Travis County Commissioners Court
January 11, 2005
Item 1
Number one, though, is a public hearing to receive comments regarding adoption of the following: a. The international fire code for Travis County; and b. Appropriate fees for implementation of the fire code.
>> move to open.
>> second.
>> all in favor? That passes by unanimous vote, we did commit to take action next week but to conduct a public hearing today. If we receive comments, mull over those between now and January 18th. Good morning.
>> good morning. Good morning, judge, Commissioners. I知 with the Travis County fire marshal. A brief history, the collaborative effort of the commercial building community, the 13 emergency service districts/county fire departments and the city of Austin have agreed to adopt the recommendations required by the adoption of the international fire code as the fire code for Travis County. The purpose of the fire code is to protect and promote the public health, safety and welfare of the residents of Travis County. By requiring permits for the construction of commercial structures and public buildings in unincorporated Travis County and to impose standards to protect the lives and property of the general public. As an urban county we are embarking on a comprehensive mechanism to ensure that all of the citizens of Travis County can be assured to be fire safe in any public or commercial building located in the county. Per current state law, this fire code does not apply to private residences. Fire codes involve prevention and control of fires. Fire codes regulate the design, construction and maintenance of structures and establish a minimum acceptable level of public fire safety. All the large cities in Texas and most of the incorporated jurisdictions in the urban areas have adopted fire codes. The city of Austin, as well as four esd's, have currently adopted the national fire code and are using it. The fire marshal outfits would accomplish the following functions involving the fire code: check building mechanical, electrical, sprinkler and fire alarms, meet with architects and contractors and property owners to discuss code requirements, process initial building alarm and sprinkler permits, and process temporary use permits such as those [indiscernible] the adoption requires -- benefits the community. Safety will be increased for buildings such as schools and businesses, reduction in deaths, injuries and direct property loss as a result of the fire codes enacted and enforced. Citizens require the assurance that buildings in which they work, shop, use for child care, and parental care and educating their children are safe for fire hazards. Business owners expect a consistent level of code enforcement to maintain a level playing field. Code officials recognize the need for modern up to date fire code, addressing conditions hazardous to life and property from fire explosion, handling or use of hazardous materials and in buildings and premises. The international fire code 2003 edition is designed to meet these needs through model code regulations that safeguard the public health and safety of communities large and small. The comprehensive fire code establishes minimum regulations for fire prevention and fire protection systems using print active and performance -- prescript active and performance related provisions. [indiscernible] that make it possible the use of new materials and new system designs. The code is founded on principals intended to establish provisions consistent with the scope of the fire code, that adequately protects public health, safety and welfare. Provisions that do not unnecessarily increase construction costs, provision that's do not restrict the use of new materials, products, or methods of construction and provision that's do not give preferential treatment to particular types or classes of materials, products or methods of construction. That is why we are requesting the adoption of the international fire code as the fire code of Travis County.
>> so now the city of Austin has the international fire code already?
>> they are in the process of adopting it. They have -- they currently have the uniform fire code. But the uniform fire code, as well as the southern building fire code, have combined to form the international fire code. Those two are going away, the international fire code is replacing it. Which is why the city of Austin has the --
>> just a matter of time before the city has it.
>> what about the esd's now. Four of them are currently utilizing the international fire code.
>> what -- what's the position of the others?
>> they are relying on the county, the adoption of the code for us to do the enforcement.
>> okay.
>> let me clarify one other point now. Apartment buildings will not be covered?
>> buildings that are less than --
>> I have been asked that a couple of times. The apartment complexes are not covered? They are treated as residences? Not commercial buildings. So if we had to give examples of commercial buildings in unincorporated areas that -- that stand out as being those that we know would be covered by the international fire code, what examples would we give? I heard you mentioned child care centers first.
>> yes, grocery stores, schools, public libraries.
>> [indiscernible]
>> I知 sorry?
>> [indiscernible]
>> any duplex that's greater than 10 occupancies or 10 people in it. Anything greater then a four-plex or a multi-plex building, that would all fall under the international fire code.
>> but anything greater than a multi-plex that is not used for housing.
>> not a private residence, yes. Private residences are not allowed to be covered under the fire code by state law.
>> I thought that I heard barbara say more than a four-plex used for housing would just be a small apartment building, right, that would not be covered.
>> right. [inaudible - no mic] if it's the county that's doing the fire code, which it is [inaudible - no mic] multi-family dwellings on that which is covered under the fire code.
>> but the esd's do, that's why some esd's may think that we do.
>> I don't know whether esd's do or do not. I have never looked at their authority. I assume they do because some of -- some of the codes that esd's have passed do in fact cover. I知 assuming that they have gotten legally -- says that that's possible for them. I don't know that to be true. I知 making a major assumption there. Just because of what has happened in the past in them.
>> the other thing is that if we adopt this and -- on January 18th, next Tuesday, those that -- that have -- that have obtained a construction permit before that date, are not covered?
>> that's right.
>> you can't cover --
>> construction permit is the same as a building permit?
>> well, I -- the -- I have to go back and look at exactly what the -- what the code that we are talking about says. But I知 -- I知 thinking that anything -- oh, now I I知 thinking that it's anything that construction has begun on before the date that the -- that the code is passed, but i'll have to go back and look because it's been a while since --
>> let's clarify that next week, then. That was not a trap by the way. I was just trying to tell you his thinking.
