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ORDINANCE NO. 1388-D
AN ORDINANCE AMENDING CHAPTER 38 OF THE CODE OF ORDINANCES OF
THE CITY OF LA PORTE BY AMENDING CHAPTER 38 "FIRE PREVENTION
AND PROTECTION," ARTICLE III "STANDARDS", DIVISION 1
"GENERALL Y", SECTION 38-101 "FIRE CODE ADOPTED" BY ADOPTING
THE 2003 EDITION OF THE INTERNATIONAL FIRE CODE, TOGETHER
WITH ALL LOCAL AMENDMENTS THERETO; PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON
CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND
DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1. Chapter 38, "Fire Prevention and Protection", Article III "Standards",
Division 1 "Generally, Section 38-101 "Fire Code Adopted", of the Code of
Ordinances of the City of La Porte, is hereby amended and shall hereafter read as
follows, to-wit:
"Section 38-101. Fire code adopted.
The International Fire Code, 2003 Edition, together with all local amendments thereto,
which are all on file in the office of the city secretary, is hereby adopted as the fire code
of the city, incorporated by reference in this article, and made a part hereof, as fully as if
copied at length herein verbatim."
Section 2. The City Council of the City of La Porte herby adopts local amendments to
the International Fire Code, 2003 Edition, which are on file in the office of the city
secretary, and, are attached hereto as Exhibit A.
Section 3. All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the
extent of such inconsistency and in all other respects this ordinance shall be cumulative
of other ordinances regulating and governing the subject matter covered by this
ordinance.
Section 4. If any section, sentence, phrase, clause, or any part of any section, sentence,
phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity
shall not affect the remaining portions of this Ordinance, and it is hereby declared to the
intention of this City Council to have passed each section, sentence, phrase, or clause, or
part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or
part thereof, may be declared invalid.
Section 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who
shall violate any provision of the ordinance, shall be deemed guilty of a
misdemeanor and upon conviction shall be punished by a fine not to exceed TWO
THOUSAND DOLLARS ($2,000.00).
Section 6. This Ordinance shall be effective sixty (30) days after its passage and
approval. The City Secretary shall give notice of the passage of this ordinance by
causing the caption hereof to be published in the official newspaper of the City of La
Porte at least twice within ten (10) days after the passage of this ordinance.
Section 7. The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City
Council is posted at a place convenient to the public at the City Hall of the city for the
time required by law preceding this meeting, as required by the Chapter 551, Tx. Gov't
Code; and that this meeting has been open to the public as required by law at all times
during which this ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and confirms such
written notice and the contents and posting thereof.
PASSED AND APPROVED fuis fue I{}d'- day of fe 6fkJ.f~ 2007.
CI7\ ~A PORT~, 0
BY:~~'\ ~
Mayor
ATTEST:
':Jll Wu/laj a. IiuJI
City Secretary
APPROVED:
~-r~
City Attorney
2
LOCAL AMENDMENTS TO THE
2003 EDITION OF THE INTERNATIONAL FIRE CODE
The following represents local amendments to the 2003 Edition of the International Fire
Code, adopted by the City Council of the City of La Porte on February 12, 2007; in
Ordinance number 1388-D. References are to additions, deletions, amendments, or
replacement of 2003 Edition of the International Fire Code sections. Section numbers
correspond to the numbering in the 2003 Edition of the International Fire Code.
CHAPTER 1 ADMINISTRATION
109.3 Violation penalties.
Amend by deleting this section and adding a new paragraph.
Persons who shall violate a provision of this code or shall fail to comply with any of the
requirements thereof or who shall erect, install, alter, repair or do work in violation of the
approved construction documents or directive of the code official, shall be guilty of a
violation and punishable by a fine. Each day that a violation continues after due notice
has been served shall be deemed a separate offense.
111.4 Failure to comply.
Any person who shall continue any work after having been served with a stop work
order, except such work as that person is directed to perform to remove a violation or
unsafe condition, shall be liable to a fine of not more than $500.00 dollars. Each and
every day shall constitute a separate violation. Each day that a violation continues after
due notice has been served shall be deemed a separate offense.
CHAPTER 2 DEFINITIONS
202 General Definitions.
Amend paragraph [Bl Educational Group E. Day Care to read as follows:
The use of a building or structure, or portion thereof, for education, supervIsIon or
personal care services for more than five children older than 2-1/2 years of age, including
children related to the staff, shall be classified as an E Occupancy.
EXHIBIT A
Add the following definition for Service:
Service is the annual test, maintenance, or service defined and required by applicable fire
equipment standards set forth in table 901.6.1.
