HomeMy WebLinkAboutPO 6636: CHAPTER 38 (FIRE PREVENTION AND PROTECITON) PORT ARTHUR FIRE DEPARTMENT
MEMORANDUM
To: Mayor, City Council, City Attorney, and City Manager
From: L. P. Washburn, Fire Marshal
Re: Chapter 38-Fire Prevention and Protection, Code of Ordinances
Date: 3/28/17
COMMENT
Purpose:
The purpose of this memo is to provide information on the recommended changes to Chapter 38
of the Code of Ordinances.
Background:
Chapter 38 of the Code of Ordinances, titled Fire Prevention and Protection, contains the fire
protection requirements for the City of Port Arthur. The City has previously adopted the 2012
edition of the International Fire Code as the Fire Code of the City. There are also other
provisions adopted and amendments to the International Fire Code in this chapter.
The amount of amended content to the International Fire Code creates confusion amongst
contractors, architects, and engineers when designing projects within Port Arthur. Many of the
amendments made to the International Fire Code increase the requirements placed on businesses
over the Code as it is written. A Fire Code comparison was made to the surrounding cities and
others of similar size. Some of the cities looked at were: Baytown, Beaumont, Galveston,
Groves, Harris County, Nederland, Pasadena, and Port Neches. The amended Fire Code adopted
by the City of Port Arthur is significantly more stringent than several of the cities in this
comparison.
The fire alarm system requirements are one of the areas significantly changed through the City's
amendments. Businesses looking to open in Port Arthur have greater requirements placed on
them when compared to the same business operating in a neighboring city. These requirements
are an additional cost at startup and a continual cost in monitoring and maintenance
requirements. There is also an extra burden on the Fire Department resulting from the inevitable
false alarm calls generated as fire alarm systems age.
Chapter 38 currently lists 33 subsections as described below:
38-1. —Arson; reward. This subsection describes the reward offered by the City to citizens
that furnish information that leads to the arrest of any person committing an act of arson.
"REMEMBER,WE ARE HERE TO SERVE THE CITIZENS OF PORT ARTHUR"
PORT ARTHUR FIRE DEPARTMENT
MEMORANDUM
38-2. —Appointed enforcement for unattended vehicle(s) obstructing marked fire lanes and
other offenses. This subsection allows the appointment of certain individuals to submit
complaints to municipal court for vehicles parked in a marked fire lane.
38-3. - through 38-30 Reserved. Subsections 38-3 through 38-30 are reserved.
38-31. -International Fire Code Adopted. 38-31 adopts the 2012 International Fire Code as
the Fire Prevention Code of the City of Port Arthur.
38-32. —Amendments to the International Fire Code. Subsection 38-32 contains the
amendments to the International Fire Code as written.
38-33.-Smoking Prohibited in City Buildings and Vehicles. Describes the City's
restrictions on smoking inside City buildings and vehicles.
Port Arthur specific material and amendments added to the Fire Code have referenced specific
numbered code sections within the International Fire Code. This requires a review of all the
amended or added material be made any time a new edition of the International Fire Code is
adopted. If the Code as written has expanded to include additional sections or it has been
reorganized there runs the risk of conflicting information or section titles with the amendments.
The Fire Department does not currently collect fees for plan review, permitting, repeat
inspections, or repeat service calls. Other cities surveyed collect fees for similar items. Collecting
fees for repeat inspections and service calls will add some revenue to offset the costs of the Fire
Marshal's Office. This will also motivate business owners to maintain required equipment,
reducing the number of false calls the Fire Department must respond to.
Summary of suggested changes
1. Reorganize Chapter 38 by using the reserved sections for Port Arthur specific
requirements. This will avoid the confusion with the numbered sections of the
International Fire Code.
2. Remove those amendments which place greater requirements on small businesses when
compared to other comparable cities.
3. Add a definitions subsection. Sec. 38-3.
4. Formally describe the duties of the Fire Code Official and organizational structure within
Port Arthur as to the administration of the adopted Fire Code. Sec. 38-4.
5. Add violation for an owner/operator of a facility handling hazardous materials that
refuses to cooperate with a life safety or hazardous material inspection. Sec.38-9.
