The International Fire Code, 2015 edition, as published by the International Code Council, Inc. and the appendices adopted in section 10.03.002 are hereby adopted and made a part of this article, except as amended in section 10.03.003.
(Ordinance 2018-15 adopted 7/3/18)
The city adopts the appendices to the International Fire Code,
2015 edition, that are adopted by the Hays County Emergency Services
District No. 8 in its Order No. 12-20-17-01.
(Ordinance 2018-32 adopted 11/7/18)
(a)
The International Fire Code, 2015 edition, as adopted in section 10.03.001 and the appendices to the International Fire Code, 2015 edition, as adopted in section 10.03.002 are hereby amended in the same manner as the amendments provided in Order No. 12-20-17-01 of the Hays County Emergency Services District No. 8, and additionally shall be amended in the future in the same manner as any future amendments adopted by the Hays County Emergency Services District No. 8 , provided the following are hereby amended by the city:
(1)
Subsection 101.1 is hereby deleted and replaced with the following:
101.1 Title. These regulations shall
be known as the fire code of the City of Buda, Texas, hereinafter
referred to as “this code.”
(2)
Subsection 110.4 is hereby deleted and replaced with the following:
110.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directives of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable as set forth in section 1.01.009(b) of this code. Each day that a violation continues after due notice has been serviced shall be deemed a separate offense.
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110.4.1 Abatement of violation. In addition
to the imposition of penalties therein described, the fire code official
is authorized to institute appropriate action to prevent unlawful
construction or to restrain, correct or abate a violation; or to prevent
illegal occupancy of a structure or premises; or to stop an illegal
act, conduct of business or occupancy of a structure on or about any
premises.
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(3)
Subsection 112.4 is hereby deleted.
(b)
Furthermore, all references in the order to the district shall be
limited for purposes of this article to the city limits of the City
of Buda, Texas.
(Ordinance 2018-32 adopted 11/7/18)
This article and the code adopted by this article are applicable
and in full force and effect within the corporate limits of the city.
(Ordinance 2018-15 adopted 7/3/18)
The city manager shall purchase one copy of the code adopted
by this article, which he/she shall keep on file in the city hall
and make available to the public for inspection and copying, subject
to all applicable copyright laws.
(Ordinance 2018-15 adopted 7/3/18)
Each and all of the regulations, provisions, penalties, conditions
and terms of said code are hereby referred to, adopted, and made a
part hereof as if fully set out in this article, with the additions,
insertions, deletions and changes, if any, prescribed in this article.
(Ordinance 2018-15 adopted 7/3/18)
Any reference in the code adopted by this article that refers
to or mentions an electrical code other than the National Electrical
Code that is adopted by the city is hereby amended to refer to the
National Electrical Code adopted by the city.
(Ordinance 2018-15 adopted 7/3/18)
The following definitions are adopted as follows. When used
in this division or in the International Fire Code, the following
terms have the meaning indicated:
Hays County Emergency Services District No. 8.
The International Fire Code, 2015 edition, published by the
International Code Council, as appended and as amended by this article.
The fire chief of Hays County Emergency Services District
No. 8, the city volunteer fire department, or his or her authorized
designees.
The fire chief of Hays County Emergency Services District
No. 8, the city volunteer fire department, or his or her authorized
designees.
(Ordinance 2018-15 adopted 7/3/18)
The fire chief or the district’s contracted service provider,
together with such assistants and agents as the fire chief may designate,
are authorized to enforce this article, to take all actions required
or authorized in provisions incorporated in this article by reference,
and to conduct all inspections, review all plans, and accept all applications
for a permit or approval authorized or required by the terms of this
article.
(Ordinance 2018-15 adopted 7/3/18)
This article will, to the extent reasonable, be construed in
a manner consistent with the fire. If there is a conflict between
this article and the fire code, this article will prevail.
(Ordinance 2018-15 adopted 7/3/18)
The fire marshal shall be able to enforce criminal violations
of this article in the municipal court of the city through the city
attorney. Any civil violations of this article may be enforced by
the city or the district by the city attorney in a court of competent
jurisdiction.
(Ordinance 2018-15 adopted 7/3/18)
(a)
Any person who violates any provision of this article, including the fire code or any amendment thereto as adopted herein, or who fails to comply with any order, decision or determination of the city manager, the building official, the code official, the fire chief, the fire marshal or any applicable appellate authority, or any person who owns or operates any real or personal property, or improvement, fixture or appurtenance thereto, in or on which a violation of this article exists shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine in an amount as set forth in section 1.01.009(b) of this Code, and each day in which any violation shall occur, or each occurrence of any violation, shall constitute a separate offense.
(b)
Any person who shall perform any work regulated by this chapter after
having been served with a stop-work order to discontinue such work,
excluding work the person is directed to perform by the building official
to remove a violation or unsafe condition, shall be deemed guilty
of a misdemeanor, and upon conviction thereof, shall be subject to
a fine of not less than $500.00.
(Ordinance 2018-15 adopted 7/3/18)
The city and the district have entered into an interlocal agreement
for the provision of fire marshal and fire code enforcement services.
(Ordinance 2018-15 adopted 7/3/18)
It is intended that this article shall supplement and amend article 10.02 of this chapter and that the two ordinances shall be read in harmony with one another. Should there be a conflict that cannot be reconciled between the two ordinances, this article shall take precedence and shall prevail over any inconsistent provision in article 10.02.
(Ordinance 2018-15 adopted 7/3/18)
