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HomeMy WebLinkAboutO-1095-4-92ORDINANCE NO. 1095-4-92 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, REPEALING ORDINANCE NO. 682-3-86 AND ARTICLE 11, CHAPTER 5 OF THE ALLEN CODE OF ORDINANCES; ADOPTING THE 1991 EDITION OF THE UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS, INCLUDING FUTURE AMENDMENTS THERETO; PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS, AND ESTABLISHING A BUREAU OF FIRE PREVENTION, PROVIDING OFFICERS THEREFOR AND DEFINING THEIR DUTIES AND POWERS; PROVIDING FOR THE AMENDING OF SAID 1991 UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS WITH CERTAIN DELETIONS, AMENDMENTS AND/OR ADDITIONS;; AUTHORIZING SUITS FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Chief of the Fire Department of the City of Allen has reviewed the 1991 Edition of the Uniform Fire Code and the 1991 Edition of the Uniform Fire Code Standards and recommends the adoption of the same by the City Council, with certain hereinafter enumerated changes, and further recommends the repeal of Ordinance No. 682-3-86 in conflict therewith; and, WHEREAS, the City Council of the City of Allen has reviewed the recommendations of the Fire Chief and concurs with same; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: REPEAL OF PREVIOUS FIRE CODE. From and after the effective date of this ordinance, Ordinance No. 682-3-86 and Article I1, Chapter 5 of the Allen Code of Ordinances are hereby repealed. SECTION 2: ADOPTION OF UNIFORM FIRE CODE. There is hereby adopted by the City Council of the City of Allen, Texas, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain Code known as the 1991 Edition of the Uniform Fire Code, including Appendix Chapters 1C, 2A, 2B, 2D, 2E, 3C, 3D, 4A, 4B, 5A, 6A, 6B, 6C, 6D and 6E, and the 1991 Edition of the Uniform Fire Code Standards published by the Western Fire Chiefs Association and the International Conference of Building Officials, being particularly the 1991 Edition thereof and the whole thereof, including future amendments or revisions as they are published, save and except such portions as are hereinafter deleted, modified or amended by this ordinance, of which Code and Standards copies have been and are now filed in the City Offices; and the same 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 provisions thereof shall be controlling within the limits of the City of -Allen. SECTION 3: FIRE PROTECTION DIVISION. a. The Uniform Fire Code shall be enforced by the bureau of fire prevention which is hereby established as a function of the department of fire protection of the City of Allen and shall be administered by the fire marshal under the supervision of the fire chief. b. The fire marshal shall be appointed or discharged by the fire chief with the approval of the city manager. Selection of the fire marshal shall be on the basis of proper qualification. C. The chief of the fire department may detail such members of the fire department as inspectors as shall from time to time be necessary, and each member so assigned shall be authorized to enforce the provisions of the Uniform Fire Code. The fire chief may recommend to the city manager the employment of technical inspectors, who, when such authorization is made, shall be appointed on the basis of proper qualification. The position shall be open to members and non-members of the Allen Fire Department. SECTION 4: DEFINITIONS. a. Whenever the word "jurisdiction" is used in the Uniform Fire Code, it shall mean the corporate limits of the City of Allen, Texas. b. Whenever the words "chief of the bureau of fire prevention or fire protection" are used, they shall be held to mean the fire chief of the City of Allen, Texas. SECTION 5: PROHIBITING THE STORAGE OF FLAMMABLE LIQUIDS. The storage of flammable or combustible liquids in outside above -ground tanks is prohibited within each and every zoning district within the City of Allen with the exception of those districts which are zoned for industrial use. Installation of above -ground tanks in industrial districts shall be permitted at the discretion of the fire chief following his review of the proposed installation location and the fire protection systems being installed to provide protection for the storage area. SECTION 6: PROHIBITING STORAGE OF LPG AND LNG. The storage of liquified petroleum and liquified natural gas in outside above -ground storage tanks is prohibited within each and every zoning district of the City of Allen with the exception of those zoned for industrial use. The storage of liquified petroleum and liquified natural gas shall be prohibited in both above and underground locations in all residential distracts in the City of Allen. EXCEPTION 1: Liquified Petroleum Gas as a residential fuel existing prior to 1985. EXCEPTION 2: A single D.O.T. approved portable container not to