By Naishtat H.B. No. 2292
75R7482 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a statewide building and fire code.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 419, Government Code, is
1-5 amended by adding Section 419.0082 to read as follows:
1-6 Sec. 419.0082. STATEWIDE BUILDING AND FIRE CODE. (a) The
1-7 commission by rule shall adopt a statewide building and fire code.
1-8 The commission may update the statewide building and fire code as
1-9 necessary.
1-10 (b) The statewide building and fire code is applicable to:
1-11 (1) a building located in an unincorporated area of
1-12 this state that has not adopted a fire code under Chapter 235,
1-13 Local Government Code, that is at least as stringent as the
1-14 statewide building and fire code, as determined by the state fire
1-15 marshal;
1-16 (2) a building located in a municipality that has not
1-17 adopted a fire code;
1-18 (3) a public assembly building, without regard to
1-19 where the building is located, other than a public assembly
1-20 building located in a municipality that has adopted a building and
1-21 fire code applicable to the public assembly building that is at
1-22 least as stringent as the statewide building and fire code, as
1-23 determined by the state fire marshal; and
1-24 (4) a state-owned building.
2-1 (c) The statewide building and fire code must be consistent
2-2 with other laws of this state regulating danger from fire,
2-3 including Section 242.039, Health and Safety Code, and Chapters
2-4 753, 791, and 792, Health and Safety Code.
2-5 (d) In developing the statewide building and fire code, the
2-6 commission may not include restrictive, obsolete, conflicting, and
2-7 unreasonable requirements that unreasonably increase construction
2-8 costs, discourage the use of new materials, or provide unwarranted
2-9 preferential treatment to types or classes of materials, products,
2-10 or methods of construction.
2-11 (e) For purposes of this section, "public assembly building"
2-12 means a public or private building that is usually accessible to
2-13 the public during business hours, including any commercial building
2-14 such as a hotel or nursing home. The commission may adopt rules
2-15 that further define the term. The rules may exclude a building from
2-16 the definition of "public assembly building" if the commission
2-17 finds that the application of the statewide building and fire code
2-18 to the building is not necessary for the protection of the health
2-19 and safety of the public.
2-20 SECTION 2. Sections 417.008(b), (c), and (e), Government
2-21 Code, are amended to read as follows:
2-22 (b) The state fire marshal shall enter and is entitled, at
2-23 any time, to enter any public assembly building, as that term is
2-24 defined in accordance with Section 419.0082 [mercantile,
2-25 manufacturing, or public building, place of amusement, or place
2-26 where public gatherings are held], or any premises of a public
2-27 assembly building [belonging to such a building or place], and make
3-1 a thorough examination.
3-2 (c) The state fire marshal shall order the removal of a
3-3 building or structure or other remedial action if he finds that:
3-4 (1) the building or other structure is subject to the
3-5 statewide building and fire code adopted under Section 419.0082,
3-6 and the building or other structure does not meet the requirements
3-7 of that code;
3-8 (2) the building or other structure, because of lack
3-9 of repair, age, dilapidated condition, or other reason, is
3-10 susceptible to fire and is so located or occupied that fire would
3-11 endanger persons or property in the building or structure;
3-12 (3) [(2)] a dangerous condition is created by:
3-13 (A) an improper arrangement of stoves, ranges,
3-14 furnaces, or other heating appliances, including chimneys, flues,
3-15 and pipes with which they are connected, or by their lighting
3-16 systems or devices; or
3-17 (B) the manner of storage of explosives,
3-18 compounds, petroleum, gasoline, kerosene, dangerous chemicals,
3-19 vegetable products, ashes, or combustible, flammable, or refuse
3-20 materials; or
3-21 (4) [(3)] any other condition exists that is dangerous
3-22 or is liable to cause or promote fire or create danger for fire
3-23 fighters, occupants, or other buildings or structures.
3-24 (e) The state fire marshal may charge a reasonable fee to
3-25 the occupant or owner of a building or structure examined under
3-26 this section. The fee may not exceed the amount necessary to
3-27 recover the state fire marshal's costs in administering this
4-1 section [commission may adopt by rule any appropriate standard
4-2 developed by a nationally recognized standards-making association
4-3 under which the state fire marshal may enforce this section, except
4-4 that standards adopted by rule under this subsection do not apply
4-5 in a geographic area under the jurisdiction of a local government
4-6 that has adopted fire protection ordinances that apply in the
4-7 geographic area].
4-8 SECTION 3. Section 417.0081, Government Code, is amended to
4-9 read as follows:
4-10 Sec. 417.0081. INSPECTION OF [CERTAIN] STATE-OWNED
4-11 BUILDINGS. The state fire marshal, at the commission's direction,
4-12 shall periodically inspect state-owned [public] buildings [under
4-13 the charge and control of the General Services Commission] and
4-14 shall take any action authorized by the commission to enforce the
4-15 statewide building and fire code adopted under Section 419.0082 or
4-16 to otherwise protect the buildings and their occupants from an
4-17 existing or threatened fire hazard.
4-18 SECTION 4. Chapter 417, Government Code, is amended by
4-19 adding Sections 417.0082, 417.0083, 417.0084, and 417.0085 to read
4-20 as follows:
4-21 Sec. 417.0082. INSPECTION OF OTHER BUILDINGS. (a) The
4-22 state fire marshal, at the request of the owner of a building, may
4-23 inspect a building for compliance with the statewide building and
4-24 fire code adopted under Section 419.0082.
4-25 (b) The state fire marshal may charge a reasonable fee for
4-26 conducting an inspection under this section. The fee may not exceed
4-27 the amount necessary to recover the state fire marshal's costs in
5-1 administering this section.
