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HomeMy WebLinkAbout025470 ORD - 09/09/2003AN ORDINANCE REVISING SECTION 18-1, FIRE PREVENTION CODE, OF THE CITY CODE OF ORDINANCES BY INCORPORATION OF THE INTERNATIONAL FIRE CODE, 2003 EDITION; PROVIDING FOR SEVERANCE; PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION; AND!DECLARING AN EMERGENCY. WHEREAS, the 2003 edition of the International Fire Code is a combination of the BOCA National Fire Prevention Code, the Uniform Fire Code, and the Standard Fire Prevention Code; WHEREAS, the City of Corpus Christi desires to update the City's Fire Prevention Code by adopting the 2003 edition of the International Fire 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 International Fire 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 International Fire Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEX~S: SECTION 1. Section 18-1, Fire Prevention Code, is revised in its entirety to read as follows: CHAPTER 18 F!IRE PREVENTION AND PROTECTION ARTICLEI. GENERAL Sec. 18-1. Fire Prevention Code. (a) Thev._. ,__, _ c*""'~" -'~ ,~-'-',.~ ,D, ~...-....v, ,*~"" r'...~vv_~ International Fire Code, ~-2003 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 her-egmin this article as the fire prevention code in chapter 18, article I, section 18-1 of the City of Corpus Christi Code of Ordinances. to the ......... ~... D ...... .~ (b) Additions, deletions, and changes are made ~+""'~""~ ............. on Gede-lnternational Fire Cod~, 4997-2003 edition, and correlated to the appropriate paragraph numbers in the Standard Fire Code as follows: (1) Section 101.1 is re "101.1 Title. These regulatio Christi, hereinafle~and may vised to read as follows: 3s shall be known as the Fire Code of City of Comus )e referred to as "this code."" (2) Section 101.2.1 is revised to read as follows: "101.2.1 Appendices~. Provisions in the appendices ch=!! mav not apply unless specifically adOPted. The aoDendices included in this code and the appendices included i[~ referenced standards are not intended for enforcement unless s~)ecificallv referenced in the code text or sDecificallv included in this ordina,hce or necessary to clarifv technical issues." (3) Section 103.2 and ,103.3 are revised to read as follows: 103.2 .~.~. ............. F,re P ......... r- There is herebv es called the Fire Prevention Bt the fire official and/or fire ma revention Bureau Thc ""'~" "~'~;"~ Iablished a division of the Fire Department to be reau. and the person in charge shall be known as 'shal." "-1~%4 103.3 Liability. The qode official, officer or employee charged with the enforcement of this code, while actinq for the jurisdiction, _ ..... may not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to per{;ons or property as a result of an act required or permitted in the discharge of official duties. "-19,3~,~ t03.3.1 Legal defense. Any suit instituted against any officer or employee because ofian act performed by that officer or employee in the lawful discharge of dqties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proqeedings. The code official or any subordinate may not be liable for (~osts in an action, suit or proceeding that is instituted in pursuance of the p~ovisions of this code; and any officer of the department of fire preyention, acting in good faith and without malice, shall be free from liability f(~r acts performed under any of its provisions or by reason of any act or qmission in the performance of official duties in connection therewith-with this code." (4) Section 104.5 is re "104.5 Written N_Qotices am vised to read as follows: erdem citations T~.. ,-,.,~.~ ..~;.-;.~l; .... *~"';~'~ tc !09 ! --'~ !09 2 At such time as an insoection is conducted by a representatN violations are found to exist the business owner or any pt amount of time must be oive~ prevention code is unabated time, then the fire official or fi owner or to any person in ch violations are considered to immediately without prior wri of the fire prevention bureau and minor fire code /ritten notice specifying the defects is to be (~iven to ~rson in chame of the oremises. A reasonable to abate the violation. If a violation of the fire after written notice and a reasonable amount of re inspection may issue a citation to the business ~roe of the premises. However. the followino ~e of a serious nature and citations mav be issued ten notice. "104.5.1 Locked or bl(~cked exits in assembly or educational occupancies. "104.5.2 Nonfunctional or disabled fire alarm system, where re(~uired. "104.5.3 Closed valves to sprinkler system. "104.5.4 Overcrowded conditions. "104.5.5 Illeaal burning3. "104.5.6 NO smoke de, tectors where reauired. "104.5.7 No fire extincluisher where reauired. "104.5.8 Any other condition that in the opinion of the fire inspector, poses imminent danger." (5) Section 104.10.2 i~ added to read as follows: "104.10.2 Rewards. The mayor is authorized and directed