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Home My WebLink AboutO-1991-1388-A ~ . . ORDINANCE NO. l388A AN ORDINANCE AMENDING ORDINANCE 1388, AN ORDINANCE ADOPTING A FIRE CODE FOR THE CITY OF LA PORTE; CONTAINING A SAVING AND REPEALING 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) AND EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAI~rED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The 1983 edition of the Fire Code of the City of La Porte, as adopted by Ordinance No. 1388, is hereby amended as set forth on Exhibits nAn through nGn, both inclusive, attached hereto, incorporated by reference herein, and made a part hereof, as fully as if copied at length herein. Section 2. Except as amended hereby, Ordinance No. 1388 shall remain in full force and effect. Section 3. Any person, as defined in Section 1.07(27), Texas Penal Code, who shall violate any of the provisions of this code or fails to comply with any order made hereunder, or who shall violate any detailed statement of specifications or plans submitted and approved hereunde:r, or any certificate of permit issued hereunder, or who shall fail to comply with any lawful order of the fire marshall or duly authorized representative within the time specified, shall be guilty of a misdemeanor, and upon being found guilty shall be punished by a fine of not more than Two Hundred Dollars ($200.00). Each and every day a violation is permitted to continue or compliance is not attained, or prohibited conditions are maintained, shall constitute a separate and distinct offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. 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, and it is hereby declared to be the intention of this City 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 invalid. . . ORDINANCE NO. 1388A Page 2 Section 5. 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 (IO) days after the passage of this Ordinance. Section 6. 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, 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 APPROVED, this 12th day of August, 1991. F LA PORTE BY ATTEST: ~ ~ ~~~~:r ~~ Cher ie- Black ~ City Secretary APaz;z/~ Knox W. Askins City Attorney . "A" e 1. REOUESTED FIRE CODE CHANGES ARTICLE 5- AIRPORTS. HELIPORTS AND HELISTOPS DIVISION-4- AIRCRAFT SERVICE STATIONS, BULK FUEL STORAGE AREAS AND LOADING DOCKS. SECTION 5.17- INSTALLATION, OPERATION, MAINTENANCE OF AIRCRAFT SERVICE STATIONS GENERALLY. SUB-SECTION-3- CHANGE FROM:: ABOVEGROUND FLAMMABLE OR COMBUSTIBLE STORAGE TANKS OF ANY SIZE ARE PROHIBITED. CHANGE TO: ABOVEGROUND FLAMMABLE OR COMBUSTIBLE STORAGE TANKS SHALL BE INSTALLED AS PER N.F.P.A. #30 REQUIREMENTS, OR OTHER FIRE CODE REVIEW COMMITTEE APPROVED STORAGE SYSTEMS. e "8" e 2. REOUESTED FIRE CODE CHANGES ARTICLE-5- AIRPORTS. HELIPORTS AND HELISTOPS DIVISION-4- AIRCRAFT SERVICE STATIONS, BULK FUEL STORAGE AREAS AND LOADING DOCKS. SECTION -5.18- BULK STORAGE AREAS AND LOADING RACKS. SUB-SECTION -1- CHANGE FROM: ABOVEGROUND FLAMMABLE AND COMBUSTIBLE STORAGE TANKS OF ANY SIZE ARE PROHIBITED. THE STORAGE OF COMBUSTIBLE LIQUIDS IN ABOVEGROUND TANKS SHALL BE PROHIBITED IN FIRE ZONES 1 & 3. CHANGE TO: ABOVEGROUND FLAMMABLE AND COMBUSTIBLE STORAGE TANKS SHALL BE INSTALLED AS PER N.F.P.A. #30 REQUIREMENTS, OR OTHER FIRE CODE REVIEW COMMITTEE APPROVED STORAGE SYSTEMS. . "e" . 