(A)

Whenever a building within the city is constructed, remodeled or converted for use as a food products or service establishment as described in Title 12 (Public Health), properly prepared plans and specifications for such construction, remodeling, or conversion in accordance with the Administrative Manual and the Buildings Criteria Manual shall be submitted to the Health Authority for review and approval prior to beginning the construction, remodeling or conversion. The Health Authority shall approve the plans and specifications if they meet the requirements of the Administrative Manual, Buildings Criteria Manual, and all applicable laws. No food establishment shall be constructed, remodeled, or converted except in accordance with plans and specifications approved by the Health Authority.

(B)

Whenever plans and specifications are required to be submitted to the Health Authority by Subsection (A), the Health Authority shall inspect the food establishment prior to commencement of operation to determine compliance with the approved plans and specifications and with the requirements of all applicable laws.

Source: Section 13-8-50; Ord. 990225-70; Ord. 031211-11.

(A)

Except as provided in Subsection (B), grease traps shall be installed and properly operated in all food establishments where preparation of food occurs on the premises. The design and construction of any grease trap shall be approved by the building official or the official's designee. The director of the Water and Wastewater Utility shall determine the minimum acceptable capacity and size of any grease trap, shall issue permits for the operation of grease traps and shall be responsible for enforcement of the proper operation of grease traps.

(B)

A grease trap is not required for a food establishment that:

(1)

serves only beverages; or

(2)

is a Category 1 or Category 2 charitable feeding organization as established under City Code Subsection (B) of Section 10-3-100 (Charitable Feeding Organizations).

Source: Section 13-8-51; Ord. 990225-70; Ord. 031211-11; Ord. No. 20210506-013, Pt. 10, 5-17-21.

(A)

This article applies to the design, construction of buildings and structures, and additions and alterations to buildings and structures located in flood hazard areas.

(B)

This article is administered, implemented, and enforced in conjunction with each article of Chapter 25-12 (Technical Codes).

(C)

This article is amended in the same manner as the Building and Residential Codes.

(Ord. No. 20210603-059, Pt. 4, 9-1-21)

(A)

Except as otherwise provided, the definitions in this subsection apply to all articles in this chapter:

(1)

BASE FLOOD. A flood that has the following characteristics:

(a)

For areas amended to incorporate Atlas 14 data, a flood that has a one percent chance of being equaled or exceeded in any given year (100-year flood) calculated under fully developed conditions as prescribed by the Drainage Criteria Manual as amended to incorporate Atlas 14 data;

(b)

For areas not yet amended to incorporate Atlas 14 data, a flood that has a 0.2 percent chance of being equaled or exceeded in any given year (500-year flood) calculated under the conditions underlying the FEMA Flood Insurance Studies listed in Section 25-12-53(B)(1) or as calculated under existing conditions as prescribed by the Drainage Criteria Manual using data predating Atlas 14; or

(c)

For the Colorado River, a flood that has a one percent chance of being equaled or exceeded in any given year (100-year flood) calculated under the conditions underlying the FEMA Flood Insurance Rate Map dated January 6, 2016, or as subsequently revised.

(2)

BASE FLOOD ELEVATION. The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM).

(3)

DESIGN FLOOD. A flood that has the following characteristics:

(a)

For areas amended to incorporate Atlas 14 data, a flood associated with an area of a floodplain subject to a one percent or greater chance of being flooded in any year (100-year flood) based on projected full development in accordance with the City of Austin Drainage Criteria Manual as amended to incorporate Atlas 14 data;

(b)

For areas not yet amended to incorporate Atlas 14 data, a flood associated with an area of a floodplain subject to a 0.2 percent or greater chance of being flooded in any year (500-year flood) calculated under the conditions underlying the FEMA Flood Insurance Studies listed in Section 25-12-53(B)(1), or as calculated under existing conditions as prescribed by the Drainage Criteria Manual using data predating Atlas 14;

(c)

For the Colorado River, a flood associated with an area of a floodplain subject to a one percent or greater chance of being flooded in any year (100-year flood) as depicted on the FEMA Flood Insurance Rate Map dated January 6, 2016, or as subsequently revised.

(4)

DESIGN FLOOD ELEVATION. The elevation of the "design flood" relative to the City of Austin vertical datum standard.

(5)

DEVELOPMENT. Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, operations and other land disturbing activities.

(6)

FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land from:

(a)

the overflow of inland waters; or

(b)

the unusual and rapid accumulation or runoff of surface waters from any source.

(7)

FLOOD DAMAGE-RESISTANT MATERIALS. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair.

(8)

FLOOD HAZARD AREA. An area that has the following characteristics:

(a)

For areas amended to incorporate Atlas 14 data, an area within a floodplain subject to a one percent or greater chance of being flooded in any year (100-year flood) based on projected full development in accordance with the City of Austin Drainage Criteria Manual as amended to incorporate Atlas 14 data;

(b)

For areas not yet amended to incorporate Atlas 14 data, an area of a floodplain subject to a 0.2 percent or greater chance of being flooded in any year (500-year flood) calculated under the conditions underlying the FEMA Flood Insurance Studies listed in 25-12-53(B)(1), or as calculated under existing conditions as prescribed by the Drainage Criteria Manual using data predating Atlas 14;

(c)

For the Colorado River, an area within a floodplain subject to a one percent or greater chance of being flooded in any year (100-year flood) as depicted on the FEMA Flood Insurance Rate Map dated January 6, 2016, or as subsequently revised.

(9)

FLOOD INSURANCE RATE MAP (FIRM). An official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

(10)

FLOOD INSURANCE STUDY. The official report provided by the Federal Emergency Management Agency containing the Flood Insurance Rate Map (FIRM), the Flood Boundary Map, the water surface elevation of the base flood, and supporting technical data.

(11)

FLOODWAY. The channel of the river, creek, or other watercourse and the adjacent land areas that shall be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. An area that has the following characteristics:

(a)

For the Colorado River, an area with a floodplain subject to a four percent or greater chance of flooding in any year (25-year flood) based on existing developed conditions as prescribed by the Drainage Criteria Manual using data predating Atlas 14; or

(b)

For all other rivers, creeks, and watercourses in areas amended to incorporate Atlas 14 data, an area with a four percent or greater chance of flooding in any year (25-year flood) based on a projected full development in accordance with the City of Austin Drainage Criteria Manual as amended to incorporate Atlas 14 data; or

(c)

For all other rivers, creeks, and watercourses in areas not yet amended to incorporate Atlas 14 data, an area with a one percent or greater chance of flooding in any year (100-year flood) based on a projected full development in accordance with the City of Austin Drainage Criteria Manual using data predating Atlas 14.

(12)

FUNCTIONALLY DEPENDENT FACILITY. A facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading or unloading of cargo or passengers, shipbuilding or ship repair. The term does not include long-term storage, manufacture, sales or service facilities.

(13)

MANUFACTURED HOME. A structure that is transportable in one or more sections, built on a permanent chassis, designed for use with or without a permanent foundation when attached to the required utilities, and constructed to the Federal Mobile Home Construction and Safety Standards and rules and regulations promulgated by the U.S. Department of Housing and Urban Development. The term also includes mobile homes, park trailers, travel trailers and similar transportable structures that are placed on a site for 180 consecutive days or longer.

(14)

MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

(15)

RECREATIONAL VEHICLE. A vehicle that is built on a single chassis, 400 square feet (37.16 m2) or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but, as temporary living quarters for recreational, camping, travel or seasonal use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect-type utilities and security devices and has no permanently attached additions.

(16)

REGULATORY FLOOD DATUM. An established plane of reference from which elevations and depth of flooding may be determined for specific locations of the floodplain. It is the water level of the design flood plus a freeboard factor of one foot. Design flood plus freeboard equals Regulatory Flood Datum.

(17)

SPECIAL FLOOD HAZARD AREA. The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or VI-30.

(18)

START OF CONSTRUCTION. The date a permit is issued for new construction or substantial improvements to existing structures if construction, repair, reconstruction, rehabilitation, addition, placement or other improvement starts within 180 days from the date the permit is issued. Construction starts when permanent construction of a building (including a manufactured home) is first placed and includes pouring a slab or footing, installing pilings, or constructing columns. Permanent construction does not include preparing land (clearing, excavating, grading, or filing); installing streets or walkways; excavating for a basement, footing, pier, or foundation; or erecting temporary forms or installing accessory buildings not occupied as dwelling units or not part of the main building. For a substantial improvement, construction starts when a wall, ceiling, floor, or other structural part of a building is altered even if the alteration does not affect the external dimensions of the building.

(19)

SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its before-damage condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

(20)

SUBSTANTIAL IMPROVEMENT. For the purpose of determining compliance with the flood hazard management provisions of the Building Code, a substantial improvement is any combination of repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure during the immediate 10-year period, the cost of which cumulatively equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either of the following:

1.

Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.

2.

Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure; for the purpose of this exclusion, a historic building is a building that is:

a.

listed or preliminarily determined to be eligible for listing in the National Register of Historic Places; or

b.

determined by the Secretary of the U.S. Department of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined to qualify as a historic district; or

c.

designated as historic under a State of Texas or local historic preservation program that is approved by the Department of the Interior.

(22)

VARIANCE. A grant of relief from the requirements of this article which permits construction in a manner otherwise prohibited by this article where specific enforcement would result in unnecessary hardship.

(B)

A term defined in an article in this chapter has the same meaning in this article.

(Ord. No. 20210603-059, Pt. 4, 9-1-21; Ord. No. 20241121-079, Pt. 1, 12-2-2024)

(A)

General.

(1)

Within flood hazard areas as established in Subsection (B) (Establishment of flood hazard areas), all new construction and alterations of buildings, structures and portions of buildings and structures, including substantial improvement and restoration of substantial damage to buildings and structures, shall be designed and constructed to resist the effects of flood hazards and flood loads. When new construction constitutes a substantial improvement or restoration of substantial damage all aspects of the existing structure shall be brought into compliance with the requirements for new construction for flood design. All elevation requirements noted in this ordinance shall be documented using the Elevation Certificate, FEMA 086-0-33, and shall be certified by a registered professional engineer, surveyor, or architect, and shall be submitted to the Floodplain Administrator.

(2)

Except as otherwise provided, this section applies to residential and non-residential building and structures.

(B)

Establishment of flood hazard areas. The City establishes a flood hazard area that includes the following:

(1)

areas of special flood hazard areas identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for Williamson County, Texas and Incorporated Areas" dated December 20, 2019, with accompanying Flood Insurance Rate Maps (FIRM) dated December 20, 2019, the current scientific and engineering report entitled "The Flood Insurance Study (FIS) for Travis County, Texas and Incorporated Areas" dated January 6, 2016, with accompanying Flood Insurance Rate Maps dated January 6, 2016, the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for Hays County, Texas and Incorporated Areas" dated January 17, 2025, with accompanying Flood Insurance Rate Maps (FIRM) dated January 17, 2025, and any revisions are adopted by reference and declared to be a part of this section; and

(2)

the 100-year and 25-year floodplains as defined in the Austin City Code are adopted by reference and declared to be part of this section.

(C)

Design and construction. The design and construction of buildings and structures, and additions and alterations to buildings and structures located in flood hazard areas, shall be in accordance with ASCE 24, Flood Resistant Design and Construction.

(1)

Elevation Requirements.

(a)

Unless otherwise specified in Title 25 (Land Development), the lowest floor of a building or structure shall be elevated a minimum of two feet above the design flood elevation.

(b)

Freeboard. Unless otherwise specified in the Title 25 (Land Development), a minimum freeboard of two foot shall be added where the design flood elevation or other elevation requirements are specified.

(c)

In areas of shallow flooding (AO Zones), the lowest floor (including a basement) of a building or structure shall be elevated higher than the highest adjacent grade as the depth number specified in feet (mm) on the FIRM plus two feet, or at least three feet (915 mm) if a depth number is not specified.

(d)

A basement floor that is below grade on all sides shall be elevated at least two feet above the design flood elevation.

Exceptions: An enclosed area, including a basement, which is below the design flood elevation but not below grade on all sides shall meet the requirements in Subsection (C)(2) (Enclosed area below design flood elevation).

(2)

Enclosed area below design flood elevation. An enclosed area, including a crawl space, that is below the regulatory flood datum shall:

(a)

be used only for parking vehicles, building access or storage excluding property, material, or equipment that may constitute a safety hazard when contacted by flood waters;

(b)

include flood openings that meet the following criteria:

(i)

the enclosed area shall have a minimum of two openings located on different sides of the enclosed area; if a building includes more than one enclosed area below the design flood elevation, each area shall have openings on exterior walls;

(ii)

the total net area of all openings shall be at least 1 square inch (645 mm2) per square foot (0.093 m2) of the enclosed area, or the openings are designed and the construction documents state that the design and installation will provide for the equalization of hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwaters;

(iii)

the bottom of each opening is 1 foot (305 mm) or less above adjacent ground level;

(iv)

each opening is at least 3 inches (76 mm) in diameter;

(v)

any louvers, screens or other opening covers allow the automatic flow of floodwaters into and out of the enclosed areas;

(vi)

a door or window that does not meet the requirements in Subsection (C)(2)(b)(i) through (v) does not comply with this section; and

(vii)

constructed of flood damage-resistant materials.

(3)

Provisions of safe refuge.

(a)

A building or structure constructed in the flood hazard area where the ground surface is below the design flood elevation or where flood water velocities at the building may exceed five feet per second shall provide an enclosed refuge space two feet or more above the design flood elevation of sufficient area to provide for the occupancy load with a minimum of 12 square feet per person. The refuge space shall be provided to an exterior platform and stairway not less than three feet wide.

(b)

An existing building or structure in a flood hazard area that is substantially improved or where a change of use or occupancy is made, shall conform to the requirements of Subsection (a).

(c)

Regardless of the structure or space classification, a floor level or portion of a building or structure that is lower than two feet above the design flood elevation shall not be used residentially, or for storage of any property, materials, or equipment that might constitute a safety hazard when contacted by flood waters.

(4)

Means of egress.

(a)

Unless otherwise approved by the building official, normal access to the building shall be by direct connection with an area that is a minimum of one foot above the design flood elevation.

(b)

For a building that is part of a single-family condo regime residential building permit application and part of a site plan that was approved between December 1, 2017, and November 25, 2019, compliance with this section shall be determined at the time of site plan approval.

(c)

For a building that is part of a single-family building permit application and part of (a) a preliminary plan that was submitted for approval between December 1, 2014, and November 25, 2019, or (b) a final plat that was approved between December 1, 2017, and November 25, 2019, compliance with this section shall be determined at the time of preliminary plan or final plat approval, respectively.

(d)

For all other buildings subject to Article 11 (Residential Code), compliance with this section shall be determined at the time of building permit application.

Exception: This subsection does not apply to an addition or alteration to an existing building or structure subject to Article 11 (Residential Code) that is not a substantial improvement as defined in Section 25-12-52 (Definitions).

(5)

Installation of openings. The walls of enclosed areas shall have openings installed such that:

(a)

There shall be not less than two openings on different sides of each enclosed area; if a building has more than one enclosed area, each area shall have openings.

(b)

The bottom of each opening shall be not more than 1 foot (305 mm) above the higher of the final interior grade or floor and the finished exterior grade immediately under each opening.

(c)

Openings shall be permitted to be installed in doors and windows; doors and windows without installed openings do not meet the requirements of this section.

(D)

Flood hazard documentation. For construction in flood hazard areas, the following documentation shall be prepared and sealed by a registered design professional and submitted to the building official:

(1)

The elevation of the lowest floor, including the basement, as required by the lowest floor elevation inspection in Building Code Section 110.3.3 (Lowest floor elevation) and for the final inspection in Building Code Section 110.3.10.1 (Flood hazard documentation).

(2)

For fully enclosed areas below the design flood elevation where provisions to allow for the automatic entry and exit of floodwaters do not meet the minimum requirements in Section 2.6.2.1 of ASCE 24, construction documents shall include a statement that the design will provide for equalization of hydrostatic flood forces in accordance with Section 2.6.2.2 of ASCE 24.

(3)

For dry flood-proofed nonresidential buildings, construction documents shall include a statement that the dry floodproofing is designed in accordance with ASCE 24.

(4)

The as-built elevation documentation of the elevations specified in Section 25-12-53(C)(1) (Elevation Requirements).

(Ord. No. 20210603-059, Pt. 4, 9-1-21; Ord. No. 20241121-079, Pt. 2, 12-2-2024)

(A)

Statutory Authorization. As a home-rule city, the City of Austin has the responsibility and power to adopt regulations designed to minimize flood losses. The Legislature of the State of Texas has in Sections 16.3145 and 16.315 of the Texas Water Code authorized local government units to adopt regulations designed to minimize flood losses.

(B)

Administration.

(1)

Purpose. The purpose of this section is to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas designed to:

(a)

prevent unnecessary disruption of commerce, access and public service during times of flooding;

(b)

manage the alteration of natural flood plains, stream channels and shorelines;

(c)

manage filling, grading, dredging and other development which may increase flood damage or erosion potential;

(d)

prevent or regulate the construction of flood barriers which will divert floodwaters or which can increase flood hazards;

(e)

contribute to improved construction techniques in the flood plain;

(f)

restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; and

(g)

require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.

(2)

Objectives. The objectives of this section are to protect human life, minimize the expenditure of public money for flood control projects, minimize the need for rescue and relief efforts associated with flooding, minimize prolonged business interruption, minimize damage to public facilities and utilities, help maintain a stable tax base by providing for the sound use and development of flood-prone areas, contribute to improved construction techniques in the flood plain and ensure that potential owners and occupants are notified that property is within flood hazard areas.

(3)

Scope. The provisions of this section shall apply to all proposed development in a flood hazard area established in Section 25-12-53 (Flood Loads) of this code.

(4)

Alternative provisions. As an alternative to the requirements applicable to building and structures subject to Article 11 (Residential Code), ASCE 24 is permitted subject to the limitations of this code and the limitations therein.

(5)

Structural systems. Structural systems of buildings and structures shall be designed, connected and anchored to resist flotation, collapse or permanent lateral movement due to structural loads and stresses from flooding equal to the design flood elevation.

(6)

Flood-resistant construction. Buildings and structures erected in areas prone to flooding shall be constructed by methods and practices that minimize flood damage.

(C)

Applicability.

(1)

General. This section, in conjunction with other applicable provisions in this chapter, provides minimum requirements for development located in flood hazard areas, including:

(a)

the subdivision of land;

(b)

site improvements and installation of utilities;

(c)

placement and replacement of manufactured homes;

(d)

placement of recreational vehicles;

(e)

new construction and repair, reconstruction, rehabilitation, or additions to new construction;

(f)

substantial improvement of existing buildings and structures, including restoration after damage; and

(g)

the installation of tanks.

(2)

Abrogation and greater restrictions. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and another city code provision, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(3)

Establishment of flood hazard areas. Flood hazard areas are established in Section 25-12-53(B) (Establishment of flood hazard areas).

(4)

Nonconforming Uses. A structure, or the use of a structure or premises, which was lawful before the adoption of the Building Code, but which does not conform with the requirements of these regulations, may be continued subject to the following conditions:

(a)

No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity.

(b)

No substantial improvement of the structure shall be made unless the structure is changed to conform to these regulations.

(c)

If a nonconforming use is discontinued for a period of 90 days, any future use of the building or premises shall conform to these regulations.

(d)

Any nonconforming use or structure which is destroyed by any means, including floods, to an extent of 50 percent or more of its market value, shall not be reconstructed except in conformance with the provisions of these regulations.

(D)

Powers and Duties.

(1)

Permit applications. All applications for permits shall comply with the following:

(a)

The building official shall review all permit applications to determine whether proposed development is located in flood hazard areas established in Section 25-12-53(B) (Establishment of flood hazard areas).

(b)

Where a proposed development site is in a flood hazard area, all development to which this section is applicable as specified in Subsection (C)(1) (General) shall be designed and constructed with methods, practices and materials that minimize flood damage and that are in accordance with the applicable provisions in Chapter 25-12 (Technical Code) and ASCE 24.

(2)

Other Permits. It shall be the responsibility of the building official to ensure that approval of a proposed development shall not be given until proof that necessary approvals and/or permits have been granted by federal, state, or local agencies having jurisdiction over such development.

(3)

Establishing the design flood elevation. The design flood elevation defines areas prone to flooding and describes, at a minimum, the base flood elevation at the depth of peak elevation of flooding based upon:

(a)

For areas amended to incorporate Atlas 14 data, the 100-year floodplain calculated under fully developed conditions in accordance with the City of Austin Drainage Criteria Manual as amended to incorporate Atlas 14 data;

(b)

For areas not yet amended to incorporate Atlas 14 data, the 500-year floodplain either as depicted on the FEMA Flood Insurance Rate Map as of January 6, 2016, as subsequently revised, or as calculated under existing conditions as prescribed by the Drainage Criteria Manual using data predating Atlas 14; or

(c)

For the Colorado River, the 100-year floodplain as depicted on the FEMA Flood Insurance Rate Map dated January 6, 2016, or as subsequently revised.

(4)

Determination of design flood elevations. If design flood elevations are not specified, the building official is authorized to require the applicant to:

(a)

Obtain, review and reasonably utilize data available from a federal, state or other source; or

(b)

Determine the design flood elevation in accordance with the 100-year floodplain as defined in the Austin City Code. Such analyses shall be performed and sealed by a Professional Engineer licensed by the State of Texas. Studies, analyses and computations shall be submitted in sufficient detail to allow review and approval by the building official. The accuracy of data submitted for such determination shall be the responsibility of the applicant.

(5)

Determination of impacts. In a riverine flood hazard area where design flood elevations are specified but floodways have not been designated, an applicant shall demonstrate that the effect of the proposed building or structure on design flood elevations, including fill, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the design flood elevation at any point within the jurisdiction.

(6)

Activities in riverine flood hazard areas. In riverine situations, the building official shall not permit any new construction, substantial improvement or other development, including fill, unless the applicant submits an engineering analysis prepared by a registered design professional, demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the design flood elevation at any point that results in additional adverse flooding on other property.

(7)

Lowest floor. The lowest floor shall be the floor of the lowest enclosed area, including basement. The lowest floor does not include any unfinished flood-resistant enclosure that is used only for vehicle parking, building access, or limited storage, unless the enclosure is built to cause the building or structure to violate this section.

Exception: An unfinished enclosure used for storage of property, materials, or equipment that constitute a safety hazard if contacted by flood waters is a lowest floor.

(8)

Protection of mechanical, plumbing and electrical systems. Electrical systems, equipment and components; heating, ventilating, air-conditioning; plumbing appliances and plumbing fixtures; duct systems; and other service equipment shall be located at or above the elevation required in Section 25-12-53(C)(1) (Elevation Requirements). If replaced as part of a substantial improvement, electrical systems, equipment and components; heating, ventilating, air-conditioning and plumbing appliances and plumbing fixtures; duct systems; and other service equipment shall meet the requirements of this section. Systems, fixtures, and equipment and components shall not be mounted on or penetrate through walls intended to break away under flood loads.

Exception: Locating electrical systems, equipment and components; heating, ventilating, air-conditioning; plumbing appliances and plumbing fixtures; duct systems; and other service equipment is permitted below the elevation required in Section 25-12-53(C)(1) (Elevation Requirements) provided that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the required elevation in accordance with ASCE 24. Electrical wiring systems are permitted to be located below the required elevation provided that they conform to the provisions of the electrical part of this code for wet locations.

(9)

Protection of water supply and sanitary sewage systems. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems in accordance with the plumbing provisions of this code. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into systems and discharges from systems into floodwaters in accordance with the plumbing provisions of this code and Chapter 3 of the International Private Sewage Disposal Code.

(10)

Flood-resistant materials. Building materials and installation methods used for flooring and interior and exterior walls and wall coverings below the elevation required in Section 25-12-53(C)(1) (Elevation Requirements) shall be flood damage-resistant materials that conform to the provisions of FEMA TB-2.

(11)

Floodway encroachment. Prior to issuing a permit for any floodway encroachment, including fill, new construction, substantial improvements and other development or land-disturbing activity, the building official shall require submission of a certification prepared by a Professional Engineer licensed by the State of Texas, along with supporting technical data in accordance with the City of Austin Drainage Criteria Manual, demonstrating that such development will not cause any increase of the level of the design flood.

(12)

Floodway revisions. A floodway encroachment that increases the level of the design flood may be considered for a variance only if the applicant has applied for a conditional Flood Insurance Rate Map (FIRM) revision and has received the approval of the Federal Emergency Management Agency (FEMA) provided the conditional Flood Insurance Rate Map (FIRM) revision is required by the City of Austin Drainage Criteria Manual.

(13)

Watercourse alteration. Prior to issuing a permit for any alteration or relocation of any watercourse, the building official shall require the applicant to provide notification of the proposal to the appropriate authorities of all affected adjacent government jurisdictions, as well as appropriate state agencies. A copy of the notification shall be maintained in the permit records and submitted to FEMA.

(14)

Engineering analysis. The building official shall require submission of an engineering analysis in accordance with the City of Austin Drainage Criteria Manual performed and sealed by a Professional Engineer licensed by the State of Texas demonstrating that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased. Such watercourses shall be maintained in a manner which preserves the channel's flood-carrying capacity.

(15)

Records. The building official shall maintain a permanent record of all permits issued in flood hazard areas, including copies of inspection reports and certifications required in Section 25-12-53(D) (Flood hazard documentation).

(16)

Inspections. Development for which a permit under this section is required shall be subject to inspection. The building official or the building official's designee shall make, or cause to be made, inspections of all development in flood hazard areas authorized by issuance of a permit under this section.

(E)

Permits.

(1)

Required. Any person, owner or owner's authorized agent who intends to conduct any development in a flood hazard area shall first make application to the building official and shall obtain the required permit.

(2)

Application for permit. The applicant shall file an application in writing on a form furnished by the building official. Such application shall:

(a)

Identify and describe the development to be covered by the permit.

(b)

Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitely locate the site.

(c)

Include a site plan showing the delineation of flood hazard areas, floodway boundaries, flood zones, design flood elevations, ground elevations, proposed lowest floor elevation, proposed fill and excavation and drainage patterns and facilities.

(d)

Include in subdivision proposals and other proposed developments with more than 50 lots or larger than 5 acres (20,234 m ² ), base flood elevation data in accordance with Section 25-12-53(B) (Establishment of flood hazard areas).

(e)

Indicate the use and occupancy for which the proposed development is intended.

(f)

Be accompanied by construction documents, grading and filling plans and other information deemed appropriate by the building official.

(g)

State the valuation of the proposed work.

(h)

Be signed by the applicant or the applicant's authorized agent.

(3)

Validity of permit. The issuance of a permit under this section shall not be construed to be a permit for, or approval of, any violation of this section or any other ordinance of the jurisdiction. The issuance of a permit based on submitted documents and information shall not prevent the building official from requiring the correction of errors. The building official is authorized to prevent occupancy or use of a structure or site which is in violation of this section or other ordinances of the City of Austin.

(4)

Time Limitation on Application; Permit Expiration and Reactivation. Article 13 (Administration of Technical Codes) of this chapter establishes permit application time limits and requirements applicable to permit expiration and reactivation, including a review fee for expired permits.

Exception: Permits issued under Section 105.1.1 (Annual permit) are only valid for a period of 360 days from the date of issuance and cannot be extended.

(5)

Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under this section wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or code of the City of Austin.

(F)

Variances.

(1)

General. The City Council shall decide requests for variances from the floodplain regulations in this code and Chapter 25-7 (Drainage) after conducting a public hearing. The City Council shall base its determination on technical justifications and has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of this article.

(2)

Records. The building official shall maintain a permanent record of all variance actions, including justification for their issuance.

(3)

Historic structures. A variance may be issued for the repair or rehabilitation of a historic structure upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure, and the variance is the minimum necessary to preserve the historic character and design of the structure.

Exceptions: Within flood hazard areas, historic structures that are not:

(a)

listed or preliminarily determined to be eligible for listing in the National Register of Historic Places; or

(b)

determined by the Secretary of the U.S. Department of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined to qualify as a historic district; or

(c)

designated as historic under a state or local historic preservation program that is approved by the Department of Interior.

(4)

Functionally dependent facilities. A variance may be issued for the construction or substantial improvement of a functionally dependent facility provided the criteria in Section 25-12-53(A) (General) are met and the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to methods and materials that minimize flood damages during the design flood and create no additional threats to public safety.

(5)

Restrictions. The City Council shall not issue a variance for any proposed development in a floodway if any increase in flood levels would result during the design flood discharge.

(6)

Considerations. In reviewing applications for variances, the City Council shall consider all technical evaluations, all relevant factors, all other portions of this section, and each of the following:

(a)

The danger that materials and debris may be swept onto other lands resulting in further injury or damage.

(b)

The danger to life and property due to flooding or erosion damage.

(c)

The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners.

(d)

The importance of the services provided by the proposed development to the community.

(e)

The availability of alternate locations for the proposed development that are not subject to flooding or erosion.

(f)

The compatibility of the proposed development with existing and anticipated development.

(g)

The relationship of the proposed development to the comprehensive plan and flood plain management program for that area.

(h)

The safety of access to the property in times of flood for ordinary and emergency vehicles.

(i)

The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.

(j)

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges.

(7)

Conditions for issuance. Variances shall only be issued by the City Council upon:

(a)

a technical showing of good and sufficient cause based on the unique characteristics of the size, configuration or topography of the site;

(b)

a determination that failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable;

(c)

a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances;

(d)

a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and

(e)

notification to the applicant in writing over the signature of the building official that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance, and that such construction below the base flood level increases risks to life and property.

(G)

Subdivisions.

(1)

General. Any subdivision proposal, including proposals for manufactured home parks and subdivisions, or other proposed new development in a flood hazard area shall be reviewed to verify all of the following:

(a)

all such proposals are consistent with the need to minimize flood damage;

(b)

all public utilities and facilities, such as sewer, gas, electric and water systems are located and constructed to minimize or eliminate flood damage; and

(c)

adequate drainage is provided to reduce exposure to flood hazards.

(2)

Subdivision requirements. The following requirements shall apply in the case of any proposed subdivision, including proposals for manufactured home parks and subdivisions, any portion of which lies within a flood hazard area:

(a)

The flood hazard area, including floodways, as appropriate, shall be delineated on tentative and final subdivision plats.

(b)

Design flood elevations shall be shown on tentative and final subdivision plats.

(c)

Residential building lots shall be provided with adequate buildable area outside the flood hazard area.

(d)

The design criteria for utilities and facilities set forth in this section, Section 25-12-53 (Flood Loads), ASCE 24, the City of Austin Drainage Criteria Manual, and applicable FEMA design criteria shall be met.

(H)

Site Improvement.

(1)

Development in floodways. Development or land disturbing activity shall not be authorized in the floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed and sealed by a Professional Engineer licensed by the State of Texas in accordance with the City of Austin Drainage Criteria Manual, that the proposed encroachment will not result in any increase in the level of the design flood.

(2)

Sewer facilities. All new or replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into floodwaters, or impairment of the facilities and systems.

(3)

Water facilities. All new replacement water facilities shall be designed in accordance with the provisions of Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwaters into the systems.

(4)

Storm drainage. Storm drainage shall be designed to convey the flow of surface waters to minimize or eliminate damage to persons or property.

(5)

Streets and sidewalks. Streets and sidewalks shall be designed to minimize potential for increasing or aggravating flood levels.

(I)

Manufactured Homes.

(1)

Elevation.

(a)

All new and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be elevated such that the lowest floor of the manufactured home is elevated to a minimum of two feet above the design flood elevation. Elevation certification required by Section 25-12-53(D) (Flood hazard documentation) shall be submitted to the building official.

(b)

The bottom of the frame of new and replacement manufactured homes on foundations that conform to the requirements of Section 25-12-53(C)(1) (Elevation Requirements), as applicable, shall be elevated to or above the elevations specified in Section 25-12-53(C)(1) (Elevation Requirements). The anchor and tie-down requirements of the applicable state or federal requirements shall apply. The foundation and anchorage of manufactured homes to be located in identified floodways shall be designed and constructed in accordance with ASCE 24.

(2)

Foundations. All new and replacement manufactured homes, including substantial improvement of existing manufactured homes, shall be placed on a permanent, reinforced foundation that is designed in accordance with Section 25-12-53 (Flood Loads).

(3)

Anchoring. All new and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be installed using methods and practices which minimize flood damage. Manufactured homes shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Methods of anchoring are authorized to include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

(4)

Protection of mechanical equipment and outside appliances. Mechanical equipment and outside appliances shall be elevated a minimum of two foot above the design flood elevation to or above the design flood elevation.

Exception: Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by Section 25-12-53(C)(1) (Elevation Requirements), the systems and equipment shall be permitted to be located below the elevation required by 25-12-53(C)(1) (Elevation Requirements). Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70.

(5)

Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the requirements of 25-12-53(C) (Design and Construction).

(J)

Recreational Vehicles.

(1)

Placement prohibited. The placement of recreational vehicles shall not be authorized in floodways.

(2)

Temporary placement. Recreational vehicles in flood hazard areas shall be fully licensed and ready for highway use; and shall be placed on a site for less than 180 consecutive days.

(3)

Permanent placement. Recreational vehicles that are not fully licensed and ready for highway use, or that are to be placed on a site for more than 180 consecutive days, shall meet the requirements of Subsection (I) (Manufactured Homes) for manufactured homes.

(K)

Tanks. Underground and above-ground tanks shall be designed, constructed, installed and anchored in accordance with ASCE 24.

(L)

Foundation design and construction. This subsection applies to a building or structure subject to Article 11 (Residential Code).

(1)

A foundation wall in a building or structure erected in a flood hazard area shall meet the requirements in Residential Code, Chapter 4 (Foundations).

Exceptions: Unless designed consistent with Residential Code, Section R404 (Foundation and Retaining Walls):

(a)

the unsupported height of a 6-inch (152 mm) plain masonry wall shall not exceed 3 feet (914 mm);

(b)

the unsupported height of an 8-inch (203 mm) plain masonry wall shall not exceed 4 feet (1219 mm); and

(c)

the unsupported height of an 8-inch (203 mm) reinforced masonry wall shall not exceed 8 feet (2438 mm).

(2)

For purposes of the exception in subsection (1), unsupported height is measured from the finished grade of the under-floor space to the top of the wall.

(Ord. No. 20210603-059, Pt. 4, 9-1-21)

(A)

A person who violates this article commits a separate offense for each day the violation continues.

(B)

A person who fails to comply with a permit or variance granted pursuant to this article commits a separate offense for each day the violation continues.

(C)

A person who violates this article or fails to comply with a permit or a variance granted pursuant to this article commits a misdemeanor punishable as set forth in Section 25-1-462 (Criminal Enforcement).

(Ord. No. 20210603-059, Pt. 4, 9-1-21)

(A)

The National Electrical Code, 2023 Edition and Annex H (collectively "2023 Electrical Code"), published by the National Fire Protection Association are adopted and incorporated by reference into this section with the deletions in Subsection (B) and amendments in Section 25-12-113 (Local Amendments to the 2023 Electrical Code - Administration and Enforcement) and Section 25-12-114 (Local Amendments to the 2023 Electrical Code - Technical).

(B)

The following sections of the 2023 Electrical Code are deleted:

(C)

The city clerk shall retain a copy of the 2023 Electrical Code with the official ordinances of the City of Austin.

Source: Ord. No. 20230831-105, Pt. 1, 9-11-23.

In the City Code, "Electrical Code" means the 2023 Electrical Code adopted and amended by Section 25-12-111 (Electrical Code), as amended by Section 25-12-113 (Local Amendments to the 2023 Electrical Code - Administration and Enforcement) and Section 25-12-114 (Local Amendments to the 2023 Electrical Code - Technical).

Source: Ord. No. 20230831-105, Pt. 1, 9-11-23.

The following provisions are local amendments to the 2023 Electrical Code. Each provision of this section is a substitute for any identically numbered provision of the 2023 Electrical Code deleted by Section 25-12-111(B) (Electrical Code) or is an addition to the 2023 Electrical Code:

80.2 Definitions. The following definitions apply to the Electrical Code.

AGENT. A person designated by an electrical contractor to obtain an electric permit on behalf of the electrical contractor. An agent must be the owner or an employee of the electrical contracting business.

CITATION. A document described in City Code Chapter 1-3 (Citation Program).

CONTRACTOR. A person who is an electrical contractor.

ELECTRICAL CONTRACTOR. A person licensed as an electrical contractor by the Texas Department of Licensing and Regulation (TDLR), engaged in electrical contracting, and registered with the City.

ELECTRICAL CONTRACTING. The business of designing, installing, erecting, repairing, maintaining, or altering electrical wires or conductors to be used for light, heat, power, or signaling purposes. The term includes the installation or repair of ducts, raceways, or conduits for the reception or protection of wires or conductors and the installation or repair of any electrical machinery, apparatus, or system used for electrical light, heat, power, or signaling.

ELECTRICAL INSPECTOR. An individual who meets the requirements of Section 5.2.11 in the Building Criteria Manual.

ELECTRICAL WORK. Installing, altering, repairing, or erecting any electrical wiring apparatus, raceways, or equipment used in connection therewith, whether inside or outside of a building or structure, lot or premises, under the requirements of the Electrical Code.

OFFER TO PERFORM. A written or verbal communication, proposal, or advertisement that indicates or implies a person is available to contract for or perform electrical work.

REGISTRANT. A person required to register with the City as set forth in Section 80.37 (Registration).

REPLACEMENT. The act or process to replace something of like design.

RESIDENTIAL BUILDING OR STRUCTURE. Single-family, two-family, and multifamily dwelling units of five stories or less in height and located in a residential zone.

STATE ELECTRICAL CODE. The National Electrical Code adopted by the Texas Department of Licensing and Regulation.

TEXAS DEPARTMENT OF LICENSING AND REGULATION. The state agency responsible for administering and enforcing Title 8, Chapter 1305 of the Texas Occupations Code and 16 Texas Administrative Code Chapter 73.

WORKMANLIKE MANNER. The standard established in Section 110.12 (Mechanical Execution of Work).

80.15. Electric Board. The Electric Board shall comply with City Code Chapter 2-1 (Boards and Commissions).

80.19(C) Issuance of Permits.

(1)

Standard Permits.

(a)

Except as provided in Section 80.19(C)(5) (Homestead Permit), an applicant for an electrical permit must be an electrical contractor.

(b)

The building official is responsible for reviewing applications, plan specifications, and other data submitted by an applicant. Other departments may review the plans as necessary to verify compliance with applicable laws.

(c)

The building official must issue a permit to an applicant if:

(i)

the building official finds that the work described in the permit application and in the plans, specifications, and other support data submitted with the application conform to the requirements of the Electrical Code and other applicable laws and ordinances; and

(ii)

the required fees have been paid.

(d)

A permit issued by the building official is not effective unless it includes a written statement that the plans and specifications were reviewed. In this section, a written statement means a stamp that reads "REVIEWED FOR CODE COMPLIANCE" and is placed on the plans and specifications.

(e)

After the permit is issued, a person may not change, modify, or alter plans and specifications without the approval of the building official.

(f)

Work regulated by the Electrical Code shall be done consistent with reviewed plans and specifications.

(g)

If a building, structure, or tenant finish out will exceed 5,000 square feet, a Professional Engineer licensed by the State of Texas must seal the required drawing.

(h)

If a building, structure, or tenant finish out is 5,000 square feet or less, a master electrician licensed by the Texas Department of Licensing and Regulation must sign the required drawing and include the master electrician's license number or a Professional Engineer licensed by the State of Texas may seal the required drawing.

(i)

The building official may issue a permit for the construction of part of an electrical system before the plans and specifications for the entire system have been submitted or approved if the applicant provides adequate information and detailed statements that comply with the requirements of the Electrical Code. The electrical permit holder may proceed at the permit holder's own risk, without assurance that the permit for the entire building, structure, or building service will be approved. The issuance of a permit for part of an electrical system does not obligate the building official to approve the remaining electrical permits.

(2)

Permit required. Except as specified in Section 80.19(C)(3), a person who intends to install, alter, repair, replace, or remodel an electrical system must apply for and obtain a permit before the activity commences.

(3)

Exempt work. Work that may be performed without an electrical permit must comply with all applicable federal, state, and local requirements. An electrical permit is not required:

(a)

to replace an approved cable or cord and plug connected to a motor or portable appliance;

(b)

to replace components of approved equipment or a fixed approved appliance of same type and rating, in the same location;

(c)

to install temporary holiday decorative lighting;

(d)

when the maximum voltage is 480 and the maximum ampacity is 30, to replace a snap, single, three-way, or four-way or dimmer switch, receptacle, ceiling paddle fan, or luminaire;

(e)

to reinstall a receptacle with a ground-fault circuit interrupter receptacle, a tamper-resistance receptacle, an arc-fault circuit interrupter receptacle, or weather-resistance receptacle;

(f)

when the service will not be de-energized, to replace an overcurrent protection device or fuse of same voltage and amperage and in the same location;

(g)

to repair or replace an electrode or transformer of the same size and capacity for a sign or gas tube system;

(h)

to replace insulating material to a splice;

(i)

to remove electrical and communication wiring;

(j)

to install temporary wiring for experimental purposes in a suitable experimental laboratory;

(k)

to install wiring for a temporary theater, motion picture, or television stage set;

(l)

to install or repair an electrical device, appliance, apparatus, equipment, or electrical wiring operating at less than 25 volts and not capable of supplying more than 50 watts of energy;

(m)

to install or repair a low-energy power, control and signal circuit of Class II or Class III as defined in the 2023 Electrical Code;

(n)

for the following activities, if performed in connection with the transmission of electrical energy: to install, alter, or repair electrical wiring, apparatus, equipment, or the generation, transmission, distribution, or metering of electrical energy;

(o)

to operate signals or to transmit intelligence by a public or private utility in the exercise of its function as a serving utility; or

(p)

except for activities related to electrical service, for electrical work in a building or structure owned and occupied by the State of Texas or the federal government.

(4)

Emergency repair permits. An applicant who seeks a permit to make emergency electrical repairs on non-exempt work must identify the emergency on the permit application.

(5)

Homestead permit.

(a)

A person who is not licensed to perform electrical work may perform electrical work under a homestead permit if:

(i)

the residence is the person's homestead and principal residence;

(ii)

the electrical work does not include the main electric system;

(iii)

the person has not secured a homestead permit for another residence within the prior 12-month period;

(iv)

the person has owned and occupied the property as of January 1 of the tax year in which the person applies for a homestead permit;

(v)

the person applies for a homestead permit in person and files an affidavit stating that the location where the work will be done is the person's homestead;

(vi)

the person obtains a homestead permit and pays any required permit fees before electrical, mechanical, or plumbing work begins;

(vii)

the person does not allow or cause another person to perform electrical work under the permit;

(viii)

the person does not transfer the homestead permit to another person;

(ix)

the person will present a picture identification to the building official to verify that the person is authorized to perform the work under the homestead permit; and

(x)

the work that will be done is not for a mobile, modular, or manufactured home unless the person owns the land on which the mobile, modular, or manufactured home is located.

(b)

A homestead permit cannot be issued for a mobile, modular, or manufactured home located in a mobile home park, mobile home community, or other commercial premises.

(c)

The building official may suspend or revoke a homestead permit if the work done under the homestead permit is performed by anyone other than the person who obtained the homestead permit.

80.19(D) Annual permit. Electrical work may be performed in a facility participating in the registered industrial plan program under an annual permit issued pursuant to Section 105.1.1 (Annual Permit) of the Building Code.

80.19(E) Permit fees. The fee for a permit is set by separate ordinance.

80.19(H) Time limitation on application; permit expiration and reactivation. The time limits for applications and the requirements for permit expiration and reactivation, including a fee for expired permits, are established in Chapter 25-12, Article 13 (Administration of Technical Codes).

Exception. An annual permit is valid for 360 consecutive days from the date the permit is issued and may not be extended.

80.19(I) Special inspections program. Electrical work may be performed under this program in occupied residential and commercial buildings or structures within the zoning jurisdiction of the City. The program requirements and scope are:

(1)

A contractor who participates in this program must:

(a)

for each permit, submit a completed compliance form to the building official no later than one business day after the permitted electrical work is complete; and

(b)

obtain a permit as required by Section 80.19(C)(2) no later than one business day from the work start date.

(2)

The scope of work may not:

(a)

include the disconnection, reconnection, or repair of an electrical service;

(b)

involve the penetration of a fire rated wall or component;

(c)

require an electrical rough inspection; or

(d)

include more than one stand-alone electrical or other permit.

(3)

As part of the program, the building official may inspect the electrical work performed for one out of five residential permits and one out of 10 commercial permits. As a condition of the program, the electrical contractor must provide access to the permitted work.

(4)

Nothing in this section limits the building official's authority to inspect electrical work when the building official deems necessary to determine that the electrical work performed under this program complies with the Electrical Code.

80.21 Plan review fees. The fee for plan review is set by separate ordinance.

80.35 Authority to Enforce State Electrical Code. The building official may enforce the state electrical code when necessary.

80.36 Licenses.

80.36 (A) License required. Except as allowed in Subsection 80.19(C)(5) (Homestead Permit), a person must be licensed by the Texas Department of Licensing and Regulations to perform electrical work within the City or at a site that receives electric utility services from the City.

80.36 (B) License display. When performing electrical work, a licensee shall keep his or her license in possession and shall display the license upon request of the building official or the owner of the premises or property where the licensee is working, offering to work, or has worked. A licensee shall also present a picture identification to verify identity.

80.36 (C) Contractor. To establish an electrical contracting business within the City's full purpose jurisdiction, a person must be licensed as an electrical contractor and comply with Section 80.37 (Registration).

80.36 (D) Temporary staffing companies. An employee who is licensed, registered, or certified by the Texas Department of Licensing and Regulations and is assigned to a client company by a professional temporary staffing company is considered an employee of the client company for the purpose of complying with the requirement to hold an electrical contracting license.

80.37 Registration.

(A)

Registration Required. Before a person may perform or offer to perform electrical contracting services within the City, the person must register with the City.

(B)

Eligibility Requirements. A person is eligible to register with the City if:

(1)

the person is licensed as an electrical contractor;

(2)

the person designates an electrician of record; and

(3)

the electrician of record appears in person when the electrical contracting business is registered.

(C)

Electrician of Record.

(1)

The electrician of record may be the same as the registrant.

(2)

The electrician of record must be licensed by the Texas Department of Licensing and Regulations as a master electrician.

(3)

The electrician of record may not be designated as the electrician of record for more than one electrical contractor business.

(D)

Employees and Agents of Registrant.

(1)

An employee of a registrant may perform electrical work that is associated with an electrical permit issued to the registrant.

(2)

The maximum number of agents who may obtain electrical permits on behalf of the registrant is six.

(E)

Vehicle Display Requirements.

(1)

A registrant shall display its name and license number on each vehicle owned or operated by the registrant's business and used to perform electrical contracting services.

(2)

Each display shall satisfy the requirements set forth in Section 1305.166 of the Texas Occupations Code and Section 73.51 of Title 16 of the Texas Administrative Code.

(3)

A vehicle described in Subsection (E)(1) may not be used for more than one electrical contracting business.

(F)

Offense. A person commits an offense if the person engages in electrical contracting without a registration required by this section.

80.38 Suspension of Registration.

(A)

Except as provided in Subsection (B), the building official may suspend a registration after three substantiated violations of Section 80.39 (Offenses) within a 12-month period.

