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HomeMy WebLinkAboutPO 5305:FIRE PREVENTION CODEMEMO-PoRT ARTHUR FIRE DEPARTMENT To-' From: Subject: Date: STEVE FITZGIBBONS, CITY MANAG/~ STEPHEN L. CURRAN, FIRE CHIEFd,~r~/ MARK E. MULL1NER, FIRE MARSI~A~L'~//~ PROPOSED ORDINANCE #5305 {1/7/03} JANUARY 7, 2003 COMMENT Recommendation: We recommend that the City Council approve Proposed Ordinance #5305, adopting the 2000 Edition of the International Fire Code and amendments, to improve the fire prevention code and to stay consistent with the Building and other related codes. Backgrotmd; This Ordinance adopts the 2000 Edition of the International Fire Code with the amendments listed within the Ordinance. The new code better addresses needs for reducing and eliminating fire and life safety hazards and maintains a track record for the city meeting requirements under Insurance Services Office {ISO}. Changes proposed for the new code are as follows: Subsection (D) adds definition for clarification of required construction documents to be submitted for approval which is consistent with NFPA 72 Fire Alarm Code; classification of buildings; and clearer wording removing doubt of when this section of code applies to an occupancy. {Wording change from the word 'Tenant' to 'change in Certificate of Occupancy'}. Subsection (E) (F) (G) addresses the requirements for tire storage facilities. The only changes in these sections of code are in Subsection (E) in which the requirement for cover of the tire trailer is removed. Budgeta _fy/Fiscal Effect: None. Staffinm'emplovee Effect: None. Summa _: We recommend that the City Council approve Proposed Ordinance #5305, adopting the 2000 Edition of the International Fire Code and amendments, to improve the fire prevention code and to stay consistent with the Building and other related codes. "REMEMBER, WE ARE HERE TO SERVE THE CITIZENS OF PORT ARTHUR.*" ORDINANCE NO. P. O. it 5305 12/05/02 AN ORDINANCE AMENDING CHAPTER 38 (FIRE PREVENTION AND PROTECTION) OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR IN ITS ENTIRETY; SECTION 38-31 (INTERNATIONAL FIRE CODE), AND SECTION 38-32 (AMENDMENTS TO THE INTERNATIONAL FIRE CODE ), ARTICLE II (STANDARDS), CHAPTER 38 (FIRE PREVENTION) OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR; ADOPTING THE INTERNATIONAL FIRE CODE, 2000 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 VIOLATION BY FINE NOT EXCEEDING TWO THOUSAND DOLLARS, AS PROVIDED IN SECTION 1-13 OF THE CODE, SECTION 5 OF THIS ORDINANCE OR AS MAY BE OTHERWISE IMPOSED BY STATE LAW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE IMMEDIATELY AFTER PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: "WHEREAS, Section 217.042 of the Local Government Code allows the City to define and prohibit any nuisance within the limits of the mtmicipality and within 5000 feet outside the municipality; and WHEREAS, Chapter 34 of the City Code defines nuisances in the city; and WHEREAS, Section 217.042 of the Local Government Code allows the City to enforce all ordinances necessary to prevent and summarily abate 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 will be enforced in the City as well as within 5000 feet of its corporate limits." SECTION 1. Chapter 38 of the Code of Ordinances of the City of Port Arthur is hereby amended in its entirety to read as follows: Chapter 38 FIRE PREVENTION AND PROTECTION Article II, Standards "Section 38-31. International Fire Code Adopted. The International Fire Code, 2000 Edition, hereinafter referred to as "Fire Prevention Code", Published by the International Code Council, Inc., is hereby adopted as the "Fire Prevention Code" of the City of Port Arthur, save and except those portions hereinafter deleted, modified, or amended. Not less than one (1) 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 this ordinance shall take effect the provisions thereof shall take effect and be controlling within the limits of the City of Port Arthur." "Section 38-32. Amendments to the International Fire Code. The International Fire Prevention Code, 2000 Edition adopted in this Article is hereby altered, changed and amended as follows: (A) 308 of Chapter 3, GENERAL PRECAUTIONS AGAINST FIRE, of the Fire Prevention Code is hereby amended to add the following subsection: 308.3.7 Educational Facilities. 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. 