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1978E20-Fire OrdinanceORDINANCE NO. ~-"~-' ~) AN ORDINANCE OF THE CITY OF SCHERTZ,.TEXAS PROVIDING THAT THE CODE OF .ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED BY REPEALI.~G CHAPTER 7 OF SAID CODE AND REPLACING WITH A REVISED CHAPTER 7; PROVIDING FOR THE ADOPTION OF THE 1974 EDITION OF THE SOUTHERN STANDARD FIRE PREVENTION~CODE; THE OFFICES OF FIRE CHIEF AND FIRE MARSHAL AND THEIR DUTIES; RESCINDING ALL ORDINANCE IN CONFLICT. BE IT ORDAINED BY THE CITY cOuNCIL OF THE CITY OF SCHERTZ, TEXAS: CHAPTER 7 FIRE PREVENTION AND PROTECTION ARTICLE I IN GENERAL Section 7-1 Southern Standard Fire Prevention Code (a) The 1974 edition of the Southern Standard Fire Prevention Code, was adopted by the board of trustees, Southern Code Congress in 1974in Asheville, North Carolina, was specifi- cally adopted as the fire code of the City of Schertz, Texas, and a copy is attached hereto and incorporated herein by reference as though set out completely in detail. A copy of said Southern Standard Fire Prevention Code shall be filed with the City Secretary and maintained in the City Secretary's office of the City of Schertz and all such copies shall be open to public inspection during business hours of said office. (b) Any person who shall violate any of the provisions of the code adopted by Section 7-1 (a) 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 specification 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, or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and non-compliance respectively, be guilty of a misdemeanor punishable as prescribed in Section 1-8 of this Code of Ordinances. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be requi~ed to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. (c) The application of the abOve penalty shall not be held to prevent the enforced removal of prohibited conditions. Section 7-2 Arson Award The City hereby offers a reward of two hundred fifty dollars {$250.00) for the arrest and conviction of any person 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. Section 7-3 through 7-13 Reserved ARTICLE II FIRE DEPARTMENT Section 7-14 Office of Chief created; appointment of Chief. The office of Fire Chief is hereby created, the Fire Chief shall be appointed by the' Mayor with consent of theCity Council. The Board of Directors of theSchertz VOlunteer Fire Department may recommend the succeeding Chief to the Mayor.' Section 7-15 Selection of Assistant Chiefs; Captains and Training Officer (a) (b) The Fire Chief shall select fOur..Assistant. Cbief~.deSigpated by rank: First Assistant, Second Assistant, etc. Subordinate to the Assistant Chiefs shall be four Captains, also appointed by the Chief, also ranked: First Captain, Second Captain, etc. The Chief shall also appoint a Training Officer. The Fire Chief, or in his absence, the highest ranking officer, shall be duly responsible and shall havefull control over the use, care, and maintenance of the fire-fighting equipment of the City of Schertz. The Fire Chief or the person in command shall be responsible for, and have full authority, incident to the construction of fire-training drills. The Training Officer shall be responsible for maintaining a training schedule for the members of the Schertz Volunteer Fire Department. Drills for the members shall be conducted each and every month in accordance with the requirements of the State Board of Insurance. Section 7-16. To Whom Chief and assistant responsible. The Fire Chief. shall bedirectly responsible to the City Manager.. The Assistant Chiefs, Captains, and Training Officer shall be responsible to the Fire Chief. Section 7-17 Assignment of duties to assistant chiefs. The Fire Chief shall have full authority to assign to the Assistant Chiefs, Captians and Training Officer such duties as he may deem appropriate or necessary. Section.7-18 Command at Fires In the event that the Fire Chief is not present.at any fire, the highest ranking Assistant Fire Chief on the sceneshall take command, or the highest ranking Captain if no Assistant Chiefs are on the scene, until a higher ranking officer arrives, who shall then assume command. Section 7-19 (a) The Fire Chief, or the member in command, shall be fully responsible for and shall have full authority and control over all members of the Schertz Volunteer Fire Department and any other citizens or persons present at any fire in the city. (b) The Fire Chief, or the member in command, shall have full authority to restrict access to the vicinity