Ord 046-2007 5/1/2007 ORDINANCE NO. �"�[' - �a �
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AMENDING PART II OF THE CODE OF ORDINANCES,
CHAPTER 50, FIRE PREVENTION AND PROTECTION, AT ARTICLE III,
FIRE CODE; PROVIDING A REPEALER CLAUSE; PROVIDING FOR
INCLUSION IN THE CODE; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO
THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the Construction Board of Adjustment and Appeals has determined
that amendments to the Wichita Falls Code of Ordinances at Section 50, Fire
Prevention and Protection, are necessary to advance public purposes relating to safety,
the quality of life, appearance, and function of the City, and
WHEREAS, the Construction Board of Adjustment and Appeals recommends the
adoption of the 2006 International Fire Code, as amended herein; and
WHEREAS, the City Council concurs with such adoption.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1 . Section 50-61 of the Code of Ordinances is amended to read as
follows:
"Sec. 50-61 Adopted.
The following code, published by the International Code Council, is adopted by
reference as though it were copied fully in this section: 2006 International Fire Code,
Including Chapters 1-45 and Appendices A, B, C, D, F, and G."
SECTION 2 . The first sentence of Section 50-62 of the Code of Ordinances is
amended to read as follows:
"Sec. 50-62. Changes, deletions and amendments.
The following changes, deletions and amendments are made in the International
Fire Code adopted in Section 50-61:"
SECTION 3. The existing language of Section 50-62 of the Code of Ordinances
is hereby amended to read as follows in the International Fire Code adopted in Section
50-61:
103.1 General. The department of fire prevention is established within the
jurisdiction under the direction of the code official. The function of the department shall
be the implementation, administration and enforcement of the provisions of this code.
Any reference in this code to code official shall be held to mean the fire marshal.
105.6 Required operational permits. The fire code official is authorized to issue
operational permits for the operations set forth in Sections 105.6.1 through 105.6.46.
105.6.1 Aerosol products. An operational permit is required to manufacture,
store or handle an aggregate quantity of Level 2 or Level 3 aerosol products in excess
of 500 pounds (227 kg) net weight.
105.6.2 Amusement buildings. An operational permit may be required to operate
a special amusement building.
105.6.3 Aviation facilities. An operational permit may be required to use a Group
H or Group S occupancy for aircraft servicing or repair and aircraft fuel-servicing
vehicles. Additional permits required by other sections of this code include, but are not
limited to, hot work, hazardous materials and flammable or combustible finishes.
105.6.4 Carnivals and fairs. An operational permit may be required to conduct a
carnival or fair.
105.6.5 Cellulose nitrate film. An operational permit may be required to store,
handle or use cellulose nitrate film in a Group A occupancy.
105.6.6 Combustible dust-producing operations. An operational permit may be
required to operate a grain elevator, flour starch mill, feed mill, or a plant pulverizing
aluminum, coal, cocoa, magnesium, spices or sugar, or other operations producing
combustible dusts as defined in Chapter 2.
105.6.7 Combustible fibers. An operational permit may be required for the
storage and handling of combustible fibers in quantities greater than 100 cubic feet (2.8
m3).
Exception: A permit is not required for agricultural storage.
105.6.8 Compressed gases. An operational permit may be required for the
storage, use or handling at normal temperature and pressure (NTP) of compressed
gases in excess of the amounts listed in Table 105.6.8.
Exception: Vehicles equipped for and using compressed gas as a fuel for
propelling the vehi
105.6.9 Covered mall buildings. An operational permit may be required for:
1. The placement of retail fixtures and displays, concession equipment,
displays of highly combustible goods and similar items in the mall.
2. The display of liquid- or gas-fired equipment in the mall.
3. The use of open-flame or flame-producing equipment in the mall.
105.6.10 Cryogenic fluids. An operational permit may be required to produce,
store, transport on site, use, handle or dispense cryogenic fluids in excess of the
amounts listed in Table 105.6.10.
Exception: Permits are not required for vehicles equipped for and using
cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading.
105.6.11 Cutting and welding. An operational permit may be required to conduct
cutting or welding operations within the jurisdiction.
105.6.12 Dry cleaning plants. An operational permit may be required to engage
in the business of dry cleaning or to change to a more hazardous cleaning solvent used
in existing dry cleaning equipment.
105.6.13 Exhibits and trade shows. An operational permit may be required to
operate exhibits and trade shows.
105.6.14 Explosives. An operational permit may be required for the
manufacture, storage, handling, sale or use of any quantity of explosives, explosive
materials, fireworks or pyrotechnic special effects within the scope of Chapter 33.
