The URL can be used to link to this page

Home My WebLink AboutOrdinance - 8974-1986 - Ordinance Amending Chapter 11, Fire Prevention And Protection, Art. III - 09/25/1986First Reading September 25, 1986 Agenda Item #28 Second Reading October 7, 1986 Agenda Item #8 LJM:dw ORDim'OCE w. 8974 AN ORD!Nl\'tCE AMEND!m amPrER 11,. •FIRE PREVENI'ION AND P.ROJ.1.EC1'ION, • ARl'Ia..E III, CF THE Lt:JBBOCKCITY CXDE, BY A1X'lE'.1'IK; THE Nl\TIONAL FIRE ca:>ES, 1985 IDITION; PROVIDiro FOR Dis:Rm'IONARY INSPEX:!riON OF NEH' BUILDINGS BY TBE FIRE MARSHAL; P.ROVIDIR:; A PENALTY; PROVID!m A SAVINGS a:..NJSE; AND PROVID!m FOR PUBLICATION. WHEREAS,. the Building Board of Appeals has determined that the changes hereinafter made to OJapter ll of the Lubbock City Code and to the National Fire Codes are needed to up:late and JOOdemize such Chapter and Codes for the ultimate benefit of the citizens of Lubbock and have recomnended such changes to the City Council; and WHEREAS, the City COUncil has determined that the changes here- inafter made are to the benefit of the public health, safety and general welfare and are in the best interest of the citizens of LUbbock; NlV THEREFORE: BE IT ORDAINED BY THE CITY COI'.N::lL <F TBE CITY <F Lt:JBBOCK: ~00 1. THAT Chapter 11, Article III of the Code of Ordinances,. City of l.albbock, Texas, is hereby amended to read as follows: •Article III. Fire COdes Sec. ll-71. National Fire Codes, 1985 Fdition, .Adopted. 'Ibe 1985 Fdition of the National Fire Codes, in eight (8) volmnes, as compiled and recoumended by the National Fire Protection Association, Quincy,. Massachusetts, is specifically adopted as the Fire Code of the City of Lubbock, Texas, and a copy is attached to the ordinance adopting said code and incorporated herein by reference as though set out com- pletely in detail. References in this article to the National Fire Codes shall mean the 1985 edition. A copy of said National Fire Codes 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 business hours of the offices where they are maintained, with the amendments thereto provided in this Article. Sec. ll-72. Penalty. Arr:f person violating, or failing to comply with any provision of the National Fire Codes, shall be deemed guilty of a misdeJreanor and, upon conviction thereof, shall be fined an aJOOunt not exceeding one thousand dollars ($1,000.00). Sec. ll-73. Authority of Fire Marshal. ~ 1" ~ ' • ' • " ..... ·-';. .. s.. . ./1' . .. '• Whenever in the National Fire Codes, it is provided that anything nust be done to the approval of, or subject to the direction of, the fire Marshal, this sball be construed to give such officer only the discretion of determining whether the rules and standards established by this code have been complied with1 and no such provision shall be construed as giving any officer discretionary powers as to what such regulations or standards shall be, or power to require conditions not prescribed by the code or to enforce code provisions in an arbitrary or discriminatory manner. sec. 11-74. Sl-5.1. Board of Appeals -Appointment • .section 1-5.1 of Chapter 1 of the 11Fire Prevention Code11 in Volume 7 of the National Fire Codes is hereby amended to read as follows: The City of Lubbock Building Board of Appeals, established by sec. · 6-19 of the Lubbock City Code, is hereby appointed the Board of Appeals for the National Fire Codes. The Board shall establish rules and regulations for conducting its business and shall render all decisions and findings in writing to the Fire Marshal, with a copy to the appellant. sec. 11-75. Sl-5.2. Board of Appeals -Purpose. Section 1-5.2 of Chapter 1 of the 11Fire Prevention Code• in Volume 7 of the National Fire Codes is hereby amended to read as follows: 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 any specific instances where another Board has been appointed. sec. 11-76. §1-8.1. Approvals -General. Section 1-8.1 of Chapter 1 of the 11Fire Prevention Code" in Volume 7 of the National Fire Codes is hereby amended to read