Ordinance No. 8,514Published in the Baytown Sun: 990211 -3
Wednesday,.February 17, 1999,.and,
Thursday, February 18, 1999
'01:DINANCE N0. 8514
® AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 18 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE II
"BUILDING CONSTRUCTION STANDARDS," DIVISION 3 "BUILDING
CODE," SECTION 18 -91 "ADOPTED" AND CHAPTER 38 "FIRE
PREVENTION AND PROTECTION," ARTICLE III "FIRE PREVENTION
STANDARDS," SECTION 38 -61 "CODE ADOPTED" AND SECTION 38 -64
"PENALTIES FOR VIOLATIONS" OF THE CODE OF ORDINANCES OF THE
CITY OF BAYTOWN, TEXAS, TO ADOPT THE 1997 EDITION OF THE
STANDARD BUILDING CODE AND THE STANDARD FIRE PREVENTION
CODE; PROVIDING FOR A PENALTY NOT EXCEEDING FIVE HUNDRED
AND N01100 DOLLARS ($500.00) FOR A VIOLATION OF THE BUILDING
CODE AND A PENALTY NOT EXCEEDING TWO THOUSAND AND
NO /100 DOLLARS ($2,000.00) FOR A VIOLATION OF THE FIRE
PREVENTION CODE; 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 1: That Chapter 18 "Buildings and Building Regulations," Article II
"Building Construction Standards," Division 3 "Building Code," Section 18 -91 "Adopted" of the
Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE II. BUILDING CONSTRUCTION STANDARDS
DIVISION 3. BUILDING CODE
See. 18-91. Adopted.
Except as provided in this division, the Standard Building Code, 1997 edition, published by
the Southern Building Code Congress International, Inc., as amended in section 18 -92, is adopted
and incorporated as fully as if set forth at length in this section. The building code adopted in this
section shall be controlling in the construction, alteration, equipment and removal of buildings and
structures for industrial and commercial construction within the city limits. One copy of the
building code is on file in the office of the city clerk.
Section 2: That Chapter 38 "Fire Prevention and Protection," Article III "Fire
Prevention Standards," Section 38 -61 "Code adopted" of the Code of Ordinances of the City of
Baytown, Texas, is hereby amended to read as follows:
990211 -3a
® CHAPTER 38 FIRE PREVENTION AND PROTECTION
ARTICLE III. FIRE PREVENTION STANDARDS
Sec. 38 -6I. Code adopted.
Except as may otherwise be provided in this chapter, the Standard Fire Prevention Code,
1997 edition, published by the Southern Building Code Congress International, Inc., is adopted and
incorporated as fully as if set forth at length in this section. The fire prevention code adopted in this
section shall be controlling within the city limits. One copy of the fire prevention code is on file in
the office of the city clerk.
Section 3: That Chapter 38 "Fire Prevention and Protection," Article III "Fire
Prevention Standards," Section 38 -64 "Penalties for violations" of the Code of Ordinances of the
City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 38 FIRE PREVENTION AND PROTECTION
ARTICLE III. FIRE PREVENTION STANDARDS
See. 38 -64.- Penalties for violations.
(a) Any person who shall violate any of the provisions of the fire prevention code adopted in
this article or who shall fail to comply with such code or who shall violate or fail to comply
with any order made under such code or who shall build in violation of any detailed
statement of specifications or plans submitted and approved or any certificate or permit
issued under such code and from which no appeal has been taken or who shall fail to
comply with such an order as affirmed or modified by the city council or by a court of
competent jurisdiction, within the time fixed in this article, shall severally for each and
every such violation and noncompliance, respectively, be guilty of a misdemeanor,
punishable as provided in section 1 -14. The imposition of one penalty for any violation
shall not excuse the violation or permit it to continue, and all such persons shall be required
to correct or remedy such violations or defects within a reasonable time. Each day that a
violation continues shall constitute a new and separate offense, subject to the same penalty
under this section.
(b) The application of the penalty in subsection (a) of this section shall not be held to prevent
the enforced removal of prohibited conditions.
Section 4: Every person convicted of a violation of any provision of the Standard
Building Code adopted herein shall be punished by a fine not exceeding FIVE HUNDRED AND
NO /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.
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Section 5: Every person convicted of a violation of any provision of the Standard Fire
Prevention Code adopted herein shall be punished by a fine not exceeding TWO THOUSAND
AND NO 1100 DOLLARS ($2,000.00). 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 by causing the caption
of this ordinance to be published in the official newspaper of the City of Baytown at least twice
within ten (10) days after passage of this ordinance.
INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the
City of Baytown this the 11 th day of February, 1999.
ATTEST:
EILEEN P:.HALL, City Clerk
APPROVED AS TO FORM:
1500
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Is c :klhl3I\ Council\ Ordinances \Amend2UpdateFire &BuildingCode
PETE C. ALFARO, Mayor
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