(B)

The building official may suspend a registration after one substantiated violation of Section 80.39(A)(2), (A)(9), (A)(15), or (A)(19) by the registrant or its employees.

(C)

The suspension period ends:

(1)

six months from the date the suspension begins for the first suspension; or

(2)

12 months from the date the suspension begins for a suspension that is not the first suspension.

(D)

A registrant may appeal a suspension as set forth in Section 25-1-461 (Appeal).

(E)

A suspension under this section is not an exclusive remedy for a violation of Section 80.39.

80.39 Offenses.

(A)

A person may not:

(1)

allow another to use an electrical permit in an unlawful or fraudulent manner;

(2)

perform, or cause to be performed, electrical work that causes injury to a person or property;

(3)

supervise, perform, or cause to be performed electrical work that does not comply with the supervision requirements in the Electrical Code;

(4)

perform electrical work without the required license or permit classification;

(5)

display, cause to be displayed, allow to be displayed, or possess a document that purports to be a license to perform electrical work that is false, expired, suspended, or altered;

(6)

fail or refuse to display a license or permit to perform electrical work when requested by the building official;

(7)

allow a person, other than the person to whom the license was issued, to perform electrical work;

(8)

contract for, or cause to be performed, electrical work that requires a permit by a person who lacks a license required by the Electrical Code;

(9)

employ a person who is not licensed as a master electrician or electrical contractor, journeyman electrician, residential wireman, or apprentice electrician to perform electrical work that requires an electrical license;

(10)

request the building official to perform inspections of work that is incomplete or work that has not been properly reviewed by the permit holder or the designated supervisor three or more times during a 12-month period;

(11)

employ a person to perform electrical work for which the person is not qualified;

(12)

supervise a person who is performing electrical work for which the person performing the work is not qualified to perform;

(13)

obtain a permit for a business or person other than the business or person identified on the person's electrical contractor's license;

(14)

perform electrical work under a permit for a business other than the business identified on the permit authorizing the electrical work;

(15)

perform, or cause to be performed, electrical work in a manner that endangers a person or property;

(16)

fail to provide notification for a change of business address, qualifying master electrician, or contact information included on the electrical contractors license on or before the 10 ^th day after the change occurs;

(17)

refuse to provide picture identification when requested by the building official;

(18)

fail to comply with the requirements of the Electrical Code; or

(19)

allow more than five electrical permits to expire.

(B)

The building official may report offenses to the Texas Department of Licensing and Regulation.

80.40 Supervision.

(A)

At least one licensed journeyman electrician, licensed master electrician, or licensed residential wireman shall be present on a site to supervise the electrical work being performed.

(B)

A contractor who is responsible for the electrical work being performed shall provide fulltime supervision, management, direction, and control. A residential wireman may only supervise residential projects.

(C)

The ratio of licensed master electrician, licensed journeyman electrician, or residential wireman to licensed apprentice electricians may not exceed one licensed master electrician, licensed journeyman electrician, or residential wireman to five licensed apprentice electricians.

(D)

The designated supervisor shall review the electrical work before submitting a request for the building official to inspect.

80.41 Special Requirements for Installations Below Regulatory Flood Datum.

(A)

For purposes of this section, regulatory flood datum (RFD) has the meaning assigned in Section 1612 (Flood loads) of the Building Code.

(B)

If a circuit can be de-energized by automatic operating electrical disconnection equipment, then a lighting circuit, switch, receptacle, or luminaire that operates at no more than 120 volts to ground may be installed below the RFD. The electrical circuit shall be de-energized before water is present on the floor of the affected areas. If any equipment is flooded, its particular circuit may not be re-energized until the circuit and the equipment are:

(1)

approved by the wiring and equipment manufacturer for reuse after being submerged in water; or

(2)

replaced and approved for use by the building official.

(C)

Except for a switch, receptacle, and luminaire, all other electrical equipment permanently installed below the RFD shall be rated by the equipment manufacturer for submergence for at least 72 hours for a head of water above the equipment to the RFD.

(D)

An electrical wiring system installed below the RFD shall be suitable for continuous submergence in water. Only a submersible splice is allowed below the RFD. A conduit located below the RFD shall be installed so that it can be self-draining if subject to flooding.

(E)

The electrical power equipment and components of an elevator system shall be located above the RFD. An automatic type elevator shall be provided with a home station located above the RFD to which the elevator will automatically return after use.

(F)

An electrical unit heater installed below the RFD shall be capable of being disconnected as outlined in Subsection (B). An electrical control on a gas or oil furnace located below the RFD may not exceed 120 volts to ground and the control circuits shall be automatically de-energized before water is present on the floor of the affected area.

(G)

Sump pumping equipment of any type shall be provided with a float operated warning alarm that acts independently of any other float actuating device used to start and stop pumping equipment. A building or structure that utilizes sump pumping equipment shall have automatic starting standby electrical generating equipment located above the RFD. The standby generating equipment shall be capable of remaining in continuous operation at 125 percent of the anticipated duration of the design flood.

(H)

A control center, privately owned transformer, distribution and main lighting panel, and switchgear, in addition to other stationary equipment, shall be located above the RFD. Portable or moveable electrical equipment may be located below the RFD if the equipment can be disconnected by a single plug or socket assembly of the submersible type and rated for a minimum of 72 hours for the head of water above the assembly to the RFD.

(I)

All components of emergency lighting systems installed below the RFD shall be located so that a component of the emergency lighting system is not within reach of personnel working at floor level in the area where an emergency lighting system is used unless the emergency lighting circuit(s) are provided with ground-fault circuit interrupters having a maximum leakage current to ground sensitivity of 5 milliamperes.

(J)

Before the building official can release electrical utilities or issue a certificate of occupancy, the building official must verify that all incoming main city power service equipment, including all metering equipment, is located two feet above RFD.

80.42 Other Applicable City Code and Criteria Manual Requirements.

When applicable, an electrical installation shall also comply with:

(1)

Chapter 25-2, Subchapter C, Article 13 (Docks, Bulkheads, and Shoreline Access);

(2)

Building Criteria Manual, Section 5.2.4 (Wiring Over and Under Navigable Water);

(3)

Building Criteria Manual, Section 5.2.10 (Subchapter E, Section 2.5, Exterior Lighting Rules for Alternative Equivalent Compliance); and

(4)

Building Criteria Manual, Section 4.4.7 (Visitability).

Source: Ord. No. 20230831-105, Pt. 1, 9-11-23.

The following provisions are local amendments to the 2023 Electrical Code. Each provision of this section is a substitute for any identically numbered provision of the 2023 Electrical Code deleted by Section 25-12-111(B) (Electrical Code) or is an addition to the 2023 Electrical Code:

110.12 Mechanical Execution of Work. Neat and workmanlike. All electrical work shall be installed in a neat and workmanlike manner. In the Electrical Code, workmanlike manner means, but is not limited to, the following:

(1)

work that is skillfully installed consistent with the Electrical Code's requirements;

(2)

equipment, raceways, and cables are installed parallel or perpendicular to the building or structure's structural members;

(3)

when raceways or cables are grouped, the raceways and cables remain straight, parallel, or perpendicular to the building or structure's structural members;

(4)

each cable is cut to a length that prevents sagging, except when flexibility requires moderate sagging; and

(5)

each box, cabinet, enclosure, and device is installed level, parallel, or perpendicular to the building or structure's structural members.

210.5(C)(1) Conductor Identification. Color coding of conductors shall be consistent at all terminations, connections, and splice points as follows:

(1)

Single phase 120/240-volt wiring systems.

(A)     (B)       (N)

RED—BLACK—WHITE

(2)

Three phase four wire 120/208-volt wiring systems.

(A)    (B)       (C)        (N)

RED—BLACK—BLUE—WHITE

(3)

Three phase three, and four wire 120/240-volt delta wiring systems.

(A)    (B)         (C)      (N)

RED—ORANGE—BLACK—WHITE

(4)

277/480-wye or 480-volt delta wiring systems.

(A)       (B)        (C)        (N)

BROWN—YELLOW—PURPLE—GRAY

Exception: NM Cable installed in one, two, or multifamily dwelling units.

230.70(A) Service Disconnecting Means Location.

(1)

Except as provided in Subsection (A)(2), the service disconnecting means shall be installed at a readily accessible location that is located outside of a building or structure.

(2)

The service disconnecting means may be installed at a readily accessible location that is located:

(a)

inside of a building or structure that is not a one- or two-family dwelling;

(b)

at the nearest point of entrance to the service conductors;

(c)

on a direct path that 25-feet or less from an exterior entrance; and

(d)

is first floor accessible from an exterior entrance inside of a building or structure.

(3)

A service disconnecting means may not be installed in a bathroom.

680.13(1) Emergency switch for swimming pools. A clearly labeled emergency shutoff switch shall be installed to disconnect all ungrounded conductors for swimming pool equipment and underwater lighting systems. The switch shall be installed in a place that is readily accessible, within sight, and not less than five feet from the water's edge. The sign for the shut-off switch shall be capable of being read from a distance of 50 feet; shall be made of plastic, metal, or other durable material; and shall read "Emergency Shut Off".

Exception: One- and two-family dwellings.

680.41 Emergency shut-off for spas and hot tubs.

(A)

A clearly labeled emergency shutoff switch shall be installed to disconnect all ungrounded conductors for spa or hot tub equipment and underwater lighting systems. The switch shall be installed in a place that is readily accessible, within sight, and not less than five feet from the water's edge.

(B)

The sign for the shut-off switch shall be capable of being read from a distance of 50 feet; shall be made of plastic, metal, or other durable material; and shall read "Emergency Shut Off".

Exception: One- and two-family dwellings.

Source: Ord. No. 20230831-105, Pt. 1, 9-11-23.

(A)

The Uniform Mechanical Code, 2024 Edition, published by the International Association of Plumbing and Mechanical Officials Council ("2024 Uniform Mechanical Code") is adopted and incorporated by reference into this section with the deletions in Subsections (B) and the amendments in Section 25-12-133(Local Amendments to the Uniform Mechanical Code).

(B)

The following provisions of the 2024 Uniform Mechanical Code are deleted. Unless specifically listed in this table, a subsection contained within a deleted section or subsection is not deleted:

(C)

The city clerk shall retain a copy of the 2024 Uniform Mechanical Code with the official ordinances of the City.

Source: Ord. 20130606-090; Ord. 20140410-011, Pt. 5, 4-21-14; Ord. No. 20170608-056, Pt. 4, 9-6-17; Ord. No. 20210603-058, Pt. 1, 9-1-21; Ord. No. 20250410-044, Pt. 1, 7-10-25.

In the City Code, "Mechanical Code" means the 2024 Uniform Mechanical Code adopted by Section 25-12-131(Uniform Mechanical Code) and as amended by Section 25-12-133(Local Amendments to the Uniform Mechanical Code). In this article, "this code" means the Uniform Mechanical Code.

Source: Ord. 20130606-090; Ord. No. 20170608-056, Pt. 4, 9-6-17; Ord. No. 20210603-058, Pt. 1, 9-1-21; Ord. No. 20250410-044, Pt. 1, 7-10-25.

The following provisions are local amendments to the commercial provisions of the 2024 Uniform Mechanical Code. Each provision in this section is a substitute for an identically numbered provision deleted by Section 25-12-131(B) or an addition to the 2024 Uniform Mechanical Code.

Chapter 1 Administration.

104.1.1 Commercial Mechanical Change-Out Program. For buildings not covered under the Residential Code, the building official may establish, by rule, an inspection program for commercial mechanical components identified in this section or a change-out program authorized in other technical or building codes. The buildings must be located within the zoning jurisdiction of the City, outside of the zoning jurisdiction under agreement with a municipal utility district, where the City provides electrical service, or as determined by the building official.

104.2 Exempt Work. A mechanical permit is not required for the work described in this provision. Work exempt from a permit must still comply with this code and all other applicable laws and City Code requirements.

1.

A portable heating appliance, portable ventilating equipment, a portable cooling unit, or a portable evaporative cooler.

2.

Replacing a component part that does not alter the original approval and complies with other applicable requirements of this code.

3.

Refrigerating equipment that is part of equipment subject to a permit issued under this code.

4.

Replacement or relocation of controls and thermostats (less than 24 volts).

5.

Installing self-contained refrigerators or freezers.

6.

Servicing and repairing ice machines.

7.

Relocation of return and supply grilles within range of existing duct lengths if they remain within the same space.

8.

Other work as determined by the building official.

104.3.3 Time Limits. Article 13 (Administration of Technical Codes) of Chapter 25-12(Technical Codes) establishes permit application time limits and requirements applicable to permit expiration and reactivation, including a review fee for expired permits.

104.5 Fees. Fees applicable to this code are set by a separate ordinance.

104.6 Registration of Air Conditioning and Refrigeration Contractors. An air conditioning and refrigeration contractor must register with the City before performing work regulated by this code. A contractor must provide the contractor's name and State of Texas license number. A contractor must pay a registration fee, established by separate ordinance, for an initial registration, registration after a license suspension, and registration after the license expires. A new registration fee is not required to renew a license that is not suspended or expired.

107.0 Appeals. A person aggrieved by an order, decision, or determination of the building official related to an application or interpretation of this code may appeal the order, decision, or determination consistent with the procedures set forth in Chapter 25-1, Article 7, Division 1 (Appeals). The Mechanical and Plumbing Board, established in Section 2-1-161(Mechanical and Plumbing Board), hears appeals authorized by this section.

Chapter 2 Definitions.

202.1.1 Amended and Supplemented Definitions. The definitions in this subsection apply throughout this code and amend or supplement the definitions in Chapter 2.

Bleed-off (Blowdown). The circulating water in a cooling tower which is discharged to help keep the dissolved solids in the water below a maximum allowable concentration limit.

Blow-Down Meter. A meter that tracks the amount of water discharged from a cooling tower system.

Concentration. The recirculated water in a cooling tower that has elevated levels of total dissolved solids as compared to the original make-up water.

Conductivity Controller. A device used to measure the conductivity of total dissolved solids in the water of a cooling system to control the discharge of water in order to maintain efficiency.

Cooling Tower. An open- or closed-loop water recirculation system that uses fans or natural draft to force or draw air to contact and cool water through the evaporative process that removes heat from water-cooled A/C systems and from industrial processes.

Cycle of Concentration. The ratio of the dissolved solids in recirculating water to the dissolved solids in the makeup water.

Drift Eliminator. A device that captures large water droplets caught in the cooling tower air stream to prevent the water droplets and mist from escaping the cooling tower.

Insanitary Location. An area, space, public/private balcony, or room where the air is unfit or undesirable for circulation to occupiable parts of a building.

Makeup. The amount of water required to replace normal losses caused by bleed-off (blowdown), drift, and evaporation.

Makeup Meter. A meter that measures the amount of water entering a cooling tower system.

Overflow Alarm. A system that includes a level switch and an electronic signaling device that sends an audible signal or provides an alert via the energy management control system to the tower operator in case of sump overflow.

Chapter 3 General Regulations.

303.8.4 Roof Drainage and Rails. Equipment shall be installed on a well-drained surface of the roof. Guards must be provided where an appliance, equipment, fan, solar system, or other components require service and are located within 10 feet (3,048 mm) of a roof edge or open side of a walking surface and the edge or walking surface is located 30 inches above the grade below. Rigid fixed rails or guards at least 42 inches (1,067 mm) in height must be provided on the exposed side. The guard must be constructed to prevent a 21-inch-diameter (533 mm) sphere from passing through and must extend at least 30 inches (762 mm) beyond each end of the appliance, equipment, fan, or component. If a parapet or other building structure is used in lieu of a guard, it must be at least 42 inches (1,067 mm) in height.

Exception: Guards shall not be required where a permanent fall arrest anchorage connector system in accordance with ASSE Z359.1 is installed.

304.3.1.2.1 Ladders. Permanent ladders to access equipment located on a roof shall be provided at parapet walls that exceed 30 inches in height.

304.4.5 Concealed Space Designed for Appliances. An unobstructed access panel with a minimum of 22 inches by 30 inches at each point of maintenance and repair access shall be required. An opening as large as the largest component of an appliance is not required if:

1.

the largest appliance can be removed by other means;

2.

a plan for removal of the appliance is clearly documented on the approved plans; and

3.

fire protection components, any part of the electrical installation, or structural load resisting systems and plumbing are not being affected.

310.1.2 Sling-Style Equipment. Sling-style A/C equipment that reintroduces condensation back into the atmosphere is prohibited.

318 Cooling Systems. Interior spaces intended for human occupancy shall be provided with active or passive cooling systems capable of maintaining an indoor temperature of not more than 80°F (27°C) at a point three feet (914 mm) above floor on the design cooling day. The installation of portable cooling systems shall not be used to achieve compliance with this section.

Exceptions:

1.

Interior spaces where the primary purpose is not associated with human comfort.

2.

Group F, H, S, and U occupancies.

Chapter 4 Ventilation Air.

403.7.3 Occupied Spaces Accessory to Public Garages. Connecting offices, waiting rooms, ticket booths, and similar uses accessory to a public garage must be maintained at a positive pressure and must include ventilation consistent with Section 403.0 Ventilation Rates.

405.4.1 Residential Kitchen Exhaust Rate. For intermittent-controlled operations, the exhaust rate shall be not less than 100 ft ³ /min (47.2 L/s) and 300 ft ³ /min (142 L/s) for downdraft appliances. For continuous operation the exhaust rate shall be not less than 50 ft ³ /min (23.6 L/s).

Chapter 5 Exhaust Systems.

504.1.2 Environmental Exhaust Duct Termination Over Covered Walkway. An exhaust duct serving a domestic clothes dryer shall not terminate over a covered walkway unless the duct is extended to the outer edge of the covered walkway.

1.

An exhaust duct serving a domestic range or bathroom exhaust fan shall not terminate over a covered walkway unless three sides are open for dilution air movement.

Exception: If adequate dilution air cannot be provided, an exhaust duct serving a domestic range or bathroom exhaust fan shall be extended to the outer edge of the covered walkway.

2.

An exhaust duct shall terminate over a private use balcony if the balcony serves the same space or dwelling unit as the duct serves and required clearances from openings are maintained.

504.4.2 Domestic Cloth Dryers. Section 504, subsections, and associated tables and references and duct support requirements in Subsection B of the International Mechanical Code, 2024 Edition, apply to a clothes dryer installation. Alternatively, clothes dryer installation may qualify as an alternate engineered system if it meets the requirements of this section.

1.

Alternate Engineered Systems. If the dryer duct system is designed by a professional engineer, the system must comply with ANSI Z21.5.I/CSA 7.1. The design professional must provide calculations and design criteria on plans submitted under Section 104.0 of this code and must demonstrate dryer vent system is equivalent to a system that complies with the International Mechanical Code, 2024 Edition.

2.

Duct Supports. Ducts shall be supported in accordance with SMACNA HVAC Duct Construction Standards - Metal and Flexible.

520.0 Hazardous Materials. Sections 502.8 through 502.8.5., associated tables and referenced sections of the International Mechanical Code, 2024 Edition, shall apply except for Section 502.8.4 that is replaced with the following:

Where gases, liquids, or solids in amounts exceeding the maximum allowable quantity per control area and having a hazard ranking of 2, 3, or 4 accordance with NFPA 704 are dispensed or used, mechanical exhaust ventilation shall be provided to capture gases, fumes, mists, or vapors at the point of generation.

521.0 Hazardous Materials - Requirements for Specific Materials. Section 502.9, subsections, associated tables, and referenced sections of the International Mechanical Code, 2024 Edition, apply.

522.0 Hazardous Production Materials (HPM). Section 502.10, subsections, associated tables and referenced sections of the International Mechanical Code, 2024 Edition, apply.

523.0 Hazardous Exhaust Systems. Section 509, subsections, and associated tables and referenced sections of the International Mechanical Code, 2024 Edition, apply.

524.0 Manicure and pedicure stations. Section 502.20, subsections, and associated tables and referenced sections of the International Mechanical Code, 2024 Edition, apply.

Chapter 6 Duct Systems.

603.10.1 Cross Contamination. A non-hazardous duct under positive or negative pressure may be routed through a duct or plenum or occupied space when longitudinal and traverse joints (seal class A per SMACNA) are sealed with materials designed for that use and sealed consistent with acceptable methods.

609 Smoke Detection Systems Control. Section 606, subsections, and associated tables and referenced sections of the International Mechanical Code, 2024 Edition apply.

Chapter 9 Installation of Specific Appliances.

939.0 Sauna Heaters. Section 914, subsections, and associated tables and references of the International Mechanical Code, 2024 Edition, apply.

Chapter 10 Boilers and Pressure Vessels.

1015.0 Efficiency Standards for Steam Boilers. A steam boiler shall:

1.

Be equipped with conductivity controllers that control blowdown and a coldwater makeup meter. If the system is a 50 Boiler Horsepower or greater, the meter must be connected to the building's energy management system or utility monitoring dashboard;

2.

Include a steam condensate return system;

3.

Be fitted with a blowdown heat exchanger to transfer heat from blowdown to the feed water; and

4.

If the boiler exceeds 15 psi and 100 Boiler Horsepower, and the heat recovery can be used to heat boiler makeup water or other purposes, the boiler blowdown must be directed to a heat recovery system that reduces the temperature of the blowdown discharge to below 140 degrees Fahrenheit without using tempering water.

Chapter 11 Refrigeration.

1126.0 Standards for Cooling Towers.

1.

A cooling tower shall:

a.

Achieve a minimum of five cycles of concentration if the cooling tower utilizes potable water as its primary source of make-up water;

b.

Be fitted with overflow sensors and alarms, make-up water, and blowdown meters to manage water consumption, and conductivity controllers;

c.

Be equipped with drift eliminators with a drift rate of not more than 0.005% of the circulated water flow rate for crossflow towers and 0.002% for counterflow towers when operated consistent with the equipment manufacturer's instructions and with the cooling tower, evaporative condensers, and fluid coolers; and

d.

If the cooling tower is 100 tons or more, the make-up and blowdown meters and overflow alarm shall be connected to the building's central energy management system or utility monitoring dashboard.

2.

A biocide shall be used to treat the cooling system recirculation to minimize the growth of Legionella and other microorganisms and to increase water use efficiency.

3.

Commercial and multifamily facilities constructed after September 5, 2017, with an evaporative cooling tower system with a combined cooling capacity equal to or greater than 100 tons, shall have a minimum of 10 percent of the cooling tower make-up water offset with reclaimed or onsite water reuse.

Source: Ord. 20130606-090; Ord. 20140410-011, Pt. 6, 4-21-14; Ord. No. 20170608-056, Pt. 4, 9-6-17; Ord. No. 20191114-064, Pt. 18, 11-25-19; Ord. No. 20210603-058, Pt. 1, 9-1-21; Ord. No. 20250410-044, Pt. 1, 7-10-25.

(A)

The Uniform Plumbing Code, 2024 Edition, published by the International Association of Plumbing and Mechanical Officials ("2024 Uniform Plumbing Code") and Appendices A, B, C, D, E, G, I, J, K, M, and N are adopted and incorporated by reference into this section with the deletions in Subsection (B) and the amendments in Section 25-12-153(Local Amendments to the Uniform Plumbing Code).

(B)

The following provisions of the 2024 Uniform Plumbing Code are deleted. Unless specifically listed in this table, a subsection contained within a deleted section or subsection is not deleted:

(C)

Each provision in this section is a substitute for the identically numbered provision deleted in Section 25-12-151(B) (Uniform Plumbing Code) or an addition to the 2024 Uniform Plumbing Code.

(D)

The city clerk shall retain a copy of the 2024 Uniform Plumbing Code with the official ordinances of the City.

Source: Ord. 20100624-146; Ord. 20130606-093; Ord. No. 20141120-008, Pt. 2, 12-1-14; Ord. No. 20170615-104, Pt. 1, 9-13-17; Ord. No. 20210603-057, Pt. 1, 9-1-21; Ord. No. 20250410-042, Pt. 1, 7-10-25.

In the City Code, "Plumbing Code" means the 2024 Uniform Plumbing Code adopted by Section 25-12-151(Uniform Plumbing Code) and as amended by Section 25-12-153(Local Amendments to the Uniform Plumbing Code). In this article, "this code" means the Uniform Plumbing Code.

Source: Ord. 20100624-146; Ord. 20130606-093; Ord. No. 20170615-104, Pt. 1, 9-13-17; Ord. No. 20210603-057, Pt. 1, 9-1-21; Ord. No. 20250410-042, Pt. 1, 7-10-25.

Each provision in this section is a substitute for the identically numbered provision deleted in Section 25-12-151(B) (Uniform Plumbing Code) or is an addition to the 2024 Uniform Plumbing Code.

104.1.1 Persons authorized to obtain permits. A responsible master plumber licensed by the State of Texas and registered with the City may apply for and obtain a permit required by this code. Only a responsible master plumber with a master medical gas endorsement may obtain a plumbing permit related to medical gas installations. Only a responsible master plumber with a master water supply protection specialist endorsement may obtain a plumbing permit for a potable rain-water system.

Exception: An individual who is not licensed as a plumber may obtain a plumbing permit for plumbing work that, under state law, may be completed by an unlicensed individual.

104.1.2 Licensing. A person who enters into a contract to install or repair a plumbing system subject to this code and the plumbing permit requirement must be licensed by the State of Texas.

104.1.3 Registration. A licensed plumber must register with the City before performing any work regulated by this code.

104.1.4 Landscape irrigation. A person licensed by the Texas Commission on Environmental Quality (TCEQ) to install irrigation systems must register with the City before performing any work regulated by this code. A person must pay a registration fee set by separate ordinance at the initial registration with the City or after a license is suspended or expired. A plumbing permit must be obtained before installing a landscape irrigation or yard sprinkler system.

104.1.5 Commercial plumbing change-out program. The building official may establish by rule an inspection program for commercial plumbing components identified in this section in buildings not covered under the Residential Code or a change-out program authorized by another article in this chapter. The building must be located within the City's full purpose jurisdiction. This program applies to replacing a water heater, backflow device, or assembly; and to repairing or replacing a sewer line in occupied structures.

104.2 Exempt work.

A.

A permit is not required for the following:

1.

To stop leaks in drains, soil, waste, or vent pipes, except when a trap, drainpipe, soil, waste, or vent becomes defective and it is necessary to remove and replace the same with new material, a permit shall be procured and inspection made as provided in this code.

2.

To clear stoppages, including the removal and reinstallation of water closets, or the repairing of leaks in pipes, valves, or fixtures if the work does not involve or require the replacement or rearrangement of valves, pipes, or fixtures.

3.

Work required to repair or replace fixtures and to replace exposed traps, continuous waste piping, fixture supply valves, or faucets if the work does not involve other city departments or inspections from other trades.

4.

Other work as determined by the building official.

B.

Exemption from the permit requirements of this code does not authorize work to be done in violation of other provisions of the City Code or City requirements.

C.

For purposes of Section 104.2, a new installation or replacement of a shower, tub, or combination tub and shower is not exempt from the permit requirements of this code.

104.4.3. Time limits. Article 13 (Administration of Technical Codes) of Title 25(Land Development) establishes permit application time limits and requirements applicable to permit expiration and reactivation, including a review fee for expired permits.

104.5 Fees. A fee applicable to this code is set by separate ordinance.

104.6 Offense and Penalty. A person who violates a provision of this code commits an offense that is subject to the penalty set forth in Section 25-1-462(Criminal Enforcement). Each day a violation continues is a separate offense.

107.0 Mechanical and Plumbing Board. The Mechanical and Plumbing Board is subject to the requirements in Chapter 2-1(City Boards).

108.0 The Building Criteria Manual. Additional information on procedures and rules related to administering this code is available in the Building Criteria Manual.

202.1.1 Supplemental Definitions.

LAUNDRY TO LANDSCAPE SYSTEM means an alternate water system that utilizes the collection of gray water discharged from clothes washing machines located at private one- and two-family dwellings for landscape irrigation.

TRAP, DEEP SEAL P-TRAP means a fixture trap having a water seal of at least four inches but is not more than twice the diameter of the trap arm, does not exceed 12 inches, is set true with respect to its water seal, and, where necessary, protected from freezing.

202.1.2 Replacement Definitions.

PLUMBING SYSTEM means all potable water, building supply, and distribution pipes; all plumbing fixtures and traps; all drainage and vent pipes; and all building drains and building sewers, including their respective joints and connections, devices, receptors, and appurtenances within the property lines of the premises and includes potable water piping, alternate water source systems, irrigation systems, potable water treating or using equipment, medical gas and medical vacuum systems, liquid and fuel gas piping, and water heaters and vents for same.

304.2 Sewage system connection required. If any part of a lot or tract that contains a house or building is located within 100 feet in horizontal distance (measured based on the closest practicable access route) of a public sewage disposal system, the draining system of the house or building must be separately and independently connected to the public sewage disposal system. The drainage system is not required to be connected if:

1.

the property owner received a denial of service in writing from the owner or governing body of the public sewage disposal system;

2.

the property owner received a written determination from Austin Water that it is not feasible for the building to be connected to the public sewage disposal system;

3.

the property is served by an existing private sewage facility and Austin Water determined the private sewage facility may continue to be used based on factors such as the type of building served; the age, condition, and capacity of the private sewage facility; and the availability of records related to the system, changes to the system, or the generating unit; or

4.

a composting toilet serves the property and Austin Water approved the disposal of liquid wastes in a private on-site sewage facility.

312.6.1 Freeze protection. Water lines installed outside of the building thermal envelope will require a minimum of five-eighth of inch thick insulation with a minimum of R4 value.

319.0 Medical gas and vacuum systems. Any medical gas and vacuum system used in conjunction with human health care purposes must be installed consistent with the requirements in the most current edition at the effective date of this article of the National Fire Protection Association (NFPA) 99 entitled "Health Care Facilities Code" and the latest edition of the ANSI/ASSE Series 6000 titled "Professional Qualification Standards for Medical Gas System Installers, Inspectors, Verifiers, Maintenance Personnel and Instructors" to the extent the requirements conflict with the Texas State Board of Plumbing Examiners Plumbing License Law requirements. A medical gas system for non-human use must be installed consistent with Section 1305.0 in its entirety.

321.0 Elevator sump pumps. See Texas Administrative Code, Title 16, Part 4, Chapter 74 for elevator sump pump requirements.

321.1 Acceptable discharge location. An elevator sump pump must discharge to the storm system outside of the building, detention pond, or other location approved for each project by the authority having jurisdiction. A hydraulic elevator must be equipped with a hydraulic oil alarm and a secondary containment must be installed and approved for each project by the authority having jurisdiction.

402.5 Settings. See Section 2903.1.1 (Water closets, urinals, lavatories, and bidets) in the Building Code.

407.4 Transient public lavatories. A lavatory that serves the transient public in Group A, B, and M type occupancies as defined in the Building Code must be equipped with self-closing or metering faucets.

422.0 Minimum number of required fixtures. Minimum number of required fixtures is based on Chapter 29 (Plumbing Systems) of the Building Code. Each building must be provided with sanitary facilities, including facilities designed for an individual with a disability.

422.2 Toilet Facilities for Workers. During construction, toilet facilities shall be provided for workers and shall be maintained in a sanitary condition.

504.8 Appliances elevated above an occupied space in an occupancy required to comply with the Building Code. Storage-type water heaters that exceeds a capacity of 17 gallons shall not be installed eight feet above the finish floor unless:

1.

permanent access to the water heater is provided that supports a 300-pound concentrated load and complies with the requirements of the Building Code;

2.

permanent lifting equipment designed by a registered design professional is installed; or

3.

lifting equipment access is provided from entry point to location of appliance.

504.8.1 One- and two-family dwellings and townhouse type occupancy. A storage-type water heater that exceeds a capacity of 17 gallons may not be installed in an attic or above a ceiling in a residential occupancy unless the water heater is accessible through a vertical door opening located in an occupied space on the same floor level.

508.2.1 Roof drainage and rails. Equipment shall be installed on a well-drained surface of the roof. Guards must be provided where an appliance, equipment, fan, solar systems, or other components require service and are located within 10 feet of a roof edge or open side of a walking surface and the edge or walking surface is located 30 inches above the grade below. Rigid fixed rails or guards at least 42 inches in height must be provided on the exposed side. The guard must be constructed to prevent a 21-inch-diameter sphere from passing through and must extend at least 30 inches beyond each end of the appliance, equipment, fan, or component. If a parapet or other building structure is used in lieu of a guard, it must be at least 42 inches in height.

Exception: Guards are not required where a permanent fall arrest anchorage connector system in accordance with ASSE Z359.1 is installed.

601.1 Applicability. This chapter shall govern the materials, design and installation of water supply systems. Any methods, assemblies, and devices used for backflow prevention and cross-connection control shall be designed and installed in accordance with Chapter 15-1(Cross-Connection Regulations).

601.1.1 Water system connection required. If any part of a lot or tract that contains a house or building is located within 100 feet in horizontal distance (measured based on the closest practicable access route) of a state-licensed public potable water system, the water system of the house or building must be separately and independently connected to the public water system. The water system is not required to be connected if:

1.

the property owner received a denial of service in writing from the owner or governing body of the public water system;

2.

the property owner received a written determination from Austin Water that it is not feasible for the building to be connected to a potable water system; or

3.

the property is served by an existing private potable water system and Austin Water determined the private potable water system may continue to be used based on factors such as the type of building served; the age, condition, and capacity of the private potable water system; the quality of the water; and the availability of records related to the system, changes to the system, or the system demand.

606.2.1 Full-way valve installation location. A full-way valve installed on the discharge side of the water meter is prohibited from being installed inside a City meter box or vault.

Exception: A full-way valve on the discharge side of the water meter may be installed in a City meter box or vault because of space limitations and with written consent from Austin Water.

608.2 Excessive water pressure. If local static water pressure exceeds 65 pounds per square inch, an approved pressure regulator preceded by an adequate strainer must be installed to reduce the static pressure to 65 pound per square inch or less. A pressure regulator that is equal to or exceeds one and one-half inches does not require a strainer. The regulator must control the pressure to all water outlets in the building unless otherwise approved by the authority having jurisdiction. The regulator and, if required, strainer must be accessible, located above ground or in a vault, and protected from freezing. The strainer must be readily accessible for cleaning without removing the regulator or the strainer body or disconnecting the supply piping. Pipe size determinations are based on 80 percent of the reduced pressure when using Table 6-6 (Fixture Unit Table for Determining Water Pipe and Meter Sizes). An approved expansion tank must be installed in the cold water distribution piping downstream of the regulator to prevent excessive pressure from developing because of thermal expansion and to maintain the pressure setting of the regulator. An expansion tank used in a potable water system intended to supply drinking water must comply with NSF 61. An expansion tank must be properly sized and installed consistent with the manufacturer's installation instructions and listing. A system designed by a registered design professional may use approved pressure relief valves in lieu of expansion tanks provided the relief valve has a maximum pressure relief setting of 100 pounds per square inch (698 kPa) or less.

Exception: A one- or two-family dwelling or a townhome that is required to install a multipurpose fire protection system may have static water pressure up to 80 pounds per square inch.

609.13 Private Fire Lines. A private fire line must be installed consistent with the latest version of the National Fire Protection Association (NFPA) 24 Standard for the Installation of Private Fire Service Mains and their Appurtenances, as set forth in the Fire Protection Criteria Manual. A private fire line must comply with the NFPA 25 Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems.

Table 610.1 Water Meter Sizing for Residential Single-Family Homes, Duplexes, and Townhomes

610.1.1 Size of water meters for one- and two-family dwellings and townhomes. An Austin Water meter provided to one- or two-family dwellings or townhomes must be sized based on the requirements in Table 610.1.

612.0 Residential fire sprinkler systems. When a residential sprinkler system is required in a one- or two-family dwelling or townhome, the system must be installed consistent with Section P2904 of the Residential Code or NFPA 13D and must comply with the Fire Code.

613.0 Plumbing for multi-family sub-meters. A newly constructed multi-family housing unit or a residential unit in a mixed-use facility must have a single cold water stub out that supplies all fixtures within each dwelling unit that is supplied by the master meter. A City meter or privately-owned water meter must be installed for each newly constructed unit at the time of construction. Each stub out must have a shut off valve immediately ahead of the private meter location. The meter must have a clearance of at least four inches on each side. The private meter must be installed in a location that is accessible for reading, testing, replacement, and inspection.

Exception: A multifamily development utilizing alternate or reclaimed water for toilet flushing or development with a centralized hot water system is not required to comply with this section.

614.0 Landscape irrigation. Irrigation for landscape must comply with the requirements in Chapter 344, Title 30 of the Texas Administrative Code, Sections 614.1 through 614.2 of this code, and requirements imposed by the Texas Commission on Environmental Quality.

614.1 Requirements for one- and two-family dwelling landscape irrigation installation. A new irrigation system for a one- or two-family dwellings must be designed and installed to include:

1.

spray irrigation is that limited to areas that are more than six feet wide (medians, buffer strips, and parking lots islands should not be spray irrigated);

2.

above-ground irrigation emission devices that are located at least six inches from impervious surfaces;

3.

a master valve for the system;

4.

circuit remote control valves have adjustable flow controls;

5.

serviceable in-head check valves are adjacent to paved areas where elevation differences may cause low head drainage;

6.

a rain shut-off device shuts off the irrigation system automatically at or before one-half inch rainfall;

7.

zone valves and circuits that are separated based on hydrozoning;

8.

an isolation valve that is located between the meter and the backflow prevention device;

9.

pressure compensating heads unless the static pressure at the backflow protection device is measured at or below 45 pounds per square inch; and

10.

a mainline pressure regulating valve that complies with ASSE 1003, is located downstream of the backflow protection device if the static pressure at the backflow protection device is measured at or above eighty pounds per square inch.

614.1.1 Limitations for one- and two-family dwelling landscape irrigation installation. A new irrigation system for a one- or two-family dwellings permitted must be designed and installed to cover no more than 50 percent of the total landscaped area, including the front and side yard or the back and side yard.

614.2 Inspection. During the final plumbing inspection, the irrigation installer must provide the building official:

1.

water budget that includes a chart containing zone numbers, precipitation rate, and gallons per minute and the location of the isolation valve;

2.

a report on the form provided by Austin Water that certifies compliance with the requirements in Section 614.1; and

3.

proof that a laminated copy of the water budget is permanently installed inside the irrigation controller door.

616.0 Once through cooling. Potable water may not be used for once through cooling of commercial equipment including, but not limited to, ice machines, ice cream machines, refrigerators, coolers, freezers, air conditioning equipment and condensers for dry cleaning equipment unless 100 percent of the potable water used is returned for non-potable uses such as cooling tower make up or other approved uses in a new installation.

617.0 Car wash equipment. Except for self-service (spray wand) type systems, newly installed car wash equipment must be sleeved or piped under the slab to accommodate future reuse equipment that can be easily installed underground and run to an area where a water reclaim system would be anticipated to be installed. The sleeve or piping must extend approximately 24 inches past the exterior wall from the car wash equipment room and 18 inches from the interior wall. Both ends of the sleeve or piping must be equipped with a cleanout extended to grade.

704.3 Commercial sinks. A pot sink, scullery sink, dishwashing sink or machine, silverware sink or machine, commercial dishwashing machines, and other similar fixtures must be connected to the drainage system indirectly.

710.10.1 Simplex sumps. A single 1.0 or 2.0 DFU fixture that is not a required plumbing fixture under this code may be served by a single pump or ejector system.

Exceptions:

1.

A single pump ejector system that serves an accessible break room sink with 1½ inch outlet and a 1½ inch inlet is allowed.

2.

A 1½ inch outlet service sink may be drained by a single pump ejector system.

712.1 Testing procedures for drain, waste, and vent piping. The required testing process is located in the Building Criteria Manual Section 5.6.2 (Plumbing Systems Test Requirements).

712.2 Trench drains. The required testing process is located in the Building Criteria Manual Section 5.6.2 (Plumbing Systems Test Requirements).

713.4 Availability. Austin Water will determine the availability of the public sewer for any proposed building or exterior drainage facility on any lot or premises, which abuts and is served by the public sewer.

723.0 Building sewer test. The required testing process is located in the Building Criteria Manual Section 5.6.2 (Plumbing Systems Test Requirements).

723.1 Manhole test. The required testing process is located in the Building Criteria Manual Section 5.6.2 (Plumbing Systems Test Requirements).

804.1.1 Hub drain. A hub drain that receives discharge from a water heater temperature and pressure valve drain, pan drain, condensation drain, and other similar clear water waste drains may be located under the kitchen sink cabinet, water heater closet, walk-in storage room, and other similar accessible locations.

807.3 Domestic dishwashing machines. The discharge from a domestic dishwashing machine is indirect waste and may not be directly connected to a drainage system or food waste disposer unless one of the following applies:

1.

an approved dishwashing air-gap fitting is used on the discharge side of the dishwashing machine; or

2.

the discharge line from the dishwasher is looped up and securely fastened to the underside of the counter and the discharge is connected to the chamber of the food waste grinder or to a wye fitting between the food waste grinder outlet and the trap inlet or to a branch tailpiece fitting above the trap inlet.

905.3.1 Horizontal Vent. A horizontal vent that is less than six inches in height above the flood level rim of the fixture being served must be served with a clean out.

908.3 Horizontal wet venting for public use fixtures. Water closets, floor drains, and indirect waste receptors may be horizontally wet vented with fixtures that are not more than one or two fixture units in size. This does not apply to kitchen sinks or urinals. No more than two fixtures may be located on the horizontal wet vented section of the water closet, floor drain, or indirect waste receptor. A two-inch cleanout is required for the dry vent.

1007.3 Barrier-type trap seal protection device. A barrier-type trap seal protection device shall protect the floor drain trap seal from evaporation. Barrier-type floor drain trap seal protection devices shall conform to ASSE 1072. The devices shall be installed in accordance with the manufacturer's instructions.

1009.2 Approval. Austin Water approves the size, design, type, and location of each interceptor or separator. Except as otherwise specifically allowed by the City Code, wastes that do not require treatment or separation may not be discharged into any interceptor. A grease, sand, or other gravity interceptor must be field tested by applying a minimum of a one-inch water column above the lid seal of the interceptor.

Exception: An interceptor or separator on a septic system must meet the requirements established by Austin Water.

1014.1 General. If pre-treatment is required, an approved type of grease interceptor that complies with Austin Water requirements must be installed in the waste discharge leading from sinks, drains, and other fixtures or equipment. A grease interceptor is required in a facility that may introduce fats, oils, or grease into the drainage or sewage system in quantities that can affect line stoppage or hinder sewage treatment or private sewage disposal. This type of facility includes, without limitation, commercial or institutional food preparation. Facilities such as food processors, bakeries, restaurants, cafeterias, schools, hospitals, retirement homes, assisted living facilities, and grocery stores. A combination of hydro-mechanical, gravity grease interceptors, and engineered systems may be approved by Austin Water if space or existing physical constraints of an existing building requires such an installation to meet this code. A grease interceptor is not required for a one- or two-family dwelling or townhome. A water closet, urinal, or other plumbing fixture that conveys human waste may not drain into or through the grease interceptor.

1014.1.1 Each fixture discharging into a grease interceptor must be individually trapped and vented in an approved manner.

1014.1.2 Accumulated grease and latent material must be periodically removed from a grease interceptor to maintain efficient operating conditions. Removal of accumulated grease or latent materials must comply with Chapter 15-10(Wastewater Regulations). Accumulated grease or latent materials may not be introduced into any drainage piping or public or private sewer. If the authority having jurisdiction determines that a grease interceptor is not being properly maintained or cleaned, the authority having jurisdiction may require additional equipment or devices be installed and may mandate a maintenance program.

1014.1.3 Food waste disposal units and dishwashers. A food waste or garbage disposal unit may not be installed in a restaurant, cafeteria, and other commercial and institutional kitchen or food preparation facility. A system installed prior to the prohibition must be connected to or discharge into a grease interceptor. Unless specifically exempted by Austin Water, a dishwasher in a commercial or institutional food preparation facility must be connected to or discharge into a grease interceptor.

1014.2 Hydro-mechanical grease interceptors. A hydro-mechanical grease interceptor or separator must be a size, standard, design, and type approved by Austin Water; and must be installed in a location approved by Austin Water.

1014.3.3 Design. A gravity interceptor must be constructed consistent with a design approved by Austin Water.

1014.4.6 Sizing Criteria. The size and volume of an interceptor must be based on and comply with criteria established by Austin Water.

1015.0 Fats, oils, and greases (FOG) pre-treatment and disposal systems.

1015.1 Purpose. The purpose of this section is to provide the necessary criteria for the sizing, application, and installation of FOG pre-treatment and disposal systems designated as a pre-treatment or discharge water quality compliance strategy consistent with this code and Chapter 15-10(Wastewater Regulations).

1015.2 Scope. A FOG pre-treatment or disposal system is considered an engineered system and must comply with Article 3 (Flood Loads and Hazard Areas) and Chapter 15-10(Wastewater Regulations).

1015.3 Components, materials, and equipment. A FOG pre-treatment or disposal system, including all components, materials, and equipment necessary for the system to function properly, must comply with Section 301.2 (Minimum Standards) of this code and Chapter 15-10 (Wastewater Regulations).

1015.4 Sizing application and installation. A FOG pre-treatment or disposal system must be engineered, sized, and installed consistent with manufacturer's specifications, as specified in ASME A112.14.6 and Chapter 15-10(Wastewater Regulations).

1015.5 Performance. A FOG pre-treatment or disposal system must be tested and certified in accordance with national consensus standards applicable to a fat oil grease (FOG) disposal system as discharging effluent that is compliant with the standards and requirements in Chapter 15-10(Wastewater Regulations).

1016.0 Sand Interceptors.

1016.1 Where required.

1016.1.1 If pre-treatment is required, an approved type of sand interceptor that complies with Austin Water regulations must be installed in the waste discharge leading from a fixture or drain that contains solids or semi-solids heavier than water that would be harmful to the drainage system, cause a stoppage within the system, or as otherwise required by Chapter 15-10 (Wastewater Regulations). Multiple floor drains may be discharged into one sand interceptor. If effluent quality does not meet City standards, additional pre-treatment may be required.

1016.1.2 A sand interceptor is required when Austin Water determines it is necessary to protect the drainage system.

1016.1.3 Construction and Size. A sand interceptor must be constructed and sized consistent with the Austin Water design standards.

1017.0 Petroleum-based oil and flammable liquid interceptors and pre-treatment. An operation that generates a discharge that contains petroleum-based oily, flammable, or both types of waste must install and maintain an interceptor, hold haul tank, or other pre-treatment system that complies with Chapter 15-10 (Wastewater Regulations) and as authorized by Austin Water. An interceptor or other pre-treatment system, tank, or pump installed must be accessible and be vented to the atmosphere in a manner authorized by the City Code.

1107.1 Methods of testing storm drainage systems. The required testing process is in the Building Criteria Manual Section 5.6.2 (Plumbing Systems Test Requirements).

1107.2 Testing procedures for plastic roof drainage piping. The required testing process is in the Building Criteria Manual Section 5.6.2 (Plumbing Systems Test Requirements).

1107.3 Test procedures for material other than polyvinyl chloride (PVC) drainage piping. The required testing process is in the Building Criteria Manual Section 5.6.2 (Plumbing Systems Test Requirements).

1201.1.1 Liquefied petroleum approval. Liquefied petroleum container size, location, and service line are approved by the fire marshal.

1213.3 Testing process for gas systems. The required testing process is in the Building Criteria Manual Section 5.6.2 (Plumbing Systems Test Requirements).