to make oublic oroclamAtion in the name of the citv offerino a reward of five hundred dollars ($500.00~ for the arrest and conviction in a c0urt Of com~oetent anc~ fl'nal iurisciiction, of any oerson found ouiltv of th~ 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 ei(~ht (8) bv twelve (12~ inches in size and placed in wooden frames, under glass, and posted in at least 20 oublic buildinos in the city." 4 (6) Section 105.6.3 is levised to read as follows: "105.6.3 Aviation facilities. An operational permit is required to use a Group H or Group S OCcupancy for aircraft servicing or repair and a rcraft fuel-servicing vehiclesi. Additional permits required by other sections of this code include, but ~are not limited to, hot work, hazardous materials and flammable or combustible finishes liauids.: (7) Section 105.6.12 iff, deleted. (8) Sections 105.6.20.1-105.6.20.3 are added to read as follows: "105.6.20.1 Fu,migators and thermal insecticidal foaaers may pay an annual Derrflit fee in the amount of three hundred fifteen dollars ($315.00~. "105.6.20.2 Annual permit holders must call at least twenty-four (24) hours befdre the fumiaation is to beain. "105.6.20.3 The fire official is to be notified at least twenty-four (24) hours before anv buildina or structure or shio is to be closed in connection with the use ~f any toxic or flammable fumiaantoccuDan~v.and at ,, the time the bu!ldina or structure or shio is released for (9) Section 105.6.35 is revised to read as follows: "105.6.35 Placps of assembly. An operational permit is required to operate a plac~ of assembly. The permit ma.v not be issued unless all seats, stands and structures conform to the requirements of the COrDUS Christi Building Code." (10) Sections 105.6.48-105.6.54 are added to read as follows: "105.6.48 Dav care facilities. A permit shall be required to operate a day care faci!it.v. "105.6.49 Foster homelorou~) homes. A Dermit shall be reauired to operate a fo~ter home or a group home. "105.6.50 Hiah rise life safety systems. No Derson shall install, enlarae or extend a high rise life safety system without a permit from the fire of[icial. "105.6.51 HosPitals and nursino homes. A permit shall be required to opelate a hospital or nursing home. "105.6.52 Restaurants. A permit shall be required to operate a restaurant. "105.6.53 Unvented and portable fuel burning heaters. No person shall sell, purchase or use an unvented portable fuel burning heater Within the citv limits without a permit. "105.6.54 Commercial vent-a-hood cleanino. An operational permit is required to clean commercial vent-a-hoods." (11) Section 105.7.5 i~ revised to read as follows: "105.7.5 Flamrpable and combustible liquids. A construction permit is required: 1. To rel~air or modify a pipeline for the transportation of flammal~le or combustible liquids. 2. To in~tall, construct or alter tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used. 3. To in~tall, alter, remove, abandon, or otherwise dispose of a flammable or combustible liquid tank. 4. The a~pplication for a permit to install an above oround flem~able or combustible liouid tank shall be accompanied bv the following: 1. ~anufacturer'$ installation requirements 2. Listina for tank. 3. Site Dian showing address and proposed installation location." (12) Sections 105.8-105.10 are added to read as follows: "105.8 Fee Schedule. APPlications for permits shall be accompanied bv the payment of fees in accordance with the Corpus Christi Fire Prevention Permit Fee Schedule. as follows: CorPus Christi Fire Department Fire Prbvention Permit Fee Schedule Permit Fee Fire/Arson reports ~ Airports, heliports and helist~ps Assembly, A-1 or A-2 Automatic sprinklers, standpipes, and fire lines (testino~ Churches (one time fee - noJdav care facility on premises~ , Combustible fibers fstoraae &nd handlinq) Commercial vent-a-hood cleanina Compressed oas Cn/ooenic fluids Day care facilities for similar Short-term occuoancies~ Dry cleanino plants Explosives, blastino aoents and ammunition Extinauishino systems Fire alarm systems Fire alarm systems (reouired 15.000 square foot zones~ Fireworks disDlav (aerial~ Fireworks disolav fnon-aerial~ Flammable and co'mbustible liouids Flammable finishes Foster homes and arouo ho ,roes Fumigation and thermal insecticide Hazardous chemicals Hiah oiled combustible stock Hioh rise life safety system (testin~ before issuance of C. of O.