HomeMy WebLinkAbout03635 ORD - 01/06/1954N OR) MINCE NO. 3635
PROVIDING FOR THE ESTABL I SHkENT OF COUNCIL OF F I R'L
PRi =VEPdT I OfJ; PROVIDING OF" I CL1,S THEREFOR; DEF 1 N I NG
THEIP PO4dERS AND DUTIES; „DOPTING , FIRE PREVENTION
CODE, KfNObfN -.S THE FIRE PREVEN T I Oi, CODE, RECOiMiMENDED
,jY THE N..T I OIJ�.L BO: -.RD OF FIRE UNDE—Ft R I TERS, BE I ,IG
?1�.RTICUL..RLY THE 1553 EDITION THEREOF; PROVIDING
PEN,1 IES FOR THE VIOLATION THEREOF: REGUV,.TING THE
CONVERSION OF SU I LD I!,1GS FOR, TIME USE OF OCCUR .i HCY OF
NU?SER i ES, CUM; LESCENT I-V ir_S S „ND HUMES FOR THE - GED;
PROH 1 3 I T I I IG GUESTS FROI1 SPS01C I NG RESULTING IN F 1 RE;
E PRESSLY IREPEE�L I PIG I N ITS ENTIRETY ORD I N -,iICE N0.
1713, RECORDED IN VOLUME 11! s l>.T PAGE 86 OF THE ORDINr,NCE
;,HD RESOLUTION RECORDS OF THE CITY OF CORPUS CHRISTI,
REPE;,L I NG .1LL FORMER ORD i N;,NCES OR P <,RTS THE EOF C0A-
FL T d I TH THE PROVISIONS OF THE CODE
HEN-1-3Y .-,DOPTED:AND EST'- ,BLISHING FIRE L1r1IT3.
Sc I T OR.O. -. I NED BY THE
CITY CGUilC I L 0 THr C I lY OF CORPUS CHRIST],
(A) CO U;,:CIL OF FIRE P; IEVEHTI ON' IS HEREBY ESTAOL IS: "IED FOR TFIE_
CITY OF CORPUS CHRISTI, TEXAS, WHICH SAID COUNCIL SHALL COIJSIST OF A CITY
FIRE i At;SHAL AND SI)< OR MORE OTHER PERSOWS. THE FIRE MARSHAL CF THE CITY
OF CORPUS CI;RI STI SHALL DE EX OFFI r IC CHI E', OF THE SAID COUNCIL O FIRE
PF.EVEPoTI ON. THE: OTHER IEMLERS OF SAID COUNCIL OF F1 PE PFiEVENTI ON 5HAL1_ SL
RESIDENT ADULT CITIZEN5 OF THE CITY OF CORPUS CHRISTI, TEXAS, WHO SHALL HL
APPOI IITEJ TO SAID COUNCIL OF FIRE R,EVENTIO-1 B5' THE CITY COUNCIL AND SHALL
HOLD OFFICE AT THE PLEASURE OF SAID CITY COU;ICIL. SAID COUNCIL OF FIRE P; ?E—
VENTION SH.A'. -L SERVE IN All ADVISORY CAPACITY TO THE IRE MARSHAL AND CHIEF OF
THE FIRE DEPART;,IENT. :,AID CC) U ?!CII_ SHAD_ MEET FROM TINE TO' TI: =1E AND `4AY MAKE
RECOHMZNDATIONS TO THE FIRE HAP.SHAL, CHIEF OF THE FINE DEPARTMENT, CITY
COUIiCI I CITY PL AbINl D16 AND [OPII N6 i:OL1MISSI ON FOR TFIE REDUCTION OF FIRE
HAZARDS IN THE CITY OF CORPUS CHRISTI AND FOR THE SAFETY OF ITS CITIZENS.
THE ihEi ✓,BEf?S OF SAID COUNCIL OF FIRE REVENTIOI•I, OTHER THAN THE FIRE YIARSHAL,
SHALL SE;?VE WITHOUT COI:PLHSATIOH.
(3) TH� OFFICE OF FIRE JA;.SkAL OF THE CITY OF CORPUS CHRISTI,
TEXAS, IS r --RE--Y CONTINUED IN EFFECT. THE FIEF 'I.ARSHAL SHALL GE UNDER TFIE
SUPERVISION OF 711E FIRE CHIEF AI:D THE DIRECTOR IF PUBLIC SAFETY, AS PROVIDED
DY THE CITY CHARTER OF THE CITY O;” CORPUS CHRISTI, TEXAS, TO WHICH ^EFERENCL
IS HERE MADE FOR ALL PERTINENT PURPOSES.
