HomeMy WebLinkAbout029748 ORD - 02/26/2013Ordinance adopting the International Fire Code, 2009 Edition, with
local amendments, as the Fire Code of the City of Corpus Christi;
providing for penalties; providing for severance; and providing for
publication.
Be it ordained by the City Council of the City of Corpus Christi, Texas, that:
Section 1. Section 18 -1, Code of Ordinances is revised to read as follows:
"Sec. 18.1. Fire prevention code.
"(a) The International Fire Code, 2003 2009 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 in this article as the fire
prevention code in chapter 18, article I, section 18 -1 of the City of Corpus Christi
Code of Ordinances.
"(b) Additions, deletions, and changes are made to the International Fire Code,
2803 2009 Edition, and correlated to the appropriate paragraph numbers in the
International Fire Code as follows;
"(1) Section 101.1 of the International Fire Code is revised to read as
follows:
"101.1 Title. These regulations shall be known as the Fire Code of
City of Corpus Christi, and may be referred to as "this code."
"(2) Section 101.2.1 of the International Fire Code is revised to read as
follows:
"101.2.1 Appendices. Provisions in the appendices may not apply
unless specifically adopted. The appendices included in this code
and the appendices included in referenced standards are not
intended for enforcement unless specifically referenced in the code
text or specifically included in this ordinance or necessary to clarify
technical issues."
"(3) Sections 103.2 and 103.3 arc of the international Fire Code is revised
to read as follows:
"103.2 Fire Prevention Bureau. There is hereby established a
division of the Fire Department to be called the Fire Prevention
Bureau and the person in charge shall be known as the fire code
official and/or fire marshal.
029748
INDEXED
of official duties.
this code."
"(4) Section 104.5 of the international Fire Code is revised to read as
follows:
1'104.5 Written notices and citations. At such time as an inspection
is conducted by a representative of the fire prevention bureau and
minor fire code violations are found to exist written notice specifying
the defects is to be given to the business owner or any person in
charge of the premises. A reasonable amount of time must be
given to abate the violation. If a violation of the fire prevention code
is unabated after written notice and a reasonable amount of time,
then the fire official or fire inspector may issue a citation to the
business owner or to any person in charge of the premises.
However, the following violations are considered to be of a serious
nature and citations may be issued immediately without prior
written notice.
"104.5.1 Locked or blocked exits in assembly or educational
occupancies.
"104.5.2 Nonfunctional or disabled fire alarm system, where
required.
"104.5.3 Closed valves to sprinkler system.
"104.5.4 Overcrowded conditions.
"104.5.5 Illegal burning.
"104.5.6 No smoke detectors where required,
"104,5.7 No fire extinguisher where required.
"104.5.8 Any other condition that in the opinion of the fire
inspector, poses imminent danger."
"(5) Section 104.10.2 is added to this code to read as follows:
"104402 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 jurisdiction, of any person found guilty of the
crime of arson, as defined in the statutes of the state, within the
limits of the city and to have the proclamation printed upon placards
eight (8) by-twelve (12) inches in size and placed in wooden
frames, under glass, and posted in at least 20 public buildings in
the city."
"(6)
"(8) .
to this code to read as follows:
105.6.19.1 -- 105.6.19.3 are added
"105.6.20.1 - 105.6.19.1 Fumigators and thermal insecticidal foggers
may pay an annual permit fee in the amount of three hundred
fifteen fly dollars ($31-5, 00- 350.00).
"105.6.20.2 105.6.19.2 Annual permit holders must call at least
twenty -four (24) hours before the fumigation is to begin.
"105.6.20.3 105.6.19.3 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.
Section 105.6.35 105.6.34 of the International Fire Code is revised
to read as follows:
"4 -05:- 5- 105.6.34 Places of assembly. An operational permit is
required to operate a place of assembly. The permit may not be
issued unless all seats, stands and structures conform to the
requirements of the Corpus Christi Building Code."
"{49)- j Sections 105.6.47 -- 105.6.53 are added to this
code to read as follows:
"105.6.48 105.6.47 Day care facilities. A permit shall be required to
operate a day care facility.
"105.6,49 105.6.48 Foster home /group homes. A permit shall be
required to operate a foster home or a group home.
