Chapter 38. Fire Prevention and Protection

The duties of the fire marshal shall be performed as assigned by the fire chief. The fire marshal shall supervise the arson investigation unit.

(Ord. No. 97, § 1, 10-24-50; Code 1967, § 12-32; Ord. No. 6175, § 2, 2-27-92; Ord. No. 13,756, § 1, 4-26-18)

(a) The fire marshal shall have the right and authority at all reasonable hours, for the purpose of examination, to enter with or without prior notification into and upon all buildings and premises within the city.

(b) It shall be the duty of the fire marshal, at least annually, to enter all mercantile, manufacturing and public buildings, together with the premises belonging thereto.

(c) Whenever the fire marshal shall find: (i) any building or other structure that, for want of repair or because of age or dilapidated condition or for any cause, is especially liable to fire and that is so situated as to endanger other buildings or property or that is so occupied that fire would endanger persons or property therein; or (ii) an improper or dangerous arrangement of stoves, ranges, furnaces or other heating appliances of any kind whatsoever, including chimneys, flues and pipes with which such 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 materials, inflammable materials and refuse materials or other conditions that may be dangerous in character or liable to cause or promote fire or create conditions dangerous to the firefighters or occupants, he shall order such to be removed or remedied, and such order shall be forthwith complied with by the owner or occupant of the building or premises.

(d) It shall be unlawful for any owner or occupant to fail to comply with any such notice.

(e) If the owner or occupant deems himself aggrieved by such order, he may, within five days, appeal to the city council, who shall investigate the cause of the complaint and, unless by its authority the order is revoked, the order shall remain in force and shall be forthwith complied with by the owner or occupant.

(Ord. No. 97, § 6, 10-24-50; Code 1967, § 12-39; Ord. No. 6357, § 1, 9-24-92)

The fire marshal shall have the authority at all times of the day or night, when necessary in the performance of his duties, to enter upon and examine any building or premises where any fire has occurred and other buildings and premises adjoining or near the building or premises where a fire has occurred, which authority shall be exercised only with reason and good discretion.

(Ord. No. 97, § 5, 10-24-50; Code 1967, § 12-40)

The fire marshal shall keep a record of all fires, together with all facts, statistics and circumstances, including the origin and amount of the loss, which may be determined by the investigation required by this article or by division 2 of article IV of this chapter.

(Ord. No. 97, § 2, 10-24-50; Code 1967, § 12-41)

Within the timeframe as required, the fire marshal shall report to the state fire marshal each fire in the response area of the fire department.

(Code 1967, § 12-42; Ord. No. 6357, § 2, 9-24-92)

(a) Except as may otherwise be provided in this chapter, the International Fire Code, 2015 edition, published by the International Code Council, Inc., including all appendixes, as amended in this division, is adopted and incorporated as fully as if set forth at length in this section. The fire prevention code adopted in this section shall be controlling within the city limits. One copy of the code is on file in the office of the fire chief.

(b) If a section of this article is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or any regulation adopted pursuant thereto or any other ordinance or code or regulation of the city, the provision which establishes the higher standard for the promotion of the health and safety of the people shall prevail.

(c) Any person who shall violate any provision of the standards adopted or established in this article shall upon conviction be punished as provided in section 1-14.

(Code 1967, § 12-14; Ord. No. 6054, § 1, 10-22-91; Ord. No. 8514, § 2, 2-11-99; Ord. No. 9337, § 21, 3-28-02; Ord. No. 9792, § 1, 4-22-04; Ord. No. 10,663, § 9, 7-26-07; Ord. No. 11,515, § 20, 12-9-10; Ord. No. 13,654, § 46, 12-14-17)

The following words, terms and phrases, when used in the fire prevention code adopted in section 38-61, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Municipality shall be held to mean the city.

Retail service station means that portion of a property where a flammable or combustible liquid used as motor fuel is stored and dispensed as an act of retail sale from fixed equipment into the fuel tank of a motor vehicle. The term does not include a marina.

(Code 1967, § 12-16; Ord. No. 6982, § 1, 4-14-94; Ord. No. 10,663, § 10, 7-26-07; Ord. No. 11,515, § 21, 12-9-10; Ord. No. 13,654, § 47, 12-14-17)

The fire prevention code adopted in this article shall be enforced by the fire marshal.

(Ord. No. 97, § 7, 10-24-50; Code 1967, § 12-15)

(a) Any person who shall violate any of the provisions of the fire prevention code adopted in this article or who shall fail to comply with such code or who shall violate or fail to comply with any order made under such code or who shall build in violation of any detailed statement of specifications or plans submitted and approved or any certificate or permit issued under such code and from which no appeal has been taken or who shall fail to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction, within the time fixed in this article, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor, punishable as provided in section 1-14. The imposition of one 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 or defects within a reasonable time. Each day that a violation continues shall constitute a new and separate offense, subject to the same penalty under this section.

(b) The application of the penalty in subsection (a) of this section shall not be held to prevent the enforced removal of prohibited conditions.

(Code 1967, § 12-20; Ord. No. 8514, § 3, 2-11-99)

The fire marshal shall have power to modify any of the provisions of the fire prevention code adopted in this article upon application in writing by the owner or lessee or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety shall be secured and substantial justice shall be done. The particulars of such modification when granted or allowed and the decision of the chief of the fire department thereon shall be entered upon the records of the department, and a signed copy shall be furnished the applicant.

(Code 1967, § 12-18)

When the fire marshal shall disapprove an application or refuse to grant a permit applied for or when it is claimed that the provisions of the fire prevention code adopted in this article do not apply or that the true intent and meaning of the fire prevention code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief of the fire department to the city council within 30 days from the date of the decision appealed.

(Code 1967, § 12-19)

(a) The limits referred to in section 3404.2.9.5.1 of the fire prevention code adopted in this article in which storage of flammable liquids in outside aboveground tanks is prohibited, the limits referred to in section 3804.2 of the fire prevention code in which bulk storage of liquefied petroleum gas is restricted and the limits referred to in section 3304 of the fire prevention code in which storage of explosives and blasting agents is prohibited are established as follows: the corporate limits of the city as now existing or hereafter changed according to law.

(b) The storage of flammable or combustible liquids in aboveground tanks outside of buildings is prohibited within the limits set forth in subsection (a) of this section, unless such tanks:

(1) Comply with all applicable provisions of chapter 2 of NFPA 30A, Automotive and Marine Service Station Code, all amendments thereto and new additions thereof;

(2) Are fire resistant and, as such, the construction of the tanks providing the required fire-resistive protection shall prevent release of liquid, failure of the supporting structure and impairment of venting for a period of not less than two hours when tested using a fire exposure environment described in UL 2085, Outline of Investigation for Insulated Aboveground Tanks for Flammable and Combustible Liquids, as amended, or equivalent test procedure; and

(3) Are not used in the operations of a retail service station.

(Code 1967, § 12-17; Ord. No. 6982, § 2, 4-14-94; Ord. No. 9337, § 22, 3-28-02)

The fire prevention code adopted in section 38-61 is hereby amended, in part, as follows:

Subsection 503.2.3 Surface is amended to read as follows:

503.2.3 Surface. Permanent fire apparatus access roads shall be constructed of asphalt or concrete. Other approved hard, all-weather surface materials may be used with written approval by the fire code official. Fire apparatus access roads shall be constructed and maintained so as to withstand the load of fire apparatus, without failure, during all types of weather.

Subsection 503.2.3.1 Emergency Access lane requirements during construction is hereby added and shall read as follows:

503.2.3.1 Emergency Access lane requirements during construction.

1. When a fire apparatus access road (fire lane, etc.) or a water supply for fire protection is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternative methods of protection are approved by the Fire Code Official.

2. Temporary vehicle access roads/driveways shall be constructed of an approved material capable of supporting all fire apparatus under all weather conditions and shall be properly maintained until the permanent access roadways are installed.

3. A permanent vehicle access roadway/driveway of concrete or asphalt shall be installed up to the building before any vertical construction begins.

4. In buildings with an automatic sprinkler/standpipe system, access roads must extend to within 50 feet of fire department connections and to within 100 feet of a fire hydrant.

5. All required permanent fire water supply systems shall be installed and approved prior to any combustible construction or use of any building or structure being allowed.

Subsection 503.2.4 Turning radius is amended to read as follows:

503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be 23 feet minimum inside radius and a 35 foot centerline radius.

Subsection 507.5.1 Where required is amended to read as follows:

507.5.1 (Water supplies) Where required. Where a portion of the facility or building constructed hereinafter or moved into or within the city is more than 400 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official.

Exceptions:

1. For Group R-3 and Group U occupancies, the distance required shall be 600 feet.

2. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet.

Subsection 507.5.1.2 is hereby added and shall read as follows:

507.5.1.2 Fire hydrants and fire department connections located so as to not block a driveway or roadway when connected together.

Where a new fire hydrant is required to supply a fire sprinkler system or a standpipe system, the FDC (fire department connection) and the fire hydrant must be on the same side of the driveway or roadway so as to not block either the driveway or roadway from additional emergency vehicles access.

Subsection 507.5.3 Private fire service mains and water tanks is amended to read as follows.

507.5.3 Private fire service mains and water tanks. Private fire service mains and water tanks shall be periodically inspected, tested and maintained in accordance with NFPA 25 at the following intervals:

1. Private hydrants of all types: Inspection annually and after each operation; flow test and inspection annually.

2. Fire Service main piping: Inspection of exposed, annually; flow test every 5 years.

3. Fire service main piping strainers: Inspection and maintenance after each use.

4. A copy of the annual inspection report must be forwarded to the Fire Code Official's office within 30 days after the inspection.

Records of inspections, testing and maintenance shall be maintained.

Subsection 903.3.6 Hose threads is amended to read as follows:

903.3.6 Hose threads

903.3.6.1. A 5" (5 inch) Storz connection, with locking caps manufactured by the Knox Company, shall be used for all fire department connections where a NFPA 13 (commercial) sprinkler system or any standpipe system is installed.

903.3.6.2. A 2½" (2½ inch) NST female connection, with locking caps manufactured by the Knox Company, may be used for fire department connections where a NFPA 13R sprinkler system is installed.

Subsection 912.2 FDC Location is amended to add the following subsections which shall read as follows:

912.2 FDC Location.

912.2.3 Where NFPA 13 sprinkler systems or standpipe systems or installed, the fire department connection shall be located remote of the building, out of the collapse zone. The collapse zone is a distance away from the building at least equal to the height of the exterior wall of the building, on the side of the fire department connection.

912.2.4. The remote fire department connections shall be at a 30 degree downward angle to the ground and shall be at least 24 inches from the ground and no higher than 36 inches from the ground.

912.2.5. All fire department connections shall be located:

1. No more than 50 feet from fire department access lane and

2. No more than 100 feet from an accessible fire hydrant.

912.2.6. When barriers such as, but not limited to, ditches or fences are present, then access points shall be provided to maintain the 50 foot travel distance between the fire department connection and the fire department access road. Access points may consist of a gate or pathway, at grade, at least 4 feet wide.

912.2.7. ALL FDCs must be on the same side of the driveway/roadway as the accessible fire hydrant, so as not to block the driveway/roadway from further emergency vehicle access with fire hose, where applicable.

Subsection 912.5 Signs is amended to read as follows:

912.5 Signs

Subsection 912.5.1 A posted sign, meeting the requirements of the Fire Code Official must identify all fire department connections. See Fire Marshal's Office for requirements.

Subsection 912.5.2 All Sprinkler riser rooms/closets shall be identified with a sign on the door (minimum lettering size to be 3 inches.)

Subsection 1006.1.1 Restroom illumination required is hereby added and shall read as follows:

1006.1.1 Restroom Illumination Required. Emergency egress lighting shall be required in public restrooms that have more than 1 toilet/urinal fixture.

Subsection 1011.1.1 Exit sign letter color is hereby added and shall read as follows:

1011.1.1 Exit sign letter color. All new or replaced exit signs must have green letters for International safety consistency.

(Ord. No. 13,654, § 48, 12-14-17)

There is fixed and authorized payment of the cash amount of $250.00 for the arrest and conviction of any person found committing the crime of arson, as such offense is defined by V.T.C.A., Penal Code, at any place within the corporate limits.

(Code 1967, § 12-2)

(a) Notice of the arson reward shall be posted on eight-inch by 12-inch placards, mounted in wooden frames and protected by glass. The lettering shall be printed in clear and legible print and shall state the following:

ARSON REWARD

The City of Baytown, Texas, hereby offers a reward of TWO HUNDRED AND FIFTY DOLLARS ($250.00) for the arrest and conviction of any person or persons found guilty of committing the crime of ARSON within the corporate limits of said City of Baytown, Texas. This reward is a standing offer, and shall be paid out of the contingency fund of the City of Baytown, Texas.

THE CITY OF BAYTOWN, TEXAS

(b) These placards shall be placed in or on public buildings at the direction of the fire marshal with the approval of the city manager.

(Code 1967, § 12-3)

An arson investigation unit is created.

(Ord. No. 97, § 1, 10-24-50; Code 1967, § 12-31; Ord. No. 6175, § 1, 2-27-92)

The arson investigation unit shall investigate the cause, origin and circumstances of every fire occurring within the city by which property has been destroyed or damaged and shall especially make investigation as to whether such fire was the result of carelessness or design.

(Ord. No. 97, § 2, 10-24-50; Code 1967, § 12-33; Ord. No. 6175, § 3, 2-27-92)

(a) For the purpose of this division, the fire marshal shall take or cause to be taken the testimony, under oath, of all persons supposed to be cognizant of any facts or to have means of knowledge in relation to the matter under investigation and shall cause the testimony to be reduced to writing.

(b) The fire marshal is authorized and empowered to administer oaths and affirmations to any persons appearing as witnesses before him.

(Ord. No. 97, § 4, 10-24-50; Code 1967, § 12-34)

The fire marshal shall have the power to summon witnesses before him to testify in relation to any matter which is, by this division, a subject of inquiry and investigation and may require the production of any book, paper or document deemed pertinent thereto.

(Ord. No. 97, § 4, 10-24-50; Code 1967, § 12-35)

All investigations held by or under the direction of the fire marshal pursuant to this division may, in his discretion, be private. Persons other than those required to be present may be excluded from the place where such investigation is held, and witnesses may be kept separate and apart from each other and not allowed to communicate with each other until they have been examined.

(Ord. No. 97, § 4, 10-24-50; Code 1967, § 12-36)

If the fire marshal shall be of the opinion that there is evidence sufficient to charge any person with the crime of arson or with the attempt to commit the crime of arson or of conspiracy to defraud or criminal conduct in connection with such fire, he shall cause such person to be lawfully arrested and charged with such offense or either of them and shall furnish to the prosecuting attorney all such evidence, together with the names of witnesses and all of the information obtained by him, including a copy of all pertinent and material testimony taken in the case.

(Ord. No. 97, § 3, 10-24-50; Code 1967, § 12-37)

Under this division, any witness who refuses to be sworn or who refuses to appear or testify or who disobeys any lawful order of the fire marshal or who fails or refuses to produce any book, paper or document touching any matter under examination or who is guilty of any contemptuous conduct during any of the proceedings of the fire marshal in the matter under investigation or inquiry, after being summoned to give testimony in relation to any matter under investigation, shall be deemed guilty of a misdemeanor, and it shall be the duty of the fire marshal to cause all such offenders to be prosecuted.

(Ord. No. 97, § 4, 10-24-50; Code 1967, § 12-38)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Barriers or fire barriers means fire resistant structures designed to inhibit the spread of fires.

Ceiling structure means the interior surface at the top of a building or room and its supporting structures or members.

Construction types refers to the types of construction described in chapter 6 of the building code adopted in section 18-91.

Pallet means any structure or device on which tires are piled that prevents contact between the tires and the floor of the structure.

Pile means vertical stacking of tires, including tires stacked on pallets or in racks.

Protected or unprotected buildings refers to the structures with the applicable characteristics as described in chapter 6 of the building code adopted in section 18-91.

Racks means shelving, framework or stands in which tires are stored.

Smoke detection system means an automatic device designed, manufactured and installed to detect the presence of smoke or other indicia of fire and to give warning thereof by means of automatic electronic signal capable of being monitored by the fire department.

Sprinkler-type fire suppression system means an automatic device or series of devices designed, manufactured and installed for fire suppression or inhibition by means of spraying water or foam, which device is triggered or activated by heat, smoke or other indicia of open flame and which complies with the requirements of chapter 4 of the National Fire Prevention Association's Standard for Storage of Rubber Tires.

Tire means any tire, whether new or used, whether serviceable or unserviceable, made wholly or partially of rubber, which was manufactured for use on any vehicle propelled by a motor, including vehicles pushed or pulled by a vehicle propelled by a motor, regardless of whether such vehicle is intended for use on a public roadway, provided that such tire is not mounted upon a wheel or rim and in service upon or carried as a component spare part of a vehicle.

Tire storage or stored tires means receiving, collecting or storing tires for the purpose of selling, retreading, splitting, quartering, shredding or grinding, for disposal, resource recovery or recycling.

Tire storage area means an area of a building containing tire storage or stored tires and containing aisles or clearances required by this article.

