04-098 - O TOWN OF PROSPER ORDINANCE NO. 04-98
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS REPEALING
ORDINANCE NOS. 89-3, 96-10, 97-10, 99-22 AND 01-14; ADOPTING
THE 2003 EDITION OF THE INTERNATIONAL FIRE CODE AND
ADOPTING AMENDMENTS THERETO; PRESCRIBING
REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE
AND PROPERTY FROM FIRE, HAZARDOUS MATERIALS, AND
EXPLOSIONS; PROVIDING FOR REPEALING SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE
OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF
THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has
investigated and determined that it would be advantageous and beneficial to the citizens of
the Town of Prosper, Texas ("Prosper") to adopt the 2003 Edition of the International Fire
Code, with the amendments set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF TOWN OF
PROSPER, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated
into the body of this Ordinance as if fully set forth herein.
SECTION 2: Repeal of Ordinance Nos. 89-3, 96-10, 97-10, 99-22 and 01-14.
Town of Prosper Ordinance Nos. 89-3, 96-10, 97-10, 99-22 and 01-14 are hereby repealed
in their entirety; but such repeals shall not abate any pending prosecution for violation of a
repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance
SECTION 3: Adoption of the 2003 International Code. The International Fire
Code, 2003 Edition, copyrighted by the International Code Council, Inc., including all
Regular Chapters and Appendix Chapters, save and except the deletions and amendments
as set forth herein, is hereby adopted as the fire code for Prosper("Fire Code"), prescribing
regulations governing the safeguarding of life and property from fire and explosion hazards
arising from the storage, handling and use of hazardous substances, materials and
devices, and from conditions hazardous to life and property in the occupancy of buildings
and premises as herein provided; providing for the issuance of permits and collection of
fees therefore; and each and all of the regulations, provisions, penalties, conditions, and
terms of said Fire Code in Prosper. A copy of the 2003 International Fire Code being
marked and designated as such shall be on file in the office of the Town Secretary of
Prosper.
SECTION 4: Amendment to the 2003 International Fire Code. The following
Sections and Appendix of the 2003 International Fire Code are hereby changed, added or
deleted as follows:
102.4 Application of other codes. The design and construction of new structures shall
comply with this code, and other codes as applicable. Repairs, alterations and additions to
existing structures shall comply with this code and the International Building Code.
102.6 Referenced codes and standards. The codes and standards referenced in this code
shall be those that are listed in Chapter 45 and such codes, when specifically adopted, and
standards shall be considered part of the requirements of this code to the prescribed extent
of each such reference. Where differences occur between the provisions of this code and
the referenced standards, the provisions of this code shall apply. 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. Any reference to
NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted.
105.1 .1 .1 Permits and fees (Residential and Commercial). Fees shall be assessed and
collected upon request for any of the following in the specified amounts:
Fire Alarm Permit (New): $10.00 for every $1 ,000 in valuation of project, $30.00
minimum, plus one-half of the Fire Plan Review Fee (See below) and in addition, if
necessary, electrical inspection fee of $50.00.
Fire Alarm Permit (Addition or Alteration): $10.00 for every $1 ,000 in valuation of
project, $30.00 minimum, plus, if necessary, electrical inspection fee of $50.00.
Fire Suppression Permit (New): $5.00 for every $1 ,000 in valuation of the project,
$25.00 minimum and the Fire Plan Review Fee (See below). Fee is based upon the gross
square footage of the structure.
Fire Suppression Permit(Addition of Alteration): $5.00 for every$1 ,000 in valuation
of the project, $25.00 minimum.
