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Ord. 0513-01 01-22-90ORDINANCE NO. 513-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING THE 1988 FIRE CODE; PROVIDING A PENALTY FOR VIOLATION OF SAME; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION; PROVIDING FOR PUBLICATION AND HAVING AN EFFECTIVE DATE. WHEREAS, in the interest of the public health, safety and welfare it is the desire of the City Council of the City of Pearland, Texas, to provide for effective fire prevention within the c.ommunity; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That Section 10-46 of the Code of Ordinances of the City of Pearland, Texas, shall be and the same is hereby amended to read as follows: 1. Standard Fire Prevention Code, 1988 Edition, with revisions, recommended and published by the Southern Building Code Congress International, Inc.; and 2. Life Safety Code Handbook, Third Edition, adopted by the National Fire Prevention Association, as adopted and approved by the American National Standards Institute, with revisions, 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 two, the Standard Fire Prevention Code provisions shall control and be the primary authority of the "City of Pearland Fire Code." However, no provision of said Fire Code shall be deemed to supersede any conflicting provision of Ordinance No. 509, the City of Pearland Land Use and Urban Development Ordinance. Section 2. Any person, firm or corporation who violates or fails to comply with the requirements or provisions of the "City of Pearland Fire Code" as herein adopted shall be deemed guilty of a misdemeanor, and shall, upon conviction by a court of competent jurisdiction, be punished as provided in Section 1-11 of the City Code of Ordinances. Section 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, uncon- 1 stitutional or otherwise unenforceable by a 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 4. All Ordinances and parts of Ordinances in conflict with this Ordinance are hereby repealed, but only to the extent of such conflict. Section-5. It is the intent of the City Council of the City of Pearland, Texas, that this Ordinance shall be codified into the City's official Code of Ordinances, and specifically within Chapter 10 (Fire Prevention and Protection) thereof; to accomplish the same, the codifier may, at his discretion, renumber any or all sections of this Ordinance within such Code. Section 6. The City Secretary shall cause this Ordinance, or its caption and penalty, to be published in the official newspaper of the City of Pearland, Texas, at least once within ten (10) days after the passage of such Ordinance. This Ordinance shall then become effective ten (10) days from and after its publication, or the publi- cation of its caption and penalty, in the official City newspaper. PASSED and APPROVED ON FIRST READING this , A. D., 1990. ATTEST: City S cretary day of Mayor 2 PASSED and APPROVED ON SECOND AND FINAL READING this day of , A. D., 1990. ATTEST: City §'9'cretary APPROVED AS TO FORM: City Attorney VOTING RECORD (FIRST READING) JANUARY 8, 1990 Voting "Aye" - Councilmembers Miller, Tetens, Wolff, Smith, and Bost. Voting "No" - None Motion passed 5 to 0. VOTING RECORD (SECOND READING) JANUARY 22, 1990 Voting "Aye" - Councilmembers Bost, Smith, Wolff, Tetens, and Miller. Voting "No" - None Motion passed 5 to 0. PUBLICATION DATE: JANUARY 26, 1990 EFFECTIVE DATE: FEBRUARY 5, 1990 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS. 3