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HomeMy WebLinkAbout021929 ORD - 05/03/1994AN ORDINANCE AMENDING CHAPTER 18, FIRE PREVENTION CODE, ARTICLE I, IN GENERAL, OF THE CITY CODE OF ORDINANCES BY ADOPTION OF THE SBCCI STANDARD FIRE PREVENTION CODE, 1991 EDITION; PROVIDING FOR ADDITIONS, DELETIONS, AND CHANGES TO SAID CODE; REPEALING ALL PREVIOUS PROVISIONS OF ARTICLE I; REPEALING ALL PROVISIONS OF ARTICLE IV, FIRE RESERVE FORCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE OF JUNE 1, 1994. WHEREAS, the 1991 edition of the Standard Fire Prevention Code was adopted by the International Association of Fire Chiefs and published by the Southern Building Code Congress International, Inc. (SBCCI); WHEREAS, the City of Corpus Christi desires to amend the City of Corpus Christi Fire Prevention Code by adoption of the 1991 Standard Fire Prevention Code with certain additions, deletions, and changes for regulatory purposes and in the interest of life and property protection; and WHEREAS, the City of Corpus Christi desires to amend the City of Corpus Christi Fire Prevention Code by deleting the requirement to establish and maintain a Fire Reserve Force; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Standard Fire Prevention Code, 1991 Edition, a copy of which is on file in the City Secretary's office, a Table of Contents of said Code which is attached hereto as Exhibit A, is hereby adopted as Article I, Section 18-1 of the City Code of Ordinances providing for certain additions, deletions, and changes and repealing all previous provisions of Article I as follows: ARTICLE I. IN GENERAL Sec. 18-1 Fire Prevention Code . The SBCCI Standard Fire Prevention Code, 1991 Edition, 1985 edition, a copy of which, authenticated by the signatures of the Mayor and the City Secretary, made public record by this section, and on file in the City Secretary's office, is hereby adopted verbatim by reference as if fully copied at length herein as the Fire Prevention Code in Chapter 18, Article I, Section 18-1 of the City of Corpus Christi Code of Ordinances. 93NH1189.004.aL 4-26-94 (F4:19,29 M/CRWIL EQ 2 Appendix A, Recommended Supplemental Administrative Provisions; Appendix B, Upholstered Furniture; Appendix C, Hazardous Materials Management Plan and Hazardous Materials Inventory Statement; and Appendix D, Hazardous Materials Classifications of the SBCCI Standard Fire Prevention Code are solely for the purpose of providing information, recommended practices, and to clarify technical issues and shall not have the force and effect of law. Additions, deletions, and changes are made to the SBCCI Standard Fire Prevention Code, 1991 Edition, and correlated to the appropriate paragraph numbers in the Standard Fire Code as follows: CHAPTER 1 ADMINISTRATION 101 TITLE AND SCOPE 101.2 Code Remedial 101.3 Scope 101.3.1 Applicability. The provisions of this Code shall apply to the repair, equipment, use and occupancy, and maintenance of every existing building or structure or any existing appurtenances connected or attached to such buildings or structures. When there are specific requirements, they shall take precedence over General Provisions. Except for the Corpus Christi Building Code. where different sections of the City Code of Ordinances specify different requirements. the most restrictive shall govern. In the case of any conflict in construction permitting or proposed construction standards between the Corpus Christi Building Code and the Fire Prevention Code, the provisions of the Building Code shall govern. 101.33 Appendices. The appendices included in this Code and the appendices included in referenced standards are not intended for enforcement unless specifically referenced in the Code text or specifically included in the adopting this Ordinance or necessary to clarify technical issues. ** 93NH1189.004.ak 4-26-94 3 101.4 Fire Prevention Department Bureau There is hereby established a division of the fire department to be called the Fire Prevention Department Bureau and the person in charge shall be known as the Fire Official and/or Fire Marshal. 101.5 Existing Conditions Existing conditions not in strict compliance with this Code may be permitted to continue, if in the opinion of the Fire Official these conditions do not constitute a distinct serious hazard to life or property. 102 POWERS AND DUTIES OF THE FIRE OFFICIAL 102.2 Unsafe Buildings All buildings or structures which do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings. All such unsafe buildings are hereby declared illegal and the Fire Official shall refer the building to the Building Official for abatement by repair and rehabilitation or by demolition. in accordance The Fire Official shall have the right to evacuate the facility and placard all entrances and restrict/restrain the occupancy until all hazards and/or deficiencies have been abated. 102.7 Written Notices And Citations At such time as an inspection is conducted by a representative of the Fire Prevention Bureau and minor Fire Code violations are found to exist written notice specifying the defects is to be given to the business owner or any person in charge of the premises. A reasonable amount of time shall be given to abate the violation. If a violation of the Fire Prevention Code is unabated after written notice and a reasonable amount of time, then the Fire Official or Fire Inspector may issue a citation to the business owner or to any person in charge of the premises. However, the following violations are considered to be of a serious nature and citations may be issued immediately without prior written notice: 93NHI 189.004.ak 4-26-94 4 1. Locked or blocked exits in assembly or educational occupancies. 2. Non-functional or disabled fire alarm system where required. 3. Closed valves to sprinkler system. 4. Overcrowded conditions. 5. Illegal burning. 6. No smoke detectors where required. 7. No fire extinguisher where required. 8. Any other condition that, in the opinion of the fire inspector, poses imminent danger. When citations are issued as a result of violations of the Standard Fire Prevention Code, the penalty shall be not less than a fifty ($50) dollar fine and not to exceed a maximum of two thousand ($2,000) dollars per day per violation. ** 105 MODIFICATION OF FIRE PREVENTION CODE 105.1 Appointment gover-ning-beer The City Manager, the Fire Chief, and the Fire Marshal, acting together, shall have the power to modify any provision of the Fire Prevention Code, upon application in writing by the owner or lessee or their duly authorized agents, when there are practical difficulties in the way of carrying out the strict letter of the Code; provided that the spirit of the Code shall be observed, public safety secured and substantial justice done. Such modification shall only be applicable upon the unanimous approval of the City Manager, the Fire Chief, and the Fire Marshal in writing. The particulars of such modification when granted or allowed by such unanimous approval shall be entered into the records of the Fire Marshal and a signed copy shall be furnished to the applicant. 105.2 Appeals 105.2.1 General. Whenever it is claimed that the provisions of the Code do not apply, or when it is claimed that the true intent and meaning of this Code or any of the regulations thereunder has been misconstrued or incorrectly interpreted, the owner of such building or structure, or his duly authorized agent may appeal the decision of the Fire Official to the City Manager by filing notice of appeal with the Fire Chief. Notice of appeal shall be in writing and filed within 15 days after the decision is 93NH1189.004.ak 4-26-94 rendered by the Fire Official. 