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The code adopted by § 96.01 of this chapter is amended as provided in this section.
(A) Sec. 101.1 Administration.
Title. These regulations shall be known as the Fire Code of the City of Texas City, hereinafter referred to as "this code."
(B) Sec. 102.7 is amended by the addition of the following:
Sec. 102.7 Referenced codes and standards. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. The referenced codes and standards referenced in this code are listed in Chapter 80, and such codes and standards shall be considered to be part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.7.1 and 102.7.2.
(C) Secs. 103.1, 103.2, and 103.3 are amended to read as follows:
Sec. 103 Department of Fire Prevention.
Sec. 103.1 General. The Fire Code shall be enforced by the Division of Fire Prevention. The Division of Fire Prevention is hereby established as a division of the Fire Department of the City of Texas City and shall be operated under the supervision of the Fire Marshal and Chief of the Fire Department.
Sec. 103.2 Appointment. The Fire Marshal in charge of the Division of Fire Prevention shall be appointed by the Fire Chief on the basis of proper qualification.
Sec. 103.3 Deputies. The Chief of the Fire Department may detail such members of the Fire Department as inspectors as shall from time to time be necessary and each member so assigned shall be authorized to enforce the provisions of the International Fire Code. [Remainder of section 103 unchanged.]
(D) Sec. 105.5 is amended to read as follows:
Sec. 105.5 Required Operational Permits. The Fire Code Official is authorized to issue operational permits for the operations set forth in section 105.5.2 through 105.5.54. Operational permits are required for: installation of new fire alarm systems, additions or upgrades to fire alarm systems, re-test of fire suppression/alarm systems, above ground fuel storage tank, underground storage tanks, removal of underground storage tanks, taking underground tanks out of service, flammable/combustible liquid dispensing operations; dry cleaning plant, flammable finish booths (spray booths), day care center, open burning, new or upgraded fixed fire suppression systems, new fire sprinkler system installation, additions, alterations upgrades to fire sprinkler systems, fireworks displays, explosive storage, storage/dispensing of compressed gas, storage/dispensing of liquefied gas, tents and air supported structures. Operating without the required operational permit shall result in a stop work order, as well as a permit fee at twice the rate of the originally required permit. Permit fee schedule attached at the end of this chapter at Exhibit A, is available at Texas City Fire Administration Building, as well as the Fire Department web page http://www.texas-city-tx.org/Fire.htm. The Commission may change the rates to the attached Exhibit A upon recommendation of fire code officials, by ordinance, and said amended schedule shall be posted at the Texas City Fire Administration Building and on the Fire Department web page.
(E) Sec. 113.1 is amended by the addition of the following:
Sec 113.1 Unlawful acts and violation penalties. Persons who shall violate a provision of this code shall fail to comply with any requirements thereof or who shall erect, install, alter, repair, 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 misdemeanor, and upon conviction in the Municipal Court, shall be subject to a fine of not less than TWO HUNDRED AND NO/100 ($200.00), and not to exceed TWO THOUSAND AND NO/100 ($2000.00), and not exceeding 3 days (72 hours), or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(F) Sec. 113.4 is amended to read as follows:
Sec. 113.4 Any person, firm, or corporation violating any of the provisions or terms of this code shall be guilty of a misdemeanor and, upon conviction in the Municipal Court, shall be subject to a fine not to exceed TWO THOUSAND AND NO/100 ($2,000.00) DOLLARS for each offense, and each and every day any such violation shall continue and shall be deemed to constitute a separate offense.
(G) Sec. 114 is amended to read as follows:
Sec. 114 Stop Work Orders. Any person, firm, or corporation operating without the required applicable operational permit listed in Sec.105.6 amendment shall be guilty of a misdemeanor, and upon conviction in the Municipal Court, shall be subject to a fine of not less than TWO HUNDRED AND NO/100 ($200.00), and not to exceed TWO THOUSAND AND NO/100 ($2,000.00) DOLLARS for each offense. [Remainder of section 114 unchanged.]
(H) Sec. 114.4 is amended to read as follows:
Sec. 114.4 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 liable to for a fine not to exceed TWO THOUSAND AND NO/100 ($2,000.00) DOLLARS for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense.
(I) Sec. 202 is amended by the addition of the following:
Sec. 202 General Definitions.
