Ord 1693 9/27/1954ORDINANCE NO. 1393
AN ORDINANCE PRESCRIBING REGULATIONS FOR INST1?LLATION
AND MAINTENANCE OF FIRE PROTECTIVE DEVICES IN VARIOUS TYPES OF
OCCUPANCIES AND USES; REQUIRING REPORTS TO THE FIRE MARSHAL OF
BUILDINGS UNDERGOING REPAIRS AND ALTERATIONS; PRESCRIBING PENAL-
TIES; PROVIDING THE LICENSING AND BONDING OF PERSONS,,ENG. \GED IN
THE BUSINESS,OF SELLING OR SERVICING FIRE EXTINGUISHERS; PROVID-
ING FOR ENFORCEMENT OF ORDINANCE BY INJUNCTION; REPEALING ALL
CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND
DECLARING AN ' G F F EeT 1 1� E 17GTk.
BE 'It ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
13ICH ITA FALLS:
ARTICLE I.
SECTION 1. Definitions.' As used in this Ordinance,
unless the context clearly requires otherwise:
1. "Apartment house" shall have its customary and
ordinary meaning and shall mean a building or structure or part
thereof in which accommodations for four or more families living
independently of each other and doing their own cooking are rented
or offered for rent.
2. "Rooming or lodging
structure or part thereof in which
or offered for rent to persons for
house" shall mean a building or
four or more rooms are rented;
residential occupancy.
3. "Office building" shall mean a building or structure
or part thereof in which three or more rooms are rented or offered
for rent for business, professional or commercial occupancy.
4. "Public hall" shall mean a building or structure or
part thereof of permanent type used for public assemblage.
5. "Public garage" shall mean a building or structure
or part thereof used commercially for repair, renovation or stor-
age of three or more motor vehicles.
G. "Rest home" shall mean a building or structure hous-
ing four or more aged or senile persons.
SECTION Z. Suitable Fire Extinguishinq Appliances to
be Provided.
(a) For the purpose of determining the type of fire
appliances suitable for such places, a team consisting of not less
than one member each from the Fare Department of the Wichita Falls
Fire Department and the Fire Marshalts Office of 1,Afichita Falls,
shall survey, or cause to be surveyed, each office building, mer-
cantile and manufacturing establishment, school, place of assembly,
hospital or rest home, apartment house or rooming or lodging house
in the City of Wichita Falls. Based on the facts shown by such
survey, the above mentioned team shall designate suitable fine
appliances conforming to the standards and regulations herein pre-
scribed, to be installed, provided and maintained in such occupan-
cies in or near boiler rooms, kitchens, or restaurants, clubs and
like establishments, storage rooms involving considerable combust -.
ible material, garage sections, and other places of a general
hazardous nature. Such appliances may consist of automatic alarm
system, automatic sprinklers, standpipe and hose, or a fixed,
wheeled, or portable chemical extinguishers of a type suitable
for the probable class of fire, or suitable asbestos blankets,
manual or automatic covers, or a device for the introduction of
an inert gas. In specially hazardous processes or excessive
storages, appliances of more than one type may be required or
special systems installed.
(b) It shall be unlawful for the owner, occupant or
person in control of any building or premises regulated by this
ordinance, to fail or refuse to install, or provide, or maintain
in operative condition at all times in said building or premises
the suitable fire appliances or equivalent designated by the Fire
Marshal in accordance with the standards herein prescribed. The
standards and regulations prescribed in this subsection shall be
conformed to in the respective occupancies and uses, and it shall
be unlawful for the owner, occupant or person in control of any
building or premises, to fail to comply with such standards and
regulations. In complying with and in the enforcement of such
regulations, the terms "suitable" and T1 suit-able extinguishers"
shall mean any fire extinguisher recommended by the National Board
of Fire Underwriters as being capable of extinguishing the class
of fire most likely to occur in such occupancy and use. The fol-
lowing regulations are prescribed for the respective occupancies
and uses:
USE AND OCCUPANCY
1. Apartment house, hotel,
hospitals, rooming and
lodging houses, office
building, fraternity and
sorority houses.
EQUIPMENT REQUIRED
One suitable 21Z gallon
extinguisher or equivalent
for each one hundred linear
feet in each main hall on
each floor, with minimum
of one such extinguisher to
each floor.
Z. Factories, manufacturing One suitable 2z gallon ex-
establishments and whole- tinguisher or equivalent
sale and retail mercantile per 2000 square feet of
establishments. floor area or fraction
thereof.
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3. Garages, public storage
or repair, with space for
three or more vehicles.
4. Automobile wrecking and
salvage yards, gasoline
service stations.
5. Public halls used for
assemblage, cabarets
and night clubs, except
when located on ground
floor.
i. Public halls used for
assemblages, cabarets and
night clubs, when located
on the ground floor.
7. Educational institutions,
public schools, private
schools, parochial schools.
B. Theater, motion picture
houses, portion of build-
ings used for public
theatrical purposes.
