(a) 
The provisions of this code shall supplement any and all laws relating to fire safety and shall apply to all persons without restriction, unless specifically exempted.
(b) 
The provisions of this code shall apply to existing conditions as well as to conditions arising after the adoption thereof, except that conditions legally in existence at the adoption of this code and not in strict compliance therewith shall be permitted to continue only if, in the opinion of the town council, they do not constitute a distinct hazard to life or property.
(c) 
Where there is a conflict between a general requirement and a specific requirement for an individual occupancy, the specific requirement shall apply.
(Ordinance 101, sec. I, adopted 5/7/90; Ordinance 115-94, sec. I, adopted 6/6/94)
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future and the past. Words in the plural number include the singular number, and words in the singular number include the plural number. The masculine gender includes the feminine and neuter. The word “shall” is always mandatory and not merely directory.
Noncombustible.
As applied to building construction material, means a material which, in the form in which it is used, is either one of the following:
(1) 
Material of which no part will ignite and burn when subjected to fire. Any material conforming to UBC Standard No. 4-1 shall be considered noncombustible within the meaning of this section.
(2) 
Material having a structural base of noncombustible material as defined in subsection (1) above, with a surfacing material not over 1/8 inch thick which has a flame-spread rating of 50 or less.
Occupancy.
The purpose for which a building or part thereof is used or intended to be used.
Public entity.
The Town of Shady Shores, Texas.
Rubbish.
Useless waste or rejected matter; trash. Rubbish includes waste material from the construction or demolition of buildings.
(Ordinance 101, sec. II, adopted 5/7/90; Ordinance 115-94, sec. II, adopted 6/6/94)
Any person operating or maintaining any occupancy or premises who shall permit any fire hazard to exist on premises under his control or who shall fail to take immediate action to abate a fire hazard when ordered or notified to do so by the enforcement officer or violates any provision of this article shall be deemed guilty of a misdemeanor, and shall upon conviction thereof be subject to a fine in accordance with the general penalty in section 1.01.009 of this code for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense.
(Ordinance 101, sec. XV, adopted 5/7/90; Ordinance 115-94, sec. XVI, adopted 6/6/94; Ordinance adopting Code)
Whenever the enforcement officer shall find in any building, or on any premises, combustible, hazardous or explosive materials or dangerous accumulations of rubbish, wastepaper, boxes or any highly flammable materials which are so situated as to endanger life or property or shall find that this code is being violated in any way, he shall issue such orders as may be necessary for the enforcement of the fire prevention laws and ordinances governing the same and for the safeguarding of life and property from fire.
(Ordinance 101, sec. XIV, adopted 5/7/90; Ordinance 115-94, sec. XV, adopted 6/6/94)
The governing body of the town may appoint an enforcement officer, who shall have the qualifications of a peace officer, or be a fire marshal. This enforcement officer shall have the powers of a fire marshal as provided by state law in performing the duties of enforcing the rules and regulations for the prevention and control of fires and fire hazards under this code.
(Ordinance 101, sec. III, adopted 5/7/90; Ordinance 115-94, sec. III, adopted 6/6/94; Ordinance 305-09-2017 adopted 9/11/17)
(a) 
Subject to the qualifications and requirements of the “dangerous structures” provisions of this code, and the procedure and requirements of state and federal law, the following shall apply to dangerous structures:
(1) 
All buildings or structures which are structurally unsafe or which constitute a hazard to safety or to human life, or which in relation to existing use constitute a hazard to safety or health or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, fire damage, disaster damage or abandonment as specified in this code or any other effective ordinance, are, for the purpose of this section, unsafe buildings. All such unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal.
(2) 
Whenever the enforcement officer deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally approved standard in or upon any building, structure or premises not specifically mentioned in this code, to be defective or unsafe so as to create an immediate hazard, he shall serve upon the owner or the person having control of the property a written notice to repair or alter as necessary. A tag may be applied to the property notifying the owner of the unsafe or hazardous condition.