"40 0- 105.6.49 High rise life safety systems, No person shall
install, enlarge, or extend a high rise life safety system without a
permit from the fire code official.
"105.6.51 105.6.50 Hospitals and nursing homes. A permit shall be
required to operate a hospital or nursing home.
"105.6,52 105.6.51 Restaurants. A permit shall be required to
operate a restaurant.
"1- 85.6.53 105.6.52 Unvented and portable fuel burning heaters.
No person shall sell, purchase, or use an unvented portable fuel
burning heater within the city limits without a permit.
"105.6,54 105.6.53 Commercial vent -a -hood cleaning. An
operational permit is required to clean commercial vent -a- hoods:
documentation must be provided indicating training from a
nationally recognized agency complying with NFPA 96,"
"(11) (9) Section 105.7.5 105.7, 7 of the International Fire Code is revised
by adding a new subdivision 4 to this code to read as follows:
"105.7.5 105.7.7 Flammable and combustible liquids. A
construction permit is required:
"4. The application for a permit to install an above ground
flammable or combustible liquid tank shall be accompanied by the
following:
"1. Manufacturer's installation requirements.
"2. Listing for tank.
"3. Site plan showing address and proposed installation
location."
"(12) (10) Sections 105.8 -- 105.10 are added to this code to read as
follows:
"105.8 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 Fee
Fee
Fire /Arson reports
$ 0.10 per page
After hours overtime
50.00 per hour 0-
hour minimum).
annually pre -paid
inspections-sur-ollarge
prior to scheduling
inspection
Airports, heliports and
helistops
100.00 annually
Assembly
100.00 annually
Automatic sprinklers,
standpipes, and fire lines
(testing)
100.00 per visit
Churches (one -time fee --
no day care facility on
premises)
100,00
Combustible fibers
(storage and handling)
100.00 annually
Commercial Vent -A -Hood
cleaning
50.00 annually
Compressed gas
100.00 annually
Cryogenic fluids
100.00 annually
Day care facilities (or
similar short-term
occupancies)
75.00 annually
Demolition .w/ explosives
250.00 per event
Dry cleaning plants
100.00 annually
Explosives, blasting
agents and ammunition
storage
150.00 annually
Extinguishing systems
100.00 per
inspection
Fire alarm systems
75.00 per floor=
per test visit
Fire alarm systems
(required 15,000 square
75.00 per zone=
per test visit
foot zones)
Fireworks display (aerial)
250.00 per display
Fireworks display (non-
aerial)
150.00 per display
Flammable and
combustible liquids
100.00 annually
Flammable finishes
100.00 annually
Foster homes and group 75,00 annually
homes
Fumigation and thermal 350,00 annually
insecticide fogging
Hazardous chemicals
High piled combustible
stock
100.00 annually
100.00 annually
High rise life safety system
(testing before issuance of
C. of 0.)
200.00 per test
Hospitals and nursing
homes
Liquified Liquefied natural
gas
250.00 per facility
plus 1.20 per bed
100.00 annuaily
Lig'uified Liquefied
petroleum gas
100.00 annually
Lumber storage
Mechanical refrigeration
Open burning
100,00 annually
100.00 annually
Organic coatings
Plans review
300.99- 500.00
per day
100.00 annually
150.00 per review
Pressure test (fuel storage
tanks and/or product lines)
100.00 per visit
Repair garages
Restaurants (facilities that
accommodate 100 or less
occupants)
100.00 annually
100.00 annually
Restaurants (facilities that
accommodate more than
100 occupants)
100.00 annually
Special events permits
Exhibits /shows
100.00
Flame effects
150.00
Visual inspection
50.00
Special handling fee (less
than 24- hours' notice)
100,00 per
inspection
Tank vehicles for
flammable and
combustible liquids
100.00 annually
Tents and air supported
structures
75.00 annually
Tire rebuilding plant
100.00 annually
Undergroundfaboveground
fuel tanks (installation and
removal)
100.00 per
inspection
Wrecking yard, junkyard or
waste handling
100.00 annually
"105.9 Applications and fees required for failure to pass
inspections, If a site does not meet the standards for issuance of a
permit after the first inspection, the applicant must submit a new
application and pay a permit fee before any subsequent inspections
will be conducted.
