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Home My WebLink AboutO-1163-4-93ORDINANCE NO. 1163-4-93 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN, COUNTY, TEXAS, AMENDING CITY ORDINANCE NO. 1095-4-92 AND ARTICLE II OF CHAPTER 5, FIRE PREVENTION AND PROTECTION, OF THE CODE OF ORDINANCES OF THE CITY OF ALLEN, TEXAS, PROVIDING FOR INSPECTION OR REINSPECTION OF BUILDINGS AND PREMISES OR PORTIONS THEREOF FOR COMPLIANCE WITH THE CITY'S FIRE CODE; ESTABLISHING FEES FOR FOLLOW-UP INSPECTIONS AFTER INITIAL INSPECTION AND REINSPECTION IF REQUIRED; ESTABLISHING PERMIT FEES; PROVIDING FOR A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 2, 1992, the City of Allen by Ordinance No. 1095-4-92 adopted the 1991 edition of the Uniform Fire Code with certain changes, as set out in Article II, Chapter 5 of the Allen Texas, Code of Ordinances, which is enforced by the Division of Fire Protection under the supervision of the Chief of the Fire Department; and WHEREAS, the Fire Protection Division currently issues permits for certain uses and operations and performs fire safety inspections and if necessary follow-up reinspections of buildings and premises or portions thereof within the City for the purpose of pointing out fire safety hazards and ensuring compliance with the City's Fire Code requirements and regulations, thereby reducing the possibility of future fires; and WHEREAS, the City now desires to institute and establish permit fees for certain uses and operations and for the follow-up inspection of buildings and premises or portions thereof found to be in violation of the Fire Code after initial inspection and reinspection, such fees to offset costs incurred by the City in making additional inspections and to encourage compliance with the Fire Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS THAT: SECTION 1: AMENDMENT OF ORDINANCE From and after the effective date of this ordinance, Section 3 of Ordinance No. 1095-4- 92, as set out in Article II of Chapter 5, Fire Prevention and Protection, of the Allen, Texas, Code of Ordinances, is hereby amended to add the following requirements of fire safety inspections of buildings and premises or portions thereof and establishing fees for follow-up inspections after initial inspection and reinspection: (d) . The fire chief or his designated representatives shall inspect all buildings, premises or portions thereof as often as may be necessary, in accordance with Section 2.201(a) of the Uniform Fire Code as amended. An initial inspection and one (1) reinspection shall be made free of charge. If the fire chief or his designee is required to make follow-up inspections after the initial inspection and reinspection to determine whether a violation or violations observed during the previous inspections have been corrected, a fee shall be charged. The occupant, lessee or person making use of the building or premises shall pay said fee or fees within thirty (30) days of being billed as a condition to continued lawful occupancy of the building or premises. (e) . Fees for follow-up inspections after initial inspection and reinspection shall be as follows: First follow-up inspection $ 50.00 All subsequent inspections $100.00 From and after the effective date of this ordinance, Section 9 of Ordinance No. 1095-4- 92, as set out in Article II of Chapter 5, Fire Prevention and Protection, of the Allen, Texas, Code of Ordinances, is hereby amended to add the following requirement for permit fees for certain uses and operations and shall read as follows: SECTION 9: PERMITS Section 4.103 of the Uniform Fire Code is amended by the addition of a permit fee schedule as follows: PERMIT TYPE ( Section 4.108) a.5 Automatic Fire Protection Systems c.2 Carnivals and Fairs (Outdoor) f . 