12-Attachment C - Harris County Fire Code.pdf

HARRIS COUNTY FIRE CODE

AS

ADOPTED: September 14, 2004

EFFECTIVE: January 1, 2005

AMENDED: July 1, 2008

AMENDED: April 12, 2012

AMENDED: December 16, 2014

EFFECTIVE: March 1, 2015

AMENDED: April 30, 2019

EFFECTIVE: September 1, 2019

AMENDED: December 15, 2020

EFFECTIVE: February 1, 2021

HARRIS COUNTY

FIRE MARSHAL’S OFFICE

LAURIE L. CHRISTENSEN CFPS, FM, FEMT

HARRIS COUNTY FIRE MARSHAL

FIRE CODE OFFICIAL

HARRIS COUNTY

ENGINEERING DEPARTMENT

JOHN R. BLOUNT, PE

COUNTY ENGINEER

TABLE OF CONTENTS

SECTION 101 – SCOPE AND GENERAL REQUIREMENTS

SECTION 102 – APPLICABILITY

SECTION 103 – DEPARTMENT OF FIRE CODE ADMINISTRATION AND ENFORCEMENT

SECTION 104 – GENERAL AUTHORITY AND RESPONSIBILITIES

SECTION 105 – PERMITS

SECTION 106 – FEES

SECTION 107 – INSPECTIONS

SECTION 108 – MAINTENANCE

SECTION 109 – BOARD OF APPEALS

SECTION 110 – VIOLATIONS

SECTION 111 – UNSAFE BUILDINGS

SECTION 112 – STOP WORK ORDER

SECTION 113 – SERVICE UTILITIES

EXHIBIT A – ADDITIONS, INSERTIONS, DELETIONS AND CHANGES to

INTERNATIONAL FIRE CODE

EXHIBIT B – ADDITIONS, INSERTIONS, DELETIONS AND CHANGES to

INTERNATIONAL BUILDING CODE

**Harris County has only adopted certain chapters of the International Building Code.

Please refer to 102.4 Application of building code for chapters and sections that have been adopted.**

CHAPTER 1

SCOPE AND ADMINISTRATION

PART 1—GENERAL PROVISIONS

SECTION 101

SCOPE AND GENERAL REQUIREMENTS

101.1 Title. These regulations shall be known as the Fire Code of Harris County, hereinafter referred to as “this code.”

101.1.1 Occupancy prohibited before approval. No building or structure subject to this code shall be occupied prior to:

1. Receipt by the County Fire Code Official of a request for final inspection from the permit Holder as submitted on a form provided by the County Engineer, and

2. Issuance of a Certificate of Compliance by the County Engineer that indicates that applicable provisions of this code have been met.

This Code is adopted as a fire code by the Commissioners Court of Harris County, Texas, acting in its capacity as the governing body of Harris County. The authority of Harris County to adopt this Code and the contents hereof is derived from Chapter 233, Subchapter C, Texas Local Government Code, Section, §233.061 et seq., as amended. The Harris County Fire Code as adopted on September 14, 2004 and which became effective on January 1, 2005 shall continue to apply to the construction of buildings for which construction begins prior to the effective date of this new Code. This Code shall apply to all buildings for which Construction or Substantial Improvement, as defined in this Code, begins after the effective date of this Fire Code. Further, pursuant to Texas Local Government Code 352.016, as amended, any inspection completed shall be to the standard set forth in this Code. This Code may be amended at any time by a majority of Commissioners Court.

101.2 Scope. This code establishes regulations affecting or relating to structures, processes, premises and safeguards regarding all of the following:

1. The hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices.

2. Conditions hazardous to life, property or public welfare in the occupancy of structures or premises.

3. Fire hazards in the structure or on the premises from occupancy or operation.

4. Matters related to the construction, extension, repair, alteration or removal of fire suppression or alarm systems.

5. Conditions affecting the safety of fire fighters and emergency responders during emergency operations.

6. New construction, substantial improvements, alterations, relocations, enlargement, replacement, repair, equipment, use and occupancy, location, of every building or structure or any appurtenances connected or attached to such buildings or structures.

