Travis County Commissioners Court
February 1, 2005
Item 11
Number 11 is to consider and take appropriate action regarding order amending the Travis County code adding chapter 71 fire code, which adopts the following: a, the international fire code for Travis County; and b, appropriate fees for implementation of the fire code. Last week we did have questions and issues that we wanted to take near week to address. So with that today at the follow-up meeting on this.
>> good morning, judge, Commissioners.
>> let's start without her. She'll be here momentarily.
>> over the past four weeks eve gotten input from the Commissioners court and citizens of Travis County which have helped us make additional revisions to the fire code and documentation, with consultation from the county attorney's office. And I think the revisions will provide necessary guidance for the application of the fire code for the foreseeable future. Do you have any questions?
>> where are we on the issues we discussed last week? Can we indicate those for the record?
>> the ones that we discussed?
>> the issues that were still outstanding last week?
>> the ones that we discussed in executive executive session were addressed in the changes. The ones that were discussed at the podium have also been addressed. If you'd like to know which provision that were included, I can flip through and indicate that for you.
>> just indicate on the order what they are. We did have some residents who were concerned about a couple of them.
>> the -- one of the issues related to the point at which the code would be affected and the definitions for existing buildings which determines which buildings will be covered by this has been changed to indicate that either groundbreaking, which is the requirement that is in the statute or issuance of a final permit for construction will be the criteria and that would be the earlier of the two. If you have your permit before groundbreaking, you will not have to comply with the code another issue that was raised was in issue to
>> definition of substantial?
>> no, it was the definition that talked about what was going to be -- oh. A building that's in existence right now and when you're changing it whether it's an enlargement, an alteration or repair, a conversion, previously the word maintenance was included. That word has been removed. In addition, enlargement, alteration and conversion have been modified to relate to a substantial change. And substantially for enlarging, altering and repairing will be that the cost of the work that's done is more than 50 percent of the most recent appraised value of the structure as determined by the Travis County appraisal district. And if it's a conversion where it could be that there was just a different use of space, then it would be 50% of the space in the building as determined by the external dimensions of the building. There was a question about when the effective date should be and what the code now says is intended to be a bit clearer, but basically it's the same meaning as it was before, that for all except the provisions that relate to section 109 of the international fire code, it would be effective today. Section 109 is the provision that allows for citations for violations. That section will become effective on may the 1st. On and after. And in relation to variances, simon did indicate that the there is a list of four criteria that must be taken into account when a variance is granted. The board of appeal has been modified to be a board of review, and it will review -- any time that there's a denial or an anticipated denial or recommendation of denial by the far marshal or any time there's a variance, the fire marshal is not saying the variance you proposed is exactly what I'm going to agree to, it would go to the board of review, which will consist of five people we have expertise in the area. One being a practicing design professional, one being an engineer or a technologist or technician trained in fire protection engineering, one being an industrial or chemical engineer, one being in the construction industry. And one being a representative of business or industry who is not in any of those other four categories. And I kind of abbreviated each of those categories a bit because there may be four or five types of categories that would suit this because -- so you get a general gist of what's involved there. And that board would also make a recommendation about how it felt about the appropriateness of -- from a professional standpoint, how it felt that this variance would be acceptable or not acceptable, so the court would have both to look at when it reviews the permit and made a determination about whether to approve it and whether to -- whether to approve it and whether to approve the variance as requested.
>> what the the board of review use?
>> the international fire code. In that situation they're looking at a little bit different circumstance where there isn't a statutory requirement that the governing body be the one who determines whether a permit is issued. And so their model was the fire chief who could approve or disapprove of the plans without anyone else over him and the board of appeal was to act literally as an appeal. The fire marshal would have declined and the board of appeal would review it and determine whether -- and could decide against the fire marshal. In our circumstance, it didn't seem appropriate for you to create a board of appeal between you and the district court, so -- because the fire marshal recommends to you, we put them between his recommendation and your final issuance or non-issuance of it so that it gives you a better basis for determining what you want to do before you make your decision and reduces the likelihood that arbitrary and capricious would be a standard that could be met.
>>
>> [one moment, please, for change in captioners]
>>
>> the board of review actually acts for the Commissioners court?
>> acts to recommend to the Commissioners court.
>> to us.
>> then our action is appealable to the --
>> district court.
>> district court.