311 of Chapter 3, GENERAL PRECAUTIONS AGAINST FIRE, of the Fire Prevention Code is hereby amended to add the following subsection: 311.3.1 Partially Burned Materials And Structures. The owner or person who has interest, control or in the possession of materials, in or upon any premises in the City of Port Arthur, such as hay, straw, bales of cotton, paper, or other combustibles or structures, which has been rendered useless or non-mechanical by fire, shall have such removed and not allow such to remain in or upon such building or premises for any period longer than is reasonably necessary to remove same, save and except in no circumstances may such materials be left in a building which has suffered fifty (50) per cent or more destruction for a period longer than ninety (90) days. (c) Section 503.3 of Chapter 5, FIRE SERVICE FEATURES, of the Fire Prevention Code is hereby amended to read as follows and a new subsection 503.3.1 is herein added as follows: 503.3 Marking. Where required by the fire official, fire lanes shall be clearly marked on the surface with an exterior red paint forming a perimeter line at least six (6) inches wide with printed legends, 'FIRE LANE - TOW AWAY ZONE' in not less than one (1) foot letters of two (2) inch strokes, white in color and of the same type paint; provided, however, that where the fire lane is adjacent to a curb of four (4) inch height in lieu of the foregoing legend, said curb shall be painted red with exterior paint and the legends painted on the curb in white exterior paint with three (3) inch letters, and clearly legible. Such legends shall be no more than fifty (50) feet apart. In addition, metal signs on posts shall be posted bearing the aforementioned legend and near such fire lane as deemed necessary by the Chief of the Bureau of Fire Prevention. 503.3.1 Responsibility. The owner or person responsible for the structure(s) being protected shall keep the fire lane clearly marked and/or signed at all times, provided, however, that where said fire lane is to be upon a public street, the owner or person in charge shall not mark or designate such area, but shall make application to the City for such designation and marking. (D) The owner or his representative of a building protected by the fire lane shall be responsible for keeping the fire lane free of obstructions. 907 of Chapter 9, FIRE PROTECTION SYSTEMS, of the Fire Prevention Code is hereby amended in its entirety to read as follows: 907 Fire Alarm and Detection Systems 907.1 General. This section covers the application, installation, performance and maintenance of fire alarm systems and their components in new and existing buildings and structures. 907.1.1 Construction Documents. Construction documents for fire alarm systems shall be submitted for review and approval prior to system installation. Construction documents shall include, but not be limited to, all of the following: 1. A floor plan. 2. An elevation plan. 3. Locations of alarm-initiating and notification appliances. 4. Alarm control and trouble signaling equipment. 5. Annunciation. 6. Power connection. 7. Battery calculations. 8. Conductor type and sizes. 9. Voltage drop calculations. 10. Manufacturers, model numbers and listing information for equipment, devices and materials. 11. Details of ceiling height and construction. 12. The interface of fire safety control functions. 907.1.2 Equipment. Systems and their components shall be listed and approved for the purpose for which they are installed. 907.2 Defined. A...ssembly B...usiness E...ducational F...actory or Industrial H...azardous !...nstitutional M...erchantile _S...torage R...esidential 907.3 Required. A complete automatic fire protective signaling system, in accordance with NFPA 72 and NFPA 101 including smoke detection for the means of egress, shall be installed when there is a change of ownership or business operator resulting in a change in the Certificate of Occupancy, in businesses classified and listed in this section: 1. Group A, Group B, Group F, Group M, Group S, and Group I unrestrained, having more than two thousand (2,000) square feet gross building dimensions, or 2. Group E, Group H, and Group I restrained, or 3. Group R having more than two thousand (2,000) square feet gross building dimensions except one and two family dwellings, or 4. Group B providing retail and storage of robber tires when amount exceeds one hundred (100) linear feet or gross building dimensions exceed two thousand (2,000) square feet. Offpremise supervision in compliance with NFPA 72 is required. Fire protective signaling systems may be required to provide for off premise supervisory station service at the discretion of the Chief of the Bureau of Fire Prevention, and approved by the Fire Chief. 907.3.1 Group E Occupancies. All Group E occupancies shall meet requirements of 907.3 of this code. Offpremise supervision in compliance with NFPA 72 is required. Exceptions: Group E occupancies with an occupant load of less than 50 people within the building. 907.3.2 Group H Occupancies. All Group H occupancies shall meet requirements of 907.3 of this code. Offpremise supervision may be required, if by definition of the Intemational Codes, or at the discretion of the fire official, and approved by the Fire Chief, when a significant risk to the public exists conceming the threat of exposure of fire with the hazardous materials or processes involved. 907.3.3 Group I Occupancies. All Group I occupancies shall meet requirements of 907.3 of this code. Offpremise supervision in compliance with NFPA 72 is required. 907.3.4 Systems Not Required. Any Occupancy, not required by this code to install a Fire Protective Signaling System, may install detection, activation and notification appliances in accordance with NFPA 72 and NFPA 101. 