HomeMy WebLinkAboutPO 6253: ADOPTING 2012 INTERNATIONAL FIRE CODE PORT ARTHUR FIRE DEPARTMENT
MEMORANDUM
TO: Floyd Johnson, City Manager
FROM: Larry Richard, Fire Chief
Mark Mulliner, Fire Marshal
DATE: September 13, 2012
SUBJECT: Proposed Ordinance No. 6253
RECOMMENDATION
The Fire Department recommends that the City Council approve Proposed Ordinance No.
6253 adopting the 2012 International Fire Code and amendments.
BACKGROUND
The City of Port Arthur currently operates under the 2000 International Fire Code. This
code is outdated and should be replaced with the most current Edition. The 2012
International Fire Code is the most current code in publication and will be until the 2014
Edition is released. The amendments included within the ordinance adopting the 2012
International Fire Code are as follows:
(A) Section 308 of Chapter 3, GENERAL PRECAUTIONS AGAINST FIRE
(B) Section 311 of Chapter 3, GENERAL PERCAUTIONS AGAINST FIRE
(C) Section 408 of Chapter 4, USE AND OCCUPANCY RELATED
REQUIREMENTS
(D) Section 503 of Chapter 5, FIRE SERVICE FEATURES
(E) Section 906 of Chapter 6, PORTABLE FIRE EXTINGUISHERS
(F) Section 907 of Chapter 9, FIRE ALARM AND DETECTION SYSTEMS
(G) Section 1105 of Chapter 11, CONSTRUCTION REQUIREMENTS FOR EXISTING
BUILDINGS
(H) Section 3401 of Chapter 34 TIRE REBUILDING AND TIRE STORAGE
(I) Section 3402 of Chapter 34, TIRE REBUILDING AND TIRE STORAGE
(J) Section 3403 of Chapter 34, TIRE REBUILDING AND TIRE STORAGE
(K) Section 3404 of Chapter 34, TIRE REBUILDING AND TIRE STORAGE
(L) Section 3405 of Chapter 34, TIRE REBUILDING AND TIRE STORAGE
(M) Section 3407 of Chapter 34, TIRE REBUILDING AND TIRE STORAGE
(N) Section 3408 of Chapter 34, TIRE REBUILDING AND TIRE STORAGE
(0) Section 3409 of Chapter 34, TIRE REBUILDING AND TIRE STORAGE
(P) Section 5003 of Chapter 27, HAZARDOUS MATERIALS — GENERAL
PROVISIONS
SUMMARY
The Fire Department recommends that the City Council approve Proposed Ordinance
6253 adopting the 2012 International Fire Code and amendments.
"Remember, we are here to serve the citizens of Port Arthur"
P. O. # 6253
7/31/12 MM
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; SECTION 38 -31
(INTERNATIONAL FIRE CODE {IFC }), ARTICLE I1 (STANDARDS), CHAPTER 38 (FIRE PREVENTION)
OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR; ADOPTING THE
INTERNATIONAL FIRE CODE, 2012 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.
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.
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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:
Chapter 38
FIRE PREVENTION AND PROTECTION
Article II, Standards
"Section 38 - 31. International Fire Code Adopted.
The International Fire•Code, 2012 Edition, including Appendix Chapters, 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 Tess 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, 2012 Edition adopted in this Article is hereby altered,
changed and amended as follows:
(A) 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 12 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.
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(B) Section 311 of Chapter 3, GENERAL PERCAUTIONS 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,
combustibles or structures, which have been rendered useless or non - mechanical by fire, shall
have such items or materials removed. These items or materials shall not be allowed to remain
in or upon such building or premises for any period longer than is reasonably necessary to
remove same, save and except under 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 408 of Chapter 4, USE AND OCCUPANCY RELATED REQUIREMENTS, of the Fire
Prevention Code is hereby amended to read as follows and a new subsection 408.2.3 is herein
added as follows:
408.2.3 Responsibility. Business owners, managers, or their designees have a responsibility
and duty to all occupants within an Assembly Occupancy to insure that all life safety and fire
protection systems and equipment is operating as required by the codes as adopted by the City
of Port Arthur, while the building is occupied.
