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Home My WebLink AboutOrdinance No. 90-36 ORDINANCE N0. 90-36 AN ORDINANCE AMENDING THE FRIENDSWOOD CITY CODE BY STRIKING ALL OF SECTIONS 7-4 (OUTDOOR BURNING) , 7-5 (SUPERVISING PERMITTED FIRES) , 7-6 (EXCEPTIONS TO PROHIBITED FIRES) , 7-9 (MODIFICATION OF TERMS OF FIRE CODE BY FIRE MARSHAL) , AND 7-10 (APPEALS) OF ARTICLE I OF CHAPTER 7, BY STRIKING ALL OF SECTION 7-7 OF ARTICLE I OF CHAPTER 7 AND SUBSTITUTING THEREFOR A NEW SECTION 7-7, AND BY STRIKING SUBSECTION (a) OF SECTION 7-12 OF ARTICLE I OF CHAPTER 7 AND SUBSTITUTING THEREFOR A NEW SUBSECTION (a) ; PROVIDING FOR THE ADOPTION OF THE 1988 EDITION OF THE STANDARD FIRE PREVENTION CODE, THE 1990 EDITION OF NFPA 407 STANDARD FOR AIRCRAFT FUEL SERVICING, THE 1989 EDITION OF NFPA 408 STANDARD FOR AIRCRAFT HANB FIRE EXTINGUISHERS, THE 1990 EDITION OF NFPA 409 STANDARD FOR AIRCRAFT HANGARS, THE 1989 EDITION OF NFPA 410 STANDARD ON AIRCRAFT MAINTENANCE, THE 1987 EDITION OF NFPA 415 STANDARD ON AIRCRAFT FUELING RAMP DRAINAGE, THE 1987 EDITION OF NFPA 416 STANDARD ON CONSTRUCTION AND PROTECTION OF AIRPORT TERMINAL BUILDINGS , THE 1990 EDITION OF NFPA 417 STANDARD ON CONSTRUCTION AND PROTECTION OF AIRPORT LOADING WALKWAYS, THE 1990 EDITION OF NFPA 418 STANDARD ON ROOF-TOP HELIPORT CONSTRUCTION AND PROTECTION, AND THE 1989 EDITION OF NFPA 423 STANDARD FOR CONSTRUCTION AND PROTECTION OF AIRCRAFT ENGINE TES� FACILITIES ; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION OF ARTICLE I OF CHAPTER 7 OR OF ANY CODE ADOPTED THEREBY; AND PROVIDING FOR SEVERABILITY. � � � � � BE IT OIRDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS : Section 1 . The Friendswood City Code is hereby amended by strik�ng all of Section 7-4 of Article I of Chapter 7, which Section 7-4 provides as follows : [Sec. 7-4. Outdoor fires - Fire marshal may prohibit. The fire marshal may prohibit bonfires and any other intentional fires when wind or atmospheric conditions or other circumstances makes such fires hazardous. ] Section 2. The Friendswood City Code is hereby amended by striking all of Section 7-5 of Article I of Chapter 7, which Section 7-S provides as follows : [Sec . 7-S. Same - Supervising of permitted fires . No person shall maintain or cause to maintained any permitted fire under 8ections 7-2 and 7-3 without adequate safeguards to extinguish or control such fire whether such safeguards be mechanical devices , incinerators or human supervision. ] Section 3. The Friendswood City Code is hereby amendea by striking all of Section 7-6 of Article I of Chapter 7, which Section 7-6 provides as follows : [Sec. 7-6. Same - Exceptions . The provisions of Sections 7-2 through 7-5 do not apply to fireplaces in homes , nor to barbecue pits , permanent or portable, �ahen used for cookin� purposes and not as burning receptacles for trash, grass , lumber, leaves or like materials . ] Section 4. The Friendswood City Code is hereby amended by striking all of Section 7-9 of Article I of Chapter 7, which Section 7-9 provides as follows : [Sec. 7-9. Same - Modifications . The fire marshal shall have power to modify any of the provisions of the Standard Fire Prevention Code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the fire marshal thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. ] -2- Section 5. The Friendswood City Code is hereby amended by striking all of Section 7-10 of Article I of Chapter 7, which Section 7-10 provides as follows : [Sec . 7-10. Same - Appeals . Whenever the fire marshal shall �isapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the fire prevention code do not apply or that the true intent and meaning of said code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the fire marshal to the city council within thirty (30) days from the date of the decision appealed. ] Section 6. The Friendswood City Code is hereby amended by striking all of Section 7-7 of Article I of Chapter 7, which Section 7-7 provides as £ollows : [Sec. 7-7. Standard Fire Prevention Code - A�opted other standards relating to fire prevention. The following codes and standards relating to fire prevention, copies of which are attached hereto and made a part hereof for all purposes , and authentic copies of which have been filed with the city secretary, are hereby adopted and incorporated herein as if set forth verbatim: (a) 1985 Edition of the Standard Fire Prevention Code, including appendices , as published by the Southern Building Code Congress International, Inc . , save and except Sections 1 . 