(3) 
When affixed, such tag may be removed only by the order of the enforcement officer, and may be removed only when the hazard to which the order pertains has been eliminated in an approved manner. Until removed, that item or device which has caused the hazard shall not be used or be permitted to be used.
(4) 
When an apparent structural hazard is caused by the faulty installation, operation or malfunction of any of the hereinabove mentioned items or devices, the enforcement officer shall notify the building inspector, who shall investigate such hazard and shall cause such hazard to be abated as required under the building code.
(5) 
The enforcement officer may order the operation or use of any premises, building or vehicle, or portion thereof, which has been or is a fire hazard to be discontinued or evacuated.
(6) 
Any order or notice authorized or required by this code shall be given or served upon the owner, occupant or other person responsible for the condition or violation, or by mailing a copy thereof to such person by registered or certified mail to his last known address.
(7) 
Any order or notice issued or served as provided in this code shall be complied with by the owner, occupant or other person responsible for the condition or violation to which the order or notice pertains within the specified time limit of the notice. In cases of extreme danger to persons or property, immediate compliance shall be required.
(b) 
The provisions of this section are subordinate to the regulations and powers of a fire marshal provided by state laws.
(c) 
Definitions.
Abate.
To eliminate or remedy:
(1) 
By removal, repair, rehabilitation, or demolition;
(2) 
In the case of a nuisance under Texas Administrative Code section 343.011(c)(1), (9), or (10), by prohibition or control of access; and
(3) 
In the case of a nuisance under Texas Health and Safety Code section 343.011(c)(12), by removal, remediation, storage, transportation, disposal, or other means of waste management authorized by Texas Health and Safety Code chapter 361.
Building.
A structure built for the support, shelter, or enclosure of a person, animal, chattel, machine, equipment, or other moveable property.
Extinguished.
The absence of any visible flames, glowing coals, or smoke.
Garbage.
Decayable waste from a public or private establishment or restaurant. The term includes vegetable, animal, and fish offal and animal and fish carcasses, but does not include sewage, body waste, or an industrial byproduct.
Land clearing operation.
The uprooting, cutting, or clearing of vegetation in connection with conversion for the construction of buildings, rights-of-way, residential, commercial, or industrial development, or the clearing of vegetation to enhance property value, access, or production. It does not include the maintenance burning of on-site property wastes such as fallen limbs, branches, or leaves, or other wastes from routine property clean-up activities, nor does it include prescribed burning or burning following clearing for ecological restoration.
Neighborhood.
(1) 
A platted subdivision; or
(2) 
Property contiguous to and within 300 feet of a platted subdivision.
Platted subdivision.
A subdivision that has its approved or unapproved plat recorded with the county clerk of the county in which the subdivision is located.
Premises.
All privately owned property, including vacant land or a building designed or used for residential, commercial, business, industrial, or religious purposes. The term includes a yard, ground, walk, driveway, fence, porch, steps, or other structure appurtenant to the property.
Public street.
The entire width between property lines of a road, street, way, thoroughfare, or bridge if any part of the road, street, way, thoroughfare, or bridge is open to the public for vehicular or pedestrian traffic.
Receptacle.
A container that is composed of durable material and designed to prevent the discharge of its contents and to make its contents inaccessible to animals, vermin, or other pests.
Refuse.
Garbage, rubbish, paper, and other decayable and nondecayable waste, including vegetable matter and animal and fish carcasses.
Rubbish.
Nondecayable waste from a public or private establishment or residence.
Structure containing sensitive receptor(s).
A manmade structure utilized for human residence or business, the containment of livestock, or the housing of sensitive live vegetation. The term “manmade structure” does not include such things as range fences, roads, bridges, hunting blinds, or facilities used solely for the storage of hay or other livestock feeds. The term “sensitive live vegetation” is defined as vegetation that has potential to be damaged by smoke and heat, examples of which include, but are not limited to, nursery production, mushroom cultivation, pharmaceutical plant production, or laboratory experiments involving plants.