408.2.3.1 Violation. Allowing persons, other than employees or staff of the Assembly
Occupancy, to enter the premise when life safety and /or fire protection systems are inoperable,
shall constitute a violation.
Exception: It shall not be a violation, if prior to the discovery of the deficiency,
authorization has been granted by the fire official allowing provisions made for additional
protection during occupancy; such as a fire watch as per Section 901.7 Systems out of Service.
(D) Section 503 of Chapter 5, FIRE SERVICE FEATURES, of the Fire Prevention Code, and
excluding Appendix D, Section 103.6, is hereby amended to read as follows and adding
subsections 503.3.1, 503.4.2, and 503.4.3 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 four (4) inch height 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
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paint with three (3) inch letter, 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 responsible shall not
mark or designate such area, but shall make application to the City for such designation and
marking. The owner or his representative of a building protected by the fire lane shall be
responsible for keeping the fire lane free of obstructions.
503.4.2 Parking Presumption. A person commits an offense where a vehicle in violation of
Section 503.4 Obstruction of Fire Apparatus Access Roads, of the International Fire Code, is
found to be an unattended parked motor vehicle on a public street or private facility where the
fire lane has been designated: (1) 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 (2) the Texas Department of 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.
503.4.3 Removal of Unlawfully Parked Vehicle. 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 Section 503.4 of this code,
if the vehicle:
1. Is unattended in a designated 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.
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(E) Section 906 of Chapter 9, PORTABLE FIRE EXTINGUISHERS, of the Fire Prevention Code,
Section 906.1 is hereby amended to add and read as follows:
SECTION 906.1 WHERE REQUIRED.
906.1.1 Alternate location. In new and existing Group R -2 apartment and boarding houses, a
portable fire extinguisher with a 1A:108C rating as stated in H. 8. No. 1168 may be installed
within the tenant space providing the following occur:
1. Written request for the exception to Section 906 of this code shall be provided to the
Fire Marshal's office including the location all buildings to be included by the request.
2. A permit may be issued to allow the exception for situations where the property owner
or manager can provide just cause because of problems with tampering, damage, or
theft of the portable fire extinguishers installed in accordance with Section 906 of this
code.
3. If the request for exception to Section 906 is approved, a permit shall be issued and a
copy of this permit shall be kept on site in the office, available for review upon request by
the fire official.
4. Removal of the portable fire extinguishers installed in accordance with Section 906.1
from exterior locations shall not occur until the permit has been issued and the portable
fire extinguishers with a 1A:108C rating have been installed within the tenant spaces of
the approved buildings.
5. Portable fire extinguisher with a 1A:108C rating in approved tenant spaces shall be
installed in a location no closer than 5 feet from the kitchen stove and shall not be
blocked from view or access.
906.1.1.1 Responsibility. It shall be the responsibility of the property owner or manager to
apply to the Fire Marshal's office for permit renewal in order to maintain the exception. Failure
to maintain a valid permit may result in the property covered by the permit reinstalling portable
fire extinguishers in accordance with Section 906 of this code.
(F) Section 907 of Chapter 9, FIRE ALARM AND DETECTION SYSTEMS, of the Fire Prevention
Code is hereby amended to add and read as follows:
SECTION 907 FIRE ALARM AND DETECTION SYSTEMS
907.1.3.1 Addressable. Fire alarm systems shall be of the addressable type.
Exception: If the fire official believes that under special circumstances, a conventional
type fire alarm system would be better suited for the protection needed, the
conventional type system may be authorized.
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907.2.1 Group A. An automatic and manual fire alarm system, in accordance with NFPA 72 and
NFPA 101 including smoke detection for the means of egress, as defined in Chapter 10 of this
code.
907.2.2 Group B. An automatic and manual fire alarm system, in accordance with NFPA 72 and
NFPA 101 including smoke detection for the means of egress, as defined in Chapter 10 of this
code:
1) Having two thousand (2,000) square feet or greater gross building dimension, or
2) Providing retail and /or storage of rubber tires when amount stored exceeds sixty (60) linear
feet of stored tires.
907.2.3 Group E. An automatic and manual fire alarm system, in accordance with NFPA 72 and
NFPA 101 including smoke detection for the means of egress, as defined in Chapter 10 of this
code.
Exceptions:
1. A fire alarm system is not required in Group E occupancies with an occupant load of
30 or Tess and the building dimension is Tess than two thousand (2,000) square feet.
2. Manual fire alarm boxes are not required in Group E occupancies where all of the
following apply:
2.1 Interior corridors are protected by smoke detectors.
2.2 Auditoriums, cafeterias, gymnasiums and similar areas are protected by heat
detectors or other approved detection devices.
2.3 Shops and laboratories involving dusts or vapors are protected by heat
detectors or other approved detection devices.
3. Manual fire alarm boxes shall not be required in Group E occupancies where the
building is equipped throughout with an approved automatic sprinkler system installed
in accordance with Section 903.3.1.1, the emergency voice /alarm communication
system manual activation is provided from a
stem will activate on sprinkler water flow and p
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normally occupied location.
907.2.4 Group F. An automatic and manual fire alarm system, in accordance with NFPA 72 and
NFPA 101 including smoke detection for the means of egress, as defined in Chapter 10 of this
code, where the building dimension is at least two thousand (2,000) square feet.
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907.2.5 Group H. An automatic and manual fire alarm system, in accordance with NFPA 72 and
NFPA 101 including smoke detection for the means of egress, as defined in Chapter 10 of this
code.
907.2.6 Group!. An automatic and manual fire alarm system, in accordance with NFPA 72 and
NFPA 101 including smoke detection for the means of egress, as defined in Chapter 10 of this
code.
Exception: Manual fire alarm boxes in sleeping units of Group 1 -1 and 1 -2 occupancies
shall not be required at exits if located at all care providers' control stations or other
constantly attended staff locations, provided such stations are visible and continuously
accessible and that travel distances required in Section 907.4.2.1 are not exceeded.
907.2.6.1— 907.2.6.3.3 Reserved.
907.2.7 Group M. An automatic and manual fire alarm system, in accordance with NFPA 72 and
NFPA 101 including smoke detection for the means of egress, as defined in Chapter 10 of this
code, where the building dimension is at least two thousand (2,000) square feet.
Exception: Manual fire alarm boxes are not required where the building is equipped
throughout with an automatic sprinkler system installed in accordance with Section
903.3.1.1 and the occupant notification appliances will automatically activate
throughout the notification zones upon sprinkler water flow.
907.2.7.1 Covered and strip mall buildings, and other connective structures. An automatic
and manual fire alarm system, in accordance with NFPA 72 and NFPA 101 including smoke
detection for the means of egress, as defined in Chapter 10 of this code, where the building is
at least two thousand (2,000) square feet or greater gross building dimension. Where the mall
building system does not include tenant spaces within the system coverage, individual tenant
spaces shall provide an approved fire alarm system.
Exception: Connective structures where fire walls are installed meeting the resistance
rating and horizontal and vertical continuity in accordance with Section 706 of the
International Building Code, and the individual building square footage is less than two
thousand (2,000) square feet, a fire alarm system shall not be required, unless
otherwise specified in another section of this code.
907.2.8.4 Heat detectors. In R -1 occupancies which have an attic space, and where required by
the Fire Official, shall have heat detectors installed which are fixed temperature type only and
no less than 194 degree temperature rating. Heat detectors are not required in attic spaces
where automatic sprinkler coverage is provided within the attic.
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907.2.9.1 Manual fire alarm system. A manual fire alarm system that activates the occupant
notification system in accordance with Section 907.5 shall be installed in Group R -2
occupancies.
