Ordinance No. 13,619ORDINANCE NO. 13,619
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 22 "CIVIL EMERGENCIES," ARTICLE III "PRE -
DISASTER MANAGEMENT," DIVISION 1 "RESIDENTIAL BOARD AND CARE
OCCUPANCY," SECTION 22-101 "DEFINITIONS" AND SECTION 22-101.5
"STANDARDS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; TO
REVISE THE DEFINITIONS OF "COORDINATOR" AND "EXISTING
RESIDENTIAL BOARD AND CARE FACILITY" AND TO UPDATE THE
STANDARDS BY WHICH RESIDENTIAL CARE AND BOARD FACILITIES MUST
ABIDE; REPEALING CHAPTER 22 "CIVIL EMERGENCIES," ARTICLE III "PRE -
DISASTER MANAGEMENT," DIVISION 1 "RESIDENTIAL BOARD AND CARE
OCCUPANCY," SECTION 22-101 "DEFINITIONS" AND SECTION 22-101.3 "LIFE
SAFETY CODE" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO
REPEAL THE DEFINITION OF "LIFE SAFETY CODE." AND TO REMOVE
REFERENCES TO SUCH CODE; PRESCRIBING A MAXIMUM PENALTY OF FIVE
HUNDRED AND NO/100 DOLLARS ($500.00); PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section l: That Chapter 22 "Civil Emergencies," Article III "Pre -Disaster Management,"
Division 1 "Residential Board and Care Occupancy," Section 22-101 "Definitions" of the Code of
Ordinances, Baytown, Texas, is hereby amended to revise the definitions of "coordinator" and "existing
residential board and care facility," which definitions shall read as follows:
CHAPTER 22. CIVIL EMERGENCIES
ARTICLE III. PRE -DISASTER MANAGEMENT
DIVISION 1. RESIDENTIAL BOARD AND CARE OCCUPANCY
Sec. 22-101. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Coordinator means the chief of the city's fire department.
Existing residential board and care facility shall mean any structure having a residential board
and care occupancy:
(1) That was properly licensed and permitted by the city as a custodial residential care and
living facility on December 20, 2015; or
(2) That:
a. Had an immediate prior use as a licensed and permitted hospital, nursing home or
other similar state licensed residential health care facility;
b. Has been converted for a residential board and care occupancy,-
Is
ccupancy;
Is fully fire sprinkled in accordance with NFPA 13; and
d. Has all life safety features and equipment, which was required by the facility's
prior use, restored, maintained, and operational in accordance with all applicable
codes.
Section 2: That Chapter 22 "Civil Emergencies," Article III "Pre -Disaster Management,"
Division 1 "Residential Board and Care Occupancy," Section 22-101 "Definitions" of the Code of
Ordinances, Baytown, Texas, is hereby amended to repeal the definition of "life safety code."
Section 3: That Chapter 22 "Civil Emergencies," Article III "Pre -Disaster Management,"
Division 1 "Residential Board and Care Occupancy," Section 22-101.3 "Life safety code" of the Code of
Ordinances, Baytown, Texas, is hereby repealed in its entirety.
Section 4: That Chapter 22 "Civil Emergencies," Article III "Pre -Disaster Management,"
Division 1 "Residential Board and Care Occupancy," Section 22-101.5 "Standards" of the Code of
Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 22. CIVIL EMERGENCIES
ARTICLE III. PRE -DISASTER MANAGEMENT
DIVISION 1. RESIDENTIAL BOARD AND CARE OCCUPANCY
Sec. 22-101.5. Standards.
In addition to other requirements contained in this article, the design, construction, renovation and
occupancy of residential board and care facilities shall be governed by and subject to:
(1) The building, mechanical, electrical, plumbing, and other codes as adopted and amended
in chapter 18 of this Code; and
(2) The fire code as adopted and amended in chapter 38 of this Code.
Where any provision or requirement of any of the adopted building, mechanical, electrical,
plumbing or fire codes conflict, the fire chief and chief building official shall apply the code provision
which provides the greatest degree of life safety to the occupants of the building.
Section 5: Any person who fails to comply with any provision of this ordinance shall be
guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding FIVE
HUNDRED AND N0/100 DOLLARS ($500.00). Each act of violation and each day upon which any
such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above,
the city may pursue other remedies such as abatement of nuisances, injunctive relief, administrative
adjudication and revocation of licenses or permits.
Section 6: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating
and governing the subject matter covered by this ordinance.
Section 7: If any provision, section, exception, subsection, paragraph, sentence, clause or
phrase of this ordinance or the application of same to any person or the set of circumstances, shall for any
reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the
remaining provisions of this ordinance or their application to other persons or sets of circumstances and to
this end all provisions of this ordinance are declared to be severable.
Section 8: This ordinance shall take effect from and after ten (10) days from its passage by
the City Council. The City Clerk is hereby directed to give notice hereof causing the caption of this
ordinance to be published in the official newspaper of the City of Bayto at least twice within ten (10)
days after passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative
Baytown this the 26`x' day of October, 2017.
ATTEST:
LETICIA BRYSCH, Ny Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., C' ttorney
the City Council of the City of
H. DONCARLOS, Mayor
RnKarerffilesXity Council.Ordinances\2017 October 26\Pre-DisasterManagementOrdinance.docx