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Ordinance 1981-15 ORDINANCE NO. 81-15 AN ORDINANCE ADOPTING A UNIFORM FIRE CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFORE AND DEFINING THEIR POWERS AND DUTIES, ESTABLISHING LIMITS OF VARIOUS FIRE DISTRICTS, PROVIDING FOR AMENDMENTS TO THE FIRE CODE, PROVIDING FOR APPEALS FROM ADMINISTRATIVE DECISIONS, REQUIRING PERMITS FOR CERTAIN MATERIALS, PROCESSES OR OCCUPANCIES, PROVIDING PENALTIES FOR VIOLATION~ REPEALING CONFLICTING ORDINANCES, CONTAINING A SAVINGS CLAUSE AND PKOVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. ADOPTION OF UNIFORM FIRE CODE. There is hereby adopted by the City Council of the City of Wylie, Texas for the pur- pose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Uniform Fire Code recommended by the Western Fire Chiefs Association and the International Conference of Building Officials being particularly the 1979 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended by Section 7 of this ordinance of which code, a copy of which has been filed in the office of the City Secretary, and the same is hereby adopted and incor- porated 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. Permits required by various articles of the Uniform Fire Code shall be issued by the Fire Marshal or his designee. Permit fees, when adopted, shall be collected by the City Cashier or an employee of that office. The Fire Marshal shall specify the duration of each permit, but no permit shall be valid for more than one year. All licenses granted shall be valid for one year. 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 which is hereby established and which shall be operated under the supervision of the chief of the fire department. (b) The fire marshal in charge of the bureau of fire prevention shall be appointed by the City Manager. SECTION 3. DEFINITIONS. (a) Wherever the word IIjurisdictionll is used in the Uniform Fire Code, it shall be held to mean the area withing the cor- porate limits of the City of Wylie, Texas; or the area within the specified fire district; or within the Area of Extraterri- torial Area of Jurisdiction of the City of Wylie, Texas as pro- vided by State Law. (b) Wherever the term IICorporation Counselll is used in the Uniform Fire Code, it shall be held to mean the attorney for the City of Wylie, Texas. 1 (c) Wherever the words IIChief of the Bureau of Fire Pre- ventionll are used, they shall be held to mean IIFire Marshal II. SECTION 4. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVEGROUND TANKS IS TO BE PROHIBITED. (a) The limits referred to in Section 79.201 of the Uniform Fire Code in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited, are hereby estab- lished as follows: (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 the alley between Ballard Street and First Street; THENCE South to the North right of way of the Gulf, Colorado and Santa Fe Railway Co.; THENCE in a South, Southwest direction to the point of beginning. (2) The Secondary Fire Limits are as follows: BEGINNING at the intersection of the centerlines 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) The Fire Limits map is attached hereto and is made a part of this ordinance. (b) The limits referred to in Section 79.601 of the Uniform Fire Code, in which new bulk plants for flammable or combustible liquids are prohibited, are hereby established as follows: All zoning districts except those areas which are now, or which may hereafter be zoned industrial. SECTION 5. ESTABLISHMENTS OF LIMITS IN WHICH BULK STORAGE OF LIQUEFIED PETROLEUM GASES IS TO BE RESTRICTED. The limits referred to in Section 82.105 (a) of the Uniform Fire Code, in which bulk storage of liquefied petroleum gas is restricted, are hereby established as follows: All zoning districts except those areas which are now, or which may hereafter be zoned industrial. SECTION 6. ESTABLISHMENTS OF LIMITS OF DISTRICT IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS TO BE PROHIBITED. The limits referred to in Section77.106 (b) of the Uniform Fire Code, in which storage of explosives and blasting agents is prohibited, are hereby established as follows: 2 All zoning districts except those area which are now, or which may hereafter be zoned industrial. SECTION 7. APPEALS. Whenever the chief shall disapprove an application or refuse 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 the Board of Appeals within 30 days from the date of the decision appealed. SECTION 8. NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS. The City Manager, the chief and the chief of the bureau of the 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, which shall require permits, 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 in his office, and distribute copies thereof to interested persons. SECTION 9. PENALTIES. (a) Any person who shall violate any of the provisions of this code 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, punishable by a fine of not less than $50.00 nor more than $200.00. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense. (b) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. SECTION 10. REPEAL OF CONFLICTING ORDINANCES. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or of the code hereby adopted are hereby repealed. SECTION 11. VALIDITY. Should any section, paragraph, sentence or work of this ordinance or of the code hereby adopted be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. 3 -~.,--.~.._---...,-~~..~--_.._-~-----,"_--""~' SECTION 12. DATE OF EFFECT. This ordinance shall take effect and be in force from and after February 1, 1982. 8+11 DAY OF ,~ PASSED AND APPROVED ON THIS, THE u~C'_e fYI b ~ v- , A.D. 1981. ATTEST: 4 .~_."-"---~----_._..~..._"'-_._-".._.__.,,.........~~--------- - . ~ . ' ~ G e G ~ ~ j . ~ ; ~ t~ _ ' G J ~R~ _ ~ JEiFEASON ST. _ ~ n ~ LEGEND _ ~ _ r~~ ~ ~ OFF STREET PARKIN6 MAqBLE ST. ~ , sioew~~Ks - . ;s; , s - . ? ~ ~ ~ - Primary Limits : E , ii ~ - Secondary Limits . r OAK 5T. ~ ~ I ~ ~ / I _ ' ` ~ L~~ I O I ~ ~ . ~ i ~ i i i . ~0~ ~s _ 1,~~ C _-a : . ~ o too ~00 ~00 Ioo' ~ ~ BUTLER ST. ~ ~ o~ oa a~ ~ CENTRAL BUSINESS DISTRICT PLAN WYLIE, TEXAS F I RE D I STR I CTS J. T. DUNKIN d ASSOCIATES • URBAN OLANNERS UNOSCAPE ARCHITECT$ GARLP.ND, TEXAS I THE WYLIE NEWS # P• O. BOX 369 WYLIE, TEXAS 75098 STATE OF TEXAS ~ COUNTY OF COLLIN ~ Before me, the under~signed authority, on this day personally appeared Margaret Cook, of the Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn deposes and says that the forgoing attached ~rd;nanc~P N~. 81-15 was published in said newspaper on the following dates, to wit: December 17 _~19~~ and 1981 • Y / ~ ~ L L4 ~ ,j t ~~b~/~- , ~ Subscribed and sw.orn to before me this the ~S day of '~~j'~_' , , to certify which witness my hand and seal~f office. , ~l l~ ,~'Z - Notary Public in and for Collin County, Texas Serving Wideawake tiVylie Since 1947 ,1-~?~ THE ii~YI~EIV~~S L~, - Thursd~y, ~3ecem6cr 1~'~; f98i ' ~ i ' QRDINANCE NQ, 81.;~ An ' ordi~iance adopring a uniform fire code prescribing regulations goveFning condi- tions hazardous to life and property from Fire or . expiosion, establishing a bureau of fire prevention and providing o~cers therefore and defining their powers and c~.Utigs,, estahlishing lirraits of various firs districts, pr.oviding fa~ am~h~latiertts to the fire `eode, providih~ for appeals, fcortt ad~ittistrative de~isions;, r~quiring p~~~its for cert~~~i , nrateriais, . pro- cesses or accttpanies,"prt~vid:. ing per,~alties-` for. violapons, repeating` conflictiag o~din- ances, containing" a savings clause and providing an effective date. assed and approved on this, . he 8th day of December, 98}. John W. ,~in ~'TEST: - Mayor ail V~+'allace ity Secretary 26-1t-c ~