HomeMy WebLinkAboutORD 2006-76 - Elimination Fire Marshal DutiesORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, AMENDING CERTAIN SECTIONS OF
CHAPTERS 2.28, 6.04, 8.04, 8.08, 8.20, 8928, 10.041 10.16, 12.24;
ELIMINATING THE REFERENCES TO THE POSITION OF FIRE
MARSHAL; REPLACING REFERENCES TO FIRE MARSHAL WITH
REFERENCES TO VARIOUS OTHER CITY PERSONNEL
CONSISTENT WITH THE CITY'S CURRENT ADMINISTRATIVE
DIVISIONS AND DEPARTMENTS; REPEALING CONFLICTING
ORDINANCES AND RESOLUTIONS; INCLUDING A
SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City Council deems it necessary to reassign the Fire Marshal
duties to other city personnel as reflected in the attached Exhibit A; and
WHEREAS, the City Council of Georgetown, Texas wants to ensure alignment of
the various reassigned duties to the appropriate Administrative Divisions and
Departments of Chapter 2.08; and
WHEREAS, the caption of this Ordinance has been published in the Williamson
County Sun in compliance with the City Charter of the City of Georgetown.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this Ordinance are
hereby declared to be true and correct, and are incorporated be reference herein and
made a part hereof, as if copied verbatim. The City Council hereby finds that this
Ordinance implements the following Policies of the Century Plan — Policy Plan Element:
10.0 "Georgetown's citizens and businesses enjoy an attractive community with a
unique sense of place and a positive, identifiable image, at a cost which 'is consistent with other
city social and economic priorities."
Further, as required by Section 2/03 of the Administrative Chapter of the Policy Plan, the
City Council hereby finds that the enactment of this Ordinance is not inconsistent with
or in conflict with any other Century Plan Policies.
Elimination of Fire Marshal Duties Ord. No. O 7
SECTION
2: All
Ordinances and Resolutions, or parts of
Ordinances and
Resolutions
that are in
conflict
with this Ordinance are hereby
repealed,
and no longer in
effect.
SECTION 3: If any provisions of this Ordinance or application thereof to any person or
circumstance shall be held invalid, such invalidity shall not affect the other provisions,
or applications thereof, of this Ordinance which can be given effect without the invalid
provision or application and to this end the provisions of this Ordinance are hereby
declared to be severable.
SECTION 4: The Mayor of Georgetown is hereby authorized to sign this Ordinance and
the City Secretary to attest. This Ordinance shall become effective and be in full force
and effecting accordance with the terms of the City Charter.
PASSED AND APPROVED on First Reading on the • day of r�` 2006.
PASSED AND APPROVED on Second Reading on the INX day of rr 2006.
ATTEST:
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
City Attorney
Elimination of Fire Marshal Duties Ord. No.
THE CITY OF GEORGETOWN:
Mayor
EXHIBIT "A"
• • i i •
X a
*Prior ordinance history: Ords. 900120, 900184, 9 -33 and 98 -74. Prior code sections
12- 80-- 12 -90.
Sec. 8.28.010. Definitions.
In this chapter:
"Chief Code Enforcement Officer"
"Designee" — Code Enforcement Officer
Junked vehicle" means a vehicle that is self - propelled and:
1. Does not have lawfully attached to it:
a. An unexpired license plate; or
b. A valid motor vehicle inspection certificate;
2. Is wrecked, dismantled or partially dismantled, or discarded; or
3. Is inoperable and has remained inoperable for more than:
a. 72 consecutive hours, if the vehicle is on public property; or
b. 30 consecutive days, if the vehicle is on private property.
(Ord. 99 -49 § 2 (Exh. A (part)))
Sec. 8.28.030. Public nuisance declared.
A junked vehicle, including a part of a junked vehicle that is visible from a public
place or public right -of -way:
A. Is detrimental to the safety and welfare of the public;
B. Tends to reduce the value of private property;
C. Invites vandalism;
D. Creates a fire hazard;
E. Is an attractive nuisance creating a hazard to the health and safety of minors;
F. Produces urban blight adverse to the maintenance and continuing development of
municipalities; and
G. Is a public nuisance.
(Ord. 99 -49 § 2 (Exh. A (part)))
Sec. 8.28.050. Notification.
A. Whenever any such nuisance is within the City in violation of this chapter, the Chief
Code Enforcement Officer or designee shall order the abatement or removal of the
nuisance. Such order shall:
1. Be in writing;
2. Specify the nature of the nuisance on private property, public property, or on the
public right -of -way, as the case may be, and its location;
3. Specify that the nuisance must be abated and removed not later than the tenth day
after the date on which the notice was mailed;
4. Specify that a request for a hearing must be made before the expiration of the ten -
day period mentioned in subsection (A)(3) of this section;
5. Be mailed by certified mail with a five -day return requested, to:
Elimination of Fire Marshal Duties Ord. No. O `p?
