The URL can be used to link to this page

Home My WebLink AboutORD 1988-010 ORDINANCE NO. 88-10 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, AMENDING CHAPTER 7 OF THE GRAPEVINE CODE OF ORDINANCES BY AMENDING SECTION 7-3 RELATING TO AMENDMENTS TO THE UNIFORM BUILDING CODE; BY AMENDING CHAPTER 11, SECTION 11-40 RELATING TO UNIFORM FIRE CODE; PROVIDING A � SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2, 000 .00) FOR EACH OFFENSE AND A �„ SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING AN ENFORCEMENT CLAUSE; PROVIDING A CONFLICT RESOLUTION CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1 . That Chapter 7 , Section 7-3 of the Grapevine City Code is hereby amended by the addition of the following amendment to the Uniform Building Code, which amendment shall appear as follows : "Section 1210 (a) . Fire warning systems, is amended to read as follows : �,� Section 1210 (a) . Fire warning systems . Every dwelling unit and every guest room in a hotel or lodging house used for sleeping purposes shall be provided with smoke detectors conforming to U.B.C. Standard No. 43-6. In dwelling units, detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes . In an efficiency dwelling unit, hotel sleeping room and in hotel suites, the detector shall be centrally located on the ceiling of the main room or hotel sleeping room. Where sleeping rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located in accordance with approved manufacturer' s instructions. When actuated, the detector shall provide an alarm in the dwelling unit or guest room. When the valuation of an addition or repair to a Group R, Division 3 Occupancy exceeds one thousand dollars ($1, 000 . 00) , or when one or more sleeping rooms are added or created in existing Group R, Division 3 Occupancies, the entire building shall be provided with smoke detectors located as required for new Group R, �"" Division 3 Occupancies. In new construction, required smoke detectors �' shall receive their primary power from the building wiring when such wiring is served from a commercial source. Wiring shall be permanent and without a disconnecting switch other than those required for overcurrent protection. Smoke detectors may be battery operated when installed in existing buildings or in buildings without commercial power. Provided, however, that if a smoke detector powered by battery has been installed in a unit, as that term is defined in Subchapter F of the Texas Property Code, built before September 1 , 1987, a smoke detector powered by alternating current shall be required in said unit if: (a) the interior of the unit is repaired, remodeled or rebuilt at a projected cost of more than two thousand five hundred dollars ($2,500 .00) and the repair, remodeling or rebuilding requires a City building permit; (b) an addition occurs to the unit at a projected cost of more than two thousand five hundred dollars ($2, 500 . 00) ; (c) a smoke detector powered by alternating current was actually installed in the unit at any time prior to September 1, 1987; or (d) a smoke detector powered by alternating current was required by City ordinance at the time of initial construction of the unit. A smoke detector shall be installed in the basement of dwelling units having a stairway which opens from the basement into the dwelling. Such detector shall be connected to a sounding device or other detector to provide an alarm which will be audible in the sleeping area. In addition to the requirements contained herein, all persons, businesses or structures regulated by the Uniform Building Code and the Grapevine Code of Ordinances must also comply with Subchapter F of the Texas Property Code, Sections 92 . 251 through 92 . 262, �'� inclusive, which sections are hereby adopted by the City of Grapevine and are incorporated into the terms of this Code and which shall control over the Code of Ordinances and the Uniform Building Code. " Section 2. That Chapter 11 , Section 11-40 of the Grapevine City Code is hereby amended to read as follows: "Section 11-40 . Code adopted; amendments A. There is hereby adopted by the City, for the purpose of prescribing regulations, governing conditions hazardous to health and to life, that certain 1979 edition of the Uniform Fire Code and further supplements and additions; and it is hereby incorporated herein as fully set out at length herein and from the date on which this section shall take effect, the provisions thereof shall be controlling within the limits of the City. At least one (1) copy thereof is on file in the office of the City Secretary. B. The fire code adopted herein is specifically amended as follows : � Appendix 1-A, Section 6, Smoke Detectors, is amended to read as follows : � 6 . Smoke Detectors . Smoke detectors conforming to U.B.C. Standard No. 43-6 shall be installed in dwelling units and guest rooms of Group R, Division 1 Occupancies and in lodging houses of Group R, Division 3 Occupancies. Detectors shall be centrally located on the ceiling or wall of the main room or sleeping area. Where sleeping rooms are on a upper level, the detector shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located in accordance with approved manufacturer' s instructions . When actuated, the detector shall provide an alarm within the dwelling unit or guest room. The audible alarm shall be no less than seventy (70) decibels in loudness when measured one (1) foot above the bed in the sleeping rooms . Required smoke detectors shall receive their � primary power from the building wiring when such wiring is served from a commercial source. Wiring shall be permanent and without a disconnecting switch other than those required for overcurrent protection. Smoke detectors may be battery operated when installed in existing buildings or in buildings without commercial power in buildings which undergo alterations, repairs or additions regulated by the second paragraph of this section. Provided, however, that if a smoke detector powered by battery has been installed in a dwelling unit, as that term is defined in Subchapter F of the Texas Property Code, built before September 1 , 1987, a smoke detector powered by alternating current shall be required in said unit if: (a) the interior of the unit is repaired, remodeled or rebuilt at a projected cost of more than two thousand five hundred dollars ($2, 500. 00) and the repair, remodeling or rebuilding requires a City building permit; (b) an addition occurs to the unit at a projected "�� cost of more than two thousand five hundred dollars ($2, 500 . 00) ; (c) a smoke detector powered by alternating current was actually installed in the unit at any time prior to September 1, 1987; or (d) a smoke detector powered by alternating , current was required by City ordinance at the time of initial construction of the unit. In addition to the requirements contained herein, all persons, businesses or structures regulated by the Uniform Fire Code and the Grapevine City Code of Ordinances, must also comply with Subchapter F of the Texas Property Code, Sections 92 . 251 through 92 . 262, inclusive, which sections are hereby adopted by the City of Grapevine and are incorporated into the terms of this Code and which shall control over the Code of Ordinances and the Uniform Building Code. " Section 3 . Whenever it is necessary to make an inspection to enforce this ordinance, or whenever the Grapevine Fire Chief � or his authorized representative has reasonable cause to believe that there exist in any herein stated occupancy any condition which makes such buildings or premises unsafe, the chief or his �" authorized representative may enter such occupancy at all reasonable times to inspect the same, provided, that if such occupancy be occupied, he shall first present proper credentials and demand entry; and if such occupancy be unoccupied, he shall first make a reasonable effort to locate the owner or other person having charge or control of the building and demand entry. If such entry is refused, the chief or his authorized representative shall have recourse to every remedy provided by law to secure entry. Section 4. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. � Section 5 . If any conflict exists between a statute of this state, the Grapevine Code of Ordinances or any Uniform Code adopted in the Grapevine Code of Ordinances, the resolution of the conflict shall be governed first by applying the state statute, then the Grapevine Code of Ordinances and then the Uniform Code adopted in the Grapevine Code of Ordinances. Section 6 . Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2, 000 . 00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues . Section 7. The fact that the present fire ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of February � 1988 • ,�*,� APPROVED: � Mayor ATTEST: ity Secreta APPROVED AS TO FORM: � City Attorney � �