Exception: Manual fire alarm boxes are not required where the building is equipped
throughout with an automatic sprinkler system installed in accordance with Section
903.3.1.1 or 903.3.1.2 and the occupant notification appliances will automatically
activate throughout the notification zones upon a sprinkler water flow.
907.2.10.1 Manual fire alarm system. A manual fire alarm system that activates the occupant
notification system in accordance with Section 907.5 shall be installed in Group R -4
occupancies.
Exceptions:
1. Manual fire alarm boxes are not required throughout the building when the following
conditions are met:
1.1 The building is equipped throughout with an automatic sprinkler system
installed in accordance with Section 903.3.1.1 or 903.3.1.2;
1.2 The notification appliances will activate upon sprinkler water flow; and
1.3 At least one manual fire alarm box is installed at an approved location.
2. Manual fire alarm boxes in resident or patient sleeping areas shall not be required at
exits where located at all nurses' control stations or other constantly attended staff
locations, provided such stations are visible and continuously accessible and that travel
distances required in Section 907.4.2.1 are not exceeded.
907.5.2.3.1.1 Exterior audible / visible alarms. Where automatic and manual fire alarm
systems are installed, a weather proof audible / visible device shall be installed on the exterior
of the building on the street side, or if located within a facility complex, the driveway side which
is most likely the direction of fire department arrival. The device shall be installed in a location
not obstructed from view.
907.7.4 Re- inspection Fee. Failure to meet the requirements for inspection or testing of any
type of fire protection or extinguishing system may result in a re- inspection fee of one hundred
($100) dollars. The inspection or test shall be rescheduled upon receipt of the fee.
907.8.6 Obtaining Confirmation Numbers. When any individual responsible for the building
fire protection systems, or their designee, or contractors for inspection, testing, maintenance,
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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 by calling (409)983 -8700 and
providing information on the identity of the caller, location, type of protection system,
and a description of the activity being conducted which may cause the fire alarm system
to be activated. A confirmation number will be given to the caller to validate the report.
2. The monitoring company for the building fire alarm system shall be put on 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 fire department dispatcher shall be contacted by calling (409)983 -8700 and
providing information on the identity of the caller, location, type of protection system,
and a description of the activity being conducted has been completed and the
protection system is back in normal operation. A confirmation number will be given to
the caller to close out the report.
907.8.7 False Alarm. A false alarm violation occurs:
1. When the individual responsible for the building fire protection systems, or the
designee, fail to take action necessary to prevent initiation of mechanical false alarms
causing response by the fire department exceeding three (3) False Alarms per rolling
ninety (90) day period as determined by the Bureau of Fire Prevention. It is an
affirmative defense that the cause of the false alarm was due to severe weather
conditions at the time the alarm was received and was directly related to the system
malfunction.
2. When the individual, responsible through employment or contract, to conduct
testing, service, or repair of the fire protection system, fails to contact the fire
department under Section 907.11 of this code, and their actions result in system
activation causing response by the fire department.
907.9 Where required in existing buildings and structures. An approved fire alarm system
shall be provided in existing buildings and structures:
1. Where required in Chapter 11.
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2. In Group A, Group E, Group H, Group I and Group R occupancies where there is a
change of building classification, change in ownership, or other change in the Certificate
of Occupancy, the building shall meet the requirements of 907.2.
3.1 In Group B occupancies providing retail and /or storage of rubber tires when the
amount stored exceeds sixty (60) linear feet, the requirements of 907.2.2 shall be met.
3.2 In Group B occupancies having five thousand (5,000) square feet or greater gross
building dimension, the requirements of 907.2.2 shall be met.
4. In Group R -2 occupancies where there is a change of building classification, change in
ownership, or other change in the Certificate of Occupancy, the building shall meet the
requirements of 907.2.
5. Covered and strip mall buildings and other connective structures where there is a
change of building classification, change in ownership, or other change in the Certificate
of Occupancy, the building shall meet the requirements of 907.2.