2 Fireworks / Pyrotechnic Displays f.3 Sections A.,D.,E. Flammable/ Combustible Liquids 0.2 Open Burning t.l Tents, Canopies, Temporary Membrane Structures FEE $50.00 $50.00 $50.00 $50.00 $50.00 per site, per day $25.00 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: Ordinance No. 1163-4-93 Page 2 a.5 AUTOMATIC FIRE PROTECTION SYSTEMS. A permit shall be required to install any automatic fire extinguishing system, automatic fire detection system or automatic fire command and control system. SECTION 2: WAIVER OF PERMIT FEES The fire chief, or his designee, may waive any permit fee where it is in the best interest of the public. In such cases, the normal administrative process of securing the appropriate permit shall be followed, and said permit may be issued by the fire chief or his designee. SECTION 3: 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 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 4: PENALTY CLAUSE Any person, firm, partnership, corporation, or association violating any provision of this ordinance commits an offense, 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 offense. SECTION 5: PUBLICATION AND EFFECTIVE DATE This Ordinance shall take effect immediately from and after its passage and publication of the caption as the law in such cases provides. Ordinance No. 1163-4-93 Page 3 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 1ST DAY OF APRIL , 1993. APPROVED AS TO FORM: A. er, ITY ATTORNEY APPROVED: Farmer, MAYOR ATTEST: Jivy Mo on, CITY SECRETARY Ordinance No. 1163-4-93 Page 4 AFFIDAVIT AND PROOF OF PUBLICATION, THE STATE OF TEXAS COUNTY OF COLLIN CITY OF ALLEN i r PUBLIC NOTICE BEFORE ME, the undersigned authority, on this day personally appeared DEf Notice is hereby given that the Allen City Council adopted the following ordinance at TACKETT, who having been by me duly sworn, on oath deposes and says: their regular meeting held on Thursday;' That she is the General Manager of THE ALLEN AMERICAN, a newspaper pL, only) 1, 1993 (Title and Penalty Clause Y) COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general ci Ordinance No. 1163-4-93: An Ordinance of the City of Allen, Collin County, Texas, said county, and having been published regularly and continously for more than tw, Ameriding City Ordinance No. 1095-4-92 months prior to publishing and Article II of Chapter 5, Fire Prevention land Protection, of the Code of Ordinances Ordinance -41 163-4-93 of the City of Allen, Texas, Providing for Inspection or Reinspection of Buildings 'and Premises or Portions Thereof for Com- Fpliance with the City's Fire Code; Estab- lishing Fees for Follow-up Inspections after €initial Inspection and Reinspection if Re of which the attached is a true and written copy, and which was published in THE ALj quired; Establishing Permit Fees; Provid- ing for a Penalty Clause; Providing s AMERICAN on Severability Clause; and Providing for ar Effective Date. Wednesday April 7 1 9 9 3 & Sunday n d a Y A Til '1' 1 1993 ing any of the provisions or terms of thk That any person, firm or corporation vio p � hi: ordinance shall be subject to the penalty a: and which was issued on April 7, 1993 heretofore amended, and upon convictior shall be punished by a fine not to exceec the sum of Two Thousand Dollars ($2,000; by City of Allen of COLLIN COUNTY, TE for each offense.A copy of this ordinance may be read of purchased in the office of the City Secret. A printed copy of said publication is attached hereto.I ary,-City of Allen, One Butler Circle, Allen Texas 75002. /s/ Judy Morrison _!— City Secretary SUBSCRIBED AND SWORN to before me this // day of V. A. TODD MY COMMISSION EXPIRES December 5,1998 Publisher's fee $ 38.26 C%! ,A.D. 19 7 l . d ARY PUBLIC in and for COLLIN COUNTY, TEXAS PUBLIC NOTICE I!Notice is hereby given that the Allen City LCounpil adopted the following ordinance at !their ' regular meeting held on Thursday, 1,,April 1, 1993 (Title and Penalty Clause aonly): -Ordinance No. 1163-4-93: An Ordinance of the City of Allen, Collin County, Texas, Amending City Ordinance No. 1095-4-92 and Article II of Chapter 5, Fire Prevention . and Protection, of the Code of Ordinances t.of the City of Allen, Texas, Providing for ,Inspection or Reinspection of Buildings and Premises or Portions Thereof for Com- �.pliance with the City's Fire Code; Estab- lishing Fees for Follow-up Inspections after Initial Inspection and Reinspecti6n if Re- quired; Establishing Permit Fees; Provid- ing for a Penalty Clause; Providing a Severability Clause; and Providing for 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 penalty as -heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) ;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. ;is/ Judy Morrison Lj, Secretary