~ Hosoitals and nursino homes (Der bed~ .iquifled natural oas Liquifled petroleum oas Lumber stora.oe Mechanical refrigeration Open burnina Organic coatinos Pressure test (fuel storaae t.anks and/or )roduct lines) Restaurants (facilities that accommodate 100 or less o¢cuDants~ Restaurants (facilities that Fee 59.00 annuallv 70.00 annually 55.00 oer visit 67.00 87.00 annually 50.00 annually 64.00 annually 64.00 annually 40.00 annually 70.00 annually 93.00 annually 44.00 Der insoection 37.00 Der floor 37.00 per zone 185.00 Der display 109.00 Ber dis[~lav 71.00 annually 70.00 annually 40.00 annually 315.00 annually 87.00 annually 63.00 annually 166.00 per test 1.20 oer bed 63.00 annually 63.00 annually 63.00 annually 30.00 annually 93.00 per day 63.00 annually 56.00 oervisit 40.00 annually 70.00 annually accommodate more than 104 7 occuDants~ Tank vehicles for flammable ~nd combustible li(~uids Tents and air supported structures Tire rebuildino plant Undemround/aboveoround fuel tanks installation and removal} I Wreckino vard, junkvard'or w~ste handling 40.00 annually 70.00 annually 40.00 annuallv 56.00 per inspection 40.00 annually "105.9 APPlications and fees reouired for failure to pass inspections. If a site does not meet the standards for issuance of a permit after two inspections, the applicant m~st submit a new application and pay a permit fee before any subseouent insDe, ctions will be conducted. "105.10 Burnina permits. Burnina permits will not be issued unless both fire prevention and environmental con~(~l division approve the material to be burned." (13) Section 108 is re¥ised to read as follows: SECTION 108 =~^Dn OF APPEALS MODIFICATION OF FIRE PREVENTION CODE marshal, actina tooether, sh; prevention code. upon appli~ authorized aoents, when the Appointment. ....... The city manager, the fire chief, and the fire Ill have the oower to modify any orovision of the fire ;ation in writina by the owner or lessee or their duly re are practical difficulties in the wav of carry, ino out the strict letter of the code Public safetv secured and si be applicable upon the unar the fire marshal in writing. allowed by such unanimous marshal and a signed CODV I rovided that the spirit of the code shall be observed. bstantial iustice done. Such modification shall only imous approval of the city manaaer, fire chief, and he particulars of such modification when oranted or approval shall be entered into the records of the fire ~e furnished to the applicant. "108.2.1 General. Whenever it is claimed that the provisions of this code do not apply, or when lit is claimed that the true inte'nt and meanina of this code or anv of the reaUlations of this code have been misconstrued or incorrectly interoretedi the owner of such buildino or structure, or the owner's duly authorized aoent, may appeal the decision of the fire official to the city manaoer b~ filine notice of aooeal with the fire chief. Notice of appeal shall be in writlng and filed within 15 days after the decision is rendered bv the fire official. "108.2.2 Unsafe or Danaerous Buildina. In case of a buildina, structure or operation which, in }the o[~inion of the fire official, is unsafe or dangerous, the fire official r~av. in his or her order, limit the time for such appeal to a shorter De~riod. "108.3 ¢~HC~,,a{~. Decisions. The r,,,,r,~ ,,~ ..... ~o or,,n .... ;°* cf "108.3.1 Variances. The city manaaer: fire chief, and fire marshal. collectively, when so aDoealed to and after a hearing: may vary. the application of an.v DroVision of this code to any oarticular case. when~ in its opinion, the enforcement thereof would do manifest iniustice and would be contrary to the soirit a,nd purpose of this code or oublic interest, or when. in its oDinion, the inte~'oretation of the fire official should be modified or reversed. "108.3.2 Action. In (~very case, reach a decision without unreasonable or unnecessary delay. I~ach decision shall also include the reasons for the decision. If a decision reverses or modified a refusal~ order, or disallowance of the fire official, or varies the application of any orovision of this code, the fire official shall immediately take action in accordance with such decision. "108.3.3 Decisions Are Final. Every decision of the city manaaer, fire chief, and fire marshal shall be final, subiect however to such remedv as any aqqrieved party miaht have at law or in eouitv. 9 "108.4 Limitations on authority. An aoDlication for appeal sh;ll be based on a claim that the intent of this code or the rules leoallv ad(~[~ted the~under have been incorrectly intemreted, the provisions~ fully aDOIv, or an eauivalent~rotection or _s_afety is proposed. The boa~,d shall have no authority to waive reauirements of this code. "108.5 Administration. The code official shall take action in accordance with the decision of the board." (14) Section 109.3 is qevised to read as follows: "109.3 Violation penalties. )ersons who shall violate a provision of this code or shall fail to comply with any (,f the requirements thereof or who shall erect, install, alter, repair or do work in vio ation of the approved construction documents or directive of the code official )r of a permit or certificate used under provisions of this code, shall be .quilty of a misdemeanor punishable by a fine of not less than fifty ($50~ dollars and not mo'e than two thousand ($2.000~ dollars cr by ;~,~,.; ......, .,,,+ ..... ,~m,,, ~ cr ~'"*~' .... ~' ~; .... '~ ;"*~"; ...... + Each day that a violation continues aft{ due notice has been served shall be deemed a separate offense." (15) Section 110.1 is revised to read as follows: .... i.