Exhibit "A" Chapters 2.28, 6.04, 8.04, 8.08, 8.20, 8.28, 10.04, 10.16, 12.24
Page 1 of 13
a. The last known registered owner of the nuisance;
b. Each lien holder of record of the nuisance;
c. And the owner or occupant of:
i. The property on which the nuisance is located; or
ii. The property adjacent to the right -of -way, if the nuisance is located on a public
right -of -way.
B. If the post office address of the last known registered owner of the nuisance is
unknown, notice may be placed on the nuisance or, if the owner is located, hand
delivered.
C. If notice is returned undelivered, action to abate the nuisance shall be continued to
a date not earlier than the 11th day after the date of the return. After the expiration of
such ten -day period, the Chief Code Enforcement Officer or designee shall:
1. Obtain a date, time and place of the hearing before the Building Standards
Commission; or
2. Issue a citation and file a complaint in Municipal Court.
D. If an addressee of the notice set out in subsection (A) (5) of this section does not
properly request a hearing, then such failure shall be deemed an admission that the
automobile or part thereof is a nuisance. Further, upon such failure to request a hearing,
the Chief Code Enforcement Officer or designee shall:
1. Obtain a date, time and place of the hearing before the Building Standards
Commission; or
2. Issue a citation and file a complaint in Municipal Court.
(Ord. 99 -49 § 2 (Exh. A (part)))
Sec. 8.28.060. Preliminaries to hearing.
In the event that any party listed under Section 8.28.050(A)(5) desires the
hearing provided for in this chapter, the party shall present such a request in writing to
the Chief Code Enforcement Officer or designee. The Chief Code Enforcement Officer or
designee shall obtain a date, time and place of the hearing before the Building
Standards Commission.
(Ord. 99 -49 § 2 (Exh. A (part)))
Sec. 8.28.070. Conduct of hearing.
When a hearing is before the Building Standards Commission:
A. The Chief Code Enforcement Officer or designee shall notify the applicable party of
the date, time and place of the hearing. Such hearing shall not be held earlier than the
11th day after the date of the service of the notice.
B. The Building Standards Commission shall hear any case brought before it and shall
determine whether the party is in violation of this chapter.
C. At the hearing, the junked vehicle is presumed, unless demonstrated otherwise by
the owner, to be inoperable.
D. Upon finding that such party is in violation of this chapter, the Building Standards
Commission shall order such party to remove and abate such nuisance within ten days.
If the party fails and refuses to remove and abate such nuisance within the allotted time,
the Commission may order the Chief Code Enforcement Officer or designee to have the
same removed from its location. If so ordered, the Chief Code Enforcement Officer or
designee shall take possession of such nuisance and remove it from its location.
Elimination of Fire Marshal Duties Ord. No. 00
Exhibit "A" Chapters 2.28, 6.04, 8.04, 8.08, 8.20, 8.28,10.04f 1016112.24
Page 2 of 13
E. The relocation of a junked vehicle found to be a nuisance to another location in the
City after the hearing before the Building Standards Commission has commenced has
no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new
location.
F. If the information is available at the location of the nuisance, the order requiring
removal of the nuisance must include the vehicles:
1. Description;
2. Vehicle identification number; and
1 License plate number.
(Ord. 99 -49 § 2 (Exh. A (part)))
Sec. 8.28.090. Order for abatement upon conviction.
A. The Judge of the Municipal Court shall hear any case brought before the Court, as
set out in this chapter, and shall determine whether the defendant has violated this
chapter.
B. At the hearing before the Judge of the Municipal Court, the junked vehicle is
presumed, unless otherwise demonstrated by the owner, to be inoperable.
C. Upon finding that the defendant is in violation of this chapter, the defendant shall
be deemed guilty of a misdemeanor punishable by a fine not to exceed $200.00. (See
also Section 1.08.010 of this Code.)
D. The Judge of the Municipal Court shall further order defendant to abate and
remove the nuisance within ten days.
E. If the defendant fails to remove and abate such nuisance within the allotted time,
the Judge of the Municipal Court may order the Chief Code Enforcement Officer or
designee to have the same removed from its location. If so ordered, the Chief Code
Enforcement Officer or designee shall take possession of such nuisance and remove it
from its location. If, after the expiration of the allotted time to remove the nuisance, the
party has not caused or allowed the nuisance to be removed from the premises, the
defendant shall be in violation of this chapter and be subject to an additional penalty for
each day thereafter.
