HomeMy WebLinkAboutOrdinance - 2011-O0036 - Amending Chapter 10 Fire Prevention - 03/22/2011default.pdf http://streamserv/citysec/default.pdf
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First Reading
March 22, 2011
Item No. 6.8
ORDINANCE NO. 2011-0 0036 -------
Second Reading
April 14, 2011
Item No. 5.34
AN ORDINANCE AMENDING CHAPTER 10 (FIRE PREVENTION) OF THE
CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS,~IT~ REGARD
TO REPEALING OUTDATED AND UNNECESSARY PROVISIO S, MENDING
PROVISIONS TO ENCOMPASS CURRENT PRACTICES, AND CONFORMING
THE ORDINANCE TO THE STANDARDS AND CONVENTIONS OF THE REST OF
THE CODE OF ORDINANCES; PROVIDING A SA VINOS CLAUSE; PROVIDING A
PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock, Texas finds and determines that it
is in the best interest of the citizens of the City of Lubbock to make the following
amendments to Chapter 10 (Fire Prevention) of the Code of Ordinances of the City of
Lubbock; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 10.01.001 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 10.01.002, reserving Section 10.01.001.
SECTION 2. THAT Section 10.01.001 of the Code of Ordinances, City of
Lubbock, Texas is hereby adopted to read as follows:
Sec. 10.01.001 Definitions
For the purpose of this chapter, the following phrases, words and their derivatives
shall be construed as defined in this section. All other words shall have their usual
meaning. Whenever a public official is referred to by only the title of his office,
such reference shall be construed as if followed by the words "of the City of
Lubbock or his authorized deputy," unless the context indicates otherwise:
Approved city routes. The approved routes as shown on the map on file in the
office of the city secretary, which map is hereby made a part of this article as if
specifically set out herein, and shall also include any officially marked and
designated detour or temporary routing of the aforesaid routes, or other routes
hereafter approved and designated by the city council.
City. The City of Lubbock, Texas, or any person employed by the city when
acting for it with authority to do so.
Inspector or inspecting authority. The building official, the fire inspector, the fire
marshal or the fire chief of the city or their designees.
Land. All areas other than those included in the definition of ''street" contained in
this section.
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Liquefied petroleum gas. Any material which is composed predominantly of any
of the following hydrocarbons or mixtures of them: propane, propylene, butanes
(normal butane or isobutane and butylenes).
Liquefied Petroleum Gas Docket No. 1. As revised or amended, the rules and
regulations issued by the railroad commission, liquefied petroleum gas division.
Person. A natural person or persons, firm, partnership, association or corporation,
or its or their successors, assigns, trustees, or receivers, or the manager, agent,
servant or employee of any of the aforesaid.
Petroleum products. All the flammable liquids having a flashpoint of two hundred
(200) degrees Fahrenheit or below, when tested by the closed cup tester (National
Institute of Standards and Technology). Representative examples of the
flammable liquids are gasoline, naphtha, benzol, alcohol, kerosene and fuel oil.
Premises. The grounds, as well as all buildings and appurtenances pertaining
thereto, and any adjacent premises, if directly or indirectly under the control of
the same person.
Railroad commission. The railroad commission of the state or any regularly
authonzed deputy or agent thereof.
Street. A road, highway, alley or any other way in the city.
Tank semitrailer. A vehicle of the trailer type having one or more axles and two
(2) or more wheels, so designed and used in conjunction with a motor vehicle that
some part of its own weight and that of its own load rests upon or is carried by
another vehicle, used for the transportation of petroleum products and for which
purpose is provided with a tank or tanks securely mounted on the frame or chassis
of such vehicle.
Tank trailer. Any vehicle, without its own motive power, but drawn by a motor
vehicle, used for the transportation of petroleum products and which, for such
purpose, is provided with a tank or tanks securely mounted on the frame or
chassis of such vehicle.
Tank truck. Any motor vehicle while used for the transportation of petroleum
products and which, for such purpose, is provided with a tank or tanks securely
mounted on the frame or chassis of such vehicle.
Vehicles. Automobiles, trucks, trailers and all appurtenances pertaining thereto.
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SECTION 3. THAT Section 10.01.002 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 10.01.003, and is hereby amended to
read as follows:
Sec. 10.01.003 Permit and service fees
Fees for permits and other activities of the city fire department and fire marshal's
office shall be set annually in the city's budget ordinance. If no fee is established
by budget ordinance, the following minimum fees are established for permits and
other activities of the city fire department and fire marshal's office:
(I) Fireworks/pyrotechnic pennit:
(A) One time event: $115.00.
(B) Annual pennit: $500.00.
(2) Burn permit: $350.00.
(3) Tank installation/removal: $85.00.
(4) Fire alarm/fire sprinkler permit: $40.00.
(5) Hospital/nursing home insp.: $275.00.
(6) Hydrant flow test: $40.00.
SECTION 4. THAT, Section 10.01.003 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 10.01 .004.
SECTION 5. THAT, Section 10.01.004 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 10.01.005.
SECTION 6. THAT, Section 10.01.005 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 10.01 .006, and is hereby amended to
read as follows:
Sec. 10.01.006 Parking or stopping vehicles designed for
transportation of explosives
It shall be unlawful for any person to park, stop or stand any vehicle used,
equipped or designed for the purpose of transporting explosives, within any
residential district in the city; provided, however, that this provision shall not
apply to any such vehicle when actually being serviced at filling stations and
garages when not carrying explosives. Provided, further, that the provisions of
this section shall not apply to any such vehicle when using the highways and
streets and stopping or standing or the highways and streets is done in response to
traffic signals or traffic devices, and such vehicles are at such time authorized by
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the state railroad comm1ss1on or the National Transportation Safety Board
(NTSB) to transport explosives over the highways. Furthermore, this section shall
not be construed as prohibiting necessary parking, stopping or standing by any
authorized carriers in rendering actual pickup and delivery service.
SECTION 7. THAT, Section 10.01.006 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 10.01.007.
SECTION 8. THAT, Section 10.01.007 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 10.01.008.
SECTION 9. THAT, Section 10.02.002 of the Code of Ordinances, City of
Lubbock, Texas is hereby amended to read as follows:
Sec. 10.02.002 Appointment; qualifications
The fire marshal shall be recommended by the chief of the fire department and
appointed by the city manager. The fire marshal shall be properly qualified for the
duties of such office. If the person appointed hereunder is otherwise employed by
the city and is to continue in such employment, performing the duties of fire
marshal in addition to such continued employment, he shall receive such
additional compensation for perfonning the duties of fire marshal as may be
provided by the city council.
SECTION 10. THAT, Section 10.02.005 of the Code of Ordinances, City of
Lubbock, Texas is hereby amended to read as follows:
Sec. 10.02.005 Investigation of fires generally; records
The fire marshal 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 an
intentional or unintentional act or that said fire's origin cannot be determined.
Such investigation shall be commenced within twenty-four (24) hours of the
occurrence of such fire. The fire marshal shall keep in his office a record of all
fires, together with all facts, statistics and circumstances, including the origin of
the fire and the amount of loss, which may be determined by his investigation.
SECTION 11. THAT, Section 10.02.045 of the Code of Ordinances, City of
Lubbock, Texas is hereby amended to read as follows:
Sec. 10.02.045 Residential buildings
When any building or structure is l wfully occupied and used for residential
purposes, vacation of the building, residence or structure shall not be ordered by
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notice under this article unless such vacation is specially ordered by the city
council.
SECTION 12. THAT, Section 10.02.046 of the Code of Ordinances, City of
Lubbock, Texas is hereby amended to read as follows:
Sec. 10.02.046 Filing suit against owners
Upon written request of the chief of the fire department or the fire marshal, after
notices have been given as provided for in this division, the city attorney is
authorized to prosecute such suits as may be deemed advisable to enforce the
provisions of this division.
SECTION 13. THAT, Section 10.02.071 of the Code of Ordinances, City of
Lubbock, Texas is hereby amended to read as follows:
Sec. 10.02.071 Notice; appeals
The chief of the fire department or fire marshal shall in a written notice fix the
time within which the owner, occupant or person responsible for a building or
structure or premises shall remove the hazard or make the repairs, or clear the
premises of "dangerous accumulations" specified in the notice. Said notice shall
designate the appropriate board to hear any appeal. In no case shall the time fixed
be less than ten ( I 0) days. Should the owner or person responsible therefor, or the
owner or person responsible for the condition of the building, structure or
premises reside outside the city and the address be unknown, a notice or
publication in a daily newspaper in the city and the posting of a written notice on
the building or structure or premises shaJl be deemed sufficient notice. The owner,
occupant or person responsible therefor, within ten (10) days after receiving such
notice, may appeal in writing from the order of the chief of the fire department or
fire marshal to the board designated in the notice, which shall detennine the
appeal. If no such board is designated in the notice, the appeal shall be to the city
manager, who shall determine the appeal.
SECTION 14. THAT, Section 10.02.073 of the Code of Ordinances, City of
Lubbock, Texas is hereby amended to read as follows:
Sec. 10.02.073 Closing buildings
If the owner or person responsible for the condition of a building or structure or
premises, whether a resident or nonresident of the city, fails to comply with the
order of the chief of the fire department or fire marshal, to remove the hazardous
fire condition in or on the building or structure or on the lot, tract or parcel of land
or premises where such hazard exists, as directed by the chief of the fire
department or fire marshal, the chief of the fire department or fire marshal may
abate the use of nonresidential buildings or structures, and to that end the chief of
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the fire department or fire marshal shall have authority to close said nonresidential
building or structure and to prevent its use or occupancy until the order of the
chief of the fire department or fire marshal has been complied with.
SECTION 15. THAT, the provision of Section 10.03.002 of the Code of
Ordinances, City of Lubbock, Texas which amends Section 903.3.1.2 of the 2003
International Fire Code, entitled "NFPA 13R sprinkler systems," is hereby amended to
read as follows:
Sec. 10.03.002 Amendments
Section 903.3.1.2. Section 903.3.1.2 of the 2003 International Fire Code,
entitled "NFPA 13R sprinkler systems," is amended by the addition of
subsection 903.3.1.2.2, Attics, to read as follows:
903.3.1.2.2. Attics.
Required automatic sprinkler systems in Group R occupancies of four stories
or less may be hydraulically calculated within the dwelling units in
accordance with NFPA 13R and as amended by this code. Attic spaces of
combustible construction shall be protected with a dry-pipe system. Wet
systems, nonmetallic piping or antifreeze loops will not be allowed in these
attic spaces.
Exception: Attic sprinkler systems may be omitted in the attic space:
I . If the attic spaces are separated in accordance with the IBC, and
2. There is adequate access to all portions of the building for
firefighting apparatus, and
3. The attic space does not contain powered and/or heat producing
equipment that in the opinion of the fire marshal creates a possible
hazard.
SECTION 16. THAT, Section 10.03.008 of the Code of Ordinances, City of
Lubbock, Texas is hereby amended to read as follows:
Sec. 10.03.008 Approval of plans
The fire marshal may examine plans for evidence of compliance with this code.