SELF-SERVICE STORAGE FACILITY. Real property designed and used for the purpose of renting or leasing individual storage spaces to customers for the purpose of storing and removing personal property on a self-service basis.
FIREWATCH & STANDBY PERSONNEL. Qualified fire service personnel, approved by the Fire Marshal. When utilized, the number required shall be as directed by the Fire Chief or Fire Marshal. Charges for utilization shall be as normally calculated by the jurisdiction. The owner or lessee shall be responsible for remitting utilization charges in a timely manner as arranged by the Fire Marshal or his designee. The owner, lessee, or responsible party shall have a maximum of ten (10) business days to remit fire watch fees. Persons failing to remit fire watch fees within ten (10) business days of actual day worked shall be guilty of a misdemeanor, and upon conviction in the Municipal Court, shall be subject to a fine not less than TWO HUNDRED AND NO/100 DOLLARS ($200.00), and not to exceed TWO THOUSAND AND NO/100 DOLLARS ($2,000.00), for each offense.
(J) Sec. 307 is amended to read as follows:
Open Burning.
Sec. 307 Prohibited Open Burning. Open burning, shall be prohibited within the City of Texas City. Exception:
Permits may be issued for open burn, trench burn, not to exceed 15 feet in diameter and 8 feet in height and are located a minimum of 50 feet from any structure or property line. Additional requirements may be imposed and are at the discretion of the Fire Marshal.
(K) Sec. 403.11.1 is amended by the addition of the following:
Sec. 403.11.1 Fire watch & Standby personnel/Crowd managers. When, in the opinion of the Fire Marshal or his designee, it is essential for public safety in a residential occupancy, a place of assembly or any other place where people congregate, because of the number of persons, or the nature of the performance, exhibition, display, contest, activity or the required fire protection system is inoperable or red tagged, the owner, agent or lessee shall employ standby personnel, to remain on duty 1 hour prior to times such places are open to the public, or when such activity is being conducted.
Before each performance or the start of such activity, standby personnel shall keep diligent watch for fires during the time such place is open to the public or such activity is being conducted to take prompt measures as directed by the Fire Marshal. Such duties may include, but not be limited to, extinguishment of fires that occur and assist in the evacuation of the public from the structure.
There shall be trained standby personnel/crowd managers or crowd manager supervisors at a ratio determined by the Fire Chief, or Fire Marshal.
(L) Sec. 503.2.3 Surface is amended to read as follows:
Sec. 503.2.3 Surface. Fire lanes shall be constructed of an asphalt or concrete surface capable of supporting the imposed loads of fire apparatus and meeting the requirements of the City of Texas City parking lot standards. Those portions of the fire lane within sixty feet (60') of the structure to be protected shall be constructed with 6-inch thick, 3000 psi concrete or 5-inch thick, 3600 psi concrete reinforced with No. 3 bars spaced 24 inches on centers both ways and with sub-grade to a density not less than ninety-five percent (95%) as determined by TSDHPT Test Method Tex-113. Portions of the fire lane constructed of asphalt shall be ninety-five percent (95%) compaction with a 6-inch asphalt stabilized base and 2-inch type D hot mix asphalt concrete. State Highway specification number 292. Whenever forty percent (40%) of existing, non-conforming fire lanes are replaced within a twelve-month period, the entire fire lane shall be replaced according to current standards.
All fire lanes shall be maintained and kept in a good state of repair at all times by the owner and the City of Texas City shall not be responsible for the maintenance thereof. It shall further be the responsibility of the owner to ensure that all fire lane markings required by Sec. 503.3 be kept so that they are easily distinguishable by the public.
(M) Sec. 503.2.4 is amended to read as follows:
Sec. 503.2.4 Turning Radius. The required turning radius and curve radius for access roads shall be a minimum of twenty-five feet (25').
(N) Sec. 503.6 is amended to read as follows:
Sec. 503.6 Security gates. Where security fencing is necessary, the owner shall provide gates or openings which may be secured. Gates, when provided must open fully in either direction or be of a sliding or raised arm type. The main entry gates serving Group R & I occupancies shall be equipped with an approved automated entry system. All other entry points along the fire lane must be automated or Knox compatible as approved by the Fire Marshal, to permit immediate access by fire personnel and equipment in the event of fire or emergency.
