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Home My WebLink AboutO-1980-1093-A . . ORDINANCE NO. 1093 A e AN ORDINANCE AMENDING THE 1979 EDITION OF THE STANDARD BUILDING CODE, OR CURRENTLY ENFORCED BUILDING CODE, AS AMENDED, AND ALSO KNOWN AS THE BUILDING CODE OF THE CITY OF LA PORTE; BY AMENDING SECTION 1127, FIRE DETECTION SYSTEMS, REQUIRING AND REGULATING SMOKE DETECTORS; PROVIDING A SEVERABILITY CLAUSE; 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); CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETING LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: e SECTION 1. Section 1127 of the Standard Building Code, 1979 Edition, or .currently enforced building code, heretofore adopted by the City Commission of the City of La Porte, be, and the same is hereby amended to read as follows, to-wit: "Section l127. FIRE DETECTION SYSTEMS. Every newly constructed dwelling and every newly constructed dwelling unit within an apartment house, condominium, duplex, townhouse, and every guest room in a hotel, motel, or boarding house, and every basement or cellar within such dwellings shall be provided with an Underwriters Laboratories Incorporated rated or Factory Mutual approved smoke detector, which may be either 120-volt A.C. or battery operated. Care shall be exercised to insure that the installation of all smoke detectors herein required will not interfere with the operating characteristics of the detector. Audibility of' the alarm. When activated, all the detectors herein required shall provide an audible alarm recognizable as such when sleeping room(s) door(s) is completely closed." - SECTION 2. FINAL APPROVAL 1. Final approval for all smoke detector location(s) herein required for all new and existing construction shall be the responsibility of the Fire Marshal or his duly authorized representative. 2. Final approval and inspection for all smoke detector installation(s) herein required for all new and existing construction shall be the responsibility of the chief building inspector or his duly authorized representative. . SECTION 3. LOCATION OF SMOKE DETECTORS Unless otherwise specified herein. a smoke detector shall be mounted on the ceiling or wall in the hallway(s) giving access to the room(s) used for sleeping purposes. The detector ORDINANCE NO~093 A, PAGE 2 . e shall be located prior to or across from the entrance to the first room inside said hallway(s). If the detector is mounted on the wall, the complete unit shall not be located lower than twelve (12) inches from the ceiling. 1. Dwelling(s) or guest room(s) without interior hallways. In dwelling(s) or guest room(s) \~ithout interior hallway(s) giving access to a sleeping room(s), the detector shall be centrally located on the ceiling of the main room. Exception: Where ma1n rooms have a cathedral-type ceiling, the detector shall be placed on an individual basis to insure the placement will not interfere with the proper operation or periodic testing. 2. Two- story or studio-type dwellings. Two-story or studio-type dwellings where sleeping rooms are on an upper level, the detector shall be placed in the center of the ceiling directly at the top of the stairway landing. 3. Multi-level sleeping rooms. Where sleeping rooms are located on two or more levels, two or more detectors shall be required and shall be placed in the locations herein -designated. 4. Enclosed common hallways. In hotels,- motels, and boarding houses where guest rooms open into a common enclosed hallway(s) or in apartments, condominiums or townhouses where dwelling entranceways open into enclosed common hallway(s), smoke detector(s) shall be placed in said hallway(s) on the ceilings at distances that will insure the audibility of the alarm to the occupants. Where common rooms are shared in hotels, motels, boarding houses, apartments, condominiums, or townhouses, a smoke detector shall be centrally located on the ceiling in such room(s). - e SECTION 4. Every dwelling unit within an existing condominium, duplex, townhouse complex, and every basement or cellar within such dwellings within the City of La Porte shall 'meet the requirements of this Ordinance, as amended, within five years. The time shall begin November 1, 1977. . SECTION S. Every dwelling unit within an existing apartment house, and every guest room in a hotel, motel, or boarding house, and every basement or cellar within such dwellings within the City of La Porte shall meet the requirements of this Ordinance, as amended, within five years, with a minimum of (20%) of the total number of dwelling units having smoke detectors installed each year. The time period shall begin November 1, 1977. . ORDINANCE N~1093 A, PAGE 3 . . SECTION 6. The owner or operator of each apartment house, boarding house, hotel, motel, and the owner or operator of each dwelling unit in a duplex, condominium and townhouse situated within the City of La Porte shall, annually, not later than November 1 of each year file a sworn and notorized affidavit with the Fire Marshal of the City of La Porte certifying that each said smoke detec~or has been tested within the last sixty (60) d~ys prior to the issuance of the affidavit and is in operable condition. SECTION 7. Smoke detectors must be installed in existing one-family dwellings as specified herein when: Interior alterations, repairs, or additions are made req~lrlng that a building permit be obtained from the building dep~rtment. e SECTION 8. If any section, paragraph, subdivision, clause, phrase, or provision of this Ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or portion thereof, other than the portion so decided to be invalid or constitutional. SECTION 9. penalties, the relief for any In addition to and cumlative of all other City shall have the right to seek injunctive and all violations of this Ordinance. SECTION 10. Ordinance No. 1093 is repealed as of the effective date hereof. e SECTION 11. Any person as defined in Section 1.07 (27), Texas Penal Code, who shall violate -&R~"provision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Each violation and each day the violation continues shall constitute separate and individual offenses and shall be punishable accordingly. SECTION 12. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Clerk shall give notice of the passage of this Ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this Ordinance. e ,. ~ -- - . ORDINANCE NO~93 A, PAGE 4 , SECTION 13. The City Commission officially finds, deter- mines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Commission 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. Article 6252-17, Texas Revised Civil Statutes Annotated; 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 Commission further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED, this the day of March, 1980. CITY OF LA PORTE BF- ~~H... ~ ~ J.J. MEZA, MAYOR ATTEST: ~~ ~~~ City Cl k APPROVED: City Attorney