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One suitable 22 gallon ex-
tinguisher or equivalent
per 2000 square feet of
floor area or fraction
thereof.
(a) One suitable 2� gallon
extinguisher or its equiva-
lent.
(b) "No Smoking" and "Stop
Your Motor" signs.
Two suitable 2� gallon e, ,,-
tinguishers or equivalent
for each 2040 square feet
of floor area or fraction
thereof.
One suitable 2; gallon ex-
tinguisher or equivalent for
each 2000 square feet of
floor area or fraction
thereof.
One suitable 22 gallon
extinguisher or equivalent
for each one hundred linear
feet in each hall.
(a) One suitable 271 gallon
extinguisher or equivalent
per 2000 feet of floor area
or fraction thereof, figur-
ing galleries, auditorium '
and basement separately; and
in addition, one suitable
22 gallon extinguisher on
each side of stage
(b) Two suitable 22 gallon
extinguishers or equivalent
in basement and dressing area.
(c) One suitable extinguisher
or equivalent, at entrance
of furnace room.
(d) One eighteen foot plaster
hook on each side of stage.
(e) One suitable 2z gallon
extinguisher or equivalent
for every two hundred square
feet of floor area or frac-
tion thereof in projection
booth.
9. Tank trucks transporting One five pound carbon
combustible or inflammable dioxide or suitable dry
liquids. chemical extinguisher.
10. Storage areas used for
storage of inflammable
liquids and /or combust-
ible materials.
11. Eitchens of restaurants,
clubs and like establish -
ments.
One suitable extinguisher
per each 2000 square feet
of floor area or fraction
thereof,
(a) Two suitable five pound
carbon dioxide extinguishers
or equivalent (or one larger
than five pounds) for each
200 square feet of hazard-
ous floor area or fraction
thereof.
(b) One suitable five pound
carbon dioxide extinguisher,
or equivalent, where the
kitchen area is 200 square
feet or less.
12. Lumber yards, mill yards,
A sufficient number of hy--
log piles, railway car
drants of approved post
storage, or any premises
type having not fewer than
where large amounts of
two 2z inch outlets, shall
combustible materials are
be provided so as to have
located in yards.
two streams available to all
exterior and interior por-
tions of buildings, struc-
tures of storages not cover-
ed by automatic sprinkler
or standpipe systems.
(The foregoing shall be
arranged in such a manner
as to require not more than
500 feet of hose at any one
hydrant. When practical,
hydrants shall be placed 50
feet from any building.
13. Tents and other temporary
structures for outdoor
assembly.
14. Special hazard occupancies
(including, but not limited
to, cleaning and pressing
establishments, cotton gins,
tire retreading plants,
lumber yards and manuf ac-
turers or processors using
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One suitable 2Z gallon
extinguisher or equivalent,
for each 2000 square feet
of floor area or fraction
thereof.
One suitable extinguisher
for each 2000 square feet
of floor area or fraction
thereof, depending upon the
nature of occupancy and
hazard involved.
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inflammable liquids, com-
bustible materials, plastics,
or other like hazards)
15. Commercial or industrial Extinguishers suitable in
buildings, or dwellings of number and type as prescribed
multiple occupancy, while by the Fire Marshal after
under repair, alteration inspection of the occupancy
or remodeling. and the hazards involved.
(c.) The above mentioned survey team shall have power
to promulgate rules and regulations governing the fire appliances
to be installed in the various occupancies and uses. Such rules
and regulations shall not be inconsistent with the standards pre-
scribed by the National Board of Fire Underwriters.
(d) It shall be unlawful for the owner, occupant or
person in control of any building or premise to fail to comply with
the following regulations:
(1) Except as otherwise provided herein, all
extinguishers must be of a correct approved type and size for the
several classes of hazards according to the National Board of Fire
Underwriters; ratings, to -wit: A, B, and C, as prescribed in the
Standard of the National Board of Fire Underwriters for the instal-
lation, maintenance, and use of First Aid Fire appliances in
National Board of Fire Underwriters Pamphlet No. 10 issued in
August, 1950.
(2) All extinguishers must be kept in a serviceable
condition at all times. Soda -acid and foam type extinguishers shall
be recharged at least once each year and the date of such recharge
placed on the attached tag.
(3),All fire -- fighting equipment shall be located
in an accessible and conspicuous place approved by the Fire D.1arshal.
(e) The foregoing provisions pertaining to fire ex-
tinguishers shall not apply where there is an adequate sprinkler
system, or where equivalent protective devices exist.
(f) It shall be the duty of the owner and the occupant
of each building, or part of a building, occupied as a place of
assembly to properly train or have trained a sufficient number of
regular employees in the use of fire appliances so that such appli-
ances can be quickly put in operation.
