Ord. 1175 08-23-04ORDINANCE NO. 1175
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING CHAPTER 10, FIRE PREVENTION AND
PROTECTION, OF THE CITY OF PEARLAND CODE OF ORDINANCES,
AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND
ARTICLE III, ENTITLED FIRE CODE; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVID-
ING FOR CODIFICATION AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Chapter 10, Fire Prevention and Protection, of the City of
Pearland Code of Ordinances, is hereby amended to AMEND Article III, entitled Fire Code,
to read as follows:
"ARTICLE III. FIRE CODE
10-46. Fire code adopted.
There is hereby adopted the "City of Pearland Fire Code," which shall consist of the
International Fire Code, 2000 Edition, including appendices as published by the
International Code Council, Inc.
10-47. Local amendments.
The fire code adopted in Section 10-46 is hereby modified as follows:
(a) The following provisions are added:
(1) 903.2.5.1 Facilities housing individuals incapable of self-preservation.
Any facility other than a foster home that houses individuals that are
incapable of self-preservation, as defined by the Life Safety Code, N.F.P.A.
101, shall be protected throughout by an approved N.F.P.A. 72 fire alarm
and N.F.P.A. 13 automatic sprinkler system.
Exceptions:
1. In the case of a personal care facility, child-care, group home,
or in -home residential child care that houses fewer than six
clients, including a person who is incapable of self-
preservation, 7a 13 R or 13 D automatic sprinkler system shall
be acceptable, so long as the plans for installation are
forwarded to the Fire Marshal for review and permitting.
ORDINANCE NO. 1175
2. In the case of a personal care facility, child-care, group home,
or in -home residential child care that houses fewer than six
clients, including a person who is incapable of self-
preservation, a residential automatic fire alarm system with
smoke detection throughout shall be acceptable, so long as
the plans for installation are forwarded to the Fire Marshal for
review and permitting.
(2) 903.2.5.2 Inspection by Fire Marshal. The Pearland Fire Marshal or his
designee shall inspect all registered and licensed personal care facilities,
foster care, child-care, and group homes within the City of Pearland for
compliance with the fire code.
(3)
907.7.1 Evacuation. Upon activation of any automatic fire alarm system, all
occupants of the structure shall be evacuated and shall remain outside the
structure until the fire department has determined that no fire or danger
exists. To enable fire department personnel to locate the area or zone
activated, occupants of the structure shall not reset an alarm activation. A
trained individual with the responsibility to respond to an emergency may
only silence alarm activations if such can be achieved without resetting the
alarm.
(4) 2505.9 Off-loading of trucks. All incoming tires by truck or trailer shall be
off-loaded within 24 hours and worked into stock on non-combustible racks
as required for all tire storage. Tires are not to be left on the ground at the
end of the workday and the truck or trailer transporting the incoming tires
shall be removed from the site immediately following off-loading.
2505.10 Public nuisance declared. Tires not designated for retail or
wholesale consumption shall not be allowed to accumulate above the limits
herein established regardless of their form, whether whole, split, shredded,
or chopped, or so as to constitute a fire or health hazard. Any accumulation
in violation of this section shall be deemed a public nuisance and their
prohibition shall extend to all of the city's extra -territorial jurisdiction (ETJ)
within five thousand (5,000) feet of the city's corporate limits.
(b) The following provisions are deleted in their entirety:
(5)
(1) 903.2.8 Group R-2.
(2) 905.5.1 Groups A-1 and A-2.
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ORDINANCE NO. 1175
(3) 905.5.2 Protection.
(4) 905.5.3 Class II system 1 inch hose.
(5) 912.2 Location.
(6) D103.6.2 Roads more than 26 feet in width.
(c) The following provisions are adopted in place of the identically numbered provisions
in the International Fire Code, 2000 Edition:
(1) 105.1.1 Permits required. Permits required by this code shall be obtained
from the code official. Permit fees, if any, shall be paid prior to issuance of
the permit. Issued permits shall be kept on the premises designated therein
at all times and shall be readily available for inspection by the code official.
Permits are required for the following:
Type I Permit (include review, inspection, testing, and permit)
Installation of fire sprinkler system.
Modification of more than 20 sprinkler heads.
Installation of underground fire mains.
Installation of smoke control systems.
Installation of fire pumps.
