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Home My WebLink AboutOrdinance - 5271-1967 - Amending Chapter 12 Article VI Fire Extinguisher Service Business. - 06/08/1967r- , (;l ~t--- ;;,-;.?.. s-+ 7r ~t!tr,1 ~yfz.:ii:tJ Jw2j /3 17'/P 7 OU>-06-\C\U>~ O(.p -2:2 -I ~<.P:r ORDINANCE NO. -..s.52....,7=1 __ AN ORDINANCE AMENDING CHAPTER 12 OF THE LUBBOCK CODE OF ORDINANCES BY ADDING A NEW ARTICLE VI REGULATING THE BUSINESS OF ·-J!_ECHARGE AND REPAm OF FIRE EXTINGUISHEftS: DEFINING 11FIRE E:xTINP< GU~R SERVICE BUSINESS. tt AND DECLARING IT A MISDEMEANOR TO ENGAGE IN SUCH BUSINESS WITHOUT A LICENSE OR A CERTIFICATE OF COM..J PLIANCE: PROVIDING REQUIREMENTS FOR ACQUISITION OF SUCH LICENSE OR CERTIFICATE OF COMPLIANCE; MAKING SUCH LICENSE OR CERTIFICAT~ NON ... TRANSFERABLE AND REVOCABLE; PROVIDING FOR RIGHT OF APPEAL TO THE CITY COUNCIL; PROVIDING FOR ENFORCEMENT BY INJUNCTION; PROVIDING A PENALTY., PROVIDING A SEVERABILITY CLAUSE; AND AUTHOI !ZING THE CITY SECRETARY TO PUBLISH A DESCRIPTIVE CAPTION. WHEREAS., the fire extinguisher business as hereinafter defined is primarily concerned with the protection of the public health.~~ safety~ and welfare; and, WHEREAS,. it has been brought to the attention of the City Council of the City of Lubbock that the public health.~~ safety, and weliare is being endangored by irre +.-> sponsible and unsafe practices by individual persons and companies engaged in the fire extinguisher recharge and repair business; NOW THEREFOR: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Code of Ordinances, City of Lubbock, Texas is hereb amended by adding Article VI to Chapter 12 which Articl~ reads as follows: 11Article VI. Fire Extinguisher Service· Business. u 'Sec.12 ... 73. Definitions. As used in this Article: a. Fire Extinguisher Service Business shall mean the business of installing, inspecting, testing, servidng~ refilling~ recharging, repairing or maintaining portable fire extinguishers. b. N F . P A shall mean the National Fire Protection Association, International. c. PampN.et N F P A #10 shall mean. the phamplet on ulnst~ation of Portable Fire Extinguishers, 1965u. Pamphlet lOAN F P A shall mean the pamphlet on nMaintenance and use of Portable Fire Extinguishers, 1965u .. Sec. 12-74. Licenses and Certificates of Complaince Required. It shall be unlawful for any person, firm or corporation to engage in tl fire extinguisher service business within the corporate limits of the C / t ! of Lubbock without first. obtaining a license therefor from the City. It shall be unlawful for any person to act.-within the corporate limits of the eity of Lubbock. as an agent. employee or _representative of any person., firm or corporation engaged in the fire extinguisher service business without obtaining a certificate of compliance from the City. Sec. 12 ... 75. License Requirements. No license shall be issued until the following requirements are fulfilled: a. The Fire Marshal shall determine by examination, written. or oral., on questions which have been approved by the Council.-that the applicant is familiar with the provisions of this Article and the appli cable standards and practices recommended as set forth inN F P A Pamphlets No. 10 and lOA issued January 1965, a copy of which shall be on file in the office of the City Fire Marshal and the perti• nent provision of each pamphlet pertaining to installation, inspectior testing, servicing, refilling, recharging, repairing or maintaining portable fire extinguishers are hereby adopted for the purpose of establishing standards governing the examination he rein required. b. Each applicant for a license shall, after complying with the pro ... visions of subsection .~a) above., execute and deliver to the City Sec- retary a surety bond in the sum of Five Thousand and No/100 Dollar {"$'5 .. ooo. 00) payable to the City of Lubbock., for the use of any and alJ persons who may sustain any damage or legal injury of every char ... acter occasioned by the negligence of the principal, his agents, ser- vants or employees in the cond~t of the fire extinguisher service business within the City of Lubbock. Liability of the surety on such bond shall continue until such surety has given the City of Lubbock., acting by and through it~s City Secretary, thirty (30) days written notice of cancellation or of the amount of claims of which it has beer notified and in such event the principal as licensee shall not pursue the fire extinguisher service business until a substitute bond for the full amount is filed and approved. Each bond shall be subject to the approval of the City Attorney of the City of Lubbock. c. The applicant shall pay an annual license fee in the sum of $1'5,; oo to the City Secretary .. Treasurer~ Upon certification from the :F"ir'e Marshal that applicant has satisfied the requirements of this section and after payment of the license fee~ the City Secretary shall issue the license. No licensee under this article shall allow, permit or suffer an agent, employee or representative to engage in the fire extinguisher business unless such agent, employee or representatiVI has a certificate of compliance issued in his name and in his posses - ion. Violation of this subsection by a licensee shall be ground for revocation of the license issued hereunder. ... 