~. -:lte:r,:l'i ....... :-I.I;A ....... ; .... ,-le, m,-,li+i ....... i.e.,-I All buildinos or structures which do not provide adeauate earess: which constitute a fire hazard: or are otherwise danoerous !o human life: or which, in relation to existina use. constitute a hazard to safetyior health are considered unsafe buildinos. All such unsafe buildinqs are hereby declared illeaal, and the fire official shall refer the buildina to the Zonina and Cpde Enforcement Administrator for abatement by repair and rehabilitation or by demolition." (16) Section 111.4 is [evised to read as follows: "111.4 Failure to comply, A~ny person who shall continue any work after havin.q been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than fifty ($50.00~ dollars or more than two thousand ($2,000) dollars." (17) Section 202 is revised to read as follows: "CONDOMINIUM. A sinole-dCtellina unit in a multiunit dwellina or structure, that is separately owned and ma,~ be combined with an undivided interest in the common areas and facilities of the property. "DWELLING. MULTIPLE UI~IT. A buildina or Dortion thereof designed for OCCupancy by three or more families livina independently in which they may or may not share common entrances and/or other spaces. Individual dwellina units may be owned as condominibms, or offered for rent. "OCCUPANCY CLASSIFIC/~TION. For the purposes of this code, certain occupancies are defined as t~ollows: "R-2 Residential occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature, includinq: "Condominiums" (18) Section 316 and 317 are added as follows: CONVALESCENT HOMES; HOMES FOR THE AGED. AND NURSERIES "316.1 Heatino. Buildinos occupied for the purposes of convalescent homes. homes for the aoed, and numeries shall have central heatino plants with installation so as to safeauard the inherent fire hazard. "316.2 Portable heaters. Th.e use of portable heaters of any kind is prohibited. "316,3 Liohtino. Liohting shall be restricted to electricity." 11 J SECTION 317 COMM~A~NDRIER "317.1 Vents and lint collectors. Vents and lint collectors shall be installed and maintained so that lint does hot accumulate in the chase or area behind the dryers or the roof of the builc~inq." (19) Section 503.1.1 iT revised to read as follows: "503.1.1 Buildings a~ shall be provided for hereafter constructed apparatus access roa ~.,~n;,,, allow access thousand (15~000) so, thousand ('30~000~ sa are brouaht on to the fire official, access r( acceptable to the fire ~d facilities. Approved fire apparatus access roads ,verg facility, buildin,q or port on of a buildin,q or moved into or within the jurisdiction. The fire shall .... ~ three (3~ sides of buildinas in excess of fifteen Jare feet and all sides for buildinas in excess of thirty Jare feet. Durino construction, when combustibles site in such ouantities as deemed hazardous by th~. ids and a suitable temporarv supplv of water :lepartment shall be provided and maintained. "Exception: When conditions prevent the installation of an approved fire apparatus access road. the code official mav permit the installation iof a fire-protection system or systems in lieu of a road, provided ~he system or systems are not otherwise reouired by this or anv other code. 12 (20) Section 503.3 is avised to read as follows: "503.3 Marking. Where req~ired by the code official, approved signs or other approved notices shall be pr, )vided for fire apparatus access roads to identify such roads or identify such r~)ads or prohibit the obstruction thereof. Signs or notices shall be maintained in a clean and legible condition at all times and be replaced or repaired when n?cessary to provide adequate visibility. Fire department access roadwav~, desianated bv the code official in accordance with the Fire Prevention Code shall be marked bv the property owner alonq the perimeter with consoicuous Parkina" in red four-inch hiak Sians shall be a minimum of sign and a maximum of eiahl lanes shall also be marked Parkina" in white four-inch hi intervals. Exception: UnivE above." ians which have the words, "Fire Lane - No letters on a white backaround at fiftv-foot intervals. five (5) feet above the around to the bottom of the (8~ feet above the around to the top of siqn. Fire ona curbina with the wording, "Fire Lane - No ~h letters on a red background stride at fifteen-foot rsal "No Parking" sians may be used in lieu of the (21) Section 503.4.1 i~ added to read as follows: "503.4.1 Authority_ fo,r removal. The owner of premises at or upon which a fire lane is reauired.:or the aqent of the owner, may have any vehicle that is parked in the fire lane. except an authorized emeraency vehicle, removed and stored at the expense of the owner or operator of the vehicle, and subject to removal bv the fire official, his or her desiqnated assistants, or a oolice officer." (22) Section 508.5.1 i~ revised to read as follows: ...................... 