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HomeMy WebLinkAbout1998-401ORDINANCE NO.1�1 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR THE ADOPTION OF THE UNIFORM FIRE CODE, 1997 EDITION, PROVIDING FOR AMENDMENTS THERETO, RE- ESTABLISHING PERMIT FEES, PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000 FOR VIOLATIONS THEREOF PROVIDING FOR A SEVERABILITY CLAUSE REPEALING ALL ORDINANCES IN CONFLICT THEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That Article I of Chapter 29 of the Code of Ordinances is amended to read as follows ARTICLE I. GENERAL PROVISIONS Section 29-1. Uniform Fire Code -- Adopted. There is hereby adopted by the City of Denton, Texas for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, that certain Codes and Standards known as the Uniform Fire Code, including Appendices I-C, II -A, II-B, II-C, II-D, II-E, II-F, II-G, II-H II -I, III -A, III-B, III-C, III-D, IV -A, IV-B, V-A, VI-B, and VI-E, and the Uniform Fire Code Standards, published by the International Fire Code Institute and International Conference of Building Officials, being particularly the 1997 editions thereof and whole thereof, save and except such portions as are hereinafter deleted, modified or amended by Section 29-2 of this ordinance A copy of said Fire Code and Standards is now filed in the office of the City Secretary, and is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Denton and within 5,000 feet thereof, where specified therein Section 29-2 Amendments. The Uniform Fire Code, as adopted in Section 29-1, is hereby amended as follows A By the amendment of the Uniform Fire Code as follows 1 Section 1015, entitled Liability, is amended by adding a third paragraph to read as follows All regulations provided in this Code are hereby declared to be governmental and for the benefit of the general public Any member of the City Council, any city official or employee, or any member of the Building Code Board charged with the enforcement if this code, acting for the City in the discharge of his duties, shall not thereby render himself personally liable, and he is hereby relieved from all personal Lability for any damage that may occur to persons or property as a result of any action required or permitted in the discharge of his duties Any suit brought against such official or employee because of such act performed by him in the enforcement of any provisions of this Code shall be represented by the City of Denton through its designated attorney until the final adjudication of the proceedings 2 Section 103 14, entitled Appeals, is amended to read as follows 103.1.4 Board of Appeals. In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the provisions of this code, the Building Code Board as created and organized under Chapter 28 of the Code of Ordinances shall pass upon all pertinent matters Whenever the Fire Marshal disapproves and application or refuses a permit applied for, or whenever it is claimed that the provisions of the Code do not apply or that the true intent or meaning of the Code have been wrongly misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Marshal to said Board within thirty (30) days from the date of the decision appealed In addition to such Board, the Fire Marshal may request that additional members be appointed for specific rulings or interpretations Such members shall be voting, ex- officio members and appointed by the Chairman of the Building Code Board to assist in the determination and/or ruling of a specific issue or case Such appointments shall be temporary until the ruling is rendered No more than two (2) members shall be appointed, each having experience in the matter of question The board shall adopt reasonable rules and regulations for conducting this investigation and shall render all decisions and finding in writing to the Fire Marshal with duplicate copy to the appellant and may recommend to the City Council such legislation as is consistent therewith 3 Section 103 4 5, entitled Inspections and Unsafe Buildings is amended by changing the last sentence to read as follows All such unsafe buildings are hereby declared to be public nuisances and shall be altered by repair, rehabilitation, demolition or removal in accordance with the procedures specified in the Minimum Housing and Building Standards contained within Chapter 28 of the Code of Ordinances of the City of Denton, Texas 4 Section 103 4 4, entitled Citations, is amended to read as follows 103.4.4 Citations. Any person operating or maintaining any occupancy, premises or vehicle subject to this Code who shall permit any fire hazard to exist on the premises under their control or who shall fail to take immediate action to abate a fire hazard when ordered or notified to do so by the Chief or his duly authorized representative shall be guilty