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1998-401 ORDINANCE NO. ~f~/ 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 L 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, HI-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 heremai~er deleted, modified or amended by Section 29-2 of this ordinance A copy of said Fire Code and Standards is now filed m the office of the City Secretary, and Is hereby adopted and incorporated as fully as if set out at length herein, at~d from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Danton and within 5,000 feet thereof, where specified there~n Section 29-2 Amendments. The Uniform Fire Code, as adopted m Section 29-1, is hereby amended as follows A By the amendment of the Uniform Fire Code as follows 1 Section 101 5, 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 pubhc Any member of the City Council, any city officml or employee, or any member of the Bmldmg Code Board charged with the enforcement if this code, acting for the City m the discharge of his duties, shall not thereby render himself personally liable, and he is hereby rehcved from all personal hab~hty 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 officml or employee because of such act performed by him m the enforcement of any provisions of this Code shall be represented by the City of Denton through its designated attorney untd the final adjudtcat~on of the proceedtngs 2 Section 103 1 4, entitled Appeals, is amended to read as follows 103.1.4 Board of Appeals. In order to determine the suitab~hty of alternate materials and types of construction and to prowde for reasonable interpretations of the prov~s~ons of this code, the Budding Code Board as created and organized under Chapter 28 of the Code of Ordinances shall pass upon all pertinent matters Whenever the F~re Marshal d~sapproves and application or refuses a permit apphed 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 apphcant may appeal from the deciston of the Ftre Marshal to sa~d Board w~thm thirty (30) days from the date of the decision appealed In addition to such Board, the F~re Marshal may request that add~tional 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 m writing to the Fire Marshal with duplicate copy to the appellant and may recommend to the City Council such legislation as is consistent therewnh 3 Section 103 4 5, entttled Inspections and Unsafe Buildings is amended by changing the last sentence to read as follows All such unsafe braidings are hereby declared to be public nuisances and shall be altered by repatr, rehab~htatlon, demolition or removal m accordance with the procedures specified tn the Minimum Housing and Budding Standards contatned w~thm Chapter 28 of the Code of Ordinances of the City of Denton, Texas 4 Section 103 4 4, entitled C~tatlons, ts amended to read as follows 103.4.4 C~tat~ons. Any person operating or maintaining any occupancy, premises or vehicle subject to th~s Code who shall permit any fire hazard to exist on the premises under their control or who shall fall to take immediate action to abate a fire hazard when ordered or not~fied 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 violat~on of any of the prowsions of this Code is committed or continued A person convicted of violatmon of any provmsion of thins Code shall be guilty of an offense pumshable by a fine not to exceed two thousand dollars ($2,000) 5 Section 105 8, entmtled Permmt Reqmrement, ms amended to read as follows 105.SPermit Required. A permmt shall be obtained from the Fire Marshal prior to engaging mn the following activities, operatmons, practices or functions a.1. Automatic F~re Alarm Systems, Automatic Fire Extinguishing Systems and StandPipe Systems. To install, construct, modmfy or alter any automatmc fire alarm system, automatmc fire extmngulshmg system or stand pmpe system, provided however that the permit required herein shall not apply to the installatmon of single-station smoke detectors mn R-1 and R-3 occupancmes a.2. Aircraft Refueling Vehicles To operate a~rcrafl refueling vehicles See Artmcle 24 b.1. Bowling pm or alley refinishing. To conduct a bowhng pm refimshmng or bowhng alley resurfacmng operation revolving the use and application of flammable hqumds or materials See Artmcle 26 c. 1. Candles and open flames in assembly occupancies To use open flames or candles mn connection wroth assembly areas, dmmg areas of restaurants or drinking estabhshments For defimtmon of Assembly see Article 2 See Artmcle 25 for open flames and candles c.2. Carnivals and fairs. To conduct a carmval or famr See Artmcle 25 The Fmre Marshal ms authorized to requmre plans of the grounds to be submitted e. 1. Explosives and blasting agents For permmts for explosives or blasting agents, see Artmcle 77 f. 1. F~re hydrants and water-control valves. To use a fire hydrant to operate a water-control valve intended for fire suppressmon purposes, see Artmcle 78 f.2. F~reworks. For permmts for fireworks, see Artmcle 78 f.3. Flammable or combustible bqmds. See Artmcle 79 1 To use or operate, repair or modmfy a pmpehne for the transportation of flammable or combustmble bqmds 2 To store, use or handle Class I liquids mn excess of 5 gallons or mn a building or mn excess of 10 gallons outside of building, except that a