Residential Automatic Sprinkler System (new): $ 75.00
Residential Automatic Sprinkler System (addition or alteration): $ 50.00
Residential Fire Alarm System (including water flow): $ 50.00
Fire Plan Review Fees (Commercial):
(Square footage is based on gross square footage of the structure)
0-100,000 square feet: $0.02 per square foot of building area
100,001-300,000 square feet: $2,000.00 for the first 100,000 square feet plus $0.017
for each additional square ft of area of fraction thereof
300,001 + square feet: $5,400.00 for the first 300,000 square feet plus $0.01 for each
additional square foot of area or fraction thereof
Fire Department Inspections:
After Hour Inspections $50.00 per hour (minimum charge of two (2)
hours)
Fireworks Display $250.00 per event plus standby personnel if
required by the Fire Chief
Flammable Liquid Storage Tanks $250.00
LP Gas Stationary Tank $250.00
LP Portable Container Site (retail) $250.00
Theatrical Pyrotechnics Effects $100.00 per event plus standby personnel if
required by the Fire Chief
Above Ground Storage Tank-Removal $100.00
Repair of Existing Tank $100.00
Underground Storage Tank-New $250.00
Underground Storage Tank-Removal $150.00
Mechanical Trench Burn $75.00
Limited Access Gates/Mag-Lock Doors $75.00 per system + electrical inspection if
needed
Re-inspection fees $50.00 payable prior to scheduling of re-
inspection
Special Suppression Systems $50.00
(Cooking/Kitchens)
Use of outside consultants for fire plan
review, inspections, or both Actual costs of service(s)
202 Definitions.
FIRE WATCH. A temporary measure intended to ensure continuous and systematic
surveillance of a building or portion thereof by one or more qualified individuals or standby
personnel when required by the fire code official, for the purposes of identifying and
controlling fire hazards, detecting early signs of unwanted fire, raising an alarm of fire and
notifying the fire department.
FLOOR AREA, GROSS. The floor area, as measured along the outside perimeter
of the building under construction without deduction for corridors, stairways, closets, the
thickness of interior walls, columns, courts, porches, garages, covered decks, pone
cochere, drive thru, drive in, or other feature(s). The floor area of a building, or portion
thereof, not provided with surrounding exterior walls, shall be the useable area under the
horizontal projection of the roof or floor area above. The gross floor area shall include
shafts with no openings and or other types of service space(s).
HIGH-RISE BUILDING. A building having any floors used for human occupancy
located more than 55 feet (16 764mm) above the lowest level of fire department vehicle
access.
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.
STANDBY PERSONNEL. Qualified fire service personnel, approved by the Fire
Chief. When utilized, the number required shall be as directed by the Fire Chief. Charges
for utilization shall be as normally calculated by the jurisdiction
307.2 Permit required. A permit shall be obtained from the fire code official in accordance
with Section 105.6 prior to kindling a fire for recognized silvicultural or range or wildlife
management practices, prevention or control of disease or pests, or open burning.
Application for such approval shall only be presented by and permits issued to the owner of
the land upon which the fire is to be kindled.
Examples of state or local law, or regulations referenced elsewhere in this section may
include but not be limited to the following:
1. Texas Commission on Environmental Quality guidelines and/or restrictions.
2. State, County or Local temporary or permanent bans on open burning.
3. Local written policies as established by the Code Official.
307.3 Location. The location for open burning shall not be less than three hundred feet
(300') (91 440 mm) from any structure, and provisions shall be made to prevent the fire
from spreading to within three hundred feet (300') (91 440 mm) of any structure.
307.3.3 Trench Burns. Trench burns shall be conducted in air curtain trenches and in
accordance with Section 307.2.
307.4 Attendance. Open burning, trench burns, bonfires or recreational fires shall be
constantly attended until the fire is extinguished. A minimum water source consisting of a
garden hose or water truck shall be available for immediate utilization. Standby personnel
may be required by the Fire Chief or Fire Official.
308.3.1 Open-flame cooking devices. Charcoal burners and other open-flame cooking
devices shall not be operated or located on combustible balconies or within ten feet (10')
(3048 mm) of combustible construction.
Exceptions:
a. One- and two-family dwellings.
b. Where buildings, balconies and decks are protected by an approved
automatic sprinkler system.
