Ord. 1211-2019-08-26ORDINANCE NO. 1211-2019
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 (most
recently by Ordinance Nos. 1211-2015), by amending Chapter 10, Fire
Prevention and Protection; having a savings clause, a severability clause,
and a repealer clause; and providing for codification and an effective date.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYOF PEARLAND, TEXAS:
Section 1. That Chapter 10, Fire Prevention and Protection, of the City of Pearland
Code of Ordinances, is hereby amended, to read as follows:
" Chapter 10 - FIRE PREVENTION AND PROTECTION
ARTICLE I. - IN GENERAL
Sec. 10-1. - Arson reward —Established.
The mayor is hereby empowered to offer a reward of one thousand dollars ($1,000.00),
payable to the person or persons who shall be responsible for the arrest and conviction of any
person committing the crime of arson in the city as the same is now defined by the penal code
of the state.
Sec. 10-2. — Same —How offered.
Whenever the mayor shall be informed that any fire occurring in the city was of an
incendiary origin, he shall call for a report on the same by the city fire marshal, and if the
marshal shall report that such fire was caused by the commission of the crime of arson, it shall
become the duty of the mayor to offer the reward provided by section 10-1, which reward shall
be in the form of a proclamation duly issued by the mayor under his official signature and
attested by the seal of the city.
Sec. 10-3. — Same —Notice.
(a) The city secretary is hereby directed to have prepared and posted an arson reward notice
on placards eight (8) inches by twelve (12) inches in size showing the following reward
notice:
ARSON REWARD
The City of Pearland, Texas, hereby offers the reward of one thousand dollars ($1000.00)
for the arrest and conviction of any person or persons found guilty of committing the crime
of arson within the corporate limits of the City of Pearland, Texas. This reward is a
standing offer and shall be paid out of the general fund of the City of Pearland, Texas.
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(b) Such placards shall be placed in wooden frames under glass and shall be posted inside at
least twenty (20) different public buildings within the city, one of which shall be the city hall,
in accordance with the regulations of the state fire insurance department.
Sec. 10-4. — Same —Payment.
Upon information being given by any person causing the arrest and conviction of any
person guilty of the specific crime of arson and upon the final conviction of such person, the
person giving such information shall be entitled to receive the reward offered in section 10-1
from the city.
Sec. 10-5. - Tampering with the alarm system.
Whosoever shall maliciously tamper with any part or parts of the municipal fire alarm
system, such as pulling false box alarms, cutting any of the line wires or disfiguring boxes, shall
be deemed guilty of a misdemeanor.
Sec. 10-6. - Parking area security gates -Emergency override control devices required.
Except as otherwise provided in this section, owners or operators of controlled vehicle
parking areas which use mechanical parking gates to control motor vehicle ingress or egress
shall install and maintain an emergency override control device (approved by the fire official) on
each gate. Said device shall be a master key -operated type switch. Said master keys shall be
provided in sufficient quantity as requested to be furnished to the fire official at the owner's or
operator's expense. Except as otherwise provided in this section, emergency override control
devices shall be required for all said mechanical parking gates whether or not said gates were
installed before or after [July 6, 1992,] the effective date of this section.
Sec. 10-7. - Notice of pipeline malfunctions.
Any gas leak, product loss, or critical pressure loss or any other malfunction, from any
underground pipeline or associated aboveground valves, pumps and connections
occurring within the corporate city limits of the city, indicating a possible emergency, shall
be reported immediately by the person or corporation owning or operating the pipeline to
the emergency services dispatcher in the city.
Secs. 10-8-10-16. — Reserved
ARTICLE II. - FIRE MARSHAL
Sec. 10-17. - Office created.
The office of fire marshal is hereby created in and for the city.
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Sec. 10-18. - Qualifications.
The person appointed fire marshal shall be properly qualified for the duties of his office in
accordance with recognized standards
Sec. 10-19. - Removal from office.
The person appointed as fire marshal shall be removed from office only for cause.
Sec. 10-20. - Duty to investigate fires.
The fire marshal shall investigate the cause, origin and circumstances of every major
and/or suspicious fire occurring within this city, and every fire in which a serious fire related
injury or fatality has occurred, and every fire in which there has been a major loss of property or
in which property has been severely damaged within this city, and shall especially make
investigation as to whether such fire was intentional or the result of carelessness or design.
Such investigation shall begin as soon as practical after the occurrence of such fire.
Sec. 10-21. - Taking of testimony generally.
The fire marshal, when in his opinion further investigation is necessary, shall take or cause
to be taken the testimony, on oath, of all persons supposed to be cognizant of any facts or to
have means of knowledge in relation to the matter under investigation, and shall cause the
same to be reduced to writing.
Sec. 10-22. - Summon witnesses, obtain evidence, oaths.
The fire marshal shall have the power to summon witnesses before him to testify in
relation to any matter which is by the provisions of this chapter subject of inquiry and
investigation, and may require the production of any book, paper or document deemed
pertinent thereto. The fire marshal is hereby authorized and empowered to administer oaths
and affirmations to any persons appearing as witnesses before him.
Sec. 10-23. - Private investigations, separate witnesses.
All investigations held by or under the direction of the fire marshal may, in his discretion,
be private, and persons other than those required to be present may be excluded from the
place where such investigation is held, and witnesses may be kept separate and apart from
each other and not allowed to communicate with each other until they have been examined.
Sec. 10-24. - Duty when evidence indicates arson.
If the fire marshal shall be of the opinion that there is evidence sufficient to charge any
person with the crime of arson, or with the attempt to commit the crime of arson, or of
conspiracy to defraud, or criminal conduct in connection with such fire, he shall cause such
person to be lawfully arrested and charged with such offense or either of them, and shall
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furnish to the proper prosecuting attorney all such evidence, together with the names of
witnesses and all of the information obtained by him, including a copy of all pertinent and
material testimony taken in the case.
Sec. 10-25. - Misconduct of witnesses.
Any witness who refuses to be sworn, or who refuses to appear or testify, or who disobeys
any lawful order of the fire marshal, or who fails or refuses to produce any book, paper or
document touching any matter under examination, or who is guilty of any contemptuous
conduct during any of the proceedings of the fire marshal in the matter of the investigation or
inquiry, after being summoned to give testimony in relation to any matter under investigation as
aforesaid, shall be deemed guilty of a misdemeanor; and it shall be the duty of the fire marshal
to cause all such offenders to be prosecuted.
Sec. 10-26. - Right of entry.
The fire marshal shall have the authority at all times of day or night, when necessary, in
the performance of the duties imposed upon him by the provisions of this article, to enter upon
and examine any building or premises where any fire has occurred, and other buildings and
premises adjoining or near the same, which authority shall be exercised only with reason and
good discretion.
Sec. 10-27. - Inspection of premises.
The fire marshal having probable cause, or upon complaint of any person having interest
in any building or property adjacent and without any complaint, shall have the right at all times,
for the purpose of examination, to enter into and upon all buildings and premises within the city.
It shall be his duty, monthly or more often, to enter upon and make or cause to be entered and
made, a thorough examination of all mercantile, manufacturing and public buildings, together
with the premises belonging thereto.
Sec. 10-28. - Correction of dangerous conditions.
Whenever the fire marshal shall find any building or other structure which, for want of
repair, or by reason of age or dilapidated and unsafe condition, or for any cause is especially
liable to fire, and which is so situated as to endanger other buildings or property, or so
occupied that fire would endanger persons or property therein, and whenever the fire marshal
shall find an improper or dangerous arrangement of any of the following:
(a) Any kind of heat producing devices whatsoever;
(b) Any electrical or electronic devices or systems;
(c) Dangerous or unlawful storage of explosives, compounds, flammable liquids,
combustible materials, hazardous materials; or
(d) Any other condition(s) which may be dangerous in character or liable to cause or
promote fire or create conditions dangerous to the firefighters, occupants, or
neighbors;
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the fire marshal shall immediately order the same to be remedied by code compliance or
demolished and removed from site, and such order shall be complied with by the owner or
occupant of the building or premises in the time specified by the fire marshal; provided,
however, that if the owner or occupant deems himself aggrieved by such order, he may, within
five (5) days, appeal to the city manager, who shall investigate the cause of the complaint and
unless by his authority the order is revoked within fourteen (14) days, such order shall remain
in force and be forthwith complied with by the owner or occupant.
