For the purposes of this chapter, and as used herein, the following
terms will have the meanings as given in this section:
An airborne pressure wave resulting from the detonation of
explosives.
A detonation of explosive materials or blasting agents.
Includes blasting and blasting related activities, including,
but not limited to, blasting explosives and preparing for blasts,
drilling holes for the loading of explosives, loading explosives,
setting up of blasting monitoring equipment, posting signs and flags
related to blasting, rerouting traffic, erecting barricades, and setting
up safety equipment prior to blasting.
Each blast requiring a separate fire marshal inspection.
Fire marshal inspections will be required as deemed necessary by the
fire marshal to protect the public's health, safety, or welfare
or for the protection of property.
The City of Lamesa, Texas, the City Council of Lamesa, Texas,
or their representative, employee, agent, or designee.
The city attorney appointed by the city council or the city
attorney's designee.
The governing body of the city.
A holiday observed by the city.
The city inspector for the City of Lamesa.
The city manager appointed by the city council or the city
manager's designee.
The code official for the City of Lamesa.
Calendar days.
A person who:
The use of a lot or tract of land primarily for extraction
of materials (including, but not limited to, limestone, rock, sand,
gravel, or soil, but not oil or natural gas).
The location of materials, rock removal, or extraction operations
as delineated by a site plan or a certificate of occupancy.
A fire alarm signal from a fire detection or fire alarm system
that is not caused by fire, heat, or smoke.
A road that provides fire apparatus access from a fire station
to a facility, building, or portion thereof. This is a general term
inclusive of all other terms such as fire lane, public street, private
street, parking lot lane, and access roadway that may be used for
access by a fire apparatus.
The fire chief of Lamesa Fire and Rescue appointed by the
city manager and approved by the city council or the fire chief's
designee.
A fire lane as defined by the International Code Council's
(ICC) 2015 International Fire Code. This term includes specifically
marked areas in public and private parking lots.
That portion of the City of Lamesa designated as the fire
limits of the city.
The fire marshal assigned by the fire chief or the fire marshal's
designee.
Will be defined by Texas Government Code section § 419.021.
Are those defined in 27 C.F.R. § 555.11.
A large fireworks device:
A small fireworks device as defined in the IFC 2012.
An automotive motor fuel-dispensing facility as defined in
the International Fire Code, 2012 edition.
A person who purchases fireworks only for resale to retailers.
The city's fire department and volunteer fire departments.
Those gases defined in section 202 of the International Fire
Code, 2012 edition.
A person who makes fireworks.
Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, state, governmental
entity, or any other entity or their legal representatives, agents,
or assigns.
Close or near enough to injure a person or persons when a
firework is ignited.
[sic]
The igniting of fireworks 1.3G for public or private amusement.
[sic]
An individual who, by experience, training, and examination,
has demonstrated the necessary skill and ability for safely assembling,
discharging, and supervising public displays of fireworks 1.3G or
fireworks 1.4G.
An individual who, by experience, training, and examination,
has demonstrated the necessary skill and ability for safely assembling,
discharging, and supervising proximate displays of fireworks 1.3G
or fireworks 1.4G.
A person who purchases fireworks for resale only to the general
public.
The Texas Commission on Environmental Quality.
The routing of fire hose from either a public or approved
on-site private fire hydrant to the fire apparatus along the length
of the public roadway and approved fire apparatus access roads.
(Ordinance O-4-23 adopted 4/18/2023)
(a)
Authority to determine location.
The fire chief
or fire marshal will determine the location of fire hydrants in conformity
with the provisions of this section.
(b)
Fire hydrants; location.
(1)
As residential zoned property is developed, fire hydrants must
be located at a maximum spacing of six hundred (600) feet as measured
along the length of the roadway, and no part of any structure may
be further than five hundred (500) feet from the fire hydrant as measured
by the route that a fire hose would be laid.
(2)
As nonresidential zoned property is developed, fire hydrants
must be located a maximum spacing of three hundred (300) feet as measured
along the length of the roadway, and no part of any structure may
be further than five hundred (500) feet from the fire hydrant as measured
by the route that a fire hose would be laid.
(3)
Spacing of hydrants along roadways designated by the city as
expressways and major arterials will be required on both sides of
the roadway with the maximum distance of six hundred (600) feet for
residential and one thousand two hundred (1,200) feet for nonresidential
zoned properties, on each side of the roadway. No part of any structure
may be further than five hundred (500) feet from the fire hydrant
as measured by the route that a fire hose would be laid.
(c)
Restrictions.
(1)
Permitted brands of fire hydrants are M&H, Clow, or Mueller
Dry Barrel. Any brand of fire hydrant other than the specified permitted
brands shall be approved by the fire marshal and utilities director
in writing. All required fire hydrants must be of the national standard
three-way breakaway type no less than five and a one- fourth (5-1/4)
inches in size, must conform to the provisions of the latest American
Water Works Association Specifications C-502, and placed upon city-approved
water mains of no less than six (6) inches in size.
(2)
Valves must be placed on all fire hydrant leads.
(3)
Required fire hydrants must be installed in such a manner that
the breakaway point is more than three (3) inches and no greater than
five (5) inches above the ground surface.
(4)
A spacing of no less than eighteen (18) inches must be provided
between the center of the barrel of the large steamer connection and
the finished grade surface.
(5)
No fire hydrant located on a six-inch dead-end water main may
be located more than one thousand eight hundred (1,800) feet from
a six-inch or greater main.
(6)
No six-inch looped water main may exceed three thousand five
hundred (3,500) feet in length.
(7)
Fire hydrants must be installed on a water main that is separate
from the domestic water supply, unless it is determined by the fire
marshal that the required maximum one-hour demand plus the needed
minimum fire flow of a thousand (1,000) gallons per minute will be
met by an alternative installation.
(8)
Fire hydrants located on public property must be located a minimum
of two (2) feet and a maximum of four (4) feet behind the curbline.
(9)
All fire hydrants placed on private property must be adequately
protected by either curb stops or concrete posts or by other methods
as approved by the fire marshal. Such stops or posts must be maintained
by the property owner.
(10)
All fire hydrants must be installed so that the steamer connection
faces the fire lane or street.
(11)
Where feasible, fire hydrants placed at intersections or access
drives to parking lots must be placed so that no part of a fire truck
connected to the hydrant will block the intersection or parking lot
access.
(12)
Post, fences, vehicles, vegetation, trash, storage, and other
materials or objects may not be placed, maintained, or kept near fire
hydrants, fire department inlet connections, or fire protection system
control valves in a manner that would prevent such equipment or fire
hydrant from being immediately discernible or accessible. A three-foot
clear space must be maintained around the circumference of fire hydrants.
The fire department may not be deterred or hindered from gaining immediate
access to fire protection equipment or fire hydrants.
(13)
All fire hydrants must be powder-coated silver in color.
(d)
Maintenance.
(1)
All fire hydrants within the city must be inspected, flushed,
and maintenanced [maintained] at least once annually.
(A)
Annual inspections, flushing, and maintenance of public fire
hydrants will be the responsibility of the city's fire and rescue.
(B)
Annual inspections, flushing, and maintenance of private fire
hydrants will be responsibility of the property owner of the property
on which the private fire hydrant is located.
(2)
The property owner of the property where a private fire hydrant
is located is responsible for the maintenance and repairs required
to keep the private fire hydrant in proper working order and properly
painted.
(3)
The fire chief and fire marshal may inspect any private fire
hydrant and review any maintenance records of a private fire hydrant
to ensure that the requirements of this section are being met.
(4)
If the fire chief or fire marshal determines that a private
fire hydrant is not in proper working order or needs to be painted,
flushed, or inspected, they may order the property owner to perform
the work necessary to bring the private fire hydrant back into compliance
with this section or cause this work to be performed by the city's
fire and rescue. If this work is completed by the city's fire and
rescue, the city may charge the property owner for this work.
(6)
Use; opening and closing: No person may open or close any public
fire hydrant within the city unless authorized to do so by the fire
chief, fire marshal, or the director of utilities or their designee.
A person authorized to open or close a fire hydrant must do so as
prescribed by the city.
(Ordinance O-4-23 adopted 4/18/2023)
(a)
Business registration shall be administered by the building
official, the city's fire and rescue and the city water department
to assure that all businesses within the city are registered for 911
services, inspected and comply with all city codes.