308.3.1.1 Liquefied-petroleum-gas-fueled cooking devices. When permitted as listed in the
exceptions of Section 308.3.1, LP-gas burners having an LP-gas container with a water
capacity greater than 2.5 pounds[nominal 1 pound (0.454 kg) LP-gas capacity]shall not be
located on combustible balconies or within 10 feet(3048 mm)of combustible construction.
Exception: One- and two-family dwellings, and other residential occupancies when
those residential occupancies are in compliance with Section 308.3.1, exception#2,
may have containers with a water capacity not greater than 20 pounds (9.08 kg)
[nominal 1 pound (0.454 kg) LP-gas capacity
405.1 General. Emergency evacuation drills complying with the provisions of this section
shall be conducted in the occupancies listed in Table 405.2 or when required by the fire
code official. Drills shall be designed in cooperation with the local authorities.
408.5.4 Drill frequency. Emergency evacuation drills shall be conducted at least twelve
times per year, four times per year on each shift.
503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided
for every facility, building or portion of a building hereafter constructed or moved into or
within the jurisdiction. The fire apparatus access road shall comply with the requirements
of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility
and all portions of the exterior walls of the first story of the building as measured by an
approved route around the exterior of the building or facility. Except for single- or two-
family residences, the path of measurement shall be along a minimum of a ten foot wide
unobstructed pathway around the external walls of the structure.
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not
less than 24 feet(7315mm), except for approved security gates in accordance with Section
503.6, and an unobstructed vertical clearance of not less than 14 feet (4267 mm).
Exception: Vertical clearance may be reduced; provided such reduction does not
impair access by fire apparatus and approved signs are installed and maintained
indicating the established vertical clearance when approved.
503.2.2 Authority. The fire code official shall have the authority to require an increase in
the minimum access widths and vertical clearances where they are inadequate for fire or
rescue operations.
503.2.3 Surface. Fire apparatus access roads and Fire Lanes shall be designed,
constructed and maintained, within established parameters as set forth by the Town of
Prosper streets construction and installation guidelines.
503.3 Marking. Approved striping or, when allowed by the code official, signs, or both,
shall be provided for fire apparatus access roads to identify such roads or prohibit the
obstruction thereof. Signs and striping shall be maintained in a clean and legible condition
at all times and is replaced or repaired when necessary to provide adequate visibility.
(1) Striping - Fire apparatus access roads shall be marked by painted lines of red
traffic paint six inches (6") in width to show the boundaries of the lane. The words
"NO PARKING FIRE LANE"or"FIRE LANE NO PARKING"shall appear in four inch
(4") white letters at twenty-five foot(25') intervals on the red border markings along
both sides of the fire lanes. Where a curb is available, the stripping shall be on the
vertical face of the curb.
(2) Signs - Signs shall read "NO PARKING FIRE LANE" or "FIRE LANE NO
PARKING" and shall be twelve inches (12") wide and eighteen inches (18") high.
Signs shall be painted on a white background with letters and borders in red, using
not less than two inch (2") lettering. Signs shall be permanently affixed to a
stationary post and the bottom of the sign shall be six feet, six inches (6'-6") above
finished grade. Signs shall be spaced not more than fifty feet (50') apart. Signs
may be installed on permanent buildings or walls or as approved by the Fire Chief.
503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall
not be obstructed in any manner, including the parking of vehicles. The minimum
widths and clearances established in Section 503.2.1 and any area marked as a fire
lane as described in Section 503.3 shall be maintained at all times. The use of traffic
control devices such as speed bumps and/or speed humps, or similar shall not be used.
704.1 Enclosure. Interior vertical shafts, including but not limited to stairways, elevator
hoist ways, service and utility shafts, that connect two or more stories of a building shall be
enclosed or protected in accordance with the codes in effect at the time of construction but,
regardless of when constructed, not less than as specified in Table 704.1. When openings
are required to be protected, openings into such shafts shall be maintained self-closing or
automatic-closing by smoke detection. Existing fusible-link-type automatic door-closing
devices are permitted if the fusible link rating does not exceed one hundred thirty five (135)
degrees Fahrenheit.
