There is hereby adopted by the City of Midlothian, Texas for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, that certain code known as the International Fire Code, 2021 edition, including appendices B, C, D, E, F, G, H, I, J, K, L, M, and N save and except such portions as are deleted, modified or amended by this article. The International Fire Code as adopted and amended herein is applicable within the limits of the city.
(Ordinance 2021-52 adopted 7/13/21; Ordinance 2025-32 adopted 7/8/2025)
(a) 
Certain amendments to the International Fire Code, adopted herein, are adopted as a part of said code and shall be maintained, together with the International Fire Code, in the office of the city secretary and the fire code official.
(b) 
All hazardous materials storage and use inside the City of Midlothian shall comply with City zoning requirements, the Midlothian Fire Code, NFPA, State and Federal Requirements.
(1) 
The limits referred to in sections 5704.2.9.6.1 and 5706.2.4.4 of the International Fire Code, in which the storage of Class I (flammable) and Class II (combustible) liquids in above-ground tanks is prohibited, shall include the area inside the City Limits of Midlothian with the following exceptions:
(A) 
Non-Residential and Planned Development (PD) zoning districts, with a permit issued by the fire code official.
(B) 
Temporary storage of diesel fuel in an above ground tank, for fueling off-road vehicles and equipment at construction or similar work sites, with a permit issued by the fire code official.
(C) 
Facilities owned or under the direct control of a governmental entity where fuel is necessary for the operation of vehicles, emergency generators or other equipment critical to the infrastructure, with a permit issued by the fire code official.
(D) 
Agriculture or farm property, in excess of ten acres, where fuel is necessary for the operation of farm equipment/vehicles, with a permit issued by the fire code official.
(i) 
Aboveground storage tanks are prohibited for retail sale of motor fuels.
(2) 
The limits referred to in section 5806.2 of the International Fire Code, in which the storage of flammable cryogenic fluids in stationary containers is prohibited, shall include the area inside the City Limits of Midlothian with the following exceptions:
(A) 
Non-Residential and Planned Development (PD) zoning districts, with a permit issued by the fire code official.
(B) 
Non-Residential and Planned Development (PD) zoning districts when quantities do not exceed the amounts listed in 2018 IFC as amended.
TABLE 105.5.11
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
(3) 
The limits referred to in section 6104.2 of the International Fire Code, in which the storage of liquefied petroleum gas (LP gas) is prohibited for the protection of heavily populated or congested areas, shall include the area inside the City Limits of Midlothian with the following exceptions:
(A) 
LP gas storage and use shall comply with the Midlothian Fire Code, NFPA
(B) 
and Texas Railroad Commission (Texas RRC) requirements and regulations. Where a conflict exists between these requirements and regulations, the more restrictive provision shall apply.
(C) 
Residential zoning districts when in compliance with the Midlothian Fire Code, NFPA 58, Texas Railroad Commission (Texas RRC) requirements and regulations, and with a permit issued by the fire code official (if required).
(D) 
Non-Residential and Planned Development (PD) zoning districts, with a permit issued by the fire code official.
(i) 
LP gas tanks with an aggregate water capacity of 2,000 gallons or more shall be approved by the fire code official.
(E) 
Existing, non-conforming LP gas installations will be allowed to continue use until replaced or modified. Any replacement and/or modification shall meet current applicable codes, requirements, and regulations.
(F) 
The limits and districts above shall also apply to the storage of compressed natural gas (CNG) and other alternative fuels.
(4) 
The limits referred to in section 5601 of the International Fire Code, in which the storage of explosives and blasting agents is prohibited for the protection of heavily populated or congested areas, shall include the area inside the City Limits of Midlothian with the following exceptions:
(A) 
Non-Residential and Planned Development (PD) zoning districts when in compliance with Local, State and Federal requirements, with a permit issued by the fire code official.
(5) 
The limits on storage of hazardous materials in excess of the exempt amounts as defined in the International Fire Code is prohibited for the protection of heavily populated or congested areas, shall include the area inside the City Limits of Midlothian with the following exceptions:
(A) 
Non-Residential and Planned Development (PD) zoning districts, with a permit issued by the fire code official.
