TCESD#2
adopted a fire code district-wide in May 2001.
The fire code being utilized by the district is
the 2003 International Code. The following is a
breakdown for submitting plans for the review and
inspection process:
Resolution
No._____
RESOLUTION ESTABLISHING THE DISTRICT FIRE
CODE
WHEREAS, the Commissioners of the District are authorized, pursuant to Texas
Health and Safety Code, Chapter 775.036 to adopt and enforce a Fire Code;
WHEREAS, the Commissioners of the District desire
to adopt a Fire Code and to provide for enforcement,
in order to protect the health and safety of those
persons residing within the territory of the District,
and in furtherance of preventing fires and medical
emergencies;
IT IS THEREFORE RESOLVED THAT:
SECTION 1. ADOPTION OF CODE
(a) Except as otherwise provided in Sections 5, 6,
and 7, or other provisions of this resolution, the
following are hereby adopted, incorporated, and made
a part hereof as though fully set forth herein as provisions
of the Fire Code for Travis County Emergency Services
District No. 2. This Code shall be applicable and enforceable
throughout the territory of the District, except within
the corporate limits of any municipality in the territory
of the District that has adopted a Fire Code:
(1) The 1997 Uniform Fire Code, (the “UFC”), Volume
1 and Volume 2, promulgated by the International Fire
Code Institute, including Articles 1 through 90 inclusive,
Appendices I-A, I-B, I-C, II-A, II-B, II-C, II-D, II-E,
II-F, II-G, II-H, II-I, II-J, III-A, III-B, III-C,
III-D, IV-A, IV-B, V-A, VI-A, VI-B, VI-C, VI-D, VI-E,
VI-F, VI-G, VI-H, VI-I, together with Standards 10-1,
10-2, 24-1, 52-1, 62-1, 74-1, 79-1, 79-2, 79-3, 79-4,
79-5, 79-6, 79-7, 80-1, 80-2, 80-3, 80-4, 81-1, 81-2,
81-3, 81-4, 82-1, 88-1, and Appendix A-III-C-1.
(2) Chapters 7, 8, 9, and 10 of the 1997 Uniform Building
Code, (the “UBC”), published by the International Conference
of Building Officials, except for sections 705, 706,
707, 708, 709, 710, and 711 of Chapter 7.
(3) In the event of conflict between the UFC or any
other provision or code incorporated in this Resolution
and the express provisions of this Resolution, the
express provision of the Resolution shall apply.
Section 2. Administration
(a) The purpose of The Fire Code is to provide minimum
standards in order to protect the health and safety
of those persons residing within the territory of the
District and to prevent fires and medical emergencies.
(b) The Fire Chief of the District, together with
such assistants and agents of the District as the Chief
may designate, are authorized to enforce this Fire
Code, and to take all actions required or authorized
in provisions incorporated in this Fire Code by reference,
and to conduct all inspections, review all plans, and
accept all applications for a permit or approval authorized
or required by this Fire Code.
(c) The Fire Chief shall submit monthly activity reports
to the Commissioners of the District, covering inspection,
review and enforcement activities conducted during
the prior month. The Fire Chief shall keep an accurate
account of all fees, fines, and other funds collected
and received pursuant to this Fire Code, the names
of persons upon whose account the same were paid, the
date and amount thereof, together with the location
of the building or premises to which they relate.
(d) Approved plans, specifications and other reports
required by this Fire Code shall be maintained in the
Central Office of the District for a period of not
less than three years following the date such document
was submitted to the District or prepared by the District,
as applicable.
Section 3. Right of Entry
(a) Whenever necessary to make an inspection to enforce
any of the provisions of the Fire Code for the prevention
of fires, or whenever the Fire Chief has reasonable
cause to believe that there exists in any building
or upon any premises any condition in violation of
this Fire Code, the Fire Chief or his designated agents
of the District may enter such building or premises
at all reasonable times to inspect same or to perform
any duty imposed on the Fire Chief by this Fire Code;
provided that if such building or premises is occupied,
they shall first present proper credentials and demand
entry; and, except during construction of the improvement
to be inspected, if such building or premises are unoccupied
the agent of the District shall make a reasonable effort
to locate the owner or other person(s) having charge
or control of the building or premises and demand entry.
