§ 9.52.030. Chapter 1, Scope and Administration, amended  


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  • International Fire Code, 2009 Edition, Chapter 1, Scope and Administration, is hereby adopted in its entirety with the following amendments:

    9.52.030.1 Section 102.1 Construction and design provisions, amended. International Fire Code, 2009 Edition, Section 102.1 Construction and design provisions, is hereby amended to add paragraph 5 to read as follows:

    102.1 Construction and design provisions.

     5. Vacant buildings. Vacant shall be as defined by Chapter 18.40 (Vacant Buildings) of the El Paso City Code.

    9.52.030.2 Section 103.1 General, amended. International Fire Code, 2009 Edition, Section 103.1 General, is hereby amended to read as follows:

    103.1 General. The Fire Prevention Division is established within the fire department. The function of the division shall be implementation, administration and enforcement of the provisions of this Code, or any other standard referenced within the code.

    9.52.030.3 Section 104.6 Official records, amended. International Fire Code, 2009 Edition, Section 104.6 Official records, is hereby amended to read as follows:

    104.6 Official records. The fire code official shall keep official records as required by Sections 104.6.1 through 104.6.4. Such official records shall be retained for not less than five years or for as long as the structure or activity to which such records relate remains in existence, unless otherwise provided by other regulations. The records of the department shall be open to inspection by the public in accordance with applicable laws.

    9.52.030.4 Section 104.9.3 Performance-based design, added. International Fire Code, 2009 Edition, Section 104.9.3 Performance-based design, is hereby added to read as follows:

    104.9.3 Performance-based design. Performance-based design requires definition of the types of hazards and risks that a design is intended to manage, which take the form of design fire scenarios. As with performance requirements, fire scenarios may be specified by a performance-based code, or may be developed by an engineer based on the hazards present or foreseen in a building or facility.

    9.52.030.5 Section 104.9.4 Performance-based submittals, added. International Fire Code, 2009 Edition, Section 104.9.4 Performance-based design submittals, is hereby added to read as follows:

    104.9.4 Performance-based design submittals. The following required documents shall be prepared and submitted as part of the performance-based design: designer qualifications; concept report (fire protection engineering design brief); performance based design report; specifications and drawings; commissioning/acceptance testing procedures; operations and maintenance manual; other documentation required by the fire code official.

    9.52.030.6 Section 104.10 Fire investigations, amended. International Fire Code, 2009 Edition, Section 104.10 Fire investigations, is hereby amended to read as follows:

    104.10 Fire investigations. The fire code official shall have the authority to investigate the origin and cause, and circumstances of any fire, explosion or other hazardous condition. Information that could be related to trade secrets or processes shall not be made part of the public record except as directed by a court of law.

    Fee Exception: The City of El Paso, the County of El Paso, the El Paso Housing Authority, the State of Texas and the United States Government are exempted from payment of fire investigation fees required in Appendix A. Fire investigation services requested by The City of El Paso, the County of El Paso, the El Paso Housing Authority, the State of Texas and the United States Government, or fire investigation services provided in such facilities as owned, operated and maintained by such governmental agencies, shall be exempted from payment of such fire investigation fees.

    9.52.030.7 Section 104.12 Plan review and approval, added. International Fire Code, 2009 Edition, Section 104.12 Plan review and approval is hereby added to read as follows:

    104.12 Plan review and approval. The fire code official shall examine or cause to be examined submitted plans and accompanying documents for evidence of compliance with the provisions of this Code. Plans shall be approved prior to the start of construction, or installation of any fire protection system. The submittal of plans for review does not constitute an authorization to proceed until the required permit is obtained.

    9.52.030.8 Section 105.1.1 Permits required, amended. International Fire Code, 2009 Edition, Section 105.1.1 Permits required, is hereby amended to read as follows:

    105.1.1 Permits required. Permits and licenses required by this Code shall be obtained from the code official. Permit and license fees, as required by Appendix A of this Code, shall be paid to the city prior to issuance of the permit or license. This fee is charged to pay part of the expense of enforcing this section. Any person commencing work or performing any action requiring a permit under this Code without first obtaining the necessary permit shall be subject to a fee of 200% of the scheduled permit fee in addition to the scheduled permit fee and other penalties set forth in Section 109.3 of this Code. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the code official.