(b)
All businesses must obtain a certificate of occupancy as a precondition
of initiating or continuing any business within the city. For the
purpose of this section, the term "business" includes any commercial
enterprise, school, church, or governmental office located within
the city limits. Each occupant of a building used by a business is
responsible. for complying with the registration requirements of this
section.
(c)
Registration procedure:
(1)
When a business owner applies for utility service to a business
premises, an appropriate application form shall be completed, returned
and approved, and a certificate of occupancy must be issued by the
city prior to the business establishing utilities or opening for business.
(2)
A certificate of occupancy issued by the city is required prior
to the changing of the name, ownership, operator, location, or use
of an existing business.
(Ordinance O-4-23 adopted 4/18/2023)
(a)
The fire chief or fire marshal, upon complaint of any person
having an interest in any building or property adjacent to such building
and without any complaint, shall have a right at all reasonable hours,
for the purpose of examination, to enter into and upon all public
buildings and premises within the city. It shall be his duty, annually
or more often, to enter upon and make or cause to be entered and made,
a thorough examination or inspection of each mercantile, retail or
manufacturing business and each public building, together with the
premises appurtenant thereto.
(b)
Whenever the building official, fire chief or fire marshal shall
find any building or other structure which, for want of repair, or
by reason of age or dilapidated condition, or for any cause, is especially
susceptible to fire, and which is so situated as to endanger other
buildings or property, or so occupied that fire would endanger persons
or property therein, and whenever he shall find an improper or dangerous
arrangement of stoves, ranges, furnaces or other heating appliances
of any kind whatsoever, including chimneys, flues and pipes with which
the same may be connected, or a dangerous arrangement of lighting
devices or systems, or a dangerous or unlawful storage of explosives,
compounds, petroleum, gasoline, kerosene, dangerous chemicals, vegetable
products, ashes, combustible, inflammable and refuse materials, or
other conditions, including electrical, which may be dangerous in
character or liable to cause or promote fire or create conditions
dangerous to firefighters or occupants, he shall order the same to
be removed or remedied, and such order shall be forthwith complied
with by the owner or occupant of such building or premises. If such
owner or occupant deems himself aggrieved by such order, such owner
or occupant may, within five days from the issuance of such order,
appeal to the building board of the city which shall hear and consider
the order and complaint, and unless the building board overturns the
order, such order shall remain in force and effect and shall be complied
with by such owner or occupant.
(1)
Utilities.
The building official, fire chief or
fire marshal or fire chief designee of the fire department shall have
the authority, in time of emergency, or during any warranted police
action for the suspicion of criminal activities, to order the disconnection
of gas or electrical utilities to a building, structure or residence
when deemed necessary for the public safety, without liability therefor.
(2)
Evacuation.
The fire chief, fire marshal or fire
chief designee of the fire department shall have the authority, in
time of emergency, to order the evacuation of a building, structure
or residence when deemed necessary for the safety of occupants thereof,
and it shall be unlawful for any person to obstruct the evacuation
of other persons.
(3)
Disaster authority.
The emergency management coordinator,
when acting under the direction of emergency management director,
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.
(4)
Permit required.
All permits required by the fire
code shall be issued by the building official's office upon the
approval of the fire marshal or his designated representative. All
permits shall be issued in compliance with the fire code.
(5)
Occupancy permit.
The occupancy permit as required
by the fire code shall be the certificate of occupancy issued by the
building official and countersigned by the fire chief or fire marshal,
in compliance with the provisions of the fire code and other related
construction and health codes. The certificate of occupancy shall
be posted in a conspicuous location in all retail, commercial, manufacturing,
and business occupancies.
(6)
Other permits.
Specific permits or special permits
which are unrelated to construction or health codes may be issued
by the building official, fire chief or fire marshal when dealing
with items specifically pertaining to fire prevention.
(7)
Presumption.
(A)
The owner, occupant or person in control of any building or
premises where any violation of the fire code or other ordinance of
the city relating to fire safety is found shall be the person presumed
responsible for such violation, unless determined otherwise by the
building official, fire chief or fire marshal.
