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HomeMy WebLinkAbout1088 08-25-1992ORDINANCE NO. 1088 AN ORDINANCE AMENDING SECTION 6 -1 "FIRE PREVENTION CODE - ADOPTED; DEFINITIONS; FIRE PREVENTION OFFICER; AMENDMENTS." OF ARTICLE I "IN GENERAL" OF CHAPTER 6 "FIRE PROTECTION AND PREVENTION" OF THE CODE OF ORDINANCES, CITY OF EULESS, TEXAS, AS AMENDED, ADOPTING THE 1991 EDITION OF THE UNIFORM FIRE CODE; PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION; MAKING CERTAIN AMENDMENTS TO SAID 1991 UNIFORM FIRE CODE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY FOR VIOLATION; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: I. SECTION 6 -1 OF ARTICLE 1 OF CHAPTER 6 OF THE CODE OF ORDINANCES, CITY OF EULESS, TEXAS, IS HEREWITH AMENDED TO HEREAFTER BE AND READ AS FOLLOWS: Sec. 6 -1. Fire Prevention Code Adopted. (1) CODE ADOPTED. There is hereby adopted by the City Council for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Uniform Fire Code recommended by the International Fire Code Institute and the International conference of Building Officials being particularly the 1991 edition thereof including Appendix I -A through C, Appendix II -A, II -D, II -E, Appendix III -C, Appendix IV -B, Appendix V -A, Appendix VI -D, save and except such portions as are hereafter deleted, modified or amended by this chapter, copies of which Uniform Fire Code are on file in the office of the City Secretary and the same are hereby adopted and incorporated as fully as if set out at length herein and the provisions thereof shall be controlling within the limits of the city. (2) DEFINITIONS. Whenever and wherever used in the Uniform Fire Code the following terms shall have the meanings hereinafter ascribed thereto. 1. Wherever the word "jurisdiction" is used in the Uniform Fire Code, it shall be held to mean the City of Euless. 2. Wherever the term "corporation" is used in the Uniform Fire Code, it shall be held to mean the attorney for the City of Euless, Texas. 3. Wherever the terms "Fire Prevention Engineer ", "Fire Prevention Officer" or "Fire Marshal" are used, they shall be held to mean "Chief of the Bureau of Fire Prevention." (3) ENFORCEMENT OF FIRE PREVENTION CODE. The Fire Code shall be administered and enforced by the Fire Marshal. The Fire Chief shall appoint, on the basis of qualifications, one of the classified fire personnel to perform the duties of fire prevention and such person shall be known as the Chief of the Bureau of Fire Prevention and shall perform those duties herein assigned to the Fire Marshal, Fire and Arson Investigator, Fire Inspector or Fire Prevention Engineer. Other personnel may be assigned by the Fire Chief as needed or required to perform one or more of such functions, to hold one or more of such positions and /or assist personnel assigned to or holding one or more such positions. (4) DISTRICTS. The establishment of limits or districts, having to do with the storage of hazardous or explosive materials referred to within the Uniform Fire Code shall be as follows: 1. The limits referred to in Section 79.501 of the Uniform Fire Code in which flammable or combustible liquid storage in outside above ground tanks is prohibited are hereby established as the entire City of Euless; it being the intention of this body to entirely prohibit outside above ground bulk storage of Class I and Class II flammable or combustible liquids; 2. The limits referred to in Section 79.1001 of the Uniform Fire Code in which flammable or combustible liquid in outside above ground tanks for private use on farms, rural areas, construction sites and earth - moving projects is hereby established as follows; it being the intention of this body to prohibit permanent storage of Class I and Class III flammable and combustible liquids in above ground tanks except for the temporary storage of Class I and Class II flammable or combustible liquids for temporary storage subject to review and approval of the Fire Marshal. 3. The limits referred to in Section 82.104(a) of the Uniform Fire Code in which bulk storage of liquefied petroleum gas is re- stricted, are hereby established as the entire City of Euless; it being the intention of this body to entirely prohibit the bulk storage of liquified petroleum gas within the corporate limits of the City of Euless. For the purpose of this code, bulk storage shall be defined as the aggregate capacity of any one installa- tion exceeding a 2,000 gallon water capacity. The limits for liquefied petroleum gas in other districts shall be as follows; residential zone districts shall be limited to an aggregate water gallon capacity not to exceed 250 gallons subject to safeguarding and distance restrictions; commercial and industrial zone dis- tricts shall be limited to an aggregate water gallon capacity not to exceed 2,000 gallons subject to safeguarding and distance restrictions. 