    9.52.030.9 Section 105.1.1.1 Payment required, added. International Fire Code, 2009 Edition, Section 105.1.1.1 Payment required, is hereby added to read as follows:

    105.1.1.1 Payment required. A permit, although issued, shall not be valid until fees have been paid.

    Exception: The City of El Paso, the County of El Paso, the El Paso Housing Authority, the State of Texas and the Untied States Government are exempted from payment of the permit fees required in this chapter; provided, that only such facilities as owned, operated and maintained by such governmental agencies shall be exempted from payment of such permit fees.

    9.52.030.10 Section 105.1.2 Types of permits, paragraph 1, Operational permit, amended. International Fire Code, 2009 Edition, Section 105.1.2 Types of permits, paragraph 1, Operational permit, is hereby amended to read as follows:

     1. Operational Permits. An operational permit allows the applicant to conduct an operation or a business for which a permit is required by Section 105.6 for a prescribed period not to exceed one year, unless revoked.

    9.52.030.11 Section 105.2.3 Time limit of application, amended. International Fire Code, 2009 Edition, Section 105.2.3 Time limit of application, is hereby amended to read as follows:

    Section 105.2.3 Time limitation of application. An application for an operational permit for any proposed work or operation shall be deemed to have been abandoned if all applicable fees are not paid in full within 30 days after the date of signing of the permit application.

    9.52.030.12 Section 105.3.1 Expiration, amended. International Fire Code, 2009 Edition, Section 105.3.1 Expiration, is hereby amended to read as follows:

    105.3.1 Expiration. An operational permit shall remain in effect for such a period of time as specified in the permit, unless revoked. Permits are not transferable and any change in occupancy, operation, tenancy or ownership shall require that a new permit be issued.

    9.52.030.13 Section 105.4 Construction documents, amended. International Fire Code, 2009 Edition, Section 105.4 Construction documents, is hereby amended to read as follows:

    105.4 Construction documents. Construction documents shall be in accordance with provisions as set forth in the building code.

    9.52.030.14 Section 105.6 Required operational permits, amended. International Fire Code, 2009 Edition, Section 105.6 Required operational permits, is hereby amended to read as follows:

    105.6 Required operational permits. The code official is authorized to issue operational permits and/or licenses for the operations set forth in sections 105.6.1 through 105.6.52.

    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 is required to operate a special amusement building.

    105.6.3 Aviation facilities. An operational permit is 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, hazardous materials and flammable or combustible finishes.

    105.6.4 Carnivals and fairs. An operational permit is required to conduct a carnival or fair.

    105.6.5 Cellulose nitrate film. An operational permit is required to store, handle or use cellulose nitrate film in a Group A occupancy.

    105.6.6 Combustible dust-producing operations. An operational permit is 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 of the IFC and as amended by this Code.

    105.6.7 Combustible fibers. An operational permit is 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 is 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 vehicle.

    Table 105.6.8
    Permit Amounts for Compressed Gases

    Type of Gas Amount (cubic feet at NTP)
    Corrosive Any amount
    Flammable (except cryogenic fluids and liquefied petroleum gases) 200
    Highly toxic Any amount
    Inert and simple asphyxiant 6,000
    Oxidizing (including oxygen) 504
    Toxic Any amount

     

    For SI: 1 cubic foot =0.02832 m.

    105.6.9 Covered mall buildings. An operational permit is 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 is 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.

    Table 105.6.10
    Permit Amounts for Cryogenic Fluids

    Type of Cryogenic Fluid Inside Building (gallons) Outside Building(gallons)
    Flammable More than 1 60
    Inert 60 500
    Oxidizing (includes oxygen) 10 50
    Physical or health hazard not indicated above Any Amount Any Amount

     

    For SI: 1 gallon = 3.785 L.

    105.6.11 Cutting and welding. An operational permit is required to conduct cutting or welding operations within the jurisdiction.

    105.6.12 Dry cleaning plants. An operational permit is 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 is required to operate exhibits and trade shows.

