Ord. 0857 07-27-98ORDINANCE NO. 857
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING CHAPTER 10, FIRE PREVENTION AND
PROTECTION, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS
IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED; PROVIDING A
PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE; AND
DECLARING AN EMERGENCY BECAUSE THE NEED TO PROTECT THE
CITIZENRY FROM FIRE HAZARDS INURES TO THE BENEFIT OF THE
PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH,
SAFETY AND WELFARE OF THE CITIZENRY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Section 10-1, Arson Reward - Established, of Chapter 10,
Fire Prevention and Protection, of the City of Pearland Code of Ordinances, is hereby
amended to read as follows:
"The mayor is hereby empowered to offer a reward of One Thousand
Dollars ($1,000.00), payable to the person or persons who shall be responsible
for the arrest and conviction of any person committing the crime of arson in the
city as the same is now defined by the penal code of the state."
Section 2. That Section 10-23, Duty to Investigate Fires, of Chapter 10,
Fire Prevention and Protection, of the City of Pearland Code of Ordinances, is hereby
amended to read as follows:
"The fire marshal shall investigate the cause, origin and circumstances
of every major and/or suspicious fire occurring within this city, and every fire
in which a serious fire related injury or fatality has occurred, and every fire in
which there has been a major Toss of property or in which property has been
severely damaged within this city, and shall especially make investigation as to
whether such fire was intentional or the result of carelessness or design. Such
investigation shall begin as soon as practical after the occurrence of such fire."
Section 3. That Section 10-30; Inspection of Premises, of Chapter 10,
Fire Prevention and Protection, of the City of Pearland Code of Ordinances, is hereby
amended to read as follows:
ORDINANCE NO. 857
"The fire marshal having probable cause, or upon complaint of any
person having interest in any building or property adjacent and without any
complaint, shall have the right at all times, for the purpose of examination, to
enter into and upon all buildings and premises within the city. It shall be his
duty, monthly or more often, to enter upon and make or cause to be entered
and made, a thorough examination of all mercantile, manufacturing and public
buildings, together with the premises belonging thereto."
Section 4. That Section 10-31, Correction of Dangerous Conditions, of
Chapter 10, Fire Prevention and Protection, of the City of Pearland Code of
Ordinances, is hereby amended to read as follows:
"Whenever the fire marshal shall find any building or other structure
which, for want of repair, or by reason of age or dilapidated and unsafe
condition, or for any cause is especially liable to fire, and which is so situated
as to endanger other buildings or property, or so occupied that fire would
endanger persons or property therein, and whenever the fire marshal shall find
an improper or dangerous arrangement of any of the following:
(a) any kind of heat producing devices whatsoever, or
(b) any electrical or electronic devices or systems, or
(c) dangerous or unlawful storage of explosives, compounds,
flammable liquids, combustible materials, hazardous materials, or
(d) any other condition(s) which may be dangerous in character or
liable to cause or promote fire or create conditions dangerous to
the firefighters, occupants, or neighbors,
the fire marshal shall immediately order the same to be remedied by code
compliance or demolished and removed from site, and such order shall
be complied with by the owner or occupant of the building or premises
in the time specified by the fire marshal; provided, however, that if the
owner or occupant deems himself aggrieved by such order, he may,
within five (5) days, appeal to the city manager, who shall investigate
the cause of the complaint and unless by his authority the order is
revoked within fourteen (14) days, such order shall remain in force and
be forthwith complied with by the owner or occupant.
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ORDINANCE NO. 857
All conditions described above are hereby declared to be a common and public
nuisance, constituting a fire hazard and posing an immediate threat to the
community within the city and within the area immediately adjacent and
contiguous to the city limits extending for a total of five thousand (5000) feet."
Section 5. That Section 10-34, Monthly Report, of Chapter 10,
Fire Prevention and Protection, of the City of Pearland Code of Ordinances, is hereby
amended to read as follows:
"At the beginning of each month, the fire marshal shall report to the
city manager and city council, each fire or related incident that has occurred in
the city during the previous month."
Section 6. That Section 10-46, Adopted, of Chapter 10, Fire Prevention and
Protection, of the City of Pearland Code of Ordinances, is hereby amended to read as
follows:
" There is hereby adopted the 'City of Pearland Fire Code,' which shall
consist of the following:
(1) Standard Fire Prevention Code, 1997 edition, recommended and
published by the Southern Building Code Congress International,
Inc., containing revisions, and exceptions as noted in (a) below;
(a) Exceptions: CHAPTER 5, GENERAL PRECAUTIONS
AGAINST FIRE, Section 501 "OPEN BURNING AND
INCINERATORS", 501.1.1, 501.1.2, 501.1.3and 501.1.4
shall read as follows:
501.1.1 No person shall kindle or maintain any bonfire;-ef
rubbish firc or authorize any such fire to be kindled or
maintained without having obtained a permit or other
proper authorization from the appropriate official.
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ORDINANCE NO. 857
ft (16.2 m) of any structuro, or tho firo is containod in an
..�_ v so la . r l000t,.,.l ofol of lc ,. thon 1 5 ft
u'j�F.ry v.. .0 ', ,
41.6 m) from any struoturc.