4. The limits referred to in Section 77.107(a) of the Uniform Fire Code in which storage of explosives and blasting agents is Ordinance No. 1088 , Page 2 of 18 prohibited, hereby are established as being the entire City of Euless; it being the intention of this body to entirely prohibit the storage of explosives and blasting agents within the corpo- rate limits of the City of Euless. AMENDMENTS. Amendments to the Uniform Fire Code. The Uniform Fire Code, as herein adopted, is amended in the following respects to read as hereinafter indicated: 1. Section 2.105 of the Uniform Fire Code is hereby amended to read as follows: The Chief of the Bureau of the Fire Prevention and members of the Fire Prevention Bureau and members of the fire department as designated by the Fire Chief, shall have the powers of police officers in performing their duties under this Code. They shall have the power to issue citations for offenses tending to cause fires or to make fire fighting more difficult including, but not limited to, the following offenses: a. Failure to maintain proper marking of designated fire lanes and /or fire zones. b. Parking of motor vehicles or otherwise obstructing any properly marked fire lanes. c. Parking within a prohibited distance from a fire hydrant or Fire Department connection. d. Any offense defined in this chapter or under this uniform Fire Code or its related codes i.e., Building Code, Mechani- cal Code, Plumbing Code, Electrical Code, or Adopted NFPA Standards. 2. Section 2.304 of the Uniform Fire Code is hereby amended by adding paragraph (c) to read as follows: (c) Most current year edition of the National Fire Protection Association Recognized Standards on file. 3. Amend Article 4, Section 4.108 1.1, liquified petroleum gases, to read as follows: Except for portable containers of less than twenty -five (25) gallon water capacity, to install or maintain any LP gas container, tank or vehicle which is used for the transportation of LP gas. Where a single container or the aggregate capacity of interconnected containers is over 100 gallon water capacity, the installer shall submit plans for such permit, See Article 82. 4. Amend Article 4 by adding a new Section, 4.109 to read as fol- lows: Ordinance No. 1088 , Page 3 of 18 PERMIT FEES: (A) No permit shall be issued unless the applicant has first paid at the Bureau of Fire Prevention, the fee required therefor as set forth in Chapter 1 1/2 of this code. (B) Consolidation of permits. Where permits are consolidated as outlined in Section 4.106, the permit fee shall be the sum of all fees for all uses so consolidated. (C) Uses in existence at the time of adoption of this code and having no previous permit shall be subject to the provisions of this Article Four requiring a permit. Any change in operation requiring a new Certificate of Occupancy as outlined in the Building Code shall void such permits issued. (0) Permits shall have an expiration date not to exceed one (1) year from the date of issuance. Temporary permits shall be valid for a period of time as set forth therein by the Fire Marshal. (E) Permits issued, and for which the activity, operation, practice, or function is still in existence and which are not renewed within 30 days after expiration shall accrue a penalty fee as set forth in Chapter 1 1/2, to be levied in addition to the regular fee schedule. See fee ordinance.. (F) Permit fee(s) shall be doubled if owner, operator, or contractor has begun work or caused such activity, opera- tion, practice or function to begin without first obtaining a permit. (G) After hours inspections: (1) An inspection may be scheduled after normal duty hours, such as weekends or after 5:00 p.m. (1700 hours) by special arrangement with the Fire Marshal. (2) A fee per hour shall be paid in advance for the special inspection. See fee ordinance. The total advance payment shall be determined by the Fire Marshal as that number of total man -hours necessary to perform the inspection or service. Payment shall not be pro -rated in amounts less than one (1) hour increments. (6) Section 2.303 of the Uniform Fire Code is hereby redesignated as Subsection 2.303(a) and such section is futher amended by adding new paragraphs(b), (c) and (d) to read as follows: (3) 1088 4 Ordinance No. , Page of 18 (b) The Board of Appeals referenced to in paragraph (a) shall be the Euless Zoning Board of Adjustment. (c) The Fire Marshal or designated representative shall serve as an ex officio member of the board when required. (d) A decision of the Board may be appealed to the City Council provided: (1) The appeal must be made within thirty (30) days after rendition of the Board's decision, and; (2) The appeal must be perfected by written request to the office of the City Secretary. (7) Article 1 of the Uniform Fire Code is hereby amended by adding a new Section 1.104 as follows: (a) Compliance Certification. A notarized letter may be re- quired by the Fire Marshal that certifies compliance with the Fire Code or recognized standards regarding the techni- cal installations of fire protection and /or notification equipment, systems or its operation thereof. (b) Notarized letters may be required for the following: 1. Automatic fire alarm systems 2. Automatic fire extinguishing systems 3. Storage /use of hazardous materials 4. Fire protection equipment maintenance and /or sprinkler 5. Flame retardant applications 6. Liquified gas installations and operations 7. Flammable and combustible installations and operations 8. Radioactive materials storage and appliances 9. Emergency power systems and appliances 10. Life safety systems, devices and operation (c) The Letter of Certification shall be on company letterhead, signed by an authorized agent acceptable to the Fire Mar- shal, and filed before final approval of the systems instal- lation and operation. (d) All compliance testing and final acceptance shall be wit- nessed by the Fire Marshal or his authorized representative. A representative of the installer shall be in attendance at all compliance