permmt ms not required for the following 2 1 The storage or use of Class I bqmds mn the fuel tank of motor vehicles, amrcraft, 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 3 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 od-burning equipment 4 To remove Class I or li 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 5 To install, construct, alter or operate tank vehicles equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries distilleries and similar faedities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used 6 To install, alter, remove, abandon, place temporarily out of service or otherwise dispose of flammable or combustible llqmds 7 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.1. Hazardous materials. To store, transport on site, dispense, use or handle hazardous materials m 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 ~n Table 105 C h.2. Itigh-pded combustible stock To use any building or portion thereof exceeding 500 square feet for high-piled combustible storage A floor plan showing the d~mens~on and location of stockpiles and aisles shall be submitted with the apphcations for such permits See Article 81 h.3. Hazardous production materials. To store, handle or use hazardous production material in a group H, Dlwsion 6 Occupancy See Article 51 n.2. Liqmd-or gas-fueled vehicles or equipment in assembly buildings. To display, compete or demonstrate hqmd-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 hquld-or gas-fueled equipment o.1. Open burning. To conduct open burmng Where burning is conducted on pubhc property or the property of someone other than the permit appheant, the permit apphcant shall demonstrate that permission has been obtained from each appropriate government agency, as well as the owner or the owner's authorized agent When hmlts for atmospheric conditions or hours restrict burning, such hmtts shall be designated m the permit restrictions See section 1102 3 p.l. Pyrotechnical specml effects material. For permtts for pyrotechnical special effects material, see Article 78 s.l. Spraying or d~ppmg. To conduct a spraying or dtppmg operation utilizing flammable or combustible hqu~ds or the apphcatJon of combustible powders by Article 45 r. 1. Radioactive materials. To store or handle at any installation more than 1 mlcrocune (37000 becquerel) of radioactive material not contained in a sealed source or more than 1 mflhcune (37000000 becquerrel) of radioact~ve material m a sealed source or sources, or any amount of radioactive material for which a specific license from the Nuclear Regulatory Commission ~s reqmred See Article 8O t. 1. Tents, canopies and temporary membrane structures. To erect or operate a tent or air supported membrane structure having an area tn excess of 200 square feet, or canopy in excess of 400 square feet, except for structures used exclusively for camping See A_tt~cle 32 6 Sections 203, 204, 207 and 211 are amended to change the definitions of Fire Prevention Bureau, Chief, and junsdicuon 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 F~re Marshal Fire Department is the City of Denton Fire Department Jurasdaetaon is the City of Denton, Texas 7 Section 902, entitled F~re Apparatus Access, ~s amended to read as follows 902 - Fire Department Access 902.1 general. Fire apparatus access roads shall be constructed ~n accordance with the provisions of Article V of Chapter 11 of the Code of Ordinances (the remainder of section 902 is deleted) 8 Section 1003 2, entitled Required Installations of Automatic Ftre Extinguishing Systems, is amended to read as follows 1003.2Required Installations of Automatic Fire Extlngmsh~ng Systems An automatic flre-extmgmshlng 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 dlvtslon I of Article II of Chapter 28 of the Code of Ordinances 9 Section 1003 2 1, entitled General ts amended by adding the following 1 An automatic sprinkler system shall be installed in all new buildings of noncombustible construction, (type I & II) which exceed three stones m 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 m height or which have more than seven thousand five hundred (7,500) square fec~ of floor area 3 The owner(s) of any building shall be required to install an automatic spnnkler 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 add~tions exceeds by more than twenty-five (25) percent of the original floor area 4 Automatic fire extmgmshlng systems shall be installed m Group H, Division 5 and Group S, Diwsion 5 /urcrafl Hangars in accordance with N F P A Standard 409, latest edition 10 Section 1003 1 1 entttled General is amended by adding the following 1 All persons w~shmg to install automatic sprinkler or standpipe systems w~thm 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 spnnkler system working drawings shall be submitted to the F~re Marshal for the approval process before any building construction make commence beyond construction of foundation and associated under ground plumbing and electncal installations 3 In regard to spnnkler systems, a temporary certificate of occupancy may be ~ssued if the fire extmgmsh~ng system is operational and has been approved by the Fire Marshal A permanent cemficate of occupancy shall be ~ssued only afier 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 