All conditions described above are hereby declared to be a common and public nuisance,
constituting a fire hazard and posing an immediate threat to the community within the city and
within the area immediately adjacent and contiguous to the city limits extending for a total of
five thousand (5,000) feet.
Sec. 10-29. - Record of fires.
The fire marshal shall keep in his office a record of all fires occurring within the city,
together with all facts, statistics and circumstances, including the origin of the fires and the
amount of loss, which may be determined by the investigation required by this article.
Sec. 10-30. - Attendance at fires.
The fire marshal shall answer fire alarms and be present at all fires within the city
whenever possible and practical.
Secs. 10-31-10-45. - Reserved.
ARTICLE III. - FIRE CODE
Sec. 10-46. - Fire code adopted.
There is hereby adopted the "City of Pearland Fire Code," which shall consist of the
International Fire Code, 2018 Edition, including appendices as published by the International
Code Council, Inc. A copy of said code shall be maintained in the office of the city secretary.
Sec. 10-47. - Local amendments.
The fire code adopted in section 10-46 is hereby modified as follows:
(a) The following provisions are added:
(1) 107.4.1 No waiver. The failure of the Pearland Fire Marshal to enforce any provision of
the fire code shall in no case constitute or be deemed a waiver of the applicability of
said provision or the authority of the Fire Marshal to enforce it.
(2) 107.2.1 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 and life
safety code.
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(3)
907.5.1.1 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.
(4) 1103.5.1.1 Group A-2, Existing A-2 type occupancies where alcoholic beverages are
consumed and occupant Ibad is 300 or more, shall be equipped with an automatic fire
alarm system in compliance with NFPA 72. In the event of a level III alteration as
defined by the International Building Code. Building would be required to comply with
1103.5.1 of the International Fire Code.
(5)
3405.8 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.
(6) 3405.9 Public nuisance declared. Tires not designated for retail or wholesale
consumption shall not be allowed to accumulate above the limits herein established
regardlessof 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:
(1) 905.5.1 Groups A-1 and A-2.
(2) 905.5.2 Protection.
(3) 905.5.3 Class 11 system 1 inch hose.
(c) The following provisions are adopted in place of the identically numbered provisions in the
International Fire Code, 2018 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 any fire protection system.
Installation of underground fire mains.
Installation of smoke control systems.
Installation of fire pumps.
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(3)
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 II Permits (includes permit and site inspection)
Temporary storage tanks.
Public displays of fireworks.
Installation of Firefighter air replenishment system.
Installation of Emergency Responder Radio System.
(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 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.
503.3 Marking. Where required by the code official, approved signs or other approved
notices shall be provided for fire apparatus access roads to identify such roads or
prohibit the obstruction thereof. Signs or notices 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 lanes as provided below.
(a) Fire lanes shall not be located immediately adjacent to a structure if other
possible locations exist that are not immediately adjacent but close enough to
give sufficient access to at least three sides of the structure. The minimum corner
radius on the turns shall be 25' on the inside and 50' on the outside.
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(9)
(b) All curbs and curb ends shall be painted red with white lettering four inches (4")
high and at least one half -inch (1/z') 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 ('/z') stroke. Fire lanes shall be so marked on both sides of the lane.
(4) 503.2.3.1 Construction standards. Fire apparatus access roads shall be designed and
maintained to support the imposed loads of fire apparatus in all weather conditions.
Access roads shall be constructed of concrete utilizing the standards in the City of
Pearland's Engineering Design Criteria Manual for a public local street, unless an
alternative is approved by the City Engineer.
506.1.3 When required. All new construction and any existing building with a
monitored fire alarm system shall be required to have a key box approved by the Fire
Marshal.
(5)
(6) 904.1.2 Fire suppression. Any domestic cooking appliance installed in a commercial
facility, including foster care facilities, shall provide cooking fire suppression as
approved by the Fire Code Official.
903.2.6.1 Group 1. No sprinklers shall be required in Home and Community Based
Services (HCS) residences for individuals with intellectual or developmental
disabilities regulated by the Texas Department of Aging and Disability Services
(DADS), unless DADS would otherwise require sprinklers in such homes.
(8) 903.2.8 Group R. An automatic sprinkler system shall be provided throughout all
buildings with a Group R occupancy fire area, including attached balconies, patios,
porches, breezeways, car ports, and porte cocheres, regardless of fire separations.
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 away from the building collapse zone at a horizontal distance that is at least
one and one-half times the height of the building on the main street side, and easily
accessible to the 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
(7)
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shall include an approved locking cap as specified by the Fire Marshal. FDC shall be
installed into a pre -fabricated vault to allow access to mechanical devices. FDC piping
shall be an independent dry line connected to the fire protection system after all shut
off valves.
(10) 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 INFPA 72. If the building has no fire alarm, a local audible and visible
alarm notification appliance shall be required to indicate when the system has
activated.
(11) 905.5.1 Location near auditorium. In Group A-1 and A-2 occupancies with occupant
loads 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.
(12) 907.1.3 Equipment. Systems and their components shall be listed and approved for
the purpose for which they are installed. All new fire alarm control panels, remote
annunciators, and initiating devices shall be addressable and communication devices
shall be monitored by an approved supervising station in accordance with NFPA 72.
The system shall have occupant notification throughout the building in compliance
with ADA requirements.
(13) 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.
(14) 907.6.6 Monitoring. Where required by this chapter or the International Building Code,
monitoring shall be provided by an approved supervising station in accordance with
NFPA 72. All alarm activations monitored by an approved supervising station shall not
be subject to pre -qualification. Instead, the local fire department shall immediately be
notified of all alarm activations.
(15) 3405.8 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. 3, located on -site.
(16) Appendix L, any building classified as a high rise by International Building Code or if
special hazards require unique accommodations shall be subject to installing
firefighter air replenishment system(s). The requirement shall be based on the fire
departments capability of replenishing firefighter breathing air during sustained
emergency operations.
Sec. 10-48. - Life safety code adopted.
NFPA 101, Life Safety Code Handbook, 2018 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. A copy of said code shall be maintained in the office of the city secretary.
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Sec. 10-49. - Local amendments.
The life safety code adopted in section 10-48 is hereby modified to delete the following
provisions in their entirety:
(1) 12.3.5.1
(2) 24.3.5.1
Sec. 10-50. - 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 or the City of Pearland Life Safety 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.
Secs. 10-51-10-72. - Reserved.
ARTICLE IV. - FIREWORKS
Sec. 10-73. - Definitions.
For the purposes of this article, the terms used herein are defined as follows:
Distributor.. Those who sell fireworks to retailers or to jobbers for resale to others.
Fireworks: Any firecrackers, cannon crackers, skyrockets, torpedoes, roman candles,
sparklers, squibs, fire balloons, star shells, gerbs or any other substance in whatever
combination by any designated name intended for use in obtaining visible or audible
pyrotechnic display; and such term shall include all articles or substances within the commonly
accepted meaning of fireworks whether herein specially designated and defined or not.
Importer: Those who import fireworks from a foreign country for sale to distributors,
jobbers or retailers within the State of Texas.
Jobber: Those who purchase fireworks for resale to consumers only.
Manufacturer: Persons, firms, corporations or associations that are engaged in the making
of fireworks.
Person: Any natural person, association of persons, partnership, corporation, agent or
officer of a corporation and shall also include all warehousemen, common and private carriers,
bailees, trustees, receivers, executors and administrators.
Public display: The igniting and shooting of fireworks for public amusement.
Retailers: Those who purchase fireworks for resale to consumers only.