If such entry is refused, the Fire Chief shall have
recourse to every remedy provided by law to secure
entry.
(b) No owner or occupant or any other person having
authority to control access to any building or premises
shall fail or neglect, after demand for entry is made
as provided in this Section 3, to promptly permit entry
therein by the Fire Chief or the authorized agent of
the Fire Chief for the purpose of inspection and examination
pursuant to this Fire Code. Any person violating this
Section shall be guilty of a misdemeanor.
Section 4. Stop Orders
(a) Whenever any work or construction is being done
contrary to the provisions of this Fire Code or without
any permit or approval required by the Fire Code, the
Fire Chief, or the Fire Chief’s designee may order
the work or construction stopped by notice in writing
served on any person(s) engaged in performing or causing
such work to be performed. Whenever work or construction
is stopped in accordance with this Section 4, a written
notice to stop work issued by the District shall be
posted on the property in a manner reasonably visible
to any person that performs any work on the property.
All persons shall then cease all work or construction
on the property until authorized to proceed by the
Fire Chief. Any person failing to comply with a notice
to stop work, or removing any notice to stop work from
any premises without permission of the Fire Chief shall
be guilty of a misdemeanor.
Section 5. Identification of District, Commissioners,
and Appellate Body
(a) Whenever the terms “jurisdiction” or “authority
having jurisdiction”, “department”, “fire department’,
or “bureau of fire prevention” are used in the UFC,
same will be a reference to the District. All regulatory
authority established by the provisions of the UFC
incorporated in this Fire Code is established for the
District.
(b) Any reference in the provisions of the UFC incorporated
in this Fire Code to the “executive body” shall be
a reference to the Board of Commissioners for the District.
(c) Any reference in the provisions of the UFC incorporated
in this Fire Code to the “board of appeals” or other
appellate body established by deleted section 103.1.4
of the UFC shall be a reference to the appellate body
or panel, as applicable, referred in Section 9 of this
Fire Code.
Section 6. Deleted Sections of the UFC
(a) The following sections of the UFC are not incorporated
in this Fire Code, shall not be enforceable in the
District, and are deleted from the provisions of the
UFC incorporated herein: 103.1.4, 103.2.1.2, and 5204.5.2.
Section 7. Amendments to the UFC
(a) The following sections of the UFC incorporated
herein are amended as provided:
(1) All references to “rooms or buildings classified
in accordance with the Building Code” in sections 7903.2.3.2.1,
7903.2.3.2.2, and 7903.2.3.2.3 shall be amended to
a reference to “rooms or buildings classified in accordance
with section 216 of the UFC.
(2) Section 7802.3 is amended to add a third exception as follows:
3. The sale or use of Fireworks, Class C, Common as
defined in section 207 of the UFC.
(3) Appendix II-C, Section 5.5, is amended to provide
as follows: “Electrical equipment shall be installed
and used in wet, damp, and hazardous locations in a
manner as not to constitute a fire hazard or pose a
threat to life and safety.”
(4) The District shall not have a building official
or separate code regulating the construction of buildings,
including but not limited to separate building code,
mechanical code, plumbing code, or electrical code,
except as expressly incorporated by the terms of this
Fire Code. Only parts of other uniform codes that relate
to fire safety are incorporated in this Fire Code.
Any provision in the UFC or other provision incorporated
in this Fire Code by reference that refers to any act
to be referred to or conducted by a building official
shall be disregarded as though such reference were
deleted and all other parts of the affected sentence,
section, article, or chapter remain in force and effective.
Any reference in the UFC or other provision incorporated
in this Fire Code to compliance in a manner provided
in a building code, electrical code, plumbing code,
or mechanical code shall be disregarded except to the
extent that the applicable provision of such other
code is incorporated in this Fire Code by reference.