1301.0 Medical gas plan review and permits. An engineer licensed by the State of Texas must design a plan for a medical gas system that is installed for human uses. A plan must be submitted and reviewed prior to installing or revising a medical gas system. If approved, a medical gas permit may be obtained by a responsible master plumber who is licensed by the State of Texas and has a medical gas endorsement. The permit is required to alter or install a medical gas system.

1302.0 Liquid ring surgical and dental vacuum pump installations. Liquid ring surgical and dental vacuum pumps cannot be installed within the City.

1303.0 Category 3 vacuum systems. A drain must be connected directly to the sanitary waste system consistent with NFPA 99-2015 Figure A.5.3.3.10.1.3(4)(a).

1304.0 Medical Gas for Non-Human Uses.

1304.1 Piping materials for field-installed medical gas and vacuum systems for nonhuman uses.

1.

Hard drawn seamless copper tube:

a.

ASTM B 88, Standard Specification for Seamless Copper Water Tube, Copper Tube (K, L, M);

b.

ASTM B 280, Standard Specification for Seamless Copper Tubing for Air Conditioning and Refrigeration Field Service, Copper ACR Tube;

c.

ASTM B 819, Standard Specification for Seamless Copper Tube for Medical Gas Systems, Copper Medical Gas Tubing (K or L).

2.

Stainless steel tube.

Exception: Piping for a field installed vacuum system for non-human use may be installed with schedule 40 polyvinyl chloride (PVC).

1304.2 Testing requirements. The required testing process is in the Building Criteria Manual Section 5.6.2 (Plumbing Systems Test Requirements).

1500.0 Except otherwise required by City Code, installing an alternate water reuse system is voluntary and optional.

1501.2 System design. An alternate water reuse system must be designed by a person registered or licensed to perform plumbing design work. A component, piping, or fitting used in an alternate water source system must be listed.

Exceptions. The following systems may be designed by a person who is not registered or licensed to perform plumbing design work:

1.

A rainwater catchment or condensate collection system for irrigating;

a.

Landscaping for a one-family dwelling when the system's outlets, piping, and other components are located on the exterior of the single-family dwelling; or

b.

Landscaping for a site when the system's maximum storage capacity is 500 gallons (1893 L).

2.

A gravity gray water system with a maximum discharge capacity of 250 gallons per day (0.011 L/s) for a one- or two-family dwelling or townhome.

3.

An on-site treated non-potable water system for a one-family dwelling with a maximum discharge capacity of 250 gallons per day (0.011 L/s).

4.

A laundry to landscape system.

1501.3 Permit. It is unlawful for a person to construct, install, alter, or cause to be constructed, installed, or altered an alternate water reuse system in a building or on a premise without first obtaining a permit to do such work from the authority having jurisdiction.

Exception: A plumbing permit is not required for non-potable rainwater or condensate collection systems that are not connected to any water line or fixture that is supplied by potable water if the:

1.

Gravity type exterior non-potable rainwater catchment system or non-potable condensate collection system is used only for outdoor applications; or

2.

Non-potable rainwater catchment or non-potable condensate collection system is 500 gallons (1893 L) or less and is used only for outdoor applications.

Table 1501.5 Minimum Alternate Water Source Testing, Inspection, and Maintenance Frequency

1501.5.2 Maintenance log. A maintenance log is required for an alternate water system that requires a permit under Section 1501.3. The maintenance log must be maintained by the property owner and be made available for inspection. The property owner or designated appointee must ensure that the maintenance log includes all records related to testing, inspection, and maintenance required in Table 1501.5. The purpose of the maintenance log is to demonstrate the frequency of inspection and maintenance for each system.

1501.7 Minimum water quality requirements. An alternate water source system must comply with applicable water quality requirements established by the authority having jurisdiction. In the event water quality requirements are not established, a property should comply with EPA/625/R-04/108, which includes the recommended water reuse guidelines.

Exceptions: Water treatment is not required for:

1.

Single-Family rainwater catchment systems that are used for aboveground irrigation;

2.

Gray water used for subsurface irrigation;

3.

Rainwater catchment systems used for subsurface or drip irrigation; and

4.

Alternate water or auxiliary water that originates from a well, river, or lake and is used only for outdoor irrigation.

1503.1 General. This section applies to the construction, alteration, and repair of gray water systems.

Exceptions: A system installed consistent with Section 1503.10 (Laundry to Landscape Program).

1503.2 System Requirements. Gray water shall be permitted to be diverted away from a sewer or private sewage disposal system, and discharge to a subsurface irrigation or subsoil irrigation system without treatment. The gray water shall be permitted to discharge to a mulch basin for single-family and multi-family dwellings without treatment. The gray water shall be permitted to discharge to a spray irrigation system or urinal and toilet flushing applications with treatment. Gray water shall not be used to irrigate root crops or food crops intended for human consumption that comes in contact with soil.

Table 1503.4 Location of Gray Water Systems⁶

1503.6 Prohibited location. A gray water system is not allowed on a site the authority having jurisdiction determines has insufficient lot area or has inappropriate soil conditions that will not adequately absorb the gray water to prevent ponding, surfacing, or run off. A gray water system is not allowed in the Edwards Aquifer Recharge Zone or in any other area the Authority Having Jurisdiction determines is geologically sensitive.

1503.10 Laundry to landscape system.

1503.10.1 General. This section applies when installing, altering, or repairing a laundry to landscape systems.

New Construction. A gravity gray water drainage system shall be installed in new construction in one- and two-family dwellings constructed after January 1, 2025, for future use. A gray water system shall be installed to allow for the separate discharge of gray water for direct landscape irrigation from a cloth washing machine installed adjacent to an exterior wall or a wall perpendicular to an exterior wall.

Exception: Where soil conditions do not provide adequate infiltration, where setbacks cannot be maintained, or other such limitations are prohibited by the Land Development Code. Project applicants shall submit documentation satisfactory to the Authority Having Jurisdiction for an exemption.

1503.10.2 System design. A laundry to landscape system must be designed:

1.

To divert gray water from a domestic laundry washing-machine located in a private one- or two-family dwelling only;

2.

To allow the private residence, using one-inch tubing, to direct the flow of gray water from the domestic laundry washing-machine to an irrigation field for landscape irrigation or to divert to the building sewer;

3.

To include a manifold with a one-inch, three-way accessible diverter valve. The valve to be located in an accessible location and be identified as a gray water system;

4.

So that the three-way diverter valve and piping is supported to relieve any potential stress on the piping when in use;

5.

So that all gray water is contained to the site where it is generated without ponding, surfacing, or run off;

6.

To minimize contact with humans and domestic pets; and

7.

So that it does not constitute a health nuisance.

8.

With an informational card at least four by six inches in size and containing information specified by Austin Water about the usage of laundry to landscape plumbing which shall be affixed adjacent to the three-way diverter valve.

9.

With gray water piping and stub out(s) clearly identified with a label having a purple (Pantone color No. 512, 522C, or equivalent) background and black uppercase lettering. Labeling shall be field, or factory marked as follows: "CAUTION: NONPOTABLE GRAY WATER, DO NOT DRINK"; and

10.

For new construction one- and two-family dwellings:

a.

The inlet of the three-way valve will require a direct connection from the washing machine drain outlet.

b.

Outlet one of the three-way valve will terminate no more than four inches into the washing machine standpipe.

c.

Outlet two of the three-way valve will require an air admittance valve then the stub out will terminate outside above finish grade or be located in a valve box when below grade, for future use. Both stub out methods must be labeled with black letters in a purple background.

d.

The standpipe trap will require periodic use for the purpose of maintaining a water level in the trap to prevent sewer gas release.

1503.10.4 Discharge. The laundry to landscape system may discharge to a subsurface irrigation system, a subsoil irrigation system, or mulch basin. Above ground discharge is prohibited.

1503.10.5 Uses. The laundry to landscape system may be used to irrigate landscape on the exterior of the structure but may not be used to irrigate root crops or food crops that come in contact with soil and are intended for human consumption.

1503.10.6 Prohibited locations. A laundry to landscape system is not allowed on a site that exceeds a three to one slope. A laundry to landscape system must comply with Sections 1503.10.4 and 1503.10.6.

1503.10.7 Connections to plumbing systems. A laundry to landscape system does not authorize a person to cut into or make any permanent physical attachment to the plumbing system. A laundry to landscape system may not include a change to, alteration of, or repair of any potable water connection; may not include any other pump installation, other than the pump equipped with, or manufactured as part of the domestic laundry-washing machine; and may not affect or alter any other building, plumbing, electrical, or mechanical components such as structural features, egress, fire-life safety, sanitation, potable water supply piping, or accessibility to the property.

1503.10.8 Permits and inspections. It is unlawful for a person to construct, install, alter, or cause to be constructed, installed, or altered a laundry to landscape system in a building or premise without first obtaining a permit to do such work from the Authority Having Jurisdiction.

1505.5 Initial cross-connection test. Before a building is occupied or the system is activated, a cross-connection test that complies with Section 1502.3 is required. Final approval cannot be granted until the test is deemed successful by the Authority Having Jurisdiction.

1505.10 Hose Bibs. Hose bibs shall not be allowed on reclaimed (recycled) water piping systems. Access to reclaimed (recycled) water shall be through a quick-disconnect device that differs from those installed on the potable water system. Such outlets supplying reclaimed (recycled) water shall be marked with the words: "CAUTION: NONPOTABLE RECLAIMED WATER, DO NOT DRINK" and the symbol in Figure 1505.10.

Figure 1505.10

1506.1 General. This section applies when installing, constructing, altering, or repairing an on-site treated non-potable water system intended to supply uses such as water closets, urinals, trap primers for floor drains and floor sinks, above and below ground irrigation, and other uses approved by the Authority Having Jurisdiction.

Table 1601.5 Minimum Alternate Water Source, Testing, Inspection, and Maintenance Frequency

K 101.7 Minimum water quality requirements. The minimum water quality for potable rainwater catchment system must comply with the applicable potable water quality requirements as set by the Texas Commission on Environmental Quality (TCEQ) and referenced by the Texas Department of State Health Services (DSHS).

Source: Ord. 20100624-146; Ord. 20111020-090; Ord. 20130606-093; Ord. 20140410-011, Pt. 1, 4-21-14; Ord. No. 20141120-008, Pts. 3—20, 12-1-14; Ord. No. 20170615-104, Pt. 1, 9-13-17; Ord. No. 20191114-064, Pt. 19, 11-25-19; Ord. No. 20210603-057, Pt. 1, 9-1-21; Ord. No. 20250410-042, Pt. 1, 7-10-25.

(A)

The International Fire Code and Appendices B and F, 2024 Edition, published by the International Code Council ("2024 International Fire Code") is adopted and incorporated by reference into this section with the changes described in Subsections (B), (C), (D), and (E) and Section 25-12-173(Local Amendments to 2024 International Fire Code).

(B)

The following sections of the 2024 International Fire Code are deleted. Unless specifically listed in this table, a subsection contained within a deleted section or subsection is not deleted:

(C)

The following provisions of the 2024 International Fire Code are amended. Unless specifically listed in this table, a subsection contained within an amended section or subsection is not amended:

(D)

The following provisions are added to the 2024 International Fire Code:

(E)

The definition of High-hazard Group H in the 2024 International Fire Code is deleted.

(F)

The city clerk shall retain a copy of the 2024 International Fire Code with the official ordinances of the City.

Source: Ord. No. 20171207-098, Pt. 1, 1-7-18; Ord. No. 20210603-056, Pt. 1, 9-1-21; Ord. No. 20250410-039, Pt. 1, 7-10-25.

In the City Code, "Fire Code" means the 2024 International Fire Code as adopted by Section 25-12-171(International Fire Code) and as amended by Section 25-12-173(Local Amendments to the International Fire Code). In this article, "this code" means the Fire Code.

Source: Ord. No. 20171207-098, Pt. 1, 1-7-18; Ord. No. 20210603-056, Pt. 1, 9-1-21; Ord. No. 20250410-039, Pt. 1, 7-10-25.

Each provision in this subsection is a substitute for an identically numbered provision deleted or amended by Section 25-12-171(B) and (C) or an addition to the 2024 International Fire Code.

[A] 101.1 Title. These regulations shall be known as the Fire Code and hereinafter referred to as "this code."

[A] 102.7.1 Conflicts. In the event of a conflict between referenced provisions of the International Mechanical Code and the Mechanical Code, the Mechanical Code prevails. In the event of a conflict between referenced provisions of the International Plumbing Code, the International Fuel Gas Code and the Plumbing Code, the Plumbing Code prevails. Where differences occur between the provisions of the Fire Code and the referenced standards, the provisions of the Fire Code prevail.

[A] 102.7.2 Provisions in referenced codes and standards. Unless precedence is specified by another ordinance of the City, where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard.

[A] 102.7.3 Fire Protection Criteria Manual. Additional information on procedures and rules for administration of this code are available in the Fire Protection Criteria Manual.

[A] SECTION 103 FIRE PREVENTION

[A] 103.1 General. The fire department, under the direction of the fire chief, is authorized to implement, administer and enforce the Fire Code.

[A] 103.2 Appointment. The fire chief is appointed by the City Manager in accordance with the policies and procedures of the City and in compliance with state law. The fire chief serves as the fire code official.

[A] 103.3 Deputies. The fire chief appoints the fire marshal and assistant fire marshals, inspectors, or other employees and delegates duties consistent with the policies and procedures of the fire department. Where the terms "fire code official", "fire chief", "chief", "fire department", or "fire marshal" are used in the Fire Code, the provisions apply to assistant fire marshals, inspectors, engineering professionals, and other fire department employees in the execution of their assigned duties.

[A] 104.1 General. The fire code official is authorized to administer, implement, and enforce the Fire Code; is authorized to render interpretations of the Fire Code; and to adopt policies, procedures, rules and regulations in order to implement the Fire Code. An interpretation rendered or a policy, procedure, rule, or regulation adopted by the fire code official must comply with the intent and purpose of the Fire Code and cannot have the effect of waiving a requirement of the Fire Code. Under the fire chief's direction, the fire department is authorized to enforce all ordinances of the jurisdiction pertaining to:

1.

the prevention of fires;

2.

the suppression or extinguishment of dangerous or hazardous fires;

3.

the storage, use and handling of hazardous materials;

4.

the installation and maintenance of automatic, manual and other private fire alarm systems and fire-extinguishing equipment;

5.

the maintenance and regulation of fire escapes;

6.

the maintenance of fire protection and the elimination of fire hazards on land and in buildings, structures and other property, including those under construction;

7.

the maintenance of means of egress; and

8.

the investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials.

[A] 104.1.1 Authorized Personnel. The fire chief and members of the fire department assigned to enforce the Fire Code are authorized to issue citations for violations of the Fire Code.

[A] 104.13 Authority of the Chief. The fire chief, or the fire chief's designee, may order the evacuation of or cessation of its use or operation of any area, premises, building, building under construction, or vehicle that is or is in imminent danger of becoming a fire hazard, becoming a chemical exposure hazard, or becoming a life or health hazard as a result of flooding or other dangerous condition.

[A] 105.3.1 Expiration. An operational permit remains in effect until reissued, renewed, revoked, or for such a period of time as specified in the permit. Construction permits are issued and administered consistent with the Building Code. Unless otherwise provided in the Fire Code, permits are not transferable and any change in occupancy, operation, tenancy or ownership requires a new permit.

105.5 Required operational permits. The fire code official may issue an operational permit for an operation, practice, or function described in this section.

105.5.5 Carnivals and fairs. An operational permit is required to conduct a carnival or fair.

105.5.9 Compressed gases. An operational permit for compressed gases is required and must comply with Section 105.5.22 (Hazardous materials).

105.5.11 Cryogenic fluids. An operational permit for cryogenic fluids is required and must comply with Section 105.5.22 (Hazardous materials).

105.5.15 Exhibits and trade shows. An operational permit is required to operate exhibits and trade shows.

105.5.16 Explosives.

105.5.16.1 Blasting. An operational permit is required to use explosives or blasting agents at an addressed location for a specified period, which is based on the class of permit. Chapter 56 (Explosives and fireworks) establishes additional requirements for a blasting operational permit.

1.

Class A: 45 days.

2.

Class B: 120 days.

3.

Class C: 1 year.

4.

Class D: 10 days.

105.5.16.2 Explosives or Blasting Agents. An operational permit is required for the manufacture, storage, handling, sale, or use of explosives, and explosive materials within the scope of Chapter 56 (Explosives and fireworks).

Exception: Storage in Group R-3 occupancies of smokeless propellant, black powder and small arms primers for personal use, not for resale and consistent with Section 5606.

105.5.16.3 Fireworks. An operational permit is required to manufacture, store, handle, sell, or use any quantity of fireworks or pyrotechnic special effects.

105.5.17 Fire protection systems. An annual operational permit is required for all fixed fire protection systems in buildings and facilities, including but not limited to fire alarm systems, fire sprinkler systems, commercial kitchen hood suppression systems, and mechanical smoke control systems. A single permit is required for each building or facility and must detail the types and locations of systems present. Inspections and testing that complies with the Fire Protection Criteria Manual and any other applicable national standards is a condition of permit approval.

105.5.18 Flammable and combustible liquids. An operation permit for flammable and combustible liquids is required and must comply with Section 105.5.22.2 (Hazardous materials).

105.5.22 Hazardous Materials.

105.5.22.1 An operational permit is required to use or possess hazardous materials in a quantity in excess of that described in 105.5.22.2 below and meeting any one of the following criteria:

105.5.22.1.1 Materials with a health rating of 2 or more, as defined in Appendix F.

105.5.22.1.2 Materials with a flammability rating of 2 or more, as defined in Appendix F.

105.5.22.1.3 Materials with an instability rating of 2 or more, as defined in Appendix F.

105.5.22.1.4 Compressed gases liquefied compressed gases and cryogenic fluids.

105.5.22.2 An operational permit is required to use or possess hazardous materials if the aggregate quantity of each material with the same hazard rating, in the same physical state throughout the facility, is equal to or greater than the following:

MINIMUM AGGREGATE QUANTITY

105.5.22.3 An operational permit is required to dispense liquid fuels, regardless of hazard classification, from tank vehicles into the fuel tanks of motor vehicles at commercial, industrial, governmental or manufacturing establishments. A person may not dispense liquid fuels of any kind from tank vehicles into the fuel tanks of motor vehicles at a residence.

105.5.22.4 The criteria for the rating of hazardous materials are contained in NFPA Standard No. 704 (See Appendix F). The fire code official uses NFPA Standard No. 704 to assign hazard ratings to hazardous materials. If the NFPA Fire Protection Handbook assigns a material a hazard rating, then that rating is used. When a rating is not provided, the fire code official uses NFPA 704, information contained in Safety Data Sheets (SDS), Appendix E, or other commonly accepted published standards of nationally recognized organizations/authors to classify hazardous materials.

105.5.22.5 Compressed and liquefied gases and cryogenic fluids will be totaled on a quantitative basis for each hazard class. The materials may be reported in pounds or gallons but, for the purpose of regulation, are calculated in cubic feet by the fire department.

105.5.22.6 The state of a material (liquid, solid, gas) is based on its physical state at NTP.

105.5.22.7 Materials not requiring a permit. The following materials are not subject to the permitting requirements:

105.5.22.7.1 Inert gases that do not support combustion including argon, helium, krypton, neon, xenon, compressed air, and nitrogen. When stored as cryogenic fluids, these gases are subject to permitting requirements.

105.5.22.7.2 Any material used or stored for household purposes at a private residence.

105.5.22.7.3 Any material contained in a transportation vehicle when the vehicle is not being used for permanent storage.

105.5.22.7.4 Commercial products used at a facility solely for janitorial purposes and maintenance products that are necessary for the immediate, continued operation of equipment at the facility (not to include fuels) and are not for resale. This includes air conditioning refrigerant and pool chemicals when maintained in quantities less than the following:

TABLE 105.5.22.7.4 - MATERIAL LIMITS

105.5.22.7.5 Materials held solely as pharmaceutical products that are packaged for distribution to, and use by, the general public, except for those materials with a toxic or flammable hazard rating of 3 or more and reactive materials with a rating of 2 or more, based on the criteria in the Fire Protection Manual.

105.5.22.7.6 Any waste material regulated by the State of Texas under Chapter 361, Health and Safety Code or under Federal regulations must be listed in a permit application but will not require a permit nor be considered in setting the amount of the permit fee.

105.5.22.7.7 Nuclear and radioactive material(s) regulated by the State of Texas under Chapter 401, Health and Safety Code or under Federal regulations must be listed in a permit application but will not require a permit nor be considered in setting the amount of the permit fee.

105.5.22.7.8 Any material contained in a process vessel, except when the process vessel is being used for permanent storage.

105.5.22.7.9 Any material stored in an underground tank that complies with the permit requirements of the Development Services Department, or its successor department, and with the reporting requirements of the U.S. Environmental Protection Agency (EPA) Emergency Planning and Community Right-to-Know Act (EPCRA), also known as Title III of the Superfund Amendments and Reauthorization Act (SARA Title III), and if applicable, with the requirements of the Texas Hazard Communication Act.

105.5.22.7.10 Class II combustible liquids used to fuel emergency generators, located outside of buildings, and in approved tanks or containers less than 275 gallons in size.

105.5.22.7.11 Carbon dioxide systems utilizing high pressure cylinders that are not associated with beverage dispensing applications.

105.5.23 HPM facilities. HPM facilities, including Group H-5 occupancies are required to obtain a hazardous materials permit and must comply with Section 105.5.22.

105.5.24 High-piled storage. A triennial operational permit is required to use a building or portion thereof as a high-piled storage area that exceeds 2000 square feet (185m ² ).

105.5.29 Lithium batteries. An operational permit for the accumulation of lithium ion and lithium metal batteries is required and must comply with Section 105.5.22.

105.5.30 LP-Gas. An operational permit is required for liquefied petroleum gas and must comply with Section 105.5.22 (Hazardous materials).

105.5.36 Open burning. An operational permit is required to kindle or maintain an open fire or a fire on a public street, alley, road or other public or private ground. A person must comply with the instructions and stipulations of the permit. An open fire or fire includes trench burners (Section 308.5), mobile incinerators (Section 308.6) and agricultural burning (Section 308.7).

Exception: Recreational fires

105.5.38 Open flames and candles. An operational permit is required to use open flames or candles in connection with an assembly area or the dining area of a restaurant or drinking establishment.

105.5.39 Organic coatings. An operational permit is required for organic coatings and must comply with Section 105.6.22 (Hazardous materials).

105.5.41 Places of assembly. An operational permit or appropriate certificate of occupancy is required to operate a place of assembly.

105.5.41.1 An annual operational permit is required to operate a place of assembly where 51% or more of the gross receipts at the location are from alcoholic beverage sales.

105.5.41.2 With concurrence of the Building Official, the fire code official may issue a temporary change of use permit to use a structure for public assembly in accordance with Section 408 of this code.

105.5.44 Pyrotechnic special effects material. An operational permit is required to use and handle pyrotechnic special effects material.

105.5.51 Temporary membrane structures, special event structures and tents. An operational permit is required to operate an air-supported temporary membrane structure, special event structure or a tent having an area in excess of 100 square feet (9.3 m ² ), or an aggregate area of multiple tents or membrane structures placed side by side in excess of 400 square feet (37m ² ).

Exceptions:

1.

Tents used exclusively for recreational camping purposes.

2.

Funeral tents and curtains or extensions attached thereto, when used for funeral services.

3.

Tents that are not attached to or located within 20 feet (6096 mm) of, a building shall not require a permit unless the tent is in excess of 400 square feet (37 m ² ).

4.

Tents open on all sides which comply with all of the following:

4.1

Individual tents having a maximum size of 700 square feet (65 m ² ).

4.2

The aggregate area of multiple tents placed side by side without a firebreak clearance of not less than 12 feet (3658 mm) shall not exceed 700 square feet (65 m ² ) total.

4.3

A minimum clearance of 20 feet (6096 mm) to structures and other tents shall be provided.

5.

Inflatable playground equipment at one- or two-family residences.

6.

Inflatable playground equipment used for less than 24 hours at places of worship or education facilities (for ages served by the 6 ^th grade and younger) when located a minimum of 20 feet from the nearest building.

105.6 Required construction permits. The fire code official may issue construction permits for work as described in Section 105.6.1.

105.6.1 No Separate Construction Permits Required. Construction permits for permanent structures and systems that are issued through the building permit system shall be administered by the Development Services Department, or its successor department.

105.6.2 Temporary membrane structures, special event structures and tents. A construction permit is required to erect an air supported temporary membrane structure, special event structure or tent having an area in excess of 100 square feet (9.3 m ² ) or an aggregate area of multiple tents placed side by side in excess of 400 square feet (37 m ² ).

Exceptions:

1.

Tents used exclusively for recreational camping purposes.

2.

Funeral tents and curtains or extensions attached thereto, when used for funeral services.

3.

Tents that are not attached in any way to or within 20 feet (6096 mm) of a building shall not require a permit unless the tent is in excess of 400 square feet (37 m ² ).

4.

Tents open on all sides, which comply with all of the following;

4.1

Individual tents having a maximum size of 700 square feet (65 m ² ).

4.2

The aggregate area of multiple tents placed side by side without a fire break clearance of not less than 12 feet (3658 mm) shall not exceed 700 square feet (65 m ² ) total.

4.3

A minimum clearance of 20 feet (3658 mm) to structures and other tents shall be provided.

5.

Inflatable playground equipment at one- or two-family residences.

6.

Inflatable playground equipment used for less than 24 hours at places of worship or education facilities (for ages served by the 6 ^th grade and younger) when located a minimum of 20 feet from the nearest building.

[A] 106.1 Submittals. Construction documents and supporting data that are part of a site plan or building permit submittal must be submitted consistent with the requirements in the Land Development Code. After building permit review, a shop drawing submittal must be submitted directly to the fire department as described in the Fire Criteria Manual. The construction documents shall be prepared by a registered design professional, licensed fire alarm planning superintendent (APS), or licensed fire sprinkler responsible managing employee (RME) as appropriate and as required by Texas Law. Construction documents must comply with the Fire Code and be consistent with the guidance in the Fire Protection Criteria Manual.

Exception: The fire code official may waive the submission of construction documents and supporting data that is not required to be prepared by a registered design professional if the fire code official finds that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with the Fire Code.

SECTION 108 FEES

[A] 108.1 Fees. A permit shall not be issued until the fees have been paid.

[A] 108.2 Schedule of fees. Each permit or service fee established in the Fire Code is set by separate ordinance.

[A] 108.4 Work commencing before permit issuance. Any person who commences any work, activity or operation regulated by this code before obtaining the necessary permits shall be subject to a notice of violation and to prosecution as provided in section 111.3 of this code. Any penalties assessed due to prosecution under this code shall be in addition to the required permit or service fees.

[A] 108.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition of work done in connection to or concurrently with the work or activity authorized by a permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.

[A] 108.6 Refunds. The refund policy of the City and the fire department shall be applicable to the over payment of any fees associated with the administration of this code.

109.2.3 Re-inspections. When previously identified violations have not been corrected, a fee shall be assessed for a construction related re-inspection requested by the applicant or contractor. When a scheduled inspection fails, or is cancelled with less than a 24 hour notice, due to the fact that the applicant or contractor was not capable of nor prepared for the inspection to be conducted, a re-inspection fee shall be assessed. The re-inspection fee shall be in an amount set by separate ordinance. No subsequent inspections shall be made until the required fees have been paid and required documentation submitted.

112.1 Appeals. Appeals are handled consistent with Chapter 25-1, Article 7, Division 1 (Appeals).

113.3.2 Compliance with orders and notices. Orders and notices of violation issued or served as provided by this code shall be complied with by the owner, operator, occupant or other person responsible for the condition or violation to which the notice of violation pertains. In cases of immediate danger to persons or property, immediate compliance is required. If the building or other premises is not owner occupied, under lease or otherwise, and the order or notice requires additions or changes in the building or premises which would immediately become fixtures and be the property of the owner of the building or premises, such orders or notices shall be complied with by the owner.

Exception: If the owner and the occupant have agreed otherwise between themselves, then the occupant shall comply.

113.3.3 Prosecution of violations.

113.3.3.1 A violation of this code is a misdemeanor punishable as set forth in Section 25-1-462(Criminal Enforcement). The filing of a criminal action does not preclude the pursuit of a civil, quasi-judicial, or administrative action for violation of this code.

113.3.3.2 The fire code official may enforce the provisions of this code by pursuing all civil, quasi-judicial, administrative, and criminal actions; all remedies available to a city under state law; or by any combination of remedies available at law or equity. In any court action, the fire official may pursue the collection of attorney's fees and costs; and maximum interest on liens and judgments as allowed by law. The filing of a civil action does not preclude the pursuit of any other action or remedy, whether quasi-judicial, administrative, or criminal. All remedies authorized under this code are cumulative of all others unless otherwise expressly provided.

113.3.3.3 Citations. Persons operating or maintaining an occupancy, premises or vehicle subject to this code who allow a hazard to exist or fail to take immediate action to abate a hazard on such occupancy, premises or vehicle when ordered or notified to do so by the fire code official shall be guilty of a misdemeanor.

113.3.4 Unauthorized tampering. Signs, notices, orders, tags or seals posted or affixed by the fire code official shall not be mutilated, destroyed or tampered with or removed without authorization from the fire code official.

202.1 Supplemental and replacement definitions. The following definitions in this subsection apply throughout this code and supplement the definitions in Section 202 (General Definitions) of the 2024 International Fire Code.

ACCESS ROADWAY. Any road(s) providing access around the perimeter of any building, to a building from a public street, or to a building or its fire department connection from a required fire hydrant.

ALL WEATHER DRIVING SURFACE. Hot mix asphaltic concrete or concrete pavement as per City of Austin Standard Specifications or other alternative roadway methods approved by the fire code official.

[B] ANIMAL HOUSING OR CARE FACILITY. A facility used for twenty-four (24) hour occupancy or permanent housing of animals for the purpose of providing a service, participating in a sport, or for providing general board and care. Animal housing or care facilities include animal shelters, animal breeding facilities, animal grooming facilities, animal daycare facilities, pet resorts, animal hospitals/veterinary clinics, kennels and pounds. Animal housing or care facilities do not include animal or pet care by pet owners for their own animals at a personal residence, and these facilities do not include Group U agricultural uses for the care and feeding of the agricultural business owner's own livestock.

AUTOMOBILE WRECKING YARD. An area that stores salvage vehicles.

BATTERY ELECTRIC VEHICLE (BEV). A National Highway Traffic Safety Administration certified electrified vehicle with a high voltage system and a battery for propulsion including, but not limited to, hybrid electric vehicle, plug-in hybrid electric vehicle, plug-in electric vehicle, and fuel cell electric vehicle.

CERTIFICATION. A record of the test, including problems found and corrections made, documenting the actions on approved forms.

CITY. These terms mean the City of Austin, in the Hays, Travis and Williamson Counties of the State of Texas. Geographically these terms indicate all territory within the corporate limits of the City and that territory annexed for limited purpose by the City and in accordance with Article I, Section 7 of the Charter of the City of Austin.

[B] CONSTANT SUPERVISION FOR GROUP B ANIMAL HOUSING OR CARE FACILITY. 24-hour on-site staff capable or responding to problems or emergencies that could impact the safety or lives of the animals being housed or cared for.

[M] COMMERCIAL COOKING APPLIANCES. Appliances used in a commercial food service establishment for heating or cooking food and which produce grease vapors, steam, fumes, smoke or odors that are required to be removed through a local exhaust ventilation system. Such appliances include deep fat fryers; upright broilers; griddles; broilers; steam-jacketed kettles; hot-top ranges; under-fired broilers (charbroilers); ovens; barbecues; rotisseries; and similar appliances. For the purpose of this definition, a food service establishment shall include any building or a portion thereof used for the preparation and serving of food for more than 6 hours per week, including food services within a residential board and care facility if the facility serves 12 or more residents.

EXTENSION CORD AND FLEXIBLE CORD. Flexible cord of any length which has one male electrical connector on one end and one or more female electrical connectors on the other end.

FIRE APPARATUS ACCESS ROAD. A road that provides fire apparatus access from a fire station to a facility, building or portion thereof. This is a general term inclusive of all other terms such as fire lane, fire zone, public street, private street, parking lot lane and access roadway.

FIRE DEPARTMENT. The Austin Fire Department.

FIRE LANE AND FIRE ZONE. A road, an off-street area, or other passageway developed to allow the passage of fire apparatus that is designated in accordance with this code that is to remain free and clear of parked or standing vehicles in order to provide access to buildings, processes, storage areas or fire appliances in case of fire or other emergency. A fire lane is not necessarily intended to be used by vehicular traffic other than fire apparatus.

HAZARDOUS PRODUCTION MATERIAL (HPM). A solid, liquid or gas associated with semiconductor manufacturing that has a degree-of-hazard rating health, flammability or instability of Class 3 or 4 as ranked by NFPA 704 and which is used directly in research, laboratory or production processes which have, as their end product, materials that are not hazardous. Class II combustible liquids shall also be classified as a hazardous production material when used in the manner described in this definition.

KEY BOX AND KNOX BOX. A listed security device with a lock operable only by a fire department master key and containing building entry keys and other keys that may be required for access in an emergency.

LEGITIMATE COOKING FIRE. A fire kindled within the confines of an appliance or structure manufactured or built for the express purpose of cooking meals for consumption by human. Incidental cooking or warming of foods with an open recreational fire shall not be considered a "legitimate cooking fire".

LEGITIMATE WARMING FIRE. A fire kindled within the confines of a metal or other non-combustible container at a construction site or other similar outdoor employment location for the sole purpose of allowing employees/workers to warm themselves without having to leave the workplace or construction site.

MOTOR VEHICLE FLUIDS. Liquids which are flammable, combustible or hazardous materials, such as crankcase fluids, fuel, brake fluids, transmission fluids, radiator fluids and gear oil. This definition does not include liquids which are permanently sealed, such as hydraulic fluid within shock absorbers.

PERMANENT STORAGE. Storage for a period of over 30 days.

PROCESS VESSEL. A container, including the associated piping, used or designed to be used to contain or promote a chemical or physical reaction.

SALVAGE VEHICLE. A vehicle which is dismantled for parts or awaiting destruction.

TEST. A complete check of the system under nationally recognized standards to determine that the system operates and functions as designed.

203.1 Occupancy classification. The following definitions in this subsection apply throughout this code and supplement the definitions in Section 203 (Occupancy classification) of the 2024 International Fire Code.

[BG] 203.3 Business Group B. Business Group B occupancy also includes:

Animal housing or care facilities

*All other examples remain unchanged.

[BG] 203.6 High-hazard Group H. High-hazard Group H occupancy includes, among others, the use of a building or structure, or a portion thereof, that involves the manufacturing, processing, generation or storage of materials that constitute a physical or health hazard in quantities in excess of those allowed in control areas complying with Section 5003.8.3, based on the maximum allowable quantity limits for control areas set forth in Tables 5003.1.1(1) and 5003.1.1(2). Hazardous occupancies are classified in Groups H-1, H-2, H-3, H-4 and H-5 and shall be in accordance with this code and the requirements of Section 415 of the Building Code. Hazardous materials stored or used on top of roofs or canopies shall be classified as outdoor rooftop storage or use and shall comply with this code.

304.3.5 Capacity exceeding 1.5 cubic yards. Dumpsters and containers with an individual capacity of 1.5 cubic yards [40.5 cubic feet (1.15 m ³ )] or more shall not be stored in buildings or placed within 10 feet (3048 mm) of combustible walls, openings or combustible roof eave lines.

Exceptions:

1.

Dumpsters or containers in areas protected by an approved automatic sprinkler system installed throughout in accordance with Section 903.3.1.1 or 903.3.1.2.

2.

Storage in a structure shall not be prohibited where the structure is of Type I or Type IIA construction, located not less than 10 feet (3048 mm) from other buildings and used exclusively for dumpster or container storage.

307.2 Permit required. A permit shall be obtained from the fire department emergency prevention division in accordance with Section 105.6 prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, a warming fire, a rubbish fire, or a bonfire. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled. Rubbish includes waste material from the construction or demolition of buildings. For additional requirements concerning trench burning, see Section 308.5. For mobile incinerators, see Section 308.6. For agricultural burning see Section 308.7.

Exception: A permit is not required for legitimate cooking fires or legitimate warming fires as defined in this chapter.

307.4 Location. When authorized by permits in accordance with Section 307.2, the location for open burning shall not be less than 50 feet (15 240 mm) from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet (15 240 mm) of any structure. Such fires shall be constantly attended by a competent person with an approved means to extinguish the fire.

Exceptions:

1.

Fires in approved containers that are not less than 15 feet (4572 mm) from a structure.

2.

Operation of a trench burner shall be in accordance with Section 308.5.

3.

Operation of a mobile incinerator shall be in accordance with Section 308.6.

4.

Open burning for agricultural purposes may be approved by the fire code official in accordance with Section 308.7.

308.5 Trench Burners. In addition to the provisions of Section 307, all trench burners in the City shall comply with the following:

308.5.1 Construction. The trench burner shall be located at the center of a circle three hundred feet in diameter, in which no combustible matter will be located or stored, except for the pile of combustible debris which has been readied for loading into the trench burner pit, except as otherwise provided by law.

1.

Pertaining to trees, landscaping, erosion, drainage, or run-off control the surface of the land within the circle shall be cleared of any high grasses, and any trees, brush, and weeds.

2.

The pit must be built in the ground and not above grade.

3.

The dimensions of the pit shall be 14 feet wide, 40 feet long, and at least 10 feet deep, except in cases where a permit issued to the applicant by the Texas Commission on Environmental Quality (TCEQ) prescribes different dimensions. The ash generated by the operation of the trench burner shall be removed from the trench as necessary to maintain a minimum trench depth of 10 feet.

4.

The pit, air blower or fan, and other operating equipment shall be securely enclosed by a locked gate and security fence of a minimum height of eight feet which completely surrounds the pit and equipment at all times when the trench burner is unattended. The top portions of the fence shall consist of at least three runs of barbed wire. The fencing shall not be removed until the pit is closed and filled. An approved fire department key lock shall be required to secure the gate.

308.5.2 Location. A trench burner must not be located within 1320 feet of any recreational area, building or structure that is not occupied or used solely by the owner of the property on which the trench burner is constructed.

308.5.3 Hours of Operation. The hours of continuous loading operation shall be between 8:00 a.m. and 4:00 p.m., Monday through Friday. Trench burners may not be operated on Saturday, Sunday or legal holidays.

1.

The blower or fan will be allowed to operate an additional two hours from 4:00 p.m. to 6:00 p.m. to ensure cool down after its period of continuous loading operations.

2.

The hours of operation may be changed by the fire code official when unusual atmospheric conditions exist.

3.

No burning is permitted when air stagnation advisories are in effect for the area in which the trench burner is located.

4.

No burning is permitted during periods of high fire hazard weather conditions.

308.5.4 Method of Operation. Material that may be burned is limited to trees, brush, untreated waste lumber, shrubs, roots, bushes, and all untreated wood waste cleared from the site described in the permit application. Combustible debris cleared from other sites may not be burned in the trench burner.

1.

All other materials, including but not limited to paper, roofing, shingles, insulation, wiring, treated wood products, metal products, chemicals, plastics, tires and other real or synthetic rubber materials may not be burned in the pit. Flammable or combustible liquids may not be burned except for ignition purposes.

2.

Suitable fire protection shall be present on the site where the trench burner is located during operation. Suitable fire protection consists of a trailer or tank truck fitted with a water tank capable of transporting a 500 gallon water supply to any location on the job site and an approved water delivery system consisting of a pump, at least 100 feet of rubber booster hose having a minimum diameter of three-fourths inch, and either a straight stream or adjustable spray nozzle.

3.

The pit must be closed and filled with dirt within 48 hours after the trench burner operations are discontinued.

4.

Combustible material may not be placed in the trench any higher than three feet below the surface level.

5.

Every trench burner must be attended when in operation. The trench burner shall be completely extinguished before being left unattended.

308.5.5 Permit Application. The permit application must contain the following:

1.

The name, address, and phone number of the individual or entity that owns the trench burner unit.

2.

The name, address, and phone number of the individual or entity responsible for the operation of the trench burner unit.

3.

A description of the site to be cleared, and the name, address and telephone number of owner of the property.

4.

An operating schedule including initial date of operation and expected number of weeks of operation.

5.

A copy of the Texas Commission on Environmental Quality permit issued for the construction of the unit, if a permit is required.

6.

A statement from the applicant confirming the applicant will inform the Watershed Protection Department, or its successor department, of the dates the trench burner will be operating.

7.

A description of the type and quantity of petroleum product utilized to ignite the trench burner. If this is to be stored at the site, then the manner of storage and quantity to be stored must be described. The method of igniting the trench burner must be described.

8.

Proof that the applicant has current liability insurance in the amount of $1,000,000 for personal injuries, and $500,000 for property damage any time the trench burner is in use.

9.

The payment of the permit fee set by separate ordinance.

10.

Certification from the Development Services Department, or its successor department, as required by Section 308.5.6.

11.

A construction permit from the Texas Commission on Environmental Quality must be obtained if required by Commission rule. If the trench burner is exempt from the Commission permit requirements all conditions of the exemption must be complied with.

308.5.6 Environmental Protection. The Development Services Department, or its successor department, shall require the following before the issuance of certification:

1.

The bottom of the trench is located at a minimum distance of 50 feet from the water table;

2.

No fissures are located inside or adjacent to the trench;

3.

Ignition fuel shall be limited to combustible liquids, as defined by this code. Approval shall also be granted where an alternative to the use of combustible liquids is used to ignite the trench;

4.

The method of igniting the trench ensures no amount of combustible liquid greater than necessary to ignite the trench will be used; and,

5.

The manner of storage of the product at the site is designed to prevent any leak or accidental discharge, and where applicable, the hazardous materials storage and registration requirements are met; and

6.

An environmental review shall be conducted of the watershed of Lake Austin, Lake Travis, or with the aquifer-related watershed of Barton, Williamson, Slaughter, Big Bear, Little Bear and Onion Creek, including the Edwards Aquifer recharge zone North and South of the Colorado River, all as shown on the hazardous materials storage and registration map on file in the Office of the City Clerk.

308.6 Mobile Incinerators. All mobile incinerators in the City must comply with the following:

308.6.1 Construction. Each mobile incinerator must be constructed as follows:

1.

Engineered and constructed of material and of a gauge to withstand normal operating temperature of 1200°F or higher without deformation.

2.

Chimneys serving mobile incinerators must terminate into a spark arrester having an area not less than four times the net free area of the chimney. Openings shall not permit the passage of spheres having a diameter larger than ½ inch nor block the passage of spheres having a diameter smaller than ⅜ inch.

3.

The exterior wall of the mobile incinerator must be of double wall construction. The incinerator must be designed such that the temperature rise above ambient temperature (750° F + 5°F) of any portion of the incinerator accessible to the operator shall not exceed 150°F.

4.

Insulation must be installed or adequate airspace provided between the external casing and the inner wall as required to meet this temperature limitation.

5.

Mobile incinerators must be constructed with a dual combustion chamber of which the secondary chamber must maintain a temperature of 1200°F or higher at all times waste material is being reduced by oxidation caused by heat of combustion.

6.

The secondary chamber must be provided with a thermocouple connected to a temperature display for monitoring the temperature.

7.

Any design not in compliance with the criteria and appropriate nationally recognized standards must have the construction reviewed and submitted as an alternative method under the seal of a registered professional engineer or a recognized testing laboratory.

308.6.2 Location. No mobile incinerator may be located:

1.

Within 10 feet of any property line, and a minimum of 10 feet must be maintained between any incinerator and rubbish, dry grass, weeds, vegetation and other combustible materials.

2.

Within 300 feet of any recreational area, residence or structure not occupied or used solely by the owner of the mobile incinerator or the owner of the property on which the mobile incinerator is used.

308.6.3 Hours of Operation. The hours of continuous loading operation shall be between 8:00 a.m. and 4:00 p.m., Monday through Friday. Mobile incinerators may not be operated on Saturday, Sunday or legal holidays.

1.

The mobile incinerator may be allowed to operate an additional two hours from 4:00 p.m. to 6:00 p.m. to ensure cool down after its period of continuous loading operations.

2.

The fire code official may change the hours of operation when unusual atmospheric conditions exist.

3.

No burning is permitted during air stagnation advisories in effect in the area in which the mobile incinerator is located.

4.

No burning is permitted during periods of high fire hazard weather conditions.

308.6.4 Method of Operation. Material to be burned in the mobile incinerator is limited to highly combustible waste, paper, wood, cardboard cartons, including up to 10 percent treated papers or plastic scraps.

1.

Suitable fire protection must be present within a distance of 20 feet at all times of operation. Suitable fire protection consists of an approved water extinguisher having a minimum rating of 10-A, and one dry chemical portable fire extinguisher with at least a 2A-10BC rating.

2.

Material to be incinerated may not be stored within 10 linear feet of any surface of the mobile incinerator's combustion chamber, chimney or hot ashes.

3.

The mobile incinerator must be enclosed by a portable security fence of a minimum of four feet, or other equivalent approved barrier, which completely surrounds the mobile incinerator providing a clear space of five feet at all times when the unit is in operation. The fencing may not be removed until the incinerator is cool to the touch.

4.

The mobile incinerator must not be moving and must be in a fixed position when operational or cooling.

5.

Every mobile incinerator must be attended when in operation. It shall be completely extinguished before being left unattended.

308.6.5 Permit Application. The permit application must contain the following:

1.

Name, address, and phone number of the individual or entity that owns the mobile incinerator.

2.

Name, address, and phone number of the individual or entity responsible for the operation of the mobile incinerator.

3.

Name, address, and phone number of the owner of the property where the mobile incinerator is to be operated.

4.

Copy of the Texas Commission on Environmental Quality permit or exemption letter issued for the use of the unit. (See Chapter 382, Health and Safety Code).

5.

Proof that the applicant has in effect liability insurance in the amount of $1,000,000 for personal injuries, and $500,000 for property damage any time the mobile incinerator is in use.

6.

Written permissions of the owner of the property where the mobile incinerator is to be operated.

7.

Certification from the Development Services Department, or its successor department, as required by Section 308.6.6 of this code.

8.

The payment of the permit fee set by separate ordinance.

308.6.6 Environmental Protection. The Development Services Department, or its successor department, shall require the following before the issuance of certification:

1.

A statement that the applicant will not deposit or discharge any waste in a manner that is in conflict with other applicable City Code requirements.

2.

A description of the plan for storage and disposal of combustion residue.

308.7 Agricultural Burning. In addition to the provisions of Section 307, all agricultural burning in the City shall comply with the following:

308.7.1 Location. The location of any agricultural burning activity shall be limited to property zoned AG consisting of at least 150 contiguous acres. The burn site shall be located at least 50 feet from the nearest property line or agricultural structure and shall be at least 1,320 feet from the nearest recreational property (i.e. park), building or structure not owned and occupied or used solely by the owner of the agricultural property.

308.7.2 Environmental conditions. The permit holder shall comply with applicable air quality regulations of the Texas Commission on Environmental Quality (TCEQ) including time limits and atmospheric conditions. Burning shall not be permitted during atmospheric inversions or other conditions that limit dispersion of the smoke plume.