>> but it puts you in a position of not having to -- to say I had this one individual who may or may not be acting in a judicious manner in this particular instance for whatever reason and you've got five other people who have professional credentials that are giving you some guidance as well. Now, the way it's written is so that if the request for a permit comes in and there's a variance request attached to it, and the fire marshal looks at it and says, this looks fine to me, then he's going to bring it to you without it going to the board of review. Because -- because the -- the -- person who is asking for the permit is not likely going to be wanting a second opinion on somebody who is agreeing with them. But if he is going to reject a permit request or if he's going to say the way that you requested this variance I can't live with, but this is what I can live with, in terms of a variance and -- and then you've got an additional panel of experts to advice you about what they -- whether they consider that to be a reasonable accommodation for -- that is still within keeping with the safety that needs to be maintained in the construction.
>> it is one -- the one other thing that has not been mention that is in here is a rewrite of what's in the law or a copying of what's in the law is that we need to set up a special revenue fund for the money that comes in as a result of this and that that special fund will go toward the administration and enforcement, which would be all areas of enforcement.
>> we have covered that in previous presentations.
>> anything else that we need to hear today?
>> remind me of what section 108 had since it's been fully deleted.
>> 108 and appendix a were the -- the sections that related to the board of appeal and so actually about 75% of what was in 108 and about 75% of what was in -- in appendix a had been written in so that you read it in the changes that were -- that were -- and the -- the 25% that's not there, is revising it from appeal to -- to review and putting a -- putting some little twists in there that make it fit the model that we are trying to create here. But coming very, very close to what was there.
>> simon, tell me, I appreciate you following up with the citizen that had called me in my office. If you were in an esd's jurisdiction, you cannot ask to say, you know, I really want to be in under the rule because given if we adopt the international fire code, I suppose we are all going to be of the same -- under the same jurisdiction in the same rules. But I think that this person mentioned something to me that somebody had suggested that, well, maybe you ought to try to get under the Travis County versus under a particular esd. I mean, that person had to have been confused by that. I mean that's not -- that couldn't happen, could it?
>> no. Per state law, the -- once the county adopts the fire code, there can't be any conflict with the code. That's why owe owe three or four of them already enforcing that code to make it even throughout the county.
>> okay. Well, I thought that, he just wanted to make sure so I can let that person know that that is the case, I appreciate you following up.
>> since I was the one asking for delays and concerns with people, I'm pleased with where we are. I mean I think this is moving forward with this, it's going to be a benefit to the county. I mean, I know that we are going to have as we know, there are going to be challenges because there are going to be some people coming to us and saying this is a little onerous, this is, you know, really causing a hardship. But I'm convinced that we're going into this with the right bind, certainly the best of what we need to do with the county. If that -- if it's in order, I would make a motion that -- that we carry forth and go through with adopting the international fire code.
>> second.
>> that's a motion to approve a and b.
>> a and b.
>> so assuming this passes, you will then put together a public education strategy?
>> correct, your honor. And start with a press release to -- to get out to the public as well as additional information.
>> okay. Any more discussion? Barbara, have we heard all of it, you think? All we need to hear?
>> the only other thing that I could tell you is the four criteria that must be present for variances to be granted if you would like to hear that.
>> let's hear them quickly.
>> the applicant has shown good and sufficient cause which has to show more than economic hardship. It's been determined that failure to grant the variance would result in exceptional hardship to the applicant. Granting the variance does not result in an increased risk of fire, additional threat to public safety, extraordinary public expense, create nuisances or cause fraud or victimization of the public and the variance is the minimum necessary exception to the chapter to afford relief to the applicant considering the fire hazard.
>> is that connected by ands oregons? Do -- or ores.
>> all four things.
>> the elgin question.
>> where do we get those criteria?
>> harris county. Those are the four criteria included in the harris county provision. Also included specific language within the requirements of the code that make it clear this a variance isn't even necessary if you provide the letter from the esd and that was not included.
>> these are -- these have served harris county well, I take it.
>> I wouldn't go so far as to say that, they are only 31 days into their ordinance at this point --
>> I asked the wrong question. I take that question back [laughter]
>> it's better than not having any criteria and opening ourselves up for subjectivity.
>> yes.
>> anybody else we need to hear from before we vote? All in favor? That passes unanimously, thank you very much, thank you for your hard work and your patience.
>> thank you Commissioners, thank you, judge. Maybe john should head back here, too. We have mr. Rylander here, there's an copy court part of this, I think. Is this just one copy of -- this is one copy.
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Last Modified:
Wednesday, February 2, 2005 9:40 AM