(G) Section 1105 Requirements for outdoor operations, of Chapter 11 CONSTRUCTION
REQUIREMENTS FOR EXISTING BUILDINGS, of the Fire Prevention Code is hereby amended to
add and read as follows:
SECTION 1105 REQUIREMENTS FOR OUTDOOR OPERATIONS
1105.1 Required access. Fire department access shall meet requirements in Chapter 5 of this
code.
(H) Section 3401 General, of Chapter 34 TIRE REBUILDING AND TIRE STORAGE, of the Fire
Prevention Code is hereby amended to add and read as follows:
SECTION 3401 GENERAL
3401.1 Scope. Tire rebuilding plants, tire storage and tire byproduct facilities shall comply with
this chapter, other applicable requirements of this code and NFPA 13. Tire storage in buildings
shall also comply with Chapter 9 and Chapter 32.
3401.3 Existing. Tire facilities, which are currently operating legally at the time of the adoption
of this code, shall be allowed up to six (6) months to comply with any addition to or changes in
requirements set forth in this code which was not required or referenced by previous codes. One
extension beyond the six (6) months allowed for violation corrections may be authorized at the
discretion of the fire official if justification is provided. Extension beyond the six (6) months
allowed may not exceed forth five (45) days.
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3401.4 Rack structures. Rack structures designed for the storage of rubber tires shall be
constructed of non - combustible materials and shall be maintained for purposes of structural
integrity.
3401.5 Water Accumulation Protection. All tire storage shall be in areas covered by awnings or
canopies or enclosed areas, providing an impermeable cover, in accordance with applicable
health and safety laws, to prevent the accumulation of water. Structural protection provided for
this purpose over tire storage shall be in compliance with the International Building Code.
I) Section 3402 Definitions, of Chapter 34 TIRE REBUILDING AND TIRE STORAGE, of the Fire
Prevention Code is hereby amended to add and read as follows:
SECTION 3402 DEFINITIONS
3402.1 Terms defined in Chapter 2. Words and terms, not specifically defined in this section,
but used in this chapter and defined in Chapter 2 shall have the meanings ascribed to them as
defined therein.
Awning: An architectural projection that provides weather protection, identity or
decoration and is wholly supported by the building to which it is attached.
An awning is comprised of a lightweight, rigid skeleton structure over
which a covering is attached.
Bulk Tire Storage: An accumulatively large quantity of rubber tires in a warehouse type
storage layout.
Buffing: The removal of tread from the tire casing by a buffing machine.
Canopy: A structure or architectural projection of rigid construction over which a
covering is attached that provides weather protection, identity or
decoration, and may be structurally independent or supported by
attachment to a building on one end and by not less than one stanchion
on the outer end.
Fencing or
screening wall: A constructed barrier providing obscuration of the area being protected,
and which is structurally independent and stable.
Impermeable Cover: Not permitting the passage of a fluid through the pores of the material.
Warehouse: A commercial building for storage of goods or commodities.
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Waste Tires: Tires which are no longer suitable for its original purpose because of
wear, damage, or defect. Waste tires also include any tire that is destined
for a tire disposal vendor.
J) Section 3403 Tire Rebuilding, of Chapter 34 TIRE REBUILDING AND TIRE STORAGE, of the
Fire Prevention Code is hereby amended to add and read as follows:
SECTION 3403 TIRE REBUILDING
3403.5 Fire protection. Fire protection shall be in accordance with Section 3408 and /or Chapter
9 of this code.
K) Section 3404 Precautions Against Fire, of Chapter 34 TIRE REBUILDING AND TIRE STORAGE,
of the Fire Prevention Code is hereby amended to add and read as follows:
SECTION 3404 PRECAUTIONS AGAINST FIRE
3404.2 Sources of heat. Cutting and /or welding shall not be operated in tire storage areas. Tire
storage shall be separated from heating appliances or equipment by a minimum of ten (10)
feet, or by shielding so that ignition cannot occur. Open flame type heating equipment shall be
prohibited inside buildings or within ten (10) feet of tire storage or display.