    105.6.14 Explosives. An operational permit is required for the manufacture, storage, handling, sale or use of any quantity of explosive, explosive material, fireworks, or pyrotechnic special effects within the scope of Chapter 33 of the IFC and as amended by this Code.

    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 of the 2009 IFC, and as amended by this Code.

    105.6.15 Fire hydrants and valves. An operational permit is 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 is 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 (DOT) 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 store, handle or use Class IIIB liquids in tanks or portable tanks for fueling motor vehicles at motor fuel-dispensing facilities or where connected to fuel-burning equipment.

    Exception: Fuel oil and used motor oil used for space heating or water heating.

     5. To remove Class I or 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.

     6. 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.

     7. To install, alter, remove, abandon, place temporarily out of service (for more than 90 days) or otherwise dispose of an underground, protected above-ground or above-ground flammable or combustible liquid tank.

     8. To change the type of contents stored in a flammable or combustible liquid tank to a material that poses a greater hazard than that for which the tank was designed and constructed.

     9. To manufacture, process, blend or refine flammable or combustible liquids.

     10. To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial, industrial, governmental or manufacturing establishments.

     11. To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel tanks of motor vehicles, marine craft and other special equipment at commercial, industrial, governmental or manufacturing establishments.

    105.6.17 Floor finishing. An operational permit is 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 is 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 is 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 is required to store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed in Table 105.6.20.

    105.6.20.1 Exempt materials. The following materials are specifically exempted from any of the permitting requirements in 105.6.20:

     a. Inert gases, which do not support combustion, to include argon, helium, krypton, neon, xenon, compressed air, carbon dioxide, and nitrogen. These gasses are subject to regulation under Section 105.6.10 when stored as cryogenic fluids.

     b. Any hazardous material that is handled, used, stored, or disposed of and is kept for noncommercial purposes at a private residence in Permissible Quantities.

     c. Any material contained in a transportation vehicle when said vehicle is not being used for permanent hazardous materials storage.

     d. Any material, which is held solely as a pharmaceutical product.

     e. Any hazardous waste material in a hazardous waste management facility that is permitted by the State pursuant to 42 U.S.C. Section 6925; provided, however, such materials shall be listed in the permit application if one is otherwise required.

     f. Radioactive material(s) regulated at the Federal or State level; provided, however, that such material(s) be listed in the permit application if one is otherwise required.

     g. Any material to the extent it is used in Permissible Quantities in routine agricultural operations by the end user.

     h. Commercial products kept in Permissible Quantities and used at a facility solely for janitorial purposes.

     i. Any material in interstate transmission facilities or interstate pipeline facilities regulated by 49 U.S.C. Sec. 60101 et. seq. (1997) and any amendments thereto, and any materials in pipeline facilities regulated by Chapter 117 of the Natural Resources Code, Vernon's Ann. Civ. Stat., and any amendments thereto, or subject to Texas Railroad Commission Pipeline Safety Laws and Regulations, and any amendments thereto.

    TABLE 105.6.20
    PERMIT AMOUNTS FOR HAZARDOUS MATERIALS

    TYPE OF MATERIAL AMOUNT
    Combustible liquids See Section 105.6.16
    Corrosive materials
    Gases See Section 105.6.8
    Liquids 55 gallons
    Solids 1000 pounds
    Explosive materials See Section 105.6.14
    Flammable materials
    Gases See Section 105.6.8
    Liquids See Section 105.6.16
    Solids 100 pounds
    Oxidizing materials
    Gases
    Liquids
    Class 4 See Section 105.6.8
    Class 3 Any Amount
    Class 2 1 gallon
    Class 1 10 gallons
    Solids 55 gallons
    Class 4 Any Amount
    Class 3 10 pounds
    Class 2 100 pounds
    Class 1 500 pounds
    Organic peroxides
    Liquids
    Class I
    Class II Any Amount
    Class III Any Amount
    Class IV 1 gallon
    Class V 2 gallons
    Solids No Permit Required
    Class I Any Amount
    Class II Any Amount
    Class III 10 pounds
    Class IV 20 pounds
    Class V No Permit Required
    Pyrophoric materials
    Gases Any Amount
    Liquids Any Amount
    Solids Any Amount
    Toxic materials See Section 105.6.8
    Gases 10 gallons
    Liquids 100 pounds
    Solids
    Unstable (reactive) materials
    Liquids
    Class 4
    Class 3 Any Amount
    Class 2 Any Amount
    Class 1 5 gallons
    Solids 10 gallons
    Class 4 Any Amount
    Class 3 Any Amount
    Class 2 50 pounds
    Class 1 100 pounds
    Water-reactive Materials
    Liquids
    Class 3
    Class 2 Any Amount
    Class 1 5 gallons
    Solids 55 gallons
    Class 3 Any Amount
    Class 2 50 pounds
    Class 1 500 pounds