testing. (8) Section 10.105 of the Uniform Fire Code is hereby amended by adding a new paragraph (e) to read as follows: (e) Fire Lanes and Fire Zones. When the Fire Marshal determines that an area is necessary to gain immediate access to any fire protection equipment, appliance, vault, or hydrant or Ordinance No. 1088 , Page 5 of 18 to gain access for the Fire Department entry to buildings for the purpose of life safety, the area shall be marked or posted as approved. (9) Sections 10.203, 10.204, 10.205 and 10.206 are hereby combined into a new Section 10.203 of the Uniform Fire Code to read as follows: (a) General. Emergency access easements or roadways for fire apparatus shall be provided and maintained in accordance with provisions of this section. (b) Where Required. Fire apparatus access roads or easements shall be required for every building hereafter constructed. Such roadway or emergency access easement shall provide for all portions of the first story of a structure to be within the unobstructed deployment of one hundred fifty feet (150') of preconnected hose line from a fire apparatus, located within said access roadway or easement. Where access requirements cannot be fully provided, recognized fire protection systems shall be installed as prescribed and approved by the authority having jurisdiction. (c) More than one (1) fire apparatus road shall be provided when it is determined that access by a single road may be im- paired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. (d) Permissible Modifications. Clearances or widths required by t his section may be increased when in the opinion of the Fire Chief or the Fire Marshal, minimum clearances or widths are not adequate to provide fire apparatus access. (e) Surface. Fire apparatus access roads shall be designed and maintained in a manner to support the imposed loads of fire apparatus. Access roadway surfaces shall be constructed of asphalt or concrete and engineered so as to provide all weather driving and maneuvering capabilities. (f) Width. The minimum unobstructed width of a fire apparatus access roadway shall be not less than twenty feet (20'), unless such roadway parallels parking facilities on one or more sides, in which case, such roadway or access easement shall be not less than twenty -four feet (24') of unobstruct- ed width. The authority having jurisdiction may increase minimum widths when deemed necessary to provide adequate access for protection. (g) Vertical Clearance. All fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet, 6 inches (13'6 "). EXCEPTION: Upon approval, vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus Ordinance No. 1088 , Page 6 of 18 and approved signs are installed and maintained indicating the established vertical clearance. (h) Turning Radius. The turning radius of a fire apparatus access roadway shall be set and approved by the Chief of the Bureau of Fire Prevention. Unless otherwise stipulated, each access roadway turning radius shall be twenty feet (20') inside dimension, forty feet (40') outside dimension. Turnarounds. Any such roadway or emergency access easement more than one hundred and fifty feet (150') in length shall either be connected to another dedicated public street or fire lane easement, or be provided with a paved roadway turnaround with a turning radius no less than fifty feet (50'). (Exception: When approved, an alternate design may be substituted for a turn around. The design shall meet requirements established by the Fire Marshal.) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the building code and using designed live loading sufficient to carry the imposed loads of fire apparatus. (k) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the authority having jurisdiction. (i) (j) (1) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. (m) Signs. When required, approved signs, fire lane striping or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction hereof, or both. (n) Speed Bumps. No person, firm or corporation shall place, construct, erect or maintain any speed bumps in a marked fire lane or emergency access roadway without first obtain- ing a permit. Such speed bumps shall be constructed as not to exceed the height of five inches (5 ") and a rise at the ratio of two to one. See fee ordinance. (10) Section 10.301 of the Uniform Fire Code is hereby amended to read as follows: Premises Identification Section 10.301(a). Approved numbers or address shall be placed on all new and existing buildings in such a position as to be plainly visible and Ordinance No. 1088 , Page 7 of 18 legible from the street or read fronting the property. Said numbers shall contrast with their background. 1. Residential occupancies shall have numbers a minimum of four inches (4 ") in height. 