Such disregard of the manner of compliance shall not
otherwise affect the requirement to comply; provided
however that if a provision refers to compliance with
the term any such other code that is not incorporated
in this Fire Code by reference, as opposed to compliance
in a manner provided in such other code, the requirement
of compliance shall be disregarded all together. In
the event that the disregard of any such reference
results in unusual syntax or sentence structure of
the remainder of such affected provisions, a reasonable
interpretation shall be given to the remainder, in
light of the intent and purpose of this Fire Code and
the authority of the District.
Section 8. Permits/Approvals/Inspections
(a) All applications for any permits and all requests
for any approval required by the terms of this Fire
Code shall be submitted in writing to the Central Administrative
Office of the District on a form prescribed or authorized
by the Fire Chief along with payment of the applicable
fee(s). The fees applicable for permits, approvals,
and inspections shall be established from time to time
by the Commissioners of the District in a resolution
therefor. A permit authorizing construction of an improvement
shall expire on the date one year after issuance of
the permit unless construction of such permitted improvement
has commenced prior to such date and such construction
continues without interruption until completed. A permit
for handling, storing, processing, or using any hazardous
material or hazardous process may be valid for a period
not to exceed three years. Subject to the right of
appeal provided in this Fire Code, the Fire Chief or
his designated agent of the District shall determine
and decide the issuance of all permits and approvals,
the duration of any such permit, subject to the maximum
duration authorized by this section, and compliance
with all provisions of this Fire Code. A permit or
approval shall be issued in cases where compliance
with all applicable provisions of the Fire Code has
been demonstrated.
Section 9. Appeals
(a) The Commissioners of the District shall appoint
ten residents or owners of businesses in the territory
of the District to serve as members of an appellate
body to hear and decide the complaint of any person
aggrieved by a decision of the Fire Chief or his designee,
regarding any request for permit or approval, any decision
to stop work, or stop use, and any decision to abate,
repair, rehabilitate, demolish or remove an unsafe
structure or premises. Any Commissioner may serve as
a member of such appellate body, but no more than two
Commissioners may serve at the same time. Members of
the appellate body shall serve for a period of two
years or until their successor is appointed.
(b) An appellate panel of three members of the appellate
body shall hear the timely appeal of any decision of
the Fire Chief or other such official described in
subsection (a) of this section. A request to appeal
such a decision shall be submitted in writing addressed
to the President of the Commissioners of the District
and forwarded to the District’s Central Administrative
Office not more than 30-days after the date of the
decision or action that is the subject of appeal. A
request to appeal shall include the mailing address
of the appellant for the purpose of receiving notice
of a hearing on the appeal. A notice of appeal shall
not stay the decision or action from, which the appeal
is taken.
(c) The Commissioners shall appoint an appellate panel
to hear an appeal at its next regularly scheduled meeting
held not less than five days and not more than 35-days
after receipt of the request to appeal. The hearing
of such appeal shall be scheduled not later than 21-days
following the meeting of the Commissioners at which
the appellate panel is appointed to hear the appeal.
If no meeting of the Commissioners occurs during the
period of time after a request for appeal is submitted
as required by this subsection (c), the President of
the Commissioners shall appoint an appeal panel to
hear the appeal and shall schedule such appeal hearing.
An appointment of an appellate panel may include alternate
appointments in the event that one or more appointees
are unable to serve at the place and time scheduled
for the appeal hearing.
(d) Except as provided in subsection (g), the Commissioners,
or the President of the Commissioners, as applicable,
shall serve written notice of the date, time and place
of the appeal hearing not less than ten days prior
to the date of the hearing.
(e) An appellant shall be entitled to present evidence
in support of the appeal, and to cross-examine opposing
witnesses. The Fire Chief or his designee shall be
entitled to present evidence in support of such decision
or action and to cross examine witnesses. The appellate
panel shall make all determinations regarding the admissibility
of evidence and credibility of witnesses, and may make
reasonable rulings regarding the conduct of the hearing
and the manner that evidence is presented. The appellate
panel may be assisted by legal counsel for the District
in making evidentiary rulings and determining reasonable
procedures for conduct of the hearing.