(Code 1967, § 12-45; Ord. No. 6152, § 1, 2-13-92)

The following shall apply to all buildings in the city containing tire storage:

(1) Tires shall be stored in a safe and orderly manner;

(2) Pile height shall be no higher than 15 feet. Tires stored in racks or on pallets shall be stored no higher than 12 feet from floor level unless the fire official determines that adequate fire prevention measures have been taken that justify a higher rack or pallet height, in which case the permissible height shall be determined by the fire official. In no case shall pile height be greater than 36 inches below the lowest point of the ceiling structure;

(3) Aisles shall be maintained between piles to allow unobstructed access to piles. Aisle widths shall be determined by the fire official, except where otherwise required by this article;

(4) Stored tires shall be separated from heating or lighting devices or open flame by a distance of at least three feet or shall be shielded so that ignition cannot occur;

(5) Tires shall be stored so as not to obstruct ingress or egress to and from the structure in which they are stored. Exits and entrances shall be maintained to provide free and unobstructed ingress and egress from the structure at all times so as to be available for full and instant use in case of fire or other emergency;

(6) Handheld fire extinguishers shall be placed in easily accessible locations around the perimeters of the piles with no more than 75 feet of linear travel between each fire extinguisher. The fire extinguishers shall be no less than ten-pounds A, B, C rated fire extinguishers, maintained in good operating condition and approved by the fire official;

(7) No single pile shall occupy a volume in excess of 12,000 cubic feet; and

(8) All buildings or structures containing tire storage shall be limited to the maximum number of stories, according to construction types as follows:

a. Type I, four stories;

b. Type II, three stories;

c. Type III, two stories;

d. Type IV, two stories if protected; one story if unprotected;

e. Type V, two stories if protected; one story if unprotected; and

f. Type VI, one story.

(Code 1967, § 12-46; Ord. No. 6152, § 2, 2-13-92)

Tire storage structures in the city containing a tire storage area in excess of 500 square feet but less than 2,500 square feet or tire storage areas in excess of 2,500 square feet that are not required to be equipped with a sprinkler-type fire suppression system under subsection 38-164(1) shall be equipped with either a smoke detection system capable of being monitored by the fire department or a sprinkler-type fire suppression system approved by the fire official. However, if the storage structure was used for the purpose of tire storage and had obtained a building permit or occupancy permit for such use from the city inspections division on or before January 1, 1992, then this requirement shall not take effect until January 1, 1997.

(Code 1967, § 12-47; Ord. No. 6152, § 3, 2-13-92)

The following shall apply to all buildings in the city containing a tire storage area in excess of 2,500 square feet, except for buildings that were used for tire storage and had obtained a building permit or occupancy permit for such use from the city inspections division on or before January 1, 1992:

(1) All structures shall be equipped with a sprinkler-type fire suppression system approved by the fire official and capable of being monitored by the fire department; and

(2) All stored tires shall be segregated from all other stored tires or other flammable or combustible materials by complete enclosure within four-hour rated firewalls. The storage area required to be segregated shall be determined by construction types as follows:

a. Type I, 30,000 square feet;

b. Type II, 20,000 square feet;

c. Type III, 10,000 square feet;

d. Type IV, 10,000 square feet if protected; 7,500 square feet if unprotected;

e. Type V, 10,000 square feet if protected; 7,500 square feet if unprotected; and

f. Type VI, 4,000 square feet.

(Code 1967, § 12-48; Ord. No. 6152, § 4, 2-13-92)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Blaster means a person who:

(1) Either:

a. Detonates or otherwise effects the explosion of an explosive and is employed by a user; or

b. Personally supervises another engaged in that activity; and

(2) Holds the appropriate licenses, permits and credentials necessary to receive, possess, and use explosives in accordance with all applicable federal and state laws and regulations.

Explosive means any substance, or combination of substances, the primary or common purpose of which is detonation or rapid combustion and which is capable of a relatively instantaneous or rapid release of gas and heat.

The term "explosive" includes, but is not limited to, the following:

(1) Explosives as defined in Title 18 of the United States Code;

(2) Dynamite, nitroglycerine, picric acid, lead azide, fulminate of mercury, propellant explosives, detonating primers, blasting caps, commercial boosters, ammonium nitrate-fuel oil mixture (blasting agent), or any explosives as defined in Section 841 of Title 18 of the United States Code and published pursuant to Section 555.23 of Title 27 of the Code of Federal Regulations; and

(3) Substances determined to be division 1.1, 1.2, 1.3, 1.5 or 1.6 explosives as classified in Section 173.50 of Title 49 (1999) of the Code of Federal Regulations.

The term "explosive" does not include the following:

(1) Small arms ammunition, 50 pounds or less of black powder or smokeless small arms powder, 25,000 small arms ammunition percussion caps or primers used for small arms;

(2) Products being transported on any railway, navigable waters, or federal highway which is compliant with United States Department of Transportation regulations for their safe transport; or

(3) Energetic materials used by military or licensed public safety explosive ordinance disposal technicians or law enforcement officers in the execution of their sanctioned training or official duties.

Fire chief shall mean the chief of the city's fire department.

Fireworks means any composition or device:

(1) Designed for entertainment to produce a visible or audible effect by combustion, explosion, deflagration, or detonation; and

(2) Listed by Section 555.23 of Title 27 of the Code of Federal Regulations as Division 1.4, commonly referred to as Class 1.4G explosives.