>> I was going to say there are no traps, I should know all of this stuff.
>> per the -- [indiscernible] construction started on, broken down started construction, it will not be, be grandfathered, if they haven't started construction, it will apply under the code.
>> okay. Why don't we have the public hearing on the a part then turning to the -- to the b's. Do you want to do that?
>> uh-huh.
>> sure. Anybody here to give comments on the international fire code for Travis County, 1 a if so please come forward at this time. Any opportunity --
>> even if you are in support of it.
>> to give comments, for it, against, on as they say at the legislature.
>> chief mullenberg is coming to the podium. Judge, Commissioners, I知 Ron mullenberg president of the capital fire chiefs association and fire chief for esd number 2. We think this is a great day in history for Travis County, particularly we can couple this to an adoption, get this code put in place. Without a doubt, it will make Travis County a much safer place for us to live. And work and play. It's been a long time coming. And I was -- as I was driving in this morning trying to think back how many years we've talked about it amongst the fire chief and the fire service community, how long we've wanted to see a uniform fire code in place for all of Travis County, and I can go back as long as a decade and a half. So it's been a long time coming. We certainly appreciate your support. Look forward to working with Commissioners court and fire marshal's office to make sure that the code is uniformly applied across Travis County.
>> am I hearing, although I知 not hearing it this way precisely, that if you have a fire code as a governmental entity, the international code is where everybody seems to be headed?
>> yes, sir. There's a -- there's not just a movement in Texas. It is a national movement to move toward one code. That in the past where there were several uniform codes, including the uniform code, southern building code, there's even a dallas code that we sometimes see appear. Of course what that does is allow for confusion because we have contractors that move in here from metropolitan areas, want to erect a building according to codes that they are familiar with, we have to sit down and -- and play the game of finding a point of common -- compromise there. Under the international code that should be taken care of. And certainly it is gratifying and my particular district we were previously the uniform code. The city of Pflugerville was previously the uniform code. We already adopted the international code. Knowing that was the direction Travis County was headed to and knowing that the city of Austin personally we did not want to get caught in between. You know, we want to be just like everybody else. That's what I think is really great in our community now. We -- we begin to -- to not be so conscious of those imaginary political boundaries that exist out there and look at things like code enforcement from a community standpoint.
>> right. Makes sense to me.
>> let me ask you this question --
>> sure.
>> let's say there's someone that's not familiar with what we're doing here today and they are coming in after -- after this particular international fire code is adopted by this Commissioners court. What -- how would they actually know those -- and the construction industry -- how would they actually know about what we are doing? How would that be broadcast to them to make sure that they are in compliance with the specific codes? And if there is a situation where there is not information translated to them, after they have gone through the process, after they started the construction, after this adoption, then how could they end up coming into compliance? I知 just trying to not be the devil's advocate, but what I知 trying to do is make sure that what we are doing here is echoed and broadcast enough out there to the construction industry whereby there wouldn't be any slippage in contact. How would you handle that?
>> Commissioner Davis, there's a standard in the industry contract, builders that are building buildings will make a submission for their plan review. That is what we make the -- not to say it always happens, because even in esd 2 we begin to find buildings that grow out of the ground. We may visit and I知 very familiar with the fire marshal's staff and I know that we all kind of think alike. It's time to have a polite visit then with the superintendent to say let's start right here. And that's where we begin to negotiate those points of your building has to be built according to these standards. Generally speaking, you know, other than somebody that goes out there and buys a bunch of two-by-fours and starts you know erecting a building, we don't want that to happen. But generally their building is some sort of a starnld. The architectural -- standard, the architectural community that draws the plans knows that there has to be a standard employed. And so they even -- even after the building is begun, if that should happen, there are ways to bring it into compliance from that point.
>> from that point.
>> yes, sir.
>> okay.
>> thank you.
>> thank you.
>> thank you. Would anyone else like to give testimony during this public hearing? Okay. On -- b is the -- the appropriate fees.
>> per -- [indiscernible] government code chapter 233, appropriate and necessary fees, defray the cost [indiscernible] to be adopted and be made a part of the code, and your documentation is attached to the order. And the code as table 71-a, fees. These fees are all reasonable and normal and purposely equal to those that the city of Austin are currently charging for their same type of services.
>> for those who want to see a copy of the fees between now and next week they can contact your office.
>> yes, sir.
>> what's that phone number again?
>> 854-4621.
>> okay.
>> and fees are broken down into various categories? We narrowed the city of Austin fees and I think -- the thinking there is that you are dealing with pretty much the same contractors and, builders and I guess professional people. It just makes sense to have one system in place.
>> that's correct.
>> the other incorporated areas and eventually the esd.
>> that's correct.
>> would anyone like to give testimony in this public hearing? Testimony regarding fees that are recommended? If so, please come forward.
>> second.
>> we would have this item back on next week for action. If you have questions or would like to see copies of the information that we are considering for action next week, please contact the Travis County fire marshal's office. All in favor? That passes by unanimous vote. With Commissioner Gomez temporarily off the dais.
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Last Modified:
Tuesday, January 5, 2005 7:58 AM