3404.3 Smoking prohibited. Smoking is prohibited at tire storage facilities, except in designated
smoking areas. NO SMOKING signs shall be posted conspicuously in accordance with Section
310 of this code.
3404.5 Protection of materials. Any flammable liquids in storage shall be in accordance with
Chapter 57 of this code. Storage of materials such as, but not limited to, lead acid batteries, fuel
tanks, solvent barrels or containers, and pesticide containers shall be isolated from exposure
should fire occur.
1) Section 3405 Outdoor Storage, of Chapter 34 TIRE REBUILDING AND TIRE STORAGE, of the
Fire Prevention Code is hereby amended in its entirety to read as follows:
SECTION 3405 OPEN / OUTDOOR STORAGE
3405.1 Open Storage Area. Open storage in large area undeveloped property is prohibited.
3405.2 Outdoor Storage / Display. Tires shall be stored:
A) Outdoor Storage.
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(1) On non - combustible racks with the structural stability required for the specific
height. Rack storage shall not exceed eight (8) feet in height. Height of storage racks
positioned within three (3) feet of buildings shall not exceed six (6) feet in height. Any
racks which are determined to be in need of repair which affects the structural
stability required shall be taken out of service and repaired or replaced.
(2)Barrel stacking, on -tread stacking, and pile type storage is prohibited except in the
case of large truck type tires not able to be stored on racks. These large truck tires
may be barrel stacked or tread stacked not exceeding five (5) tires in a grouping.
8) Outdoor Display.
(1) Tires intended for public display shall be stored on non - combustible racks with the
structural stability required for the specific height and not to exceed 120 linear feet.
These display tires may be located beyond the front facing of the building. Weather
protection and separation requirements as identified under Sections 3401.5 and
34.5.2.3 of this code shall be provided.
Exception:
1) Location of public tire display may be allowed in other unfenced areas of the
property at the discretion of the fire official.
2) Alternate methods of public display shall be approved by the Fire Official.
3405.2.1 Aisles. A minimum of 36 inches aisle clearance, remaining free of obstructions at all
times shall be provided between each area of barrel stacked tires, or any racked tire storage
within the same vicinity.
3405.2.2 Separation. Outdoor storage of tires and other combustible materials shall not be
located within ten (10) feet of property lines or within five (5) feet of buildings on the same
property. Storage may be allowed within three (3) feet of buildings on the same property if a
one (1) hour fire separation wall is provided including any eves or soffits existing in the area
where the storage is to occur unless the structure is covered by an automatic sprinkler system
protecting this area of exposure. Where weather protection is provided for tire storage in the
form of awnings, a one (1) hour fire separation wall shall be provided including any eves or
soffits existing in the area where the storage is to occur unless the structure is covered by an
automatic sprinkler system protecting this area of exposure. Canopies shall be separated from
buildings by a minimum of five (5) feet unless protection as required for awnings is provided.
3405.2.3 Fire protection. Fire protection shall be in accordance with Section 3408.
3405.3 Incoming tires. Incoming tires by truck or trailer shall be off - loaded within 24 hours and
worked into stock on the non - combustible racks as required for all retail 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.
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3405.4 Waste Tires. Waste tires shall be stored and handled according to 3405.4.1- 3405.4.3.
3405.4.1 Waste tire storage. Outgoing waste tires intended for disposal may be:
1. Barrel stacked. Each stack shall not exceed six (6) feet in height and each area of
barrel stacked tires shall not exceed more than 100 square feet dimension. No more than
two (2) areas of barrel stacked tires shall be permitted.
2. Stored on racks meeting the requirements in Section 3405.2(A) Outdoor Storage.
3. Alternate methods of waste tire storage shall be reviewed by the Fire Marshal for
approval.
Storage arrangements shall meet separation requirements under Section 3405.2.3 Separation.