803.3.2 and 803.4.2 (additional exception).
Exception: Corridors protected by an approved automatic sprinkler system
installed in accordance with Section 903.3.1.1 shall be limited to fifty (50) percent
of the wall area.
804.1.1 (additional exception).
Exceptions:
1. {Existing exception unchanged}
2. Trees shall not be prohibited inside private dwelling units of Group R-2
Occupancies
901 .7 Systems out of service. Where a required fire protection system is out of service
or in the event of an excessive number of activations, the fire department and the code
official shall be notified immediately and, where required by the code official, the
building shall either be evacuated or an approved fire watch shall be provided for all
occupants left unprotected by the shut down until the fire protection system has been
returned to service.
902.1 Definitions (under "Standpipe, Types of" definition, add the following sentence to
definition of "manual dry").
The system must be supervised as specified in Section 905.2.
903.2 Where required.
The Exception is deleted and add the following sentence:
In addition to the requirements set forth for installation of automatic sprinkler systems
for new construction, any existing structure which is established outside the current
incorporated limits of the Town of Prosper and is annexed into the Township shall be
brought up to current code standards, including the installation of an approved
automatic sprinkler system, within twelve (12) months of a change in ownership of the
property on which the structure is located or upon increasing the square footage of the
structure.
903.2.7 Group R. An automatic sprinkler system installed in accordance with Section 903.3
shall be provided throughout all buildings with a Group R fire area.
Exception: R-3 occupancies with a gross square foot area of less than 5,500 HVAC
space.
903.2.8.3 Self-service storage facility. An automatic sprinkler system shall be installed
throughout all self-service storage facilities.
Exception: One-story self-service storage facilities that have no interior corridors,
with a one-hour fire barrier separation wall installed between every storage
compartment, and under 5,000 square foot (gross area) in size.
903.2.10.3 Buildings more than 35 feet in height. An automatic sprinkler system shall
be installed throughout all buildings, regardless of occupancy type, 35 feet (10 668mm)
or greater in height. Any building, three (3) stories or greater, regardless of occupancy,
shall have an automatic sprinkler system installed throughout the building.
Exception:
Open parking structures in compliance with Section 406.3 of the International
Building Code.
903.2.10.4 High-Piled Combustible Storage. For any building with a clear height
exceeding 12 feet (4572 mm), see Chapter 23 to determine if those provisions apply.
903.2.10.5 Spray Booths and Rooms. New and existing spray booths and spraying
rooms shall be protected by an approved automatic fire-extinguishing system.
903.2.10.6 Buildings Over 5,000 square feet. An automatic sprinkler system shall be
installed throughout all commercial buildings with a building area (floor area, gross) over
5,000 square feet. For the purpose of this provision, firewalls shall not define separate
buildings.
Exception:
Open parking garages in compliance with Section 406.3 of the International
Building Code.
903.3.1.1.1 Exempt locations. When approved by the code official, automatic
sprinklers shall not be required in the following rooms or areas where such rooms or
areas are protected with an approved automatic fire detection system in accordance
with Section 907.2 that will respond to visible or invisible particles of combustion.
Sprinklers shall not be omitted from any room merely because it is damp; fire-
resistance rated construction or contains electrical equipment.
1. Any room where the application of water, or flame and water, constitutes a
serious life or fire hazard.
2. Any room or space where sprinklers are considered undesirable because of the
nature of the contents, when approved by the code official.
3. Generator and transformer rooms, under the direct control of a public utility,
separated from the remainder of the building by walls and floor/ceiling or
roof/ceiling assemblies having a fire-resistance rating of not less than 2 hours.