Installation of standpipe system.
Installation of fixed fire protection systems.
Installation of fire alarm.
Installation or removal of flammable/combustible liquid storage tank.
Installation of residential automatic fire sprinkler system.
Type 11 Permits (includes permit and site inspection)
Temporary storage tanks.
Public displays of fireworks.
(2) 307.1 General. No person shall kindle or maintain any type of open fire or
burning, including bonfires, recreational fires, and trench -burn fires as
defined by the Texas Commission on Environmental Quality (TCEQ), within
the city. Such open fires are hereby declared to be a public nuisance, and
3
ORDINANCE NO. 1175
(3)
their prohibition shall extend to all of the city's extra -territorial jurisdiction
(ETJ) within five thousand (5,000) feet of the city's corporate limits.
This prohibition does not apply to live firefighting training conducted by the
Fire Department in compliance with TCEQ regulations, barbecue pits used
for cooking, or an approved outdoor fireplace used for warmth that has three
sides and a spark arrestor and complies with Sec. 307. The fire official may
prohibit any or all fires, or order the immediate extinguishment of any and all
fires when, in his sole discretion, atmospheric conditions or local
circumstances make such fires an immediate threat to public safety or the
smoke or ash from such fires becomes a public nuisance.
307.5 Open -flame cooking devices. Charcoal burners and other open -
flame cooking devices shall not be operated on balconies or within 10 feet
(3048 mm) of a building.
Exceptions:
1. One- and two-family dwellings.
2. Where the building and the area where the charcoal burner or
open -flame cooking device is operated, such as a patio, deck,
porch, or balcony, are protected by an automatic sprinkler
system.
Charcoal burners, solid fuel cookers, and barbeque pits shall be listed for
their intended use and shall not be used inside a structure unless specifically
intended or listed for inside use.
(4) 503.3 Marking. Where required by the code official, approved signs or
approved markings shall be provided for fire apparatus access roads to
identify such roads or prohibit the obstruction thereof. Signs or markings
shall be maintained in a clean and legible condition at all times and replaced
or repaired when necessary to provide adequate visibility.
Whenever any provision regarding the regulation of fire lanes contained in
the most recent edition of the International Fire Code adopted by the City is
in conflict with the provisions of this subsection, the provisions of this
subsection shall govern.
The owner, manager, or person in charge of any new or existing building or
property for which fire lanes have been approved or required by the Fire
Marshal or his authorized representative shall mark and maintain said fire
4
ORDINANCE NO. 1175
(5)
lanes as provided below.
(a) Fire lanes shall be located immediately adjacent to the
structure served unless conditions exist that render such placement
impossible in the discretion of the Fire Marshal, in which case the fire
lanes shall be located as close to the structure as possible. The
minimum corner radius on turns shall be 25' on the inside and 50' on
the outside.
(b) All curbs and curb ends shall be painted red with white lettering
four inches (4") high and at least one half -inch ( IA") stroke, stating
"NO PARKING - FIRE LANE". Wording may not be spaced more
than twenty five feet (25') apart. Fire lanes shall be marked on both
sides of access roads so as to assure a minimum of 24' clear width in
the middle of said access roads.
(c) In areas where fire lanes are required but no continuous curb is
available, one of the following methods shall be used, in conjunction
with curb markings where possible, to indicate that the fire lane is
continuous:
(1) Signs that comply with Section D103.6 shall be mounted
conspicuously along the edge of the fire lane, spaced no more
than twenty-five feet (25') apart, and shall have lettering at
least two inches (2") high with three -eighths inch (3/8") stroke.
(2) From the point the fire lane begins to the point the fire
lane ends, including behind all parking spaces which adjoin a
fire lane, there shall be painted one continuous red stripe
having a minimum width of at least six inches (6"). Fire lanes
shall be stenciled every twenty-five feet (25') apart "NO
PARKING FIRE LANE" with white lettering four inches (4")
high and at least one half -inch (W) stroke. Fire lanes shall be
so marked on both sides of the lane.
506.1 When required. All new construction, an existing building with an
existing monitored fire protection system (alarm/sprinkler), or any building
undergoing repair or alteration work where the work costs 50% or more of
the building's value shall be required to have a key box approved by the Fire
Marshal.