of a separate offense for each and every day or portion thereof which any violation of any of the provisions of this Code is committed or continued A person convicted of violation of any provision of this Code shall be guilty of an offense punishable by a fine not to exceed two thousand dollars ($2,000) 5 Section 105 8, entitled Permit Requirement, is amended to read as follows 105.8Permit Required. A permit shall be obtained from the Fire Marshal prior to engaging in the following activities, operations, practices or functions a.l. Automatic Fire Alarm Systems, Automatic Fire Extinguishing Systems and StandPipe Systems. To install, construct, modify or alter any automatic fire alarm system, automatic fire extinguishing system or stand pipe system, provided however that the permit required herein shall not apply to the installation of single -station smoke detectors in R-1 and R-3 occupancies a.2. Aircraft Refueling Vehicles To operate aircraft refueling vehicles See Article 24 b.l. Bowling pm or alley refinishing. To conduct a bowling pin refinishing or bowling alley resurfacing operation involving the use and application of flammable liquids or materials See Article 26 c.l. Candles and open flames in assembly occupancies To use open flames or candles in connection with assembly areas, dining areas of restaurants or drinking establishments For definition of Assembly see Article 2 See Article 25 for open flames and candles c.2. Carnivals and fairs. To conduct a carnival or fair See Article 25 The Fire Marshal is authorized to require plans of the grounds to be submitted e.l. Explosives and blasting agents For permits for explosives or blasting agents, see Article 77 El. Fire hydrants and water -control valves. To use a fire hydrant to operate a water -control valve intended for fire suppression purposes, see Article 78 U. Fireworks. For permits for fireworks, see Article 78 0. Flammable or combustible liquids. See Article 79 To use or operate, repair or modify a pipeline for the transportation of flammable or combustible liquids To store, use or handle Class I liquids in excess of 5 gallons or in a building or in excess of 10 gallons outside of building, except that a permit is not required for the following 2 1 The storage or use of Class I liquids in the fuel tank of motor vehicles, aircraft, motorboats, mobile power plants or mobile heating equipment, unless such storage, in the opinion of the Fire Marshal, would cause an unsafe condition 2 2 The storage or the use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes for a period of not more than 30 days To store, handle or use Class II or Class III -A liquids in excess of 25 gallons in a building or in excess of 60 gallons outside of a building, except for fuel oil used in connection with oil -burning equipment To remove Class I or II liquids from an underground storage tank used for fueling motor vehicles by any means other than approved, stationary on -site pumps normally used for dispensing purposes To install, construct, alter or operate 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 To install, alter, remove, abandon, place temporarily out of service or otherwise dispose of flammable or combustible liquids To change the type of contents stored in a flammable or combustible liquid tank to a material other than that for which the tank was designed and constructed h.l. Hazardous materials. To store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed in table 105-C or to install, repair, abandon, remove, place temporarily out of service, close or substantially modify a storage facility or other area regulated by Article 80 when the hazardous materials in use or storage exceed the amounts listed in Table 105 C h.2. High -piled combustible stock To use any building or portion thereof exceeding 500 square feet for high -piled combustible storage A floor plan showing the dimension and location of stockpiles and aisles shall be submitted with the applications for such permits See Article 81 U. Hazardous production materials. To store, handle or use hazardous production material in a group H, Division 6 Occupancy See Article 51 1.2. Liquid -or gas -fueled vehicles or equipment in assembly buildings. To display, compete or demonstrate liquid -or gas -fueled vehicles in assembly buildings See Article 25 m.2. Mall, covered. See Article 35 To use a covered mall in the following manner A Placing or constructing temporary kiosks, display booths, concession equipment or the like in the covered mall B To use a mall as a place of assembly C To use open -flame or flame -producing appliances D To display a liquid -or gas -fueled equipment o.l. Open burning. To conduct open burning Where burning is conducted on public property or the property of someone other than the permit applicant, the permit