     

    For SI: 1 gallon = 3.785 L, 1 pound = 0.454 kg.

    a. 20 gallons when Table 2703.1.1(1) Note k applies and hazard identification signs in accordance with Section 2703.5 are provided for quantities of 20 gallons or less.

    b. 200 pounds when Table 2703.1.1(1) Note k applies and hazard identification signs in accordance with Section 2703.5 are provided for quantities of 200 pounds or less.

    105.6.21 HPM Facilities. An operational permit is required to store, handle or use hazardous production materials.

    105.6.22 High-piled storage. An operational permit is required to use a building or portion thereof as a high-piled storage area exceeding 500 square feet (46.5m2).

    105.6.23 Hot work operations. An operational permit is 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 wildfire risk 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 of the IFC, and as amended by this Code. These permits shall be issued only to their employees or hot work operations under their supervision.

    105.6.24 Industrial ovens. An operational permit is required for operation of industrial ovens regulated by Chapter 21 of the IFC, and as amended by this Code.

    105.6.25 Lumber yards and woodworking plants. An operational permit is required for the storage or processing of lumber exceeding 100,000 board feet (8,333 ft3) (236m3).

    105.6.26 Liquid or gas-fueled vehicles or equipment in assembly buildings. An operational permit is required to display, operate or demonstrate liquid- or gas-fueled vehicles or equipment in assembly buildings.

    105.6.27 LP-gas. An operational permit is required for storage and use of LP-gas in containers with an aggregate total of 120 gallon water capacity or more.

    105.6.28 Magnesium. An operational permit is required to melt, cast, heat treat or grind more than 10 pounds (4.54 kg) of magnesium per working day.

    105.6.29 Miscellaneous combustible storage. An operational permit is required to store in any building or upon any premises in excess of 2,500 cubic feet (71 m) gross volume of combustible packing cases, boxes, barrels or similar containers, rubber tires, rubber, cork or similar combustible material.

    105.6.30 Open burning. An operational permit is 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 is required to remove paint with a torch; or to use a torch or open-flame device in a wildfire risk area.

    105.6.32 Open flames and candles. An operational permit is 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 is 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 is required to operate a place of assembly.

    105.6.35 Private fire hydrants. An operational permit is 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 is required for use and handling of pyrotechnic special effects material.

    105.6.37 Pyroxylin plastics. An operational permit is 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 is required to operate a mechanical refrigeration unit or system regulated by Chapter 6 of the IFC, and as amended by this Code, containing in excess of 20 lb (9.1 kg) of refrigerant, other than air or water.

    Exception: Air conditioning units or systems.

    105.6.39 Repair garages and motor fuel-dispensing facilities. An operational permit is required for the operation of repair garages and automotive, marine and fleet motor fuel-dispensing facilities.

    105.6.40 Rooftop heliports. An operational permit is required for the operation of a rooftop heliport.

    105.6.41 Spraying or dipping. An operational permit is required to conduct a spraying or dipping operation utilizing flammable or combustible liquids or the application of combustible powders regulated by Chapter 15 of the IFC, and as amended by this Code.

    105.6.42 Storage of scrap tires and tire byproducts. An operational permit is required to establish, conduct or maintain storage of scrap tires and tire byproducts that exceeds 2,500 cubic feet (71 m) of total volume of scrap tires and for indoor storage of tires and tire byproducts.