of any fire to such persons as he may deem necessary. (c) The Fire Chief, or member in command, may call the Police Department to request traffic control in the vicinity' (d) In the case of major emergencies (major fires, floods, other natural disasters), reference Ordinance 73-M-8, the Emergency Operations Plan. Section 7-20 through 7-31 Reserved. ARTICLE III FIRE MARSHAL Section 7-32 Office of Fire Marshal created. The Qffice of Fire.Marshal is hereby created. Such office shall be independent of other city departments. The Fire Marshal is appointed by, and is responsible to, the City Manager, and may be removed only for cause. His salary shall be as set by the City Council. Section 7-33 Office of Assistant Fire Marshal created. The office of Assistant Fire Marshal is hereby created. He shall be appointed by and responsible to the Fire Marshal. His duties shall be those delegated to him by the Fire Marshal. SeCtion 7-34 Duty to investigate fires. The Fire Marshal shall investigate the cause, orgin, and circumstances of every fire occuring within the city by which property has been destroyed or damaged, and shall especially make investigations as to whether such fire was the result of carelessness or design. Such investigation shall begin within twenty-four {24} hoUrs, not including Sunday, orany recognized Federal holidays, of the occurance of such fire. Section 7-35 Taking of testimony; administration of oaths. (a) Cb) The fire Marshal, whenin his opinion further investigation is ~necessary, shall take or cause to be taken the testimony, on oath, of all persons supposed ~to be cognizant of any facts or to have means of knowledgein relation to the matter under investigation, and shall cause .the same to bereduced to writing. The Fire Marshal is hereby authorized and empowered to administer oaths and affirmations to any persons appearing as witnesses before him. Section 7-36 Authority to summon witnesses and require production of documents. The Fire Marshal shall have the power to summon witnesses before him to testify in relation to any matter which is, by the provisions of this chapter, a subject of inquiry' and investigation, and may require the production of any book, paper or document pertinent thereto. Section 7-37 Investigations may be private; sequestering witnesses. All investigations held by or under the direction of the Fire Marshal may, at his descretion, be private, and persons other than those required to be present may be excluded from the place where such investigation is held, and witnesses may be kept separate and apart from each other and not allowed to communicatewith each other until they have been examined. Section 7-38 Duty when evidence indicates crime in connection With 'fi-ne. If the Fire Marshal is of the opinion that there is evidence sufficient to charge any person with the crime.of arson, or with the attempt to con, nit the crime of arson, or of conspiracy to defraud, or crimainal con- duct inconnection with any fire, he shall cause such person to be law- fully arrested' and charged withsuch offenses, or'either of them, and shall furnish to.the proper prosecuting attorney all such evidence, together withthe names of witnesses and all ofthe information'obtained by him,.includinga copy of all pertinent and material testimony taken in the case. Section 7-39 Misconduct of witnesses summoned by Fire Marshal. Any witness who refuses to be sworn, or who refuses to appear or testify or who disobeys any lawful order of the Fire Marshal, or who fails or refuses to produce any book, paper or document touching any matter under e×amination, or. Who is guilty of any contemptuous conduct during any of the proceedings of the Fire Marshal in the matter'under investigation or inquiry,, after being summoned to give testimony in relation to any matter under investigation, shall be deemed guilty of a misdemeanor, and it shall be the duty of the Fire Marshal to cause all offenders to be prosecuted. Section 7-40 Inspection of premises; removal or repair of dangerous conditions. It shall be the duty of the Fire Marshal to conduct periodic inspection of all mercantile, manufacturing, and public buildings, together with the premises. Whenever he shall find any mercantile, maufacturing, or public building, or'any other structure, for want of repair, or by reason of age or dilapidated condition, or for any cause is especially liable to fire, and which is so situated as to endanger other buildi~ngs or property, or so.occupied that fire would endanger persons or property therein, and