105.3 Decisions 5 105.3.1 Variances. The : : : .. • :. - : • :. : City Manager Fire Chief, and Fire Marshal. collectively when so appealed to and after a hearing, may vary the application of any provision of this Code to any particular case when, in its their unanimous opinion, the enforcement thereof would do manifest injustice, and would be contrary to the spirit and purpose of this Code or public interest, or when, in its their opinion the interpretation of the Fire Official should be modified or reversed. 105.3.2 Action. In every case, reach a decision shall be reached without unreasonable or unnecessary delay. Each decision of the shall also include the reasons for the decision. If a decision : ::: reverses or modifies a refusal, order, or disallowance of the Fire Official, or varies the application of any provision of this Code, the Fire Official shall immediately take action in accordance with such decision. 105.3.3 Decisions Are Final. Every decision of the ::: City Manager. Fire Chief. and Fire Marshal shall he final, subject however to such remedy as any aggrieved party might have in accordance with the City Charter or at law or in equity. 107 INVESTIGATION OF FIRES AND PROSECUTION FOR ARSON, ETC. 107.1 Investigations The City Attorney, upon the request of the Fire Marshal, shall assist the Fire Marshal and his deputies in the investigation of any fire which in the opinion of the Fire Marshal might have resulted from carelessness or design. The Fire Marshal, when in his opinion further investigation as to the cause of any fire is necessary, shall take or cause to be taken the testimony under oath of all persons supposed to be cognizant of any facts or to have means of knowledge in relation to the matter under investigation, and he shall cause the same to be reduced to writing. If he is of the opinion that there is evidence sufficient to charge any person with the crime of arson, or with any attempt to commit the crime of arson, or of conspiracy to defraud, or criminal conduct in connection with such offenses, or either of them, then in that event he shall furnish to the proper prosecuting attorney all such evidence together with the names of witnesses and all of the information obtained by him, including a copy of all the pertinent and material testimony taken in the case. 93NH1189.004.ak 4-26-94 6 107.2 Witnesses The Fire Marshal shall have the power to summon and compel the attendance of witnesses before him to testify in relation to any matter which is by the provisions of this Code a subject for inquiry and investigation, and he may require the production of any book, paper, or document deemed pertinent thereto. 107.3 Oaths. Affirmations and Summons The Fire Marshal is hereby authorized and empowered to administer oaths and affirmations to any persons appearing as witnesses before him, and false swearing shall be punished as such. Any witness who refuses to be sworn, or who refuses to testify, or who disobeys any lawful order of the Fire Marshal, or who fails or refuses to produce any book, paper, or document touching any matter under examination, or who is guilty of any contemptuous conduct after being summoned to give testimony in relation to any matter under investigation as aforesaid, shall be deemed guilty of violating this Chapter. It shall be the duty of the Fire Marshal to make complaint against the person so refusing to comply with the summons or order of the Fire Marshal before the municipal court of the city. 107.4 Rewards The mayor is authorized and directed to make public proclamation in the name of the City offering a reward of .. . , II I five hundred dollars ($500.00) for the arrest and conviction in a court of competent and final jurisdiction, of any person found guilty of the crime of arson, as defined in the statutes of the state, within the limits of the City and to have the proclamation printed upon placards eight (8) by twelve (12) inches in size and placed in wooden frames, under glass, and posted in at least twenty (20) public buildings in the city. 107.5 Arson It shall be unlawful for any person who as a guest or occupant of any hotel, rooming house, tourist court, motel or any other place renting rooms for the accommodation of the public who shall, by smoking, or attempting to light or to smoke cigars, cigarettes, pipes or tobacco in any manner in which lighters or matches are employed, or who, in the disposition of lighted matches, cigars or cigarettes or live embers of any smoking material, in a careless, reckless or negligent manner, whether willfully or not, sets a fire to any mattress, bedding, furniture, curtains, drapes or any other household furnishings shall be 107.6 Tampering With Fire Protection Systems It shall be unlawful for any person to tamper with, remove, injure or destroy any wiring, bracket, fixture, orifice, extinguishing system, fire alarm or any part thereof or appurtenance thereto, of the fire alarm -system of the city protection systems required by this Code. 107.7 False Alarms It shall be unlawful for any person to turn in to the fire department or to any city division, department, or official any false alarm of fire or any false report of the existence of any bomb or other explosive. 93NH1189.004.ak 4-26-94 7 7 108 LIABILITY Any public employee. officer or other persons responsible for the enforcement of this Code acting for the City of Corpus Christi in the discharge of his duties shall not thereby render himself liable personally for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. CHAPTER 4 PERMITS AND CERTIFICATES 402 PERMITS BY USE 402.1 Airports, Heliports And Helistops 402.1.1 No person shall use any building, shed or enclosure as an aircraft hanger, or for the purpose of servicing or repairing any aircraft, without a permit. 402.1.2 No person shall operate an aircraft refueler unless a valid permit has been issued for such vehicle. . 1. A. - per -mit 402.2 Combustible Fibers Storing or handling combustible fibers in quantities in excess of 100 cu ft shall require a permit. 102.3 Cellulose Nitrate Motion Picture Film 102.3.1 A permit shall be required for the storage, keeping or handling of 25 lb or more 93NH1189.004.ak 4-26-94 1 111 8 402.3 Compressed Gas A permit shall be required for the storage, handling or use at normal temperature and pressure of more than 2000 cu ft of flammable compressed gas or 6000 cu ft of nonflammable compressed gas. . •-- 402.4 Cryogenic Fluids Except when regulated by Federal or state regulations a permit shall be obtained for: 1. Production, storage or sale of cryogenic fluids. 2. Transportation on the highway of flammable cryogenic fluids in excess of 120 gal. 3. Transportation on the highway of liquefied oxygen or cryogenic oxidizers in excess of 120 gal. 4. Storage and transportation of nonflammable, nontoxic cryogenic fluids in excess of 500 gal. 5. Storage or use of more than 10 gal of liquefied oxygen, flammable cryogenic fluids or cryogenic oxidizers. 402.5 Day Care Facilities A permit shall be required to operate a day care facility. 402.6 Dry Cleaning Plants 402.6.1 No person shall engage in the business of dry cleaning without a permit. Such permit shall prescribe the type of system to be used. 93NHI189.004.ak 4-26-94 9 402.6.2 No change shall be made in the solvent used in the equipment to a solvent in a more hazardous class unless permission for such change shall first have been obtained from the Fire Official and a new permit issued. 402.7 Crude Oil Production 402.7.2 The permit for any new oil well shall be issued only after it has been determined 402.7.3 The application for a permit to drill an oil well shall be accompanied by a plot plan 402.7 Explosive Materials 402.7.1 Where permits are required to be issued by the Fire Official, the intent is to grant that authority to the agency having enforcement jurisdiction. Permits shall be obtained for: 1. To manufacture, possess, store, sell or otherwise dispose of explosive materials. 2. To transport explosive materials. 3. To use explosive materials. 4. To operate a terminal for handling explosive materials. 