335
(C), The office of Fire Chief of the City of Corpus Christi, Texas,
is hereby continued in effect, The duties of such Fire Chief shall be as set
out in the City Charter of the City of Corpus Christi, Texas,
11
It shall be the duty of the Fire Marshal, his deputies and the Bureau
of.Fire Prevention mentioned in the code hereby adopted v Section N hereof to
enforce all laws and ordinances covering the following.
1. The prevention of fires,_
b� 2. The storage and use of explosives and inflammables,
3. The i- nstallation and maintenance of automatic and other fire alarm
systems, and fire extinguishing equipment,
4. The maintenance and regulations of fire escapes,
5, The means and adequacy of exit in case of fire, from factories, school,
lodging houses, asylums, hospitals, churches, halls, theatres, amphitheatres, and
all other places in which numbers of persons work, live or congregate, from time
to time, for any purpose,
6. Parking near fire hydrants,
7. Unauthorized use of fire hydrants,
8. The investigation of the causes, origin and circumstances of fires,
The said Fire Marshal and his deputies shall have such other powers and perform
such other duties as set out an other sections of this ordinance, and other ordinances
Of Corpus Christi, and as may be conferred and imposed from time to time by law,
llIl
(A) The City Attorney, upon the request of the Fire Marshal, shall assist
said Fire Marshal and his deputies in the investigations of any fire which, in the
opinion of the Fare Marshal, might have resulted from carelessness or design,
(B) The Fire Marshal, when in his opinion further investigation as to
the cause of any fire is necessary, shall take, or cause to be taken, the testimony
under oath of all persons supposes[ to be cognizant of any facts or to have means
of knowledge in relation to the matter under investigation, and shall cause the
same to be reduced to writing, and if he shall be of the opi -pion that there is
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evidence sufficient to charge any person with the crime of arson, or with an
attempt to commit the crime of arson, or of conspiracy to defraud, or criminal
conduct in connection with such offenses or either of them, then, in that event,
he shall furnish to the proper prosecuting attorney all such evidence, together
with the frames of witnesses and all of the information obtained by him, includ-
ing a copy of all of the pertinent and material testimony taken in the case.
(C) The Fire Marshal shall have the power to summon and compel the
attend of witnesses before him to testify in relation to any matter which is,
by the provisions of this ordinance, a subject for nnggiry and investigation,
and he may require the production of any book, paper or document deemed perti-
nent thereto. The said Fire Marshal is hereby authorized and empowered to
administer oaths and affirmations to any persons appearing as witnesses before
him, and false swearing shall be punished as such, Any witness who refuses to
be sworn, or who refuses to testify, or who disobeys any lawful order of said
Fire Marshal, or who fails or refuses to produce any book paper or document touch-
ing any matter mrder examiffatsoic, or iwho is guilty of any contemptuous conduct
after being summoned to give testimony in relation to any matter under investiga-
tion, as aforesaid, shall be deemed guilty of violating this ordinance and subject
to the penalties hereinafter provided, It shall be the duty of the Fire Marshal
to make complaint against said person or persons so refusing to comply with the
summons or order of said Fire Marshal before the Corporation Court of the City of
Corpus Christi, Texas,
1V
There is hereby adopted by the City Council for the purpose of prescrib-
ing regulations governing conditions hazardous to life and property from fire or
explosion, that certain code known as the Fire Prevention Code recommended by the
Natioaai Board of Fire Underwriters, being particularly the 1953 edition thereof
and the whole thereof, save and except such portions as are hereinafter deleted,
modified or amended (by Section 5 of this ordinance), of which code not less than
three (3D copies have been and now are filed In the office of the City Secretary
of the City of Corpus Christi, Texas and the same are hereby adopted and in-
corporated as fully as if set out at length herein, and from the date on which
this ordinance shall take effect, the provisions thereof shall be controlling
within the limits of the City of Corpus Christi, Texas.