(O) Sec. 901.6 is amended by the addition of the following:
System Approval and Testing.
Sec. 901.6 Installation acceptance testing. All required tests shall be conducted by and at the expense of the owner or his representative. The Fire Department shall not be held responsible for any damage incurred in such test. Where it is required that the Fire Department witness any such test, such test shall be scheduled with a minimum of 48-hour notice to the Fire Marshal or his representative. [Remainder of section 901.6 unchanged.]
(P) Sec. 902.1 is amended by the addition of the following:
Fire Area: For the purpose of this provision, fire walls shall not define separate buildings or fire areas.
PROTECTED PROPERTIES. Fire hydrants required to provide a supplemental water supply for automatic fire protection system shall be within 150 feet of the fire department connection for such system. [Remainder of section 902 unchanged.]
FIRE HYDRANT LOCATIONS. Fire hydrants shall be located 2 feet to 6 feet back of curb or fire lane and shall not be located in the bulb of a cul-de-sac. Hydrant discharges must be a minimum of (18") inches in height from final grade to lowest point of discharge. [Remainder of section 902 unchanged.]
(Q) Sec. 903.2.8 Group R is amended by the addition of the following:
Sec. 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings, accessory buildings, and buildings within the same development with a Group R fire area. This includes but is not limited to pool houses, exercise facilities, garages, office and leasing buildings, laundry rooms, any and all buildings within a Group R development property or apartment complex property.
(R) Sec. 912 is amended by the addition of the following:
Sec. 912.2 Fire department connections. All buildings with fire department hose connections (FDC) on the building shall have a sign with (6) inch reflective letters "FDC" directly above the unobstructed connection. The sign shall be mounted directly to the building unobstructed, have RED letters on a WHITE background or WHITE letters on a RED background and be made of a durable material. All buildings with fire department hose connections (FDC) off the building shall have a sign with (6) inch reflective letters "FDC" directly above the unobstructed connection. The sign shall be mounted to a durable post, have RED letters on a WHITE background or WHITE letters on a RED background and be made of a durable material. [Remainder of section 912 unchanged.]
First line--FDC
Second line--Address, suite#, and or BLDG#
Third line--Additional space for Address or Building information.
Note: All FDC connections shall be a minimum of 36"(inches) above grade and no higher than 48" (inches) above grade.
Sprinkler riser rooms shall have a sign on the door visible from the exterior of the building. The sign shall be mounted directly to the door unobstructed, have RED reflective letters on a WHITE background or WHITE reflective letters on a RED background and be made of a durable material. Doors may be painted or stenciled. Sign shall be a minimum of 12" X 12" and have large visible lettering (minimum 2" letters). Group R occupancies may have smaller signs if approved by the Fire Marshal's Office.
Fire alarm and detection systems.
(S) Sec. 907.2.6 is amended by the addition of the following:
Sec. 907.2.6 Groups E, I, & R. A manual fire alarm system shall be installed in Group E, Group I, and Group R occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in Group E (daycares, schools), Group I (nursing homes assisted living homes, hospitals), and Group R occupancies (senior apartment communities, hotels in which room doors do not discharge directly to the exterior of building). An approved off-site fire alarm monitoring service shall be provided for groups E, I, R and occupancies required to have an automatic sprinkler system. Fire Alarm monitoring service must report directly to Texas City Central dispatch center. Occupancy shall provide Texas City Fire Marshal's Office with all monitoring information such as name of service provider, account number and pass code. Where automatic fire sprinklers are not required, a full-coverage smoke detection system shall be provided in all Group E occupancies. Unless separated by a minimum of 100 feet open space, all buildings, whether portable buildings or the main building, will be considered one building for alarm occupant load consideration and interconnection of alarm systems. [Remainder of section 907.2.6 unchanged.]
(T) Sec. 907.2.6.1 is amended by the addition of the following:
Sec. 907.2.6.1 Group I Occupancies. An approved smoke detection system shall be installed in Group 14 occupancies where automatic fire sprinklers are not required, a full-coverage smoke detection system shall be provided in all Group I occupancies. [Remainder of section 907.2.6.1 unchanged.]