402.7.2 Permits for the following materials shall be invalidated and the materials disposed of in an approved, safe manner: 1. Dynamite having an unsatisfactory absorbent or one that permits leakage of a liquid explosive ingredient under any conditions liable to exist during storage. 2. Nitrocellulose in a dry and uncompressed condition in quantity greater than 10 lb net weight in one package. 93N1-11189.004.ak 4-26-94 10 3. Fulminate of mercury in a dry condition and fulminate of all other metals in any condition except as a component of manufactured articles not hereinafter forbidden. 4. Explosive compositions that ignite spontaneously or undergo marked decomposition, rendering the products of their use more hazardous, when subjected for 48 consecutive hours or less to a temperature of 167 degrees fahrenheit. 5. New explosive materials until approved by DOT, except that permits may be issued to educational, governmental, or industrial laboratories for instructional or research purposes. 6. Explosive materials condemned by DOT. 7. Explosive materials containing an ammonium salt and chlorate. 402.7.3 Prohibitions: 1. No person shall keep or store, nor shall any permit be issued to keep or store, any explosives at any place of habitation, or within 100 ft thereof. 2. No person, possessing a permit for storage of explosives at any place, shall keep or store an amount greater than authorized in such permit. Only the kind of explosive specified on such permit shall be kept or stored. 3. The Fire Official may require that any operations permitted under the provisions of 402.7 be supervised at any time by employees of the Fire Official, to see that all safety and fire regulations are observed. 402.8 Flammable And Combustible Liquids A permit shall be obtained for the following: 1. Storage, handling or use of Class I flammable liquids in excess of 3 gal in any dwelling or other place of human habitation, or in excess of 6 gal in any other building or other occupancy, or in excess of 10 gal outside of any building. EXCEPTIONS: 1. The storage or use of flammable liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant. 93NH1189.004.ak 4-26-94 11 2. The storage or use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes for a period of not more than 30 days. 3. Storage, handling or use of Class II or III liquids in excess of 25 gal in a building; or in excess of 60 gal outside a building, except for fuel oil used in connection with oil burning equipment. 4. For the manufacturing, processing, blending, or refining of flammable or combustible liquids. Applications for a permit shall be accompanied by plans showing the topography of the proposed site, the proximity of the plant to places of assembly, residential, or mercantile occupancies, and adequacy of water supply for fire control. 5. For the storage of flammable or combustible liquids in stationary tanks. 2. No person shall install or remove an underground or aboveground flammable/combustible liquid storage tank without permit. 402.9 Flammable Finishes A permit shall be obtained for spraying or dipping operations utilizing flammable liquids included within the scope of Chapter 10. 402.10 Fireworks No person shall conduct an indoor display or outdoor display which utilizes fireworks without a permit. 402.11 Foster Homes/Group Homes A permit shall be required to operate a foster home or a group home. 402.12 Fumigation And Thermal Insecticide Fogging 1102.14.1 No person shall engage in the business of fumigation or thermal insecticidal fogging without a permit. Fumigators and thermal insecticidal foggers may pay an annual permit fee in the amount of $260.00 or $5.50 per job. Annual permit holders must call at least 24 hours before the fumigation is to begin, all others are to take out the permit at least 24 hours before the effective date of the permit. The Fire Official is to be notified at least 24 hours before any building or structure or ship is to be closed in connection with the use of any toxic or flammable fumigant and at the time the building or structure or ship is 93NH1189.004.ak 4-26-94 12 released for occupancy. 402.13 Fruit Ripening Processca 402.13 Hazardous Chemicals 402.13.1 No person, firm or corporation shall store, dispense, use or handle hazardous materials in excess of those quantities specified in Table 402.15.2 unless a valid permit has been issued. No person, firm, or corporation shall abandon, remove, place temporarily out of service, close, or substantially modify a storage or processing facility, or other area regulated by this Code until a permit has been issued by the Fire Official. 402.13.2 A permit shall be obtained from the Fire Official for the storage, dispensing, use, or handling of hazardous materials in excess of those quantities listed herein. 402.13.3 A permit shall be required to store, handle or use hazardous production materials regulated by Chapter 42. 402.14 High Piled Combustible Stock No person shall use any building or portion of a building, exceeding 2500 sq ft for the storage of high piled combustible stock without first obtaining a permit form the Fire Official. A floor plan showing the dimensions and location of stock piles and aisles shall be submitted upon application for a permit. 402.15 High Rise Life Safety Systems No person shall install. enlarge or extend a high rise life safety system without a permit from the Fire Official. 402.16 Hospitals And Nursing Homes A permit shall be required to operate a hospital or nursing home. 402.17 Liquefied Natural Gas 93N111189.004.ak 4-26-94 13 No person shall construct or operate a facility within the scope of Chapter 16 without a permit or other appropriate authorization. 402.18 Liquefied Petroleum Gas 402.18.1 No person shall install or maintain any LP Gas container, or operate any tank vehicle which is used for the transportation of LP Gas without a permit. Where a single container or the aggregate of interconnected containers is over 2000 gal water capacity, the installer shall submit plans to the Fire Official. A permit shall not be required for the installation or maintenance of less than 120 gal water capacity. 402.18.2 Installers shall maintain a record of all installations for which a permit is not required by 402.18.1 and have it available for inspection by the Fire Official. EXCEPTION: Installation of gas burning appliances and replacing of portable cylinders. 402.19 Lumber Storage No person shall store in excess of 100,000 board ft of lumber without a permit. 402.20 Magnesium A permit shall be obtained for the melting, casting, heat treating, machining, or grinding of 402.20 Mechanical Refrigeration No person shall install or operate a refrigeration unit or system containing in excess of 20 lb of refrigerant other than air or water without a permit. EXCEPTION: Air-conditioning units or systems. 402.21 Organic Coatings A Permit shall be required for any organic coating manufacturing operation making more than 1 gal. of an organic coating on any working day. 102.22 Motion Picture Projection 93NH1189.004.ak 4-26-94 14 Firc Official. 402.22 Places Of Assembly No place of assembly as defined in Chapter 2 shall be maintained, operated or used as such without a permit. The permit shall not be issued unless all seats, stands, and structures conform to the requirements of Chapter 12 in the Corpus Christi Building Code. 402.23 Repair Garages No person shall use any building, shed or enclosure as a place of business for the purpose of repairing any motor vehicle therein, without a permit. 402.24 Ovcns lest 402.24 Restaurants A permit shall be required to operate a restaurant. •• - e 402.25 Tank Vehicles For Flammable And Combustible Liquids No person shall engage in the business of delivering flammable or combustible liquids form tank vehicles without a permit. 402.26 Tents And Air Supported Structures 93N141189.004.ak 4-26-94 1 15 No person shall erect, operate or maintain a tent or air supported structure covering an area in excess of 120 sq ft without a permit. EXCEPTION: Tents used exclusively for camping purposes. 102.27 Pulverized Particles (Dust) .. .': .. 402.27 Tire Rebuilding Plant No person shall operate or maintain any tire recapping or rebuilding plant without a permit. 402.28 Underground And Aboveground Fuel Tanks No person shall install or remove underground and aboveground fuel storage tanks without a permit. 402.29 Unvented Portable Fuel Burnin Heaters No person shall sell. purchase or use an unvented portable fuel burning heater within the city limits without a permit. 402.30 Wrecking Yard, Junk Yard Or Waste Handling Plant No person shall conduct or maintain any wrecking yard, junk yard or waste material handling plant without a permit. 403 PERMIT FEES Applications for permits shall be accompanied by the payment of fees in accordance with the Corpus Christi Fire Prevention Permit Fee Schedule, as follows: 93N111189.004.ak 4-26-94 CORPUS CHRISTI FIRE DEPARTMENT FIRE PREVENTION PERMIT FEE SCHEDULE Permit Type Fire/Arson Reports Airports, Heliports & Helistops Assembly, A-1 or A-2 Automatic Sprinklers, Standpipes, & Fire Lines (testing) resurfacing and refinishing Cellulose nitrate motion picture file Ccllulosc nitrate plastic (pyroxylin) Churches (One Time Fee -No Day Care Facility on Premises) Combustible Fibers (Storage & Handling) Compressed Gas Cryogenic Fluids Day Care Facilities (Or Similar Short Term Occupancies) Dry Cleaning Plants Explosives, Blasting Agents & Ammunition Extinguishing Systems Flammable/Combustible Liquids Flammable Finishes annually Fire Alarm Systems Fire Alarm Systems (Required 15,000 sq. ft. zones) Fireworks Display (Aerial) Fireworks Display (Non -Aerial) Foster Homes/Group Homes Fruit ripening processes Fumigation & Thermal Insecticide Fogging Fumigation & Thermal Insecticide Fogging Hazardous Chemicals High Piled Combustible Stock High Rise Life Safety System (Testing Before Issuance of C. of 0.) Hospitals & Nursing Homes (per bed) Liquefied Natural Gas Liquefied Petroleum Gas Lumber Storage Magnesium Mechanical Refrigeration Open Burning 93N131189.004.ak 4-26-94 16 Fee $ 4.00 per page 53.60 annually 63.80 Annually 49.50 per visit 68.20 per insp. 57.75 annually 57.75 annually 64.00 79.20 annually 57.75 annually 57.75 annually 35.75 annually 63.80 annually 84.15 annually 39.60 per insp. 64.90 annually 63. 8 0 33.00 per floor 33.00 per zone 167.20 per disp. 99.00 per disp. 36.00 annually 57.75 annually 286.00 annually 5.50 per job 79.20 annually 57.50 annually 150.00 per test 1.10 annually 57.50 annually 57.50 annually 57.50 annually 27.50 annually 27.50 annually 84.15 per day 17 Organic Coatings 57.50 annually Ovens 35.75 annually Pressure Test (Fuel Storage Tanks and/or Product Lines) 50.00 per visit Pulverized particles (dust) 24.75 annually Repair Garages 53.90 annually Restaurants (Facilities that accommodate 100 or less occupants) 36.00 annually Restaurants (Facilities that accommodate more than 100 occupants) 63.80 annually Tank Vehicles for Flammable & Combustible Liquids 35.75 annually Tents & Air Supported Structures 63.80 annually Tire Rebuilding Plant 35.75 annually Underground/Aboveground Fuel Tanks (Installation and Removal) 50.00 per job Unvented Portable Fuel Burning Heater 28.00 annually Wrecking Yard, Junkyard or Waste Handling 35.75 annually If a site does not meet the standards for issuance of a permit after two (2) inspections. the applicant must submit a new application and pay a permit fee before any subsequent inspections will be conducted. Burning permits will not be issued unless both the Fire Prevention and the Environmental Control Division approve the material to be burned. CHAPTER 5 GENERAL PRECAUTIONS AGAINST FIRE 504 USE OF EQUIPMENT, APPLIANCES AND DEVICES 504.1 Heating Appliances 504.1.4 The sale or use in a building of any type of portable liquid fuel burning heater is prohibited. Construction sites and commercial sites. where flammable or combustible vapors are not present, are exempt from this requirement with approval of the Fire Official. A Hermit shall be reauired for the use of portable liquid fuel burning heaters. Unvented portable li.uid fuel burning heaters having the following safe!uards ma be a. (roved for use: 1. Automatic means of shutting off fuel when heater is upset. 93NH1189.004.ak 4-26-94 rt n 18 2. Adequate guards to protect persons against contact with flame or combustion chamber. 3. Listed by nationally recognized testing agency. The sale or use at construction sites and commercial sites of any other type of unvented fuel burning heater is prohibited. . accordance with NFiPA 30. 507 CONVALESCENT HOMES, HOMES FOR THE AGED, AND NURSERIES 507.1 Heating Buildings occupied for the purposes of convalescent homes, homes for the aged, and nurseries shall have central heating plants with installation so as to safeguard the inherent fire hazard. 507.2 Portable Heaters The use of portable heaters of any kind is hereby prohibited. 507.3 Lighting Lighting shall be restricted to electricity. 508 BARBECUE PITS 508.1 Adjacent or Within Structures Prohibited No person shall install or attd operate a stove, oven, or barbecue pit, whether portable, temporary or permanent. on the 'remises of multi -family dwellings, apartments condominiums, or hotels, outside of a building r enclosure when such stove, oven, or barbecue pit is located less than ten (10) feet from any portion of a combustible ung 93Nm189.004.ak 4-26-94 r 19 building. ote including but not limited to decks, arches, balconies, walls or verandas. This section does not apply to one -family and two-family dwellings. 509 COMMERCIAL LAUNDRIES 509.1 Vents And Lint Collectors Vents and lint collectors shall be installed and maintained so that lint does not accumulate in the chase or area behind the dryers or the roof of the building. CHAPTER 6 FIRE PROTECTION 602 FIRE CONTROLS 602.6 Access To Buildings By Fire Apparatus 602.6.1 Every building hereafter constructed shall be accessible to fire department apparatus by way of access roadways with all-weather driving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus and having a minimum vertical clearance of 13 feet 6 inches. Buildings in excess of 15 000 square feet shall allow for fire department vehicle access to three (3) sides of the building. Buildings in excess of 30,000 square feet shall allow for fire department vehicle access to all sides. During construction when combustibles are brought onto the site in such quantities as deemed hazardous by the Fire Official, access roads and a suitable temporary supply of water acceptable to the fire department shall be provided and maintained. EXCEPTION: When conditions prevent the installation of an approved fire apparatus access road the Fire Official may permit the installation of a fire - protection system or systems in lieu of a road. provided the system or systems are not otherwise required by this or any other Code. 602.6.2 The required width of access roadways shall not be obstructed in any manner, including the parking of vehicles. Installation of "No Parking" signs or other appropriate notice, or of approved obstructions inhibiting parking, may be required and if installed shall be maintained. Fire lanes designated by the Fire Official in accordance with the Fire Prevention Code shall be marked by the property owner along the perimeter with conspicuous signs which have the words "Fire Lane - No Parking" in red four (4) inch high letters on a white background at fifty -foot intervals. Said Signs shall be a minimum of 93N111189.004.ak 4-26-94 20 between five (5) feet above the ground to the bottom of the sign and a maximum of and eight (8) feet above the ground to the top of the sign. Fire Lanes shall also be marked along curbing with the siti-lar wording "Fire Lane - No Parking" in white four (4) inch high letters on a red background stripe at fifteen (15) foot intervals. This section shall apply equally to the maintenance and marking of existing and new Fire Lanes. The owner, or his representative, of a building which is adjacent to the fire lane shall be responsible for keeping the fire lane free of obstructions. EXCEPTION: Universal "No Parking" signs may be used in lieu of the above. 602.6.7 In the event a dead-end roadway exceeds one hundred fifty (150) feet in length, adequate space for turning around fire apparatus shall be required to be provided by the owner of the property served. This provision applies to business, mercantile and dwelling complexes. 602.6.8 The owner of premises at or upon which a Fire Lane is required. or the agent of the owner. may have any vehicle that is parked in the Fire Lane, except an authorized emergency vehicle. removed and stored at the expense of the owner or operator of the vehicle, and subject to removal by the Fire Official, his designated assistants, or a police officer. 602.6.9 No automobile, truck, or other vehicle shall be parked closer than fifteen (15) feet to any fire hydrant. 603 INSTALLATION AND MAINTENANCE OF FIRE PROTECTION SYSTEMS AND APPLIANCES 603.1 Installation 603.1.3 All premises, other than one -family and two-family dwellings, where buildings or portions of buildings are located more than 150 feet from a fire hydrant system shall be provided with approved on-site fire hydrants and water mains capable of supplying the fire flow required by the Fire Official. The location and number of on-site hydrants shall be as designated by the Fire Official, with the minimum arrangement being so as to have a hydrant available for distribution of hose to any portion of any building on the premises at distances not exceeding 300 300 feet but in no case shall hose lengths be greater than 500 300 feet. Public hydrants are recognized as meeting all or part of the above requirements. Plans and specifications for the installation, modification, or alterations, of any on-site fire 93NH1189.004.ak 4-26-94 21 service main or fire hydrant shall be submitted to the Fire Official, along with hydraulic calculations, for review and approval prior to installation. EXCEPTION: One and two family dwellings with or without attached or detached accessory structures 603.3 Portable Fire Extinguisher 603.3.1 Portable fire extinguisher shall be installed in all occupancies other than one -family and two-family dwellings, and locations as set forth in this Code, or as may be determined by the Fire Official. Portable fire extinguisher shall be in accordance with NFiPA 10, which are installed where they are exposed to the weather, shall be placed in a cabinet so as to be protected from damage. 603.3.3 Portable fire extinguisher shall be required to he installed in apartments and condominiums. Installation requirements are as follows: One (1) 2-1/2 or 2-3/4 lb. ABC dry chemical extinguisher installed within every apartment unit. Extinguisher shall be mounted in or within close proximity to the kitchen on the exit side and shall be in plain sight or one (1) five (5) or six (6) lb. ABC dry chemical extinguisher enclosed in approved boxes shall be mounted throughout the complex. A minimum travel distance of fifty (50) feet will be established and no person shall be required to climb or descend a flight of stairs to reach an extin'uisher. Extin'uisher shall be mounted in •lain sight to all concerned within the fifty (50) feet minimum travel distance. 603.6 Smoke Detectors 603.6.3 Smoke detectors shall be installed in all educational occupancies including but not limited to day care centers, elementary and secondary schools. and all portable buildings. These devices shall be installed in accordance with the rules for "partial smoke detection systems." except day care centers which will require additional protection in every room in which children sleep. All educational occupancies shall be brought into compliance with the provisions of this section on or before May 1, 1997. 93N111189.004.ak 4-26-94 22 603.6.4 Detectors shall be listed and meet the installation requirements of NFiPA 72 and NFiPA 72E. 603.7 Fire Alarms * * * 603.7.5 Plans and specifications for automatic or manual fire alarm systems indicating the location and number of all sending stations including automatic detection devices and signals with specifications of the type, construction, and operation of the system shall be submitted for approval prior to installation of equipment or wiring. Plans shall also include location of the annunciator panel with appropriate zoning nomenclature. Two complete sets of plans shall be provided to the Fire Prevention Bureau. These plans shall bear the signature and license number of the licensed fire alarm planning superintendent, the date of proposed installation and the name, address and certificate -of -registration number of the registered firm. Any plans not drawn or submitted by a licensed planning superintendent will not be accepted. Other specific information on submittal information can be obtained from the Fire Official. * * * 603.7.8 Warning Signals: 1. Audible warning signals shall be accompanied by simultaneous visual signals for the benefit of those with hearing disabilities. 2. Visual signals shall be accompanied by simultaneous audible signals for the benefit of the visually impaired. 3. Visual signals shall consist of the letters FIRE in a flashing manner when activated. The lettering, size, color and location of legally required visual signal shall be subject to the approval of the Fire Official. * * * 603.15.8 Sprinkler systems shall be installed in buildings seventy-five (75) feet above the lowest level of the fire department vehicle access. This requirement shall apply to Group R (Residential) and Group B (Business) buildings. * * * 603.19 Fire Suppression Systems for Cooking Operations 93NH1189.004.ak 4-26-94 23 * * * 603.19.6 In the event the building has a fire alarm system the fire suppression system for cooking operations shall be connected to the fire alarm system. * * * CHAPTER 8 MAINTENANCE OF EXIT WAYS 802 Exit Obstruction * * * 802.2 Overcrowding 802.2.1 Occupant Content Posted Signs stating the maximum occupant content shall be conspicuously posted by the owner of the building in each assembly room. auditorium or room used for a similar purpose where fixed seats are not installed. It shall be unlawful to remove or deface such notice or to permit more than the le!al number of 'ersons within such s,ace. This number shall be determined in accordance with the City Building Code by the capacity of the exits provided. The lettering. size. color and location of legally required occupant content posted signs shall be subject to the approval of the Fire Official. * * * CHAPTER 9 FLAMMABLE AND COMBUSTIBLE LIQUIDS 901 General Provisions 901.1 Scope 901.1.1 Except as provided in 901.1.2, this Chapter shall apply to liquids with a flash point below 200 F which are exposed to storage conditions, use conditions or process operations where they are naturally or artificially heated to or above their flash point. Sections 901 and 93NH1189.004.ak 4-26-94 24 902 shall apply to all aboveground tanks used for the outside storage and dispensing of flammable and combustible liquids. or to any portable aboveground tank with a capacity in excess of 661 •allons used for the storage of flammable and combustible li.uids. ** 901.2 Permits Required 901.2.1 For permit requirements see Chapter 4. 901.3 Containers, Tanks, Equipment And Apparatus 901.3.1 Containers, tanks, equipment and apparatus used or intended to be used for the storage, handling, use or sale of flammable or combustible liquids shall be of an approved type. Glass containers shall not be approved except where contamination is a factor. 