G-09-05-14-8E1 - 5/14/2009ORDINANCE NO. 6=0,-- 0 -14 --
AN ORDINANCE AMENDING CHAPTER 3, SECTION 3.1502 AND
CHAPTER 5, SECTIONS 5.102 AND 5.208 AND ADDING SECTION
5.106, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND
ROCK, TEXAS, REGARDING THE FIRE CODE BOARD OF
APPEALS; AND PROVIDING FOR A SAVINGS CLAUSE AND
REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
I.
That Chapter 3, Section 3.1502, Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended by adding
Subsection (3) to read as follows:
3.1502 POWERS AND DUTIES
(3)
The Commission shall have the power and duty to act as the Fire Code Board of
Appeals as set forth in Section 5.106 of this Code.
II.
That Chapter 5, Section 5.102, Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended by adding
Subsection (c.1) and Subsection (s) to read as follows:
(c.1) Section 108 Repealed
(s) Appendix A Repealed
III.
That Chapter 5, Section 5.100, Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended by adding
Section 5.106 to read as follows:
5.106 APPEALS
Whenever any provision regarding Fire Code appeals contained in the most recent edition of
the International Fire Code adopted by the City are in conflict with the provisions of this
Section, the provisions of this Section shall govern.
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(1) Fire Code Board of Appeals
The Building Standards Commission established in Section 3.1500 of this Code, sitting
as the Fire Code Board of Appeals, shall hear all appeals under the Fire Code as set
out below. The procedures established in Section 3.1500 shall be followed except as
provided in this Section.
(2) Subject Matter of Appeal
When the Fire Chief rejects or refuses to approve of the mode or manner of fire
prevention or fire safety proposed to be followed, or materials to be used in the
erection or alteration of a building or structure, or when it is claimed that the
provisions of the Fire Code do not apply or that an equally good or more desirable
form of fire prevention or fire safety can be employed in any specific case, or when it
is claimed that the true intent of meaning of the Fire Code or any of the regulations
thereunder have been misconstrued or wrongly interpreted, the owner of such building
or structure or duly authorized agent may appeal the decision to the Fire Code Board
of Appeals by filing a Notice of Appeal.
This appeal process does not apply to a pending criminal charge.
(3) Notice of Appeal
The Notice of Appeal shall be in writing on a form approved by the Fire Chief and
shall be filed within 10 business days from the date the decision is rendered by the Fire
Chief.
(4) Pending Appeal
A Notice of Appeal shall not stay the decision from which the appeal is taken.
(5) Hearing
The Board, when appealed to, shall conduct a hearing. An appellant shall be entitled to
present evidence in support of the appeal and to cross-examine opposing witnesses.
The Fire Chief or the Fire Chief's designee shall be entitled to present evidence in
support of the Fire Chief's decision and to cross-examine witnesses. The Board shall
make all determinations regarding the admissibility of evidence and credibility of
witnesses and may make reasonable rulings regarding the conduct of the hearing and
the manner in which evidence is presented.
(6) Decision by the Board
After a hearing, the Board shall affirm, reverse, or modify the decision of the Fire
Chief. The Board is only authorized to reverse or modify the decision if it finds that
one or more of the following conditions is satisfied:
(a) The provisions of the Fire Code do not apply to the specific case;
(b) The true intent and meaning of the Fire Code has been misconstrued or
incorrectly interpreted;
(c) The alternate method or material is at least the equivalent of that prescribed in
the Code in quality, strength, effectiveness, fire resistance, durability and
safety; or
(d) The Fire Chief did not have or consider all of the relevant evidence necessary
to make the decision.
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The Board shall have no authority to waive the requirements of the Fire Code. The
decision of the Board shall be final.
IV.
That Chapter 5, Section 5.208, Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended to read
as follows:
5.208 APPEALS
(1) Board of Appeals
The Fire Code Board of Appeals as established in Section 5.106 shall conduct hearings
and make decisions regarding action taken by the city engineer or his designate, upon
the issuance, revocation, suspension, or termination of permits and licenses authorized
by this section.