Plans shall be kept on site at all times to facilitate inspection. The fire marshal
may require tests or other investigations to be conducted by an agency satisfactory
to the jurisdiction when an appliance, device, equipment or system intended for
installation does not specifically meet the requirement of this code, but meets the
intent of this code. Such tests or investigations shall be based on proper test
standards or principles.
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SECTION 17. THAT, Section 10.04.005 of the Code of Ordinances, City of
Lubbock, Texas is hereby amended to read as follows:
Sec. 10.04.005 Parking prohibited
(a) A person may not stop, stand, or park a vehicle within or upon an area
designated or dedicated as a fire lane, and marked by an appropriate sign placed
in a conspicuous manner, except momentarily to pick up or discharge a passenger.
(b) If a motor vehicle, trailer, boat, machinery or similar obstruction is found parked
or unoccupied within an area designated or dedicated as a fire lane as required by this
article, the same is hereby declared a nuisance per se, and the fact that such motor
vehicle, trailer, boat, machinery or similar obstruction is parked or is unattended or
unoccupied in such a manner as to obstruct in whole or in part any such fire lane shall be
prima facie evidence that the registered owner unlawfully parked, placed or permitted to
be parked or placed such obstruction within a fire lane.
(c) The records of the state department of transportation or the county tax collector
showing the name of the person to whom the Texas highway license or boat or trailer
license was issued shall constitute prima facie evidence of ownership by the named
person.
(d) Subsection (a) does not apply if the avoidance of conflict with other traffic is
necessary or if the operator is complying with the law or the directions of a police
officer or official traffic-control device.
SECTION 18. THAT, Section 10.05.001 of the Code of Ordinances, City of
Lubbock, Texas is hereby repealed.
SECTION 19. THAT, Section 10.05.002 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 10.05.001.
SECTION 20. THAT, Section 10.05.003 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 10.05.002 and is hereby amended to
read as follows:
Sec. 10.05.002 Transportation generally
It shall be unlawful for any person to transport or move petroleum products or
petroleum products tank trucks, tank trailers or tank semitrailers, loaded, empty or
partly loaded, within the city limits, other than on the approved hazardous
materials transportation routes as listed in article 20.11, except that tank trucks,
tank trailers and tank semitrailers may use other streets in said city limits for
transportation of petroleum products when on the shortest route between the
approved hazardous material transportation routes and an established wholesale or
bulk storage business and except when making local delivery in accordance with
section 10.05.003 of this article.
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SECTION 21. THAT, Section 10.05.004 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 10.05.003.
SECTION 22. THAT, Sections 10.05.004-10.05.030 of the Code of Ordinances,
City of Lubbock, Texas are hereby reserved.
SECTION 23. THAT, Section 10.06.001 of the Code of Ordinances, City of
Lubbock, Texas is hereby repealed.
SECTION 24. THAT, Section 10.06.002 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 10.06.001.
SECTION 25. THAT, Section 10.06.003 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 10.06.002.
SECTION 26. THAT, Section 10.06.004 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 10.06.003.
SECTION 27. THAT, Section 10.06.005 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 10.06.004.
SECTION 28. THAT, Section l 0.06.006 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 10.06.005.
SECTION 29. THAT, Section 10.06.007 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 10.06.006 and is hereby amended to
read as follows:
Sec. 10.06.006 Transfer of liquefied petroleum gas within the city limits
Liquefied petroleum gas shall not be transferred from one vehicle to another,
within the corporate limits of the city, except that, in case of an emergency, such
transfer may be made under the supervision of the fire marshal or the fire
department. No liquefied petroleum gas shall be dispensed from tank trucks or
tank trailers to consumer vehicles or non-permitted tanks.
SECTION 30. THAT, Section 10.06.008 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 10.06.007.
SECTION 31. THAT, Section 10.06.009 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section l 0.06.008.
SECTION 32. THAT, Sections 10.06.009-10.06.040 of the Code of Ordinances,
City of Lubbock, Texas are hereby reserved.
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J SECTION 33. THAT, Section 10.06.071 of the Code of Ordinances. City of
Jubbock, Texas is hereby amended to read as follows:
Sec. 10.06.071 Permit and license
No person shall install any tank, container or equipment for the storing or
consumption of liquefied petroleum gas, or install any piping for the distribution
or use of liquefied petroleum gas, on any premises within the city, until such
person shall have secured a permit from the fire marshal's office of the city and
shall be regularly licensed by the Texas Railroad Commission in accordance with
the provisions of the Texas Administrative Code, article [title] 16, part 1, chapter
9. No pennit shall be issued unless the proposed installation complies with the
Texas Railroad Commission and the fire code or a variance granted by the
building board of appeals. Pennits will not be approved when the requested
location is served by a commercial natural gas supply line or in residential areas
where the tank installation or the refilling process would pose a danger to the
surrounding occupancies. Any pennit denial may be appealed to the building
board of appeals.
I SECTION 34. THAT, Section 10.06.076 of the Code of Ordinances, City of
,ubbock, Texas is hereby amended to read as follows:
Sec. 10.06.076 Inspections
(a) Reguired generally. Tanks and containers for liquefied petroleum gas shall not be
placed in service or filled upon the premises of the ultimate user, until the work of
installation has been inspected and approved by the inspecting authority.
(b) Distributing eguipment. Piping, pipe fittings, appliances and other equipment for
the distribution and utilization of liquefied petroleum gas shall not be placed in service
until after the same have been tested, inspected and approved by the inspecting authority.
(c) fees. A minimum inspection fee shall be set annually in the city's budget
ordinance. If no fee is established by budget ordinance, a minimum fee of twenty-five
dollars ($25.00) shall be charged for any original installation under this article, and a ten-
dollar ($10 .00) fee shall be charged for each additional installation.
SECTION 35. THAT, Section 10.08.033 of the Code of Ordinances, City of
Lubbock, Texas is hereby amended to read as follows:
Sec. 10.08.033 :Fee
The permit fee for a the display of fireworks, including proximate audience
displays and pyrotechnic special effects in motion picture, television, theatrical,
and group entertainment productions, shall be set annually in the city's budget
ordinance. If no fee is established by budget ordinance, the fee shall be one
hundred fifteen dollars ($115 .00) for each proposed public display or five hundred
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dollars ($500.00) for an annual permit. The fire marshal or fire chief shall have
the authority to revoke or deny a pennit under this article if the pennittee fails to
pay such permit fee upon application for such pennit.
SECTION 36. THAT, Section 10.08.035 of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
Sec. 10.08.035 Grounds for refusal
The fire marshal or fire chief shall refuse to approve issuance of a permit under
this article if the applicant:
(I) Intentionally makes a false statement as to a material matter in the permit
application;
(2) Is a fugitive from justice;
(3) Is under a felony indictment;
( 4) Has been finally convicted of a felony offense within the five-year period
immediately preceding the filing of the application;
(5) Has been finally convicted of a misdemeanor violation of an explosives
law or regulation within the two-year period immediately preceding
filing of the application;
(6) Held a permit issued under this article, which permit was revoked within
the one-year period immediately preceding the filing of the application;
(7) Fails to pay the required permit fee upon application for such permit.
SECTION 37. THAT, unless otherwise provided herein, a violation of any
provision of this Ordinance shall be deemed a misdemeanor punishable as provided by
Section 1.01.004 of the Code of Ordinances of the City of Lubbock.
SECTION 38. THAT should any paragraph, section, sentence, phrase, clause or
word of this Ordinance be declared unconstitutional or invalid for any reason, the
remainder of this Ordinance shall not be affected thereby.
SECTION 39. THAT the City Secretary of the City of Lubbock is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance
as an alternative method provided by law.
SECTION 40. THAT this Ordinance shall become effective, except as may
otherwise be provided herein, from and after its publication as provided by law.
AND IT IS SO ORDERED.
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Passed by the City Council on first reading this 22nd day of __ M_a_r_c_h __ _.:
Passed by the City Council on second reading this 14th day of ___ A=p=r-=i =-1 __ • 2011
TOM MARTIN, Mayor
ATTEST:
Rebecc\ Garza, City Secret
Garett Nelson, Fire Marshal
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CHAPTERl0
FIRE PREVENTION
Article 10.01 General Provisions
I lo I Article 10.02 Fire Marshal ? : Division I. Generally oo.9 Division 2. Remedying Hazardous Conditions I I Part I. In General 1?° 8 Part II. Removal of Hazards
Part Ill. Airport Fire Prevention Zone ~°'4
Article 10.03 Fire Code to_
Division I. Generally 0 16
Division 2. Overcrowding or Admittance Beyond Approved Occupant to· I~ Load or Capacity
Article 10.04 Fire Lanes IQ° 18
Article 10.05 Petroleum Products
Division I. Generally 1o·i9
Division 2. Parking Tank Trucks, Trailers, Etc. 10·19 Article I 0.06 Liquefied Petroleum Gas
Division I. Generally I -1 I
Division 2. Dispensers at Gasoline Service Stations 02
Division 3. Installation Requirements I • I 02 Division 4. Storage Conta.iners I -~ Division 5. Transponation Containers and Vehicles 0·2
Division 6. Vehicles Using Liquefied Petroleum Gas lo:~! Article I 0.07 Fire Extinguisher Service Business
Article I 0.08 Fireworks lo-3 Division I. Generally 0
Division 2. Permit 10-31
10-1
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Lubbock Code o(Ordinonces Chopter JO: Fire Prevention
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Lubbock Code of Ordnances Chapter I 0: Fire Prevention
ARTICLE 10.01 GENERAL PROVISIONS
Sec. 10.01.001 Definitions
For the purpose of this chapter. the followin g phrases, words and their derivatives shall be
construed as defined in this section. All other words shall have their usual meaning. Whcmev~
public official is referred to by onlv the title of his office. such reference shall be construed as if
followed b} the words "of the Cit} of Lubbock or his authorized deputy.·' unless the context
indicates otherwise:
Approved city routes. The approved routes as shown on the map on file in the office of the cit,
secretaa . \\hich map is hereb, made a part of this article as if specificall } set out herein, and
shall also include an) officiallv marked and designated detour or temporao touting of the
aforesaid routes. or other routes hereafter approved and designated b, the cit, council.
QJx. T~City of Lubbock. Te11as. gr any person emp.l9_yed _b, the cit, when acting foJ' it with
authorit) to do so.
lnsoector or insoecting QJJfhority, The building official, the fire inspector, the tire marshal or the
fire chief of the cit, or their designees.
land. All areas other than those included in the definition of"street'' contained in this section.
liquefied petroleum gas. Any material which is composed predominant!, of am of the following
hydrocarbons or mixtures of them: pro pane, prom Jene, butanes {normal butane or i}obutane and
butylenes}.
liquefied ferroleum Gas Docket No I. As revised or amend~d._ the rules and regulations issued
by the railroad commission. liquefied petroleum gas division.
Person. A natural person or persons. firm , partnershi p, association or corporation. or its or their
successors. assigns. trustees. or receivers, or the manager, agent, servant or employee of any of
the aforesaid .•
Petroleum products. All the flammable liquids having a flashpoint of two hundred (200) degrees
Fahrenheit or below, when tested by the closed cup tester (National Institute of Standards and
Technology). Representative exam ples of the flammable liquids are gasoline. naphtha, benzol,
alcohol, kerosene and fuel oil.