whenever he shall find a non-conforming arrangement of stoves,'ranges, furnaces, or other heatin appliances of any king whatsoever, including.chimney's, flues and pipes with which the same may be connected, or a dangerous arrangement of 1.ighting devices, or a dangerous or unlawful stOrage of explosives, compounds, petroleum, gasoline, kerosi:ne, dangerous chemicals, vegetable~products, ashes, or combustibles and refuse.materials, or other conditions which may be dangerous in character or liable to the firemen or occupants, he shall order the same to be removed or remedied, and such order shall be forthwith complied with by the owner or :. occupant of.such building or premises. If such owner 'or occupant deems himself'aggrieved by such order, he may wit~n ten ()0) days appeal to the Municipal Judge who shall cause the'case to be investigated, and unless by his authority the order is revoked, such order shall remain in force and be forthwith complied with by owner or occupant. Any owner or occupant who fails or refuses to comply with such order shall be deemed guilty of a misdemeanor. Every day's maintenance of any of the conditions covered by such order shall be a distinct and separate offense. Section 7-41 Right of entry in case of fire. The Fire Marshal shall have the authority at all times of the day or night, when necessary in the performance of the dutiesimposed upon him by the provisions of this article, to enter upon and examine any builing or premises where any fiPe has occurred, and other buildings and premises adjoining or near the same, which authority shall be exercised only with reason and. gOod discretion. Section 7-42 Records to be kept. The Fire Marshal shall keep in his office a record of all fires, together with all facts, statistics and circumstances, including the orgin of the fires and the amount of the loss, which may be determined by the investigation requred by this article. Section 7-43 Monthly reports to state fire marshal. At the end of each month, the Fire Marshal shall report to the state Fire Marshal all existing hazardous conditions, together with a separate report on each fire in the city during the month. SectionT-44 though7-54 Reserved. ARTICLE IV Section 7-55 The Chief of the fire department shall have power to modify any of the .provisions of the code adopted by.Section 7-1'upon.application inwriting 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 such code; provided' thatthe spirit of the code shall be observed, public safety.secured, and sub~t~nt~l.ljus~ice-.dohe. The particulars of each such modification, when granted or allowed, and the decision of the chief of the fire department thereon:shall be entered upon the records of the fire department and a signedcopy shall be furnished the applicant. Section 7-56 Whenever the chief of the fire department shall disapprove an application or refuse to grant a permit applied for under the code adopted by Section 7-1, or when' it is Claimed that the provisions of such code do not apply or that the true intent and meaning of suchcode have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief of the fire department to the city council,~within thirty (30) days from the date of the decision appealed. Section 7-57 The section and .the Southern Standard Fire Prevention Code, 1974 Edition, adOpted herein byreference are cumulative of any present ordinance un, less this section and said Southern Standard Fire Prevention Code, 1974 Edition, are in direct conflict therewith,~in.Which~con~ect$on .this section and the Southern Standard Fire Prevention Code, 1974' Edition, shall govern. ARTICLE V Ordinances 25, 29, ll3, 155, 162, 222, 74-C-18, and any other ordinances, or parts of ordinances in conflict are hereby repealed. / PASSED, APPROVEDAND ADOPTED this the -,~/$~'"day of Y~//~I'Y~Y~y~ ATTEST: Y-S6Cret~r.y,tCity of Schertz' (SEAL OF CITY). Mayor, City of Schertz, Texas ORDINANCE NO. ~/'" ~ "'~ AN ORDINANCE DEFINING FIREWORKS; DEFINING TERRITORIAL APPLICABILITY; PROHIBITING THE MANUFACTURE, ASSEMBLY, STORING, TRANS- PORTATION, SALE, OFFER OR HAVE IN POSSESSION WITH THE INTENT TO SELL, USE, DISCHARGE, IGNITE OR OTHERWISE SET IN ACTION: PROVIDING FOR SEIZURE AND DISPOSAL OF FIRE- WORKS; REGULATING PUBLIC DISPLAYS: PROVIDING CERTAIN EXCEPTIONS; PROVIDING PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE; AND SEVERABILITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS. SECTION I This ordinance is, shall be known and may be cited as, the Fireworks Code of the City of Schertz. SECTION II Definition