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Ord 118-2003 12/2/2003ORDINANCE NO. l g'o"1b03 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 2000 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: 2000 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 include the following additions to the International Fire Code adopted in Section 50 -61: COMMENTARY: Change is being made to maintain already adopted administrative procedures and to recognize the role of the Fire Department.. "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 official." COMMENTARY. Operational permits have not been required in the past for the different operations listed in this section. We chose not to delete the section, but instead change the wording that would give us the option of requiring an operational permit if life /safety concerns were present. "105.6 Required operational permits. The 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 may be 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 Battery systems. A permit may be required to install stationary lead -acid battery systems having a liquid capacity of more than 50 gallons (189L). 105.6.6 Cellulose nitrate film. An operational permit may be required to store, handle or use cellulose nitrate film in a Group A occupancy. 105.6.7 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. 105.6.8 Combustible fibers. An operational permit may be required for the storage and handling of combustible fibers in quantities greater than 100 cubic feet (2.8m). Exception: A permit is not required for agricultural storage. 105.6.9 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 105.6.9. Exception: Vehicles equipped for and using compressed gas as a fuel for propelling vehicle. 105.6.10 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. 105.6.11 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 105.6.11. 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. 105.6.12 Cutting and welding. An operational permit may be required to conduct cutting or welding operations within the jurisdiction. 105.6.13 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. 105.6.14 Exhibits and trade shows. An operational permit may be required to operate exhibits and trade shows. 105.6.15 Explosives. An operational permit may be required for the manufacture, storage, handling, sale or use of any quantity of explosive, explosive material, fireworks, or pyrotechnic special effects with the scope of Chapter 33. 105.6.16 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. 105.6.17 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) (see Section 3501.1.2) nor does it apply to piping systems (see Section 3503.6). 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 onsite 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 install, alter, remove, abandon, place temporarily out of service (for more than 90 days) otherwise dispose of 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. 105.6.18 Floor finishing. An operational permit may be required for floor finishing or surfacing operations exceeding 350 square feet (33m2) using Class I or Class II liquids. 105.6.19 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. 105.6.20 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. 105.6.21 Hazardous materials. An operational permit may be required to store, transport on site, dispense, use of handle hazardous materials in excess of the amounts listed in Table 105.6.21. 105.6.22 HPM facilities. An operational permit may be required to store, handle or use hazardous production materials. 105.6.23 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 (46m). 105.6.24 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 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 requirements found in this chapter. These permits shall be issued only to their employees or hot work operations under their supervision." COMMENTARY.- This section will be replaced with a reference to Section 112 of the existing code of ordinances. "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. COMMENTARY.- This section sets the class of violation and fine amount that is equal to the existing violations and fines set forth in the code of ordinances. 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 ($2,000.00). Each day that a violation continues after due notice has been served shall be deemed a separate offense." COMMENTARY.- Some instances would necessitate allowing a roofing contractor to position an asphalt or tar kettle on the roof of a tall structure because of the height restrictions of pumping hot tar, thus the addition of the exception. "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 2002 National Electric Code." SECTION 4. Any other Code referenced within the 2000 International Fire Code, which has not been adopted by the City of Wichita Falls, shall not be considered as a local ordinance. SECTION 5. Commentary sections have been included for explanation and clarification and are not to be considered in the text of the ordinance. SECTION 6. 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 7. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 8. 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 9. 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 2nd day of December, 2003. ATTEST: L-CA) (�' uku�") City Clerk Affidavit of Publication ORDINANCE NO. THE STATE OF TEXAS #1774432 ORDINANCE OF THE COUNTY OF WICHITA CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING SECTION 3400,ZONING ORDI- NANCE APPENDIX B, OR- DINANCES TO ADD On this 16th day of December, 2003 A D... SELF-STORAGE FACILITY/MINI WARE- personally appeared before me, the undersigned authority HOUSE TO THE LIST OF CONDITIONAL USES Kathy Salan, Sales Assistant for the Times Publishing IN A LIMITED COM- MERCIAL J ODINAN E. Company of Wichita Falls, publishers of the Wichita Falls 118-2003 ORDINANCE NO. � p y ORDINANCE OF THE Times/Record News, a newspaper published at Wichita Falls in CITY COUNCIL OF THE C CIT A L L SF W E X A SA Wichita County, Texas,and upon being duly sworn by me, on AMENDING PART II OF THE CODE OF ORDI- oath states that the attached advertisement is a true and NANCECHAPTER 50, FIRE PREVENTION correct copy of advertising published in One (1) issues thereof AND PROTECTION,AT ARTICLE III, FIRE on the following dates: CODE; PROVIDING A REPEALER CLAUSE; PROVIDING FOR IN- CLUSION IN THE CODE 7 ORDINANCE NO. December 14, 2003 119-2003 ORDINANCE OF THE / �i// % ,�J CITY COUNCIL OF THE K 1/// CITY OF WICHITA FALLS, TEXAS, - AMENDING THE CODE OF ORDINANCES AT ARTICLE I,CHAPTER 94,TO REGULATE THE USE OF MOTOR AS- Sales Assistant for Times Publishing Company of Wichita Falls SISTED SCOOTERS ON ANY STREET,HIGH- WAY O R ALLEY I N Subscribed and sworn to before me this the dayand year first above written: THE CORPORATE LIM- ITS OF THE CITY OF WICHITA FALLS. .`(ONES•' — N • u7 �P' • OF•(� OS • sAEs •-' ; / 17-2001` '•...I......