Premises. The grounds, as well as all buildings and appurtenances pe11aining thereto. and am-
adjacent premises, if directl'v or indirect) v under the control of the same person.
Railroad commission. The railroad commission of the state or an) regular!} authorized deputy or
agent thereof.
Street. A road, highway, alley or anv other way in the city.
Tank semitrailer. A vehicle of the trailer tH>e having one or more axles and two (2) or more
wheels. so designed and used in conjunction with a motor vehicle that some part of its own
weight and that of its own load rests upon or is carried bv another vehicle, used for the
I0-3
Ccftllments [JGIQli:rConf 1 1 s th
de f1i n a c o defin 't"on used
througho111 this Chapter.
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l11bbock Code of Ordinances Chamr JO· Ere Preyemiw
transportation of petroleum products and for which purpose is provided with a tank or tanks
securely mounted on the frame or chassis of such vehicle.
Tank trailer. Any vehicle, without its own motive power. but drawn bv a motor vehicle. used for
the transportation of petroleum productS and which. for such purpose. is provided with a tank or
tanks securely mounted on the frame or chassi~Qf such vehicle.
Tan5 truck. An\ motor vehicle while used for the transportation of petroleum products and which.
for uch purpose. is provided wil.h a tank or tanks securely mounted on the frame or chassis of
such vehicle.
Vehicles. Automobiles. trucks, trailers and all appurtenances pertaining thereto.
Sec. 10.01.001 Interference with fire department equipment
It shall be unlawful for any person to maliciously interfere or meddle with any vehicle. hose,
ladder or other equipment of any kind belonging to the city and used by the fire department.
Sec. 10.01.00J.. Permit and service fees
Fees for permits and other activities of the cit\ fire department and fire marshal's ot11ce shall be
set annual!} in the citv·s budget ordinance. If no fee is establii.hed b) budget ordinance. the
following minimuro ... J~-~-~~e __ l:St~_~lish_e~ for P.e~it_s __ ~d _ot~~~ activi_ties .~( the dty fire
department~fi~~-~-ru.-s-~~_t·~_<?ffl~_e: ________________________ _
( l) Fireworks/pyrotechnic permit:
(A) One time event: $115.00.
(B) Annual permit: $500.00.
iJ Bum permit: $350.00.
3 (_) Tank installation/removal: $85.00.
4 (_) Fire alarm/fire sprinkler permit: $40.00.
(l ) Hospital/nursing home insp.: $275.00.
((i) Hydrant flow test: $40.00.
10-4
l Deleted: 1
t Deleted: 2
t Deleted: The following
Deleted:.
Comment [JCG2): Will be handled as
a TPIA request; $!000 lo $1200 loss in
revenue, per Nelson.)
J Deleted: (2}. Fire investigative rcpon:
SS.00
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Lubbock Code of Ordinonces Chapter JO· Fire Prevention
Sec. 10.01.00:\__ --~~r!-!!~g-~f ~~~~~. ~e.l?.i:~~! et~:..... . . .
It shall be unlawful for any person to knowingly ignite and bum, or to knowingly cause to be
ignited and burned, any trash, debris or other combustible materials upon any premises within the
limits of the city in such a manner that endangers any property or buildings.
Sec. 10.01.00~ Explosive materials manufacture, possession, storag~.-~~~. ~~~-............ .
Manufacture, possession. storage, sale, transportation and use of explosive materials shall be in
accordance with the fire code adopted herein.
Deleted: 3
1 Deleted: 4
Sec. 10.01.00~ Parking or sto_pping ve~jcl~~-~~ig~~~ _for tr~nsp_f?r.t.l!m~~.!?f.~~P.l.C?~J~~~---········· 1_o_e_1e_tec1_:_s _______ ~
It shall be unlawful for any person to park, stop or stand any vehicle used, equipped or designed
for the purpose of transporting explosives, within any residential district in the city; provided,
however. that this provision shall not apply to any such vehicle when actually being serviced at
fill.ing stations and garages when not carrying explosives. Provided, further, that the provisions of
this section shall not apply to any such vehicle when using the highways and streets and stopping
or standing or the highways and streets is done in response to traffic signals or traffic devices, and
such vehicles are at such time authorized by the state railroad commission or the ,J'J~~!onal
Transportation Safet, Board (NTSB) to transport explosives over the highways. Furthermore, this
section shall not be construed as prohibiting necessary parking, stopping or standing by any
authorized carriers in rendering actual pickup and delivery service.
Sec. 10.01.001 ... F.:~_ls_1, f1~t:-~l;i_r~---··· .. . ....
(a) It shall be un awful for any person to give or cause to be given, or to attempt to give or
cause to be given, in the city, a false alarm of fire, as defined in the following subsection.
s (b) By the term "fal e alarm of fire," as used in the preceding subsection, is meant any signal
or communication given out or caused to be given out in any manner for the purpose of creating
in the minds of the inhabitants of the city an impression or idea that some house, building or other
property is on fire, or is in immediate danger of being destroyed by fire, when the person making
or causing such signal or communication has no knowledge or reliable information that some
10-5
Deleted: National Surface
Transporta1ion Board
f Deleted: 6
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Lubbock Code of Ordinances Chapter I 0: Fire Prevention
house, building or other property is on fire, or is in immediate danger of being destroyed by fire,
and such person causes or attempts to cause such alarm to be created wilfully for mischievous
effect.
Sec. 10.01.00i Smoking in hotel or motel bed
(a) Prohibited. No person may smoke in or on a bed located in a hotel or motel room located
within the City of Lubbock.
(b) Warning signs required. The operator of premises housing a hotel or motel shall provide,
post and maintain warning signs in each dwelling unit which bear the prohibition of subsection
(a) in its entirety and which states, "ANY PERSON WHO SMOKES IN BED IN A HOTEL OR
MOTEL ROOM IS SUBJECT TO A FINE OF UP TO $1,000.00. City of Lubbock Code Section
10.01.00B.,''
ARTICLE 10.02 FIRE MARSHAL
Division I. Generally
Sec. 10.02.001 Office continued; reports to chief of fire department
The office of fire marshal shall continue and be independent of other city departments, except that
the fire marshal shall report directly to the chief of the fire department.
Sec. I 0.02.002 Appointment; qualifications
The fire marshal shall be -1~9.ml_l!cs:ided by the chief of the fire department .pnd a~p()i_nted br the
city manager. The tire marshal shall be properly qualified for the duties of such office. If the
person appointed hereunder is otherwise employed by the city and is to continue in such
employment, performing the duties of fire marshal in addition to such continued employment, he
shall receive such additional compensation for performing the duties of fire marshal as may be
provided by the city council.
10-6
t Deleted: 7
f Deleted: 7
f Deleted: appointed
Deleted: by and with the consent of
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Lubbock Code o{Ordnances Chapter I 0. Fire Pre11enrio
Sec. 10.02.003 Right of entry-Generally
The fire marshal shall have the right, at all reasonable hours, to enter into and upon all buildings
and premises within the city for the purpose of conducting any examination required or
authorized by this article.
Sec. 10.02.004 Same-After fire has occurred
The fire marshal shall have the authority at all times of day or night. when necessary in the
performance of the duties imposed upon him by the provisions of this article, to enter upon and
examine any building or premises where any fire has occurred, and other buildings and premises
adjoining or near the same, which authority shall be exercised only with reason and discretion.
Sec. 10.02.005 Investigation of fires generally; records
The fire marshal 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 ,.an )ll_~~ll_t_h~n-~! 9.~ u_nin~e11t_i<)O_a!a.~~ or_ th~\
said fire·s origin capnot be determined. Such investigation shall be commenced within twenty-
four (24) hour~ 9f t~e .<?~cu.r:i:e~~~-of. ~u~_~_flr~.__The __ fi_r_e _l))llrs~_aL~~allJeep in his office a record
of all fires, together with all facts, statistics and circumstances, including the origin of the fire and
the amount of loss, which may be determined by his investigation.
Sec. 10.02.006 Examination of witnesses; evidence indicating commission of crime
The fire marshal, when in his opinion further investigation is necessary, shall take or cause to tre
taken the testimony on oath of all persons ~rportedly cogn·zant of any facts or having means of
knowledge in relation to the matter under in estigation, and shall cause the same to fie re~uced t
writing. lf the marshal is of the opinion '?hat ther.e is evidence sufficient to charge an ff!r oq-witl1
the crime of arson, or with an attempt th comm ·t the crime of arson, or of conspiracy o de rau4
or criminal conduct in connection wits such fire, he shall cause such person to be Jawfull
arrested and charged with such offen e, or either of them, and shall furnish t~ the proper
prosecuting attorney all such evidence, together with the names of the witnesse and all the
information obtained by him. including a copy of all pertinent and material testimony taken in the
case.
Sec. 10.02.007 Power to summon and swear witnesses and require production of evidence
The fire marshal shall have the power to summon witnesses before him to testify in relation to
any matter which is, by the provisions of this article, a subject of inquiry and investigation, and he
may require the production of any book, paper or document deemed pertinent thereto. The fire
marshal is authorized and empowered to administer oaths and affirmations to any persons
appearing as witnesses before him.
10-7
: carelessness or of design
: Del~ed: . nol including ~unda_y_, -~
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Lubbock Code of Ordinances Chapter JO: Fire Prevenlion
Sec. 10.02.008 Refusal to testify, disobedience of orders, etc.
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 investigation, or who is guilty of any contemptuous conduct during
any of the proceedings of the fire marshal in the man er of the investigation or inquiry, after b1:ing
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 such offender lCI be
prosecuted.
Sec. 10.02.009 Privacy of investigations; separation of witnesses
All investigations held by or under the direction of the fire marshal may, in his discretion, be
private, and 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.
Secs. 10.02.010-10.02.040 Reserved
Division 2. Remedying Hazardous Conditions
Part I. In General
Sec. 10.02.041 Violation
Any owner or occupant of any building, structure or premises or any person responsible for the
condition of any premises who refuses or fails to comply with an order or direction of the fire
marshal, given under the provisions of this article, to remove or remedy a hazardous condition, or
who violates any provision of this article, shall be subject to a fine not exceeding two them.and
dollars ($2,000.00). Each day of failure to comply with such order or direction or code provi:;ion
shall constitute a separate offense.
Sec. J0.02.042 Inspections; fire safety surveys
It shall be the duty of the fire marshal or his designee to inspect or perform a fire safety survey as
often as may be necessary, but not less than once a year, all buildings and premises, except the
interiors of living quarters and private dwellings, for the purpose of ascertaining and causing to be
corrected any conditions liable to cause fire, or to ascertain and discover any violation:; or
deficiencies of the provisions or intent of this division or any law or ordinance affecting the fire
hazard.