F. The relocation of a junked vehicle found to be a nuisance to another location in the
City after the hearing before the Judge of the Municipal Court has commenced has no
effect on the proceeding if the junked vehicle constitutes a nuisance at the new location.
G. If the information is available at the location of the nuisance, the order requiring
removal of the nuisance must include the vehicles:
1. Description;
2. Vehicle identification number; and
3. License plate number.
(Ord. 99 -49 § 2 (Exh. A (part)))
Sec. 8.28.110. Removal of junked motor vehicles.
A. If within ten days of receipt of notice from the Chief Code Enforcement Officer or
designee, to abate or remove a nuisance, the owner or occupant of the premises gives
his written permission to the Chief Code Enforcement Officer or designee for removal of
the junked vehicle from the premises, the giving of such permission shall be considered
compliance with the provisions of this chapter.
Elimination of Fire Marshal Duties Ord. No. O ' e
Exhibit "A" Chapters 2.28, 6.04, 8.04, 8.08, 8.20, 8.28,10.04,10.16,12.24
Page 3 of 13
B. In no event shall a junked vehicle be made operable or reconstructed after
removal.
C. The Chief Code Enforcement Officer or designee shall give notice to the Texas
Department of Transportation of the removed vehicle not later than the fifth day after the
date of removal.
(Ord. 99 -49 § 2 (Exh. A (part)))
Sec. 8.28.130. Removal from unoccupied premises by order of Building
Standards Commission.
If there is a junked vehicle on premises that are unoccupied and none of the
parties listed in Section 8.28.050(A)(5) can be notified to remove and abate the
nuisance, then, upon a showing of such facts to the Building Standards Commission, the
Commission may issue an order directing the Chief Code Enforcement Officer or
designee to have the vehicle removed, and the Chief Code Enforcement Officer or
designee shall take possession of the junked vehicle and remove it from the premises
under the procedure provided for by this chapter.
(Ord. 99 -49 § 2 (Exh. A (part)))
Sec. 8.28.140. Authority to enforce provisions.
A. The Chief Code Enforcement Officer or designee has full responsibility for
administration of this chapter by regularly salaried, full -time employees of the City,
except that any authorized person may remove the nuisance.
B. The Chief Code Enforcement Officer or designee is authorized to enter private
property to examine a nuisance, to obtain information to identify the nuisance, and to
remove or direct the removal of the nuisance.
C. The Judge of the Municipal Court and the Building Standards Commission in
following the procedures provided in this chapter have the authority to issue all orders
necessary to enforce such procedures.
D. Nothing in this chapter shall be construed to affect ordinances or statutes that
permit the immediate removal of a motor vehicle left on public property which constitutes
an obstruction to traffic.
(Ord. 99 -49 § 2 (Exh. A (part)))
CHAPTER 10.16, PARKING
Sec. 10.16.070. Fire lanes.
2. The Fire Chief, Incident Commander, or Fire Prevention Inspector is authorized to
establish fire lanes during any fire, and to exclude all persons other than those
authorized to assist in extinguishing the fire from within such lanes.
3. The Fire Chief, Fire Plans Examiner or Fire Prevention Inspector is authorized to
establish such other fire lanes as deemed necessary for the safe and adequate
movement of fire trucks and apparatus.
B. Specifications.
4. (a.) The Fire Chief, Fire Plans Examiner or Fire Prevention Inspector is authorized to
designate adequate fire lanes and /or turnarounds to any building when deemed
necessary for fire department access.
Elimination of Fire Marshal Duties Ord. No.
Exhibit "A" Chapters 2.28, 6.04, 8.04, 8.08, 8.20, 8.28,10.04,10.16,12 24
Page 4 of 13
(b.) The Fire Chief, Fire Plans Examiner or Fire Prevention Inspector is authorized to
require an increase in the minimum access widths where they are inadequate for fire or
rescue operations.
(c) The Fire Chief, Fire Plans Examiner or Fire Prevention Inspector may take into
consideration the use and occupancy of the property in marking fire lane and /or
turnaround lane designation. Buildings specifically included in this particular category
include, but are not limited to: schools, churches, hospitals, nursing homes, shopping
centers, and places of assembly.
1. The owner, manager or person in charge of any building or property to which fire
lanes have been approved or required by the Fire Chief, Fire Plans Examiner or Fire
Prevention Inspector shall mark and maintain said fire lanes in the following manner:
2. Signs may be required in lieu of curb markings when necessary at the discretion of
the Fire Chief, Fire Plans Examiner or Fire Prevention Inspector.
