§ 13-32. [International Fire Code adopted.]
That [a] certain document, one (1) copy of which is on file in the Office of the City Secretary of the City of Eagle Pass, Texas, being marked and designated as the 2015 International Fire Code , together with all appendices contained therein unless specifically excluded by this section, as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Eagle Pass, 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 therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said fire code are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions and changes, if any, prescribed in this section.
The following sections of the 2015 International Fire Code (IFC) adopted in this section are hereby amended as follows:
A.
IFC Section 101.1 Title. These regulations shall be known as the Fire Code for the City of Eagle Pass, Texas.
B.
IFC Section 103.1 General . The office of the fire marshal is established as law enforcement office and a division of the fire department within the City of Eagle Pass under the direction of the fire chief. The function of the office shall be the implementation, administration and enforcement of the provisions of this code.
C.
IFC 103.2 Appointment. The fire marshal shall be appointed by the City Manager and report to the Chief of the City of Eagle Pass Fire Department. The fire marshal shall serve as the fire code official for purposes of the administration of this code.
D.
IFC Section 104.5 Notices, orders and citations. The fire marshal is authorized to issue notices, orders, and citations to affect compliance with this code. At such time as an inspection is conducted by the fire marshal's office and fire code violations are found to exist, written notice specifying the defects is to be provided to the (a) business owner or any person in charge of the premises and (b) the property owner of record. A reasonable amount of time may be given, at the discretion of the fire marshal, to abate the violation. If a violation of the fire code is unabated after the written notice is delivered and the compliance due date has expired, then the fire marshal may issue a citation to the business owner, or to any person in charge of the premises, or the property owner.
The following violations are to be considered to be of such a serious nature that a citation may be issued without prior written notice:
(a)
Locked or blocked exits in assembly or educational occupancies, as provided in IFC Section 1030.3.
(b)
Non-functional or disabled fire alarms as provided in IFC Section 907.9.1.
(c)
Closed valves to sprinkler systems as provided in IFC Section 901.6.
(d)
Overcrowded conditions as provided in IFC Section 107.6.
(e)
Unauthorized burning as provided in IFC Section 307.1.1.
(f)
No smoke detectors where required by IFC Section 906.1.
(g)
Any other condition that, in the opinion of the fire marshal, poses an imminent danger as provided in Section 109.1.1.
E.
IFC Section 104.10 Fire investigations. The fire marshal shall have the authority to investigate the origin, cause, and circumstance of any fire, explosion, or other hazardous condition. The fire marshal shall initiate the investigation of an intentionally-set fire and arrest and cause to be charged those responsible for the offense. Information that could be related to trade secrets and processes or proprietary information shall not be made part of the public record except as directed by a court of law. There is hereby authorized payment of the cash amount of one thousand dollars ($1000.00) for information leading to the arrest of any person or persons who have committed the crime of arson, as such offense is defined by the Texas Penal Code, at any place within the corporate limits of the city.
F.
IFC Section 105.4.1 Application submittals. Two sets of construction documents and supporting data shall be submitted to the fire marshal with each application for a permit in the following form and detail:
1.
Building construction plan review.
a.
A completed application form for building construction.
b.
The use and occupancy classification: Assembly Group A , Business Group B , Factory Group F , High Hazard Group H , Institutional Group I , Mercantile Group M , Residential Group R , Storage Group S , or Utility and Miscellaneous Group U . A Group R occupancy that is more than three stories in height shall require additional construction requirements.
c.
The total square-footage and the square-footage of each occupancy in multiple occupancy spaces.
d.
Information as to whether or not a fire sprinkler system or other fire protection system is to be provided.
e.
The type of construction classification: Type IA , Type IB , Type IIA , Type IIB , Type IIIA , Type IIIB , Type IV , Type VA , or Type VB.
f.
Documentation regarding the operation of the proposed business. The fire marshal may require a complete diagram showing the storage configuration for the Business Group B , Factory Group F , High Hazard Group H , Mercantile Group M , Storage Group S , or Utility and Miscellaneous Group U . Note that the storage of combustibles is not permitted within 18-inches of any ceiling for a fire sprinkled occupancy and 24-inches for a non-sprinkled occupancy.
g.
The number, type, size, separation, width, and arrangement of exit pathways, including corridor rating, travel distance, and common path of travel.
h.
Egress plan indicating the required exists, path of travel, travel distance, and floor fixtures.
i.