SECTION 3. Notice of Alteration to be Given to Fire
Dilarshal. The Building Inspector shall give notice in writing to
the Fire Marshal of every application made to repair, alter, or
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remodel any commercial or industrial building and any dwelling
designed or used for multiple family occupancy, including without
limitation apartment houses, fraternities, lodging and boarding
houses, dormitories, and apartment hotels, to afford opportunity
for the Fire Marshal to make the inspection prescribed in regula-
tion 15 under Section 2 (b) above.
SECTION 4. Penalties and Procedure. The violation of
any of the foregoing provisions of this ordinance shall be deemed
a misdemeanor, and any person who shall be found guilty of any
such violation shall be punished by fine not to exceed Two Hundred:
(rl200.00) Dollars. It shall not be necessary for the complaint to
allege or for the proof to be made that the act was knowingly done,
nor shall it be necessary for the complaint to negative any ex-
ception contained in the foregoing provisions of this ordinance
concerning any prohibited act, but any such exception made herein
may be urged as defense by any person charged by such complaint.
ARTICLE II.
SECTION 1. Fire Extinquisher_Business. The term
"Fire Extinguisher Business" as used herein shall mean the business
of buying, selling, offering for sale, consigning to be sold, trad-
ing, bartering or otherwise dealing in new and second hand or used'
fire extinguishers and the business of servicing, refilling, re-
pairing, or maintaining fire extinguishers. It shall be unlawful
for any person to engage in the Fire Extinguisher Business within
the corporate limits of the City of Wichita Falls without first
having applied for and obtained a license therefor from the City
of Wichita Falls.
Applications for such license shall be made in writing
on a form provided by the City of Wichita Falls for that purpose
and shall be filed with the Fire Niarshal's Office. Before a license
may be issued to any applicant, (1) the above mentioned survey teA.m
shall find that the applicant is responsible and qualified to'en-
gage in the fire extinguishing business, (2) the applicant shall
file with the Fire Marshal a good and sufficient bond in the sum
of One Thousand (;11,000) Dollars, written by a company authorized -
to make such bond under the laws of the State of Texas, conditioned
that such licensee shall well and faithfully perform the work of
selling, servicing, repairing, maintaining and refilling fire ex-
tinguishers in the City of Wichita Falls, and conditioned that
such licensee shall not violate any provision of this ordinance,
such bond to be approved by the City Attorney, and (3) the appli-
cant shall pay an annual license fee in the sum of Fifteen
Dollars to the City Tax Assessor and Collector.
SECTION Z. Operator of Fire Extinguisher Business'.
(a) No person shall be issued a license to engage in the Fire Ex-
tingulsher Business unless he is familiar with the provisions of
this ordinance and the practices prescribed by the regulations
of the National Board of Fire Underwriters in NBFU Pamphlet No. 10,
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issued August, 1950, a copy of which shall be on file in the office
of the City Clerl.. In selling, installing, and maintaining fire
fighting and fire extinguisher equipment, each licensee shall be
guided by the practices prescribed in NBFU Pamphlet No. 10.
(b) No person shall engage in the Fire Extinguisher
Business as an agent; employee or representative unless the em-
ployer of such person is licensed under this ordinance to engage
in the Fire Extinguisher Business. No licensee under this ordi-
nance shall allow, permit or suffer an agent, employee or repre-
sentative to engage in the Fire Extinguisher Business unless such
agent, employee or representative is familiar with the provisions
of this ordinance and the practice prescribed by the regulations
of the National Board of Fire Underwriters in NBFU Pamphlet No. 10.
Violation of this section by licensee or agent, employee or repre-
sentative thereof, shall be ground for revocation of the license
of such licensee.
SECTION 3. Requlation of Licenses. (a) A license to
engage in the Fire Extinguisher Business issued under the terms of
this ordinance shall be a personal privilege only and may be sus-
pended and revoked as herein provided. Each license'shall be non. -
transferable and shall expire at midnight on the 31st day of
December of the calendar year in which such license was issued.
(b) The Fire Marshal is hereby authorized to suspend
or revoke the license of any licensee who has violated any provis-
ion of this ordinance or has failed to observe the approved prac-
tices of the National. Board of Fire Underwriters. Revocation of
a license shall automatically forfeit the bond provided for in this
Ordinance. in the event the above mentioned survey team refuses
a license to an applicant, or a license is suspended or revolved
by the Fire Marshal's Office, the applicant whose license is re-
fused or the holder of a license which has been revoked or sus-
pended, after complying with revocation, shall have the right of
appeal to the Board of Adjustments and Appeals by filing an appeal
in writing with the above mentioned board within fifteen (15) days
from the refusal to grant such license, or the revocation orxsus-
pension of such license by the Fire Marshal's Office. Within
thirty (30) days from the filing of an appeal the Board of Adjust-
ments and Appeals shall hold a hearing and shall either affirm,
modify, or otherwise change the action of the Fire Marshal or the
Survey Team.
ARTICLE 111.
SECTION 1. Enforcement by Injunction. In addition
to any other remedy providdd*in this ordinance, the City of ltichita
Falls shall have the right to enjoin any violation of Article II
by injunction issued by a court of competent jurisdiction.
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