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02-12-2013 (City Council) Agenda Packet
Wylie City Council CITY:FWYLIE NOTICE OF MEETING Regular Meeting Agenda February 12, 2013 — 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Kathy Spillyards Mayor ProTem David Goss Place 1 Nathan Scott Place 2 Bennie Jones Place 4 Rick White Place 5 Diane Culver Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wvlietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE • Present Color Guard - 2nd Grade Scout Pack 5150 • Proclamation Honoring Junior Catholic Daughters of the Americas celebrating its 87th Anniversary on Sunday February 17, 2013 (Mayor Eric Hogue) PRESENTATIONS • "Shining the Wylie Way" - 3rd 6 Weeks CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. February 12,2013 Wylie City Council Regular Meeting Agenda Page 2 of 3 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the January 22, 2013 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Review, and place on file, the 2012 Wylie Police Department Annual Traffic Contact Report. (J. Duscio, Chief of Police) C. Consider, and act upon, Ordinance No. 2013-05, amending the comprehensive zoning Ordinance of The City Of Wylie, as heretofore amended, so as to change the zoning on the hereinafter described property, zoning case number 2012-11, from Neighborhood Services (NS) District to Neighborhood Services with a Specific Use Permit (NS-SUP) District for an Animal Clinic or Hospital use limited to a lease space (Suite 110) of 2,515 square feet; providing for a penalty for the violation of this ordinance; providing for the repeal of all Ordinances in conflict; providing a severability clause; and providing for an effective date. (R. 011ie, Planning and Zoning Director) D. Consider and act upon a Vendor Application request from the group representing the Run for Heroes Event for a vendor fair at Olde City Park on April 6, 2013. (R. Diaz, Parks & Rec Superintendent) E. Consider and act upon a Vendor Application request from the Wylie Baseball and Softball Association for vendors to sell items at Community Park on March 23, 2013. (R. Diaz, Parks & Rec Superintendent) REGULAR AGENDA 1. Consider and act upon Ordinance No. 2013-07 of the City of Wylie, Texas, amending Ordinance No. 2012-27 (2012-2013 Budget) and approving an appropriation of funds in the amount of$55,000 to the Parks Building Fund budget and approving a deposit of$55,000 from the Wylie Advocates for Senior Activities (WASA) as revenues into the General Fund; Providing for a repealing, savings and severability clauses, and providing for an effective date of this ordinance. . (J Butters, Asst. City Mgr.) Executive Summary WASA has donated$55,000 to the City for the exclusive purpose of remodeling the former Smith Public Library for the use as a Wylie Senior Center. 2. Consider and act upon, the appropriation of$25,000 from Acct. # 112-5615-58830 (4B Recreation, furniture and fixtures) to Acct. # 112-5615-58910 (4B Park, Buildings) for the purpose of helping to fund the remodel of the Former Library for use as a Wylie Senior Center. (J. Butters, Asst. city Mgr.) Executive Summary WASA has donated $55,000 for remodeling the Smith Public Library for use as a Wylie Senior Center. The current Wylie Senior Program has become too large and well attended to be adequately served by the Community Center. February 12,2013 Wylie City Council Regular Meeting Agenda Page 3 of 3 3. Consider, and act upon Ordinance 2013-06 of the City of Wylie, Texas, repealing Ordinance No. 2012-33; adopting the 2012 edition of the International Fire Code, save and except the deletions and amendments set forth herein; amending Chapter 46, Article III (Fire Code) of the Wylie Code Of Ordinances; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. (R. Corbin, Fire Chief) Executive Summary The Fire Dept. &the City are currently an Insurance Services Office (ISO) Class One rated municipality. In an effort to maintain this rating and remain proactive in fire prevention, the Wylie Fire Prevention/Community Risk Reduction Division(WFPCRRD)has been actively participating in the NCTCOG's Fire Advisory board meetings. The goal of the WFPCRRD is to maintain and prevent deficiencies in future ISO PPC ratings due to Fire Code, and remain current in relation to industry standard Fire Code. Adoption of the 2012 International Fire Code NCTCOG regional amendments, Option B track provides a means for achieving this goal. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. WORK SESSION • Discuss Potential Refunding of 4B Sales Tax Revenue Debt for Savings. (L. Bantz, Finance Director) RECONVENE INTO REGULAR SESSION ADJOURNMENT In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive Session, will be taken and recorded in open session. CERTIFICATION I certify that this Notice of Meeting was posted on this 8th day of February, 2013 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday, January 22, 2013 — 6:00 p.m. Wylie Municipal Complex — Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Hogue called the meeting to order at 6:02 p.m. City Secretary Ehrlich took roll call with the following City Council members present: Mayor Eric Hogue, Councilwoman Diane Culver, Councilman Rick White, Councilman David Goss, Councilman Bennie Jones (arrived at 6:10 p.m.), and Councilman Nathan Scott. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Linda Bantz; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Planning Director, Renae' 011ie; Police Chief, John Duscio; WEDC Executive Director, Sam Satterwhite; Public Services Director, Mike Sferra; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE • David Keuss, Woodbridge Bible Fellowship Church Pastor David Keuss representing the Woodbridge Bible Fellowship Church led the invocation and Fire Chief Corbin led the Pledge of Allegiance. PRESENTATIONS • Shining the Wylie Way-3rd 6 Weeks Mayor Hogue announced the Shining the Wylie Way students would be honored at the February 12, 2013 regular council meeting. • Presentation of Certificates of Appreciation to: Mayor Eric Hogue Councilman Nathan Scott Minutes January 22, 2013 Wylie City Council Page 1 City Manager, Mindy Manson Citizen, Tom Kollman For their participation in the judging of the American Legion High School Oratorical Scholarship "Constitutional Speech Contest" (American Legion) Mary Lange, representing the Wylie American Legion, presented plaques of appreciation to members of the judging team for the oratorical scholarship contest. She also introduced Brandon Carr who won the contest and went on to district competition. • Presentation regarding Collin County Transportation Priorities. (Collin County Commissioners - Cheryl Williams and Duncan Webb) Collin County Commissioners Cheryl Williams and Duncan Webb gave a short presentation regarding funding for the county thoroughfare plan. Williams noted that the new projects to receive available RTR funding included Wylie/Lucas FM 1378 from North Parker Road to South Parker Road. She explained the Wylie project for Pleasant Valley Road was not on the county mobility plan and urged city staff and officials to request the county include that project in their next mobility update. Commissioner Webb explained the new ranking process for all requests for RTR funding which reviewed project readiness, matching funding from cities and economical need for improvements, among other needs. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. No one was present to address council during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the January 8, 2013 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Investment Report for December 31, 2012. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for December 31, 2012. (L. Bantz, Finance Director) D. Consider, and act upon, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of December 31, 2012. (S. Satterwhite, WEDC Director) Minutes January 22, 2013 Wylie City Council Page 2 E. Consider, and act upon, Ordinance No. 2013-03, amending the zoning from Agricultural District (AG/30) to Planned Development/Single-Family (PD-SF) on approximately 52.631 acres generally located south of S.H. 78, east of Wylie East Drive and north of Wylie East H.S. ZC 2012-10. (R. 011ie, Planning& Zoning Director) F. Consider, and act upon, Ordinance No. 2013-04, amending Ordinance No. 2009-12 (Comprehensive Fee Ordinance) and Section XII (Municipal Court Fees) of Appendix C (Wylie Comprehensive Fee Schedule) of the Wylie Code of Ordinances. (L. Davis, Municipal Court Supervisor) G. Consider, and act upon, Resolution No. 2013-04(R) ordering a General Election to be held on May 11, 2013 for the purpose of electing two (2) City Council members, Places 1 and 3, to the Wylie City Council to hold office for a period of three years; Designating Locations of Polling Places; Designating Filing Deadlines, Ordering Notices of Election to be given as prescribed by law in connection with such election; and appointing Election Judges. (C. Ehrlich, City Secretary) H. Consider, and act upon, an Election Contract by and between the City of Wylie