as follows & General. The Fire Marshal may examine the 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, equiiJlSlt or system in- tended for installation does not specifically meet the requirement of this Code, but meets the intent of this Code. SUch tests or investigations shall be based on test standards or principles. (See Appendix D-l-8.1). sec. 11-11. s1-a.2. Same. Section 1-8.2 of Chapter 1 of the "Fire Prevention Code• in Volume 7 of the National Fire Codes is hereby amended to read as follows: The Fire Marshal or Building Official may require a building to be inspected for compliance with the National Fire Codes prior to the issuance of a certificate of occupancy. -2- , ..,, ~ ;;: ~ • r.. ·~ .. -... !_, ... '). .. . . ,, When, in the opinion of the Fire Marshal or Building Official, a building nust be so inspected by the Fire Marshal or his designated representative prior to issuance of an occupancy certificate, such buUc:U.ng shall not be occupied prior to such final inspection as the Fire Marshal or Building Official may deem necessary. Sec. 11-78-11-85. Reserved. • SB:TION 2. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor p.misbable by a fine not to exceed Ole !l.'bousand Dollars ($1,000.00) as provided in Section 11-72 of the Lubbock City Code. SB:TION 3. THAT should any section, paragraph, sentence, clause, ];ilrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected. SIOC!l'ION 4. mAT the City Secretary is authorized and directed to cause plblication of the descriptive caption of this Ordinance together with the penalty as an alternative method of p.Jblication as provided by law. AND r.r IS SO ORDERED. Passed bv the City Council on first reading this _2_5t_h __ day of September . 1986. Passedtbv the City Council on second reading this 7th day of -oc oter 1986• B. C. Jt::MINN, MAYOR Don stevens, Fire alief t APP.ROlED AS ro FORM: I, D?"'/2.u.A~. IY1 B>.vo.M._ )1 Laura J. , Assistant City li Attomey !I II ,, !i " 'i -3- R-24 COUNTY OF LUBBOCK , THE STATE OF TEXAS . I""' Before me G I end a Rasco a Notary Public in and for Lubbock Co nty. Texas on this day personally appeared Twi Ill Aufi II' Account Manaf!e r of the Southwestern Newspa- pers Corporation. publishers of the Lubbock Avalanche-Journal Morning. Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously _for more than fifty-two weeks prior to the rirst insertion of this _---zL:.;:e ... l!=-a.:....::.I--:;.N;;..;o"""t.;;;..1=c..;;;e _________ _ -------------No. 156180 at Lubbock County, Texas and the attached-print- ed copy of the Lei! a I Not 1 ce is a true copy of the original and was printed in the Lubbock Avalanche-Journalonthefollowingdates: October 9• 1Cu 1986 631 word$ • B2t = $517.42 A""""ount M•n•.,.e r _. -~~-· GtENi:>ARA.SCO 1 __ .a.s'-.J'-~a.tor..¥.1~--Lu!!u:.~ .. ~c:.:!:..:__ ________ o;:-, ~-. . . . . ll,-State {)f exas R · ~otary P11b£1C fn Mel for e 9 1983 LUBBOCK AVALANCHE-JOU NAL Mt ~'mm~ssioo f_xp1re'~ Nov .. · Southwestern Newspapers Corporation ~ Subscribed and sworn to before me this --16.1May of::~ .Q£t o be r · . 19~ ~. ~ ..... . . .. . ""'utl'IAM;If"NC);"" . AN ORDINANCE AM.eNOUoiO IO'!INTG ORDINANCE ,.N0.• 10M #!Nw . HI OFFICIAL MAP Ott 1tjS CITY OF LUBBOCK MAIC• lNG tHe f0LLOWINO ·atANC!S: ZONE CAS!! NO. mJ. . 8;. A$ ~ONING C:HANGE ·FROM · -#.». P&CII"IC: USE TO GO zQI'I> lNG. ON LOTS 18. t9 AND WEST I I'E.,T Cll "CT JO. SQUYEit PI.Ael AOOITION, 1-11880CI(, ; llkASI IUBJE'CT TO CONDI• .IONS; PROVIDING 4 PE'NAI,.i TV; PROVIDING A SAVINGS C:LAUSI! AND PROVIDING FOA PUIII.Ic:ATION. ' ·. ' . · ORDINANCE' NO. 191t AN ORDINANCE' .AMI!NOINO ZONING OROINAN¢~ NO. 70a4 ANO fHI OftftiCIA. 1... ·MAP Oil 'ftll! tll'Y 01' Lllll$!)t~ MAl(• I NG Tkt FOL_ L.OWINO ~HANGE'S: lOIII& CASEfJ ~.A_l A}O_ PUNG CHAHQ .ROM . .AM SrECII"IC USE tO · ZOH• 1NG, LIMITED TO ·A. IIII!SIDE .... · -'I'IAL CARE! I'ACII.ITY ON LOTS t AffO I, .liM P'-O'tD ADOI'I'IOtt, LU880CI( Tl!lCA!l: SU8J~~T TO CONOITIONSr PROV.IOING A r:cr.A.r,t;; f'ROVIDING. ·.". $AV• POR ,'Ui .. ~a~2. ,ltOYJDtNO