(U) Sec. 1003 is amended by the addition of the following:
Sec. 1003 Means of egress illumination. Emergency lighting with battery back-up shall be provided if the travel distance to an exit is greater than 100 feet. Emergency lighting shall be at intervals not greater than 100 feet apart and shall illuminate the path of egress. [Remainder of section 1003 unchanged.]
(V) Sec. 1027 is amended by the addition of the following:
Sec. 1027.1 Exterior Stairway construction. Stairways shall be built of materials consistent with the types permitted for the type of construction of the building.
Exterior stairway construction: Exterior stairways serving as an element of the means of egress, or a fire escape shall be built with non-combustible materials. Where the provisions of this chapter conflict with the building code that applied at the time of construction, the most restrictive provision shall apply.
(W) Sec. 1101.3 is amended by the addition of the following:
Commercial Buildouts/Renovations Plan Review. Commercial renovation plans shall be reviewed and approved by the Texas City Fire Department prior to construction. Failed inspections may incur a reinspection fee. Re-inspection fee amounts are listed on the Fire Department Fee Schedule. [Remainder of section 1101.3 unchanged.]
(X) Sec. 1207.1.6.3 is amended with the addition of the following:
Fire lane required in accordance with Sec. 503.2.3 shall encompass all structures with turning radius in accordance with Sec. 503.2.4. A minimum of 2 access roads shall be provided.
(Y) Sec. 1207.5.8 is amended to read as follows:
ESS located outdoors and in open parking garages shall be separated from any means of egress as required by the fire code official to ensure safe egress under fire conditions, but in no case less than 15 feet.
(Z) Sec. 1207.8.3 is amended to read as follows:
ESS located outdoors shall be separated by a minimum of 15 feet from the following exposures. [Remainder of section 1207.8.3 unchanged.]
(AA) Sec. 1207.9.3 is amended to read as follows:
ESS located on rooftops and in open parking garages shall be separated by a minimum of 15 feet from the following exposures. [Remainder of section 1207.9.3 unchanged.]
(BB) Sec. 1207.10.7.3 is amended to read as follows:
Deployed mobile ESS shall be separated by a minimum of 15 feet from the following exposures. [Remainder of section 1207.10.7.3 unchanged.]
(CC) Sec. 2404.5.3 is amended to read as follows:
Sec. 2404.5.3 Fire Protection. New and existing spray booths and spray rooms shall be protected by an approved automatic fire-extinguishing system complying with Chapter 9 which shall also protect all exhaust plenums, exhaust ducts and both sides of dry filters when such filters are used. [Remainder of section 2404.5.3 unchanged.]
(DD) Sec. 5701.1 is amended by the addition of the following:
Sec. 5701.1 Location Where Above-Ground Tanks are Prohibited. The storage of flammable or combustible liquids in outside above ground tanks is prohibited within each and every zoning district within the City of Texas City with the exception of those districts which are zoned for light industrial zoning use. Installation of above ground tanks in all zoning districts shall be permitted at the discretion of the Fire Marshal following his review of the proposed installation location, and the fire protection for the storage area. Tanks shall not be located within one hundred feet (100') of the property line of any Group E, I or R occupancies. [Remainder of section 5701.1 unchanged.]
(EE) An added False Fire alarm section to read as follows:
Determination of false alarm. Fire Marshal's Office, or by the Fire Department Officer on the scene of the premises reporting an alarm signal will determine if the alarm is false. If any of the following conditions listed below are present, the alarm will be considered a false alarm:
(1) There is no evidence of a fire or other activity that would warrant a call for immediate fire department assistance at the premises.
(2) No individual who was on or near the premises called the fire department dispatch or verified a need for an immediate emergency response.
(3) Unlawful tampering with a fire alarm system.
Fees and cost recovery: A municipal citation may be issued to the owner, occupant or person in charge where the alarm system is located.
False alarm fee schedule:
1st through 4th - No fee
5th - $150.00 fee
6th and above - $250.00 fee, each
Exempt Alarms: The first four (4) false alarms from any one system during a 12-month consecutive period are exempt.
Example: False alarm occurs on November 3, 2015, all false alarms that occurred between November 3, 2015, and November 3, 2014 will be counted.