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ORDINANCE NO. 1175
(6) 508.1 Required water supply. An approved water supply capable of
supplying the required fire flow for fire protection shall be provided to
premises upon which facilities, buildings or portions of buildings are hereafter
constructed or moved into or within the jurisdiction.
This subsection shall only apply to new construction or an existing building
when there is repair or alteration where the work costs 50% or more of the
building's value, a change in the occupancy classification, or any change in
occupancy following a continuous period of six months during which the
building was vacant or unoccupied.
(7)
508.3 Fire flow. Fire flow requirements for buildings or portions of buildings
and facilities shall be determined by the Fire Marshal based upon the city's
infrastructure, but in no case shall be less than 1,000 GPM for a duration of
two hours.
(8) 903.2.5 Group I. An automatic sprinkler system shall be provided
throughout buildings with a Group 1 fire area, except that an automatic
sprinkler system installed in accordance with Sections 903.3.1.2 or 903.3.1.3
shall be allowed in Group 1-1 facilities. An automatic residential fire alarm
system, equipped with emergency force notification and initiated by smoke
detection and activation of the automatic sprinkler system, shall also be
provided throughout buildings with a Group I fire area.
(9)
This section shall only apply to the new construction or registering/licensing
of a facility other than a foster home.
903.2.7 Group R-1 and Group R-2. An automatic sprinkler system shall be
provided throughout all buildings with a Group R-1 or Group R-2 fire area,
including balconies, patios, and porches, regardless of number of units, story
height, fire separations, or availability of direct egress to the outside.
(10) 903.2.10 Group S. All storage facilities (S-1/S-2) moderate/low-hazard that
are 5000 sq. ft. or more shall be fully sprinklered, regardless of the fire area
and aggregate floor area. Installation of fire separations is not an exception
to sprinklers on structures that have a fire area greater than 5000 sq. ft.
(11) 903.3.7 Fire department connections. The fire department connection
(FDC) shall be located at a point no further than 20 feet from a fire apparatus
access road, remotely located at a horizontal distance that is greater than the
height of the building on the main street side, and easily accessible to the
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ORDINANCE NO. 1175
Fire Department. The location of the FDC shall be such so as to provide
hose connections that shall not block access to the building or obstruct other
fire apparatus from accessing the building. There shall be an approved sign
as specified by the Fire Marshal designating the address served by the FDC.
A fire hydrant shall be located within one hundred feet (100') of the FDC
measured along a fire apparatus access road. FDCs shall have a five inch
(5") Storz connection and shall include an approved locking cap as specified
by the Fire Marshal.
(12) 904.3.5 Monitoring. Where a building fire alarm system is installed,
automatic fire -extinguishing systems shall be monitored by the building fire
alarm system in accordance with NFPA 72. If the building has no fire alarm,
a local electronic or mechanical alarm shall be required to indicate when the
system has activated.
(13) 905.1 General. Standpipe systems shall be provided in new buildings and
structures in accordance with this section. Fire hose threads used in
connection with standpipe systems shall comply with NFPA 1963 or as
otherwise approved and shall be compatible with fire department hose
threads. The location of fire department hose connection shall be approved.
In buildings used for high -piled combustible storage, fire protection shall be
in accordance with Chapter 24. When a standpipe system is required only a
Class I or Class III standpipe with a 2 1/2" to 1 1/2" reducer attached shall be
acceptable.
(14) 905.5 Location near auditorium. In Group A-1 and A-2 occupancies with
occupant Toads of more than 1,000, Class I or Class III hose connections
shall be located on each side of any stage, on each side of the rear of the
auditorium, on each side of the balcony, and on each tier of dressing rooms.
(15) 907.1 General. This section covers the application, installation, performance
and maintenance of fire alarm systems and their components in new and
existing buildings and structures. The requirements of Section 907.2 are
applicable to new building and structures. The requirements of Section
907.3 are applicable to existing buildings and structures.
All new installations of residential automatic fire alarm systems shall comply
with the latest published edition of NFPA 72. Said installations shall include
smoke detectors in all sleeping rooms, in the hallway outside the sleeping
rooms, and one per floor. The detectors shall be interconnected and
electrically hard wired with battery backup in the alarm system.