"105.10 Burning permits. Burning permits will not be issued unless
both fire prevention and environmental control division approve the
material to be burned.
"(43}.(11) Section 108 of the international Fire Code is revised to read as
follows;
"SECTION 108
"MODIFICATION OF FIRE PREVENTION CODE
"108.1 Appointment. The city manager, the fire chief, and the fire
marshal, acting together, shall have the power to modify any
provision of the fire prevention code, upon application in writing by
the owner or lessee or their duly authorized agents, when there are
practical difficulties in the way of carrying out the strict letter of the
code; provided that the spirit of the code shall be observed, public
safety secured and substantial justice done. Such modification
shall only be applicable upon the unanimous approval of the city
manager, 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 be furnished to the applicant.
"108.2 Appeals.
"108.2.1 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 of this code have
been misconstrued or incorrectly interpreted, the owner of such
building or structure, or the owner's duly authorized agent, may
appeal the decision of the fire official to the city manager by filing
notice of appeal with the fire chief. Notice of appeal shall be in
writing and filed within 15 days after the decision is rendered by the
fire official.
"108.2.2 Unsafe or Dangerous Building. 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 or her order, limit
the time for such appeal to a shorter period.
"108.3 Decisions.
"108.3.1 Variances. The city manager, fire chief, and fire
marshal, collectively, when so appealed to and after a
hearing, may vary the application of any provision of this
code to any particular case, when, in its 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.
"108.3.2 Action. In every case, reach a decision without
unreasonable or unnecessary delay. Each 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 provision 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
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.
"108.4 Limitations on authority. An application for appeal shall be
based on a claim that the intent of this code or the rules legally
adopted thereunder have been incorrectly interpreted, the
provisions of this code do not fully apply, or an equivalent method
of protection or safety is proposed. The board shall have no
authority to waive requirements of this code.
"108.5 Administration. "The code official shall take action in
accordance with the decision of the board."
"(-1- 4) -(12) Section 109.3 of the International Fire Code is revised to read
as follows:
"109.3 Violation penalties. Persons who shall violate a provision of
this code or shall fail to comply with any of the requirements thereof
or who shall erect, install, alter, repair or do work in violation of the
approved construction documents or directive of the code official, or
of a permit or certificate used under provisions of this code, shall be
guilty of a misdemeanor punishable by a fine of not less than fifty
($50) dollars and not more than two thousand ($2,000) dollars
Each day that a violation continues after due notice has been
served shall be deemed a separate offense."
"(4,5)-(13) Section 110.1 of the international Fire Code is revised to read
as follows:
"110.1 General. 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."
"(46)-(14) Section 111.4 of the International Fire Code is revised to read
as follows:
"111.4 Failure to comply. Any person who shall continue any work
after having 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 Tess than fifty ($50.00)
dollars or more than two thousand ($2,000) dollars."
"(17) (15) Section 202 of the International Fire Code is revised by adding
definitions for the terms "condominium" and "dwellin• multi le unit" and
by adding the word "condominium" to the. R -2 occupancy classification in
this code, to read as follows:
*
"Condominium, A single - dwelling unit in a multiunit dwelling or
structure, that is separately owned and may be combined with an
undivided interest in the common areas and facilities of the
property.
"Dwelling, multiple unit. A building or portion thereof designed for
occupancy by three or more families living independently in which
they may or may not share common entrances and/or other
spaces. Individual dwelling units may be owned as condominiums,
or offered for rent.
*
"Occupancy classification. For the purposes of this code, certain
occupancies are defined as follows:
*
"R -2 Residential occupancies containing sleeping units or
more than two dwelling units where the occupants are
primarily permanent in nature, including:
"Condominiums"
* * *
"(16) Section 308.1.4 of the International Fire Code is revised to read as
follows:
"308.9.4 Open -flame cooking devices.
"No person shall install or operate a stove, oven, or barbecue pit,
whether portable, temporary or permanent, on the premises of
multi - family dwellings, apartments, condominiums, attached single
family or hotels, when such stove, oven or barbecue pit is located
less than ten (10) feet from any portion of a combustible building,
including but not limited to decks arches, balconies walls or
verandas. This section does not apply to one- family and two- family
dwellings or to a stove, oven or barbecue pit installed inside multi-
family dwellings, apartments, condominiums, attached single family
or hotels in accordance with the city building codes."
