HomeMy WebLinkAboutOrdinance No. 09-179001?1G11V4jZ THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. 09-1790
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING OF THE CODE OF ORDINANCES, BY REPEALING
CHAPTER 9, FIRE PROTECTION AND PREVENTION, IN ITS
ENTIRETY AND REPLACING WITH A NEW CHAPTER 9, FIRE
PROTECTION AND PREVENTION; PROVIDING FOR THE
ESTABLISHMENT, OF THE FIRE DEPARTMENT; PROVIDING FOR
THE CHIEF; PROVIDING FOR COMPOSITION AND MEMBERS;
PROVIDING FOR THE SELECTION OF MEMBERS; PROVIDING FOR
THE OFFICE OF THE FIRE MARSHAL; PROVIDING FOR THE
ORGANIZATION; PROVIDING FOR PROPERTY; PROVIDING FOR
DUTIES; PROVIDING FOR NEW MATERIALS, PROCESSES OR
OCCUPANCIES WHICH MAY REQUIRE PERMITS; PROVIDING FOR
AN APPEAL; PROVIDING FOR ARSON REWARD; PROVIDING FOR
THE ADOPTION OF THE FIRE CODE; PROVIDING FOR
VOLUNTARY EMERGENCY MEDICAL SUBSCRIPTION SERVICES;
PROVIDING FOR THE ASSESSMENT OF A FEE; PROVIDING FOR
CONDITIONS; PROVIDING FOR DISCONTINUANCE OF SERVICE;
PROVIDING FOR DELINQUENCY; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Chapter 9 of the Code of Ordinances provides for the City of The Colony Fire
Department; and
WHEREAS, after staff conducted a thorough review of the provisions contained in
Chapter 9, staff made a recommendation to the City Council to update and reorganize said
chapter; and
WHEREAS, the City Council agrees with the recommendation made by the staff to update
and reorganize the same; and
WHEREAS, the City Council finds that Chapter 9 should be repealed in its entirety and
replaced with a new Chapter 9 that provides for updates to fire regulations and a reorganization of
said Chapter.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the Code of Ordinances of the City of The Colony, Texas be, and the
same is, hereby amended by repealing Chapter 9, Fire Protection and Prevention, in its entirety
and replacing with a new Chapter 9, Fire Protection and Prevention, which shall read as follows:
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"Chapter 9
FIRE PROTECTION A.'VD PREVENTION
ARTICLE I. FIRE DEPARTMENT
Sec. 9-1. Established.
There is hereby established a fire and rescue department to be known as The Colony Fire
Department.
Sec. 9-2. Chief to head department.
The fire chief shall be the administrative and operational head of the fire department. The
fire chief shall work under the direction of the city manager.
Sec. 9-3. Composition.
The fire department shall be composed of qualified fire personnel approved by the fire chief
and who have complied with all the rules, regulations and orders for the conduct and control of
the members thereof.
Sec. 9-4. Selection of members.
Selection of candidates for the fire department shall be as follows:
(1) Officers and personnel of the department shall be selected based on their
professional qualifications, abilities, and shall have the required licenses to hold
such position.
(2) The fire chief shall organize such department so as to provide efficient and
qualified personnel to engage in fire prevention and suppression.
(3) Selection criteria for each appointment shall be established by the fire chief and
his administrative staff.
Sec. 9-5. Office of the Fire Marshal.
(a) The office of the fire marshal is hereby created. Such office shall be under the
direction of the fire chief with the fire marshal reporting directly to the fire chief. The
fire marshal shall carry out those duties as enumerated in the International Fire Code as
adopted in this article, including, but not limited to the inspection of all new construction,
and:
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(1) The fire marshal shall investigate the cause, origin and circumstances of every
fire occurring within the city by which property has been destroyed or damaged,
and shall especially make investigation as to whether such fire was the result of
carelessness or design. The fire marshal shall enforce such rules, regulations and
laws as permitted by state law. Such investigation shall be begun within 24
hours, not including Sunday, of the occurrence of such fire. The fire marshal
shall keep in his office a record of all fires, together with all facts, statistics and
circumstances, including the origin of the fires and the amount of the loss, which
may be determined by the investigation required by this section.
(2) The fire marshal, upon complaint of any person having an interest in any building
or property adjacent and without any complaint, shall have a right at all
reasonable hours for the purpose of examination, to enter into and upon all
buildings and premises within the city, and it shall be his duty to enter upon and
make or cause to be entered and made, a thorough examination and routine
inspection on at least an annual basis to ensure compliance with the Fire Code or
other applicable ordinances.
Sec. 9-6. Organization.
Organization of the fire department shall consist of a fire chief with officers as needed to
fulfill administrative and operational functions and such other positions that may be deemed
necessary by the fire chief and approved by the city manager.
Sec. 9-7. Property.
All contributions of firefighting or emergency medical equipment purchased with
donations and all other contributions expressly made to the city shall become the property of
the city.
Sec. 9-8. Duties generally.
The duties of the fire department shall include, but not limited to, the fighting of fires, the
providing of emergency rescue and emergency medical services; the providing of general,
prevention arson investigation, and specific fire prevention services and enforcement; and all
related activities that may be prescribed from time to time by the city manager.
Sec. 9-9. New materials, processes or occupancies which may require permits.
The city council, the fire chief and the fire marshal shall act as a committee to determine
and specify, after giving affected persons an opportunity to be heard, any new materials,
processes or occupancies, which shall require permits, in addition to those now enumerated
in the fire code. The fire marshal shall post such list in a conspicuous place to such officer's
office and distribute copies thereof to interested persons.
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Sec. 9-10. Arson reward.
