NO. 29
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ORDINANCE No.29
Ordi nee No.29AN ORDINANCE ADOPTING A FIRE PREVENTION CODE
PRESCRIBING' REGULATIONS GOVERNING CONDITIONS
HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR
EXPLOt$ION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
No. 29
TEXAS
Sec
Adoption of Fire Prevention Code.
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adopted by the City of Schertz for ~
regulations governing conditio~ardous
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to life erty from fire or explosion, t~~~ertain code
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known as the Fire revention Code, Abbrev~ted Edition, recom-
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the Board of Fi~B~Underwriters, being par-
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ticularly the n t~ereof and the whole thereof, of
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which code not less thaw;t~ ee (3) copies have been and now
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are filed in the o~ice of the lerk of the City of Schertz,
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Texas and th~/s'~me are hereby adop ed and incorporated as fully
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as if se~,'''out at length herein, and f m the date on which this
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nce shall take effect, the
thereof shall be
trolling within the limits of the Cityd Schertz, Texas.
It is als e adopt g ordinance
the time or which a pe it is vali. Where
license are requ red by a m ieipality in ddition to
permit the Fire Prevention Code nd such
licen e eac year, it is sugges ed that
perm s be made vali for n indefinite period. Where
lice ses are not requi ed it is suggested that permits
be made renewable each ear.
Section 2. Enforcement.
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The code hereby adopted shall be enforced by the ~
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M~~l, of the City of Schertz, Texas.
Section 3. Definition.
Wherever., the word "Municipality" is used in the code
hereby adopted, it shall be held to mean the City of Schertz,
Texas.
Section 4. Establishment of Limits of Districts in which Storage
of Flammable Liquids in Outside Aboveground Tanks and Bulk Storage
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of Liquefied Petroluem Gases is to be Restricted.
The limits referred to in section 904a of the code hereby
adopted in which storage of flammable liquids in outside above-
ground tanks is prohibited, and the limits referred to in section
1104 of the code hereby adopted, in which bulk storage of lique-
fied petroluem gas is restricted, are hereby established as
follows: with in the City limits of Schertz, Texas.
Section 5. ~~~ftc~tt~~e. FI~...f ';' e PCjr-rI11l'", T--
ThelFire M..skall shall have power to modify any of the
provisions of the code hereby adopted upon application in wri-
ting by the owner or lessee, or his duly authorized agent, when
there are practical difficulties in the way of carrying out the
strict letter of the code, provided that the spirit of the code
shall be observed, public safety secured, and substantial justice
done. The particulars of such modification when granted or al-
e, h .. 'f f () <f- .,. h -t. F (r-o e 'f) ~ pd rr/YI e...,"'-
lowed and the decision of thejF~~. M.~8kall thereon shall be
entered upon the records of the department and a signed copy shall
be furnished the applicant.
Section 6. Appeals. CJ",~d- ~.J- f~~ Fife Pepd"tWlP",-r
Whenever the/F~~~l shall disapprove an application
or refuse to grant a permit for, or when it is claimed that the
provisions of the code do not apply or that the true intent and
meaning of the code have been misconstrued or wrongly interpreted,
the applicant may appeal from the decision of the Chief of the
Fire Department to the City Council of Schertz, Texas within 30
days from the date of the decision appealed.
Section 7. Penalties.
a. Any person who shall violate any of the provisions
of the code hereby adopted or fail to comply therewith, or who
shall violate or fail to comply with any order made thereunder,
or who shall build in violation of any detailed statement of
specifications or plans submitted and approved thereunder, or
any certificate or permit issued thereunder, and from which no
appeal has been taken, or who shall fail to comply with such
an order as affirmed or modified by the City Council of Schertz,
Texas or by a court of competent jurisdiction, within the time
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fixed herein, shall severally, for each and every such violation
and noncompliance respectively, be guilty of a misdemeanor,
punishable by a fine of not less that $5.00 nor more than $200.00
The ,imposition of one penalty for any violation shall not excuse
the violation or permit it to continue; and all such persons
shall be required to correct or remedy such violations or defects
within a reasonable time; and when not otherwise specified, each
ten days that prohibited conditions are maintained shall constitu e
a separate offense.
b. The application of the above penalty shall not be held
to prevent the enforced removal of prohibited conditions.
Section 8. Repeal of Conflicting Ordinances.
All former ordinances or parts thereof conflicting or
inconsistent with the provisions of this ordinance or of the
code hereby adopted are hereby repealed.
Section 9. Validity.
The City Council of Schertz, Texas hereby declares that
should any section, paragraph, sentence, or word of this ordinanc
or of the code hereby adopted be declared for any reason to be
invalid, it is the intent of the City Council of Schertz, Texas
that it would have passed all other portions of this ordinance
independent of the elimination herefrom of any such portion as
may be declared invalid.
Section 10. Date of Effect.
This ordinance shall take effect and be in force from
and after its passage and adoption by the City Council of Schertz
Texas, and its approval by the Mayor of the said City of Schertz
and its publication as required by law.
Approved January 4, 1960.
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Attest
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City Secretary
M.C.Koch
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