(2) Handling of Appeals; Distribution of Findings
Any person who has been denied issuance of a permit or license authorized by this
section or who has had a permit or license revoked, suspended or terminated by the
city engineer or his designate, may appeal such action by notifying the chairman of the
Fire Code Board of Appeals in writing within ten (10) calendar days of such action by
the city engineer.
Upon receipt in writing of an appeal pursuant to this subsection, the chairman of the
Fire Code Board of Appeals shall call a meeting within ten (10) days of the receipt of
the appeal and shall notify the applicant in writing of the time and place of the hearing.
Complete minutes shall be taken of all the proceedings of the Fire Code Board of
Appeals, and the findings and decision of the board shall be in writing. The minutes
and decision of the Fire Code Board of Appeals shall be distributed to all members of
the board, to persons appealing to the board and to the city engineer.
V.
That Chapter 5, Section 5.308, Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended to read
as follows:
5.308 FIRE MARSHAL TO MAKE PERIODIC INSPECTIONS AND REPORTS
The fire marshal, upon complaint of any person having an interest in any building or property
adjacent and without any complaint, shall have a right at all reasonable hours, for the purpose
of examination, to enter into and upon all buildings and premises within the city, and it shall be
his duty, annually or more often, to enter upon and make or cause to be entered and made, a
thorough examination of all mercantile, manufacturing and public buildings, together with the
premises belonging thereto. Whenever he shall find any building or other structure which 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 buildings or property therein, and
whenever he shall fmd an improper or dangerous arrangement of stoves, ranges, furnaces or
other heating appliances of any kind whatsoever, including chimneys, flues, and pipes with
which the same may be connected, or a dangerous arrangement of lighting devices or system,
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or a dangerous or unlawful storage of explosives, compounds, petroleum, gasoline, kerosene,
dangerous chemicals, vegetable products, ashes, combustible, inflammable and refuse
materials, or other conditions which may be dangerous in character or liable to cause or
promote fire or create conditions dangerous to the fire fighters 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 said building or premises.
VI.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that
written notice of the date, hour, place and subject of the
meeting at which this Ordinance was adopted was posted and that
such meeting was open to the public as required by law at all
times during which this Ordinance and the subject matter hereof
were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government
Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an
affirmative vote of all the Council members present, the
requirement for reading this ordinance on two separate days was
dispensed with.
READ, PASSED, and ADOPTED on first reading this 11114 day
of , 2009.
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Alternative 2.
READ and APPROVED on first reading this the _ day of
, 2009.
READ, APPROVED and ADOPTED on second reading this the
day of
ATTEST:
SARA L. WHITE, City Secretary
5
, 2009.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
DATE: May 7, 2009
SUBJECT: City Council Meeting — May 14, 2009
ITEM: 8E1. Consider an ordinance amending Chapter 5, Code of Ordinances to establish the
Fire Code Board of Appeals. (First Reading)
Department:
Staff Person:
Justification:
Fire Department
Billy Wusterhausen, Fire Marshal
The current Code of Ordinances states that if someone deems himself aggrieved by an order of the Fire
Chief during an inspection, then the owner or occupant may appeal to the city manager, who shall
investigate the cause of the complaint and determine if the order stands or revokes the order.
An amendment to section 5.208 and the addition of section 5.106 identifies the Building Standards
Commission to serve as the Appeals Board for Fire Code and explosives appeals.
5.102 of the Code of Ordinances adopts the 2006 International Fire Code as the Fire Code for the City
and has an appeals board section spelled out in section 108 and Appendix A which is yet another appeal
board the City must find members to staff. This ordinance, if passed, will remove that from City
Ordinances and put in effect the proposed Appeals Board already in existence.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources:
Background Information:
The adoption of this proposal will remove the sole authority from the City Manager to determine
appeals to the Fire Code. This also will create a more formalized process for appeals to be held.
Public Comment: N/A