Sec. 10-74. - General prohibition.
Except as otherwise specifically provided in this article, it shall be unlawful for any person
to sell, offer to sell or have in his/her possession with intent to sell, keep, use, discharge, cause
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to be discharged, ignite, detonate, fire or otherwise set in action any fireworks of any
description.
Sec. 10-75. - Aiding minors to purchase, use, etc., fireworks.
No relation in the ascending line of a minor or guardian of a minor shall furnish money or a
thing of value to a minor for the purchase of fireworks or encourage, act in conjunction with or
in any manner instigate or aid a minor in the commission of having, keeping, storing, selling,
offering for sale, giving away, using, transporting or manufacturing fireworks within the
corporate limits of the city. This shall be an offense regardless of whether the minor has been
found guilty of the offense. The commission of the offense by the minor on the property under
the control or owned by the relation or guardian shall be prima facie evidence that the relation
or guardian was instigating or aiding the minor.
Sec. 10-76. - Exceptions.
The general prohibition as set forth in section 10-74 herein shall not apply to the following:
(1) Section 10-74 shall not apply to toy pistols, toy canes, toy guns or similar devices in
which paper caps containing twenty-five one -hundredths (0.25) grains or less of
explosive compounds are used provided they are so constructed that the hand cannot
come in contact with the cap when in place for exploding, and toy paper pistol caps
which contain less than twenty-five one -hundredths (0.25) grains of explosive
compounds, the sale and use of which shall be permitted at all times.
(2) It shall not be unlawful upon a permit issued by the fire marshal for any person
engaged in any organized play, legitimate theatrical performance, circus or other show
designed for the amusement and edification of the general public to use, discharge or
cause to be discharged and ignited fireworks as a part of an act, performance, play or
circus so long as such person does not also engage in the retailing, wholesaling,
selling or distribution of any of such fireworks. The fire marshal shall cause to be
made an investigation of each application made hereunder to determine whether the
use of such fireworks as proposed shall be of such a character that it may be
hazardous to property or dangerous to any person; and he/she shall, in the exercise of
reasonable discretion, grant or deny the application for such permit.
Section 10-74 shall not apply to signal flares and torpedoes of the type and kind
commonly used by any railroads, which signal flares and torpedoes are received by
and stored or transported by any railroad for use in railroad operation; nor shall
section 10-74 apply to any marine signal flare or rocket which is transported or
received and stored for use only as ship's stores; nor shall section 10-74 apply to
signal flares or rockets for military or police use; nor shall section 10-74 apply to signal
flares for use by motorists in distress.
(3)
Sec. 10-77. - Public displays exempted.
The provisions of section 10-74 shall not apply to a public display of fireworks made under
the terms and conditions of this section, and such display shall be permitted upon compliance
with the provisions of this section as follows:
(1) Any adult person or any firm, co -partnership, corporation or association planning to
make a public display of fireworks shall first make a written application for a permit to
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the fire marshal at least forty-eight (48) hours in advance of the date of the proposed
display.
(2) It shall be the duty of the fire marshal to make an investigation as to whether the
display as proposed by the applicant for a permit under this article shall be of such a
character that it may be hazardous to property or dangerous to any person; and
he/she shall, in the exercise of reasonable discretion, grant or deny the application
subject to the conditions prescribed in this section. In the event the application is
approved, a permit shall be issued for public display by the fire marshal. Such permit
shall be for a period of time designated on the permit but shall not exceed fourteen
(14) days, and the permit shall not be transferable. In the event that the application is
denied by the fire marshal, he/she shall notify the applicant of the denial in writing.
The applicant for a display permit under this section shall, at the time of making
application, furnish proof that he/she carries compensation insurance for his/her
employees as provided by the laws of the state; and he/she shall file with the fire
marshal a certificate of insurance evidencing the carrying of public liability insurance in
an amount not less than fifty thousand dollars ($50,000.00), issued by an insurance
carrier authorized to transact business in the state, for the benefit of the person
named therein as assured as evidence of ability to respond in damages in at least the
amount of fifty thousand dollars ($50,000.00), such policy to be approved by the fire
marshal. In lieu of insurance, the applicant may file with the fire marshal a bond in the
amount of fifty thousand dollars ($50,000.00) issued by an authorized surety company
approved by the fire marshal, conditioned upon the applicant's payment of all
damages to persons or property which shall or may result from or be caused by such
public display of fireworks or any negligence on the part of the applicant or his/her
agents, servants, employees or subcontractors in the presentation of the public
display.
(4) The range of aerial displays shall not be more than two hundred (200) feet, and the
fireworks shall be discharged vertically from steel tubes.
The limit of a display authorized by this section shall be not more than sixty (60)
minutes per performance, and there shall not be more than two (2) performances in
each twenty-four (24) hours.
(6) No public display of fireworks shall be of such a character and so located, discharged
or fired as to be hazardous or dangerous to persons or property, and this
determination shall be within the sound discretion of the fire marshal.
(3)
(5)
(7)
The persons handling the display of fireworks under this section shall be competent,
adult persons and experienced pyrotechnic operators approved by the fire marshal,
and no person not approved by the fire marshal shall handle fireworks at the public
display. The names of the experienced pyrotechnic operators shall be designated on
the permit issued.
(8) For each public display of fireworks under this section, not less than two (2) firemen of
the city shall be in attendance during the display. The expense of such firemen at the
display shall be borne by the applicant for the permit and shall be paid in advance at
the time of the application for the permit.
The material to be used for a public display authorized by this section shall not be
stored within the city limits (unless approved by the fire marshal) but shall be brought
(9)
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in on the day of the public display and then shall be taken immediately to the place of
display for further handling and storage.
Sec. 10-78. - Illegal fireworks as nuisance; seizure and destruction.
The presence of any fireworks within the city limits and within the area immediately
adjacent and contiguous to the city limits extending for a distance outside of the city limits for a
total of five thousand (5,000) feet, in violation of this article, is hereby declared to be a common
and public nuisance. The fire marshal may seize in accordance to state law any fireworks
found in violation of this article and any authorized deputy of the fire marshal, or any police
officer of the city or any other duly constituted Texas peace officer is empowered to stop the
transportation of and detain any fireworks being transported illegally or to close any building
where any fireworks are found stored illegally until the fire marshal can be notified in order that
such fireworks may be seized in accordance with the terms of this article. Notwithstanding any
penal provision of this article, the city attorney is authorized to file suit on behalf of the city, the
fire marshal or both for such injunctive relief as may be necessary to prevent unlawful storage,
transportation, keeping or use of fireworks within the city or such five -thousand -foot area. It
shall not be necessary to obtain injunctive relief as a prerequisite to the seizure of fireworks.
This section shall not apply within any portion of such five -thousand -foot area which is
contained within the territory of any other incorporated city, town or village.
Sec. 10-79. - Penalty.
Any person, firm or corporation who shall violate or fail to comply with the requirements of
any provisions of this article shall be guilty of a misdemeanor and shall, upon conviction by a
court of competent jurisdiction, be punished as provided in section 1-11 of the city Code of
Ordinances.
Sec. 10-80. - Permitted transportation; identification.
It shall not be an offense under this article for a person to transport ICC Class C common
fireworks as defined in V.T.C.A., Occupations Code § 2154.001, as amended, by motor
vehicles which meet the interstate commerce commission requirements for transporting ICC
Class C common fireworks if equipped with at least one ten -pound fire extinguisher for
extinguishing Type A, B and C fires along and upon Farm to Market Road 518 or upon State
Highway 35, either within the city limits or within five thousand (5,000) feet of the corporate
boundaries of the city. Vehicles used for transportation of fireworks shall be provided with a
sign on each side reading Fireworks. The sign shall have a white background with red letters at
least six (6) inches in height and a minimum width of not less than three -fourths (3/4) of an inch.
Secs. 10-81-10-90. - Reserved.
ARTICLE V. - HAZARDOUS MATERIALS
Sec. 10-91. - Definitions; applicability.
