HomeMy WebLinkAboutORD 10-058 ORDINANCE NO. 10-058
ENTITLED AN ORDINANCE AMENDING CHAPTER 10 OF THE
CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADOPT
THE 2009 EDITION OF THE INTERNATIONAL FIRE CODE AND
MAKING LOCAL AMENDMENTS TO SAME; 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be and the same is hereby repealed and a new Section 10-1 is hereby adopted to read as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.
That a certain document, one copy of which is on file in the office of the City
Clerk of the City of Beaumont, being marked and designated as the
International Fire Code, 2009 Edition, including Appendix Chapters A
through J, as published by the International Code Council, be and is hereby
adopted as the Fire Code of the City of Beaumont, in the State of Texas
regulating and governing the safeguarding of life and property from fire and
explosion hazards arising from the storage, handling and use of hazardous
substances, materials and devices, and from conditions hazardous to life or
property in the occupancy of buildings and premises as herein provided;
providing for the issuance of permits and collection of fees therefore; and
each and all of the regulations, provisions, penalties, conditions and terms
of said Fire Code on file in the office of the City of Beaumont are hereby
referred to, adopted, and made a part hereof, as if fully set out in this
ordinance, with the additions, insertions, deletions and changes, if any,
prescribed in Section 2 of this ordinance.
Pagel
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be and the same is hereby repealed and a new Section 10-2 is hereby adopted to read as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:
Sec. 10-2. Amendments to code.
Section 101.1 of the International Fire Code is hereby amended as follows:
Section 101.1 These regulations shall be known as the Fire Code of
the City of Beaumont, Texas, hereinafter referred to as "this code."
Section 108.1 of the International Fire Code is hereby amended as follows:
Section 108.1 In order to hear and decide appeals of orders,
decisions or determinations made by the building official or the fire marshal
relative to the application and interpretation of this code, there shall be and
hereby created a board of appeals. The board of appeals shall be appointed
by the applicable governing authority and shall office at its pleasure. The
board shall adopt rules of procedure for conducting its business. The board
shall consist of seven (7) members, such board shall be composed of one
architect, one engineer, one member at large from the building industry, one
building contractor, one member at large from the public and two members
from the fire service and fire safety professions.
Section 109.3 of the International Fire Code is hereby amended as follows:
Section 109.3 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 directives of the fire code official, or of a permit or certificate
used under provisions of this code, shall be fined not less than $50.00 nor
more than $2000.00. Each day that a violation continues after due notice
has been served shall be deemed a separate offense.
Section 111.4 of the International Fire Code is hereby amended as follows:
Section 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
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that person is directed to perform to remove a violation or unsafe condition,
shall be liable to a fine of not less than $50.00 or more than $2000.00.
Section 901.5.2 is hereby added to read as follows:
Section 901.5.2 Re-inspection fee. 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 acceptance test with the fire marshal's office. Failure to meet
these requirements will result in a re-inspection fee of $100.00.
Section 903.4.1.1 of the International Fire Code is hereby amended as
follows:
Section 903.4.1.1 Monitoring Systems. The sprinkler system shall be
supervised by a fire alarm panel separate from any other fire alarm panel
unless otherwise approved by the fire official.
Sections 907.1.4, 907.1.5 and 907.1.6 are hereby added to read as follows:
907.1.4 System required. A total coverage, NFPA 72 compliant fire
alarm system shall be installed in all non-sprinkled structures which are 2000
square feet or greater in size.
907.1.5 Tenantspaces. Individual spaces shall have an independent
fire alarm system.
907.1.6 Code requirements. All systems shall meet all Federal, State
and local codes.
Section 1004.3 of the International Fire Code is hereby amended as follows:
Section 1004.3 Posting of occupant load. All assembly occupancies
shall post an occupant load. Every room or space shall have the occupant
load of the room or space posted in a conspicuous place, near the main
entrance access doorway to the room or space. Posted sign shall be of an
approved legible permanent design and shall be maintained by the owner or
authorized agent. Any occupancy that derives 51 percent or more of its
income from the sale or service of alcoholic beverages for on-premise
consumption, any assembly occupancy that sells or provides setups for the
on-premise consumption of alcoholic beverages and, any assembly
occupancy that rents or leases rooms or spaces for the on-premise
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consumption of alcoholic beverages as determined by Chapter 3, Texas
Alcoholic Beverage Code, shall keep an accurate count of the number of
occupants, in the rooms or spaces with the posted occupant load, during
business hours. The building official, fire marshal, or any other official
authorized to enforce Section 1004.3 may require the owner or authorized
agent to conduct an immediate recount of the occupants, when the
accurateness of the count is in question, in order to determine the actual
number. Should the actual count of occupants exceed the posted occupant
load, the occupancy owner or authorized agent will be ordered to
immediately reduce occupant load to within the posted limit. It shall be
unlawful for any person to violate or fail to comply with any provision of this
code. Each such person deemed guilty of a violation shall be punished by
a fine not exceeding two thousand dollars($2,000.00); provided,where such
fine is for an offense for which the state law imposes a fine, the fine imposed
by the municipal court shall be the same as the fine for each such like
offense under the state law. Each day any violation of any provision of this
code continues after due notice has been served shall constitute a separate
offense.
Section 2702.1 of the International Fire Code is hereby amended by adding
definitions to read as follows:
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:
(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.
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(5) State Highway 105 from Eastex Freeway to west city limits.
