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HomeMy WebLinkAboutPO 6479: AMENDING CHAPTER 38 (FIRE PREVENTION AND PROTECTION) OF THE CODE OF ORDINANCES k"I _ City of r,r tart rthttt texas INTEROFFICE MEMORANDUM Office of the Fire Chief Date: October 26, 2015 To: Brian McDougal, City Manager From: Larry Richard, Fire Chief RE: Proposed Ordinance 6479 Nature of the Request: The Fire Department recommends that the City Council approve Proposed Ordinance No. 6479 amending or adding sections for the current 2012 International Fire Code. Staff Analysis, Considerations: The City of Port Arthur currently operates under the 2012 International Fire Code. The sections included within this ordinance are amending the 2012 International Fire Code as follows: (A) Section 105 of Chapter 1, SCOPE AND ADMINISTRATION ((1)Includes tire storage and retail facilities in section requiring operational permits; (2)Adds Venting/flaring of flammable materials in section requiring operational permits} (B) Section 109 of Chapter 1, SCOPE AND ADMINISTRATION {Corrects incomplete section within the existing code regarding violation penalties.} (C) Section 307 of Chapter 3, GENERAL REQUIREMENTS (Adds back in the wording from the 2009 Edition IFC which was removed in the 2012 Edition and provides remedy for nuisance burning.) (D ) Section 507 of Chapter 5, FIRE SERVICE FEATURES (Defines the preferred waterline layout for water supply lines servicing fire protection systems. This will help eliminate a lot of confusion experienced in past construction projects and prevent damage to domestic water lines.) (E) Section 907 of Chapter 9, FIRE ALARM AND DETECTION SYSTEMS {Adds a previous section of code back into the fire code which was omitted during the initial 2012 fire code adoption. This section requires individual alarm panels for burglar and fire alarm systems for safety reasons and prevents fire units from responding to burglar alarms.} (F) Section 907 of Chapter 9, FIRE ALARM AND DETECTION SYSTEMS {Adds new sections to address Group R-2 {ie, hotels-nontransient, apartments) and R-4 {ie, assisted living centers, care facilities) buildings as it currently relates to Group R-1 {ie, hotels -transient, boarding houses) buildings in section 907.2.8.4 defining when attic heat detection is required. "Remember we are here to serve the Citizens of Port Arthur" P.O.BOX 1089 * PORT ARTHUR,TEXAS 77641-1089 * 409/983-8101 * FAX 409/982-6743 PAGE 2 Memo to: Brian McDougal, City Manager Proposed Ordinance No. 6479 (G) Section 907 of Chapter 9, FIRE ALARM AND DETECTION SYSTEMS {Adds a previous section of code back into the fire code which was omitted during the initial 2012 fire code adoption. This section defines when a storage facility must be protected by a fire alarm system in new construction.} (H) Section 907 of Chapter 9, FIRE ALARM AND DETECTION SYSTEMS {(1)Modifies existing section regarding the issuance of confirmation numbers for protection by individuals responsible for potential fire protection system activation which may cause unnecessary response by the fire department; (2) Correction of referred section number under the False Alarm section; (3)Adds section to address nuisance alarm violations and responsibility.) (I) Section 907 FIRE ALARM AND DETECTION SYSTEMS of Chapter 9, {Adds a previous section of code back into the fire code which was omitted during the initial 2012 fire code adoption. This section defines when a facility must be protected by a fire alarm system in existing buildings for Assembly, Business, Educational, Factory, Hazardous, Institutional, Mercantile, Residential and Storage occupancies.} (J) Section 3405 of Chapter 34 Outdoor Storage,TIRE REBUILDING AND TIRE STORAGE {Corrects incorrect section number referred to within the section.} (K) Section 3407 of Chapter 34 Fencing,TIRE REBUILDING AND TIRE STORAGE {Corrects incorrect section number referred to within the section.) (L) Section 5006 of Chapter 50, HAZARDOUS MATERIALS—GENERAL PROVISIONS {Adds sections to address the parking of hazardous materials in prohibited areas not currently covered in our fire code. Current code only addresses flammable and combustible liquids.) Recommendations: The Fire Department recommends that the City Council approve Proposed Ordinance 6479 adopting the changes to the 2012 International Fire Code and amendments. "Remember we are here to serve the Citizens of Port Arthur" P. O. BOX 1089 * PORT ARTHUR,TEXAS 77641-1089 * 409/983-8101 *FAX 409/982-6743 P. O. No. 6479 4/22/15 mm ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 38 (FIRE PREVENTION AND PROTECTION) OF THE CODE OF ORDINANCES BY AMENDING OR ADDING SUBSECTIONS TO CHAPTER 1, SCOPE AND ADMINISTRATION, CHAPTER 5, FIRE SERVICE FEATURES, AND CHAPTER 9, FIRE PROTECTION SYSTEMS, CHAPTER 34 TIRE REBUILDING AND TIRE STORAGE, CHAPTER 50 HAZARDOUS MATERIALS — GENERAL PROVISIONS, THROUGH THE 2012 INTERNATIONAL FIRE CODE AND THIS ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING A PENALTY FOR VIOLATIONS BY FINE NOT EXCEEDING TWO THOUSAND DOLLARS, AS PROVIDED IN SECTION 5 OF THIS CODE OR AS MAY BE OTHERWISE IMPOSED BY STATE LAW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE IMMEDIATELY AFTER PUBLICATION. WHEREAS, Section 217.042(a) of the Local Government Code allows the City to define and prohibit any nuisance within the limits of the municipality and within 5,000 feet outside the municipality; and WHEREAS, Chapter 34 of the City Code defines nuisances in the city; and WHEREAS, Section 217.042(b) of the Local Government Code allows the City to enforce all ordinances necessary to prevent and summarily abate and remove a nuisance; and WHEREAS, the following amendments to the fire code are necessary to prevent and summarily abate a nuisance; and WHEREAS, these amendments to the fire code may be enforced in the City, as well as within 5,000 feet of its corporate limits. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That Chapter 38, Section 38.32, of the Code of Ordinances of the City of Port Arthur is hereby amended to include the affected sections to read as follows: 1 Chapter 38 FIRE PREVENTION AND PROTECTION Article II, Standards "Section 38-32. Amendments to the International Fire Code. The International Fire Code, 2012 Edition, including Appendix Chapters, hereinafter referred to as "Fire Prevention Code", Published by the International Code Council, Inc., adopted by City Ordinance No. 11-12, is hereby altered, changed and amended as follows: (A) Section 105 of Chapter 1, SCOPE AND ADMINISTRATION, of the Fire Prevention Code, is hereby amended to add as follows: 105.6.44.1 Tire storage and/or retail facility. An operational permit is required for the operation and maintenance of a tire storage and/or retail facility. 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. (B) Section 109 of Chapter 1, SCOPE AND ADMINISTRATION, of the Fire Prevention 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. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 109.4.1 Abatement of violation. In addition to the imposition of the penalties herein described, the fire code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises. (C) Section 307 of Chapter 3, GENERAL REQUIREMENTS, of the Fire Prevention Code, is hereby amended to read as follows: 2 307.1.1 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. (D) Section 507 of Chapter 5, FIRE SERVICE FEATURES, of the Fire Prevention Code, is hereby amended to add as follows: 507.1.1 Water supply for fire protection systems. All water supply lines for fire protection systems shall be installed by a company licensed to install automatic sprinkler systems. They shall hold a current license issued by the Texas Department of Insurance, State Fire Marshal's Office for installing underground piping for fire water supply, as required under the Texas Insurance Code, Chapter 6003. Where the water line leaves the city tap and meter assembly, if domestic water is to be shared by the meter assembly, the domestic water line shall separate immediately after the meter assembly and the fire water supply line shall continue to the fire protection system riser. Unless otherwise approved by the fire official, a post indicator valve (PIV) shall be placed on the fire water supply line immediately following the separation from the domestic water line if hydrostatic test is required by NFPA codes. (E) Section 907 of Chapter 9, FIRE PROTECTION SYSTEMS, of the Fire Prevention Code, is hereby amended to read as follows: 907.1.3 Equipment. Systems and components shall be listed and approved for the purpose for which they are installed. Where replacements of non-functional or impaired fire alarm systems occur, replacement may be required to meet the intent of Section 907 of this code on discretion of the fire official. 907.1.3.1 Addressable. Fire alarm systems shall provide full coverage and shall be 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. 907.1.3.2 Combination panels. Combination control panels shall be restricted for use in monitoring only. Combination panels used for this purpose shall provide battery calculations equal to the dedicated fire alarm control panel. Notification shall come from dedicated fire alarm control panels. All fire alarm and detection systems and equipment installed shall be maintained and operational. 3 (F) Section 907 of Chapter 9, FIRE PROTECTION SYSTEMS, of the Fire Prevention Code, is hereby amended to read as follows: 907.2.8.4.1 Group R-1. In Group R-1 occupancies which have an attic space and are required to have a building fire alarm system by this code, shall utilize fixed temperature heat detectors in the attic space, if required by the Fire Official. Heat detectors installed in an attic space shall have a rating of no less than 194 degrees F. Heat detectors are not required in attic spaces which are protected by an automatic sprinkler system. 907.2.8.4.2 Group R-2. In Group R-2 occupancies which have an attic space and are required to have a building fire alarm system by this code, shall utilize fixed temperature heat detectors in the attic space, if required by the Fire Official. Heat detectors installed lin an attic space shall have a rating of no less than 194 degrees F. Heat detectors are not required in attic spaces which are protected by an automatic sprinkler system. 907.2.8.4.3 Group R-4. In Group R-4 occupancies which have an attic space and are required to have a building fire alarm system by this code, shall utilize fixed temperature heat detectors in the attic space, if required by the Fire Official. Heat detectors installed in an attic space shall have a rating of no less than 194 degrees F. Heat detectors are not required in attic spaces which are protected by an automatic sprinkler system. (G) Section 907 of Chapter 9, FIRE PROTECTION SYSTEMS, of the Fire Prevention Code, is hereby amended to read as follows: 907.2.24 Group S. 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; or where any building includes high pile combustible storage. Exception: 1. Where it is provided in writing to the fire official that no combustible or hazardous products will be stored within the building and no additional hazards will exist within the building which would require additional fire protection. Any future changes in usage or type of storage will require the fire alarm system to be installed. 