(a) For the purposes of this article, the term used herein is defined as follows:
ORDINANCE NO. 1211-2019
Hazardous materials: A substance or material which has been determined by the U.S.
Secretary of Transportation to be capable of posing an unreasonable risk to health, safety and
property when manufactured, stored or transported in commerce and which has been so
designated.
(b) This article shall apply to materials not otherwise covered in this Code which are highly
flammable, or which may react to cause fires or explosions, or which by their presence
create or augment a health, fire or explosion hazard, or which because of their toxicity,
flammability, or liability to explosion render fire -fighting abnormally dangerous or difficult;
also to flammable or combustible liquids which are chemically unstable and which may
spontaneously form explosive compounds, or undergo spontaneous reactions of explosive
violence or with sufficient evolution of heat to be a fire hazard. Hazardous chemicals,
oxidizing materials, potentially explosive chemicals, highly toxic materials and poisonous
gases are defined in the National Fire Protection Manuals.
Sec. 10-92. - When permit required.
(a) A permit shall be required for the storage, manufacturing or handling of more than fifty-five
(55) gallons of corrosive liquids; or more than five hundred (500) pounds of oxidizing
materials; or more than ten (10) pounds of organic peroxides; or more than five hundred
(500) pounds of nitromethane; or five hundred (500) pounds of water reactive chemicals or
one thousand (1,000) pounds or more of ammonium nitrate, ammonium nitrate fertilizers
and fertilizer mixtures covered in section 19-6(d); or any amount of highly toxic materials,
pyrophoric materials, hypergolic materials, cryogenic materials or poisonous gases.
(b) A permit shall be required for the storage, transportation or handling of more than one (1)
microcurie of radium not contained in a sealed source; or more than one (1) millicurie of
radium or other radioactive material in a sealed source or sources, or any amount of
radioactive material for which a specific license from the United States Atomic Energy
Commission is required.
(c) No person shall store or handle, or suffer, permit or allow the storage, existence or
handling of any of the substances described in subsection (a) above on any property
unless a permit issued pursuant to this chapter is in effect for the storage or handling of
the substances on the premises. Only one (1) permit shall be required for the storage and
handling of any or all of the substances listed in section 10-92(a) if the substances are
stored or handled on the same premises.
Sec. 10-93. - Protective facilities for manufacture, storage, handling and use generally;
defective containers; retail sale.
(a) The manufacture, storage, handling and use of hazardous materials shall be safeguarded
with such protective facilities as public safety requires.
(b) The fire marshal may require the separation, or isolation of any substance that in
combination with other substances may bring about a fire or explosion or may liberate a
flammable or poisonous gas. The fire marshal may require separation from other storage,
occupancies or buildings when the quantity stored constitutes a material hazard.
ORDINANCE NO. 1211-2019
(c)
Defective containers which permit leakage or spillage shall be disposed of or repaired in
accordance with recognized safe practices; no spilled materials shall be allowed to
accumulate on floors or shelves.
(d) Where kept for retail sale in containers or packages usual to the retail trade, storage shall
be neat and orderly and shelves shall be of substantial construction.
(e) Where specific requirements are not otherwise established, storage, handling and use of
hazardous materials shall be in accordance with nationally recognized good practice.
Sec. 10-94. - Storage of oxidizing materials.
(a) Packaging oxidizing materials shall be stored in dry locations and separated from stored
organic materials. Bulk oxidizing materials shall not be stored on or against wooden
surfaces.
(b) Oxidizing materials shall be stored separately from flammable liquids, flammable solids,
combustible materials, hazardous chemicals, corrosive liquids and such other
noncompatible materials as may be determined by the fire marshal.
(c) Oxidizing agents shall be stored and handled in accessible areas in fully sprinkled, fire -
resistive buildings.
Sec. 10-95. - Radioactive materials.
(a) Durable, clearly visible signs of warning of radiation dangers shall be placed at all
entrances to areas or rooms where radioactive materials are used or stored. In addition,
each container in which radioactive materials are used, stored or transported shall bear a
durable, clearly visible, appropriate warning sign. Such signs shall bear the three -bladed
radiation symbol in magenta or purple on a yellow background in accordance with
nationally recognized good practice.
(b) Signs are not required for storage of manufactured articles other than liquids, such as
instruments or clock dials or electronic tubes or apparatus of which radioactive materials
are a component part, and luminous compounds, when securely packed in strong
containers, provided the gamma radiation at any surface of the package in less than ten
(10) milliroentgens in twenty-four (24) hours.
(c) When not in use, radioactive materials shall be kept in adequately shielded fire-resistant
containers of such design that the gamma radiation will not exceed two hundred (200)
milliroentgens per hour or equivalent at any point of readily accessible surface.
Sec. 10-96. - Manufacture and storage of potentially explosive materials.
(a) General. Potentially explosive, combustible or flammable materials (liquid, solids, powders,
etc.) shall be manufactured and stored away from all heat -producing appliances and
electrical devices which are not intrinsically safe, and shall be protected from external
heat, fire or explosion. Explosive and blasting agents shall not be stored in the same
building or in close proximity to such materials, except by approval of the fire marshal.
Hazardous materials that are packaged in sealed containers and that are subject to
pressure build-up due to ambient temperatures, shall be stored in a covered, temperature
ORDINANCE NO. 1211-2019
controlled atmosphere so as not to allow pressure build-up to occur. Uncontaminated
contents of broken or cracked bags, packages or other container shall be immediately
transferred in an approved manner to new and clean containers before the product is
stored. Other spilled materials and discarded containers shall be immediately gathered up
and disposed of in an approved manner. All electric bulbs, appliances or devices shall be
explosion and/or vapor proof. (Upon approval by the fire marshal, vapor proof devices may
suffice in some areas.) Open ignition sources, flames and smoking shall be prohibited in or
near manufacturing and storage areas of hazardous materials, and shall be so posted.
Internal combustion motor vehicles (i.e., fork lift trucks, etc.) shall not be operated in areas
where such hazardous materials are manufactured or stored unless said vehicles are
intrinsically safe and display manufacturers plaque stating same.
(b) Organic peroxides. A detached, well isolated, ventilated and unheated storage building
with walls having not less than a two-hour fire -resistive rating constructed in accordance
with the building code, a noncombustible floor and a lightweight insulated roof shall be
provided for the storage of fifty (50) pounds or more of organic peroxides. If not adequately
protected by a fast -acting deluge type automatic sprinkler system, the storage building
shall be located the following minimum distances from flammable or combustible liquid
storage, combustible materials in the open and from any other building or highway:
Weight of organic peroxide
[Over]
(Pounds)
[Not over]
Distance
(Feet)
50 to
100
75
100 to
500
100
500 to
1,000
125
1,000 to
3,000
200
3,000 to
5,000
300
The organic peroxides shall be stored in the original shipping containers (DOT containers).
Care shall be taken to avoid rough handling or contamination of these chemicals. Readily
legible warning signs and placards shall be prominently placed in the storage and processing
areas.
Where organic peroxides are stored in refrigerated rooms or vaults, a warning placard is to
be conspicuously placed in an approved manner and shall set forth emergency procedure in
case of loss of electrical power or refrigeration.
(c) Nitromethane and other nitro -hydrocarbon compounds. A suitably isolated outdoor storage
area shall be provided for nitromethane. Hazardous processing shall not be permitted in
the vicinity of this storage area. Nitromethane shall be stored in the drums in which it is
received or in an underground tank with suitable corrosion protection and a minimum of
ORDINANCE NO. 1211-2019
two (2) feet of earth over the tank or in barricaded tanks aboveground. If the drum storage
is not adequately protected by a fast -acting deluge type automatic sprinkler system, the
storage of two thousand (2,000) pounds or more shall be located the following minimum
distances from inhabited buildings:
Pounds Weight
(Over) (Not Over)
Approximate
Number
of Drums
Distance
(Feet)
Beginning at 2,000
4
100
2,000 to 10,000
20
200
10,000 to 20,000
40
300
20,000 to 40,000
80
400
40,000 to 80,000
160
500
Care shall be taken to avoid rough handling or contamination of this chemical. Readily
legible warning signs and placards shall be prominently placed in the storage and processing
areas.