The term "fireworks" does not include the following:

(1) A toy pistol, toy cannon, toy gun, or other device that uses paper or plastic caps in sheets, strips, rolls, or individual caps that contain not more than an average of 25 hundredths of a grain of explosive composition per cap and that is packed and shipped under 49 C.F.R. Part 173 (1996);

(2) A model rocket or model rocket motor designed, sold, and used to propel recoverable aero models;

(3) A propelling or expelling charge consisting of a mixture of sulfur, charcoal, and potassium nitrate;

(4) Novelties or trick noisemakers;

(5) Pyrotechnic signaling devices or distress signals for marine, aviation, or highway use in emergency situations;

(6) A fusee or a railway torpedo by a railroad;

(7) Small arms ammunition, black powder or smokeless small arms powder used for loading small arms ammunition; or

(8) The sale of blank cartridges for:

a. Use in a radio, television, film, or theater production;

b. A signal or ceremonial purpose in an athletic event; or

c. An industrial or construction purpose.

Fireworks 1.3G means a large fireworks device:

(1) Primarily designed to produce visible or audible effects by combustion, deflagration, or detonation; and

(2) Classified as a 1.3G explosive by the department in 49 C.F.R. Part 173 (1996).

Fireworks 1.4G means a small fireworks device:

(1) Primarily designed to produce visible or audible effects by combustion, deflagration, or detonation;

(2) That complies with the construction, labeling, and chemical composition requirements of the United States Consumer Product Safety Commission in 16 C.F.R. Part 1507 (1996), or the most recently adopted version of that rule; and

(3) That is classified by the department in 49 C.F.R. Part 173 (1996).

Items classified as 1.4G explosives are consumer fireworks allowed by federal law or regulations to be sold for use by the general public. These are formerly known as "Class C common fireworks."

Flame effects means a stationary or hand-held device of solid, liquid, or gas, designed specifically to produce an open flame when ignited to display a thermal, physical, visual, or audible phenomenon as defined in NFPA Standard 160. Such devices include paraffin wax candles, LPG candles, torches, and LPG burners.

Flame effects operator means an individual who, by experience, training, or examination, has demonstrated the skill and ability to safely assemble, conduct, or supervise flame effects in accordance with V.T.C.A., Occupations Code, § 2154.253.

Instantaneous or rapid release means substance, or combination of substances, when ignited, burn at rates faster than the speed of sound (1,116 feet per second or 340 meters per second at sea level on a standard day).

Jurisdiction shall mean and include the territory within the city's limits and territory within 5,000 feet outside of the city's limits.

NFPA Standard 1126 means the edition of the National Fire Protection Association, Standard 1126, "Standard for the Use of Pyrotechnics before a Proximate Audience."

NFPA Standard 160 means the edition of the National Fire Protection Association, Standard 160, "Standard for Flame Effects Before an Audience."

Pyrotechnic operator means 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.

Pyrotechnic special effects operator means 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.

Pyrotechnics mean devices or products which use controlled exothermic chemical reactions that are timed to create the effects of heat, gas, sound, dispersion of aerosols, emission of visible electromagnetic radiation, or a combination of these effects to provide the maximum effect from the least volume. Pyrotechnics are commonly used in the entertainment, music, theatrical, video and movie industries to create visible and/or audible special effects. The term "pyrotechnics" does not include the use of a pyrotechnic device by a military or law enforcement organization in the execution of their sanctioned training or official duties.

Pyrotechnician is a person who currently holds one or more of the following licenses issued by the state fire marshal's office:

(1) Pyrotechnic operator's license;

(2) Pyrotechnic special effects operator's license; or

(3) Flame effects operator's license.

User means a person who, as the final consumer, uses an explosive.

(Ord. No. 12,875, § 2, 5-28-15)

Except as provided in this article, it shall be unlawful for any person to manufacture, store, sell, distribute, possess or offer for sale or distribution any kind or character of explosives, pyrotechnics, fireworks, firecrackers, torpedoes, sky rockets, Roman candles, or any other similar thing within the city limits.

(Ord. No. 12,875, § 2, 5-28-15; Ord. No. 12,883, § 1, 6-25-15)

Except as provided in this article, it shall be unlawful for any person without a permit, to:

(1) Ignite, detonate, cast, throw, discharge or explode any, firecracker, torpedo, sky rocket, Roman candle or any other similar firework or to cause to be ignited, detonated, cast, thrown, discharged, or exploded any substance of an explosive or pyrotechnical nature above, below, within, or upon any land, structure, body of water, or any other place within the jurisdiction;

(2) Ignite, detonate, or cause to be ignited or detonated, any pyrotechnic charge or device above, below, within or upon any land, structure, body of water or any other place within the jurisdiction; or

(3) Detonate, or cause to be detonated any explosive above, below, within or upon any land, structure, body of water or any other place within the jurisdiction.

(Ord. No. 12,875, § 2, 5-28-15)

This division shall not apply to:

(1) A display of fireworks made under the terms and conditions of this article if such display is properly permitted by the fire chief upon compliance with this article.

(2) A pyrotechnical use made under the terms and conditions of this article, when such display is properly permitted by the fire chief upon compliance with this article.

(3) Use of explosives for a controlled demolition of a structure made under the terms and conditions of this article, when such demolition is permitted upon compliance with this article.

(Ord. No. 12,875, § 2, 5-28-15)

Any person violating any provision of this article shall, upon conviction be punished by a fine as provided in section 1-14.