10-8
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Lubbock Code ofOrdngnces Chgp1er JO· F·re Prevention
Sec. 10.02.043 Fire station territories
It shall be the duty of the chief of the fire department and the fire marshal jointly to forthwith plat
the city into "fire station territories," each containing a city fire station, and submit such plat to
the city manager for approval. Upon approval of said plat by the city manager as submitted or as
modified by him, it shall be the duty of the chief of the fire department to conduct one interior
and one exterior survey per year at each commercial occupancy in the station territory by
members of the fire department employed in each territory, such fire safety surveys to be made by
uniformed firemen at the time and in the manner designated and directed by the chief of the fire
department. Such surveys shall be made by carefully viewing all premises in each territory both
from the abutting street and abutting alley. The chief of the fire department shall require such
written reports from surveying fire department personnel as will disclose commonly occurring
fire and life safety hazards and critical life safety hazards as defined in the General Procedures
Manual of the L·ubbock Fire Department regarding safety surveys.
Sec. 10.02.044 Notice of unsafe building by fire chief, fire marshal
Whenever the chief of the fire department or fire marshal, after inspection of any building or
structure or premises in the city, finds said building, structure or premises to be an unsafe
building as defined by the fire code, the fire chief or fire marshal shall cause to be served a
written notice on the owner or occupant or person responsible to vacate the structure or abate the
unsafe conditions in accordance with the fire code and city ordinance.
Sec. l 0.02.045 Residential buildings
When any building or structure is lawfull> occupied~ngJ~~e~. f(?~_residential purposes .. x~~.l!H<?f!.<?f... ·· i Deleted: or
the building, residence or structure shall not be ordered by notice under this article unless such
vacation is specially ordered by the city council.
Sec. 10.02.046 Filing suit against owners
Upon written request of the chief of the fire department or the fire marshal, after notices have
been given as provided for in this division. ithq city attorney js a1:1~0.ri~~~ !<?J~~~secute such suits
as may be deemed advisable to enforce the provisions of this division.
Secs. 10.02.047-10.02.070 Reserved
Part II. Removal of Hazards
Sec. 10.02.071 Notice; appeals
The chief of the fire department or fire marshal shall in a written notice fix the time within which
the owner, occupant or person responsible for a building or structure or premises shall remove the
hazard or make the repairs, or clear the premises of "dangerous accumulations" specified in the
notice. Said notice shall designate the appropriate board to hear an.,, appeal. In no case shall the
time fixed be less than ten (IO} days. Should the owner or person responsible therefor, or the
owner or person responsible for the condition of the building, structure or premises reside outside
the city and the address be unknown, a notice or publication in a daily newspaper in the city and
the posting of a written notice on the building or structure or premises shall be deemed sufficient
notice. The owner. occupant or person responsible therefor, within ten (JO) days after receiving
such notice, may appeal in writing from the order of the chief of the fire department or fire
10-9
Comment [XG3]: per LAD
' Deleted: and with approval of the city
manager
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L11bbock Code of Ordinances hop r /0· F're Prevenuo
marshal to the.JJswfd designated in 1he notic~. whic~~hall determine the appeal. !f !1_()_~-~~h ~.0¥,9
is designated in the notice. the appeal shall be to the cit} manager, who shall determine the
appeal.
Sec. I 0.02.072 Failure to comply as nuisance
lf no appeal is taken. the maintenance of a condemned building or condemned structure or
condemned conditions existing therein or thereon or on the premises where said buildings or
structures are located, beyond the time set for removal or repair or abatement under this article,
shall constitute the maintenance of a nuisance.
Sec. 10.02.073 Closing buildings
If the owner or person responsible for the cqndition o ya bu1ldin-r structure or premises,
whether a resident or nonresident of the city, fai s to comp! with the order of the chief of the fire
department or fire marshal. to remove1 the Jiazardous fire condition in or on the building or
structure or on the lot, tract or parcel of and qpremises where such hazard exists, a5f<iirected by
the chief of the fire department or fire marsha, the J:_~j~f ~Lt~~ __ fi_r~-~~P.~_m~n~_o_r: __ 1re _!'11_~-~al __ .
piav .?~?t~ t~~ _US.<?. ~f.~()!Jr~_i_d~ntial building~_ or s~~c~u~~~ •. an.~ to that end the chief of the fire
department or fire marshal shall have authority to close said nonresidential building or structure
and to prevent its use or occupancy until the order of the chief of the fire department or fire
marshal has been complied with.
Sec. 10.02.074 Penalty; vacating buildings
In addition to the penalty imposed in this article of closing a building or structure. it shall be
unlawful for any person to disobey or fail to comply with the order of the chief of the fire
department or fire marshal or to use, occupy or remain in any nonresidential building or structure.
when the same has been ordered closed, or to remain upon or use or permit the use of any such
premises.
Secs. l0.02.075-I0.02.I00 Reserved
Part III. Airport Fire Prevention Zone
Sec. l0.02.IOI Created
The Lubbock International Airport and all premises within the jurisdiction, control and
supervision of the airport board of the city is hereby declared to be a "fire prevention zone" and
shall be designated as the "international airport fire prevention zone."
10-IO
Deleted: city manager
• Deleted: who
Deleted: city manager may order the
Deleted: to
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Lubbock Code o{Ordinances Chapter I 0: Fire Prevenrion
Sec. 10.02.102 Jurisdiction of fire chief and fire marshal
The respective jurisdiction of the chief of the fire department and fire marshal of the city is
extended to the "international airport fire prevention zone" within the terms and application of
this entire chapter.
Sec.10.02.103 Applicability of other regulations
All ordinances and all parts of this code pertaining to fire protection and fire prevention, and
particularly all sections of this chapter which may be applicable, are made cumulative with the
terms of sections I 0.02.10 I and I 0.02.102 and are extended to and include the "international
airport fire prevention zone."
ARTICLE 10.03 FIRE CODE
Division I. Generally
Sec. 10.03.001 Adopted
The City of Lubbock hereby adopts the International Fire Code, herein known as the fire code,
published by the International Code Council, 2003 edition, save and except such portions as are
hereinafter amended. The same is hereby adopted and incorporated as fully as if set out in length
herein, and from and after the passage of the ordinance adopting this section the provisions
thereof shall be controlling within the limits of the City of Lubbock. The adoption of the
International Fire Code extends to appendices B and C, a copy of which shall be maintained in
the office of the fire marshal, all such copies to be open to public inspection during the business
hours of the offices where they are maintained, along with amendments thereto provided by
ordinance.
Sec. 10.03.002 Amendments
Section 503.3. Section 503.3, of the 2003 International Fire Code, entitled "Marking," is amended
by the addition of sections 503.3. I, 503.3.2, 503.3.3, and 503.3.4, to read as follows:
Section 503.3.1. Maintenance.
The owner or person in control of any building for which fire lanes have been
designated shall mark and maintain said fire lanes by painting stripes on the surface
of said roadways to designate the fire lane for fire apparatus in accordance with the
specifications of section 505.3 and in such a manner so as to be visible to a
reasonably observant person.
10-11
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Lubbock Code of Ordnances Chapter IO: Fire Pre,,ention
Section 503.3,2. Specifications for Marking.
All required fire lanes shall be provided and maintained with fire lane striping which
consists of a six (6) inch wide red background stripe with four (4) inch high white
letters stating "FIRE LANE NO PAR.KING" or "NO PARKING FIRE LANE" to be
painted upon the red stripe every forty ( 40) feet along the entire length of the fire
lane, showing the exact boundary of the fire lane. The words "FIRE LANE NO
PARKING" or "NO PARKING Fl~ LANE'' must be grouped together as a phrase.
Separating the words "NO PARK! G" and "FIRE LANE" spacing them forty (40)
feet apart does not meet the intention of this section. Fire lane markings shall be upon
the vertical surface of the curb unless otherwise approved by the chief.
Section 503.3.3. Alternate Markings.
When, due to a building's particular use, the chief determines that fire lane markings
are impractical, the words "LOADING ZONE/NO PARKING," painted black, may
be substituted for the words •·FIRE LANEINOJ>ARKING,'' and the six-inch (6") red
stripe must be painted yellow, but all other pro is ions of chapter 5 shall apply.
Section 503.3.4. Alternate Signs Allowed or Required.
If the chief or authorized representative determines that other means of notice are
ineffective to designate a fire lane, signs may be required by written notice to the
property owner. These signs shall be in accordance with the requirements of the
Texas Manual of Uniform Traffic Control Devices. When required, these signs shall
be erected and maintained bearing a red legend stating "No Parking Fire Lane" with
letters of at least two inches (2") in height on a white reflectorized background at
least twelve inches (12") wide by eighteen inches (18") tall. Signs shall be
permanently affixed to a stationary post and the bottom of the sign shall be six feet,
six inches (6' 6") above the finished grade. Signs shall be spaced not more than fifty
feet (SO') apart. Signs may be installed on permanent buildings or walls as approved
by the chief or authorized representative. Additional signs may also be required by
written notice from the chief.
Section 506. Section 506, of the 2003 International Fire Code, entitled "Key Boxes," is amended
by the addition of section 506.1.2, to read as follows:
506. l.2. Approved.
When required by the fire department a KNOX lock box, KNOX padlock, and/or
KNOX key switch must be installed on any structure or gate at a location approved
by the fire department. The key box shall contain keys as required by the code
authority or his designee.
Section 903.3.1.2. Section 903.3.1.2 of the 2003 International Fire Code, entitled "NFPA l3R
sprinkler systems," is amended by the addition of subsection 903.3.1.2.2, Attics, to read as
follows:
903.3.1.2.2. Attics.
Required automatic sprinkler systems in Group R occupancies of four stories or less
may be hydraulically calculated within the dwelling units in accordance with NFPA
l3R and as amended by this code~Attic spaces of combustible ~O!)St~~~!o~ s_ha_lLb~
I0-12
, Deleted: Sprinkler protection shall be
provided throughout. including the means
of egress, patios, bathrooms, closets,
balconies and onic spaces of combustible
co~tion.
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Lubbock Code of Ordinances Chapter JO: Fire Prevention
protected with a dry-pipe system. Wet systems, nonmetallic piping or antifreeze
loops will not be allowed in these attic spaces.
Exception: Attic sprinkler systems may be omitted in the attic space:
I. If the attic spaces are separated in accordance with the IBC, and
2. There is adequate access to all portions of the building for firefighting
apparatus, and
3. The attic space does not contain powered and/or heat producing
equipment that in the opinion of the fire marshal creates a possible
hazard.
Sec. I 0.03.003 Authority of fire marshal
The fire marshal is hereby authorized to enforce the provisions of the fire code and city ordinance
and shall have the authority to render interpretations of the fire code, and to adopt policies,
procedures, rules and regulations in order to clarify the application of its provisions. Such
interpretations, policies, procedures, rules and regulations shall be in compliance with the intent
and purpose of this code and shall not have the effect of waiving requirements specifically
provided for in the code.
Sec. 10.03.004 Board ofappeals--Appointment
The City of Lubbock Building Board of Appeals, established by section 2.03.491 of the Lubbock
City Code, is hereby appointed the board of appeals for the fire code, as adopted by this article.
The board shall establish rules and regulations for conducting its business and shall render all
decisions and findings in writing to the fire marshal, with a copy to the appellant.
Sec. 10.03.005 Same-Purpose
The board of appeals shall provide for reasonable interpretation of the provisions of this code and
rule on appeals from decisions of the fire marshal, except in specific instances where another
board has been appointed to hear appeals.