(d) Ammonium nitrate.
(1) All flooring in storage and handling areas shall be of noncombustible material and
shall be without drains, traps, pits or pockets into which any molten ammonium nitrate
could flow and be confined in the case of fire.
(2) Each storage pile of bags or other authorized packages and containers of such
materials shall not exceed twelve (12) feet in height, twelve (12) feet in width and thirty
(30) feet in length. Such pile units shall be separated by a clear space of not less than
thirty-six (36) inches in width from the base to the top of the piles. Cross aisles in the
storage area shall be not less than four (4) feet in width. A clearance of not less than
thirty (30) inches shall be maintained from building walls and partitions and of not less
than thirty-six (36) inches from ceilings or roof structural members with a minimum of
eighteen (18) inches from sprinklers.
(3) Ammonium nitrate storage areas shall be separated by a space of thirty (30) feet or by
a tight noncombustible partition from storages of organic chemicals, corrosive liquids,
compressed gases, flammable and combustible materials or other contaminating
substances such as sulphur, coal, flour, and metallic powders such as zinc, copper
and magnesium where storage of such materials is permitted with ammonium nitrate.
(4) Quantities of ammonium nitrate or ammonium nitrate fertilizer, having no organic
coating, in the form of crystals, flakes, grains or pills including fertilizer grade,
dynamite grade, nitrous oxide grade and technical grade ammonium nitrate and
ammonium nitrate phosphate (containing sixty (60) per cent or more ammonium
nitrate by weight) of more than fifty (50) tons total weight shall be stored in a well-
ORDINANCE NO. 1211-2019
(5)
ventilated building. Such building shall be of one -hour fire -resistive or noncombustible
construction as specified in the building code or shall be equipped with an approved
automatic fire extinguishing system. In populated areas, quantities of two thousand
five hundred (2,500) tons or more shall be stored in well -ventilated buildings of one -
hour fire -resistive or noncombustible construction as specified in the building code
equipped, with an approved automatic fire extinguishing system. No combustible
materials or ammonium nitrate sensitizing contaminants shall be stored in this
building.
Storage of ammonium nitrate, coated or mixed with organic anti -caking materials
except compound blasting agents, shall not be permitted in populated and congested
areas. Outside such areas, quantities of five hundred (500) tons or Tess may be stored
in well -ventilated buildings of one -hour fire -resistive or noncombustible construction,
as specified in the building code, equipped with an approved automatic fire
extinguishing system.
(6) Under no circumstances shall ammonium nitrate be stored with explosives, blasting
agents, booster chargers, or detonating materials.
Avoid material handling practices and maintenance of material handling equipment
that would result in contamination of the ammonium nitrate with organic materials.
Remove and dispose of contaminated material in an approved manner.
(e) Hydrogen peroxide.
(1) Concentrations over thirty (30) per cent to be stored in permanent containers only in
approved locations under special permit.
(2) Bulk storage tanks of hydrogen peroxide shall be located out of doors in vessels
equipped with safeguards required by good engineering practices with due
consideration for temperature and concentration.
(3) Dikes or drainage shall be provided to prevent storage area spills from approaching
buildings or other storage. Avoid drains that may contain other wastes or pass under
buildings.
(4) Arrangements shall be made for remote shutoff of hydrogen peroxide supply.
(5) Unloading stations for tank cars or trucks shall be located at least one hundred (100)
feet from storage tanks or guard rails should be provided to prevent mechanical
damage by unloading equipment. Isolate the unloading station from other material
unloading stations. Clearly identify the pipe connections to prevent introducing any
other material into the hydrogen peroxide system or vice versa. Lock all fill lines and
assign the key to the person responsible for the storage tank. Provide water hose near
the unloading stations to wash down any spills. Tank cars and trucks shall be
unloaded and removed promptly. Full tank cars should be kept on sidings at least one
hundred (100) feet from important buildings or equipment until they are unloaded.
(7)
Sec. 10-97. - Storage of highly toxic materials.
(a) Highly toxic materials are materials so toxic to man as to afford an unusual hazard to life
and health.
ORDINANCE NO. 1211-2019
(b) Highly toxic materials shall be segregated from other chemicals and combustible and
flammable substances by storage in a room or compartment separated from other areas
by a one -hour occupancy separation construction as specified in the building code. The
storage room shall be provided with adequate drainage facilities and natural or mechanical
ventilation to the outside atmosphere constructed as specified in the mechanical code.
(c) Legible warning signs and placards stating the nature and location of the highly toxic
materials shall be posted at all entrances to areas where such materials are stored or
used. All permanent containers and facilities to be marked in accordance with N.F.P.A.
Standard No. 740m. The fire marshal or his representative upon survey may require
placards setting forth emergency procedures in case of fire.
Sec. 10-98. - Storage of poisonous gases.
(a) Storage of poisonous gases shall be in rooms of at least one -hour fire -resistive
construction as specified in the building code and having natural or mechanical ventilation
adequate to remove leaking gas. Such ventilation shall not discharge to a point where the
gases may endanger any person.
(b) Legible warning signs stating the nature of hazard shall be placed at all entrances to
locations where poisonous gases are stored or used. All pertinent facilities for storage to
be marked in compliance with N.F.P.A. Standard No. 704m.
(c) Where severity of hazard is sufficiently dangerous to fire -fighting operations or other
emergency operations, the fire marshal may require approved, breathing apparatus in
numbers sufficient to allow plant personnel to assist emergency personnel in controlling
emergency spills, leaks or ruptures.
Sec. 10-99. - Containing and neutralizing or safely flushing away leakage of corrosive
liquids; piping of acids and corrosive liquids; storage of corrosive liquids; warning
signs.
(a) Satisfactory provisions shall be made for containing and neutralizing or safely flushing
away leakage of corrosive liquids which may occur during storage or handling. Quantities
of approved absorptive materials shall be maintained in quantities to control any spill from
portable container, drum or carboy. Such material to be stored in readily accessible
location and employees are to be adequately trained in emergency procedures.
(b) Piping of acids and corrosive liquids in process areas shall not be in overhead piping
unless approved safeguards are taken to guard against drips, leaks and ruptures.
(c) Storage of corrosive liquids shall be selected to prevent reaction with building components
should leaks or spills occur.
(d) Legible warning signs, stating the nature of hazard, shall be placed at all storage areas. All
permanent facilities for storage shall be marked in compliance with N.F.P.A. Standard No.
704m.
Sec. 10-100. - Storage and handling of materials that are hazardous in contact with
water.
ORDINANCE NO. 1211-2019
Metals and compounds that react vigorously with water include lithium, sodium, potassium,
calcium, rubidium, cesium, and the alloys and amalgams of these metals; phosphides, sulfides,
borides, nitrides, selenides, arsenides, carbides, silicides, hydrides, acid anhydrides, and
concentrated acids or alkalies.
These substances react strongly with water, steam or water solutions to produce heat and
flammable or explosive gases. Some materials, such as the alkali metals and metal hydrides,
undergo a vigorous exothermic reaction with water, evolving hydrogen, which may be ignited
spontaneously by the heat of reaction. The alkali metals also react strongly with all common
extinguishing agents.
The acid anhydrides, concentrated acids, and alkalies will react to produce considerable
heat. Other compounds react with water or decompose when heated to produce flammable
gases or explosive hydrides. In many cases, these gases are extremely toxic. The volatile
hydrides, including those of boron, phosphorous, and arsenic, will ignite spontaneously in air.
(1) Materials that are hazardous in contact with water shall be stored and handled in
buildings of fire -resistive or damage limiting construction, safely protected from floods
and windstorm damage.