2. Multi - family, townhouses, condominiums and commercial occupancies shall have street and /or building numbers a minimum of eight inches (8 ") in height. When deemed necessary by the Fire Marshal, the street and /or building numbers may be required to be of a larger size for immediate and visible identification. (b) If structure is more than two hundred feet (200') from a public street, the address shall also appear at the front or main entry to the property. (c) When deemed necessary by the Fire Marshal, the street or building numbers may be required on more than one side of the structure or property. (d) Building and /or street numbers shall be located in an area and lighted in a manner that will make them immediately discernible as approved by the Fire Marshal. Exception: neighborhood residential districts containing single family detached and single family attached (duplex) dwellings. (e) Street or Road Signs. When required by the Chief, streets and roads shall be identified with approved signs. (11) Amend Uniform Fire code by adding a new Section 10.306 to read as follows: Security Gates: (a) Definitions: 1. As used herein, a security gate shall mean any device located on private property which prohibits access of motor vehicles to more than one (1) residential unit or to any commercial property. It includes, but is not limited to, a metal or wood swing railing extended across a street, private drive or fire lane, which can only be opened by a human operator situated on the premises or by remote control or both. 2. Owner shall mean a person, corporation, partnership, association or any other similar entity. 3. Light duty metal chain means a chain with the maximum diameter of metal in the chain links being one quarter inch (1/4 "), and does not mean high -test proof, coil chain or other heat tempered chain, regardless of size. 4. Main gate means a security gate located on private residential property where more than one (1) security gate exists. The owner Ordinance No. 1088 , Page of 18 shall designate in writing to the Fire Marshal which is the main gate. If no designation is made, the main gate shall be so designated and located on the property side bearing the street address. (b) Main Gates: 1. Main gates shall be located at least thirty feet (30') back from the inside edge of the property line or forty feet (40') from the edge of the roadway curb, whichever is furthest from said roadway curb. 2. All main gates shall be electrically operated, with a manual disconnect in case of a power failure. The manual discon- nect is to be placed in a weathertight box, with a piano - type hinge on one side and a KNOX weatherproof padlock and hasp on the other side. 3. All main gates shall open with a fire department KNOX K.S. #2 key - operated switch. The KNOX key - operated switch shall be provided and installed by the owner. The key - operated switch is to be located ten feet (10') from the gate, on the left side of the approach, placed on a pedestal with the key switch facing the fire lane. The key switch shall be no closer than four feet, six inches (4'6 ") or no farther than five feet, five inches (5'5 ") inches from the ground. 4. The owner shall furnish the Police Department /Fire Depart- ment and Fire Marshal's office with the necessary number of access codes or tenant access cards, so normal patrol and enforcement actions can be continued. 5. The minimum fire lane width requirement of twenty feet (20') and the minimum height clearance requirement of thirteen feet, six inches (13'6 ") shall be maintained. (c) Security Gates: It shall be unlawful for a security gate to be placed within a public access or fire lane easement, unless such gate complies with the following: 1. The minimum fire lane width requirement of twenty feet (20') and the minimum height requirement of thirteen feet, six inches (13'6 ") shall be maintained. 2. Security gates shall be designed and constructed in a workman like manner. Gate materials shall be acceptable to the authority having jurisdiction. 3. Horizontal swing or sliding security gates shall be con- structed, mounted, and maintained whereby such gates will open fully when activated. When opened, the gates must be equipped with a device to maintain the gate in an open position. Ordinance No. 1088 , Page 9 of 18 4. Electrical and /or hydraulic gate devices shall be designed in a manner that allows for an alternate method of operation in a power -off or mechanical malfunction conditions. 5. Security gates other than the main gate shall be locked in a manner that allows for emergency opening with a KNOX Padlock or KNOX -key switch device. (d) Application for security gates: A written request to install security gates shall be submitted to the office of the Fire Marshal with sufficient information to ensure that code compli- ance shall be provided. Security gates may be installed only after a permit for installation has been issued by the Fire Marshal. (e) Disclaimer of liability: The City hereby disclaims any and all liabilities resulting from damages sustained by any person or owner, either directly or indirectly, as a result of any emergen- cy function of the City or lack thereof, where such damage is occasioned by the noncompliance of any owner with the provisions of this section. (12) Section 10.403 of the Uniform Fire Code is hereby amended to read as follows: Fire Hydrants. (a) The location, number and type of fire hydrants connected to a water supply capable of delivering the required flow shall be provided on the public street or on the site of the premises or both to be protected as required and approved by the chief. Fire hydrants shall be accessible to the fire department apparatus by roads meeting the requirements of Division II. For fire safety during construction, alteration or demolition of a building, see Section 87.103(c). (b) Requirement for fire sprinkled buildings. Buildings that are protected with fire sprinkler or standpipe systems shall have a fire hydrant located within 150 feet of the fire department connection measured by an approved route for the purpose of hose line deployment. (13) Section 