HomeMy WebLinkAboutOrdinance - 9272-1989 - Amending Chapter 11 Article III Code Of Ordinaces. National Fire Code - 04/27/1989revised
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First Reading
Apri 1 27, J. 989
Item #5-B
Second Reading
June 22, 1989
Item #9
ORDINANCE NO. 9-.;..;;2;..;..7.;;;.2 __
AN ORDINANCE AMENDING CHAPTER 11, ARTICLE III OF THE CODE OF ORDI-
NANCES OF THE CITY OF LUBBOCK, TEXAS, ENTITLED "NATIONAL FIRE CODES," BY
ADOPTING THE 1988 EDITION OF THE NATIONAL FIRE CODES, SAVE AND EXCEPT NFPA
1, AND ADOPTING THE 1988 EDITION OF THE UNIFORM FIRE CODE IN PLACE OF NFPA
1; CONFORMING SAID CHAPTER TO SUCH CODES; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock, Texas, has deter-
mined that it would be in the best interest of the health, safety and wel-
fare of the citizens of the City of Lubbock to adopt the following changes
to update and modernize such Codes; NOW THEREFORE;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 11-11 of the Code of Ordinances of the City
of Lubbock BE and is hereby amended to read as follows:
"Sec. 11-71. Code Adopted.
The 1988 Edition of the National Fire Codes, in eleven (11) vol-
umes, as compiled and recommended by the National Fire Protection
Association, Quincy, Massachusetts, is specifically adopted as the
Fire Code of the City of Lubbock, Texas, save and except for NFPA 1,
contained in Volume 1, which is not adopted by the City of Lubbock.
The 1988 Edition of the Uniform Fire Code, as copyrighted by the In-
ternational Conference of Building Officials of Whittier, California,
and the Western Fire Chief's Association of Whittier, Cal1fornia, is
specifically adopted in place of NFPA 1 as a part of the Fire Code of
the City of Lubbock, Texas. A copy of said National Fire Codes and
said Uniform Fire Code shall be filed with the City Secretary and a
copy maintained in the office of the Fire Marshal, all such copies to
be open to public inspection during the business hours of the offices
where they are maintained, along with amendments thereto provided by
ordinance.
SECTION 2. THAT Section 11-72 of the Code of Ordinances of the City
of Lubbock BE and is hereby amended to read as follows:
"Sec. 11-72. Penalty.
Any person violating, or failing to comply with any provision of
the National Fire Codes or the Uniform Fire Code, as adopted by this
Article, shall be deemed guilty of a misdemeanor and, upon conviction
thereof, shall be fined an amount not exceeding One Thousand Dollars
($1,000.00).11
SECTION 3. THAT Section 11-73 of the Code of Ordinances of the City
of Lubbock BE and is hereby amended to read as follows:
"Sec. 11-73. Authority of Fire Marshal.
Whenever in the National Fire Codes or the Uniform Fire Code, as
adopted by this Article, it is provided that anything must be done to
the approval of, or subject to the direction of, the Fire Marshal,
this shall be construed to give such officer only the discretion of
determining whether the rules and standards established by this Code
have been complied with; and no such provision shall be construed as
giving any officer discretionary powers as to what such regulations
and standards shall be, or power to require conditions not prescribed
by the Code.11
SECTION 4. THAT Section 11-74 of the Code of Ordinances of the City
of Lubbock BE and is hereby amended to read as follows:
11Sec. 11-74. Board of Appeal--Appointment.
The City of Lubbock Building Board of Appeals, established by
Section 6-19 of the Lubbock City Code, is hereby appointed the Board
of Appeals for the National Fire Codes or the Uniform Fire Code, as
adopted by thh Article. The Board shall establish rules and regula-
tions for conducting its business and shall render all decisions and
findings in writing to the Fire Marshal, with a copy to the Appel-
lant.••
SECTION 5. THAT Section 11-75 of the Code of Ordinances of the City
of Lubbock BE and is hereby amended to read as follows:
"Sec. 11-75. Same--Purpose.
The Board of Appeals shall provide for reasonable interpretation
of the provisions of this Code and rule on appeals from decisions of
the Fire Marshal, except in specific instances where another Board has
been appointed to hear appeals."
SECTION 6. THAT Section 11-76 of the Code of Ordinances of the City
of Lubbock BE and is hereby amended to read as follows:
"Sec. 11-76. Approval of plans.
The Fire Marshal may examine submitted plans for evidence of
compliance with this Code. The Fire Marshal may require tests or
other investigations to be conducted by an agency satisfactory to the
jurisdiction when an appliance, device, equipment or system intended
for installation does not specifically meet the requirement of this
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Code, but meets the intent of this Code. Such tests or investigations
shall be based on proper test standards or principles."
SECTION 7. THAT Section 11-77 of the Code of Ordinances of the City
of Lubbock BE and is hereby amended to read as follows:
"Sec. 11-77. Inspection; Certificate of Occupancy.
The Fire Marshal or Building Official may require a building to
be inspected for compliance with the National Fire Codes and the Uni-
form Fire Code, as adopted by this Article, prior to the issuance of a
Certificate of Occupancy.