901.7 Dispensing * s * 901.7.3 All pumps for tanks are to be U.L. listed for the use intended and U.L. listed for use with each other. 901.7.4 All electrical devices used with or located within twenty (20) feet of the tank storage area shall conform to NFiPA 70. Hazardous Locations. 901.7.5 Dispensing hoselines shall not exceed twenty (20) feet in length. 901.7.6 The nozzle of any hose of a dispensing device shall not reach within five (5) feet of any building o ening. 901.7.7 Dispensing devices shall be located no closer than ten (10) feet from an adjacent property line or building. 902 TANK STORAGE 93NH1189.004.ak 4-26-94 25 902.1 Restricted Locations 902.1.1 The storage of flammable or combustible liquids in aboveground tanks outside of buildings is prohibited except within the I-3 "Heavy Industrial" zoning district within the limits of the Fire District. 902.1.2 The location and installation of outside aboveground tanks for the storage of flammable or combustible liquids shall be in accordance with NFiPA 30 and this Chapter. ** 902.2 Fire Protection for Aboveground Tanks 902.2.5 Smoking is prohibited within fifty (50) feet of all storage and dispensing devices. Signs which prohibit smoking shall be conspicuously posted. 902.2.6 Portable fire extinguishers shall be provided for the extinguishment of fires in accordance with NFiPA 10. High Hazard. Additional fire control equipment may be required where in the opinion of the Fire Official an unusual exposure hazard exists. 902.2.7 Labeling of all tanks shall be in accordance with NFiPA 704. 902.2.8 Fire department vehicle access shall be provided within 150 feet of any tank. 902.2.9 Fire hydrants shall be provided in accordance with Chapter Six (6) of this Ordinance. ** 902.8 Testing All tanks, and that piping which is in a suction system, before being covered or placed in use, shall be tested hydrostatical or with air pressure, at not less than 3 psi nor more than 5 psi. Pressure piping shall be tested to one and one-half times the working pressure, or 45 psi 7-5-134, whichever is greater. Tests shall be maintained for at least 30 minutes and shall be witnessed by the Fire Official fire authority having jurisdiction. 905 INDUSTRIAL ESTABLISHMENTS 905.1 Manner of Storage 93NH1189.004.ak 4-26-94 26 ** 905.1.2 Flammable or combustible liquids stored in tanks, drums or other closed containers shall conform to the applicable requirements of 901, 902 and 904. 906 BULK PLANTS 906.1 Location Of Plants No new bulk plants shall be constructed except within the I-3 "Heavy Industrial" zoning district within the limits of the Firc District. ** 906.2 Storage 906.2.1 Class I liquids shall be stored in closed containers, or in storage tanks aboveground outside of buildings, or underground in accordance with 901 and 902. 906.2.2 Class II or III liquids shall be stored in containers, or in tanks within buildings or aboveground outside of buildings, or underground in accordance with 901 and 902. * * 908 PROCESSING PLANTS 908.1 Storage * ** 908.1.2 Flammable or combustible liquids stored in tanks, drums, or other closed containers shall conform to the applicable requirements of 901 902 and 904. * ** 909 REFINERIES, CHEMICAL PLANTS AND DISTILLERIES 909.1 Storage 93NH1169.004.ak 4-26-94 - n 27 Flammable or combustible liquids shall be stored in tanks aboveground or underground in accordance with 901 and 902. Tanks for the storage of flammable or combustible liquids in tank farms and in locations other than process areas shall be located in accordance with 901 and 902. • • M 913 WHARVES 913.1 Definition The term "wharf" shall mean any wharf, pier, bulkhead, or other structure over or contiguous to navigable water used in conjunction with a bulk plant, the primary function of which is the transfer of flammable or combustible liquid cargo in bulk between shore installations and any tank vessel, ship, barge, lighter, boat or other mobile floating craft; and this section shall apply to all such installations except marine service stations as covered by the provisions of Section 907, Service Stations. 913.2 Design And Construction 913.2.1 The design and construction of wharves or general purpose piers handling liquids in bulk quantities shall be reasonably safe to persons and property. Installation, alteration, or extension of piers and wharves conforming to the provisions of this Code shall be deemed to be reasonably safe to persons and property; on matters not detailed in this Code, piers and wharves installed, altered, or extended in conformance with the provisions of NFiPA No. 87, Standard for the Construction and Protection of Piers and Wharves, shall be evidence that such piers and wharves are reasonably safe to persons and property. 913.2.2 Substructure and deck shall be substantially designed for the use intended. Deck construction can employ any material which will afford the desired combination of flexibility, resistance to shock, durability, strength and fire resistance. Heavy timber construction is acceptable. 913.3 Package Cargo Of Flammable And Combustible Liquids Package cargo of flammable and combustible liquids, including full and empty drums, bulk fuel and stores are permitted to be handled over a wharf during cargo transfer and at such times and places as agreed upon by the wharf superintendent and the senior dock officer on duty. 913.4 Bulk Cargo Of Flammable And Combustible Liquids 93NH1189.004.ak 4-26-94 28 Wharves at which flammable or combustible liquid cargoes are to be transferred in bulk quantities to or from tank vessels shall be at least 100 feet from any bridge over a navigable waterway, or from an entrance to a superstructure of a tunnel. 913.5 Ballast Water Or Class II Or Class III Liquids Tanks used exclusively for ballast water or Class II or Class III liquids are permitted to be installed on suitably designed wharves. 913.6 Loading Pumps And Inspection Of Hoses And Couplings 913.6.1 Loading pumps capable of building up pressures in excess of the safe working pressure of cargo hose or loading arms shall be provided with by-passes, relief valves, or other arrangement to protect the loading facilities against excessive pressure. Relief devices shall be tested at not more than yearly intervals to determine that they function satisfactorily at the pressure at which they are set. 913.6.2 All pressure hoses and couplings shall be inspected at intervals appropriate to the service. With the hose extended, test the hose and couplings using the "inservice maximum operating pressures". Any hose showing material deteriorations, signs of leadage, or weakness in its carcass or at the couplings, shall be withdrawn from service and repaired or discarded. 913.7 Piping And Fittings Piping and fittings shall be in accordance with the provisions of Section 903, with the following exceptions and additions: 1. Flexibility of piping shall be assured by appropriate layout and arrangement of piping supports so that motion of the wharf structure resulting from wave action, currents, tides or the mooring of vessels will not subject the pipe to repeated strain beyond the elastic limit. 2. Pipe joints depending upon the friction characteristics of combustibles, materials or grooving of pipe ends for mechanical continuity of piping shall not be used. 3. Swivel joints are permitted to be used in piping to which hoses are connected, and for articulated swivel -joint transfer systems, provided that the design is such that the mechanical strength of the joint will not be impaired if the packing material should fail, as by exposure of fire. 93N141189.004.ak 4-26-94 29 4. Piping systems shall contain sufficient number of valves to operate the system properly and to control the flow of liquid in normal operation and in the event of physical damage. In addition, each line conveying flammable liquids leading to a wharf shall be provided with a readily accessible block valve located on shore near the approach to the wharf and outside of any diked area. Where more than one line is involved, the valves shall be grouped in one location. 