O71~~ ~ ~w~~~:FtLE~ Capp
pFFIG1~L
ORDINANCE NO. 71
AN ORDINANCE AMENDING SECTIONS 8-76 AND 8-82 OF THE
KENNEDALE CI'T'Y CODE (1992), AS AMENDED, BY ADOPTING THE
UNIFORM FIRE CODE, 1994 EDITION, VOLUMES 1 & 2, INCLUDING
ALL APPENDICES AND STANDARDS; PROVIDING FOR THE
ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR
THE ADOPTION OF FEES; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Kennedale, Texas is a Type A general-law municipality
located in Tarrant County, created in accordance with the provisions of Chapter 6 of the
Local Government Code and operating pursuant to the enabling legislation of the State of
Texas; and
WHEREAS, the city council of the City of Kennedale deems it necessary to adopt this
ordinance regulating conditions hazardous to life and property from fire, hazardous materials
or explosion in order to protect the health, safety and welfare of the citizens of the City of
Kennedale.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, THAT:
SECTION 1.
Section 8-76 of the Kennedale City Code is hereby amended to read as follows:
f:Miles\kennedal\ordinanc\ufc (06-06-95)
"Sec. 8-76. Adoption of Code.
(a) The Uniform Fire Code, 1994 Edition, Volumes 1 & 2, published by
the International Fire Code Institute, including all Appendices and U.F.C.
standards contained therein, is hereby adopted as the Fire Code of the City
of Kennedale. A true and correct copy of the Uniform Fire Code, 1994
Edition, Volumes 1 and 2, adopted herein, is attached to Ordinance No. 71
and identified as Exhibit "A", and fully incorporated by reference as though
copied in its entirety. The material contained in Exhibit "A" to Ordinance No.
71, although fully adopted and incorporated by reference, shall not be
included in the formal municipal codification of ordinances. The material
contained in Exhibit "A" shall instead be maintained as public record in the
office of the city secretary, and shall be available for public inspection and
copying during regular business hours.
(b) The Uniform Fire Code, 1994 Edition, Volumes 1 & 2, as herein
adopted, is hereby amended as provided in Exhibit "B", the North Central
Texas Council of Government's Regional Amendments, Recommendation and
Errata, incorporated in and attached to Ordinance No. 71. The amendments
set forth in Exhibit "B" shall be maintained as a public record in the office of
the City Secretary, and shall be available for public inspection and copying
during regular business hours. The City of Kennedale may from time to time
determine that additional local modifications to the Uniform Fire Code, 1994
Edition, are necessary and appropriate to meet the unique construction needs
of the City of Kennedale. To effectuate these modifications, the city council
may enact individual ordinances amending Exhibit "B" to Ordinance No. 71
fully setting forth the changes to be made in the Uniform Fire Code."
SECTION 2.
Section 8-82 of the Kennedale City Code is hereby amended to read as follows:
"Sec.8-82. Fees.
Permit and other fees set forth in the Uniform Fire Code shall be applicable
unless otherwise specifically listed in the fee schedule in Section 2-3 of the
City Code."
f:Miles\kennedal\ordinanc\ufc (06-06-95) 2
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances of the City of
Kennedale, Texas, except where the provisions of this ordinance are in direct conflict with
the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 4.
It is hereby declared to be the intention of the city council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such unconstitutionality 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 without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 5.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall
be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that
a violation is permitted to exist shall constitute a separate offense.
f:Miles\kennedal\ordinanc\ufc (06-06-95) 3
SECTION 6.
All rights and remedies of the City of Kennedale are expressly saved as to any and
all violations of the provisions of any ordinances affecting the installation and maintenance
of heating, ventilating, cooling and refrigeration systems which have accrued at the time of
the effective date of this ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or not, under such ordinances,
same shall not be affected by this ordinance but may be prosecuted until final disposition
by the courts.
SECTION 7.
The city secretary of the City of Kennedale is hereby authorized to publish this
ordinance in book or pamphlet form for general distribution among the public, and the
operative provisions of this ordinance as so published shall be admissible in evidence in all
courts without further proof than the production thereof.
SECTION 8.
The city secretary of the City of Kennedale is hereby directed to publish the caption,
penalty clause, publication clause and effective date clause of this ordinance in every issue
of the official newspaper of the City of Kennedale for two days, or one issue of the
newspaper if the official newspaper is a weekly newspaper, as authorized by Section 52.011
of the Local Government Code.
f:\Piles\kennedal\ordinanc\ufc (06-06-95) 4
1994 UNIFORM 1~tE CODE
North Central Texas Council of Governments
Regional Amendments. Rccnmmcndation & T;rrata'~
REGIONAL AMENDMENTS
$RbF6~5F. uFSFZ~~FaFaa~uaF.araaFr:,a
(Page 1-65, Section 1102.3.1]
1102.3 Open Burning.
1102.3.1 General. Open burning shall be conducted in trenches with approved equipment and in
accordance with Section 1102.3. Open burning shall also be conducted as required by other
governing agencies regulating emissions.