and the Rockwall County Elections Administrator for administration of the May 11, 2013 Wylie General Election. (C. Ehrlich, City Secretary) Council Action A motion was made by Councilwoman Culver, seconded by Councilman White to approve the consent agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA Presentation of the Comprehensive Annual Financial Report for the FY 2011-2012. Staff Comments Finance Director Bantz addressed council stating that the City Charter in Article VII, Municipal Finance, Section 13: Independent Audit requires that at the end of the fiscal year an independent audit be made of all accounts of the City by a certified public accountant. In compliance with the City Charter, our outside auditor, Weaver, L.L.P. has performed an audit as of September 30, 2012. Bantz explained that this is the fifth year for the audit to be performed by Weaver L.L.P. She introduced Mr. John DeBurro, Senior Audit Manager with Weaver, who gave a brief presentation of the CAFR, including the Independent Auditors' Report and answered any questions that the City Council had regarding the report. Mr. DeBurro gave a short presentation regarding the fund balances and activities for fiscal year 2011- 2012. He reported that the firm granted the City an unqualified (clean) audit letter. Mr. DeBurro complemented the staff for their continued work. 1. Consider, and act upon, acceptance of the Comprehensive Annual Financial Report (CAFR) for FY 2011-2012 after presentation by the audit firm of Weaver and Tidwell, LLP. (L. Bantz, Finance Director) Minutes January 22, 2013 Wylie City Council Page 3 Council Action A motion was made by Councilman White, seconded by Mayor Pro Tem Spillyards to accept the Comprehensive Annual Financial Report (CAFR) for FY 2011-2012 as presented by the audit firm of Weaver L.L.P. A vote was taken and the motion passed 7-0. Presentation of the Wylie Economic Development Corporation Annual Report. Staff Comments WEDC Executive Director Sam Satterwhite addressed the Council regarding the 2013 WEDC Annual Report. As required by the WEDC By-Laws, the Annual Report is to be presented to Council by January 31st and must address the current financial condition, direct and indirect economic development programs, incentive programs, and 2013 goals and objectives. Satterwhite indicated that as a component unit of the City of Wylie, the City auditors of Weaver & Tidwell, LLP reviewed WEDC financial activities. WEDC sales tax receipts have increased over prior year figures by 5.4%. The WEDC expended $576,543 on grants and engineering services directly attributed to incentive packages, $132,452 on the purchase of real property, $264,530 on personnel services, $85,686 on marketing and promotion, and debt service of $633,755. The WEDC ended the FY 2011 - 2012 with a fund balance of $1,330,462, an increase of $312,253 over the prior year fund balance. It was reported that the WEDC fund balance will be significantly impacted in 2013 via non-reoccurring incentives and infrastructure improvements in excess of$806,000. In FY 2012 — 2013, the WEDC is contractually obligated to fund $693,589 in direct incentive programs in addition to a sales tax rebate program for infrastructure improvements executed with Direct Development (estimated at $342,000). Further, the WEDC has committed to fund $112,000 in infrastructure improvements associated with the PM Realty project on F.M. 544. The WEDC currently owns 31 acres of property with a cost basis of $3,575,555 (including the 23.8 acre Ascend tract). Further, the WEDC owns Ascend real property improvements (96,000 square feet) with a construction cost of $5.3 million. The WEDC has annual debt service of $661,644 associated with the above property and a principal balance of $5,397,648 as of December 31, 2012. Satterwhite continued that in 2012 within Woodbridge Crossing, construction was completed on Ross, Rack Room, Rue 21, and Rosa's Café. While Direct Development continues to be successful in developing Woodbridge Crossing, certain performance measures within the Retail Development Agreement were not met causing Direct to be in Default under the terms of the Agreement. The result of the default reduced the maximum incentive under the sales tax reimbursement program from $12 million to $6 million. The WEDC indicated that Direct Development will reach its maximum reimbursement on or about September 2017. In 2012 construction began on the 175,000 square foot Kroger Marketplace anchored Woodbridge Centre, a 56,000 square foot, twelve screen B&B Theatre, and