applicant shall demonstrate that permission has been obtained from each appropriate government agency, as well as the owner or the owner's authorized agent When limits for atmospheric conditions or hours restrict burning, such limits shall be designated in the permit restrictions See section 1102 3 p.l. Pyrotechnical special effects material. For permits for pyrotechnical special effects material, see Article 78 s.l. Spraying or dipping. To conduct a spraying or dipping operation utilizing flammable or combustible liquids or the application of combustible powders by Article 45 r.l. Radioactive materials. To store or handle at any installation more than 1 microcune (37000 becquerel) of radioactive material not contained in a sealed source or more than 1 milltourie (37000000 becquerrel) of radioactive material in a sealed source or sources, or any amount of radioactive material for which a specific license from the Nuclear Regulatory Commission is required See Article 80 U. Tents, canopies and temporary membrane structures. To erect or operate a tent or air supported membrane structure having an area in excess of 200 square feet, or canopy in excess of 400 square feet, except for structures used exclusively for camping See Article 32 6 Sections 203, 204, 207 and 211 are amended to change the definitions of Fire Prevention Bureau, Chief, and jurisdiction amended to read as follows all other definitions are to remain unchanged Bureau of Fire Prevention is the Office of the City Fire Marshal Chief is the City Fire Marshal Fire Department is the City of Denton Fire Department Jurisdiction is the City of Denton, Texas 7 Section 902, entitled Fire Apparatus Access, is amended to read as follows 902 — Fire Department Access 902.1 general. Fire apparatus access roads shall be constructed in accordance with the provisions of Article V of Chapter 11 of the Code of Ordinances (the remainder of section 902 is deleted) Section 1003 2, entitled Required Installations of Automatic Fire Extinguishing Systems, is amended to read as follows 1003.211equired Installations of Automatic Fire Extinguishing Systems An automatic fire -extinguishing system shall be installed and maintained in each occupancy as required by the provisions of section 904 of the Uniform Building Code, as contained within division I of Article II of Chapter 28 of the Code of Ordinances Section 1003 2 1, entitled General is amended by adding the following An automatic sprinkler system shall be installed in all new buildings of noncombustible construction, (type I & II) which exceed three stones in height or which have more than ten thousand (10,000) square feet of floor area 2 An automatic sprinkler system shall be installed in all new buildings of combustible construction, (Type III, IV & V) which exceed three stones in height or which have more than seven thousand five hundred (7,500) square feet of floor area The owner(s) of any building shall be required to install an automatic sprinkler system at such time as the owner(s) constructs an addition or enlargement to the building if the total square footage of such addition, when combined with the total square footage of all previous additions and enlargements to the building, exceeds ten thousand (10,000) square feet of the total floor area, and when the total square footage of all such additions exceeds by more than twenty-five (25) percent of the original floor area 4 Automatic fire extinguishing systems shall be installed in Group H, Division 5 and Group S, Division 5 Aircraft Hangars in accordance with N F P A Standard 409, latest edition 10 Section 1003 1 1 entitled General is amended by adding the following 1 All persons wishing to install automatic sprinkler or standpipe systems within the city limits of the City of Denton shall furnish proof to the Fire Marshal prior to the beginning of any work that the such persons meet or exceed all state and local requirements for sprinkler installers 2 At least two (2) sets of sprinkler system working drawings shall be submitted to the Fire Marshal for the approval process before any building construction make commence beyond construction of foundation and associated under ground plumbing and electrical installations 3 In regard to sprinkler systems, a temporary certificate of occupancy may be issued if the fire extinguishing system is operational and has been approved by the Fire Marshal A permanent certificate of occupancy shall be issued only after at least two (2) sets of as built drawings and hydraulic calculations are submitted to and approved by the Fire Marshal 4 A representative of the Fire Department shall witness all pressure tests of the systems The contractors responsible managing employee or designee must be present at all acceptance tests 5 No alterations to systems or buildings having