5. Means of easy access shall be provided for cargo line valves located below the wharf deck. 6. Pipelines on wharves shall be adequately bonded and grounded if Class I and Class II liquids are handled. If excessive stray currents are encountered, insulating joints shall be installed. Bonding and grounding connections on all pipelines shall be located on wharf side of hose riser insulation flanges, if used, and shall be accessible for inspection. 7. Hose or articulated swivel -joint pipe connections used for cargo transfer shall be capable of accommodating the combined effects of change in draft and maximum tidal range, and mooring lines shall be kept adjusted to prevent surge of the vessel from placing stress on the cargo transfer system. 8. Hose shall be supported so as to avoid kinking and damage from chafing. 913.8 Fire Fighting 913.8.1 Suitable portable fire extinguisher with a rating of not less than 20-B:C shall be located within 75 feet of those portions of the facility where fires are likely to occur, such as hose connections, pumps and separator tanks. 913.8.2 Where piped water is available, ready -connected fire hose in size appropriate for the water supply shall be provided so that manifolds where connections are made and broken can be reached by at least one hose stream. 913.8.3 Material shall not be placed on wharves in such a manner as to obstruct access to fire fighting equipment or important pipeline control valves. 913.8.4 Where the wharf is accessible to vehicle traffic, an unobstructed roadway to the shore end of the wharf shall be maintained for access of fire fighting apparatus. 913.9 Bulk Fuel Loading and Discharge Loading or discharging shall not commence until wharf superintendent and officer in charge 93N111189.004.ak 4-26-94 30 of tank vessel agree that tank vessel is properly moored and all connections are properly made. Mechanical work shall not be performed on the wharf during cargo transfer, except under special authorization based on a review of the area involved, methods to be employed, and precautions necessary. CHAPTER 17 LIQUIFIED PETROLEUM GASES 1701 GENERAL PROVISIONS 1701.1 Scope This Chapter and the Rules and Regulations published by the Railroad Commission of Texas Chapter 22 shall apply to the storage, handling and use of liquefied petroleum gas and the installation of all equipment pertinent to systems for such uses. This Chapter shall also apply to the transportation of liquefied petroleum gas. 1701.2 Permits For permit requirements, see Chapter 4. The Rules and Regulations published by the Railroad Commission of Texas. Liquefied Petroleum Gas Division. entitled The Liquefied Petroleum Gas Division Safety Rules. dated October 1991, a copy of which. authenticated by the signatures of the mayor and the city secretary and made a public record by this Section. and on file in the city secretary's office is hereby adopted as fully as if copied at length in this article. 1701.4 Installation 1701.4.1 All liquefied petroleum gas equipment, including such equipment installed at utility gas plants, shall be installed in accordance with the provisions of NFiPA 58 and NFiPA 59, the Rules and Regulations of the Railroad Commission of Texas except as otherwise provided in this Chapter or in other laws or regulations legally in effect. 1701.4.2 Within the limits of the areas City of Corpus Christi no storage container shall be installed, erected or used for a capacity to hold more than one hundred fifty (150) water gallons except as follows: 93NH1189.004.ak 4-26-94 31 1. Installations accessory to service stations as permitted by the zoning ordinance, when the aggregate capacity of any one installation shall not exceed two thousand (2000) gal of water capacity 2. Installations accessory to industrial uses permitted in areas zoned industrial, when the aggregate capacity of any one such installation does not exceed two thousand (2,000) gallons of water capacity except that in particular installations this capacity limit may be altered at the discretion of the Fire Official so as to increase the maximum allowable capacity to not more than eight thousand (8,000) gallons of water capacity after consideration of special features such as topographical conditions, nature of occupancy and proximity to buildings, capacity of proposed tanks, degree of private fire protection to be provided, and facilities of the local fire department. 3. Installations in an area zoned for I-3 "Heavy Industrial" use; provided, however, that this restriction shall not be applicable to transportation purposes and provided further that containers larger than one hundred fifty (150) water gallons capacity may be authorized and installed only after applicant has first obtained and presented to the Fire Official preps a written approval of such installation by the director of the liquified petroleum gas division of the rail road commission. 1701.4.3 Multiple container installations in an area zoned 1-3 "Heavy Industrial" with a total storage water capacity of more than 180,000 gallons (150,000 gallons LP gas capacity) shall be subdivided into groups containing not more than 180,000 gallons in each group. No individual container ma exceed 30000 allons water ca,acit . Such groups shall be separated by a distance of not less than 50 feet, unless the containers are (1) buried or mounded in an approved manner, or (2) protected with approved insulation on such areas that may be subject to impingement of ignited gas from pipelines or other leakage, or (3) protected by firewalls of approved construction conforming to the Building Code, or (4) protected by an approved system for application of water, or (5) protected by other approved means. Where one of these forms of protection is provided, the separation wall shall not be less than 25 feet between such container groups. 1701.4.4 The storage and transportation of liquefied petroleum gas and the installation and maintenance of all pertinent equipment shall be ' in accordance with NFiPA 58 the Rules and Regulations of the Railroad Commission of Texas and subject to the approval of the Fire Official. 1701.4.5 No stationary storage container shall be less than 10 feet from the nearest street building or property line. 93NH1189.004.ak 4-26-94 n 32 CHAPTER 20 FIREWORKS 2002 MANUFACTURE, SALE AND DISCHARGE 2002.2 Restricted Use It shall be unlawful for any person to manufacture, assemble, store, transport, receive, keep, sell, offer, or have in his possession with intent to sell, deliver, to any person or place, use, discharge, cause to be discharged, ignite, detonate, fire or otherwise set in action or have in his possession or on his person or under his control any fireworks od any description except as herein provided. The Fire Official shall have the power to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by a jurisdiction, fair associations, amusement parks, other organizations or for the use of fireworks by artisans in pursuit of their trade. Except as hereinafter provided, it shall be Every such use or display shall be handled by a competent operator approved by the Fire Official, and shall be of such character and so located, discharged or fired so as not to be hazardous to property or endanger any person. w x s 2005 SEIZURE OF FIREWORKS 2005.1 Removal And Disposal chapter. The presence of any fireworks within the city or within 5,000 feet of the city limits shall constitute a violation of this Article and is hereby declared to be a common and public nuisance and detrimental to the public health, safety and general welfare. The Fire Official is directed and required to seize and cause to be safely destroyed any fireworks found within the city or within five thousand (5,000) feet of the city limits in violation of this chapter or 93NH1189.004.ak 4-26-94 33 in violation of the Fire Prevention Code. Any member of the fire department of the city or any police officer is empowered to seize any fireworks found within the city or within 5,000 feet of the city limits in violation of this Article and cause the same to be safely destroyed. 