    105.6.43 Temporary membrane structures and tents and canopies. An operational permit is required to operate an air-supported temporary membrane structure or a tent having an area in excess of 200 square feet (19m), or a canopy in excess of 400 square feet (37 m).

    Exceptions:

     1. Tents used exclusively for recreational camping purposes.

     2. Fabric canopies and awnings open on all sides which comply with all of the following:

     2.1. Individual canopies shall have a maximum size of 700 square feet (65 m).

     2.2. The aggregate area of multiple canopies placed side by side without a fire break clearance of 12 feet (3.7 m) shall not exceed 700 square feet (65 m) total.

     2.3. A minimum clearance of 12 feet (3.7 m) to structures and other tents shall be provided.

    105.6.44 Tire-rebuilding plants. An operational permit is required for the operation and maintenance of a tire-rebuilding plant.

    105.6.45 Waste handling. An operational permit is required for the operation of automobile wrecking yards, junkyards, recycling facilities, wrecking yards, and waste material-handling facilities.

    105.6.46 Wood products. An operational permit is required to store chips or hogged material in excess of 200 cubic feet (6 m).

    105.6.47 Battery systems. An operational permit is required to install stationary lead acid battery systems having a liquid capacity of more than 50 gallons (189 L).

    105.6.48 Blasting operations. An operational permit is required to conduct blasting operations. Requirements as set forth in Chapter 33 of the IFC, and as amended by Section 9.52.120 of this Code, must be met in order to obtain a blasting permit.

    105.6.49 Blaster's license. A blaster's license shall be required to conduct any blasting operations within the jurisdictional area. A blaster's license shall be obtained in accordance with Chapter 33 of the IFC, and as amended by this Code.

    105.6.50 Commercial Day Care facilities-Children. An operational permit is required for the operation of a commercial child day care facility.

    105.6.51 For Use Permit. The fire official may require an operational permit to be issued for any operation, process, special event, public display, or exhibit not specifically covered by this Code when the fire official deems such operation, process, special event, public display, or exhibit to be hazardous.

    105.6.52 Outside Storage of Combustible Material Permit. Except for operations subject to 105.6.25, 105.6.29, and 105.6.42, an operational permit is required for facilities located at non-residential properties, where the Outside Storage of Combustible Material exists, in a quantity greater than de minimis, as defined in this Subsection.

    105.6.52.1 Definitions.

    "Baled storage" means combustible material that has been placed in containers other than fully-enclosed containers approved by the Department or grouped together by use of metal or plastic bands for ease in loading, transporting and storing in units.

    "Combustible Material" means any material or solid waste that poses a significant fire hazard if ignited by a flame, spark, or any other source of ignition, will readily burn under such conditions, and includes, but is not limited to paper, cardboard, wood, plastics, rubber and fluff (as defined in this sub chapter). Combustible Material shall not include non-solids, or explosives, as defined by Chapter 33 of the IFC.

    "De minimis" means the Outside Storage of Combustible Material (as defined in this sub chapter) of a total volume of less than seventy-five (75) cubic yards at a facility.

    "Department" means the Fire Department of the City of El Paso, Texas.

    "Fluff" means any material that is a by-product of the recycling process that includes but is not limited to, shredding operations, metals separation, compacting or transport operations.

    "Loose storage" means the storage of combustible material that is neither baled nor enclosed in containers.

    "Non-residential Property" means any property in a district other than a residential- or apartment-zoned district.

    "Outside Storage" means storage of any Combustible Material not in a building or structure. Storage of Combustible Material in a fully-enclosed container approved by the Department shall not be considered Outside Storage.

    "Pile" means any accumulation of Combustible Material in a heap or mound.

    "Unit" means a separate and distinct aggregate of homogeneous stacks, bales, pallet storage units, containers and/or piles of Combustible Material.