(2) Complete sprinkler protection shall be provided if ordinary combustibles are present or
if construction is combustible. Sprinkler water does not increase the hazard of an
explosion because flammable gases released by reaction with water would ignite
immediately. The sprinkler discharge would protect the building, prevent ignition
beyond the immediate burning zone, and ultimately distinguish or control the fire.
Buildings having these materials shall be dry, cool and well ventilated. The may be
heated indirectly by dry hot air systems. Avoid the use of steam heating systems.
Buildings shall be designed as for hydrogen storage, with approved powered roof
vents to remove light gases promptly.
(4) Automatic detection and alarm systems to warn of dangerous accumulations of
flammable gases may be required by the fire marshal where sufficient hazards exist.
The materials shall usually be stored in airtight sealed containers and handled in dry
boxes containing an inert gas atmosphere.
(3)
(5)
Sec. 10-101. - Construction of cabinets for storage of hazardous materials.
Cabinets for the storage of hazardous materials shall be approved and substantially
constructed of No. 16 gauge sheet iron or a minimum of one -inch plywood or equivalent. Doors
shall be painted with an intumescent type paint and shall be conspicuously labeled in red
letters "Hazardous —Keep Fire Away." All facilities to be marked with the symbols required in
N.F.P.A. Standard No. 704m. Where more than one (1) hazardous chemical is stored in a
given cabinet, then list the most dangerous first, followed by the remaining chemicals.
Sec. 10-102. - Transporting hazardous materials.
(a) No person shall operate any vehicle transporting any hazardous materials unless, at the
time of such transportation, there is displayed upon each side and the rear of the vehicle, a
sign in letters not less than three (3) inches in height upon a background of sharply
contrasting color, which shall specifically designate the cargo. Emergency information
ORDINANCE NO. 1211-2019
such as emergency telephone numbers along with the appropriate symbol(s) according to
N.F.P.A. Standard No. 704m shall be displayed in an approved manner.
(b) A "Hazardous Materials Route" for the sole purpose of transporting any and all hazardous
materials is hereby designated and shall include the following: State Highway 35 (Main
Street), State Highway 288 (Nolan Ryan Expressway), Beltway 8 (Sam Houston Parkway),
and the BNSF (Burlington Northern Santa Fe) rail line. No person shall cause any vehicle
transporting hazardous materials to travel any routes other than the ones established
herein, except as follows:
(1) Vehicles delivering or picking up hazardous materials to or from commercial and
industrial complexes may travel the nearest and most direct public roadway to said
complex.
(2) Vehicles containing hazardous materials that are operated by local businesses, may
travel the nearest and most direct public roadway to said place of business.
(c) Vehicle parking. Except in an emergency, no vehicle transporting hazardous materials
shall be left unattended on any street, highway, alley or parking lot; provided, that this shall
not prevent the driver or operator from the necessary absence from said vehicle in
connection with the delivery or pick up of load, except that during actual discharge of said
hazardous materials, some responsible person shall be present at said vehicle; nor shall it
prevent stops for meals during the day or night; provided, that said vehicle be parked in a
safe manner; nor shall it prevent said vehicle from being parked for any reason at an area
approved by the fire marshal.
Sec. 10-103. - Handling of emergency conditions; fire protection and prevention
measures generally.
(a) Provisions shall be made in all storage areas for hazardous materials, for the proper
handling of emergency conditions such as leaks, spills and ruptures. Employees shall be
instructed on proper procedures for notifying emergency services, appropriate emergency
action, if any; and appropriate evacuation procedures.
(b) Where open flame constitutes a hazard, the fire marshal may restrict smoking and require
posting of "No Smoking" signs.
(c) Portable fire extinguishers shall be provided in accordance with special care to any
reactivity between chemicals stored and extinguisher agent selected.
(d) Large fire suppression systems or devices may be required where determined by the fire
marshal.
(e) A conspicuous placard shall be permanently displayed beginning with the words, "In Case
of Fire"; such placard shall designate the fire department phone number and such other
safety precautions the fire marshal deems necessary.
Means shall be available for calling the fire department. Such means may consist of a
proprietary alarm system, fire department alarm box or telephone not requiring a coin to
operate; whichever it is, it must be within one hundred (100) feet of the storage or
manufacturing area.
(f)
Sec. 10-104. - Disposition of hazardous materials incidents.
ORDINANCE NO. 1211-2019
(a) No hazardous materials of any type shall be disposed of by any means unless approved
by the fire marshal.
(b) Hazardous materials incidents, (spills, leaks, etc.) shall be cleaned up in an approved
manner, beginning immediately upon release of the scene by the fire marshal. The
following principals shall be responsible for said cleanup.
(1) By the carrier or his designee, if on a public roadway or parking area normally
accessible to the public;
(2) By the owner or tenant (as determined by the fire marshal) of private properties where
hazardous materials incidents occur. This shall include fixed properties (buildings,
slabs, etc.) that may be damaged as the result of said incident;
All clean-up costs, reimbursements, etc. shall be the complete responsibility of the
carrier, owner(s), tenant(s), etc. as determined by the fire marshal or investigating
official. Local authorities shall have the right to engage environmental disposal
contractors for cleanup, if necessary.
(3)
Sec. 10-105. - Hazardous materials.
The storage and transportation of flammable and combustible liquids, liquified petroleum
gas, explosives, fireworks, and other hazardous materials shall be as specified in this Code.
Sec. 10-106. - Penalty.
Any person, firm or corporation who shall violate or fail to comply with the requirements of
any provision of this article, shall be guilty of a misdemeanor and shall, upon conviction by a
court of competent jurisdiction, be punished as provided in section 1-11 of the City Code of
Ordinances.
Secs. 10-107-10-110. - Reserved.
ARTICLE VI. - FIRE LANES
Sec. 10-111. - Parking prohibited within fire lane.
When signs or other approved notices or markings are erected or in place by painting or
marking giving notice thereof, it shall be unlawful for the owner or operator of any motor vehicle
to allow, cause or permit such vehicle to be parked within any fire lane hereafter designated by
the fire marshal.
Sec. 10-112. - Summons and penalty for violation of section 10-111.
(a) Summons. Any summons or notice to appear in answer to a charge of parking in violation
of section 10-111 of this article shall be issued on official forms therefore prescribed by the
city. Such forms may be issued, consecutively numbered, to the owner or lessee of the
property upon which a fire lane has been established hereunder or to any person
employed by or on behalf of such an owner or lessee who holds a security officer
ORDINANCE NO. 1211-2019
commission issued by the Texas Board of Private Investigators and Private Security
Agencies pursuant to V.T.C.A., Occupations Code ch. 1702, and he shall account to the
police department for such forms. The owner or lessee of the property upon which a fire
lane has been established hereunder shall file with the police department a list, which shall
be corrected from time to time to reflect changes in personnel, of the designated private
security officers who are authorized by him to issue the summons or notice herein
provided for. Such summons or notice shall require the appearance of the violator before
the municipal court of the city and all fines paid by the violator shall be paid to the
municipal court clerk's department of the city. The summons or notice to appear in answer
to a charge of parking in violation of section 10-115, specifying the location of the fire lane
in which such violation occurred and the date and time of such violation, may be issued by
any person employed by or on behalf of an owner or lessee of the property upon which a
fire lane has been established hereunder who holds a security officer commission issued
by the Texas Board of Private Investigators and Private Security Agencies pursuant to
V.T.C.A., Occupations Code ch. 1702, or by the fire marshal of the city or any member of
the city police department otherwise empowered to issue tickets for parking violations.
(b) Penalty. An offense under this article is punishable by a fine of not less than twenty-five
dollars ($25.00) nor more than two thousand dollars ($2,000.00) for each offense.
Secs. 10-113-10-130. - Reserved.
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.
ORDINANCE NO. 1211-2019
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 passage on the second and final reading.
PASSED and APPROVED on FIRST READING this the 12th day of August, A.D., 2019.