7. Existing single-family dwelling converted for the use of a Boarding or Lodging House as defined in this code and in compliance with Local Government Code 233 Subchapter F “Residential Building Code”.

Exceptions:

1. One-and-two-family dwellings and multiple single family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane height, shall comply with Local Government Code 233 Subchapter F “Residential Building Code”.

2. Industrial facilities having a fire brigade that conforms to requirements of the Occupational Safety and Health Administration 1910 and receives exemption by Harris County.

101.2.1 Appendices. Appendices B, C, D, H and I are adopted as part of the Harris County Fire Code.

101.3 Intent. The purpose of this code is to establish the minimum requirements consistent with nationally recognized good practice for providing a reasonable level of life safety and property protection from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises, and to provide a reasonable level of safety to fire fighters and emergency responders during emergency operations.

101.4 Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code.

101.5 Validity. In the event any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions hereof, which are determined to be legal; and it shall be presumed that this code would have been adopted without such illegal or invalid parts or provisions.

101.6 Abrogation and greater restrictions. This Code is not intended to repeal, abrogate, or impair any existing laws, regulations, easements, covenants, or deed restrictions.

SECTION 102

APPLICABILITY

102.1 Construction and design provisions. The construction and design provisions of this code shall apply to:

1. Structures, facilities and conditions arising after the adoption of this code.

2. Existing structures, facilities and conditions not legally in existence at the time of adoption of this code.

3. Existing structures, facilities and conditions where required in Chapter 11.

4. Existing structures, facilities and conditions that, in the opinion of the fire code official, constitute a distinct hazard to life or property.

102.2 Administrative, operational and maintenance provisions. The administrative, operational and maintenance provisions of this code shall apply to:

1. Conditions and operations arising after the adoption of this code.

2. Existing conditions and operations.

102.3 Substantial Improvement. A substantial improvement shall not be made unless the building and/or structure is made to comply with new construction requirements of the Harris County Fire Code.

102.3.1 Use and Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification or use of a building or structure or portion thereof shall be made, until a fire code inspection has been completed as approved and the County Engineer has issued a certificate of compliance as provided herein. Issuance of a certificate of compliance shall not be construed as an approval of a violation of the provisions of this code or of other regulations, ordinances, or court orders of Harris County, Texas.

Exception: Certificates of compliance are not required for work exempt.

102.4 Application of building code. The design and construction of new structures shall comply with Chapters 2-10, 30, 35, and Sections 1405, 1505, 1705.14 through 1705.18, 2403, 2406 through 2409, 3101 through 3105, 3110, 3111, 3301. 3302, 3306, 3307, 3309 through 3314 and Appendix C of the International Building Code, and any alterations, additions, substantial improvements, changes in occupancy, use or changes in structures required by this code, which are within the scope of the International Building Code, shall be made in accordance therewith.

102.5 Application of residential code. Regulated by the State of Texas and the Regulations of Harris County, Texas for the Approval and Acceptance of Infrastructure (“Infrastructure Regulations”).

102.6 Historic buildings. The provisions of this code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as historic buildings where such buildings or structures do not constitute a distinct hazard to life or property. Fire protection in designated historic buildings shall be provided with an approved fire protection plan as required in Section 1103.1.1.

102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 80, and such codes and standards shall be considered to be part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.7.1 and 102.7.2.

102.7.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.

102.7.2 Provisions in referenced codes and standards. 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.

102.8 Subjects not regulated by this code. Where applicable standards or requirements are not set forth in this code, or are contained within other laws, codes, regulations, ordinances or bylaws adopted by the jurisdiction, compliance with applicable standards of the National Fire Protection Association or other nationally recognized fire safety standards, as approved, shall be deemed as prima facie evidence of compliance with the intent of this code. Nothing herein shall derogate from the authority of the fire code official to determine compliance with codes or standards for those activities or installations within the fire code official’s jurisdiction or responsibility.

102.9 Matters not provided for. Requirements that are essential for the public safety of an existing or proposed activity, building or structure, or for the safety of the occupants thereof, that are not specifically provided for by this code, shall be determined by the fire code official and County Engineer.

