The International Fire Code, 2018 edition, including appendices C, D and I, as published by the International Code Council, Inc., is adopted by reference as though copied fully herein as the fire code of the city. Any reference to the city "building code" shall include the "fire code."
(Ordinance 107, § 1, adopted 1/14/1980; Ordinance 01-356-8, § 1, adopted 3/15/2001; Ordinance 20-672-14 adopted 4/2/2020)
The following revisions are made to the fire code adopted by the city:
(a) 
Section 103. Department of Fire Prevention, is deleted in its entirety.
(b) 
Section 109. Board of Appeals, is deleted in its entirety.
(c) 
Section 307. Including all subsections, is amended to read as follows:
SECTION 307
OPEN BURNING PROHIBITED, EXCEPTIONS AND REQUIREMENTS
307.1 Outdoor or Open Fires Prohibited. Outdoor burning shall not be allowed within the corporate limits of the City of Brookshire except as specifically authorized in this Section 307 and consistent with Subchapter B of Chapter 111, Title 30 of the Texas Administrative Code (the "Outdoor Burning Rule") and the Texas Clean Air Act.
307.2 Permit Required. A permit shall be obtained from the fire code official prior to kindling an outdoor fire. An application for such approval shall only be presented by and permit issued to the owner of the land upon which the fire is to be kindled. A new permit is required each time a fire is kindled. Outdoor burning is only authorized, after receipt of a permit from the fire code official, for the following activities:
(1) Land clearing, which shall mean 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 burning following clearing for ecological restoration.
(2) Disposal of domestic waste, if or when the City of Brookshire does not provide for trash collection for the domestic waste, which includes only garbage and rubbish normally resulting from the functions of life within a residence, such as kitchen garbage, branch trimmings under twenty pounds and less than three feet in length, grass, and leaves. Domestic waste does not include furniture, carpet, appliances, insulation, electrical wire, tires, chemical waste, or construction materials.
(3) Cooking fires, which shall include only fires burning wood or charcoal and used for the non-commercial preparation of food.
307.2.1 Exception for portable outdoor fire places in one- and two-family dwellings. Outdoor burning is authorized and a permit shall not be required for portable outdoor fireplaces operated in accordance with the manufacturer's directions at one- and two-family dwellings.
307.2.2 Conditions of outdoor burning permit. When a permit has been issued by the fire code official, outdoor fires shall be attended by the person that receives the permit at all times until the fire is extinguished. At least one portable fire extinguisher or other on-site means of extinguishment, such as dirt, sand, water barrel, or garden hose, approved by the fire code official shall be available during outdoor burning. Outdoor burning shall not be conducted within 50 feet of a building or structure unless otherwise approved by the fire code official; however, open burning shall never be conducted within 15 of any structure.
307.2.3 Conflict with Outdoor Burning Rule or Texas Clean Air Act. That any conflict between this Section and the Outdoor Burning Rule or the Texas Clean Air Act shall be resolved in favor of the Outdoor Burning Rule and the Texas Clean Air Act.
307.3 Extinguishment authority. When open burning is conducted in violation of any requirement of this section, without a permit, or in a manner that creates or adds to a hazardous situation, the fire code official is authorized to order the extinguishment of the open burning immediately, in addition to any other action authorized for a violation of city ordinance.
(d) 
Section 903.2.8. Is amended to read as follows: An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area, including multi-family structures, townhouses, tri-plex and quadplex (fourplex) apartments, when they contain three or more dwelling units. This section shall not apply to detached one- and two-family dwelling units or units separated by a fire wall when the design of the units and fire wall is approved by the building official in writing in response to submittal of complete construction plans.
(e) 
Section 5704.2.9.6.1. Insert: in accordance with City Code, Texas Railroad Commission, or Texas Commission on Environmental Quality Rules where applicable.
(f) 
Section 5706.2.4.4. Insert: in accordance with City Code, Texas Railroad Commission, or Texas Commission on Environmental Quality Rules where applicable.
(g) 
Section 5806.2. Insert: in accordance with City Code, Texas Railroad Commission, or Texas Commission on Environmental Quality Rules where applicable.
(h) 
Section 6104.2. Insert: in accordance with City Code, Texas Railroad Commission, or Texas Commission on Environmental Quality Rules where applicable.
(Ordinance 20-672-14 adopted 4/2/2020)
Any person who shall violate any provision of this article or any provision of a code adopted by this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished as provided in section 1-13. Each day of violation shall constitute a separate offense.
(Ordinance 01-356-8, § 3, adopted 3/15/2001; Ordinance 20-672-14 adopted 4/2/2020)
In the event of a conflict between any requirement of this article or a code adopted by this article with any other city requirement, the most restrictive requirement shall apply. If it is not clear which provision is more restrictive, the more specific requirement shall control over a general requirement.
(Ordinance 20-672-14 adopted 4/2/2020)
The board of appeals shall be the city council for all codes adopted by this article. Any person aggrieved by a decision or interpretation of the building official, fire official, or other official responsible for enforcement of this article or any code adopted by this article may submit a written application for an appeal to the city secretary. An application for appeal shall be based on a claim that the true intent of the city's building code has been incorrectly interpreted, the provisions of the code do not fully apply, or the requirements of the code are adequately satisfied by other means. An application for appeal must be submitted within 30 days of the decision or interpretation.
(Ordinance 20-672-14 adopted 4/2/2020)