"(17) Sections 308.1.8 and 308.1.8.1 of the International Fire Code are
revised to read as follows:
"308.1.8 Flaming food and beverage preparation. The preparation
or serving of flaming beverages is prohibited. The preparation of
flaming foods in places of assembly and drinking or dining
establishments shall be in accordance with Sections 308.1.8.1
through 308.1.8.5.
"308,1.8.1 Dispensing. Flammable or combustible liquids
used in the preparation of flaming foods shall be dispensed
from one of the following:
1. A 1 -ounce (29.6m1) container; or
2. A container not exceeding 1 -quart (946.5m1)
capacity with a controlled pouring device that
will limit the flow to a 1-ounce (29.6m1)
serving."
*
"(18) Sections 316 and 317 318 and 319 are added to this code to read as
follows:
"SECTION -346 318
"CONVALESCENT HOMES, HOMES FOR
"THE AGED, AND NURSERIES
"316.1 318.1 Heating. Buildings occupied for the purposes of
convalescent homes, homes for the aged, and nurseries shaft have
central heating plants with installation so as to safeguard the
inherent fire hazard.
"316.2 318.2 Portable heaters. The use of portable heaters of any
kind is prohibited.
"318.3 Lighting. Lighting shall be restricted to electricity.
"SECTIONS 319
"COMMERCIAL LAUNDRIES
"317.1 319.1 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."
"(19) Section 503.1.1 of the International Fire Code is revised to read as
follows:
"503,1.1 Buildings and facilities. Approved fire apparatus access
roads shall be provided for every facility, building or portion of a
building hereafter constructed or moved into or within the
jurisdiction, The fire apparatus access road shall allow access to
three (3) sides of buildings in excess of fifteen thousand (15,000)
square feet and all sides for buildings in excess of thirty thousand
(30,000) square feet. 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 code official may
permit the installation of a fire - protection system or systems
in Iieu of a road, provided the system or systems are not
otherwise required by this or any other code.
"(20) Section 503.3 of the International Fire Code is revised to read as
follows:
"503.3 Marking. Where required by the fire code official, approved
signs or other approved notices that include the words NO
PARKING — FiRE LANE shall be provided for fire apparatus access
roads to identify such roads or identify such roads or prohibit the
obstruction thereof. The means by which fire lanes are
Signs or notices shall be maintained in a clean and legible condition
at all times and be replaced or repaired when necessary to provide
adequate visibility. Fire department access roadways designated
by the code 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 ground to the top of sign. in Iieu of signs, fire lanes
shai4 may 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. Exception: Universal
"No Parking" signs may be used in lieu of the above.
"(21) Section 503.4.1 is added to this code to read as follows;
"503.4.1 Authority for removal. The owner of premises at or upon
which a fire lane is required, or the agent of the owner, may have
any vehicle that is parked in the fire lane, except an authorized
emergency vehicle, removed and stored at the expense of the
owner or operator of the vehicle, and subject to removal by the fire
official, his or her designated assistants, or a police officer.
"(22) Section 508.5.1 507.5.1 of the International Fire Code is revised to
read as follows:
"508.5.1 Water supply. 507.5.1 Where required. All premises, other
than one - family and two - family detached dwellings, where buildings
or portions of buildings are located more than one hundred fifty
(150) feet from a fire hydrant shall be provided with approved on-
site fire hydrants and water mains capable of supplying the fire flow
required by the fire code official. The location and number of on-
site hydrants shall be as designated by the fire code official, with
the minimum arrangement being so as to have a hydrant available
for distribution of hose to any portion of any building on the
premises at distances not exceeding 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.
"(23) Section 508.5.7 Section 507.5.7 is added to this code to read as
follows:
"5-08,577-507.5.7 No parking near hydrant. No automobile, truck, or
other vehicle shall be parked closer than fifteen (15) feet to any fire
hydrant."