903.3.5 Water Supplies (add following second paragraph).
Water supply as required for such systems shall be provided in conformance with the
supply requirements of the respective standards; however, every fire protection system
shall be designed with a 10 psi safety factor.
903.4 Sprinkler System monitoring and alarms (add following paragraphs).
Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap
to the sprinkler system and shall cause an alarm upon detection of water flow for more
than 45 seconds. All control valves in the sprinkler and standpipe systems except for
fire department hose connection valves shall be electrically supervised to initiate a
supervisory signal at the monitoring company upon tampering.
All Fire Department Connections (FDC's) shall be metal threaded caps to prevent
vandalism and tampering. Should a cap become dislodged, and/or missing, the Fire
Code Official shall require the owner to perform a flush of the system and direct the
owner to install an approved cap. Locking caps may be required for any FDC and for
any type of structure as so ordered by the Fire Chief and/or Fire Code Official.
903.6.2 Spray booths and rooms.
New and existing spray booths and spray rooms shall be protected by an approved
automatic fire-extinguishing system in accordance with Section 1504.
905.2 Installation standards.
Standpipe systems shall be installed in accordance with this section and NFPA 14.
Manual dry standpipe systems shall be supervised with a minimum of 10 psig and a
maximum of 40 psig air pressure with a high/low alarm.
905.3.2; exceptions #1 and #2 are deleted.
905.4, Location of Class I standpipe hose connections (change in requirement #5).
5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3-
percent slope), each standpipe shall be provided with a two-way hose connection
located either on the roof or at the highest landing of stairways with stair access to the
roof. An additional hose connection shall be provided at the top of the most
hydraulically remote standpipe for testing purposes.
905.9 Valve Supervision (add second paragraph after exceptions).
Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap
to the sprinkler system and shall cause an alarm upon detection of water flow for more
than 45 seconds. All control valves in the sprinkler and standpipe systems except for
fire department hose connection valves shall be electrically supervised to initiate a
supervisory signal at the central station upon tampering.
907.1.3 Design Standards. All alarm systems new or replacement serving 50 or more
alarm actuating devices shall be addressable fire detection systems. Alarm systems
serving more than 75 smoke detectors or more than 200 total alarm activating devices shall
be analog intelligent addressable fire detection systems.
Exception: Existing systems need not comply unless the total building remodel
or expansion initiated after the effective date of this code, as adopted, exceeds
20% of the building. When cumulative building remodel or expansion exceeds
30% of the building must comply within 6 months of permit application.
907.2 Where required-new buildinqs and structures (add third paragraph to end).
In addition to those requirements of new structures, any existing structure which is
established outside the current incorporated limits of the Town of Prosper and is
annexed into the Township shall be brought up to current code standards, including the
installation of an approved automatic, manual, or combination fire alarm system, within
twelve (12) months of a change in ownership of the property on which the structure is
located or upon increasing the square footage of the structure.
907.2.3 Group E. A manual fire alarm system shall be installed in Group E educational
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 day care occupancies. Unless
separated by a minimum of 100' 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.
Exceptions (changes and additions)
1. Group E educational and day care occupancies with an occupant load of less
than 50 when provided with an approved automatic sprinkler system.
1.1. Residential In-Home day care with not more than 12 children may use
interconnected single station detectors in all habitable rooms. (For care
of more than five children 2 1/2 or less years of age, see Section
907.2.6.)
{Exception #2 remains unchanged)
907.2.12 High-rise buildings. Buildings having any floors used for human occupancy
located more than 55 feet (16 764 mm) above the lowest level of fire department
vehicle access shall be provided with an automatic fire alarm system and an emergency
voice/alarm communications system in accordance with Section 907.2.12.2.
Exceptions (change to #3 only)
3. Buildings with an occupancy in Group A-5 in accordance with Section 303.1 of
the International Building Code, when used for open air seating; however,
this exception does not apply to accessory uses including but not limited to sky
boxes, restaurants and similarly enclosed areas.