Exception: Storage in Group R-3 occupancies of smokeless propellant, black
powder and small arms primers for personal use, not for resale and in accordance with
Section 3306.
105.6.15 Fire hydrants and valves. An operational permit may be required to use
or operate fire hydrants or valves intended for fire suppression purposes which are
installed on water systems and accessible to a fire apparatus access road that is open
to or generally used by the public.
Exception: A permit is not required for authorized employees of the water
company that supplies the system or the fire department to use or operate fire hydrants
or valves.
105.6.16 Flammable and combustible liquids. An operational permit may be
required:
1. To use or operate a pipeline for the transportation within facilities of
flammable or combustible liquids. This requirement shall not apply to the off-site
transportation in pipelines regulated by the Department of Transportation (DOTn) nor
does it apply to piping systems.
2. To store, handle or use Class I liquids in excess of 5 gallons (19 L) in a
building or in excess of 10 gallons (37.9 L) outside of a building, except that a permit is
not required for the following:
2.1. The storage or use of Class I liquids in the fuel tank of a motor vehicle,
aircraft, motorboat, mobile power plant or mobile heating plant, unless such storage, in
the opinion of the code official, would cause an unsafe condition.
2.2. The storage or use of paints, oils, varnishes or similar flammable mixtures
when such liquids are stored for maintenance, painting or similar purposes for a period
of not more than 30 days.
3. To store, handle or use Class II or Class IIIA liquids in excess of 25
gallons (95 L) in a building or in excess of 60 gallons (227 L) outside a building, except
for fuel oil used in connection with oil-burning equipment.
4. To remove Class I or Class II liquids from an underground storage tank
used for fueling motor vehicles by any means other than the approved, stationary on-
site pumps normally used for dispensing purposes.
5. To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel-
dispensing stations, refineries, distilleries and similar facilities where flammable and
combustible liquids are produced, processed, transported, stored, dispensed or used.
6. To place temporarily out of service (for more than 90 days) an
underground, protected above-ground or above-ground flammable or combustible liquid
tank.
7. To change the type of contents stored in a flammable or combustible liquid
tank to a material which poses a greater hazard than that for which the tank was
designed and constructed.
8. To manufacture, process, blend or refine flammable or combustible
liquids.
9. To engage in the dispensing of liquid fuels into the fuel tanks of motor
vehicles at commercial, industrial, governmental or manufacturing establishments.
10. To utilize a site for the dispensing of liquid fuels from tank vehicles into the
fuel tanks of motor vehicles at commercial, industrial, governmental or manufacturing
establishments.
105.6.17 Floor finishing. An operational permit may be required for floor finishing
or surfacing operations exceeding 350 square feet (33 m2) using Class I or Class II
liquids.
105.6.18 Fruit and crop ripening. An operational permit may be required to
operate a fruit-, or crop-ripening facility or conduct a fruit-ripening process using
ethylene gas.
105.6.19 Fumigation and thermal insecticidal fogging. An operational permit may
be required to operate a business of fumigation or thermal insecticidal fogging and to
maintain a room, vault or chamber in which a toxic or flammable fumigant is used.
105.6.20 Hazardous materials. An operational permit may be required to store,
transport on site, dispense, use or handle hazardous materials in excess of the amounts
listed in Table 105.6.20.
105.6.21 HPM facilities. An operational permit may be required to store, handle
or use hazardous production materials.
105.6.22 High-piled storage. An operational permit may be required to use a
building or portion thereof as a high-piled storage area exceeding 500 square feet (46
m2).
105.6.23 Hot work operations. An operational permit may be required for hot
work including, but not limited to:
1. Public exhibitions and demonstrations where hot work is conducted.
2. Use of portable hot work equipment inside a structure.
Exception: Work that is conducted under a construction permit.
3. Fixed-site hot work equipment such as welding booths.
4. Hot work conducted within a hazardous fire area.
5. Application of roof coverings with the use of an open-flame device.
6. When approved, the fire code official shall issue a permit to carry out a
Hot Work Program. This program allows approved personnel to regulate their facility's
hot work operations. The approved personnel shall be trained in the fire safety aspects
denoted in this chapter and shall be responsible for issuing permits requiring
compliance with the requirements found in Chapter 26. These permits shall be issued
only to their employees or hot work operations under their supervision.
105.6.24 Industrial ovens. An operational permit may be required for operation
of industrial ovens regulated by Chapter 21.
