HomeMy WebLinkAboutOrdinance - 7877-1979 - Ordinance Amending Section 12-73 Fire Protection Pamphlet 10; 12-75(A) 12-76 - 06/14/1979I •'
ORDINANCE NO. 7877
AN ORDINANCE AMENDING SECTION 12-73 OF THE LUBBOCK.CITY CODE SO AS TO
REDEFINE NATIONAL FIRE PROTECTION PAMPHLET 10; AMENDING SECTIONS 12-75(A) AND
# 12-76(A) OF THE LUBBOCK CITY CODE RESPECTIVELY SO AS TO CHANGE THE METHOD OF
APPROVAL OF EXAMINATION QUESTIONS FOR FIRE EXTINGUISHER SERVICE BUSINESS
APPLICANTS, FOR LICENSES AND CERTIFICATES OF COMPLIANCE FROM APPROVAL BY THE
CITY COUNCIL TO APPROVAL BY THE FIRE MARSHALL AND THE FIRE CHIEF; ADDING A NEW
SENTENCE TO SECTION 12-77 OF THE LUBBOCK CITY CODE WHICH REQUIRES A CERTIFICATE
OF REGISTRATION OR LICENSE AS THE CASE MAY BE FROM THE STATE FIRE MARSHALL OF
THE STATE OF TEXAS PRIOR TO EXAMINATION AND ISSUANCE OF A LICENSE OR CERTIFICATE
OF COMPLIANCE UNDER THE TERMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE
DATE FOR AND PUBLICATION OF THIS ORDINANCE; AND PROVIDING FOR A PENALTY AS
PROVIDED FOR IN SECTION 1-.5 OF THE LUBBOCK CITY CODE.
WHEREAS, the City Council of the City of Lubbock finds and determines that
there is an immediate need for revisions to the·LubbockCity·Code in order to
provide for a more efficient administration of the examining and licensing
procedures with respect to licenses and certificates of compliance as regards
the Fire Extinguisher Service Business, and a need for an expedited clarification
as regards such procedures which affects the daily operation of the Fire
Department of the City of Lubbock and the Health, Safety, and Welfare of the
citizens of the City of Lubbock, which creates an emergency; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. The definition of N.F.P.A. Pamphlet 10 which is contained
in a portion of Section 12-73 of the Lubbock City Code is hereby amended to
read hereafter as follows:
"N.F.P.A. Pamphlet No. 10 shall mean Sections 10-1 through 10-75, in-
clusive of Volume 1, 1976 addition of the Codes and Standards of the
National Fire Codes promulgated by the National Fire Protection Associ-
ation, International, requirements with respect to installation 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 2. Section 12-75(A) of the Lubbock City Code is hereby amended
to read hereafter as follows:
"Section 12-75(A) The Fire Marshall shall determine by examination,
written or oral, on questions which have been approved by the City Fire
Marshall and the City Fire Chief, that the applicant is familiar with
the provisions of this article and the applicable standards and practices
recommended as set forth in N.F~P.A. Pamphlet No. 10, a copy of which
shall be on file in the Office of the City Fire Marshall, and the
pertinent provisions of said N.F.P.A. Pamphlet No. 10 pertaining to
installation, inspection, testing, servicing, refilling, recharging,
repairing or maintaining portable fire extinguishers are hereby adopted
for the purpose of establishing standards governing the examination
herein required."
SECTION 3. Section 12-76(A) of the Lubbock City Code is hereby amended
to read as follows:
"Section 12-76(A) The Fire Marshall shall determine by examination,
written or oral, on questions which have been approved by the City
Fire Marshall and the City Fire Chief, that the applicant is familiar
with the provisions of this article and applicable standards and practices
recommended as set forth in N.F.P.A. Pamphlet No. 10, a copy of which
shall be on file in the Office of the City Fire Marshall, and pertinent
• provisions of said N.F.P.A. Pamphlet No. 10 pertaining to installation,
inspection, testing, servicing, refilling, recharging, repairing or
maintaining portable fire extinguishers are hereby adopted for the
purpose of establishing standards governing the examination herein
required."
SECTION 4. A new sentence is hereby added at the end of existing
Section 12-77 of the Lubbock City Code which shall read as follows:
"Applicants for examination for license or certificate of compliance
respectively hereunder shall first obtain a current state certificate
of registration or license to engage in the fire extinguisher service
business from the State Fire Marshall's Office of the State of Texas,
and at no time shall such applicant be eligible for a license under this
article unless such applicant has a current state certificate of regis-
tration, and at no time shall an applicant be eligible for a ce~tificate
of compliance under this article unless such applicant has a current
state license."
SECTION 5. It is hereby determined that this Ordinance is an emergency
measure for the reasons set forth in the preamble hereof, and the rule requiring
two readings of an ordinance is hereby suspended and dispensed with, and this
Ordinance shall become effective innnediately upon its passage.
SECTION 6. Violation of any of the provisions of this Ordinance shall
be deemed a misdemeanor punishable by a fine not to exceed TWO HUNDRED DOLLARS
as provided in Section 1-5 and Section 12-81 of the Lubbock City Code.
SECTION 7. The City Secretary is hereby authorized and directed to
publish the caption and penalty clause of this Ordinance as an alternative
method of publication as provided by law.
14th Passed unanimously by the City Council of the City of Lubbock this
day of June , 1979. -----
ATTEST:
APPROVED.-AS TO FORM:
J.
APPROVED AS TO CONTENT: