HomeMy WebLinkAboutORD 03-078 i
ORDINANCE NO. 03-078
ENTITLED AN ORDINANCE AMENDING CHAPTER 10 OF THE
CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO
ADOPT THE INTERNATIONAL FIRE CODE, 2003 EDITION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL;
AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 10, Section 10-1, of the Code of Ordinances of the City of Beaumont
be and the same is hereby repealed and a new Section 10-1 is hereby adopted to read as
follows:
"Section 10-1. International Fire Code Adopted.
The International Fire Code, 2003 Edition, including Appendix Chapters
A through G, as published by the International Code Council, Inc., is hereby
adopted as the Fire Prevention Code of the City of Beaumont, a copy of
which code is on file in the City Clerk's Office."
Section 2.
That Chapter 10, Section 10-2, of the Code of Ordinances of the City of Beaumont
be and the same is hereby repealed and a new Section 10-2 is hereby adopted to read as
follows:
"Section 10-2. Amendments to Code.
Section 101.1 shall be amended to read as follows:
Section 101.1 These regulations shall be known as the Fire Code of the City
of Beaumont, hereinafter referred to as `this code.'
Section 108.1 of the International Fire Code is amended such that the"board
of adjustments and appeals" as established by Section 108 shall be the
"construction board of adjustments and appeals" as established by Chapter
6 of the Code of Ordinances of the City of Beaumont.
Section 109.3 shall be amended to read as follows:
Section 109.3 Persons who shall violate a provision of this code or shall
failed 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 fire code official, or of a permit of
certificate used under provisions of this code, shall be guilty of a Class
C Misdemeanor, punishable by a fine of not more than $2,000. Each
day that a violation continues after due notice has been served shall be
deemed a separate offense.
Section 111.4 shall be amended to read as follows:
Section 111.4 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 more than $2,000.
A new Section 901.5.2 shall be added to read as follows:
Section 901.5.2. Any company installing a fire detection and alarm system,
a fire-extinguishing system, a fire sprinkler system, a fire standpipe
system, or any other fire protection system, shall test the installation for
proper operation and code compliance prior to scheduling an
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acceptance test with the fire marshal's office. Failure to meet these
requirements will result in a reinspection fee of $100.00.
Section 903.4 shall be amended to add the following language:
The sprinkler system shall be supervised by a fire alarm panel separate
from any other fire alarm panel unless otherwise approved by the fire
code official.
Section 907.2 shall be amended as follows:
Sections 907.2.1 through 907.2.11 shall be replaced with the following
wording:
Section 907.2.1. An approved, automatic, total coverage fire alarm system
meeting the requirements of NFPA 72 shall be installed in the following
buildings:
(a) Group A- In all buildings exceeding two thousand (2,000) square
feet.
(b) Group B - In all buildings exceeding two thousand (2,000) square
feet.
(c) Group E - In all buildings.
(d) Group H - In all buildings.
(e) Group I
(1) Unrestrained - In all buildings exceeding two thousand
(2,000) square feet.
(2) Restrained - In all buildings.
(f) Group M - In all buildings exceeding two thousand (2,000) square
feet.
(g) Group R- In all buildings exceeding two thousand (2,000) square
feet (except single-family dwellings or dwelling units within an
apartment house, condominium or townhouse having exterior
entrances to each unit).
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(h) Group S - In all buildings exceeding two thousand (2,000) square
feet.
(i) In buildings with multiple tenants,each tenant space shall have it's
own fire alarm system unless otherwise approved by the fire code
official.
(j) With fire marshal approval, buildings protected throughout by an
approved sprinkler system meeting the requirements of NFPA 13
may install a fire alarm system meeting the requirements of NFPA
Life Safety Code 101. Additional coverage, equipment, and its
placement may be required by the fire marshal.
(k) After receiving notification of a fire or a fire alarm, a business
owner or his designated representative shall respond and arrive
at the alarm location within thirty (30) minutes.
A new Section 1004.1.4 shall be added to read as follows:
Section 1004.1.4 The number of occupants of any building shall not exceed
the number as established in accordance with Sections 1004.1.1
through 1004.1.3.
Section 2204.3.3 shall be amended to add the following language:
The emergency control shall be connected to an approved alarm system
which will automatically transfer the alarm to an U.L. listed monitoring
company.
A new Section 2204.3.8 shall be added to read as follows:
Section 2204.3.8 Unattended self-service stations shall be subjected to an
annual operating permit fee.
Section 2702 shall be amended to add the following definitions:
BEAUMONT TERMINAL -A freight terminal of a porter or motor carrier
that handles shipments of materials destined to or from the City of
Beaumont so long as the terminal is within the city limits.
REQUIRING PLACARDS-Any vehicle transporting hazardous materials
in sufficient quantity to require placarding as set forth in the Department
of Transportation Hazardous Materials Regulations.
HAZARDOUS MATERIALS ROUTE - The following streets and
highways and segments of streets and highways:
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(1) Cardinal Drive (US Hwys 69, 96, 287) from IH-10 to east
city limits.
(2) IH-10 from west city limits to east city limits.
(3) Eastex Freeway(US Hwys 69,96, 287)from IH-10 to north
city limits.
(4) Martin Luther King Parkway(Spur 380)from Cardinal Drive
to IH-10 East.
(5) State Highway 105 from Eastex Freeway to west city limits.
(6) College Street (Hwy 90) from IH-10 to west city limits.
(7) In other areas specifically designated by the fire official.
A new Section 2704.14 shall be added to read as follows:
Section 2704.14. The storage of plastic and rubber material within the city
limits shall meet the following conditions:
(1) Such storage shall be accordance with the zoning laws of the city.
(2) The location of such storage shall be equipped with a fire sprinkler
system meeting the requirements of NFPA 13 for hazardous
occupancy.
(3) The location of such storage shall be equipped with an automatic
fire alarm system meeting the requirements of NFPA 72.
(4) All offices, mechanical, maintenance and electrical rooms shall be
separated from the location of such storage by at least a one-hour
fire separation.
(5) A one-hour fire and smoke partition shall be in place dividing all
open areas of such storage into sections no largerthan twenty-five
thousand (25,000) square feet.
(6) Such storage shall only be allowed in type I, II, III, or IV structures
as the same are defined by the International Building Code.
Chapter 27 shall be amended to add a new Section 2706 to read as follows:
Section 2706.1 No person shall haul or transport any hazardous materials
as defined in this chapter in a tank vehicle as defined in this chapter,
except upon the streets or highways designated in the Hazardous
Materials Route as defined in this chapter.
(1) When it becomes necessary to leave the Hazardous Material
Route for the purpose of going directly to or from a commercial
or industrial establishment, said vehicle shall:
(a) Take the shortest route between the Hazardous Material Route
and the point of pickup and/or delivery.
(b) Use the established "truck routes" as defined in section 26-13
of the Code of Ordinances of the City of Beaumont to the
maximum extent possible.
Section 2706.2 The operator of a vehicle used to transport hazardous
materials requiring placards shall:
(1) Apply and display appropriate placards meeting Department of
Transportation specifications on each end and each side of the
vehicle; and
(2) Before operation, inspect the vehicle and determine that:
(a) The brakes are in good working condition;
(b) The steering mechanism is in good working condition;
(c) The electrical wiring is well insulated and firmly secured;
and
(d) The vehicle is in a condition adequate to safely transport
hazardous materials.
Section 2706.3 No operator of a motor vehicle transporting hazardous
materials as defined in the chapter shall transport those materials on any
street or highway, or segment of a street or highway, now or hereafter
designated as a "prohibited hazardous materials area."
Section 3204.3.1.1 shall be amended to read as follows:
Section 3204.3.1.1.
(A) Storage of flammable and combustible cryogenic liquids in tanks of
ten thousand (10,000) gallons or less may be established within the
zoning districts designated Heavy Industrial (H-1), Light Industrial (L-1)
and Commercial Manufacturing (C-M)as defined in Chapter 30 of the
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Code of Ordinances and as found in the zoning map of the City of
Beaumont, and in accordance with NFPA 30.
(B) Bulk storage of flammable and combustible cryogenic liquids in tanks
larger than ten thousand (10,000)gallons or as bulk storage in which
the materials are distributed either at wholesale or retail to customers
may be established within the zoning districts designated Heavy
Industrial (H-1) and Light Industrial (L-1) only after the issuance of a
specific use permit as provided in the zoning ordinance of the City of
Beaumont and in accordance with NFPA 30.
(C) The storage of flammable and combustible cryogenic liquids in tanks
of six-hundred sixty (660) gallons or less may be established within
the zoning districts designated General Commercial, Manufacturing
Districts (GC-MD) providing that the following requirements are met:
(1) All tanks must be labeled.
