The International Fire Code, 2021 edition, in its entirety, and including Appendices B, C, D, I, J, K, L, M, and N but excluding Appendices A, E, F, G and H, is hereby adopted by reference. Amendments, insertions, and additions are as follows:
(1) 101.1. TITLE. These regulations shall be known as the Fire Code of the City of Big Spring, hereinafter referred to as "this code."
(2) 103.1. AGENCY. The Fire Marshal shall be known as the fire code official, and is the official in charge of the Office of the Big Spring Fire Marshal, the agency, a division of the Big Spring Fire Department. The function of this agency shall be the implementation, administration and enforcement of the provisions of this code.
(3) 103.2. RESERVED.
(4) 103.3 DEPUTIES. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the Fire Chief, the fire code official shall have the authority to appoint a deputy fire code official, other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the fire code official.
(5) 105.1.1.1 PERMITS REQUIRED. Any property owner or authorized agent who intends to conduct an operation or business, or install or modify systems and equipment which is regulated by this code, or to cause any such work to be done, shall first make application to the city secretary or building official for the required permit. The permit shall be issued only after approval by the fire code official.
(6) 105.5.5. OPERATIONAL PERMIT NOT REQUIRED UNDER THIS CODE Carnivals and fairs.
(7) 105.5.6. OPERATIONAL PERMIT NOT REQUIRED UNDER THIS CODE. Cellulose nitrate film.
(8) 105.5.11. OPERATIONAL PERMIT NOT REQUIRED UNDER THIS CODE. Cryogenic fluids.
(9) 105.5.12. OPERATIONAL PERMIT NOT REQUIRED UNDER THIS CODE. Cutting and welding.
(10) 105.5.13. OPERATIONAL PERMIT NOT REQUIRED UNDER THIS CODE. Dry cleaning.
(11) 105.5.15. OPERATIONAL PERMIT NOT REQUIRED UNDER THIS CODE. Exhibits and trade shows.
(12) 105.5.17. OPERATIONAL PERMIT NOT REQUIRED UNDER THIS CODE. Fire hydrants and valves.
(13) 105.5.19. OPERATIONAL PERMIT NOT REQUIRED UNDER THIS CODE. Floor finishing.
(14) 105.5.20. OPERATIONAL PERMIT NOT REQUIRED UNDER THIS CODE. Fruit and crop ripening.
(15) 105.5.21. OPERATIONAL PERMIT NOT REQUIRED UNDER THIS CODE. Fumigation and insecticidal fogging.
(16) 105.5.27. OPERATIONAL PERMIT NOT REQUIRED UNDER THIS CODE. Lumber yards and woodworking plants.
(17) 105.5.28. OPERATIONAL PERMIT NOT REQUIRED UNDER THIS CODE. Liquid- or gas-fueled vehicles or equipment in assembly buildings.
(18) 105.5.34. OPEN BURNING. An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road, or other public or private ground. Instructions and stipulations of the permit shall be complied with. Recreational fires are not exempt from the permitting requirement.
(19) 105.6. REQUIRED CONSTRUCTION PERMITS. The building official, with the fire code official's approval, is authorized to issue construction permits for work as set forth is sections 105.6.1 through 105.6.24.
(20) 111.1. APPEALS BOARD. Appeals of orders, decisions or determinations made by the fire code official requiring demolition and removal of a structure under Section 114 and its subsections shall be through the Structural Standards Chapter. The Board of Adjustments and Appeals ("the Board") will hear and decide appeals of all other orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code. The Board shall render all decisions and findings in writings to the appellant with a duplicate copy to the fire code official.
(21) 111.3. RESERVED.
(22) 112.4. 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 Class C Misdemeanor punishable by a fine of according to Section 1-8, Big Spring City Code. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(23) 113.2.1. ISSUANCE ELECTRONICALLY. The fire code official may issue a stop work order electronically.
(24) 113.4. 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 guilty of a misdemeanor. Each day that a violation continues after such work order has been issued shall be deemed a separate offense.
(25) 903.2.8.5. ONE- AND TWO-FAMILY DWELLINGS. An automatic sprinkler system installed in accordance with section 903 shall be provided throughout all building with a group R1, R2, R3 and R4 fire area. New and existing one- and two-family dwellings shall be exempt from this requirement.