308.7.3 Burning bans. Burning shall not be permitted during any weather related burn bans.

308.7.4 Fuel limitations. Material to be burned is limited to trees, brush, untreated waste lumber, shrubs, roots, bushes, and all untreated wood waste associated with the agricultural property for which the burn permit is issued. Distilled hydrocarbons including liquid fuels, lubricants, synthetic materials, tires, rubber, and plastics shall not be burned under an agricultural burn permit.

Exception: A limited quantity of liquid hydrocarbon fuel may be burned for the sole purpose of initial ignition of organic waste materials.

308.7.5 Insurance. Proof shall be provided at permit application that the applicant has current liability insurance in the amount of $1,000,000 for personal injuries, and $500,000 for property damage any time agricultural burning is in progress.

311.5 Placards. Any vacant or abandoned buildings or structures determined to be unsafe pursuant to Section 110 relating to structural or interior hazards shall be marked as required by the Development Services Department, or the successor department.

311.5.1 Placards for hazards related to emergency response. Any building or structure that is determined to present unique hazards to firefighters during emergency operations shall be protected or marked as required by Section 505.3.

314.4 Vehicles. Liquid-fueled or gaseous-fueled vehicles, aircraft, boats or other motorcraft shall not be located indoors except as follows:

2.5 Battery electric vehicles not exceeding one-half of the battery's rated storage capacity or 50 percent of the battery state of charge, whichever is less.

All other provisions remain unchanged.

316.7 Unprotected Construction Presenting Hazards To Firefighters in Existing Buildings. When existing buildings, including residential structures, are identified as employing construction methods or materials that have been shown by experience or testing to be associated with early failure or failure with little or no warning under fire exposure, the premises identification markings shall be revised to achieve compliance with Section 505.3.

Exceptions:

1.

Buildings protected throughout by automatic fire sprinklers in accordance with Sections 903.3.1.1, 903.3.1.2 or 903.3.1.3.

2.

Buildings with a noncombustible or limited combustible membrane that shields the floor or roof construction materials from fire exposure. Such membranes may be constructed using gypsum wallboard of at least one-half inch nominal thickness, cementous fiberboard of at least one-quarter inch nominal thickness, or fire-retardant treated wood (FRTW) of at least one-half inch nominal thickness.

320.2. Permits. Permits shall be required for the accumulation of more than 15 cubic feet (0.42 m ³ ) of lithium-ion and lithium metal batteries, other than batteries listed in the exception to Section 320.1, as set forth in Section 105.5.22.

SECTION 323 FIXED IN PLACE BATTERY ELECTRIC VEHICLE CHARGERS INSIDE BUILDING

323.1 General. The location and installation of fixed in place BEV chargers inside of an Enclosed, Open or Private parking garage shall be in accordance with these provisions.

323.1.1 Responsibility for cleanup. Responsibility for cleanup shall be in accordance with Section 5003.3.1.5.

323.2 Identification of the Disconnecting Means. The BEV charger shall be provided with a permanent sign indicating the location of its disconnecting means. When the electrical disconnect is in a room or other space it shall be identified with a permanent sign stating BATTERY ELECTRIC VEHICLE DISCONNECT.

323.3 Automatic Sprinkler Protection. The story where fixed in place BEV chargers are located shall be protected by an automatic sprinkler system in accordance with Section 903.3.1.1.

323.3.1 Disconnect of BEV Charger. Activation of the parking garage automatic sprinkler shall deactivate the BEVs on the floor of incident.

323.4 Location. The location of fixed in place BEV chargers inside of Enclosed, Open or Private parking garage shall be in accordance with this section.

323.4.1 Basements. Underground BEV chargers shall be limited to a one-story basement. BEV chargers located in basements two or more stories below grade are prohibited. The chargers shall be located within 100 feet of the base of a vehicle ramp or an Exit Access Stairway.

323.4.2 Enclosed or Open Parking Garages. BEV chargers in enclosed parking garages shall be limited to two stories but not more than 30 feet above grade plane. BEV chargers in Open Parking Garages shall be limited to three stories but not more than 30 feet above grade plane. The chargers shall be located within 100 feet of a vehicle ramp or an Exit Access Stairway.

323.4.3 Private Garages in Enclosed or Open Parking Garages. Private garages constructed inside of Enclosed or Open Parking garages shall be located within 100 feet of a vehicle ramp or an Exit Access Stairway.

323.4.3.1 Mechanical Ventilation of Private Garages. A Private garage with one or more fixed in place BEV chargers shall be provided with exhaust ventilation system that complies with all of the following:

1.

Installation shall be in accordance with the Mechanical Code.

2.

Mechanical ventilation system shall be at a rate of not less than one cubic foot per minute per square foot of the garage floor area.

3.

Systems shall operate continuously unless alternative designs are approved.

4.

Exhaust shall be taken from a point within 12 inches of the garage floor.

5.

The location of the inlet and exhaust air shall be designed to provide air movement across all portions of the floor or room to prevent the accumulation of vapors and gases.

323.4.3.2 Loss of Mechanical Ventilation. In the event the mechanical ventilation system fails, power to the fixed in place BEV chargers in the Private garage shall be deactivated.

SECTION 324 - ILLUMINATION REQUIRED BY A TERTIARY POWER SYSTEM

324.1 General. A tertiary power system shall be provided to automatically illuminate the following areas in the event of primary and secondary power failure:

1.

Electrical equipment rooms.

2.

Fire command centers.

3.

Fire pump rooms.

4.

Generator rooms.

5.

Elevator machine rooms.

324.2 Duration and lighting levels. Duration and lighting levels shall be as required by Sections 1008.3.1 and 1008.3.2 of the Building Code.

Exception: Generator rooms shall require 3 footcandles (33 lux) as required by NFPA 110 section 7.3.3.

401.3 Emergency responder notification. Notification of emergency responders shall be in accordance with Sections 401.3.1 through 401.3.4.

401.3.1 Emergency events. Except as provided in Section 401.3.4, in the event an unwanted fire occurs, or upon the discovery of a fire, explosion, deflagration, smoke or unauthorized release of flammable, toxic, or hazardous materials on any property, the owner or occupant shall immediately report such condition to the fire department. Building employees and tenants shall implement the appropriate emergency plans and procedures.

401.3.2 Alarm activations. Upon activation of a fire alarm signal, employees or staff shall immediately notify the fire department.

401.3.3 Delayed notification. A person shall not, by verbal or written directive, require any delay in the reporting of a fire or unauthorized chemical release to the fire department.

401.3.4 Emergency Response Teams and Fire Brigades. Facilities complying with Section 5003.9.1 by maintaining on-site emergency response teams (ERT) or industrial fire brigades that comply with the requirements of Occupational Safety and Health Administration (OSHA) regulations in 29 CFR 1910.120 or 29 CFR 1910 Subpart L may, on completion of an audit of compliance by the fire code official (audits may be performed during annual inspections by the fire department) and contingent on continued ERT/fire brigade compliance, develop site-specific procedures for determining reporting requirements based on facility staffing and qualifications.

401.3.4.1 Guidance is published in the Fire Protection Criteria Manual to help assure equitable assessment of site procedures. The procedures must be submitted to the fire code official for review and approval. Maintenance of the ERT or fire brigade shall be verified by a periodic audit during inspections by the fire department. This provision does not waive a facility's or organization's reporting obligations under State or Federal regulations.

401.3.4.2 Failure to maintain and provide records of internal responses will result in revocation of the facility's procedural approach to reporting.

SECTION 408 TEMPORARY CHANGE OF USE PERMITS

408.1 Scope. Temporary Change of Use Permits shall be in accordance with this Section. A temporary permit for a facility or building for public assembly use is not intended to be a means for creating a permanent assembly occupancy or use.

408.1.2 Temporary Change of Use To a Public Assembly (TCOU) Permit. A TCOU to a public assembly permit is required for any occupancy not classified as Group A with a gathering of more than 50 people for civic, social, recreational or religious functions. A permit is required for gatherings of 50 or more people confined by fences, walls or similar occupancies.

408.2 Annual Permit Limit. Not more than twelve TCOU permits shall be issued for a given address during a 12-month period. The measurement period shall be based on the date the first permit was approved during a given calendar year.

408.2.1 Permit Duration. The duration of the TCOU permit shall not exceed 14 calendar days.

408.3 Permit Application. A TCOU permit application shall be submitted to the fire department for plan review. Applications and required plan information shall be submitted 21 calendar days prior to the event start date.

408.4 Fire Watch. The Fire Marshal's Office may require a fire watch or standby if additional fire and life safety hazards are identified during plan review.

SECTION 409 FIRST RESPONDER EMERGENCY PLANS

409.1 Scope. First Responder Emergency Plans shall be plans assembled by the fire department to aid First Responders in familiarity with the building and its fire safety features in the event of an emergency. Plans will also aid with annual maintenance inspections.

409.2 Building Floor Plans. At the completion of new projects, the Architect/Engineer shall submit to the fire department an electronic set of building floor plan as-builts in an approved format (PDF, DWG, DXF).

409.2.1 Existing Buildings. Existing buildings shall have 3 years to submit building floor plan of fire department.

409.3 Plan Requirements. Building floor plans submitted to fire department shall contain the following information, as applicable:

(a)

Locations of exits, exit passageways and horizontal exits.

(b)

Location of fire alarm control panel and remote annunciator panel.

(c)

Location of fire department connection.

(d)

Location of all standpipes and hose valve connections.

(e)

Rated wall locations.

503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.5. Where required fire apparatus access roads are located on property other than a public right-of-way, the required fire apparatus access road shall be located within the legal boundaries of the property unless otherwise approved by the fire code official.

503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.

Exceptions:

1.

The fire code official is authorized to increase the dimension of 150 feet (45 720 mm) where any of the following conditions occur:

1.1.

The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Sections 903.3.1.1, 903.3.1.2 or 903.3.1.3.

1.2.

Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided.

1.3.

There are not more than two Group R-3 or Group U occupancies.

2.

Where approved by the fire code official, fire apparatus access roads shall be permitted to be exempted or modified for solar photovoltaic power generation facilities.

3.

Where approved by the fire code official, the fire apparatus access roads for a facility, building or portion of a building hereafter constructed, may be located on adjacent property(s), provided the fire apparatus access roads on the adjacent property(s) are bound in perpetuity to any and all associated properties necessary to comply with the fire apparatus road requirements herein by either a Unified Development Agreement (UDA) or a Joint Use Access Easement (JUAE) that is approved and recorded with the county in which the properties are located.

503.1.4 Approval of Fire Zones on Site Plans. The Director of the Development Services Department, or its successor department, shall submit site plans of proposed commercial developments to the fire code official for review and approval of the adequacy of fire zones before the issuance of a building permit for the development.

503.1.5 Official records. All required fire apparatus access roads that are not located within a public right-of-way shall be registered with the fire department.

503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 25 feet (7620 mm), except for approved security gates in accordance with Section 503.6 and the Fire Protection Criteria Manual, and an unobstructed vertical clearance of not less than 14 feet (4267 mm).

Exceptions:

1.

The unobstructed roadway width may be reduced to less than 25 feet for all or part of the required roadway so long as:

a.

the access roadway complies with the appropriate minimum street width for dedicated City streets;

b.

any fire access roadway, or portions of such roadways, which are less than 25 feet wide are not in locations where aerial apparatus deployment could be necessary to achieve control or extinguishment of a fire, and

c.

turning radii are adequate for maneuvering fire department and other emergency services vehicles.

2.

The unobstructed roadway width may be reduced to less than 25 feet for all or part of the required roadway so long as:

a.

The access road complies with the appropriate minimum street width for dedicated City streets.

b.

The access roadway is part of a system of roadways or driveways that include interconnected public and/or private roads or driveways that provide multiple pathways for emergency vehicles to access the structures served by the roadway system, provided that a fire vehicle blocking the roadway within the narrowed length will not create a dead-end road segment in excess of 150 feet long.

c.

The width of each segment is sufficiently wide to accommodate the deployment of emergency vehicles anticipated for that segment during a potential emergency (e.g. outrigger placement and aerial operations for fires in multi-story structures), and turning radii are adequate for maneuvering fire department and other emergency services vehicles.

d.

Divided roadways serving as fire lanes are allowed to consist of two lanes each 15 feet wide, one on each side of the division in locations where aerial operations are not anticipated.

e.

Throat widths entering a two-way fire access road from a public street (level 1 or 2 street without center left turn lane) shall be allowed to be transitioned to 20 feet at pedestrian crosswalk locations. The fire access road shall transition back to 25 feet within the lesser of the throat length to the plane of the first parking stall or crossing drive aisle or transition at a horizontal rate of 1 foot lateral for 15 feet of travel distance after entering the fire access road. Fire access driveways adjacent to zero lot line buildings shall optimize the regulated driveway width, radii and mountable curbs to facilitate apparatus navigation. Vertical and horizontal clearances of the apparatus undercarriage with the finished grades shall be profiled, modeled, evaluated for adequacy and approved by the fire code official.

503.2.3.1 Alternative Surfaces. Alternative surfaces shall be allowed if the installation and materials used comply with the requirements as set forth in the Fire Protection Criteria Manual. The design engineer of record shall make periodic construction observations and upon substantial competition of the work, the design engineer shall provide the fire code official an engineer's letter of concurrence that the work and materials were installed in substantial conformance with the record document.

1.

Alternative surfaces shall be a slip resistance surface in locations that require turning movements and a minimum of 40 linear feet located at building corners for aerial operations. A fire apparatus shall be able to access the scrub areas for both building faces from the slip resistant surface located at the building corner or apex of curvature.

2.

Alternative surfaces shall not be utilized as the only fire access to a building. Alternative surfaces shall be limited to a maximum of 25 percent of the fire protection along the building perimeter, not adjacent to a fire access road or public roadway. Hose lay distances from the apparatus located on an alternative surface shall be included with the 25 percent maximum limit for the calculation of fire protection along the building perimeter.

3.

Alternative surface fire lanes installed without a type 1 or 2 driveway apron shall utilize at a minimum a reinforced mountable curb. The face and top of the curb shall be designated fire lane with stripping and signage for the width of the fire lane and the length of curb to prohibit parked cars within the turning movements from the lane of travel.

503.2.4 Turning radius. The required inside turning radius of a fire apparatus access road shall be 25 feet (7.62 m). The required outside turning radius of a fire apparatus access road shall be 50 feet (15.24 m). Turn radii where street grades and travel lane widths are sufficient shall be allowed to be reduced to 15' at the entries to driveways with crosswalks from public streets as set forth in the Transportation Criteria Manual. Turning movements onto designated opposing traffic lanes or where the Austin Strategic Mobility Plan has proposed a raised median in the street section is prohibited.

503.2.6 Bridge and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with AASHTO HB-17 or the latest addition of AASHTO Load and Resistance Factor Design accepted by the Texas Department of Transportation. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges where required by the fire code official. A designated fire lane shall be maintained for the purpose of vehicle access and shall prohibit obstructions as per Section 503.3. The entire bridge deck or elevated surface shall be designed and maintained to support fire apparatus operations as required and approved by the fire code official.

503.2.6.1 Operational and outrigger loads. Where an elevated surface or structure or portions of a structure are subject to operational loads with deployment of outriggers utilizing a crane, lift or ladder, the structure shall be designed and maintained to support the following independent static loading conditions as required and approved by the fire code official: 1) a load of 43,200 pounds on one outrigger and 2) a load of 28,600 pounds on each of two adjacent outriggers with 18 feet of separation on centers (the total load is 57,200 pounds.) The contact area of each outrigger is 24 inches × 24 inches. In addition to verifying that special inspections per the Building Code, the design engineer of record shall make periodic construction observations and upon substantial competition of the work, the design engineer shall provide the fire code official an engineer's letter of concurrence that the work and materials were installed in substantial conformance with the fire code official's record document.

503.3 Designation, Location, and Maintenance of Fire Zones Official Records. All fire apparatus access roads required by Sections 503.1.1 and 3206.6 and that are out of the public right-of-way, are designated as fire zones or fire lanes, to maintain the required unobstructed clearance in accordance with Section 503.2.1 as amended. The fire department will keep records of the designation and location of fire zones and fire lanes.

Exception: Fire apparatus access roads between aisles of parking or under porte cocheres need not be designated as fire zones.

503.3.1 Tow Away Zones. All fire zones and fire lanes shall be designated as tow away zones. The designation of the fire zones or fire lanes does not make the City responsible for the maintenance of the fire zones or fire lanes on private property, but the owner of the property continues to be responsible for the maintenance of the area.

503.3.2 Signs and Identification Markers Designating Fire Zones/Fire Lanes. After designation of a fire zone or fire lane under this article, the fire code official shall give notice of the designation to the owner of the property, directing the owner to cause, at the expense of the owner, markings to be painted on top and face of curb/pavement of any areas designated as a fire zone or fire lane. The markings must be red with white stenciling reading "FIRE ZONE/TOW AWAY ZONE" or "FIRE LANE/TOW AWAY ZONE" in lettering at least three inches in height. The stenciling shall be at intervals of 35 feet or less. In addition, the owner shall cause signs to be posted at both ends of a fire zone or fire lane and at each entry and exit point which constitutes a portion of the fire zone or fire lane. Alternative marking of fire zones and fire lanes may be approved by the fire code official provided fire zones or fire lanes are clearly identified at both ends and at intervals not to exceed 35 feet and are clearly marked "Tow Away Zones" at least every 35 feet. The signs shall be installed with the top of the sign no higher than eight feet above grade and no less than five feet above grade.

503.4.1. Traffic calming devices. Geometric street features intended to mitigate unsafe traffic conditions such as speeding or excessive cut-through traffic shall be designed to address both traffic safety and emergency access requirements. Approved street features shall mitigate the traffic conditions identified by the city traffic engineer while providing for adequate emergency vehicle access to the satisfaction of the fire department.

503.6 Security gates. The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200 and the Fire Protection Criteria Manual.

503.7 Persons authorized to Issue Citations. A citation for a charge of parking, standing, or stopping in a fire zone or fire lane in violation of this article may be issued by a licensed peace officer employed by the City, an employee of the fire department designated by the fire code official, an employee of the City authorized to issue tickets for parking violations by the City Code, or a private security guard employed by an agency operating under either a license or a letter of authority issued by the Texas Board of Private Investigators and Private Security Agencies, and who is employed by the owner or lessee of the property on which a fire zone has been established.

504.1 Required Access. Exterior doors and openings required by the code or the International Building Code shall be maintained accessible for emergency access by the fire department. An approved access walkway constructed of approved materials at least 36 inches in width leading from fire apparatus access roads to exterior openings shall be provided when required by the fire code official. The walkway shall be constructed in accordance with Section 1003.4 of the Building Code.

505.1 Address identification. New and existing buildings shall be provided with approved address identification in accordance with the Fire Protection Criteria Manual.

505.3 Premise Hazard Identification Signs. Structures that the fire code official deems to have the potential to present an unusual level of hazard to firefighters during fire ground operations shall be identified such that it is readily identifiable to responding fire department personnel. Such structures may or may not present obvious dangers to the occupants of the building when no fire is present. Potentially hazardous structures may be identified as prescribed by this code, by the Building Code, or by fire department safety policies and procedures.

505.3.1 Hazardous Address Numbering. Structures that are required to be readily identifiable by responding fire department personnel shall have unique address numbering signs. The signs shall be installed on all sides of the building facing emergency vehicle access established in accordance with Section 503 or facing an approach directly from public rights-of-way. Signs will consist of the address numbers of the building in 8-inch tall white numbers on a solid red background. The address numbers will be oriented vertically. The signage will be reflective to be visible at night, weather resistant and permanent.

507.3 Fire flow. Fire flow requirements for buildings or portions of buildings and facilities shall be determined in accordance with Appendix B.

507.4 Water supply test. The Fire Marshals office shall be notified prior to the water supply test. Water supply tests shall be conducted by or witnessed by the Fire Marshals office.

507.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from the nearest hydrant on a fire apparatus access road or more than 500 feet (152 m) from secondary hydrants needed to supply the minimum fire flow, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official.

Exceptions:

1.

For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).

2.

For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Sections 903.3.1.1 or 903.3.1.2, the distance requirement for all required fire hydrants shall be 500 feet (152 m).

507.5.3 Private fire service mains and water tanks. Private fire service mains, including private fire hydrants and water tanks, shall be inspected, tested and maintained consistent with NFPA 25, Standard for Inspection, Testing and Maintenance of Water-Base Fire Protection Systems; the Fire Protection Criteria Manual and the American Water Works Association (AWWA) Manual M-17, Installation, Field Testing and Maintenance of Fire Hydrants at the following intervals:

1.

Private fire hydrants (all types): Inspection annually and after each operation; flow test and maintenance annually to ensure proper functioning in accordance with the following:

a.

Private fire hydrants shall be flushed annually. Chlorine residual tests will be performed on all private hydrant systems not separated from potable water uses by an approved back-flow prevention device. The unseparated hydrants shall be flushed until the free chlorine residual meets or exceeds the 0.2 mg/1 minimum established by the Texas Commission on Environmental Quality in Section 290.46(f)(1) of the Rules and regulations for Public Water Systems. Chlorine residual shall be determined using the N,N-diethyl-p-phenylenediamine (DPD) method.

b.

Static testing shall be performed in accordance with AWWA Manual M-17, Installation, Field Testing and Maintenance of Fire Hydrants, Chapter 4.

c.

Flow tests shall be conducted in accordance with Manual M-17, Installation, Field Testing and Maintenance of Fire Hydrants, Chapter 6.

2.

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

3.

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

507.5.7 Marking of Fire-protection equipment and fire hydrants. Fire-protection equipment and fire hydrants shall be clearly identified in an approved manner to prevent obstruction by parking and other obstructions.

All fire hydrants shall be painted in accordance with City of Austin Standard Specifications manual. With the approval of the fire code official, private hydrants may be painted an alternate reflective color; multi-colored hydrants are prohibited. When required by the code official, hydrant locations shall be identified by the installation of reflective markers.

507.6 Protection of potable water systems. Fire hydrants and the supply piping to them which contain chemicals or additives shall be separated from sources of potable water by a reduced pressure backflow assembly installed at the connection to the potable water system. Backflow assemblies shall be operationally tested and maintained in accordance with City Code Chapter 15-1(Cross-Connection Regulations).

Private fire hydrants located at a distance from a flowing water service such that the volume of water in the hydrant lead is more than 100 gallons shall have backflow prevention protection as required by Chapter 15-1(Cross-Connection Regulations).

Private fire hydrant systems not maintained, flushed and tested for chlorine residual in accordance with Section 507.5.3, item 1 a. shall be provided with backflow prevention protection in accordance with Chapter 15-1(Cross-Connection Regulations).

507.6.1 Special inspections. Austin Water shall inspect private property to identify each existing private fire hydrant connected to the City's potable water distribution system. The owner of the property or the water service customer shall bear the costs and the responsibility to provide a flushing and maintenance program in accordance with Section 507.5.3 or to provide backflow prevention protection in accordance with Chapter 15-1(Cross-Connection Regulations).

Further modifications shall be made by, and at the expense of, the property owner or water service customer as necessary to correct any water supply deficiencies (flow or pressure) resulting from the installation of required backflow prevention protection assemblies.

508.1.6 Required Features. The fire command center shall comply with NFPA 72 and shall contain the following features:

Items 1 through 6 remain unchanged.

7.

Controls for unlocking stairway doors simultaneously. Stairways doors shall be physically unlocked by UL listed fire alarm system components. The unlocking means shall be a red light switch mounted on the wall in the command room with appropriate signage or other approved method.

Items 8 through 13.3 remain unchanged.

13.4

Exit access stairway and exit stairway information that includes: number of exit access stairways and exit stairways in building, each exit access stairway and exit stairway designation and floors served; location where each exit access stairway and exit stairway discharges; interior exit stairways that are pressurized; exit stairways provided with emergency lighting; each exit stairway that allows reentry; exit stairways providing roof access; elevator information that includes: number of elevator banks, elevator bank designation, elevator car numbers and respective floors that they serve; location of elevator machine rooms, control rooms and control spaces; location of sky lobby; location of freight elevator banks; location of the Fire-fighters Service Access Elevator banks when applicable; and location of Occupant Evacuation Elevator banks when applicable.

Items 13.5 through 18 remain unchanged.

508.1.7 Fire command center identification. The fire command center shall be identified by a permanent, easily visible sign stating "FIRE COMMAND CENTER" located on the door to the fire command center. Additional signage as required by the fire code official shall be provided when the fire command center is located in an area not readily visible when entering the building.

510.5.3 Minimum qualifications of personnel. Except as otherwise provided, the minimum qualifications of the system designer and lead installation personnel shall include all of the following:

1.

A valid FCC-issued general radio operator's license.

2.

Certification of in-building system training issued by an approved organization or approved school, or a certificate issued by the manufacturer of the equipment being installed.

3.

Qualified as required by the fire code official.

These qualifications shall not be required where demonstration of adequate skills and experience satisfactory to the fire code official is provided.

605.4 Fuel oil storage systems. Fuel oil storage systems for building heating systems shall be installed and maintained in accordance with this code. Tanks and fuel-oil piping systems shall be installed in accordance with the Mechanical Code. Aboveground storage tanks and piping for generators shall comply Chapter 57.

605.4.1.2 Fuel oil storage for stationary generators. Aboveground outdoor fuel oil storage for stationary generators in quantities exceeding 660 gallons shall meet the following requirements:

(1)

All storage must be located 50 ft. from a property line that is or can be built upon, including the opposite side of a public way.

(2)

For installations storing all fuel oil in UL 2085 Aboveground Storage Tank, the distance from a property line that is or can be built upon, including the opposite side of a public way shall be in accordance with NFPA 30.

(3)

All tank openings shall be above the tank liquid level.

(4)

All installations exceeding an aggregate volume of 20,000 gallons (75708 L) shall be subject to public notification requirements of Section 5704.2.9.6.1, Exception 3.

605.4.2 Fuel oil storage inside buildings. Fuel oil storage inside buildings shall comply with Sections 605.4.2.2 through 605.4.2.8 and Chapter 57.

605.4.2.1 Approval. Indoor fuel oil storage tanks shall be in accordance with UL 80, UL 142 or UL 2085.

605.4.2.2 Quantity limits. One or more fuel oil storage tanks containing Class II or III combustible liquid shall be permitted in a building. The aggregate capacity of all tanks shall not exceed the following:

(1)

120 gallons of Class II combustible liquid in unsprinklered buildings where stored in a tank complying with UL 80, UL 142 or UL 2085.

(2)

330 gallons of Class III combustible liquid in unsprinklered buildings where stored in a tank complying with UL 80, UL 142 or UL 2085.

(3)

660 gallons (2498 L) in buildings equipped with an automatic sprinkler system in accordance with Section 903.3.1.1, where stored in a tank complying with UL 80, UL 142 or UL2085.

(4)

3,000 gallons (11 356 L) in a building equipped with an automatic sprinkler system in accordance with Section 9-3.1.1, when all of the following are met:

(a)

All storage is in protected aboveground tanks complying with UL 2085 and Section 5704.2.9.7.

(b)

Tanks are listed as secondary containment tanks as required by UL 2085 and the secondary containment is monitored visually or automatically.

(c)

All storage is located 6 stories or less above the lowest level of fire department access.

(d)

All piping for the tanks above the ground level have welded connections except where replaceable components are installed

605.4.2.3 Restricted use and connection. Tanks installed in accordance with Section 605.4.2 shall be used only to supply fuel oil to fuel-burning equipment, generators or fire pumps installed in accordance with Section 605.4.2.5. Connections between tanks and equipment supplied by such tanks shall be made using closed piping systems in accordance with the Mechanical Code. Closed piping systems for generators shall comply with Chapter 57.

605.4.2.6 Separation. Rooms containing fuel oil tanks for internal combustion engines shall be separated from the remainder of the building by fire barriers, horizontal assemblies, or both, with a minimum 1-hour fire-resistance rating with 1-hour fire-protection-rated opening protectives constructed in accordance with the Building Code.

[M] 606.2 Where required. A Type I hood shall be installed at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease vapors.

Exception: A Type I hood shall not be required for an electric cooking appliance where an approved testing agency provides documentation that the appliance effluent contains less than 5 mg/m ³ or less of grease when tested at an exhaust flow rate of 500 CFM (0.236 m ³ /s) in accordance with UL 710B. The appliance component controls and safety interlocks shall be inspected in accordance with the manufacturer installation instructions by qualified service personnel a minimum of once every 6 months and results of the inspection shall be available on the premises for review by the fire code official. When provided, automatic fire extinguishing systems shall be in accordance with Section 904.12.

SECTION 611 AUTOMATED EXTERNAL DEFIBRILLATOR (AED) IN HIGH-RISE BUILDINGS

611.1 Locations. All buildings that have occupied floors located more than 75 feet (22 860 mm) above the lowest level of fire department vehicle access shall have at least one Automated External Defibrillator (AED) located on each occupied level.

Exception: The provisions of this section shall not apply to the following buildings and structures:

(1)

Airport traffic control towers in accordance with Section 412.2 of the Building Code.

(2)

Open parking garages in accordance with Section 406.5 of the Building Code.

(3)

Group A-5 occupancies in accordance Section 303.6 of the Building Code.

(4)

Group H-1, H-2 or H-3 in accordance with Section 415 of the Building Code.

611.2 Type. All AEDs used in high-rise buildings must be of the type approved by the United States Food and Drug Administration (FDA).

611.3 Accessibility. All AEDs must be available for public use.

1.

All AEDs shall be located in the elevator lobby unless otherwise approved by the fire code official.

2.

Standard industry accepted signs shall mark the location of each AED.

611.4 Maintenance. All AEDs shall be maintained and tested according to manufacturer recommendations.

1.

Maintenance records shall be kept for a period of 1 year.

2.

Disposable supplies (Defibrillation pads) shall be replaced upon their expiration date or following use.

611.5 Medical Direction. A licensed physician shall be involved to ensure compliance with the requirements of the Health and Safety Code, chapter 779, Automated External Defibrillators.

611.6 Training. The person or entity that acquires an AED shall ensure that users are trained in cardiopulmonary resuscitation (CPR) and use of the automated external defibrillator (AED) in a course approved by the Texas Department of State Health Services.

611.7 Notifying Emergency Medical Services Providers. Upon acquisition of an AED, the person or entity shall notify the fire department AED Coordinator of the existence, location and type of AED.

901.4.7.3 Environment. Automatic sprinkler system riser rooms and fire pump rooms shall be maintained at a temperature of not less than 40°F (4°C). Heating units shall be permanently installed and thermostatically controlled.

901.6.2 Integrated Testing. Where two or more fire protection or life safety systems are interconnected, the intended response of subordinate fire protection and life safety systems shall be verified when required testing of the initiating system is conducted, when required by the fire code official.

901.6.3 Records. Records of all system inspections, tests and maintenance required by the referenced standards shall be maintained on the premises for a minimum of three years and shall be copied to the fire code official upon request.

903.2.1.6 Assembly occupancies on roofs. Where an occupied roof has an assembly occupancy with an occupant load exceeding 100 for Group A-2 and/or 300 for other Group A occupancies, all floors between the occupied roof and the level of exit discharge shall be equipped with an automatic sprinkler system in accordance with Section 903.3.1.1.

Exception: Open parking garages of Type I or II construction.

903.2.2.3 Group B - Animal Housing or Care Facilities. An automatic sprinkler system in accordance with Sections 903.3 and 903.4 shall be provided in fire areas containing an animal housing or care facility when the animals are not provided with constant supervision.

Exceptions:

1.

An automatic sprinkler system is not required in animal housing or care facilities serving 25 or fewer animals where all of the following conditions are met:

a.

Walls and ceilings have a Class A finish as specified in Section 803; and

b.

The facility is provided with a supervised fire alarm system in accordance with Section 907.2.2.2.

2.

An automatic sprinkler system is not required in animal housing or care facility serving 50 or fewer animals where all of the following conditions are met:

a.

The facility is of one (1) hour fire resistive construction on both sides of the boundary walls of the kennel area;

b.

Walls and ceilings have a Class A finish as specified in Section 803; and

c.

The facility is provided with a supervised fire alarm system in accordance with Section 907.2.2.2.

903.2.4.2 Group F-1 distilled spirits and beverages. An automatic sprinkler system shall be provided throughout a Group F-1 fire area used for the manufacture or mixing of over 20% by volume (15.8% by weight) of ethyl alcohol distilled spirits in an aqueous solution in a volume exceeding the Maximum Allowable Quantity per Control Area.

903.3.1.1.1 Exempt locations. When approved, automatic sprinkler protection shall not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire detection system in accordance with Section 907.2 that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from a room merely because it is damp, of fire-resistance-rated construction or contains electrical equipment.

1.

Provision remains unchanged.

2.

Transformer rooms owned and operated by an electric utility and separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire-resistance rating of not less than two hours. The automatic fire detection system for exempt locations is not required.

3.

Provision remains unchanged.

4.

Provision remains unchanged.

5.

Provision remains unchanged.

903.3.1.2.4 Balcony closets. Sprinkler protection shall be provided for all balcony closets.

903.3.5 Water supplies. Water supplies for automatic sprinkler systems shall comply with this section and the standards referenced in Section 903.3.1. Fire hydrant flow tests shall be in accordance with Section 507.4. Protection of potable water supplies shall be in accordance with Section 507.5.6 and the Plumbing Code.

903.3.5.3 Safety Factor. Water supplies designed for automatic sprinkler systems shall provide a safety factor of 10 pounds per square inch gauge (PSIG). The safety factor shall be based on the calculated system design flow and pressure.

Exception: A safety factor less than those defined in this Section may be approved by the fire code official only if historical water supply data is available to demonstrate that reasonable expected fluctuations will not cause the water supply to fall below the system demand.

903.3.6 Hose threads. Fire hose threads and fittings used in connection with automatic sprinkler systems shall be approved and shall be National Standard Hose Thread.

903.3.10 Flexible Sprinkler Hose Fittings. Flexible hoses used in automatic sprinkler systems shall be limited in length to a maximum of 6 feet. The extinguishing agent shall pass through a maximum of one 6-foot section before discharging from the sprinkler orifice (head). Approval of shop drawing submittals shall be required for all uses of flexible hose sprinkler piping, and where more than one flexible hose sprinkler drop is used in a remodel application, the adequacy of the water supply shall be verified by hydraulic calculations.

Exception: The provisions of this section shall not apply when the manufacturer's data sheet does not require an equivalent length.

903.4.3 Alarms. A listed fire alarm bell, located on the exterior of the building in an approved location, shall be connected to each automatic sprinkler system. The fire alarm bell shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system.

904.14 Commercial cooking systems. The automatic fire-extinguishing system for commercial cooking systems shall be of a type recognized for protection of commercial cooking equipment and exhaust systems of the type and arrangement protected. Each preengineered automatic dry- and wet-chemical extinguishing system shall be tested in accordance with UL 300 and listed and labeled for its intended application. Other types of extinguishing systems shall be listed and labeled for specific use as protection for commercial cooking operations. The system shall be installed in accordance with this code, its listing and the manufacturer's installation instructions. Automatic fire-extinguishing systems of the following types shall be installed in accordance with the referenced standard indicated, as follows:

1.

Carbon-dioxide extinguishing systems, NFPA 12.

2.

Automatic sprinkler system, NFPA 13.

3.

Foam-water sprinkler system or foam-water spray systems, NFPA 16.

4.

Dry-chemical extinguishing systems, NFPA 17.

5.

Wet-chemical extinguishing systems, NFPA 17A.

Exception 1: Factory-built commercial cooking recirculating systems that are tested in accordance with UL 710B, and listed and installed in accordance with Section 304.1 of the Mechanical Code.

Exception 2: With the concurrence of the building official, commercial cooking equipment used intermittently for periods which total less than 6 hours per week may be served by a Type II ventilation hood without fixed fire suppression. A portable fire extinguisher rated for commercial cooking applications shall be provided.

905.3.3 Covered and open mall buildings. Covered mall and open mall buildings shall be equipped throughout with a standpipe system where required by Section 905.3.1. Mall buildings not required to be equipped with a standpipe system by Section 905.3.1 shall be equipped with Class I hose connections connected to the automatic sprinkler system sized to deliver water at 250 gallons per minute (946.4 L/min) at the hydraulically most remote hose connection while concurrently supplying the automatic sprinkler system demand. The standpipe system shall be designed not to exceed a 50 pounds per square inch (psi) (345 kPa) residual pressure loss with a flow of 250 gallons per minute (946.4 L/min) from the fire department connection to the hydraulically most remote hose connection. Hose connections shall be provided at each of the following locations:

1.

Within the mall at the entrance to each exit passageway or corridor.

2.

At each intermediate floor landing within interior exit stairways opening directly on the mall.

3.

At exterior public entrances to the mall of a covered mall building.

4.

At public entrances at the perimeter line of an open mall building.

5.

At other locations as necessary so that the distance to reach all portions of a tenant space does not exceed 200 feet (60 960 mm) from a hose connection.

905.4 Location of Class I standpipe hose connections. Class I standpipe hose connections shall be provided in all of the following locations:

(1)

In every required interior exit stairway or exterior exit stairway, a hose connection shall be provided for each story above and below grade plane. Hose connections shall be located at the intermediate floor landing unless otherwise approved by the fire code official.

Items 2 through 4 and item 6 remain unchanged

(5)

Where the roof has a slope less than 4 units vertical in 12 units horizontal (33.3 percent slope), a hose connection shall be located at the roof or at the highest landing of a stairway with stair access to the roof provided in accordance with Section 1011.12. An additional hose connection shall be provided at the top of the most hydraulically remote standpipe for testing purposes.

907.2.1.3 Electrical Shunt for Amplified Sound Conditions. For venues with amplified music or sound systems, in Group A occupancies having an occupant load of 300 or more, electrical shunts shall be provided to de-energize the music or sound systems upon alarm activation as necessary to demonstrate compliance with the audibility requirements of NFPA 72.

907.2.2.3 Animal Housing or Care Facilities. Fire areas containing an animal housing or care facility shall be provided with an electronically supervised automatic smoke detection system. In spaces provided with a source of heat or light but otherwise unconditioned, in lieu of smoke detection the alarm system may be activated by quick response heat detectors with a response time index (RTI) of less than 100 (ie. RTI classification of "Quick", "Ultrafast", "V-fast").

Exception: Smoke detectors and/or quick response heat detectors are not required where the building is equipped with an automatic sprinkler system installed in accordance with Sections 903.3 and 903.4 and activation of the automatics sprinkler system activates notification appliances as required by Section 907.2.2.3.1.

907.2.2.3.1 Notification Appliances. Notification appliances shall provide audible and visual alarm signals in office areas and other areas within the fire area where no animals are housed or cared for. Notification appliances within the areas animals are housed or cared for shall provide visual only notification.

907.2.3.1 Common Areas within a Group E Day Care Occupancies. Group E Day care occupancies shall be provided with a fire alarm system in accordance with Section 907.2.3 and shall be protected by smoke detectors installed in accordance with this section, the listing of the detectors and NFPA 72, and shall activate notification in accordance with Section 907.5.

Detectors shall be placed throughout all corridors of all floors containing the day care facility, in lounges, and in each room occupied by children.

Exceptions:

1.

A day care housed within and serving the students of a Group E occupancy, such as a public charter or private school, grades K-12, is permitted to comply with the alarm and detection requirements of Section 907.2.3.

2.

Group E day cares serving 12 or fewer children located in a state licensed or registered Child-Care Home, provided that the dwelling is protected with interconnected hard wired smoke alarms located as required by this section, 907.2.3.1, and powered as required for a new home in accordance with the Residential Code and NFPA 72 or battery operated in accordance with Section 1103.8.3 and maintained in accordance with Section 1103.8.4. When such day cares serve hearing impaired children, parents, or guardians, the smoke alarms shall be listed for both audible and visual alarm service.

907.2.6.4 Common Areas within Group I-4 Day Care Occupancies. Group I-4 day care occupancies shall be protected by a fire alarm system which monitors smoke detectors installed in accordance with this section, the listing of the detectors and NFPA 72 and activates notification devices in accordance with Section 907.5. Detectors shall be placed on each story in front of doors to the stairways throughout the corridors of all floors containing the day care facility, lounges and each room used by occupants receiving custodial care.

907.6.1.1 Surge protection devices. Surge protection devices (SPDs) for fire alarm circuits shall be in accordance with Sections 907.6.1.1 through 907.6.1.3.

SPDs shall be listed for the repeated limiting of transient voltage surges on 60 Hertz power circuits not exceeding 1,000 Volts in accordance with UL 1449, Standard for Surge Protective Devices. SPDs for power-limited and non-power-limited fire alarm circuits shall be listed in accordance with UL 497B Protectors for Data Communications and Fire Alarm Circuits.

907.6.1.2 Circuits extending beyond one building. Non-power-limited and power-limited signaling system circuits that extend beyond building and routed outdoors shall be provided with surge protection devices (SPDs) in accordance with Article 760.32 of the Electrical Code.

907.6.1.3 Fire Alarm Equipment. An SPD shall be installed on the dedicated AC branch circuit connected to any piece of fire alarm equipment that requires a dedicated AC branch circuit.

907.6.1.4 Signaling Line Circuit (SLC) Protection. Each SLC shall be provided with an SPD at the connection to the panel that controls the SLC.

907.6.7 Annunciation and control. The main fire alarm control panel or a full function remote annunciator shall be installed at the main entrance or at an approved location near the main entrance of buildings with fire alarm systems.

909.5 Smoke barrier construction. Smoke barriers required for passive smoke control and a smoke control system using the pressurization method shall comply with Section 709 of the International Building Code. Smoke barriers shall be constructed and sealed to limit leakage areas exclusive of protected openings. The maximum allowable leakage area shall be the aggregate area calculated using the following leakage area ratios:

1.

Walls: A/A _w = 0.00035 (includes construction cracks, and cracks around windows and doors).

2.

Interior exit stairways and ramps and exit passageways: A/A _w = 0.00035 (includes construction cracks but not cracks around windows or doors).

3.

Exterior exit stairways and ramps and exit passageways: A/A _w = 0.0018 (includes construction cracks but not cracks around doors).

4.

Floors and roofs: A/A _F = 0.00017 (includes construction cracks and gaps around penetrations).

Where:

A = Total leakage area, square feet (m ² ).

A _F = Unit floor or roof area of barrier, square feet (m ² ).

A _w = Unit wall area of barrier, square feet (m ² ).

The leakage area ratios shown do not include openings due to gaps around doors and operable windows. The total leakage area of the smoke barrier shall be determined in accordance with Section 909.5.1 and tested in accordance with Section 909.5.2.

909.10.2 Ducts. Duct materials and joints shall be capable of withstanding the probable temperatures and pressures to which they are exposed as determined in accordance with Section 909.10. Shafts constructed of gypsum board or gypsum panel products are not allowed. Ducts shall be constructed and supported in accordance with the Mechanical Code. Ducts shall be leak tested to 1.5 times the maximum design pressure in accordance with nationally accepted practices. Measured leakage shall not exceed 5 percent of design flow. Results of such testing shall be a part of the documentation procedure. Ducts shall be supported directly from fire-resistance-rated structural elements of the building by substantial, noncombustible supports.

Exception: Flexible connections, for the purpose of vibration isolation, complying with the Mechanical Code and that are constructed of approved fire-resistance-rated materials.

909.20.4.1 Pressurization system. Using fans with motor speeds controlled by variable frequency drives, the stair shall be pressurized to accommodate two conditions:

1.

All stair doors closed.

2.

All stair doors closed plus all stair tower exterior ground floor level doors opened.

Validation of the pressurization fan sizes shall include the analysis described in Section 909.4 under both winter and summer conditions using the most recent ASHRAE climatic data tables for Austin, Texas. Sizing of pressurization fans shall be performed using computer modeling software as approved by the fire code official.

909.20.4.2 Door Opening Force. Interior exit stairway and ramp doors shall not exceed 30 pounds (133 N) maximum force to begin opening the door.

909.20.4.3 Damper relief opening. A relief vent sized at 5,000 cfm and an opening point of 0.35 inch of water (field adjustable) shall be provided at the upper portion of the stair shaft.

909.22.6 Components bypassing weekly test. Where components of the smoke control system are bypassed by the preprogrammed weekly test required by Section 909.12.1, such components shall be tested annually. The system shall be tested under standby power conditions.

912.4.1.1 Locking fire department connection caps in existing buildings or structures. The fire code official is authorized to require locking caps on fire department connections (FDC) for water-based fire protection systems serving existing buildings where the fire department has observed obstructions placed in the FDC or where the FDC is missing caps. The locking caps shall be by an approved manufacturer and used and maintained as designed.

912.5 Signs. For new and existing structures, an all-weather, permanent sign shall be placed in a visible location adjacent to fire department connections serving automatic sprinklers, standpipes or fire pump connections. The text shall be white reflective letters on a red background. Such signs shall read: "FDC", "AUTOMATIC SPRINKLERS," "STANDPIPES," "TEST CONNECTION," "STANDPIPE AND AUTOSPKR" or "AUTOSPKR AND STANDPIPE," or a combination thereof as applicable.

912.5.1 Lettering. Each fire department connection (FDC) shall be designated by a sign having the letters "FDC" not less than six inches (152 mm) in height and words in letters not less than two inches (51 mm) in height. For manual standpipe systems, the sign shall also indicate that the system is manual and that it is either wet or dry.

912.5.5 Indication of pressure reducing valves. Where pressure reducing valves are provided within the building, the sign shall indicate the range of floor levels.

913.1.1 Fire Pump Rating. Fire pump(s) for fire protection shall be selected so that the greatest single demand for any fire protection system connected to the pump is less than or equal to 125 percent of the rated capacity (flow) of the pump.

913.2.2.1 Fire Pump Disconnect. Fire pump(s) shall not have any electrical disconnecting means between the utility transformer and the electric fire pump controller.

913.3.1.2 Freeze Protection for Fire Pump Room. The temperature maintenance required by 913.3 shall be maintained at all times and shall be connected to the building standby power system when required.

SECTION 915 CARBON MONOXIDE (CO) DETECTION

915.1 General. Carbon monoxide detection shall be installed in new buildings in accordance with Sections 915.1.1 through 915.6. Carbon monoxide detection shall be installed in existing buildings in accordance with Section 1103.9.

915.1.1 Where required. Carbon monoxide detection shall be provided in Group I-1, I-2, I-4 and R occupancies and in classrooms in Group E occupancies in the locations specified in Section 915.2 where any of the conditions in Sections 915.1.2 through 915.1.6 exist.

915.1.2 Fuel-burning appliances and fuel-burning fireplaces. Carbon monoxide detection shall be provided in dwelling units, sleeping units and classrooms that contain a fuel-burning appliance or a fuel-burning fireplace.

915.1.3 Fuel-burning forced-air furnaces. Carbon monoxide detection shall be provided in dwelling units, sleeping units and classrooms served by a fuel-burning, forced-air furnace.

Exception: Carbon monoxide detection shall not be required in dwelling units, sleeping units and classrooms where a carbon monoxide detector is provided in the first room or area served by each main duct leaving the furnace, and the carbon monoxide alarm signals are automatically transmitted to an approved location.

915.1.4 Fuel-burning appliances outside of dwelling units, sleeping units and classrooms. Carbon monoxide detection shall be provided in dwelling units, sleeping units and classrooms located in buildings that contain fuel-burning appliances or fuel-burning fireplaces.

Exceptions:

1.

Carbon monoxide detection shall not be required in dwelling units, sleeping units and classrooms without communicating openings between the fuel-burning appliance or fuel-burning fireplace and the dwelling unit, sleeping unit or classroom.

2.