D. Fire Lane Signs -- Taw -Away Zone Signs. Appropriate signs shall be posted and
maintained in conspicuous places along such fire lanes stating "No Parking —Fire Lane"
by the owner or person in charge of any building once the fire lanes have been approved
by the Fire Chief, Fire Plans Examiner or Fire Prevention Inspector. Such signs shall be
12 inches wide 18 inches high.
Any "No Parking —Fire Lane" sign shall be painted on a white background with
symbols, letters and border in red. Drawings and samples of such signs may be
obtained from Inspection Services of the City. Standards for mounting, including but not
limited to, the height above the grade at which such signs are to be mounted, shall be as
adopted by the Fire Chief, Fire Plans Examiner or Fire Prevention Inspector for the City
of Georgetown.
F. Abandonment or Closing. No owner, manager or person in charge of any premises
served by a required fire lane shall abandon or close such fire lane without written
permission of the Fire Chief, Fire Plans Examiner or Fire Prevention Inspector of the
City.
H. Modifications. The Fire Chief of the Fire Services Division or Fire Plans Examiner
or Fire Prevention Inspector of the Inspection Services Department shall have power to
modify any of the provisions of this section upon application in writing by the owner of
the property, or his duly authorized agent, when there are practical difficulties in the way
of carrying out the strict letter of this section; provided, that the spirit of this section shall
be observed, public safety secured, and substantial justice done. The particulars of such
modifications when granted or allowed and the decision of the Fire Chief of the Fire
Services Division or Fire Plans Examiner or Fire Prevention Inspector of the Inspection
Services Department thereon shall be entered upon the records of the division and a
signed copy shall be furnished to the applicant.
I. Enforcement -- Issuance of Citations -- Impoundment of Obstructions. The Fire Chief,
or any member of the Fire Services Division designated by the Fire Chief, the Fire
Prevention Inspector, Chief of Code Enforcement or designee, the Police Chief, or any
member of the Police Division designated by the Police Chief are authorized to issue
parking citations for any motor vehicle, trailer, boat or similar obstruction or by having
said vehicle removed by towing it away without further notice. Such vehicle or
obstruction may be redeemed by payment of the towage and storage charges at the
owner's expense.
Elimination of Fire Marshal Duties Ord. No. ° TO
Exhibit "A" Chapters 2.28, 6.04, 8.04, 8.08, 8.20, 8.28, 10.04,10.16,12.24
Page 5 of 13
No parking citations shall be voided nor shall the violator be relieved of any
penalty assessed by a judge of the Municipal Court for any violation of this provision by
the redemption of the obstruction from the storage facility.
J. Submission of Plot Plans -- Duties of Contractors. Prior to the issuance of a building
permit, two plot plans with designated fire lanes shall be submitted to the Inspection
Services Department for review by the Fire Plans Examiner, or Fire Prevention
Inspector. The Fire Plans Examiner or Fire Prevention Inspector will approve or
disapprove the designated fire lanes and indicate the needed signs and pavement
markings. One of these plans shall be retained by the City and the other returned to the
owner for his use.
The contractor or person in charge of any construction site for commercial,
industrial, mercantile, education, instructional, assembly, hotel, motel, multifamily
dwelling, or mobile home park occupancies or for any other development for which the
Fire Plans Examiner or Fire Prevention Inspector deems appropriate, shall provide and
maintain during construction an approved all- weather fire lane, not less than 20 feet in
width, as shown on approved plot plans. Final paving of such fire lane shall be
completed prior to issuance of any certificate of occupancy.
Sec. 8.04.030. Explosives and fireworks; blasting permits.
The Code, Chapter 33 entitled "Explosives and Fireworks" shall be deleted and
replaced with the following:
A. "The possession, manufacture, storage handling, sale and use of explosive,
explosive materials, fireworks and small arms ammunition shall be governed by this
section and Chapter 8.08, "Fireworks "; and by the Code, Chapter 33, whichever shall be
the most restrictive.
B. Permits shall be obtained to use explosives or blasting agents. Permits shall be
issued by the Fire Plans Examiner or Fire Prevention Inspector of the Inspection
Services Department and shall be one of the following classes:
Class A permit: An instrument indicating approval by the Fire Plans Examiner or Fire
Prevention Inspector for the use of explosives at the specified location for a period of 30
calendar days from the date of issuance.
Class B permit: An instrument indicating approval by the Fire Plans Examiner or Fire
Prevention Inspector for the use of explosives at the specified location for a period of
120 calendar days from the date of issuance.
Class C permit: An instrument indicating approval by the Fire Plans Examiner or Fire
Prevention Inspector for the use of explosives at the specified location for a period of
one year from the date of issuance.
Each permit shall be valid only at the location specified, and permits are not transferable
to other locations or other individuals.