(6) College Street (Hwy 90) from IH-10 to west city limits.
(7) From City Limits West to Hwy 124 to Cardinal Drive.
(8) Major Dr. (Hwy 364) from Hwy 124 to Hwy 105.
(9) In other areas specifically designated by the fire official.
Section 2704.14 is hereby added to read as follows:
Section 2704.14 Storage of Plastic and Rubber Material. 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 larger than 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 bythe International Building Code.
Section 2706 is hereby added to read as follows:
Section 2706
Transporting Hazardous Materials
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Section 2706.1 Hazardous Material Route. 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 Placards Required. 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 Prohibited Hazardous Materials Area. 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 3301.1.3 of the International Fire Code is hereby amended as
follows:
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Section 3301.1.3 Fireworks. The possession, manufacture, storage,
sale, handling and use of fireworks are prohibited.
Exceptions:
1. The use of fireworks for fireworks displays as allowed in
Section 3308.
Section 3404.2.9.6.1 of the International Fire Code is hereby amended as
follows:
Section 3404.2.9.6.1 Locations where above-ground tanks are
prohibited.
(A) Storage of flammable and combustible liquids, liquefied 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-Multiple Family Dwelling(GC-MD)
Districts 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.
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(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.
(D) The storage of flammable and combustible liquids for use in
emergency power systems can be located in all zoning districts providing that
the following conditions are met:
(1) The tanks are attached to and part of the power system.
(2) The tanks are of double wall construction.
(3) The tanks are labeled by a nationally recognized testing lab.
(4) The tanks shall have a capacity of no greater than 72 hours of
operation.
(5) 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.
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(c) Posts must be at least 30 inches above grade and 33
inches below grade.
(6) 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.)
(7) There will be no more than one tank on any tract of property.
(8) Tanks, accessories and installation shall comply with the fire
prevention code including amendments, NFPA codes, ANSI
publications, ASTM and other applicable codes.
Section 3404.2.11.3.1 is hereby added to read as follows:
Section 3404.2.11.3.1 Foundation required. 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 dimension 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 of the International Fire Code is hereby amended as
follows:
Section 3406.2.4.4. Locations where above-ground tanks are
prohibited.
(A) Storage of flammable and combustible liquids,liquefied 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
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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-Multiple Family Dwelling(GC-MD)
Districts 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.
(D) The storage of flammable and combustible liquids for use in
emergency power systems can be located in all zoning districts providing that
the following conditions are met:
(1) The tanks are attached to and part of the power system.
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(2) The tanks are of double wall construction.
(3) The tanks are labeled by a nationally recognized testing lab.
(4) The tanks shall have a capacity of no greater than 72 hours of
operation.
(5) 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.
(6) 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.)
(7) There will be no more than one tank on any tract of property.
(8) Tanks, accessories and installation shall comply with the fire
prevention code including amendments, NFPA codes, ANSI
publications, ASTM and other applicable codes.
Section 3506.2 of the International Fire Code is hereby amended as follows:
Section 3506.2 Limitations
(A) Storage of flammable 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 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 cryogenic liquids in tanks larger than ten
thousand (10,000) gallons or as bulk storage in which the materials are
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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 cryogenic liquids in tanks of six-hundred
sixty (660) gallons or less may be established within the zoning districts
designated General Commercial-Multiple Family Dwelling(GC-MD)Districts
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 3804.2 of the International Fire Code is hereby amended as follows:
Section 3804.2. Maximum Capacity within Established Limits. Within
the limits established by law restricting the storage of liquefied 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.
Section D103.6 of the International Fire Code is hereby amended as follows:
D103.6 Signs. Where required by the fire code official ,fire apparatus
access roads shall be marked with permanent NO PARKING—FIRE LANE
signs complying with Figure D103.6. Signs shall have a minimum dimension
of 12 inches(305 mm)wide by 18 inches(457 mm)high and have red letters
on a white reflective background. Signs shall be posted on one or both sides
of the fire apparatus road as required by Section D103.6.1 or D103.6.2.
Approved signs are to be spaced at twenty-five foot intervals.
Section D103.6.3 is hereby added to read as follows:
Section D103.6.3 Curb Markings. As an alternative to signs, where
the premises have curbs, the words "FIRE LANE, NO PARKING" may be
painted:
(a) in four inch white letters;
(b) on a red background;
(c) 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:
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i
Sec. 10-3. Fire Service Fees.
(1) The fire chief is hereby authorized to calculate fees for the following
hazardous material instances and other fire related services based on the
equipment, materials, and labor utilized by all responding city departments
in each instance. Fees will be assessed using equipment, material and labor
rates set forth by city policy and includes a 15% administrative fee on the
total cost of the response. 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.
(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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $250.00
(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:
First tank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $200.00
Each additional tank . . . . . . . . . . . . . . . . . . . . . . . . $ 75.00
Each dispensing unit . . . . . . . . . . . . . . . . . . . . . . . . $ 50.00
Page 14
(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
Section 4.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations contained in Chapter 30 of the Code of
Ordinances of Beaumont, Texas, as amended.
Section 5.
That if any section, subsection, sentence, clause of 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 6.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 7.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished by a fine not exceeding Two Thousand Dollars ($2,000).
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of
August, 2010.
A Q�p \t�,1
o1
Mayor-P Mayoi-Pnd Tem
VI
. Pate, Jr. -
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