(B)
Any person who:
(i)
Violates or fails to comply with any of the provisions
of the fire code or standards adopted hereunder;
(ii)
Fails to comply within the time fixed herein with
any order made by the fire marshal or his authorized representative
under any of the provisions of the fire code or the standards adopted
hereunder, from which no appeal has been taken, or which has been
affirmed or modified by a court of competent jurisdiction;
(iii)
Builds in violation of any detailed statement,
specifications or plans submitted and approved under the provisions
of the fire code or the standards adopted hereunder, from which no
appeal has been taken;
(iv)
Builds in violation of any certificate or permit
issued under the provisions of the fire code or the standards adopted
hereunder, from which no appeal has been taken;
(v)
Permits any fire hazard to exist in or upon any
occupancy, premises or vehicle under their control, operation, maintenance
or possession;
(vi)
Fails to comply with orders, notices, signs, and/or
tags; or
(vii)
Tampers with signs or tags posted by the fire
marshal, his authorized representative or any other city code enforcement
official;
shall be guilty of a misdemeanor punishable by a fine not to
exceed $500.00 for each violation and act of noncompliance. The imposition
of one (1) penalty for any violation shall not excuse the violation
or permit it to continue, and all such persons shall be required to
correct or remedy such violations of defects within a reasonable time
specified by the fire marshal or his authorized representative. When
not otherwise specified, each day that the prohibited condition is
maintained shall constitute a separate offense.
(8)
Compliance.
No person shall remain in or enter
any premises, building or vehicle which has been posted as being in
violation of the fire code. A permit shall be issued prior to entering
the premises, building or vehicle to begin repair, demolishment or
removal of the fire hazard or unsafe condition. Any such entry, or
the destruction, defacing or removal of any notice, prior to approval
by the fire marshal or building code official or authorized representative
shall be a violation of the fire code.
(9)
Abatement.
All buildings or structures which are
structurally unsafe or not provided with adequate egress, or which
constitute a fire hazard or are otherwise dangerous 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, owner/occupant neglect, disaster damage
or abandonment as specified in the fire code or any other effective
statute or ordinance, are, for the purpose of this section, unsafe
buildings/houses. All such unsafe buildings/houses are hereby declared
to be a public nuisance and shall be abated by repair, rehabilitation,
demolition or removal in accordance with the procedures specified
in the minimum building maintenance codes of the city.
(10)
Failure to comply.
Any person who, after having
been served with a stop-work order, shall continue any work, except
such work as that person is directed to perform by the appropriate
city official to remove a violation or unsafe condition, shall, upon
conviction, be fined up to $500.00. Each day the work continues shall
constitute a separate offense.
(11)
Authorized representative. Authorized
representative shall include, but is not limited to, the fire inspector,
deputy fire marshal, code enforcement officer, housing inspector,
health inspector, building code official or a police officer or animal
control officer when deemed necessary by the fire marshal.
(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 or agents
and representatives of the 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 chapter) shall be liable for any damage
sustained to persons or property as the result of said activity.
(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 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 an employee, agent, or officer
thereof; or other unit of government or subdivision thereof or its
employees, agents, officers shall be liable for failure to use ordinary
care in such emergency. It is the intent of the city council, by passing
this chapter, 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 nonintentional 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.
(Ordinance O-4-23 adopted 4/18/2023)
It is unlawful for any person, unless authorized by the fire
chief, to take or use or break, deface, damage, or destroy any engine,
truck, ladder, fire axe, or other fire apparatus belonging to or in
possession of the city's fire and rescue or any fire department that
is providing aid to the city.
(Ordinance O-4-23 adopted 4/18/2023)
It is unlawful for any person, unless as authorized by the fire
chief, to break, cut, deface, tear, damage, or destroy or drive any
vehicle or machinery over any fire hose belonging to or in possession
of the city's fire and rescue or any fire department that is providing
aid to the city.
(Ordinance O-4-23 adopted 4/18/2023)
It is unlawful for any person to fail to comply with any order
of the building official, fire chief or fire marshal made, or interfere
with the action of any fire official taken, during the course of performance
of their official duties.