Wall and ceiling finishes, in accordance with the fire code, for all corridors, rooms, and enclosed spaces.
j.
Tenant separation wall/demising wall of a minimum 2-hour fire rated construction. The 2-hour designation shall be clearly indicated on the plan. The fire marshal may require a higher-rated wall based upon occupancy and adjacent uses.
k.
A complete list of any type of special hazards or hazardous materials, including storage and location information.
l.
The location of occupancy separation walls, in accordance with the provisions of the International Building Code (IBC).
m.
Indicate the location of any flammable or combustible liquid storage tank.
n.
Indicate the location and size of all fire extinguishers, with a minimum of one 2A-10BC fire extinguisher every 3,000-square-feet and a travel distance of 75-feet.
o.
Indicate the location of the building address placard, which shall be legible from both the street and fire lane.
p.
Emergency lighting details per the fire code, including electrical and mechanical plans.
q.
Exit lighting details per the fire code, including electrical and mechanical plans.
r.
The location of all means-of-egress exit doors. The doors shall be capable of locking or latching and be operable from the inside of the building without the use of a key, any special knowledge or effort, or provided with panic hardware. Indicate the type of egress hardware on all exits.
s.
Indicate the type and location of any special protection system, such as ventilation, smoke dampers, smoke control, kitchen hood, or water storage tank.
2.
Fire sprinkler plan review.
a.
A completed application form for fire sprinkler installation.
b.
A copy of the system designer, contractor/company, and installer current licenses issued by the State of Texas.
c.
A description of the system design.
d.
Building information, including the hazard type and construction type.
e.
Manufacturer's product information sheets of listed devices and equipment.
f.
Hydraulic calculations.
g.
Friction loss calculations.
h.
Piping and fittings specifications.
i.
Riser diagram and specifications.
j.
List of materials.
k.
A plan, at no less than one-eighth ( 1/8 ) scale, containing the following information:
(1)
Hydrant locations and distance, and the size(s) of water mains.
(2)
North arrow.
(3)
Legend with sprinkler head specifications.
(4)
Floor plans, free of extraneous information.
(5)
All rooms labeled for intended use, including dimensions.
(6)
Hanger details.
(7)
Full-height cross-section of each floor.
(8)
Location of partitions and fire walls.
(9)
Total number of heads for each riser per floor.
(10)
Location of all risers.
(11)
Locations of all piping and sizes.
(12)
Location of two and one-half (2½) Siamese FDC.
(13)
Location of alarm bells.
(14)
Capacity of dry-pipe or anti-freeze systems.
(15)
All labeling and signage posted in accordance with NFPA 13, NFPA 13D, and NFPA 13R.
(16)
System designer stamp with wet signature.
3.
A fire sprinkler system modification permit application shall include the following information:
a.
Completed application form.
b.
A copy of the system designer, contractor/company, and installer current licenses issued by the State of Texas.
c.
Two copies of no less than one-eighth ( 1/8 ) scaled plans that include a legend showing the existing, relocated, or additional, or plugged heads or line devices.
d.
Cut sheets for each new device or piece of equipment.
e.
Indication of hazard type for area served.
4.
Commercial kitchen fire suppression system plan review.
a.
A completed application form for commercial kitchen fire suppression system installation.
b.
A copy of the system designer, contractor/company, and installer current licenses issued by the State of Texas.
c.
A description of the system design.
d.
Manufacturer's product information sheets of listed devices and equipment.
e.
Flow rates of nozzles.
f.
Piping specifications.
g.
List of materials.
h.
Addressable device list/zone.
i.
A plan, at no less than one-eighth ( 1/8 ) scale, containing the following information:
(1)
North arrow.
(2)
Legend.
(3)
Floor plan, reflecting the entire building/suite, as well as the area of operation.
(4)
All rooms labeled for intended use, including dimensions.
(6)
Arrangement of appliances.
(7)
Layout of piping.
(8)
Nozzle arrangement.
(9)
Location of pull station.
(10)
Location of gas shut-off and/or shunt-trip
(11)
Locations of all exits and means of egress.
(12)
System designer stamp with wet signature.
G.
IFC Section 105.7.6 Fire alarm and detection systems and related equipment. A construction permit is required for the installation of or modification to fire alarm and detection systems and related equipment. Maintenance performed in accordance with this code is not considered a modification and does not require a permit.