a Dairy Queen. Satterwhite indicated that the Wylie DQ generated the highest weekly revenue of any national and international Dairy Queen concept surpassing the previous mark set by a Frisco DQ. Also underway in 2012 was the construction of a 51,000 square foot medical office building and 24- hour emergency room/acute care facility. With approximately 75% of the project leased to Lake Point and Lake Point affiliated practitioners, it is anticipated that Wylie could support one or two Minutes January 22, 2013 Wylie City Council Page 4 more phases from the PM/Lake Point partnership. Satterwhite stated that in 2012 — 2013 the continued pursuit of sit-down restaurants will take place, a reemphasis to encourage development on the KCS property, and close the approximately $27 million in industrial projects that the WEDC is currently working on. 2. Consider, and place on file, the Wylie Economic Development Corporation Annual Report. (S. Satterwhite, Executive Director WEDC) Council Action A motion was made by Mayor Pro Tern Spillyards, seconded by Councilman Scott to accept and place on file the 2012 Wylie Economic Development Corporation Annual Report. A vote was taken and the motion passed 7-0. Public Hearing 3. Consider, and act upon, a SUP for a Veterinary Animal Clinic/Hospital. (R. 011ie, Planning&Zoning Director) Staff Comments Planning Director 011ie addressed council stating that a request for a Specific Use Permit (SUP) for an Animal Clinic or Hospital Use limited to a lease space (Suite 110) of 2,515 square feet within the existing Zlan Corner Commercial Center, generally located at the northeast corner of Country Club Road and W. Brown Street. 011ie explained an SUP provides a means of oversight and evaluation by the Commission and City Council of certain uses as to its probable effects upon adjacent properties and the community's welfare by assuring appropriateness and compatibility with surrounding land uses. The applicant is proposing to lease an existing suite to a local veterinarian for medical care for local domestic pets and animals in the immediate and surrounding neighborhoods. The property is currently zoned Neighborhood Services; NS districts allows for convenience of retail shopping and personal service uses principally serving the needs of surrounding neighborhoods and compatible with adjacent land uses in scale and character. Recently constructed in 2011, the center has since leased out spaces for Dry Cleaning & Laundry Service and a Retail Beverage Store. Situated on 1.814 acres, the 13,000 square foot center was designed to accommodate multiple and diverse uses consistent with NS designated purposes. Council/Applicant Comments Dr. Michael Lamping, applicant, addressed council stating that the clinic would handle approximately 25 dogs and cats on a daytime appointment schedule. Periodically, a few animals may stay over for hospital surgery. No boarding would be provided either indoors or outdoors. Councilman Jones asked about animal waste. Dr. Lamping explained there would be an area in the back of the clinic and would be kept maintained on an ongoing basis. Mayor Pro Tem Spillyards asked Planning Director 011ie if provisions were set in the ordinance in the event a new veterinary clinic wished to lease the building and offered boarding. Planning Director 011ie explained there were two uses for veterinary clinics in the comprehensive zoning ordinance; Boarding/Kennel Use and Veterinary Hospital Use. If a new lessor wished to lease the suite and offered boarding, a new SUP would be required and would come to council for approval. Minutes January 22, 2013 Wylie City Council Page 5 Public Hearing Mayor Hogue opened the public hearing at 7:23 p.m. asking anyone wishing to address council on this item to come forward. No one was present to address council during the public hearing. Mayor Hogue closed the public hearing at 7:23 p.m. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Goss to approve a Special Use Permit for a Veterinary Animal Clinic/Hospital located on the northeast corner of Country Club Road and W. Brown Street. A vote was taken and the motion passed 7-0. 