HomeMy WebLinkAboutPO 6479: AMENDING CHAPTER 38 (FIRE PREVENTION AND PROTECTION) OF THE CODE OF ORDINANCES k"I _
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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:
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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:
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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.
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(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.
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(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.
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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.
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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.
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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:
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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.
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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
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