    105.6.52.2 Permit Application.The owner or a legally-authorized representative of the owner of a facility regulated by this ordinance shall complete and submit a permit application to the Department, in accordance with the following requirements:

     A. An applicant shall submit to the Department an application for an Outside Storage of Combustible Material Permit upon exceeding the de minimis volume of Combustible Material stored outside at the facility;

     B. An applicant that holds a current, valid Outside Combustible Material Storage Permit shall submit a permit renewal application 60 days prior to the permit's expiration;

     C. An applicant for an initial permit or permit renewal shall submit at a minimum, the following information, which shall be requested on the permit application form supplied by the Department:

     1. Name and physical address of facility;

     2. Name and mailing address of facility owner;

     3. Name and mailing address of property owner;

     4. Description of all Combustible Material stored outside;

     5. Estimated quantity (volume) of Combustible Material stored outside;

     6. Facility diagram indicating storage area locations for each Unit stored outside;

     7. Method of storage for each Unit (baled or loose);

     8. Proof of financial responsibility in accordance with Section 105.6.52.8 of this ordinance and as required by any other applicable ordinance; and,

     9. The appropriate Tier 1 or Tier 2 permit fee in the amount set by City Council through its budget resolution or other duly adopted resolution.

     D. If an owner or a legally-authorized representative of the owner of a facility regulated by this Section fails to submit to the Department an application required by this Section, said failure shall be considered a violation of this Section and shall be subject to the penalties described in Section 9.52.030.19.

    105.6.52.3 Issuance, Term and Denial of Permit

     A. The Department shall review all permit applications submitted in accordance with Section 105.6.52.2 and,

     B. Within 60 days of a permit renewal or new permit application submitted in accordance with Subsection 105.6.52.2, the Department shall issue a permit renewal or a new permit which, unless revoked, shall be valid for a period of twelve (12) calendar months to the applicant, or

     C. The Department shall deny the application in writing and shall inform the applicant of any deficiencies of the permit application if the permit application was incomplete, or

     D. Within 30 days of a permit application for a previously revoked permit, the Department shall deny the application in writing if the revocation period of twelve (12) months has not yet elapsed.

    105.6.52.4 Revocation of Permit. The Department may revoke, for a period of up to twelve (12) calendar months from date of written notification, an Outside Storage of Combustible Material Permit issued to an owner or a legally authorized representative of the owner of a facility if one of the following conditions occur:

     A. Applicant has supplied the Department false, incorrect or misleading information on an application for permit renewal or new permit;

     B. More than two (2) written notices of violation of this Section resulting from inspections by the Fire Official have been issued within a period of twelve (12) months to a holder of a current, valid permit; or

     C. During or immediately following a fire at a permitted facility, a violation of this Section has occurred and has been documented by the Fire Official.

    105.6.52.5 Right to Appeal Permit Revocation. The right to appeal a permit revocation is provided in the City Fire Prevention Code 9.52.030.18 Section 108.1 Board of Appeals and in accordance with Chapter 2.30 of the City Code.

    105.6.52.6 Permit Requirements.

     A. Tier 1. For facilities that maintain no more than one (1) Unit of loose storage and/or no more than one (1) Unit of baled storage, the following requirements shall be met:

     1. A facility fire plan, subject to approval by the Fire Official, that includes: a description of all Combustible Material at the facility and the manner in which it is stored, routes of facility evacuation for employees, fire awareness and prevention orientation training for facility employees, site plan indicating fixed structures, Units and fire extinguisher locations, a facility fire alarm system, and a description of security measures to restrict public access to Combustible Material stored outside;

     2. A minimum of one (1) type 2A20BC fire extinguisher per Unit, with a distance of no more than 50 feet between the extinguisher and the closest point of the Unit;

     3. A minimum of one (1) type 2A20BC fire extinguisher mounted on each vehicle used to manage, load, or move Combustible Material;

     4. Installation of a security measure to restrict public access to Combustible Material stored outside by use of a physical barrier, such as a fence or wall, in accordance with applicable zoning ordinance(s);

     5. Payment of Outside Storage of Combustible Material Permit Tier 1 permit fee in the amount set by City Council through its budget resolution or other duly adopted resolution.

     6. Proof of Financial Responsibility for the facility, in the principal sum of $1,000,000.00 and in accordance with Subsection 105.6.52.8 of this ordinance.

