPEALING SECTION 105 - SECTION 105.3.3 OF THE STANDARD FIRE PREVENTION CODE - 1994 EDITION ENACTED BY ORDINANCE 98-2221 AND AMENDING CHAPTER 38 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, "FIRE PREVENTION AND PROTECTION," BY ADDING "ARTICLE V. FIRE CODE REVIEW BOARD"; SECTIONS 38-200 TO 38-212; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; AND PROVIDING AN EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: SECTION 1. That Chapter 38, "Fire Prevention and Protection," is hereby amended by adding "Article V. Fire Code Review Board", et seq; Article V. Fire Code Review Board. Sec. 38 - 200. Organization. In order to hear and decide appeals of orders, decisions or determinations made by the Fire Marshal relative to the application and interpretation ofthe Fire Codes adopted in this chapter, there shall be and is hereby created by the City Council of the City of La Porte, a Fire Code Review Board. Whenever this Code refers to the term "Board of Adjustment and Appeals", it shall mean the Fire Code Review Board as established herein. Sec. 38 - 201. Compilation of Board. The Fire Code Review Board shall consist of nine (9) voting members and three (3) ex-officio members. The voting members shall be resident electors of the City of La Porte or non-resident individuals owning or operating a business within the City of La Porte, duly verified by proof of an applicable tax statement or utility account for such business, who the City Council deems competent to serve on such Board by virtue of their experience and training in matters pertaining to Fire Safety Codes. Members of the Fire Code Review Board may not be employed by the City of La Porte. All cases to be heard by the Fire Code Review Board will always be heard by a minimum of five (5) members. Sec. 38 - 202. Membership and Terms. Voting members of the Fire Code Review Board are appointed by the City Council, for a term of three (3) years, and serve at the pleasure of the City Council. Whenever any position on the board shall become vacant by reason of death, resignation or removal, the secretary shall notify the City Manager and request a replacement. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant for any cause, in the same manner as the original appointment was made. Additionally, the chairman may request a replacement for any member who has missed three consecutive meetings without being excused. The members shall be appointed as follows: 1. The Councilpersons representing Districts, I, 2, 3, 4, 5, and 6 shall each nominate one member. 2. The Councilpersons representing Districts, At Large - Position A and At Large Position B, shall each nominate one member. 3. The mayor shall nominate one member. The three ex-officio members shall be: 4. The Fire Chief, or his duly authorized representative. 5. The Fire Marshal, or his duly authorized representative. 6. The Chief Building official or his duly authorized representative. All nominations are subject to confirmation by a majority of the City Council of the City of La Porte. A Chairperson and a Vice-Chairperson shall be selected by the members of the Fire Code Review Board. Their duties will be to chair the meetings and to maintain participation of the members. The Fire Marshal or his designee shall be the Secretary to the Board. It shall be his duty to post notices of meetings, keep meeting minutes, handle correspondence and any other duties as may be assigned by the Board. Sec. 38 - 203. Rules and Meetings. The Fire Code Review Board shall adopt rules of procedure in accordance with the provisions of this chapter, and this code. Meetings of the Board shall be held at the call of the Chairman and at such other times as at least five (5) members of the Fire Code Review Board may determine. All meetings of the Fire Code Review Board shall be open to the public. The Fire Code Review Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or in failing to vote, indicating such fact, and shall keep records of all of its official acts, all of which shall be immediately filed in the office of the City Secretary and shall become a public record. Sec. 38 - 204. Powers and Duties of the Board. The Fire Code Review Board shall have the following powers: 1. To hear and decide appeals from the determination of the Fire Marshal where it is alleged that on a claim that the true intent of the Fire and Life Safety codes adopted in this chapter have been incorrectly interpreted, that the provisions of a code adopted under this chapter do not fully apply, or that an equally good or better form of fire and life safety is proposed. The Fire Code Review Board shall have no authority to waive requirements of this code. 2. The Fire Code Review Board is to conduct a regular comprehensive review of the codes adopted in this chapter, and has the power to recommend to the City of La Porte's City Council changes, additions, or deletions from said codes for any reason including the following defects in the text of the codes and deficiencies created by improper or lax administration of the codes. Sec. 38 - 205. Appeals to the Board. Appeals to the Fire Code Review Board may be taken by any person aggrieved or by any officer, department or board, of the city affected by any decision of the Fire Marshal. Such appeal shall be taken within 30 days of receiving written notification by the Fire Marshal, by filing with the Fire Marshal from whom the appeal is taken specifying the grounds thereof. The Fire Marshal from whom the appeal is taken shall forthwith transmit to the Fire Code Review Board all papers constituting the record upon which the action appealed was taken. 