2 - Sec. 12 ... 76. Certificate~ of Compliance Requirements .. No Certificate of Compliance may be issued unless and until the following requirements are fulfilled: · a. The Fire Marshal shall determine by examination,. written or oral on questions which have been approved by the Council6 that the applic is familiar with the provisions of this Article and the applicable stand ... ards and practices recommended as set forth in N F P A Pamphlets 10 and lOA issued January 1965, a copy of which shall be on file in the office of the City Fire Marshal and the pertinent provision of each pam phlet pertaining to installation,. inspection, testing,. servicing, refill ... ing, recharging6 repairing or maintaining portable fire extinguishers are hereby adopted for the purpose of establishing standards governing the examination herein required. b. The applicant for Certificate of Compliance shall pay an annual fee in the sum of $7. 50 to the City Secretary ... Treasurer upon certification from the Fire Marshal that an applicant for a Certificate of Complianc has satisfied these requirements. The City Secretary, upon receipt of payment of the annual fee, shall issue a Certificate of Compliance. Provided, however" a Certificate of Compliance shall not be construed as authorizing a holder to repair or service fire extinguishers unless he is a bonafide agent, employee or representative of a licensee under this Article. Sec. 12 ... 77. Licenses and Certificates ... Suspension .. Revocation" Expira- tion, Nontransferable. A License or Certificate of Compliance issued under the terms of this Art ... icle shall be a personal privilege only and may be suspended and revoked as provided in the following section. Each such License or Certificate shall be nontransferable and shall expire at midnight on the thirty ... first day of December of the calendar year in which such License or Certificate is issued. Sec. 12 ... 78. Authority to suspend or revoke .. The Fire Marshal is hereby authorized to enforce this Ordinance by suspen - ing or revoking the license of any licensee or the certificate of any agent .. employee or representative of any licensee,. who has violated any provision of this Article. Sec. 12 ... 79. Appeal. In the event the City Secretary refuses a license or certificate to an appli ... cant., or a license or certificate is suspended or revoked by the Fire Mar ... shal., the applicant whose license or certificate is refused or the . . ·J FOS·EW holder of a license or certificate, which has been revoked or suspended, shall have the right of appeal to the City Council by filing an appeal in writing with the City Council within fifteeri (15) days from the refusal to grant such license or certificate or the revocation or suspension of such license or certificate by the Fire Marshal. Within thirty (30) days from the filing of an appeal, the City Council shall hold a hearing and shall either affirm~ modify or otherwise change the action of the Fire Marshal Sec. 12-80. Enforcement -Injunction. In addition to any other remedy provided in this Article~ the City shall have the r ight to enjoin any violation of this Article by injunction issued by a court of competent jurisdiction. Sec. 12 ... 81. Penalty. Violation of any provision of this Ordinance shall constitute a misdemean r punishable by a fine not to exceed TWO HUNDRED {$200. 00) DOLLARS. SECTION 2. Should any section, paragraph, sentence, clause, phrase, or word of this Ordinance be declared unconstitutional or invalid for any purpose, the remainder of this Ordinance shall not be effected thereby. SECTION 3. The City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance, together with the pen• alty clause as provided by law. AND IT IS SO ORDERED Passed by the Council on first reading this 8th day of _ __.J....,uwo~e-----~ 1967. Passed by the Council on second reading this 22nd d June , 1967. ATTEST: L~e,~~c;etary-Treasurer APPROVED: ~ .. 4 -