City of Dalworthington Gardens, TX FIRE CODE

The 2015 edition of the International Fire Code, as amended by the NCTCOG amendments, is further amended and changed in the following respects:

(1)

Section 101.1 “Title” is amended to read as follows:

101.1 Title. These regulations shall be known hereafter as the fire code of Dalworthington Gardens, Texas, hereinafter referred to as “this code.”

(2)

Section 104.11 “Authority at fires and other emergencies” is amended by adding sections 104.11.4, 104.11.5, and 104.11.6 to read as follows:

104.11.4 Utilities. The chief or any member of the fire department shall have the authority, in time of emergency, to order the disconnection of gas or electrical utilities to a building or structure when deemed necessary for the public safety, without liability therefor.

104.11.5 Evacuation. The chief or any member of the fire department shall have the authority, in time of emergency, to order the evacuation of a building or structure when deemed necessary for the safety of occupants thereof, and it shall be unlawful for any person to refuse to evacuate upon such order, or to resist or obstruct the evacuation of other persons.

104.11.6 Disaster authority. The chief or any members of the fire or police department shall have the authority during the period of a federal, state or city emergency or disaster declaration to evacuate areas, control traffic or take other action, or take no action as necessary to deal with a situation when such action or inaction may save lives, prevent human suffering or mitigate property damage. An action or inaction is “effective” if it in any way contributes or can reasonably be thought to contribute to preserving lives or property or prevent human suffering.

(3)

Section 104 “General authority and responsibilities” is amended by adding sections 104.12 and 104.13 to read as follows:

104.12 Governmental immunity. This fire prevention chapter is an exercise by the city of its governmental functions for the protection of the public peace, health and safety; and neither the city nor agents and representatives of said city (or any individual, receiver, firm, partnership, corporation, association, trustee or any of the agents thereof, in good faith carrying out, complying with or attempting to comply with any order, rule or regulation promulgated pursuant to the provisions of this ordinance) shall be liable for any damage sustained to persons or property as the result of said activity.

104.13 Standard of care for emergency action. Every officer, agent or employee of the city, and every officer, agent, or employee of an authorized provider of emergency services, including, but not limited to every unit of government or subdivision thereof, while responding to emergency calls or reacting to emergency situations, regardless of whether any declaration of emergency has been declared or proclaimed by a unit of government or subdivision thereof, is hereby authorized to act or not to act in such a manner to effectively deal with the emergency. An action or inaction is “effective” if it in any way contributes or can reasonably be thought by the provider of such emergency service to contribute to preserving any lives or property. This section shall prevail over every other ordinance of the city and, to the extent to which the city has the authority to so authorize, over any other law establishing a standard of care in conflict with this section. Neither the city nor the employee, agent, or officer thereof; or other unit of government or subdivision thereof or its employees, agents, or officers shall be liable for failure to use ordinary care in such emergency. It is the intent of the city council, by passing this ordinance, to assure effective action in emergency situations by those entrusted with the responsibility of saving lives and property by protecting such governmental units from liability, and their employees, agents, and officers from non-intentional tort liability to the fullest extent permitted by statutory and constitutional law. This section shall be liberally construed to carry out the intent of the city council.

(4)

Section 105 “Permits” is amended by adding section 105.1.1.1 to read as follows:

105.1.1.1 Penalties. Permit fees shall be doubled if a contractor has begun work without a permit. For the second and subsequent occurrence by the same contractor within two (2) years, the permit fees shall be tripled. A resubmittal fee will be assessed for plans that have been resubmitted more than two times (2X) and for each time thereafter. Resubmittal fees related to this fire code shall be set from time to time by resolution of the city council.

(5)

Section 106 “inspections” is amended by adding sections 106.1.1 and 106.1.2 to read as follows:

106.1.1 Inspection fees. Any occupancy or premises hereafter opening for the purpose of doing business in the city, as evidenced by application to the building official for a certificate of occupancy, or application for gas well drilling shall pay a fee for an initial fire code compliance inspection and for the establishment of an inspection file. This fee shall be set from time to time by resolution of the city council and shall be collected by the building official at the same time that the certificate of occupancy fee is collected. An occupant or premises shall pay a fee for an annual fire code compliance inspection of the occupancy in an amount set from time to time by resolution of city council and payment of this fee shall be due to the city within thirty (30) days from the billing date. Failure to pay the fee within thirty (30) days from the billing date shall result in a $25.00 penalty being assessed to the original invoiced amount. An additional fifteen (15) days shall be given to pay the original invoiced amount plus the $25.00 penalty fee. Any unpaid balances following this period shall result in suspension of the certificate of occupancy unless a payment plan arrangement has been made with the City. Any certificate of occupancy suspension or payment plan arrangement shall require approval from the DPS Director and City Administrator. A payment plan shall not exceed a two-month time period for payment of past due balances.