501.1.2 No person shall kindle or maintain any open fire
of brush and vegetation or debris and rubbish that has
accumulated or authorize any such fire(s) to be kindled or
maintained within the city and within the area immediately
adjacent and contiguous to the city limits extending for a
distance outside of the city limits for a total of
five thousand feet (5000'). Such open fire(s) in these
specified areas are hereby declared to be a common and
public nuisance.
501.1.3 Permitted bonfires
and campfires, religious and/or ceremonial fires trench -burn
fires or other permitted fires not specified herein shall be
constantly attended by a competent person or persons until
such fire is extinguished. All fires described herein shall not
be kindled or maintained within 100 ft of any structure
(unless approved by the fire official) and adequate
provisions must be made to prevent such fires from
spreading. Sufficiently pressurized
and charged garden water supply hese lines or line
connected to the a sufficient water supply, or other
sufficient fire extinguishing equipment must be readily
available for use extinguishing all fires described herein
except trench -burn fires. Heavy equipment must be readil
available to fill in trenches at trench -burn sites. TNRCC
rules for outdoor burning shall apply to all permitted fires.
501.1.4 The fire official may prohibit any or all bonfires
and outdoor rubbish fires, or order the immediate
extin uishment of an and all eatdeef fires when
atmospheric conditions or local circumstances make such
fires hazardous or the smoke and ash from such fire(s)
becomes a common and public nuisance.
(2) NFPA 101, Life Safety Code Handbook, 1997 edition, and 1997
edition of NFPA 1 (National Fire Code) for any items not covered
under the SBCCI Standard Fire Prevention Code, adopted by the
National Fire Prevention Association and approved by the
American National Standards Institute, with revisions, and
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ORDINANCE NO. 857
deleting exceptions in NFPA 101 under 16-3.5.2 & 18-3.5.2,
which said publications are hereby incorporated herein and made
a part hereof for all intents and purposes, and a copy of which are
filed of record in the office of the city secretary.
In case of conflicting provisions between the adopted codes, the
most stringent provisions shall control and be primary authority of
the "City of Pearland Fire Code." However, if in the opinion of
the fire marshal, no threat to the public health, safety, and
welfare exists, the less stringent provision may control. However,
no provision of said fire code shall be deemed to supersede any
conflicting provision of Ordinance 509, the "City of Pearland Land
Use and Urban Development Ordinance."
Section 7. That Section 10-102, Transporting Hazardous Materials, of
Chapter 10, Fire Prevention and Protection, of the City of Pearland Code of
Ordinances, is hereby amended to read as follows:
"...(b) A "Hazardous Materials Route" for the sole purpose of transport-
ing any and all hazardous materials is hereby designated and shall
include the following: State Highway 35 (Main St.), State
Highway 288 (Nolan Ryan Expressway), Beltway 8 (Sam Houston
Parkway), and the BNSF (Burlington Northern Santa Fe) rail line.
No person shall cause any vehicle transporting hazardous
materials to travel any routes other than the ones established
herein, except as follows: ..."
Section 8. Penalty. Any person who violates the provisions of this section
shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of
competent jurisdiction, be punished by a fine of not less than Two Hundred Dollars
($200.00) nor more than Two Thousand Dollars ($2,000.00).
Section 9. Declaration of Emergency. The Council finds and determines that
the need to protect the citizenry from fire hazards inures to the benefit of the public
and, therefore, bears directly upon the health, safety and welfare of the citizenry; and
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ORDINANCE NO. 857
that this Ordinance shall be adopted as an emergency measure, and that the rule
requiring this Ordinance to be read on two (2) separate occasions be, and the same
is hereby waived.
Section 10. Savings. All rights and remedies which have accrued in favor of
the City under this Ordinance and amendments thereto shall be and are preserved for
the benefit of the City.
Section 11. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or
otherwise unenforceable by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding shall not
affect the validity of the remaining portions thereof.
Section 12. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 13. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
Section 14. Publication and Effective Date. The City Secretary shall cause this
Ordinance, or its caption and penalty, to be published in the official newspaper of the
City of Pearland, upon passage of such Ordinance. The Ordinance shall then become
effective ten (10) days from and after its publication, or the publication of its caption
and penalty, in the official City newspaper.
ORDINANCE NO. 857
PASSED and APPROVED on First and Only Reading this the 27TH day of
JULY , A.D., 1998.
ATTEST:
APPROVED AS TO FORM:
64,
DARRIN M. COKER
INTERIM CITY ATTORNEY
12�
TOM REID
MAYOR
VOTING RECORD (FIRST AND ONLY READING
JULY 27, 19981
Voting "Aye" -
Councilmembers Berger, Beckman,
Seeger, Tetens, and Wilkins.
Voting "No" - None.
Motion passes 5 to 0.
PUBLICATION DATE: JULY 29, 1998
EFFECTIVE DATE: MARCH 9, 1998
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
•
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / _._ issues, as follows:
No. / Date 0 -6 19 512
No. Date - 19 .
No. Date 19
No. Date
No. Date 19
19
Subscribe and sworn to before me this day of�JL
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