(a) A reward of $250.00 shall be paid to anyone who secures and furnishes information
necessary to and which results in arrest and conviction of any person or persons who
commit the crime of arson within the corporate limits of the city. This reward is a
standing offer which shall be paid out of the general fund of the city.
(b) It shall be the duty of the fire chief of the city to place, in plain view, within at least
six public buildings located within the city, placards eight inches by 12 inches in size, in
wooden frames under glass.
Secs. 9-11 through 9-25. Reserved.
ARTICLE II. EMERGENCY :MEDICAL StiBSCRIPTION SERVICES
Sec. 9-26. Voluntary emergency medical subscription.
The city hereby offers emergency medical transport and treatment services to residents
within the jurisdictional boundaries of the City of from time to time outside the city pursuant
to appropriate interlocal agreements on a voluntary subscription basis. The subscription shall
cover the subscriber and his immediate family and shall become effective upon the execution
of the applicable form and filing same with the city secretary's office. Forms shall be
available from the city secretary.
See. 9-27. Fee.
The annual fee for the emergency medical subscription shall be as established by
resolution of the city council.
See. 9-28. Conditions.
The conditions that apply to the subscription are as follows:
(1) The subscriber or family member residing in the household shall be entitled to
a maximum of three emergency medical transports per year. Any transports above
the maximum number shall be billed at the regular fee.
(2) ' The transports must be of an emergency nature, not merely ordinary transports
If any dispute arises as to the nature of the transport, the matter shall be referred to
the chief of the fire department whose decision shall be final.
Sec. 9-29. Discontinuance of service.
Any subscriber may discontinue the service by giving the city secretary thirty (30) days'
notice in writing, but in no event may the service be discontinued for one year from the date
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the subscription becomes effective. If the subscriber moves from the city the remaining
balance of the amount due for the first year shall be charged on the final utility bill. A
subscriber who cancels his subscription shall not be eligible to re -subscribe for a period of
six (6) months.
Sec. 9-30. Delinquency.
Any subscriber who is delinquent in his utility bill shall also be deemed delinquent for
emergency medical service, and any transport that occurs while the amount is delinquent
shall be billed at the regular fee.
Sec. 9-31. No priority.
The subscriber shall be entitled to service under the city's customary and normal
operating procedure for providing emergency medical service and shall not be entitled to any
special rights or privileges over and above any other call received for emergency medical
service by virtue of being a subscriber.
Secs. 9-32 and 9-39. Reserved.
ARTICLE IV. FIRE CODE
Sec. 9-40. Fire code; adopted.
(a) Adoption by reference. The International Fire Code, 2006 Edition, as published by
the International Code Council is hereby adopted by reference. Unless deleted, amended,
expanded or otherwise changed herein, all provisions of such Code shall be fully applicable and
binding.
(b) Amendments.
(1) Section 102.1; change to read as follows:
102.1 Construction and design provisions.
5. The provisions of this code apply to buildings built under the IRC and I13C.
(2) Section 102.4; change to read as follows:
102.4 Application of other codes. The design and construction of new structures
shall comply with this code, and other codes as applicable and any alterations,
additions, changes in use or changes in structures required by this code, which are
within the scope of the International Building Code, shall be made in accordance
therewith.
(3) Section 102.6; change to read as follows:
102.6 Referenced codes and standards. The codes and standards referenced in
this code shall be those that are listed in Chapter 45 and such codes, when
specifically adopted, and standards shall be considered part of the requirements of
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this code to the prescribed extent of each such reference. Where differences occur
between the provisions of this code and the referenced standards, the provisions
of this code shall apply. Whenever amendments have been adpted to the
referenced codes and standards, each reference to said code and standard shall be
considered to reference the amendments as well. Any reference to ti FPA 70 or the
ICC Electrical Code shall mean the Electrical Code as adopted.
(4) Section 106.2.1; change to read as follows:
106.2.1 Inspection requests. It shall be the duty of the permit holder or their duly
authorized agent to notify the fire code official when work is ready for inspection.
It shall be the duty of the permit holder to provide access to and means for
inspections of such work that are required by this code.
(5) Section 106.2.2; change to read as follows:
106.2.2 Approval required. Work shall not be done beyond the point indicated
in each successive inspection without first obtaining the approval of the fire code
official. The fire code official, upon notification, shall make the requested
inspections and shall either indicate the portion of the construction that is
satisfactory as completed, or notify the permit holder or his or her agent wherein
the same fails to comply with this code. Any portions that do not comply shall be
corrected and such portion shall not be covered or concealed until authorized by
the fire code official.
(6) Section 202; Add definitions to read as follows:
FIRE WATCH. A temporary measure intended to ensure continuous and
systematic surveillance of a building or portion thereof by one or more qualified
individuals or standby personnel when required by the fire code official, for the
purposes of identifying and controlling fire hazards, detecting early signs of
unwanted fire, raising an alarm of fire and notifying the fire department.
HIGH-RISE BUILDING. A building having any floors used for human
occupancy located above the 4`" floor above the lowest level of fire department
vehicle access.
ADDRESSABLE FIRE DETECTION SYSTEM. Any system capable of
providing identification of each individual alarm -initiating device. The
identification shall be in plain English and as descriptive as possible to
specifically identify the location of the device in alarm. The system shall have the
capability of alarm verification.
ANALOG INTELLIGENT ADDRESSABLE FIRE DETECTION SYSTEM.
Any system capable of calculating a change in value by directly measurable
quantities (voltage, resistance, etc.) at the sensing point. The physical analog may
be conducted at the sensing point or at the main control panel. The system shall be
capable of compensating for long-term changes in sensor response whAe
maintaining a constant sensitivity. The compensation shall have a preset point at
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which a detector maintenance signal shall be transmitted to the control panel. The
sensor shall remain capable of detecting and transmitting an alarm while in
maintenance alert.
