Ordinance No. 6,357920924 -12
ORDINANCE NO. 6357
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
AMENDING CHAPTER 12, "FIRE PREVENTION AND PROTECTION ",
ARTICLE III, "FIRE MARSHALL ", SECTION 12 -39, "INSPECTION
OF PREMISES; REMOVAL OR REPAIR OF DANGEROUS CONDITIONS"
AND SECTION 12 -42, "PERIODIC REPORT TO STATE FIRE
MARSHALL ", OF THE CODE OF ORDINANCES OF THE CITY OF
BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING
A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 12, "Fire Prevention and
Protection ", Article III, "Fire Marshall ", Section 12 -39 of the
Code of Ordinances of Baytown, Texas, is hereby amended to read
as follows:
Sec. 12 -39. Inspection of Premises; Removal or Repair
of Dangerous Conditions.
1. The fire marshall or his representative, shall
have the right and authority, at all reasonable
hours, for the purpose of examination, to enter
with or without prior notification into and upon
all buildings and premises within the city.
2. It shall be the duty of the fire marshall, at
least annually, to enter all mercantile,
manufacturing and public buildings, together with
the premises belonging thereto.
3. Whenever the fire marshall shall find (i) 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, or so occupied that
fire would endanger persons or property therein,
or (ii) 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 systems, 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 firemen or occupants,
he shall order the same to be removed or remedied,
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• and such order shall be forthwith complied with by
the owner or occupant of the building or premises.
4. Any owner or occupant who fails to comply with any
such notice shall be deemed guilty of a
misdemeanor.
5. If the owner or occupant deems himself aggrieved
by such order, he may, within five (5) days,
appeal to the city council, who shall investigate
the cause of the complaint and, unless by their
authority the order is revoked, such order shall
remain in force and be forthwith complied with by
the owner or occupant.
Section 2: That Chapter 12, "Fire Prevention and
Protection ", Article III, "Fire Marshall ", Section 12 -42 of the
Code of Ordinances of Baytown, Texas, is hereby amended to read
as follows:
Sec. 12 -42. Periodic Report to State Fire Marshall.
Within the time frame as required, the fire marshall
shall report to the state fire marshall each fire in
the response area of the fire department.
Section 3: 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 4: If any provisions, section, exception,
subsection, paragraph, sentence, clause or phrase of this
ordinance or the application of same to any person or 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 5: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 24th day of
September, 1992.
• O BY J DILLS, Mayor
=W;=
• ATTEST.,
E
EILE L, City C 1 erk
NACIO RAMIPJEZ, S U" ty Attorney
C:1:28:41
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