10-13
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Lubbock Code o[Ordinances Chapter JO· F're Preventto
Sec. 10.03.006 Conflicts
Conflicts between any provisions of this article, the fire code or building code shall be governed
by the administration chapters of the adopted codes.
Sec. 10.03.007 Penalty
Any person violating or failing to comply with any provision of the fire code, as adopted in this
article, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined an
amount not exceeding two thousand dollars ($2,000.00).
Sec. 10.03.008 Approval of plans
The fire marshal may exarnine,plans f!)r ev\~1:n_c~ __ of __ c~_l!lp_l_i~5:C?_ "'.tt_~-~~i~ ~5?~t::_Plans shall be
kept on site at all times to facilitate inspection. The fire marshal may require tests or other
investigations to be conducted by an agency satisfactory to the jurisdiction when an appliance,
device. equipment or system intended for installation does not specifically meet the requirement
of this code, but meets the intent of this code. Such tests or investigations shall be based on
proper test standards or principles.
Sec. 10.03.009 Inspection; certificate of occupancy
The fire marshal or building official may require a building to be inspected for compliance with
the fire code, as adopted by this article, prior to the issuance of a certificate of occupancy. When,
in the opinion of the fire marshal or building official, a building must be so inspected by the fire
marshal or his designated representative prior to issuance of an occupancy certificate, such
building shall not be occupied prior to such final inspection as the fire marshal or building official
may deem necessary.
Secs. I 0.03.010-10.03.040 Reserved
Division 2. Overcrowding or Admittance Beyond Approved Occupant Load or Capacity
Sec. 10.03.041 Scope
Overcrowding or admittance of any person beyond the approved occupant load or capacity of a
building or a portion thereof shall not be allowed. The owner, manager or occupant in charge of
the premises shall be responsible for the accurate count of the number of people in the building,
area or any portion thereof. Selling or distributing tickets, in any form or fashion, beyond the
approved occupant load of an area where the event will be held, shall not be permitted.
10-14
~eel: su~ned _____ _
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Lubbock Code of Ordinaf1ces Chapter I 0: Fire Prevention
Sec. 10.03.042 Overcrowding
Whenever a condition exists where either there are more people in a building, structure or portion
thereof than have been authorized by the fire marshal or persons are sitting and/or standing in
locations that may obstruct or impede the use of aisles, passages, corridors, stairways, exits or
other components of the means of egress, and the fire marshal determines that a threat exists to
the safety of the occupants thereby creating a violation of overcrowding, the occupant, owner or
manager in charge of the occupancy shall be deemed guilty of a misdemeanor and, upon
conviction thereof, shall be fined an amount not exceeding two thousand dollars ($2,000.00).
Sec. 10.03.043 Admittance beyond approved occupant load or capacity
Any occupant, owner or manager that has been found to allow admittance in any room, building
or space beyond the approved occupant load or capacity as determined by the fire marshal and the
fire code shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined an
amount not exceeding two thousand dollars ($2,000.00). Each of the following will be considered
to be separate violations of the fire code in addition to the violation of overcrowding:
(I) Admittance beyond the approved occupant load by I thru 50 occupants;
(2) Admittance beyond the approved occupant load by 51 thru I 00 occupants;
(3) Admittance beyond the approved occupant load by IO I thru 250 occupants; or
( 4) Admittance beyond the approved occupant load by 251 or more occupants.
ARTICLE 10.04 FIRE LANES
Sec. 10.04.001 Enforcement 4i t
0 The fire chief or police chief or their duly authorized representatives are hereby authorize n
monitor fire lanes to detect obstructions and may issue citations, remove and impound y
vehicle obstructing said fire lane, or both.
Sec. 10.04.002 Required
,o Fire lanes shall be designated, designed, and maintained as specified by chapter 5, section 5oik· f
the fire code as amended in section I0.03.002 of the Code of Ordinances of the City of Lubbo,
Sec. 10.04.003 Maintenance e
e All fire lanes shall be maintained and kept in a state of good repair at all times by the OWfllf
manager or person in charge of the premises, and the city shall never be responsible for
maintenance thereof.
Sec. 10.04.004 Designation e
1 f The fire marshal or his designated representative is hereby authorized to designate adequate l
lanes and/or turnarounds to any building when deemed necessary for fire department access in th t
event of fire in such building. Such fire lanes shall be designated only upon the agreemen
between the fire marshal and the property owner, manager or developer that such location of a
l0-15
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Lubbock Code of Ordinances Chapter /0: Fire Prevention
fire Jane is mutually acceptable. In the event an agreement cannot be reached as to the location of
any fire lane, the matter shall be presented to the building board of appeals which shall make such
designation.
Sec. 10.04.005 Parking prohibited
(a ) A person may not stop, stand, or park a vehicle within or upon an area designated or
dedicated as a fire lane. and marked b) an appro priate sign placed in a conspicuous manner.
except momentarily to pick up or discharge a passenger.
l -..... -··· ·-......... -· -··-. -·· .... . (b) If a motor vehicle, trailer, boat, machinery or similar obstruction is found parked or
unoccupied within an area designated or dedicated as a fire lane as required by this article, the
same is hereby declared a nuisance per se, and the fact that such motor vehicle, trailer, boat,
machinery or similar obstruction is parked or is unattended or unoccupied in such a manner as to
obstruct in whole or in part any such fire lane shall be prima facie evidence that the registered
owner unlawfu!Jy parked, placed or permitted to be parked or placed such obstruction within a
fire lane.
(c) The records of the state department of transportation or the county tax collector showing
the name of the person to whom the Texas highway license or boat or trailer license was issued
shall constitute prim a facie evidence of ownership by the named person.
(dl Subsection (a) does not apply if the avoidance of conflict with other traffic is necessary
or if the operator is complying with the law or the directions of a police officer or official
traffic-control device.
Sec. 10.04.006 Issuance of citations; impoundment of obstructions
(a) If any motor vehicle, trailer, boat, machinery or similar obstruction is found parked or
unattended in or upon a properly marked fire lane which has either been designated or dedicated
as a fire lane, the fire marshal or any member of the fire department designated by the fire
marshal is hereby authorized to issue a citation for such violation, charging the owner, as defined
in the preceding section, with the violation which shall constitute a misdemeanor, and may have
such obstruction removed by towing it to such place as designated by the fire marshal. Such
vehicle or obstruction may be redeemed by payment of the impounding fee and storage charges in
the same manner and at the same rate as any vehicle impounded for illegal parking as set forth in
section 20.04.021 of this code.
(b) No citation as provided for in subsection (a) above shall be voided by the redemption of the
obstruction from the place of impoundment, nor shall the violator be relieved of any penalty
assessed by a judge of the municipal court for a violation of any provisions of this article.
Sec. 10.04.007 Abandonment or closure
No owner, manager or person in charge of any premises served by a required fire lane shall
abandon or close any such fire lane without written permission of the fire marshal.
10-16
Comment [JCG4]: Conforms Sec.
I0.04.005 to Trans Code 545,3-02
Deleted: (a) No person shall park or
place nor allow. pennit or suffer to be
parked or placed or to remain unattended
any motor vehicle, trader, boat,
machinety or similar obstruction within
or upon an area designated or dedicated
as a foe lane and marked by an
appropriate sign placed in a conspicuous
place
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Lubbock Code q(Ordi'nonces Chapter JO: Fire Prevent ·on
ARTICLE 10.05 PETROLEUM PRODUCTS
Division 1. Generally
' ~-.. -· ... ------.•• ----------------
Sec. 10.05.00J. Transportation equipment
(a) All tank trucks, tank trailers and tank semitrailers used for the purpose of transporting or
moving petroleum products either loaded, empty or partly loaded within the city limits shall be so
constructed and operated as to comply with the regulations for the design, construction and
operation of such equipment for such use as approved by the Insurance Services Office and the
National Fire Protection Association, together with the laws of the state and the special
requirements of the railroad commission.
(b) Any person u jpg such equipment in the city shall keep it in good and safe condition at all
times and' upon dev lopment of any defects to tanks or motive vehicles, which would create a
hazard to p~rsons or property, such equipment shall be removed from the streets of the city until
such defect have been repaired. Any such transportation equipment shall be subject to inspection
by the city at any time to ascertain that such equipment is in safe operating condition.
Sec. 10.05.00k TransP.ortation g_enerally
It shall be unlawful for any person to transport or move petroleum products or petroleum products
tank trucks, tank trailers or tank semitrailers, loaded, empty or partly loaded, within the city
limits. other than on the approved hazardous materials transportation routes as listed in article
20.11, except that tank trucks, tank trailers and tank semitrailers may use other streets in said city
limits for transportation of petroleum products when on the shortest route between the approved
hazardous material transportation routes and an established wholesale or bulk storage business
and except when making local delivery in accordance with section I 0.05.00J. of this article.
Sec. 10,05.00~ Local deliveries
It shall be unlawful for any person to make local delivery of petroleum products in the city, unless
the delivery is made to a customer in the city who is storing the petroleum products in accordance
with this article and the laws of the state.
Secs. 10.0S.00¼--10.05.030 Reserved
10-17
Deleted: Sec. 10.os.001 Odinirions1f ,
For the purpo~ ofth1s an,cle, the
following phrases, words and their
derivatives shall be construed as defined
in this section. All other words shall hove
their usual meaning Whenever a public
official is referred to by only the title of
his office, such reference shall be
construed as if followed by the words "of
lhe City of Lubbock or his authorized
dcputy,fl unless the context indicates
othenvise.'j ,
ARW"<dc1,v routes. The approved
routes as shown on the map on file in the
office of 1he cuy ~retary, which map is
hereby made a pan of this article as if
speci6cally set out herein. and shall also
include any officially marked and
designated detour or temporal)' rot11ing of
the aforesaid routes, or other routes
hereafter approved and designated by the
city council. 1 ,
(iQ!. 1110 City of Lubbock. Texas. or any
person employed by the city when acting
for ii with authority to do so. 1
~ Le!Jtl All areas 01her lhan those included
in the definition of•'street" coniained In
this section ,1 ,
&i.!!uJ.. A narural person or persons, finn,
partnership. association or corporation. its
or lheir successors or ass,gns or the agent
of any of the afonesa!d.1
'l l'cm,le11m produ<fr. All the flammable
I
liquids having• flashpoint of two
hundn:d (200) dcgn:es Fahrenheit or
below, when tested by the closed cup
tester (National Institute of Standards and
Technology) Representative examples of
the flammable liquids are gasoline,
naphtha, bcnzol. alcohol, kerosene and
fuel 011.',I
'l S!J:i£!. A road, highway, alley or any
oilier way in the city , ,
Tonk .remi1ro1/er. A vehicle of the trailer
type having one or more axles and two
(2) or more wheels, so designed and used
in conjunction with a motor vehicle that
some pan of its own weight alld that of its
own load rests upon or is corned by
another vehicle. used for the
transportation of petroleum products and
for which purpose is provided with a tank
or tanks see111ely mounted on the frame
or chassis of such vehicle.f Cm
Deleted: 2
Deleted:3
r Deleted; 4
J Deleted: 4
Deleted: 5
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Lubbock Code of Ordinances Chopter I 0: Fire Prevenlion
Division 2. Parking Tank Trucks, Trailers, Etc.
