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HomeMy WebLinkAboutORD 2004-84 - 2003 Fire CodeORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS AMENDING THE CITY OF GEORGETOWN CODE OF ORDINANCES RELATING TO CHAPTER 8.04 "FIRE PREVENTION CODE" TO PROVIDE FOR THE ADOPTION OF THE 2003 INTERNATIONAL FIRE CODE AND MAKE CORRESPONDING AMENDMENTS; REPEALING CHAPTER 8.05 "SUPPLEMENTAL FIRE CODE"; INCLUDING PROVISIONS FOR THE PHASING IN OF THE APPLICATION OF THE 2003 INTERNATIONAL FIRE CODE; ESTABLISHING A TRI -ANNUAL REVIEW PERIOD; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; INCLUDING A PENALTY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, it is the desire of the City Council of Georgetown, Texas to adopt, in all respects, the "2003 International Fire Code", with the associated commercial and residential code requirements and (appendices, errata, deletions, local amendments and as amended in the fixture) relating to fire prevention as set forth herein; and WHEREAS, the City Council of Georgetown, Texas has found that the present fire codes of the City of Georgetown has become obsolete and inadequate; and WHEREAS, the City Council of Georgetown, Texas is adopting the 2003 International Fire Code, and is also, in companion ordinances also considered on this day, making revisions to the provisions of Chapter 8.04 related to liquid propane gas and hazardous materials stored in above ground tanks; and WHEREAS, the City Council of Georgetown, Texas has determined that the adoption of the International Fire Code is done to facilitate proper inspection activities by Georgetown, Texas relating to fire prevention within the corporate city limits of Georgetown and in the extra- territorial jurisdiction of Georgetown, for commercial buildings served by Georgetown utilities, relating to public safety, health, and general welfare; and WHEREAS, the Building Standards Commission, which has been appointed by the City Council, has (1) reviewed the effect of the proposed regulations; (2) held public hearings related to same; and (3) made recommendations to the City Council for adoption of the same, including the revisions and deletions to the regulations noted herein; and WHEREAS, the caption of this Ordinance has been published in the Williamson County Sun in compliance with the City Charter of the City of Georgetown. Fire Prevention Code Ord. No. a00444 Chapter 8.04 — Repealing Chapter 8.05 Page 1 NOW, THEREFORE, BE IT GEORGETOWN, TEXAS, THAT: ORDAINED BY THE CITY COUNCIL OF SECTION 1. The facts and recitations contained in the preamble of this Ordinance are hereby declared to be true and correct, and are incorporated be reference herein and made a part hereof, as if copied verbatim. The City Council hereby finds that this Ordinance implements the following Policies of the Century Plan — Policy Plan Element: Housing Policy 5.0 "All citizens have access to safe and adequate housing opportunities. " Further, as required by Section 2/03 of the Administrative Chapter of the Policy Plan, the City Council hereby finds that the enactment of this Ordinance is not inconsistent with or in conflict with any other Century Plan Policies. SECTION 2: Chapter 8.04, "Fire Code," is hereby amended as shown on Exhibit A to this Ordinance, which is attached hereto and incorporated herein as if set forth in full. SECTION 3: Chapter 8.05 "Supplemental Fire Code" is hereby repealed. SECTION 4: All projects that are under construction on the Effective Dale of this Ordinance and. all complete applications for a building permit accepted by the City of Georgetown on the Effective Date of this Ordinance shall be allowed to complete construction under the terms of the prior provisions of Chapter 8.04 and shall not be required to meet the requirements of the 2003 International Fire Code. All permit applications submitted after the Effective Date of this Ordinance shall comply with the terms of the Chapter 15 as amended by this Ordinance in its entirety. SECTION 5: The City Council has directed the Building Official to prepare a review of the newest updated version of the construction codes three (3) years from the effective date of this Ordinance. SECTION 6: All Ordinances and Resolutions, or parts of Ordinances and Resolutions, that are in conflict with this Ordinance are hereby repealed, and no longer in effect. SECTION 7: If any provisions of. this Ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or applications thereof, of this Ordinance which can be given effect without the invalid provision or application and to this end the provisions of this Ordinance are hereby declared to be severable. SECTION 8: The Mayor of Georgetown is hereby authorized to sign this Ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effecting accordance with the terms of the City Charter. Fire Prevention Code Ord. No. aQ0 q6 Chapter 8.04 — Repealing Chapter 8.05 Page 2 fl PASSED AND APPROVED on First Reading on the day of November 2004, PASSED AND APPROVED on Second Reading on the day of December 2004. ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: Patricia E. Carls City Attorney Fire Prevention Code Ord. No. Chapter 8.04 — Repealing Chapter 8.05 Page 3 THE CITY OF GEORGETOWN: Mayor EXHIBIT "A" CHAPTER 8.04. FIRE PREVENTION CODE Sec. 8.04.010. Fire Code Adopted. A. The provisions of the 2003 International Fire Code (ICC) are hereby adopted by Y reference as if set forth in full, including Appendix E with the specific local amendments as set forth in this Chapter. In this Chapter the 2003 International Fire Code shall be referred to as "the Code" and the Code shall establish regulations affecting or relating to structures, processes, premises and safeguards. B. A copy of the Code shall be placed at the Georgetown Public Library and on file at the office of the Building Official, See. 8.04.020. Life Safety Code. The Code, Chapter 45, "Referenced Standards" shall be amended and the following section shall be added as follows: "When the International Building and Fire Codes do not contain requirements on a particular aspect of a means of egress, hazardous occupancy or life safety in general, NfiPA 101 Life Safety Code, as published by the National Fire Protection Agency, shall be accepted as an engineering practice standard for Building and/or Fire Code applications and regulations of new and existing buildings for construction, remodels, alterations and fire code inspections and maintenance. Where there is conflict between the 2003 International Building, Fire and NfiPA 101 Codes, the most restrictive provision shall apply." See. 8.04.030. Explosives and Fireworks; :Blasting Permits. The Code, Chapter 33 entitled `Explosives and Fireworks" shall be deleted and replaced with the following: A. "The possession, manufacture, storage handling, sale and use of explosive, explosive materials, fireworks and small arms ammunition shall be governed by this section and Chapter 8.08, "Fireworks"; and by the Code, Chapter 33, whichever shall be the most restrictive. B. Permits shall be obtained to use explosives or blasting agents. Permits shall be issued by the fire marshal or his designate and shall be one of the following classes: Class A permit: An instrument indicating approval by the fire marshal or his designate for the use of explosives at the specified location for a period of 30 calendar days from the date of issuance. Class B permit: An instrument indicating approval by the fire marshal or his designate for the use of explosives at the specified location for a period of 120 calendar days from the date of issuance. Fire Prevention Code Ord. No. 44 Exhibit A Chapter 8.04 — Repealing Chapter 8.05 Page 4 Class C permit: An instrument indicating approval by the fire marshal or his designate for the use of explosives at the specified location for a period of one year from the date of issuance. Each permit shall be valid only at the location specified, and permits are not transferable to other locations or other individuals. C. Permit fees: Permits authorized by this section shall be issued only upon payment of the appropriate fees as set forth below: Class A permit: $25.00 Class B permit: $50.00 Class C permit: $100.00. Sec. 8.04.040. Bond required. Before a permit is issued, the applicant shall file with the fire marshal or his designate, a surety bond in the amounts of $1,000,000.00 covering personal injury and $1,000,000.00 covering property damage, or a public liability insurance policy in the same amounts, for the purpose of the payment of all damages to persons or property which arise from or are caused by the conduct of any act authorized by the permit upon which any legal judgment results. Public agencies shall be exempt from this bond requirement. The applicant shall be solely responsible for any and all damages to persons and property which arise from or are caused by, the conduct of any act authorized by the permit upon which any legal judgment results, and the city shall be held harmless from any claim for damages to persons or property. Sec. 8.04.050. Jurisdiction. The unregulated use of explosives or blasting agents is hereby defined as a nuisance and is prohibited within the city limits and