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INTEROFFICE MEMORANDUM
Date: April 29, 2024
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Robert L. Havens, In erim Fire Chief
RE: PO 7243 Amendment of the 2015 International Fire Code to 2021 version.
Purpose:
The intent of this agenda item is to seek the City Council's approval for amendment of Chapter
38 of the City of Port Arthur Code of Ordinances in adoption of the 2021 Edition of the
International Fire Code (IFC).
Background:
IFC 2021 is a model code that exhibits minimum safety guidelines for new and existing
buildings, facilities, storage, and processes. As a planning document,the 2021 IFC addresses
fire prevention, fire protection, life safety, and safe storage in these venues, limiting the
potential hazards present and establishing mitigation strategies.
Chapter 38 of the Code of Ordinances,titled Fire Prevention and Protection, contains the fire
protection code requirements for the City of Port Arthur(COPA). COPA had previously
adopted the 2015 edition of the IFC as the Fire Code for COPA. The adopted fire code
establishes mandates for fire prevention and life safety in COPA. There are other provisions
adopted and amendments to the International Fire Code in this chapter.
COPA has recently adopted the 2021 edition of the International Building Code and other
associated codes. It is recommended that the 2021 Edition of the International Fire Code be
adopted to keep language and code requirements consistent for citizens and contractors.
In addition to adopting the 2021 Edition of the International Fire Code some additional
changes are recommended to the existing Ch. 38 Fire Prevention and Protection.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
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• Section 38-4 Department of Fire Prevention. This section has been moved to section
38-32 (b) and reworded. This change is to avoid confusion with language already in the
2021 IFC. The topic is currently addressed as a separate section in the ordinance but is
also addressed within the 2021 IFC.
• Section 506 of the IFC is amended to give specific requirements for Knox key boxes.
The 2021 IFC language is generic and does not specify Knox as the approved vendor
nor the exact parameters for installation in Port Arthur.
Projects which have submitted building plans prior to June 1, 2024, will be expected to comply
with the 2015 International Fire Code and the standards referenced by the 2015 IFC. Projects
which submit building plans on, or after, June 1, 2024,will be projected to comply with the
2021 International Fire Code and the standards referenced by the 2021 IFC.
Budget Impact:
No budgetary impact will be experienced.
Recommendation: The Fire Department recommends approval of this ordinance.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.O. No. 7243
4/22/24 rlh
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 38 (FIRE PREVENTION AND
PROTECTION) OF THE CODE OF ORDINANCES OF THE CITY OF PORT
ARTHUR BY REPLACING CH. 38 FIRE PREVENTION AND PROTECTION IN
ITS ENTIRETY WITH INTERNATIONAL FIRE CODE 2021; 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, amending the Port Arthur Fire Code to International Fire Code
2021 will be necessary to prevent and summarily abate a nuisance and provide
enhance safety and risk reduction; 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; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
P.O. No. 7243
4/22/24 rlh
Section 1. That Chapter 38, of the Code of Ordinances of the City of Port
Arthur is hereby amended by replacing Ch. 38 Fire Prevention and Protection in its
entirety; repealing all ordinances or parts of ordinances in conflict therewith to
read as follows in Exhibit A.
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
P.O. No. 7243
4/22/24 rlh
the official newspaper of the City of Port Arthur. This Ordinance shall take effect
June 1, 2024.
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 on this day of May, A.D., 2024,
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 Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
7.. 1447 rep_e/Ls
lame- M. Black
m City Attorney
P.O. No. 7243
4/22/24 rlh
APPROVED FOR ADMINISTRATION:
Ron Burton, CPM
City Manager
-----
Robert L. Havens, EFO, CFE, FSCEO, CFPS
Interim Fire Chief
P.O. No. 7243
4/22/24 gsb
EXHIBIT A
Exhibit A
2021 International Fire Code in Chapter 38
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.
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(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—An automatic alarm resulting in a report of any emergency 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:
1) Alarms that occur due to weather conditions, natural disasters, or acts of God.
