HomeMy WebLinkAboutOrdinance - 5422-1968 - Amending Chapter 12 Of Code Of Ordinances Art. VII Titled "Fire Prevention Code" - 02/22/1968_)
KJ•EW
ORDINANCE NO. 5422
AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES
OF THE CITY OF LUBBOCK .. TEXAS, ENTITLED ''FIRE PROTECTION1
~ BY ADD
ING THERETO ARTICLE VII ENTITLED 'FIRE PREVENTION CODE'-1 WHICH PRO
IDES FOR THE ADOPTION OF THE 1965 EDITION OF THE FIRE PREVENTION
CODE AS RECOMMENDED BY THEIAMERICAN INSURANCE ASSOCIATION; PRO
VIDING FOR CERTAIN AMENDMENTS THERETO; DEFINING CERTAIN TERMS
USED IN THE FIRE PREVENTION CODE AS ADOPTED; PROVIDING THAT THE
IRE MARSHAL SHALL ONLY HAVE AUTHORITY OF DETERMI~G COMPLI-
NCE WITH THE RULES AND STANDARDS ESTABLISHED BY S°J"CH CODE; PRO
IDING A PENALTY; PROVIDING A SAVINGS CLAUS:E AND PROVIDING FOR
UBLICATION.
WHEREAS, the City Council of the City of Lubbock finds that a need exists for
egulations and safety measures to protect the citizens of the City of Lubbock, and
heir property, from loss due to fires, and
WHEREAS., the City Council finds that the 1965 Edition of the Fire Prevention
ode as recommended by the American Insurance Association, with certain amend
ents thereto, should be adopted for the protection of the citizens of the City of
ubbock; NOW THEREFORE
E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Chapter 12 of the Code of Ordinances of the City of
ubbock, Texas BE and is hereby amended by adding thereto Article VII entitled
"Fire Prevention Code11 to read as follows:
ARTICLE VII ... FIRE PREVENTION CODE
SECTION 12--82. Fire Prevention Code -Adopted.
The 1965 Edition of the Fire Prevention Code as recommended by the
American Insurance Association, pages 1 through 233 and as hereinafter
amended, is specifically adopted as the Fire Prevention Code of the City
of Lubbock, Texas. and a copy is attached hereto and incorporated here-
in by reference as theugh set out completely in detail. A copy of said
Fire Prevention Code shall be filed with the City Secretary and a copy
maintained in the office of the Fire Marshal of the City of LubbockJ Texa ,,
and all such copies shall be open to public inspection during business
hours of the offices where they are situated, with the following amend-
ments thereto; as shown :in the Section below:
SECTION 12-83. Fire Prevention Code -Amendments.
(a) Section 3.4 of the Fire Prevention Code, 1965 Edition, is hereby
deleted.
(b) Section 7.4 of the Fire Prevention Code,, 1965 Edition is hereby
deleted.
(c) Sub-section (3) of 11b 11 of Section 12.1 of the Fire Prevent~on Code,
1965 Edition, is 'hereby deleted. '''
(d) Article 13 of the Fire Prevention Code, 1965 Edition, is hereby
deleted.
(e} Section 16.1014, sub-section 11a" of the Fire Prevention Code, 1965
Edition, shall hereafter read as follows:
11a. Smoking by tank vehicle drivers, helpers, repairmen, or
personnel is prohibited while they are making deliveries, filling,
or making any repairs to tank vehicles."
(f) Article 21 of the Fire Prevention Code, 1965 Edition, is hereby
deleted.
(g) Section 28.1 of the Fire Prevention Code, 1965 Edition. is hereby
deleted.
(h) Section 20.1 of the Fire Prevention Code, 1965 Edition, shall here-
after read as follows:
"No tent covering an area in excess of 120 square feet shall be
erected, maintained, operated or used without a permit which shal
be issued by the City Council upon its satisfaction as to safety
requirements and consideration of an investigation by the Fire
Marshal.
SECTION 12-84. Definitions.
a. The term 11Chief of the Bureau of Fire Prevention II as used in the
Fire Prevention Code., 1965 Edition., shall mean the Fire Marshal of
the City of Lubbock., Texas.
b. The term 'Bureau of Fire Prevention" as used in the Fire Preventio
Code., 1965 Edition., shall mean the office of the Fire Marshal of the
City of Lubbock., Texas.
c. The term 'torporation Counsel'' as used in the Fire Prevention Code.
1965 Edition, shall mean the City Attorney of the City of Lubbock,
Texas.
SECTION 12 .. 85. Authority of Fire Marshal.
Whenever in the Fire Prevention Code, 1965 Edition, as adopted., 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 office
only the discretion of determining whether the rules and standards estab-
lished by this code have been complied with; and no such provision shall
be construed as giving any officer discretionary powers as to what such
.. 2 -
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.
SECTION 12-86. Penalty.
Any person violating, or failing to comply with, any provision of the Fir
Prevention Code, 1965 Edition, as adopted shall be deemed guilty of a
misdemeanor and, upon conviction thereof, shall be fined an amount not
exceeding Two Hundred ($200. 00} Dollars.
SECTION 2. Should any section, paragraph, sentence, clause, phrase or
ord of this Ordinance be declared unconstitutional or invalid for any purpose, the
emainder of this Ordinance shall not be effected thereby.
SECTION 3. The City Secretary is hereby authorized and directed to cause
ublication of the descriptive caption of this Ordinance, together with the penalty
revision as an alternative method of publication as provided by law.
AND IT IS SO ORDERED.
assed by the Council on first reading this 22nd day of ___.F..i;ei,,Wb~ru-ar..,y,__ ____ ....,, 1968
assed by the Council on second reading this 14th day of _ _.Ma_,.r.,l,c.,...h ......... __ __,, 1968
- 3 -