O-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