C. Permit fees. Permits authorized by this section shall be issued only upon payment
of the appropriate fees as set forth below:
Class A permit: $25.00
Class B permit: $50.00
Class C permit: $100.00.
(Ord. No. 2004 -84, § 2(Exh. A))
Elimination of Eire Marshal Duties Ord. No. ZOeVe
Exhibit "A" Chapters 2.28, 6.04, 8.04, 8.08, 8.20, 8.28, 10.04, 10.16, 12.24
Page 6 of 13
ell
Sec. 8.04.040. Bond required.
Before a permit is issued, the applicant shall file with the Fire Plans Examiner or
Fire Prevention Inspector with the Inspection Services Department a surety bond in the
amounts of $1,000,000.00 covering personal injury and $1,000,000.00 covering property
damage, or a public liability insurance policy in the same amounts, for the purpose of the
payment of all damages to persons or property which arise from or are caused by the
conduct of any act authorized by the permit upon which any legal judgment results.
Public agencies shall be exempt from this bond requirement. The applicant shall be
solely responsible for any and all damages to persons and property which arise from or
are caused by, the conduct of any act authorized by the permit upon which any legal
judgment results, and the city shall be held harmless from any claim for damages to
persons or property.
(Ord. No. 2004 -84, § 2(Exh. A))
Sec, 8.04.056. Liquefied Petroleum Gas (LP -Gas).
D. Authority of the Fire Plans Examiner or Fire Prevention Inspector. It shall be the
duty of the Fire Plans Examiner or Fire Prevention Inspector of the Inspection Services
Department to determine if the provisions of this Section are being satisfactorily
complied with. Any requirement necessary for the protection of the health, safety, and
welfare of the citizens of Georgetown which is not specifically covered by this ordinance
shall be determined by the Fire Plans Examiner or Fire Prevention Inspector.
Sec. 8.04.080. Burning of refuse.
It is unlawful for any person to burn within the City any garbage, trash, brush or
other waste material unless such burning is performed in an incinerator constructed for
that purpose and approved by the Fire Chief of the City. Such approval by the Fire Chief
shall be given in writing and only for the incinerator providing proper protection against
fire to surrounding property and premises and if such incinerator is constructed and
maintained in accordance with the requirements of the Air Pollution Control District
having jurisdiction.
(Ord. No. 2004 -84, § 2(Exh. A))
Sec. 8.04.120. Appeals.
The Code, Chapter 1 "Administration ", Section 108 'Board of Appeals" is hereby
deleted in its entirety and replaced with the following:
For the purpose of Chapter the Board of Appeals, as referenced throughout the Code
shall be known as the Building Standards Commission, as appointed by the City Council
of Georgetown, Texas. The Commission shall hear cases involving appeals, orders and
decisions or determinations made by the Fire Chief, Fire Plans Examiner or Fire
Prevention Inspector, to the application and interpretation of the Fire Code. Reference
shall be made to Chapter 2.64 Building Standards Commission of the Georgetown Code
of Ordinances and the Building Standards Commission By -Laws.
(Ord. No. 2004 -84, § 2(Exh. A))
CHAPTER 6.04, CARNIVALS, CIRCUSES AND OTHER EXHIBITIONS
Elimination of Fire Marshal Duties Ord. No. 400& " f
Exhibit "A" Chapters 2.28, 6.04, 8.04, 8.08, 8.20, 8.28, 10.04, 10.16, 12.24
Page 7 of 13
Sec. 6.04.080. Permit to operate - -Inspection and approval of Chief
Commercial Plans Examiner, Fire Plans Examiner, Fire Prevention
Inspector, and Special Events Committee.