Carbon monoxide detection shall not be required in dwelling units, sleeping units and classrooms where a carbon monoxide detector is provided in one of the following locations:

2.1.

In an approved location between the fuel-burning appliance or fuel-burning fireplace and the dwelling unit, sleeping unit or classroom.

2.2.

On the ceiling of the room containing the fuel-burning appliance or fuel-burning fireplace.

915.1.5 Private garages. Carbon monoxide detection shall be provided in dwelling units, sleeping units and classrooms in buildings with attached private garages.

Exceptions:

1.

Carbon monoxide detection shall not be required in dwelling units, sleeping units and classrooms without communicating openings between the private garage and the dwelling unit, sleeping unit or classroom.

2.

Carbon monoxide detection shall not be required in dwelling units, sleeping units and classrooms located more than one story above or below a private garage.

3.

Carbon monoxide detection shall not be required where the private garage connects to the building through an open-ended corridor.

4.

Where a carbon monoxide detector is provided in an approved location between openings to a private garage and dwelling units, sleeping units or classrooms.

915.1.6 Exempt garages. For determining compliance with Section 915.1.5, an open parking garage complying with Section 406.5 of the Building Code or an enclosed parking garage complying with Section 406.6 of the Building Code shall not be considered a private garage.

915.2 Locations. Where required by Section 915.1.1, carbon monoxide detection shall be installed in the locations specified in Sections 915.2.1 through 915.2.3.

915.2.1 Dwelling units. Carbon monoxide detection shall be installed in dwelling units outside of each separate sleeping area in the immediate vicinity of the bedrooms. Where a fuel-burning appliance is located within a bedroom or its attached bathroom, carbon monoxide detection shall be installed within the bedroom.

915.2.2 Sleeping units. Carbon monoxide detection shall be installed in sleeping units.

Exception: Carbon monoxide detection shall be allowed to be installed outside of each separate sleeping area in the immediate vicinity of the sleeping unit where the sleeping unit or its attached bathroom does not contain a fuel-burning appliance and is not served by a forced-air furnace.

915.2.3 Group E occupancies. Carbon monoxide detectors shall be installed in classrooms in Group E occupancies. Carbon monoxide alarm signals shall be automatically transmitted to an on-site location that is staffed by school personnel.

Exception: Carbon monoxide alarm signals shall not be required to be automatically transmitted to an onsite location that is staffed by school personnel in Group E occupancies with an occupant load of 30 or less.

915.4.3 Locations. Carbon monoxide alarms shall only be installed in dwelling units and in sleeping units. They shall not be installed in locations where the code requires carbon monoxide detectors to be used.

915.4.4 Combination alarms. Combination carbon monoxide/smoke alarms shall be an acceptable alternative to carbon monoxide alarms. Combination carbon monoxide/smoke alarms shall be listed in accordance with UL 217 and UL 2034.

915.4.5 Interconnection. Where more than one carbon monoxide alarm is required to be installed, carbon monoxide alarms shall be interconnected in such a manner that the actuation of one alarm will activate all of the alarms. Physical interconnection of carbon monoxide alarms shall not be required where listed wireless alarms are installed and all alarms sound upon activation of one alarm.

915.5 Carbon monoxide detection systems. Carbon monoxide detection systems shall be an acceptable alternative to carbon monoxide alarms and shall comply with Sections 915.5.1 through 915.5.3.

915.5.1 General. Carbon monoxide detection systems shall comply with NFPA 720. Carbon monoxide detectors shall be listed in accordance with UL 2075.

915.5.2 Locations. Carbon monoxide detectors shall be installed in the locations specified in Section 915.2. These locations supersede the locations specified in NFPA 720.

915.5.3 Combination detectors. Combination carbon monoxide/smoke detectors installed in carbon monoxide detection systems shall be an acceptable alternative to carbon monoxide detectors, provided that they are listed in accordance with UL 268 and UL 2075.

915.6 Maintenance. Carbon monoxide alarms and carbon monoxide detection systems shall be maintained in accordance with NFPA 720. Carbon monoxide alarms and carbon monoxide detectors that become inoperable or begin producing end-of-life signals shall be replaced.

916.1 Gas detection systems. Gas detection systems required by this code shall comply with Sections 916.2 through 916.11. When prescribed by other adopted standards, vapor detector systems shall comply with Section 916.

Carbon monoxide detection systems shall comply with Section 915.

Carbon dioxide gas detectors for insulated liquid carbon dioxide systems used in beverage dispensing application shall comply with Section 5307.3.

916.4 Power connections. Gas detection systems supplies shall be in accordance with Section 907.6.2. Carbon dioxide gas detectors for beverage dispensing applications shall be permitted to be cord connected to an unswitched receptacle using an approved restraining means that secures the plug to the receptacle.

916.5 Emergency and standby power. Standby or emergency power shall be provided in accordance with Section 1203.2.7. The gas detection system shall initiate a supervisory signal at an approved location if the secondary power supply is interrupted.

916.6 Gas detector locations. Gas detectors shall be installed at approved storage or use locations where leaking gases are expected to accumulate. Gases or vapors that present a health hazard and are stored or used outside of gas rooms, gas cabinets or exhausted enclosures shall be located based on the vapor density of the gas at NTP.

916.6.1 Gas detector selection. Gas detectors shall selected be based on the physical hazard or health hazard of the hazardous material being measured.

916.7 Gas sampling. Gas sampling shall be performed continuously. Sample analysis shall be processed immediately after sampling, except as follows:

1.

For HPM gases, sample analysis shall be performed at intervals not exceeding 30 minutes.

2.

For highly toxic and toxic gases, sample analysis shall be performed at intervals not exceeding 5 minutes, in accordance with Section 6004.2.2.7.

3.

Where a less frequent or delayed sampling interval is approved.

916.8 System activation. A gas detection alarm shall be initiated where any detector detects a concentration of gas exceeding the following thresholds:

1.

For flammable gases, a gas concentration exceeding 25 percent of the lower flammability limit (LFL).

2.

For nonflammable gases, a gas concentration exceeding its Permissible Exposure Limit or 8-hour Time-Weighted Average, unless a different threshold is specified by the section of this code requiring a gas detection system.

3.

For simple asphyxiant gases, a gas concentration equal to or less than 19.5% volume of oxygen in air at NTP.

Upon activation of a gas detection alarm, alarm signals or other required responses shall be as specified by the section of this code requiring a gas detection system. Audible and visible alarm signals associated with a gas detection alarm shall be distinct from fire alarm and carbon monoxide alarm signals.

916.10 Fire alarm system connections. Gas detectors and gas detection systems connected to fire alarm systems shall be in accordance with NFPA 72.

1001.1 Scope. The provisions of this chapter shall specify the requirements of means of egress and shall apply to the design, installation of means of egress. For those requirements, refer to the Building Code. Refer to Section 1032 for maintenance of the means of egress.

1032.2 Reliability. Required exit accesses, exits or exit discharges shall be continuously maintained free from obstructions or impediments to full instant use in the case of fire or other emergency when the areas served by such exits are occupied. Security devices, including drop bars, affecting means of egress shall require approval of the fire code official. Doors utilizing drop bars must have signage on the exterior of the door stating "Door equipped with drop bar". Doors utilizing drop bars must have signage on the interior of the door stating "Drop bar must be removed when building is occupied". When security devices are not in use, they must be secured in a manner where unauthorized use is prevented, such as:

1.

Locking bar in a keeper near the door.

2.

Securing bar in an office, locked closet, or similar location not accessible to the general public.

Approval to use security devices outside the scope of this code may be revoked for failure to meet the letter and intent of these rules.

1103.5.6 Group B ambulatory care facilities. An automatic sprinkler system shall be installed throughout all existing fire areas containing a Group B ambulatory care facility occupancy when the facility is designed to allow either of the following conditions to exist at any time:

1.

Four or more care recipients are incapable of self-preservation.

2.

One or more care recipients who are incapable of self-preservation are located at other than the level of exit discharge serving such occupancy.

1103.7.7 Animal Housing or Care Facilities. An electronically supervised automatic smoke detection system complying with Section 907.2.2.2 shall be installed in all fire areas containing an existing Group B Animal Housing or Care Facility if without constant supervision when any work requiring a permit is performed.

1103.9 Carbon monoxide alarms. When interior work requiring a building permit is done in existing Group I-1, I-2, I-4, and R occupancies, they shall be equipped with carbon monoxide alarms in accordance with Section 915 in the unit(s) in which the work was performed, except that the carbon monoxide alarms shall be allowed to be solely battery operated.

1203.2.20 Freeze Protection Equipment. In buildings required to be provided with emergency and/or standby power systems, all equipment required to provide freeze protection for any water-based fire protection system or equipment shall be provided with standby power.

1207.1.3 Scope. Energy Storage System (ESS) having capacities exceeding the values in Table 1207.1.1 shall comply with this section.

TABLE 1207.1.3
ENERGY STORAGE SYSTEM (ESS)
THRESHOLD QUANTITIES

1207.1.4 Permits. Permits shall be obtained for ESS as follows:

1.

Construction permits shall be obtained for stationary ESS installations and mobile ESS charging and mobile station covered by Section 1207.10.1. Permits shall be obtained in accordance with Section 105.5.22.

2.

Operational permits shall be obtained for stationary ESS installations and mobile ESS charging and mobile station covered by Section 1207.1.1 that employ Capacitor ESS, Lithium-ion batteries, Ni-MH, or other electrochemical ESS technologies. Permits shall be obtained in accordance with Section 105.5.22.

3.

Operational permits for stationary ESS installations utilizing fifteen or more U.S. gallons of corrosive electrolyte in flooded lead-acid, valve regulated lead-acid batteries or Ni-Cd batteries be obtained in accordance with Section 105.5.22 based on Health Hazard Category 3 liquids.

1207.1.8 Fire Remediation. Where a fire or other event has damaged the ESS and ignition or re-ignition is possible, the system owner, agent or lessee shall take the following actions, at their expense, to mitigate the hazard or remove damaged equipment from the premise to an approved location.

1207.1.8.1 Fire Mitigation Personnel. Where, in the opinion of the fire code official, it is essential for public safety that trained personnel be on-site to respond to possible ignition or re-ignition of a damaged ESS, the system owner, agent or lessee shall within 15 minutes dispatch one or more fire mitigation personnel to the premises, as required, at their expense. Fire mitigation personnel responsible for the preparation of the Decommissioning Plan and in accordance with Section 1207.2.3, shall be approved. The personnel shall remain on duty continuously until the damaged energy storage equipment is removed from the premises and located to an approved location, or earlier if the fire mitigation personnel can demonstrate to the fire code official that the public safety hazard is mitigated. (Material based on NFPA 855 2023)

1207.1.8.3 Responsibility for Unauthorized Discharge. An incident that requires fire remediation shall be treated as an Unauthorized Discharge. The person, firm or corporation responsible for an unauthorized discharge shall institute and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, at no cost to the jurisdiction, in accordance with Section 5003.3.1.5.

1207.1 General. The provisions in this section are applicable to stationary and mobile energy storage systems (ESS). Battery-electric vehicles using technology identified in Table 1207.1.3 and marked with a label complying with 49 CFR 567.4 that certifies compliance with the Federal Motor Vehicle Safety Standards are subject to the Fire Remediation provisions in Section 1207.1.8, including responsibility for an Unauthorized Discharge.

1207.4.7 Toxic and highly toxic gases. ESS that have the potential to release toxic and highly toxic gas during charging, discharging and normal use conditions are prohibited.

1207.5.3. Elevation. Electrochemical ESS shall not be located in the following areas:

1.

Where the floor is located more than 20 feet above the lowest level of fire department vehicle access.

2.

Where the floor is located below the lowest level of exit discharge.

Exceptions:

1.

Lead-acid and nickel-cadmium battery systems less than 50 VAC and 60 VDC. 2.5 remain unchanged.

1207.5.4 Fire detection. An approved automatic smoke detection system or radiant energy sensing fire detection system complying with Section 907.2 shall be installed in rooms, indoor areas and walk-in units containing electrochemical ESS. An approved radiant energy sensing fire detection system shall be installed to protect open parking garage and rooftop installations. Alarm signals from detection systems shall be transmitted to a central station, proprietary or remote station service in accordance with NFPA 72, or where approved to a constantly attended location.

Exception: Lead-acid battery ESS with an electrolyte volume of 50 US gallons or less.

TABLE 1207.6 - ELECTROCHEMICAL ESS TECHNOLOGY SPECIFIC REQUIREMENTS

1207.6.3 Explosion Control. Where required by Table 1207.6 or elsewhere in this code, explosion control complying with Section 911 shall be provided for rooms, areas, ESS cabinets or ESS walk-in units containing electrochemical ESS technologies.

Exceptions:

1.

Provision unchanged.

2.

Provision unchanged.

3.

ESS that eject shrapnel or enclosure pieces during large-scale fire testing complying with Section 12071.5 are prohibited.

4—6.

Provisions unchanged.

1207.6.2.4 Special provisions for Lead-Acid ESS. The requirements of Section 1207.6.2 shall apply only when the aggregate capacity of multiple vessels exceeds 50 gallons or lead-acid and nickel-cadmium battery systems operating at less than 50 VAC and 60 VDC.

1207.6.5 Thermal Runaway Detection System.

1207.6.5.1 When required. A thermal runaway detection system shall be provided for lithium-ion battery storage systems with an energy capacity greater than 20 kWh.

Exception: Group R-3 & R-4 occupancies.

1207.6.5.1 Approvals. Devices designed to detect the thermal runaway of a lithium-ion cell containing a flammable or combustible liquid shall be listed in accordance with UL 2075, Gas and Vapor Detectors and Sensors.

1207.6.5.2 Performance. The thermal runaway detector shall activate upon detection of gas vapors produced by flammable or combustible liquid in a lithium-ion cell at the start of a thermal runaway event. Upon detection of a thermal runaway event the detection system shall shutdown the ESS rack releasing flammable or combustible gas vapors and transmit a supervisory fire alarm signal. Detection of a thermal runaway event shall activate the mechanical ventilation when it is provided as method of explosion control.

Thermal runaway detectors shall operate independently of the ESS Energy Storage Management System.

1207.6.5.3 Annunciation. The thermal runaway detector shall be capable of identifying the ESS rack where thermal runaway occurred.

1207.9.1 Rooftop Installations. For the purpose of Table 1207.9, rooftop ESS are prohibited on the roof of buildings 30 feet or more above the lowest level of fire department vehicle access.

CHAPTER 23 MOTOR FUEL-DISPENSING FACILITIES, REPAIR GARAGES, AND AUTOMOBILE WRECKING YARDS

2301.1 Scope. Automotive motor fuel-dispensing facilities, marine motor fuel-dispensing facilities, fleet vehicle motor fuel-dispensing facilities, automobile wrecking yards, and repair garages shall be in accordance with this chapter and the Building Code, the Plumbing Code, and the Mechanical Code. Such operations shall include both operations that are accessible to the public and private operations.

2304.1 Supervision of dispensing. The dispensing of fuel at motor fuel-dispensing facilities shall be conducted by a qualified attendant who is a Texas Commission on Environmental Quality (TCEQ) certified UST Operator or shall be under the supervision of a qualified attendant who is a TCEQ certified UST Operator at all times or shall be in accordance with Section 2304.3.

2304.2 Attended self-service motor fuel-dispensing facilities. Attended self-service motor fuel-dispensing facilities shall comply with Sections 2304.2.1 through 2304.2.5. Attended self-service motor fuel-dispensing facilities shall have at least one TCEQ certified UST Operator on duty while the facility is open for business. The attendant's primary function shall be to supervise, observe and control the dispensing of fuel. The attendant shall prevent the dispensing of fuel into containers that do not comply with Section 2304.4.1, control sources of ignition, give immediate attention to accidental spills or releases, and be prepared to use fire extinguishers.

2305.1.3 Tank fill connections. Delivery of flammable liquids to tanks shall be made by means of approved liquid- and vapor-tight connections between the delivery hose and tank fill pipe. Where tanks are equipped with any type of vapor recovery system, all connections required to be made for the safe and proper functioning of the particular vapor recovery process shall be made. Such connections shall be made liquid and vapor tight and remain connected throughout the unloading process. Vapors shall not be discharged at grade level during delivery.

2305.2.1 Inspections. Flammable and combustible liquid fuel dispensing and containment equipment shall be inspected at least once every sixty days in accordance with the regulations of the TCEQ in order to verify that it is in proper working order and not subject to leakage.

2305.3 Spill control. Provisions shall be made to prevent liquids spilled during dispensing operations from flowing into buildings or off of the property on which the tank is located. Acceptable methods include, but shall not be limited to, grading driveways, raising doorsills, or other approved means.

2306.7.6.2 Testing. The automatic closing function of automatic closing fuel delivery hose nozzles that dispense Class I, II, and III liquids shall be tested on an annual basis.

SECTION 2312 AUTOMOBILE WRECKING YARDS

2312.1 Scope. Automobile wrecking yards shall comply with this section and the Building Code. Rubbish handling operations are addressed in Chapter 3 (General Requirements).

2312.2 Fire apparatus access roads. Fire apparatus access roads shall be constructed and maintained throughout the site in accordance with Section 503.

2312.3 Welding and cutting. Welding and cutting operations shall be in accordance with Chapter 35 (Welding and Other Hot Work).

2312.4 Housekeeping. Combustible rubbish accumulated on the site shall be collected and stored in approved containers, rooms or vaults of noncombustible materials. Combustible vegetation, cut or uncut, shall be removed when determined by the fire code official to be a fire hazard.

2312.5 Fire protection. Offices, storage buildings and vehicles used for site operations shall each be provided with at least one portable fire extinguisher with a rating of not less than 4-A:40-B:C. When required by the fire code official, additional portable fire extinguishers shall be provided in specific use areas in accordance with NFPA 10.

2312.6 Tires. Tires shall be stored on racks in an approved manner or shall be piled in accordance with Chapter 34 (Tire Rebuilding and Tire Storage).

2312.7 Burning operations. The burning of salvage vehicles and salvage or waste materials shall be in accordance with Chapter 3 (General Requirements) and regulations adopted by the Texas Commission on Environmental Quality.

2312.8 Motor Vehicle fluids and hazardous materials.

2312.8.1 General. The storage, use and handling of motor vehicle fluids and hazardous materials, such as those used to operate air bags and electrical systems, shall be in accordance with Section 2312 (Automobile Wrecking Yards), Section 2311 (Repair Garages), Chapter 50 (Hazardous Materials - General Provisions), and Chapter 57 (Flammable and Combustible Liquids).

2312.8.2 Motor Vehicle Fluids. Motor vehicle fluids shall be drained from salvage vehicles when such fluids are leaking. Storage and handling of motor vehicle fluids shall be done in an approved manner. Flammable and combustible liquids shall be stored and handled in accordance with Section 2311 (Repair Garages), Chapter 50 (Hazardous Materials - General Provisions), and Chapter 57 (Flammable and Combustible Liquids).

2312.8.3 Mitigation for Vehicle Fluid Leaks. Supplies or equipment capable of mitigating leaks from fuel tanks, crankcases, brake systems and transmissions shall be kept available on site. Single-use plugging, diking and absorbent materials shall be disposed of as hazardous waste and removed from the site in a manner approved by federal, state or local requirements.

2312.8.4 Air Bag Systems. Removed air bag systems shall be handled and stored in accordance with Chapter 50 (Hazardous Materials - General Provisions).

2312.8.5 Lead-acid Batteries. Lead-acid batteries shall be removed from salvage vehicles when such batteries are leaking. Lead-acid batteries that have been removed from vehicles shall be stored in an approved manner.

2312.8.6 Container Destruction. Destruction of vehicle containers containing liquids or gases defined as flammable or combustible by this code is prohibited unless the containers are properly drained and the by-product stored or disposed of in accordance with Chapter 50 (Hazardous Materials - General Provisions), are filled with an inert material or purged, and at the time of destruction, have a vapor content less than 25 percent of the by-product's lower explosive limit or an oxygen content of less than 10 percent.

2403.5 Mixing and Blending Area. Mixing, blending, and similar operations involving less than 10 gallons of Class I or Class II liquids, outside of a room approved for inside use, dispensing and mixing in accordance with 5705.3.7, must be performed in an area meeting the following requirements:

1.

All electrical service within 10 feet of the mixing operations must meet the Class I, Division II requirements of the Electrical Code.

2.

Ventilation for the area must be adequate to maintain flammable vapors under 25 percent of the lower explosive limit of the most volatile material in use. A line of site partition of one-hour construction must separate the mixing and blending operations from other spray finishing operations and flammable liquids storage.

2701.4 Existing buildings and existing fabrication areas. Existing buildings and existing fabrication areas shall comply with this chapter.

Exceptions:

1.

Transportation and handling of HPM in corridors and enclosures for stairways and ramps shall be allowed where in compliance with Section 2705.3.2 and the Building Code.

2.

The aggregate quantity of flammable, pyrophoric, toxic and highly toxic gases in a single fabrication area allowed in Table 2704.2.2.1 Footnote d. shall be limited to 9000 cubic feet at NTP.

3103.4 Use periods. Temporary tents, air supported, air-inflated or tensioned membrane structures of any size that are independent of and separated by at least 20 feet (6096 mm) from any building as specified in Section 2403.8.2 shall not be erected for a period of more than 180 days within a 12-month period on a single premises. Temporary tents, air supported, air-inflated or tensioned membrane structures of any size that are in any way attached to or within 20 feet (6096 mm) of a building shall not be issued a permit for a continuous period of more than 30 days or for a total of more than 90 days within a 12-month period on a single premises. Tents, air supported, air-inflated or tensioned membrane structures used for periods exceeding these limits shall be considered buildings or structures regulated by the Building Code and shall be required to be erected under a building permit and obtain a certificate of occupancy.

3103.7.2 Location. Tents or membrane structures shall not be located within 20 feet (6096 mm) of lot lines, buildings, other tents or membrane structures, parked vehicles or internal combustion engines. For the purpose of determining required distances, support ropes and guy wires shall be considered as part of the temporary membrane structure, or tent.

Exceptions:

1.

Separation distance between membrane structures and tents not used for cooking, is not required when the aggregate floor area does not exceed 15,000 square feet (1394 m ² ).

2.

Membrane structures or tents need not be separated from buildings when all of the following conditions are met:

2.1.

The aggregate floor area of the membrane structure or tent shall not exceed 10,000 square feet (929 m ² ).

2.2.

The aggregate floor area and total height of the building and membrane structure or tent shall not exceed the allowable floor area or the allowable height, in stories or feet, including increases as indicated in the Building Code.

2.3.

Required means of egress are provided for both the building and the membrane structure or tent including travel distances.

2.4.

Fire apparatus access roads are provided in accordance with Section 503.

2.5.

Occupant load is, for the purposes of complying with Chapters 9 and 10 of the Building Code and Fire Code, based on the aggregate of the building floor area and the area under the membrane structure or tent.

4104.2 Residential Barbecue Pits and Incinerators. No person may construct, erect, install, maintain or use any incinerator or barbecue pit or burn any combustible material to constitute a fire hazard by the use or burning or to endanger the life or property of any person. Residential barbecue pits, hibachis or other cooking appliances utilizing charcoal, wood or gas as a fuel may not be stored or used on any balconies of residential occupancies, on other combustible balconies, within five feet measured horizontally from any portion of a combustible building, or within fifteen feet measured along the shortest distance if the pit is located below any portion of a combustible building.

Exception: Detached one- and two-family dwellings.

5001.1.2 Purpose. This chapter regulates the handling and storage of hazardous materials in aboveground storage facilities. Underground storage facilities are regulated by City Code Chapter 6-2(Hazardous Materials).

5001.2 Material classification. Hazardous materials are those chemicals or substances defined as such in this code. Definitions of hazardous materials shall apply to all hazardous materials, including those materials regulated elsewhere in this code. Appendix E contains descriptions and examples of materials included in hazard categories.

5001.2.3 Radioactive Materials. Storage of radioactive materials shall be in accordance with the provisions set forth by the Texas Department of State Health Services, Radiation Control Program.

5001.5 Permits. No person, firm, or corporation may store, dispense, use, or handle hazardous materials in more than the quantities named in Section 105.6 unless a valid permit has been issued under this chapter.

When required by the fire code official, permit holders shall apply for approval to permanently close a storage, use or handling facility. Such application shall be submitted at least 30 days prior to the termination of the storage, use or handling of hazardous materials. The fire code official is authorized to require that the application be accompanied by an approved facility closure plan in accordance with Section 5001.6.3.

5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the fire code official, an application for a permit shall include an HMIS, such as Superfund Amendments and Reauthorization Act of 1986 (SARA) Title III, Tier II Report or other approved statement. The HMIS shall include the following information:

1.

manufacturer's name;

2.

chemical names, product or trade names, hazardous ingredients;

3.

United Nations (UN), North America (NA) and the Chemical Abstract Service (CAS) identification number (as applicable and as available);

4.

maximum quantities stored or used on-site at one time, including amounts in use-closed systems and amounts in use-open systems;

5.

location where stored or used;

6.

container sizes; and

7.

hazard classifications including the NFPA 704 rating of each chemical.

5001.7 Permit Procedure. A hazardous materials permit shall be granted after:

1.

The applicant has filed with the fire department a completed hazardous materials permit application, in accordance with Section 5001.5 and this section; and

2.

The applicant has paid the application fee set by separate ordinance.

5001.7.1 Application. A Hazardous Materials Permit Application shall include the following:

1.

general information including the name, address, and telephone number of the facility, the number of employees, hours of operation, and a name and emergency telephone number of the primary emergency contact person;

2.

a storage map, which shall identify the location of hazardous materials storage areas, and access to the materials; and

3.

a Hazardous Materials Inventory Statement (HMIS) in accordance with Section 5001.5.2.

5001.7.1.1 The facility may be omitted from applications when, in the opinion of the fire code official, the plan will not provide additional information necessary to prevent an actual or potential hazard to the public health, safety, or welfare (including the health, safety, or welfare of firefighters) or to facilitate the fire department's response in the event of an emergency involving hazardous materials at the facility.

5001.7.2 Permit Required. No person, firm, or corporation may install, repair, abandon, remove, place temporarily out of service, close, or substantially modify a storage facility or other area required to be permitted under this chapter without a permit. Section 5001.6.3 also applies.

Exceptions:

1.

Routine maintenance.

2.

For emergency repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work.

3.

Businesses with an annual permit through the Development Services Department may perform work in accordance with the provisions of the Building Code and rules governing the facilities.

Permit holders shall apply for approval to close bulk storage, use, or handling facility at least 30 days before the termination of the storage, use, or handling of hazardous materials. The applicant shall include any change or alteration of the facility closure plan filed under Section 5001.6.3 of this chapter. This 30 day period may be waived by the fire code official.

5001.7.3 Permit Effective Date. The fire department shall grant or deny a permit application no later than 60 days after receipt of the completed application. The fire department will provide written confirmation to the applicant demonstrating receipt of the application within 30 days of receipt of the application. If the department fails to grant or deny the permit within 60 days, the permit is considered to be issued and in effect. The fire department may inspect the business for satisfactory storage and use of hazardous materials. The operation of a facility under a permit issued before inspection constitutes the permission of the facility owner/operator for the fire code official to enter on the facility for the purpose of conducting the required inspection. Refusal to allow the inspection shall constitute a prima facie cause to revoke the permit under Section 105.5.22.

5001.7.4 Permit Term and Renewal. A permit is granted for a term of three years from the date of issuance. Permits may be renewed every three years on the anniversary of permit issuance. At the discretion of the firecode official, a permit may be issued for a shorter period. The fee assessed for the permits shall be prorated for the appropriate time. If a permit is issued for a shorter period at the request of the applicant, an additional handling fee may be assessed, not to exceed the actual cost of clerical processing time.

5001.7.5 Annexation Procedure. A facility brought under regulation by this chapter through annexation shall file a permit application with the fire department no later than 90 days after the effective date of annexation. The fire department shall grant or deny a permit application submitted under this subsection no later than six months after receipt of the completed application. If the fire department fails to grant or deny the permit within the period, the permit is considered to be issued and in effect.

5001.7.6 Permit Denial. If the fire department denies a permit, the fire department shall notify the applicant in writing of the action. The notification must include a statement of the fire department's reasons for the action.

5001.7.7 Transfer. A permit may be transferred to a new owner or operator of a business at the same location if the new owner or operator by letter to the fire department accepts responsibility for all obligations under this chapter at the time of the transfer of the business. All permit transfers are subject to the approval of the fire code official.

5001.7.8 Fees. No permit may be granted, renewed or continued in effect until the fee set by separate ordinance has been paid. The fee shall be paid at the time an application is filed.

5001.7.9 Amendment. Any information required to be submitted by this chapter shall be amended or supplemented no later than 30 days after the occurrence of an event that would render the information inaccurate. Unless the change(s) would affect the ability of emergency response personnel to safely respond to an emergency, an amendment or supplement is not required to record:

1.

minor changes in the quantities of hazardous materials stored;

2.

the temporary storage of hazardous materials at the facility; or

3.

a temporary change of hazardous materials storage location.

5002.1 Supplemental Definitions. The definitions in the 2024 International Fire Code are adopted as published except that supplemental definitions are added or amended. The following supplemental definitions are defined in Section 202.1.1. For the purposes of this chapter and as used elsewhere in this code, these definitions shall have the meanings shown in Section 202.1.1.

PERMANENT STORAGE.

PERMIT.

PROCESS VESSEL.

TABLE 5003.1.1(5)
HAZARDOUS MATERIALS EXEMPTIONS

5003.2.2.3 Emergency isolation. Where gases or liquids having a hazard ranking of Health Class 3 or 4, Flammability Class 4 or Instability Class 3 or 4 in accordance with NFPA 704 are carried in pressurized piping above 15 pounds per square inch gauge (psig) (103 kPa), an approved means of leak detection and emergency shutoff or excess flow control shall be provided. Where the piping originates from within a hazardous material storage room or area, the excess flow control shall be located within the storage room or area. Where the piping originates from a bulk source, the excess flow control shall be located as close to the bulk source as practical.

Exceptions:

1.

Piping for inlet connections designed to prevent backflow.

2.

Piping for pressure relief devices.

5003.2.4.3 Indoor Tank Filling. Aboveground stationary tanks used for the indoor storage of hazardous materials shall be filled using one of the liquid transfer methods in Section 5005.1.10. The transfer of hazardous materials to indoor stationary tanks from tank vehicles shall be done from a liquid tight remote fill connection located outdoors. Fill connections shall be not more than five feet above the finished ground level, in an approved location in close proximity to the parked delivery vehicle. Connections shall be five feet away from building openings. Such connections shall be closed and liquid tight when not in use and shall be properly identified.

5003.3.1.4 Responsibility for cleanup. The person, firm or corporation responsible for an unauthorized discharge shall institute and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, at no cost to the jurisdiction. When deemed necessary by the fire code official, cleanup may be initiated by the fire department or by an authorized individual or firm. Costs associated with such cleanup shall be borne by the owner, operator or other person responsible for the unauthorized discharge. Such costs shall include but shall not be limited to:

1.

chemical absorbent or adsorbent materials;

2.

chemical neutralizers;

3.

chemical resistant suits, gloves, or boots;

4.

chemical containment drums;

5.

vapor suppression foams;

6.

containment tools;

7.

chemical detection devices; and

8.

personnel costs for incident related overtime activities.

5003.9.8 Separation of incompatible materials. Incompatible materials in storage and storage of materials that are incompatible with materials in use shall be separated when the stored materials are in containers having a capacity of more than five pounds (2 kg) or 0.5 gallon (2 L). Separation shall be accomplished by:

1.

Segregating incompatible materials in storage by a distance of not less than 20 feet (6096 mm).

Exception: Segregation of less than exempt amounts of corrosive and oxidizing materials, when such materials are necessary to maintain swimming pools for Group R occupancies, may be accomplished by a minimum separation of five feet (1524 mm).

2.

Isolating incompatible materials in storage by a noncombustible partition extending not less than 18 inches (457 mm) above and to the sides of the stored material.

3.

Storing liquid and solid materials in hazardous material storage cabinets.

4.

Storing compressed gases in gas cabinets or exhausted enclosures in accordance with Sections 5003.8.5 and 5003.8.6. Materials that are incompatible shall not be stored within the same cabinet or exhausted enclosure.

5003.13.2 Maximum allowable quantity per rooftop or canopy. The storage, use and handling of hazardous materials on top of a roof or canopy shall not exceed the maximum allowable quantity set forth in Tables 5003.1.1(1) and 5003.1.1(2). LP-gas storage and use shall be in accordance with Chapter 61.

Exceptions:

1.

Pollution control, exhaust treatment and dust collection equipment when approved.

2.

Hydrogen storage at motor fuel-dispensing facilities in accordance with Chapter 23.

3.

Hazardous materials in closed piping systems complying with this code.

4.

Hazardous materials on top of a normally unoccupied exterior equipment platforms necessary for the operation of mechanical systems or industrial process equipment when approved.

5.

Hazardous materials necessary for rooftop swimming pool or hot tub treatment systems, limited to a maximum container size of 50 gallons (189 L) or 500 lbs (227 kg) of toxic or corrosive materials, and 200 pounds (91 kg) or 20 gallons (76 L) of oxidizers.

6.

Other situations where rooftop storage or use of hazardous materials is necessary for the operation of equipment serving the building and is approved.

5004.2 Spill control and secondary containment for liquid and solid hazardous materials. Tanks, rooms, buildings or areas used for the storage of liquid or solid hazardous materials shall be provided with spill control and secondary containment in accordance with Sections 5004.2.1 through 5004.2.3.

Exceptions:

1.

Outdoor storage of containers on approved containment pallets in accordance with Section 5004.2.3.

2.

Liquids that are a gas at NTP.

5004.2.1 Spill control for hazardous material liquids. Tanks, rooms, buildings or areas used for the storage of hazardous material liquids in excess of the lesser of the maximum allowable quantities established by Tables 5003.1.1(1) and 5003.1.1(2) or limits specifically set in Chapters 51 through 67 shall be provided with spill control to prevent the flow of liquids to adjoining areas. Floors in indoor locations and similar surfaces in outdoor locations shall be constructed to contain a spill from the largest single vessel by one of the following methods:

1.

Liquid-tight sloped or recessed floors in indoor locations or similar areas in outdoor locations.

2.

Liquid-tight floors in indoor locations or similar areas in outdoor locations provided with liquid-tight raised or recessed sills or dikes.

3.

Sumps and collection systems.

4.

Other approved engineered systems.

Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be constructed of noncombustible material, and the liquid-tight seal shall be compatible with the material stored. When liquid-tight sills or dikes are provided, they are not required at perimeter openings having an open-grate trench across the opening that connects to an approved collection system.

5004.2.2 Secondary containment for hazardous material liquids and solids. Where required by Table 5004.2.2 tanks, buildings, rooms or areas used for the storage of hazardous materials liquids or solids shall be provided with secondary containment in accordance with this section when the quantity of materials exceeds the maximum allowable quantity as established by Tables 5003.1.1(1) and 5003.1.1(2) or limits specifically set in Chapters 51 through 67.

5004.2.2.1 Containment and drainage methods. The tank, building, room or area shall contain or drain the hazardous materials and fire protection water through the use of one of the following methods:

1.

Liquid-tight sloped or recessed floors in indoor locations or similar areas in outdoor locations.

2.

Liquid-tight floors in indoor locations or similar areas in outdoor locations provided with liquid-tight raised or recessed sills or dikes.

3.

Sumps and collection systems.

4.

Drainage systems leading to an approved location.

5.

Other approved engineered systems.

5004.2.2.2 Incompatible materials. Incompatible materials used in open systems shall be separated from each other in the secondary containment system. Incompatible materials are allowed to be combined when they have been rendered acceptable by an approved means for discharge into the public sewer.

5004.2.2.5 Monitoring. An approved monitoring method shall be provided to detect hazardous materials in the secondary containment system. The monitoring method is allowed to be visual inspection of the primary or secondary containment, or other approved means. Where secondary containment is subject to the intrusion of water, a monitoring method for detecting water shall be provided. Where monitoring devices are provided, they shall be connected to an approved visual or audible alarm.

Leak-detecting devices must be tested annually by the owner or occupant of the property on which the devices are located. Test results shall be maintained on the premises and be available to the fire-code official on request.

5004.2.2.6 Drainage system design. Drainage systems shall be in accordance with the Plumbing Code and all of the following:

1.

The slope of floors to drains in indoor locations, or similar areas in outdoor locations shall not be less than one percent.

2.

Drains from indoor storage areas shall be sized to carry the volume of the fire protection water as determined by the design density discharged from the automatic fire-extinguishing system over the minimum required system design area or area of the room or area in which the storage is located, whichever is smaller.

3.

Drains from outdoor storage areas shall be sized to carry the volume of the fire flow and the volume of a 24-hour rainfall as determined by a 25-year storm.

4.

Materials of construction for drainage systems shall be compatible with the materials stored.

5.

Incompatible materials used in open systems shall be separated from each other in the drainage system. Incompatible materials are allowed to be combined when they have been rendered acceptable by an approved means for discharge into the public sewer.

6.

Drains, including overflow from secondary containment, shall terminate in an approved location away from buildings, valves, means of egress, fire access roadways, adjoining property storm drains, waterways and critical environmental features (CEF's). Tanks shall be set back at 150 feet (45,720 mm) from any recognized waterway or CEF.

5005.1.8.1 Gas cabinets, exhausted enclosures, and exhaust ducts with a cross sectional dimension of 10 inches or greater shall be internally sprinklered.

5306.2 Interior supply location. Medical gases shall be stored in areas dedicated to the storage of such gases without other storage or uses. Where containers of medical gases in quantities greater than 300 ft ³ (8.5 m ³ ) and less than 1500 ft ³ (42.5 m ³ ) are located inside buildings, they shall be in a one-hour exterior room, a one-hour interior room or a gas cabinet in accordance with Section 5306.2.1, 5306.2.2, or 5306.2.3, respectively. Where containers of medical gases in excess of 1500 ft ³ (42.5 m ³ ) and less than 3,000 ft ³ (85 m ³ ) are located inside a building, they shall be protected by a local application fire sprinkler system in addition to the room or cabinet enclosure required by 5306.2.1, 5306.2.2 or 5306.2.3. Rooms or areas where medical gases are stored or used in quantities exceeding 3000 ft ³ (85 m ³ ) per control area shall be in accordance with the Building Code for high-hazard Group H occupancies.

5306.2.1 One-hour exterior rooms. A one-hour exterior room shall be a room or enclosure separated from the remainder of the building by fire barriers constructed in accordance with Section 707 of the Building Code or horizontal assemblies constructed in accordance with Section 711 of the Building Code, or both, with a fire-resistance rating of not less than one hour. Openings between the room or enclosure and interior spaces shall be self-closing smoke- and draft-control assemblies having a fire protection rating of not less than one hour. Rooms shall have at least one exterior wall that is provided with at least two vents. Each vent shall not be less than 72 square inches (0.046 m ² ) in area. One vent shall be within 12 inches (304.8 mm) of the floor and one shall be within 12 inches (304.8 mm) of the ceiling. Rooms containing medical gases in excess of 1,500 ft ³ (42.5 m ³ ) and less than 3,000 ft ³ (85 m ³ ) shall be provided with at least one local application automatic sprinkler to provide container cooling in case of fire.

5306.2.2 One-hour interior room. When an exterior wall cannot be provided for the room, the room shall be exhausted through a duct to the exterior. Supply and exhaust ducts shall be enclosed in a one-hour-rated shaft enclosure from the room to the exterior. Approved mechanical ventilation shall comply with the Mechanical Code and be provided at a minimum rate of one cubic foot per minute per square foot [0.00508 m ³ /(s × m ² )] of the area of the room. Rooms containing medical gases in excess of 1500 ft ³ (42.5 m ³ ) and less than 3,000 ft ³ (85 m ³ ) shall be provided with at least one local application automatic sprinkler to provide container cooling in case of fire.

5306.2.3 Gas cabinets. Gas cabinets shall be constructed in accordance with Section 5003.8.6 and the following:

1.

The average velocity of ventilation at the face of access ports or windows shall not be less than 200 feet per minute (61 m/s) with a minimum of 150 feet per minute (46 m/s) at any point of the access port or window.

2.

Connected to a ducted exhaust system with exhaust ducts enclosed in a one-hour shaft enclosure to the exterior.

3.

Internally sprinklered when the quantity of medical gases exceeds 1500 ft ³ (42.5 m ³ ).

5306.3 Exterior supply locations. Oxidizer medical gas systems located on the exterior of a building shall be located in accordance with Section 6304.2.1.

5404.2 Outdoor storage. Outdoor storage of corrosive materials shall be in accordance with Sections 5001, 5003, 5004 and this chapter.

Exception: Up to 10 gallons of corrosive liquids may be stored outside of buildings without spill control, drainage, and secondary containment provided:

1.

The volume of individual containers is less than five gallons;

2.

The containers are constructed of metal or plastic; and

3.

The containers are located a minimum of 10 feet from property lines, exit openings, and storm water drains.

5404.2.1 Above-ground outside storage tanks. Above-ground outside storage tanks of corrosive liquids shall be provided with secondary containment in accordance with Section 5004.2.2.

5504.3.1.1 Stationary Containers. Stationary containers shall be separated from exposure hazards in accordance with the provisions applicable to the type of fluid contained and the minimum separation distance indicated in Table 5504.3.1.1. Storage of flammable cryogenic fluids, including liquefied natural gas (LNG), in aggregate quantities exceeding 15,000 gallon (56,781 L) water capacity is prohibited outside of a light industry (LI) zoning district except as provided in this section.

The placement of aboveground or below ground containers of flammable cryogenic fluids, including liquefied natural gas (LNG), in aggregate quantities exceeding 15,000 gallon water (56,781 L) capacity may be considered for other locations on a case-by-case basis provided zoning issues, secondary containment, and fire exposures are satisfactorily addressed including the identification of hazard ratings in accordance with Appendix F. Where the nearest off-site exposure(s) is (are) less than 500 feet (152.4 m) from the container(s) the placement may be permitted outside of a light industry (LI) zoning district by the fire code official only after notification of owners/occupants of properties within 500 feet (152.4 m), requesting their input in order to assess the potential effect on the community. Notice to adjacent property owners shall be accomplished in accordance with the established procedures outlined in the Title 25(Land Development) for notice of applications and administrative actions or decisions.

5601.2.4 Financial responsibility. Before a permit is issued, the applicant shall submit proof of a public liability insurance policy, in the principal sum of $5,000,000 for personal injuries and $5,000,000 for property damage. The policy shall be current and shall name the City as an additional insured for the purpose of the payment of all damages to persons or property that arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results. The fire code official is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of use indicate a greater or lesser amount is required. Government entities shall be exempt from this bond requirement.

Exception: The insurance requirements for fireworks and pyrotechnics are as follows:

• Aerial displays must carry a Certificate of Insurance for a minimum of $1,000,000 (bodily injury) and $500,000 (property damage).

• Non-aerial displays must carry a Certificate of Insurance for a minimum of $500,000 (bodily injury) and $300,000 (property damage). The City of Austin must be named as co-insured on the policy.

• The fire code official is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of use indicate a greater or lesser amount is required.

5601.2.4.1 Blasting. Before approval to do blasting is issued, the applicant for approval shall submit a certificate of insurance in such form, amount and coverage as determined by the legal department of the jurisdiction to be adequate in each case to indemnify the jurisdiction against any and all damages arising from permitted blasting.

5601.2.4.2 Fireworks display.

The permit holder shall furnish a certificate of insurance in an amount deemed adequate by the fire code official for the payment of all potential damages to a person or persons or to property by reason of the permitted display, and arising from any acts of the permit holder, the agent, employees or subcontractors.

5601.2.5 Permit application, review and fees. Blasting permit application, review and fees shall be in accordance with Sections 5601.2.5.1, 56012.5.2 and 5601.2.5.3.

5601.2.5.1 Permit application. To obtain a permit, the blaster must file with the fire code official an application at least 120 days in advance of the proposed work date. Each application must describe the proposed work, the location of the work, and the other pertinent information as may be required.

5601.2.5.2 Permit review. The fire code official may require written comments on each permit application from the various affected City departments. When in the opinion of the fire code official the departments have a valid objection to the issuance of a permit, no permit may be approved until the objection has been resolved to the satisfaction of the fire code official.

5601.2.5.3 Permit Fees. Permits authorized by the provisions of Section 5601.2.5 may be issued only on payment of the appropriate fee, which is set by separate ordinance. City departments are not required to pay permit fees when engaged in the work described in this section.

5601.2.6 Permit Denial. When in the opinion of the fire code official there is a substantial danger to life, health, or property in the immediate area exposed to the blasting, fireworks display or use of pyrotechnic materials for which a permit is being requested, the request shall be denied.

5601.4 Qualifications. Persons in charge of magazines, blasting, fireworks display, or pyrotechnic special effect operations shall not be under the influence of alcohol or drugs that impair sensory or motor skills, shall not be less than 21 years of age and shall demonstrate knowledge of all safety precautions related to the storage, handling or use of explosives, explosive materials or fireworks. Persons actively involved in or responsible for blasting, fireworks displays, or the production of pyrotechnic special effects or displays shall meet all applicable federal, state and local license requirements for the work or activity being performed. Persons actively involved in blasting must also meet the following:

1.

have no felony convictions or two or more misdemeanors within two years preceding the date of application for a permit, containing intoxication as an element of the offense; and

2.

have no revoked, suspended, or terminated blaster's license, or any criminal action involving blasting activities pending in a federal, state, or municipal court of law.

5607.4 Restricted hours. Surface-blasting operations shall only be conducted during daylight hours between sunrise and sunset. Other blasting shall be performed during daylight hours unless otherwise approved by the fire code official. Prior written approval is required for blasting to be conducted on Sunday, legal holidays, or between the hours of 5:00 p.m. and 8:00 a.m. on other days.

5607.5 Notification. All blasting operations must be preceded by a pre-blast notification to the owners or managers of all affected premises. The range of the pre-blast notification shall be at the discretion of the blaster and as required by the permit. Where blasting is being conducted in the vicinity of utility lines or rights-of-way, the blaster shall notify the appropriate representatives of the Austin Utility Location and Coordination Committee and the Transportation Public Works Department not less than 120 days in advance of blasting, specifying the location and intended time of such blasting. Verbal notices shall be confirmed with written notice.

Exception: In an emergency situation, the time limit shall not apply where approved.

5607.11.1 Approved blasting machines must be used. All other equipment is prohibited.

5607.12.1 Only blasting trunk wire of 18 gauge minimum may be used while conducting blasting operations under permits.

5607.14 Post-blast procedures. After the blast, the following procedures shall be observed:

1.

Persons shall not return to the blast area until allowed to do so by the fire code official upon a recommendation from the blaster in charge.

2.

The blaster shall allow sufficient time for smoke and fumes to dissipate and for dust to settle before returning to or approaching the blast area.

3.

The blaster shall inspect the entire blast site for misfires before allowing other personnel to return to the blast area.

5607.16 Particle velocity limits and air overpressures. Particle velocities and air overpressures shall be in accordance with this section and Chapter 11 of NFPA 495. Particle velocities, frequencies, or air overpressure in excess of the prescribed limits shall require the immediate suspension of blasting and initiation of corrective measures. The fire code official may grant or require deviations from these limits as required to adequately protect the public safety.

5607.16.1 Particle velocity. Particle velocities shall not exceed 1.7 inches per second. Monitoring of particle velocities for all blasting operations shall be carried out as required in this section. When particle velocities exceed 0.5 inches per second, blast frequencies shall also be monitored.