(2) Tanks shall be double walled, installed at grade level.
(3) Tanks shall not be installed within 100 feet of the property line
of any established school, hospital, nursing home, day care
center, nursery school, or residential property.
(4) Guard posts or other approved means must be provided to
protect tanks from motor vehicle damage.
(a) Posts must be at least 4 inches in diameter and filled with
concrete.
(b) Posts must be at least 3 feet from the tank and spaced not
more than 4 feet apart.
(c) Posts must be at least 30 inches above grade and 33
inches below grade.
(5) Tanks must be enclosed in a chain link fence at least 6 feet
high. The enclosed area must be secured, i.e.: gates locked.
(Exception: Tanks in vaults or located on property with a
perimeter security fence.)
(6) Tanks, accessories and installation shall comply with the fire
prevention code including amendments, NFPA codes, ANSI
publications, ASTM and other applicable codes.
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Section 3404.2.9.5.1 shall be amended to read as follows:
Section 3404.2.9.5.1.
(A) Storage of flammable and combustible liquids,liquified petroleum gas
and propane in tanks of ten thousand (10,000)gallons or less may be
established within the zoning districts designated Heavy Industrial(H-
1), Light Industrial (L-1) and Commercial Manufacturing (C-M) as
defined in Chapter 30 of the Code of Ordinances and as found in the
zoning map of the City of Beaumont, and in accordance with NFPA
30.
(B) Bulk storage of flammable and combustible liquids, petroleum gas
and propane in tanks larger than ten thousand (10,000)gallons or as
bulk storage in which the materials are distributed either at wholesale
or retail to customers may be established within the zoning districts
designated Heavy Industrial (H-1) and Light Industrial (L-1) only after
the issuance of a specific use permit as provided in the zoning
ordinance of the City of Beaumont and in accordance with NFPA 30.
(C) The storage of flammable and combustible liquids in tanks of six-
hundred sixty (660) gallons or less may be established within the
zoning districts designated General Commercial, Manufacturing
Districts (GC-MD) providing that the following requirements are met:
(1) All tanks must be labeled.
(2) Tanks shall be double walled, installed at grade level.
(3) Tanks shall not be installed within 100 feet of the property line
of any established school, hospital, nursing home, day care
center, nursery school, or residential property.
(4) Guard posts or other approved means must be provided to
protect tanks from motor vehicle damage.
(a) Posts must be at least 4 inches in diameter and filled with
concrete.
(b) Posts must be at least 3 feet from the tank and spaced not
more than 4 feet apart.
(c) Posts must be at least 30 inches above grade and 33
inches below grade.
(5) Tanks must be enclosed in a chain link fence at least 6 feet
high. The enclosed area must be secured, i.e.: gates locked.
(Exception: Tanks in vaults or located on property with a
perimeter security fence.)
(6) Tanks, accessories and installation shall comply with the fire
prevention code including amendments, NFPA codes, ANSI
publications, ASTM and other applicable codes.
A new Section 3404.2.11.3.1 shall be added to read as follows:
Section 3404.2.11.3.1. Underground storage tanks with a capacity of ten
thousand (10,000) gallons or more shall be installed on a twelve-inch
thick, firm concrete foundation and attached by means of not less than
three (3) steel anchor straps, each of which having a minimum
dimensions of one-quarter(1/4) inch thickness and two (2) inches width,
or by means of other approved straps and strapping methods, and
fastened taut around the tank by turnbuckles or other adjustable fittings
which are capable of withstanding at least as much stress as the straps.
Section 3406.2.4.4 shall be amended to read as follows:
Section 3406.2.4.4.
(A) Storage of flammable and combustible liquids,liquified petroleum gas
and propane in tanks of ten thousand (10,000)gallons or less may be
established within the zoning districts designated Heavy Industrial (H-
1), Light Industrial (L-1) and Commercial Manufacturing (C-M) as
defined in Chapter 30 of the Code of Ordinances and as found in the
zoning map of the City of Beaumont, and in accordance with NFPA
30.
(B) Bulk storage of flammable and combustible liquids, petroleum gas
and propane in tanks larger than ten thousand (10,000)gallons or as
bulk storage in which the materials are distributed either at wholesale
or retail to customers may be established within the zoning districts
designated Heavy Industrial (H-1) and Light Industrial (L-1) only after
the issuance of a specific use permit as provided in the zoning
ordinance of the City of Beaumont and in accordance with NFPA 30.