CHAPTER 4 EMERGENCY PLANNING AND PREPAREDNESS
401.3.4 False Alarm Charges.
Amend by adding a new subsection 401.3.4
Except as otherwise provided herein, the owner of a building containing a fire protection,
fire alarm, or other types of emergency notification systems, shall pay a charge in
accordance with this section for each and every false alarm to which the fire department
responds.
Exceptions:
1. No charge for the first two false alarms within a calendar year.
2. Each false alarm in excess of two during a calendar year will be charged a
response fee of $200.00
As used by the section, "false alarm" means an alarm signal generated by a privately
owned fire or emergency alarm system reporting an alarm for which no fire or emergency
actually exists; it includes system malfunctions, faulty operation of detectors, and false
alarms not classified above. It does not include those incidents where the detector or
system operated as designed such as but not limited to, a smoke detector sounding from
someone smoking under the detector or a manual pull station being pulled.
405.10 False alarms.
Amend by adding a new subsection 405.10 to read as follows:
False alarms may not count as a fire drill for the purpose of this section.
408.3.5 False alarms.
Amend by adding a new subsection 408.3.5 to read asfollows:
False alarms may not count as a fIre drill for the purpose of this section.
CHAPTER 5 FIRE SERVICE FEATURES
503.7 Fire Lane
Amend by adding a new subsection 503.7 to read as follows:
The Fire Marshal of the City of La Porte or designee is hereby authorized to
designated fire lanes/fire zones on the property of shopping centers, nursing
homes, hospitals, apartment complexes, town home complexes, schools and any
other locations that he has deemed necessary to have fire lanes/fire zones.
A. The designation by the Fire Marshal of such lanes/fire zones shall never be
held to make the City of La Porte responsible for the maintenance of such
lanes on private property, but the owner of such property shall continue to
be responsible for the maintenance for such areas.
B. Upon designation of such fire lane/fire zones pursuant to this code, the
Fire Marshal shall give notice of such designation to the owner of such
property, directing the owner to cause signs to be posted and/or curbs to be
painted and/or stenciled.
C. The required signs and/or painted curb shall read "FIRE LANE" or, "FIRE
ZONE". The letter size should be not less than 3" in height and 1/2" in
width.
D. The sign shall be a metal sign of standard size, with a weather resistant
white background with red letters. The mounting and height information
can be obtained from the City of La Porte Public Works and/or City of La
Porte Police Department. The sign shall be installed not less than every 20
feet.
E. The curb shall be painted "Red" in color and/or the stenciled information,
"FIRE ZONE" and/or IIFIRE LANE" shall be stenciled in "White" colored
letters. The stencil should not be less than 20 feet, apart on the curb.
F. It is hereby declared to be unlawful to obstruct in any manner, including
parking or standing any attended or unattended vehicle in any fire lane/fire
zone as defined hereof, where the signs have been erected or the curbs
have been painted and stenciled including pre-existing fire lane/fire zones
with visibly erected signs and/or stenciled curbs reading "FIRE LANE" or
"FIRE ZONE"
EXCEPTIONS:
1. Any authorized emergency vehicle conducting official emergency
business.
2. Any marked vehicle of the United States Postal Service officially
dispatching mail or any marked vehicle of a Parcel Post Delivery Service
officially dispatching Parcel Post.
3. Any armored vehicle officially dispatching or picking up currency.
503.8 Violations
Amend by adding a new subsection 503.8 to read asfollows:
It is hereby declared to be unlawful for any person, without lawful authority of the
Fire Marshal to attempt to or in fact alter, deface, injure, knock down, or remove
any sign and/or painted curb designating a fire lane/fire zone that has been
erected and/or stenciled under the term of this code.
The Fire Marshal, any dully authorized representative, and/or any peace officer of
the State of Texas may issue a summons or notice to appear in answer to a charge
of any violation of this code. Such summons shall be issued on an official form
(ticket book) acceptable to the City of La Porte.
Any person found guilty of a violation of this code shall, upon conviction, be
subject to a fine ranging from one dollar to two thousand dollars, as set by the
City of La Porte Municipal Court. Each day the violation continues shall
constitute a separate offense.
No owner, manager or person in charge of any premises served by a required fire
lane/fire zone shall abandon or close any such fire lane/fire zone without
permission of the Fire Marshal or designee.
508.3 Fire Flow.
Amend by deleting the existing paragraph and replace with the following paragraph:
Water supplies for fire flow requirements for buildings or portions of buildings and
facilities shall be calculated using the provisions of Appendix Chapter B and Table
BIOS.I.
508.5.1 Installation
Amend by deleting the existing paragraph and replace with the following paragraph:
All required water mains and fire hydrants shall be installed as follows:
1. Residential area fire hydrants shall be installed on a 6-inch or larger approved
water main and placed so that no building is over 500 feet from a fire hydrant.