(FF) Amended Appendix A is amended to read as follows:
A101.1 Scope. The Texas City Building and Standards Commission referenced in Chapter 150 of the City of Texas City, Texas Code of Ordinances shall hear all appeals within the jurisdiction, to decide if modifications comply with the intent of the protection required by the International Fire Code pursuant to the provisions of Section 108 of the International Fire Code. The Building and Standards Commission shall operate in accordance with this section and shall be authorized to hear evidence from appellants and the Fire Code Official pertaining to the application and intent of this code for the purpose of issuing orders pursuant to these provisions.
(GG) Sec. A101.2 is deleted.
(HH) Sec. A101.2.1 is deleted.
(II) Sec. A101.2.2 is deleted.
(JJ) Sec. A101.3 is deleted.
(KK) Sec. A101.3.1 is deleted.
(LL) Sec. A101.3.2 is deleted.
(MM) Sec. A101.3.3 is deleted.
(NN) Sec. A101.3.4 is deleted.
(OO) Sec. A101.3.5 is deleted.
(PP) Sec. Al0l.3.6 is deleted.
(QQ) Sec. Al0l.3.7 is deleted.
(RR) Sec. Al0l.3.8 is deleted.
(SS) Sec. A101.4 is deleted.
(TT) Sec. A101.5 is amended to read as follows:
Sec. A101.5 Meetings. The board shall meet in any event within 30 days after notice of appeal has been received.
(UU) Sec. Al0l.5.1 is deleted.
(VV) Sec. Al0l.5.2 is deleted.
(WW) Sec. Al0l.5.3 is deleted.
(XX) Sec. A101.6 is deleted.
(YY) Sec. A101.7 Decisions. [Unchanged.]
(ZZ) Sec. Al0l.7.1 Resolution. [Unchanged.]
(AAA) Sec. Al0l.7.2 is deleted.
(BBB) Sec. A101.8 is amended to read as follows:
Sec. A101.8 Court review Procedures. Authorizing suits for injunctive relief.
Notwithstanding any penal provision of this section, the City Attorney is authorized to file on behalf of the City of Texas City, the Fire Chief or his authorized representative, or both for injunctive relief as may be necessary to enforce the provisions of this section. [Remainder of section A101.8 unchanged.]
(Ord. 15-43, passed 12-16-2015; Ord. 21-26, passed 10-6-2021; Ord. 2023-21, passed 6-7-2023; Ord. 2024-14, passed 6-5-2024)
(A) This section authorizes the imposition of fees to recover costs actually incurred by the city in responding to hazardous materials incidents to protect the city from extraordinary expenses resulting from the use of city resources in response to such incidents.
(B) Definitions. Unless the context specifically indicates otherwise, the meaning of the terms used in this section shall be as follows:
ASSESSABLE COSTS. Those costs for services incurred by the city in connection with a response to a hazardous materials incident, including, but not limited to, the actual labor and material costs of the city (including, without limitation, employee wages, fringe benefits, administrative overhead, costs of equipment, costs of equipment operation, costs of materials, costs of transportation, costs of material disposal and costs of contracted labor) whether or not the services are provided by the city or by a third party on behalf of the city; service charges and interest; attorneys' fees, litigation costs and any costs, charges, fines or penalties to the city imposed by any court or state or federal governmental entities.
CITY. The City of Texas City, County of Galveston, State of Texas.
COSTS. All reasonable and necessary expenses that are incurred by the city as a direct result of the hazardous materials response. In general, allowable costs are response costs that are eligible, reasonable, necessary and allocable to the response.
EMERGENCY ASSISTANCE. Emergency medical, public safety, police, fire or other city department services.
EXCESSIVE REQUESTS FOR EMERGENCY ASSISTANCE. Any request for emergency assistance made to a particular location or premises if such location or premises has requested emergency assistance more than five times in the preceding 30 days.
HAZARDOUS MATERIALS. Those elements, substances, wastes or by-products, including, but not limited to, combustible liquid, flammable gas, explosives, flammables, poisons, organic peroxides, oxidizers, pyrophorics, unstable reactive matter, water reactive matter, petroleum products, anti- freeze, polychlorinated biphenyls and asbestos, which are or are potentially harmful to the environment or human or animal life, or which pose an unreasonable or imminent risk to life, health or safety of persons or property, or to the environment as determined by the Fire Chief or the Senior Fire Official of the city in charge at the scene.