(C) The storage of flammable and combustible liquids in tanks of six-
hundred sixty (660) gallons or less may be established within the
zoning districts designated General Commercial, Manufacturing
Districts (GC-MD) providing that the following requirements are met:
(1) All tanks must be labeled.
(2) Tanks shall be double walled, installed at grade level.
(3) Tanks shall not be installed within 100 feet of the property line
of any established school, hospital, nursing home, day care
center, nursery school, or residential property.
(4) Guard posts or other approved means must be provided to
protect tanks from motor vehicle damage.
(a) Posts must be at least 4 inches in diameter and filled with
concrete.
(b) Posts must be at least 3 feet from the tank and spaced not
more than 4 feet apart.
(c) Posts must be at least 30 inches above grade and 33
inches below grade.
(5) Tanks must be enclosed in a chain link fence at least 6 feet
high. The enclosed area must be secured, i.e.: gates locked.
(Exception: Tanks in vaults or located on property with a
perimeter security fence.)
(6) Tanks, accessories and installation shall comply with the fire
prevention code including amendments, NFPA codes, ANSI
publications, ASTM and other applicable codes.
Section 3804.2 shall be amended to read as follows:
Section 3804.2. Within the limits established by law restricting the storage
of liquified petroleum gas for the protection of heavily populated or
congested areas, the aggregate capacity of any one installation shall not
exceed a water capacity of 2,000 gallons and may only be established
within the zoning districts designated Heavy Industrial (H-1), Light
Industrial (L-1) and Commercial Manufacturing (C-M) as defined in
Chapter 30 of the Code of Ordinances and as found in the zoning map
of the City of Beaumont, and in accordance with NFPA 30.
In Appendix D:
Section D103.6: The following language shall be added:
Approved signs are to be spaced at twenty-five foot intervals.
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A new section D103.6.3 is hereby added to read as follows:
Section D103.6.3. As an alternative to signs, where the premises have
curbs, the words "FIRE LANE NO PARKING" may be painted:
(1) in four inch white letters;
(11) on a red background;
(III) at twenty-five foot intervals."
Section 3.
That Chapter 10, Section 10-3, of the Code of Ordinances of the City of Beaumont
be and the same is hereby repealed and a new Section 10-3 is hereby adopted to read as
follows:
"Section 10-3. Fire Service Fees.
(1) The Fire Chief is hereby authorized to calculate fees for the following
fire related services based on the equipment, materials and labor necessary
in each instance to provide the fire service. The person in control of the
property or the person owning the property, real or personal, involved shall
be responsible to pay the amount charged for such services upon receipt of
a bill.
(a) Response to and mitigation of a spill or release into the
environment of a hazardous material as defined in Chapter 27 of
the International Fire Code.
(b) Response to and standby exceeding one (1) hour at the scene of
a potential release of a hazardous material as defined in Chapter
27 of the International Fire Code.
(c) Response to and mitigation of an unauthorized open burning
associated with land clearing or demolition activities.
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(2) The following fees are hereby set for the following fire services or
occurrence:
Service Fee
(a) Annual inspection fee required for target hazards
including but not limited to hospitals, nursing homes,
assisted living centers, and other such properties which
require multiple inspections within the year..................... $200.00
(b) Annual inspection fee required for state licensed
properties which require a single inspection per year..... $ 50.00
(c) Fee schedule for installation and/or removal of fuel
storage tanks and dispensing units:
Firsttank.................................................................. $150.00
Each additional tank................................................. $50.00
Each dispensing unit................................................ $35.00
(d) Failure to immediately notify the fire official of any
disconnection and/or interruption of any fire protection
system. This shall also include any fire protection
system found to be unsafe, impaired, or inoperable...... $500.00
(e) Annual inspection of an unattended self-service
station as described in Chapter 22 of the International
FireCode........................................................................ $100.00"
Section 4.
That if any section, subsection, sentence, clause or phrase of this ordinance, or
the application of same to a particular set of persons or circumstances, should for any
reason be held to be invalid, such invalidity shall not affect the remaining portions of
this ordinance, and to such end the various portions and provisions of this ordinance
are declared to be severable.
Section 5.
All ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
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Section 6.
That any person who violates any provision of this ordinance shall, upon
conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the
City of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of
October, 2003.
- MQDr Evelyn M. Lord -