Fire alarm and detection systems shall meet the requirements of the International Fire Code and the applicable National Fire Protection Association (NFPA) standards. All final system testing and inspections shall be witnessed by the fire marshal.
1.
A fire alarm and detection system permit application shall include the following information:
a.
A completed application form.
b.
A copy of the system designer, contractor/company, and installer current licenses issued by the State of Texas.
c.
System design description, the manufacturer's product information sheets of listed devices, battery calculations, voltage drop calculations, wiring specifications, a riser diagram, a materials list, addressable device list/zone legend, and a list of primary and secondary power.
d.
One copy of no less than one-eighth ( 1/8 ) scaled plans that include a legend, a north arrow, floor plans free of extraneous information, all rooms labeled for intended use, separate circuit wiring [not conduit] for initiating and indicating circuits, completed device to device drawing including end-of-line resistors where applicable, device address numbers, and the system designer's stamp with wet signature.
2.
A fire alarm and detection system modification permit application shall be required for work involving up to ten (10) devices, and shall include the following information:
a.
Completed application form.
b.
A copy of the system designer, contractor/company, and installer current licenses issued by the State of Texas.
c.
Two copies of no less than one-eighth ( 1/8 ) scaled plans that include a legend, the existing, relocated or additional devices, and the system designer's stamp with wet signature.
d.
Cut sheets for each new device or piece of equipment.
H.
IFC Section 108.1 Building Codes Council established.
A.
The City of Eagle Pass Building Codes Council is hereby established and shall hear and decide appeals of orders, decisions or determinations made by the fire marshal relative to the application and interpretation of this code.
BCC appointments shall be made by the City Council, and Board members shall serve at the pleasure of the City Council.
B.
An appeal shall be based upon a claim that (a) the true intent of the fire code has been incorrectly interpreted, (b) the provisions of the fire code do not fully apply, or (c) an equally good or better form of construction is proposed.
C.
The BCC is not authorized to waive the requirements of the fire code.
D.
Appeals of orders, decisions, or determinations made by the fire marshal relative to the application and/or interpretation of the code adopted herein shall be filed with the fire marshal in writing within thirty (30) days of the date of the order, decision, or determination together with a one hundred fifty dollar ($150) appeal processing fee. Failure to appeal within thirty (30) working days of written notification of action or determination shall waive any right to an administrative determination of the matter.
E.
Except for any action undertaken pursuant to IFC Section 104.5 as amended by this ordinance, the enforcement of any notice and order by the building official shall be stayed until final determination of the appeal is made by the BCC or a court of law under judicial appeal.
F.
The appeal hearing process shall conform to Section 20 of City of Eagle Pass Code of Ordinances Appendix A .
I.
IFC Section 109.4 Violation penalties. 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 directive of the fire code official, or of a permit or certificate used under provisions of this code shall be guilty of a Class C Misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00). Each day that a violation continues after due notice has been served shall be deemed a separate offense.
J.
IFC 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 that person is directed to perform to remove a violation of unsafe condition, shall be liable to a fine of not less than two hundred fifty dollars ($250.00) or more than five hundred dollars ($500.00).
K.
IFC Section 113.2 Schedule of inspection/permit fees . A follow up second re-inspection fee is not required. The fees are as follows:
A.
Yearly inspections and final inspections.
(1)
Fire code compliance inspection:
a.
A $20.00 inspection fee and a $25.00 third re-inspection fee for a 0-square-foot to 2,500-square-foot building.
b.
A $25.00 inspection fee and a $35.00 third re-inspection fee for a 2,501-square-foot to 5,000-square-foot building.
c.
A $35.00 inspection fee and a $55.00 third re-inspection fee for a 5,001-square-foot to 10,000-square-foot building.
d.
A $45.00 inspection fee and a $75.00 third re-inspection fee for a 10,001-square-foot to 25,000-square-foot building.
e.
A $55.00 inspection fee and a $120.00 third re-inspection fee for a 25,001-square-foot to 50,000-square-foot building.
f.
A $80.00 inspection fee and a $170.00 third re-inspection fee for a 50,001-square-foot to 100,000-square-foot building.
g.
A $120.00 inspection fee and a $220.00 third re-inspection fee for a 100,001-square-foot to 500,000-square-foot building.
h.
A $200.00 inspection fee and a $350.00 third re-inspection fee for a building greater than 500,001-square-feet in size.