102.10 Conflicting provisions. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in a specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.

102.11 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.

102.12 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.

PART 2—ADMINISTRATIVE PROVISIONS

SECTION 103

DEPARTMENT OF FIRE CODE ADMINISTRATION AND ENFORCEMENT

103.1 General. The County Engineer means the individual appointed by Commissioner’s Court and all employees designated by the County Engineer to administer the provision of this code to include the review of submitted construction plans and documents for compliance with this adopted code and the issuance of the required permits and final Certificates of Compliance.

The fire code official shall be the person appointed by Commissioners Court as the County Fire Marshal or the employee(s) designated by the County Fire Marshal to perform a task required by this code. The Fire Marshal shall have enforcement authority for this code and shall conduct all required inspections for compliance with this code.

103.2 Appointment. The County Engineer and County Fire Marshal shall be appointed by the Commissioner’s Court of Harris County.

103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority.

103.3.1 Fire Code Official. Fire Code Official shall have the authority to appoint deputies, other related technical officers, inspectors and other employees.

103.3.2 County Engineer. County Engineer shall have the authority to appoint a Building Official, other related technical officers, and other employees.

103.4 Liability. The fire code official, County Engineer, member of the board of appeals, officer or employee charged with the enforcement of this code, while acting for the jurisdiction, in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered civilly or criminally liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties.

103.4.1 Legal defense. Any suit or criminal complaint instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representatives of the jurisdiction until the final termination of the proceedings. The fire code official, County Engineer, or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of Harris County, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.

SECTION 104

GENERAL AUTHORITY AND RESPONSIBILITIES

104.1 General. The County Engineer in cooperation with the fire code official is hereby authorized to administrate and enforce the provisions of this code. The County Engineer and fire code official shall have the authority to render interpretations of this code and to adopt policies, procedures, rules and regulations in order to clarify the application of its provisions. Such interpretations, policies, procedures, rules and regulations shall be in compliance with the intent and purpose of this code. Such policies, procedures, rules and regulations shall not have the effect of waiving requirements specifically provided for in this code.

104.1.1 Authority of the Fire Marshal and the Fire Marshal’s Office. It shall be the duty of the Fire Marshal or designee to protect the safety and property of residents from fire hazards, through the issuance of Fire Marshal Orders, Notices of Violations, and Citations as required to achieve compliance with the fire and building codes.

104.2 Applications and permits. The County Engineer is authorized to receive applications, review construction documents and issue permits for construction regulated by this code, issue permits for operations regulated by this code. The fire code official is authorized to inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.

104.3 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the fire code official has reasonable cause to believe that there exists in a building or on any premises any conditions or violations of this code that make the building or premises unsafe, dangerous or hazardous, the fire code official shall have the authority to enter the building or premises at all reasonable times to inspect or to perform the duties imposed on the fire code official by this code. If such building or premises is occupied, the fire code official shall present credentials to the occupant and request entry. If such building or premises is unoccupied, the fire code official shall first make a reasonable effort to locate the owner, the owner’s authorized agent or other person having charge or control of the building or premises and request entry. If entry is refused, the fire code official has recourse to every remedy provided by law to secure entry.

104.3.1 Warrant. Where the fire code official has first obtained a proper inspection warrant or other remedy provided by law to secure entry, an owner, the owner’s authorized agent or occupant or person having charge, care or control of the building or premises shall not fail or neglect, after proper request is made as herein provided, to permit entry therein by the fire code official for the purpose of inspection and examination pursuant to this code.

104.3.2 Photographic Documentation. Members of the Fire Marshal’s Office making such examinations or inspections are authorized to, upon presentation of proper credentials, take audio recordings, video recordings, or photographs, for evidence and for records for use by the Fire Marshal’s Office to document and study fire hazards and scientific control for fire safety.

104.4 Identification. The fire code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.

104.5 Notices and orders. The fire code official is authorized to issue such notices or orders as are required to affect compliance with this code in accordance with Sections 110.1 and 110.2.