These waste tires shall be removed from the premise regularly and not allowed to over -
accumulate.
3405.6.2 Aisles. A minimum of 36 inches aisle clearance, remaining free of obstructions at all
times shall be provided between each area of barrel stacked tires, or any racked tire storage
within the same vicinity.
3405.6.3 Disposal records / Transmittal manifest. Tire facilities shall keep disposal records in
the form of a transmittal manifest in accordance with the tire business requirements in the Code
of Ordinances. Disposal records shall be available for inspection on request by the authority
having jurisdiction.
M) Section 3407 Fencing, of Chapter 34 TIRE REBUILDING AND TIRE STORAGE, of the Fire
Prevention Code is hereby amended in its entirety to read as follows:
SECTION 3407 FENCING
3707.1 Where required. Fencing or a screening wall shall be required where outside tire storage
occurs and shall be eight (8) feet in height. The fencing or screening wall shall be constructed of
masonry or other permanent wall or fence material enclosing the storage area. All gates in the
screening wall or fencing shall be kept secure when the business is closed. Any required
screening wall or fence as described in this section shall be permanently maintained in a safe
and sound vertical condition. Gateways shall be kept clear of obstructions and be fully openable
at all times.
Exception: Tires on racks intended for display in the front of the business will not be
required screening walls or fencing.
(N) Section 3408. Fire Protection, of Chapter 34, TIRE REBUILDING AND TIRE STORAGE, of
the Fire Prevention Code, is hereby amended in its entirety to read as follows:
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SECTION 3408 FIRE PROTECTION
3408.1 Water supply. A public or private fire protection water supply shall be provided in
accordance with Section 507. The water supply shall be arranged such that any part of the
storage yard can be reached by using not more than 500 feet of hose.
3408.2 Automatic sprinkler system. Buildings or structures where automatic sprinkler
coverage is required:
1. Where the area for bulk storage of tires exceeds 20,000 cubic feet, an automatic
sprinkler system in accordance with Section 903.2.9.2 of this code and NFPA 13 shall be
installed.
2. Where the area of rack tire storage exceeds 2,501 square feet, an automatic sprinkler
system in accordance with Section 3208 and Table 3206.2 {High- hazard) of this code and
NFPA 13 shall be installed.
3408.3 Fire alarm and detection systems. Buildings shall be provided with a fire detection
system in accordance with Section 907 of Chapter 9 of this code.
3408.4 Fire extinguishers. Buildings or structures shall be provided within portable fire
extinguishers as required by Table 906.1 in Chapter 9 of this code. Portable fire extinguishers
having a minimum rating of 4A:80B as required under Table 906.3(1) and Table 906.3(2) in
Chapter 9 of this code, and in accordance with NFPA 10, shall be installed per fifty (50) feet of
travel distance within each fire area where tires are stored. Portable fire extinguishers for
accessory areas of a tire storage facility shall be rated appropriately for the fire load in the area
to be covered in accordance with Section 906 of this code and NFPA 10. Portable fire
extinguishers which are mounted where weather exposure is of concern shall be protected by
cabinet or hood type cover designed for fire extinguishers.
(0) Section 3409 Indoor Storage Arrangement, of Chapter 34, TIRE REBUILDING AND TIRE
STORAGE, of the Fire Prevention Code is hereby amended in its entirety to include and read as
follows:
SECTION 3409 INDOOR STORAGE ARRANGEMENT
3409.1 Storage. Indoor tire storage shall be arranged:
1) On non - combustible racks designed with the structural stability required for the specific
height; racks may not exceed three (3) tiers in height unless they are structurally engineered for
the height and weight requirements for the designed load, and the maximum height of racked
tires is not to exceed height requirements listed in accordance with Chapter 32, table 3206.2
{High- hazard }, and
2) A minimum of two (2) feet of clearance shall be maintained from the ceiling.