6. Adding service fees to businesses which generate repeated false alarm calls or require
repeated inspections to gain code compliance. Sec. 38-10 through 38-12.
7. Adopt the 2015 edition of the International Fire Code to remain consistent with the
recommended edition of the International Building Code. Sec. 38-31.
"REMEMBER, WE ARE HERE TO SERVE THE CITIZENS OF PORT ARTHUR"
P. O. No. 6636
8/2/17
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 38 (FIRE PREVENTION AND PROTECTION)
OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR IN ITS ENTIRETY;
ARTICLE I (IN GENERAL), ARTICLE II (STANDARDS), AND ADOPTING THE
INTERNATIONAL FIRE CODE, 2015 EDITION, PUBLISHED BY THE
INTERNATIONAL CODE COUNCIL, INC.; PROVIDING CERTAIN AMENDMENTS
THERETO; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT THEREWITH; PROVIDING A PENALTY FOR VIOLATIONS BY FINE NOT
EXCEEDING TWO THOUSAND DOLLARS, AS PROVIDED IN SECTION 5 OF THIS
CODE OR AS MAY BE OTHERWISE IMPOSED BY STATE LAW; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE
IMMEDIATELY AFTER PUBLICATION.
WHEREAS, Section 217.042(a) of the Local Government Code allows the City to define
and prohibit any nuisance within the limits of the municipality and within 5,000 feet outside the
municipality; and
WHEREAS, Chapter 34 of the City Code defines nuisances in the city; and
WHEREAS, Section 217.042(b) of the Local Government Code allows the City to enforce
all ordinances necessary to prevent and summarily abate and remove a nuisance; and
WHEREAS, the following amendments to the fire code are necessary to prevent and
summarily abate a nuisance; and
WHEREAS, these amendments to the fire code may be enforced in the City, as well as
within 5,000 feet of its corporate limits.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
Section 1. That Chapter 38, of the Code of Ordinances of the City of Port Arthur is
hereby amended in its entirety to read as follows:
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Chapter 38 - FIRE PREVENTION AND PROTECTION
ARTICLE I. - IN GENERAL
Sec. 38-1. -Arson; reward.
(a) The city will pay out of its contingent fund, or any other fund available, a reward up to $1,000.00 to
any person furnishing information leading to the arrest of any person guilty of arson, or any other fire-
related crime, as defined by the laws of the state.
(b) The city manager is ordered to prepare or have prepared at least 20 placards, eight inches by 12
inches in size. Such placards shall be framed under glass and displayed inside of different public
buildings located within the city, containing the following words:
"THE CITY OF PORT ARTHUR WILL PAY A REWARD UP TO $1,000.00 TO ANY PERSON
FURNISHING INFORMATION LEADING TO THE ARREST OF ANY PERSON FOR THE OFFENSE OF
ARSON AS DEFINED BY THE LAWS OF THE STATE OF TEXAS."
(c) The arson reward program will be paid to the individual providing validated information under the
guidelines of the "Arson Hotline Reward Program" as implemented through the Port Arthur Fire
Marshal's Office.
Sec. 38-2. -Appointed enforcement for unattended vehicle(s) obstructing marked fire lanes and other
offenses.
(a) The city council appoints the persons, to have authority to file charges against a person who
commits an offense under V.T.C.A., Occupations Code§ 2308.251.
(b) This provision shall apply to an owner or operator of a vehicle left unattended on a parking facility, a
vehicle that is in or obstructs a fire lane marked according to V.T.C.A., Occupations Code §
2308.251(c).
(c) The persons appointed to enforce this provision shall also be able to cite a person for any other
violation of V.T.C.A., Occupations Code § 2308.251 and V.T.C.A., Transportation Code §681.011.
(d) Each person appointed must successfully complete a training program of at least four hours in length
developed by the City of Port Arthur Police Department.
(e) The city secretary shall administer an oath of office, in a form as approved by the city attorney.
(f) The appointed person(s) cannot start issuing citations until the chief of police certifies that they have
completed the training program.
(g) The appointed persons shall be under the supervision of the chief of police, file charges pursuant to
the training as developed by the chief of police and pursuant to the standard operating procedures of
the police department.
(h) The appointed persons shall cease issuing citations if requested by the chief of police.