104.6 Official records. The County Engineer and fire code official shall keep official records as required by Sections 104.6.1 through 104.6.4. Such official records shall be retained for not less than 5 years or for as long as the structure or activity to which such records relate remains in existence, unless otherwise provided by other regulations.

104.6.1 Approvals. A record of approvals shall be maintained by the County Engineer and shall be available for public inspection during business hours in accordance with applicable laws.

104.6.2 Inspections. The fire code official shall keep a record of each inspection made, including notices and orders issued, showing the findings and disposition of each.

104.6.3 Fire records. The fire department shall keep a record of fires occurring within its jurisdiction and of facts concerning the same, including statistics as to the extent of such fires and the damage caused thereby, together with other information as required by their governing body.

104.6.4 Administrative. Application for modification, alternative methods or materials and the final decision of the County Engineer and fire code official shall be in writing and shall be officially recorded in the permanent records of the County Engineer and fire code official.

104.7 Approved materials and equipment. Materials, equipment and devices approved by the County Engineer and fire code official shall be constructed and installed in accordance with such approval.

104.7.1 Material and equipment reuse. Materials, equipment and devices shall not be reused or reinstalled unless such elements have been reconditioned, tested and placed in good and proper working condition and approved.

104.7.2 Technical assistance. To determine the acceptability of technologies, processes, products, facilities, materials and uses attending the design, operation or use of a building or premises subject to inspection by the fire code official, the County Engineer and fire code official is authorized to require the owner or owner’s authorized agent to provide, without charge to the jurisdiction, a technical opinion and report. The opinion and report shall be prepared by a qualified engineer, specialist, and laboratory or fire safety specialty organization acceptable to the County Engineer and fire code official and shall analyze the fire safety properties of the design, operation or use of the building or premises and the facilities and appurtenances situated thereon, to recommend necessary changes. The County Engineer and fire code official are authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional.

104.8 Modifications. Where there are practical difficulties involved in carrying out the provisions of this code, the County Engineer and fire code official shall have the authority to grant modifications for individual cases, provided that the County Engineer and fire code official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the files of the fire code official and County Engineer.

104.9 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the County Engineer and fire code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the County Engineer and fire code official shall respond in writing, stating the reasons why the alternative was not approved.

104.9.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources.

104.9.2 Tests. Where there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the County Engineer and fire code official shall have the authority to require tests as evidence of compliance to be made without expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards.

In the absence of recognized and accepted test methods, the County Engineer and fire code official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the County Engineer and fire code official for the period required for retention of public records.

104.10 Fire investigations. The Fire Marshal shall have the authority to investigate the cause, origin and circumstances of any fire, explosion or other hazardous condition. Information that could be related to trade secrets or processes shall not be made part of the public record, except as directed by a court of law.

104.10.1 Assistance from other agencies. Police and other enforcement agencies shall have authority to render necessary assistance in the investigation of fires when requested to do so by the Fire Marshal.

104.11 Authority at fires and other emergencies. The fire chief or officer of the fire department in charge at the scene of a fire or other emergency involving the protection of life or property, or any part thereof, shall have the authority to direct such operation as necessary to extinguish or control any fire, perform any rescue operation, investigate the existence of suspected or reported fires, gas leaks or other hazardous conditions or situations, or take any other action necessary in the reasonable performance of duty. In the exercise of such power, the Fire Marshal or fire chief is authorized to prohibit any person, vehicle, vessel or thing from approaching the scene, and is authorized to remove, or cause to be removed or kept away from the scene, any vehicle, vessel or thing that could impede or interfere with the operations of the fire department and, in the judgment of the fire chief, any person not actually and usefully employed in the extinguishing of such fire or in the preservation of property in the vicinity thereof.

104.11.1 Barricades. The Fire Marshal, fire chief or officer of the fire department in charge at the scene of an emergency is authorized to place ropes, guards, barricades or other obstructions across any street, alley, place or private property in the vicinity of such operation so as to prevent accidents or interference with the lawful efforts of the fire department to manage and control the situation and to handle fire apparatus.