Sunrise/sunset.
Official sunrise/sunset as set forth in the United States Naval Observatory tables available from National Weather Service offices.
(Ordinance 101, sec. VI, adopted 5/7/90; Ordinance 115-94, sec. VI, adopted 6/6/94; Ordinance 305-09-2017 adopted 9/11/17)
(a) 
No person may cause, suffer, allow, or permit any outdoor burning within the town, except as provided by this article.
(b) 
Outdoor burning shall be authorized for:
(1) 
Fires used solely for recreational or ceremonial purposes, or in the noncommercial preparation of food, or used exclusively for the purpose of supplying warmth during cold weather. Such burning shall be subject to the requirements of subsection (d)(7) of this section (relating to general requirements for allowable outdoor burning).
(2) 
On-site burning of trees, brush, grass, leaves, branch trimmings, or other plant growth, by the owner of the property or any other person authorized by the owner, and when the material is generated only from that property in a county that is part of a designated nonattainment area or that contains any part of a municipality that extends into a designated nonattainment area; if the plant growth was generated as a result of right-of-way maintenance, land clearing operations, and maintenance along water canals when no practical alternative to burning exists. Such burning is subject to the requirements of subsection (d), regulations (relating to general requirements for allowable outdoor burning).
(3) 
Crop residue burning for agricultural management purposes when no practical alternative exists. Such burning shall be subject to the requirements of subsection (d) regulations of this section and structures containing sensitive receptors must not be negatively affected by the burn.
(4) 
Brush, trees, and other plant growth causing a detrimental public health and safety condition burned by a county or municipal government at a site it owns upon receiving site and burn approval from the executive director. Such a burn can only be authorized when there is no practical alternative, and it may be done no more frequently than once every two months. Such burns shall be subject to the requirements of subsection (d)(5) of this section.
(c) 
Permit required.
A permit must be obtained, from the town staff, on the city website or other location designated by the town, to kindle or maintain any controlled burn, open fire, or bonfire. The permit must contain such information as, but not limited to:
(1) 
The designated location date and time of the proposed fire, and a confirmation by the applicant that only plant material such as tree limbs and leaves which were grown on the property will be burned. No other material may be burned, including and not limited to trash, rubbish, building material, building structures, tires and/or petroleum and paint products.
(2) 
The person or persons applying for and who will be responsible for the use of the permit.
(3) 
No open burning may take place without a burn permit issued by the town. The applicant must apply to the town and receive a burn permit by providing the required information, and must have received the required permit. Town burn permits, regardless of the day issued, expire on the last day of the month issued.
(d) 
Regulations.
No person shall kindle or maintain any controlled burn, open fire, or bonfire, or authorize any such fire to be kindled or maintained, on any private or public land, unless:
(1) 
Location.
(A) 
Burning must be conducted downwind of or at least 300 feet (90 meters) from any structure containing sensitive receptors located on adjacent properties unless prior written approval is obtained from the adjacent occupant with possessory control.
(B) 
Exceptions:
(i) 
Fires in approved containers that are not less than 15 feet (4572 mm) from a structure.
(ii) 
The minimum required distance from a structure shall be 25 feet (7620 mm) where the pile size is 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height.
(2) 
Bonfires.
A bonfire shall not be conducted within 50 feet (15 240 mm) of a structure or combustible material unless the fire is contained in a barbecue pit. Conditions which could cause a fire to spread within 50 feet (15 240 mm) of a structure shall be eliminated prior to ignition.
(3) 
Recreational fires.
Recreational fires shall not be conducted within 25 feet (7620 mm) of a structure or combustible material. Conditions which could cause a fire to spread within 25 feet (7620 mm) of a structure shall be eliminated prior to ignition.
(4) 
Portable outdoor fireplaces.