TOM REID
MAYOR
ATTEST:
MARIA RODRIGUEZ
INTERIM CITY SECRETARY
PASSED and APPROVED on SECOND and FINAL READING this the 26th day of August,
A.D., 2019.
jOni
TOM REID
MAYOR
ORDINANCE NO. 1211-2019
ATTEST:
MARIA RODRIGUEZ
INTERIM CITY SECRETARY
APPROVED AS TO FORM:
at-
DARRIN M. COKER
CITY ATTORNEY
Sep 10 19 05:36p
REPORTER NEWS
P.O. BOX 954
FRIENDSWOOD, TEXAS 77546
Bill To
CITY OF PEARLAND - CITY SEC OFFICE
P.O. BOX 2719
PEARLAND, TEXAS 77588-2719
p.1
Invoice
Date
Invoice #
9/11/2019
58421
Rep
Terms
Due on receipt
Quanti
Description
Rate
Amount
2X .5 AD OR NO 1211-2019
9/11/2019
51.00
51.00
TO PAY BY CREDIT CARD, CALL (281) 485 7501
Total $51.00
Jan 101905:58p P.1
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2407 South Park
Pearland, Texas 77581
State of Texas
Galveston, Brazoria and Harris Counties
I hereby certify that the notice hereby appended was published in the
REPORTER NEWS, a newspaper of general circulation in Galveston,
Brazoria and Harris Counties, for / ssues as follow:
Ref: CR NO. 4,Z11 -.20147
No. / Date .;:efi // 20
No. Date 20
No. Date 20
Subscribed and sworn before me this /1 day of
2019.
LAURA A. EMM.
My D#4791620
Expe$.be 9, 2022
Form 418A2
aura Ann Emmons, Publisher
Notary Public, State of Texas
When a school loses an All-State quar-
terback that leads the team to the state
championship game, it seems that may
one of the top concerns for the head coach
the next year.
Fast forward to Shadow Creek having
to replace Jamarian George for the 2019
season.Insert junior quarterback Kyron
Drones who has taken control of the
Sharks offense and is turning heads with
his play after two high school starts.
Drones has not only accepted the chal-
lenge, but it appears that the Sharks
offense is even more lethal with Drones at
the control.
Shadow Creek has only played 18 var-
sity games counting 2018. Their record is
17-1 with their only loss in their young
school history is in a state title game.
The Sharks continued where they left
off before the state title contest by win-
ning their first two games for 2019 and it
looks like they are a stronger team this
year than they were last year -- which is a
scary thought for the schools in their path.
Shadow Creek opened the season with
a 64-14 thrashing of the Summer Creek
Bulldogs and then continued that same
intensity with a 49-0 pasting of the
Magnolia Bulldogs last week.
Drones had what most would describe
as a career game, but the more you watch
him, the more you realize that this is his
norm on the gridiron -- and he is only a
junior.
Against Magnolia, Drones threw four
touchdown passes and scored two on the
ground.
He fired touchdown strikes covering 2-
yards to Seth Jones; 80-yards to Carlton
Guldry; 25-yards to Randy Masters; and
30-yards to Kelvon Brown -- all in the
first half.
Drones scored two touchdowns on runs
of 1 and 31-yards.
The only other score for the Sharks
came on a 15-yard run by Jayveon Bell
who scored the second touchdown of the
game in the first quarter.
The field general finished the game hit-
ting 14-of-21 passing for 279 yards and 4
TDs and seven carries for 98 yards and
two more scores giving him 377 total
yards of offense.
Magnolia finished with 110 yards of
total offense including 41 yards passing.
The Sharks will host 6AAlief Elsik on
Friday, Sept. 13 at Freedom Field at 7:00
p.m. in which they are heavy favorites to
continue their winning ways.
-nated by Dane Roenne’s
2-yard touchdown run that
gave the Mustangs a 19-7
lead that stood till the end
of the game.
The key play was 34-
yard scrambling pass play
from Grden, who was
cleared by the trainers to
return to the game, to
Patrick Elizondo who
made a clutch catch to set
up the Roenne touchdown.
Friendswood's defense
preserved the win as they
stopped Brook on its final
two possessions of the
game.
“It looked like two
neighborhood kids getting
after it, didn’t it? Friends-
wood head coach Robert
Koopmann said. “That’s
kind of what it was.
“They played us so well
last year and tonight, also.
They did some things dif-
ferently tonight on defense
than what we were expect-
ing.”
Friendswood will host
the La Porte Bulldogs on
Friday, Sept. 13 at 7 p.m.
at Henry Winston Stadium.
September 11, 2019, REPORTER NEWS 7
LEGALS LEGALSPublishedSept. 11 & 18, 2019
REPORTER NEWS CLASSIFIEDS 281-485-7501
NOTICE TO PROPOSERS CITY OF PEARLAND, TEXAS
Sealed Proposals will be accepted until 2:00 p.m., Thursday, October 17, 2019and read aloud into the public record for the following project:
Construction Manager at Riskfor Barry Rose Water Reclamation Facility (WRF) Expansion
City of Pearland, TexasCOP Project Number: WW 1502BID NO.: 0919-65
The project entails the performance of Construction Manager at Risk (CMAR)for Pre-Construction Services associated with the final design potentially lead-ing to performance of Construction Phase Services for the construction of Cityof Pearland’s expansion from 3.1 MGD to 8.5 MGD at the Barry Rose WRF. Theproject site is located at 1902 Barry Rose Road, Pearland, TX 77581. Thisexpansion is planned to utilize membrane bio-reactors as the primary treatmenttechnology. The overall project also includes the decommissioning of the 2 MGDLongwood WRF, construction of a transfer lift station at the Longwood site andapproximately 25,000 linear feet of forcemain to the expanded Barry Rose WRF.The Longwood site is located at 2727 Dixie Farm Road, Pearland, TX 77581.
A Mandatory Pre-Proposal Meeting will be held at the City of Pearland City Hall,3519 Liberty Drive, Pearland, Texas 77581 in the Council Chambers at 1:00p.m. on Wednesday, September 25th, 2019. Attendance of this meeting is arequirement for submitting a qualified proposal for this project. Asite visit will beconducted following the Pre-Proposal Meeting.
Each Proposer is required to submit a Qualifications Packet and a CostProposal separately. The Qualifications Packet and Cost Proposal should besubmitted via the City’s E-bid System located on the City’s website at:https://pearland.ionwave.net/Login.aspx. All interested Proposers are advised toregister as a “supplier” on the City’s E-Bid System at the above website by click-ing on “Supplier Registration” and completing a short registration questionnaire.Electronic Proposal Documents and Forms are available for download after reg-istration is approved by City Purchasing office. No plan fees or deposits arerequired for proposal documents obtained through the City’s E-Bid System.Questions regarding electronic bidding should be directed to City PurchasingDepartment at ebids@pearlandtx.gov.
Proposers should note that, while they may respond to this and other Requestsfor Proposals for similar services regarding the Expansion of the John HargroveWRF, only one project will be awarded to any one firm and that proposals shouldbe tailored to the project that best fits the Proposer’s qualifications and experi-ence.
Proposal Documents may also available for review at the following plan houses:
Amtek Plan Room (713) 956-0100
The Associated General Contractors of America, Inc. (713) 334-7100
Associated Builders & Contractors of Greater Houston (713) 523-6222
Dodge Reports (713) 316-9411
Bid Security, in the form of Cashier’s Check, Certified Check, or Bid Bond,payable to the City of Pearland in the amount of 5% of the total Pre-ConstructionServices fee, must accompany each Cost Proposal.
See Request for Proposals for Bond submittal information and instructions.
The City of Pearland reserves the right to reject any or all bids.