104.11.2 Obstructing operations. Persons shall not obstruct the operations of the fire department in connection with extinguishment or control of any fire, or actions relative to other emergencies, or disobey any lawful command of the Fire Marshal, fire chief or officer of the fire department or Fire Marshal in charge of the emergency, or any part thereof, or any lawful order of a police officer assisting the fire department.

104.11.3 Systems and devices. Persons shall not render a system or device inoperative during an emergency unless by direction of the Fire Marshal, fire chief or fire department official in charge of the incident.

104.11.4 Removal of debris and rubble after fires. Whenever any building, structure, or other property in the county is partially burned, the owner or the person in charge or control thereof, shall within ten (10) days after notice from the Fire Marshal, remove all refuse, debris, charred, and partially burned lumber and materials from the ground. If a building or other structure is burned to such an extent that it is rendered unrepairable, the owner of the property upon which structure is located, or owner’s authorized agent, shall within thirty (30) days after notice from the Fire Marshal, remove all remaining portions of the building or structure, from the property.

SECTION 105

PERMITS

105.1 General. Permits shall be in accordance with Sections 105.1.1 through 105.7.25.

105.1.1 Permits required. A property owner or owner’s authorized agent who intends to conduct an operation or business, or construct, substantially improve, enlarge, alter, repair, move, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the County Engineer and obtain the required permit.

105.1.2 Types of permits. There shall be two types of permits as follows:

1. Operational permit. An operational permit allows the applicant to conduct an operation or a business for which a permit is required by Section 105.6 for either:

1.1. A prescribed period.

1.2. Until renewed or revoked.

2. Construction permit. A construction permit allows the applicant to construct, substantially improve, enlarge, alter, repair, move, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace the installation of which is regulated by this code, or to cause any such work to be performed, or install or modify systems and equipment for which a permit is required.

105.1.3 Multiple permits for the same location. Where more than one permit is required for the same location, the County Engineer is authorized to consolidate such permits into a single permit provided that each provision is listed in the permit.

105.1.4 Emergency repairs. Where equipment replacement and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the County Engineer.

105.1.5 Repairs. Application or notice to the fire code official and County Engineer is not required for ordinary repairs to structures, equipment or systems. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall any repairs include addition to, alteration of, replacement or relocation of any standpipe, fire protection water supply, automatic sprinkler system, fire alarm system or other work affecting fire protection or life safety.

105.1.5.1 Fire Protection Repairs. The Fire Marshal shall be notified in accordance with State rules of any repairs or impairments to any fire protection systems.

105.1.6 Annual permit. Instead of an individual construction permit for each alteration to an already approved system or equipment installation, the County Engineer is authorized to issue an annual permit on application therefor to any person, firm or corporation regularly employing one or more qualified tradespersons in the building, structure or on the premises owned or operated by the applicant for the permit.

105.1.6.1 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The County Engineer and fire code official shall have access to such records at all times or such records shall be filed with the fire code official as designated.

105.2 Application. Application for a permit required by this code shall be made to County Engineer in such form and detail as prescribed by the County Engineer. Applications for permits shall be accompanied by such plans as prescribed by the County Engineer.

105.2.1 Refusal to issue permit. If the application for a permit describes a use that does not conform to the requirements of this code and other pertinent laws and ordinances, the County Engineer shall not issue a permit, but shall return the application to the applicant with the refusal to issue such permit. Such refusal shall, where requested, be in writing and shall contain the reasons for refusal.

105.2.2 Inspection authorized. Before a new operational permit is approved, the fire code official is authorized to inspect the receptacles, vehicles, buildings, devices, premises, storage spaces or areas to be used to determine compliance with this code or any operational constraints required.

105.2.3 Time limitation of application. An application for a permit for any proposed work or operation shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been diligently prosecuted or a permit shall have been issued; except that the County Engineer is authorized to grant one or more extensions of time for additional periods not exceeding ninety (90) days each. The extension shall be requested in writing and justifiable cause demonstrated.