approved systems shall be made prior to submittal and approval of plans for such alterations and additions 6 All riser control valves shall be locked in the open position and shall be maintained at all times in a locked open position unless otherwise approved by the Fire Marshal 11 Section 1003 12 amend the first sentence to read as follows 1003.1.2 Standards. Fire —extinguishing systems shall comply with N F P A Standard 13, latest edition 12 Section 1003 1 3 is amended to read as follows 1003.1.3 Modifications. When residential sprinkler systems as set forth in the Building Code (N F P A Standard 13R) are provided , exceptions to, or reductions in, Budding Code requirements based on the installation of an automatic fire -extinguishing systems are not allowed 13 Section 1003 2 6 3 amend the second sentence to read as follows 1003.2.6.3 Group H, Division 6 Occupancies. The design of the sprinkler system shall not be less than that required under N F P A Standard 13 latest edition, for the occupancy hazard classification as follows, 14 Section 1103 3 2 amend the fourth sentence as follows 1003.3.2 Alarms. (See N F P A Standard 13 latest edition) 15 Section 1004 12 amend to read as follows 1004.1.2 Standards Standpipe systems shall comply with N F P A Standard 14 latest edition 16 Section 1102 4 2 amend by adding the sentence 1102.4.2 Barbecue pits/grills outside of buildings shall not be located within ten (10) feet of combustible walls or roofs or other combustible materials 17 Section 1007 2 2 2, entitled System initiation in Group A Occupancies with an occupant load of one thousand or more, is amended to read as follows 1007.2.2.2 System initiation in Group A Occupancies with an occupancy load of three hundred (300) or more Activation of the fire alarm in Group A Occupancies with an occupancy load of three hundred (300) or more shall immediately initiate an approved prerecorded message announcement using an approved voice communication system in accordance with UFC Standard 10-2 that is audible above the ambient noise level of the occupancy EXCEPTION: When approved, the prerecorded announcement is allowed to be manually deactivated for a period of time, not to exceed three (3) minutes, for the sole purpose of allowing a live voice announcement from an approved, constantly approved station 18 Section 7701 7 2, entitled Limits Established by law, to read as follows 7701.7.2 Limits established by law. Explosive materials shall not be stored within the city limits of the City of Denton or within its extraterritorial jurisdiction 19 Section 7802 3, entitled prohibition, is amended to read as follows 7802.3 Prohibition. Except as provided otherwise herein, no person shall posses, store, offer for sale, expose for sale, sale at retail manufacturer or use or explode any fireworks within the city limits or within five thousand (5,000) feet thereof EXCEPTION• A person may make use of fireworks for the purpose of a public fireworks display upon the issuance of, and in accordance with, a permit issued for such display pursuant to the provisions of article 5 43 of the Texas Insurance Code, as amended 20 Section 7902 l,entitled General is amended to include the following 7902.1 General. Storage of Class I and II liquids in aboveground tanks outside of buildings is prohibited outside the limits of land use districts designated as Agriculture, Light Industrial , Heavy Industrial or Planned Development, as identified in Chapter 35 of the Code of Ordinances of the City of Denton, Texas 21 Section 8204 2, entitled Maximum Capacity within Established Limits, is amended to read as follows 8204.2 Maximum Capacity within Established Limits Within the limits of land use districts designated as Agricultural, Light Industrial, Heavy Industrial or Planned Development, as identified in Chapter 35 Code of Ordinances of the City of Denton, Texas, the aggregate quantity of LP -Gas shall not exceed 150,000 gallons of LP -Gas (180,000 gallons of water capacity) The aggregate storage capacity of LP -Gas outside of these limits shall not exceed 2,000 gallons water capacity B By the creation of the following new sections 1 Section 103 3 13, entitled Frequency of Inspection, is created to read as follows 103.3.1.3 Frequency of Inspection All owners of, occupants of, tenants of, lessees of or persons making use of any building or premises, or portions thereof, when used as nonresidential group occupancies, including hotels, lodging houses and congregate residences, as defined by the Building Code are required to have such buildings, premises or portions thereof inspected annually by the Fire Marshal or his designated representative Additionally, the Fire Marshal may initiate such inspections at such other times as he deems appropriate to satisfy the purposes of this ordinance, and may