907.4 Manual fire alarm boxes. Manual fire alarm boxes shall be installed in
accordance with Sections 907.4.1 through 907.4.5. Manual alarm actuating devices
shall be an approved double action type.
907.6.1 Installation. All fire alarm systems shall be installed in such a manner that the
failure of any single alarm-actuating or alarm-indicating device will not interfere with the
normal operation of any other such devices. All systems shall be Class "A" wired with a
minimum of six feet (6') separation between supply and return loops. IDC - Class "A"
style "D " SLC Class "A" Style 6 notification Class "B" Style Y.
907.9.2 High-rise buildings. In buildings that have any floor located more than 55 feet(16
764 mm) above the . . . {remainder of section unchanged).
1008.1.3.4 Access-controlled egress doors (Add criteria #7).
7. If a full building smoke detection system is not provided, approved smoke detectors
shall be provided on both the access and egress sides of doors and in a location
approved by the authority having jurisdiction of NFPA 72. Actuation of a smoke
detector shall automatically unlock the door.
1019.1 .8 Smoke proof enclosures. In buildings required to comply with Section 403 or
405, each of the exits of a building that serves stories where any floor surface is located
more than 55 feet (16 764 mm) above the lowest level of fire . . . {remainder of section
unchanged}.
1504.6 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 exhaust plenums, exhaust ducts and both sides of dry filters
when such filters are used.
2302 Definitions (add second paragraph to definition of "High-Piled Combustible
Storage").
Any building exceeding 5,000 square feet that has a clear height in excess of 12 feet,
making it possible to be used for storage in excess of 12 feet, shall be considered to be
high-piled storage and shall comply with the provisions of this section. When a specific
product cannot be identified, a fire protection system shall be installed as for Class IV
commodities, to the maximum pile height.
3301 .1 .3 Fireworks. The possession, manufacture, storage, sale, handling and use of
fireworks are prohibited.
Exceptions:
1 . Only when approved for fireworks displays, storage and handling of fireworks
as provided in Section 3304 and 3308.
2. The use of fireworks for approved display as permitted in Section 3308.
Section 3302, Definitions (change definition of "Fireworks").
FIREWORKS. Any composition or device for the purpose of producing a visible
or an audible effect for entertainment purposes by combustion, deflagration, detonation,
and/or activated by ignition with a match or other heat producing device that meets the
definition of 1 .4G fireworks or 1 .3G fireworks as set forth herein.
3403.6 Piping systems. Piping systems, and their component parts, for flammable and
combustible liquids, shall be in accordance with this section. An approved method of
secondary containment shall be provided for underground tank and piping systems.
3404.2.11 .5 Leak prevention. Leak prevention for underground tanks shall comply with
Sections 3404.2.11 .5.1 and 3404.2.11 .5.2. An approved method of secondary
containment shall be provided for underground tank and piping systems.
3404.2.11.5.2 Leak detection. Underground storage tank systems shall be provided with
an approved method of leak detection from any component of the system that is designed
and installed in accordance with NFPA 30 and as specified in Section 3404.2.11.5.3.
3404.2.11.5.3 Dry sumps. Approved sampling tubes of a minimum 6 inches in diameter
shall be installed in the backfill material of each underground flammable or combustible
liquid storage tank. The tubes shall extend from a point 12 inches below the average
grade of the excavation to ground level and shall be provided with suitable surface access
caps. Each tank site shall provide a sampling sump at the corners of the excavation with a
minimum of 4 sumps. Sampling tubes shall be placed in the product line excavation within
10 feet of the tank excavation and one every 50 feet routed along product lines towards the
dispensers, a minimum of two are required.
3406.5.4.5 Commercial, industrial, governmental or manufacturing. Dispensing of
Class II and Ill motor vehicle fuel from tank vehicles into the fuel tanks of motor vehicles
located at commercial, industrial, governmental or manufacturing establishments is
allowed where permitted, provided such dispensing operations are conducted in
accordance with Sections 3406.5.4.5.1 through 3406.5.4.5.3.