56067.16.2 Air overpressures. Air overpressures shall not exceed the value specified in Chapter 11 of NFPA 495.

5607.17 Blast Monitoring. A blast monitor, such as a seismic blast recording machine, is required during all blasting operations for which a permit is issued by the City. Particle velocity shall be recorded in three mutually perpendicular axes. The maximum particle velocity shall be the maximum of any of the three axes. Blast monitoring shall be performed by an independent company, experienced in planning and implementing blast monitoring programs. The blast monitoring company shall prepare monitoring plans and shall be responsible for ensuring that the monitor sensors are placed properly and that the measuring and recording instruments function properly. The monitoring company shall prepare blast monitoring reports. All monitoring reports shall carry the seal of an engineer licensed in the State of Texas and shall be retained on file by the permit holder. These reports shall be submitted to the fire department.

Exception: When, in the opinion of the fire code official, the damage to structures or buildings due to blasting operations is unlikely, the requirements of this subsection may be waived.

5607.18 Conditions of Approval. The fire code official shall set other conditions for the approval of the application that are necessary to adequately protect public health and safety. These conditions may include, but are not limited to, reduced allowable particle velocities, reduced allowable air overpressure, additional monitoring, increased insurance protection, hours of operation, type and amount of explosives used, evacuations or shelter-in-place for occupants in adjacent structures, and engineered blasting plans.

5703.4 Spill Control, Drainage Control, and Secondary Containment.

5703.4.1 General. Tanks, buildings, rooms, and areas used for storage, dispensing, use, mixing, or handling of Class I, II, and III-A liquids shall be provided with a means to control spillage and to contain or drain spillage and fire protection water as set forth in Section 5004.2.

Exception: Up to 10 gallons of Class I, II, and III liquids may be stored outside of buildings without spill control, drainage, and secondary containment, provided:

1.

The volume of individual containers is less than 5 gallons;

2.

The containers are constructed of metal or plastic; and,

3.

The containers are located a minimum of 10 feet from property lines, exit openings, and storm water drains.

5703.4.2 Spill Control. When spill control is required, floors of rooms, buildings or areas containing flammable or combustible liquids must be sloped; constructed with sumps and collection systems; recessed a minimum of four inches (101.6 mm); provided with a liquid-tight, raised sill to a minimum height of four inches (101.6 mm) to prevent the flow of liquids to adjoining areas; or otherwise constructed to contain a spill from the largest single container or tank. The floor and sill must be constructed of noncombustible material and must be liquid-tight. The liquid-tight seal must be compatible with the material being stored. When raised sills are provided, they are not required at perimeter openings that are provided with an open-grate trench across the opening that connects to an approved drainage control system.

5703.4.3 Drainage Control.

5703.4.3.1 General. When drainage control is required, rooms, buildings or areas must be provided with a drainage system to direct the flow of liquids to an approved location or treatment system, or be provided with secondary containment for the flammable and combustible liquids and fire protection water.

5703.4.3.2 Sizing. Drains shall be sized to carry the sprinkler system design flow rate over the sprinkler system design area. The slope of drains may not be less than one percent. The drains must be liquid-tight. Materials used to construct drainage systems must be compatible with the stored materials.

5703.4.3.3 Incompatible Materials. Incompatible materials must be separated from each other in drainage systems.

Exception: Incompatible materials are allowed to be combined when they have been rendered acceptable for discharge by an approved means into the public sewer.

5703.4.3.4 Neutralizers and Treatment Systems. Drainage systems for spillage and fire-protection water which are directed to a neutralizer or treatment system shall comply with the following:

1.

The system must be designed to handle the maximum worst-case spill from the single largest container plus the volume of fire protection water from the system over the minimum design area for a water flow duration of 20 minutes; and

2.

Overflow control from the neutralizer or treatment system must direct liquid leakage and fire protection water to a safe location away from buildings, material, or fire-protection control valves, means of egress, adjoining properties or fire apparatus access roadways.

5703.4.4 Secondary Containment. When secondary containment is required:

1.

Drains must be directed to a containment system or other location designed as secondary containment for flammable or combustible liquids and fire-protection water; or

2.

The room, building or area must be designed to provide secondary containment of flammable and combustible liquids and fire-protection water through the use of recessed floors or liquid-tight, raised sills.

5703.4.4.1 Sizing of Indoor Containment. Secondary containment must be designed to retain the spill from the largest single container plus the design flow rate of the sprinkler system for the area of the room or area in which the storage is located or the sprinkler system design area, whichever is smaller. The containment capacity must be capable of containing the water flow from a discharge having a duration of 20 minutes.

5703.4.4.2 Sizing of Outdoor Containment. If the storage area is open to rainfall, the secondary containment shall be designed to accommodate the volume of the largest container or tank plus a 24-hour rainfall as determined by a 25-year storm data from NOAA.

Exception: Listed tanks constructed with an integral method of secondary containment.

5703.4.4.3 Construction of Secondary Containment. The floor and walls of the secondary containment must be constructed of noncombustible material and must be liquid-tight. The liquid-tight seal must be compatible with the material being stored. In addition to these requirements, walls must be constructed in accordance with Section 5004.2.

5703.4.4.4 Overflow. Overflow control from the secondary containment system must direct liquid leakage and fire-protection water to a safe location away from buildings, material or fire-protection control valves, means of egress, fire apparatus access roadways, adjoining properties, storm drains, waterways, and critical environmental features (CEFs). Tanks shall be set back at least 150 feet from any recognized waterway or CEF.

5703.4.4.5 Monitoring and Leak Detection.

5703.4.4.5.1 Method. A monitoring method capable of detecting hazardous material leakage from the primary containment into the secondary containment must be provided. When visual inspection of the primary containment is not practical, other approved means of monitoring are allowed. When double walled tanks are used to provide secondary containment for Class I and II liquids, automatic leak detection devices must be provided. When secondary containment is subject to the intrusion of water, a monitoring method for detecting the water must be provided. When monitoring devices are provided, they must be connected to distinct visual or audible alarms.

5703.4.4.5.2 Testing. Leak-detecting devices shall be tested annually by the owner or occupant of the property on which they were located. Test results shall be maintained on the premises and available to the fire code official on request.

5704.2.9.6.1 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited outside of a major industry (MI) district.

Exceptions:

1.

The storage of up to 12,000 gallons (45,425 L) of Class I and II liquids within the limits defined as Light Industrial is allowable provided the tank is listed and labeled "protected aboveground tank", and is installed in accordance with Section 5704.2.9.7 and its listing. The product shall be a noncorrosive, nonreactive liquid having a specific gravity equal to or less than one.

2.

The storage of up to 1,100 gallons (4,164 L) of Class I and II liquids at construction sites is allowed provided the tank is listed, labeled, and installed in accordance with its listing.

3.

The placement of aboveground storage tanks at other locations or of greater capacity may be considered on a case-by-case basis provided zoning issues, secondary containment, and fire exposures are satisfactorily addressed. The placement of aboveground tanks of Class I and II liquids in aggregate quantities exceeding 12,000 gallons (45,425 L) water capacity, where the nearest off-site exposure(s) is (are) less than 500 feet (152.4 m) from the tank(s), may be permitted by the fire code official only after notification of owners/occupants of properties within 500 feet (152.4 m) requesting their input in order to assess the potential effect on the community. Notice to adjacent property owners shall be accomplished in accordance with the established procedures outlined in the Title 25(Land Development) for notice of applications and administrative actions or decisions.

5704.2.10 Drainage and diking. The area surrounding a tank or group of tanks shall be provided with drainage control or shall be diked to prevent accidental discharge of liquid from endangering adjacent tanks, adjoining property, reaching waterways, or CEF's.

Exceptions:

1.

For tank installations having an aggregate volume of less than 50,000 gallons, the fire code official is authorized to alter or waive these requirements based on a technical report which demonstrates that such tank or group of tanks does not constitute a hazard to other tanks, waterways, CEF's, or adjoining property, after consideration of special features such as topographical conditions, nature of occupancy and proximity to buildings on the same or adjacent property, capacity, and construction of proposed tanks and character of liquids to be stored, and nature and quantity of private and public fire protection provided.

2.

Drainage control and diking is not required for listed secondary containment tanks.

5704.2.10.1 Volumetric capacity. The volumetric capacity of the diked area shall not be less than the greatest amount of liquid that can be released from the largest tank within the diked area plus a 24-hour rainfall as determined by a 25-year storm data from NOAA. The capacity of the diked area enclosing more than one tank shall be calculated by deducting the volume of the tanks other than the largest tank below the height of the dike.

5704.2.11.1 Location. Flammable and combustible liquid storage tanks located underground shall be in accordance with all of the following:

1.

Tanks shall be located with respect to existing foundations and supports such that the loads carried by the latter cannot be transmitted to any portion of the area excavated for the installation of the tank.

2.

The distance from any part of an excavated area intended for the installation of a tank for storing liquids to the nearest wall of a basement, pit, cellar, or lot line shall not be less than five feet (1523 mm).

3.

A minimum distance of two feet (610 mm), shell to shell, shall be maintained between underground tanks.

5704.2.11.2 Depth and cover. Excavation for underground storage tanks shall be made with due care to avoid undermining of foundations of existing structures. Underground tanks shall be set on firm foundations and surrounded with at least two feet (610 mm) of noncorrosive inert material, such as clean sand or pea gravel well tamped in place or in accordance with the manufacturer's installation instructions. Tanks shall be covered with a minimum of two feet (610 mm) of earth or shall be covered by not less than one foot (305 mm) of earth, on top of which shall be placed a slab of reinforced concrete not less than four inches (102 mm) thick.

When underground tanks are, or are likely to be, subjected to traffic, they shall be protected against damage from vehicles passing over them by at least three feet (915 mm) of earth cover, or 18 inches (457 mm) of well-tamped earth plus six inches (152 mm) of reinforced concrete, or eight inches (203 mm) of asphaltic concrete. When asphaltic or reinforced concrete paving is used as part of the protection, it shall extend at least two feet (610 mm) horizontally beyond the outline of the tank in all directions.

For tanks built in accordance with Section 5704.2.7, the burial depth and the height of the vent line shall be such that the static head imposed at the bottom of the tank will not exceed 10 psig (68.9 kPa) if the fill or vent pipe is filled with liquid.

If the depth of cover exceeds seven feet (2134 mm) or the manufacturer's specifications, reinforcements shall be provided in accordance with the tank manufacturer's recommendations.

Nonmetallic underground tanks shall be installed in accordance with the manufacturer's instructions. The minimum depth of cover shall be as specified above in this section.

5704.2.11.4.1 Inventory control. Daily inventory records shall be maintained for underground storage tank systems. Fill and withdrawal amounts shall be reconciled monthly.

5803.1.1 Special limitations for indoor storage and use. Flammable gases shall not be stored or used in Group A, E, I or R occupancies or in offices in Group B occupancies.

Exceptions:

1.

Cylinders of nonliquefied compressed gases not exceeding a capacity of 250 cubic feet (7.08 m ³ ) or liquefied gases not exceeding a capacity of 40 pounds (18 kg) each at normal temperature and pressure (NTP) used for maintenance purposes, patient care or operation of equipment.

2.

Food service operations in accordance with Section 6103.2.1.7.

6101.2 Permits. The requirements in this chapter for permits to store or use hazardous materials within the City are applicable to a permit to store, use, handle, or dispense LP-gas, or to install or maintain an LP-gas container.

Permits shall be required as set forth in Section 105.6. As noted in Section 105.6.21.7 of these amendments, a permit is not required for non-commercial use at a single family residence. However, the information concerning location and exposures, as outlined in the Fire Protection Criteria Manual, shall be provided to the fire department by the owner of the residence.

Where a single container is over 2,000 gallon (7571 L) or the aggregate capacity of containers is over 4,000 gallon (15,142 L) water capacity, the installer shall submit plans for the installation.

Distributors shall not fill an LP-gas container for which a permit is required unless a permit for installation has been issued for that location by the fire code official.

6103.2.1.2 Construction and temporary heating. Portable LP-gas containers are allowed to be used in buildings or areas of buildings undergoing construction or for temporary heating as set forth in Sections 6.23.4, 6.23.5 and 6.23.8 of NFPA 58.

6103.2.2 Industrial vehicles and floor maintenance machines. LP-gas containers on industrial vehicles and floor maintenance machines shall comply with Sections 11.11 and 11.12 of NFPA 58.

6104.2 Maximum capacity within established limits. The storage of LP-gas in aggregate quantities greater than 2000 gallons (7571 L) water capacity is not permitted within the city. The storage of LP-gas in aboveground or below ground containers, greater than 24 gallons (91 L) water capacity and up to a maximum of 2000 gallons (7571 L) water capacity, is prohibited outside of Major Industry (MI) or Light Industry (LI) districts. Location of containers within a Light Industry zoning district may be approved by the fire code official, subject to zoning and fire exposure concerns being satisfactorily addressed.

Exceptions:

The fire code official may approve the placement of aboveground or below ground containers for single family residential, multi-family residential or commercial occupancies on a case-by-case basis, provided the container and appurtenances are listed and installed in accordance with that listing, and issues such as zoning and fire exposures are satisfactorily addressed. Guidance for evaluating locations for acceptability is published in the Fire Protection Criteria Manual.

and

Where the nearest off-site exposure(s) is(are) less than 1,000 feet (304.8 m) from the tank(s), the fire code official may approve the placement of aboveground or below ground containers of LP-gas in aggregate quantities exceeding 2000-gallon water capacity only after notification of owners/occupants within 1,000 feet (304.8 m) of the tank(s) to assess the potential effect on the community. Notice to adjacent property owners and occupants shall be accomplished in accordance with the established procedures outlined in the Title 25(Land Development) for notice of applications and administrative actions or decisions, with the exception that notice shall be made to a distance of 1000 feet (304.8 m).

6104.3.2 Special hazards. LP-gas containers shall also be located with respect to special hazards including, but not limited to, above-ground flammable or combustible liquid tanks, oxygen or gaseous hydrogen containers, flooding or electric power lines as specified in Sections 6.4 and 6.5 of NFPA 58.

6104.4 Multiple LP-gas container installations. Multiple LP-gas container installations with a total water storage capacity of more than 180,000 gallons (681 300 L) [150,000-gallon (567 750 L) LP-gas capacity] shall be subdivided into groups containing not more than 180,000 gallons (681 300 L) in each group. Such groups shall be separated by a distance of not less than 50 feet (15 240 mm), unless the containers are protected in accordance with one of the following:

1.

Mounded in an approved manner.

2.

Protected with approved insulation on areas that are subject to impingement of ignited gas from pipelines or other leakage.

3.

Protected by firewalls of approved construction.

4.

Protected by an approved system for application of water as specified in Table 6.5.1.2 of NFPA 58.

5.

Protected by other approved means.

Where one of these forms of protection is provided, the separation shall not be less than 25 feet (7620 mm) between LP-gas container groups.

6107.2 Smoking and other sources of ignition. "No Smoking" signs complying with Section 310 shall be posted when required by the fire code official. Smoking within 25 feet (7620 mm) of a point of transfer, while filling operations are in progress at LP-gas containers or vehicles, shall be prohibited.

Control of other sources of ignition shall comply with Chapter 3 of this code and Section 6.23 of NFPA 58.

6109.11.2 Construction. The construction of such buildings and rooms shall comply with requirements for Group H occupancies in the Building Code, Chapter 10 of NFPA 58 and both of the following:

1.

Adequate vents shall be provided to the outside at both top and bottom, located at least five feet (1524 mm) from building openings.

2.

The entire area shall be classified for the purposes of ignition source control in accordance with Section 6.26 of NFPA 58.

6303.1.1.1.2.1 A maximum of 110 pounds (49.9 kg) of solid Class 3 oxidizer is allowed in nonresidential detached storage adjacent to Group R occupancies, when such materials are necessary for maintenance purposes associated with swimming pools. The oxidizers shall be stored in approved containers and in an approved manner.

CHAPTER 80 REFERENCED STANDARDS

This chapter lists the standards that are referenced in various sections of this document and the 2024 International Fire Code. The standards within Chapter 80 of the 2024 International Fire Code and the amendments adopted by the City are listed herein and in the published code by the promulgating agency of the standard, the standard identification, the effective date and title, and the section or sections of this document that reference the standard. The references specifically amended below replace the reference within the published code. All other references remain as published by the International Code Council (ICC). The application of the referenced standards shall be as specified in Section 102.7.

B104.1 General. The fire-flow calculation area shall be the total floor area of all floor levels within the exterior walls, and under the horizontal projections of the roof of a building.

Exceptions:

1.

The fire-flow calculation area of buildings constructed of Types IA and IB construction shall be the area of the three largest successive floors.

2.

The fire-flow calculation area for open parking garages of Types IA and IB construction shall be determined by the area of the largest floor.

3.

The fire-flow calculation for one- and two-family dwellings, Group R-3 and R-4 buildings and townhouses shall be the total combined fire-flow calculation areas for structures separated by less than 10 feet (3.05 m).

B104.2 Area separation. Portions of buildings that are separated by fire walls without openings, constructed in accordance with the Building Code, are allowed to be considered as separate fire-flow calculation areas.

Exception: The fire-flow calculation area of buildings separated by fire walls with openings, constructed in accordance with the Building Code, shall be the area of the two adjacent portions of the building with the most demanding fire-flow when combined.

Source: Ord. No. 20171207-098, Pt. 1, 1-17-18; Ord. No. 20210603-056, Pt. 1, 9-1-21; Ord. No. 20250410-039, Pt. 1, 7-10-25.

(A)

The International Wildland-Urban Interface Code and Appendices A, B, C, and D, 2024 Edition, published by the International Code Council ("2024 International Wildland-Urban Interface Code") is adopted and incorporated by reference into this section with the deletions, amendments, and additions in Subsections (B), (C), (D), and (E) and Section 25-12-183(Local Amendments to the 2024 Wildland-Urban Interface Code).

(B)

The following provisions of the 2024 Wildland-Urban Interface Code are deleted. Unless specifically listed in this table, a subsection contained within a deleted section or subsection is not deleted:

(C)

The following provisions of the 2024 International Wildland-Urban Interface Code are amended. Unless specifically listed in this table, a subsection contained within an amended section or subsection is not amended.

(D)

The following provisions are added to the 2024 Wildland-Urban Interface Code.

(E)

The following definitions are deleted from Section 202 (General Definitions) in the 2024 International Wildland-Urban Interface Code:

IGNITION-RESISTANT CONSTRUCTION, CLASS 1

IGNITION-RESISTANT CONSTRUCTION, CLASS 2

IGNITION-RESISTANT CONSTRUCTION, CLASS 3

(F)

The city clerk shall file a copy of the 2024 International Wildland-Urban Interface Code with the official ordinances of the City.

Source: Ord. No. 20200409-040, Pt. 2, 1-1-21; Ord. No. 20250410-041, Pt. 1, 7-10-25.

In the City Code, "Wildland-Urban Interface Code" means the 2024 Wildland-Urban Interface adopted by Section 25-12-181(International Wildland-Urban Interface Code) and as amended by Section 25-12-183(Local Amendments to the International Wildland-Urban Interface Code). In this article, "this code" means the Wildland-Urban Interface Code.

Source: Ord. No. 20200409-040, Pt. 2, 1-1-21; Ord. No. 20250410-041, Pt. 1, 7-10-25.

The following provisions are local amendments to the 2024 International Wildland-Urban-Interface Code. Each provision of this section is a substitute for the identically numbered provision amended or deleted in Section 25-12-181(B) or (C) (International Wildland-Urban Interface Code) or is an addition to the 2024 International Wildland-Urban Interface Code.

101.2 Scope. The provisions of the code shall apply to the construction, alteration, movement, repair, maintenance, and use of any building, structure, or premises within the wildland-urban interface areas in this jurisdiction. Buildings or conditions in existence at the time of the adoption of this code are allowed to have their use or occupancy continued, if such condition, use, or occupancy was legal at the time of the adoption of this code, provided that such continued use does not constitute a distinct danger or an extreme hazard to life or property. Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this code for new buildings or structures.

101.4 Retroactivity. The provisions of this code apply to conditions that arise beginning on and after the effective date of this code. If, in the opinion of the code official, the existing conditions constitute a distinct danger or extreme hazard to life or property, the code official may require compliance with provisions of this code to mitigate those existing conditions.

101.5 Additions or alterations. Additions or alterations shall be permitted to be made to any existing building or structure without requiring the unaltered portion of the existing building or structure to comply with the requirements of this code, provided that the entire addition or alteration to the existing structure conforms to that required for a new building or structure. Additions or alterations shall not create an unsafe condition to the existing structure or site as determined by the authority having jurisdiction (AHJ). Additions or alterations for a Limited Access Residential Infill Project are required to complete a Fire Hazard Severity Form in accordance with Appendix C and provide mitigation per Section 502.2 where the project receives a score of 15 or more for Part 1, 30 or more for Part 2, or a combined score of 40 or above.

102.4 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 7 (Referenced Standards) and Chapter 80 (Referenced Standards) of the Fire Code. Such codes and standards shall be considered as part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1, 102.4.2, and 102.4.3.

102.4.1 Conflicts. Except as otherwise provided in City Code, the provisions of this code prevail over a referenced code or standard that conflicts with this code.

102.4.3 Fire Protection Criteria Manual. Additional information on procedures and rules for administration of this code are available in the Fire Protection Criteria Manual.

103.1 Creation of agency. The office of the Fire Marshal at the Austin Fire Department, under the direction of the Fire Chief, is authorized to implement, administer, and enforce the provisions of this code.

103.2 Appointment. The fire chief is appointed by the City Manager in accordance with the policies and procedures of the City of Austin and in compliance with state law. The fire chief serves as the fire code official. Within the Wildland-Urban Interface Code the term "code official" means fire code official.

103.3 Deputies. The fire chief appoints the fire marshal and assistant fire marshals, inspectors, or other employees and delegates duties consistent with the policies and procedures of the Austin Fire Department. Where the terms "code official", "fire code official", "fire chief, "chief', "fire department", or "fire marshal" are used in the Wildland-Urban Interface Code, the provisions apply to assistant fire marshals, inspectors, engineering professionals, and other fire department employees in the execution of their assigned duties.

SECTION 104 DUTIES AND POWERS OF THE FIRE CODE OFFICIAL

The code official in this code has the powers of the fire code official in Section 104 of the Fire Code. Where the term "this code" or "Fire Code" are used within the Fire Code, the provisions apply to the Wildland-Urban Interface Code.

SECTION 105 PERMITS

105.1 General. Where not otherwise provided in the requirements of the Land Development Code, the Building Code, the Fire Code, or the Residential Code, permits are required in accordance with Sections 105.2 and 105.3.

105.2 Permits required. Unless otherwise exempted, buildings or structures regulated by this code shall not be erected, constructed, altered, repaired, moved, removed, converted, demolished, or changed in use or occupancy without an approved applicable city permit. For buildings or structures erected for temporary uses, see Appendix A, Section A108.3, of this code.

105.2.1 Extreme hazard condition. A permit shall not be issued to construct a structure on a site designated as an extreme hazard as defined and set forth by the provisions of this code.

105.3 Work Exempt from Permit. Except as required by the Building Code, Fire Code, or Residential Code, or other adopted codes, a permit is not required for the following:

1.

a one-story detached non-habitable accessory structure provided the use and floor area meet the exceptions of those allowed by Section 501.1 of this code; and

2.

a fence that does not exceed seven feet (2133.6 mm) high where subject to compliance with the Building Code and eight feet (2438 mm) high where subject to compliance with the Residential Code.

A structure or fence constructed without a permit, as allowed by this provision, must comply with this code. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. The code official is authorized to stipulate conditions for permits. Permits shall not be issued where public safety would be at risk, as determined by the code official.

105.4 Additional Permit Requirements. For additional permitting requirements including but not limited to application, approval, issuance, and time limitations, see Section 105 of the Fire Code; Section 105 of the Building Code; and Section 105 of the Residential Code.

105.5 Time limits. Article 13 (Administration of Technical Code) of this chapter establishes permit application time limits and requirements applicable to permit expiration and reactivation, including a review fee for expired permits. See also Section 105 of the Fire Code.

106.1 General. Plans, engineering calculations, diagrams, and other data shall be submitted in a digital format with each application for a permit. The construction documents shall meet the requirements of the Fire Code and be prepared by a registered design professional where required by the applicable Texas law or City rule or regulation. Where special conditions exist, the code official is authorized to require additional documents to be prepared by a registered design professional.

106.2 Information on plans and specifications. Plans and specifications shall be drawn to scale in digital format and shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed. Plans shall show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules, and regulations.

106.3 Site Plan. In addition to the requirements for plans in the Building Code, the Fire Code, and the current Land Development Code, site plans shall include topography, width and percent of grade of access roads, landscape and vegetation details, locations of structures or building envelopes, existing or proposed overhead utilities, occupancy classification of buildings, types of ignition-resistant construction of buildings, structures and their appendages, and site water supply systems. The code official is authorized to waive or modify the requirement for a site plan where the application for permit is for alteration, repair, or where otherwise warranted.

106.7 Vicinity plan. When required by the code official and in addition to a site plan, a vicinity plan shall be prepared and shall be submitted to the code official for review and approval. The vicinity plan shall be prepared by a Texas licensed Engineer, a Texas licensed Architect, a Texas licensed Landscape Architect, or by other sources when approved by the AHJ.

106.8 Additional construction document requirements. For additional construction document requirements including but not limited to retention of plans, examination of documents, amended construction documents, previous approvals, and phased approval see Section 106 of the Fire Code.

SECTION 107 TEMPORARY STRUCTURES AND USES. For temporary structures and uses see Chapter 31 of the Fire Code.

SECTION 108 FEES. For fee requirements see Section 108 of the Fire Code.

SECTION 109 INSPECTION AND ENFORCEMENT. For inspection and enforcement see Sections 109 and 113 of the Fire Code.

SECTION 110 CERTIFICATE OF OCCUPANCY. For certificate of occupancy requirements see Chapter 25-1 Article 9 (Certificates of Compliance and Occupancy), Section 111 of the Building Code; and Section R110 of the Residential Code.

SECTION 111 SERVICE UTILITIES. For service utilities see Section 111 of the Fire Code.

SECTION 112 MEANS OF APPEALS. For appeals see Section 112 of the Fire Code.

SECTION 113 STOP WORK ORDER. For stop work orders see Section 114 of the Fire Code.

202.1 Supplemental and replacement definitions. The following definitions in this subsection apply throughout this code and supplement the definitions in Section 202 (Definitions) of the 2024 International Wildland-Urban Interface Code, as published.

ACCESSORY STRUCTURE. An accessory structure is a non-habitable structure that does not contain any type of plumbing and that is used for such things as general storage buildings, lawn and garden sheds, green houses, pump houses, and similar structures.

BUILDING. Any structure intended for supporting or sheltering any occupancy that would not be considered an accessory structure.

CODE OFFICIAL. The fire chief or the fire chiefs designee designated to interpret and enforce the fire code and this code.

DRIVEWAY. A vehicular ingress and egress route that serves no more than three buildings or structures on an individual lot, including accessory structures, and no more than three dwelling units on an individual lot.

DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

EXTREME HAZARD. A condition that, in the opinion of the code official, makes a site or structure located within wildland-urban interface areas unusually more dangerous due to, but not limited to, restrictions in access, lack of adequate water supply, types of fuels, topography or the lack of surrounding open space to conduct safe fire-fighting operations. Properties that score a 40 or higher on the Fire Hazard Severity form in Appendix C of this code also qualify as an Extreme Hazard.

FIRE SEPARATION DISTANCE. Fire Separation Distance between structures shall be compliant with the definitions as provided in the Building Code and Residential Code. Fire Separation Distance between a structure and the wildland shall be per Section 603.2 of this code.

FLAME SPREAD INDEX. A comparative measure, expressed as a dimensionless number, derived from visual measurements of the spread of flame versus time for a material tested in accordance with ASTM E 84, UL 723, or ASTM E 2768.

FUEL, HEAVY. Vegetation consisting of round wood three to eight inches (76 to 203 mm) in diameter. See fuel models for Closed Juniper Woodland and Mixed Juniper Hardwood Forest described in Appendix D.

FUEL, LIGHT. Vegetation consisting of herbaceous plants and round wood less than one-fourth inch (6.4 mm) in diameter. See fuel models for Sparse Dry Climate Grass described in Appendix D.

FUEL, MEDIUM. Vegetation consisting of round wood one-fourth to three inches (6.4 to 76 mm) in diameter. See fuel models for Aggrading Juniper Shrub described in Appendix D.

GREEN BELT. A series of connected open spaces that may follow natural features such as ravines, creeks or streams.

IGNITION-RESISTANT (IR) CONSTRUCTION. A construction method that uses building materials that when used alone or when assembled as a unit will resist exterior ignition and sustained combustion from direct flame impingement, radiant heat, or embers. IR Construction shall also resist interior ignition of materials by reducing the radiant heat transfer from direct flame in close proximity to the structure through windows or doors. The extent of the required IR Construction shall be dependent on the proximity to the wildland based on the proximity zone designation of the structure.

LIMITED ACCESS COMMUNITY. A residential area or subdivision that contains more than 30 dwelling units and only has one main entrance or exit to a primary road connecting the area or subdivision to the broader road network.

LIMITED ACCESS RESIDENTIAL INFILL PROJECT. The addition of one or more new dwelling units in a Limited Access Community.

PROXIMITY ZONE. The designation given to a structure to determine the enhanced ignition-resistant construction required to reduce the effects of a wildfire on the structure. The proximity zone is based on the distance of the structure from the wildland per Section 302.4.

TURNOUT. A turnout is a section of road parallel to a driveway or access road where a vehicle can pull to the side to allow other vehicles to pass.

WILDLAND. An area in which development is essentially nonexistent including but not limited to grassland, pastures and farmland, shrub-covered and treed areas, easements, unmitigated parkland, and other natural surfaces that are not regularly maintained.

WILDLAND-URBAN INTERFACE (WUI) AREA. An area designated by the City Council, based on formulation and input from the Texas A&M Forest Service and modified and implemented by Austin Fire Department Wildfire Division, where conditions affecting the combustibility of both wildland and built fuels allow for the ignition and spread of fire through the combined fuel complex.

302.2 Mapping. The wildland-urban interface (WUI) areas shall be recorded on maps available for inspection by the public. Due to the complexity of the areas and limitations in the mapping programs, some areas that are in the WUI may not show up as such in the map. It shall be by the determination of this code and the code official to determine if the property is in the Wildland-Urban Interface and the Proximity Zone designation as provided in Section 302.4 of this code. Distance to the wildland shall be measured from the structure to the actual wildland, regardless of the location of the property line.

302.4 Proximity Zone designation. Structures located in a designated wildland-urban interface area shall be designated as either Proximity Zone A, Proximity Zone B, or Proximity Zone C depending on the distance from the wildland and shall comply with the applicable Sections 504 through 506 of this code and the requirements of the Building or Residential Codes and the Fire Code as applicable.

Proximity Zone A structures are those that are 50 feet or closer to 40 acres of wildland.

Proximity Zone B structures are those that are greater than 50 feet and up to 150 feet from 40 acres of wildland.

Proximity Zone C structures are those that are greater than 150 feet up to 0.5 miles from 40 acres of wildland and up to 1.5 miles from 750 acres of wildland.

302.4.1 Proximity Zone Conflicts. When a structure is located on a lot where there is a conflict with the Proximity Zone designation, the most restrictive Proximity Zone shall be used for the entire structure.

401.1 Scope. Wildland-urban interface areas shall be provided with emergency vehicle access and water supply in accordance with this chapter and the Fire Code.

402.1 Subdivisions. All subdivisions, as described in the City Code Chapter 25-4(Subdivision), that are wholly or partially located in a designated wildland-urban interface area and platted after the adoption of this code shall comply with the Land Development Code, Sections 402.1.1 and 402.1.2 of this code, and the Fire Code.

402.1.1 Access. New subdivisions and resubdivisions, as determined by this jurisdiction, shall be provided with fire apparatus access roads and access requirements in accordance with the Chapter 5 of the Fire Code, Section 403 of this code, and the currently adopted Land Development Code. Where more than 30 dwelling units are served by a single fire apparatus access road, including Limited Access Residential Infill Projects, a completed Fire Hazard Severity form in accordance with Appendix C shall be submitted to the code official and mitigation provided per Section 502.2 if the project receives a score of 15 or more for Part 1, 30 or more for Part 2, or a combined score of 40 or above.

402.1.2 Water supply. New subdivisions as determined by this jurisdiction shall be provided with a conforming water supply in accordance with Section 404 of this code and Chapter 5 of the Fire Code.

402.2 Individual structures. Individual structures shall comply with Sections 402.2.1 and 402.2.2 of this code and the Fire Code.

402.2.1 Access. Individual structures hereafter constructed or relocated into or onto a site located within a wildland-urban interface area shall be provided with fire apparatus access in accordance with Chapter 5 of the Fire Code and required driveways in accordance with Section 403.2 of this code. Any structures served by a single fire apparatus access road serving more than 30 dwelling units, including Limited Access Residential Infill Projects, shall submit a completed Fire Hazard Severity form in accordance with Appendix C to the code official and mitigation shall be provided per Section 502.2 where the project receives a score of 15 or more for Part 1, 30 or more for Part 2, or a combined score of 40 or above. Marking of fire protection equipment and the site's address markers shall be provided in accordance with Chapter 5 of the Fire Code and Sections 403.5 and 403.6 of this code.

402.2.2 Water supply. Individual structures hereafter constructed, remodeled, or relocated into or onto a site located within a wildland-urban interface area shall be provided with a conforming water supply in accordance with Chapter 5 of the Fire Code. For residential one- and two-family dwellings in WUI areas where a conforming water supply is not available an automatic sprinkler system in accordance with Section 602.1 shall be installed, regardless of the size of the structure.

403.1 Restricted access. Where emergency vehicle access is restricted because of secured access roads or driveways or where immediate access is necessary for lifesaving or firefighting purposes, the code official is authorized to require a key box to be installed in an approved location. The key box shall be of a type approved by the code official and shall contain keys to gain necessary access as required by the code official. Restricted access shall allow occupant egress at all times.

403.2 Driveways. The requirements of this section shall apply exclusively to buildings constructed to meet the Residential Code. Driveways shall be provided where any portion of an exterior wall of the first story of a building is located more than 150 feet (45 720 mm) from a fire apparatus access road. An approved fire apparatus access road shall be provided where required by the Fire Code.

Exception:

1.

For a property located within Zone C, the dimension for a required driveway is increased from 150 feet (45 720 mm) to 200 feet (60 960 mm).

2.

An increase greater than 200 feet when an alternative is approved by the fire code official.

403.2.1 Dimensions. Driveways shall provide a minimum unobstructed width of 12 feet (3658 mm) and a minimum unobstructed height of 14 feet (4268 mm).

403.2.3 Service limitations. A driveway shall not serve more than three buildings or structures on an individual lot, including accessory structures, and not more than three dwelling units on an individual lot.

Exception: A driveway may serve more buildings or structures, if the driveway meets the requirements for a fire apparatus access road (fire lane) as set forth in Section 503 of the Fire Code. The exact number of buildings or structures that can be served will be determined by the code official.

403.2.4 Turnarounds. Driveway turnarounds shall have inside turning radii of not less than 25 feet (7620 mm) and outside turning radii of not less than 50 feet (15 240 mm). Driveways that connect with a road or roads at more than one point shall be considered as having a turnaround if all changes of direction meet the radii requirements for driveway turnarounds.

403.3 Fire apparatus access road. When required, a fire apparatus access road must comply with the Chapter 5 of the Fire Code.

403.7 Grade. The gradient for fire apparatus access roads and driveways shall be per Section 503.2.7 of the Fire Code.

403.8 Service limitations. Multi-family residential projects having more than 30 dwelling units shall be equipped throughout with two separate and approved fire apparatus access roads.

403.9 Remoteness. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one-half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses.

SECTION 404 WATER SUPPLY. For conforming water supply requirements see Section 507 of the Fire Code and Appendix B of the Fire Code.

501.1 Scope. All buildings and structures located in a designated wildland-urban interface area shall be constructed in accordance with the Building Code, the Residential Code, and this code.

Exceptions:

1.

Accessory structures not exceeding 100 square feet (9.29 m ² ) in floor area where located more than 50 feet (15,420 mm) from the nearest adjacent structure.

2.

Agricultural buildings located more than 50 feet (15,420 mm) from the nearest adjacent structure.

501.2 Objective. Chapter 5 establishes minimum standards to locate, design, and construct buildings, structures, or portions thereof. The purpose of the minimum standards is to protect life and property, to resist damage from wildfires, and to reduce the spread of building and structure fires to wildland fuels by providing a more ignition-resistant structure. Minimum standards vary based on proximity to the wildland fuels. These standards are intended to provide, above Fire Code requirements, increased protection from the various levels of hazards in wildland-urban interface areas.

SECTION 502 EXTREME HAZARD

502.1 General. A site located within a wildland-urban interface area shall be considered an extreme hazard if:

(1)

The site meets all of the following conditions:

(a)

Site has fuels classified as medium or heavy as defined by this code;

(b)

Does not have a conforming water supply;

(c)

Does not have defensible space; and

(d)

Does not have sufficient fire department access; or

(2)

The site receives a score of 15 or higher for Part 1, 30 or higher for Part 2, or a combined score of 40 or higher as set forth by fire hazard severity form in Appendix C.

A permit to construct or move a structure onto a site designated an extreme hazard shall not be issued unless mitigation to reduce the extreme hazard designation has occurred per Section 502.2 of this code.

Exception: The fire chief is authorized to classify fuel type based on the historic fuel type for the area.

502.1.1 Existing structures. Existing structures, accessory structures, agricultural buildings, and appendages (fences, decks, etc.) shall not be issued a permit for additions or to modify any existing structure on a site classified as an extreme hazard unless mitigation to reduce the extreme hazard designation has occurred per Section 502.2 of this code.

Exception: Interior only remodels where additional dwelling units are not created. Window or exterior door replacements shall not be considered interior only components in extreme hazard designated areas.

502.2 Extreme hazard severity reduction. Construction, modification, or relocation of a structure onto a site classified as an extreme hazard shall require mitigation of conditions described in Section 502.1 as determined by the code official so that the site is no longer considered an extreme hazard.

503.1 General. A building or structure constructed, modified, located in, relocated into a designated wildland-urban interface area shall comply with Chapter 5. Proximity Zone A, Proximity Zone B, or Proximity Zone C ignition-resistant construction shall be constructed in accordance with Sections 504, 505, and 506 respectively. Any material required to be ignition resistant shall comply with Section 503.2. When defensible space is required, it shall comply with Section 603.

503.2 Ignition-resistant building material. Ignition-resistant building materials shall comply with any one of the requirements in Sections 503.2.1 through 503.2.5.

503.2.3 Wood roof coverings. No roof covering in the Wildland-Urban Interface areas, regardless of the distance from the wildland, shall be allowed to be made from wood shake, wood shingle, or similar combustible material, including fire-retardant-treated wood.

503.2.4 Ignition-resistant building material. Material shall be tested on the front and back faces in accordance with the extended ASTM E84 or UL 723 test, for a total test period of 30 minutes, or with the ASTM E2768 test. The materials shall bear identification showing the fire test results. Panel products shall be tested with a ripped or cut longitudinal gap of ⅛ inch (3.2 mm). The materials, when tested in accordance with the test procedures set forth in ASTM E84 or UL 723 for a test period of 30 minutes, or with ASTM E2768, shall comply with Sections 503.2.4.1 through 503.2.4.3.

Exceptions:

1.

Materials composed of a combustible core and a noncombustible exterior covering made from either aluminum at a minimum 0.019-inch (0.48 mm) thickness or corrosion resistant steel at a minimum 0.0149-inch (0.38 mm) thickness shall not be required to be tested with a ripped or cut longitudinal gap.

2.

Structures designated as Proximity Zone B or C shall be allowed to use materials designated as a Class A rated material, designed for exterior use, when tested to the ASTM E84 or UL 723 Standard 10-minute test.

503.2.5 Other Approved Materials. Other materials as approved by the fire code official.

SECTION 504 PROXIMITY ZONE A IGNITION-RESISTANT CONSTRUCTION

504.1 General. Proximity Zone A Ignition-resistant construction shall be in accordance with Sections 504.2 through 504.11.

504.2.1.1 Woven roof valleys. Valley shingles that have been weaved or woven (closed valley) to create a continuous layer of shingles over the valley may be flashed using 26 gage (0.019 inch) galvanized sheet metal running the full length of the valley and extending at least 12 inches on both planes of the roof surface. Flashing shall be viewable from the end of the valley at the roof eave for inspections.

504.2.2 Materials and systems installed over a roof assembly. Materials and systems installed over a roof assembly shall comply with the requirements of Sections 504.2.2.1 through 504.2.2.3.

504.2.2.1 Raised-deck systems. Raised-deck systems as defined by the Building Code installed above a roof assembly shall comply with Section 1511.9 and subsections of the Building Code.

Exception: Structures constructed to meet the Residential Code shall comply with Access and Egress requirements of the Residential Code.

504.2.2.2 Skylight housing. Skylight frame material shall be noncombustible.

504.2.2.3 Walkway pad. The use and application of walkway pad material shall not compromise the ASTM E 108 or UL 790 rating of the roof. The material shall meet ASTM E 108 or UL 790, or meet the requirements of section 503.2.

504.2.2.4 Vegetative roofs and landscaped roofs. Vegetative roofs and landscaped roofs, regardless of the distance from the wildland, shall not be allowed within the Wildland-Urban Interface.

504.3 Protection of eaves. Protection of eaves, soffits, fasciae, rafter tails, and exterior ceilings shall comply with the requirements of Sections 504.3.1 through 504.3.5.

504.3.1 Eaves. Eaves shall be protected on the exposed underside of soffits by ignition resistant materials or by materials approved for not less than one-hour fire-resistance-rated construction, two-inch (51 mm) nominal dimension lumber, ⅝ inch Type-X Sheetrock, or one-inch (25 mm) nominal fire-retardant-treated lumber, or three-quarter inch (19.1 mm) nominal fire-retardant-treated plywood, identified for exterior use and meeting the requirements of Section 2303.2 of the Building Code.

504.3.2 Fasciae. Ignition-resistant fasciae are required and shall be constructed with one of the following:

1.

Three-quarter-inch (19.1 mm) solid ignition-resistant material complying with Section 503.2.

2.

One-hour fire-resistance-rated construction protected on the exterior by an ignition-resistant building material complying with Section 503.2.

3.

Two-inch (51 mm) nominal dimension lumber protected on the exterior by an ignition-resistant building material complying with Section 503.2.

504.3.3 Gaps between materials. Gaps between exterior facing materials within the eaves or between eave materials and the wall or and roof assembly caused by normal construction techniques or any other unsealed roof opening providing access to the attic space shall be provided with ember protection according to Section 506.5 of this code.

504.3.4 Exposed rafter tails. Exposed rafter tails are allowed when built of material classified as heavy timber per the Building Code, provided that the exterior wall be rated for at least one hour and extend from foundation to bottom of roof deck. The roof deck shall be a noncombustible or ASTM E 84 Class A rated material per 503.2.4 and shall extend a distance of not less than 48 inches on both the exterior and interior side of the exterior wall.

504.3.5 Exterior ceilings. Exterior ceilings below covered patio roofs, porches, balconies, decks, floors above, and all similar structures shall be built using ignition-resistant building materials that comply with Section 503.2. Rated ceiling assemblies shall have an ignition resistant building material as the exterior finish.

504.4 Gutters and downspouts. Gutters and downspouts shall be constructed of noncombustible materials. Gutters shall be provided with an approved means to prevent the accumulation of leaves and debris in the gutter and be constructed of a non-corrosive and noncombustible material.

504.7 Appendages and structures. For an unenclosed appendage or projection that is attached to a building, or a detached unenclosed accessory structure, such as a deck, balcony, carport, pergola, patio cover, awning, canopy, or similar structure, the entire appendage, projection, or structure must be constructed using at least one-hour fire-resistance-rated materials, heavy timber, or one of the following:

1.

Approved non-combustible materials;

2.

Fire-retardant-treated wood approved for exterior use that complies with Section 2303.2 of the Building Code; or

3.

Ignition-resistant building materials that comply with Section 503.2.

Exceptions:

1.

Coated materials shall not be used as the walking surface of decks.

2.

The underside of a deck, not subject to Subsection 504.7.1, consisting of the columns, beams, bracing, and floor joists, shall be allowed to be built from any approved material provided that the entire underside of the deck is completely enclosed with a wall meeting the requirements of Section 504.5. Ventilation shall be provided per Section 504.10. Storage or access points to allow storage under the deck shall not be allowed.

Deck boards shall not have gaps larger than one-eighth inch between the boards or ember protection shall be provided per Section 504.10 attached directly to the underside of the deck boards. Guard rails, handrails, columns, and steps leading to grade shall comply with these materials.

504.7.1 Underfloor areas. Where the structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface greater than 10 percent, the area below the structure shall be enclosed with exterior walls constructed in accordance with Section 504.5. Ventilation shall be provided per Section 504.10. Storage or access points to allow storage under the deck shall not be allowed.

504.7.2 Fences. Any portion of a fence within 10 feet (3038 mm) of a building or structure shall be built using a material that complies with section 503.2 of this code. New and replacement fences shall comply with this section. Separation distance between structures shall be per the definition of the Building Code or the Residential Code.

504.10 Vents. Where provided in accordance with 504.10.3, ventilation, exhaust, or outside air intake openings shall be in accordance with Section 504.10.1 or Section 504.10.2 to resist building ignition from the intrusion of burning embers and flame through the ventilation openings. Dryer vents and associated ductwork shall be noncombustible.

Exceptions:

1.

An opening that is prohibited from being obstructed and must remain clear because of another adopted code or Land Development Code requirement, provided that any flame or ember that penetrates the opening cannot reach combustible materials or surfaces.

2.

A dryer vent shall not require ember protection in accordance with 504.10.1 or 504.10.2.

504.10.3 Vent locations. Protection shall be provided for ventilation openings for exhaust, outside air intake, enclosed attics, gable ends, ridge ends, underfloor ventilation, foundations and crawl spaces, either in a horizontal or vertical surface. Attic ventilation openings shall not be located in soffits, in eave overhangs, between rafters at eaves or in other overhang areas. Gable-end and dormer vents shall be located not less than 10 feet (3048 mm) from lot lines. Underfloor ventilation openings shall be located as close to grade as practical.

504.11 Detached accessory structures. Detached accessory structures located in the wildland-urban interface, including those listed in Section 504.7, shall be required to comply with this code.

504.11.1 Underfloor areas. The underfloor area below the detached accessory structure shall comply with Section 504.6 or Section 504.7.1, as applicable.

504.11.2 Boat Docks. Boat dock walking surfaces shall be constructed of approved noncombustible materials or ignition-resistant materials that comply with Section 503.2. Boat dock roof assemblies shall comply with Section 504.2.

SECTION 505 PROXIMITY ZONE B IGNITION-RESISTANT CONSTRUCTION

505.1 General. Proximity Zone B Ignition-resistant construction shall be in accordance with Sections 505.2 through 505.11.

505.2.1.1 Woven roof valleys. Valley shingles that have been weaved or woven (closed valley) to create a continuous layer of shingles over the valley may be flashed using 26 gage (0.019 inch) galvanized sheet metal running the full length of the valley and extending at least 12 inches on both planes of the roof surface. Flashing shall be viewable from the end of the valley at the roof eave for inspections.