5-2 Sec. 417.0083. ENFORCEMENT OF STATEWIDE FIRE CODE;
5-3 INJUNCTION. (a) At the request of the state fire marshal, the
5-4 attorney general may petition a district court for:
5-5 (1) a temporary restraining order to restrain a person
5-6 from a violation or threatened violation of the statewide building
5-7 and fire code adopted under Section 419.0082, if the state fire
5-8 marshal reasonably believes that the violation or threatened
5-9 violation creates an immediate threat to the health or safety of
5-10 residents of this state; or
5-11 (2) an injunction to restrain a person from a
5-12 violation or threatened violation of the statewide building and
5-13 fire code adopted under Section 419.0082, if the state fire marshal
5-14 reasonably believes that the violation or threatened violation
5-15 creates a threat to the health or safety of residents of this
5-16 state.
5-17 (b) A district court, on petition under this section, may by
5-18 injunction:
5-19 (1) prohibit a person from violating the statewide
5-20 building and fire code adopted under Section 419.0082; and
5-21 (2) grant any other injunctive relief warranted by the
5-22 facts.
5-23 (c) A suit for a temporary restraining order or other
5-24 injunctive relief must be brought in the county in which the
5-25 alleged violation or threatened violation occurs.
5-26 Sec. 417.0084. CIVIL PENALTY. At the request of the state
5-27 fire marshal, the attorney general may bring a civil action to
6-1 recover from a person who violates the statewide building and fire
6-2 code adopted under Section 419.0082 a civil penalty of $200 for
6-3 each violation. Each day the violation continues constitutes a
6-4 separate ground for recovery. In determining the amount of the
6-5 penalty, the court shall consider the seriousness of the violation.
6-6 Sec. 417.0085. RECOVERY OF COSTS. (a) If the attorney
6-7 general brings an action against a person under Section 417.0083 or
6-8 417.0084 and an injunction is granted against the person or the
6-9 person is found liable for a civil penalty, the attorney general
6-10 may recover, on behalf of the attorney general and the state fire
6-11 marshal, reasonable expenses and costs.
6-12 (b) For purposes of this section, "reasonable expenses and
6-13 costs" includes expenses incurred by the state fire marshal and the
6-14 attorney general in the investigation, initiation, or prosecution
6-15 of the action, including reasonable investigative costs, court
6-16 costs, attorney's fees, witness fees, and deposition expenses.
6-17 SECTION 5. Section 235.001, Local Government Code, is
6-18 amended to read as follows:
6-19 Sec. 235.001. AUTHORITY TO ADOPT AND ENFORCE FIRE CODE.
6-20 (a) The commissioners court of a county [with a population of over
6-21 250,000] may adopt a fire code and rules necessary to administer
6-22 and enforce the fire code.
6-23 (b) The commissioners court, or any municipality in the
6-24 county, may contract with one another for inspections conducted
6-25 under Section 235.004 or otherwise for the administration and
6-26 enforcement of the fire code.
6-27 SECTION 6. Section 235.002, Local Government Code, is
7-1 amended by amending Subsection (c) and adding Subsection (d) to
7-2 read as follows:
7-3 (c) The fire code must:
7-4 (1) conform to the statewide building and fire code
7-5 adopted by the Texas Commission on Fire Protection under Section
7-6 419.0082, Government Code, or to the Uniform Building Code or to a
7-7 national fire code adopted by the Southern Building Code Congress,
7-8 the National Fire Protection Association, or the Building Officials
7-9 and Code Administrators International; or
7-10 (2) establish protective measures that exceed the
7-11 standards of the codes described by Subdivision (1).
7-12 (d) Notwithstanding Subsections (a) and (b) of this section,
7-13 the fire code adopted under this section may apply to any building
7-14 that may be made subject to the statewide building and fire code
7-15 adopted by the Texas Commission on Fire Protection under Section
7-16 419.0082, Government Code.
7-17 SECTION 7. Chapter 235, Local Government Code, is amended by
7-18 adding Section 235.008 to read as follows:
7-19 Sec. 235.008. TECHNICAL ASSISTANCE. On request from a
7-20 county, the state fire marshal may provide technical assistance to
7-21 the county in developing and enforcing a fire code under this
7-22 chapter.
7-23 SECTION 8. (a) The Texas Commission on Fire Protection
7-24 shall adopt a statewide building and fire code, as required by
7-25 Section 419.0082, Government Code, as added by this Act, not later
7-26 than January 1, 1998.
7-27 (b) The statewide building and fire code adopted under
8-1 Section 419.0082, Government Code, as added by this Act, applies
8-2 only to a building or part of a building that is subject to the
8-3 code and that is constructed or renovated on or after September 1,
8-4 2001. The owner of a building may elect to comply with the code
8-5 before that date.
8-6 (c) Not later than January 15, 1999, the Texas Commission on
8-7 Fire Protection shall submit a report to the 76th Legislature that
8-8 includes recommendations for phasing in application of the
8-9 statewide building and fire code adopted under Section 419.0082,
8-10 Government Code, as added by this Act, to buildings that are
8-11 constructed before September 1, 2001. The report must consider the
8-12 safety goal of imposing the code and the cost burden imposed on
8-13 owners of existing buildings as a result of imposing the code.
8-14 SECTION 9. This Act takes effect September 1, 1997.
8-15 SECTION 10. The importance of this legislation and the
8-16 crowded condition of the calendars in both houses create an
8-17 emergency and an imperative public necessity that the
8-18 constitutional rule requiring bills to be read on three several
8-19 days in each house be suspended, and this rule is hereby suspended.