4 .............. C," ............. .z .......................... ~_~,' the fire ccde cff!c!~.L Water SUDDIv. AIl__.__~remises. other than one~ familv and two-family dwellinos, where buildinas or portions of buildings are located more thaq one hundred fifty (150) feet from a fire hydrant shall be provided with apprpved on-site fire hydrants and water mains cap_able of supplying the fire flpw required by the fire official. The location and number of on-site hyc~rants shall be as designated by the fire official, with the minimum arranaement beina so as to have a hydrant available for distribution of hose toanv portion of anv buildina on the premises at distances not exceeding three hundred (300~ feet but in no case shall hose lenqths be grea~er than three hundred (300) feet. Public hydrants are recognized as meleting all or part of the above requirements." ]3 (23) Section 508.5.7 , added to read as follows: "508.5.7 No oarkino ~ear hvdrant. No automobile, truck, or other vehicle shall be parked closer than fifteen (15~ feet to any fire hydrant." (24) Section 603.4 is r~vised to read as follows: "603.4 Portable Unvented =nd R 4. . . The sale or use of anv type of portable liquid fuel burning heater is prohibited. ConstructiOn sites and commercial sites, where flammable or combustible vapors ane not__resent are exempt from this rea_uirement with approval of the code Official. A [~ermit shall be reauired for the use of portable liauid fuel bu!nina heaters. The sale or use of unvented fuel heaters at construction sites and commercial sites is prohibited, except that unvented portable liauid fuel burnina heaters havina the followina safeguards may be aooroved for use: 1. Automatic rOeans of shuttina offfuel when heater is uoset. 2. Adequate qpards to protect persons against contact with flame or combustiion chamber. 3. Listed bv nationally recoanized testing agency." (25) Section 907.1.1 is revised to read as follows: "907.1.1 Constructiop documents. Construction documents for fire alarm systems shall b~e submitted for review and approval prior to system installation. Two (2) Complete sets of plans shall be provided to the fire prevention bureau. These plans shall bear the signature and license number of the licensee fire alarm planning suoerintendent, the date of proposed installation {~nd the name. address, and certificate-of-reGistration number of the reaistered firm. Any olans not drawn or submitted bv a licensed planning suRerintendent will not be accepted. Other specific information on submi~al information can be obtained from the fire official. Construction documepts shall include, but not be limited to, all of the following:" ]4 (26) Section 907.2.3 "907.2.3 Group E. A E occupancies. Whet are installed, such sy,, fire alarm system. Sn occupancies includinc secondarv schools, ar installed in accordanc revised to read as follows: manual fire alarm system shall be installed in Group automatic sprinkler systems or smoke detectors tems or detectors shall be connected to the building ~oke alarms shall be installed in al educational but not limited to day care centers, elementary and ~d all portable buildings. These devices shall be ,~ with the rules for "partial smoke detection systems"~ except day :are centers which will reauire additional orotection in every room in whict~ children sleeo. Smoke alarms shall be listed and meet the installation ;auirements of NFPA 72." (27) Section 907.2.24;is added to read as follows: "907.2.24 Cookina operations. In the event the building has a fire protective sianalina s~stem, the fire suppression system for cookinq operations shall be cdnnected to the fire protective sianalinq system." (28) Section 907.10 is, revised to read as follows: "907.10 Alarm notification ~ppliances. Alarm notification appliances shall be provided and shall be listed for their purpose. Audible warnino sianals shall be accompanied bv simultaneous visual signals f~r the benefit of those with hearing disabilities. "2. Visual sianals shall be accomoanied by simultaneous audible sionals for the benefit of the visually impaired. "3. Visual si(~nals shall consist of the letters FIRE in a flashing manner when activated. The letterin(~, size. color and location of le(]allv re(~uired visual sional shall be subiect to the approval of the fire official." (29) Section 2206.2.3, is revised to read as follows: "2206.2.3 Above .qropnd tanks located outside, above grade. Tanks cpntainin.q fuels sh=!! may not exceed ~----~=,000 gallons (d5 ~.20~) in individual capacity or 41=8,000 gallons (18! 