exceed 5 gallons/20 lbs. capacity may be utilized for the express use of fueling barbecue gas grills. SECTION 7: PROHIBITING STORAGE OF EXPLOSIVES. The limits referred to in Section 77.107(a) of the Uniform Fire Code in which storage of explosives and blasting agents is prohibited are hereby declared to be the corporate limits of the City of Allen, Texas. SECTION 8: STANDARDS. Section 2.304(b) of the Uniform Fire Code is amended to read as follows: (b) RECOGNIZED STANDARDS. Whenever this code or any of the adopted recognized standards are inapplicable for any reason to any situation involving the protection of persons and property from the hazards of fire and explosion, the materials, methods of construction, installations, practices or operations necessary to provide such protection shall, to a reasonable degree, be in accordance with nationally recognized and accepted standards, principles and tests and generally recognized and well-established methods of fire prevention and control. The following standards, NFPA *101, the Life Safety Code, 1991 Edition, and those that appear in Appendix V-A are intended for use as a guide in the design, fabrication, testing and use of equipment regulated by this code. In the event of a conflict between the Uniform Ordinance No. 1095-4-92 Page 2 Fire Code, the Uniform Fire Code Standard, the referenced standards or any other ordinance of the City of Allen, the most restrictive code, ordinance or standard shall apply and be controlling. SECTION 9: PERMITS. Section 4.108 of the Uniform Fire Code is amended by the addition of paragraph a.5 which shall require permits for the installation of certain fire protection systems and shall read as follows: a.5 AUTOMATIC FIRE PROTECTION SYSTEMS. A permit shall be required to install any automatic fire extinguishing system, automatic detection system or automatic fire command and control system. SECTION 10: DEFINITIONS. Section 9.108 of the Uniform Fire Code is amended by the addition of the following definition: FIRE LANE. A fire lane is a means of ingress and egress designated for fire department use during emergencies to allow unobstructed access to a building or operation. The fire lane shall be permanently dedicated to the public use in a legally filed plat or other acceptable legal instrument designating such access easement by metes and bounds. SECTION 11: FIRE LANES. Article 10, Division 2 of the Uniform Fire Code is amended to read as follows: ACCESS ROADWAYS FOR FIRE APPARATUS Section 10.201 (a) The fire chief, or his designated representative, is authorized to designate adequate fire lanes and fire lane turnarounds for all buildings when deemed necessary for fire department access. (b) All buildings of any type construction except single and double -family dwellings, as defined in the Building Code, shall be constructed in such a way that all exterior walls of the structure are within 150 feet of and accessible to a public street, highway or fire lane. The 150 feet shall measure along the external walls of the structure. The owner must designate, construct and maintain fire lanes or easements having a minimum width of 22 feet and height clearance of 14 feet, terminating within 150 feet of the far part of said structure or connecting with a public street or highway. The provisions of this section notwithstanding, fire lanes may be required to be located within 30 feet of the building if deemed reasonably necessary by the fire chief to enable proper protection of the building. (c) Any such fire lane easement shall either connect both ends to a dedicated street or be provided with a turnaround having a minimum outer radius of 50 feet. Hydrants shall not be located in a cul-de-sac or the turning radius of fire lanes. If two or more interconnecting lanes are provided, interior radii for that connection shall be required in accordance with the following: 1) 22' Fire Lane .......................... Radius 30' 2 24' Fire Lane .......................... Radius 20' 3 30' Fire Lane .......................... Radius 10' Fire lane and access easements shall be provided to serve all buildings through parking areas, to service entrances of buildings, loading areas and trash collection areas, and other areas deemed necessaryto be available to fire and emergency vehicles. Notwithstanding paragraphs (band (c) of this section, the fire chief is Ordinance No. 1095-4-92 Page 3 , authorized to designate additional requirements for fire lanes where the same is reasonably necessary so as to provide access for fire and rescue personnel. (d) The City of Allen requires fire lane easements to be legally recorded on either an approved plat or a separate document filed in accordance with the laws of the State of Texas. (e) Fire lanes shall be constructed with an all-weather surface capable of supporting the imposed loads of fire apparatus and