Distance for hydrant placements shall be measured at curb line and/or access
corridor.
EXCEPTIONS:
A. When in the opinion of the fire chief and fire marshal a water main and/or
fire hydrant is not necessary due to the existence of built-in fire protection
system(s); or
B. When the Fire Chief and Fire Marshal have been notified in writing that
pending water mains and fire hydrants are being installed in the vicinity,
consistent with the terms of this code.
2. Commercial and industrial area fire hydrants shall be installed on an 8-inch or
larger approved water main and shall be placed so that no part of any building is
over 300 feet from a fire hydrant. Distance for hydrant placements shall be
measured at curb line and/or access corridor.
EXCEPTIONS:
A. When in the opinion of the fire chief and fire marshal a water main and/or
the fire hydrant is not necessary due to the existence of built-in fire
protection system(s); or
B. When the fire chief and fire marshal have been notified in writing that
pending water mains and fire hydrants are being installed in that vicinity,
consistent with the terms of this code.
508.5.4 Obstructions.
Amend by deleting the existing paragraph and replace with the following paragraph:
Posts, fences, vehicles, growth, trash, snow, storage and other materials or objects shall
not be placed or kept near fIre hydrants, fIre department connections, or fIre protection
system control valves in a manner that would prevent such equipment or fIre hydrants
from being immediately discernible. The fIre department shall not be deterred or hindered
from gaining immediate access to fIre protection equipment or fIre hydrants. A 3-foot
clear space shall be maintained around all fIre hydrants, fIre department connections, and
fIre protection control valves on private or public property.
CHAPTER 9 FIRE PROTECTION SYSTEMS
901.4 Installation of fire protection systems.
Amend by adding an exception at the end of this section.
Exception: Buildings temporarily closed due to seasonal operations may have their fire
systems deactivated under the following conditions:
1. Building is unoccupied.
2. Building is properly secured.
3. All utilities are disconnected and drained.
4. The fire systems are certified as operational before the building is reoccupied.
5. A 24-hour a day fire watch as defined in section 202 is provided during the
interim between when utilities are reactivated and the fire systems are certified as
operational.
6. The fire department must be notified of such closure.
7. A letter from the insurance carrier or, owner if self-insured, indicating knowledge
of the closure is provided to the fire department.
901.4.5 Marking of Fire Protection Equipment.
Amend by adding a new section to read as follows:
Fire Department connection devices for building sprinkler systems in new and existing
buildings shall be identified by the installation of approved reflective markers or signs
installed above the device in an unobstructed location at approximately 7 feet above
grade.
901.9 Damage protection.
Add a new subsection to read as follows:
When exposed to probable vehicular damage due to proximity to alleys, driveways or
parking areas, standpipes, post indicator valves and sprinkler system or standpipe system,
connections shall be protected in an approved manner.
903.2.2 Group E.
Delete paragraph and substitute with the following:
An automatic sprinkler system must be provided throughout all Group E occupancies. An
automatic sprinkler system shall also be provided for every portion of educational
buildings below the level of exit discharge. The use of fire walls does not establish a
separate building for purposes of this section.
Exceptions:
1. Buildings with E occupancies having an occupant load of 49 or less.
2. Day care uses not otherwise requiring an automatic sprinkler system by other
provisions of the code.
Day care uses that are licensed to care for more than 5 persons between the hours of 10
p.m. and 6 a.m. shall be equipped with an automatic sprinkler system designed and
installed in accordance with section 903.3 .1.3 or an approved equivalent system. This
includes children related to the staff.
903.2.7 Group R.
Amend this section by adding an exception:
Bed and breakfast occupancies with five rentable sleeping rooms or less do not require an
automatic suppression system.
903.2.7.1 Group R-l.
Add new subsection to read as follows:
An Automatic sprinkler system or a residential sprinkler system installed in accordance
with section 903.3.1.2 must be provided throughout all buildings with a group R-l fire
area.
Exception: Where guest rooms are not more than three stories above the lowest level of
discharge and each guestroom has at least one door leading directly to an exterior exit
access that leads directly to an approved exit.
903.2.7.2 Group R-2.
Add new subsection to read as follows:
An automatic sprinkler system or a residential sprinkler system installed in accordance
with section 903.3.1.2 shall be provided throughout all buildings with a group R-2 fire
area that are more than two stories in height, including basement, or have more than
sixteen dwelling units or sleeping units.
903.2.7.3 Group R-4.
Add new subsection to read as follows:
An automatic sprinkler system or a residential sprinkler system installed in accordance
with Section 903.3 .1.2 shall be provided throughout all buildings with a Group R -4 fire
area.