105.2.4 Action on application. The County Engineer shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the County Engineer shall reject such application in writing, stating the reasons therefor. If the County Engineer is satisfied that the proposed work or operation conforms to the requirements of this code and laws and ordinances applicable thereto, the County Engineer shall issue a permit therefor as soon as practicable.

105.2.5 Working without a permit. Work requiring a permit shall not commence until the required permit is posted in a conspicuous location and approved plans are available on the premises designated therein. Where work is commenced prior to obtaining said permit, the fees may be increased as determined by the fee schedule adopted by Commissioners Court. Payment of the increased fee shall not relieve any person from fully complying with the requirements to obtain a permit nor of any other penalties herein.

105.3 Conditions of a permit. A permit shall constitute permission to maintain, store or handle materials;

or to conduct processes that produce conditions hazardous to life or property; or to install equipment utilized in connection with such activities; or to install or modify any fire protection system or equipment or any other construction, equipment installation or modification in accordance with the provisions of this code where a permit is required by Section 105.6 or 105.7. Such permission shall not be construed as authority to violate, cancel or set aside any of the provisions of this code or other applicable regulations or laws of the jurisdiction.

105.3.1 Expiration. An operational permit shall remain in effect until reissued, renewed or revoked, or for such a period of time as specified in the permit. Construction permits shall automatically become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Before such work recommences, a new permit shall be first obtained and the fee to recommence work, if any, shall be one-half the amount required for a new permit for such work, provided that changes have not been made and will not be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year. Permits are not transferable and any change in occupancy, operation, tenancy or ownership shall require that a new permit be issued.

105.3.2 Extensions. A permittee holding an unexpired permit shall have the right to apply for an extension of the time within which the permittee will commence work under that permit where work is unable to be commenced within the time required by this section for good and satisfactory reasons.

The County Engineer is authorized to grant, in writing, up to two extensions of the time period of a permit for periods of not more than 180 days each. Such extensions shall be requested by the permit holder in writing and justifiable cause demonstrated.

105.3.3 Occupancy prohibited before approval. The building or structure shall not be occupied prior to the County Engineer issuing a permit and the fire code official conducting associated inspections indicating the applicable provisions of this code have been met.

105.3.4 Conditional Certificate of Compliance. Where permits are issued and on the request of a permit applicant, the fire code official is authorized to issue a conditional certificate of compliance to occupy the premises or portion thereof before the entire work or operations on the premises is completed, provided that such portion or portions will be occupied safely prior to full completion or installation of equipment and operations without endangering life or public welfare. The fire code official shall notify the permit applicant in writing of any limitations or restrictions necessary to keep the permit area safe. The holder of a conditional certificate of compliance shall proceed only to the point for which approval has been given, at the permit holder’s own risk and without assurance that approval for the occupancy or the utilization of the entire premises, equipment or operations will be granted.

105.3.5 Posting the permit. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the fire code official and County Engineer. When a permit or approved plans are not on site or available upon request of the fire code official or designee, the owner of the permit or designee may be assessed a fee prior to any additional inspections.

105.3.6 Compliance with Code. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Code or of any other regulation or ordinance of Harris County. Permits presuming to give authority to violate or cancel the provisions of this Code or other regulation or ordinances of Harris County shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the fire code official or County Engineer from requiring the correction of errors in the construction documents and other data. Any addition to or alteration of approved construction documents shall be approved in advance by the County Engineer, as evidenced by the issuance of a new or amended permit.

105.3.7 Information on the permit. The County Engineer shall issue all permits required by this code on an approved form furnished for that purpose. The permit shall contain a general description of the operation or occupancy and its location and any other information required by the County Engineer.

Issued permits shall bear the signature of the County Engineer or other approved legal authorization.

105.3.8 Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Code or of any other regulation or ordinances of Harris County. Permits presuming to give authority to violate or cancel the provisions of this Code or other regulation or ordinances of Harris County shall not be valid. The issuance of a permit based on construction documents, operational documents and other data shall not prevent the fire code official or the County Engineer from requiring correction of errors in the documents or other data.

105.4 Construction documents. Construction documents shall be in accordance with Sections 105.4.1 through 105.4.6.

105.4.1 Submittals. Construction documents and supporting data shall be submitted in two or more sets with each application for a permit and in such form and detail as required by the County Engineer.