SELF-SERVICE STORAGE FACILITY. Real property designed and used for
the purpose of renting or leasing individual storage spaces to customers for the
purpose of storing and removing personal property on a self-service basis.
STANDBY PERSONNEL. Qualified fire service personnel, approved by the
Fire Chief. When utilized, the number required shall be as directed by the Fire
Chief. Charges for utilization shall be as normally calculated by the jurisdiction.
(7) Section 305.5; Add to read as follows:
Section 305.5. Fire Pits. All fire pits shall be constructed in a manner consistent
with good engineering and construction practices. Fire pits shall not be installed
within 10 feet of an adjoining property line, 15 feet from a residence and 10 feet
from any other combustible materials. The maximum diameter of a fire pit shall
be 3 feet, unless approved by the fire code official.
(8) Section 307.2; change to read as follows:
307.2 Permit required. A permit shall be obtained from the fire code official 1n
accordance with Section 105.6 prior to kindling a fire for recognized silvicultural
or range or wildlife management practices, prevention or control of disease or
pests, or open burning. Application for such approval shall only be presented by
and permits issued to the owner of the land upon which the fire is to be kindled.
Examples of state or local law, or regulations referenced elsewhere in this section
may include but not be limited to the following:
1. Texas Commission on Environmental Quality guidelines and'or
restrictions.
2. State, County or Local temporary or permanent bans on open burning.
3. Local written policies as established by the Code Official.
(9) Section 307.4; change to read as follows:
307.4 Location. The location for open burning shall not be less than 300 feet (91
440 mm) from any structure, and provisions shall be made to prevent the fire from
spreading to within 300 feet (91 440 mm) of any structure.
(exceptions unchanged)
(10) Section 307.4.3; change to read as follows:
307.4.3 Trench Burns. Trench burns shall be conducted in air curtain trenches
and in accordance with Section 307.2.
(11) Section 307.5; change to read as follows:
307.5 Attendance. Open burning, trench burns, bonfires or recreational fires
shall be constantly attended until the ... {remainder of section unchanged}.
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(12) Section 308.3.1; Amended to add the following exceptions:
308.3.1 Open -flame cooking and heating devices. Open -flame cooking devices,
charcoal grills, outdoor fireplaces and other similar devices used for cooking,
heating or any other purpose shall not be located or used on combustible
balconies, decks, or within 10 feet (3048 mm) of combustible construction.
Exceptions:
1. One- and two-family dwellings where a chimney is used and
complies with the IRC.
2. Where buildings, balconies and decks are protected by an
approved automatic sprinkler system.
(13) Section 308.3.1.1; change to read as follows:
Section 308.3.1.1
Exceptions:
1. One- and two-family dwellings may have containers with a water
capacity not greater than 20 pounds (9.08 kg) [nominal 8 pound
(3.632 kg) LP -gas capacity] with an aggregate capacity not to exceed
100 lbs (5 containers).
2. Other residential occupancies where buildings, balconies and decks are
protected by an approved automatic sprinkler system, may have
containers with a water capacity not greater than 20 pounds (9.08 kg)
[nominal 8 pound (3.632 kg) LP -gas capacity], with an aggregate
capacity not to exceed 40 lbs (2 containers).
(14) Section 401.3.2: Amend to add Section:
401.3.2 Alarm Activations. Upon activation of a fire alarm signal, employees or
staff shall immediately notify the fire department. All occupants of that facility
shall follow their fire department approved evacuation plan or immediately
evacuate the facility.
(15) Section 401.3.4: Add Section 401.3.4 as follows:
401.3.4 Fire Alarms and Nuisance Alarms. False alarms and nuisance alarms
shall not be given, signaled or transmitted or caused or permitted to be given,
signaled or transmitted in any manner.
(16) Section 503.1.1: Add the following sentence to the first paragraph:
Section 503.1.1
Except for single- or two-family residences, the path of measurement shall be
along a minimum of a ten feet (10') wide unobstructed pathway around the
external walls of the structure.
(17) Section 503.2.1: Change to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed
width of not less than 24 feet (7315mm), except for approved security gates in
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accordance with Section 503.6, and an unobstructed vertical clearance of not less
than 14 feet (4267 mm).
Exception: Vertical clearance may be reduced, provided such reduction does not
impair access by fire apparatus and approved signs are installed and maintained
indicating the established vertical clearance when approved.
(18) Section 503.2.2: Change to read as follows:
503.2.2 Authority. The fire code official shall have the authority to require an
increase in the minimum access widths and vertical clearances where they are
inadequate for fire or rescue operations.
(19) Section 503.3: Change to read as follows:
503.3 Marking. Striping, signs, or other markings, when approved by the code
official, shall be provided for fire apparatus access roads to identify such roads or
prohibit the obstruction thereof. Striping, signs and other markings shall be
maintained in a clean and legible condition at all times and be replaced or repaired
when necessary to provide adequate visibility.
(1) Striping - Fire apparatus access roads shall be continuously marked by
painted lines of red traffic paint six inches (6") in width to show the
boundaries of the lane. The words "NO PARKING FIRE LANE" or "FIRE
LANE NO PARKING" shall appear in four inch (4") white letters at 25
feet intervals on the red border markings along both sides of the fire lanes.
Where a curb is available, the striping shall be on the vertical face of the
curb.
(2) Signs - Signs shall read "NO PARKING FIRE LANE" or "FIRE
LANE NO PARKING" and shall be 12" wide and 18" high. Signs shall be
painted on a white background with letters and borders in red, using not
less than 2" lettering. Signs shall be permanently affixed to a stationary
post and the bottom of the sign shall be six feet, six inches (6'6") above
finished grade. Signs shall be spaced not more than fifty feet (50') apart.