/. V
(A) Wherever the word "municipality" is used in the Fire Prevention
Code, it shall be held.to mean the City of Corpus Christi,,Texas,
(B) Wherever the words 'Chief of the Bureau of Fire Prevention" are
used in the Fire Prevention Code, it shall be held to mean the Fire Marshal,
(C) Wherever the words "Bureau of Fire Prevention" are used in the
Fire Prevention Code, -it shall be held to mean the Fire Marshal and his deputies,
(A) The limits referred to in Section 15,201 of the Fire Prevention Code,
in which storage of flammable liquids an outside above ground tanks is permitted,
are hereby established as that area now zoned or that may hereafter be zoned "Heavy
✓j ''Industrial", then only by Special.Council Permit,
(B) The limits referred to in Section 15,401 of the Fire Prevention Code,
in which new bulk plants for flammable liquids are permitted, are hereby established
as that area now zoned or that may hereafter by zoned "Heavy Industrial" then only
by Special Council Permit,.
(D) The group A tanks listed in Section 15,202 of the Fire„Prevention Code,
on page 67 thereof shall be limited in "Product Stored" to refined products only.
The group C tanks listed in Section 15,202 of the Fire Prevention Code,
on page 67 thereof shall be construed to include crude petroleum and crude pz ®ducts
or any others subject to boil over,
(E) The storage of flammable liquids shall be outside buildings, not under-
ground tanks or above ground tames, except that the storage in tanks above ground
and outside buildings is prohibited within the following limits,
STORAGE TANKS -. St ®rate ]dust Be Outside Buildings,
r /
Except as otherwise permitted in this ordinance, the storage of flammable
liquids shall be outside buildings, in underground tanks or above ground tanks,
except that the storage in tanks above ground and outside buildings is prohibited
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within the following limits.
Beginning at a point where Morgan Street extended to the East meets
Corpus Christi Bay, theme North along the shoreline of Corpus Christi Bay to
the Ship Channel; thence west along the South Shore of the Ship Channel to the
Western Boundary of Mesquite Street-, thence west and south along said Western
Boundary of mesquite Street to the North Boundary of Taylor Street-, thence west
along the North Boundary of Taylor Street across Lower Broadway Street and thence
west along the Northern Boundary of Upper Broadway Street to Buffalo Street-, thence
west along the northern boundary of Buffalo Street to Port Avenue, thence south along
Port Avenue to Morgan Street-, thence east alang the South Boundary of Morgan Street
thence east along the South Boundary of Morgan Street to a point. where Morgan Street
extended meets the shoreline of Corpus Christi Bay, the said point being the place
of beginning,
Provided that for existing tanks within such limits, which are properly
safeguarded and do not involve a hazard to other property, a permit shall be
granted.
VII
The Director of Public Safety, the Fire Chief and the Fire Marshal, acting
together, shall have power to modify any of the provisions of the Fire Prevention
Code upon application in writing by the ownex 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. Such modification shall only be applicable
upon the unanimous approval of the Director of Public Safety, the Fire Chief and the
Fire Marshal in writing. The particulars of such modification when granted or allowed
by such unanimous approval shall be entered into the records of the Fire Marshal and
a signed copy shall be furnished the applicant.
VIII
Regulating the Conversion of Buildings for the Use and Occupancy of
Nurseries, Convalescent Homes for the aged.
(a) For the purpose of this Code, the terms "Nursery ", Convalescent
Home" and "Home for the Aged" shall be defined as follows.
A "Nursery" shall be deemed to mean an establishment where children under
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6 years,of age are kept during the daytime while parent or parents are at work or
otherwise engaged or when 4 or more children under 6 years of age are lodged at
a stipulated rate of pay. Such an establishment may be privately operated and
supported by fees charged for the service, or it may be an establishment owned
and operated by the municipality.
A "Convalescent flome°°_shall be deemed to mean a privately operated
establishment devoted to-the care of persons during the recuperative stage of
an illness. This definition shall not be construed to imply or permit the
Practice of general hospital functions such as major surgical operations, or
the rendering of service beyond nursing care.
A "Home for the Aged' shall he deemed to mean an establishment devoted
to the general care and maintenance of old people. Such establisbments may also
supply inmates with the type of service -rendered by the convalescent home.
(B) Except as hereinafter provided, no dwelling or other building of
other than fireproof construction or semi-fl-reproof construction, with all
vertical openings suitably enclosed, shall be occupied and used as a nursery,
convalescent home or home for the aged, unless the following provisions are
complied with.
(C) No building for any of the purposes mentioned in Section 2 shall
exceed a height of 3 stories and attic. No such building shall have window
openings within 10 feet of any other non- fireproof building.