The construction documents shall be prepared by a registered design professional where required by the statutes of Harris County in which the project is to be constructed.

Exception: The County Engineer is authorized to waive the submission of construction documents and supporting data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code.

105.4.1.1 Examination of documents. The County Engineer shall examine or cause to be examined the accompanying construction documents and shall ascertain by such examinations whether the work indicated and described is in accordance with the requirements of this code.

105.4.2 Information on construction documents. Construction documents shall be drawn to scale or dimensioned, and on suitable material. Electronic media documents are preferred. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations as determined by the fire code official and County Engineer.

105.4.2.1 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate compliance with this code and the construction documents, and shall be approved prior to the start of installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9.

105.4.3 Applicant responsibility. It shall be the responsibility of the applicant to ensure that the construction documents include all of the fire protection requirements and the shop drawings are complete and in compliance with the applicable codes and standards.

105.4.4 Approved documents. Construction documents approved by the County Engineer are approved with the intent that such construction documents comply in all respects with this code.

Review and approval by the County Engineer shall not relieve the applicant of the responsibility of compliance with this code.

105.4.4.1 Phased approval. The County Engineer is authorized to issue a permit for the construction of part of a structure, system or operation before the construction documents for the whole structure, system or operation have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for parts of a structure, system or operation shall proceed at the holder’s own risk with the building operation and without assurance that a permit for the entire structure, system or operation will be granted.

105.4.5 Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.

105.4.6 Retention of construction documents. One set of construction documents shall be retained by the County Engineer for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws. One set of approved construction documents shall be returned to the applicant and said set shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress.

105.5 Revocation. The fire code official or County Engineer is authorized to revoke a permit issued under the provisions of this code where it is found by inspection or otherwise that there has been a false statement or misrepresentation as to the material facts in the application or construction documents on which the permit or approval was based including, but not limited to, any one of the following:

1. The permit is used for a location or establishment other than that for which it was issued.

2. The permit is used for a condition or activity other than that listed in the permit.

3. Conditions and limitations set forth in the permit have been violated.

4. There have been any false statements or misrepresentations as to the material fact in the application for permit or plans submitted or a condition of the permit.

5. The permit is used by a different person or firm than the name for which it was issued.

6. The permittee failed, refused or neglected to comply with orders or notices duly served in accordance with the provisions of this code within the time provided therein.

7. The permit was issued in error or in violation of an ordinance, regulation or this code.

105.6 Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in Sections 105.6.1 through 105.6.50. Each operation set forth requires a separate operational permit.

105.6.1 Aerosol products. An operational permit is required to manufacture, store or handle an aggregate quantity of Level 2 or Level 3 aerosol products in excess of 500 pounds (227 kg) net weight.

105.6.2 Amusement buildings. An operational permit is required to operate a special amusement building.

105.6.3 Aviation facilities. An operational permit is required to use a Group H or Group S occupancy for aircraft servicing or repair and aircraft fuel-servicing vehicles. Additional permits required by other sections of this code include, but are not limited to, hot work, hazardous materials and flammable or combustible finishes.

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

105.6.5 Cellulose nitrate film. An operational permit is required to store, handle or use cellulose nitrate film in a Group A occupancy.

105.6.6 Combustible dust-producing operations. An operational permit is required to operate a grain elevator, flour starch mill, feed mill, or a plant pulverizing aluminum, coal, cocoa, magnesium, spices or sugar, or other operations producing combustible dusts as defined in Chapter 2.

105.6.7 Combustible fibers. An operational permit is required for the storage and handling of combustible fibers in quantities greater than 100 cubic feet (2.8 m3).

Exception: A permit is not required for agricultural storage.

105.6.8 Compressed gases. An operational permit is required for the storage, use or handling at normal temperature and pressure (NTP) of compressed gases in excess of the amounts listed in Table 105.6.8.

Exception: Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle.

TABLE 105.6.8

PERMIT AMOUNTS FOR COMPRESSED GASES

Type of Gas Amount

(Cubic feet at NTP.)