1. When appeals stay all proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Fire Marshal from whom the appeal is taken certifies to the Fire Code Review Board after notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause immediate peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Fire Code Review Board or by a court of record, or on notice of the Fire Marshal from whom the appeal is taken and on due cause shown. 2. Time for and notice of hearing of appeal. The Fire Code Review Board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or attorney. 3. Action on appeal. The Fire Code Review Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the Fire Marshal from whom the appeal is taken. The board must find the following in order to grant an appeal: a. That there is reasonable difference of interpretation as to the specific intent of adopted fire codes, the adopted life safety code and the adopted code amendments, provided the interpretation of the Fire Marshal is a reasonable presumption and the codes are unreasonable. b. That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated. c. The decision of the board must be in the best interest of the community and consistent with the spirit of the city's adopted codes and regulations. Sec. 38 - 206. Additional Conditions. The Fire Code Review Board is empowered to impose upon any appeal any condition reasonably necessary to protect the public interest and community welfare. Sec. 38 - 207. Notice of Public Meetings. The notice of public meetings provided for in this section shall be given by a written posting at city hall. The posting shall state the date and time of the meeting as well as include a copy of the meeting Agenda. The posting shall be made no closer than 72 hours prior to the meeting date or as otherwise provided by State or Federal law, whichever notice requirements are stricter. Sec. 38 - 208. Vote necessary for a Decision. The concurring vote of a majority of four members of the Fire Code Review Board shall be necessary to reverse any order, requirement, decision, or determination of the Fire Marshal or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variance in this chapter. Sec. 38 - 209. Appeals from the Fire Code Review Board. Any person or persons, jointly or severally, aggrieved by any decision of the Fire Code Review Board, or any taxpayer, or any officer, department, board, or bureau of the city may present to a court of record a petition for a writ of certiorari, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the Fire Code Review Board. Sec. 38 - 210. Revocation or Modification. The Board shall only consider a revocation or modification based on a written report from the Fire Marshal stating Findings of Fact. An Appeal may be revoked or modified for any of the following reasons: 1. The Appeal was obtained or extended by fraud or deception. 2. That one or more of the conditions imposed by the board in granting such Appeal has not been complied with or has been violated. 3. As required in section 38 - 208, a majority of present members shall have concurring votes as necessary for revocation or modification of a city code. Sec. 38 - 211. Reapplication. No reapplication for an appeal which has been denied shall be filed earlier than one year from the date of original denial. As an exception to the one year rule, an applicant who received a denial may reapply if the structure in question has undergone, in the opinion of the Fire Marshal, significant redesign. Such changes must be of a nature as to warrant reconsideration by the Board based upon criteria that have significant impact on the intended construction and safety of the structure. Sec. 38 - 212. Validity. Upon a decision by the Board, written notice shall be mailed to the person, firm or the address of such person, firm or corporation that proposed the appeal. The same person, firm or the address of such person, firm or corporation shall appear in the records of the City Secretary relating to the granting within 5 working days. SECTION 2. All ordinances and parts of ordinances inconsistent, or in conflict, with this ordinance are hereby repealed, to the extent of such conflict only; provided, however, the City of La Porte reserves all rights and remedies which may have accrued to the City of La Porte for offenses which may have occurred prior to the effective date of the repeal of said ordinances. SECTION 3. All rights or remedies of the City of La Porte, Texas, are expressly saved as to any and all violations of applicable fire and life safety codes or Chapter 38 of the Code of Ordinances or amendments thereto, of said City of La Porte, that have accrued at the time of the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and that all existing violations of previous building codes which would otherwise become non-conforming uses under this Ordinance but shall be considered as violations of this Ordinance in the same manner that they were violations of prior fire and life safety codes of said City of La Porte. SECTION 4. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to be the intention of the City of Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. SECTION 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 6. Any person, as defined in Section 1.02(27) Texas Penal Code, who shall violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Thousand Dollars ($2,000.00). Each day a violation of this ordinance shall continue shall constitute a separate violation. SECTION 7. This Ordinance shall become effective fourteen (14) days after its passage and approval. The City Secretary shall give notice to the passage of the notice by causing the caption to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of the Ordinance. PASSED AND APPROVED THIS THE II~ DAY OF arAJ ~ ,2005. CITY OF LA PORTE By: Ut~t}>~ ALTON E. PORTER, Mayor ATTEST: BY:~~' City Secretary APPROVED: By: -'If) Ir, C/7y /l7-YCf: