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HomeMy WebLinkAbout023653 ORD - 05/25/1999AN ORDINANCE REVISING SECTION 18-1, FIRE PREVENTION CODE, OF THE CITY CODE OF ORDINANCES BY INCORPORATION OF THE STANDARD BUILDING CODE, 1997 EDITION; PROVIDING FOR SEVERANCE; PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE OF JULY 5, 1999. WHEREAS, the 1997 edition of the Standard Fire Prevention Code was approved by both the Southeastern Associations of Fire Chiefs and Southwestem Associations of Fire Chiefs; WHEREAS, the City of Corpus Christi desires to update the City's Fire Prevention Code by adopting the 1997 edition of the Standard Fire Prevention Code to protect public health, safety, and welfare; WHEREAS, due to local conditions, certain special local requirements have been established to raise the level of health and safety, and certain additions, deletions, and corrections to the Standard Fire Prevention Code are required to meet local conditions and for other regulatory purposes. The local amendments in Section 18-1 of the Code of Ordinances shall take precedence, when in conflict with any provision of the Standard Fire Prevention Code approved by the Southeastern Association of Fire Chiefs; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 18-1, Fire Prevention Code, is revised to read as follows: CHAPTER 18 FIRE PREVENTION AND PROTECTION ARTICLE I. GENERAL Sec. 18-1. Fire prevention code. ,(1The SB64-I-Standard Fire Prevention Code, 19941997 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. 023653 R91103A4.DOC 2 (b) Additions, deletions, and changes are made to the 58661 -Standard Fire Prevention Code, 49941997 edition, and correlated to the appropriate paragraph numbers in the Standard Fire Code as follows: (1) Section 101.3.1 is revised to read as follows: "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." (2) Section 101.3.3 is revised to read as follows: "101.3.3 Appendices. The appendices included in this code are -flet nd the appendices included in referenced standards are not intended for enforcement unless specifically referenced in the code text or specifically included in this ordinance or necessary to clarify technical issues." (3) Section 101.4 is revised to read as follows: "101.4 Fire Preventionapactinent Bureau "There is hereby established a department division of the Fire Department to be called the Fire Prevention 6epartmont-Bureauand the person in charge shall be known as the fire official and/or fire marshal." (4) Section 102.3 is revised to read as follows: "102.3 Unsafe Buildings "All buildings or structures which do not provide adequate egress, 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 Zoning and Code Enforcement Administrator for abatement by repair and rehabilitation or by demolition R91103A4.doc 3 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." (5) Sections 102.8 and 102.9 are added to read as follows: "102.8 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 anv person in charge of the premises. A reasonable amount of time shall be qiven 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 anv 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: "102.8.1 Locked or blocked exits in assembly or educational occupancies. "102.8.2 Nonfunctional or disabled fire alarm system. where required. "102.8.3 Closed valves to sprinkler system. "102.8.4 Overcrowded conditions. "102.8.5 Illegal burning. "102.8.6 No smoke detectors where required. "102.8.7 No fire extinguisher where required. "102.8.8 Any other condition that in the opinion of the fire inspector. poses imminent danger." "102.9 Penalty. A person commits an offense if the person violates anv of the provisions of this Fire Prevention Code. Except as provided in chapter 20 of this Fire Prevention Code. the penalty shall be not less than a fifty dollar ($50.00) fine and not to exceed a maximum of two thousand dollars ($2.000.00) per day per violation. The penalty for an offense under chapter 20 of this Fire Prevention Code shall be a fine not to exceed a maximum of ene-two thousand dollars ($1.000.00)-($2.000.00) per day per violation." (6) Section 105 is revised to read as follows: R91103A4.doe 4 "SECTION 105 • a , _ , a MODIFICATION OF FIRE PREVENTION CODE "105.1 Appointment The city manager. the fire chief. and the fire marshal. acting together, shall have the Dower 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 wav of carrying out the strict letter of the code; provided that the spirit of the code shall be observed. public safety secured and substantia( 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 this code do not apply, or when it is claimed that the true intent and meaning of this code or any of the regulations thereunder have 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 th 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 rendered by the fire official. "105.2.2 Unsafe or Dangerous Buildings. In case of a building, structure or operation which, in the opinion of the fire official, is unsafe or dangerous, the fire official may, in his order, limit the time for such appeal to a shorter period. "105.3 Decisions "105.3.1 Variances. The ity 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, it its 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 opinion, the interpretation of the fire official should be modified or reversed. "105.3.2 Action. In every case, reach a decision without unreasonable or unnecessary delay. Each decision e€ hall also include the reasons for the decision. If a decision reverses or R91103A4.doc 5 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 Appeals -city manager, fire chief. and fire marshal shall be final, subject however to such remedy as any aggrieved party might have at law or in equity." (7) Sections 107 and 108 are added read as follows: "SECTION 107 INVESTIGATION OF FIRES AND PROSECUTION FOR ARSON. ETC. "107.1 I nvestiaati ons "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 anv 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. includina a copy of all the pertinent and material testimony taken in the case. "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 anv matter which is by the provisions of this code a subiect 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 anv 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 anv 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. R91103A4.doc 6 "107.4 Rewards "The mayor is authorized and directed to make public proclamation in the name of the city offering a reward of five hundred dollars ($500.00) for the arrest and conviction in a court of competent and final iurisdiction, of anv 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, andposted 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 anv hotel. rooming house. tourist court, motel or anv 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 anv smoking material. in a careless, reckless or negligent manner, whether willfully or not, sets a fire to any mattress, bedding, furniture. curtains. drapes or anv other household furnishings. "107.6 Tampering with fire protection systems "It shall be unlawful for any person to tamper with. remove. iniure or destroy anv wiring, bracket. fixture, orifice.. extinguishing system. fire alarm or anv part thereof or appurtenance thereto. of the fire protection systems required by this code. "107.7 False alarms "It shall be unlawful for anv person to turn in to the fire department or to anv city division, department, or official anv false alarm of fire or anv false report of the existence of anv bomb or other explosive. "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 anv damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties." (8) Section 402.1.1 is amended by added revised deleting the exception. "402.1.1 No person shall use any building, shed or enclosure as an aircraft hangar, or for the purpose of servicing or repairing any aircraft, without a permit. (9) Section 402.9 is deleted. R91103A4.doc "402.0- „ 7 11 (10) Section 402.12 is amended by added revised . "402.12 Flammable and Combustible Liquids "A permit shall be obtained for the following: "5. Installation or removal of an underground or aboveground flammable/combustible liquid storage tank.” (11) Section 402.15 is revised to read as follows: "402.15 Fumigation and Thermal Insecticide Fogging "402.15.1 No personal shall engage in the business of fumigation or thermal insecticidal fogging without a permit. "402.15.2. . Fumigators and thermal insecticidal foggers may pay an annual permit fee in the amount of three hundred fifteen dollars ($315.00). "402.15.3 Annual permit holders must call at least twentv-four (24) hours before the fumigation is to begin. "402.15.4 The fire official is to be notified at least twenty-four (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 released for occupancy. R91103A4.doc 8 (12) Section 402.27 is revised to read as follows: "402.27 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 seek? the Corpus Christi Building Code. (13) Sections 402.35 — 402.43 are added to read as follows: "402.35 Day care facilities "A permit shall be required to operate a day care facility. "402.36 Fireworks "No person shall conduct an indoor display or outdoor display which utilizes fireworks without a permit. "402.37 Foster homes/croup homes "A permit shall be required to operate a foster home or a croup home. "402.38 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. "402.39 Hospitals and nursing homes "A permit shall be required to operate a hospital or nursing home. "402.40 Liquefied and compressed natural gas "No person shall construct or operate a facility within the scope of chapter 16 without a permit or other appropriate authorization. "402.41 Restaurants "A permit shall be required to operate a restaurant. "402.42 Underground and aboveground fuel tanks "No person shall install or remove underground and aboveground fuel storage tanks without a permit. "402.43 Unvented portable fuel burning heaters "No person shall sell, purchase or use an unvented portable fuel buming heater within the city limits without a permit." (14) Section 403 is added to read as follows: "SECTION 403 PERMIT FEES R91103A4.doc 9 "403.1 Fee Schedule "Applications for permits shall be accompanied by the payment of fees in accordance with the Corpus Christi Fire Prevention Permit Fee Schedule. as follows: "CORPUS CHRISTI FIRE DEPARTMENT FIRE PREVENTION PERMIT FEE SCHEDULE Permit Type Fee Fire/arson reports $ 4.00 per page Airports. heliports and helistops 59.00 annually Assembly. A-1 or A-2 70.00 annually Automatic sprinklers. standpipes. and fire 55.00 per visit lines (testing) Churches (one-time fee—no day care 67.00 facility on premises) Combustible fibers (storage and 87.00 annually handling) Compressed gas 64.00 annually Cryogenic fluids 64.00 annually Dav care facilities (or similar short-term 40.00 annually occupancies) Dry cleaning plants 70.00 annually Explosives. blasting agents and 93.00 annually ammunition Extinguishing systems 44.00 per inspection Fire alarm systems 37.00per floor R91103A4.doc 10 Fire alarm systems (required 15.000 37.00 per zone square foot zones) Fireworks display (aerial) 185.00 per disp Fireworks display (nonaerial) 109.00 per disp. Flammable and combustible liquids 71.00 annually Flammable finishes 70.00 annually Foster homes and group homes 40.00 annually Fumigation and thermal insecticide 315.00 annually fogging Hazardous chemicals 87.00 annually High piled combustible stock 63.00 annually High rise life safety system (testing 166.00 per test before issuance of C. of 0.) Hospitals and nursing homes (per bed) 1.20 per bed Liquified natural gas 63.00 annually Liquified petroleum gas 63.00 annually Lumber storage 63.00 annually Mechanical refrigeration 30.00 annually Open burning 93.00 per day Organic coatings 63.00 annually R91103A4.doc 11 Pressure test (fuel storage tanks and/or 56.00 per visit product linesi Repair garages 60.00 annually Restaurants (facilities that accommodate 40.00 annually 100 or less occupants) Restaurants (facilities that accommodate 70.00 annually more than 100 occupants) Tank vehicles for flammable and 40.00 annually combustible liquids Tents and air supported structures 70.00 annually Tire rebuilding plant 40.00 annually Underground/aboveground fuel tanks 56.00 per inspection (installation and removal) Wrecking yard, junkyard or waste 40.00 annually handling "403.2 Applications and Fees Required for Failure to Pass Inspections "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. "403.3 Burning Permits "Buming permits will not be issued unless both fire prevention and environmental control division approve the material to be burned." (15) Section 504.1.4 is revised to read as follows: R91103A4.doc 12 NFPA 30. The sale or use in a building of anv 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 permit shall be required for the use of portable liquid fuel burning heaters. The sale or use of unvented fuel buminq heater at construction sites and commercial sites is prohibited. except that unvented portable liquid fuel burning heaters having the following safeguards may be approved for use: 1. Automatic means of shutting off fuel when heater is upset. 2. Adequate guards to protect persons against contact with flame of combustion chamber. 3. Listed by nationally recognized testing agency. (16) Sections 508. 509. and 510 are added to read as follows: "SECTION 508 CONVALESCENT HOMES, HOMES FOR THE AGED, AND NURSERIES. "508.1 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. "508.2 Portable heaters "The use of portable heaters of any kind is hereby prohibited. "508.3 Lighting "Lighting shall be restricted to electricity. "SECTION 509 BARBECUE PITS "509.1 Adjacent or within structures prohibited "No person shall install or operate a stove. oven. or barbecue pit, whether portable, temporary or permanent, on the premises of multifamily dwellings, apartments, condominiums. or hotels. when such stove. oven. or barbecue pit is located less than ten (10) feet from anv portion of a combustible building, including but not limited to decks arches, balconies, walls or verandas. This section does not apply to one -family R91103A4.doc 13 and two-family dwellings or to a stove. oven. or barbecue pit installed inside multifamily dwellings. apartments. condominiums, or hotels in accordance with the city building codes. "SECTION 510 COMMERCIAL LAUNDRIES "510.1 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." (17) Section 602.6 is amended by added revised revising Sections 602.6.1 and 602.6.2 and by adding new Sections 602.6.8 — 602.6.10 to read as follows: "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 surfaces of not less than 20 ft (6.1 m) of unobstructed width, with adequate roadway turning radius capable of supporting the imposed Toads of fire apparatus and having a minimum vertical clearance of 13 ft 6 inch (4.1 m). Buildings in excess of fifteen thousand (15.000) square feet shall allow for fire department vehicle access to three (3) sides of the building. Buildings in excess of thirty thousand (30.000) square feet shall allow for fire department vehicle access to all sides. During construction, when combustibles are brought on to 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 -inch high letters on a white background at fifty -foot intervals. Signs shall be a minimum of five (5) feet above the ground to the bottom of the sign and a maximum of eight (8) feet above the around to the top of the sign. Fire lanes shall also be marked along curbing with the wording "Fire Lane - No Parking" in white four -inch high letters on a red background stripe at fifteen -foot intervals. This section shall apply equally to the maintenance and R91103A4.doc 14 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. "602.6.8 In the event a dead-end roadway exceeds one hundred fiftv (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. "602.6.9 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 subiect to removal by the fire official, his designated assistants. or a police officer. "602.6.10 No automobile. truck. or other vehicle shall be parked closer than fifteen (15) feet to any fire hydrant." (18) Section 603.1.3 is revised to read as follows: "603.1.3 Fire Hydrants "603.1.3.1 Water supply. ll premises, other than one -family and two-family dwellings. where buildings or portions of buildings are located more than one hundred fifty (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. "603.1.3.2 Location. The location and number of on-site hydrants shall be as designated by the fire official, R91103A4.doc 15 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 three hundred (300) feet but in no case shall hose lengths be greater than three hundred (300) feet. Public hydrants are recognized as meeting all or part of the above requirements. "Exception: One and two family dwellings, including attached or detached accessory structures. "603.1.3.3 Plans and Specifications. Plans, specifications and hydraulic calculations for installation, modification, or alterations of any fire service main or fire hydrant shall be submitted to the fire official for review and approval prior to installation." (19) Section 603.3:5 is added to read as follows: "603.3.5 Portable fire extinguisher shall be required to be installed in apartments and condominiums. Installation requirements are as follows: One (1) two and one-half (2 1/2) pound minimum 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 five (5) pound minimum ABC dry chemical extinguishers enclosed in approved boxes shall be mounted throughout the complex. The minimum travel distance from any apartment may not be more than fifty (50) feet. and no person shall be required to climb or descend a fliaht of stairs to reach an extinguisher. Extinguishers shall be mounted in plain sight to all concerned." (20) Section 603.6.4 is added to read as follows: "603.6.4 Smoke alarms 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. Smoke alarms shall be listed and meet the installation requirements of NfiPA 72. (21) Section 603.7.5 is revised to read as follows: "603.7.5 Plans and specifications for automatic fire detection or manual fire alarm systems shall indicate the location and number of all initiating devices, including automatic fire detection devices and signal appliances with specifications of the type, construction, and operation of the system. These plans and specifications 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 (2) complete sets of plans shall be provided to the fire R91103A4.doc 16 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. Anv 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. (22) Section 603.7.8 is added to read as follows: "603.7.8 Warning signals Audible warning signals shall be accompanied bv simultaneous visual signals for the benefit of those with hearing disabilities. Visual signals shall be accompanied bv simultaneous audible signals for the benefit of the visually impaired. 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 subiect to the approval of the fire official." (23) Section 603.21.6 is added to read as follows: "603.21.6 In the event the building has a fire protective signaling system. the fire suppression system for cooking operations shall be connected to the fire protective signaling system." (24) Section 901.1.1 is revised to read as follows: "901.1.1 Except as provided in 901.1.2, this chapter shall apply to liquids with a flash point below 200 degrees F (93 degrees C) and to liquids with flash points above 200 degrees F (93 degrees C), 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 902 shall apply to all aboveground tanks used for the outside storage and dispensing of flammable and combustible liquids or to anv portable aboveground tank with a capacity in excess of six hundred sixty (660) gallons used for the storage of flammable and combustible liouids." (25) Section 901.5 is revised to read as follows: R91103A4.doc 17 "901.5 Hazardous Appliances Prohibited A person shall not use, within a building or structure, except -including a dwelling, any heating, lighting or cooking appliances which uses Class I flammable liquids." (26) Section 902.2 is revised to read as follows: "902.2 Restricted Locations "902.2.1 The storage of flammable or combustible liquids in above ground tanks outside of buildings is prohibited, except within the 1-3 "heavy industrial" zoning district and at marine service stations. "902.2.2 The location and installation of outside above -ground tanks for the storage of flammable or combustible liquids shall be in accordance with 902 and 907.3 and with the applicable provisions of NFPA 3Q ef-NFPA 30A, and this chapter." (27) Sections 902.3.5. 902.3.6, 902.3.7. 902.3.8. and 902.3.9 are added to read as follows: "902.3.5 Smoking is prohibited within fifty (50) feet of all storage and dispensing devices. Signs which prohibit smoking shall be conspicuously posted. "902.3.6 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. "902.3.7 Labelino of all tanks shall be in accordance with NFiPA 704. "902.3.8 Fire department vehicle access shall be provided within one hundred fifty (150) feet of anv tank. "902.3.9 Fire hydrants shall be provided in accordance with chapter 6 of this ordinance." (28) Section 902.9 is revised to read as follows: "902.9 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 three (3) psi nor more than five (5) psi. Pressure piping shall be tested to one and one-half (1 1/2) times the working pressure, or 76 psi (617 kPa) forty-five (45) psi, whichever is greater. Tests shall be maintained for at least thirty (30) minutes and shall be witnessed by the fire official." R91103A4.doe 18 (29) Section 905.1.2 is revised to read as follows: "905.1.2 Flammable or combustible liquids stored in tanks, drums or other closed containers shall conform to the applicable requirements of 901902, and 904. (30) Sections 906.1 and 906.2 are revised to read as follows: "906.1 Location of Plants "No new bulk plants shall be constructed within the limits of the Fire-Disirist City, except within the 1-3 "heavy industrial" zoning district. "906.2 Storage "906.2.1 Class I liquids shall be stored in closed containers, or in storage tanks above ground outside of buildings, or underground in accordance with 901 and 902. "906.2.2 Class!! or!!! liquids shall be stored in containers, or in tanks within buildings or above ground outside of buildings, or underground in accordance with 901 and 902." (31) Section 908.1.2 is revised to read as follows: "908.1.2 Flammable or combustible liquids stored in tanks, drums, or other closed containers shall conform to the applicable requirements of 901902, and 904." (32) Section 909.1 is revised to read as follows: "909.1 Storage "Flammable or combustible liquids shall be stored in tanks above ground 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." (33) Section 913 is added to read as follows: "SECTION 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 coniunction 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; R91103A4.doc 19 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 Carso 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 Carao Of Flammable And Combustible Liquids Wharves at which flammable or combustible liquid cargoes are to be transferred in bulk quantities to or from tang vessels shall be at least one hundred (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 "in service maximum operating pressures." Any hose showing material R91103A4.doc 20 deteriorations. signs of leakage, 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: "913.7.1 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. "913.7.2 Pipe ioints depending upon the friction characteristics of combustibles, materials or grooving of pipe ends for mechanical continuity of piping shall not be used. "913.7.3 Swivel ioints are permitted to be used in piping to which hoses are connected. and for articulated swivel-ioint transfer systems. provided that the design is such that the mechanical strength of the ioint will not be impaired if the packing material should fail. as by exposure of fire. "913.7.4 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 damaae. In addition. each line convening 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 (1) line is involved, the valves shall be grouped in one (1) location. "913.7.5 Means of easy access shall be provided for cargo line valves located below the wharf deck. "913.7.6 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 ioints 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. "913.7.7 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 carpo transfer system. "913.7.8 Hose shall be supported so as to avoid kinking and damage from chafing. R91103A4.doc 21 "913.8 Fire Fighting "913.8.1 Suitable portable fire extinguisher with a retina of not less than 20-B:C shall be located within seventv-five (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, readv-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 bv at least one (1) 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 Loadina And Discharge "Loading or discharging shall not commence until wharf superintendent and officer in charge of tank vessel aaree 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." (34) Sections 1701.1 and 1701.2 are revised to read as follows: "1701.1 Scope "This chapter and -Chapter 22. and the rules and regulations published bv the Railroad Commission of Texas shall apply to transportation, storage, handling and use of liquefied petroleum gas and the installation and maintenance of all equipment pertinent to systems for such uses. The transportation, storage, handling. and use of liquified petroleum pas and the installation and maintenance of all pertinent equipment is subject to the approval of the Fire Official. "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 bv this section. and on file in the citv secretary's office is hereby adopted as fully as if copied at length in this article." (35) Sections 1701.4.1, 1701.4.2. 