Carbon dioxide used in carbon dioxide enrichment systems

875 (100 lbs.)

Carbon dioxide used in insulated liquid carbon dioxide beverage dispensing applications

875 (100 lbs.)

Corrosive 200

Flammable (except cryogenic fluids and liquefied petroleum gases)

Highly toxic Any Amount

Inert and simple asphyxiant 6,000

Oxidizing (including oxygen) 504

Pyrophoric Any Amount

Toxic Any Amount

For SI: 1 cubic foot = 0.02832 m3.

105.6.9 Covered and open mall buildings. An operational permit is required for:

1. The placement of retail fixtures and displays, concession equipment, displays of highly combustible goods and similar items in the mall.

2. The display of liquid- or gas-fired equipment in the mall.

3. The use of open-flame or flame-producing equipment in the mall.

105.6.10 Cryogenic fluids. An operational permit is required to produce, store, transport on site, use, handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.6.10.

Exception: Permits are not required for vehicles equipped for and using cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading.

TABLE 105.6.10

PERMIT AMOUNTS FOR CRYOGENIC FLUIDS

Type of Cryogenic Fluid Inside

Building (gallons)

Outside Building (gallons)

Flammable More than 1 60

Inert 60 500

Oxidizing (includes oxygen) 10 50

Physical or health hazard not indicated above Any Amount Any Amount

For SI: 1 gallon = 3.785 L.

105.6.11 Cutting and welding. An operational permit is required to conduct cutting or welding operations within the jurisdiction.

105.6.12 Dry cleaning. An operational permit is required to engage in the business of dry cleaning or to change to a more hazardous cleaning solvent used in existing dry cleaning equipment.

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

105.6.14 Explosives. An operational permit is required for the manufacture, storage, handling, sale or use of any quantity of explosives, explosive materials, fireworks or pyrotechnic special effects within the scope of Chapter 56.

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

105.6.15 Fire Brigades. An operational permit is required for facilities that have a fire brigade.

105.6.16 Fire hydrants and valves. Harris County does not regulate the use of hydrants, mains, or valves owned by a utility district. All permissions shall be obtained from the applicable utility district providing services.

105.6.17 Flammable and combustible liquids. An operational permit is required:

1. To use or operate a pipeline for the transportation within facilities of flammable or combustible liquids. This requirement shall not apply to the offsite transportation in pipelines regulated by the Department of Transportation (DOTn) nor does it apply to piping systems.

2. To store, handle or use Class I liquids in excess of 5 gallons (19 L) in a building or in excess of 10 gallons (37.9 L) outside of a building, except that a permit is not required for the following:

2.1. The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant, unless such storage, in the opinion of the fire code official, would cause an unsafe condition.

2.2. The storage or use of paints, oils, varnishes or similar flammable mixtures where such liquids are stored for maintenance, painting or similar purposes for a period of not more than 30 days.

3. To store, handle or use Class II or Class IIIA liquids in excess of 25 gallons (95 L) in a building or in excess of 60 gallons (227 L) outside a building, except for fuel oil used in connection with oil burning equipment.

4. To store, handle or use Class IIIB liquids in tanks or portable tanks for fueling motor vehicles at motor fuel-dispensing facilities or where connected to fuel-burning equipment.

Exception: Fuel oil and used motor oil used for space heating or water heating.

5. To remove Class I or II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps normally used for dispensing purposes.

6. To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used.

7. To place temporarily out of service (for more than 90 days) an underground, protected above-ground or above-ground flammable or combustible liquid tank.

8. To change the type of contents stored in a flammable or combustible liquid tank to a material that poses a greater hazard than that for which the tank was designed and constructed.

9. To manufacture, process, blend or refine flammable or combustible liquids.

10. To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial, industrial, governmental or manufacturing establishments in accordance with Section 5706.5.4 or to engage in on-demand mobile fueling operations in accordance with Section 5707.

11. To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel tanks of motor vehicles, marine craft and other special equipment at commercial, industrial, governmental or manufacturing establishments in accordance with Section 5706.5.4 or,…