(26) 908.4. VISUAL ALARM SMOKE DETECTORS.
a. Rental property. The owner of a rental property shall, at the request of a hearing-impaired tenant, install at least one visual alarm smoke detector in each separate bedroom in the dwelling unit occupied by a hearing impaired tenant.
b. Hotel/motel. The owner, manager, or otherwise responsible person having control of a hotel/motel, apartment house or other short-term rental dwelling must be able to provide, upon the request by a hearing-impaired person, a visual alarm smoke detector or shall have rooms available that are already equipped with a visual alarm smoke detector.
c. Requirements for visual alarm smoke detectors. The visual smoke detector must: 1. Contain a strobe light with a visible effective intensity of not less than 177 candela; 2. Operate on a 120-volt alternating current; and 3. Be otherwise installed according to manufacturer's recommendations.
(27) 908.5. SMOKE DETECTORS IN RENTAL UNITS. The owner or agent of the owner of all apartment houses, residential rental units or hotel/motel shall provide smoke detectors and must keep written documentation, available for review by the fire code official, containing installation date of all smoke detectors, dates batteries have been changed, and dates smoke detectors were tested as per recommendation of the manufacturer. This documentation must be available to tenants upon request and be available at all times for inspection by the fire department.
(28) 1103.5.3. GROUP I-2, CONDITION 2. In addition to the requirements of Section 1103.5.2, existing buildings of Group I-2, Condition 2 occupancy shall be equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1 no later than May 1, 2033.
(29) 5601.7.1. SEIZURE OF ILLEGAL FIREWORKS, ETC. The fire code official may authorize other persons employed by the City of Big Spring Fire Department or Police Department to conduct the duties under Section 5601.7.
(30) 5704.2.9.6.1. LOCATIONS WHERE ABOVE-GROUND TANKS ARE PROHIBITED. Insert: residential, retail, office, or central area districts.
(31) 5706.2.4.4. LOCATIONS WHERE ABOVE-GROUND TANKS ARE PROHIBITED. Insert: residential, retail, office, or central area districts.
(32) 5806.2. LIMITATIONS. Insert: residential, retail, office, or central area districts.
(33) 6104.2. within city limits.
(34) In Chapter 61, the following sections are added to read as follows:
SECTION 6112. RESIDENTIAL USE OF LIQUID PETROLEUM GAS
6112.1 PROHIBITED WITH EXCEPTIONS. Liquefied petroleum gas (LP-gas) for residential installation to any type of structure, except as noted below, shall be prohibited within the incorporated city limits.
6112.2. LP-GAS INSTALLATIONS. LP-gas installations permitted or approved prior to this code adoption shall be allowed if they continue to meet other local and state code requirements. LP-gas installations that were not permitted or approved prior to this code adoption may apply for a permit within 30 days of notification. The installation shall be in strict compliance with all applicable rules and regulations, including those set forth by the state Railroad Commission LP-gas safety rules. The tank location and additional safety requirements will be subject to approval by the fire chief or his agent.
6112.3 LP-GAS DISTRIBUTORS. It shall be a violation of this code for any LP-gas distributor to place or fill any LP-gas tank in a residential setting unless the same has affixed to it a decal indicating that the tank has been permitted by the city.
SECTION 6113 MISCELLANEOUS USE
6113.1. NON-COMMERCIAL COOKERS AND GAS GRILLS. Liquefied petroleum gas cylinders used for non-commercial cookers and gas grills shall be restricted to no more than ten-water-gallon capacity tanks and shall be mounted in compliance with the appliance manufacturer's recommendations. These installations shall be exempt from permits. Such cylinders shall be stored in accordance with the applicable LP-gas safety rules.
6113.2. MOTOR HOMES. Motor homes and other similar use recreational vehicles must be in compliance with applicable state railroad commission LP-gas safety rules.
SECTION 6114. LIQUEFIED PETROLEUM GASSES
6114.1. COMMERCIAL OR INDUSTRIAL USE OF LIQUEFIED PETROLEUM GAS. Commercial or industrial use of liquefied petroleum gas must be in strict compliance with applicable LP-gas safety rules and regulations including those set forth by the state Railroad Commission in effect at time of installation.
6114.2. INSTALLATIONS. Commercial or industrial installations shall be subject to applicable permits and the approval of the fire marshal or his agent.
6114.3. CONTAINERS. LP-gas containers at commercial or industrial installations shall comply with the state Railroad Commission LP-gas safety rules.
(Prior Code, § 9-1; Ord. of 2-12-2013; Ord. No. 041-2020, § 6, 10-29-2020; Ord. No. 022-2023, § 1, 3-28-2023)