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3409.1.1 Aisles. A minimum of 36 inches aisle clearance, remaining free of obstructions at all
times shall be provided between each rack of tires in outside storage / display area. If storage
height exceeds twelve (12) feet as defined in Chapter 2 as High Piled Combustible Storage, aisles
shall be arranged in accordance with Section 3206.9 of this code.
3409.2 Indoor Bulk Storage
3409.2.1 Indoor Bulk Storage. Tires must be stored:
1) On non - combustible racks designed with the structural stability required for the specific
height; racks may not exceed three (3) tiers in height unless they are structurally engineered for
the height and weight requirement for the designed load, and the maximum height of racked
tires is not to exceed height requirements listed in accordance with Chapter 32, table 3206.2
{High- hazard), or
2) Barrel stacked; each stack shall not exceed six (6) feet in height and each area of barrel
stacked tires shall not exceed more than 1250 square feet dimension.
3) A minimum of two (2) feet of clearance shall be maintained from the ceiling.
3409.2.2 Aisles. A minimum of 36 inches aisle clearance in accordance with Chapter 10 of this
code, remaining free of obstructions at all times shall be provided between each rack of tires in
a storage area. When storage exceeds 3,750 square feet within the building, a separation aisle
a minimum of sixty (60) inches shall be provided between the accumulative 3,750 square feet
storage areas and any additional storage areas. If storage height exceeds twelve (12) feet as
defined in Chapter 2 as High Piled Combustible Storage, aisles shall be arranged in accordance
with Section 3206.9 of this code.
3409.2.3 Ventilation. Ventilation shall be provided if required by Chapter 32 High Piled
Combustible Storage, Section 3206.7 and Section 910 of this code, and shall be installed in
accordance with the local mechanical code.
3409.2.4 Fire protection. Fire protection shall be in accordance with Section 3408.
(P) Section 5003 Release of Hazardous Materials, of Chapter 50, HAZARDOUS MATERIALS —
GENERAL PROVISIONS, of the Fire Prevention Code is hereby amended to read as follows:
SECTION 5003 HAZARDOUS MATERIALS — GENERAL PROVISIONS
5003.3 Release of Hazardous Materials. Hazardous materials in any quantity shall not be
released into a sewer, storm drain, ditch, drainage canal, creek, stream, river, lake or tidal
waterway or on the ground, sidewalk, street, or highway or into the atmosphere. In the event
of spill, discharge or release producing 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 and
providing 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
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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.
5003.3.1 Unauthorized Discharges. When hazardous materials are released in quantities
reportable under state, federal or local regulations, the fire official shall be notified and the
following procedures required in accordance with Section 5003.3.1.1 through 5003.3.1.5.
5003.3.1.1 Records. Accurate records shall be kept of the unauthorized discharge of
hazardous materials by the permit holder.
5003.3.1.2 Preparation. Provisions shall be made for controlling and mitigating unauthorized
discharges.
5003.3.1.3 Control. When an unauthorized discharge caused by primary container failure is
discovered, the involved primary container shall be repaired or removed from service.
5003.3.1.4 Responsibility. The person, firm, or corporation responsible for an unauthorized
discharge shall institute and complete all actions necessary to remedy the effects of such
unauthorized discharge, whether sudden or gradual, at no cost to the jurisdiction. This includes
incidents where the threat of unauthorized discharge or release is eminent, 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. Costs associated with such cleanup and public protection
measures shall be borne by the owner, operator or other person responsible for the
unauthorized discharge.
5003.3.1.5 False Report or Call. Any firm, corporation, person, or other responsible party,
making a malicious false report causing emergency response, or other call for service as defined
by Section 5001..2.2 Hazard Categories, 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
service call shall be borne by the responsible party.
5003.3.2 Site Survey. 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
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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.
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 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 Tess 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.,
2012 at a regular meeting of the City Council of the City of Port Arthur, Texas by the following
vote: AYES:
•
MAYOR:
COUNCILMEMBERS:
NOES: •
18
DELORIS "BOBBIE" PRINCE, MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS i s FORM:
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
FIRE CHIEF
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J