2005.2 Disposal Definition "Fireworks" means and includes any combustible or explosive composition, or any substance or combination of substances, or device prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, firecrackers, torpedoes, pop pops (such as: pop tops, pow pow, fun snaps, or similar explosive devices which can be projected, tossed, thrown, or dropped), skyrockets, roman candles, daygo bombs, sparklers, or other devices of like construction and any devices containing any explosive or flammable compound, or any tablet or other device containing an explosive substance, except that the term "fireworks" shall not include any auto flares, paper caps which contain twenty-five hundredths (.25) of a grain of explosive content or less per cap and are used with toy pistols, toy canes, toy guns or other similar devices, the sale and use of which shall be permitted at all times. 2005.3 Applicability All the provisions of this Section shall apply to all of the area within the city and to all of that area adjacent to the city and within 5,000 feet of the city limits; provided, however, that no change in the city limits occurring after August 4, 1976, shall affect an expansion of the area in which this Chapter applies until the 120th day following the effective date of such change in the city limits. 2005.4 Duties Of City Attorney Notwithstanding any penal provisions of this article, the city attorney is authorized to file 93NH1189.004.ak 4-26-94 34 suit on behalf of the city or the Fire Marshal or both, for injunctive relief as may be necessary to prevent unlawful storage, transportation, keeping or use of fireworks within the city and to aid the Fire Marshal in the discharge of his duties and to prevent any person from interfering with the seizure and destruction of such fireworks, but it shall not be necessary to obtain any such injunctive relief as a prerequisite to such seizure or destruction. 2005.5 Defense In Prosecution In any prosecution for any violation of this Chapter, it shall not be necessary for the prosecution to negate any proviso exception, but the same may be raised by the defendant by way of defense. The possession of a permit from the Fire Official shall constitute a defense to the persons named in such permit or in place of the persons named in such permit. 2005.6 Penalty Any person, upon conviction for violation of any provision of this Chapter, shall be fined not more than : :: . !!.!! one thousand dollars ($1.000.00). If the fireworks be separately wrapped or packaged, the doing of any act required to be done by this Chapter shall be a separate offense as to each such separately wrapped or packaged fireworks. Each day that a violation of this Chapter shall continue with respect to any package of fireworks shall constitute a separate offense. Any person who shall use, discharge, cause to be discharged, ignite, detonate, fire or otherwise set in action any fireworks, upon conviction shall be fined as above provided. 2006 INDOOR FIRE WORKS SPECIAL EFFECTS 2006.1 Indoor Permit 2006.1.1 No person shall discharge any fireworks inside any building without a permit. Such Hermit shall describe the explosive compounds to be used and the amount per show. 2006.1.2 Prior to the issuance of a permit for indoor fireworks, the operator shall file an application with the Fire Official, stating the operator's qualifications and other information as deemed necessary by the Fire Official to certify that the operator for which application has been made is capable of safely discharging such fireworks as described to the satisfaction of the Fire Official. 2006.1.3 No permit once issued may be transferred to another location nor another operator. Any change in the information listed on the permit will require a new permit. Any time the circumstances for which the permit was issued change, the permit is void. 93N1-11189.004.ak 4-26-94 35 2006.1.4 No permit shall be issued until the show setup is approved by the Fire Official or his designee prior to the first show. 2006.1.5 No permit shall be issued unless the building listed as the location of the display has had a current fire inspection and is in compliance with this Code. 2006.2 Location And Amount 2006.2.1 The location of the fireworks display shall be specified as to street address building designation and exact area within the building to allow the Fire Official to determine that the proposed display can safely be discharged as approved. 2006.2.2 At no time shall the amount of explosive compound inside the building listed on the _permit exceed the amount necessary for one show date consumption. 2006.2.3 The pyrotechnic operator shall be licensed by the State of Texas as required by the Fireworks Rules of the State of Texas. 2006.2.4 A public display permit shall also be obtained as required by the Fireworks Rules of the State of Texas. Secs. 18-2 - 18-19. Reserved. SECTION 2. That Chapter 18, In General, Article IV, Fire Reserve Force, Sections 18-60 through 18-67 are repealed in their entirety and replaced by the following: ARTICLE IV. RESERVED Secs. 18-60 - 18-67. Reserved. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi by publishing the caption stating in substance the purpose of the ordinance, this ordinance to become effective June 1, 1994. 93N111189.004.ak 4-26-94 7 n 36 That the foregoing ordinance was read for the first time and passed to its second reading on this the s� day of /}Fjvt1 , 19 41 , by the following vote: Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria Edward A. Martin Dr. David McNichols David Noyola Clif Moss That the foregoing ordinance was read Tr the second time and passed finally on this the 2 day of %Aj4A.) , 19 q1 , by the following vote: Edward A. Martin Dr. David McNichols David Noyola! Clif Moss 0./rieaa#' Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria PASSED AND APPROVED, this the 3 day of ' , 19 414. a (tit AisY MAYOR THE CITY APPROVED THIS 28th DAY OF MARCH, 1994: JAMES R. BRAY, JR., CITY ATTORNEY By: bert J. Hart, £• t ity Attorney 93NH1189.004.ak 4-26-94 a 021929 ORPUS CHRISTI State of Texas, County of Nueces PUBLISHER'S AFFIDAVIT } } ss: CITY OF CORPUS CHRISTI AD# 52032 PO# Before me, the undersigned, a Notary Public, this day personally came Phyllis Smith, who being first duly sworn, according to law, says that she is Secretary of the Corpus Christi Caller - Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 021929 ORDINANCE AMENDING CHAPTER 18, FIRE PREVENTION CODE, ARTICLE 1, IN GENERAL, OF THE which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 9th day(s) of May, 1994. One Time(s) S51 .20 ORDINANCE AMENDING CHAPTER 18, FIRE PREVEN- TION CODE, ARTICLE 1, IN GENERAL, OF THE CITY CODE OF ORDINANCES BY ADOPTION OF THE STAN- DARD FIRE PREVENTION CODE, 1981 EDITION; PRO- VIDING FOR ADDITIONS, DELETIONS. AND CHANGES TO SAID CODE; REPEALING ALL PREVIOUS PROVISIONS OF ARTICLE- 1; REPEALING ALL PROVISIONS OF ARTI- CLE IV, FIRE RESF,RVE FORCE; PROVIDING A SAVINGS CLAUSE; PROVID- ING FOR PENALTEG; PROVIDING FOR PUBLICA- TION; AND PROVIDING AN • EFFECTIVE DATE OF AP. 1, 1994.. • ThO ordinencs wits t and apd CouncilofClty ofd • Corpus Christ) on the 3rd day of May, 1994. /s/ Armando amps City Secretary 3? City of Corpus Christi Subscribed and sworn to before me this 2nd day of June, 1994. �WGO‘.\NEary. P9ectinj� Notary Public, Nueces County, Texas-*? :U orwos • LP ,`�PiRES ' : 74.._ .9I