Prior to the issuance of a permit, the Chief Commercial Plans, Fire Plans
Examiner or Fire Prevention Inspector of the City shall determine whether the applicant
has made provision for:
A. Adequate aisle seats, platforms and poles;
B. Sufficient exits, well marked and properly lighted;
C. Lighted and unobstructed passageways to areas leading away from the structure;
D. Removal before the structure is to be used as a place of public assembly of any
pole, rope or other obstruction in aisles or exits;
E. Inspection of the opening of each performance by a qualified electrician to
ascertain if any defects exist in the wiring and provision made for immediate correction
of any defects which may be found, the cost of inspection to be borne by the applicant;
F. Sufficient first aid fire appliances to be distributed throughout the structure with
operating personnel familiar with the operation of such equipment available and
assigned during the use of such structure as a place of assembly;
G. Sufficient "No smoking" signs visible at all times;
H. An employee at each entrance to require the extinguishing of all cigarettes, cigars
and other smoking materials before allowing entry;
I. Announcement at frequent intervals to the persons in the assembly of the fact that
smoking within the structure is prohibited;
J. Any use of open flames is prohibited;
K. The clearing of straw, dry grass, sawdust or any combustible trash from the
structure before it is open to the public and arrangements made to keep the area where
the debris may be expected to accumulate well serviced, especially under open seats;
L. Proper facilities for calling the City Fire Services Department;
M. Such special fire equipment of the City to attend at such structure during its use as
a place of public assembly as the Fire Plans Examiner or Fire Prevention Inspector may
decide is necessary for proper fire protection;
N. The attendance of such special police officers and firemen as the Fire Prevention
Inspector may deem necessary for the control of persons in the assembly, to prevent
overcrowding, obstruction of aisles and exits and such other control as may be
necessary to render the occupation of such structures by the public safe, the cost of
which will be borne by the applicant;
0. The tent and canvas parts of the structure and all combustible decorative
materials, including curtains, acoustic materials, streamers, cloth, cotton batting, straw,
vines, leaves, trees and moss are to be rendered fireproof, the cost of which is also to be
borne by the applicant;
P. If the Chief Commercial Plans Examiner and the Fire Plans Examiner or Fire
Prevention Inspector of the City finds that the provisions of this section are complied with
and met in all respects by the applicant, he shall issue his approval for the applicant to
direct or maintain such structure, conditioned upon reasonable limitations and
requirements as he may deem necessary for the safety of persons and property.
(Prior code § 16 -92)
Elimination of Fire Marshal Duties Ord. No. ' Wo
Exhibit "A" Chapters 2.28, 6.04, 8.04, 8.08, 8.20, 8.28, 10.04, 10.16, 12.24
Page 8 of 13
Sec. 6.04.100. Permit to occupy premises.
Prior to commencement of activities and business, the permittee shall comply
with the following:
A. Inspection. Upon completion of the structure, the same shall not be used as a place
of assembly until the Building Inspector and Fire Prevention Inspector has inspected the
entire premises upon which the structure is located;
B. Issuance of Permit. If the Building Inspector and Fire Prevention Inspector finds
that all of the limitations and requirements of the permit and this chapter have been
complied with and the structure has been erected in accordance with the plans and
specifications submitted with the application, a certificate of occupancy can be issued by
the Building Official to occupy the premises, which is in addition to the permit described
in Sections 6.04.020, et seq., above;
C. Both Permits Required. It is unlawful for any person to cause or permit the
occupancy of such structure as a place of assembly without the issuance of both permits
as provided for in this chapter.
(Prior code § 16 -94 (1) - -(3))
Sec. 6.04.110. Revocation of permit.
If the Building Inspector or Fire Prevention Inspector finds that the structure or
the premises on which it is located is being maintained in violation of any of the
provisions of the permit to erect or maintain or any of the provisions of this chapter or in
such a manner as to constitute a fire hazard, he /she may revoke the first such permit
provided for in this chapter.
(Prior code § 16 -94 (4))
Sec. 6.04.120. Appeal of revocation.
Any person, firm or corporation whose permit to occupy has been revoked, as
provided in Section 6.04.110, may, within ten days after the receipt of a notice thereof,
appeal to the Building Standards Commission for a hearing thereon and the decision of
the Building Standards Commission in this regard shall be final. If no appeal is taken
within ten days, as provided in this section, the action of the Building Inspector or Fire
Prevention Inspector shall be final.
(Prior code § 16 -94 (5))
CHAPTER 2.28. FIRE DEPARTMENT*
*Editor's note: Ord. No. 2001 -75, § 2, adopted December 11, 2001, repealed and
reenacted ch. 2.28 to read as herein set out. Formerly, ch. 2.28 pertained to similar
subject matter and derived from Ord. No. 97 -20, § 2(part) and Ord. 900144, § 2 Exh. A
(part): prior code §§ 11- 1-- 11 -13, 11 -20.
Sec. 2.28.050. Reserved
Elimination of Fire Marshal Duties Ord. No. ° V
Exhibit "A" Chapters 2.28, 6.04, 8.04, 8.08, 8.20, 8.28, 10.04, 10.16, 12.24
Page 9 of 13
D. Deleted entirely
Sec. 2.28.100. Investigations of hazardous materials releases.
The Fire Chief, Incident Commanders, or Fire Prevention Inspector is authorized to
investigate the cause, origin and circumstances of unauthorized releases of hazardous
materials.
(Ord. No. 2001 -75, § 2)
Sec. 2.28.110. Non - residential building and construction plans.
A. Plans for non- residential construction work for which Inspection Services approval
is required shall be submitted to Inspection Services at the time of the permit application
and the construction shall be subject to inspection. All development submittals must
state, in writing, that all portions of the development/construction will follow the
appropriate codes and ordinances of the city.
