Ordinance No. 6,152Published In: THE BAYTOWN SUN
Thursday, February 20, 1992 920213 -6
Friday, February 21,199;RDINANCE N0. 6152
• AN ORDINANCE AMENDING CHAPTER 12, "FIRE PREVENTION AND
PROTECTION ", OF THE CODE OF ORDINANCES OF THE CITY OF
BAYTOWN BY ADDING ARTICLE IV "STORAGE OF NEW TIRES AND
REUSABLE WHOLE USED TIRES ", SECTION 12 -45, "DEFINITIONS
AS USED IN THIS ARTICLE ", SECTION 12 -46, "TIRE STORAGE
IN THE CITY OF BAYTOWN", SECTION 12 -47, "TIRE STORAGE
AREA IN EXCESS OF 500 SQUARE FEET BUT LESS THAN 2,500
SQUARE FEET, OR TIRE STORAGE AREAS IN EXCESS OF 2,500
SQUARE FEET WHICH ARE NOT REQUIRED TO BE EQUIPPED WITH A
SPRINKLER SYSTEM, IN THE CITY OF BAYTOWN", SECTION
12 -48, "TIRE STORAGE AREA IN EXCESS OF 2,500 SQUARE FEET
IN THE CITY OF BAYTOWN"; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A PENALTY OF
NOT LESS THAN TWENTY -FIVE AND N01100 ($25.00) DOLLARS
NOR MORE THAN FIVE HUNDRED AND N01100 ($500.00) DOLLARS
FOR THE VIOLATION THEREOF; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 12, "Fire Prevention and
Protection ", of the Code of Ordinances, City of Baytown, Texas,
is hereby amended by adding Article IV "Storage of New Tires and
Reusable Whole Used Tires ", Section 12 -45 "Definitions as Used in
this Article ", to read as follows:
ARTICLE IV. STORAGE OF NEW TIRES AND REUSABLE WHOLE
USED TIRES.
Sec. 12 -45. Definitions as used in this Article.
The following words shall have the following
definitions as used in this Article:
(a) "Tire storage or stored tires" shall mean
receiving, collecting, or storing tires for the
purpose of selling, retreading, splitting,
quartering, shredding, or grinding, for disposal,
resource recovery, or recycling.
(b) "Tire storage area" shall mean an area of a
building containing tire storage or stored tires
and containing aisles or clearances required by
this article.
(c) "Tire" shall mean any tire, whether new or used,
whether serviceable or unserviceable, made wholly
or partially of rubber, which was manufactured for
• use on any vehicle propelled by a motor (including
vehicles pushed or pulled by a vehicle propelled
by a motor) regardless of whether such vehicle is
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• intended for use on a public roadway, provided
that such tire is not mounted upon a wheel or rim
and in service upon or carried as a component
spare part of a vehicle.
(d) "Pile" shall mean vertical stacking of tires,
including tires stacked on pallets or in racks.
(e) "Pallet" shall mean any structure or device on
which tires are piled which prevents contact
between the tires and the floor of the structure.
(f) "Racks" shall mean shelving, framework or stands
in which tires are stored.
(g) "Ceiling structure" shall mean the interior
surface at the top of a building or room and its
supporting structures or members.
(h) "Barriers or fire barriers" shall mean fire
resistant structures designed to inhibit the
spread of fires.
M "Sprinkler type fire suppression system" shall
mean an automatic device or series of devices
designed, manufactured, and installed for fire
suppression or inhibition by means of spraying
water or foam, which device or devices is
triggered or activated by heat, smoke, or other
indicia of open flame, and which complies with the
requirements of Chapter 4 of the National Fire
Prevention Associations Standard for Storage of
Rubber Tires.
(j) "Smoke detection system" shall mean an automatic
device or devices designed, manufactured, and
installed to detect the presence of smoke or other
indicia of fire and to give warning thereof by
means of automatic electronic signal capable of
being monitored by the Baytown Fire Department.
(k) "Construction Types" shall refer to the
definitions in Chapter 6 of the Standard Building
Code.
(1) "Protected or unprotected buildings" shall refer
to the definitions in Chapter 6 of the Standard
Building Code.
Section 2: That Chapter 12, "Fire Prevention and
Protection ", of the Code of Ordinances, City of Baytown, Texas,
• is hereby amended by adding Article IV "Storage of New Tires and
Reusable Whole Used Tires ", Section 12 -46 "Tire Storage in the
City of Baytown ", to read as follows:
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• Sec. 12 -46. Tire storage in the City of Baytown.
The following requirements shall apply to all
buildings containing tire storage in the City of
Baytown:
(1) Tires shall be stored in a safe and orderly
manner.
(2) Pile height shall be no higher than 15 feet.
Tires stored in racks or on pallets shall be
stored no higher than 12 feet from floor level
unless the Fire Official determines that
adequate fire prevention measures have been
taken which justify a higher rack or pallet
height, in which case the permissible height
shall be determined by the Fire Official. In
no case shall pile height be greater than 36
inches below the lowest point of the ceiling
structure.
(3) Aisles shall be maintained between piles to
allow unobstructed access to piles. Aisle
widths shall be determined by the Fire
Official, except where otherwise required by
this Article.
(4) Stored tires shall be separated from heating
or lighting devices or open flame by a
distance of at least three feet, or shielded
so that ignition cannot occur.
(5) Tires shall be stored so as not to obstruct
ingress or egress to and from the structure in
which they are stored. Exits and entrances
shall be maintained so as to provide free and
unobstructed ingress and egress from the
structure at all times so as to be available
for full and instant use in case of fire or
other emergency.