(A) 
Portable outdoor fireplaces shall be used in accordance with the manufacturer’s instructions and shall not be operated within 15 feet (3048 mm) of a structure or combustible material.
(B) 
Exception: Portable outdoor fireplaces used at one-family dwellings.
(5) 
Waste burner for plant material.
(A) 
The fire is contained in an approved waste burner for plant material that is located safely not less than twenty-five (25) feet from any structure, property line, rubbish, dry grass, weeds, vegetation or any other combustible material.
(B) 
Waste burners shall be constructed of brick, concrete hollow tile or other fire-resistive material, other than metal, with a completely enclosed combustion chamber, and shall be equipped with a permanently attached spark arrester, constructed of iron, heavy wire mesh or other noncombustible material, with openings not larger than one-half (1/2) inch. Further, the stack of any such waste burner shall be constructed in accordance with the Uniform Mechanical Code and shall terminate not less than twenty-five (25) feet from any combustible roof, overhang or eave construction. A metal burn barrel may be used for burning plant material in small amounts, not to exceed more than one half of the barrel capacity at any time. A burn barrel may be not larger than 60 gallons, and not more than two burn barrels may be used at the same time.
(6) 
Open flame cooking devices.
(A) 
Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet (3048 mm) of combustible construction.
Exceptions:
(i) 
One-family dwellings.
(ii) 
Where buildings, balconies and decks are protected by an automatic sprinkler system.
(iii) 
LP-gas cooking devices having LP-gas container with a water capacity not greater than 2-1/2 pounds [nominal 1 pound (0.454 kg) LP-gas capacity].
(B) 
Every waste burner, barrel, outdoor fireplace, fire pit barbecue pit, or smoker, and the equipment thereof, shall be maintained in good condition and repair at all times.
(7) 
All controlled burns, open fires, or bonfires shall be constantly attended by a competent person until such fire is extinguished. This person shall have a garden hose connected to the water supply, or other fire-extinguishing equipment readily available for use.
(8) 
The enforcement officer may prohibit any or all controlled burns, open fires, or bonfires when atmospheric conditions or local circumstances make such fires hazardous.
(9) 
No open burning may take place on any days which do not meet the following requirements:
(A) 
All days, which the county emergency services controlled burn log is consulted by the permit holder, and confirms that it is a burn day; and
(B) 
The permit holder has registered with the county emergency services controlled burn log.
(C) 
Burning shall be commenced and conducted only when wind direction and other meteorological conditions are such that smoke and other pollutants will not cause adverse effects to any public road, landing strip, navigable water, or off-site structure containing sensitive receptor(s).
(D) 
If at any time the burning causes or may tend to cause smoke to blow onto or across a road or highway, it is the responsibility of the person initiating the burn to post flag-persons on affected roads.
(E) 
Burning must be conducted downwind of or at least 300 feet (90 meters) from any structure containing sensitive receptors located on adjacent properties unless prior written approval is obtained from the adjacent occupant with possessory control.
(F) 
Burning shall be conducted in compliance with the following meteorological and timing considerations:
(i) 
The initiation of burning shall commence no earlier than one hour after sunrise. Burning shall be completed on the same day not later than one hour before sunset, and shall be attended by a responsible party at all times during the active burn phase when the fire is progressing. In cases where residual fires and/or smoldering objects continue to emit smoke after this time, such areas shall be extinguished if the smoke from these areas has the potential to create a nuisance or traffic hazard condition. In no case shall the extent of the burn area be allowed to increase after this time.
(ii) 
Burning shall not be commenced when surface wind speed is predicted to be less than six miles per hour (mph) (five knots) or greater than 23 mph (20 knots) during the burn period.
(iii) 
Burning shall not be conducted during periods of actual or predicted persistent low-level atmospheric temperature inversions.
(10) 
No person shall kindle a fire upon the land of another without permission of the owner thereof or his authorized agent.