(D) No building not of fireproof construction or semi-fireproof con-
struction shall be used above the first story for the housing of patients,
inmates, convalescents or otherwise, not for occasional sleeping purposes in
connection with the occupancy of such buildings for day nursery or other pur-
poses, unless such non - fireproof buildings are -in eacb case protected through-
out by a standard wet -pipe system of -automatic sprinklers.
(E) -Non- fireproof buildings shall have all vertical openings, such
as stairways, laundry chutes and dumbwaiter shafts, extending to cellar or base-
ment and between occupied floors enclosed in partitions consisting of 2`° x 4"
wood studs protected on both sides with -not less than 3/4" of element or gypsum
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plaster on metal or gypsum lath. or in lieu thereof any form of construction
affording equal resistance to fire. The door openings in such partitions shall
be protected by Class B fire doors listed by Underwriters' Laboratories, Inc.,
and equipped with reliable self - closing devices. The cellar or basement
ceiling of such non - fireproof buildings shall be protected by construction
equal in fire resistance to 3/4" of cement or gypsum plaster on metal or gypsum
piaster on metal or gypsum lath,
(F) Every room used for sleepiag purposes shall provide a minimum
of 50 square feet per person, with a ceiling -height of not less than 7 feet,
(G) Every building occupied above the first floor shallhave at least
two stairways extending between first floor and any occupied floor. Where
this is not feasible one means of egress may be an outside ramp or stairway,
(H) The beating of buildings act -apied for the purposes regulated
employing central heating plants with installation such as to safeguard the
inherent fire hazard. The use of portable heaters of any kind is hereby pro-
hibited. Lighting shall be restricted to electricity,
(I) The use of attics or basements for the storage of unnecessary
combustible material shall be prohibited,
(J) At least one fire extinguisher of type suitable for use on Class A
fires shall be provided in each story and in the basement, or these areas shall
be protected by 1 inch or i ', inch hose attached to suitably located gated out-
lets,
(K) No building shall be used for any of the purposes mentioned in
Section 1 of this code without first securing a license. Application for license
shall be made on the form provided for this purpose and filed with the Inspection
Section. The license shall be issued by -the inspection Section following an
inspection of the premises and approval of same by the Building Inspector, Chief
of the Fire Department and Health Officer,
(L) Every buiidimg coming within the scope of this Code shall be in-
spected at least every 3 months by the Chief of the Fire Department and the Health
Officer, or their authorised representatives, in order to insure proper compliance
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WITH THE PROVISIONS OF THIS CODE.
ix
ANY PERSON WHO AS A GUEST OR OCCUPANT OF ANY HOTEL, ROOMING
HOUSES TOURIST COURT, MOTEL OR ANY OTHER PLACES RENTING ROOMS FOR THE
ACCOMODATION OF THE PUBLIC, SHALL BY SMOKING OR BY ATTEMPTING TO LIGHT
OR TO SMOKE CIGARS CIGARETTES PIPES OR TOBACCO IN ANY MANNER IN WHICH
LIGHTERS OR MATCHES ARE EMPLOYED, OR WHOy IN THE DISPOSITION OF LIGHTED
MATCHES, CIGARS OR CIGARETTES OR LIVE EMBERS OF ANY SMOKING MATERIAL, IN
A CARELESS, RECKLESS OR NEGLIGENT MANNER -- WHETHER WILLFULLY OR NEGLIGENTLY- -
SETS FIRE TO ANY MATTRESS, BEDDING, FURNITURE CURTAINS DRAPES OR ANY
OTHER HOUSEHOLD FURNISHINGS SHALL BE GUILTY OF A VIOLATION OF THIS ORDINANCE
AND OF THE FIRE PREVENTION CODE.
X
ANY AND ALL PE- RSONS, FIRMS PARTNERSHIPS OR CORPORATIONS WHO
SHALL VIOLATE ANY OF THE PROVISIONS OF THIS ORDINANCE OR FAIL TO COMPLY
THEREWITH, OR WHO SHALL VIOLATE OR FAIL TO COMPLY WITH ANY ORDER OR REGULATION
MADE THEREUNDER OR WHO SHALL BUILD IN VIOLATION OF ANY DETAILED STATEMENT
OF SPECIFICATIONS OR PLANS SUBMITTED AND APPROVED THEREUNDER, OR ANY CERTIFI-
CATE OR PERMIT ISSUED THEREUNDER, SHALL SEVERALLY FOR EACH AND EVERY VIOLATION
AND NONCOMPLIANCE RESPECTIVELY BE FINED IN A SUM NOT LESS THAN TEN DOLLARS
($10.00), AND NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00). THE
IMPOSITION OF ONE FINE FOR ANY VIOLATION OF THIS ORDINANCE SHALL NOT EXCUSE
THE VIOLATIONS OR PERMIT IT TO CONTINUE; AND ALL SUCH PERSONS, FIRMS PARTNER-
SHIPS OR CORPORATIONS 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 CONSTITUTE A SEPARATE
OFFENSE. THE APPLICATION OF THE ABOVE PENALTY SHALL NOT BE HELD TO PREVENT
THE ENFORCED REMOVAL OF PROHIBITED CONDITIONS.