(Ord. No. 12,875, § 2, 5-28-15)

Any person desiring to engage in conduct described by section 38-193 must first make application to the fire chief for a fireworks, pyrotechnics, or explosives use permit at least 14 calendar days prior to the date of the proposed display or pyrotechnic use and at least 30 calendar days for the use of explosives. Applications must be verified under oath on forms supplied by the fire chief and shall include or be accompanied by the following information:

(1) Date of the application;

(2) Name, address, email address and phone number of the applicant;

(3) Name, address, email address and cell phone number of the applicant's emergency contact;

(4) Type of permit sought;

(5) Description of materials to be used along with a detailed explanation of the process and method to be used;

(6) Location, type and description of structure to be demolished if an explosives use permit is sought;

(7) Name, address, email address and phone number of owner of the property where the display or use will be conducted along with a signed and notarized statement of authorization for the display or use;

(8) Name, address, email address, phone number of all applicable federal and state permittees or licensees, including their permit or license type, and permit or license number and copy of their current permit(s) or license(s) together with their state issued driver's license or identification card;

(9) Name, address, email address and cell phone number of the applicant's emergency contact;

(10) Scale site plan depicting the following as applicable:

a. The specific site where the fireworks display will be fired or launched, including all properties, structures, streets/roads, fire hydrants, bodies of water and other significant terrain features within 1,000 feet of the site from which the fireworks will be launched;

b. The features of the structure where the pyrotechnics display is to be triggered including all tables, stages, seating, aisles, columns or other obstructions to egress, all required exits and means of egress such as steps, stairs, elevators, hallways or other exiting components, the locations of all air conditioning, electrical, gas, water and fire sprinkler shutoffs, all fire and security alarm control and annunciator panels, all fire department connections for the fire sprinkler system and all fire hydrants located within 400 feet of any exterior portion of the structure where the pyrotechnical display is requested; or

c. The specific site where the structure will be demolished, including all properties, structures, fire hydrants, telephone poles, pipelines, streets/roads, bodies of water and any other significant terrain features within 1,500 feet of any portion of the exterior of that structure.

(11) Proposed safety plan for on and off-site risks and actions;

(12) Proposed traffic plan;

(13) The date and commencement time and the ending time of the fireworks or pyrotechnic display or use of explosives;

(14) An insurance certificate meeting the requirements of section 38-203;

(15) A non-refundable application fee as established in section 2-595 of this Code;

(16) A sworn statement or affirmation by the applicant that the information provided in the application is true and correct; and

(17) Any and all additional information, drawings, pictures, designs, specifications, documents or other details that the fire chief shall request in support of his assessment of the public and life safety risks of the requested display or compliance with the conditions for a permit as set forth in this article.

(Ord. No. 12,875, § 2, 5-28-15)

(a) Fireworks or pyrotechnics permit. If, after an application for a fireworks or pyrotechnics permit is filed in accordance with section 38-201, the fire chief determines that:

(1) The application complies in all respects with the terms of this article; and

(2) The proposed display, use or detonation of fireworks or pyrotechnics:

a. Will not create a nuisance;

b. Will not be contrary to public safety, hazardous to property or dangerous to any person;

c. Will comply with all respects with this article; and

d. Is acceptable after considering the following factors:

1. The location of the display, use or detonation;

2. The amount of fireworks or pyrotechnics to be used; and

3. The pendency of other activities at and adjacent to the property on which the fireworks or pyrotechnics will be used;

The fire chief will approve the application or approve the application with those conditions and restrictions that the fire chief deems necessary to ensure the public safety. If the application is approved, a permit shall be issued for the display, use, ignition or detonation by the fire chief. Such permit shall be for a period of time designated on the permit, but shall not exceed ten calendar days. If the application is denied, the fire chief shall notify the applicant of the denial and the reasons therefor in writing.

(b) Explosives permit. If, after an application for an explosives permit is filed in accordance with section 38-201 and after receiving input from the city engineer and the city's emergency manager, the fire chief determines that:

(1) The application complies in all respects with the terms of this article; and

(2) The proposed use or detonation of explosives:

a. Will not create a nuisance;

b. Will not be contrary to public safety, hazardous to property or dangerous to any person;

c. Will comply with all respects with this article; and

d. Is acceptable after considering the following factors:

1. The location of the display, use or detonation;

2. The amount of fireworks or pyrotechnics to be used; and

3. The pendency of other activities at and adjacent to the property on which the fireworks or pyrotechnics will be used;

The fire chief will approve the application or approve the application with those conditions and restrictions that the fire chief deems necessary to ensure the public safety. If the application is approved, a permit shall be issued for the display, use, ignition or detonation by the fire chief. Such permit shall be for a period of time designated on the permit, but shall not exceed ten calendar days. If the application is denied, the fire chief shall notify the applicant of the denial and the reasons therefor in writing.

(c) Non-transferability. A permit issued under this article is not transferable, assignable or divisible and it is a violation of this article for any person to attempt to do so.

(Ord. No. 12,875, § 2, 5-28-15)

(a) Insurance.

(1) Fireworks or pyrotechnics permit. An applicant for a fireworks or pyrotechnics permit shall, at the time of making application and throughout the term of any resulting permit, maintain the following insurance coverages in full force and effect:

a. Workers compensation insurance with statutory limits and a waiver of subrogation in favor of the city;

b. Commercial general liability insurance with an aggregate of at least $1,000,000.00 per occurrence and at least 3,000,000 aggregate; and

c. Automobile liability insurance of no less than $1,000,000.00 combined single limits.

(2) Explosives permits. An applicant for an explosives permit shall, at the time of making application and throughout the term of any resulting permit, maintain the following insurance coverages in full force and effect:

a. Workers compensation insurance with statutory limits and a waiver of subrogation in favor of the city;

b. Commercial general liability insurance with an aggregate of at least $3,000,000.00 per occurrence and at least 5,000,000 aggregate; and

c. Automobile liability insurance of no less than $1,000,000.00 combined single limits.

(3) General requirements. The following is applicable to all policies required by this section:

a. General liability insurance shall be written by a carrier with an A:VIII or better rating in accordance with the current Best Key Rating Guide.

b. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted.

c. Deductibles shall be listed on the certificate of insurance and are acceptable only on a per occurrence basis.

d. Claims made policies will not be accepted.

e. The City of Baytown, its officials, employees and volunteers, are to be added as "additional insured" to all liability policies. The coverage shall contain no special limitations on the scope of protection afforded to the owner, its officials, employees or volunteers.

f. If the operator receives notice that any insurance policy required herein is suspended, voided, cancelled, reduced in coverage or in limits, the permittee shall provide the city prompt written notice by certified mail, return receipt requested.

g. Upon request, certified copies of all insurance policies shall be furnished to the City of Baytown.

h. Certificates of insurance must be delivered to the fire chief, evidencing all the required coverages, including endorsements, prior to the issuance of permit under this article and must be updated prior to the policy termination or cancellation date.

i. Any failure on part of the city to request required insurance documentation will not constitute a waiver of the insurance requirement specified herein.

j. During the term of the permit issued under this article, the permittee will report, in a timely manner, to the fire chief any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss.

