HomeMy WebLinkAboutOrd 488-2010 Confined Space Regulations.pdfCITY OF ANNA, "rEXAS
ORDINANCE NO. 488-2010
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES BY ADDING A NEW SECTION 20 TO PART II, ARTICLE 8,
"BUILDING REGULATIONS" AND ADDING A NEW SECTION 6 TO PART III-A
"SUBDIVISION REGULATIONS", ARTICLE 8, "GENERAL REQUIREMENTS AND
DESIGN STANDARDS"; PROVIDING SAFETY REGULATIONS FOR ENTERING
AND WORKING IN CONFINED SPACES; AMENDING SECTION 11 OF THE CITY OF
ANNA PERSONNEL POLICY MANUAL BY ADDING A NEW SUBSECTION 11.04
REQUIRING A SAFETY PROGRAM RELATED TO CONFINED-SPACE ENTRY;
PROVIDING FOR A PENAL TV FOR ANY VIOLATION OF THIS ORDINANCE NOT
TO EXCEED $2,000; PROVIDING FOR SAVINGS, SEVERABILITY, AND
REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING
FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas (the "City") has previously adopted ordinances,
rules and regulations governing the City's building regulations and subdivision
regulations codified in Parts II and III-A of The Anna City Code of Ordinances
("Anna Code"); and
WHEREAS, after a duly noticed public hearing, the City of Anna, Texas City Council
("City Council) has investigated and determined that it would be advantageous and
beneficial to the City and its citizens and necessary for public health and safety to
amend Parts II and III-A of the Anna Code to require private-sector employers,
contractors, vendors and others performing work or engaging in work-related
activities in the City and its extraterritorial jurisdiction to confirm compliance with
federal standards governing confined-space entries and working in confined spaces;
and
WHEREAS, the City Council has determined that it would be advantageous and
beneficial to the City and its citizens and necessary for public health and safety to
amend Section 11 of the City of Anna Personnel Policy Manual to require the
establishment of a safety program related to confined-space entry performed by City
personnel that is consistent with federal standards governing confined-space entries
and working in confined spaces; and
WHEREAS, the City Council finds that each and all of the above-referenced
additions and amendments are necessary to prevent persons entering into a
confined space from being unnecessarily subjected to conditions that may cause
injury, illness, or death; and
WHEREAS, the City Council has held the requisite public hearing(s) pertaining to
the amendments to Part III-A of the Anna Code and taken all other action necessary
for the adoption of this ordinance;
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above-referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Code Amendments.
2.01 In accordance with Part II, Article 1, Section 9 of the Anna Code, the following
amendment is made to Part II, Article 8 "Building Regulations" by inserting the
following language as a new Section 20:
Section 20. Confined Space Safety Requirements.
20.01 Applicability.
This section applies to all private-sector employers and other persons that
perform any work for or on behalf of the City within the City's corporate limits, its
extraterritorial jurisdiction, or in other areas owned by or in the possession of the
City (such employees and persons to be referenced hereinafter in this section as
"Covered Person").
20.02 Requirements.
A Covered Person shall not allow any employee or subcontractor-or other
person under contract with or otherwise under the control of the Covered
Person-to access or enter or attempt to access or enter or otherwise occupy any
confined space unless and until such employer or person has submitted to the
City's Public Works Director a written Statement of Compliance executed by a
duly authorized representative of the Covered Person in a form approved by the
City Attorney that: (1) confirms that the Covered Person has adopted a safety
program relating to "confined spaces" and "permit-required confined spaces" as
said terms are defined under 29 CFR §1910.146(b), as amended; (2) confirms
that such program is in full compliance with 29 CFR §1910.146, as amended, and
all other applicable OSHA standards and regulations and other federal or state
law; (3) confirms that the Covered Person will ensure that the program is strictly
adhered to at all times; (4) waives any and all liability against the City; and (5)
indemnifies and holds the City harmless of and from any damages or injuries that
may be caused by the Covered Person in connection with its performance of any
work, operations, or activities related to a confined space.
20.03 Costs.
A Covered Person shall meet all of the requirements of this section at its own cost
and shall not charge the City for such costs nor include any such costs in any
contract or work performed for or on behalf of the City.
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2.02 In accordance with Part II, Article 1, Section 9 of the Anna Code, the following
amendment is made to Part III-A, Subdivision Regulations, Article 8, "General
Requirements and Design Standards" by inserting the following language as a
new Section 6:
Section 6. Confined Space Safety Requirements.
The provisions and requirements of Part II, Article 8 "Building Regulations", Section 20
"Confined Space Safety Requirements", of the Code are incorporated herein as if set forth in full
and shall be applicable within the City's corporate limits and its extraterritorial jurisdiction.
Section 3. Personnel Policy Amendments
Section 11 of The City of Anna Personnel Policy Manual is hereby amended to include
the following new Section 11.04:
11.04: Confined Space Entry.
To advance the safety-related purposes of 29 CFR §1910.146, as amended and 30 Tex.
Admin. Code §217.333, as amended, the Public Works Director shall establish a safety
program regulating City-employee access to a "confined space" as that term is defined
under 29 CFR §1910.146(b), as amended, designed to identify any Permit Required
Confined Spaces ("PRCS"), to eliminate or control hazards associated with PRCS
operations, and to take all other actions and provide for any necessary training in
accordance with 29 CFR 1910.146.
Section 4. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this
ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of
any such violation shall be fined in an amount not to exceed $2,000 for each incidence
of violation. Each violation is considered a separate offense and will be punished
separately.
Section 5. Savings, Severability and Repealing Clauses
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that anyone or more
sections, subsections, sentences, clauses, and phrases be declared unconstitutional or
invalid.
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Section 6. Publication of the Caption Hereof and Effective Data
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication, if required by law, of its caption and the City Secretary is
hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this 9th day of March 2010.
ATTESTED:
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