     B. Tier 2. For facilities that maintain more than one (1) Unit of loose storage, more than two (2) Units of baled storage, or any combination of more than two (2) Units of loose or baled storage, the following requirements shall be met:

     1. Provisions 1 — 4, permit requirements for Tier 1;

     2. Payment of Outside Storage of Combustible Material Permit Tier 2 permit fee in the amount set by City Council through its budget resolution or other duly adopted resolution; and

     3. Proof of Financial Responsibility for the facility, in the principal sum of $2,000,000.00 and in accordance with Subsection 105.6.52.8 of this ordinance.

    105.6.52.7 Storage. Combustible Material stored outside shall be maintained in accordance with the following requirements:

     A. For Units of loose storage:

     1. Unit height shall not exceed eight (8) feet;

     2. Unit footprint shall not exceed a perimeter measurement of three hundred (300) feet;

     3. A buffer zone shall be established between each Unit and the physical barrier indicated in the permit application of at least twenty (20) feet; and

     4. A storage separation space shall be established between individual Units of Combustible Material of at least twenty (20) feet.

     B. For Units of baled storage:

     1. Unit height shall not exceed twelve (12) feet;

     2. Unit footprint shall not exceed a perimeter measurement of five hundred (500) feet;

     3. A buffer zone shall be established between each Unit and the physical barrier indicated in the permit application of at least twenty (20) feet; and

     4. A storage separation space shall be established between individual Units of Combustible Material of at least twenty (20) feet.

     C. Storage Separation Space and Fire Safety Buffer Zone

     1. No storage of Combustible Material shall be allowed within the buffer zone or in the storage separation space described in this Subsection. In addition, said buffer zone and storage separation space must at all times be kept free and clear of equipment, material and/or accumulation of waste.

     2. A reduction to ten (10) feet for the fire safety buffer zone, as described in the immediately preceding paragraph, may be allowed at a facility where Combustible Material is stored in containers approved by the Department.

     3. A reduction of the storage separation space may be allowed where the Combustible Material is stored in containers approved by the Department.

    105.6.52.8 Financial Responsibility.

     A. Insurance. No permit applicant shall be issued a permit until the applicant presents evidence satisfactory to the Fire Official that the applicant meets the following minimum insurance requirements:

     1. The applicant shall procure and shall maintain during the term of the permit such public liability insurance naming the permittee performing work associated with the permit as insured, co-insured or additionally insured for claims for damages for personal injury, including accidental death, as well as for claim for property damage that may arise from outside storage of combustible material associated with the facility identified on the permit.

     2. Minimum limits of liability and coverage shall be $1,000,000.00 or $2,000,000.00, as required by the permit, for each occurrence and in the aggregate. Permit applicants that are governmental entities may comply with the insurance requirements of this Subsection by providing certification that they are self-insured.

     3. Such insurance shall be written by an accredited insurance company under the supervision of the Board of Insurance Commissioners of the State of Texas. Evidence of compliance with these insurance requirements shall be considered as having been met when a copy of the insurance policy or a certificate of insurance has been filed with and approved by the fire official. Such policy shall include an endorsement that the City is named as an additional insured to the full amount of the policy limits and that the fire official shall be notified at least thirty (30) days in advance in the event the policy or policies are canceled and ten (10) days in advance for non-payment of policy premiums. The certificate of insurance shall recite or attach such endorsement for additional insured and the notice requirements. The permitee shall maintain said insurance with a solvent insurance company authorized to do business in Texas. The policy shall provide that the insurer will defend against all claims and lawsuits which arise and will pay any final judgment of a court of competent jurisdiction against the City, its officers, agents, servants or employees, and permittee, his officers, agents, servants or employees. Failure to keep the insurance policy in full force and effect throughout the term of the permit shall be grounds for permit revocation.

     4. A permit applicant who has provided certificates of insurance to the City pursuant to the requirements of a Chapter of the City Code other than this Subchapter that meet all of the requirements established in this Subchapter shall not be required to obtain an additional insurance but is required to provide such certificates of insurance showing present coverage as required in this Subchapter. A permittee who has multiple permits under this Chapter is required to provide only one current valid certificate of insurance for all such permits but may be required to provide a copy of the current certificate of insurance with each application under this Subchapter.