106.1.2 Reinspection fees. When it has been determined that a fire hazard or violation of this fire code exists in or upon any property, structure, vehicle, system or process, and the period of time given to correct the fire hazard or violation has expired, the chief or authorized representative shall conduct a reinspection. A reinspection fee will be set from time to time by resolution of city council, collected by the city, payable by the person receiving the order or notice to correct the violation, and payment of this fee shall be due to the city within thirty (30) days from the billing date. Failure to pay the fee within thirty (30) days from the billing date shall result in a $25.00 penalty being assessed to the original invoiced amount. An additional fifteen (15) days shall be given to pay the original invoiced amount plus the $25.00 penalty fee.

Any unpaid balances following this period shall result in suspension of the certificate of occupancy unless a payment plan arrangement has been made with the City. Any certificate of occupancy suspension or payment plan arrangement shall require approval from the DPS Director and City Administrator. A payment plan shall not exceed a two-month time period for payment of past due balances.

Payment of fees or fines assessed under this chapter does not permit or excuse the continuation of a violation or the fire hazard.

(6)

Section 109 “Violations” is amended by adding section 109.2.1 to read as follows:

109.2.1 Presumption. The owner, occupant or person in control of any building or premises where any violation of this fire code or other ordinances of the city relating to fire safety is found shall be prima facie responsible for such violation. When any vehicle is in violation of any provision of this fire code, such fact shall constitute prima facie proof that the person in whose name said vehicle is registered is guilty of a violation of this fire code.

(7)

Section 109.4 “Violation penalties” is amended to read as follows:

109.4 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 fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor offense, punishable by a fine of not more than $2,000.00 dollars. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

(8)

Section 111.4 “Failure to comply” is 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 for a fine of up to $2,000.00 per day.

(9)

Section 202 “Definitions” is amended by adding the following definition to read as follows:

Authorized representative. Shall include, but not be limited to, fire inspector, building inspector, code enforcement inspector, housing inspector and police officers.

(10)

Section 307 “Open burning, recreational fires, and portable outdoor fireplaces” is amended by adding section 307.1.2 to read as follows:

307.1.2 Unauthorized burning. The building of fires upon the paved portions of public streets and right-of-way; building of warming fires at construction sites; and building fires for the purpose of burning trash, leaves, grass clippings or debris is prohibited except as otherwise provided for by this code. Any such fire shall be immediately extinguished.

(11)

Section 307.4.1 “Bonfires” is amended to read as follows:

307.4.1 Bonfires. Bonfires are prohibited within city limits.

(12)

Section 319 “Removal of debris or partially burned building after fire” is added to read as follows:

SECTION 319 REMOVAL OF DEBRIS OR PARTIALLY BURNED BUILDING AFTER FIRE

319.1 Useless material. The owner or person in control or possession of any hay, straw, bales of wool, cotton, paper or other substances which have been rendered useless or unmerchantable by reason of any fire shall remove said articles within forty-eight (48) hours after notice has been given by the fire code official.

319.2 Burned structures. Whenever any building or other structure in the city is partially burned, the owner or the person in control shall, within ten (10) days after notice from the fire code official or the building code official or their authorized representative, remove from the premises all refuse, debris, charred and partially burned lumber and material. If such building or other structure is burned to such an extent that it is rendered incapable of being repaired, the owner or the person in control shall, within ten (10) days after notice from the fire code official or the building code official, or their authorized representatives, remove from the premises all the remaining portions of the building or structure.

(13)

Section 503.6 “Security gates” is amended to read as follows:

Section 503.6 Security gates. The installation of security gates across a fire apparatus access road shall be subject to approval by the fire code official. The fire code official shall not unreasonably withhold approval of security gates when such gates will be built and installed in accordance with sound fire safety practices. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200. An Opticom receiver is required at all new installations of security gates across streets or fire lanes at apartments, subdivisions, and other locations as required by the fire code official.

(Ordinance 16-05 adopted 9/15/16; Ordinance 2022-08 adopted 4/21/22)