(b) Indemnity. Any permit issued under this article shall not be effective unless it contains the following:

Permittee agrees to and shall indemnify, hold harmless and defend, the city, its officers, agents and employees, collectively referred to as "city," from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs, and attorneys' fees for injury to or death of any person, or for damage to any property, arising out of or in connection with the operations permitted herein, where such injuries, deaths or damages are caused by the concurrent negligence of the city and permittee and/or by the joint or sole negligence of the permittee. It is the expressed intention of the parties hereto, both permittee and the city, that the indemnity provided for in this paragraph is an indemnity by permittee to indemnify, protect and defend the city from the consequences of the city's own negligence, where that negligence and permittee's negligence are concurring causes of the injury, death or damage; and/or the permittee's joint and sole negligence. Furthermore, the indemnity provided for in this paragraph shall have no application to any claim, loss, damage, cause of action, suit and liability where the injury, death or damage results from the sole negligence of the city unmixed with the fault of any other person or entity.

In the event that any action or proceeding is brought against the city by reason of any of the above, permittee further agrees and covenants to defend the action or proceeding by legal counsel acceptable to the city. This indemnity shall survive the revocation or expiration of the permit.

(c) Bond. Before a permit is issued under this article, the applicant shall be required to tender to the city a $100,000.00 cash bond or other form of security acceptable to the city, the purpose of which is (i) to protect the city from any damages to traffic signs/markers, roads, bridges, drainage facilities, rights-of-way, and infrastructure owned by the city caused, in whole or in part, by permittee's operations and (ii) to ensure the safe removal, disposal and remediation of hazardous conditions caused, in whole or in part, by permittee's operations. In the event the city, at its sole and exclusive option, determines that any repairs or remediation is required as a result of applicant's operations, the city shall make such repairs or perform such remediation activities and deduct the cost thereof from the cash bond amount without further notice to permittee. The city shall provide permittee a monthly accounting of all repairs and deductions made to the cash bond, which accounting shall be made only if a deduction has been made for which no prior accounting has been tendered. Upon expiration of one year from the effective date of the permit, the city shall refund any balance of the cash bond to permittee, upon written application for same. Should the costs to repair or replace damaged property exceed the amount of the cash bond, permittee shall reimburse the city for such costs within 30 days of the receipt of invoice. Costs not timely paid shall accrue interest at the rate of one percent per month.

(Ord. No. 12,875, § 2, 5-28-15)

(a) A violation of this article or any condition of a permit issued under this article shall constitute an immediate and emergency hazard to the public's safety. The fire chief has sole discretion to order the fireworks, pyrotechnics or explosives use or display immediately terminated and to revoke any such permit issued.

(b) Any permit for use or display of fireworks, pyrotechnics and/or explosives, which has been revoked for failure to adhere to requirements of the permit or failure to comply with this article, shall not be reinstated or re-issued and all fees, charges or costs paid for said permit shall be forfeited.

(c) Any permittee whose permit has been revoked shall be ineligible for any new permits authorized under this article for no less than 180 calendar days from the date of the revocation ordered herein.

(d) Any permittee, who has been ordered to terminate a fireworks, pyrotechnics or explosives use or whose permit has been revoked in accordance with subsection (a), shall immediately and safely remove all fireworks, pyrotechnics and explosives from the jurisdiction. Should permittee fail to do so, the fire chief shall safely remove all fireworks, pyrotechnics and explosives from the jurisdiction at the permittees expense, which expense may be deducted from the bond posted in accordance with section 38-203.

(Ord. No. 12,875, § 2, 5-28-15)

(a) Under this article, any person aggrieved by the decision of the fire chief for denial or revocation of a permit may appeal such decision to the city manager by filing a written appeal with the city clerk within ten days after the fire chief issues notice of the denial or revocation.

(b) An appeal shall not stay the fire chief's decision on the denial or revocation of a license.

(c) The written request for an appeal shall set out in detail the grounds on which the denial or revocation is challenged.

(d) If an appeal is properly filed, the city manager shall hold a hearing, wherein he will receive oral and written testimony regarding the permit denial or revocation.

(e) After hearing the appeal and considering oral and written testimony, the city manager may uphold, modify or reverse the decision of fire chief. The decision of the city manager shall be final and binding upon the city and the permittee.

(Ord. No. 12,875, § 2, 5-28-15)

(a) Any fireworks display authorized under this article shall be limited to an aerial display. The range of the aerial display shall not be more than 200 feet, and the fireworks shall be discharged vertically from launchers which meet NFPA 1126 "Standard for the Use of Pyrotechnics Before a Proximate Audience."

(b) Any pyrotechnics display shall be conducted outdoors unless an indoor pyrotechnics display is:

(1) Conducted inside a structure having an approved, operational NFPA 13 compliant fire sprinkler system throughout the structure; and

(2) Approved by the fire chief as noted on the permit.

(Ord. No. 12,875, § 2, 5-28-15)

(a) No permitted fireworks display shall commence prior to 1:00 p.m. or later than 10:00 p.m. However, fireworks displays may commence between the hours of 10:00 p.m. and 11:59 p.m. on December 31 of any year and between the hours of 12:00 midnight and 1:00 a.m. on January 1 of any year if such displays comply with all other requirements of this Code. Any display authorized by this article shall be completed within one hour after the time the display commences, and no permit shall authorize more than one display in a 24-hour period.