1701.4.3 are revised to read as follows: R91103A4.doc 22 "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 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 f the 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: "1701.4.2.1 Installations accessory to service stations as permitted by the zoning ordinance. when the aaareaate capacity of any one (1) installation does not exceed two thousand (2.000) gallons of water capacity. "1701.4.2.2 Installations accessory to industrial uses permitted in areas zoned industrial. when the aggreaate capacity of any one such installation does not exceed two thousand (2.000) aallons of water capacity. except that in particular installations this capacity limit may be altered at the discretion of the Fire Official 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, decree of private fire protection to be provided, and facilities of the local fire department. "1701.4.2.3 Installations in an area zoned for 1-3 "heavy industrial" use. "1701.4.2.4 The restrictions in Section 1701.4.2 do not apply to containers used for transportation purposes. "1701.4.2.5 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 a written approval of such installation by the Director, Liquified Petroleum Gas Division, Railroad Commission of Texas. R91103A4.doc 23 "1701.4.3 Multiple container installations in an area zoned 1-3 "heav industrial" with a total storage water capacity of more than 180,000 gas (681 m ) (150,000 gal (568 m3) LP -gas capacity) shall be subdivided into groups containing not more than 180,000 gal (681 m3) in each group. No individual container may exceed thirty thousand (30,000) gallons water capacity. Such groups shall be separated by a distance of not less than 50 ft (15.2 m), unless (1) the tanks are buried or mounded in an approved manner, er-(2) protected with an approval insulation on such areas that may be subject to impingement of ignited gas from pipelines or other leakage eK3) protected by firewalls of approved construction conforming to the building code er-(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 shall not be less than 25 ft (7.6 m) between such container groups." (36) Section 2002.2 is revised to read as follows: "2002.2 Restricted Use person commits an offense if the person manufactures, assembles. stores, transports. receives, keeps. sells, offers, or has 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 or 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. 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. (37) Section 2005 is revised to read as follows: R91103A4.doc "Section 2005 Seizure of Fireworks "2005,1• -Removal 24 "2006.2 Disposal "2005.1 Removal and Disposal "The presence of anv fireworks within the city or within five thousand (5.000) feet of the city limits. except fireworks for a public display authorized bv the Fire Official, is declared to be a common and public nuisance and detrimental to the public health, safety and general welfare and constitutes a violation of this of this Code. The fire official is directed and required to seize and cause to be safely destroyed any fireworks found within the citv or within five thousand (5.000) feet of the city limits in violation of this chapter or in violation of the other provisions of this fire prevention code. Any member of the fire department of the city or anv police officer is empowered to seize anv fireworks found within the city or within five thousand (5,000) feet of the city limits in violation of this article and cause the fireworks to be safely destroyed. "2005.2 Definition "'Fireworks' means and includes anv 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 bv combustion, explosion, deflagration. or detonation, and shall include blank cartridges. tov pistols, toy cannons. toy canes, or tov guns in which explosives are used. firecrackers. torpedoes. pop DODS (such as: pop tops, pow -pow, fun snaps, or similar explosive devices which can be proiected, tossed, thrown, or dropped), skyrockets, roman candles, davqo bombs, sparklers, or other devices of like construction and anv devices containing anv explosive or flammable compound. or anv tablet or other device containing an explosive substance except that the term "fireworks" shall not include anv auto flares, paper caps which contain twenty- five hundredths (0.25) of a arain of explosive content or less per cap and are used with R91103A4.doc 25 toy pistols. toy canes. toy guns. model rocket propulsion motors. or other similar devices, the sale and use of which shall be permitted at all times. "2005.3 Applicability "The provisions of this section apply to all of the area within the city and to all of that area adjacent to the city and within five thousand (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 suit on behalf of the city or the fire marshal or both, for iniunctive 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. "2005.6.1 A person commits an offense if the person manufactures. assembles, stores, transports, receives, keeps, sells, offers. or