meeting City of Allen Engineering Standards. Prior to construction of the fire lane, the design of the fire lane shall be submitted to the fire chief for his review and written approval. (f) It shall be the responsibility of the owner to install and maintain signs and, if necessary, pavement markings to properly notify the public of the location of fire lanes on his property. The proper markings shall be as follows: (1) SIGNS - shall read "No Parking - Fire Lane" and shall be 12" wide and 18" high. Signs shall be painted on a white background with letters and borders in red, using not less than 2" lettering. Signs shall be permanently affixed to a stationary post and the sign shall be six feet, six inches (66") above finished grade. Signs shall be spaced not more than 100 feet (100) apart. Signs may be installed on permanent buildings or walls. (2) PAVEMENT MARKINGS - shall be marked by painted lines of red traffic paint six inches (6") in width to show the boundaries of the lane. The words "NO PARKING" and "FIRE LANE" shall appear in four -inch (4") white letters at 25 feet alternating intervals on the red border markings. (3) CURB MARKINGS - shall be painted in red traffic paint from the top seam of the curb to a point even with the driving surface. The words "NO PARKING" and "FIRE LANE" shall appear in four -inch (4") white letters at 25 feet intervals along the curb. (g) All fire lane and access easements shall be maintained and kept in a good state of repair at all times by the owner, and the City of Allen shall not be responsible for the maintenance thereof. It shall further be the responsibility of the owner to insure that all fire -lane markings required by paragraph (f) be kept so that the borders of each and every portion of the fire lane are easily distinguishable by the public. (h) No owner or person in charge of the premises served by a fire lane or access easement shall abandon or close any fire lane or easement without first securing from the fire chief approval of an amended site plan or plat showing removal of the fire lane or easement. (i) Where security fencing is necessary, the owner shall provide gates or openings which may be secured. Locking devices shall be "Knox" or "Supra" compatible to permit immediate access by fire personnel and equipment in the event of fire or emergency. Gates must open fully in either direction or be sliding or raised -arm type. (j) The required width of fire lanes shall in no way be obstructed, including the parking of vehicles. The fire chief and the police chief, and their designated representatives, are authorized to remove or cause to be removed any material or vehicle obstructing a fire lane at the expense of the owner of such material or vehicle. (k) The fire chief is authorized to modify the requirements of this section where approved fire protection systems provide the necessary degree of safety. (1) The fire chief shall have the authority to require an increase in the minimum access widths where such width is not adequate for fire and rescue operations. 1095-4-92 Ordinance No. page 4 (m) All bridges and fire lane grades shall meet City of Allen Engineering Standards. Bridges used for access shall be capable of supporting the imposed loads of fire apparatus. SECTION 12: FIRE DEPARTMENT ACCESS TO BUII.DINGS. Section 10.301(a) of the Uniform Fire Code is amended to read as follows: PREMISES IDENTIFICATION Section 10.301 (a) Approved numerals of minimum 3" height and color contrasting with the background designating the address shall be placed on all new and existing buildings/structures in such position as to be plainly visible and legible from the front and rear of each building/structure. SECTION 13: SYSTEM INSTRUCTIONS. Article 10, Division 1 of the Uniform Fire Code is amended by the addition of Section 10.108 and Section 10.109 which shall read as follows: SYSTEM INSTRUCTIONS Section 10.108. Keys, labels and signage necessary for the operation and use of required fire protection systems shall be provided as required by the fire chief. FIRE PROCEDURE NOTICE Section 10.109. A Fire Procedure Notice shall be posted and maintained in a conspicuous location within each dwelling, guest room or tenant area in the following occupancies: 1. Hotels. 2. Apartment buildings in excess of two stories in height. 3. Group B, in excess of two stories in height. The Fire Procedure Notice shall contain the following minimum information: 1. Primary and secondary evacuation routes. 2. Fire reporting instructions. 3. Basic fire survival procedures. SECTION 14: WATER SUPPLY. Article 10, Division 4 of the Uniform Fire Code is amended to read as follows: WATER SUPPLY. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. When any portion of the building protected is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the building, there shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. In setting the requirements for fire flow, the chief shall be guided by the standards published by the Insurance -Services Office "Guide for Determination of Required Fire Flow." 1095-4-92 Ordinance No. Page 5 The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on the public street or on the site of the premises to be protected as required and approved by the chief. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Article 10, Division 2. (1) Single -Family and Duplex Residential - As the property is developed, fire hydrants shall be located at all intersecting streets and at intermediate locations between intersections at a maximum spacing of 500 feet as measured along the length of the center line of the roadway. No portion of the front exterior wall shall be more than 500 feet from two fire hydrants as measured along the route that a fire hose is laid. (2) Multifamily Residential and Other Districts - As the property is developed, fire hydrants shall be located at all intersecting streets and at intermediate locations between intersections at a maximum spacing of 300 feet as measured along the center line of the roadway. No exterior wall shall be farther than 300 feet from two fire hydrants as measured along the route that a fire hose is laid. (3) Protected Properties - Fire hydrants shall be required along fire lanes with spacing as required for street installations, above. In addition, hydrants required to provide supplemental water supply for automatic fire protection systems shall be within 100 feet of the fire department connection for such system(s). Fire hydrants shall be accessible to the fire department at all times. SECTION 15: SYSTEM APPROVAL AND TESTING. Section 10.503 of the Uniform Fire Code is amended by the addition to the existing paragraph of the following: All required tests shall be conducted by and at the expense of the owner or his representative. The fire department shall not be held responsible for any damages incurred in such a test. Where it is required that the fire department witness any such test, such test shall be scheduled with a minimum of 48 -hours' notice to the fire chief or his representative. SECTION 16: SYSTEM STANDARDS. Article 10.506(b) of the Uniform Fire Code is amended to read as follows: STANDARDS. Fire extinguishing systems shall comply with the appropriate Uniform Building Code Standards, National Fire Protection Association Standards and the Texas State Board of Insurance Supplements. Water supply for such systems shall be provided in conformance with the supply requirements of the respective NFPA standard; however, no fire protection system shall be designed within 10% of the water supply curve. SECTION 17: REQUIRED SPRINKLER SYSTEMS. Section 10.507(a) and Section 10.306(h) of the Uniform Fire Code are amended to read as follows: Section 10.507 (a) WHERE REQUIRED. Notwithstanding the provisions of Section 10.507(b) of the Uniform Fire Code, an automatic fire extinguishing system shall be installed in each of the following occupancies: (1) All buildings exceeding two (2) stories in height regardless of occupancy. EXCEPTION: This subsection shall not require an automatic sprinkler system in open parking garages when not in a mixed occupancy building. Ordinance No. 1095-4-92 Page 6 (2) All basements excepting those in Group R, Division 3 occupancies. (3) All rooms or areas used for incineration, trash, laundry collection or similar uses and at alternate floor level chutes used in conjunction with these rooms or areas in any occupancy except Group R, Division 3. (Note: This system may be supplied from the domestic water supply if capable of providing the necessary flow and pressure.) (4) Except for Group R, Division 3 occupancies, all occupancies containing cooking equipment used in processes producing smoke or grease -laden vapors shall be equipped with an automatic Hire extinguishing system providing protection for the cooking equipment. (5) All other occupancies where required by Section 10.507 of the Uniform Fire Code. For special provisions on hazardous chemicals and magnesium, and calcium carbide, see Sections 10.501 and 45.209 and Articles 48, 49 and 80. SECTION 18: SYSTEM SUPERVISION. Section 10.508 of the Uniform Fire Code is amended to read as follows: Section 10.508. When serving more than 25 sprinklers, automatic sprinkler systems shall be supervised by an approved central, proprietary or remote station service or by interface with the Allen Fire Dispatch Alarm Panel. Sprinkler systems serving more than 25 sprinkler heads shall be equipped with monitored shut-off valves and individual flow switches for each floor or zone as- designated by the fire chief. SECTION 19: STANDPIPES. Section 10.510(b) of the Uniform Fire Code is amended to read as follows: Section 10.510 (b) WHERE REQUIRED. Notwithstanding the