12.110 of the Uniform Fire Code is hereby amended to be and read as follows: Exit Illumination. (a) General. Except within individual dwelling units, guest rooms and sleeping rooms, exits shall be illuminated any time the building is occupied, with light having intensity of not less than one (1) foot candle at floor level. EXCEPTION: In auditoriums, theatres, concert or opera halls and similar assembly uses, the illumination at floor level may be reduced during performances to not less than 0.2 foot candle. Ordinance No. 1088 , Page 10 of 18 (b) Power Supply. The power supply for exit illumination shall normally be provided by the premises wiring system. In the event of its failure, illumination shall be automatically provided from an emergency system where the occupant load of the occupancy is fifty (50) or more persons. For high -rise buildings and smoke proof enclosures, see the Building Code. Emergency systems shall be supplied from storage batteries or an on-site generator set, and the system shall be installed in accordance with the require- ments of the Electrical Code. (c) Windowless or underground areas shall be provided with an emer- gency illumination system approved by the Fire Marshal. (14) Section 12.111 of the Uniform Fire Code is hereby amended to be and read as follows: Exit Signs. (a) Where required, exit signs shall be installed at required exit doorways and where otherwise necessary to clearly indicate the direction of egress. EXCEPTION: Main exterior exit doors which obviously and clearly are identifiable as exits. (b) Graphics. The color and design of lettering, arrows and other symbols on exit signs shall be in high contrast with their background. Words on the sign shall be in block letters six inches (6 ") in height with a stroke of not less than 3/4 inch. Illumination. Signs shall be internally or externally illuminat- ed by two electric lamps. When the luminescence on the face of an exit sign is from an external source, it shall have intensity of not less than five (5) foot candles from either lamp. Internally illuminated signs shall provide equivalent luminescence. (c) (d) Self- luminous type illumination may be approved by the Fire Marshal, when internal or external illuminated fixtures are not practical or applicable to the situation. Power Supply. Power supply for exit fixture illumination shall normally be provided by the premises wiring system. In the event of its failure, exit sign illumination shall be from storage batteries or on -site generator set and the systems shall be installed in accordance with the Electrical Code and Life Safety Code or emergency lighting provisions. EXCEPTION: Occupancies in existence at the time of the adoption of this provision need not comply unless changes, alterations or repairs affect their present existence or the authorities having jurisdiction deem compliance necessary to assure life safety conditions. (e) Ordinance No. 1088 , Page 11 of 18 (f) Floor -level Exit Signs. When exit signs are required by the Building Code <see U.B.C. Section 3314(a) >, additional approved low -level exit signs which are internally or externally illumi- nated, or self - luminous, shall be provided in all interior exit corridors serving guest rooms of hotels in Group R Division 1 Occupancies. The bottom of the sign shall not be less than six inches (6 ") or more than eight inches (8 ") above the floor level. For exit doors, the sign shall be on the door adjacent to the door with the closest edge of the sign within four inches (4 ") of the door frame. (g) Amusement Building Exit Marking. Approved directional exit marking and exit signs shall be provided in accordance with the Building Code. Approved low -level exit signs and directional marking shall be located not more than eight inches (8 ") above the walking surface and at the exit path. Such marking shall be activated in accordance with the Building Code. See U.B.C. Section 610(c). (15) Section 87.103 of the Uniform Fire Code is hereby amended by the addition of new paragraphs (r)(s) to be and read as follows: (r) Combustible Material Storage. The storage of combustible materi- als used for construction shall be located at a distance no greater than one hundred feet (100') from a dedicated public street or emergency access easement. If required, the authority having jurisdiction may require key access as outlined in Section 10.302 of this code. (s) Permits. The following permits are applicable to construction projects. The use and storage of Class I, II, III, flammable or combustible liquids; use of explosive or blasting agents; excava- tion within ten feet (10') of a flammable liquid transportation line; use of liquified petroleum gas, LPG; storage of lumber in excess of 100,000 board feet; use of warming fires or portable heating appliances; welding and cutting operations; rubbish fires used in the process of clearing land. Refer to fee ordinance. (16) Section 10.507, paragraph (c)(1),(c)(3) and (d) of the Uniform Fire Code is hereby amended to read as follows: Group A Occupancies. 