Signs may be installed on permanent buildings or walls or as approved by
the Fire Chief.
(20) Section 503.4: Change to read as follows:
503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads
shall not be obstructed in any manner, including the parking of vehicles. The
minimum widths and clearances established in Section 503.2.1 and any area
marked as a fire lane as described in Section 503.3 shall be maintained at all
times.
(21) Section 505.1: Replace to read as follows:
505.1 Address numbers. Approved numerals of a minimum 6" height and of a
color contrasting with the background designating the address shall be placed on
all new and existing buildings or structures in a position as to be plainly visible
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and legible from the street or road fronting the property and from all rear
alleyways / access.
Where buildings do not immediately front a street, approved 6 inch height
building numerals or addresses and 3 -inch height suite / apartment numerals of a
color contrasting with the background of the building shall be placed on all new
and existing buildings or structures. Numerals or addresses shall be posted on a
minimum 20 inch by 30 inch background on border.
Exception: R-3 Single Family occupancies shall have approved numerals
of a minimum 3 '/z inches in height and a color contrasting with the
background clearly visible and legible from the street fronting the property
and rear alleyway where such alleyway exists.
(22) Section 511.1: Add section 511 Emergency Radio Communications to read as
follows:
511.1 Signal strength in buildings. In all new and existing buildings in which
the type of construction or distance from an operational emergency services
antenna or dispatch site does not provide adequate frequency or signal strength as
determined by the code official, the building owner shall be responsible for
providing the equipment, installation and maintenance of said equipment in a
manner to strengthen the radio signal. The radio signal shall meet the minimum
input / output strengths according to the emergency radio system's provider and
system manager.
(23) Section 704.1: Change to read as follows:
704.1 Enclosure. Interior vertical shafts, including but not limited to stairways,
elevator hoist ways, service and utility shafts, that connect two or more stories of
a building shall be enclosed or protected in accordance with the codes in effect at
the time of construction but, regardless of when constructed, not less than as
specified in Table 704.1.
(24) Section 807.4.3.2 and Section 807.4.4.2; add an exception to read as follows:
807.4.3.2 and Section 807.4.4.2; add an exception to read as follows:
Exception: Corridors protected by an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 shall be limited to
50 percent of the wall area.
(25) Section 901.6.1; add section to read as follows:
901.6.1.1 Standpipe Testing. Building owners/managers must utilize a licensed
fire protection contractor to test and certify standpipe systems. In addition to the
testing and maintenance requirements of NFPA 25 applying to standpipe systems,
the following additional requirements shall be applied to the testing that is
required every 5 years:
1. The piping between the Fire Department Connection (FDC) and the
standpipe shall be hydrostatically tested for all FDC's on any type of
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standpipe system. hydrostatic testing shall also be conducted in accordance
with NFPA 25 requirements for the different types of standpipe systems.
2. For any manual (dry or wet) standpipe system not having an automatic
water supply capable of flowing water through the standpipe, the contractor
shall connect hose from a fire hydrant or portable pumping system (as
approved by the fire code official) to each FDC, and flow water through the
standpipe system to the roof outlet to verify that each inlet connection
functions properly. There is no required pressure criteria at the outlet.
Verify that check valves function properly and that there are no closed
control valves on the system.
3. Any pressure relief, reducing, or control valves shall be tested in accordance
with the requirements of NFPA 25.
4. If the FDC is not already provided with approved caps, the contractor shall
install such caps for all FDC's. Contact the Fire Marshal for additional
information.
5. Upon successful completion of standpipe test, the contractor shall place a
blue tag (as per "Texas Administrative Code, Title 28. Insurance, Part 1.
Texas Department of Insurance, Chapter 34. State Fire Marshal,
Subchapter G. Fire Sprinkler Rules, 28 TAC § 34.720. Inspection, Test
and Maintenance Service (ITM) Tag") at the bottom of each standpipe riser
in the building. An example of this tag is located at the end of this SOP.
The tag shall be check -marked as "Fifth Year" for Type of ITM, and the
note on the back of the tag shall read "5 Year Standpipe Test" at a
minimum.
6. The contractor shall follow the procedures as required by "Texas
Administrative Code, Title 28. Insurance, Part 1. Texas Department of
Insurance, Chapter 34. State Fire Marshal, Subchapter G. Fire Sprinkler
Rules, 28 TAC" with regard to Yellow Tags and Red Tags or any
deficiencies noted during the testing, including the required notification of
the local Authority Having Jurisdiction (Fire Marshal).
7. Additionally, records of the testing shall be maintained by the owner and
contractor, as required by the State Rules mentioned above and NFPA 25.
8. Standpipe system tests where water will be flowed external to the building
shall not be conducted during freezing conditions or during the day prior to
expected night time freezing conditions.
9. Contact the Fire Marshal for requests to remove existing fire hose from
Class II and III standpipe systems where employees are not trained in the
utilization of this fire fighting equipment. All standpipe hose valves must
remain in place and be provided with an approved cap and chain when
approval is given to remove hose by the fire code official.
(26) Section 901.7; amend to read as follows:
901.7 Systems out of service. Where a required fire protection system is out of
service or in the event of an excessive number of activations, the fire department
and the code official shall be notified immediately and, where required by the
code official, the building shall either be evacuated or an approved fire watch
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shall be provided for all occupants left unprotected by the shut down until the fire
protection system has been returned to service.
(27) Section 903.2; delete the exception
903.2; delete the exception.
(28) Add Section 903.2.8.3 to read as follows:
903.2.8.3 Self-service storage facility. An automatic sprinkler system shall be
installed throughout all self-service storage facilities.