requirements of Uniform Fire Code Table 10.510-A and Uniform Building Code Standard 38-2, additional standpipes will be required in the following occupancies: CLASS I STANDPIPES: a. Occupancies exceeding two (2) stories in height. b. Occupancies in which the distance from any interior area to the main point of Fire department ingress exceeds 250 feet. Standpipes supplying such areas will be provided so as to provide for a hose connection at 200 foot intervals along main hallways and corridors. C. Occupancies designated by the fire chief where the installation of standpipes is necessary to properly protect the premises. CLASS II OR III STANDPIPES: a. Occupancies of rack storage as required by N FPA 231 C or Uniform Fire Code Section 81.110. b. Occupancies as may be designated by the fire chief where the installation of standpipes is necessary to properly protect the premises. Ordinance No. 1095-4-92 Page 7 SECTION 20: BUILDINGS UNDER CONSTRUCTION. Section 87.103(d)3A. and 3B. shall be amended to read as follows: 3A. WHERE REQUIRED. At least one required standpipe shall be operational for use during construction to a point within one (1) floor of the highest point of construction having secured flooring or decking. In addition, required standpipes must be operational for single -story buildings prior to the use of combustible materials within the structure. 3B. TEMPORARY STANDPIPES. Temporary standpipes shall not be allowed and it shall be the responsibility of the contractor to insure that at least one of the permanent building standpipes is installed and operational as required by paragraph 3A above. In addition, each of the required outlets shall be National Standard Thread (NST) equipped with a 2-1/2" X 1-1/2" reducer with chained cap. SECTION 21: COMMERCIAL KITCHEN FIRE EXTINGUISHING EQUIPMENT. Section 10.513(c) of the Uniform Fire Code is amended by the modification of the second paragraph which shall read as follows: All systems shall comply with the requirements of the Mechanical Code and Fire Code. Listed systems shall be installed in accordance with their listing, a copy of which shall be provided to the fire chief. Other systems shall be of an approved design and shall be of one of the following types: (1) Dry Chemical Extinguishing System. (2) Wet Chemical Extinguishing System. (3) Automatic Sprinkler System. SECTION 22: OPEN BURNING. Article 11 of the Uniform Fire Code is amended by the addition of a new Section 11.206 which shall read as follows: OPEN BURNING ON AGRICULTURAL LAND Section 11.206 (a) Open fires on agricultural -type land within or adjacent to the corporate limits of the City of Allen is hereby declared to be a common and public nuisance and a fire hazard. (b) Open fires on agricultural -type land is prohibited throughout the corporate limits of the City of Allen and extending for a total of 5,000 feet outside the city limits; provided that this section shall not be in effect within any portion of such 5,000 feet area which is contained within the territory of any other municipal corporation. (c) The fire chief may waive the restrictions of this section where such open burning is in the best interest of the public and where such burning will not endanger the life or property of the public. In such cases, the normal administrative process of securing a burn permit shall be followed, and said permit may be issued by the fire chief or his designee. In the event justified complaints are received of the burning, the fire department is authorized to cancel the permit and extinguish the fire. Ordinance No. 1095-4-92 Page 8 SECTION 23: FIRE ALARM SYSTEMS. a. Article 14, Section 14.103(a), (b) and (e) of the Uniform Fire Code are amended to read as follows: (a) PLANS AND SPECIFICATIONS. Three sets of the complete plans and specifications shall be submitted to the fire chief for review and approval prior to any system installation. Plans and specifications shall include, but not be limited to, a floor plan, location of all initiating and signaling devices, alarm control and trouble signaling equipment, annunciation, power connection, battery calculations, wiring type and sizes. Drawings shall be scaled or dimensioned. The chief shall designate those corrections necessary for acceptance of the proposed installation design and return all but one copy which will remain on record in the fire department. No fire alarm system shall be installed without plan approval and compliance with corrections required by the chief. (b) SYSTEM DESIGN. Fire alarm systems and their components shall be installed by State of Texas licensed contractors. Fire alarm systems, automatic fire detectors, emergency voice/alarm communication systems and notification devices shall be designed, installed and maintained in accordance with U.F.C. Standard 14-1,14-2 and other nationally -recognized standards. (e) INSTALLATION