(Ordinance 101, sec. VII, adopted 5/7/90; Ordinance 115-94, sec. VII, adopted 6/6/94; Ordinance 101 adopted 8/5/96; Ordinance 274-01-2015 adopted 1/12/15; Ordinance 305-09-2017 adopted 9/11/17)
The 2015 International Fire Code (IFC) is adopted as the fire code of the town. The building inspector, code enforcement officer, and fire marshal are authorized to require compliance and enforce the IFC. Any provisions of this article in conflict with the IFC shall supersede the conflicting provision in the IFC.
(Ordinance 305-09-2017 adopted 9/11/17)
Waste matter shall not be burned, under permit or otherwise, which shall, in burning, cause or create a dense smoke or odor.
(Ordinance 101, sec. IX, adopted 5/7/90; Ordinance 115-94, sec. IX, adopted 6/6/94)
(a) 
Accumulations of wastepaper, litter, combustible or flammable waste material, waste petroleum products or rubbish of any kind shall not be permitted to remain upon any premises.
(b) 
All weeds or grass in excess of twelve (12) inches shall be cut down and removed by the owner or occupant of the premises. When total removal of growth from a piece of property is impractical due to size or to environmental factors, approved fire breaks may be established between the land and neighboring properties. The width of the fire break shall be determined by the town council, who shall take into consideration such things as geographical conditions and the affected neighboring property.
(Ordinance 101, sec. X, adopted 5/7/90; Ordinance 115-94, sec. X, adopted 6/6/94)
It shall be unlawful for any person, association of persons, firm, or corporation to store or keep any dynamite, gunpowder in bulk, high explosive shells, bombs, grenades, gun cotton, nitroglycerin or any other kind of explosive, including fireworks, within the corporate limits of the town.
(Ordinance 101, sec. XI, adopted 5/7/90; Ordinance 115-94, sec. XI, adopted 6/6/94)
(a) 
No person shall remove, tamper with or otherwise disturb any fire hydrant or fire appliance required or maintained under the provisions of this code except for the purpose of extinguishing fires, training purposes, recharging, or making necessary repairs, or when permitted by the fire department. Whenever a fire appliance is removed as herein permitted, it shall be replaced or reinstalled as soon as the purpose for which it was removed has been accomplished.
(b) 
No person shall use or operate any hydrant or other valves installed for the purpose of fire suppression unless such person first secures a permit for the use from the fire chief. This section does not apply to the use of a hydrant or other valves by a person employed by and authorized to make such use by the water company which supplies water to such hydrants or other valves.
(c) 
No person shall place or keep any post, fence, vehicle, growth, trash, storage or other material or thing near any fire hydrant, fire department connection or fire protection system control valve that would prevent such equipment or hydrant from being immediately discernible or in any other manner deter or hinder the fire department from gaining immediate access to said equipment or hydrant.
(d) 
The fire department shall have the right-of-way in all cases.
(Ordinance 101, sec. XII, adopted 5/7/90; Ordinance 115-94, sec. XIII, adopted 6/6/94)
(a) 
Fire apparatus access roads shall be required for every building, used for habitation, hereafter constructed or moved into the town when any portion of an exterior wall of said structure is located more than one hundred fifty (150) feet from a public right-of-way.
(b) 
Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities.
(c) 
The grade for a fire apparatus access road shall not exceed the maximum approved by the fire chief.
(d) 
The minimum unobstructed width of a fire apparatus access road shall be not less than twenty (20) feet, and shall have an unobstructed vertical clearance of not less than fourteen (14) feet.
(e) 
All dead-end fire apparatus access roads in excess of one hundred fifty (150) feet shall be provided with provisions for the turning around of fire apparatus as approved by the fire chief.
(f) 
The required width of any fire apparatus access road shall not be obstructed in any manner, including the parking of vehicles.
(Ordinance 101, sec. XIII, adopted 5/7/90; Ordinance 115-94, sec. XIV, adopted 6/6/94)