2) Disruption of the telephone or other communication 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. —Removed to Section 38-32(b)
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
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Transportation's 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.
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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.
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
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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.
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.
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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 premise 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.
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.
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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.
Sec. 38-12. —Permit and Inspection Fees
(a) Construction 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$100 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. The following fee schedule
shall be applied to inspections for each subsequent permit or license renewal unless
specifically delineated elsewhere in this Code.
1) New business initial consultation or walk-thru No Charge
2) First inspection $75.00
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3) Second inspection $75.00
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) 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 $75.00
3) Assembly with occupant load of 501 or greater $150.00
(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 $75.00
3) Charge per dwelling unit or sleeping unit $2 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
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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) Operational 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.
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.
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d) Operational permits may be revoked for violations of the adopted fire code and in accordance
with section 105.4 Revocation of the International Fire Code, 2021 Edition. A business or
activity will cease operation upon the revocation of the permit until violations are remedied.
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. 38-16-38-30. - Reserved.
ARTICLE II. - STANDARDS
Sec. 38-31. - Fire Code adopted.
The International Fire Code, 2021 Edition, published by the International Code Council
including appendix chapters, all other standards referenced within, 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.
Sec. 38-32. -Amendments to the International Fire Code.
The International Fire Code, 2021 Edition, including Appendix Chapters delineated below,
hereinafter referred to as "Fire Code", Published by the International Code Council, Inc., adopted
by City Ordinance No. 24- , is hereby altered, changed and amended as follows:
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(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
• Appendix N, Indoor Trade Shows and Exhibitions
(b) Section 103 of Chapter 1, CODE COMPLIANCE AGENCY, of the Fire Code, is hereby
amended to read as follows:
103.1 General. The Port Arthur Fire Marshal's Office is established within the City of Port
Arthur Fire Department under the direction of the Fire Code Official. The Port Arthur Fire
Marshal's office may also be referred to as the Community Risk Reduction Division. The
function of the Fire Marshal's Office is for the implementation, administration and
enforcement of the adopted fire code and conducting investigations of fires which occur
within the jurisdictional boundaries of the City of Port Arthur. The Fire Marshal's Office is a
law enforcement agency within the City of Port Arthur Fire Department. The Fire Marshal
and other assigned personnel shall have all the authority, duties and responsibilities granted
by State statutes and all ordinances and codes adopted by the City of Port Arthur.
103.2 Appointment. The Fire Marshal of the Fire Department shall serve as the fire code
official. 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 fire code
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official shall not be removed from office except for cause and after full opportunity to be heard
on specific and relevant charges by and before the appointing authority.
103.3 Other Assignments.The Fire Chief may assign members of the Fire Department to the
Fire Marshal's Office as needed to carry out the responsibilities of the Fire Marshal's Office.
These positions may be commonly referred to as Deputy Fire Marshals, Fire Investigators,
Fire Inspectors, and any other positions as designated despite rank or classification within the
fire department.
(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 Ordinance, punishable 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:
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 Code
is hereby amended to add the following subsection:
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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.
(g) Section 506 of Chapter 5, KEY BOXES, of the fire code
506.1 Where required. All commercial occupancies obtaining a certificate of occupancy
after the adopted date of this code shall be required to have a Knox key box installed in
an approved location.
506.1.1 Gates.
1. Manual gates or similar barriers shall have a Knox padlock installed in an
approved manner.
2. Electric gates shall have a Knox gate switch installed for fire department access.
An approved means to manually release electric access gate(s) during a power
outage shall be installed.
506.1.2 Key boxes for elevators. All commercial occupancies with elevators shall
have a Knox elevator key box installed in an approved location. Fire service keys,
any other keys required for elevator control, keys required to access elevator
equipment, elevator door drop emergency keys shall be placed inside the elevator key
box. This requirement applies to existing and future commercial occupancies.
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.
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