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/