Secs. 38-3. — Definitions
(a) Terms defined herein shall have the following definitions throughout this Chapter.
False Alarm—Any alarm of fire which was generated falsely, accidentally, through mechanical failure,
malfunction, improper installation, lack of maintenance, or by negligence of the owner, lessee, or
any other person in control of the premises. False alarms shall not include:
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1) Alarms that occur due to weather conditions, natural disasters, or acts of God.
2) Disruption of the telephone or other communicating means beyond the control of the
alarm company and/or the alarm user.
3) Electrical power disruption or failure not caused by the user.
4) Alarms which occur due to an actual fire or emergency condition.
Fire Protection System - Approved devices, equipment and systems or combinations of systems
used to detect a fire, activate an alarm, extinguish or control a fire, control or manage smoke and
products of a fire or any combination thereof(Source: International Fire Code, 2015 edition).
Hazardous Material -A substance (either matter—solid, liquid, or gas—or energy) that when
released is capable of creating harm to people, the environment, and property, including weapons of
mass destruction (WMD) as defined in 18 U.S. Code, Section 2332a, as well as any other criminal
use of hazardous materials, such as illicit labs, environmental crimes, or industrial sabotage (Source:
NFPA 472).
Secs. 38-4. – Department of Fire Prevention
(a) A Department of Fire Prevention is hereby established within the City of Port Arthur Fire Department.
The Department of Fire Prevention shall be known as the Fire Marshal's Office of the City of Port
Arthur Fire Department.
(b) The Fire Chief shall appoint a Deputy Fire Code Official henceforth known as the Fire Marshal. This
appointment shall be in accordance with the terms of the Collective Bargaining Agreement between
the City of Port Arthur and Local 397 of the International Association of Fire Fighters, and all other
applicable Local, State, and Federal regulations. The duties of the Fire Marshal shall consist of the
administration of the Department of Fire Prevention, (Fire Marshal's Office), under the supervision of
the Fire Chief.
(c) The Fire Chief may appoint or detail members of the Fire Department as Deputy Fire Marshals,
Investigators, Inspectors, Technical Officers, and other employees.
(d) The Department of Fire Prevention is a law enforcement entity of the City of Port Arthur Fire
Department. The Fire Marshal and his/her personnel shall have all of the duties and responsibilities
granted to him/her by State statutes and any and all ordinances and codes adopted by the City of
Port Arthur.
(e) The Department of Fire Prevention is responsible for conducting investigations of all fires which occur
within the jurisdictional boundaries of the City of Port Arthur.
Secs. 38-5. - Obstruction of Fire Apparatus Access Road, (Fire Lane), Parking Presumption
(a) Parked motor vehicles, or other registered vehicles, which are found to be unattended on a public
street or private premises, and where the fire apparatus access road or fire lane has been designated
according to this chapter are in violation of the adopted Fire Prevention Code and have committed an
offense.
(b) It is presumed that the registered owner of the vehicle is the person who drove and parked the motor
vehicle at the time and place the offense occurred; and the Texas Department of Transportation's
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computer-generated record of the registered vehicle owner is prima facie evidence of the contents of
the record.
Exception: It shall be an affirmative defense that the registered owner of the vehicle provides
the Municipal Court with the accurate and sufficient identification of the individual who was the
driver of the motor vehicle at the time and place that the offense occurred.
Secs. 38-6. - Removal of Unlawfully Parked Vehicle.
(a) In addition to Section 545.305 Removal of Unlawfully Stopped Vehicles, of the Texas Transportation
Code and Section 2308.208 Municipal or County Ordinance Regulating Unauthorized Vehicles and
Towing of Motor Vehicles, of the Texas Occupations Code, this section authorizes any peace officer
listed under Article 2.12, Code of Criminal Procedure, to remove a vehicle found to be in violation of
this code, if the vehicle:
1. Is unattended in a designated fire apparatus access road or fire lane within the city limits of Port
Arthur, Texas, or within the extra-territorial jurisdiction of Port Arthur, Texas; and
2. The illegally parked vehicle is: a hazard interferes with a normal function of a governmental
agency, or because of a catastrophe, emergency, or unusual circumstance in imperiled; or
3. The illegally parked vehicle, or the known operator, has developed a history exceeding two (2) or
more of like offenses; or
4. The operator returns to the vehicle in the officer's presence and refuses to move the vehicle in
violation; or
5. The vehicle is disabled so that normal operation is impossible or impractical; or
6. Incidental to the operators' lawful arrest.
Secs. 38-7. — Hazardous Materials - Stopping, Standing, Parking of Certain Vehicles
a) Parking of tank vehicles, tube trailers, or trucks transporting hazardous materials, or meeting DOT
placarding requirements shall be in accordance with this section.