The term "fi'rework§" shall mean and include any combus~-. tible or explosive composition, or any substance or combination of substances, or device prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, firecrackers, torpedoes, skyrockets, roman candles, daygo bombs, sparklers, or other devices of like construction and any devices containing any ex- plosive or flammable compound, or any tablet or other device containing an explosive substance, except that the term "fireworks" shall not include any auto f~ares, paper caps containing not in excess of an average of twenty-five hundredths (.25) of a grain of explosive content per cap, and toy pistols, toy canes, toy guns or other devices for use of such caps. The term "person" shall mean and .include any natural person, association of persons, partnerships, corpo- rations or agent, officer or representative thereof. SECTION III Territorial Applicability This ordinance shall be applicable and in force throughout the City of Schertz corporate limits, and shall also be applicable and in force within the area immediately adjacent and contiguous to the city limits of Schertz and extending for a distance of five thousand (5,000) feet outside the City limits of Schertz. SECTION IV Fire Works Prohibited Except as hereinafter provided, it shall be unlawful for a person to manufacture, assemble, store, transport, sell, offer .or have in possession with intent to sell, use, discharge, SECTION V SECTION VI ignite, or otherwise set in action any fireworks within the 'corporate limits of the City of Schertz, Texas, to include the area immediately adjacent and contiguous to the city limits of Schertz and extending for a distance of five thou- sand {5,000} feet. Seizure and Disposal The Fire Marshall, Fire Chief, Fire Department Officer in Oharge, any Police Officer of the City of Schertz, or any other duly constituted peace officer is empowered to stop the illegal transportation of any fireworks, close any building~ wherein illegal fireworks are contained, and shall seize, take, remove, or cause to be seized, taken or removed, at the expense of the owner/possessor, all fireworks offered or ex- posed for sale, stored, or otherwise held in violation of this ordinance. Such seized fireworks shall be safely des- troyed in a manner applicable to the fireworks involved and will be so destroyed under the direction and supervision of the Fire Marshall, Fire Chief, or the Fire Department Officer in Charge. Public Displays The Fire Marshall, Fire Chief, or Fire Department Officer in Charge, may adopt reasonable rules and re- gulations for the granting of permits for supervised displays of fireworks by municipalities, fair asso- ciations, amusement parks and other applicable organi- zations. Every such display shall be handled by a competent operator licensed and certified by the State of Texas. Such displays shall be of such composition, character, and ~o located, discharged or fired as in the opinion of the Fire Marshall, Fire Chief or Fire Department Officer in Charge, after proper inspection, shall not be hazardous to property or endanger any person or persons. After such privilege shall have been granted, possession and use of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable. be Applications for permits shall be made in writing to the Fire Marshall, Fire Chief, or Fire Department Officer in Charge, at least ten (10} days in advance of of the date of the display. The applicant for such display shall at the time of application file a bond issued by an authorized surety company, conditioned upon the applicants payment of all damages to persons or property which shall or may result from or be caused by such public display of fireworks, or a certificate of insurance evidencing the carrying of appropriate public liability insurance. The amount of such surety bond shall be not less than ten thousand dollars {$10,000.00} and the amount of such insurance shall be not less than twenty thousand dollars{$20,O00.O0}. Co Any fireworks that remain unfired after th~ display is concluded, shall be immediately disposed of in safe manner for the particular fireworks. SECTION VII Exceptions Nothing in this ordinance shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations. SECTION VIII Penalties That any violation of this ordinance is declared to be unlaw- ful and a misdemeanor, and any violation thereof shall be punished by a fine not exceeding two hundred dollars($200.O0). SECTION IX Severability of Parts of Ordinances It is hereby declared to be the intention of