907.4 Automatic Sprinkler Systems. 1. Where automatic sprinkler protection is installed and connected to the building fire alarm system, automatic heat detection otherwise required by Section 907.3 shall not be required, except at the fire officials discretion where hazards may require additional protection. 2. Buildings and structures where automatic sprinkler protection is installed and connected to the building fire alarm system, offpremise supervisory station service is required. 907.5 Manual fire alarm boxes. Manual fire alarm boxes operating any fire protective signaling system, shall be placed immediately adjacent to the telephone switchboard in the building, where switchboards exist, locations in accordance with NFPA 72 and such other locations as may be required by the Fire Official. 907.6 Zoning Restrictions and Annunciation. In new buildings, and newly installed fire protective signaling systems in any existing building~ each floor shall be zoned separately. No one zone may exceed fifteen thousand 15,000 square feet. An annunciator panel shall be located at grade level, at the normal point of fire department access, as determined by the Fire Official, or at a constantly attended building security control center. 907.7 Installation. The installing company shall provide the Fire Official with: 1. A certificate of compliance as required by NFPA 72 confirming that the fire protective signaling and/or detection system has been installed in accordance with NFPA standards and operates in accordance with manufacturer's specifications. 2. Copies of the Texas Commission on Fire Protection licenses for designers and installers. 3. A copy of any written contract designating the responsible person for installation, maintenance, and/or monitoring upon request of the fire official. 4.Complete an acceptance test, as specified in NFPA 72, on all system components. 5. Any company installing a fire alarm, automatic sprinkler system, standpipe system, or fixed extinguishing system shall test the installation for proper operation and code compliance and tag the system as required by the Texas Commission on Fire Protection prior to scheduling an acceptance test from the Bureau of Fire Prevention. Failure to meet these requirements may result in a reinspection fee of one hundred ($100.00) dollars. 907.8 False Alarm. Enforcement of 'False Alarms' shall be in the form ora Field Citation, or Complaint filed with the Municipal Court under terms set forth in this Section. Violation occurs when: I. The responsible party, or his designee, has been notified of mechanical malfunction of the Fire Protective Signaling System resulting in a 'False Alarm' being received by the fire department, and such that occurrence exceeds three (3) received 'False Alarms' per quarter, based annually, or 2. Failure to properly notify the fire department prior to drill or testing the Fire Protective Signaling System and resulting in receipt of a 'False Alarm' by the fire department. Exception: It is an affirmative defense that the tenant, or his representative, completed requirements for notification to the fire department telecommunications center prior to testing the Fire Protective Signaling System. (E) Subsections 2505.5, 2505.9 and 2505.10 of Chapter 25 for Outdoor Tire Storage, TIRE REBUILDING AND TIRE STORAGE, of the Fire Prevention Code is hereby amended to read as follows: 2505.5 Alternative Separation Requirements. If a storage building of tires or other similar combustible material, is located fifty (50) feet or less from a building or property line of adjoining property that may be built upon, the exposing wall shall have a fire resistance rating of at least two (2) hours. 2505.9 Outside Display. Tires must be stored on non-combustible racks with a minimum of forty-four (44) inches aisle clearance, remaining clear of obstructions at all times; maximum height of racked tires is not to exceed fifteen (15) feet. Any flammable liquids in storage shall be in accordance with Chapter 34 of the International Fire Code. 2505.10 Incoming and Outgoing Tires. Incoming tires by truck or trailer shall be offloaded within 24 hours and worked into stock on the non-combustible racks as required for all tire storage. Tires are not to be left on the ground at the end of the work day and the truck or trailer transporting the incoming tires shall be removed from the site immediately following off loading. Outgoing tires intended for disposal shall not be placed on the ground, but instead stored on no more than one (1) trailer {8' X 8' X 20'; 1280 cu. ft.} with sidewall protection on all four sides. This includes any form of the tires regardless of whole, split, shredded, or chopped. These disposable tires shall be removed from the premise regularly and not allowed to over- accumulate. Subsection 2508.2 of Chapter 25, TIRE REBUILDING AND TIRE STORAGE, of the Fire Prevention Code, is hereby amended to read as follows and a new subsection 2508.3 is herein added to read as follows: 2508.2 Fire Extinguishers. 