outside the city limits for a distance of 5,000 feet. All provisions of the Code shall therefore be enforced within the city limits and outside the city limits for a distance of 5,000 feet. Sec. 8.04.055. Aboveground tank storage. A. The Code, Section 1405.1 "Storage of flammable and combustible liquids", Section 1405.2 "Class I and Class II liquids", Section 3404.2.9 "Above -ground tanks", Section 3804 "Location of Containers" are deleted in their entirety and replaced with this Section. B. The Code, Section 2206.2.3 "Above -ground tanks located outside, above grade", Section 2703.2.4.1 "Underground tanks", Section 3104.2.1 "Above -ground outside storage tanks", Section 3204.3 "Outdoor storage" are deleted in their entirety and replaced with this Section. C. Any aboveground tank for the purposes of the storage of flammable, combustible, or otherwise hazardous materials, shall be installed in accordance with the following: 1. The tank shall be a "vaulted" tank, built to testing agency specifications and approved by the authority having jurisdiction. Minimum standards shall include any U.L. listed (standard 142 steel aboveground tanks for flammable and combustible liquids) steel tank, all portions of which shall be enclosed in a secondary containment and encased with six inches of reinforced concrete Fire Prevention Code Ord. No. QDD44q Exhibit A Chapter 8.04 — Repealing Chapter 8.05 Page 5 and the complete structure shall be U.L. listed in accordance with U.L. Subject 2085, protected type. 2. All aboveground tanks shall have a spill containment area capable of holding the combined capacity of all tanks in the facility. This containment structure shall be built of a material that is impervious to the material being stored. 3. All aboveground tanks located inside the city limits of Georgetown, Texas shall be directly accessible from a major arterial roadway, as defined by Section 10.04.030 of the City of Georgetown Code of Ordinances "Flammable Liquid Transport and Parking Restrictions," or by a street within the confines of a designated "Industrial Park." 4. All aboveground tanks shall have emergency vehicle access from all sides via an all-weather driving surface of not less than 20 feet in width with adequate roadway turning radius, capable of supporting the imposed loads of fire apparatus, and having a minimum vertical clearance of 13 feet six inches. 5. Tanks shall be limited in size to not exceed 1,000 gallon capacity. 6. Aboveground tanks within the city limits shall not be used for commercial or retail purposes. 7. Aboveground tanks within the city limits of Georgetown, Texas shall not be located in areas zoned residential. 8. All aboveground tanks shall follow all guidelines set forth in National Fire Protection Association Standards 30 and 30A as amended. 9. No aboveground tanks shall be allowed in the fire district(s). 10. No more than two tanks shall be allowed at any one site. 11. All aboveground tanks shall be protected from mechanical damage by guardrails or guard posts. 12. No materials can be dispensed by gravity feed; all materials shall be dispensed by approved pumps taking suction through the top of the container. 13. Aboveground storage tanks shall comply with all City, County, State and Federal statutes and regulations. Sec. 8.04.060. Section 1901.4.6 added—Stop Work Order; Violations; Penalties. The Code, Chapter 1 "Administration", Section 111.4 "Stop Work Order", Section 111.4 "Failure to Comply" shall be deleted in its entirety and replaced with the following: Any person violating any provision of the this Chapter or the Code is subject to punishment as provided in Section 1.08.010 of the City of Georgetown Code of Ordinances. Sec. 8.04.065. Gated areas and communities. Chapter 6 of the Fire Prevention Code adopted in this chapter is amended by adding thereto Section 602.6.5.1 as follows: Excepting individual single-family residences, Gates or other barriers that restrict access to areas of residential usage are prohibited, including, but not limited to, subdivisions, apartments, rooming houses, dormitories, hotels motels, or any structure used as a domicile or for sleeping purposes. Fire Prevention Code Ord. No. QD04ggq Exhibit A Chapter 8.04 — Repealing Chapter 8.05 Page 6 Gates or restricted access to areas of commercial or industrial use shall be permitted if it is determined by the authority having jurisdiction that, it poses no threat to the occupants of the area to be gated, or to the responders in the event of an emergency. Sec. 8.04.070. Arson reward. The City offers a reward of $250.00 for the arrest