(Ordinance O-4-23 adopted 4/18/2023)
The building official has the authority to determine and specify,
after giving the public an opportunity to be heard, any new materials,
processes, activities, or occupancies. The fire chief and fire marshal
shall each have the authority to issue permits for the city's fire
and rescue for all fire systems in these occupancies. All postings
for building permits and fire permits will be made through the building
official and city secretary.
(Ordinance O-4-23 adopted 4/18/2023)
(b)
The fire marshal may issue a citation to the person in charge of a building or property for each false alarm after three (3) false alarms in a one-year period due to the person's failure to comply with subsection (a), above.
(c)
Failure to comply with subsection (a) is a class C misdemeanor and is punishable by a fine of up to $500.00 for each violation. Each occurrence of a violation per day is a separate offense.
(d)
Proof of a culpable mental state is not required for a conviction
of an offense under this section.
(Ordinance O-4-23 adopted 4/18/2023)
(a)
It is an offense for a person to intentionally, knowingly, or
recklessly cause a false alarm.
(Ordinance O-4-23 adopted 4/18/2023)
(a)
It is an offense for a person to burn or perform any hazardous
activity or operation without a permit required under this chapter
which violation results in an emergency response.
(b)
A violation of subsection(a) is a class C misdemeanor and is
punishable by a fine of up to $500.00 for each violation. Each occurrence
of a violation is a separate offense.
(c)
Proof of a culpable mental state is not required for a conviction
of an offense under this section.
(Ordinance O-4-23 adopted 4/18/2023)
The city council shall, by ordinance, set the amount of all fees, including permit fees, imposed under this chapter. The fees set forth in the appendix 1[1] to this chapter are hereby adopted.
(Ordinance O-4-23 adopted 4/18/2023)
[1]
Editor's note–Appendix 1, fire department fees are included as an attachment to this chapter.
(a)
Useless material.
The owner or person in control
or possession of any debris, material, 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 ten (10) days after notice has been given by the building official,
fire chief or fire marshal.
(b)
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
marshal or 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 person in control shall, within ten (10) days after notice
from the building official, fire chief or fire marshal or their authorized
representatives, remove from the premises all the remaining portions
of the building or structure. The owner may apply for and be issued
a 30-day extension with up to two (2) 30-day extensions for property
evaluation by insurance and other professional agencies. Activity
has to be documented for additional time extensions.
(Ordinance O-4-23 adopted 4/18/2023)
A person, firm or corporation responsible for an unauthorized
discharge shall institute and complete all actions necessary to remedy
the effects of such unauthorized discharge, whether sudden or gradual,
at no cost to the city. When deemed necessary by the building official, fire
marshal or fire chief, cleanup may be initiated by the fire department
or by an authorized individual firm. Costs associated with such cleanup
and disposal shall be borne by the owner, operator or other person
responsible for the unauthorized discharge. The provisions of this
section shall be applicable to, and enforced within, the city limits
and the extraterritorial jurisdiction of the city.
(Ordinance O-4-23 adopted 4/18/2023)
The fire chief, any licensed peace officer, building official,
city code enforcement officer, and any person designated by the city
manager, shall have the authority to enforce this chapter.
(Ordinance O-4-23 adopted 4/18/2023)
(a)
Criminal prosecution.
Unless otherwise provided
by this chapter, a person who violates any provision of this chapter
or fails to comply with any of the requirements thereof commits a
class C misdemeanor and upon conviction will be fined an amount not
exceeding $500.00, unless proof of a culpable mental state is required,
in which case the fine upon conviction may not exceed $2,000.00. Each
occurrence of a violation is a separate offense.
(c)
Remedies not exclusive. The remedies
provided for in this section are not exclusive. The city may take
any, all, or any combination of these remedies against a person who
violates this chapter.
(Ordinance O-4-23 adopted 4/18/2023)
If any section, subsection, sentence, clause, or phrase of this
chapter is for any reason held to be unconstitutional or unlawful,
such holding will not affect the validity of the remaining portions
of this chapter.
(Ordinance O-4-23 adopted 4/18/2023)
To the extent the provisions of this chapter conflict with any
federal or state law, rule, or regulation, the applicable federal
or state law, rule or regulation will prevail.
(Ordinance O-4-23 adopted 4/18/2023)
