Ordinance 1992-03
ORDINANCE NO.
9;1-,_3
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING THE UNIFORM
FIRE CODE (1991 EDITION) AND UNIFORM FIRE CODE STANDARDS (1991
EDITION), PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS
TO LIFE AND PROPERTY FROM FIRE, HAZARDOUS MATERIALS OR EXPLOSION,
PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES AND
OPERATIONS; ESTABLISHING A BUREAU OF FIRE PREVENTION AND
PROVIDING OFFICERS THEREFORE AND DEFINING THEIR POWERS AND
DUTIES; ESTABLISHING LIMITS OF VARIOUS FIRE DISTRICTS; WORKING
CERTAIN AMENDMENTS TO THE UNIFORM CODE; PROVIDING FOR APPEALS
FROM ADMINISTRATIVE DECISIONS; REQUIRING PERMITS FOR CERTAIN
MATERIALS; PROVIDING FOR A PENALTY FOR THE VIOLATION THEREOF;
PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City has heretofore adopted previous versions
of the Uniform Fire Code (UFC) most recently by Ordinance Nos.
81-15 and 88-33 portions of which being currently in effect,
with the last such UFC being the 1988 Edition which is currently
in effect in the City of Wylie; and,
..
WHEREAS, there has now been promulgated the 1991 version of
the UFC, which contains extensive changes and editing; and,
WHEREAS, City Staff has reviewed the 1991 Edition of the UFC
and related UFC Standards, and recommends passage of the same
with certain modification and amendments as hereinafter set
forth;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
Section 1. ADOPTION OF UNIFORM FIRE CODE
There is hereby adopted by the City Council of the City of Wylie,
Texas for the purpose of prescribing regulations governing
conditions hazardous to life and property from fire, hazardous
materials or explosion, that certain Code and Standards know as
the Uniform Fire Code, including Appendix Chapters I-A, I-B, I-C,
II-A, II-B, II-C, II-D, II-E, II-F, III-A, III-B, III-C, III-D,
IV-A, IV-B, V-A, VI-A, VI-B VI-C, VI-D, VI-E, VI-F and the
Uniform Fire Code Standards published by the Western Fire Chiefs
Association and the International Conference of Building
Officials, being particularly the 1991 editions thereof and the
whole thereof, save and except such portions as are hereinafter
deleted, modified or amended by Section 7 of this ordinance three
(3) copies of which Code and Standards have been and are now
filed in the office of the City Secretary and the sam are hereby
adopted and incorporated as fully as if set out at length herein,
and from the date on which this ordinance shall take effect, the
provision thereof shall be ,controlling within the limits of the
City of Wylie, Texas.
Section 2. ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE PREVENTION
(A) The Uniform Fire Code shall be enforced by the bureau of fire
prevention in the fire department of the City of Wylie, Texas
which is hereby established and which shall be operated under the
supervision of the chief of the fire department.
(B) The chief of the fire department shall recommend to the City
Manager the employment of technical inspectors, who, when such
authorization is made, shall be selected through an examination
to determine their fitness for the position. The examination
shall be open to members and nonmembers of the fire department,
and appointments made after examination shall be for an
indefinite term.
Section 3.
DEFINITIONS
Wherever the word "jurisdiction" is used in the Uniform Fire
Code, it shall mean the corporate limits of the City of Wylie,
Texas, its extra territorial jurisdiction and the area within the
specified fire districts.
Section 4.
ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE
OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE
ABOVEGROUND TANKS IS PROHIBITED
The limits referred
Uniform Fire Code
combustible liquids
f 0 II 0 ws :
to
in
is
in Sections
which the
restricted
79.501 and 79.1001 of
storage of flammable
are hereby established
the
or
as
(1) the primary fire limits are as follows:
Beginning at the centerline of the alley between Ballard
Street and Jackson Street on the Gulf, Colorado, and Santa Fe
Railway right-of-way;
Thence north to the centerline of Jefferson Street;
Thence east .to the centerline of
Street and First Street;
the
alle~ between Ballard
Thence south to the north right-of-way of the
and Santa Fe Railway Co;
Gulf, Colorado
Thence in a south,
beginning.
southwest
direction to the the point of
(2) The secondary fire limits are as follows:
Beginning at the intersection of the center lines of Butler
and Jackson Streets;
Thence north to the centerline of Brown Street;
Thence east to the centerline of First Street
Thence south to the centerline of Butler Street;
Thence west to the point of beginning.