HAZARDOUS MATERIAL INCIDENT OR EMERGENCY. Any occurrence, incident, activity, accident, or emergency where a release of hazardous materials occurs or is reasonably imminent and where the Fire Chief or his or her designee has so declared such activity, accident or emergency a hazardous material incident or emergency.
HAZARDOUS MATERIALS INCIDENTS; EXCEPTIONS. The authority to recover costs under this section shall not include costs incurred for actual fire suppression service which is normally or usually provided within the municipality by its fire department or its authorized agents.
JURISDICTION. The City of Texas City and contracted, obligated or mutual response municipalities.
POLLUTANT OR CONTAMINANT. As defined by section 104(a)(2) of CERCLA, includes, but is not limited to, any element, substance, compound or mixture, including disease-causing agents, which after release into the environment and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions in reproduction or physical deformations) in such organisms or their offspring. This term also includes petroleum, crude oil and any fraction thereof that is not otherwise specifically listed or designated as a hazardous substance under sections 101 (14)(A) through (F) of CERCLA.
POTENTIALLY RESPONSIBLE PARTY (PRP). Any person who may be liable under section 107 of CERCLA for a release or threatened release of hazardous substances or pollutants or contaminants.
RELEASE. Any actual or threatened spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, leaching, dumping, or disposing into the environment, including, but not limited to, the air, soil, groundwater and surface water.
RESPONSIBLE PARTY. Any individual, firm, corporation, association, partnership, commercial entity, consortium, joint venture, government entity or any other legal entity responsible for a public safety or fire emergency incident or any owner, tenant, occupant, or party in control of real and personal property from which, onto which or related to which there is a public safety or fire emergency incident and their heirs, estates, successors and assigns.
(C) It shall be the duty of any person and any other entity which causes or controls leakage, spillage, or any other dissemination of dangerous or hazardous substances or materials to immediately remove such substances and materials and clean up the area of such spillage in such a manner that the area involved is fully restored to its condition before such occurrence. The Fire Marshal or assistant fire marshal, or members of the fire department will inspect the site to ensure that the cleanup is in compliance with local, state, and federal guidelines.
(D) The city may recover all assessable costs in connection with a hazardous materials incident from any or all responsible parties, jointly or severally.
(E) The Fire Chief or his or her designee shall determine the total assessable costs and shall in consultation with other city personnel involved in responding to the hazardous materials incident determine whether to assess any, all or part of such costs against any of the responsible parties. In making such determination, the following shall be considered:
(1) The total assessable costs;
(2) The fees set forth in the cost recovery fee schedule established and maintained pursuant to division (F) below;
(3) The risk the incident imposed on the city, its residents, and their property;
(4) Whether there was any injury or damage to person or property;
(5) Whether the incident required evacuation;
(6) The extent the incident required use of city personnel and equipment; and
(7) Whether there was any damage to the environment.
(a) After consideration of the factors in division (E) immediately above, the Fire Chief or his or her designee may allocate assessable costs among and between responsible parties, including allocating all or some of such costs jointly and severally against more than one responsible party, regardless of whether a responsible party has other legal liability therefore or is legally at fault.
(b) If the Fire Chief or his or her designee determines not to assess all or a part of assessable costs against a responsible party, such determination shall not in any way limit or extinguish the liability of the responsible party to other parties.
(F) The Fire Chief or his or her designee is authorized and directed to establish and maintain a cost recovery fee schedule reflecting the reasonable costs of responding to a hazardous material incident, and the fees stated therein shall not exceed the city's actual cost in responding to a public safety or fire emergency incident. A copy of the cost recovery fee schedule shall at all times be maintained on file with the fire department and shall have the same legal effect as if adopted by ordinance of the City Commission.
(G) After determining to assess assessable costs against a responsible party, the finance director shall mail an itemized invoice to the responsible party at its last known address or to the responsible party's insurer at the insurer's address if provided. Such invoice shall be due and payable within 30 days of the date of mailing and any amounts unpaid after such date shall bear a late payment fee equal to 1% per month or fraction thereof that the amount due and any previously imposed late payment fee remains unpaid. If a responsible party shall appeal assessable costs pursuant to division (H), such costs, if upheld, in whole or in part, shall be due and payable 30 days from the date of determination of the appeal and any late payment fees shall apply thereafter.