Exception: One-story self-service storage facilities that have no Interior
corridors, with a one-hour fire barrier separation wall Installed between
every storage compartment.
(29) Amend the title of Section 903.2. 10
Amend the title of Section 903.2.10 to read "Windowless stories in all
occupancies except R-3 and U:
(30) Section 903.2.10.3; Amend to read:
903.2.10.3 Buildings more than 35 feet in height. An automatic sprinkler
system shall be installed throughout buildings with a floor level, other than
penthouses in compliance with Section 1509 of the International Building Code,
having an occupant load of 30 or more that is located 55 35 feet (16 764 10
668mm) or more above the lowest level of fire department vehicle access.
Exception:
1. Airport control towers.
2. Open parking structures in compliance with Section 406.3 of the
International Building Code.
3. Occupancies in Group F-2.
(31) .Section 903.2.10.4; Amend to read:
903.2.10.4 High -Piled Combustible Storage. For any building with a clear
height exceeding 12 feet (4572 mm), see Chapter 23 to determine if those
provisions apply.
(32) Section 903.2.10.5; Change to read:
903.2.10.5 Spray Booths and Rooms. New and existing spray booths and
spraying rooms shall be protected by an approved automatic fire -extinguishing
system.
(33) Section 903.2.10.6; Change to read as follows:
903.2.10.6 Buildings Over 6,000 sq.ft. An automatic sprinkler system shall be
installed throughout all buildings with a building area over 6,000 sq.ft. For the
purpose of this provision, fire walls shall not define separate buildings.
Exceptions:
1. Open parking garages in compliance with Section 406.3 of the International
Building Code.
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2. Type A-5.
(34) Section 903.3.1.1.1; Change to read as follows:
903.3.1.1.1 Exempt locations. When approved by the code official, automatic
sprinklers shall not be required in the following rooms or areas where such. .
{bulk of section unchanged} ... because it is damp, of fire -resistance -rated
construction or contains electrical equipment.
1. Any room where the application of water, or flame and water, constitutes a
serious life or fire hazard.
2. Any room or space where sprinklers are considered undesirable because of
the nature of the contents, when approved by the code official.
3. Generator and transformer rooms, under the direct control of a public
utility, separated from the remainder of the building by walls and
floor/ceiling or roof/ceiling assemblies having a fire -resistance rating of
not less than 2 hours.
(35) Section 903.3.5; Add a second paragraph to read as follows:
903.3.5; add
Water supply as required for such systems shall be provided in
conformance with the supply requirements of the respective standards; however,
every fire protection system shall be designed with a 10 psi safety factor.
(36) Section 903.4; add a second paragraph after the exceptions to read as follows
903.4; add a second paragraph after the exceptions to read as follows:
Sprinkler and standpipe system water -flow detectors shall be provided for each
floor tap to the sprinkler system and shall cause an alarm upon detection of water
flow for more than 45 seconds. All control valves in the sprinkler and standpipe
systems except for fire department hose connection valves shall be electrically
supervised to initiate a supervisory signal at the central station upon tampering.
(37) Section 903.4.2; add second paragraph to read as follows:
903.4.2; add second paragraph to read as follows:
The alarm device required on the exterior of the building shall be a
weatherproof horn/strobe notification appliance with a minimum 75 candela
strobe rating, installed as close as practicable to the fire department connection.
(38) Section 903.6.2; Change to read as follows:
903.6.2 Spray booths and rooms. New and existing spray booths and spray
rooms shall be protected by an approved automatic fire -extinguishing system in
accordance with Section 1504.
(39) Section 905.2; Change to read as follows:
905.2 Installation standards. Standpipe systems shall be installed in accordance
with this section and NFPA 14. Manual dry standpipe systems shall be
supervised with a minimum of 10 psig and a maximum of 40 psig air pressure
with a high/low alarm.
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(40) Section 905.3.1; Change to read as follows:
905.3.1 Building Height. Class III standpipe system shall be installed throughout
buildings where the floor level of the highest story is located more than 30 feet or
2 stories above the lowest level of the fire department vehicle access, or where the
floor level of the lowest story is located more than 2 stories or 30 feet below the
highest level of fire department vehicle access. (Exceptions remain unchanged)
(41) Section 905.3.8; Add section to read as follows:
905.3.8 Building Area. In buildings exceeding 10,000 square feet in area per
story, Class I automatic wet or manual wet standpipes shall be provided where
any portion of the building's interior area is more than 200 feet (60960 mm) of
travel, vertically and horizontally, from the nearest point of fire department
vehicle access.
Exception: Automatic dry and semi-automatic dry standpipes are allowed
as provided for in NFPA 14.
(42) Section 905.4; Change to read as follows:
905.4, item #5; change to read as follows:
5. Where the roof has a slope less than four units vertical in 12 units horizontal
(33.3 -percent slope), each standpipe shall be provided with a two-way hose
connection located either ... {remainder of paragraph unchanged} ...
(43) Section 905.9; Add a second paragraph:
905.9; add a second paragraph after the exceptions to read as follows:
Sprinkler and standpipe system water -flow detectors shall be provided for
each floor tap to the sprinkler system and shall cause an alarm upon detection of
water flow for more than 45 seconds. All control valves in the sprinkler and
standpipe systems except for fire department hose connection valves shall be
electrically supervised to initiate a supervisory signal at the central station upon
tampering.
(44) Section 907.1.3; Add to read as follows:
907.1.3 Design Standards. All alarm systems new or replacement serving 20 or
more alarm actuating devices shall be addressable fire detection systems. Alarm
systems serving more than 40 smoke detectors or more than 100 total alarm
activating devices shall be analog intelligent addressable fire detection systems.