and conviction of any person or persons found guilty of committing the crime of arson within the City. This reward is a standing offer, and shall be paid out of the general fund of the City. Sec. 8.04.080. Burning of refuse. It is unlawful for any person to burn within the City any garbage, trash, brush or other waste material unless such burning is performed in an incinerator constructed for that purpose and approved by the Fire Marshal of the City. Such approval by the Fire Marshal shall be given in writing and only for the incinerator providing proper protection against fire to surrounding property and premises and if such incinerator is constructed and maintained in accordance with the requirements of the Air Pollution Control District having jurisdiction. Sec. 8.04.090. Open Burning. A. The Code, Chapter 1 "Administration", Section 105.6.31 "Open burning" shall be deleted and replaced with the following: "An operational permit is required for any type of open burning or recreational fires within the city limits of Georgetown, Texas." B. The Code, Section 307 "Open Burning and Recreational Fires" is deleted in its entirety. Sec. 8.04.100. Open Flame Cooking Devices. The Code, Section 308.3.1 "Open -flame cooking devices shall be deleted in its entirety and replaced with the following: " No open -flame cooking device shall be operated within 10 feet of any building, including any overhang or projections of a building. The only exception to this provision is for One and Two - Family Dwellings." Sec. 8.04.110. Residential Combustion Services; Dedicated Fire Lines. The Code, Section 903.3.5.1.2 "Residential combination services" shall be deleted in its entirety and replaced with the following: Fire Prevention Code Ord. No. A004* Y Exhibit A Chapter 8.04 — Repealing Chapter 8.05 Page 7 "Dedicated fire lines shall be provided for all NFiPA 13 and NFiPA 13 R Fire Suppression Systems. Domestic water supplies shall not be allowed on a Dedicated Fire Line except for NFiPA 13D Fire Suppression Systems." Sec. 8.04.111. Manual Fire AIarms. The Code, Section 907.2.3 "Group E, exceptions" shall be deleted in its entirety and replaced with the following: " A manual fire alarm system shall be installed in Group E occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system." Sec. 8.04.112. Signs. The Code, Section 907.4.4 "Signs" shall be deleted in its entirety and replaced with the following: "All fire alarm systems shall be monitored at all times, either by an occupied supervising station or telephonically." Sec. 8.04.113. Means of Egress. The Code, Section 1007.1 "Accessible means of egress required", exception 1 shall be deleted and replaced with the following: "An accessible means of egress shall be provided in all spaces of all buildings." Sec. 8.04.114. Access — ControlIed Egress Doors. The Code, Section 1008.1.3.4, exception 6 "Access — controlled egress doors" shall be deleted and replaced with the following: "Entrance doors in buildings with occupancy in group A, 8, E, M or H shall not be secured from the egress side during periods that the building is open to the general public." Sec. 8.04.115. Locks and Latching Devices. The Code, Section 1008.1.8.3 "Locks and latches" shall be deleted in its entirety are replaced with the following: "Locks and latching devices shall not be employed in any building on the egress side during the time the building is open to the public or otherwise occupied." Sec. 8.04.116. Exit and Exit Access Doors Required. Fire Prevention Code ©rd. No. cID04 Exhibit A Chapter 8.04 — Repealing Chapter 8.05 Page 8 The Code, Section 1014.1, 1 and table 10 14. 1 `Exit and exit access doorways required" shall be deleted and replaced with the following: "No assembly occupancy, regardless of size shall be permitted to maintain only one means of egress." See. 8.04.120. Appeals. The Code, Chapter 1 "Administration", Section 108 "Board of Appeals" is hereby deleted in its entirety and replaced with the following: For the purpose of Chapter the Board of Appeals , as referenced throughout the Code shall be known as the Building Standards Commission, as appointed by the City Council of Georgetown, Texas. The Commission shall hear cases involving appeals, orders and decisions or determinations made by the Fire Marshal or his designee to the application and interpretation of the Fire Code. Reference shall be made to Chapter 2.64 Building Standards Commission of the Georgetown Code of Ordinances and the Building Standards Commission By -Laws, Fire Prevention Code Ord. No. oUO '" Exhibit A Chapter 8.04 — Repealing Chapter 8.05 Page 9