"(24) Section 603.4 Section 603.10 is added to this code to read as
follows:
"603.4 Portable Unvcnted Heaters 603.10 Portable Liquid Fuel
Burning Heaters. The sale or use of any type of portable liquid fuel
burning heater is prohibited. Construction sites and commercial
sites, where flammable or combustible vapors are not present are
exempt from this requirement with approval of the fire code official.
A permit shall be required for the use of portable liquid fuel burning
heaters. The sale or use of unvented fuel heaters 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 or combustion chamber.
"3. Listed by nationally recognized testing agency.
"(25) Section 907,1.1 of the International Fire Code is revised to read as
follows:
"907.1.1 Construction documents.
1. Construction documents for fire alarm systems shall be of
sufficient clarity to indicate the location nature and extent of
the work proposed and show in detail that it will conform to
the provisions of this code, the International Building Code,
and relevant laws, ordinances, rules and regulations, as
determined by the fire code official.
2. Construction documents for fire alarm systems shall be
submitted for review and approval prior to system
installation.
3. Two (2) complete sets of plans shall be provided to the
fire prevention bureau.
44. 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.
5. Any plans not drawn or submitted by a licensed planning
superintendent will not be accepted. Other- speoifie
not be limited to, all of the following:
"(26) Section 907.2,3 of the International Fire Code is revised to read as
follows:
"907.2.3 Group F. A manual fire alarm system shall be installed in
Group E occupancies. When automatic sprinkler systems or
smoke detectors are installed, such systems or detectors shall be
connected to the building fire alarm system. Smoke alarms shall be
installed in at 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
11
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 NFPA 72.
"(27) Section 907.2.24 is added to this code to read as follows:
"907.2.24 Cooking operations. 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.
- - = • " . ' - -.' - -- - - -- -- -
28 Section 912.2.3 is added to this code to read as follows:
• "992.2.3 Proximity to hydrant. Firedepartment connections from
each sprinkler or standpipe shall be located not more than 100 feet
(30 mrn from the nearest.firehydrant connected to an approved
water supply."
"(29) Section 2206.2.3 of the International Fire Code is revised and
amended by adding a new subdivision 5 to this code to read as follows:
"2206,2.3 Above- ground tanks located outside, above - grade.
"2. Above - ground tanks used for above -grade storage of
Class II or IIIA liquids are allowed to be protected above-
ground tanks or, when approved by the fire code official
other above - ground tanks that comply with Chapter 34.
Tank locations shall be in accordance with Table 2206.2.3,
but may only be located within a light and heavy industrial
zoning districts.
"3. Tanks containing fuels may not exceed-670-00- 10 000
gallons in individual capacity or0 30,000 gallons in
aggregate capacity. Installations with the maximum
allowable aggregate capacity shall be separated from other
such installations by not less than 100 feet (30 480 mm).
"5. Aboveground tanks storing Class], 11, or WA liquids
shall be inspected annually by a company holding a Type A
license issued by the Texas Commission on Environmental
Quality. Any tank found to be damaged or not installed in
accordance with its listing or this code shall be immediately
reported to the fire code official."
"(30) Section 3301.2.4 of the International Fire Code is revised to read as
follows:
"3301.2.4 Financial responsibility. Before a permit is issued, as
required by Section 3301.2, the applicant shall file with the
jurisdiction a corporate surety bond in an amount deemed adequate
by the fire code official or a public liability insurance policy for the
same amount, for the purpose of the payment of all damages to
persons or property which arise from, or are caused by, the conduct
of any act authorized by the permit upon which any judicial
judgment results, The fire code official is authorized to specify a
greater or lesser amount when, in his or her opinion, conditions at
the location of use indicate a greater or lesser amount is required,
Government entities shall be exempt from this bond requirement.
"(31) Section 3308.5 of the International Fire Code is revised to read as
follows:
"3308.5 Storage of fireworks 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 approved
by the fire code official. At no time shall the amount of explosive
compound exceed the amount necessary for one (1) show date
consumption.
fireworks or any description except as provided in this code. The
"(33) Sections 3308.12- 3308.17 are added to read as follows:
times.
"(34)-(32) Section -3304 3310 is added to this code to read as follows;
"SECTION-3-3493310
"INDOOR FIRE WORKS SPECIAL EFFECTS
"3309.1 3310.1 Indoor Permit
"33094- 3310.1.1 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.