Exception: Existing systems need not comply unless the total building
remodel or expansion initiated after the effective date of this code, as
adopted, exceeds 30% of the building. When cumulative building remodel
or expansion exceeds 50% of the building must comply within 18 months
of permit application.
(45) Section 907.2.1; Change to read as follows:
907.2.1 Group A. A manual fire alarm system shall be installed in Group A
occupancies having an occupant load of 300 or more persons or more than 100
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persons above or below the lowest level of exit discharge. Portions of Group E
occupancies occupied for assembly purposes shall be provided with a fire alarm
system as required for the Group E occupancy.
(46) Section 907.2.3; Change to read as follows:
907.2.3 Group E. A manual fire alarm system shall be installed in Group E
educational occupancies. When automatic sprinkler systems or smoke detectors
are installed, such systems or detectors shall be connected to the building fire
alarm system. An approved smoke detection system shall be installed in Group E
day care occupancies. Unless separated by a minimum of 100' open space, all
buildings, whether portable buildings or the main building, will be considered one
building for alarm occupant load consideration and interconnection of alarm
systems.
(47) Section 907.2.3; Change exceptions to read as follows:
907.2.3; change exception #1 and add exception #1.1 to read as follows:
1. Group E educational and day care occupancies with an occupant load
of less than 50 when provided with an approved automatic sprinkler
system.
1.1. Residential In -Home day care with not more than 12 children may
use interconnected single station detectors in all habitable rooms.
(For care of more than five children 2 1/2 or less years of age, see
Section 907.2.6.)
(48) Section 907.2.12; Change to read as follows:
907.2.12 High-rise buildings. Buildings with any floor used for human
occupancy located above the 4"' floor or more than 55 feet above the lowest level
of fire department vehicle access shall be provided with an automatic fire alarm
system and an emergency voice/alarm communications system in accordance with
Section 907.2.12.2.
(49) Section 907.2.12; Change to read as follows:
907.2.12, exception #3; change to read as follows:
3. Buildings with an occupancy in Group A-5 in accordance with Section
303.1 of the International Building Code, when used for open air seating;
however, this exception does not apply to accessory uses including but not
limited to sky boxes, restaurants and similarly enclosed areas.
(50) Section 907.4; Add a second paragraph:
907.4; add a second paragraph to read as follows:
Manual alarm actuating devices shall be an approved double action type. When
required by the fire code official, Stopper II cover will also be required.
(51) Section 907.6.1; Add to read as follows:
907.6.1 Installation. All fire alarm systems shall be installed in such a manner
that a failure of any single initiating device or single open in an initiating circuit
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conductor will not interfere with the normal operation of other such devices. All
initiating circuit conductors shall be Class "A" wired with a minimum of six feet
separation between supply and return circuit conductors. IDC — Class "A" Style
D; SLC - Class "A" Style 6; NAC - Class "B" Style Y. The IDC from an
addressable device used to monitor the status of a suppression system may be
wired Class B, Style B provided the distance from the addressable device 1s
within 10 -feet of the suppression system device.
(52) Section 907.9.2; Change to read as follows:
907.9.2 High-rise buildings. In buildings that has any floor used for human
occupancy that is located above the 0 floor or more than 55 feet above the lowest
level ... {remainder of section unchanged)
(53) Section 910.1; Amend the exception to read as follows:
910.1; Amend exception 2 to read as follows:
4. Where areas of buildings are equipped with early suppression fast -
response (ESFR) sprinklers, only manual smoke and heat vents shall
be required within these areas.
(54) Section 910.2.1; Change to read as follows:
910.2.1; Group F or S. Buildings and portions thereof used as Group F or S
occupancy having more than 15,000 square feet.
(55) Section 910.2.4; Change to read as follows:
910.2.4 Group H. Buildings and portions thereof used as a Group H occupancy
as follows:
1. In occupancies classified as Group H-2 or H-3, any of which are more than
10,000 square feet (1394 m2) in single floor area.
Exceptions:
1. Buildings of noncombustible construction containing only noncombustible
materials.
2. In areas of buildings in Group H used for storing Class 2, 3 and 4 liquid
and solid oxidizers, Class 1 and unclassified detonable organic peroxides,
Class 3 and 4 unstable (reactive) materials, or Class 2 or 3 water -reactive
materials as required for a high -hazard commodity classification.
(56) Section 910.3; Change to read as follows:
910.3; Change the title of the first row of the table from "Group F-1 and S-1 " to
include "Group H" and to read as follows:
Group H, F -I and S -I
(57) Section 910.3.2.2; Add the second paragraph:
910.3.2.2; Add second paragraph to read as follows:
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The automatic operating mechanism of the smoke and heat vents shall operate at
a temperature rating at least 100 degrees (F) (approximately 38 degrees Celsius)
greater than the temperature rating of the sprinklers installed.
(58) Section 913.1; Add second paragraph to read as follows:
913.1 — Add second paragraph and exception to read as follows:
When located on the ground level at an exterior wall, the fire pump room shall be
provided with an exterior fire department access door that is not less than 3 ft. in
width and 6 ft. — 8 in. in height, regardless of any interior doors that are provided.
A key box shall be provided at this door, as required by Section 506.1.
Exception: When it is necessary to locate the fire pump room on other levels
or not at an exterior wall, the corridor leading to the fire pump room access
from the exterior of the building shall be provided with equivalent fire
resistance as that required for the pump room, or as approved by the fire code
official. Access keys shall be provided in the key box as required by Section
506.1.
(59) Section 1008.1.3.4; Replace #3 to read as follow:
3. The doors shall be arranged to unlock by panic hardware.
(60) Section 1008.1.3.4; Add criteria #7 as follows:
7. If a full building smoke detection system is not provided, approved smoke
detectors shall be provided on both the access and egress sides of doors and in a
location approved by the authority having jurisdiction of NFPA 72. Actuation of a
smoke detector shall automatically unlock the door.
