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Home My WebLink AboutPO 6866: AMENDING THE CODE OF ORDINANCES CHAPTER 38 P. O. No. 6866 05/13/2020 1pw ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 38 (FIRE PREVENTION AND PROTECTION) OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR BY AMENDING ARTICLE I (IN GENERAL) SECTION 38-12.—PERMIT AND INSPECTION FEES, ADDING SECTION 38-13.—SERVICE FEES, ADDING SECTION 38-14.—PERMITS, AND ADDING SECTION 38-15 OPEN BURNING PRESUMPTION; AMENDING ARTICLE II (STANDARDS), SECTION 38-31.—FIRE CODE ADOPTED, BY ADOPTING NFPA 96, 2017 EDITION, PUBLISHED BY THE NATIONAL FIRE PROTECTION AGENCY AS PART OF PREVIOUSLY ADOPTED "FIRE CODE"; 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 by amending subsection 38-12.—Permit and Inspection Fees, adding subsection 38- 13.—Service Fees, adding subsection 38-14.—Permits, adding subsection 38-15. Open Burning Presumption, and amending subsection 38-31—Fire Code Adopted to read as follows: 1 Chapter 38 - FIRE PREVENTION AND PROTECTION ARTICLE I. - IN GENERAL Sec. 38-12. —Permit and Inspection 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. Thic The following fee schedule shall be applied to inspections for each subsequent permit or license renewal unless specifically delineated elsewhere in this Code. - - - '- - --- - '-- --- _ . 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 orwalk-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 2 (e) Assembly Occupancy Inspection Fee-Assembly 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) Assembly with occupant load of 50-500 $50 3) Assembly with occupant load of 501 or greater $100 (f) Residential Occupancy Inspection Fee - Residential Occupancies, (as defined by the adopted Fire Code), excluding one and two family residences, 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) Minimum inspection fee $50 3) Charge per dwelling unit or sleeping unit $1 per unit (g) Hazardous Materials–Occupancies which store, transport on site, dispense, use or handle hazardous materials and which 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 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) Inspection fee $100 Sec. 38-13.—Service Fees a) 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 b) 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. Sec. 38-14. – Permits a) Permits shall be required as listed below in accordance with and/or in addition to those provided for within the adopted International Fire Code. Definition of occupancy types are as described within the International Fire Code. 3 1) All assembly occupancies. 2) All residential occupancies including care facilities within one or two family dwellings. Residential group R3 one or two family dwellings are excluded from this section. 3) Hazardous materials. To store, transport on site, dispense, use or handle hazardous materials in excess of the permit requirements within the adopted International Fire Code. 4) Institutional occupancies. 5) Private fire hydrants. A construction permit is required for the installation, modification, or removal of private fire hydrants. b) Permit and inspection fees apply per section 38-12 of this ordinance. c) Permits issued according to this section shall expire one year from the date of issuance. Permits may be renewed by filing an application for renewal at least fourteen (14) days prior to the expiration of the current permit. Inspections and/or plan review of activity or location must be made prior to the issuance or renewal of any permit. Sec. 38-15.—Open Burning Presumption a) Open burning, bonfires, recreational fires, and the use of portable outdoor fireplaces which are conducted outside of the parameters set forth within the adopted fire code are an offense. b) It is presumed that the recorded owner of a property or the occupant/tenant of a space or property is the responsible party for any open burning, bonfire, recreational fire, or the use of a portable outdoor fireplace in the event that any such burning is found unattended and no other responsible party was able to be identified at the time the burning was conducted. c) The Jefferson County computer generated record is considered prima facie evidence of the contents of the record of property ownership. d) It shall be an affirmative defense that the recorded owner of the property provides the Municipal Court with the accurate and sufficient identification of the individual who was responsible for the illegal burning at the time and place that the offense occurred. Secs. 384316-38-30. - Reserved. ARTICLE II. - STANDARDS Sec. 38-31. - Fire Code adopted. The International Fire Code, 2015 Edition, published by the International Code Council including appendix chapters, all other standards referenced within, and the 2017 Edition of NFPA 96 Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations including Appendix B published by the National Fire Protection Association, -- - -•- - - . _ - " • - ___-", published by the International Code Council, Inc., ie are 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 4 shall take effect the provisions thereof shall take effect and be controlling within the limits of the City of Port Arthur. Section 2. That said provisions are to be inserted in the affected Code of Ordinances in the sequence required by their designation. 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. 5 READ,ADOPTED AND APPROVED this the day of ,A.D., 2020 at a regular meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: MAYOR: COUNCILMEMBERS: NOES: Thurman Bill Bartle, Mayor ATTEST: Sherri Bellard, City Secretary APP OVE I.AS TO FORM: /i,La ff Val Ti--n., Ci Attorney APPROVED •R ADMINISTRATION: Ronald Burton, City Manager Larry Richard, Fire Chief 6