    105.6.52.9 Nontransferable. Permits issued under this chapter shall be personal to the permittee, and shall not be assigned or transferred to any other person or entity.

    9.52.030.15 Section 105.7 Required construction permits, amended. International Fire Code, 2009 Edition, Section 105.7 required construction permits, is hereby amended to read as follows:

    105.7 Required construction permits. Where required, application for construction permit shall be made to the building official in accordance with Section 105 of the International Building Code and Title 18, Chapter 18.08 (Building Code) of the El Paso City Code.

    9.52.030.16 International Fire Code Subsection 106.2.3: Certificates of Occupancy: The building owner or an occupant or other person having charge or control of a building, structure or premises or their duly authorized agent shall have a valid certificate of occupancy available for review, upon request by the fire code official conducting an official inspection of a building, structure or premises. Failure to provide a valid certificate of occupancy upon request to the fire code official shall result in the denial of the issuance of an operational permit by the fire code official, unless the building existed prior to November 23, 1955 and has not been structurally altered or experienced a change in use since November 23, 1955.

    9.52.030.16.1 Except as provided in Ordinance No. 1448 and other applicable law, it shall be a violation of this title if a building owner or an occupant or other person having charge or control of a building, structure or premises does not obtain a certificate of occupancy from the building official.

    9.52.030.16.2 In accordance with applicable law, the fire code official shall be authorized to take immediate action when life safety issues require such action.

    9.52.030.16.3 The provisions of this Subsection 9.52.030.16, including a determination that a certificate of occupancy is not required because the building existed prior to November 23, 1955 and has not been structurally altered or experienced a change in use since November 23, 1955, shall be subject to the appeal process referenced in local amendment 108.1 of Subsection 9.52.030.16 of the City Code.

    Note: Section 9.52.030.16 shall take effect 180 days after passage of Ord. No. 17969.

    9.52.030.17 Section 107.2.1.1 Private fire hydrant test and inspection records, added. International Fire Code, 2009 Edition, Section 107.2.2.2 Private fire hydrant test and inspection records, is hereby added to read as follows:

    107.2.1.1 Private fire hydrant test and inspection records. Private fire hydrant test and inspection records shall be filed with the Fire Marshal's Office within two working days from the private hydrant's date of test/inspection.

    9.52.030.18 Section 107.2.1.2 Fire hydrant not operative, added. International Fire Code, 2009 Edition, Section 107.2.1.2 Fire hydrant not operative, is hereby added to read as follows:

    107.2.1.2 Fire hydrant not operative. If a fire hydrant is not operative and is not repaired at the time of its test/inspection, the hydrant's condition must be reported to the Fire Marshal's Office immediately.

    9.52.030.19 Section 108.1 Board of appeals established, amended. International Fire Code, 2009 Edition, Section 108.1 Board of appeals established, is hereby amended to read as follows:

    108.1 Board of appeals. Appeals of orders, decisions or determinations by the code official relative to the application and interpretation of this Code may be appealed to the Construction Board of Appeals in accordance with Chapter 2.30 of the City Code.

    9.52.030.20 Section 109.3 Violation penalties, amended. International Fire Code, 2009 Edition, Section 109.3 Violation penalties, is hereby amended to read as follows:

    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 the code official, or of a permit or certificate used under provisions of this Code, shall be guilty of a misdemeanor, punishable by a fine of not more than two thousand dollars. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

    9.52.030.20.1 Section 109.4 Citations, added. International Fire Code, 2009 Edition, Section 109.4 Citations, is hereby added to read as follow:

    109.4 Citations. The fire official shall have the authority to issue citations for violations of provisions of this Code.

    9.52.030.20.2 Section 111.4 Failure to comply, amended. International Fire Code, 2009 Edition, Section 111.4 Failure to comply, is hereby amended to read as follows:

    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 two thousand dollars.

(Ord. No. 17423, 9-21-2010, eff. 1-1-2011; Ord. No. 17673, §§ 1, 2, 11-1-2011, eff. 3-1-2012; Ord. No. 17969, §§ 1, 2, 3-5-2013)