2. Where the building environment is not within the manufacturers specifications for smoke detector installation, the fire official may determine an alternative method of protection, or waive the smoke detector installation for the area not suitable for the detection device. 4 (H) Section 907 of Chapter 9, FIRE PROTECTION SYSTEMS, of the Fire Prevention Code, is hereby amended to read as follows: 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, 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 including company information and 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. A confirmation number will be assigned to the report. 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 and the confirmation number shall be provided to the individual for his records. Any fire protection systems not able to be repaired at the end of the work day, which by definition of NFPA standards, leaves the premise unprotected, shall be reported to the Fire Marshal's office within the time frame as required by NFPA. The individual shall, upon return to the site to complete any needed repairs on the fire protection system, shall call the dispatcher to provide the information as listed above in item #1. 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 907.8.6 of this code, and their actions result in system activation causing response by the fire department. 5 907.8.8 Nuisance Alarm. A nuisance alarm violation occurs when: 1. A premise where smoke detection devices installed are activated as a direct result of a specific action by any person within the building causing emergency response by the fire department. 2. This action is one which is reoccurring and in which occupants of the building have been advised previously that repeated similar action causing the smoke detection activation may result in penalties under the current adopted fire code. 3. Nuisance alarms may be caused by, but are not limited to: smoking or using vapor producing devices, activities which create dust where protection of the fire alarm system is not provided, etc. 907.8.8.1 Nuisance Alarm Responsibility. Responsibility of violation may be shared by the individual left in operation of the business at the time of the nuisance alarm and/or the individual causing the action which initiated activation of the smoke detection device, at the discretion of the fire official. (I) Section 907 of Chapter 9, FIRE PROTECTION SYSTEMS, of the Fire Prevention Code, is hereby amending subsection (2) under section 907.9 to read as follows: 907.9 Where required in existing buildings and structures. 2. In Group A, Group B, Group E, Group F, Group H, Group I, Group M, Group R, and Group S 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. (J) Section 3405 of Chapter 34 Outdoor Storage, TIRE REBUILDING AND TIRE STORAGE, of the Fire Prevention Code, is hereby amended to read as follows: 3405.2 Outdoor Storage/ Display. Tires shall be stored: A) Outdoor Storage. (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. 6 B) 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 not be located beyond the front facing of the building. Weather protection and separation requirements as identified under Sections 3401.5 and 3405.2.2 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 storage 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. (K) Section 3407 of Chapter 34 Fencing, TIRE REBUILDING AND TIRE STORAGE, of the Fire Prevention Code, is hereby amended to read as follows: Section 3407 Fencing. 3407.1 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 operable at all times. 7 Exception: Tires on racks intended for display in the front of the business will not be required screening walls or fencing. (L) Section 5006 of Chapter 50, HAZARDOUS MATERIALS — GENERAL PROVISIONS, of the Fire Prevention Code, is hereby amended to read as follows: 5006.1 Parking. Parking of tank vehicles, tube trailers, or trucks transporting hazardous materials, or meeting DOT placarding requirements shall be in accordance with Sections 5006.1.1 through 5006.1.3. 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. 5006.1.1 Parking near residential, educational and institutional occupancies and other high- risk areas. 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. 5006.1.2 Parking on thoroughfares. 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. 5006.1.3 Duration exceeding 1 hour. 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: 8 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. 5006.1.4 Garaging. 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. 5006.1.5 Portable Fire Extinguisher. Tank vehicles, tube trailers, or trucks transporting hazardous materials, or meeting DOT placarding requirements shall be equipped with a portable fire extinguisher complying with Section 906 and having a minimum rating of 2A:20BC. During unloading of the tank vehicle, the portable fire extinguisher shall be out of the carrying device on the vehicle and shall be 15 feet or more from the unloading valves of any vehicle transporting flammable or combustible materials. 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. 9 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., 2015 at a regular meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: MAYOR: COUNCILMEMBERS: NOES: MAYOR ATTEST: CITY SECRETARY APPR VEDA TO FORM: / 0 . CITY ATTOR'EY APPROVED FOR ADMINISTRATION: CITY MANAGER FIRE CHIEF 10