Exception: In cases of accident, breakdown or other emergencies, tank vehicles, tube trailers,
or trucks transporting hazardous materials are allowed to be parked and left unattended at
any location while the operator is obtaining assistance. Vehicles are limited to a reasonable
amount of time to remove the hazard from the area at the discretion of the fire official.
b) Tank vehicles, tube trailers, or trucks transporting hazardous materials, or meeting DOT
placarding requirements shall not be left unattended at any time on residential streets, or within
500 feet of a residential area, apartment or hotel complex, educational facility, hospital or care
facility. Tank vehicles, tube trailers, or trucks transporting hazardous materials shall not be left
unattended at any other place that would, in the opinion of the fire official, pose an extreme life
hazard.
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c) Tank vehicles, tube trailers, or trucks transporting hazardous materials, or meeting DOT
placarding requirements shall not be left unattended on a public street, highway, public avenue or
public alley.
Exceptions:
1. The necessary absence in connection with loading or unloading the vehicle. During
actual compressed gas transfer, Section 5305.7 shall apply.
2. The necessary absence in connection with loading or unloading the vehicle. During
actual corrosive liquid transfer, Section 5405.1.1 and 5005.1.10 shall apply.
3. The necessary absence in connection with loading or unloading the vehicle. During
actual fuel transfer, Section 5706.6.1.2 shall apply. The vehicle location shall be in
accordance with Section 5706.6.2.1.
4. Stops for meals during the day or night, where the street is well lighted at the point of
parking.
d) Tank vehicles, tube trailers, or trucks transporting hazardous materials, or meeting DOT
placarding requirements parked at one point for longer than 1 hour shall be located off of public
streets, highways, public avenues or alleys, and:
1. Inside of a bulk plant and either 25 feet or more from the nearest lot line or within a
building approved for such use; or
2. At other approved locations not less than 50 feet from the buildings other than those
approved for the storage or servicing of such vehicles.
e) Tank vehicles, tube trailers, or trucks transporting hazardous materials, or meeting DOT
placarding requirements shall not be parked or garaged in buildings other than those specifically
approved for such use by the fire code official.
f) Tank vehicles, tube trailers, or trucks transporting hazardous materials, or meeting DOT
placarding requirements shall be equipped with a portable fire extinguisher complying with
Section 906 and having a minimum rating of 2A:20BC. During unloading of the tank vehicle, the
portable fire extinguisher shall be out of the carrying device on the vehicle and shall be 15 feet or
more from the unloading valves of any vehicle transporting flammable or combustible materials.
Secs. 38-8. — Hazardous Materials— Duty to Report
(a) In the event of spill, discharge or release of any amount of a hazardous material, or any other
material or condition, which may pose a risk to the health, safety or welfare of the public, the
responsible party shall make immediate notification to the city fire and police departments. The
following information shall be provided: (1) Name and address of the operator, (2) Name and
telephone number of the reporter, (3) Location of the spill, discharge, or release, (4) Type and amount
of material released, if known, (5) Any other significant information, and (6) Assessment of danger to
the public.
Exceptions:
1. The release or emission of hazardous materials is allowed when in compliance with
federal, state, or local governmental agencies, regulations or permits.
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2. The release of pesticides is allowed when used in accordance with registered label
directions.
3. The release of fertilizer and soil amendments is allowed when used in accordance with
manufacturer's specifications.