1. Buildings or structures shall be provided with portable fire extinguishers in accordance with Section 906 of the International Fire Code. Tables 906.3(1)(2) shall be used to determine rating of extinguishers considering tire storage as an Extra Hazard Occupancy. 2. Fuel-fired vehicles operating in the storage yard shall be equipped with a minimum 2A:20BC rated portable fire extinguisher. 2508.3 Automatic Sprinkler System. Buildings or structures shall be provided with an automatic sprinkler system in accordance with Section 903 and Section 903.2.10.2 of the International Fire Code. (G) 2509 of Chapter 25, TIRE REBUILDING AND TIRE STORAGE, of the Fire Prevention Code is hereby amended in its entirety to include and read as follows: 2509 Indoor Storage Arrangement. 1. Tires or materials must be stored on non-combustible racks with a minimum of forty- four (44) inches aisle clearance, remaining clear of obstructions at all times; maximum height of racked tires is not to exceed fifteen (15) feet; and shall maintain a minimum of three (3) feet of clearance from the ceiling. 2. Storage shall be separated from heaters, or heating devices, by a minimum of three (3) feet, and/or by shielding so that ignition cannot occur. 3. Any flammable liquids in storage shall be in accordance with Chapter 34 of the International Fire Code. 6 Subsections 2703.3.2, 2703.3.2.1, 2703.3.2.2 and 2703.3.2.3 of Chapter 27, HAZARDOUS MATERIALS -- GENERAL PROVISIONS, of the Fire Prevention Code is hereby added to read as follows: 2703.3.2 Notification of Hazardous Materials Spill, Discharge, or Release. The operator or owner of any facility used in the manufacture, processing, storage, or transfer of hazardous chemicals or materials, or any employee thereof, who discovers any spill, discharge, or release of any hazardous chemicals or materials which is unlawful (federal, state, or local); and into, on, or at any place or receptacle not designed to receive same; or which produces a risk to the health, safety or welfare of the public, shall immediately notify, by telephone, the city fire and police deparLraents. 2703.3.2.1 Information Required. This notification shall include the following information: 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 materiai released, if known. 5. Any other significant information. 6. Assessment of danger to the public. 2703.3.2.2 Responsibility. It shall be the responsibility of the owner and/or operator of the facility used in the manufacture, processing, storage, or transfer of hazardous chemicals or materials to cooperate with the city in a yearly survey of said facilities by the fire chief and any other city official or party deemed necessary. Said survey 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 survey 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. 2703.3.2.3 Unauthorized Discharge. 1. Provisions shall be made for controlling and mitigating unauthorized discharges. 2. Whenever any unauthorized discharge due to primary container failure is discovered, the involved primary container shall be repaired or removed from service. 3. Any person, firm or corporation responsible for any unauthorized discharge shall institute and complete all actions necessary to remedy the effects of such unauthorized discharge or release, whether sudden or gradual, at no cost to the jurisdiction. This includes incidents where the threat of unauthorized discharge or release is eminent, whether it results in spill or leak, or not. When deemed necessary by the fire official, cleanup may be initiated by the fire department or by an authorized individual or firm. All costs to the city associated with such cleanup shall be borne by the owner, operator or other person responsible for the unauthorized discharge or incident. 4. Any firm, corporation, person, or other responsible party, for any emergency response, or other call for service as defined by the International Fire Code, Section 2701.2.2 Hazard Categories, as a result of a malicious false report being made, and of which causes a reasonable amount of fear among affected individuals or occupants, or undue inconvenience suffered by any party, shall be deemed to be responsible. All costs to the city associated with the emergency response, or response from any other call for service as related to Section 2701.2.2 shall be borne by the owner, operator, or other person responsible as determined by the investigation of the incident. (I) 3206 of Chapter 32, CRYOGENIC FLUIDS, of the Fire Prevention Code is hereby added to read as follows: 3206 Notification of Cryogenic Fluids Release. The operator or owner of any facility used in the manufacture, processing, storage, or transfer of cryogenic fluids, or any employee thereof, who discovers any spill, discharge, or release of cryogenic fluids which is unlawful (federal, state, or local); and into, on, or at any place or receptacle not designed to receive same; or which produces a risk to the health, safety or welfare of the public shall immediately notify by telephone the city fire and police departments. 