Sec. 10.05.031 Generally
It shall be unlawful for any person to park petroleum products tank trucks, tank trailers and tank
semitrailers in the city, except as provided in this division.
Sec. 10.05.032 Emergencies
(a) When necessary, due to unforeseen emergency or failure of motive power beyond the
control of the driver of the truck, in which case, if the interval of time such tank truck, tank trailer
and tank semitrailer must be parked at any one place exceeds thirty (30) minutes, the driver shall
notify the police department which shall assist in the proper routing and handling of traffic in the
location of the parked vehicle.
(b) The tank truck, tank trailer or tank semitrailer shall be removed from the streets to
permissible parking areas outside of the city limits as soon as the condition of the equipment is
such that it is possible to remove it by its own power or with the assistance of a tow truck. A
reasonable time will be permitted for repair of the equipment in order that it will not be necessary
to obtain the service of a tow truck. During the time such equipment is unavoidably delayed and
parked on the street, all reasonable safety provisions must be observed.
Sec. 10.05.033 Bulk plant sites
Petroleum products tank trucks, tank trailers and tank semitrailers may park on the premises of
established wholesale dealers at bulk plant sites, or on any privately owned land within the city
located in zones, as defined by the zoning ordinance and the building code, which property may
be used as a wholesale gasoline bulk storage plant.
Sec. 10.05.034 Delivery stops
Petroleum products tank trucks, tank trailers and tank semitrailers may park at any place in the
city when necessary in the course of delivering to customers; provided, such truck, tank trailer
and tank semitrailer shall not block any sidewalk nor project into any street where such projection
will result in the loss of vehicular movement in a marked traffic lane; provided, however, that any
person who, due to present facilities so located that it is impossible to comply with the provisions
of this section, may make application to the traffic engineer for permission to temporarily block a
street or traffic lane for a specified period of time, other than the hours of 7:00 a.m. to 9:00 a.m.,
11 :30 a.m. to I :30 p.m. and 4:30 p.m. to 6:00 p.m.
Sec. I 0.05.035 Service stations or garages
Parking of petroleum products tank trucks, tank trailers and tank semitrailers while waiting for
repair or service at service stations or garages is permitted; provided, however, that such parking
shall be according lo the parking rules and regulations of the city.
Sec. I0.05.036 Work on vehicles while parked on public property
10-18
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Lubbock Code o(Ordmances Chapter /0: fire Pre,,entton
It shall be unlawful for any person to have work done on, or for any person to do work on,
petroleum products tank trucks, trailers or semitrailers while such are parked on or partially on
public property, including pavements, sidewalks, parkways and alleyways.
ARTICLE 10.06 LIQUEFIED PETROLEUM GAS
Division 1. Generally
1 ·----------------· -------------------.. -•-···· ---· Sec. 10.06.00 .!. Pu_rpos~~ !ln_d c_C?~str1;1_c~o_n of arti~!e
This article is hereby declared to be remedial and shall by construed to secure the beneficial
interests and purposes thereof, which are public health, safet and welfare, through provisions for
safety to life and property from fire and other hazards incident to the handling, retaining and use
of liquefied petroleum gas within or on buildings and premises within the corporate limits of the
city.
Sec. 10.06.00i Compliance with article and state la~ __
No person shall keep, store, retain, handle, haul, transport, dispense, distribute, use or consume
within the corporate limits of the city any liquefied petroleum gas, except upon full compliance
with the requirements of this article and the laws of the state.
Sec. 10.06.00i Nuisances
Whenever liquefied petroleum gas equipment is found to be defective or improperly installed, or
is being handled or operated in such a manner as to become a menace to the public safety or
welfare, the same may be deemed a nuisance by the building official, the fire inspector or the fire
chief by serving a written notice upon the owner thereof, or upon the person having control
thereof on the premises, whereupon the matter covered in the notice shall be immediately
remedied or abated.
Sec. 10.06.00$ Plans and specifications-Gas system
Prior to the installation of any liquefied petroleum gas system within the city, plans and
specifications for such installation, in duplicate, shall be submitted to the office of the building
official. Upon completion of examination by the building official, one copy of the proposed plans
will be returned marked for correction or tentative approval by the official.
Sec. 10.06.00~ --~-~.m~I?~~-t.r:i~.l_l_t_lµ,g equipment
Piping, pipetfitting, appliances and other equipment designed or intended for the distribution and
utilization o liquefied petroleum gas shall not be installed, repaired, extended or altered until a
detailed set of plans and specifications for such use and equipment has been filed in the office of
the building official and approval and pem1its obtained.
Sec. 10.06.00~ Transfer pf liquefied petroleum gas within the cih limits
10-19
Deleted: Stt. 10.06,001 Definirioru'I
'l
As used in this article, the following
words and tenns shall have the me1111ings
ascribed to them in this section.~
'I
In.vpector or inspecting autlwnty. The
buildinJ.l official, 1he fire inspector, the
fire marshal or the fire chief of the dty or
1heir designees.f
'I
liq11efjed petroleum ga.r. Any material
which is composed predominan1ly of any
of the following hydrocacbons or
mi,ctures of them: propane, propylene,
butanes (nonnal bu1ane or 1sobutane and
butylenes),'l
'I
liquefied Petroleum Go.r Docket No. J.
As revised or amended. the rules and
regulations issued by the railroad
commission, liquefied petrolewn gas
dh•ision.'J
'I l:!..w!!!-Any natural persons or
association of natural persons, trustees,
receivers, partner!hip, cocporatioo.
organization or the manager, 88ffit.
servant or employee of any ofthem.f
'I Premises. The g,-ounds, as well as 1111
buildings and appurtenances penaining
thereto, and any adjacent premises. if
directly or indirectly under the control of
the some penon.1
'f Rai/r;Jod comm,s..uon. The railroad
commission of the stale or any regular
authorized deputy or agent thm,of.1 ,
V,hti:les. Au1omobiles, tru<:ks, trailcrsto
and all appuneoances pertaining there 'I[
'I (Ordinance 1698, sec 2, adopted
4/14/1955; 1959 Code. sc<:. 12-35; 1983
Code. sec. I 1-14 l)V
, Deleted: 2
' Deleted: l
', r Deleted: 4
Deleted: 5
: Deleted: 6
· Deleted: 7
\ Deleted: from one vehicle to another
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Lubbock Code of Ordinances Chapter I 0: Fire Preven/lon
Liquefied petroleum gas shall not be transferred from one vehicle to another, within the corporate
limits of the city, except that, in case of an emergency, such transfer may be made under the
supervision of the fire marsh~l,.<~r ~h~ .. fi~e -~~P-~ll_l~!l~:. J:-!9._)jg~e~_e9. P.e~r.!-?!~!-1~--g~--~~-~!! .. ~~-..
dispensed from tank trucks or tank trailers to consumer vehicles or non•permit1ed tanks.
Sec. 10.06.00]. License to transfer from one container to another
A license from the office of the building official shall be required for any individual to transfer
liquefied petroleum gas from one container to another within the city. No fee will be charged for
this license. Before the license is issued, the individual must satisfactorily demonstrate to the
inspecting authority his ability to transfer liquefied petroleum gas. Such license shall be valid for
10-20
-·
{ Deleted: 8 J
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Lubbock Code of Ordinances Chapter I 0: Fire Preve1111·011
a period of one year from the date of issuance and may be revoked by the inspecting authority for
any just cause. Such license shall not be transferable.
Sec.10.06,00§, .9~~~tio_n_ .....
In order that the danger of escaping combustible gas may be minimized and to facilitate the quick
detection of gas leaks, all liquefied petroleum gas shall be effectively odorized so as to indicate
positively, by distinctive odor, the presence of gas down to concentration in air of as much as
one-half of one percent by volume.
( Deleted: 9
Secs. 10,06.00..2.,-10.0~.04_0 Reserved . ••···· ••..••.. ··•···•·••·····•·•••·••••·· .• · ~: 10
Division 2. Dispensers at Gasoline Service Stations
Sec. 10.06.041 Use generally
Gasoline service station owners or operators may apply for and be granted a permit by the city
council to install liquefied petroleum gas containers and equipment for the purpose of servicing
motor vehicles which are equipped to use such gas as a fuel to propel such vehicles, upon
compliance with the provisions of this article and division IX and other applicable provisions of
Liquefied Petroleum Gas Docket No. 1.
Sec. 10.06.042 Location of dispensers and parking of vehicles
Liquefied petroleum gas dispensers used at gasoline service stations shall be placed in a separate
location, and at least twenty-five (25) feet from other fuel-dispensing units. No vehicle shall be
parked within twenty (20) feet of the liquefied petroleum gas service pump, except while
delivering or receiving liquefied petroleum gas.
Sec. 10.06.043 No smoking signs
Signs with the words "No Smoking Within Twenty Feet," in letters not less than two (2) inches in
height, shall be prominently displayed at all liquefied petroleum gas service station locations.
Secs. 10.06.044-10.06.070 Reserved
Division 3. Installation Requirements
Sec. 10.06.071 Permit and license
No person shall install any tank, container or equipment for the storing or consumption of
liquefied petroleum gas, or install any piping for the distribution or use of liquefied petroleum
gas, on any premises within the city, until such person shall have secured a pennit from the fire
marshal's office of the city and shall be regularly licensed by the Texas Railroad Commission in
accordance with the provisions of the Texas Administrative Code, article [title] 16, part 1, chapter
9. No permit shall be issued unless the proposed installation complies with the Texas Railroad
Commission and the fire code or a variance granted by the building board of appeals. Permits will
not be approved when the requested location is ;i~rved by a commercial natural __ gas supply 1\1)~ or_
in residential areas where the tank installation or the refilling process would pose a danger to the
surrounding occupancies. Any permit denial may be appealed to the building board of appeals.
10-21
{ Deleted: in close proximity to _ __ _,
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Lubbock Code of Ordinances Chapter I 0: Fire Prevention
Sec. I 0.06.072 Compliance with state requirements
All appliances used with liquefied petroleum gas as a fuel shall meet the requirements of the state
as s1:t out in Liquefied Petroleum Gas Docket No. I of the railroad commission.
Sec. 10.06.073 Variance authorized
A variance may be granted to the requirements of this article by the building board of appeals,
unless another board has been designated, when the board finds:
(I) That special or peculiar conditions exist on the property to be improved which do not
apply generally to lands or improvements in the same area, and that the
circumstances or conditions are such that the strict application of the provisions of
this article would deprive the applicant of the reasonable development of the
property; and
(2) That the variance as granted by the board is the minimum that will accomplish the
reasonable development of the property as determined in subsection (I); and
(3) That the granting of the variance will not be detrimental to the public welfare or
injurious to the property or improvements in the general area; and
( 4) That the literal enforcement and strict application of the provisions of this section
[article] will result in unnecessary hardships, other than financial; and
(5) In granting any variance from the provisions of this article, the board may designate
such conditions which will substantially secure the purpose and intent of this article.