3. REOUESTED FIRE CODE CHANGES ARTICLE-16- FLAMMABLE AND COMBUSTIBLE LIOUIDS DIVISION-2- ABOVEGROUND TANK STORAGE SECTION-16.22- STORAGE IN ABOVEGROUND TANKS GENERALLY. SUB-SECTION-A- CHANGE FROM: THE STORAGE OF FLAMMABLE LIQUIDS IN ABOVEGROUND TANKS IS PROHIBITED IN THE CITY LIMITS OF LA PORTE. CHANGE TO: THE STORAGE OF FLAMMABLE LIQUIDS IN ABOVEGROUND TANKS SHALL BE APPROVED AND INSTALLED AS PER FIRE CODE REVIEW COMMITTEE REQUIREMENTS. e "D" e 4. REOUESTED FIRE CODE CHANGES ARTICLE-16- FLAMMABLE AND COMBUSTIBLE LIQUIDS DIVISION -2- ABOVEGROUND TANK STORAGE SECTION-16.32- STORAGE IN ABOVEGROUND TANKS GENERALLY SUB-SECTION-B- CHANGE FROM: CHANGE TO: THE LOCATION AND INSTALLATION OF OUTSIDE ABOVEGROUND TANKS, IN FIRE ZONE 2, WITH RESPECT TO BUILDINGS AND PROPERTY LINES FOR THE STORAGE OF COMBUSTIBLE LIQUIDS SHALL BE IN ACCORDANCE WITH N.F.P.A. PAMPHLET #30. THE FOLLOWING PROVISIONS OF THIS SECTION SHALL APPLY EXCEPT WHERE CONFLICTS EXISTS, THE MORE RESTRICTIVE SHALL APPLY: THE STORAGE OF COMBUSTIBLE LIQUIDS IN ABOVEGROUND TANKS SHALL BE AS PER N.F.P.A. #30 REQUIREMENTS, OR OTHER FIRE CODE REVIEW COMMITTEE APPROVED STORAGE SYSTEMS. THE FOLLOWING PROVISIONS OF THIS SECTION SHALL APPLY EXCEPT WHERE CONFLICTS EXISTS, THE MORE RESTRICTIVE SHALL APPLY: . "E" e 5. REOUESTED FIRE CODE CHANGES ARTICLE-16- F~~BLE AND COMBUSTIBLE LIOUIDS DIVISION-5- BULK PLANTS SECTION-16.26- PROHIBITED IN FIRE ZONE 1 AND 2 CHANGE FROM: NO BULK PLANT SHALL BE CONSTRUCTED WITHIN THE LIMITS ESTABLISHED BY LAW AS FIRE ZONE 1 AND 2. CHANGE TO: NO BULK PLANT SHALL BE CONSTRUCTED WITHIN THE CITY LIMITS OF LA PORTE, EXCEPT AS PERMITTED BY THE FIRE CODE REVIEW COMMITTEE. . "F" e 6. REOUESTED FIRE CODE CHANGES ARTICLE-16- FLAMMABLE AND COMBUSTIBLE LIOUIDS DIVISION-5- BULK PLANTS SECTION-16.27- STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS SUB-SECTION-B- CHANGE FROM: CLASS 1- CLASS I FLAMMABLE LIQUIDS SHALL BE STORED IN UNDERGROUND STORAGE TANKS AS PER THIS ARTICLE. CHANGE TO: CLASS 1- CLASS I FLAMMABLE LIQUIDS SHALL BE STORED IN N.F.P.A. #30 APPROVED STORAGE TANKS, OR OTHER FIRE CODE REVIEW COMMITTEE APPROVED STORAGE SYSTEMS. . "G" e 7. REOUESTED FIRE CODE CHANGES ARTICLE-16- FLAMMABLE AND COMBUSTIBLE LIOUIDS DIVISION-12- REFINERIES, CHEMICAL PLANTS, DISTILLERIES SECTION-16.81- STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS TO BE IN EITHER ABOVEGROUND OR UNDERGROUND TANKS. CHANGE FROM: FLAMMABLE LIQUIDS SHALL BE STORED IN TANKS UNDERGROUND IN ACCORDANCE WITH DIVISION 3 OF THIS ARTICLE. COMBUSTIBLE LIQUIDS SHALL BE STORED IN TANKS EITHER ABOVEGROUND OR UNDERGROUND IN ACCORDANCE WITH DIVISION 2 OR 3 OF THIS ARTICLE. CHANGE TO: FLAMMABLE AND/OR COMBUSTIBLE LIQUIDS SHALL BE STORED IN N.F.P.A. #30 APPROVED STORAGE TANKS OR OTHER FIRE CODE REVIEW COMMITTEE APPROVED STORAGE SYSTEMS. 1.. REQUESTED FIRE CODE CHAN. ARTICLE 5- AIRPORTS. HELIPORTS AND HELISTOPS DIVISION-~- AIRCRAFT SERVICE STATIONS, BULK FUEL STORAGE AREAS AND LOADING DOCKS. SECTION 5.17- INSTALLATION, OPERATION, MAINTENANCE OF AIRCRAFT SERVICE STATIONS GENERALLY. SUB-SECTION-3- CHANGE FROM: ABOVEGROUND FLAMMABLE OR COMBUSTIBLE STORAGE TANKS OF ANY SIZE ARE PROHIBITED. CHANGE TO: ABOVEGROUND FLAMMABLE OR COMBUSTIBLE STORAGE TANKS SHALL BE INSTALLED AS PER N.F.P.A. #30 REQUIREMENTS, OR OTHER FIRE CODE REVIEW COMMITTEE APPROVED STORAGE SYSTEMS. Exhibit "A" ~. REQUESTED FIRE CODE C~ ARTICLE-5- AIRPORTS. HELIPORTS