Secs. 38-9. — Hazardous Materials— Inspection Authorized
(a) It shall be the responsibility of the owner and/or operator of a facility used in the manufacture,
processing, storage, transfer or handling of hazardous chemicals or materials to cooperate with the
City in an inspection of said facilities on an annual basis at a minimum. Inspections may be required
on a more frequent basis as deemed necessary by the Fire Code Official to assure the safety of
workers at the facility, the general public, and the environment. Said inspection shall not relieve the
owner and/or operator of their independent responsibility for meeting the standards or requirements
of any applicable laws or regulations, nor shall such inspection be construed to create any duty,
assume any responsibility for, or constitute any representation as to the condition of such facility for
the owner, operator or third party.
(b) It shall be a violation of this Chapter for an owner, occupant, or their representative to refuse an
inspection required in accordance with this section.
Secs. 38-10. - Call for Service
(a) It shall be a violation for any individual through act, omission or any means whatsoever to cause a
call for service or emergency response by the Port Arthur Fire Department where there is no
actual emergency condition present. A person in violation of this section shall be guilty of a
misdemeanor and may also be subject to applicable service fees in addition to any other fines
imposed. This may include, but not limited to, any individual in control of or responsible for a
premises who fails to take corrective action to prevent false alarms or repair malfunctioning
equipment or fire protection systems.
Exception: An individual who makes a report of an emergency, with good intent, which
causes a call for service or emergency response and when the conditions as they
were known at the time of the report would lend a prudent person to believe an
emergency situation did exist, shall not be in violation of this section.
Secs. 38-11. — Fire Protection Systems
(a) When any individual responsible for the building fire protection systems, or their designee, or
contractors for inspection, testing, maintenance, or repair, conduct any operation of the system
which may result in a false alarm being initiated, the following shall occur:
1) The fire department dispatcher shall be contacted and provided information on the identity of
the caller including: company information, contact numbers, location, type of protection
system, and a description of the activity being conducted which may cause the fire alarm
system to be activated.
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2) The monitoring company for the building fire alarm system shall be put in test mode during
the time period that any activity, such as testing or maintenance, being conducted may
cause the fire alarm system to be activated.
Exception: Prior authorization by the fire official to leave the fire alarm system
active with the monitoring company for any reason.
3) The monitoring company for the building fire alarm system shall be contacted to return to
normal operation when maintenance or testing is complete.
4) The individual making the initial report shall return the call to the dispatcher at or before 5:00
pm of the same working day to report on the status of the work being done. A confirmation
number shall be provided to the individual for his records when the system is restored to a
normal condition.
5) Any fire protection systems not able to be repaired at the end of the work day, which by
NFPA or State Fire Marshal standards, leaves the premises unprotected, shall be reported
to the Fire Marshal's office within 24 hours. The individual shall, upon return to the site to
complete any needed repairs on the fire protection system, call the dispatcher to provide the
information as listed above in item #1.
(b) It shall be a violation of this section if a fire protection system user cannot be contacted, or refuse
to respond to a site within one hour, after receiving a request by Fire Department Officials, when
a fire protection system is in an alarm or an activated condition.
Sect. 38-12. — Fees
(a) Permit Fee—All permits required by authority of the Fire Code Official shall be subject to a permit fee.
The permit fee is in addition to any other fees which may apply. A fee of$35 will be assessed for
construction, operational or other required permits. This fee is to be in addition to any plan review,
acceptance test fee, and/or inspection fees.
(b) Plan Check and Acceptance Test Fee— Fire protection systems or other conditions which require a
plan review to be performed for fire protection or life safety shall be subject to a plan review fee. This
plan review fee shall include a plan review and the required acceptance test(s).