1. Night clubs, discos and restaurants. An automatic sprinkler system shall be installed in all occupancies used for drinking or dining when the total occupancy area exceeds five thousand (5,000) square feet regardless of the area wall separation from other unseparated rooms or area uses. * * ** Ordinance No. 1088 , Page 12 of 18 3. Assembly areas, exhibition and display rooms. An automatic sprinkler system shall be installed in Group A Occupancies which have more than 10,000 sq. ft. of floor area which can be used for exhibition, assembly or display purposes regardless of area separations. * * ** (d) Group B, Division 2 Occupancies. An automatic sprinkler system shall be installed in all occupancies classed as Group B, Division 2 where the floor area exceeds twelve thousand (12,000) sq. ft. on any floor or twenty -four thousand (24,000) sq. ft. on all floors or in Group S, Division 2 occupancies three (3) or more stories in height, regardless of any area separations. The area of mezzanines shall be included in determining the areas where sprinklers are required. (17) Section 10.501 of the Uniform Fire code is hereby amended by adding the following paragraphs (d)(e)(f) and (g) to be and read as follows: (d) A plan review, installation permit, and fire inspection fee shall be paid to the Fire Marshal's Office as set forth in Chapter 1 1/2 of this Code of Ordinances. (e) Registration of Contractors: Contractors who perform services including, but not limited to the repairs, maintenance or instal- lation of fire sprinkler systems, fire alarm systems, fixed chemical systems and /or portable appliances, flammable and /or combustible tanks, lines and /or pumps shall be required to maintain a registration with the city before performing any type of work except those who have been specifically excluded by any state or federal provision. Each contractor shall furnish the Fire Marshal with written notice of contractor's permanent business address, telephone numbers, and copies of current business licenses or registrations. (f) Registration fees: For a contractor's registration, a fee shall be paid in addition to other provisions provided. The fee for initially establishing registration data shall be as set forth in 1 1/2 of this Code of Ordinances. The annual renewal fee for continuing the validity of registration data shall be as set forth in 1 1/2 of this Code of Ordinances. Exception shall be those contractors who have been specifically excluded by any state or federal provision. Regsitration Renewal: The license may be renewed for the ensuing calendar year by filing a new registration and the p ayment of a renewal fee as set forth herein. Failure to renew registration within 30 days of expiration of same shall require a new regis- tration and the usual fee for new registration. No refund will be paid in the event of the revocation or surrender of any such certificate or license. (9) Ordinance No. 1088 , Page 13 of 18 (18) Section 10.504 of the Uniform Fire Code is hereby amended by adding the following paragraphs (d)(e) and (f) to be and read as follows: (d) All fire protection systems shall be maintained in accordance with Section 10.504(a). The Fire Marshal shall be notified of any required fire alarm system, fire sprinkler or standpipe system or any other type of fire protection system that is to be out of service for a period greater than four (4) clock hours. When systems are to be out of service for a period greater than four (4) clock hours, and when, in the opinion of the Fire Marshal, a watch is essential for the safety of the building's occupants, a fire watch shall be posted as directed by the Fire Marshal. Standby personnel shall be required as provided by this code. (e) Occupancies having a required fire protection system shall have and maintain a maintenance contract with a State licensed and certified agency authorized to provide for repairs and adjust- ments of the system as needed to keep it operable at all times. (f) Such maintenance contract shall provide for twenty -four hour emergency service with not more than a two (2) hour response time. The name of the service company and emergency phone numbers shall be made available at the property location in a manner that is acceptable to the Fire Marshal. A copy of the maintenance contract shall be made available to the Fire Marshal or his authorized representative upon request. (19) Subsection (e) of Section 12.106 entitled "Doors" of Article 12 of the Uniform Fire Code is hereby amended to be and read as follows: (e) Special Egress - Control Device. When approved by the Fire Mar- shal, exit doors in Group B, Division 2 occupancies may be equipped with approved special egress - control devices provided the building is protected throughout by an approved automatic fire sprinkler system and an approved automatic smoke and heat detection system. The unlatching of special egress - control devices may be by panic hardware, or electric button that meets the requirements set out below. If photo electric or motion detectors are used, they may be used in conjunction with the button device, but not in lieu thereof. Special egress - control devices shall be subject to the following regulations and requirements: 1. The design and installation shall: A. Automatically de- activate the egress - control device upon the activation of the Fire Sprinkler System and /or the Fire Alarm System. Ordinance No. 1088 , page 14 of 18 B. Automatically de- activate the egress - control device upon the loss of electrical service from the primary power source or secondary power source, if available, to any of the follow- ing: (i) The Egress- Control Device; (ii) The Smoke/Heat Fire Alarm Detection System; (iii) The Exit illumination as required by U.B.C. 2. The control button used for un- latching a single door shall be located no more than twelve (12) inches