additionally inspect all other premises as may be necessary, including such other potential hazards or appliances as the Chief may designate, for the purpose of ascertaining and causing to be corrected any condition which would reasonably tend to cause a fire or contribute to its spread, or which may constitute a violation of this ordinance or any other law or standard affecting fire safety Section 106, entitled Fire Inspection and Permit Fees, is created to read as follows SECTION 106 — FIRE INSPECTION AND PERMIT FEES 106.1. Inspection Fees. Each inspection performed pursuant to Section 103 3 13 of this code, as amended, shall be performed free of charge If the Fire Marshal or his designee observes a violation of this chapter and performs a follow-up (re -inspection) inspection to determine whether a violation or violations observed during the previous inspection have been corrected, a fee shall be charged, and the occupant or lessee shall pay said fee within 30 days of being billed therefor as condition to continue lawful occupancy of the building of dwelling to be inspected Said fee shall be based upon the amount of interior area of the building leased, occupied or used by the person The fee shall be in the amount established, and from time to time amended, by ordinance of City Council, a copy of which shall be kept on file with the City Secretary Follow-up inspection fees for common areas of such buildings or premises shall be charged to and paid by the owner in accordance with the area inspected 106.2.Permit and Permit Fees. Any permit required by Section 105 8 of the Code, as amended herein, shall be issued only upon payment of a permit fee in an amount established, and as from time to time amended, by ordinance of the City Council, a copy of which shall be kept on file with the City Secretary C By the deletion of the following sections in their entirety 1 Sec 103 2 2, Fire Prevention Bureau 2 Sec 103 2 2 1, Fire Prevention Engineer or Fire Marshal 3 Sec 103 2 2 2, Fire Marshal SECTION II. Any person who violates a provision of this ordinance shall be guilty of a misdemeanor punishable by a fine not exceeding Two Thousand Dollars ($2,000) Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above SECTION II. That the fees provided for in section 106 of the Code adopted by this ordinance, originally adopted with the enactment of Ordinance No 87-196, shall be as follows 1 Building Fire Safety Follow -Up (re -inspection) Inspection fees provided for in Section 106 Intenor Square Footage Fee 1 to 3,000 $ 1500 over 3,000 to 6,000 $ 25 00 over 6,000 to 12,000 $ 35 00 over 12,000 to 18,000 $ 45 00 over 18,000 to 24,000 $ 55 00 over 24,000 to 100,000 $ 65 00 over 100,000 $100 00 If a second follow-up (re -inspection) is required because the violation has not been corrected, the following fees shall be charged 1 to 3,000 $ 30 00 over 3,000 to6,000 $ 50 00 over 6,000 to 12,000 $ 70 00 over 12,000 to 18,000 $ 90 00 over 18,000 to 24,000 $110 00 over 24,000 to 100,000 $130 00 over 100,000 $200 00 2 The fee for any permit required under Section 105 of the Fire Code, as amended, shall be $100 00 per permit a There shall be paid a fee of $200 00 for the following permits 1 Any alteration to an existing tank (combustible or flammable) 2 Outdoor burning, per day 3 Combustible or flammable liquid tank storage installation 4 Combustible or flammable liquid piping installation 5 Removal of combustible or flammable liquid tank and or piping b There shall be paid a fee of $100 00 for the following 1 Permit to install an automatic extinguishing (hood) system 2 Acceptance inspection of automatic fire sprinkler (overhead) system 3 Acceptance inspection of automatic fire sprinkler (underground piping fire line) 4 Inspection of private fire lines and hydrants 5 Acceptance inspection of fire alarm systems A fee of $25 00 shall be assessed for each annual inspection of automatic extinguishing systems (hood systems) automatic fire suppression systems, and fire alarm systems This fee shall be payable by the owner or occupant d The permit fee for a temporary sales or display booth in covered malls shall be $25 00 SECTION IV. If any section, subsection, paragraph, sentence, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity SECLION V. That the repeal of any ordinance or any portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect, but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed shall remain in force SECLION VI. That his ordinance shall become effective fourteen (14) days from the date of this passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of its passage PASSED AND APPROVED this the la day of % 1998 JAC LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY 6 -O — / ( "L F \shared\deptWL\Our Dacumein8\Ordlnances\98Two Code Revision Ordinance doc