3406.5.4.5.1 Site requirements.
1. Dispensing may occur at sites that have been permitted to conduct mobile fueling.
2. A detailed site plan shall be submitted with each application for a permit. The site
plan must indicate:
a. all buildings, structures, and appurtenances on site and their use or function;
b. all uses adjacent to the property lines of the site;
c. the locations of all storm drain openings, adjacent waterways or wetlands;
d. information regarding slope, natural drainage, curbing, impounding and how a
spill will be retained upon the site property; and,
e. The scale of the site plan.
4. The Code Official is authorized to impose limits upon: the times and/or days during
which mobile fueling operations are allowed to take place and specific locations on a
site where fueling is permitted.
5. Mobile fueling operations shall be conducted in areas not generally accessible to the
public.
6. Mobile fueling shall not take place within 15 feet (4.572 m) of buildings, property
lines, or combustible storage.
3406.5.4.5.2 Refueling Operator Requirements.
1. The owner of a mobile fueling operation shall provide to the jurisdiction a written
response plan which demonstrates readiness to respond to a fuel spill, carry out
appropriate mitigation measures, and to indicate its process to properly dispose
of contaminated materials when circumstances require.
2. The tank vehicle shall comply with the requirements of NFPA 385 and Local,
State and Federal requirements. The tank vehicle's specific functions shall
include that of supplying fuel to motor vehicle fuel tanks. The vehicle and all its
equipment shall be maintained in good repair.
3. Signs prohibiting smoking or open flames within 25 feet (7.62 m) of the tank
vehicle or the point of fueling shall be prominently posted on 3 sides of the
vehicle including the back and both sides.
4. A fire extinguisher with a minimum rating of 40:BC shall be provided on the
vehicle with signage clearly indicating its location.
5. The dispensing nozzles and hoses shall be of an approved and listed type.
7. The dispensing hose shall not be extended from the reel more than 100 feet
(30.48m) in length.
8. Absorbent materials, non-water absorbent pads, a 10 foot (3.048 m) long
containment boom, an approved container with lid, and a non-metallic shovel
shall be provided to mitigate a minimum 5-gallon fuel spill.
9. Tanker vehicles shall be equipped with a fuel limit switch such as a count-back
switch, limiting the amount of a single fueling operation to a maximum of 500
gallons (1893 L) between resetting of the limit switch.
Exception: Tankers utilizing remote emergency shut-off device capability where
the operator constantly carries the shut-off device which, when activated,
immediately causes flow of fuel from the tanker to cease.
10.Persons responsible for dispensing operations shall be trained in the appropriate
mitigating actions in the event of a fire, leak, or spill. Training records shall be
maintained by the dispensing company and shall be made available to the Code
Official upon request.
11 .Operators of tank vehicles used for mobile fueling operations shall have in their
possession at all times an emergency communications device to notify the
proper authorities in the event of an emergency.
3406.5.4.5.3 Operational Requirements.
1. The tank vehicle dispensing equipment shall be constantly attended and
operated only by designated personnel who are trained to handle and dispense
motor fuels.
2. Prior to beginning dispensing operations, precautions shall be taken to assure
ignition sources are not present.
3. The engines of vehicles being fueled shall be shut off during dispensing
operations.
4. Night time fueling operations shall only take place in adequately lighted areas.
5. The tank vehicle shall be positioned with respect to vehicles being fueled so as
to preclude traffic from driving over the delivery hose and between the tank
vehicle and the motor vehicle being fueled.
6. During fueling operations, tank vehicle brakes shall be set, chock blocks shall be
in place and warning lights shall be in operation.
7. Motor vehicle fuel tanks shall not be topped off.
8. The dispensing hose shall be properly placed on an approved reel or in an
approved compartment prior to moving the tank vehicle.