105.6.25 Lumber yards and woodworking plants. An operational permit may be
required for the storage or processing of lumber exceeding 100,000 board feet (8,333
ft3) (236 m3).
105.6.26 Liquid- or gas-fueled vehicles or equipment in assembly buildings. An
operational permit may be required to display, operate or demonstrate liquid- or gas-
fueled vehicles or equipment in assembly buildings.
105.6.27 LP-gas. An operational permit may be required for:
1. Storage and use of LP-gas.
Exception: A permit is not required for individual containers with a 500-gallon
(1893 L) water capacity or less serving occupancies in Group R-3.
2. Operation of cargo tankers that transport LP-gas.
105.6.28 Magnesium. An operational permit may be required to melt, cast, heat
treat or grind more than 10 pounds (4.54 kg) of magnesium.
105.6.29 Miscellaneous combustible storage. An operational permit may be
required to store in any building or upon any premises in excess of 2,500 cubic feet (71
m3) gross volume of combustible empty packing cases, boxes, barrels or similar
containers, rubber tires, rubber, cork or similar combustible material.
105.6.30 Open burning. An operational permit may be required for the kindling
or maintaining of an open fire or a fire on any public street, alley, road, or other public or
private ground. Instructions and stipulations of the permit shall be adhered to.
Exception: Recreational fires.
105.6.31 Open flames and torches. An operational permit may be required to
remove paint with a torch; or to use a torch or open-flame device in a hazardous fire
area.
105.6.32 Open flames and candles. An operational permit may be required to
use open flames or candles in connection with assembly areas, dining areas of
restaurants or drinking establishments.
105.6.33 Organic coatings. An operational permit may be required for any
organic-coating manufacturing operation producing more than 1 gallon (4 L) of an
organic coating in one day.
105.6.34 Places of assembly. An operational permit may be required to operate
a place of assembly.
105.6.35 Private fire hydrants. An operational permit may be required for the
removal from service, use or operation of private fire hydrants.
Exception: A permit is not required for private industry with trained maintenance
personnel, private fire brigade or fire departments to maintain, test and use private
hydrants.
105.6.36 Pyrotechnic special effects material. An operational permit may be
required for use and handling of pyrotechnic special effects material.
105.6.37 Pyroxylin plastics. An operational permit may be required for storage or
handling of more than 25 pounds (11 kg) of cellulose nitrate (pyroxylin) plastics and for
the assembly or manufacture of articles involving pyroxylin plastics.
105.6.38 Refrigeration equipment. An operational permit may be required to
operate a mechanical refrigeration unit or system regulated by Chapter 6.
105.6.39 Repair garages and motor fuel-dispensing facilities. An operational
permit may be required for operation of repair garages and automotive, marine and fleet
motor fuel-dispensing facilities.
105.6.40 Rooftop heliports. An operational permit may be required for the
operation of a rooftop heliport.
105.6.41 Spraying or dipping. An operational permit may be required to conduct
a spraying or dipping operation utilizing flammable or combustible liquids or the
application of combustible powders regulated by Chapter 15.
105.6.42 Storage of scrap tires and tire byproducts. An operational permit may
be required to establish, conduct or maintain storage of scrap tires and tire byproducts
that exceeds 2,500 cubic feet (71 m3) of total volume of scrap tires and for indoor
storage of tires and tire byproducts.
105.6.43 Temporary membrane structures, tents and canopies. An operational
permit may be required to operate an air-supported temporary membrane structure or a
tent having an area in excess of 200 square feet (19 m2), or a canopy in excess of 400
square feet (37 m2).
Exceptions:
1. Tents used exclusively for recreational camping purposes.
2. Fabric canopies open on all sides which comply with all of the following:
2.1. Individual canopies having a maximum size of 700 square feet (65 m2).
2.2. The aggregate area of multiple canopies placed side by side without a fire
break clearance of not less than 12 feet (3658 mm) shall not exceed 700 square feet
(65 m2) total.
2.3. A minimum clearance of 12 feet (3658 mm) to structures and other tents
shall be provided.
105.6.44 Tire-rebuilding plants. An operational permit may be required for the
operation and maintenance of a tire-rebuilding plant.
105.6.45 Waste handling. An operational permit may be required for the
operation of wrecking yards, junk yards and waste material-handling facilities.
105.6.46 Wood products. An operational permit may be required to store chips,
hogged material, lumber or plywood in excess of 200 cubic feet (6 m3).
Section 108. Board of Appeals
108.1 General. This section shall comply with Chapter 22, Section 22-27,
Changes, deletions and amendments, Section 112, Board of Appeals, in the Code of
Ordinances, City of Wichita Falls, Texas.