Required acceptance tests which do not require a plan review shall be subject to the acceptance test
fee. Each repeat acceptance test due to any system failing the initial test or contractor rescheduling
may be subject to this fee. This fee must be paid to the City of Port Arthur prior to scheduling the
acceptance test. The following few schedule shall apply to plan reviews and acceptance test:
1) Fire alarm system plan check $100.00
2) Automatic fire-extinguishing system plan check $200.00
3) Kitchen vent hood extinguishing system plan check $75.00
4) All other plan check $50.00
5) Acceptance test $50.00
(c) Inspection Fee—An Inspection fee will apply when premises require inspections to be performed by
Fire Department personnel in order to obtain a certificate of occupancy, any other required permit, or
by State or Federal license or regulation. This fee shall be applied to inspections for each
subsequent permit or license renewal. The following fee schedule shall apply for each renewal period:
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Exception: Subsection (d) shall apply to institutional occupancies:
1) New business initial consultation or walk-thru No Charge
2) First inspection $50.00
3) Second inspection $50.00
4) Third and any additional $100.00
(d) Institutional Occupancy Inspection Fee - Institutional Occupancies, (as defined by the adopted Fire
Code), requiring inspections to be performed by Fire Department personnel in order to obtain a
certificate of occupancy, any other required permit, or by State or Federal license requirements will be
subject to an inspection fee. Each inspection required in a permit or license renewal period shall be
subject to an equivalent service fee. The following fee schedule shall apply:
1) New business consultation or walk-thru No Charge
2) 1 –49 beds/patient rooms & all adult day care $75.00
3) 50–99 beds/ patient rooms $100.00
4) 100– 199 beds/ patient rooms $200.00
5) 200 or more beds/patient rooms $250.00
6) Child day care facilities $50.00
(e) A service fee shall be imposed for each false alarm which generates a Fire Department response.
The owner, occupant, or other responsible party shall be subject to the following fee schedule for
false alarms which occur during a twelve month period.
1) First, second, and third false alarm No Charge
2) Fourth and fifth false alarm, $100.00
3) Sixth through tenth false alarm $200.00
4) Eleventh and subsequent false alarms $500.00
(f) Service fees provided for in this section shall be paid within thirty days from the date they are
assessed. Any owner, occupant, or other person or entity responsible for a service fee shall be in
violation of this section for non-payment of each day beyond the allotted time.
Secs. 38-13-38-30. - Reserved.
ARTICLE II. - STANDARDS
Sec. 38-31. - International Fire Code adopted.
The International Fire Code, 2015 Edition, including appendix chapters, hereinafter referred to as
"Fire Code", published by the International Code Council, Inc., is hereby adopted as the "Fire Code" of
the City of Port Arthur, save and except those portions hereinafter deleted, modified, or amended. Not
less than one copy of said Code has been and now is filed in the office of the City Secretary of the City of
Port Arthur and the same is hereby adopted and incorporated as fully as if set out at length herein and
from the date on which the ordinance shall take effect the provisions thereof shall take effect and be
controlling within the limits of the City of Port Arthur.
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Sec. 38-32. -Amendments to the International Fire Code.
The International Fire Code, 2015 Edition, including Appendix Chapters, hereinafter referred to as "Fire
Code", Published by the International Code Council, Inc., adopted by City Ordinance No. 17- 44-42, is
hereby altered, changed and amended as follows:
(a) Section 101 of Chapter 1, SCOPE AND ADMINISTRATION, of the Fire Code is hereby amended
as follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of Port Arthur, hereinafter
referred to as "this code".
101.2.1 Appendices. The appendices of the International Fire Code 2015 Edition listed in this
section are adopted and included as part of this code.
• Appendix B, Fire-Flow Requirements for Buildings
• Appendix C, Fire Hydrant Locations and Distribution
• Appendix D, Fire Apparatus Access Roads
• Appendix E, Hazard Categories
• Appendix F, Hazard Ranking
• Appendix G, Cryogenic Fluids—Weight and Volume Equivalents
• Appendix H, Hazardous Materials Management Plan (HMMP) and Hazardous Materials
Inventory Statement (HMIS) Instructions. Appendix H shall apply where required by the Fire
Code Official.
• Appendix I, Fire Protection Systems— Noncompliant Conditions
• Appendix K, Construction Requirements For Existing Ambulatory Care Facilities
• Appendix L, Requirements for Fire Fighter Air Replenishment Systems. Appendix L shall
apply where required by the Fire Code Official.
• Appendix M, High-Rise building— Retroactive Automatic Sprinkler Requirements
(b) Section 105 of Chapter 1, SCOPE AND ADMINISTRATION, of the Fire Code, is hereby amended
to add as follows:
105.6.47 Venting/flaring of flammable materials. An operational permit is required for the venting
and/or flaring of flammable materials, as usually associated with, but not restricted to, pipeline
maintenance.