3206.1 Information Required. This notification shall include the following information: 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. 6. Assessment of danger to the public. 3206.2 Responsibility. It shall be the responsibility of the owner and/or operator of the facility used in the manufacture, processing, storage, or transfer of cryogenic fluids to cooperate with the city in a yearly survey of said facilities by the fire chief and any other city official or party deemed necessary. Said survey 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 survey 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. 3206.3 Unauthorized Discharge. 1. Provisions shall be made for controlling and mitigating unauthorized discharges. 2. Whenever any unauthorized discharge due to primary container failure is discovered, the involved primary container shall be repaired or removed from service. 3. Any person, firm or corporation responsible for any unauthorized discharge shall institute and complete all actions necessary to remedy the effects of such unauthorized discharge or release, whether sudden or gradual, at no cost to the jurisdiction. This includes incidents where the threat of unauthorized discharge or release is eminent, whether it results in spill or leak, or not. When deemed necessary by the fire official, cleanup may be initiated by the fire department or by an authorized individual or firm. All costs to the city associated with such cleanup shall be bome by the owner, operator or other person responsible for the unauthorized discharge or incident. 4. Any firm, corporation, person, or other responsible party, for any emergency response, or other call for service as defined by the International Fire Code, Section 2701.2.2 Hazard Categories, as a result of a malicious false report being made, and of which causes a reasonable amount of fear among affected individuals or occupants, or undue inconvenience suffered by any party, shall be deemed to be responsible. All costs to the city associated with the emergency response, or response from any other call for service as related to Section 2701.2.2 shall be borne by the owner, operator, or other person responsible as determined by the investigation of the incident. Subsection 3406.2.8.2 of Chapter 34, FLAMMABLE AND COMBUSTIBLE LIQUIDS, of the Fire Prevention Code is hereby added to read as follows: 3406.2.8.2 Mobile Service Units. No retail sale of flammable and/or combustible liquids shall be made from MOBILE SERVICE UNITS as defined in Senate Bill No. 612, 62nd Legislature, 1971 (Article 9201, Section 2(d), Vernon's Texas Civil Statutes). Provided, however, that this shall not be construed to prohibit the dispensing of motor fuels into separate holding or storage tanks at the site of construction projects. (K) Section 3407, 3407.1, 3407.2 and 3407.3 of Chapter 34, FLAMMABLE AND COMBUSTIBLE LIQUIDS, of the Fire Prevention Code is hereby added to read as follows: 3407 Notification of Flammable And/or Combustible Liquid Spill, Discharge or Release. The operator or owner of any facility used in the manufacture, processing, storage, or transfer of flammable and combustible liquids, or any employee thereof, who discovers any spill, discharge, or release of any flammable and/or combustible liquids which is unlawful (federal, state, or local); and into, on, or at any place or receptacle not designed to receive same; or which produces a risk to the health, safety or welfare of the public, shall immediately notify, by telephone, the city fire and police departments. 3407.1 Information Required. This notification shall include the following information: 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. 6. Assessment of danger to the public. 3407.2 Responsibility. It shall be the responsibility of the owner and/or operator of facility used in the manufacture, processing, storage, or transfer of flammable and/or combustible liquids to cooperate with the city in a yearly survey of said facilities by the fire chief and any other city official or party deemed necessary. Said survey shall not relieve the owner and/or operator of their independent responsibility for meeting the standards or requirements of any applicable laws 9 or regulations, nor shall such survey be construed to create any representation as to the condition of such facility for the owner, operator or third party. 3407.3 Unauthorized Discharge. 1. Provisions shall be made for controlling and mitigating unauthorized discharges. 2. Whenever any unauthorized discharge due to primary container failure is discovered, the involved primary container shall be repaired or removed from service. 3. Any person, firm or corporation responsible for any unauthorized discharge shall institute and complete all actions necessary to remedy the effects of such unauthorized discharge or release, whether sudden or gradual, at no cost to the jurisdiction. This includes incidents where the threat of unauthorized discharge or release is eminent, whether it results in spill or leak, or not. When deemed necessary by the fire official, cleanup may be initiated by the fire department or by an authorized individual or firm. All costs to the city associated with such cleanup shall be borne by the owner, operator or other person responsible for the unauthorized discharge or incident. 