(61) Section 1017.1; add exception #5 to read as follows:
1017.1; add an exception #S:
5. In Group B office buildings, corridor walls and ceilings need not be of
fire -resistive construction within office spaces of a single tenant when the
space is equipped with an approved automatic fire alarm system with
corridor smoke detection. The actuation of any detector shall activate
alarms audible in all areas served by the corridor. The smoke -detection
system shall be connected to the building's fire alarm system where such a
system is provided.
(62) Section 1020.1.7; Change to read as follows:
1020.1.7 Smokeproof enclosures. In buildings required to comply with Section
403 or 405 of the IBC, each of the exits of a building that serves stories where the
any floor surface is located more than 75 55 feet (22 860 16 764 mm) above the
lowest level of fire ... {remainder of section unchanged}.
(63) Section 1028.2; Change to read as follows:
1028.2 Reliability. Required exit accesses, exits or exit discharges shall be
continuously maintained free from obstructions or impediments to full instant use
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in the case of fire or other emergency. Security devices affecting means of egress
shall be subject to approval of the fire code official.
(64) Section 1504.4; Change to read as follows:
1504.4 Fire Protection. New and existing spray booths and spray rooms shall be
protected by an approved automatic fire -extinguishing system ... [remainder of
section unchanged) ...
(65) Section 2204.1; Change to read as follows:
2204.1 Supervision of dispensing. The dispensing of fuel at motor fuel -
dispensing facilities shall be in accordance with the following:
1. Conducted by a qualified attendant; and/or,
2. Shall be under the supervision of a qualified attendant; and/or
3. Shall be an unattended self-service facility in accordance with Section
2204.3.
At any time the qualified attendant of item #1 or #2 above is not present, such
operations shall be considered as an unattended self-service facility and shall also
comply with Section 2204.3.
(66) Section 2302; Add the second paragraph:
2302; add a second paragraph to the definition of "High -Piled Combustible
Storage" to read as follows:
Any building exceeding 6,000 sq.ft. that has a clear height in excess of 12
feet, making it possible to be used for storage in excess of 12 feet, shall be
considered to be high -piled storage and shall comply with the provisions of this
section. When a specific product cannot be identified, a fire protection system
shall be installed as for Class IV commodities, to the maximum pile height.
(67) Table 2306.2; replace footnote j:
Table 2306.2; replace text of "footnote j" to read as follows:
j. Where areas of buildings are equipped with early suppression fast -response
(ESFR) sprinklers, only manual smoke and heat vents shall be required within
these areas.
(68) Section 2703.1.5; Added to read as follows:
2703.1.5 Hazardous :Materials Storage is prohibited in residential occupancies.
Exception. Quantities are permitted for the maintenance of pertinent equipment
of systems for such uses and shall be in accordance with chapter 27.
(69) Section 3301.1.3; Change to read as follows:
3301.1.3 Fireworks. The possession, manufacture, storage, sale, handling and
use of fireworks are prohibited.
Exceptions:
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1. Only when approved for fireworks displays, storage and handling of
fireworks as allowed in Section 3304 and 3308.
2. The use of fireworks for approved display as allowed in Section 3308.
(70) Section 3302; Change the definition:
3302 FIREWORKS. Any composition or device for the purpose of producing a visible or
an audible effect for entertainment purposes by combustion, deflagration, detonation,
and/or activated by ignition with a match or other heat producing device that meets the
definition of 1.4G fireworks or 1.3G fireworks as set forth herein.
(71) Section 3403.6; Add a sentence to read as follows:
3403.6; add a sentence to read as follows:
An approved method of secondary containment shall be provided for underground
tank and piping systems.
(72) Section 3404.2.11.5; Add a sentence to read as follows:
3404.2.11.5; add a sentence to read as follows:
An approved method of secondary containment shall be provided for underground
tank and piping systems.
(73) Section 3404.2.11.5.2; Change to read as follows:
3404.2.11.5.2 Leak detection. Underground storage tank systems ... [bulk of
provision unchanged] ... and installed in accordance with NFPA 30 and as
specified in Section 3404.2.11.5.3.
(74) Section 3404.2.11.5.2; Change to read as follows:
3404.2.11.5.3 Dry sumps. Approved sampling tubes of a minimum 6 inches in
diameter shall be installed in the backfill material of each underground flammable
or combustible liquid storage tank. The tubes shall extend from a point 12 inches
below the average grade of the excavation to ground level and shall be provided
with suitable surface access caps. Each tank site shall provide a sampling sump at
the corners of the excavation with a minimum of 4 sumps. Sampling tubes shall
be placed in the product line excavation within 10 feet of the tank excavation and
one every 50 feet routed along product lines towards the dispensers, a minimum
of two are required.
(75) Section 3404.3.4.2.7; Change to read as follows:
3404.3.4.2.7 Group R occupancies: Quantities in Group R occupancies shall not
exceed that necessary for maintenance purposes and operation of equipment and
shall not exceed 20 U.S. gallons.
(76) Section 3406.5.4.5; Change to read as follows:
3406.5.4.5 Commercial, industrial, governmental or manufacturing.
Dispensing of Class II and III motor vehicle fuel from tank vehicles into the fuel
tanks of motor vehicles located at commercial, industrial, governmental or
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manufacturing establishments is allowed where permitted, provided such
dispensing operations are conducted in accordance with Sections 3406.5.4.5.1
through 3406.5.4.5.3.
(77) Section 3406.5.4.5.1; change to read as follows:
3406.5.4.5.1 Site requirements.
1. Dispensing may occur at sites that have been permitted to conduct mobile
fueling.