68OL) iq aggregate capacity. Installations with the maximum allowable aggregate capacity shall be separated from other such ins!tallations by not less that 100 feet (30 480 mm)." ]5 (30) Section 3301.2.4 is revised to "3301,2.4 Financial required by Section 3; corporate surety bond deemed adequate by the same amount, for persons or property w act authorized by the ~ The code official is au in his or her opinion, ¢ lesser amount is requ bond requirement." read as follows: ;sponsibility. Before a permit is issued, as ;01.2, the applicant shall file with the jurisdiction a in .... ~. ...... ~. ......... ,, w,~vv an amount :he fire official or a public liability insurance policy for lhe purpose of the payment of all damaqes to ~ich arise from, or are caused by, the conduct of any )ermit upon which any judicial judgment results. :horized to specify a greater or lesser amount when, onditions at the location of use indicate a greater or red. Government entities shall be exempt from this (31) Section 3308.5 is~ revised to read as follows: "3308.5 Storage of fireworl~s at display site. The storage of fireworks at the display site shall comply with~ the requirements of this section and NFPA 1123 or NFPA 1126 and shall be apRroved bv the code official. At no time shall the amount of explosive compou!nd exceed the amount necessary for one (1) show date consumotion~" (32) Section 3308.11 ls revised to read as follows: "3308.11 D,,,..:~ ,~.'~.., ..... .~ ~..:1~., Restricted Use. =; ~A person commits an Offense if the person manufactures, assembles, stores, transoorts, receives, deeD. sells, offers, or has in their possession with intent to sell, delivery to any person or olace, use. discharae, cause to be discharaed, ianite, detonate, fire or otherwise set in action or have in their Possession or on their person or under their control any fireworks or any description except as provided in this code. The fire official shall have the Dower to adoot reasonable rules and reaulations for the orantina of oermits for su~er~sed public dis~v a iurisdiction~ociations. amusement oarks, other oraanizations or for the use of fireworks by artisans in pursuit of their trade. Every. ,such use or display shall be handled by a comoetent operator approved by the fire official, and shall be of such character and so located, discharged or fired ~o as not to be hazardous to orooertv or endanaer anv~Derson." (33) Sections 3308,1213308.17 are added to read as follows: ]6 "3308.12 Removal and dis or within five thousand display authorized bv the Fin nuisance and detrimental to ' constitutes a violation of this seize and cause to be safel violation of the other Drovisio fire department of the city or fireworks found within the cit' in violation of this article and osal. The oresence of anv fireworks within the city feet of the citv limits, exceot fireworks for a oublic Official. is declared to be a common and public he public health, safety, and qeneral welfare and Code. The fire official is directed and required to destroved anv fireworks found within the city or in 3s of this fire orevention code, Any member of the any police officer is emoowered to seize any or within five thousand (5.000~ feet of the city limits cause the fireworks to be safely destroyed. "3308.13 Definition. Firewo explosive comoosition, or an prepared for the purpose of combustion, exolosion, defla cartrid(~es, toy oistols, tov ca are used. firecrackers, torpe( snaps, or similar explosive d. droooed~, skvrockets, roman of like construction and any compound= or anv tablet or c except that the term "fireworl which contain twenty-five hu 'ks' means and includes any combustible or substance or combination of substances, or device ,roducino a visible or an audible effect bv ration, or detonation, and shall include blank less Der cao and are used w DroDulsion motors, or other, ~m~lar dewces. lnons, tov canes, or toy ouns in which explosives Ioes, [~oo DaDS (such as: DOD tops. OOW-WOW. fun .~vices which an be projected, tossed, thrown, or candles, davalo bombs, soarklers, or other devices (levices containino anv explosive or flammable /her device containing an explosive substance., :s" mav not include anv auto flares, oaper caps ~dredths (0.25~ of a (~rain of explosive content or ih tov pistols, toy canes, tov auns. model rocket the sale and use of which shall be permitted at all times. "3308.14 Applicability. The orovisions of this section aDDIv to all of the area within the city and to all of th,at area adiacent to the city and within five thousand (5.000~ feet of the city limits; iprovided, however, that no change in the city limits occurrina after Au(~ust 4. 