from the door being used for exiting and shall be placed at the unhinged side of the door a minimum of thirty (30) inches and a maximum of forty -four (44) inches above the floor. In the case of double doors, the loca- tion of the unlatching device shall be reviewed and approved by the Fire Marshal but in no case shall it be placed further than six inches (6) from the door frame. EXCEPTION: This provision only applies to occupancies that are restricting egress with door locking devices. Occupancies that restrict or control access (ingress) only need to comply with the egress requirements established and set out in Article Twelve (12) of the Uniform Fire code, and chapter five (5) of the NFPA Standards 101, Life Safety Cade. 3. The unlatching shall not require more than one operation. Any electrical egress device shall have a minimum time delay of 20 seconds before latching occurs. 4. A sign shall be located adjacent to the unlatching control device and must read "Push to Exit ". The letters of the sign shall be at least one inch (1 ") in height and shall have a stroke of not less than one - eighth inch (1/8 ") with a contrasting background. 5. The button by which the unlatching device is operated shall not be less than one and one -half inches (1 1/2 ") in diameter, readily visible, and shall be red in color and shall not be required to be held in for unlatching to occur. EXCEPTION: Any button color other than red must be approved by the Fire Marshal. Button must be contrasting in color and readily distinguishable. 6. Where special egress - control devices with or without time delays are installed in accordance with the U.B.C., they shall be maintained in a workable condition. Ordinance No. 1088 , Page 15 of 18 (20) That section 10.504 entitled "Maintenance" of Article 10 of the Uniform Fire Code, is hereby amended by adding a new paragraph (g) to be and read as follows: (g) 1. STATE RULES AND REGULATIONS. The Fire Marshal and /or his authorized representative(s) shall have local enforcement authority regarding the rules and regulations as established by the State Board of Insurance in Article 5.43 of the Texas Insurance Code. The rules and regulations specifically designated for enforcement are: Article 5.43 -1, Extinguisher Rules; Article 5.43 -2, Fire Alarm Rules; Article 5.43 -3, Sprinkler Rules; Article 5.43 -4, Fire Works Rules. 2. The Fire Marshal as the local authority conducting the review on behalf of the state shall inspect the installa- tion, maintenance, repair, or jobbing of provisions as outlined in the rules and regulations established by the insurance code and cause the same to be complied with. 3. The Fire Marshal and /or his authorized representative(s) may issue to the person, firm, or corporation found in violation any of the provisions, that is subject to the local authority review and acceptance, a misdemeanor citation for each violation. The penalty for each violation thereof shall be set by the adopted and enforcing ordinance. 4. Violation of Provisions that are clearly the responsibility of the State shall be forwarded to the enforcement authority of the state at the earliest opportunity. (21) Table 79.202 -A Footnote 8 of the Uniform Fire Code is hereby amended to read as follows: In buildings used for wholesale and retail sales which are protected by an approved automatic sprinkler system, the aggre- gate quantities of flammable and combustible liquids in control areas accessible to the public are allowed to be increased to a density of one gallon per square foot for Class I -A, and two gallons per square foot for Class I -B, Class 1--C, Class II and Class III -A liquids. The floor area over which the density factor is applied shall be only that area actually being used for storage, including contiguous aisle space. The allowable quanti- ties in the flammable and combustible liquids storage area shall be uniformly distributed therein. Increases provided in footnotes numbered 4 and 5 shall not apply. Ordinance No. 1088 , page 16 of 18 II. That Section 6 -5 "Arson Reward" of Article I, "In General" of Chapter 6 "Fire Protection and Prevention" of the Code of Ordinances of the City of Euless, Texas is hereby amended to read as follows: Section 6 -5. The City of Euless hereby offers a reward of five hundred dollars (500.00) for the arrest and conviction of any person found guilty of committing the crime of arson within the city. This reward is a standing reward offer, and shall be paid out of the general fund of the city to the recipient, upon appli- cation by the Fire Marshal and its approval by the City Manager Chapter 6 of the Code of Ordinances, City of Euless, Texas, is hereby amended by the addition thereto of the following new section which shall hereafter be and read as follows: Section 6 -74. Authority to Establish Policy Standards. The Fire Marshal shall have authority to establish certain policy guidelines or standards regulating various provisions of the Fire Code that are subject to the standardization of construction methods and /or local interpretation. The Fire Marshal shall have the authority to outline conditions for the installation and testing of fire protection equipment and appliances and provide for code consis- tency to rules, regulations, or laws with county, state or federal agencies. Copies of these policy statements and interpretations are on file with the City Secretary. ORDINANCES REPEALED. Ordinance 888, and all ordinances amendatory thereto; are expressly superseded by the terms of this ordinance. Fire Marshal permits heretofore issued under the existing ordinances shall be valid for the time for which they were issued under the existing Fire Code; however, upon expiration of said date, the same shall become void. Iv. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such invalid or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. Ordinance No. 1088 , Page 17 of 18 V. PENALTY FOR VIOLATION. Any person, firm or corporation violating the terms and provisions of this chapter shall be deemed guilty of a misdemeanor, and shall be punished as provided in Section 1 -6 of this Code of Ordinances, and each day that such violation continues shall be a separate offense; this penalty shall be cumulative of all other remedies. Any such violation shall be deemed a viola- tion of a provision governing public health and sanitation under said Section 1 -6 of this Code. VI. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND GIVEN FIRST AND FINAL READING at a regular meeting of the Euless City Council on the 25th day of August , 1992, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: Mara d D. Samuels, Mayor ATTEST: Susan Crim, ity Secretary APPROVED AS TO FORM: City Attorney Ordinance No. 1088 , Page 18 of 18 Kim Sutter From: Paul Smith Sent: Monday, August 13, 2012 11:02 AM To: Kim Sutter Cc: Wes Rhodes Subject: Policy Statement Attachments: EFO- FMO -32 -1 2009 IFC Formal Interpretations - Policy Standards.doc Kim, The way I read the Ordinance (which is referenced in the attached document), I need to file this with you to "keep it legal ". This document will be updated from time to time and contains "official" interpretations etc. of the codes until they are formalized into ordinance form. In each case, I run the issue and proposed change before the fire chief and city manager before the updates come to you. Plan is that in about a year we will compile all of these into an ordinance revision as another amendment to the fire code. If you have any questions, please give me a shout. Tha nks, Paul Paul Smith Division Chief /Fire Marshal Euless Fire Department 817 -685 -1600 Please note my new email address: psmith@eulesstx.gov 1 DISCLAIMER: EULESS FIRE DEPARTMENT FIRE MARSHAL'S OFFICE POLICY STATEMENT Formal Interpretation and Policy Standards for 2009 IFC 07/12 Fire Chief Wes Rhodes Fire Marshal Paul Smith EFD -FMO 32-1 2009 International Fire & Building Cale as Amended NFPA Standards Adopted This document is not intended to be all inclusive, but rather to be a dynamic document to address those formal interpretations that are not found in topic specific information lines. The following policy standards involving the application of the provisions of the 2009 International Fire Code are invoked and in effect as included herein. The authority to establish a policy standard is included in the Code of Ordinances under Section 34 -75. Policy standards included herein are submitted to the city secretary after approval by the fire chief and the city manager. "Sec. 34 -75. - Authority to establish policy standards. The fire marshal shall have authority to establish certain policy guidelines or standards regulating various provisions of the fire code adopted in this chapter that are subject to the standardization of construction methods and /or local interpretation. The fire marshal shall have the authority to outline conditions for the installation and testing of fire protection equipment and appliances and provide for code consistency to rules, regulations, or laws with county, state or federal agencies. Copies of these policy statements and interpretations are on file with the city secretary. (Ord. No. 1088, § 14 8- 25 -92)' Formal Standards: Section 308.1.2 of the 2009 International Fire Code (Throwing or placing sources of ignition.) shall include the following sentence. "This section shall apply to dream lanterns and any similar device in which a burning object is placed in a device which is intended to be released into the atmosphere." Purpose: The rise in popularity of devices in which a candle is placed inside a combustible balloon or sack type material and is released into the atmosphere creates a significant fire risk. This is due to the open flame located inside a combustible container, being released with no control on where it will ultimately land. This poses a risk of fire and injury to the community as a whole. Page 1 of 2 Section 1008.1.10. of the 2009 International Fire Code shall read as follows: "Section 1008.1.10 Panic and fire exit hardware. Doors serving a Group H occupancy and doors serving rooms or spaces with an occupant load of 50 or more shall not be provided with a latch or lock unless it is panic hardware or fire exit hardware. {remainder of the section to remain unchanged }" Purpose: The 2009 International Fire Code only requires panic hardware on Group A, H and E occupancies. This is a deviation from long established practices in the codes in effect in the city. It has been the intent of the City government, through prior adopted codes and amendments to adopted codes, to require all occupancies with an occupant load of 50 or more regardless of occupancy type or use to be equipped with panic or fire exit hardware. This policy statement will serve as a temporary interpretation and application pending formal inclusion of the above described language into the WC at a future date. Page 2or2