CERTIFICATION. Upon completion of the installation, the contractor shall provide the chief with one copy of a Texas State Fire Marshal's Fire Alarm Installation Certificate, certifying that the system has been installed in accordance with approved plans and specifications. b. Article 14, Section 14.103 of the Uniform Fire Code is amended by the addition of the following paragraph: (h) MANUAL ALARM INITIATING DEVICES. Manual alarm initiating devices shall be an approved double -action type. The fire chief is authorized to require the installation of additional devices to prevent and/or call attention to the tampering of alarm initiating devices on new and existing fire alarm systems. C. Article 14, Section 14.104(a) and (d) of the Uniform Fire Code are amended to read as follows: (a) GENERAL. An approved fire alarm system shall be installed when required by this section. All alarm systems serving more than fifty (50) signal initiating devices or more than three (3) floors shall be intelligent, addressable systems with alarm verification and device activation memory. All alarm systems serving more than one hundred (100) signal initiating devices shall be intelligent, addressable, analog systems with alarm verification and device activation memory. (d) GROUP E, DIVISIONS 1 AND -3 OCCUPANCIES. Group E, Division 1 and 3 Occupancies having more than 50 occupants and as set forth in the Building Code. Group E, Division 3 Occupancies shall have an alarm system that includes provisions for smoke detection and manual operation in interior corridors and automatic detection in storage rooms, laundry rooms, furnace rooms and all other occupiable areas. d. Section 14.104(g) of the Uniform Fire Code is amended by the modification of the first paragraph only (EXCEPTIONS 1. and 2. remain unchanged) and shall read as follows: (g) GROUP R, DIVISION 1 OCCUPANCIES. A manual and automatic fire alarm system shall be installed in apartment houses two (2) or more stories in height or containing more than twelve (12) apartments and in hotels two or more stories in height or containing more than twelve (12) guest rooms. 1095-4-92 Ordinance No. Page 9 e. Section 14.105 of the Uniform Fire Code is amended to read as follows: MONITORING. All fire alarm systems shall be supervised by an approved central proprietary or remote station service or by interface with the Allen Fire Dispatch Alarm Panel. EXCEPTION 1: Supervised alarm system may not be required when approved by the Chief. f. Section 14.108(a) of the Uniform Fire Code is amended to read as follows: (a) MAINTENANCE AND TESTING. All occupancies containing an alarm system shall be inspected annually by a State of Texas licensed fire alarm company. A tag shall be affixed to the alarm panel showing the date of maintenance and inspector's signature. Fire alarm systems shall be maintained and tested in accordance with UFC Standard No. 14-3 and other nationally -recognized standards. SECTION 24: FIREWORKS. a. Section 78.202 of the Uniform Fire Code is amended to read as follows: (a) FIREWORKS PROHIBITED. Except as provided hereinafter, it shall be unlawful for any person to manufacture, assemble, store, transport, receive, possess, keep, expose for sale, sell at retail, offer or have in his/her possession with intent to sell, use, discharge, cause to be discharged, ignite, detonate, fire or otherwise set in action any fireworks of any description; provided, however, that nothing in this section shall be construed to apply to signal flares and torpedoes of the type and kind commonly used by any railroad or other transportation agency for signaling or purposes of illumination, nor shall anything in this section apply to flares or rockets as used by military or public service agencies, or for signal or ceremonial purposes in athletics or sports. (b) FIREWORKS DECLARED A PUBLIC NUISANCE. The presence or use of any fireworks within the jurisdiction of the City of Allen in violation of this ordinance is hereby declared to be a common and public nuisance. The fire chief is authorized and directed to seize and cause to be safely destroyed any fireworks found within the jurisdiction or extraterritorial jurisdiction of the City of Allen in violation of this ordinance. Any member of the Allen Fire Department or any police officer of the City of Allen is empowered to stop the transportation of and detain any fireworks found being transported illegallyor to close any building where any fireworks are found stored illegally until the fireworks can be safely destroyed. (c) TERRITORIAL APPLICABILITY. The restrictions of this article shall be applicable and in force throughout the territory of the City of Allen, Texas, and extending for a distance outside the city limits for a total of 5,000 feet outside the city limits; provided that this article will not be in effect within any portion