1976. shall affect an expansion of the area in which this chapter aDolies until the 120!n day followin(] the (~ffective date of such chan(]e in the city limits, "3308.15 Duties of City Attorney. Notwithstandin(~ any venal Dr~visions of this article, the City Attorney is authorized to file suit on behalf of the citv or the fire marshal or both, for injunctiv,e relief as may be necessarv to prevent unlawful stora(~e, transoortation, keeain(~ or use of fireworks within the city and to aid the fire marshal in the discharge, of his or her duties and to prevent any oerson from interferin(~ with the seizure and destruction of such fireworks, but it may not be necessary to obtain any such iniunctive relief as a prerequisite to such seizure or destruction. "3308.16 Defense in prosec chaDter, it mav not be neces: exception, but the same ma, possession of a permit from persons named in such perrr ]7 ution. In any prosecution for anv violation of this ;ary. for the prosecution to neuate any proviso be raised bv the defendant by way of defense. The he fire official shall constitute a defense to the or in place of the persons named in such permit. "3308.17 Penalty. A person commits an offense if the person manufactures. assembles, stores, transports receives, keeps, sells, offers, or has in their I~(~session with intent to selll deliver t° any person or place, use. dischar(~e. cause to be dischar(]ed, ianit~, detonate, fi'r(~ or otherw;ise set in action or~qas in their possession or on their description except as orovid( offense for violation of any DI two thousand dollars ($2.00(: packaqed, anv act reauired ~ packaged fireworks constitut this chapter shall continue w constitute a separate offens( discharges, causes to be dis action any fireworks and upc' erson or under their control anv fireworks of any ,d in this code. Anv person, upon conviction of an ovision of this chapter, shall be fined not more than .00). If anv fireworks are separatelv wrapped or 'this chapter involvina each seDaratelv wrapped or .~s a separate offense. Each dav that a violation of th respect to anv oackaoe of fireworks shall · A person commits an offense if the person uses, :harped. ianites, detonates, fires or otherwise sets in conviction shall be fined as above provided." (34) Section 3309 is added to read as follows: ' ' ~.E _C_TIO_t~L3.3_~ INDOOR F, IRE WORKS SPECIAL EFFECTS "~3309.1 Indoor Permit "3309.1.1 No person ~hall discharge any fireworks inside any buildinq without a permit. Such permit shall describe the explosive compounds to be used and the amount per show. "3309.1.2 Prior to the issuance of a permit for indoor fireworks, the operator shall file an a, pplication with the fire official, statina the operator's qualifications and other information as deemed necessary, by the fire official to certify that tl~e operator for which application has been made is capable of safelv discharoin(~ such fireworks as described to the satisfaction of the fire ,official. "3309.1.3 No permit qnce issued may be transferred to another location nor another operator., Any chanue in the information listed on the permit will re(]uire a new permit. Any time the circumstances for which the ~ermit was issued chanoe, the permit is void. "2007.1.4 No Dermit shall be issued until the show setup is approved bv the fire official or his (~r her desianee prior to the first show. "3309.1.5 No permit shall be issued unless the buildinq listed as the location of the displavl has had a current fire insoection and is in comoliance with this c~ode. "3309.2 Location and Amount "3309.2.1 The location of the fireworks display shall be soecified as to street address, buildino desionation and exact area within the buildino to allow the fire official td determine that the proposed display can safely be discharQed as a[~orov~d. "3309.2.2 At no time shall the amount of explosive compound inside the buildina listed on the [~ermit exceed the amount necessary for one (1) show date consumDtibn. "3309.2.3 The ovrotedhnic operator shall be licensed by the State of Texas as reouired bv the Fireworks Rules of the State of Texas. "3309.2.4 A public display oermit shall also be obtained as required by the Fireworks Rules of the State of Texas." (35) Section 3403.2.2,is added to read as follows: "3403.2.2 Fire hydrants. Fire hydrants shall be provided in accordance with Chapter 5 of this ~ordinance." (36) Section 3405.3.3;is revised to read as follows: "3405.3.3 Heating, li~htin.q and cookinq appliances. Heating, Ibhtin(~ and cookinq appliances which utilize Class I hqu~ds ...... may not be operated within a buil¢in.q or structure· (37) Section 3801.1 i~ revised to read as follows: "3801.1 Scope. Stora.qeI ha~dlin.q and transportation of LP-.qas and the installation of LP-gas equipment pertinent to systems for such uses shall comply with this chapter and NFPA 98. Properties of LP-.qases shall be determined in accordance with Appendix B of NFPA 58. The transoortation, storaoe, handlina and use of liouefied petroleum oas and the installation and maintenance of all pertinent eouiDment is subiect to the aoDroval of the fire official." (38) Section 3803.1 is revised to read as follows: "3803.1 General. Liquefied I~etroleum .qas equipment shall be installed in accordance with the International Fuel Gas Code and NFPA 58, except as otherwise provided in this chapter or in other laws or reoulations leoallv in effect. "3803.1.1 Within the Ii'nits of the City of CorPus Christi no storaoe container