"3309.1.2 3310.1.2 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,
"3309.1.3 3310.1.3 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.
"3309.1.4 3310.1.4 No permit shall be issued until the show setup
is approved by the fire official or his or her designee prior to the first
show.
"3309.1.5 3310.1.5 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.
"3309.2 3310.2 Location and Amount
"3309.2.1 3310.2.1 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.
"3309.2.2 3310.2.2 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.
"3309.2.3- 3310.2.3 The pyrotechnic operator shall be licensed by
the State of Texas as required by the Fireworks Rules of the State
of Texas.
"3309.2.4 3310.2.4 A public display permit shall also be obtained as
required by the Fireworks Rules of the State of Texas,"
"(33) Section 3311 is added to this code to read as follows:
"SECTION 3311
CONSUMER FIREWORKS
"3311.1 Restricted Use. 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, delivery 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 consumer 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.,b, 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.
"3311.2 Removal and Disposal. The presence of any consumer
fireworks within the city or within five thousand (5,000) feet of the
city limits, except fireworks for a public display authorized by the
Fire Official, is declared to be a common and public nuisance and
detrimental to the ublic health safet and eneral welfare and
constitutes a violation of this Code. The fire official is directed and
required to seize and cause to be safely destroyed any consumer
fireworks found within the city or in violation of the other provisions
of this fire prevention code. Any member of the fire department of
the city or an any police officer is empowered to seize any consumer
fireworks found - within the city or within five thousand (5,000) feet of
the city limits in violation of this article and cause the consumer
fireworks to be safely destroyed_
"3311.3 Definition. Consumer fireworks means and includes an
combustible or explosive composition, or any substance or
combination of substances, or device prepared for the purpose of
producing a visible or an audible effect by combustion, explosion,
defla ration or detonation and shall include blank cartridges, toy
istols, to cannons. toy canes, or to guns in which explosives are
used firecrackers, torpedoes, pop pops (such as: pop taps, pow
wow, fun snaps, or similar explosive devices which can be
rojected tossed thrown or dro ed sk rockets roman candles
daygo bombs, sparklers, or other devices of like construction and
any devices containing any explosive or flammable compound, or
any tablet or other device containing an explosive substance that
e not fire orks a.. . -d f use - . -... -d f' works is
under Section 3308., except that the term "consumer fireworks"
shall not include any auto flares, paper caps which contain twenty=
five hundredths (0.25) of a drain of explosive content or less per
cap and are used with 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.
"3311.4 A licabilit . The rovisions of this section a I 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.
"3311.5 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 consumer 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
consumer fireworks, but it shall not be necessary to obtain any
such injunctive relief as a prerequisite to such seizure or
destruction.
"3319.6 Defense in rosecutian. In an rosecution for an
violation of this cha ter it shall not be necessa 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
perm it.
"3391, 7 Penalty. 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 lace use dischar a cause to be dischar ed i nite
detonate, fire or otherwise set in action or has in his possession or
on his person or under his control any consumer 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 •
IF
consumer fireworks are separately wrapped or packaged, any act
required by this chapter involving each separately wrapped or
packaged consumer fireworks constitutes a separate offense.
Each day that a violation of this chapter shall continue with respect
to any package of consumer fireworks shall constitute a separate
offense."
4 ■
"(36)-(34) Section 3405.3.3 of the International Fire Code is revised to
read as follows:
"3405.3.3 Heating, lighting and cooking appliances. Heating,
fighting and cooking appliances which utilize Class I liquids may not
. be operated within a building or structure.
11
"(37)435) Section 3801.1 of the International Fire Code is revised to read
as follows:
"3801.1 Scope. Storage, handling and transportation of LP -gas
and the installation of LP-gas equipment pertinent to systems for
such uses shall comply with this chapter and NFPA 58. Properties
of LP -gases shall be determined in accordance with Appendix B of
NFPA 58. The transportation, storage, handling and use of
liquefied petroleum gas and the installation and maintenance of all
pertinent equipment is subject to the approval of the fire official.