7
ORDINANCE NO. 1175
(16) 907.1.2 Equipment. Systems and their components shall be listed and
approved for the purpose for which they are installed. All new fire alarm
systems installed in structures with more than one story or larger than 5000
square feet shall be addressable and communication devices shall be
compatible for emergency force notification. The system shall have
occupant notification throughout the building in compliance with ADA
requirements, and manual pull stations shall be required by all exits
regardless of any conflicting provision in the code.
(17) 907.2 Where required -new buildings and structures. An approved
manual, automatic, or manual and automatic fire alarm system shall be
provided in new buildings and structures in accordance with Sections 907.2.1
through 907.2.23. Where automatic sprinkler protection installed in
accordance with Section 903.3.1.1 or903.3.1.2 is provided and connected to
the building fire alarm system, automatic heat detection required by this
section shall not be required.
An approved automatic fire detection system shall be installed in accordance
with the provisions of this code and NFPA 72. Devices, combinations of
devices, appliances and equipment shall comply with Section 907.1.2. The
automatic fire detectors shall be smoke detectors, except that an approved
alternative type of detector shall be installed in spaces such as boiler rooms
where, during normal operation, products of combustion are present in
sufficient quantity to actuate a smoke detector.
When the installation of a new fire alarm system is required in any type of
occupancy, said system shall be equipped with one means of automatic
activation, such as smoke detection, heat detection, or fire sprinklers, in
addition to manual operation of the fire system. All new installations shall be
monitored for emergency force notification and for integrity by means of a
dedicated first phone line.
(18) 907.2.1.1 System initiation in Group A occupancies with an
occupant load of 300 or more. All new and existing assembly buildings
with an occupant load of 300 or greater shall install Emergency Voice
Evacuation (EVAC) systems in accordance with NFPA 72.
(19) 907.15 Monitoring. Where required by this chapter, an approved
supervising station in accordance with NFPA 72 shall monitor fire alarm
systems. Alt alarm activations monitored by an approved supervising station
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ORDINANCE NO. 1175
shall not be subject to pre -qualification. Instead, the local fire department
shall immediately be notified of all alarm activations.
Exception: Supervisory service is not required for automatic sprinkler
systems in one- and two-family dwellings.
(20) 1004.2.1 Exit or exit access doorways required. All assembly, business,
mercantile, educational, and hazardous occupancies with more than 50 foot
of travel distance to an exit doorway from any portion of the building shall be
provided with two means of egress that are remotely separated (not on the
same plane). All egress doors must swing in the direction of the exit travel.
(21) 2505.8 Location of storage. Storage of waste tires in any form, whether
whole, split shredded, or chopped, shall only be allowed in no more than one
(1) enclosed trailer, 8' x 8' x 20' or 1280 ft.', located on -site.
(22) D103.6.1 Posting of fire lanes. Fire access roads that are required to be
marked shall have a minimum width of 24 feet and shall be posted on both
sides as a fire lane.
10-48. Life safety code adopted.
NFPA 101, Life Safety Code Handbook, 2000 edition, is hereby adopted and incorporated
herein and made a part of hereof for all intents and purposes, and shall apply for repairs,
alterations, renovations, and maintenance of all commercial buildings and appurtenances
thereto.
10-49. Penalty for violation.
(a) Any person, firm or corporation who violates or fails to comply with the requirements
or provisions of the "City of Pearland Fire Code," as herein adopted, shall be deemed guilty
of a misdemeanor, and shall, upon conviction by a court of competent jurisdiction, be
punished as provided in section 1-11 of this Code.
(b) In prosecutions under this section, the requirement that a culpable mental state be
pled and proven by the state is hereby waived."
9
ORDINANCE NO. 1175
Section 2. Savings. All rights and remedies which have accrued in favor of the
City under this Ordinance and amendments thereto shall be and are preserved for the
benefit of the City.
Section 3. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity
of the remaining portions thereof.
Section 4. Repealer. All ordinances and parts of ordinances in conflict herewith
are hereby repealed but only to the extent of such conflict.
Section 5. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official
Code of Ordinances as provided hereinabove.
Section 6. Effective Date. The City Secretary shall cause this Ordinance, or its
caption and penalty, to be published in the official newspaper of the City of Pearland, upon
passage of such Ordinance. The Ordinance shall then become effective ten (10) days
from and after its publication, or the publication of its caption and penalty, in the official City
newspaper.