alterattons to systems or bmldtngs 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 t~mes in a locked open position unless otherwise approved by the F~re Marshal 11 Section 1003 1 2 amend the first sentence to read as follows 1003.1.2 Standards. Fire -extmgmshmg systems shall comply w~th N F P A Standard 13, latest edmon 12 Section 1003 1 3 Is amended to read as follows 1003.1.3 Modifications. When residential sprinkler systems as set forth m the Braiding Code (N F P A Standard 13R) are provided, exceptions to, or reductions m, Braiding Code requirements based on the installation of an automatic fire-extmgutshmg systems are not allowed 13 Section 1003 2 6 3 amend the second sentence to read as follows 1003.2.6.3 Group H, D~ws~on 6 Occupancies. The design of the sprinkler system shall not be less than that reqmred under N F P A Standard 13 latest edition, for the occupancy hazard classfficat~on as follows, 14 Section 1103 3 2 amend the fourth sentence as follows 1003.:1.2 Alarms. (See N F P A Standard 13 latest edition) 15 Section 1004 1 2 amend to read as follows 1004.1.2 Standards Standpipe systems shall comply with N FP 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 m 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 7701.7.1 L~m~ts established by law. Explosive materials shall not be stored w~thm 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 7801.;~ 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 1,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, L~ght Industrial , Heavy Industrial or Planned Development, as identified in Chapter 35 of the Code of Ordinances of the City of Denton, Texas 21 Section 82042, entitled Maximum Capacity within Established Limits, Is amended to read as follows 8204.2 Maximum Capacity within Established Limits Within the hmlts 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 1 3, 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 apphanees 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 1 3 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 o~' 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 ~vhlch 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 ofwhmh 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 pumshable 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 convmUon of any such violations such person shall be punished within the limits above SECTION II. That the fees provided for m 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-mspectlon) Inspection fees provided for tn Section 106 Interior Square Footage Fee 1 to 3,000 $15 O0 over 3,000 to 6,000 $ 25 O0 over 6,000 to 12,000 $ 35 O0 over 12,000 to 18,000 $ 45 O0 over 18,000 to 24,000 $ 55 O0 over 24,000 to 100,000 $ 65 O0 over 100,000 $100 O0 Ifa second follow-up (reqnspectlon) is required because the vlolanon has not been corrected, the following fees shall be charged 1 to 3,000 $ 30 O0 over 3,000 to6,000 $ 50 O0 over 6,000 to 12,000 $ 70 O0 over 12,000 to 18,000 $ 90 O0 over 18,000 to 24,000 $110 O0 over 24,000 to 100,000 $130 O0 over 100,000 $200 O0 2 The fee for any permit required under Section 105 of the Fire Code, as amended, shall be $100 O0 per permit a There shall be pa~d a fee of $200 00 for the following permits 1 Any alteratmn to an ex~stmg tank (combustible or flammable) 2 Outdoor burning, per day 3 Combustible or flammable hqu~d tank storage ~nstallat~on 4 Combustible or flammable hqu~d p~pmg installation 5 Removal of combustible or flammable hqu~d tank and or p~pmg b There shall be pa~d a fee orS100 00 for the following 1 Permit to ~nstall an automatic ext~ngmsh~ng (hood) system 2 Acceptance inspection of automatic fire sprinkler (overhead) system 3 Acceptance inspection of automaUc fire spnnkler (underground p~p~ng fire hne) 4 Inspection of private fire hnes and hydrants 5 Acceptance ~nspect~on of fire alarm systems c 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 Th~s fee shall be payable by the owner or occupant d The permit fee for a temporary sales or d~splay booth ~n covered malls shall be $25 00 SECTION I¥. If any section, subsection, paragraph, sentence, phrase or word m th~s ordinance, or apphcatlon thereof to any person or circumstance ~s held mvahd by any court of competent .~unsd~ct~on, such holding shall not affect the vahd~ty of the remaining pomons ofth~s ordinance, and C~ty Council of the C~ty of Denton, Texas hereby declares ~t would have enacted such remaining pomons despite any such mvahd~ty SECTION ¥. That the repeal of any ordinance or any pomon thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, stat or prosecution had or commenced m 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 remmn m full force and effect to all intents or purposes as ff such ordinance or part thereof so repealed shall remain in force SECTION ~ That h~s ordinance shall become effectwe fourteen (14) days from the date ofth~s passage, and the C~ty Secretary ~s hereby d~rected to cause the caption ofth~s ordinance to be pubhshed twice m the Denton Kecord Chromcle, the officml newspaper of the C~ty of Denton, Texas, w~th~n ten (10) days of~ts passage PASSEDAND APPROVEDth,sthe/~dayof(~~ ,1998 JAC~f~LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY F \shared\dept~GL\Our Documonts\Ordmane~s~gg~F~ro Code Rgws~on Ordinance doc