9. The Code Official and other appropriate authorities shall be notified when a
reportable spill or unauthorized discharge occurs.
3803.2.1.8 Jewelry Repair, Dental Labs and Similar Occupancies. Where natural gas
service is not available, portable LP-Gas containers are allowed to be used to supply
approved torch assemblies or similar appliances. Such containers shall not exceed 20-
pound (9.0 kg) water capacity. Aggregate capacity shall not exceed 60-pound (27.2 kg)
water capacity. Each device shall be separated from other containers by a distance of
not less than 20 feet.
3804.2 Maximum capacity within established limits.
Exceptions:
1 . {existing exception unchanged)
2. Except as permitted in 308.3 and 3804.3.2, LP-gas containers are not
permitted in residential areas.
3804.3.2 Spas, Pool Heaters and other listed devices. Where natural gas service is not
available, LP-Gas containers are allowed to be used to supply spa and pool heaters or
other listed devices. Such containers shall not exceed 250-gallon water capacity. See
Table 3804.3 for location of containers.
APPENDIX D, FIRE APPARATUS ACCESS ROADS (generally amended to incorporate
the following).
The minimum width of ANY fire access road shall be a minimum 24 feet regardless of
whether or not it is a dead-end with special turn around requirements.
Otherwise, Appendix D of the 2003 International Fire Code shall be included in its entirety
but may be superceded by current or future ordinances as adopted by the Town of
Prosper, or may be altered by the Fire Chief or Fire Code Official to ensure proper access
and maneuverability of fire apparatus.
SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict
with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal
shall not abate any pending prosecution for violation of the repealed ordinance, nor shall
the repeal prevent a prosecution from being commenced for any violation if occurring prior
to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain
in full force and effect.
SECTION 6: Penalty Provision. Any person, firm, corporation or business entity
violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction
therefore, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00), and each
and every day that such violation continues shall be considered a separate offense;
provided, however, that such penal provision shall not preclude a suit to enjoin such
violation. Prosper retains all legal rights and remedies available to it pursuant to local,
state and federal law.
SECTION 7: Severability. If any section, subsection, sentence, clause or phase of
this Ordinance is for any reason, held to be unconstitutional or invalid by a court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. Prosper hereby declares that it would have passed this Ordinance, and
each section, subsection, clause or phase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, and phrases be declared unconstitutional.
SECTION 8: Effective Date. This Ordinance shall become effective upon its
passage and publication as required by law.
DULY PASSED AND APP �D BY THE T WN COUNCIL OF THE TOWN
OF PROSPER, TEXAS on this day of ie6ir- 2004.
CHA I ANG , ayor
ATTESTED AND CORRECTLY
RECORDED:
SHANNAE J I GS,
Town Secret
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF DALLAS
Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda
Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly
sworn by oath, states the attached advertisement of:
Town of Prosper
as published in THE DALLAS MORNING NEWS —COLLIN COUNTY EDITION on:
( Legal Notices
ORDINANCE NOS 04-98 November 26, 2004
THEOTOWN ORDINANCE
ROS November 27,2004
PER, TEXAS REPEAL-
ING ORDINANCE NOS.
89-3, 96-10, 97-10, 99-22
T 03
THE 204EDITIION I OF
THE INTERNATIONAL
ADOPT ADOPTING AMEND
PRESCRIBING THERETO;-
REGU-
LATIONS ONS
HAZARD-
OUS TOLIFE AND
PROPERTY FROM
FIRE, HAZARDOUS MA-
TERIALS,
PROVIDING
FOR REPEALING SAV- (Lynda Black)
TY CLAUSES;PROVIDp-�
ING FOR AN EFFEC-
TIVE DATE OF THIS
ORDINANCE; AND PRO-
VIDING FOR THE PUB-
IC
IOATHEOENOFTHECAP-
N REOF.
Sworn to and subscribed before me this November 29, 2004, A.D
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