has 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 has in his possession or on his person or under his control any fireworks of any description except as herein provided. Any person. upon conviction of an offense for violation of any provision of this chapter, shall be fined not more than two thousand dollars ($2.000.00). If any fireworks are separately wrapped or packaged, any act required or prohibited by this chapter involving each separately wrapped or packaged fireworks constitutes a separate offense. Each day that a violation of this chapter shall continue with respect to any package of fireworks shall constitute a separate offense. "2005.6.2 A person commits an offense if the person uses. discharges, causes to be discharged, ignites, detonates. fires or otherwise sets in action any fireworks and upon conviction shall be fined as above provided. (38) Section 2007 is added to read as follows: R91103A4.doc 26 "SECTION 2007 INDOOR FIRE WORKS SPECIAL EFFECTS "2007.1 Indoor Permit "2007.1.1 No person shall discharge any fireworks inside any building without a permit. Such permit shall describe the explosive compounds to be used and the amount per show. "2007.1.2 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. "2007.1.3 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. "2007.1.4 No permit shall be issued until the show setup is approved by the fire official or his designee prior to the first show. "2007.1.5 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. "2007.2 Location and Amount "2007.2.1 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. "2007.2.2 At no time shall the amount of explosive compound inside the building listed on the permit exceed the amount necessary for one (1) show date consumption. "2007.2.3 The pyrotechnic operator shall be licensed by the State of Texas as required by the Fireworks Rules of the State of Texas. "2007.2.4 A public display permit shall also be obtained as required by the Fireworks Rules of the State of Texas." (c) 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 Standard Fire Prevention Code are solely for the purpose of R91103A4.doc 27 providing information, recommended practices, and to clarify technical issues and shall not have the force and effect of law. (d) Anv person. firm. or corporation who violates a Provision of this code shall be guilty of a misdemeanor and shall be liable to a fine of not less than two hundred dollars ($200.00) and not more than two thousand dollars ($2.000.00). Each person firm or corporation shall be guilty of a separate offense for each and every day during which any violation of anv of the provisions of this code is committed or continued. The owner or owners of any building or structure failing to comply with anv of the provisions of this code. and the owner or owners of anv premises wherein a violation of the provisions of this code occurs. and anv architect. engineer. designer, builder. contractor, agent, person, firm, or corporation employed therewith and who has assisted in the commission of anv such violation, shall be guilty of a separate offense. SECTION 2. 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 3. A violation of this ordinance or any of its requirements constitutes an offense punishable as provided in Section 1 of this ordinance. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 5. This ordinance goes into effect on July 5, 1999, and shall apply to all installations under permits issued on or after that date. R91103A4.doc That the foregoing oriclimice was read for the first time and passed to its second reading on this the / 'day of "Mail 1999, by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott That thfegoing ordi ance was read for the second time and passed finally on this the day of ♦ 1999, by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett !, Dr. Arnold Gonzales I� PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary APPROVED: JZ/s day of Mc/ James R. Bray, Jr., City Attorney By: R. J- - R= ning A . ist- t City Attorn R91103A4.doc Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott T day of 28 1999. Samuel L. eal, Jr. Mayor, The City of Corpu , 1999: '223653 �hristi State of Texas County of Nueces rtuAP►CE DEPARTMENT 99 JUN _3 AM 9. PUBLISHER'S AFFIDAVIT } } CITY OF CORPUS CHRISTI ss: Ad # 2885685 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice - President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, 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. which the annexed is a true copy, was inserted in the Corpus Christi Caller - Times and on the World Wide Web on the Caller -Times Interactive on the 31ST day(s) of MAY, 1999. TWO (2 ) Time(s) $42.00 May 31, 1999/C13 ORDINANCE Section 18-1 nhlon Code, Code of Ordin incorporation of ndard Building Cod= 7 Edition; providin penalties and a ective date of July 5, 999. This ordinance was passed and approved by the City Council of the City of Corpus Christi on May 25, 1999. !s/Armando Chaps CCity of Corpuss Christi CrcL o0,3(o5-3 Vice -President and Chief Financial Officer Subscribed and sworn to me on the date of JUNE 01, 1999. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/ 14 / 01.