(6) Hand held fire extinguishers shall be placed
in easily accessible locations around the
perimeters of the piles with no more than 75
feet of linear travel between each fire
extinguisher. said fire extinguishers shall
be no less than 10 lb. A,B,C rated fire
extinguishers, maintained in good operating
condition and approved by the Fire Official.
• (7) No single pile shall occupy a volume in excess
of 12,000 cubic feet.
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• (8) All buildings or structures containing tire
storage shall be limited to the maximum number
of stories, according to Construction Types as
follows:
(i) Type I 4 stories
(ii) Type II 3 stories
(ii) Type III 2 stories
(iv) Type IV 2 stories if protected
1 story if unprotected
(v) Type V 2 stories if protected
1 story if unprotected
(vi) Type VI 1 story
Section 3: That Chapter 12, "Fire Prevention and
Protection ", of the Code of Ordinances, City of Baytown, Texas,
is hereby amended by adding Article IV "Storage of New Tires and
Reusable Whole Used Tires ", Section 12 -47 "Tire Storage Area in
Excess of 500 Square Feet but less than 2,500 Square Feet, or
Tire Storage Areas in Excess of 2,500 Square Feet which are not
Required to be Equipped with a Sprinkler System, in the City of
Baytown ", to read as follows:
Sec. 12 -47. Tire storage area in excess of 500
feet but less than 2,500 square
or tire storage
square feet which
equipped with a
City of Baytown.
areas in excess of
are not required
sprinkler system,
square
feet,
2,500
to be
in the
Tire storage structures in the City of Baytown
containing tire storage area in excess of 500 square
feet but less than 2,500 square feet, or tire storage
areas in excess of 2,500 square feet which are not
required to be equipped with a sprinkler type fire
suppression system under the provisions of Section
12 -48(1) of this Article, shall be equipped with
either a smoke detection system capable of being
monitored by the Baytown Fire Department, or a
sprinkler type fire suppression system approved by the
Fire Official. However, if the storage structure was
used for the purpose of tire storage and had obtained
a Building Permit or Occupancy Permit for such use
from the City of Baytown Inspection Department on or
before January 1, 1992, then this requirement shall
not take effect until January 1, 1997.
Section 4: That Ch
Protection ", of the Code of
is hereby amended by adding
• Reusable Whole Used Tires ",
Excess of 2,500 Square Feet
follows:
[apter 12, "Fire Prevention and
Ordinances, City of Baytown, Texas,
Article IV "Storage of New Tires and
Section 12 -48 "Tire Storage Area in
in the City of Baytown ", to read as
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• Sec. 12 -48. Tire storage area in excess of 2,500
square feet in the City of Baytown.
The following requirements shall apply to all
buildings in the City of Baytown containing tire
storage area in excess of 2,500 square feet except for
buildings which were used for tire storage and had
obtained a Building Permit or Occupancy Permit for
such use from the City of Baytown Inspection
Department on or before January 1, 1992.
(1) All structures shall be equipped with a
sprinkler type fire suppression system
approved by the Fire Official and capable of
being monitored by the Baytown Fire
Department.
(2) All stored tires shall be segregated from all
other stored tires
or other flammable or
combustible materials by complete enclosure
within four hour
rated fire walls. The
storage area required to be segregated shall
be determined by
Construction Types as
follows:
(i) Type I
30,000 square feet
(ii) Type II
20,000 square feet
(iii) Type III
10,000 square feet
(iv) Type IV
10,000 square feet if
protected
7,500 square feet if
unprotected
(v) Type V
10,000 square feet if
protected
7,500 square feet if
unprotected
(vi) Type VI
4,000 square feet
Section 5: All ordinances or parts of ordinances
inconsistent with the terms of this ordinance are hereby
repealed; provided however, that such repeal shall be only to the
extent of such inconsistency and in all other respects this
ordinance shall be cumulative of other ordinances regulating and
governing the subject matter covered by this ordinance.
Section 6: If any provisions, section, exception,
subsection, paragraph, sentence, clause or phrase of this
ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional,
void or invalid, such invalidity shall not affect the validity of
the remaining provisions of this ordinance or their application
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to other persons or sets of circumstances and to this end all
provisions of this ordinance are declared to be severable.
Section 7: Any person who shall violate any of the
provisions of the ordinance hereby adopted or fail to comply
therewith, or who shall violate or fail to comply with any order
made thereunder, or who shall build in violation of any detailed
statement of specifications or plans submitted and approved
thereunder, or any certificate or permit issued thereunder, and
from which no appeal has been taken , or who shall fail to comply
with such an order as affirmed or modified by the City Council or
by a court of competent jurisdiction, within the time fixed
herein, shall severally for each and every such violation and
noncompliance respectively, be guilty of a misdemeanor,
punishable by a fine of not less than Twenty -five and No /100
($25.00) Dollars nor more than Five Hundred and No /100 ($500.00)
Dollars. The imposition of one penalty for any violation shall
not excuse the violation or permit it to continue; and all such
persons shall be required to correct or remedy such violations or
defects within a reasonable time; and when not otherwise
specified, each ten (10) days that prohibited conditions are
maintained shall constitute a separate offense.
Section 8: This ordinance shall take effect from and after
ten (10) days from its passage by the City Council. The City
Clerk is hereby directed to give notice hereof by causing the
caption of this ordinance to be published in the official
newspaper of the City of Baytown at least twice within ten (10)
days after passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 13th day of
February, 1992.
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0 ATTEST:
E LEEN P. HALL, City Clerk
ek"ACIO RAMIREZ, S ., City Attorney
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