IN CASE A CORPORATION IS THE VIOLATOR OF ANY PROVISION OF THIS
ORDINANCE, THE PRESIDENT, VICE- PRESIDENTy SECRETARY, TREASURERS MANAGER OR
ANY AGENT OR EMPLOYEE OF SUCH CORPORATION SHALL BE ALSO SEVERALLY LIABLE
FOR THE PENALTIES HEREIN PRESCRIBED; PROVIDED FURTHER, THAT SHOULD A DIFFERENT
PUNISHMENT BE PRESCRIBED IN ANY CASE BY STATE LAW FOR ANY OFFENSE INCLUDED
IN THIS ORDINANCE, AND SHOULD THE PUNISHMENT PRESCRIBED BY STATE LAW BE
THE ONLY PUNISHMENT WHICH CAN LAWFULLY BE ADJUDGED FOR ANY SUCH OFFENSE,
THEN THE PUNISHMENT PRESCRIBED BY STATE LAW SHALL BE ADJUDGED BY THE COR-
PORATION COURT AGAINST SUCH OFFENDER IN LIEU OF THE PENALTY HEREINBEFORE
PROVIDED.
XI
ORDINANCE N0. 1713, ON RECORD IN VOLUME 14 AT PAGE UO OF THE
ORDINANCE AND RESOLUTION RECORDS OF THE CITY OF CORPUS CHRISTIj TEXASy IS
HEREBY EXPRESSLY REPEALED IN ITS ENTIRETY AND ALL OTHER CONFLICTING ORDI
NANCES ARE EXPRESSLY REPEALED, AND ALL ORDINANCES AND PARTS OF ORDINANCES
INCONSISTENT OF THIS ORDINANCE ARE HEREBY REPEALED.
XII
SHOULD THE ZONING ORDINANCE OR OTHER ORDINANCES OF THE CITY OF
CORPUS CHRISTI REQUIRE PERMITS FROM THE CITY ENGINEER'S OFFICE TO DO CERTAIN
THINGS FOR WHICH A PERMIT IS ALSO REQUIRED BY THIS ORDINANCE, SUCH PERMITS
SHALL BE REQUIRED IN ADDITION TO THE PERMITS REQUIRED BY THIS ORDINANCE
AND THE REQUIREMENTS FOR SUCH PERMITS FROM THE CITY ENGINEER'S OFFICE ARE
NOT REPEALED BY THIS ORDINANCE.
XIII
THAT IF ANY PART OF THIS ORDINANCE ISM OR SHOULD BE HELD INVALID
OR UNCONSTITUTIONAL FOR ANY REASON, THEN THAT FACT SHALL NOT INVALIDATE THE
ENTIRE ORDINANCES BUT THE BALANCE THEREOF SHALL REMAIN IN FULL FORCE AND
EFFECT.
XIV
THE FOREGOING ORDINANCE WAS READ THE FIRST TIME AND PASSED TO
THE SECOND READING ON THE 3 AY OF DECEMBER, 1953, BY THE FOLLOWING
VOTE:
A. A. LICHTENSTEIN
ELLROY KING
P. C. CALLAWAY
JAMES S. NAISMITH
W. JAMES BRACE
CPA
The foregoing ordinance was read the second time and passed to the
third reading on the day of b — _, 1953, by the following
rote,
A, A. Lichtenstein
°
Ellroy King
P. C. Callaway
James S. Naismith
W. James Brace
The foregoing ordinance was read
O
the third time
and passed and ordered
approved by the mayor, on the ddy
of
195 by the
" ""
following vote:
A. A, Lichtenstein
Ellroy King
V
P, C. Callaway
James S, Naismith
W. James Brace
✓
r
ATTEST:
City Secretary
APPROVED AS TO L6GAL FORM:
City Attdrn6y ,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
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