of such 5,000 feet area which is contained within the territory of any other municipal corporation. b. Section 78.203(a) of the Uniform Fire Code is amended to read as follows: (a) FIREWORKS DISPLAYS. The fire chief is authorized to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by a jurisdiction, fair association, amusement park, other organizations, or for the use of fireworks by artisans in pursuit of their trade. Every such display shall be handled by a competent operator approved -by the fire chief and shall be of such character and so located, discharged or fired so as to not be hazardous to life and property . Applications for such permits shall be made in writing at least 10 days in advance of the display to the fire chief and shall be accompanied by a financial bond in an amount sufficient to protect the permittee from damages to person or property arising from the public display. Any fireworks that remain unfired after the display is Ordinance No. 1095-4-92 page 10 concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining. SECTION 25. FLAMMABLE AND COMBUSTIBLE LIQUIDS. a. Table 79.202-A, footnote *8 of the Uniform Fire Code is amended by the deletion of the restriction limiting the aggregate area to 1500 square feet. b. Section 79.601 of the Uniform Fire Code is amended by the addition of paragraph (g) which shall read as follows: (g) Dry Sump. A sampling tube of minimum 4" diameter shall be installed in the backfill material of each underground flammable or combustible liquid storage tank and shall extend from a point 24" below the average grade of the excavation to ground level and provide a suitable surface access cap. For those locations in which multiple tanks are installed in a single excavation, a single sampling sump shall be sufficient, providing the sump is properly located so that all portions of the excavation will drain into it. b. Section 79.1204 of the Uniform Fire Code is amended by the addition of a paragraph (n) which shall read as follows: (n) VAPOR RECOVERY SYSTEM. The driver, operator or attendant of any tank vehicle shall not unload any Class I or Class II liquid without first attaching the vapor recovery connection of the tank truck to the vapor recovery connection of the storage tank. SECTION 26: RADIOACTIVE MATERIALS. Section 80.313 of the Uniform Fire Code is amended by the addition of the following paragraphs: (c) In the event that a radioactive source becomes lost or stolen, the person in charge shall immediately notify the fire department. This report shall contain a complete description of the material, such as its chemical name, its physical nature, its overall size and the amount and strength of the material. If the source is lost, the approximate area in which it is believed to have been lost shall be included in the report. (d) Storage of one to 100 curies of radioactive. materials shall be protected from all combustible materials by a one-hour fire separation. (e) Storage in excess of 100 curies of radioactive materials shall be protected from all combustible materials by a two-hour fire separation. (f) Radioactive materials out of storage shall be constantly attended by a responsible authorized person. (g) The storage vault, room and/or safe must be sufficiently shielded to reduce the radiation level below two milliroentgens per hour at three feet from the surface of the external walls. (h) Appropriate markings shall be provided on the outside of all storage and transportation enclosures used for.radioactive materials in conformity with Title 49, Code of Federal Regulations. Each such enclosure shall be equipped with approved fire extinguishing equipment. SECTION 27. HAZARDOUS MATERIALS ROUTING. Article 80 of the Uniform Fire Code is amended by the addition of Section 80.113(a) which shall read Ordinance No. 1095-4-92 Page 11 as follows: (a) HAZARDOUS MATERIALS ROUTE. Through vehicles carrying materials determined to be HAZARDOUS by the United States Department of Transportation are prohibited from transporting such materials over and upon the public streets and thoroughfares of the City of Allen except upon a designated HAZARDOUS MATERIALS ROUTE. The HAZARDOUS MATERIAL ROUTE for the City of Allen will consist of the following roads and highways: (1) U. S. Highway 75 (north city limits to south city limits). (2) State Highway 121 (west city limits to east city limits). SECTION 28. ARSON REWARD. The City of Allen hereby offers a reward of up to One Thousand Dollars ($1,000.00) for the information given to any Peace Officer which leads to the arrest and conviction of any person or persons found guilty of committing the crime of ARSON within the corporate limits of the city. This reward is a standing offer and shall be paid out of the general fund of the City of Allen. Placards, eight inches (8") by twelve inches (12") in size, showing the