"(38) (36) Section 3803.1 of the International Fire Code is revised to read
as follows:
"3803.1 General. Liquefied petroleum gas 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 regulations legally in effect.
"3803.1.1 Within the limits of 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:
"3803.1.1.1 Installations accessory to service stations as permitted
by the zoning ordinance, when the aggregate capacity of any one
(1) installation does not exceed two thousand (2,000) gallons of
water capacity.
"3803.1.1.2 Installations accessory to industrial uses permitted in
areas zoned industrial, when the aggregate capacity of any one
such installation does not exceed two thousand (2,000) gallons of
water capacity, except that in particular installations this capacity
limit may be altered at the discretion of the Fire Official 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 of buildings, capacity of proposed tanks, degree of private
fire protection to be provided, and facilities of the local fire
department.
"3803.1.1.3 Installations in
a heavy industry zoning district.
e
"3803.1.1.4 The restrictions in Section 3S03.1.1e do not apply to
containers used for transportation purposes.
"3803.1.1.5 Containers larger than Gil 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 of the Director, Liquefied
Petroleum Gas Division, Railroad Commission of Texas.
"(39) (37) Section 3804.4 of the International Fire Code is revised to read
as follows:
"3804.4 Multiple container installation. Multiple container
installations in . - - _ _ - . fl . " a heavy industry
• zoning district with a total storage water capacity of more than
180,000 gallons (681 300 L) [150,000 - gallon (567 750 L) LP -gas
capacity] shall be subdivided into groups containing not more than
180,000 gallons (681 300 L) 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 feet (15
240 mm), unless the containers are protected in accordance with all
of the following one (1) through four (4) or five (5):
"(c) Appendices: Appendix A, Board of Appeals; Appendix B, Fire -Flow
Requirements for Buildings; Appendix C, Fire Hydrant Locations and
Distribution; Appendix D, Fire Apparatus Access Roads; Appendix E, Hazard
Categories; Appendix F, Hazard Ranking; Appendix G, Cryogenic Fluids -
VVeight and Volume Equivalents of the International Fire Code are solely for the
purpose of providing information, recommended practices, and to clarify technical
issues and may not have the force and effect of law.
"(d) Violation of this code: Any person, firm, or corporation who violates a
provision of this code is guilty of a misdemeanor and 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 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 where 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. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 18 -1(d), Code of
Ordinances.
Section 3. If for any reason any section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance shall be held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite
intent of this City Council that every section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance be given full force and effect for its purpose.
Section 4. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
That the foregoing orillpiarice was
reading on this the ay of
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
ead for the firs time and passed to its second
! 0j'3by the following vote:
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
That tlAforp.going ordin.: nce was read for a se and time and passed finally on this
the ( p orby of ' ,/! ( by the following vote:
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
PASSED AND APPROVED, this theth day of
ATTEST:
ir)h\--bre-0,75L--
Armando Chapa
City Secretary
EFFE TIV DATE
3
Nelda Martinez
Mayor
O ?9748
State of Texas
Couryf Nueces
FINANCE: 11 .1: 6
13 pm 6;40
}
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
Ad# 164133
PO#
Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who
being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND
EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller - Times, a daily newspaper
published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Du-
val, Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio counties, and that the
publication of NOTICE OF PASSAGE OF ORD. NO. 029748 which the annexed is a true copy, was
inserted in the Corpus Christi Caller -Times on:
CC- Corpus Christi Caller -Times
CC- Internet - caller.com
On this 10 day of
copy made by publisher.
03/04/13 Mon
0311.4713 Mon
LEGAL SALES REPRESENTATIVE
, 20 1 I certify that the attached document is a true and exact
SYL.VIA P. PEREZ
�," MY COMMISSION EXPIRES
February 27, 2017
Public, State of Texas
CALLER -TIMES ! March 4, 2013 I 3
fig r, { „,..,.
NOTICE OF PASSAGE OF
ORO NO. 029748
Ordinance adopting the Inter-
national Fire Code, 2009
Edition, with local amend-
m
il
ents, as the Fire Code of
the •City. of Corpus Christi;
providing for penalties; pro-
viding for severance. This
ordinance takes effect on
March 4, s/ 2013. Armando Ar ; I
mando Chapa
City Secretary