(2)
Fire alarm acceptance test and inspection: $30.00
(3)
Fire sprinkler acceptance test and inspection: $30.00
(4)
Fixed pipe suppression system inspection and test: $30.00
(5)
Fire drill: $30.00
(6)
Flammable/combustible tank installation inspection: $100.00
(7)
Flammable/combustible tank removal inspection: $30.00
(8)
Residential custodial care facility inspection, upon request: $30.00
(9)
Outdoor burn permit: $75.00
(10)
Fire watch: to be determined based on employee pay rate and number of hours.
B.
Special fees.
(1)
Flood and rescue after warning and disobeying emergency personnel instructions or barricades, each: $400.00.
(2)
Athletic events stand-in, each: $175.00
(3)
Environmental reports, each: $25.00
(4)
Hose rental, per day: $10.00
(5)
SCBA tank filling, each: $10.00
C.
The city manager is hereby authorized and directed to collect the following fees for services provided by the fire marshal:
Permit fees.
(1)
Fire alarm plan or modification: $30.00
(2)
Fire sprinkler plan or modification: $30.00
(3)
Commercial kitchen fire suppression system: $30.00
(4)
Flammable/combustible storage tank installation: $30.00
L.
IFC Section 307 Outdoor burning. The following provisions are applicable to open burning within the City of Eagle Pass and the Extraterritorial Jurisdiction.
(a)
Adoption of Texas Administrative Code Regarding Outdoor Burning. The city hereby adopts the outdoor burning rules as outlined in the Texas Administrative Code, Title 30, Part I, Chapter 111, Subchapter B, and as may be amended. If a conflict occurs between the Texas Administrative Code and this Section, the most stringent provision shall prevail.
(b)
Outdoor burning prohibited. Outdoor burning of any kind is prohibited, except where such burning is authorized pursuant to an exception as specified below or, by a permit issued by the city. This prohibition includes the burning of household trash, furniture, electrical insulation, treated and untreated lumber, plastics, non-wood construction/demolition materials, heavy oils, asphaltic materials, chemical wastes, natural or synthetic rubbers, garbage of any form, or municipal solid waste, including grass, leaves, and branch trimmings.
(c)
Outdoor disposal or deposits of ignitable material prohibited. The outdoor disposal or disposition of any material capable of igniting spontaneously, with the exception of solid fossil fuels, is prohibited.
(d)
Exceptions. Outdoor burning may be authorized under the following exceptions and where applicable, pursuant to a permit issued by the city:
(i)
Fire training. Outdoor burning shall be authorized for training fire-fighting personnel. Facilities dedicated solely for fire-fighting training shall provide an annual written notification of intent to the fire marshal and the Texas Commission on Environmental Quality ("TCEQ"), and shall provide each with telephone or electronic facsimile notice at least 24-hours in advance of any scheduled training session. No more than one such notification is required for multiple training sessions scheduled within any one-week period, provided the initial notice includes the specific dates and times of all sessions.
(ii)
Outdoor fires for noncommercial food preparation. Outdoor fires are allowed for cooking, provided such fire is built and maintained in a pit that fully contains the fire, or a fireproof container such as a barbeque pit or chimney, made of brick, stone, metal or other fireproof material in such a manner as to prevent any fire from escaping. Outdoor fires for non-commercial food preparation do not require a burn permit. This exception does not permit or authorize the burning of waste or other matters not being prepared for consumption.
(iii)
Fires used for recreation and ceremony. Outdoor burning may be authorized for fires used solely for recreational or ceremonial purposes pursuant to the issuance of a city permit.
(iv)
Disposal fires. The city may authorize outdoor burning for the following purposes and pursuant to a city-issued permit:
A.
Diseased animal carcass burning where burning is the most effective means of controlling the spread of disease.
B.
On-site burning of trees, brush, and other plant growth for right-of-way maintenance, land clearing operations, and maintenance along water canals when a practical alternative to burning does not exist and when the materials are generated only from that property. Sensitive receptors (neighboring properties, persons, animals) must not be negatively affected by the burn. For a single project entailing multiple days of burning, an initial notice delineating the scope of the burn is sufficient if the scope does not constitute circumvention of the rule for a continual burning situation.
C.
Crop residue burning for agricultural maintenance purposes when no practical alternative exists. Structures containing sensitive receptors must not be negatively affected by the burn.