2. A detailed site plan shall be submitted with each application for a permit. The
site plan must indicate:
a. all buildings, structures, and appurtenances on site and their use or
function;
b. all uses adjacent to the property lines of the site;
c. the locations of all storm drain openings, adjacent waterways or wetlands;
d. information regarding slope, natural drainage, curbing, impounding and
how a spill will be retained upon the site property; and,
e. The scale of the site plan.
3. The Code Official is authorized to impose limits upon: the times and/or days
during which mobile fueling operations are allowed to take place and specific
locations on a site where fueling is permitted.
4. Mobile fueling operations shall be conducted in areas not generally accessibie
to the public.
5. Mobile fueling shall not take place within 15 feet (4.572 m) of buildings,
property lines, or combustible storage.
(78) Section 3406.5.4.5.2; Change to read as follows:
3406.5.4.5.2 Refueling Operator Requirements.
1. The owner of a mobile fueling operation shall provide to the jurisdiction a
written response plan which demonstrates readiness to respond to a fuel spill,
carry out appropriate mitigation measures, and to indicate its process to
properly dispose of contaminated materials when circumstances require.
2. The tank vehicle shall comply with the requirements of NFPA 385 and Local,
State and Federal requirements. The tank vehicle's specific functions shall
include that of supplying fuel to motor vehicle fuel tanks. The vehicle and all
its equipment shall be maintained in good repair.
3. Signs prohibiting smoking or open flames within 25 feet (7.62 m) of the tank
vehicle or the point of fueling shall be prominently posted on 3 sides of the
vehicle including the back and both sides.
4. A fire extinguisher with a minimum rating of 40:BC shall be provided on the
vehicle with signage clearly indicating its location.
5. The dispensing nozzles and hoses shall be of an approved and listed type.
6. The dispensing hose shall not be extended from the reel more than 100 feet
(30.48m) in length.
7. Absorbent materials, non -water absorbent pads, a 10 foot (3.048 m) long
containment boom, an approved container with lid, and a non-metallic shovel
shall be provided to mitigate a minimum 5 -gallon fuel spill.
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8. Tanker vehicles shall be equipped with a fuel limit switch such as a count -
back switch, limiting the amount of a single fueling operation to a maximum
of 500 gallons (1893 L) between resetting of the limit switch.
Exception: Tankers utilizing remote emergency shut-off device
capability where the operator constantly carries the shut-off device which,
when activated, immediately causes flow of fuel from the tanker to cease.
9. Persons responsible for dispensing operations shall be trained in the
appropriate mitigating actions in the event of a fire, leak, or spill. Training
records shall be maintained by the dispensing company and shall be made
available to the Code Official upon request.
10. Operators of tank vehicles used for mobile fueling operations shall have in
their possession at all times an emergency communications device to notify
the proper authorities in the event of an emergency.
(79) Section 3406.5.4.5.3; Change to read as follows:
3406.5.4.5.3 Operational Requirements.
1. The tank vehicle dispensing equipment shall be constantly attended and
operated only by designated personnel who are trained to handle and dispense
motor fuels.
2. Prior to beginning dispensing operations, precautions shall be taken to assure
ignition sources are not present.
3. The engines of vehicles being fueled shall be shut off during dispensing
operations.
4. Night time fueling operations shall only take place in adequately lighted areas.
5. The tank vehicle shall be positioned with respect to vehicles being fueled so
as to preclude traffic from driving over the delivery hose and between the tank
vehicle and the motor vehicle being fueled.
6. During fueling operations, tank vehicle brakes shall be set, chock blocks shall
be in place and warning lights shall be in operation.
7. Motor vehicle fuel tanks shall not be topped off.
8. The dispensing hose shall be properly placed on an approved reel or in an
approved compartment prior to moving the tank vehicle.
9. The Code Official and other appropriate authorities shall be notified when a
reportable spill or unauthorized discharge occurs.
(80) Section 3803.2.1.8; Change to read as follows:
3803.2.1.8 Jewelry Repair, Dental Labs and Similar Occupancies. Where
natural gas service is not available, portable LP -Gas containers are allowed to be
used to supply approved torch assemblies or similar appliances. Such containers
shall not exceed 20 -pound (9.0 kg) water capacity. Aggregate capacity shall not
exceed 60 -pound (27.2 kg) water capacity. Each device shall be separated from
other containers by a distance of not less than 20 feet.
(81) Section 3804.2; Add exception #2:
3804.2; add an exception #2 to read as follows:
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Exceptions:
1. {Existing exception unchanged)
2. Except as permitted in 308.3 and 3804.3.2, LP -gas containers are not
permitted in residential areas.
(82) Section 3804.3.2; Change to read as follows:
3804.3.2 Spas, Pool Heaters and other listed devices. Where natural gas
service is not available, LP -Gas containers are allowed to be used to supply spa
and pool heaters or other listed devices. Such containers shall not exceed 250 -
gallon water capacity. See Table 3804.3 for location of containers.
(83) Appendix D; Adopted as is. "
SECTION 2. If any section, article paragraph, sentence, clause, phrase or word in this
ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this ordinance; and the City Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 3. That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and all
other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance
shall remain in full force and effect.
SECTION 4. An offense committed before the effective date of this Ordinance »
governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when
the offense was committed and the former law is continued in effect for this purpose.
SECTION 5. This Ordinance shall become effective from and after its date of passage
in accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 19"' day of JANUARY, 2009.
A TE T:
hristie Wilson, City ecretary
Page 22
Jo Dillard, Mayor
C3� T 14
Itt
� XP,
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APPROVER -AS TO FORM:
Robert E. eager, City A
(REH/cdb 11/20/08)
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