(f) The appeal panel may affirm, reverse, or modify
the decision from which an appeal is taken. The decision
of a majority of the appeal panel shall be the decision
of the appeal panel. The panel may reverse a decision
only if, in the opinion of the majority: (i) the decision
appealed is manifestly unjust; or (ii) special circumstances
make strict application of the rule that is the basis
of the original decision impractical and the reversal
of the decision is in conformity with the intent and
purpose of this Fire Code; and such reversal would
not result in a greater danger to life or safety.
(g) If the Fire Chief determines in a written order
served on the owner of a property that a structure
constitutes an imminent threat to the life or safety
of any persons, the Fire Chief or his designee may
require the demolition or removal of such structure
not later than ten days following the date notice of
such order is served on the owner of the affected property.
Such owner may request an emergency appeal of such
decision in writing delivered to the Central Administrative
Office of the District at any time prior to the expiration
of such ten day period. In such event, the President
of the Commissioners is authorized to appoint an appellate
panel and schedule a hearing of such appeal as soon
as practicable and serve notice of the time, date,
and place of such appeal on such owner not less than
two days prior to the date of the hearing of such appeal.
Section 10. Penalties
(a) A violation of any provision of this Fire Code
shall be a misdemeanor punishable by a fine of not
less than $1.00 and not more than $2,000.00. A separate
violation shall occur each day that a violation of
this Fire Code continues.
(b) In addition to the criminal enforcement provisions
of this section, the District shall be entitled to
bring a civil action for the enforcement of this Fire
Code in any court of competent jurisdiction to enjoin
any violation of this Fire Code or to impose a civil
penalty in an amount of $500.00 per day that a violation
of this Fire Code continues.
Section 11. Maintenance of Fire Code
(a) A copy of this Fire Code together with all provisions
incorporated herein shall be maintained at the Central
Administrative Office of the District for inspection
and use by interested persons. The District shall inform
any person inquiring where copies of the UFC and other
provisions incorporated in this Fire Code may be purchased
from the publisher thereof.
Section 12. Severability
(a) It is the intention of the Commissioners of the
District that all provisions set forth or incorporated
in this Fire Code shall be fully severable. In the
event that any provision of this Fire Code or any provision
incorporated in this Fire Code by reference is found
by a court of competent jurisdiction to be void or
unenforceable, such void or unenforceable provision
shall be severed as though it never formed a part of
this Fire Code, and all other provisions of this Fire
Code shall remain in full force and effect.
Section 13. Notice/Publication
(a) The Fire Chief shall arrange for any notice or
publication of this Fire Code required by applicable
law, if any, and maintain proof thereof in the records
of the District.
Section 14. Effective Date
(a) This Fire Code shall take effect on the _____
day of ____________________, 2001.
____________________________________ ____________________________________
Terry Struble, President George Mentzer, II, Vice President
____________________________________ ____________________________________
John Grasshoff, Secretary Mike Howe, Treasurer
____________________________________
Charles Shaw, Asst. Treasurer
ATTEST:
____________________________________
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IFC 2003
TCESD#2 Code Amendments
2003 IFC AMENDMENT
105.3.3 Occupancy prohibited before approval The
building or structure shall not be occupied prior
to the code official issuing a permit that indicates
that applicable provisions of this code have been
met for any new structure or a change in a existing
occupancy.
308.3.1 OPEN FLAME COOKING DEVICES.
Charcoal burners and other flame cooking devices shall
not be operated on combustible balconies or within
10 ft. of combustible construction. Propane cooking
devices (shall) not be stored on (combustible) balconies.
Exceptions:
1. One-and two family dwellings.
2. Where buildings, balconies and decks are protected by an automatic sprinkler
system.
308.3.4 Religious ceremonies. When,
in the opinion of the code official, adequate safeguards
have been taken, participants in religious ceremonies
are allowed to carry hand-held candles. Any open
flame in a class A occupancy must have prior approval
form the code official. Use of open flame devices
in any Class A Occupancy, (except for religious ceremonies),
shall be approved and permitted by the code official.
311.2.2 Fire protection. Fire alarm,
sprinkler and standpipe systems shall be maintained
in an operable condition at all times. Any impairment
to or malfunction of the fire alarm, sprinkler or standpipe
system must be reported to the fire department.