505.2.2 Materials and systems installed over a roof assembly. Materials and systems installed over a roof assembly shall comply with the requirements of Sections 505.2.2.1 through 505.2.2.3.

505.2.2.1 Raised-deck systems. Raised-deck systems as defined by the Building Code installed above a roof assembly shall comply with Section 1511.9 and subsections of the Building Code.

Exception: Structures constructed to meet the Residential Code shall comply with Access and Egress requirements of the Residential Code.

505.2.2.2 Skylight housing. Skylight frame material shall be noncombustible.

505.2.2.3 Walkway pad. The use and application of walkway pad material may not compromise the ASTM E 108 or UL 790 rating of the roof. The material must meet ASTM E 108 or UL 790, or meet the requirements of Section 503.2.

505.2.2.4 Vegetative roofs and landscaped roofs. Vegetative roofs and landscaped roofs, regardless of the distance from the wildland, shall not be allowed within the Wildland-Urban Interface.

505.3 Protection of eaves. Protection of eaves, soffits, fasciae, rafter tails, and exterior ceilings shall comply with the requirements of Sections 505.3.1 through 505.3.5.

505.3.1 Eaves. Eaves shall be completely covered and enclosed by non-combustible materials, by solid combustible materials at least three-quarters inch thick, or materials complying with Section 504.3.

505.3.2 Fasciae. Ignition-resistant fasciae are required and shall be constructed with one of the following:

1.

Three-quarters-inch (19.1 mm) solid ignition-resistant material complying with Section 503.2.

2.

One-hour fire-resistance-rated construction protected on the exterior by an ignition resistant building material complying with Section 503.2.

3.

Two-inch (51 mm) nominal dimension lumber protected on the exterior by an ignition resistant building material complying with Section 503.2.

505.3.3 Gaps between materials. Gaps between exterior facing materials within the eaves or between eave materials and the wall or and roof assembly caused by normal construction techniques or any other unsealed roof opening providing access to the attic space shall be provided with ember protection according to Section 506.5 of this code.

505.3.4 Exposed rafter tails. Exposed rafter tails are allowed when built of material classified as heavy timber per the Building Code, provided that the exterior wall be rated for at least one hour and extend from foundation to bottom of roof deck. The roof deck shall be a noncombustible or ASTM E 84 Class A rated material per 503.2.4 and shall extend a distance of not less than 48 inches on both the exterior and interior side of the exterior wall.

505.3.5 Exterior ceilings. Exterior ceilings below covered patio roofs, porches, balconies, decks, floors above, and all similar structures shall be built using ignition-resistant building materials that comply with Section 503.2. Rated ceiling assemblies shall have an ignition resistant building material as the exterior finish.

505.4 Gutters and downspouts. Gutters and downspouts shall be constructed of noncombustible materials. Gutters shall be provided with an approved means to prevent the accumulation of leaves and debris in the gutter and be constructed of a non-corrosive and noncombustible material.

505.7 Appendages and structures. For an unenclosed appendage, projection, or structure that is attached to or located within 30 feet (9144 mm) of a building with habitable spaces, such as a deck, balcony, carport, pergola, patio cover, awning, canopy, or similar structure, the entire appendage, projection, or structure must be constructed using at least one-hour fire-resistance-rated materials, heavy timber, or one of the following:

1.

Approved non-combustible materials;

2.

Fire-retardant-treated wood approved for exterior use that complies with Building Code Section 2303.2; or

3.

Ignition-resistant building materials that comply with Section 503.2 of this code.

Exceptions:

1.

Coated materials shall not be used as the walking surface of decks.

2.

The underside of a deck not subject to Section 505.7.1 consisting of the columns, beams, bracing, and floor joists, shall be allowed to be built from any approved material provided that the entire underside of the deck is completely enclosed with a wall meeting the requirements of Section 505.5. Ventilation shall be provided per Section 505.10. Storage or access points to allow storage under the deck shall not be allowed.

Deck boards shall not have gaps larger than one-eighth inch between the boards or ember protection shall be provided per Section 505.10 attached directly to the underside of the deck boards. Guard rails, handrails, columns, and steps leading to grade shall comply with these materials.

505.7.1 Underfloor areas. Where the structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface greater than 10 percent, the area below the structure shall be enclosed with exterior walls constructed in accordance with Section 505.5. Ventilation shall be provided per Section 505.10. Storage or access points to allow storage under the deck shall not be allowed.

505.7.2 Fences. Any portion of a fence within 10 feet (3048 mm) of a building or structure shall be built using a material that complies with Section 503.2 of this code. New and replacement fences shall comply with this section. Separation distance between structures shall be per the definition of the Building Code or the Residential Code.

505.8 Exterior glazing. Skylights shall be tempered glass, multilayered glazed panels, glass block, or have a fire protection rating of not less than 20 minutes.

505.10 Vents. Where provided in accordance with Section 505.10.3, ventilation, exhaust, or outside air intake openings shall be in accordance with Section 505.10.1 or Section 505.10.2 to resist building ignition from the intrusion of burning embers and flame through the ventilation openings. Dryer vents and associated ductwork shall be noncombustible.

Exceptions:

1.

An opening that is prohibited from being obstructed and must remain clear because of another adopted code or other Land Development Code requirements, provided that any flame or ember that penetrates the opening cannot reach combustible materials or surfaces.

2.

A dryer vent shall not require ember protection in accordance with Sections 505.10.1 or 505.10.2.

505.10.3 Vent locations. Protection shall be provided for ventilation openings for exhaust, outside air intake, enclosed attics, gable ends, ridge ends, underfloor ventilation, foundations and crawl spaces, either in a horizontal or vertical surface. Attic ventilation openings shall not be located in soffits, in eave overhangs, between rafters at eaves or in other overhang areas. Gable-end and dormer vents shall be located not less than 10 feet (3048 mm) from lot lines. Underfloor ventilation openings shall be located as close to grade as practical.

505.11 Detached accessory structures. Detached accessory structures located in the wildland-urban interface, including those listed in Section 505.7, shall be required to comply with this code.

505.11.1 Underfloor areas. The underfloor area below the detached accessory structure shall comply with Section 505.6 or Section 505.7.1, as applicable.

505.11.2 Boat Docks. Boat dock walking surfaces shall be constructed of approved noncombustible materials or ignition-resistant materials that comply with Section 503.2. Boat dock roof assemblies shall comply with Section 505.2.

SECTION 506 PROXIMITY ZONE C IGNITION-RESISTANT CONSTRUCTION

506.1 General. Proximity Zone C Ignition-resistant construction shall be in accordance with Sections 506.2 through 506.11.

506.2 Roof assembly. Roofs shall have a roof assembly that complies with a Class A rating when tested in accordance with ASTM E108 or UL 790. For roof assemblies where the profile allows a space between the roof covering and roof deck, the space at the eave ends shall be firestopped to preclude entry of flames or embers, or have one layer of 72-pound (32.4 kg) mineral-surfaced, non-perforated cap sheet complying with ASTM D3909 installed over the combustible roof deck.

Exceptions:

1.

Class A roof assemblies include those with coverings of brick, masonry or an exposed concrete roof deck.

2.

Class A acceptable roof assemblies shall also include ferrous or copper shingles or sheets, metal sheets and shingles, clay or concrete roof tile or slate installed on noncombustible decks or ferrous, copper or metal sheets installed without a roof deck on noncombustible framing.

3.

Class A roof assemblies include minimum 16 oz./sq. ft. (0.0416 kg/m ² ) copper sheets installed over combustible roof decks.

4.

One- and two-family residential structures with roof coverings on roofs sloped greater than 2 units vertical in 12 units horizontal, such as shingles, tiles, or metal sheets, tested and certified by ASTM E108 or UL 790 as a Class A roof covering shall be allowed to be installed over a standard combustible roof deck with no less than 30 1b felt or equivalent underlayment.

506.2.1.1 Woven roof valleys. Valley shingles that have been weaved or woven (closed valley) to create a continuous layer of shingles over the valley may be flashed using 26 gage (0.019 inch) galvanized sheet metal running the full length of the valley and extending at least 12 inches on both planes of the roof surface. Flashing shall be viewable from the end of the valley at the roof eave for inspections.

506.2.2 Materials and systems installed over a roof assembly. Materials and systems installed over a roof assembly shall comply with the requirements of Sections 506.2.2.1 through 506.2.2.3.

506.2.2.1 Raised-deck systems. Raised-deck systems as defined by the Building Code installed above a roof assembly shall comply with Section 1511.9 and subsections of the Building Code.

Exception: Structures constructed to meet the Residential Code shall comply with Access and Egress requirements of the Residential Code.

506.2.2.2 Skylight housing. Skylight frame material shall be noncombustible.

506.2.2.3 Walkway pad. The use and application of walkway pad material may not compromise the ASTM E 108 or UL 790 rating of the roof. The material must meet ASTM E 108 or UL 790 or meet the requirements of Section 503.2.

506.2.2.4 Vegetative roofs and landscaped roofs. Vegetative roofs and landscaped roofs, regardless of the distance from the wildland, shall not be allowed within the Wildland-Urban Interface.

506.4 Protection of eaves. Protection of eaves, soffits, fasciae, rafter tails, and exterior ceilings shall comply with the requirements of Sections 506.4.1 through 506.4.6.

506.4.1 Eaves. Eaves shall be completely covered and enclosed by non-combustible materials, by solid combustible materials at least three-quarter inch thick, or materials complying with Section 504.3.

506.4.2 Fasciae. Ignition-resistant fasciae are required and shall be constructed with one of the following:

1.

Three-quarter inch (19.1 mm) solid ignition-resistant material complying with Section 503.2.

2.

One-hour fire-resistance-rated construction protected on the exterior by an ignition resistant building material complying with Section 503.2.

3.

Two-inch (51 mm) nominal dimension lumber protected on the exterior by an ignition resistant building material complying with Section 503.2.

506.4.3 Gaps between materials. Gaps between exterior facing materials within the eaves or between eave materials and the wall or and roof assembly caused by normal construction techniques or any other unsealed roof opening providing access to the attic space shall be provided with ember protection according to Section 506.5.

506.4.4 Exposed rafter tails. Exposed rafter tails are allowed when built of ignition-resistant material complying with Section 503.2 or material classified as heavy timber per the Building Code.

506.4.5 Exterior ceilings. Exterior ceilings below covered patio roofs, porches, balconies, decks, floors above, and all similar structures shall be built using ignition-resistant building materials that comply with Section 503.2. Rated ceiling assemblies shall have an ignition-resistant building material as the exterior finish.

506.4.6 Gutters and downspouts. Gutters and downspouts shall be constructed of noncombustible materials. Gutters shall be provided with an approved means to prevent the accumulation of leaves and debris in the gutter and be constructed of a non-corrosive and noncombustible material.

506.5 Vents. Where provided in accordance with Section 506.5.3, ventilation, exhaust, or outside air intake openings shall be in accordance with Section 506.5.1 or Section 506.5.2 to resist building ignition from the intrusion of burning embers and flame through the ventilation openings. Dryer vents and associated ductwork shall be noncombustible.

Exceptions:

1.

An opening that is prohibited from being obstructed and must remain clear because of another adopted code or other Land Development Code requirements, provided that any flame or ember that penetrates the opening cannot reach combustible materials or surfaces.

2.

A dryer vent shall not require ember protection in accordance with Section 506.5.1 or Section 506.5.2.

506.5.1 Performance requirements. Ventilation openings shall be fully covered with listed vents, tested in accordance with ASTM E2886, to demonstrate compliance with all the following requirements:

1.

There shall be no flaming ignition of the cotton material during the Ember Intrusion Test.

2.

There shall be no flaming ignition during the Integrity Test portion of the Flame Intrusion Test.

3.

The maximum temperature of the unexposed side of the vent shall not exceed 662°F (350°C).

506.5.2 Prescriptive requirements. Where provided, attic ventilation openings, foundation or underfloor vents, or other ventilation openings in vertical or horizontal surfaces and vents through roofs shall not exceed 144 square inches (0.0929 m ² ) each. Such vents shall be covered with noncombustible corrosion-resistant mesh with openings not to exceed one-eighth inch (3.2 mm) or shall be designed and approved to prevent flame or ember penetration into the structure.

506.5.3 Vent locations. Protection shall be provided for ventilation openings for exhaust, outside air intake, enclosed attics, gable ends, ridge ends, under eaves and cornices, enclosed eave soffit spaces, enclosed rafter spaces formed where ceilings are applied directly to the underside of roof rafters, underfloor ventilation, foundations and crawl spaces, plenum, or any other opening intended to permit a flow of air between the outside and inside of the structure, either in a horizontal or vertical surface. Gable-end and dormer vents shall be located not less than 10 feet (3048 mm) from lot lines. Underfloor ventilation openings shall be located as close to grade as practical.

506.6 Appendages and structures. For an unenclosed appendage, projection, or structure that is attached to or located within 10 feet (3048 mm) of a building with habitable spaces and projections, such as a deck, balcony, carport, pergola, patio cover, awning, canopy, or similar structure, the entire appendage or structure must be constructed using at least one-hour fire resistance-rated materials, heavy timber, or one of the following:

1.

Approved non-combustible materials;

2.

Fire-retardant-treated wood approved for exterior use that complies with Section 2303.2 of the Building Code; or

3.

Ignition-resistant building materials that comply with Section 503.2 of this code.

Exceptions:

1.

Coated materials shall not be used as the walking surface of decks.

2.

The underside of a deck consisting of the columns, beams, bracing, and floor joists, shall be allowed to be built from any approved material provided that the entire underside of the deck is completely enclosed with a wall meeting the requirements of Section 504.5. Ventilation shall be provided per Section 506.5. Storage or access points to allow storage under the deck shall not be allowed.

Deck boards shall not have gaps larger than one-eighth inch between the boards or ember protection shall be provided per Section 506.5 attached directly to the underside of the deck boards. Guard rails, handrails, columns, and steps leading to grade shall comply with these materials.

506.6.1 Fences. Any portion of a fence within 10 feet (3038 mm) of a building or structure shall be built using a material that complies with Section 503.2 of this code. New and replacement fences shall comply with this section. Separation distance between structures shall be per the definition of the Building Code or the Residential Code.

Exception: For residential fences associated with structures constructed in compliance with the Residential Code, the dimension may be reduced from 10 feet (3038 mm) to 5 feet (1524 mm).

506.7 Exterior glazing. Skylights shall be tempered glass, multilayered glazed panels, glass block, or have a fire protection rating of not less than 20 minutes.

506.8 Detached accessory structures. Detached accessory structures located in the wildland-urban interface, including those listed in Section 506.6, shall be required to comply with this code.

506.8.1 Underfloor areas. The underfloor area below the detached accessory structure shall comply with Section 506.3 or Section 506.6, as applicable.

506.8.2 Boat Docks. Boat dock walking surfaces shall be constructed of approved noncombustible materials or ignition-resistant materials that comply with Section 503.2. Boat dock roof assemblies shall comply with Section 506.2.

507.1 General. The roof covering on buildings or structures in existence prior to the adoption of this code that are replaced or have 50 percent or more replaced shall be entirely replaced with a roof covering required for new construction as required per Section 504.2.

602.1 General. In areas of the wildland-urban interface where there is a non-conforming water supply per Section 404 of this code, Section 507 of the Fire Code, or Appendix B of the Fire Code, an approved automatic sprinkler system may be installed in all habitable occupancies constructed to meet the Residential Code, excluding townhouses, regardless of the size of the fire-flow calculation area of the structure in lieu of providing a conforming water supply. The installation of the automatic sprinkler systems shall be in accordance with nationally recognized standards appropriate for the building being constructed.

603 Defensible space and Ember Ignition Zone

603.2 Fuel modification. When required, buildings or structures within the wildland-urban interface shall comply with the fuel modification distances contained in Table 603.2. For all purposes the fuel modification distance shall be not less than 30 feet (9144 mm) or to the lot line, whichever is less. Distances specified in Table 603.2 shall be measured on a horizontal plane from the perimeter or projection of the building or structure as shown in Figure 603.2. Distances specified in Table 603.2 are allowed to be increased by the code official because of a site-specific analysis based on local conditions and the fire protection plan.

Exception: An Ember Ignition Zone per Section 603.2.1 of this code is required in all areas of the Wildland-Urban Interface.

Table 603.2
Required Defensible Space

603.2.1 Ember Ignition Zone (EIZ). An area of five feet measured from the edge of the roof overhang that extends around the entire perimeter of the structure including covered decks and patios. Uncovered decks shall be measured from the side of the deck on all exposed sides. All buildings or structures located within the Wildland-Urban Interface shall be required to comply with Ember Ignition Zone (EIZ) requirements. The EIZ shall be landscaped using gravel, pavers, or other non-combustible materials. The EIZ shall be maintained free of all combustible materials at all times. The EIZ shall be maintained clear of all weeds, grass, plants, shrubs, trees, branches, and vegetative debris (leaves, needles, cones, bark, etc.). Combustible materials such as lawn furniture, door mats, combustible planter boxes, small storage cabinets, and/or similar materials shall not be located in the EIZ.

Exceptions:

1.

Protected and Heritage trees are allowed to remain within the EIZ of existing buildings and structures. Pruning or removal of Protected and Heritage trees within the EIZ shall comply with all requirements of the Land Development Code and the Environmental Criteria Manual. EIZ requirements are not a means by which Protected or Heritage trees may be approved for removal.

2.

For structures of Types I & II construction, the EIZ shall only be required in front of and 10 feet to each side of required egress points of the structure and fire systems access doors.

3.

Artificial turf shall not be used in the EIZ. Any use within defensible space shall have a Class A Rating per ASTM E108.

4.

Protective mulch for critical root zone (CRZ) is allowable during construction in the EIZ per Environmental Criteria Manual (ECM). Any protective mulch used shall be removed at the completion of construction.

5.

Properties within Proximity Zone C shall be allowed green, moist, and closely mowed lawn grass in lieu of hardscape in the EIZ. Dormant grass shall be seeded with perennial Rye grass to maintain the fire resistance during the lawn grass dormant periods.

603.2.2 Responsible party. Persons owning, leasing, controlling, operating, or maintaining buildings or structures requiring defensible spaces are responsible for modifying or removing and maintaining nonfire-resistive vegetation on the property owned, leased, or controlled by said person.

603.2.3 Trees. Trees that comply with Section 604.4 are allowed within a defensible space.

603.2.4 Ground cover. Deadwood, woody vegetation, and litter shall be regularly removed from and maintained around trees. Where vegetative fuels or cultivated ground cover, such as green grass, ivy, succulents or similar plants are used as ground cover, they are allowed to be within the designated defensible space, provided that they do not form a means of transmitting fire from the natural growth to any structure or tree canopy.

604 Maintenance of Defensible space and Ember Ignition Zone.

604.4 Trees. A person must maintain a tree within a defensible space to prevent fire from entering or spreading through canopies as set forth in City Code requirements. Pruning or removal of Protected and Heritage trees shall comply with all requirements of the Land Development Code and the Environmental Criteria Manual Section 3 (Tree and Natural Area Preservation). Defensible space requirements are not a means by which Protected or Heritage trees may be approved for removal. Overhead electric line clearance requirements set forth in the Utilities Criteria Manual Section 1 (Austin Energy Design Criteria) apply to a tree within a defensible space. Allowable tree pruning should focus on removal of limbs located under the eaves of structures, and limbs less than six feet (1829 mm) above the ground surface.

606.1 General. The storage of liquefied petroleum gas (LP-gas) and the installation and maintenance of pertinent equipment shall be in accordance with the Fire Code and NFPA 58.

606.2 Location of containers or tanks. LP-gas containers or tanks shall be located within the defensible space in accordance with the Fire Code and NFPA 58.

607.1 General. Firewood and combustible material shall not be stored in unenclosed spaces beneath buildings or structures, or on decks, or under eaves, canopies, or other projections or overhangs. Where required by the code official, storage of firewood and combustible materials shall be located not less than 20 feet (6096 mm) from structures and separated from the crown of trees by a horizontal distance of not less than 15 feet (4572 mm).

C101.1 Fire hazard severity form. Where required, Table C101.1 shall be used as an alternative for analyzing the fire hazard severity of building sites.

TABLE C101.1 FIRE HAZARD SEVERITY FORM

APPENDIX D. FUEL MODELS

As set forth in Section 3.2.1 of the Austin-Travis County Community Wildfire Protection Plan, fuel loads and fire behavior within the region are indicated by the following vegetation:

1.

Sparse, dry-climate grass, or grassland, is dominated by generally short grasses that may be sparse or discontinuous (Scott and Burgan 2005). Pastures are also considered grasslands.

2.

Aggrading juniper shrub fuel type is dominated by live oak-juniper and juniper savanna. It is present throughout the county. It includes both Ashe juniper (Juniperus ashei), predominantly in western Travis County, and eastern redcedar (Juniperus virginiana), predominately in eastern Travis County. Juniper scorch and mortality values by size class are nearly identical between these two Juniperus species (Engle and Stritzke 1995).

3.

Closed juniper woodland has sufficient canopy closure to limit growth of tall grass (18 inches or more tall) to less than 50 percent of the ground cover. Juniper, including Ashe juniper and/or eastern redcedar, and deciduous trees are the dominant vegetation types.

4.

Mixed juniper hardwood forest fuel type is 25-percent juniper, 75-percent deciduous class.

Source: Ord. No. 20200409-040, Pt. 2, 1-1-21; Ord. No. 20250410-041, Pt. 1, 7-10-25.

(A)

The International Property Maintenance Code, 2024 Edition, published by the International Code Council ("2024 International Property Maintenance Code") is adopted and incorporated by reference into this section with the deletions in Subsection (B) and amendments in Section 25-12-213(Local Amendments to the International Property Maintenance Code).

(B)

The following provisions of the 2024 International Property Maintenance Code are deleted. A subsection contained within a deleted section or subsection is not deleted, unless specifically listed below:

(C)

The city clerk shall retain a copy of the 2024 International Property Maintenance Code with the official ordinances of the City of Austin.

Source: Ord. No. 20171012-SPEC001, Pt. 1, 1-1-18/4-1-18; Ord. No. 20210603-060, Pt. 1, 9-1-21; Ord. No. 20250410-037, Pt. 1, 7-10-25.

Editor's note— Ord. No. 20250410-037, Pt. 1, effective July 10, 2025, repealed § 25-12-212, which pertained to Citations to the Property Maintenance Code and derived from Ord. No. 20171012-SPEC001, Pt. 1, 1-1-18/4-1-18; Ord. No. 20210603-060, Pt. 1, 9-1-21; Ord. No. 20250410-037, Pt. 1, 7-10-25.

The following provisions are local amendments to the 2024 International Property Maintenance Code. Each provision of this section is a substitute for any identically numbered provision of the 2024 International Property Maintenance Code deleted by Section 25-12-211(B) (Property Maintenance Code) or is an addition to the 2024 International Property Maintenance Code.

101.1 Title. These regulations are known as the City of Austin Property Maintenance Code and are referred to as the "Property Maintenance Code" or "this code."

102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, must be done in accordance with the procedures and provisions of Title 25(Land Development Code).

103.1 General. The City Manager must designate the department or departments charged with enforcement of this code.

103.2 Designation. The City Manager must designate a code official.

103.3 Inspectors. The code official may designate inspectors to assist with enforcement of this code. Such employees must have powers and duties delegated by the code official.

104.1 Costs. The City may assess a property owner for costs incurred to demolish, board, fence, secure, vacate, relocate occupants, repair, treat, remediate or similar action identified in this code. This includes the costs incurred because a property owner fails to comply with a Commission order. Unless exempted by the Texas Constitution, the expense incurred by the City under this code may be recorded as a lien against the real property on which the building, structure, or noncompliant condition is located, with interest on the unpaid balance to accrue at the maximum rate allowed by law.

104.2 Funds. Unless otherwise provided for or directed by a Commission order, a cost incurred by the city or its agent to repair, remediate, vacate, relocate occupants from, secure, or clean a structure, building, or property because an owner fails to comply with a Commission order must be paid from demolition funds budgeted by the city council.

105.2 Inspections. The code official is authorized to make inspections and may consider written inspection reports prepared and certified by approved agencies or individuals. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise.

105.3 Right of Entry. Whenever it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable or probable cause to believe that a violation exists in a structure or upon a premises, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties authorized by this code or City Code. An owner or other authorized individual may refuse to consent to an inspection conducted by the code official. If consent is refused, the code official may seek an administrative search warrant authorized by Article 18 of the Texas Code of Criminal Procedure (Search Warrants) and City Code Section 2-10-1(Jurisdiction and Authority). Nothing in this code limits the ability of the code official to inspect as necessary or as authorized by other law.

105.8 Commencement of Proceedings. Whenever the code official finds that a structure or premise is substandard or dangerous, the code official is authorized to begin proceedings to cause the repair, rehabilitation, vacation, demolition, removal, boarding or fencing or other means of closure of the building, structure, or premise.

105.9 Corrective Action. The code official is authorized to require the owner of the property or other responsible person to take action to correct a violation of this code. If the owner or other responsible person does not take corrective action within a specified time period, the code official may serve notice to the person(s) to appear before the Building and Standards Commission to show cause why the structure or premise should not be ordered repaired, boarded, fenced, vacated, occupants relocated, or demolished.

106.1 Appeal. A person affected by a notice may appeal the violation findings contained in the notice to the Building and Standards Commission.

106.2 Deadline to Appeal. An appeal must be submitted to the code official within 20 days from the date the notice is mailed by the City. It is presumed the City mailed the notice on the date printed on the notice.

106.3 Requirements. An appeal must be in writing and must contain a brief statement identifying the notice or action being appealed, setting forth any facts supporting the appeal, describing the relief sought, and presenting the reasons why the appealed notice or action should be reversed, modified or otherwise set aside. A request for additional time to comply with the notice due to financial inability or other extenuating circumstance is not a proper basis for appeal.

106.4 Effect of an appeal. Unless otherwise provided in this code or, in the opinion of the code official, a delay would present an immediate danger or unreasonable risk to any person or property, filing an appeal stays further City action under the notice being appealed.

107.1 Unlawful acts. A person that fails to comply with this code, a notice of violation issued under this code, or an order issued under this code commits an offense.

107.3 Prosecution of a violation. A violation of this code is a misdemeanor punishable as set forth in City Code Section 25-1-462(Criminal Enforcement). The filing of a criminal action does not preclude the pursuit of a civil, quasi-judicial, or administrative action for violation of this code.

108.4 Criminal Offense and Penalty. A person commits an offense if the person fails to comply with a stop work order issued by the code official. Each day that a person fails to comply with a stop work order is a separate occurrence. An offense under this section is a class C misdemeanor. The maximum penalty must be $500 per offense, per occurrence. Proof of a culpable mental state is not required for conviction of an offense under this section.

109.1 General. When the code official finds a structure, premise, or equipment is unsafe, is unfit for human occupancy, or is unlawful, such structure, premise, or equipment must be subject to the provisions of this code. If the code official finds a structure unsafe, the owner of the property shall provide an action plan for repairs to the code official and provide approved accommodations for the occupants of the structure within two days of receiving notice.

109.1.3 Structure Unsafe for Human Occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary, cooling facilities or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. If the code official finds a structure unsafe, the owner of the property shall provide an action plan for repairs to the code official and provide approved accommodations for the occupants of the structure within two days of receiving notice.

109.2 Closing of vacant structures. If a structure is determined to be unsafe, dangerous, or unfit for human habitation, the code official is authorized to post an unsafe or dangerous placard on the premises and shall order the structure to be secured so as not to be an attractive nuisance through any available public agency or by contract or arrangement by private persons. The cost thereof shall be charged against the real estate upon which the structure is located and shall be recorded as a lien upon such real estate and shall be collected by any other legal resource.

109.2.1 Utility Termination Authorized. The code official may request utility termination for a structure or premise as provided for under the applicable provisions of state law and City Code. Provisions of state law and City Code regarding notice and appeal of utility termination apply to a utility terminated under this section.

109.4 Notice to person responsible. Whenever the code official determines that a violation of this code exists or has grounds to believe that a violation exists, notice will be issued and served as set forth in applicable state law, City Code, and this code. Failure of the code official to serve any person required to be served does not invalidate any proceedings as to any other person properly served or relieve that person from any duty or obligation imposed by this code.

109.4.1 Form. A written notice directed to the owner of record and, if applicable, occupant of the structure or premise notice must:

1.

identify the structure or premise by street address, or provide a description sufficient for identification of the structure or premise;

2.

state that the code official has found the structure or premise to be substandard or dangerous, with a summary description of the applicable provisions of this code and the alleged violations;

3.

specify the corrective measures required to bring the structure or premise into compliance with applicable provisions of this code;

4.

provide a time period for compliance;

5.

include a description of the applicable appeal procedures; and

6.

include a provision stating that a translation will be provided on request if the recipient is not able to read the notice in English.

109.4.2 Method of Service. Required notices must be served via any method or combination of methods permitted in state law, City Code, and this code.

109.4.3 Property Manager. The code official may also provide a copy of any notice sent to a property owner to the manager of the property. On receipt of a copy of the notice under this section, a property manager must notify the owner of the specifics of the notice within 10 days and must make every reasonable effort to have the owner correct the violation.

109.6 Responsibility of Owner. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner or the owner's authorized agent shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official.

109.6.1 Responsibility of Purchaser. A purchaser of a premise subject to a notice, order, or other notification issued under this code and recorded in the real property records of the county where the property is located must comply with the terms of the notice, order, or other notification.

109.6.2 Effect of Transfer. A transfer of the property does not impact the validity of the notice, order, or other notification.

109.6.3 Duty to comply. A person has a duty to comply with the provisions, requirements, and prohibitions in this code even if the code official has not served the person with separate notice personally informing the person of the duty to comply with this code.

109.7 Placarding. A structure or premise vacated under this code will be placarded at each entrance and exit of the structure or premise. The placard must be in substantially the following form:

DO NOT ENTER
UNSAFE TO OCCUPY
IT IS UNLAWFUL TO REMOVE OR DAMAGE THIS NOTICE.
CODE OFFICIAL
CITY OF AUSTIN

109.7.1 Placard Removal. Until the required repair, abatement, demolition, or removal is complete, a person may not remove or damage the placard after it is posted by the code official. A required repair, abatement, demolition, or removal is complete when the code official releases the notice or order, or when the building official issues a certificate of occupancy for the structure.

109.8 Prohibited Occupancy. A person may not remain in or enter any building, structure, or premise that is subject to an order to vacate or is posted with a placard. A person may not induce, allow, or authorize another person to occupy a structure or premise that is subject to an order to vacate or that is posted with a placard.

109.8.1 Affirmative Defense. It is an affirmative defense to prosecution under this section if a person enters a structure or premise described above to repair, abate, demolish, or remove the structure or condition under an applicable permit.

110.1 Imminent danger. When, in the opinion of the code official, a condition exists that could cause serious or life-threatening injury or death in the near future, the code official is authorized to recommend the occupants to vacate the premises. A condition means a structure or part of a structure that has fallen or may fall; a structure or part of a structure that has collapsed or may collapse; the presence of explosives, explosive fumes or vapors, toxic fumes, gases, materials; or the presence of dangerous or defective equipment. If a premise is vacated due to an imminent danger, a notice reading as follows: "This Structure/Premise Is Unsafe To Occupy" must be posted at each entrance to such structure or premise.

110.2 Temporary Safeguards. The code official may secure a structure before a public hearing is held by the Commission if the code official determines that the structure violates this code; and is unoccupied or is occupied only by persons who do not have a lawful right of possession to the structure.

110.2.1 Notice.

1.

Before the 11th day after the date a structure is secured or repaired, the code official must give notice of the closure:

a.

by personal service to the owner; or

b.

by regular mail and certified mail, return receipt requested, to the owner at the owner's last known address; or

c.

if personal service cannot be obtained and the owner's post office address is unknown, by:

i.

publication at least twice within a 10-day period in a newspaper of general circulation in the county in which the structure is located, or

ii.

posting the notice on or near the front door of the structure.

2.

The notice must contain the following:

a.

an identification, which is not required to be a legal description, of the structure and the premise on which it is located;

b.

a description of the violations of this code or the City Code that are found at the structure;

c.

a statement that the code official has secured the structure or premise; and

d.

an explanation of the owner's right to request a hearing about any matter relating to the securing of the structure by the code official.

110.2.2 Appeal of Emergency Closure. The owner of a structure may appeal an emergency closure to the Commission. An appeal must be in writing and must be provided to the code official within 30 days after the date the code official secured the structure. Unless the appellant, in writing, requests or agrees to postpone the hearing on the appeal to a later date, a hearing on the appeal must be heard at the next available agenda date at which a quorum of the Commission is present.

110.2.3 Costs. The City may assess costs incurred for emergency closures under this code against the owner of the affected premise and, unless exempted under the Texas Constitution, may secure those costs with a lien against the affected premise.

110.5 Costs of Emergency Repairs. The City may assess costs incurred for emergency repairs under this code against the owner of the affected premise and, unless exempted under the Texas Constitution, may secure those costs with a lien against the affected premise.

110.6 Appeal of Emergency Repairs. The owner of a structure may appeal emergency repairs to the Commission. An appeal must be in writing and must be provided to the code official within 30 days after the date the code official repaired the structure. Unless the appellant, in writing, requests or agrees to postpone the hearing on the appeal to a later date, a hearing on the appeal must be heard at the next available agenda date at which a quorum of the Commission is present.

111.1 General. An owner must demolish and remove a structure, equipment, or property condition if the code official finds:

1.

the structure, equipment, or property condition so deteriorated, dilapidated, or out of repair as to be dangerous, unsafe, unsanitary, or otherwise unfit for human habitation or occupancy; and

2.

it is unreasonable to repair the structure, equipment, or property condition.

111.4 Salvage materials. If the City demolishes and removes a structure, then the City, or its agent, may sell the salvage and valuable materials at the highest price obtainable.

201.3 Terms defined in other codes. If a term is not defined in this code but is otherwise defined in Title 25(Land Development), the term has the meaning given in Title 25(Land Development).

201.5 Parts. Whenever the words "dwelling unit," "dwelling," "premises," "boarding house", "building," "rooming unit," "housekeeping unit" or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof."

202.1 Supplemental and replacement definitions. The definitions in this subsection apply throughout this code and supplement the definitions in Section 202 (General Definitions) of the 2024 International Property Maintenance Code, as published, unless the term is defined in both places, in which case the definition in this subsection replaces and supersedes the definition in Section 202 of the 2024 International Property Maintenance Code.

ACTION PLAN. A written plan that identifies the repairs that are needed, the timeline needed for repairs, alternative methods of compliance, and the projected finish date of the repair.

ACTIVITY. Constructing, enlarging, altering, repairing, moving, demolishing, erecting, installing, removing, converting, or replacing a structure, component of a structure, or any electrical, gas, mechanical, or plumbing system.

ADULT. A person 18 years of age or older.

BED AND BREAKFAST. The use of an owner-occupied single-family residential structure to provide limited meal service and rooms for temporary lodging for overnight guests in return for compensation.

BOARDING HOUSE. A structure, other than a hotel, where lodging and meals are provided for 16 or more adults on a weekly or longer basis in return for compensation. When used in this code, the term Boarding House includes fraternity and sorority houses, dormitories, residence halls, and transient boarding houses.

COMMISSION. The Building and Standards Commission described in Section 2-1-122(Building and Standards Commission) of the City Code.

COMMISSION ORDER. An order issued by the Commission.

COMPENSATION. Any money, thing of value, payment, consideration, reward, tip, donation, gratuity, or profit paid to, accepted, or received by the owner or operator of a lodging establishment; whether paid upon solicitation, demand or contract, or voluntarily, or intended as a gratuity or donation.

DANGEROUS. A condition that violates this code that could cause serious or life-threatening injury or death.

HOTEL. A structure or a part of a structure, in which there are guest rooms, rooming units, or apartments which may be rented on a daily basis and are used primarily for transient occupancy, and for which desk service is provided. In addition, one or more of the following services may be provided: maid, telephone, bellboy, or furnishing of linen. When used in this code, the term hotel includes a motel.

INFESTATION. The presence, within or contiguous to, a structure or premises of insects, scorpions, bed bugs, rodents, vermin, or other pests.

JUDICIAL ORDER. An order issued by a court of competent jurisdiction.

ORDER. A commission order or a judicial order.

PERSONALTY. Personal property that is not attached to real property.

PREMISE. A lot, plot or parcel of land, property, or easement. The term includes the structures located on the lot, plot or parcel of land, or easement.

SUBSTANDARD. A structure or premise that does not comply with this code.

SURCHARGE. The vertical load imposed on retained soil that may impose a lateral force in addition to the lateral earth pressure of retained soil.

202.2 Nuisance. Each of the following is declared to be a nuisance for purposes of this code:

1.

Any public nuisance known at common law or in equity jurisprudence.

2.

Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or on an unoccupied lot. This includes any abandoned wells, shafts, basements, or excavations; abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber, trash, fences, debris, or vegetation which may prove a hazard for inquisitive minors.

3.

Whatever is dangerous to human health or is detrimental to health, as determined by the health officer.

4.

Unsanitary conditions described in City Code Section 10-5-21(Duty to Maintain Property in a Sanitary Condition).

5.

A utility room not maintained free of flammable liquids, oil and grease, and other similar materials.

6.

Yards, courts, and vacant lots not maintained clean and free of holes, excavations, dead trees and tree limbs, sharp protrusions, and other objects, conditions and hazards that are reasonably capable of causing injury to a person.

7.

A manufactured residential building, mobile home, or tourist court not maintained in accordance with the provisions of this code, the manufacturer specifications under which the structure was constructed, or Title 25(Land Development) of the City Code.

301.4 General requirement to obtain a permit. After receiving written notice that an activity was conducted on the premises without the appropriate permit, an owner must obtain a permit for the activity that was conducted without the appropriate permit.

302.3 Sidewalks and driveways (common areas). All common areas, including, but not limited to, sidewalks, walkways, stairs, driveways, parking spaces, and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions.

302.6 Exhaust vents. Pipes, ducts, conductors, fans, dryer vents or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly on abutting or adjacent public or private property or that of another tenant.

302.6.1 Exhaust vents maintained. Pipes, ducts, conductors, fans, dryer vents, and blowers shall be maintained in good repair and be free from obstructions or debris.

304.3 Address Identification. A premise must be identified with address numbers that are legible and visible from the street or road. The address numbers must comply with the Fire Code and Fire Criteria Manual.

304.5 Foundation walls. Foundation walls and foundation skirting shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition to prevent the entry of rodents and other pests.

304.7 Roofs and drainage. All roof components shall be maintained in good repair and shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters, and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.

304.19 Gates. All exterior gates, components of a gate, operator systems, if provided, and hardware must be maintained in good condition.

305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure that they occupy or control in a clean and sanitary condition. Every owner of a structure containing a boarding house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.

305.1.1 Unsafe conditions. The following conditions violate this code and are declared unsafe:

1.

A structure or a component of a structure cannot perform as intended;

2.

A wall or column is not anchored to support a floor or roof;

3.

Structural members, including stairs, landings, decks, balconies, walking surfaces, handrails, and guardrails, cannot perform as intended;

4.

Structural members, including stairs, landings, decks, balconies, walking surfaces, handrails, and guardrails, are not anchored to support use of the structural member; or

5.

Any portion of the foundation system is not supported by footings, is not supported by adequate soil, has cracks or breaks, or is not adequately anchored.

Exception: If a person, using an approved method, establishes that the condition is safe, then the condition does not violate this code.

307.1 General. Handrails and guards shall be maintained in good repair and in accordance with the Building Code in effect at the time of construction.

307.3 Openings. Any openings in guards must be spaced in accordance with the Building Code in effect at the time of construction. If guards were not required at the time of construction, the openings must be spaced in a manner to prevent a four inch or larger sphere from passing between the openings.

309.1 Infestation. Structures shall be kept free from insect, scorpion, bed bug, and rodent infestation. Where insects, scorpions, bed bugs, and rodents are found, they shall be immediately exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate insect, scorpion, bed bug, and rodent harborage and prevent reinfestation.

309.1.1 Exception. The keeping, maintenance or management of common domestic honeybee colonies, Apis mellifera species, must be in accordance with City Code Chapter 3-6(Beekeeping).

309.4 Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a boarding house or a nonresidential structure shall be responsible for pest elimination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and owner shall be responsible for pest elimination.

401.3 Alternative devices. Artificial light or mechanical ventilation that complies with the applicable Building Code or Residential Code requirements is authorized as an alternative to the requirements for natural light and ventilation prescribed in Sections 402 and 403.

404.4.1 Room area. Except for qualifying efficiency units, a bedroom must contain at least 70 square feet; and a bedroom occupied by more than two adults must contain at least 120 square feet plus an additional 50 square feet for each adult in excess of three.

404.5 Unsafe occupancy. The number of persons occupying a dwelling unit must not create conditions that, in the opinion of the code official, endanger the life, health, safety, or welfare of the occupants.

501.3 General requirement to obtain a permit. After receiving written notice that an activity was conducted on the premises without the appropriate permit, an owner must obtain a permit for the activity that was conducted without the appropriate permit.

502.2 Boarding houses. Not less than one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units.

504.3 Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, back siphonage, improper installation, deterioration, or damage or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. If the code official finds a structure unsafe, the owner of the property shall provide an action plan for repairs to the code official and provide approved accommodations for the occupants of the structure within two days of notice.

505.1 General requirements for water systems. A sink, lavatory, bathtub or shower, drinking fountain, water closet, or other plumbing fixture must be properly connected to either a public water system or to an approved private water system. A kitchen sink, lavatory, laundry facility, bathtub, and shower must be supplied with hot or tempered and cold running water in accordance with the Plumbing Code.

505.4 Water heating facilities. A water heating facility must be properly installed, maintained and capable of providing an adequate amount of water to be drawn at each sink, lavatory, bathtub, shower, and laundry facility at a temperature of not less than 110°F (43°C). If the code official finds a structure unsafe, the owner of the property shall provide an action plan for repairs to the code official and provide approved accommodations for the occupants of the structure within two days of notice.

505.4.1 Compliance. A water heating facility in a structure with one or more dwelling units complies with the requirement in Section 505.4 if the temperature of the water drawn at the kitchen sink reaches 110°F (43°C) within three minutes.

505.4.2 Valves. A relief valve discharge pipe and approved combination temperature and pressure-relief valve must be properly installed and maintained on water heaters.

505.4.3 Gas-burning water heater. Unless installed in a sealed enclosure with adequate combustion air that does not take air from the living space, a gas-burning water heater must not be located in a bathroom, toilet room, bedroom, or other occupied room that is normally kept closed when in use. Direct vent water heaters are not required to be installed within an enclosure.

601.3 General requirement to obtain a permit. After receiving written notice that an activity was conducted on the premises without the appropriate permit, an owner must obtain a permit for the activity that was conducted without the appropriate permit.

602.2 Residential occupancies. Heating facilities that are capable of maintaining a room temperature of 68°F (20°C) in habitable spaces, bathrooms, and toilet rooms are required in each dwelling unit. Cooking appliances and unvented fuel-burning space heaters cannot be used to meet or maintain the room temperature required by this section. A portable electric space heater may be used on a temporary basis if used consistent with manufacturer's specifications. If the code official finds a structure unsafe, the owner of the property shall provide an action plan for repairs to the code official and provide approved accommodations for the occupants of the structure within two days of notice.

602.3 Heat supply. An occupied commercial structure that includes dwelling units or sleeping units must maintain a temperature of at least 68°F (20°C) in all habitable areas, bathrooms, and toilet rooms.

602.4 Occupiable workspaces. Except as otherwise provided, an occupied commercial structure with indoor occupiable workspaces must maintain a temperature of not less than 65°F (18°C) during the period the spaces are occupied.

602.4.1 Processing, storage, and operation. A commercial structure with areas that require cooling or special temperature conditions are not required to maintain the temperature in Section 602.4.

602.4.2 Physical activities. Areas within a commercial structure where persons are primarily engaged in vigorous physical activities are not required to maintain the temperature in Section 602.4.

603.7 Cooling Facilities Required.

(A)

An owner shall:

(i)

Provide and maintain, in operating condition, refrigerated air equipment capable of maintaining a room temperature of at least 15 degrees cooler than the outside temperature, but in no event higher than 85°F in each habitable room.

(ii)

Maintain all air conditioning systems, including air conditioning unit covers, panels, conduits, and disconnects, properly attached, and in operating condition.

(B)

The required room temperature shall be measured three feet (914 mm) above the floor near the center of the room and two feet (610 mm) inward from the center of each exterior wall.

(C)

It is a defense to prosecution under this paragraph that at least one habitable room is 85°F, if the outside temperature is over 110°F.

604.2 Service. In accordance with NFPA 70, the size and usage of appliances and equipment determines the need for additional electrical facilities. If the electrical system is defective or damaged, a dwelling unit must be served by an electrical service with a rating of at least 100 amperes.

604.3 Electrical System hazards. If the code official finds that the electrical system in the structure constitutes a hazard to the occupants or the structure by reason of inadequate service, the owner of the property shall provide an action plan for repairs to the code official and provide approved accommodations for the occupants of the structure within two days of receiving notice.

604.3.1.1 Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers, low-voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that are exposed to water must be replaced in accordance with the provisions of the Electrical Code.

Exception: The following equipment may be repaired when an inspection report from the equipment manufacturer or approved manufacturer's representative indicates that the equipment has not sustained damage that requires replacement:

1.

Enclosed switches, rated 600 volts or less;

2.

Busway, rated 600 volts or less;

3.

Panelboards, rated 600 volts or less;

4.

Switchboards, rated 600 volts or less;

5.

Fire pump controllers, rated 600 volts or less;

6.

Manual and magnetic motor controllers;

7.

Motor control centers;

8.

Alternating current high-voltage circuit breakers;

9.

Low-voltage power circuit breakers;

10.

Protective relays, meters and current transformers;

11.

Low- and medium-voltage switchgear;

12.

Liquid-filled transformers;

13.

Cast-resin transformers;

14.

Wire or cable that is suitable for wet locations and whose ends have not been exposed to water;

15.

Wire or cable, not containing fillers, that is suitable for wet locations and whose ends have not been exposed to water;

16.

Luminaires that are listed as submersible;

17.

Motors; and

18.

Electronic control, signaling and communication equipment.

604.3.2.1 Electrical equipment. Electrical switches, receptacles and fixtures, including furnace, water heating, security system and power distribution circuits that are exposed to fire, must be replaced in accordance with the provisions of the Electrical Code.

Exception: Electrical switches, receptacles and fixtures may be repaired where an inspection report from the equipment manufacturer or approved manufacturer's representative indicates that the equipment has not sustained damage that requires replacement.

605.3 Luminaires. Luminaires must be maintained in good condition and in accordance with the applicable code(s) in effect at the time of construction.

605.4 Wiring. Except as otherwise provided, flexible cords, including extension cords, must not be:

1.

Used for permanent wiring;

2.

Used for running through doors, windows, or cabinets; or

3.

Concealed within walls, floors, or ceilings.

Exception: A flexible cord used as permanent wiring, for running through doors, windows, or cabinets, or to be concealed within walls, floors, or ceilings complies with this code if the flexible cord was manufactured for such use and was installed as part of a project permitted by the City. For purposes of this exception, a project permitted by the City means the project passed all required inspections, was completed by a licensed electrician, and was installed consistent with the manufacturer's specifications.