(b) No permitted pyrotechnics display shall occur prior to 6:00 a.m. or after 11:59 p.m. on any day, unless the fire chief has approved a pyrotechnics display inside of a structure between the hours of 6:00 a.m. and 2:00 a.m. the next day. No permit shall authorize more than one display within a 24-hour period.

(c) No permitted explosives shall be detonated prior to 7:00 a.m. or after 2:00 a.m., unless the fire chief has approved a detonation prior to or after those hours will serve the public safety.

(Ord. No. 12,875, § 2, 5-28-15)

(a) Fireworks or pyrotechnics. The material to be used for a fireworks or pyrotechnics display authorized by this article shall not be stored within the jurisdiction but shall be brought in on the day of the display or use and shall be taken immediately to the place of display or use for further handling and storage.

(b) Explosives. Explosives to be used for a controlled demolition shall not be stored within the jurisdiction prior to their placement in the structure to be demolished. No explosives shall be brought into the jurisdiction until the measures set forth in this section, and any others required by the police chief, have been installed and approved by the city's police chief.

(Ord. No. 12,875, § 2, 5-28-15)

(a) Fireworks or pyrotechnics use or display shall not be of such a character and so located, discharged, launched or ignited as to be hazardous or dangerous to persons or property as determined in the sole discretion of the fire chief.

(b) Explosives shall not be permitted to be used for the purposes of mining, underground or underwater, surface or aerial testing, weapons testing, excavation, or any other purposes within the jurisdiction, except as provided in this article.

(Ord. No. 12,875, § 2, 5-28-15)

(a) Any person handling the display of fireworks or pyrotechnics authorized under this article shall be over the age of 18 and shall be an experienced pyrotechnic operator licensed and/or approved by the state fire marshal and the federal bureau of alcohol, tobacco, firearms and explosives. Any person not meeting these qualifications shall not possess, handle, ignite or detonate any fireworks, pyrotechnics or explosives. The names of the approved fireworks or pyrotechnic operators shall be designated on the permit issued.

(b) Any person receiving, transporting, possessing or using any permitted explosive under this article shall be over the age of 18 and shall be licensed and/or approved by the state fire marshal and the federal bureau of alcohol, tobacco, firearms and explosives in accordance with the requirements of Title 18 of the United States Code, Article 40. The names of the approved blasters shall be designated on the permit issued.

(Ord. No. 12,875, § 2, 5-28-15)

(a) Fireworks. At each permitted display of fireworks authorized under this article, at least: one city fire engine company, one city transport ambulance, and three city police officers, shall be on site at least one hour prior to, during, and at least one hour after the display.

(b) Pyrotechnics. At each permitted display or use of pyrotechnics authorized under this article, whether inside or outdoors, not less than two city firefighters and two city police officers shall be in attendance at least one hour prior to, during, and for at least one hour after the display or use has ended.

(c) Explosives. Prior to the placement of any explosives in a structure to be demolished, the structure shall be secured by a minimum of a six-foot high, chain link fence that completely encircles the entirety of the structure and is at least 50 feet from any portion of that structure. The exterior of that structure and enclosed perimeter shall be lit by high intensity portable lights as approved by the city's police chief and each gate or opening in that security fence shall be staffed 24 hours a day by a state licensed, armed security. In addition, at least two Baytown police officers will be assigned to patrol the perimeter of the site 24 hours a day. These lighting, gate and perimeter security measures shall remain in effect until the detonation has occurred and the site has been inspected and certified free of undetonated explosives, by the permittee.

(d) Costs for on-site public safety personnel and measures. The total expense of such firefighters, fire equipment, ambulances, police officers, police vehicles, fencing, lighting, and all private security equipment, measures and forces required to be on site by this article or as required by the fire chief or police chief shall be borne solely by the applicant and estimated costs from the city's fire and police departments for their personnel and equipment shall be paid in advance at the time of the receipt of the permit. The permittee is required to reimburse the city for all of the actual costs for all personnel at hourly overtime rates, equipment and vehicles at hourly rates as set forth by the city. All such costs shall be paid to the city within 30 days of receipt of an invoice therefor.

(Ord. No. 12,875, § 2, 5-28-15)

(a) Written notice. Permittee shall notify in writing each owner, resident and/or business located within 1,000 feet of its planned display or use of fireworks or pyrotechnics, or explosives 24 to 48 hours prior to such display or use. Permittee shall also provide to such owner, resident, and/or business, in writing, the name of permittee's insurance carrier, the types and amount of insurance covering its proposed operations, the name and telephone number of an individual to contact in case of a claim for personal injury or property damage, and the procedure for obtaining a copy of permittee's insurance certificate.

(b) Published notification. Not more than 15 days or less than ten days prior to use of fireworks, outdoor pyrotechnics or explosives, permittee shall place newspaper an advertisement in the official newspaper of the city of not less than three inches by four inches describing the use of fireworks, outdoor pyrotechnics or explosives, the location of the use, and a toll-free telephone number where residents may call for more information.

(c) Utility notification. Whenever explosives are to be used in the vicinity of gas, electric, water, fire alarm, telephone, telegraph or stream utilities, the permittee shall notify the appropriate representatives of such utilities at least 24 hours in advance of commencement of operations specifying the location and intended time of such activity.

(d) Sign notification. Within 24 hours of the issuance of an explosives permit, permittee shall place signs on the property giving the public notice of the activities, including the name, address and 24-hour phone number of the person conducting the activities. The sign must be located within ten feet of the property line bordering a public highway, street, or road and must be constructed of durable material, maintained in good condition and have a surface area of not less than two square feet or more than four square feet. Lettering must not be less than three inches in height and block print, in a solid color that contrasts with the background. No permanent markings shall be made on trees, roads or any property not belonging to the operators, nor shall any signs be attached to tree in any fashion.

(Ord. No. 12,875, § 2, 5-28-15)