B. Such construction work shall remain accessible and exposed for inspection
purposes until approval by Inspection Services. It shall be the duty of the permit
applicant or the contractor or both to cause the work to remain accessible and exposed
for inspection purposes. Neither an employee of the Inspection Services Department nor
the City shall be liable for expense entailed in the removal or replacement of any
material required to allow inspection or for the correction of deficiencies discovered
during the inspection.
C. Approval as a result of an inspection shall not be construed to be an approval of a
violation of the provisions of this code or other ordinances of the jurisdiction. Inspections
presuming to give authority to violate or change the provisions of the International Fire
Prevention Code or of other ordinances of the jurisdiction shall not be valid.
D. There shall be no occupancy of any structure until the Inspection Services
Department has authorized the issuance of a certificate of occupancy.
E. Any deviation from or noncompliance with any Code requirements, whether or not it
is noted in the review plans, the permitting process, or certificate of occupancy issuance,
must be brought into compliance.
(Ord. No. 2001 -75, § 2)
Sec. 2.28.130. Non- residential fire sprinkler system installations and
modifications.
A. No non - residential fire sprinkler system installations or modifications shall take
place without the notification and approval of the Fire Plans Examiner or Fire Prevention
Inspector. Fire Sprinkler plans are required before approvals will be granted.
CHAPTER 8.08. FIREWORKS
Sec. 8.08.030. Declared public nuisance -- Enforcement.
The presence of any fireworks within the jurisdiction of the City in violation of this
chapter is declared to be a common and public nuisance. The Fire Chief, Assistant Fire
Chief, Fire Incident Commander or Fire Prevention Inspector is directed and required to
seize and cause to be safely destroyed any fireworks found within the jurisdiction in
violation of this chapter, and any member of the Fire Services Division, Fire Prevention
Elimination of Fire Marshal Duties Ord. No.
Exhibit "A" Chapters 2.28, 6.04, 8.04, 8.08, 8.20, 8.28,10.04,10.16,12.24
Page 10 of 13
Inspector of Inspection Services or any police officer of the City or any other duly
constituted peace officer is empowered to stop the transportation of and detain any
fireworks found being transported illegally or to close any building where any fireworks
are found stored illegally until the Fire Chief, Assistant Fire Chief, Fire Incident
Commander or Fire Prevention Inspector can be notified in order that said fireworks may
be seized and destroyed in accordance with the terms of this chapter. Notwithstanding
any penal provision of this chapter, the City Attorney is authorized to file suit on behalf of
the City or the Fire Chief, Assistant Fire Chief, Fire Incident Commander or Fire
Prevention Officer for injunctive relief as may be necessary to prevent unlawful storage,
transportation, keeping or use of fireworks within the jurisdiction of the City and to aid the
Fire Chief, Assistant Fire Chief, Fire Incident Commander or Fire Prevention Officer in
the discharge of their duties and to particularly prevent any person from interfering with
the seizure and destruction of such fireworks, but it shall not be necessary to obtain any
such injunctive relief as a prerequisite to such seizure and destruction. The Fire Chief,
Assistant Fire Chief, Fire Incident Commander, or Fire Prevention Inspector is
authorized to enter any building where the unlawful presence of fireworks is suspected in
order to inspect the same for the presence of such fireworks, in accordance with the
provisions of Section 2.32.040 of this code.
(Ord. 900210 § 2 (c); prior code § 11 -54)
CHAPTER 8.20, NUISANCES
Sec. 8.20.095. Abatement by City forces.
B. Abatement by City Forces. If any person of a notified violation of this chapter fails
or refuses to comply with the requirements of the Chief Code Enforcement Officer, or
designee, as specified in such notice within seven days after notification in accordance
with this chapter, the City may enter upon the property and perform such work or make
such improvements as are necessary to abate the nuisance, or cause the same to be
done, and charge the expenses incurred in doing such work or having such work done
or improvement made to the owner of such property. All expenses incurred by the City in
performing such work, including and legal and administrative expenses, shall be charged
to the owner of the property.
Sec. 8.20.100. Weeds and objectionable or unsightly vegetation prohibited.
A. Height Limitation.
1. It is unlawful for any person owning, claiming, occupying or having supervision or
control of any real property within the City limits or within 150 feet thereof to permit
weeds, grass, brush or any objectionable or unsightly vegetation to grow or accumulate
on any such real property within 100 feet of any property line or within 50 feet of any
structure. It shall be the duty of such person to keep the area from the line of his
property to the curb line adjacent to it free and clear of all such weeds, grass, brush or
objectionable or unsightly vegetation. "Objectionable or unsightly vegetation" includes all
weeds and grasses which exceed 12 inches in height upon any undeveloped tract or
acreage, or exceed six inches in height within any developed acres. "Developed areas"
shall include all property which has existing structures located on it or on which a final
plat for the property has been filed with the County Clerk of Williamson County.