above reward is offered shall be placed in frames under glass inside of at least twelve (12) different public buildings within the city. SECTION 29: AUTHORIZING SUITS FOR INJUNCTIVE RELIEF. Notwithstanding any penal provision of this ordinance, the city attorney is authorized to file suit on behalf of the City of Allen, the fire chief or his authorized representative, or both, for injunctive relief as may be necessary to enforce the provisions of this ordinance. SECTION 30: CODE OF ORDINANCES. It is intended and hereby ordained that the provisions of this ordinance shall become a part of Chapter 5 of the Code of Ordinances; and to that end, Chapter 5 of the Code of Ordinances of the City of Allen, Texas, and portions hereof may be renumbered and titles added at the discretion of the codifiers. SECTION 31: SEVERANCE CLAUSE. It is hereby declared to be the intention of the City Council of the City of Allen, Texas, that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 32: PENALTY CLAUSE. Any person, firm, partnership, corporation, or association violating any provision of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than Two Thousand Dollars ($2,000.00); and each day such violation continues shall constitute a separate and distinct violation. SECTION 33: PUBLICATION AND EFFECTIVE DATE. It appears the present Fire Prevention Code of the City of Allen is in immediate need of change and, in order to protect the public health, safety and welfare of the city, creates an urgency and an emergency for the preservation of the public health, safety and welfare, and requires that this Ordinance No. 1095-4-92 page 12 ordinance shall take effect immediately from and after its passage and publication of the caption as the law in such cases provides. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TERAS, ON THE 2nd DAY OF APRIL , ". APPROVED AS TO FORM: A. Don er, CITY ATTORNEY APPROVED: Jbe Farmer, MAYOR ATTEST: Ordinance No. 1095-4-92 page 13 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday April 8, 1992 & Sunday April 1,2 1992 and which was issued on April 8, 1992 by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication ' tached hereto. U,�z & &L-3;� SUBSCRIBED AND SWORN to before me this /! day of A.D. 19 ...4 •. ' • V.A. TODD f , MY COMMISSION EXPIRES December 5,19'l— Publisher's fee $45.00 PUBLIC in and for COLLIN COUNTY, TEXAS CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen'Ci Council adopted the following ordinance, their regular meeting held on Thursda April 2, 1992 (Title and Penalty Claus only): Ordinance.No. 1095-4-92: An Ordinanc Of the City of Allen, Collin County, Texa; Repealing Ordinance No. 682-3-86 an Article ll, Chapter 5 of the Allen Code c .Ordinances; Adopting the 1991 Edition c the Uniform Fire Code and Uniform Fir, Code Standards, Including Future Amend ments Thereto; Prescribing Regulation: Governing Conditions Hazardous to Lift and Property from Fire or Explosion, Pro viding for the Issuance of Permits for Ha zardous uses or Operations, and Estali lishing a Bureau of Fire Prevention, Provid ing Officers Therefore and Defining Theii Duties and Powers; Providing for the Amending of Said 1991 Uniform Fire Code and Uniform Fire Code Standards with Certain Deletions, Amendments and/or Additions; Authorizing Suits of Injunctive Relief; Providing a Severability Clause; .Providing a Penalty Clause; and Providing an Effective Date. - That any person, firm or corporation violat- ing any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75002. ;Judy Morrison/cs City Secretary CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, April 2, 1992 (Title and Penalty Clause only): Ordinance No. 1095-4-92: An Ordinance of the City of Allen, Collin County, Texas, Repealing Ordinance No. 682-3-86 and Article II, Chapter 5 of the Allen Code of Ordinances; Adopting the 1991 Edition of the Uniform Fire Code and Uniform Fire Code Standards, Including Future Amend- ments Thereto; Prescribing Regulations Governing Conditions Hazardous to Life and Property from Fire or, Explosion, Pro- viding for the Issuance of Permits for Ha- zardous uses or Operations, and Estab- lishing a Bureau of Fire Prevention, Provid- ing Officers Therefore and Defining Their Duties and Powers; Providing for the Amending of Said 1991 Uniform Fire Code and Uniform Fire Code Standards with Certain Deletions, Amendments and/or Additions, Authorizing Suits of Injunctive Relief; Providing a Severability Clause; Providing a Penalty Clause; and Providing an Effective Date. That any person, firm or corporation violat= mg any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Comprehensive Zoning Ofdinance No. 829-11-87 of the City of Allen, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000 00) for each offense. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75002. Judy_Morrison/cs City Secretary,