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HomeMy WebLinkAboutO-1984-1093-B , , . . . . ORDiNANCE NO. 1093-B AN ORDINANCE AMENDING THE 1982 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 1125, SMOKE DETECTOR SYSTEMS, REQUIRING AND REGULATING SMOKE DETECTORS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE 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 COUNCIL OF THE CITY OF LA PORTE: SECTION 1. Section 1125 of the Standard Building Code, 1982 Edition, or currently enforced building code, heretofore adopted by the City Council of the City of La Porte, be, and the same is hereby amended to read as follows, to-wit : "Section 1125. Sf\10KE DETECTOR 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 characteris- tics of the detector. Audibility of the alarm. When activated, all detectors herein required shall prov'ide an audible alarm recoqnizable 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 herein required for all new and existing construction shall be the responsi- bility 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 purposesr The detector 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. . . . e ORDINANCE NO. 1.-S . 1. Dwelling(s) or guest room(s) without- interior hallways. In dwelling(s) or guest room(s) without 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 main 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. ~ulti-level sleeping rooms. Where sleeping rooms are located on two or more levels, two or more detectors shall be requirep 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). SECTION 4. Responsibility for Monthly Testing, Repair or Replacement. a. It is ~he responsibility of ,the tenant of an apartment house, condominium, duplex, townhouse, hotel, motel, or boarding house to test, at least monthly, the smoke detector in the area which they have leased or rented, to insure pr:oper operation. b. ,It is the respons'i bil ity of the owner or authori zed ,representati ve of said units to test, at least monthly, the smoke detectors located in common hallways and common rooms, to insure proper operation. c. It is the responsibility of the owner or authorized representative of said units to immediately repair or replace any detector found to be defective. d. It is the responsibility of the owner 'or authorized representative of said units, when a detector is found to be defective or missing in a vacant dwelling unit or guest room, to repair or replace said detector prior to the dwelling unit or guest room being reoccupied. e. It is the respondibility of the'owner or authorized representative of said units, during the annual testing of the detectors, to remove all exist- ing batteries installed in the battery operated detectors and reinstall new batteries in the detectors which meet the manufacturer's specifications. ORDINANCE NO. 13-8 . . SE.CTION 5. Existing ~iuiti-Fami1y Dwellings a. The owner or authorhed representative of an existing condominium, duplex, townhouse, apartment house, hotel, motel or boarding house in an area annexed by the City of La Porte, must install smoke ~etectors as specified in Section 3 of this Ordinance, within one (1) year from the official annexation date. b. The owner or authorized representative of an existing condominium, duplex, townhouse, apartment house, hotel, motel or boarding house now situated within the City of La Porte, must'install smoke detectors as specified in Section 3 of this Ordinance, within thirty (30) days from the official notification date. , SECTION 6. 'Notarized Affidavit and Annual Testing The owner or authorized representative of each apartment house, boarding house, hotel and motel situated within the City of La Porte shall, annually, not later than November 1 of each year, file a sworn and notarized affidavit with the Fire Marshal of the City of La Porte, certifying that they or their authorized representative have tested each smoke detector installed to satisfy the requirements of this Ordinance, within the last sixty (60) days prior to the issuance of the affidavit and that it is in operable condition. The affidavit shall also include a list of room or apartment numbers and common hallways and common rooms and the date when each detector was tested. SECTION 7. Existing Single-Family Dwellings The owner or authorized representative must install smoke detectors as specified in Section 3 of this Ordinance, in existing single-family dwellings situated within the City of La Porte, or areas annexed by the City of La Porte, when: Interior alterations, repair or additions are made requiring that a building permit be obtained from the Code Enforcement division. ~ 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 vaildity of this Ordinance as a whole or any part or portion thereof, other than the portion so decided to be invalid or unconstitutional. SECTION 9. In addition to and cumlative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this Ordinance. SECTION 10. Ordinance No. 1093-A is repealed as of the effective date hereof. e ~ . . , e e Ol{UINANCE NO. 11"8 . ~_E~TIori.J1. . Any per:;oii.as defined in Section 1.07 (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 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 Secretary 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. SECTION 13. 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 Meeting 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 Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPRDVED, thi s the /$1 day of 1"''' AAI ,19 d C1T~tL: ~OR~E BY ~tri'~'" ATTEST: ~/~ City Secretary .