(B) 
Where a conflict exists between Local, State or Federal requirements and regulations regarding the storage of hazardous materials, the more restrictive provision shall apply.
(Ordinance 2021-52 adopted 7/13/21; Ordinance 2025-32 adopted 7/8/2025)
(a) 
The limits referred to in sections 5704.2.9.6.1 and 5706.2.4.4 of the International Fire Code, in which the storage of class I (flammable) and class II (combustible) liquids in above-ground tanks is prohibited, shall include the area inside the city limits with the following exceptions:
(1) 
Nonresidential and planned development (PD) zoning districts, with a permit issued by the fire code official.
(2) 
Temporary storage of diesel fuel in an above-ground tank, for fueling off-road vehicles and equipment at construction or similar work sites, with a permit issued by the fire code official.
(3) 
Facilities owned or under the direct control of a governmental entity where fuel is necessary for the operation of vehicles, emergency generators or other equipment critical to the infrastructure, with a permit issued by the fire code official.
(4) 
Agriculture or farm property, in excess of ten acres, where fuel is necessary for the operation of farm equipment/vehicles, with a permit issued by the fire code official.
(A) 
Aboveground storage tanks are prohibited for retail sale of motor fuels.
(b) 
The limits referred to in section 5806.2 of the International Fire Code, in which the storage of flammable cryogenic fluids in stationary containers is prohibited, shall include the area inside the city limits with the following exceptions:
(1) 
Nonresidential and planned development (PD) zoning districts, with a permit issued by the fire code official.
(2) 
Nonresidential and planned development (PD) zoning districts when quantities do not exceed the amounts listed in 2018 IFC as amended.
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
(c) 
The limits referred to in section 6104.2 of the International Fire Code, in which the storage of liquefied petroleum gas (LP gas) is prohibited for the protection of heavily populated or congested areas, shall include the area inside the city limits with the following exceptions:
(1) 
LP gas storage and use shall comply with the city fire code, NFPA 58 and Texas Railroad Commission (Texas RRC) requirements and regulations. Where a conflict exists between these requirements and regulations, the more restrictive provision shall apply.
(2) 
Residential zoning districts when in compliance with the city fire code, NFPA 58, Texas Railroad Commission (Texas RRC) requirements and regulations, and with a permit issued by the fire code official (if required).
(3) 
Nonresidential and planned development (PD) zoning districts, with a permit issued by the fire code official.
(A) 
LP gas tanks with an aggregate water capacity of 2,000 gallons or more shall be approved by the fire code official.
(4) 
Existing, nonconforming LP gas installations will be allowed to continue use until replaced or modified. Any replacement and/or modification shall meet current applicable codes, requirements, and regulations.
(5) 
The limits and districts above shall also apply to the storage of compressed natural gas (CNG) and other alternative fuels.
(d) 
The limits referred to in section 5601 of the International Fire Code, in which the storage of explosives and blasting agents is prohibited for the protection of heavily populated or congested areas, shall include the area inside the city limits with the following exceptions:
(1) 
Nonresidential and planned development (PD) zoning districts when in compliance with local, state and federal requirements, with a permit issued by the fire code official.
(e) 
The limits on storage of hazardous materials in excess of the exempt amounts as defined in the International Fire Code is prohibited for the protection of heavily populated or congested areas, shall include the area inside the city limits with the following exceptions:
(1) 
Nonresidential and planned development (PD) zoning districts, with a permit issued by the fire code official.
(2) 
Where a conflict exists between local, state or federal requirements and regulations regarding the storage of hazardous materials, the more restrictive provision shall apply.
(Ordinance 2021-52 adopted 7/13/21)
Whenever the fire chief disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the fire chief to the city council within 30 days from the date of the decision appealed.
(Ordinance 2012-17 adopted 6/26/12)
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two thousand dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
(Ordinance 2021-52 adopted 7/13/21)