PASSED and APPROVED on FIRST READING this the 9th day of August ,
A. D., 2004.
10
ORDINANCE NO. 1175
TOM REID
MAYOR
ATTEST:
IN4, T
Y SE'' ETARY
PASSED and APPROVED on SECOND AND FINAL READING this the 23rd day
of August , A. D., 2004.
ATTEST:
CRETAR
APPROVED AS TO FORM
DARRIN M. COKER
CITY ATTORNEY
11
TOM REID
MAYOR
VOTING RECORD SECOND AND FINAL READING
August 23, 2004
Voting "Aye" - Councilmembers Cole, Marcott, Viktorin,
Owens, and Tetens.
Voting "No" - None.
Motion passes 5 to 0.
PUBLICATION DATE:
EFFECTIVE DATE:
August 25, 2004
September 3, 2004
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
Planning & Zonfflg Colnhllissioll
City of Pearland
July 1, 2004
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Adoption of the 2000 International Building Code, Fire Code and
Safety Code
Honorable Mayor and Council Members:
At their regular meeting of June 21, 2004 the Planning and Zoning Commission considered the
adoption of the 2000 International Building Code, Fire Code and Safety Code.
Chairman Todd Iocco made a motion to break this down into two parts, one part being the Fire
Code and Safety Code, and the second part being the International Building Code.
Commissioner David Ransom seconded. Motion to approve passed 5-0.
Commissioner David Ransom made a motion to approve the 2000 International Fire and Safety
Code with a second from Vice Chairperson Sheryl Greiner. Motion to approve passed 5-0.
Commissioner David Ransom made a motion to approve, seconded by Chairman Todd Iocco.
Chairman Todd Iocco made an amending motion to accept the 2000 International Building Code
excluding the plumbing and fuel gas code and replace it with the Uniform Plumbing Code,
seconded by Vice Chairperson Sheryl Greiner. Motion to approve the amended motion passed
5-0. Voting to accept the 2000 International Building Code with amendment, the motion passed
5-0.
Sincerely,
Planning and Zoning Commission
and
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
r� -i116
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria, Harris & Galveston Counties, for / issues, as follows:
No. Date ^a 20 „_
No Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this 16
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
••••••••••♦•••••••••.f•••••••••••
•.
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
O{,0V-1
6
ORDINANCE NO.1175
AN ORDINANCE OF THE
CITY COUNCIL OF THE
CITY OF PEARLAND,
TEXAS, AMENDING
CHAPTER 10, FIRE PRE-
VENTION AND PROTEC-
TION, OF THE CITY OF
PEARLAND CODE OF
ORDINANCES, AS IT MAY
HAVE BEEN, FROM TIME
TO TIME, AMENDED, TO
AMEND ARTICLE III, ENTI-
TLED FIRE CODE; HAV-
ING A SAVINGS CLAUSE,
A SEVERABILITY
CLAUSE, AND A REPEAL-
ER CLAUSE; AND PRO-
VIDING FOR CODIFICA-
TION AND AN EFFECTIVE
DATE.
10-49. Penalty for violation.
(a) Any person, firm or cor-
poration who violates or
fails to comply with the
requirements or provisions
of the "City of Pearland Fire
Code," as herein adopted,
shall be deemed guilty of a
misdemeanor, and shall,
upon conviction by a court
of competent jurisdiction, be
punished as provided in
section 1-11 of this Code.
(b) In prosecutions under
this section, the requirement
that a culpable mental state
be pled and proven by the
state is hereby waived."
PASSED and APPROVED
on FIRST READING this.
the 9th day of August , A.
D., 2004.
PASSED and APPROVED
on SECOND AND FINAL
READING this the 23rd
day of August , A.
D., 2004.
/s/ Tom Reid
Mayor
ATTEST:
/s/ Young Lorfing
City Secretary
APPROVED AS TO FORM
/s/ Darrin M. Coker
City Attorney
VOTING RECORD
SECOND AND FINAL
READING
August 23, 2004
Voting "Aye"-
Councilmembers Tetens,
Ownes, Viktorin, Marcott
and Cole.
Motion passes 5 to 0.
PUBLICATION DATE:
August 25, 2004
EFFECTIVE DATE:
September 3, 2004
PUBLISHED AS
REQUIRED BY SECTION
3.10 OF THE CHARTER
OF THE CITY OF
PEARLAND, TEXAS