Exceptions
1. When the premises have been cleared of all
combustibles materials and debris and, in the opinion
of the code official, the type of construction, fire
separation distance and security of the premises
do not create a fire hazard.
2. Where buildings will not be heated and fire protection systems will be exposed
to freezing Temperatures, fire alarm and sprinkler systems are permitted to
be placed out of service and standpipes Are permitted to be maintained as a
dry systems (without an automatic water supply) provided the Building has no
contents or storage, and windows, doors and other openings are secured to prohibit
entry by unauthorized persons. “No Smoking” signs shall be approved.
502.1 FIRE LANE- All required
fire lanes shall be provided and maintained with
fire lane striping that consists of a six inch (6”)
wide red background stripe with four inch (4”) high
white letters stating “NO PARKING”, FIRE LANE” to
be painted upon the red stripe every fifteen feet
(15’) to (25’) along the entire length of the fire
lane showing the exact boundary of the fire lane.
Fire lane markings shall be upon the vertical surface
of the curb, unless otherwise approved by the Chief
or authorized representative. A road or other
passageway developed to allow the passage of fire apparatus. Afire lane is
not necessarily intended for vehicular traffic other than fire apparatus.
503.6 Security gates- The installation
of security gates across a fire apparatus road shall
be approved by the fire chief. Where security gates
are installed , they shall have a minimum of two approved
means of emergency operation. The security gates
and emergency operation shall be maintained operational
at all times.
505.1 Address numbers. New and existing
buildings shall have approved address numbers, building
numbers, or approved building identification placed
in a position to be plainly legible and visible from
the street or road fronting the property. These numbers
shall contrast with their background. Address numbers
shall be Arabic numerals or alphabet letters. Numbers
shall be a minimum of 4 inches (102mm) 6-inches
(xxx mm)
with a minimum stroke width of 0.5 inch (12,7 mm). If a building is (located)
more than 150ft. from the street, an address shall be posted at the street
entrance.
508.5.1 Where required. Where a portion
of the facility or building hereafter constructed or
moved into or within the jurisdiction is more than 400
feet (122m) 300 feet ( xxx m ) from a hydrant
on a fire apparatus access road, as measured by an
approved route around the exterior of the facility
or building, on-site fire hydrants and mains shall
be provided where required by the code official.
Exceptions:
1. For Group R-3 and Group U occupancies, the distance Requirement shall be
600 feet ( 183 m).
2. For buildings equipped throughout with an approved automatic sprinkler system
installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement
shall be 600 feet (183 m).
605.5.1 Power supply. Extension cords
shall be plugged directly into an approved receptacle,
power tap or protected multiplug adapter and,
except for approved multiplug extension cords, shall
serve only one portable appliance.
903.2.7 Group R-1. An automatic
sprinkler system installed in accordance with section
903.3 shall be provided throughout all buildings
with a group R duplex and over fire area.
903.3.1.2.1 Balconies. Sprinkler
protection shall be provided for all exterior balconies
and ground floor patios, including closets or storage
areas accessed from balconies and patios, dwelling
units where the building is of Type V construction.
Sidewall sprinklers that are used to protect such areas
shall be permitted to be located such that their deflectors
are within 1 to 6 inches below the structural members,
and a maximum distance of 14 inches below the deck
of the exterior balconies that are constructed of open
wood joist construction.
CHAPTER 24 TENTS, CANOPIES. , AND OTHER
MEMBRANE STRUCTURES, AND PORTABLE OR MOBILE KITCHENS
AND OR TRAILERS USED AS SUCH.
2205.5 Fire extinguishers. Approved
portable fire extinguishers complying with Section
906 with a minimum rating of 2 A:20 B:C 4-A:40-B:C shall
be provided and located such that an extinguisher is
not more than 75 feet (22 860mm) from pumps, dispensers
or storage tank fill-pipe openings.
3406.2.7 PORTABLE FIRE EXTINGUISHERS. Portable
fire extinguishers with a minimum rating of 20 B:C 4-A:40-B:C and
complying with Section 906 shall be provided where
required by the code.
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