When, in the opinion of the Fire Marshal or Building Official, a
building must be so inspected by the Fire Marshal or his designated
representative prior to issuance of a occupancy certificate, such
building shall not be occupied prior to such final inspection as the
Fire Marshal or Building Official may deem necessary."
SECTION 8. THAT Section 11-78 of the Code of Ordinances of the City
of Lubbock BE and is hereby amended to read as follows:
"Sec. 11-78. Conflicts.
In the event of a conflict between Code provisions adopted by
this Article, the minimum Code regulation shall be the maximum en-
forceable Code regulation hereunder."
SECTION 9. THAT a new Section 11-79 to the Code of Ordinances of the
City of Lubbock BE and is hereby adopted, which shall read as follows:
"Sec. 11-79. Automatic Sprinklers.
Subsection (h) of Section 10.306 of the Uniform Fire Code is
amended by deleting the words 'or containing more than 15 dwelling
units.'11
SECTION 10. THAT Section 11-231 of the Code of Ordinances of the City
of Lubbock BE and is hereby amended to read as follows:
"Sec. 11-231. Definitions.
As used in this Article:
Fire extinguisher service business shall mean the business of
installing, inspecting, testing, servicing, refilling, recharging, re-
pairing or maintaining portable fire extinguishers.
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NFPA shall mean the National Fire Protection Association.
NFPA Pamphlet No. 10 shall mean those pages so entitled in Vol-
ume 1, 1988 Edition of the Codes and Standards of the National Fire
Codes promulgated by the National Fire Protection Association; re-
quirements with respect to installations and maintenance and use as
regards portable fire extinguishers, as such requirements from time to
time are or will be amended and/or supplemented."
SECTION 11. THAT violation of any provision of this Ordinance shall
be deemed a misdemeanor punishable by a fine not to exceed One Thousand
Dollars ($1,000.00) as provided by Section 11-72 of the Code of Ordinances
of the City of Lubbock, Texas.
SECTION 12. THAT should any paragraph, sentence, clause, phrase or
word of this Ordinance be declared unconstitutional or invalid for any rea-
son, the remainder of this Ordinance shall not be affected thereby.
SECTION 13. THAT the City Secretary is hereby authorized and directed
to cause publication of the descriptive caption of this Ordinance as an al-
ternative method of publication provided by law.
AND IT IS SO ORDERED.
Passed by City Council on first reading this 27th day of April
1989.
Passed by City Council on second reading this 22nd day of June 1989. -~'""'-----
IB:C:McMINN, MAYOR
APPROVE~ ~~ Dean Steadman, Fire Marshal
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Subscribed and sworn to before me this
FORM511-10
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R-158
SECOND R EAOING
ORDINANCES
. ORDINANCE NO. 9711
' AN ORDINANCE AMEN[).
lNG CHAPTER 6. ARTICLE 11 OF
THE CODE OF ORDINANCES OF
THE CITY OF LUBBOCK, TEX·
AS, ENTITLED "BUILDING
CODE", BY ADOPTING THE
UNIFORMBU,LDINGCODE,1968
EDITION,· SETTING FORTH
GENERAL SPECIFICATIONS
FOR BUILDING; CORRECTING
TYPOGRAPHICAL ERRORS AND
NUMBERING ERRORS; ESTAB-
LISHING PERMIT AND FEE RE· CIUIREMENTS; DELETING DU. PLICATION$ OF REGULATION· PROVIDING A PENALTY; PRO.
VIDING A SAVINGS CLAUSE· ___ _......_,.._..L..L-.t~:...a."""-'...,'----f ;:g:tROVIDING FOR PUBLIC4.
11 day of -=J;..;:u;..;l..;.Y ____ , 19 89
. ORDINANCE NO, 9m
ORDINANCE NO. t:l86
AN ORDINANCE CREATING THE POSITION OF CITY MAR· SHAL QF THE CITY OF LUB-
BOCK, TEXAS. PURSUANT TO SECTIONS 26.1UI AND 141.GIU OF THE LOCAL GOVERNMENT CODE OF THE STATE OF TEXAS AND ARTICLE IJ, SECTION S. OF
THE TEXAS CONSTITUTION· PROVIDING FOR PERFOR:
MANCE OF ASSIGNED DUTIES BY ONE OR MORE CITY MAR· SHALS; PROVIDING FOR PAY
FOR ONE OR MORE CITY MAR·
SHAL$; AND PROVIDINGASAV· lNG$ CLAUSE. ·
. ORDINANCE NO. a7
AN ORDINANCE AMEN[).
lNG CHAPTER 27 OF THE CODE
OF ORDINANCES OF THE CITY OF LUBBOCK, TE:U.S, BY ADO. lNG THERETO A NEW ARTICLE VII PERMITTING AND REGU. LATING THE USE OF HORSE
DRAWN VEHICLES AS \IEHI· CLES FOR HIRE; PROVIDING A PENALTY; PROVIDING A sAY· lNG$ CLAUSE AND PROVIDING :~:.tUBLICATI9N, ·
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