702.1 General requirements for egress. A safe, continuous, and unobstructed path of travel must be provided from any point in a structure to the public right-of-way. Means of egress must comply with this code as well as applicable provisions of the Fire Code, the Building Code, and the Residential Code.

702.2 Aisles. Aisles must be unobstructed to achieve the width required in the Fire Code, the Building Code, and the Residential Code.

702.3 Locked doors. Except for door hardware that conforms to the applicable Building, Fire, or Residential Code, doors used for egress must be readily openable from the side used to exit a structure. Readily openable means a door that can be opened without the need for keys, special knowledge, or effort.

702.4 Emergency escape openings. Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction, and the following:

1.

Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools.

2.

Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening.

702.5 Additional emergency escape, and rescue opening requirements. Unless the sleeping room(s) meet a specific exception of the code under which the structure was constructed, sleeping rooms in R-2 and R-3, one- and two-family and multiple-family occupancy groups must have at least one emergency escape and rescue opening. An existing escape or opening complies with this code if:

1.

the existing emergency escape and rescue opening meets the minimum height and width dimensions, openable area and the maximum sill height requirement of the code(s) under which the structure was constructed; or

2.

at the time of construction no code was in effect, an existing emergency escape and rescue opening satisfies this code if it has:

a.

a minimum net clear openable area of 5 square feet (0.465 m ² ),

b.

a minimum net clear opening height of 22 inches (559 mm),

c.

a minimum net clear opening width of 20 inches (457 mm), and

d.

a sill height not greater than 48 inches (1219 mm) above the floor; or

3.

it meets an alternative method of compliance described in Section 702.5.1.

702.5.1 Alternate Method of Compliance for existing emergency escape and rescue openings. An alternate method of compliance for a sleeping room with an emergency escape and rescue opening that does not meet the requirements referenced in Section 702.5 is to install hard-wired, dual chamber smoke alarms with battery backup capability that are served with primary power from the structure wiring. The smoke alarms must be installed inside and outside of the sleeping room and must be interconnected through either wired or wireless interconnection.

704.1 General requirements for fire protection systems. All systems, devices, and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination must be maintained in an operable condition at all times in accordance with the applicable requirements in Chapter 25-12(Technical Codes).

CHAPTER 9 QUASI-JUDICIAL ENFORCEMENT.

SECTION 901 BUILDING AND STANDARDS COMMISSION.

901.1 Purpose. The Building and Standards Commission is established to hear cases concerning alleged violations of City Code related to the condition of, and minimum standards for, the maintenance of existing residential and nonresidential structures, premises, property, and establishments; and to hear appeals when required by City Code and this code. The Commission has the powers and duties under this code, Section 2-1-122(Building and Standards Commission) and applicable state law.

901.2 Duties. The Commission shall hear and decide cases concerning alleged violations of this code and appeals as required by this code and City Code. The Commission shall issue orders regarding the cases, as appropriate. The Commission shall hear evidence from each party that attends a hearing. Each order that requires removing or relocating an occupant or repairing, securing, or demolishing a structure must include a time period for compliance.

901.3 Powers. The Commission may order or initiate any action, remedy, response, security, or penalty within its authority under applicable state law, this code, or City Code, including:

1.

ordering a structure be repaired within a fixed period;

2.

declaring a structure or premise to be substandard or dangerous in accordance with the powers granted under state law, City Code, and this code;

3.

ordering, as necessary:

a.

that a structure be vacated;

b.

that occupants be relocated;

c.

that persons or property be removed from private property;

d.

entry on private property; or

e.

that a substandard or dangerous condition or structure on private property be removed or demolished.

4.

issuing orders or directives to any peace officer of the state, including the Austin Chief of Police, a sheriff, or constable, to enforce and carry out the lawful orders or directives of the Commission;

5.

determining the amount and duration of the civil penalty allowed under state law;

6.

hearing and deciding appeals which may be taken to the Commission; and

7.

considering and recommending amendments to the City's housing and building regulations or ordinances.

901.4 Rules. The Commission shall adopt rules for its own procedure. The rules shall establish procedures to provide opportunity for presentation of evidence and testimony in its hearings by persons who are alleged to have violated ordinances.

901.5 Meetings. Meetings of the Commission are held at the call of the Chairperson and at other times as the Commission may determine. The Chairperson, or the Acting Chairperson in the absence of the Chairperson, may administer oaths and compel the attendance of witnesses. Six members constitute a quorum and the concurring vote of six members is necessary to take any action. The Commission must render all decisions and findings in writing in accordance with the applicable requirements of state law and City Code.

901.6 Records. The Commission shall keep records of its minutes, hearings, decisions, and other official actions. The Commission's minutes shall show the vote of each Commission member on each question submitted to the Commission and the fact that a member is absent or fails to vote. Commission records shall be filed in the office of the code official.

901.7 Notice. Notice and any required recordation of all Commission hearings, orders, or actions must be posted, filed, served, accomplished or disseminated in accordance with the applicable provisions of state law and City Code.

901.8 Orders. A Commission order is final unless appealed in accordance with Chapters 54 and 214 of the Texas Local Government Code. Except for appeals related to temporary safeguards, a Commission order does not include appeals.

901.9 Civil Penalty. The Commission is authorized to determine the amount and duration of the civil penalty allowed under state law. The filing of a criminal action or a conviction under Section 902.1 does not preclude assessment or enforcement of the civil penalty.

901.10 Satisfaction of Civil Penalty.

901.10.1 Applicability. This section applies to a civil penalty assessed under Section 901.9 of this code for violations relating to:

1.

a structure that is designated as an historic landmark or located in a designated historic district; or

2.

a residential structure with three or fewer dwelling units.

901.10.2 Offset Provision. The code official must accept as full payment of the civil penalty an amount equal to the assessed penalty minus the cost to complete repairs or other corrective action required by the Commission order establishing the penalty if:

1.

all repairs or other corrective action required by the Commission order establishing the penalty have been completed;

2.

the code official has determined that all repairs or other corrective action comply with City regulations; and

3.

the City has not initiated a lawsuit based on the Commission order assessing the penalty.

901.10.3 Evidence. A person that seeks an offset must provide evidence to the code official of the cost of repairs or other corrective action required by a Commission order.

901.10.4 Determination. The code official must determine whether the evidence, as that term is used in Section 901.10.3, is associated with a repair or other corrective action ordered by the Commission. The determination by the code official may not be appealed.

901.11 Validity of Order Not Affected by Transfer. When a Commission order has been filed in the deed records, the Commission order is valid even if the property is sold or otherwise transferred. A person who acquires an interest in property after a Commission order is recorded is subject to the requirements of the Commission order. Each Commission order must include the text of this provision.

SECTION 902 FAILURE TO COMPLY WITH A COMMISSION ORDER.

902.1 Criminal Offense and Penalty. A person commits an offense if the person fails to comply with a final order issued by the Commission. Each day that a person fails to comply with a final order is a separate occurrence. An offense under this section is a class C misdemeanor. The maximum penalty must be $500 per offense, per occurrence. Proof of a culpable mental state is not required for conviction of an offense under this section.

SECTION 903 PERFORMANCE OF WORK REQUIRED FOR COMPLIANCE WITH A COMMISSION ORDER.

903.1 Demolition and Remediation authorized. In addition to any other remedy provided in this section, and on the failure of the owner to comply with any predicate or requirement of a Commission order, the code official may perform, procure, or contract for any work, services, materials, accommodations, or action required of the property owner by the Commission order. This includes engineering surveys or inspections, cost estimates, construction scheduling, asbestos testing, design services, plan preparation, permitting, fencing, stabilization, grading, filing, draining, the closure of a building, the vacation and relocation of occupants, the removal of personalty or disposal of debris, and the treatment or cleaning of the premises and the lot.

903.2 Personalty on the Premises. A property owner is responsible for removing personalty from a structure that must be vacated or demolished. If the City or its agent demolishes the structure, the personalty remaining on the property is considered abandoned and may be removed by the City or its agent in the same manner as other rubbish or debris.

CHAPTER 10 LANDLORD/TENANT RELATIONSHIPS.

1001 Responsibility of Landlord. The owner of a building, structure, or property remains responsible for compliance with this Code notwithstanding any rental or other agreement purporting to give tenants or other third parties certain duties or responsibilities with respect to the building, structure, or property.

1002 Retaliation.

1002.1 Prohibited. A property owner, owner's agent, management company, or other person responsible for managing a property commits an offense if the property owner, owner's agent, management company, or other person responsible for managing a property raises a tenant's rent, diminishes services to the tenant, or attempts eviction for reasons other than nonpayment of rent or other good cause for six months after a complaint is filed by the tenant with the code official complaining of violations of this code or for six months after completion of repairs required by a notice or order issued under this code, whichever time period is longer.

1002.2 Penalty. Unless a culpable mental state is established, a violation of Section 1002 (Retaliation) is an offense, punishable by a fine not to exceed $500 per occurrence. If proof of a culpable mental state is established, a violation of Section 1002 (Retaliation) is punishable by a fine not to exceed $2,000 per occurrence.

1002.3 Affirmative Defense. It is an affirmative defense to prosecution under Section 1002 (Retaliation) if the action was:

1.

an increase in rent under an escalation clause for utilities, taxes, or insurance in a written rental agreement;

2.

an increase in rent or reduction in services against the complaining tenant which are a part of a pattern of rental increases or service reductions uniformly applied for an entire multifamily dwelling project of four or more units; or

3.

an increase in rent that is reasonably related to repairs or improvements actually made by the landlord after a complaint has been filed and which do not cause the total rent to exceed fair market value of the premises. However, no rental increase may be made until the structure is in full compliance with any notice or order issued under this code.

CHAPTER 11 INTERFERENCE WITH REPAIR OR DEMOLITION WORK PROHIBITED.

1101 GENERAL. No person must obstruct, impede, or interfere with work performed by any of the following individuals for purposes of boarding, securing, repairing, vacating, or demolishing a building, structure, or property under the provisions of this code, or in performing a necessary act preliminary or incidental to work authorized under this code:

1.

a peace officer;

2.

a City employee;

3.

a City contractor;

4.

an authorized representative of the City;

5.

a person who owns or holds an estate or interest in a building, structure, or property; or

6.

a person to whom such a structure has been lawfully sold under this code.

CHAPTER 12 [Reserved for Expansion].

CHAPTER 13 REGULATED LODGING ESTABLISHMENTS.

1301 Inspections. The code official must make inspections to determine the condition of boarding houses, hotels, and bed and breakfast establishments located within the City, to ensure compliance with this chapter and other applicable laws. For the purpose of making inspections, the code official or the code official's representative may enter, examine, and survey, at all reasonable times, all buildings, dwelling units, guest rooms, and premises on presentation of the proper credentials. An owner or other authorized individual may refuse to consent to an inspection conducted by the code official. If consent is refused, that refusal is grounds for suspension of any current license, or denial of any license renewal associated with or assigned to that boarding house, hotel, or bed and breakfast establishment. The code official may seek an administrative search warrant authorized by Article 18 of the Texas Code of Criminal Procedure (Search Warrant) and City Code Section 2-10-1(Jurisdiction and Authority). Nothing in this code limits the ability of the code official to inspect as necessary or as authorized by other law.

1302 Licenses and permits required. No person may operate a boarding house, hotel, or bed and breakfast establishment unless a license for the operation, in the name of the owner or operator and for the specific dwelling unit, partial unit, accessory unit, building, structure, or property used, has been issued by the code official and is currently valid and in good standing. Unless specifically exempted by the provisions of Chapter 10-3(Food and Food Handlers), each regulated lodging establishment that provides meals or food service is required to have a permit as a food service establishment issued by the Health Authority.

1303 Leasing, renting, or advertising units or rooms in an unlicensed hotel, boarding house, or bed and breakfast establishment is an offense.

(A)

An owner, manager, operator, or person in control of a hotel, boarding house, or bed and breakfast establishment commits an offense if the owner or other person leases, rents, advertises, promotes, or otherwise solicits or induces occupancy of a room, structure, dwelling unit, or partial unit in a hotel, boarding house, or bed and breakfast establishment which does not have a valid license issued and displayed as required by this chapter or as required by Title 25(Land Development).

(B)

A person may not advertise or promote a licensed establishment without including the license number assigned to the establishment by the city in the advertisement or promotion.

(C)

Each day that an owner, manager, operator, or other person in control of the property leases, rents, advertises, promotes, or otherwise solicits or induces occupancy of a room in a hotel, boarding house, or bed and breakfast establishment which does not have a valid license issued, disclosed, and displayed as required by this chapter is a separate occurrence. An offense under this section is a class C misdemeanor, punishable by a fine not to exceed $500 per offense, per occurrence, unless proof of a culpable mental state is proven. If proof of a culpable mental state is demonstrated, an offense under this section is punishable by a fine not to exceed $2,000 per occurrence.

(D)

It is an affirmative defense to a violation of Section 1303 if the advertisement or promotion conspicuously disclosed that reservation, occupancy, or rental of the facility is contingent on a pending city licensure application.

1304 Application. An application for a license required by this chapter must be in writing and submitted to the code official. To be considered complete, the application must include all information and documentation required by the Land Development Code regulations specific to the use type or indicated as required by the code official and this code.

1305 Fee. Each application for a hotel, motel, boarding house, or bed and breakfast establishment license must be accompanied by the payment of a fee in an amount established by separate ordinance. A regulated lodging establishment fee must be prorated on a quarterly basis.

1306 Issuance. A boarding house, hotel, or bed and breakfast establishment license must be issued by the code official after the code official determines that the owner or operator has complied with all applicable ordinances and rules. A license must not be issued or renewed by the code official for any applicant or location in the absence of proof of the applicant or location's substantial compliance with all applicable local hotel occupancy tax rules and regulations.

1307 License suspension.

(A)

Except as provided in subsection (D), whenever the code official finds on inspection of the physical premises or review of applicable records of any boarding house, hotel, or bed and breakfast establishment that conditions or practices exist that violate any provision of the Property Maintenance Code, City Code, or any rule or regulation adopted under this code, or that the establishment has failed to comply with any provision, prohibition, or requirement related to the registration, reporting, collection, segregation, accounting, disclosure, or payment of local hotel occupancy taxes, the code official must give written notice to the owner of the property and the operator of the boarding house, hotel, or bed and breakfast establishment that unless the violations are corrected by an identified deadline, the license must be suspended.

(B)

At the end of the time provided for correction of the violation(s), the code official must re-inspect the location or records of the boarding house, hotel, or bed and breakfast establishment and, if the conditions or practices have not been corrected, must suspend the license and give written notice to the licensee that the license has been suspended.

(C)

On receipt of notice of suspension, the licensee must immediately stop operation of the boarding house, hotel, or bed and breakfast establishment, and no person may occupy for sleeping or living purposes any rooming unit therein. The notice required by this subsection must be served in accordance with the notice provisions of applicable law.

(D)

The code official may immediately suspend a license if the code official determines that the license was issued in error. A suspension is effective until the code official determines that the licensee has complied with the requirements of the City Code or any rule or regulation adopted under this code. The code official must give written notice to the owner of the property and the operator of the establishment that the license is suspended.

1308 Appeals.

(A)

The following actions of the code official may be appealed to the Building and Standards Commission as provided in this code: the denial of an application for a license to operate a boarding house, hotel, or bed and breakfast establishment; the suspension of a license to operate a boarding house, hotel, or bed and breakfast establishment; and the issuance of a notice that a license to operate a boarding house, hotel, or bed and breakfast establishment will be suspended unless existing conditions or practices are corrected.

(B)

An appeal filed under this section must be filed with the code official no later than the 20th day following the date on which the license was denied or suspended, or notice of violation was received. The appeal must identify each alleged point of error, facts and evidence supporting the appeal, reasons why the action of the code official should be set aside, modified, or reversed, and must be sworn. The appeal must be set for hearing before the Commission on the next available agenda date following receipt of the appeal and must be heard following setting on the scheduled agenda if a quorum is present at the hearing, unless the appellant requests a later date and waives the scheduled hearing.

(C)

An appeal of under this section does not stay enforcement of license requirements.

1309 Expiration.

Each boarding house, hotel, motel, or bed and breakfast establishment license expires at the end of the calendar year for which the license is issued, unless prior to the end of the calendar year, the license is voided, suspended, or revoked as provided in this chapter, as provided in another section of City Code, or by court order, or other operation of law.

1310 Transfer and notice on sale of premises. A license issued under this chapter is not transferable. Every person holding a license must give written notice to the code official no later than 10 days before the conveyance, transfer, or any other disposition of the ownership of, interest in, or control of any boarding house, hotel, or bed and breakfast establishment. The notice must include the name and address of the person succeeding to the ownership or control of the boarding house, hotel, or bed and breakfast establishment.

1311 Display. The license required by this chapter must be displayed at all times in a conspicuous place designated by the code official within each boarding house, hotel, or bed and breakfast establishment.

Source: Ord. No. 20171012-SPEC001, Pt. 1, 1-1-18/4-1-18; Ord. No. 20210603-060, Pt. 1, 9-1-21; Ord. No. 20250410-037, Pt. 1, 7-10-25.

(A)

The International Existing Building Code, 2024 Edition, published by the International Code Council ("2024 International Existing Building Code") is adopted and incorporated by reference into this section with the deletions in Subsection (B) and the amendments in Section 25-12-233(Local Amendments to the International Existing Building Code).

(B)

The following sections of the 2024 International Existing Building Code are deleted.

(C)

The city clerk shall retain a copy of the 2024 International Existing Building Code with the official ordinances of the City.

Source: Ord. No. 20170928-096, Pt. 2, 1-1-18; Ord. No. 20210603-059, Pt. 2, 9-1-21; Ord. No. 20250410-045, Pt. 2, 7-10-25.

In the City Code, "Existing Building Code" means the 2024 International Existing Building Code adopted in Section 25-12-231(International Existing Building Code), as amended by Section 25-12-233(Local Amendments to the International Existing Building Code). In this article, "this code" means the Existing Building Code.

Source: Ord. No. 20170928-096, Pt. 2, 1-1-18; Ord. No. 20210603-059, Pt. 2, 9-1-21; Ord. No. 20250410-045, Pt. 2, 7-10-25.

Each provision in this section is a substitute for the identically numbered provision deleted in Section 25-12-231(B) (International Existing Building Code) or is an addition to the 2024 International Existing Building Code.

SECTION 103 CODE COMPLIANCE AGENCY.

[A] 103.1 Authority. The building official administers, enforces, and interprets this code. The building official may designate one or more deputy building officials.

105.1.1 Annual permit. Instead of an individual permit for each alteration to an already approved electrical, gas, mechanical or plumbing installation, and minor building alterations and repairs, the building official is authorized to issue an annual permit upon application therefor to any person, firm or corporation regularly employing one or more qualified trade persons in the building, structure or on the premises owned or operated by the applicant for the permit. The facility shall maintain records on all work performed under the annual permit in accordance with Section 105.1.2 (Annual Permit Records).

105.1.1.1 Authorized Scope of Work. See Building Criteria Manual, Section 1.1.2 (Building Inspection Processes) for authorized work under the annual permit.

105.5 Time Limits.Chapter 25-12, Article 13 (Administration of Technical Codes) establishes permit application time limits and requirements applicable to permit expiration and reactivation, including a review fee for expired permits.

106.2.6 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. For a building or structure involving below-grade construction, the site plan shall show the location of proposed earth retention system components allowed under Section 3202.1.4 (Earth Retention System Components) of the Building Code. The building official is authorized to waive or modify the requirement of the site plan when the application for permit is for alteration, repair or change of occupancy when otherwise warranted.

111.3 Authority to Disconnect Service Utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards in case of emergency where necessary to eliminate an immediate hazard to life or property, where one or more circumstances listed in Section 15-9-101(A)(2) (Basis for Termination of Service) exist, or where such utility connection has been made without the approval required by Section 112.1 or Section 112.2. The building official shall provide notice in accordance with Section 15-9-106(Notice of Service Disconnection) of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or the owner's authorized agent or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter in accordance with Section 15-1-106 (Notice of Service Disconnection).

SECTION 112 BUILDING AND FIRE CODE BOARD OF APPEALS. The Building and Fire Code Board of Appeals shall comply with Chapter 2-1(Boards and Commissions).

Source: Ord. No. 20170928-096, Pt. 2 , 1-1-18; Ord. No. 20210603-059, Pt. 2, 9-1-21; Ord. No. 20250410-045, Pt. 2, 7-10-25.

(A)

The International Residential Code for One- and Two-Family Dwellings, 2024 Edition, published by the International Code Council ("2024 International Residential Code") and Appendices BA, BB, BF, BI, BJ, BK, BL, BM, and BO are adopted and incorporated by reference into this section with the deletions in Subsections (B), (C), and (D) and the amendments in Section 25-12-243(Local Amendments to the International Residential Code).

(B)

The following definitions, parts, sections, and subsections of the 2024 International Residential Code are deleted:

(C)

The city clerk shall file a copy of the 2024 International Residential Code with the official ordinances of the City.

Source: Ord. No. 20170406-048, Pt. 1, 7-5-17; Ord. No. 20210603-054, Pt. 1, 9-1-21; Ord. No. 20250410-040, Pt. 1, 7-10-25.

In the City Code, "Residential Code" means the 2024 International Residential Code adopted in Section 25-12-241(International Residential Code) as amended by Section 25-12-243(Local Amendments to the International Residential Code). In this article, "this code" means the Residential Code.

Source: Ord. No. 20170406-048, Pt. 1, 7-5-17; Ord. No. 20210603-054, Pt. 1, 9-1-21; Ord. No. 20250410-040, Pt. 1, 7-10-25.

Each provision in this section is a substitute for the identically numbered provision deleted in Section 25-12-241(B), (C), and (D) (International Residential Code) or is an addition to the 2024 International Residential Code.

R101.2.2 Plumbing. The provisions of the International Plumbing Code and the Plumbing Code apply when a person installs, alters, repairs, and replaces plumbing systems, including equipment, appliances, fixtures, fittings, and appurtenances, and where connected to a water or sewage system. The Plumbing Code supersedes the International Plumbing Code to the extent of conflict.

Exception:

1.

A residential fire sprinkler system shall be designed and installed as required by Section P2904 and shall comply with the Fire Code. Backflow prevention shall be provided as required by the Plumbing Code.

2.

Chapter 30 (Sanitary Drainage), Chapter 31 (Vents), and Chapter 32 (Traps) in the 2024 International Residential Code may apply to tiny houses used as single-family homes to the point of the building drain and the building sewer junction. Water conservation and backflow prevention requirements shall comply with the Plumbing Code.

R101.2.3 Building Criteria Manual. Additional information on procedures and rules related to administering the Residential Code is available in the Building Criteria Manual.

R101.2.4 Persons authorized to obtain permits for mechanical work. Except as otherwise provided in Section R105 (Permits), only an air conditioning and refrigeration contractor licensed by the State of Texas to perform mechanical work and registered with the City may obtain a permit required by the Residential Code to perform mechanical work.

R104.10 Flood Hazard Areas. A request for a variance to a flood hazard area requirement is decided in accordance with Chapter 25-12, Article 3 (Flood Hazard Areas).

R105.2 Work Exempt from Permit. A permit is not required for the work described in this provision. Work exempt from a permit must still comply with this code and all other applicable laws and City Code requirements.

Building:

1.

A one-story detached accessory structure that is no more than 200 square feet (18.58 m ² ) of floor area, no more than 15 feet (4,572 mm) in height, does not create a dwelling, contains no plumbing, and is not located within a flood hazard area.

2.

Unless located within a flood hazard area, a fence that is not over seven feet (2,133.6 mm) high.

3.

Unless supporting a surcharge or located within a flood hazard, a retaining wall that is not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall.

4.

A water tank that is supported directly upon grade if the tank's capacity does not exceed 5,000 gallon and the ratio of height to diameter or width does not exceed 2 to 1, and the tank is not located within a flood hazard area.

5.

A sidewalk, driveway or concrete flatwork that is not located in the public right-of-way.

6.

Painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work.

7.

A swimming pool that is prefabricated and less than 24 inches (610 mm) deep. Anything not covered under Section 801.1 (General) of the 2024 International Swimming Pool and Spa Code will be exempt.

8.

Playground equipment, including a swing.

9.

A window awning that does not project more than 54 inches (1,372 mm) from the exterior wall and the only required support is the exterior wall.

10.

Decks that meet the following criteria:

a.

Do not exceed an area of 200 square feet (18.58 m ² );

b.

Do not exceed a height of 30 inches (762 mm) above grade at any point;

c.

Are not attached to a dwelling or townhouse;

d.

Do not provide egress from the dwelling; and

e.

Are not located within a flood hazard area.

11.

A gypsum board repair that does not exceed 128 square feet, is not part of a fire resistance rated construction assembly, a shear-wall assembly, or a tub and shower surround.

12.

Asphalt shingles that replace existing asphalt shingles, unless the property is located in the Wildland-Urban Interface area and 50 percent or more of the roofing is being replaced.

13.

Replacement of any roof covering that does not adversely affect the roof structure, unless the property is located in the Wildland-Urban Interface area and 50 percent or more of the roofing is being replaced.

14.

A foundation repair that does not exceed 128 square feet.

15.

A floor decking repair that does not exceed 128 square feet.

16.

A non-structural exterior deck repair that is limited to the existing deck boards and does not include guardrails or handrails.

17.

Repairing or replacing exterior trim components including wood fascia, trim, and soffits.

18.

Siding that does not exceed 128 square feet and is not part of a fire-resistance rated assembly.

19.

Roof decking that does not exceed 128 square feet.

20.

Replacing or installing an overhead garage door on a garage.

21.

Replacing doors of same size and operation.

22.

Other work as determined by the building official.

Mechanical:

1.

A portable heating appliance.

2.

A portable ventilation appliance.

3.

A portable cooling unit.

4.

A steam, hot- or chilled-water pipe within heating or cooling equipment regulated by the Residential Code.

5.

Replacing a minor part of equipment that does not alter its approval or make it unsafe.

6.

A portable evaporative cooler.

7.

A self-contained refrigeration system that contains 10 pounds (4.54 kg) or less of refrigerant or that is actuated by motors of one horsepower (746 W) or less.

8.

A portable-fuel-cell appliance that is not connected to a fixed pipe system and is not interconnected to a power grid.

9.

Replacing supply and return duct runs.

10.

Replacing an exhaust or dryer duct run measuring less than 15 feet (4,572 mm) in length.

11.

Increase the number of supply registers within existing duct run.

12.

Other work as determined by the building official.

R105.3.1.1 In flood hazard areas, determination of substantially improved or substantially damaged existing buildings. For an application to reconstruct, rehabilitate, add or otherwise improve an existing building or structure located in a flood hazard area, the building official shall examine or require another to examine the construction documents and shall prepare a finding with regard to the value of the proposed work. If the work is a substantial improvement as defined in Section R202 (Definitions), the proposed work shall comply with Chapter 25-12, Article 3 (Flood Hazard Areas).

R105.5 Time Limits. Article 13 (Administration of Technical Codes) of Chapter 25-12 establishes permit application time limits and requirements applicable to permit expiration and reactivation, including a review fee for expired permits.

R105.10 Registration. An air conditioning and refrigeration contractor shall register with the City before performing any work regulated by this code.

R106.1.4 Information for Construction in Flood Hazard Areas. For a building or structure located in whole or in part in flood hazard areas as established by Table R301.2(1) (Climatic and Geographic Design Criteria), the construction documents shall comply with Chapter 25-12, Article 3 (Flood Hazard Areas).

R109.5 Residential change-out program. The building official may establish, by rule, an inspection program for repair or replacement of certain components in individual owned and occupied dwellings within the zoning jurisdiction of the City.

R112.5 Modifications from flood plain management regulations. A request for a variance to a flood hazard area requirement is decided in accordance with Chapter 25-12, Article 3 (Flood Hazard Areas).

R202 Definitions

HEIGHT, BUILDING has the same meaning as "height" as defined in City Code Section 25-1-21(Definitions).

START OF CONSTRUCTION means the date a permit is issued for new construction or substantial improvements to existing structures if construction, repair, reconstruction, rehabilitation, addition, placement or other improvement starts within 180 days from the date the permit is issued. Construction starts when permanent construction of a building (including a manufactured home) is first placed and includes pouring a slab or footing, installing pilings, or constructing columns. Permanent construction does not include preparing land (clearing, excavating, grading, or filing); installing streets or walkways; excavating for a basement, footing, pier, or foundation, erecting temporary forms or installing accessory buildings not occupied as dwelling units or not part of the main building. For a substantial improvement, construction starts when a wall, ceiling, floor, or other structural part of a building is altered even if the alteration does not affect the external dimensions of the building.

SUBSTANTIAL DAMAGE means an amount of damage that results in restoration costs that equal or exceed 50 percent of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT means any combination of repairs, alterations, reconstructions, rehabilitations, additions, or improvements to a building or structure during the immediate 10-year period with cumulative costs that equal or exceed 50 percent of the market value of the structure before the improvement or repair is started or, if the structure was damaged and is being restored, before the damage occurred. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. Substantial improvement does not include:

1.

an improvement required to correct existing health, sanitary, safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions; or

2.

an alteration to a historic structure if the alteration will not disqualify the structure from continuing its designation as a historic structure, which means a structure that is listed or preliminarily determined eligible for listing in the National Register of Historic Places, determined by the Secretary of the United States Department of Interior as contributing to the historical significance of a registered historic district, or a district preliminarily determined to qualify as a historic district, or designated as historic under a State of Texas or local historic preservation program that is approved by the United States Department of the Interior.

SURCHARGE means the vertical load imposed on retained soil that may impose a lateral force in addition to the lateral earth pressure of retained soil.

VISITABLE DWELLING means a dwelling subject to Visitability requirements in section R322 (Accessibility and Visitability).

TABLE R301.2 CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA

R301.2.4 Floodplain Construction. A building or structure constructed in whole or in part in a flood hazard area (including A Zones) as established in Table R301.2(1) and substantial improvement and repair of substantial damage of a building or structure in a flood hazard area shall be designed and constructed according to Chapter 25-12, Article 3 (Flood Loads and Hazard Areas).

R318.2 Egress Door. Not less than one egress shall be provided for each dwelling unit. The egress door shall be a side-hinged, pivoted, or balanced door type and shall provide a clear width not less than 32 inches (813 mm) where measured between the face of the door and the stop, with the door open 90 degrees (1.57 rad). The clear height of the door opening shall not be less than 78 inches (1981 mm) in height measured from the top of the threshold to the bottom of the stop. Other doors shall not be required to comply with these minimum dimensions. Egress doors shall be readily openable from inside the dwelling unit without the use of a key or special knowledge or effort.

R322 Accessibility and Visitability.

R322.1 Scope. Where there are three or more dwelling units or sleeping units in a single structure, the provisions of Chapter 11 (Accessibility) of the Building Code for Group R-3 shall apply. Visitability Section R322 shall apply to the new construction of dwelling units that are subject to this code and include habitable space on the first floor.

Exceptions:

1.

Owner-occupied lodging houses with five or fewer guestrooms are not required to be accessible.

2.

Existing buildings subject to the Building Code shall comply with the Existing Building Code Section 306 (Accessibility for Existing Buildings).

3.

Tiny homes as defined by the Residential Code.

4.

Remodels and additions to existing visitable dwellings shall not eliminate previously approved Visitability features without replacing them with equally compliant features required for new dwellings with permit application dates as shown below:

a.

Existing dwellings with a building permit application filing date between February 10, 2014 and June 30, 2015, shall remain compliant with Visitability requirements with the exception of Section R322.9 (Exterior Visitable Route).

b.

Existing dwellings with a building permit application filing date of July 1, 2015 and later shall remain compliant with all Visitablility requirements including an Exterior Visitable Route. Dwellings that were exempted from the provision of an Exterior Visitable Route per Section R322.9.1 (Waiver of Exterior Visitable Route) shall not be retroactively required to provide an Exterior Visitable Route or reapply for a waiver.

R322.2 Live/Work Units. In live/work units, the nonresidential portion shall be accessible in accordance with Sections 508.5.9 and 508.5.11 of the Building Code. In a structure where there are four or more live/work units, the dwelling portion of the live/work unit shall comply with Section 1108.6.2.1 of the Building Code.

R322.3 Care Facilities. Where care facilities are permitted to be constructed in accordance with Section R101.2, the portions of the dwelling used to operate a business providing care shall be accessible in accordance with Chapter 11 (Accessibility) of the Building Code.

R322.4 Compliance Required at Plan Review. A permit application for a visitable dwelling must include detailed plans that demonstrate compliance with Section R322 (Visitability).

R322.5 Visitable Bathrooms. A visitable dwelling must be designed and constructed with at least one bathroom group or a half bath on the first floor that meets the following requirements:

1.

a clear opening of at least 30 inches;

2.

lateral two-inch by six-inch or larger nominal wood blocking is installed flush with stud edges of bathroom walls; and

3.

except for the portion of the wall located directly behind the lavatory, the centerline of the blocking is 34 inches from and parallel to the interior floor level.

R322.6 Visitable Light Switches, Receptacles, and Environmental Controls. The first floor of a visitable dwelling must meet the following requirements:

1.

light switches and environmental controls are less than 48 inches above the interior floor level; and

2.

except for floor outlets and receptacles, outlets and receptacles are at least 15 inches above the interior floor level.

R322.7 Visitability Bathroom Route. A bathroom group or half bathroom designated for visitability under R322.5 (Visitable Bathrooms) must be accessible by a route with a clear opening of at least 32 inches that begins at the visitable entrance designated under R322.8 (Visitable Dwelling Entrance) and continues through the living room, dining room, and kitchen, and is level with ramped or beveled changes at door thresholds.

Exception: Provided an alternate route is available, a visitable route is not required through an area located on a split-level or sunken floor.

R322.8 Visitable Dwelling Entrance. A visitable dwelling must include at least one no-step entrance with a beveled threshold of one-half inch or less and a door with a clear width of at least 32 inches. This entrance may be located at the front, rear, side, or in the garage or carport of the dwelling.

R322.9 Exterior Visitable Route. An entrance that complies with R322.8 (Visitable Dwelling Entrance) must be accessible using a route with a cross slope of no greater than two percent (1:50) that originates from a garage, driveway, public street, or public sidewalk. An exterior route that includes a ramp must comply with the Residential Code.

R322.9.1 Waiver of Exterior Visitable Route Provision for Certain Properties. The requirements of R322.9 do not apply to a lot with 10 percent or greater slope that existed prior to development; or to a property that requires the use of switchbacks to comply with R322.9.

The Building Official may also waive the requirements for an Exterior Visitable Route if the applicant provides documentation as required by the Building Official.

R325.9 Required Air Conditioning.

1.

An owner shall:

a.

provide, and maintain, in operating condition, refrigerated air equipment capable of maintaining a room temperature that is at least 15 degrees cooler than the outside temperature, but in no event higher than 85°F in each habitable room; and

b.

maintain all fixed air conditioning systems, including air conditioning unit covers, panels, conduits, and disconnects, in operating condition, property attached; and

2.

The required room temperatures shall be measured three feet (914 mm) above the floor near the center of the room and two feet (610 mm) inward from the center of each exterior wall.

R905.7.4 Material Standards for Wood Shingles. Wood shingles shall be of naturally durable wood and shall comply with the requirements of Section R902.2 and Table R905.7.4.

R905.8.5 Material Standards for Wood Shakes. Wood shakes shall comply with the requirements of Section R902.2 and Table R905.8.5.

Part IV(Energy Conservation)

Chapter 11 Energy Efficiency

N1101.1 Scope. The residential provisions of City Code Chapter 25-12, Article 12 (Energy Code) apply to the design and construction of buildings regulated by the Residential Code.

Source: Ord. No. 20170406-048, Pt. 1, 7-5-17; Ord. No. 20191114-064, Pts. 20—26, 11-25-19; Ord. No. 20210603-054, Pt. 1, 9-1-21; Ord. No. 20250410-040, Pt. 1, 7-10-25.

(A)

The International Energy Conservation Code, 2024 Edition, published by the International Code Council ("2024 International Energy Conservation Code") and Appendices CG, CH, CI, CJ, RE, RF, RJ, and RK, are adopted and incorporated by reference into this section with the deletions and amendments in Subsections (B), (C), and (D) and Section 25-12-263(Local Amendments to the International Energy Conservation Code).

(B)

The following commercial provisions of the 2024 International Energy Conservation Code are deleted. A subsection contained within a deleted section or subsection is not deleted, unless specifically listed below:

(C)

For purposes of commercial energy efficiency compliance with ASHRAE standards, as allowed under the 2024 International Energy Conservation Code, the following provisions of the 2022 edition of ASHRAE standard 90.1 (ASHRAE 90.1-2022), published by the American Society of Heating, Refrigeration, and Air-Conditioning Engineers, are deleted. A subsection contained within a deleted section or subsection is not deleted, unless specifically listed below:

(D)

The following residential provisions of the 2024 International Energy Conservation Code are deleted. A subsection contained within a deleted section or subsection is not deleted, unless specifically listed below:

Source: Ord. 20130606-091; Ord. No. 20160623-099, Pt. 1, 9-1-16; Ord. No. 20210603-055, Pt. 1, 9-1-21; Ord. No. 20250410-038, Pt. 1, 7-10-25.

In the City Code, "Energy Code" means the 2024 International Energy Conservation Code adopted by Section 25-12-261(International Energy Conservation Code) and as amended by Section 25-12-263(Local Amendments to the International Energy Conservation Code). In this article, "this code" means the Energy Code.

Source: Ord. 20130606-091; Ord. No. 20160623-099, Pt. 1, 9-1-16; Ord. No. 20210603-055, Pt. 1, 9-1-21; Ord. No. 20250410-038, Pt. 1, 7-10-25.

(A)

The following provisions are local amendments to the commercial provisions of the 2024 International Conservation Code. Each provision in this subsection is a substitute for an identically numbered provision deleted by Section 25-12-261(B) or an addition to the 2024 International Energy Conservation Code.

C201.3 Terms defined in other codes. Terms not defined in this code that are defined in the Building Code, Electrical Code, Fire Code, Mechanical Code, Plumbing Code, Residential Code, and Chapter 25-12, Article 3 (Flood Hazard Areas) have the meaning ascribed to them in those codes.

C402.2.8 Insulation encapsulation requirement. Insulation (including but not limited to loose fill, spray applied cellular fiber insulation as well as other blanket and batts insulation) installed in assemblies more than 60 degrees from the horizontal must be in substantial contact with an air barrier on all sides.

Exception: Air impermeable insulation. Air impermeable insulation is defined as:

A material having an air permeance equal to or less than 0.02 L/s-m ² at 75 Pa pressure differential tested according to ASTM E2178 or E283.

C402.4 Roof solar reflectance and thermal emittance.Low slope roofs directly above cooled conditioned spaces in Climate Zones 0 through 3 shall comply with one or more of the options in Table C402.4.

Exceptions: The following roofs and portions of roofs are exempt from the requirements of Table C402.4:

1.

Portions of the roof that include or are covered by the following:

1.1.

Photovoltaic systems or components.

1.2.

Solar air or water-heating systems or components.

1.3.

Vegetative roofs or landscaped roofs.

1.4.

Above-roof decks or walkways.

1.5.

Skylights.

1.6.

HVAC systems and components, and other opaque objects mounted above the roof.

1.7.

Repairs to roof surfaces when the repair does not exceed the lesser of 50% of the roof surface or 20 squares (2,000 sq. ft.).

2.

Portions of the roof shaded during the peak sun angle on the summer solstice by permanent features of the building or by permanent features of adjacent buildings.

3.

Portions of roofs that are ballasted with a minimum stone ballast of 17 pounds per square foot (74 kg/m ² ) or 23 psf (117 kg/m ² ) pavers.

4.

Roofs where not less than 75 percent of the roof area complies with one or more of the exceptions to this section.

Roof surfaces with an incline greater than 2 units vertical in 12 units horizontal shall incorporate a roof material having a minimum reflectance of 0.35 or a minimum initial SRI of 29.

C402.5.3 Maximum U-factor and SHGC. The maximum U-factor and solar heat gain coefficient (SHGC) for fenestration shall be as specified in Table C402.5.

The window projection factor shall be determined in accordance with Equation 4-4.

PF = A/B (Equation 4-4).

where:

PF = Projection factor (decimal).

A = Distance measured horizontally from the furthest continuous extremity of any overhang, eave or permanently attached shading device to the vertical surface of the glazing.

B = Distance measured vertically from the bottom of the glazing to the underside of the overhang, eave or permanently attached shading device.

Where different windows or glass doors have different PF values, they shall each be evaluated separately.

Exception: Where windows are required to comply with the visible transmittance (VT) requirement outlined in section 3.2.2.E, Glazing and Facade Relief on Building Facades, of the City of Austin's Subchapter E, Design Standards and Mixed-Use ordinance, the solar heat gain coefficient (SHGC) requirement shall not apply. Instead, the window shall have a projection factor (PF) ≥0.5.

C402.8 Commercial Solar Ready (Mandatory). A designated zone must be identified on the construction documents as "Reserved for Future Solar Installation". This identified "SolarReady Zone" must be located within the Potential Solar Area (defined below), free from obstructions such as, but not limited to, vents, pipes, ducts, and other equipment and must comply with access, pathway, smoke ventilation, spacing, and other requirements of the City of Austin Land Development Code.

Exceptions:

1.

Potential Solar Area of less than 2,000 square feet (185.8 square meters).

2.

High hazard buildings (Group H).

3.

Buildings located within the downtown network, as identified by Austin Energy.

4.

Buildings equipped with on-site renewable energy systems in accordance with Sections C405.15 or C406.3.1.

C402.8.1 Solar-Ready Zone area. The size of the Solar-Ready Zone must be at least half the Potential Solar Area. Potential Solar Area is calculated as the gross rooftop area minus the Affected Area. Affected Area means the following areas:

1.

Areas of the roof that are shaded for at least 50% of annual daylight hours.

2.

Areas of the roof that are not Low-Sloped Roof that are oriented from 300° northwest, north to 90 ⁰ east.

3.

Gross area of all skylights.

4.

Area of rooftop equipment and required access paths.

5.

Areas of roofs used for helicopter landing or for rooftop parking.

6.

Green roofs and occupied rooftop areas.

7.

Areas required by City Code to not contain solar equipment.

No part of the Solar-Ready Zone can be in an Affected Area. The designated Solar-Ready Zone and the Potential Solar Area can be made up of multiple non-contiguous areas. Each sub-area must be at least 80 square feet (7.432 square meters) and must be a rectangle the short side of which measures at least 6 feet (1.83 meters).

C402.8.2 Structural loads. Areas of the roof that are part of the Solar-Ready Zone must have structural design loads for roof dead load and roof live load clearly indicated on the construction documents.

C402.8.3 Equipment location and interconnection pathway. The construction documents must indicate a location for inverters and metering equipment and a pathway for routing of conduit from the Solar-Ready Zone to the point of interconnection with the electrical service.

C402.8.4 Electrical distribution system. The building's electrical service distribution system must have reserved space to allow for the future installation of solar electric and must be permanently marked as "For Future Solar Electric".

C403.7.10 Ventilation filtration and filtration of return air.Ventilation systems shall incorporate filtration having a minimum efficiency reporting value (MERV) rating of 6 or greater. All return air as well as all air that is heated, cooled, or humidity controlled must be drawn through the air filtration system.

TABLE C405.13.2
ELECTRICAL ENERGY USE CATEGORIES

C405.15.1 On-site renewable energy systems.Buildings shall be provided with on-site renewable electricity generation systems with a direct current (DC) nameplate power rating of not less than 0.75 watts per square foot (8.1 W/m ² ) multiplied by the sum of the gross conditioned floor area of all floors, not to exceed the combined gross conditioned floor area of the three largest floors.

Exceptions: The following buildings or building sites shall comply with Section C405.15.2:

1.

A building site located where an unshaded flat plate collector oriented toward the equator and tilted at an angle from horizontal equal to the latitude receives an annual daily average incident solar radiation less than 1.1 kBtu/ft ² per day (3.5 kWh/m ² /day).

2.

A building where more than 80 percent of the roof area is covered by any combination of permanent obstructions such as, but not limited to, mechanical equipment, vegetated space, access pathways or occupied roof terrace.

3.

Any building where more than 50 percent of the roof area is shaded from direct-beam sunlight by natural objects or by structures that are not part of the building for more than 2,500 annual hours between 8:00 a.m. and 4:00 p.m.

4.

A building with gross conditioned floor area less than 5,000 square feet (465 m ² ).

5.

Alterations.

6.

A building with Potential Solar Area of less than 2,000 square feet (185.8 square meters).

7.

High hazard buildings (Group H).

8.

Buildings located within the downtown network, as identified by Austin Energy.

CG101 Definitions.

LOW POWER LEVEL 2 ELECTRIC VEHICLE (EV) CHARGING RECEPTACLE. A 208/240 Volt 20-ampere minimum branch circuit and a receptacle.

CG101.2.1 Quantity. The number of required electric vehicle (EV) spaces, EV capable spaces and EV ready spaces shall be determined in accordance with this section and either Table CG101.2.1 or Table CG101.2.2 based on the total number of automobile parking spaces and shall be rounded up to the nearest whole number. For R-2 buildings, the Table CG101.2.1 or Table CG101.2.2 requirements shall be based on the total number of dwelling units or the total number of automobile parking spaces, whichever is less. For parking garages, the Table CG101.2.1 or Table CG101.2.2 requirements shall be based on automobile parking spaces within the battery electric vehicle location limits given under City of Austin Fire Code Section 323.4.

1.

Where more than one parking facility is provided on a building site, the number of required automobile parking spaces required to have EV power transfer infrastructure shall be calculated separately for each parking facility.

2.

Where one shared parking facility serves multiple building occupancies, the required number of spaces shall be determined proportionally based on the floor area of each building occupancy.

3.

Installed electric vehicle supply equipment installed spaces (EVSE spaces) that exceed the minimum requirements of this section may be used to meet the minimum requirements for EV ready spaces and EV capable spaces.

4.

Installed EV ready spaces that exceed the minimum requirements of this section may be used to meet the minimum requirements for EV capable spaces.

5.

Where the number of EV ready spaces allocated for R-2 occupancies is equal to the number of dwelling units or to the number of automobile parking spaces allocated to R-2 occupancies, whichever is less, requirements for EVSE spaces for R-2 occupancies shall not apply.

6.

Requirements for a Group S-2 parking garage shall be determined by the occupancies served by that parking garage. Where new automobile spaces do not serve specific occupancies, the values for Group S-2 parking garage in Table CG101.2.1 shall be used.

7.

Group S-2 parking garages with no less than 50% long term parking spaces shall provide no less than 10% EV capable spaces. Long term parking spaces are considered as parking spaces where users generally park for more than 8 hours at a time, including overnight, at places such as airports, transit hubs, etc.

8.

The installation of each DCFC EVSE shall be permitted to reduce the minimum number of required EV capable spaces without EVSE or EVCS with Level 2 EVSE by five and reduce proportionally the required electrical load capacity to the service panel or subpanel.

9.

The installation of two Low Power Level 2 EV charging receptacles shall be permitted to reduce the minimum number of required EV capable spaces without EVSE in Table CG101.2.1 by one in Group R-1 and Group R-2 occupancies.

Exception: Parking facilities serving occupancies other than R2 with fewer than 10 automobile parking spaces.

TABLE CG101.2.1
REQUIRED EV POWER TRANSFER
INFRASTRUCTURE