109.3 Violation penalties. 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 this
code official, or of a permit or certificate used under provisions of this code, shall be
guilty of a Class C Misdemeanor, punishable by a fine of not more than Two Thousand
dollars ($2,000.00). Each day that a violation continues after due notice has been
served shall be deemed a separate offense.
303.2 Location. Asphalt (tar) kettles shall not be located within 20 feet (6096
mm) of any combustible material, combustible building surface of any building opening
and within a controlled area identified by the use of traffic cones, barriers or other
approved means. Asphalt (tar) kettles and pots shall not be utilized inside or on the roof
of a building or structure. Roofing kettles and operating asphalt (tar) kettles shall not
block means of egress, gates, roadways or entrance.
Exception: Code Official may allow kettles and pots on a roof where no other
means of access is available.
904.3.1 Electrical wiring. Electrical wiring shall be in accordance with the 2005
National Electric Code."
SECTION 4. Any other Code referenced within the 2006 Internationai Fire Code,
which has not been adopted by the City of Wichita Falls, shall not be considered as a
local ordinance.
SECTION 5. It is the intention of the City Council of the City of Wichita Falls,
Texas, that the provisions of this ordinance shall become a part of the Code of
Ordinances of the City of Wichita Falls, Texas, and that sections of this ordinance may
be renumbered or relettered to accomplish such intention.
SECTION 6. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 7. Should any word, phrase, paragraph, section or portion of this
ordinance or the Code of Ordinances, as amended hereby, be held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance or the Code of Ordinances, as amended hereby, which shall remain in full
force and effect.
SECTION 8. It is officially found and determined that the meeting at which this
ordinance was passed was open to the public and required by law.
PASSED AND APPROVED this the 1st day of May, 2007.
�
MAYOR
ATTEST:
ty lerk
Affidavit of Publication
ORDINAMCE NO.
39-2007
oRUi�rANCE oF rHe THE STATE OF TEXAS #186264
CITY GpUNCIL UF
THe cirv oF wicHi- COUNTY OF WICHITA
TA FALLS, TEXA3,
DESIGNATIN6 THE
HOLT HOTEL BUILD-
ING at 600 8tN STREET
LANDMARK TA FALLS On this 7 day of May 2007 A D ...
ORDI� o�e No. personally appeared before me, the undersigned authority
ORD Y N CO U N�FL F Kathy Salan, Sales Assistant for the Times Publishing
THE C17Y OF W�CHI- '
TA FALLS, TEXAS Company of Wichita Falls, publishers of the Wichita Falls
AMENDWG, PART II m
OF THE CODE OF OR- T1IIleS/iteCOY'd NCWS� a newspaper published at Wichita Falls in
DIN'ANCES, AT CHAp-
T E R 22, B U I L D I NG S W1C�11tA COUl1Ty Texas, and upon being duly sworn by me, on
AND BULLDiNG
REGULATIONS a�rr- oath states that the attached advertisement is a true and
cle II Building Codes,
A r t i c I e 1 V P I u m b i n e correct copy of advertising published in One (1) issues hereof
Codes, ArTicle V Me-
chanical Codes, Article on the following date
YII Gas Codes and Arti-
cle XI ResidenTial
Codes tor One and Two
Fami�v Dwel,lings, ,BY May 6 � 2�07
MAKING CERTAIN
ADDITIONS, AMEND-
MENTS, AND DELE-
TIONS THERETO;
. QRDINANCE N0. �
46-2007
ORDINANCE OF THE
CITY COUNCIL OF
THE CITY OF WICHI-
TA FALLS, TEXAS,
OF TH� COD oF oR'- Sales Assistant for Times Publis ing Company of Wichita Falls
DINANCES,CHAPTER
50, FIRE PREVEN-
T I O N, 4 A T A R T�I C L E Subscribed and sworn to before me this the day and year first above written:
III, fIRE CODE; PRO-
VIDING A REPEALER
CLAUSE; PROVIDING
FOR INCLUSION IN
THE CODE;
ORDINANCE NO. I l�� �
47-2007 � / �- ; T
ORDINANCE OF THE ��
CITY COUNCIL OF
THE CITY OF WICHI-
TA' FALLS, TEXAS,
AMENDIPIG PART II �/i�
-0F T.HE CODE OF OR- ��i
DINANCES, AT CHAP- �C` ���
TER 46, ENVIRON-
MENT, ARTICLE II, " / %
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