05 and 402. 1 , and Chapter 30 thereof; (b) 1985 Edition of "NFPA 407 Standard for Aircraft Fuel Servicing," as published by the National Fire Protection Association; (c) 1984 Edition of "NFPA 408 Standard for Aircraft Hand Fire Extinguishers ," as published by the National Fire Protection Association; -3- (d) 1985 Edition of "NFPA 409 Standard for Aircraft Hangars ," as published by the National Fire Protection Association; (e) 1980 Edition of "NFPA 410 Standard on Aircraft Maintenance," as published by the National Fire Protection Association; (f) 19$3 Edition of "NFPA 415 Standar� on Aircraft Fueling Ramp Drainage, " as published by the National Fire Protection Association; (g) 1983 Edition of "NFPA 416 Standard on Construction and Protection of Airport Terminal Buildings ," as published by the National Fire Protection Association; (h) 1985 Edition of "NFPA 417 Standard on Construction and Protection of Airport Loading �aalkways ," as published by the National Fire Protection Association; (i) 1979 Edition of "NFPA 418 Standard on Roof-top Heliport Construction and Protection," as published by the National Fire Protection Association; (j ) 1983 Edition of "NFPA 423 Standard for Construction and Protection of Aircraft Engine Test Faciliti_es," as published by the National Fire Protection Association; and substituting therefor a new Section 7-7 to provide as follows : "(a) 1988 Edition of the Standard Fire Prevention Co e, inc u in a en ices , as ublishe b t e out ern ui ing o e ongress ' nt�ional , lnc. , save and exce t ection , an apter t ereo ; "(b) 1990 Edition of 'NFPA 407 Standard for Aircra t Fue Servicin , as pu is e y t–i�National Fire rotection Association; "(c) 1989 Edition of 'NFPA 408 Standard for ircra t an ire xtznguis ers, as pubTris Z�ed—��ie l�ational—�'ire ro�tion ssociation; -4- "(d) 1990 Edition of 'NFPA 409 Standard for ircra t an ars , as u is e y t e ationa ire rotection ssoczation; "(e) 1989 Edition of 'NFPA 410 Standard on Aircra t Maintenance, as ublishe b the ationa ire Protection ssociation; "(f) 1987 Edition of 'NFPA 415 Standard on ircra t ue in amp rainage, as pu�lis-�d �y t�ional ire rotection Association; "(g) 1987 Edition of 'NFPA 416 Standard on Construction an Protection o Air ort Termina Buil ings , as pu s e y t e 1 a ional�i e r� otectio�ssociation; "(h) 1990 Edition of 'NFPA 417 Standard on Construction an Protection o ir ort Loa in Wa wa s , as u is e y t e � ationa ire rotection ssociation; "(i) 1990 Edition of 'NFPA 418 Standard on 00 -top e iport onstruction an Protection, as pu is ed—�� al�tional �ire rotection ssociation; "(j ) 1989 Edition of '1�TFPA 423 Standard for Construction an Protection o Aircra t En�ine Test Faci ities , as pu is e y t e National ire rotection �iation'-- Section 7. The Friendswood City Code is hereby amended by striking all of Subsection (a) of Section 7-12 of Article I of Chapter 7 which provides as follows : [ (a) Any person, firm, corporation or agent who shall violate or cause to be violated any provision of the Standard Fire Prevention Code, or who shall fail to comply therewith or with any of the requirements thereof, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed one thousand dollars ($1 ,000) . Each such person, firm, corporation or agent shall be deemed guilty of a separate offense for each day during which any violation of any of the provisions of this Ordinance is committed or continued. ] -5- and substituting therefor a new Subsection (a) to provide as follows : "(a) Any person, firm, corporation or agent who sha 1 violate or cause to be violated any provision o t is rtic e or any co e a opte ere y, or w o s a ai to comp y t erewit or wit an o t�irements t ereo , s�l��e eeme gui ty o a mis emeanor an , upon conviction t ereo , s all '�fined in an amount not to excee two t ousan o ars , ac suc erson, irm, cor oration or a ent s a e eeme ui ty o a se arate o ense or eac a urin w ic any vio ation o any o t e rovisions o t is rtic e or o an co e a opte ere y is committe or continue . Section 8. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional ; and the City Council of the City of Friendswood, Texas , d�eclares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional , or whether there be one or more parts. PASSED AND APPROVED on first reading this 17th ciay of December , 1990. PASSED, APPROVED, AND ADOPTED on second and final reading this 7th day of January , 199 �. -6- W. c r er ayor ATTEST: . � Deloris Archer, C City Secretary -7-