Sec. 10.06.074 Construction requirements generally
All piping shall be of metal, of a type, quality and strength suitable for use with liquefied
petroleum gas. All pipes shall have welded joints or threaded joints fitted with an approved joint
compound which is not soluble when used with liquefied petroleum gas, or an approved tubing
with compression or flared fittings may be used. All piping shall be provided to drain in its
entirety to a point outside of the building or structure in which installed. A suitable and approved
type of liquefied petroleum gas trap shall be installed outside the building or structure in an
approved manner, and no other pocket or low places shall exist in the gas system which might
provide a trap for liquid gas. If piping is to be placed underground, it shall be buried not less than
two {2) feet underground in a trench used for no other purpose.
Sec. 10.06.075 Procedure when existing system to be used
When an existing natural gas piping system is to be used for liquefied petroleum gas, all piping of
the 1:xisting system shall be removed, checked and installed in the manner prescribed for new
liquefied petroleum gas installations.
Sec. 10.06.076 Inspections
10-22
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Lubbock Code of Ordinances Chapter JO: Fire Prevention
(a) Required generally. Tanks and containers for liquefied petroleum gas shall not be placed in
service or filled upon the premises of the ultimate user, until the work of installation has been
inspected and approved by the inspecting authority.
(b) Distributing equipment. Piping, pipe fittings, appliances and other equipment for the
distribution and utilization of liquefied petroleum gas shall not be placed in service until after the
same have been tested, inspected and approved by the inspecting authority.
(c) Fees. A minimum inspection fee shall be set annual!\ in the ci~f s budget ordinance. If no
fee is established b_y budget ordinance. a minimum fee .pf !~ent)'.:tive_~olla_r_~ {R~•_00) shalJ be_
s;_h~g~Jor ~y origjnal _i_l!$!!lll~~i~!Ul1_1(!e_r J~i_s. ¥.t.i~~e1_~r_i~ •• a ~~.r~:~oJ}~_($!Q:90) kL$~~!! be _. .fh~~cl for each additional installation.
Sec. 10.06.077 Guardrails required
Storage tank installations shall have adequate protection in the form of guardrails or bumpers to
protect them from mechanical injury from being bumped or run into by trucks or other mobile
equipment.
Sec. 10.06.078 Fire extinguishers
Fire extinguishers shall be provided at storage tank installations, liquefied petroleum gas service
stations and on transport and delivery vehicles in accordance with Liquefied Petroleum Gas
Docket No. 1.
Sec. 10.06.079 Maximum vapor pressure
Persons having liquefied petroleum gas for sale or for distribution within the corporate limits of
the city shall not fill tanks and containers on vehicles, with a gas having vapor pressure which, at
one hundred ( I 00) degrees Fahrenheit, is greater than the working pressure of the tank or
container being filled, nor shall any such gas be transferred when the pressure in the originating
vessel exceeds the safety valve setting on the receiving container.
Sec. 10.06.080 Compliance by installer or repairer
Piping, pipe fittings and other equipment and appliances designed or intended for the distribution
and utilization of liquefied petroleum gas for domestic and small commercial use shall not be
installed, repaired, extended or altered unless they are made to comply with the regulations of the
railroad commission and the requirements of this article.
Sec. 10.06.081 Cutoffvalve
On all piping appliances and equipment, a master cutoff valve painted red shall be readily
accessible to firemen in case of fire.
Sec. 10.06.082 Pressure
Liquefied petroleum gas at pressures in excess of one pound per square inch shall not be
permitted inside buildings without specific approval of the inspecting authority.
10-23
Deleted: A minimum inspection charge
Deleted: made
Deleted: charge
' Deleted: made
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Lubbock Code of Ordinances Chap/er JO: Fire Prevenlion
Sec. 10.06.083 Floor furnaces
Floor furnaces shall not be permitted on liquefied petroleum gas systems.
Sec. 10.06.084 Equipment in basement or other low place
Liquefied petroleum gas piping, appliances and equipment shall not be permitted in basements or
pits or in any other low places where such gas can collect to form a dangerous inflammable
mixture.
Sec. 10.06.085 Vents
Houses having liquefied petroleum gas piping under the ground floor and having a continuous or
enclosed foundation shall have adequate vents through the foundation on all sides to prevent the
accumulation of gases in hazardous concentration.
Sec. 10.06.086 Use of rubber or leather
Natural rubber or leather, including rubber hose, shall not be used where in any manner exposed
to the solvent action of liquefied petroleum gas.
Secs. 10.06.087-10.06.110 Reserved
10-24
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Lubbock Code o[Ordinonces Chop/er JO: Fire Prevention
Division 4. Storage Containers
Sec. 10.06.111 Appeal of determination
Any violation of this division may be presented to the permit and license appeal board, or other
board or commission designated by the council, for consideration and disposition in accordance
with established policy and procedure. The permit and license appeal board or other designated
board or commission shall have all the authority to issue orders for compliance, removal, repair,
restoration or any such other orders as may be necessary to eliminate the violation including
placing a lien against the property for the costs of such actions.
Sec. 10.06.112 Design and construction generally
All tanks, containers and appurtenant equipment installed for the storage and dispensing of
liquefied petroleum gac; within the corporate limits of the city, for the purpose of providing
liquefied petroleum gas for industrial, commercial and domestic uses, shall be designed,
constructed, equipped and installed in a manner as required by the laws of the state as defined in
the Liquefied Petroleum Gas Docket No. I (regulating the handling and odorization of liquefied
petroleum gases and specifications for the design, construction and installation of equipment used
in the transportation, storage and dispensing of liquefied petroleum gases and adoption of terms
and reports) and all special regulations of the railroad commission promulgated in conformity
with the laws of the state. Copies of these regulations shall be kept on file with the city secretary
and in the office of the building official and shall be available for inspection and examination by
the public at all reasonable times.
Sec. 10.06.113 Use inside buildings
By written permission of the building official, portable liquefied petroleum gas containers may be
used, but not stored, inside of a building, when required as a fuel supply container for
Underwriters Laboratories, approved torches being used in the construction, repair or
improvement of the building or structure and its fixtures and equipment, or for other industrial
uses. Such installations shall comply with the following additional requirements:
( I) Regulator shall be connected directly to cylinder valves.
(2) Containers shall not have an aggregate capacity in excess of one hundred ( 100)
pounds.
(3) Such containers, while being used in a building, shall not be placed so that they are
subject to excessive rises in temperature, mechanical injury or to tampering by
unauthorized persons.
Sec. 10.06.114 Size
Containers larger than five thousand (5,000) water gallons' capacity shall not be erected, installed
or used; provided, that this restriction shall not be applicable to those containers attached to and
used on vehicles for transportation purposes; and provided, further, that containers larger than
five thousand (5,000) water gallons' capacity may be authorized and installed only after the
applicant has first obtained and presented to the proper city officials a written approval of such
10-25
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Lubbock Code of Ordinances Chapter I 0: Fire Prevention
installation by the chief engineer of the state department of insurance and by the director of the
liquefied petroleum gas division of the state railroad commission.
Sec. 10.06.11S Number
There shall be no more than one liquefied petroleum gas storage container at any storage tank
installation, with the exception of bulk storage tank installations.
Sec. 10.06.116 Adjustments, changes, etc., to accessories, regulators and safety devices
Adjustments, changes or alterations in the accessories, devices, regulators and safety devices of
liquefied petroleum gas containers shall not be made except by those persons authorized by, and
in the manner prescribed by, the rules and regulations adopted by the railroad commission in
Liquefied Petroleum Gas Docket No. I.
Sec. 10.06.117 Bulk storage
Bulk storage containers shall be installed in accordance with division Ill, Liquefied Petroleum
Gas Docket No. I.
Sec. 10.06.118 Filling at other than approved location
No consumer container shall be filled at any but an approved liquefied petroleum gas tank
location.
Sec. 10.06.119 Location with respect to adjoining property lines
Storage containers for liquefied petroleum gas, except bulk storage containers, shall be located,
with respect to property lines of adjoining property, in accordance with the following table:
MINIMUM DISTANCE TO PROPERTY LINE
Container Capacity
(water gallons)
0-500 gallons
501-1200 gallons
1201-2000 gallons
2001-5000 gallons
Over 5000 gallons
Underground
IO feet
25 feet
50 feet
75 feet
IOO feet
10-26
Aboveground
10 feet
20 feet
35 feet
50 feet
75 feet
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Lubbock Code o[Qrdinances Chapter /0· Fire Prevention
Sec. 10.06.120 Location with respect to buildings
Storage containers for liquefied petroleum gas, except bulk storage containers, shall be located,
with respect to any buildings other than those devoted to the transaction of liquefied petroleum
gas business operations, in accordance with the following table:
MINIMUM DISTANCE TO BUILDING
Container Capacity
( water gallons)
0-500 gallons
501-1200 gallons
1201-2000 gallons
2001-5000 gallons
Over 5000 gallons
Aboveground
10 feet
25 feet
50 feet
75 feet
IOO feet
Sec. 10.06.121 Removal or filling upon abandonment
Underground
10 feet
20 feet
35 feet
50 feet
75 feet
Underground storage tanks for flammable liquids shall be completely removed or, in exceptional
cases, filled with a material which shall return the area to the same or greater load-bearing
capacity as the surrounding area. Exceptional cases shall be deemed to be those so found by the
fire marshal, codes administrator and building inspector. If removed, said storage tanks shall be
either moved to at least five thousand (5,000) feet outside of the city limits or disposed of in a
manner not in violation of any ordinance of the City of Lubbock. Any excavation shall be filled
with clear fill dirt (no rubble or trash), and the surface shall be restored to establish grades to
provide proper dr<!,inage. In all cases where material is used to fill an underground storage tank,
the type and quantity of material shall first be approved in writing by the building official, city
engineer and fire marshal and an appropriate permit afforded. Abandonment shall be deemed to
have occurred upon cessation of use for a period of twenty-four (24) months or upon the surface
being used for an occupancy other than that involving the underground storage of flammable
liquid.
Secs. 10.06.122-10.06.150 Reserved
Division 5. Transportation Containers and Vehicles
Sec. 10.06.151 Design and construction
All containers and vehicles used for hauling or transporting liquefied petroleum gas over the
streets, alleys or public thoroughfares of the city shall be designed, constructed and operated in
accordance with the published regulations for the design, construction and operation of
automobile tank trucks and trailers for the transportation of liquefied petroleum gas, as defined in
Liquefied Petroleum Gas Docket No. I, which regulations are on file in the office of the building
official and may be examined and inspected by the public at all reasonable times.
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Sec. 10.06.152 Maintenance
All vehicles, tanks or containers for transporting liquefied petroleum gas shall be kept in good
condition at all times and, if found in use when in hazardous condition or in need of repair, such
use and condition shall constitute prima facie evidence of a violation of this article.
Sec. 10.06.153 Loading and unloading
Railroad cars, trucks and trailers transporting liquefied petroleum gas in bulk shall not be loaded
or unloaded within the corporate limits of the city, except on premises that have been approved
by the inspecting authority.
Sec. J0.06.154 Vehicle approval and identification card
No vehicle transporting liquefied petroleum gas shall be allowed inside the city limits, unless it
has been state approved and carries a current liquefied petroleum gas vehicle's identification card.
