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HomeMy WebLinkAboutOrd 482 Amending Ordinance 461 Adopting the 2003 International Fire CodeTOWN OF WESTLAKE ORDINANCE NO. 482 AN ORDINANCE OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AMENDING ORDINANCE NO. 461 AS IT PERTAINS TO THE SECTION ATTACHED OF THE 2003 INTERNATIONAL FIRE CODE; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town existing and operating under the Texas Constitution, and the laws of the State of Texas; and WHEREAS, the Board of Aldermen of the Town of Westlake, Texas, deems it necessary to adopt certain local amendments to the 2003 International Fire Code, as previously adopted by Ordinance No. 461, to provide for the safety of the citizens of Westlake; and WHEREAS, the Board of Aldermen of the Town of Westlake, Texas, hereby finds that it is in the best interests of the Town and its citizens that the amendments to the 2003 International Fire Code, as previously adopted by Ordinance No. 461 should be approved and adopted; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: The above findings are hereby found to be true and correct and are incorporated herein in their entirety. SECTION 2: Ordinance No. 461 which adopted and amended the 2003 International Fire Code is hereby amended as attached Exhibit A. SECTION 3: All other provisions of Ordinance No. 461 not hereby amended shall remain unchanged, and in full force and effect. SECTION 4: Penalty: Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for all violations involving fire safety or public health and sanitation, including dumping or refuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5: Cumulative Clause: This ordinance shall be cumulative of all provisions of ordinances of the Town of Westlake, Texas, except where provisions of this ordinance are in direct conflict with the provisions of another ordinance, in which event the conflicting provisions of the other ordinance are hereby repealed. SECTION 6: Severability Clause: It is hereby declared to be the intention of the Town Board of Aldermen that the phrases, clauses, sentences, paragraphs, and sections are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since they would have been enacted by the Town Board of Aldermen without the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7: Savings Clause: All rights and remedies of the Town of Westlake are expressly saved as to any and all violations of the provisions of the Code of Ordinances, Town of Westlake, Texas, as amended, or any other ordinances affecting such code which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 8: Publication: The Town Secretary of the Town of Westlake is hereby directed to publish in the official newspaper of the Town of Westlake, the caption, penalty clause, publication clause and the effective date of this ordinance. SECTION 9: Effective Date: This ordinance shall be in full force and effect from and after its passage and publication as required by law. PASSED AND APPROVED THIS 27th DAY OF JUNE 2005. Scott Bradley, Mayor EST: fan— Dwinnell, Town Secretary Trent O. Petty o Manager IW ATTACHMENT: EXHIBIT A ADDITIONS/AMENDMENTS TO 2003 INTERNATIONAL FIRE CODE (Amending Ordinance 46 1) For Group S: **Section 903.2.8; currently reads: 903.2.8 Group S-1. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as Group S-1 occupancies as provided in this section. Amend to read: 903.2.8 Group S-1. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as Group S-1 occupancies as provided in this section. Exception: An automatic fire sprinkler system may not be required in a Group S-1 detached occupancies 1,500 square feet or less in total area if hazardous materials stored in such occupancy do not exceed the exemption levels or reportable qualities, which ever is less. "Section 903.2.9; currently reads: 903.2.9. Exception. The exception is deleted. Amend to read. 903.2.9. Exception. The exception is deleted. Exception: An automatic fire sprinkler system may not be required in a Group S-2 detached occupancies 1,500 square feet or less in total area if hazardous materials stored in such occupancy do not exceed the exemption levels or reportable qualities, which ever is less. For Group U: "Section 903.2.10; currently reads: 903.2.10 All occupancies including Groups R-3 and U were required. An automatic sprinkler system shall be installed in the locations set forth in Sections 903.2.10.1 through 903.2.10.3. Exception: Group R-3 and Group U is deleted. Amend to read: 903.2.10 All occupancies including Groups R-3 and U were required. An automatic sprinkler system shall be installed in the locations set forth in Sections 903.2.10.1 through 903.2.10.3. Exception: Group R-3 and Group U is deleted. Exception: All Group U detached occupancies 1,500 square feet or less in overall space may not be required to have an automatic fire sprinkler system installed if hazardous materials do not exceed the exemption levels or reportable qualities, which ever is less or no living, residential, or sleeping areas are provided in the occupancy.