All dimensions are along the centerlines of described streets
and the above described primary fire limits is excluded from
the secondary fire limits.
(3) All as indicated
attached hereto as
reference.
on the Wylie Fire District Map which is
Exhibit A and fully incorporated herein by
Section 5.
ESTABLISHMENTS OF LIMITS IN WHICH STORAGE OF
LIQUEFIED PETROLEUM GASES IS TO BE RESTRICTED.
The limits referred to in Section 82.104 (a) of the Uniform Fire
Code, in which storage of liquefied petroleum gas is restricted,
are hereby established as all areas in jurisdiction except those
currently or hereafter zoned Industrial.
Section 6.
ESTABLISHMENTS OF LIMITS OF DISTRICTS
STORAGE OF EXPLOSIVES AND BLASTING AGENTS
PROHIBITED
IN
IS
WHICH
TO BE
The limits referred to in Section 77.106 of the Uniform Fire
Code, in which storage of explosives and blasting agents is
prohibited, are hereby established as all areas in jurisdiction
except those currently or hereafter zoned Industrial.
Section 7.
AMENDMENTS MADE IN THE UNIFORM FIRE CODE
The Uniform Fire Code
respects:
is amended
and changed
in the following
Section 82.104, is amended by addition of the following
additional subsection:
(e) LP gas containers in residential zoning districts and
for residential uses are limited in size to 25 gallons water
capacity.
SECTION 8.
APPEALS
Whenever the chief disapproves an application or refuses to grant
a permit applied for, or when it is claimed that the provisions
of the code do not apply or that the true intent and meaning of
the code have been misconstrued or wrongly interpreted, the
applicant may appeal from the decision of the chief to Board of
Appeals (established under Section 2.303 of the UFC) within 30
days from the date of the decision appealed.
SECTION 9.
NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY
REQUIRE PERMITS.
The City Manager, the chief and the chief of the bureau of fire
prevention shall act as a committee to determine and specify,
after giving affected persons an opportunity to be heard, any new
materials, processes or occupancies for which permits are
required in addition to those now enumerated in said code. The
chief of the bureau of fire prevention shall post such list in a
conspicuous place at the bureau of fire prevention and distribute
copies thereof to interested persons.
SECTION 10.
PENALTIES
Any person who shall violate any of the provisions of this
section hereby adopted or fail to comply therewith, or who shall
violate or fail to comply with any order made thereunder, or who
shall build in violation of any detailed statement of
specifications or plans submitted and approved thereunder, or any
certificate or permit issued thereunder, and from which no appeal
has been taken, or who shall fail to comply with such an order as
affirmed or modified by the board of appeals or by a court of
competent jurisdiction, within the time fixed herein, shall
severally for each and every such violation and noncompliance
respectively, be guilty of a misdemeanor. The imposition of one
(1) penalty for any violation shall not excuse the violation or
permit it to continue; and all such persons shall be required to
correct or remedy such violations or defects within a reasonable
time, and when not otherwise specified, each day that prohibited
conditions are maintained shall constitute a separate offense.
SECTION 11
REPEAL OF CONFLICTING ORDINANCES
All former ordinances or parts thereof conflicting or
inconsistent with the provisions of this ordinance, specifically
including without limitation Ordinances 81-15 and 88-33, or of
the Code or Standards hereby adopted are hereby repealed.
SECTION 12 SEVERABILITY
Should any paragraph, sentence, sub-diviSion, clause, phrase or
section of this ordinance be adjudged or held to be
unconstitutional, illegal or invalid the same shall not affect
the validity of this ordinance as a whole or any part or
provision thereof, other than the part so declared to be invalid,
illegal, or unconstitutional.
SECTION 13 EFFECTIVE DATE
This ordinance shall take effect immediately from and after its
passage and the publication of the caption as the law and the
City Charter provide in such cases.
DULY PASSED AND APPROVED by the City Council of the City of
Wylie, Texas, this ~ day of January, 1992.
City of Wylie, Texas
APPROVED:
BY
/ /\ .'
!f...-;~/ ty----.
, i v?l.0) '- . ~-
hn Akin, Mayor
ATTEST:
/'1 /
~/
Carol~a-~ones,
r
~~u'
. . ~. .
CitJy ecretary
..
APPROVED AS TO FORM:
Steven P. Deiter, City Attorney