Sec. 10.06.155 Lettering ofvehicles
All truck tanks and semitrailer tanks used for the transportation of liquefied petroleum gas shall
have painted thereon, in letters not less than six (6) inches in height, the name of the owner or the
person operating the transport unit and the nature of the contents of the tanks.
Sec. 10.06.156 Parking of vehicles
(a) No transport vehicle containing liquefied petroleum gas shall be parked or stored on the
streets, alleys, public thoroughfares or at any other point except on premises owned or leased by
the owner or employee of such vehicle and approved as permanent tank locations as provided for
in this article; provided, however, that the vehicle may be parked at the point where the
commodity is to be delivered and such delivery is made without undue delay.
(b) Transport vehicles shall be parked otherwise in accordance with division IV, Liquefied
Petroleum Gas Docket No. I.
Secs. 10.06.157-10.06.180 Reserved
Division 6. Vehicles Using Liquefied Petroleum Gas
Sec. 10.06.181 Generally
Vehicles using liquefied petroleum gas for fuel for motive power and self-propulsion, which gas
has a vapor pressure of less than two hundred (200) pounds per square inch at one hundred ( I 00)
degrees Fahrenheit temperature, are exempt from all other requirements of this article; provided,
that they comply with the requirements of sections 10.06.182-10.06.l 84.
Sec. I 0.06.182 Capacity and ventilation of tanks
Tanks or containers for liquefied petroleum gas shall not exceed thirty (30) water gallons'
capacity for passenger vehicles and shall not exceed one hundred fifty ( 150) water gallons'
capacity for all commercial vehicles, including trucks and buses, and such tanks shall be provided
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with complete free-air ventilation downward to avoid accumulation of gas and shall be vented
with at least a two-inch horizontal vent.
Sec. 10.06.183 Pressure requirements for tanks
Tanks or containers for liquefied petroleum gas shall be designed and equipped for a working
pressure of at least two hundred (200) pounds per square inch and shall comply fully with the
railroad commission regulations relative to excess flow valves and pressure-relief valves.
Sec. 10.06.184 Other equipment
Tanks, containers, regulators, carburetors and all other equipment to make a complete system for
using liquefied petroleum gas as a motor fuel shall be subject to such further regulation as the
inspecting authority may find necessary in the interest of public safety.
Sec. 10.06.185 Fire extinguishers on public conveyances
Fire extinguishers of three (3) pounds dry powder or larger shall be provided and maintained in
good working condition on all public conveyances using liquefied petroleum gas as a motor fuel.
ARTICLE 10.07 FIRE EXTINGUISHER SERVICE BUSINESS
Sec. I0.07.001 Enforcement by injunction
In addition to any other remedy provided in this code for the enforcement of this article, the city
shall have the right to enjoin any violation of this article by injunction issued by a court of
competent jurisdiction.
Sec. 10.07.002 Licenses and certificates of compliance required
It shall be unlawful for any person to engage in the fire extinguisher service business within the
corporate limits of the city without first meeting the requirements of the Texas Insurance Code,
article S.43-1, Fire Extinguishers; and 28 TAC sec. 34.S0 I et seq., the Fire Extinguisher Rules. It
shall be unlawful for any person to act, within the corporate limits of the city, as an agent,
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employee or representative of any person engaged in the fire extinguisher service business
without being licensed by the state.
ARTICLE 10.08 FIREWORKS
Division 1. Generally
Sec. 10.08.001 Definitions
All definitions for fireworks and fireworks displays will be taken from the Occupations Code of
Texas, chapter 2154, sec. 2154.001.
Sec. 10.08.002 Exemptions
This article does not apply to the exemptions found in the Occupations Code of Texas, chapter
2154, sec. 2154.002.
Sec. 10.08.003 Possession, sale, etc., generally
No person may manufacture, sell or give away fireworks, or store, possess or use fireworks,
unless:
(I) The fireworks are stored, possessed or used for public display purposes and not for
promotional or advertising purposes; and
(2) The requirements of this article are satisfied.
Sec. 10.08.004 Penalty; seizure
Violation of the provisions of this article is a misdemeanor punishable by a fine not exceeding
one thousand dollars ($1,000.00), and in addition the fire marshal or fire chief may seize, remove
or cause to be seized or removed those fireworks offered or exposed for sale or stored or
possessed or transported in violation of this code.)
Sec. 10.08.005 Storage, use and handling of explosives, fireworks and pyrotechnic
materials
Storage, use and handling of fireworks and pyrotechnic special effects materials shall be in
accordance with the fire code and as required by state regulations listed under the Occupations
Code of Texas, chapter 2154.
Secs. 10.08.006-10.08.030 Reserved
Division 2. Permit
Sec. 10.08.031 Required
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No person may store, possess or use fireworks without first obtaining a permit for that purpose
from the fire marshal or fire chief.
Sec. 10.08.032 Application
An applicant for a permit under this article shall, at least fifteen (15) days before using fireworks,
file with the fire marshal or fire chief a completed permit application showing the:
(l) Pyrotechnist's:
(A) Business address;
(8) Proof of legal competency; and
(C) Record of previous experience with fireworks;
(2) Address of the proposed display;
(3) Amount, type and class offireworks to be used;
(4) Address of the company supplying the fireworks;
(5) Date of proposed display;
(6) Starting and ending times of the proposed display;
(7) Diagram of the proposed display grounds, detailing:
(A) Firing points;
(B) Location of buildings and highways on or adjoining the grounds:
(C) Spectator restraining lines; and
(D) Overhead obstructions;
(8) Completed permit application to the state fire marshal, including the surety bond or
insurance coverage required by state law.
Sec. 10.08.033 Fee
The permit fee for a the display of fireworks, including proximate audience displays and
pyrotechnic special effects in motion picture, television, theatrical, and group entertainment
productions, shall be set annually in the city's budget ordinance. lfno fee is established b budget
ordinance. the fee shall be one hundred fifteen dollars ($1 I 5.00) for each proposed public display
or five hundred dollars ($500.00) for an annual permit. The fire marshal or fire chief shall have
the authority to revoke or deny a permit under this article if the permittee fails to pay such permit
fee upon application for such permit.
Sec. 10.08.034 Approval or refusal generally
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The fire marshal or fire chief shall, within five (5) days from the date of the completion of the
requirements in section 10.08.032 of this article, approve or refuse to approve issuance of a
permit hereunder. If the fire marshal or fire chief refuses to approve issuance, he shall
immediately send to the applicant, by certified mail, return receipt requested, a written statement
explaining the basis of the refusal.
Sec. 10.08.035 Grounds for refusal
The fire marshal or fire chief shall refuse to approve issuance of a permit under this article if the
applicant:
( I} Intentionally makes a false statement as to a material matter in the permit application;
(2) Is a fugitive from justice;
(3) Is under a felony indictment;
(4) Has been finally convicted of a felony offense within the five-year period
immediately preceding the filing of the application;
(5) Has been finally convicted of a misdemeanor violation of an explosives law or
regulation within the two-year period immediately preceding filing of the application;
(6) Held a pennit issued under this article, which permit was revoked within the one-year
period immediately preceding the filing of the application;
(7) Fails to pay the required permit fee u11on application for such permit.
Sec. 10.08.036 Appeals from refusal or revocation
If the fire marshal or fire chief refuses to approve the issuance of a permit or revokes a permit
issued under this article, that action is final unless the applicant or permittee, within ten (10) days
after receiving a written notice of the action, files a written appeal with the city secretary. Such
appeal shall be heard by the permit and license appeal board at its next regular meeting.
Sec. 10.08.037 Transfer; duration
(a) A permit under this article is neither transferable nor assignable.
(b) A permit expires:
(I) On the expiration date shown on the permit;
(2) When the permittee completes the permitted activity:
(3) When the permittee abandons the permitted activity; or
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(4) If the permittee is an employee conducting the permitted activity within the course
and scope of his employment, when his employer's permit expires or is revoked,
whichever occurs first.
Sec. 10.08.038 Duties of permittee
A permittee under this article shall:
(1) Upon request, make his permit available for inspection to a member of the fire
department, police officer or other authorized person;
(2) Notify the fire marshal or fire chief of the loss or destruction of an unexpired permit,
notice to be given immediately upon discovery of the loss or destruction;
(3) Secure a replacement permit for that lost or destroyed;
(4) Comply immediately with the fire marshal's or fire chiefs order to dispose of
fireworks which become hazardous during the performance of the permitted activity;
and
(5) Return his permit to the fire marshal or fire chief immediately upon its expiration,
together with a statement detailing the cause of expiration and the disposition of
unused fireworks.
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Sec. 10.08.039 Revocation
(a) The fire marshal or fire chief shall revoke a permit under this article if the permittee:
(I) Intentionally makes a false statement as to a material matter in the pennit application;
(2) Knowingly allows another to use his permit;
(3) Violates a term or condition of the permit;
(4) Fails within the applicable time period to comply with an order or notice served on
him under this article; or
(5) Fails to discharge a duty imposed on him by this division.
(b) The fire marshal or fire chief shall, within five (5) days from the date of revocation, send to
the pennittee by certified mail, return receipt requested, a written statement explaining the basis
of the revocation.
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Sec. 10.05.001 Definitions
For the purpose of this article, the following phrases, words and their derivatives shall be
construed as defined in this section. All other words shall have their usual meaning. Whenever a
public official is referred to by only the title of his office, such reference shall be construed as if
followed by the words "of the City of Lubbock or his authorized deputy," unless the context
indicates otherwise:
AP,proved city routes. The approved routes as shown on the map on file in the office of the city
secretary, which map is hereby made a part of this article as if specifically set out herein, and
shall also include any officially marked and designated detour or temporary routing of the
aforesaid routes, or other routes hereafter approved and designated by the city council.
City. The City of Lubbock, Texas, or any person employed by the city when acting for it with
authority to do so.
Land. All areas other than those included in the definition of "street" contained in this section.
Person. A natural person or persons, firm, partnership, association or corporation, its or their
successors or assigns or the agent of any of the aforesaid.
Petroleum products. All the flammable liquids having a flashpoint of two hundred (200) degrees
Fahrenheit or below, when tested by the closed cup tester (National Institute of Standards and
Technology). Representative examples of the flammable liquids are gasoline, naphtha, benzol,
alcohol, kerosene and fuel oil.
Street. A road, highway, alley or any other way in the city.
Tank semitrailer. A vehicle of the trailer type having one or more axles and two (2) or more
wheels, so designed and used in conjunction with a motor vehicle that some part of its own
weight and that of its own load rests upon or is carried by another vehicle, used for the
transportation of petroleum products and for which purpose is provided with a tank or tanks
securely mounted on the frame or chassis of such vehicle.
Tank trailer. Any vehicle, without its own motive power, but drawn by a motor vehicle, used for
the transportation of petroleum products and which, for such purpose, is provided with a tank or
tanks securely mounted on the frame or chassis of such vehicle.
Tank truck. Any motor vehicle while used for the transportation of petroleum products and which,
for such purpose, is provided with a tank or tanks securely mounted on the frame or chassis of
such vehicle.
(Ordinance 1697, sec. I, adopted 4/1 4/1 955; 1959 Code, sec. 12-29; 1983 Code, sec. 11-111)