EXCEPTION: Recreational fires shall be in accordance with Section 1102.4.
RrQSON.• 77~is change is to make the Uniform Fire Code compatible with the prevailing
practice in this region. Lr addition, the air quality impacts from open burning were taken into
consideration.
EF2EEY%JEFSE~'EEFYh<Fb>~.'G6IRdbFE~F'k3EFFSfi~E"l~4iFiFF
[Page 1-228, Section 7801.3.1.1]
7801.3 Permits.
7801.3.1 Fireworks.
7801.3.1.1 Manufacturing. The manufacturing of fireworks is prohibited e~nder~peEial
peFi,~.fi.., „ rea ~,.. iosal-ana .,~„+e ~ ,,,.i.,.:,.,,~ ee„ e.,,..,,.n-1-0~Ferr{~it-e~ 1-.
IZERSON.• This change is to make the Uniform Fire Code compatible with the prevailing
practice in this region. T7re permit requirement was stricken because no permit should be issued
for a prohibited process
[Page 1-228, Section 7802.3, Exception 1.]
7802.3 Prohibition. The storage, use and handling of fireworks are prohibited.
EXCEPTIONS:
~ 1. The use of fireworks for display is allowed as set forth in Section 7802.4.
REASON.• This change is to make the Uniform Fire Code compatible with the prevailing
practice in this region.
"NOTE: Underlinine indicates new words and phrases to be added to the 1994 Uniform Fire
Code. See~rts indicate existing words and phrases to be deleted.
1 12/15/94
EXHIBIT "B"
:~~,~H~
[Page 1-361, Table 81-B -- REQUIREMENTS FOR CURTAIN BOARDS AND SMOKE
VENTING, Footnote 2.]
ZWhen curtain boards are provided in buildings equipped with early suppression-fast response
sprinklers, the curtain boards shall be located only at the p~^^°~~~.~~tti~~er-systecus interface
between early suppression-fast response sprinklers and other tomes of systems.
REASON.' This change is to clarify the intent of the Uniform Fire Code.
REGIONAL RECOMMENDATION
[Page 1-431, Appendix II-F]
Adopt Appendix II-F -PROTECTED ABOVEGROUND STORAGE TANKS FOR
MOTOR VEHICLE ~ ~ L-DISPENSING STATIONS OUTSIDE BUILDINGS.
REASON.• Adoption of this appendix chapter will allow fuel users to install above ground
storage tanks (currently prohibited for refueling) with reasonable safeguards for the practice.
ERRATA
:~~
[Page 1-92, Table 2501-A]
TABLE 2501-A -MINIMUM WIDTH OF AISLES AND OTHER MEANS OF EGRESS IN
ASSEMBLY OCCUPANCIES WITHOUT SMOKE PROTECTED ASSEMBLY SEATING
The correct formula for "CLEAR WIDTH PER SEAT SERVED IN INCHES" for stairs assuming
unlimited number of seats is: (0.300 x A x B x O.L.).
O.L.= Occupant load
END
2 12/15/94
SECTION 9.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS ~ DAY OF 1995.
~~, /1~.~.~-
MAYOR
ATTEST:
~~~~~
CITY SECRE ARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
~ /c ~~..~
City Attorney
f:Miles\kennedal\ordinanc\ufc (06-06-95) 5
B & B Publishing, Inc.
833 East Enon
P.O. Box 40230
Everman, lX 76140-0230
Phone (817) 478-4661
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS:
COUNTY OF TARRANT:
CITY OF KENNEDALE
Publishers Of:
EvERMAN T~~s
KENN®ALE NEWS
FOREST Hn.L NEws
SOUTH COUNTY NEws
BEFORE ME, the undersigned authority, on this day personally appeared JEDDA DOLAN
who having been duly sworn, says upon her oath:
That she is the Circulation Manager of the newspapers for B&B PUBLISHING, INC.
which are weekly newspapers published in Tarrant County, Texas with a general
circulation in the cities of Everman, Forest Hill, Kennedale, and south Tarrant County
and that a copy of:
ORDINANCE NO. 71
which is attached to this affidavit, was published in said newspapers on the
following date(s): to wit
JUNE 15,1995
EXECUTED THIS, THE 11TH DAY OF JULY, 1995
7
;'
' r .:
DDA DOLAN
SUBSCRIBED AND SWORN TO BEFORE ME THIS, THE 11TH DAY OF JULY, 1995
'~'~~'~•' ~HN EDD BLESSING
a.~'~;=: ,aFiN EDD BCESEIPIG
,~• •~ MYCOMMISSICNEXs~igEg NOTARY PUBLIC
•••P.es ;.~~ duly io, tss~ TEXAS