Maria RodriguezInterim City Secretary, City of Pearland
First Publication date September 11, 2019Second Publication date September 18, 2019
LEGALS LEGALSPublished Sept. 11 & 18, 2019
LEGALS LEGALSPublished Sept. 11, 2019NOTICE TO PROPOSERS CITY OF PEARLAND, TEXAS
Sealed Proposals will be accepted until 2:00 p.m., Thursday, October 17, 2019and read aloud into the public record for the following project:
Construction Manager at Riskfor JHEC Water Reclamation Facility (WRF) Expansion
City of Pearland, TexasCOP Project Number: WW 1603BID NO.: 0919-66
The project will entails the performance of Construction Manager at Risk(CMAR) for Pre-Construction Services associated with the final design potential-ly leading to performance of Construction Phase Services for the constructionand rehabilitation of City of Pearland’s existing 4.0 MGD WRF and an expansionto 6.0 MGD at the JHEC WRF. The project site is located at 5800 Magnolia St,Pearland, TX 77584. This expansion is planned to utilize sequencing batch reac-tors as the primary treatment technology.
AMandatory Pre-Proposal Meeting will be held at the City of Pearland City Hall,3519 Liberty Drive, Pearland, Texas 77581 in the Council Chambers at 1:00 p.m.on Wednesday, September 25th, 2019. Attendance of this meeting is a require-ment for submitting a qualified proposal for this project. A site visit will be con-ducted following the Pre-Proposal Meeting.
Each Proposer is required to submit a Qualifications Packet and a Cost Proposalseparately. The Qualifications Packet and Cost Proposal should be submittedvia the City’s E-bid System located on the City’s website at: https://pearland.ion-wave.net/Login.aspx. All interested Proposers are advised to register as a “sup-plier” on the City’s E-Bid System at the above website by clicking on “SupplierRegistration” and completing a short registration questionnaire. ElectronicProposal Documents and Forms are available for download after registration isapproved by City Purchasing office. No plan fees or deposits are required forproposal documents obtained through the City’s E-Bid System. Questionsregarding electronic bidding should be directed to City Purchasing Departmentat ebids@pearlandtx.gov.
Proposers should note that, while they may respond to this and other Requestsfor Proposals for similar services regarding the Expansion of the Barry RoseWRF, only one project will be awarded to any one firm and that proposals shouldbe tailored to the project that best fits the Proposer’s qualifications and experi-ence.
Proposal Documents may also available for review at the following plan houses:
Amtek Plan Room (713) 956-0100
The Associated General Contractors of America, Inc. (713) 334-7100
Associated Builders & Contractors of Greater Houston (713) 523-6222
Dodge Reports (713) 316-9411
Bid Security, in the form of Cashier’s Check, Certified Check, or Bid Bond,payable to the City of Pearland in the amount of 5% of the total Pre-ConstructionServices fee, must accompany each Cost Proposal.
See Request for Proposals for Bond submittal information and instructions.
The City of Pearland reserves the right to reject any or all bids.
Maria RodriguezInterim City Secretary, City of Pearland
First Publication date September 11, 2019Second Publication date September 18, 2019
ORDINANCE NO. 1211-2019
An ordinance of the city council of the City of Pearland, Texas, amendingChapter 10, Fire Prevention and Protection, of the City of Pearland Codeof Ordinances, as it may have been, from time to time, amended (mostrecently by Ordinance Nos. 1211-2015), by amending Chapter 10, FirePrevention and Protection; having a savings clause, a severability clause,and a repealer clause; and providing for codification and an effective date.
Sec. 10-79. - Penalty.Sec. 10-106. - Penalty.
Any person, firm or corporation who shall violate or fail to comply with therequirements of any provision of this article, shall be guilty of a misdemeanorand shall, upon conviction by a court of competent jurisdiction, be punished asprovided in section 1-11 of the City Code of Ordinances.
Secs. 10-107—10-110. - Reserved.
Sec. 10-112. - Summons and penalty for violation of section 10-111.
(a) Summons. Any summons or notice to appear in answer to a charge of park-ing in violation of section 10-111 of this article shall be issued on official formstherefore prescribed by the city. Such forms may be issued, consecutively num-bered, to the owner or lessee of the property upon which a fire lane has beenestablished hereunder or to any person employed by or on behalf of such anowner or lessee who holds a security officer commission issued by the TexasBoard of Private Investigators and Private Security Agencies pursuant toV.T.C.A., Occupations Code ch. 1702, and he shall account to the police depart-ment for such forms. The owner or lessee of the property upon which a fire lanehas been established hereunder shall file with the police department a list, whichshall be corrected from time to time to reflect changes in personnel, of the des-ignated private security officers who are authorized by him to issue the sum-mons or notice herein provided for. Such summons or notice shall require theappearance of the violator before the municipal court of the city and all fines paidby the violator shall be paid to the municipal court clerk's department of the city.The summons or notice to appear in answer to a charge of parking in violationof section 10-115, specifying the location of the fire lane in which such violationoccurred and the date and time of such violation, may be issued by any personemployed by or on behalf of an owner or lessee of the property upon which afire lane has been established hereunder who holds a security officer commis-sion issued by the Texas Board of Private Investigators and Private SecurityAgencies pursuant to V.T.C.A., Occupations Code ch. 1702, or by the fire mar-shal of the city or any member of the city police department otherwise empow-ered to issue tickets for parking violations.
(b) Penalty. An offense under this article is punishable by a fine of not less thantwenty-five dollars ($25.00) nor more than two thousand dollars ($2,000.00) foreach offense.
PASSED and APPROVED on SECOND and FINALREADING this the 26th dayof August, A.D., 2019. /s/ Tom ReidMayor
ATTEST:/s/ Maria E. RodriguezInterim City Secretary
APPROVED AS TO FORM:/s/ Darrin M. CokerCity Attorney
VOTING RECORD SECOND AND FINAL READINGAUGUST 26, 2019
Voting "Aye" - Councilmembers Orlando, Reed, Little,Hernandez, Moore, Perez, Owens. Voting "No" - None.
Motion passes 7 to 0.
PUBLICATION DATE: September 11, 2019EFFECTIVE DATE: September 5, 2019PUBLISHED AS REQUIRED BY SECTION 3.10 OF THECHARTER OF THE CITY OF PEARLAND, TEXAS.
Women’s Health &
Education NightWednesday, September 257:00 to 8:30 p.m.PHARMCARE PHARMACY1834 Broadway, Ste. 106 • Pearland281-996-7500
Dr. Ronald Baden, MDDr.Baden,MD is a licensed obstetrician/gynecologist with over 35years of clinical experience. He offers quality and compassionateservices.His ser vices include well-woman exams,treatment ofgynecological conditions,hormonal imbalances,and healthscreenings for women from teen years into maturity and beyond.
Dr.Baden is a compassionate,caring OB/GYN who helps womenlive happier and healthier lives.
Join us for a FREE Educational night on women’s health!ARE YOU STRUGGLING WITH SYMPTOMS OF HOT FLASHES,MOOD SWINGS,LOW ENERGY, FOGGY THINKING, DRYNESS,AND LOW LIBIDO?This special night is designed to inspire women to connect, learn, ask questionsand get answers about women’s health and how we can help.Come enjoy, relax, and have fun! Light refreshments will be served.IN STORE SIGN UP TODAY OR CALL TORESERVE YOUR SEAT!SPACE IS LIMITED
More high school sports news atreporternewssports.com
Photo by Bob Brown
KEY PLAY - Patrick Elizondo (15) made a clutch catch from
QB Luke Grden covering 34-yards to set up the final
Friendswood score by Dane Roenne giving the Mustangs a
19-7 win over cross-town rival Clear Brook. The Mustangs
are now 2-0 on the season and will face La Porte (1-1) on
Friday, Sept. 13 at 7:00 p.m. at Henry Winston Stadium.
Friendswood continued from Page 6
Shadow Creek blanks Magnolia 49-0
By DR. DAVID DAVIS
Reporter News Staff
Photo by Olyn Taylor
OFFENSIVE MACHINE - Shadow Creek junior
quarterback Kyron Drones ripped through
the Magnolia defense for 377 total yards that
included 14-of-21 passing for 279 yards and 4
TDs and seven carries for 98 yards and two
more scores.