907.1.1 Construction Documents.
Amend by adding a new item to read as follows:
12. System riser diagram
907.2.3 Group E.
Amend this section by adding a second paragraph to read as follows:
Rooms used for sleeping or napping purposes within a day care use of Group E
Occupancies must be provided with smoke detectors that comply with section
907.2.10.1.2.
CHAPTER 11 AVIATION FACILITIES
1106.3 Construction of aircraft-fueling vehicles and accessories.
Amend by adding an exception at the end of this section.
Exception: A vehicle or trailer tank with a capacity of250 gallons or less may be used for
non-commercial refueling of private non-commercial aircraft if the following
requirements are met:
1. The tank is placarded with no smoking signs, type of fuel contained in the tank
and the tank capacity;
2. The tank and all appurtenances used in the fueling operation are listed and
approved for the specific purposes; and
3. Electrical bonding is provided as required under section 1106.3.7.
CHAPTER 22 MOTOR FUEL-DISPENSING FACILITIES AND REPAIR
GARAGES
2206.2.3 above ground tanks located outside, above grade.
Amend by adding an item five (5) at the end of this section.
5. Approved above ground atmospheric tanks may be used without a special
enclosure or fire rating if the following criteria are met:
a. Tanks must be located as required for "other tanks" by table 2206.2.3; and,
b. Tanks must be enclosed by a six-foot high industrial type chain link fence with
a minimum of two access gates located at opposite sides of the enclosure.
Each gate must be at least at least 36 inches wide. There must be a minimum
working distance of five feet between the tank and the fence.
2206.7.7.1 Leak detection.
Amend by adding an exception to read:
Exception: A leak detection device is not required if the underground piping is an
extra-heavy steel wall with all welded joints, dielectric coating, and cathodic
protection.
LA PORTE FIRE DEPARTMENT
124 South First Street
La Porte, Texas, 77571
(281) 471-3607
January 4, 2007
Honorable Mayor Alton Porter and City Council Members,
The La Porte Volunteer Fire Department would like to take this opportunity to
express our support for changing the City's existing 1994 Standard Fire Code, to the 2003
International Fire Code (IFC).
At our October business meeting, we were presented this proposed change by Fire
Marshal Cliff Meekins and our Fire Chief's Office. We discussed issues in the IFC that
were beneficial not only to the developers, but to the code enforcement officials within the
City of La Porte. Additionally the IFC was highly recommended by the ISO consultant
we are working with and since it supports the City's International Building Code (IBC) it
just seems to make sense to have codes that are easily compatible. Not only will this
improve the safety aspects of fire protection in the city, both for the citizens and our
firefighters, but it should make future developments in La Porte safer and more cost
efficient.
Respectfully,
Ronnie Thibodeaux
President
La Porte Volunteer Fire Department
-~i [~
/ 'L~TrVJ~(:::7i~A~::~~
City of La Porte
Established 1892
18 January 2007
The Honorable Alton Porter
Mayor of La Porte
Dear Mayor Porter,
The Fire Code Review Board met on 17 January 2007 to discuss adopting an
updated Fire Code which would ensure the safeguarding of life and property fi'om fire
and explosion hazards arising from the storage, handling and use of hazardous
substances, materials and devices, and from conditions hazardous to life or property in
the occupancy of buildings and premises in the City of La Porte.
After consideration and comparison of the current City of La Porte Fire Code, the
1994 Standard Fire Prevention Code with the 2003 edition of the Intemational Fire Code,
the Fire Code Review Board hereby gives its full support to the adoption of the 2003
edition of the Intemational Fire Code with Amendments. In addition, the Fire Code
Review Board would' like to see the 2003 edition of the lntemational Fire Code with
Amendments be adopted as soon as practical and without delay.
The Fire Code Review Board feels that with the City of La Porte having already
adopted the 2003 edition of the lntemational Building Code, the adoption of the 2003
edition of the Intemational Fire Code with Amendments would make for a safer and more
efficient permitting and inspection program by providing a cohesive combination of the
Fire and Building Codes.
Respectfully,
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
.
NATIONAL
PROPERTY HOLDINGS
January 29, 2007
City of La Porte Fire Marshal's Office
Attn: Clif Meekins
120 S. 2nd Street
La Porte, TX 77571
Dear Clif,
Please accept this letter as a formal show of support for the transition of the Fire Marshal's office from
the 1994 SBCCI Fire Code to the IFC 2003. The City of La Porte is home to one of our biggest projects,
and we fully support any intemal improvements the City is undertaking.
Please let us know if there is anything that we may be of assistance in. We look forward to continuing
the strong relationship we have built with the City.
Sincerely,
~\~
Russell D. Plank, V.P.
National Property Holdings