D.
Brush trees and other plant growth causing a detrimental public health and safety condition may be burned by a local government at a site it owns upon receiving approval from the fire marshal. Such a burn shall only be authorized where there is no practical alternative, and it may be done no more frequently than once every two months.
(v)
Prescribed burn. The city may authorize outdoor burning for prescribed burning for forest, range, and wild land/wildlife management purposes pursuant to the issuance of a city permit. Such burning is prohibited where the fire marshal determines that the burning will have an adverse effect on any building or structure. In addition, the fire marshal may revoke the authority to burn at any time if the burning causes nuisance conditions, is not conducted in accordance with the specified conditions, violates any provision of an applicable permit, or causes a violation of any air quality standard.
(vi)
Hydrocarbon burning. The city may authorize outdoor burning for hydrocarbon burning from pipeline breaks and oil spills only upon proper notification to TCEQ and after the fire marshal has determined that the burning is necessary to protect the public health, safety, and welfare. Sampling and monitoring may be required to determine and evaluate environmental impacts.
(vii)
Other necessary burning. If not otherwise authorized by this Section, outdoor burning may be authorized by city permit if there is no practical alternative and if the burning will not cause or contribute to a nuisance, traffic hazard or to a violation of any federal or state primary or secondary ambient air standard. The fire marshal may specify procedures or methods to control or abate emissions from outdoor burning authorized pursuant to this rule. The fire marshal may revoke the authority to burn at any time if the burning causes nuisance conditions, is not conducted in accordance with the specified conditions, violates any provision of an applicable permit, or causes a violation of any air quality standard.
(e)
Revocation of permit or authority to burn. The fire marshal is authorized to revoke any person's or entity's right to conduct an outdoor burn, and to pursue any legal recourse against the person or entity, if the fire marshal determines that federal or state law, this Section, or a permit was violated.
(f)
Responsibility for consequences of outdoor burning. The authority to conduct outdoor burning under this Section does not exempt or excuse any person responsible from the consequences, damages, or injuries resulting from the burning, and does not exempt or excuse anyone from complying with all other applicable laws or ordinances, regulations and orders of governmental entities having jurisdiction, even though the burning is otherwise conducted in compliance with this Section. Further, each permitted assumes all liability and responsibility for all damages to all persons or property caused by burning hereunder.
M.
IFC Section 5704.2.9.6.1 Locations where above-ground tanks are prohibited. Storage of Class I and Class II liquids in above-ground tanks outside a building is prohibited within the corporate boundary for the City of Eagle Pass, unless specifically authorized by the fire marshal based on Federal, State and local laws governing such installations.
N.
IFC Section 5706.2.4.4 Locations where above-ground storage tanks prohibited . The storage of Class I and Class II liquids is prohibited within the corporate boundary for the City of Eagle Pass, unless specifically authorized by the fire marshal based on Federal, State and local laws governing such installations.
O.
IFC Section 5806.2 Limitations. The storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited within the corporate boundary for the City of Eagle Pass, unless specifically authorized by the fire marshal based on Federal, State and local laws governing such installations.
P.
IFC Section 6104.2 Maximum capacity within established limits . For the protection of heavily-populated or congested areas, the storage of liquefied petroleum gas at any one installation shall not exceed a water capacity of 250-gallons, unless specifically authorized by the fire marshal based on Federal, State and local laws governing such installations.
Q.
Appendix A Board of Appeals is not adopted, Appendix B Fire Flow Requirements for Buildings is adopted, Appendix C Fire Hydrant Locations is not adopted, Appendix D Fire Apparatus Access Roads is adopted; Appendix E Hazard Categories is adopted, Appendix F Hazard Ranking is adopted, Appendix G Cryogenic Fuels; Weight and Volume Equivalents is not adopted. Appendix H Hazardous Materials Management Plan (HMMP) and Hazardous Materials Inventory Statement (HMIS) is not adopted , Appendix I Fire Protection Systems; Non-Complaint Conditions is adopted, Appendix J Building Information Sign is not adopted; Appendix K Construction Requirement for Existing Ambulatory Care Facilities in adopted, and Appendix L Requirements for Fire Fighter Air Replenishment System is not adopted.
(Ord. No. 2012-10, § 2, 5-1-2012; Ord. No. 2016-13, § 3, 3-22-2016; Ord. No. 2016-29, § 6, 9-20-2016)