4. Any firm, corporation, person, or other responsible party, for any emergency response, or other call for service as defined by the International Fire Code, Section 2701.2.2 Hazard Categories, as a result of a malicious false report being made, and of which causes a reasonable amount of fear among affected individuals or occupants, or undue inconvenience suffered by any party, shall be deemed to be responsible. All costs to the city associated with the emergency response, or response from any other call for service as related to Section 2701.2.2 shall be borne by the owner, operator, or other person responsible as determined by the investigation of the incident. (L) Subsections 3805.3, 3805.3.1, 3805.3.2 and 3805.3.3 of Chapter 38, LIQUEFIED PETROLEUM GASES, of the Fire Prevention Code is hereby added to read as follows: 3805.3 Notification of Liquefied Natural or Petroleum Gas Release. The operator or owner of any facility used in the manufacture, processing, storage, or transfer of liquefied petroleum gas, or any employee thereof, who discovers any spill, discharge, or release of liquefied natural gas which is unlawful (federal, state, or local); and into, on or at any place or receptacle not designed to receive same; or which produces a risk to the health, safety or welfare of the public shall immediately notify by telephone the city fire and police departments. 3805.3.1 Information Required. This notification shall include the following information: 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. 6. Assessment of danger to the public. 3805.3.2 Responsibility. It shall be the responsibility of the owner and/or operator of the facility used in the manufacture, processing, storage, or transfer of liquefied natural gas to 10 cooperate with the city in a yearly survey of said facilities by the fire chief and any other city official or party deemed necessary. Said survey 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 survey 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. 3805.3.3 Unauthorized Discharge. 1. Provisions shall be made for controlling and mitigating unauthorized discharges. 2. Whenever any unauthorized discharge due to primary container failure is discovered, the involved primary container shall be repaired or removed from service. 3. Any person, firm or corporation responsible for any unauthorized discharge shall institute and complete all actions necessary to remedy the effects of such unauthorized discharge or release, whether sudden or gradual, at no cost to the jurisdiction. This includes incidents where the threat of unauthorized discharge or release is eminent, whether it results in spill or leak, or not. When deemed necessary by the fire official, cleanup may be initiated by the fire department or by an authorized individual or firm. All costs to the city associated with such cleanup shall be borne by the owner, operator or other person responsible for the unauthorized discharge or incident. 4. Any firm, corporation, person, or other responsible party, for any emergency response, or other call for service as defined by the International Fire Code, Section 2701.2.2 Hazard Categories, as a result of a malicious false report being made, and of which causes a reasonable mount of fear among affected individuals or occupants, or undue inconvenience suffered by any party, shall be deemed to be responsible. All costs to the city associated with the emergency response, or response from any other call for service as related to Section 2701.2.2 shall be borne by the owner, operator, or other person responsible as determined by the investigation of the incident. 11 Section 2. Said provisions are to be inserted in the affected Code of Ordinances in the sequence required by their designation. Section 3. If any portion of this Ordinance is for any reason held invalid or unconstitutional by any court or competent jurisdiction, such holding shall not effect the validity of the remaining portions hereof. Section 4. All Ordinances and parts of Ordinances in conflict herewith are hereby repealed, but only to the extent of the conflict. Section 5. Any person who violates any provision of this Ordinance shall be guilty of a misdemeanor as provided in Section 1-13 of the Code of Ordinances, 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) dollars; provided, however, said fine shall not exceed the maximum fine authorized by state law. Section 6. 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. A copy of the caption of this Ordinance shall be spread upon the minutes of the City Council. 12 READ, ADOPTED AND APPROVED this the day of , A.D., 20 At a regular meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: MAYOR: COUNCIL MEMBERS: NOES: MAYOR OF PORT ARTHUR, TEXAS ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY APPROVED FOR ADMINISTRATION: FIRE CHIEF 13