shall be instblled, erected or used for a caoacitv to hold more than one hundred fifty f150~ water aallons, exceDt as follows: "3803.1.1.1 Installations accessory to service stations as permitted by thf~ zonin(~ ordinance, when the aqqreqate capacity of any one (1) ins{allation does not exceed two thousand (2,000) (~allons of wate! capacity. "3803.1.1.2 Ins areas zoned in such installatio water capacity. limit may be all the maximum (8.000~ oallons features such proximity of bu fire Protection department. lallations accessory to industrial uses permitted in Justrial. when the aggre(~ate capacity of any one does not exceed two thousand ~2~000~ (~allons of exceot that in particular installations this capacity 9red at the discretion of the Fire Official to increa.se Ilowable caoacitv to not more than eiqht thousand of water caoacitv after consideration of special s tooooraDhical conditions, nature of occuoancv and Idings. capacity of proposed tanks, deqree of private 3 be provided, and facilities of the local fire "3803.1.1.3 Inst. allations in area zoned for I-3 "heavv industrial" use. "3803.1.1.4 The restrictions in Section 3803.1.1 to not apply to containers used for transportation purooses. "3803.1.1.5 Containers laraer than on hundred fifty (150) water gallons caoacitv may be authorized and installed only after applicant has first obtained and oresented to the Fire Official a written aooroval of such installation of the Director. Liauefied Petroleum Gas Division, Railroad Commission of Texas." (39) Section 3804.4 isI revised to read as follows: "3804.4 Multiple container ~ns.,tallation. Multiple container installations in an area zoned I-3 "heavv-indus!rial with a total storage water capacity of more than 1801000 gallons (681 300 L);[1501000-.qallon (567 750 L) LP-.qas capacitY1 shall be subdivided into groups cc~ntaininq not more than 180,000 .qallons (681 300 L) in each group. No individual container may exceed thirty thousand (30.000~ gallons water capacity. Such .qroups shall be separated by a distance of not less than 50 feet (15 240 mm), u ,~less the containers are protected in accordance with eRe-al~ of the followinq one fl~ throuah four (4) or five (5):" (c) Appendix A, ................... ~.~. ........................................ Board of Appeals; Appendix B, ~¢i~,~,~¢~Jm~-Fire-Flow Requirements for 20 Buildings; Appendix C, Haza EI Hazard Categories; Appe~ Fluids-Weight and Volume E :t Fire Hydrant Locations and Distribution; Appendix :!fic:ticnc Fire Apparatus Access Roads; Appendix ~dix F, Hazard Ranking; Append x GI Cryo,qen c uivalents of the ............. D international Fire Code are solely for the purpose of providing information, recommended practices, and to clarity technical issues and shE!! may not have the force and effect of law. (d) Any person, firm, or corporation who violates a provision of this code sh~!! bc is guilty of a misdemeanor and shalNae-is 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 sha-INge-is guilty of a separate offense for each and every day during which any violation of any of the provisions of this code is committed or continued. The owner or owners of any building or structure failing to comply with any of the provisions of this code, and the owner or owners of any premises wherein a violation of the provisions of this code occurs, and any architect, engineer, designer, builder, contractor, agent, person, firm, or corporation employed therewith and who has assisted in the commission of any such violation, ~is 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. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 9th day of September, 2003. 2] ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Samuel L. Nea-'[, Jr. ' ' - -d f Mayor APPROVED ?~,~.d~.- .5 ,2003. By: Joseph~arney I Assistant City Attorney For City Attorney 22 Corpus Christi, Texas TO THE MEMBERS OF THI~ CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/VVe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, SamuelL. Neal, Jr., M~yor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garret[ Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott :" ,~e oi lexas %~C~ounty of Nueces PUBLISHER'S AFFIDAVIT SS: CITY OF CORPUS CHRISTI Ad # 4669852 PO # Before me, the undersignedI a Notary Public, this day personally came Diana Hinoiosa, who being first du~y sworn, according to law, says that she is Credit Manager of the Corpus Chrlsti 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 Patr~:io, Victoria and Webb Counties, and that the publication of, NOTICE OF FASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted tn the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Tim,~s Interactive on the 15TH day(s} of SEPTEMBER, 2003. $58.39 Credit Manager TWO 12 ) Time(s) Subscribed and sworn to me on the date of SEPTEMBER 16, 2003. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. ~ Chdsti Caller-Times, Monday, September 15, 2003/