(c) Section 109 of Chapter 1, SCOPE AND ADMINISTRATION, of the Fire Code, is hereby amended
to read as follows:
109.4 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 directive of the fire code official, or of a permit or certificate
used under provisions of this code, shall be guilty of a Class C misdemeanor in accordance with
Section 5 of this Ordinancepunishable by a fine not less than two hundred, ($200.00) dollars nor
more than two thousand, ($2000.00) dollars; provided, however, said fine shall not exceed the
maximum fine authorized by state law. Each day that a violation continues after due notice has been
served shall be deemed a separate offense.
(d) Section 111 of Chapter 1, SCOPE AND ADMINISTRATION, of the Fire Code, is hereby amended
to read as follows:
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111.4 Failure to Comply. Any person who shall continue any work after having been served with a
stop work order, except such work as that person is directed to perform to remove a violation or
unsafe condition, shall be liable to a fine of not less than two hundred, ($200.00) dollars or more than
two thousand, ($2000.00), dollars.
(e) Section 307 of Chapter 3, GENERAL REQUIREMENTS, of the Fire Code, is hereby amended to
read as follows:
307.1.1 Prohibited open burning. Open burning that is offensive or objectionable because of smoke
emissions or when atmospheric conditions or local circumstances make such fires hazardous shall
be prohibited.
Exception: Prescribed burning for the purpose of reducing the impact of wildland fire when
authorized by the fire code official.
(f) Section 308 of Chapter 3, GENERAL PRECAUTIONS AGAINST FIRE, of the Fire Prevention
Code is hereby amended to add the following subsection:
308.5 Group E Occupancies. It shall be unlawful for any student through 12th grade, or person
under the age of eighteen (18), to possess any matches, cigarette lighters, or any other open flame
producing appliances while on a public or private school property, or any property being used for
school function or activity.
Exception: It shall be an exception to this section, that the student was directed and/or
authorized by a school official to operate an open flame producing appliance.
Sec. 38-33. - Smoking prohibited in city buildings and vehicles.
(a) Smoking shall mean and include the carrying of lighted pipe, cigar, cigarette, tobacco or any smoking
substances in any form.
(b) It shall be unlawful for any person to smoke in any building or motor vehicle owned or controlled by
the city and "No Smoking" signs shall be posted in each building and vehicle. The signs shall be
conspicuously located.
(1) The lettering, size, color and location of legally required "No Smoking" signs shall be subject to
the approval of the fire marshal.
(2) It shall be unlawful for any person to remove or mutilate or destroy any legally required "No
Smoking" sign.
(3) It shall be unlawful for any person to smoke or throw or deposit any lighted or smoldering
substance in any place where "No Smoking" signs are posted or in any other place where
smoking would occasion or constitute a fire or life hazard.
Section 2. That said provisions are to be inserted in the affected Code of Ordinances
in the sequence required by their designation.
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Section 3. That if any portion of this Ordinance is for any reason held invalid or
unconstitutional by any court or competent jurisdiction, such holding shall not affect the
validity of the remaining portions hereof.
Section 4. That all Ordinances and parts of Ordinances in conflict herewith are
hereby repealed, but only to the extent of the conflict.
Section 5. That any person who violates any provision of this Ordinance shall be
guilty of a Class C misdemeanor as provided in Section 1 — 13, and each day the violation is
permitted to exist shall constitute a separate offense; a violation of a provision of this
Ordinance governing fire safety, zoning, or public health and sanitation, including dumping of
refuse, shall be punished by a fine not less than two hundred ($200.00) dollars, nor more than
two thousand ($2,000.00); provided, however, said fine shall not exceed the maximum fine
authorized by state law.
Section 6. That this Ordinance or its caption and penalty shall be published at least
one (1) time within ten (10) days after final passage hereof in the official newspaper of the City
of Port Arthur. This Ordinance shall take effect immediately after the date of such publication.
Section 7. That a copy of the caption of this Ordinance shall be spread upon the
minutes of the City Council.
READ, ADOPTED AND APPROVED this the day of , A.D.,
2017 at a regular meeting of the City Council of the City of Port Arthur, Texas by the following
vote: AYES: MAYOR:
COUNCILMEMBERS:
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NOES:
MAYOR
ATTEST:
CITY SECRETARY
APVdT_rie/-
ROVED AS TO FORM:
CITY A EY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
FIRE CHIEF
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