AND HELISTOPS DIVISION-~- AIRCRAFT SERVICE STATIONS, BULK FUEL STORAGE ]~REAS AND LOADING DOCKS. SECTION -5.18- BULK STORAGE AREAS AND LOADING RACKS. SUB-SECTION -1- CHANGE FROM: ABOVEGROUND FLAMMABLE AND COMBUSTIBLE STORAGE TANKS OF ANY SIZE ARE PROHIBITED. THE STORAGE OF COMBUSTIBLE LIQUIDS IN ABOVEGROUND TANKS SHALL BE PROHIBITED IN FIRE ZONES 1 & 3. CHANGE TO: ABOVEGROUND FLAMMABLE AND COMBUSTIBLE STORAGE TANKS SHALL BE INSTALLED AS PER N.F.P.A. #30 REQUIREMENTS, OR OTHER FIRE CODE REVIEW COMMITTEE APPROVED STORAGE SYSTEMS. Exhibit "B" ~3. REQUESTED FIRE CODE CH~ ARTICLE-16- FLAMMABLE AND COMBUSTIBLE LIQUIDS DIVISION-2- ,~BOVEGROUND TANK STORAGE SECTION-16.22- STORAGE IN ABOVEGROUND TANKS GENERALLY. SUB-SECTION-A- CHANGE FROM: THE STORAGE OF FLAMMABLE LIQUIDS IN ABOVEGROUND TANKS IS PROHIBITED IN THE CITY LIMITS OF LA PORTE. CHANGE TO: THE STORAGE OF FLAMMABLE LIQUIDS IN ABOVEGROUND TANKS SHALL BE APPROVED AND INSTALLED AS PER FIRE CODE REVIEW COMMITTEE REQUIREMENTS. Exhibi t "e" .t,.. REQUESTED FIRE CODE CHp ARTICLE-16- FLAMMABLE AND COMBUSTIBLE LIQUIDS DIVISION -2- ABOVEGROUND TANK STORAGE SECTION-16.32- STORAGE IN ABOVEGROUND TANKS GENERALLY SUB-SECTION-B- CHANGE FROM: CHANGE TO: THE LOCATION AND INSTALLATION OF OUTSIDE ABOVEGROUND TANKS, IN FIRE ZONE 2. WITH RESPECT TO BUILDINGS AND PROPERTY LINES FOR THE STORAGE OF COMBUSTIBLE LIQUIDS SHALL BE IN ACCORDANCE WITH N.F.P.A. PAMPHLET #30. THE FOLLOWING PROVISIONS OF THIS SECTION SHALL APPLY EXCEPT WHERE CONFLICTS EXISTS, THE MORE RESTRICTIVE SHALL APPLY: THE STORAGE OF COMBUSTIBLE LIQUIDS IN ABOVEGROUND TANKS SHALL BE AS PER N.F.P.A. #30 REQUIREMENTS, OR OTHER FIRE CODE REVIEW COMMITTEE APPROVED STORAGE SYSTEMS. THE FOLLOWING PROVISIONS OF THIS SECTION SHALL APPLY EXCEPT WHERE CONFLICTS EXISTS, THE MORE RESTRICTIVE SHALL APPLY: Exhibit "D" , . .. REQUESTED FIRE CODE CHp ARTICLE-16- FLAMMABLE AND COMBUSTIBLE LIQUIDS DIVISION-5- BULK PLANTS SECTION-16.26- PROHIBITED IN FIRE ZONE 1 AND 2 CHANGE FROM: NO BULK PLANT SHALL BE CONSTRUCTED WITHIN THE LIMITS ESTABLISHED BY LAW AS FIRE ZONE 1 AND 2. CHANGE TO: NO BULK PLANT SHALL BE CONSTRUCTED WITHIN THE CITY LIMITS OF LA PORTE, EXCEPT AS PERMITTED BY THE FIRE CODE REVIEW COMMITTEE. Exhibit "E" ~6. REQUESTED FIRE CODE CH~ES ARTICLE-16- FLAMMABLE AND COMBUSTIBLE LIQUIDS DIVISION-5- BULK PLANTS SECTION-16.27- STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS SUB-SECTION-B- CHANGE FROM: CLASS 1- CLASS I FLAMMABLE LIQUIDS SHALL BE STORED IN UNDERGROUND STORAGE TANKS AS PER THIS ARTICLE. CHANGE TO: CLASS I- CLASS I FLAMMABLE LIQUIDS SHALL BE STORED IN N.F.P.A. #30 APPROVED STORAGE TANKS, OR OTHER FIRE CODE REVIEW COMMITTEE APPROVED STORAGE SYSTEMS. Exhibit "F" , . e 7. REQUESTED FIRE CODE C~ ARTICLE-16- FLAMMABLE AND COMBUSTIBLE LIQUIDS DIVISION-12- REFINERIES, CHEMICAL PLANTS, DISTILLERIES SECTION-16.81- STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS TO BE IN EITHER ABOVEGROUND OR UNDERGROUND TANKS. CHANGE FROM: FLAMMABLE LIQUIDS SHALL BE STORED IN TANKS UNDERGROUND IN ACCORDANCE WITH DIVISION 3 OF THIS ARTICLE. COMBUSTIBLE LIQUIDS SHALL BE STORED IN TANKS EITHER ABOVEGROUND OR UNDERGROUND IN ACCORDANCE WITH DIVISION 2 OR 3 OF THIS ARTICLE. CHANGE TO: FLAMMABLE AND/OR COMBUSTIBLE LIQUIDS SHALL BE STORED IN N.F.P.A. #30 APPROVED STORAGE TANKS OR OTHER FIRE CODE REVIEW COMMITTEE APPROVED STORAGE SYSTEMS. Exhibit "G"