(H) (1) Any responsible party who receives an invoice for assessable costs shall have an opportunity to meet with the Fire Chief or his or her designee to request a modification of assessable costs. The responsible party shall request in writing such meeting within ten calendar days of the date of the invoice assessing the assessable costs. If after meeting with the Fire Chief or his or her designee the responsible party is still not satisfied, he or she may request an opportunity to appear before the City Commission to further request a modification of assessable costs. A responsible party who desires to appear before the City Commission must first meet with the Fire Chief or his or her designee as provided above and shall file a written request to appear before the City Commission with the City Secretary within ten calendar days of the date of the meeting with the Fire Chief.
(2) Upon receipt of such request, the City Secretary will place the responsible party on the agenda of the next regularly scheduled City Commission meeting, which meeting is at least 14 calendar days after the date on which the responsible party files the request to appear. Any filed request to appear shall specifically identify and explain all reasons why the responsible party believes the assessed costs should be modified. Any reason, basis or argument for modification of assessable costs not set forth in the request to appear shall be deemed waived by the responsible party.
(3) Failure to timely file a written request to appear shall constitute a waiver of the responsible party's right to appear before the City Commission and shall further constitute the responsible party's agreement to pay the assessable costs invoiced. After a responsible party has been given an opportunity to appear before it, the City Commission shall promptly determine whether to confirm, modify or void the payment of assessable costs invoiced.
(I) In addition to the remedy set forth in division (G) above, the city shall be entitled to pursue any other remedy or may institute any appropriate action or proceeding in a court of competent jurisdiction as permitted by law to collect assessable costs from a responsible party.
(J) All costs and expenses incurred under this section shall be collectable by the city in the same manner as in the case of an obligation under a contract, express or implies. Any failure by the person or responsible party to pay the invoice within 30 days of service shall be considered in default. In case of default, the city may commence civil suit to recover the costs and expenses of the response and court costs and attorney fees incurred in the collection of such debt.
(K) This section shall be construed to impose a responsibility and liability of a civil nature on the part of the operator of the motor vehicle and shall not be construed to conflict, contravene, enlarge or reduce any criminal liability or responsibility including fines and costs which may be imposed by a judge on an operator of a motor vehicle convicted of any criminal action arising from the incident precipitating the emergency response.
(L) The recovery of assessable costs pursuant to this section does not limit the liability of a responsible party under applicable local, state or federal law.
(Ord. 2022-04, passed 3-16-2022; Ord. 2024-14, passed 6-5-2024) Penalty, see § 96.99
LIQUEFIED PETROLEUM GAS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EQUIPMENT. All that equipment designed to use as fuel any form of manufactured or liquefied petroleum gases.
STANDARD GRADE. The grade of article which is accepted by dealers in such equipment and recognized as complying with all fire law regulations.
(1998 Code, § 54-101) (Ord. 2024-14, passed 6-5-2024)
All persons who may install or equip any residence, business house, apartment house or other building located and situated within the city with any installation of equipment shall use in any installation, whether for domestic or industrial use, only a standard grade of pipe or piping. All appliances used in connection with any installation shall be a standard grade and type of equipment. Any system which uses any form of manufactured or liquefied petroleum gases must bear the label of approval or listing of Underwriters' Laboratories, Inc.
(1998 Code, § 54-102) (Ord. 2024-14, passed 6-5-2024) Penalty, see § 96.99
(A) Minimum standards. Any equipment shall be installed or repaired in a workmanlike manner which shall comply with all laws and the regulations of the city, the regulations of the Code adopted by § 96.01 of this chapter and the regulations recommended by the National Fire Protection Association.
(B) Approval by Inspector. When any equipment is installed, it shall not be placed in operation or used unless and until the installation has been approved by the City Inspector.
(C) Inspection fee. Any person installing any equipment shall, upon requesting an inspection for approval, pay an inspection fee as set by the City Commission for each piece of equipment, to cover the cost of inspection.
(1998 Code, § 54-103) (Ord. 2024-14, passed 6-5-2024) Penalty, see § 96.99
The storage of any liquefied petroleum gases in any container, either above ground or underground, is prohibited inside of or underneath any building in the city.
(1998 Code, § 54-104) (Ord. 2024-14, passed 6-5-2024) Penalty, see § 96.99
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