the City Council that the sections, pamagraphs, sentences, clauses and phrases of this ordinance are severable and if any phrase, clause, sentence, papagraph or section of this ordinance shall be declared unconstitutional by the valid judgement of decree of any court of competent jurisdiction, such unconstitution- ality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council wi~h- out the incorporation in this ordinance of any unconstitu- tional phrase, clause, sentence, paragraph or section. PASSED, APPROVED, AND ADOPTED THIS the_~day of ~~ , f / MEy~t, C ~of Schertz, Texas x - ATTEST : C~e~cretary, City.of Schertz (CITY SEAL) AN ORDINANCE AN ORDINANCE AUTHORIZING AND DIRECTING THE FIRE CHIEF AND THE DULY APPOINTED FIRE DEPARTMENT PERSONNEL OF THE CITY OF SCHERTZ TO ASSIST AND RECEIVE ASSISTANCE FROM THE FIRE DEPARTMENT PERSONNEL OF CONVERSE; RANDOLPH AIR FORCE BASE; CIBOLO; MARION; UNIVERSAL CITY; BRACKEN; AND NEW BR~UNFELS IN ACCORDANCE WITH THIS ORDINANCE. WHEREAS, various cities in the Randolph Subregion are municipal corporations adjacent to each other or so closely inter- related to each other as to be contiguOus, and WHEREAS, it is to their mutual interest that they assist each other in cases of emergency or other caseS where it is to'their common benefit to suppress fires and to enhance the fire protection for all citiZens, NOW THEREFORE,' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: That, the Fire Chief of the City of Schertz and its duly appointed fire department personnel are hereby authorized and empow- ered to cooperate with, assist and receive assistance from the fire departments of such neighboring cities as who have executed similar Ordinances and which have entered into Mutual Aid Fire Protection Agreements with the City of Schertz. Such mutual assistance to be at such time and under such circumstances as the Fire Chief of the City of Schertz may deem appropriate, and, That, the City Manager is authorized to enter into an agreement for Mutual Aid in Fire Protection with the cities of Converse, Randolph Air Force Base, Cibolo, Marion, Universal City, Bracken, and New B~au~ls. That, this is not to be construed as the creation of a mutual aid fire protection task force but is intended primarily to implement and continue the mutual cooperation and assistance pre- viously extended by the above mentioned cities to each other. PASSED, APPROVED AND ADOPTED on the /9 day of ~~ , 1980. ATTEST: iSe~retar~- ~CITY SEAL) Mayor, .City of Sc~'~rtz, Texas ORDINANCE NO. ~'Y/° ~ ~ ~ AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 7-1 OF SAID CODE TO REFLECT THE ADOPTION OF THE 1979 EDITION OF THE SOUTHERN STANDARD FIRE PREVENTION CODE AND AS SAID CODE IS HEREINAFTER REVISED AND/OR AMENDED; PROVIDING FOR THE ADOPTION OF THE 1980 NATIONAL FIRE CODE AND AS SAID CODE IS HERE- INAFTER REVISED AND/OR AMENDED; AND BY PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I. as follows: That Section 7-1 of the Code of Ordinances of the City of ~Schertz, Texas, be amended so that suCh section shall read "Section 7-1. Southern Standard Fire Prevention Code and the National Fire Code. (a) Adoption. The 1979 edition of the Southern Standard Fire Prevention Code and as said code is hereinafter revised and/or amended, and the 1980 edition of the National Fire Code and as said code is hereinafter revised and/or amended, are adopted as the fire codes of the City of Schertz, Texas, and are incorporated herein by reference as though set out completely in detail. A copy of said SoUthern Standard Fire Prevention Code and said National Fire Code shall be filed with the City SeCretary and maintained in the City Secretary's office of the City of Schertz, Texas, and all such copies shall be open for public inspection during business hours of said office. In their interpretation and,application, the provisions of this ordinance shall be held to be minimum require- ments adopted for the promotion of public health, safety, morale, and general welfare. Whenever the requirements of this ordinance are at variance with the requirements of any'other lawfully adopted rule, regulations or ordinances, the ~equirement that is more restrictive or that imposes higher standards as determined by an appropriate city official shall govern." SECTION II. The provisions of this ordinance shall take effect and be in force immediately upon and after its passage. PASSED, APPROVED AND ADOPTED this the ?~'- day of ~ , 19 ~K] · ~ ~"'"'"'"'-'.~ ATTEST: //~/~iyo.r/Cit~t~f 'S~hectz,~Iexas ~ ~ ~ ~e~~ mtz~ , (SEAL OF CITY)