Elimination of Fire Marshal Duties Ord. No. t
Exhibit "A" Chapters 2.28, 6.04, 8.04, 8.08, 8.20, 828,10.04,10.16,12.24
Page 11 of 13
2. Regardless of the provisions of this section, the Chief Code Enforcement Officer or
designee is authorized to abate any weeds, grass, brush or objectionable or unsightly
vegetation when he deems it to constitute an immediate hazard.
Sec. 8.20.105. Additional authority to abate dangerous weeds.
A. The City may abate, without notice, weeds that:
1. Have grown higher than 48 inches; and
2. Are an immediate danger to the health, life or safety of any person.
B. Not later than the tenth day after the date the City abates weeds under this section,
the Chief Code Enforcement Officer or designee, shall give notice to the property owner
in the manner consistent with Section 8.20.095(A).
D. The Building Standards Commission shall conduct a hearing on the abatement of
weeds under this section if, not later than the 30th day after the date of the abatement of
the weeds, the property owner files with the Chief Code Enforcement Officer or designee
a written request for a hearing.
E. The hearing conducted under this section before the Building Standards
Commission shall be conducted not later than the 20th day after the date a request for a
hearing is filed. The owner may testify or present any witnesses or written information
relating to the City's abatement of the weeds. The Chief Code Enforcement Officer or
designee may present evidence on the condition of the property.
F. After the hearing conducted in accordance with this section, the Building Standards
Commission may uphold, modify, or overturn the actions of the Chief Code Enforcement
Officer or designee.
CHAPTER 2.32, BUILDING OFFICIAL
Sec. 2.32.040. Right of entry for inspection.
Whenever necessary to make an
inspection to enforce any
provisions of
this
code, or whenever the Building Official has reasonable cause to believe that there exists
in any building or upon any provision any
condition or code violation
which makes
any
building or premises unsafe, dangerous
or hazardous, the Building
Official and
may
enter such building or premises within the
provisions of current Texas
State Law for
right
of entry upon the premises for the purpose of inspection and examination of violations
pursuant
to
the
requirements of this code.
Sec. 2.28.040. Fire Marshal.
Deleted entirely
CHAPTER 12.24, EVENTS AND CELEBRATIONS*
Sec. 12.24.032. Membership of the events committee.
The following City of Georgetown Staff members shall serve as permanent
members of the Events Committee:
A. The Assistant Fire Chief of the City of Georgetown or his /her designee (chair);
B. The Permit Technician of Inspection Services (facilitator);
C. The Special Operations Lieutenant for Police Services, or his /her designee;
D. The Streets Superintendent, or his /her designee; and
E. The Parks Superintendent, or his /her designee.
Elimination of Fire Marshal Duties Ord. No. C ..
Exhibit "A" Chapters 2.28, 6.04, 8.04, 8.08, 8.20, 8.28, 10.04, 10.16, 12.24
Page 12 of 13
(Ord. No. 2003 -75, §§ 2, 3(Exh. A))
CHAPTER 15.16. ELECTRICAL CODE
Sec. 15.16.050. When wire is to be disconnected.
A. In time of fire, severe weather conditions, or other emergency, where in the safety
of lives or property may be endangered by the continued operation of electrical service
wires or apparatus providing electrical current, such may be ordered disconnected by
the City Electrical Department, the Mayor, the City Manager, Fire Chief, Incident
Commander, Emergency Operation Coordinator, the Building Official, the Inspection
Services Staff or the Chief of Police. Any such order shall be binding on every person
owning or controlling such wire or apparatus and such wires or apparatus as may be
designated by any of the above authorized officials shall be promptly disconnected and
left disconnected until authorization from the City Building Official or designee is given to
the electrical utility company for reconnection
CHAPTER 10.04, TRAFFIC REGULATIONS GENERALLY
Sec. 10.04.030. Flammable liquid transport and parking restrictions.
C. Vehicles used to transport flammable or combustible liquids and hazardous
chemicals shall not be parked or garaged in any building or near any building other than
those specifically approved for such use by the Fire Plans Examiner or Fire Prevention
Inspector of the Inspection Services Department.
Elimination of Fire Marshal Duties Ord. No.
Exhibit "A" Chapters 2.28, 6.04, 8.04, 8.08, 8.20, 8.25,10.04,10.16,12.24
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