4. Consider, and act upon, an amendment to the Parks and Recreation Board Bylaws, adding Item G, Article V-Section 4. (R. Diaz, Parks Superintendent) Staff/Council/Board Comments Parks Superintendent Robert Diaz addressed council requesting a change in the Park Board Bylaws to establish a chain of command for Board members to receive answers to questions regarding any Parks and Recreation issues or concerns. Diaz noted the Parks Board had initiated this request and had voted to request the change. Mayor Hogue asked why this issue was coming before council. He noted that boards were made up of volunteers, appointed by council. Parks Board Chair Rose explained that there had been situations where board members had approached council with questions that could have easily been answered by staff. He noted that the request was not restricting board members from going to any staff member or council member but the board felt this would be a good process to follow. Councilman Goss stated that the way the propose change was written, the word "shall" was used which would require board members to follow this procedure. He asked what the consequences would be for not following the chain of command. Board member Chestnut replied there would not be consequences and the board in making the bylaw change only wanted to give new board members a process to follow. Councilman Jones stated that he believed an "open door" policy should be continued. He explained that when he was serving on the board he would want the option of going to any staff member or council if he had questions or concerns. Councilwoman Culver suggested in lieu of changes to the bylaws, which gave board members no alternative with regard to the process to ask questions or voice concerns, maybe let new board members know they can follow these procedures but also had the opportunity to contact anyone if they wished to do so. Councilman Scott stated that he felt it would stifle discussion between staff members and council was not in favor of the bylaw change. Councilman White and Mayor Pro Tem Spillyards concurred. Mayor Pro Tern Spillyards suggested there be training for new boards to convey who is responsible for what; this would not stifle members from discussing items with anyone but would allow them to know the available avenues for information gathering. Council Action A motion was made by Councilman White, seconded by Councilman Jones to deny an amendment to the Parks and Recreation Board Bylaws, adding Item G, Article V-Section 4. A vote was taken and the motion passed 7-0. Minutes January 22, 2013 Wylie City Council Page 6 5. Consider, and act upon, approval for an alternative exterior material's aesthetic appropriateness, durability and strength in accordance with Article 4, Section 4.3.F of the Comprehensive Zoning Ordinance, for a restaurant remodel (Wendy's) located at 1401 E. FM 544. (R. 011ie, Planning& Zoning Director) Staff Comments Planning Director 011ie addressed the council stating the applicant is proposing a remodel to update their existing restaurant facility. Currently primary exterior materials are required to consist of a masonry material including but not limited to brick, stone, cast stone, decorative concrete, concrete block, stucco or cementitious fiberboard. Exterior Insulating Finishing System (EIFS) shall not be considered acceptable primary material and shall not exceed more than 20% of any facade face. Mr. Aron Lee, representing Heights Venture Architects, LLP, 5717 Legacy Dr. Suite 240, Plano Texas addressed council stating that the material was very durable and many cities had approved the material and redesign of the buildings. Councilman Scott asked what it would do to the cost of the redesign if council did not approve the material. Mr. Lee replied that all he could report was that this was the proposed change for all Wendy locations and Wendy's would have to go back to re-evaluate the cost changes as this was the approved material for all locations. He commented that he could not speak to the cost to change the design. Councilman Culver asked Mr. Lee if the design presented tonight was the exact design that would be created in Wylie. Mr. Lee stated it was. Council Action A motion was made by Mayor Pro Tern Spillyards, seconded by Councilman Scott to approve an alternative exterior material aesthetic appropriateness, durability and strength in accordance with Article 4, Section 4.3F of the Comprehensive Zoning Ordinance, for a restaurant remodel (Wendy's) located at 1401 E. FM 544. A vote was taken and the motion passed 6-1 with Mayor Hogue, Mayor Pro Tem Spillyards, Councilman Scott, Councilman Jones, Councilman White and Councilwoman Culver voting for and Councilman Goss voting against. READING OF ORDINANCES City Secretary Ehrlich read the captions to Ordinance No.'s 2013-03 and 2013-04 into the official record. Mayor Hogue convened into Executive Session at 8:07 p.m. reading the exception below. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Sec. 551.074. PERSONNEL MATTERS; CLOSED MEETING. (a) This chapter does not require a governmental body to conduct an open meeting: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or (2) to hear a complaint or charge against an officer or employee. (b) Subsection (a) does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing. • City Manager Evaluation. (M. Manson, City Manager) Minutes January 22, 2013 Wylie City Council Page 7 Mayor Hogue reconvened into Open Session at 10:11 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Work Session or Executive Session. Council Action A motion was made by Mayor Pro Tern Spillyards, seconded by Councilman Jones to amend the salary of the City Manager, Mindy Manson from her current salary of $148,950 to $156,406. A vote was taken and the motion passed 7-0. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Scott, seconded by Councilman Jones to adjourn the meeting at 10:12 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes January 22, 2013 Wylie City Council Page 8 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: February 12, 2013 Item Number: B. Department: Police Department (City Secretary's Use Only) Prepared By: Chief John Duscio Account Code: Date Prepared: January 24, 2013 Budgeted Amount: Exhibits: 1 Subject Review, and place on file, the 2012 Wylie Police Department Annual Traffic Contact Report. Recommendation A motion to place on file, the 2012 Wylie Police Department Annual Traffic Contact Report. Discussion Texas Senate Bill (S.B. 1074)requires police departments to collect traffic-related contact data and to report the contact data to their governing body every year, no later than March of the following year. The 2012 Wylie Police Department Annual Traffic Contact Report meets all requirements of SB 1074. Page 1 of 1 The Wylie Police Department Annual Contact Report (2012) DEL CARMEN CONSULTING, LC (I) Introduction Opening Statement January 11,2013 Wylie City Council Wylie,Texas 76180 Dear Distinguished Members of the City Council, In 2001,the Texas Legislature, with the intent of addressing the issue of racial profiling in policing, enacted the Texas Racial Profiling Law. Since 2001,the Wylie Police Department, in accordance with the law,has collected and reported traffic and motor vehicle-related contact data for the purpose of identifying and addressing(if necessary) areas of concern regarding racial profiling practices. In the 2009 legislative session,the Racial Profiling Law was modified and newer requirements are now in place. These most recent requirements have been incorporated by the Wylie Police Department and are being addressed in this report. In this particular report,you will find three sections that contain information on traffic and motor vehicle-related contact data. In addition,when appropriate, documentation is also a component of this report,aiming at demonstrating the manner in which the Wylie Police Department has complied with the Texas Racial Profiling Law. In section 1,you will find the table of contents in addition to the Texas Senate Bill (SB 1074);which later became the Texas Racial Profiling Law. In addition,you will fmd the Texas HB 3389,which, in 2009, introduced new requirements relevant to racial profiling. Also,in this section,a list of requirements relevant to the Racial Profiling Law as established by TCLEOSE(Texas Commission on Law Enforcement Officer Standards and Education) is included. In addition,you will fmd, in sections 2 and 3 documentation, which demonstrates compliance by the Wylie Police Department relevant to the requirements as established in the Texas Racial Profiling Law. That is,you will fmd documents relevant to the implementation of an institutional policy banning racial profiling,the incorporation of a racial profiling complaint process and the training administered to all law enforcement personnel. The last section of this report provides statistical data relevant to contacts, made during the course of motor vehicle stops,between 1/1/12 and 12/31/12. In addition,this section contains the TCLEOSE Tier 1 form,which is required to be submitted to this particular organization by March 1st of each year. The data in this report has been analyzed and compared to data derived from the U.S. Census Bureau's Fair Roads Standard. The final analysis and recommendations are also included in this report. The findings in this report serve as evidence of the Wylie Police Department's commitment to comply with the Texas Racial Profiling Law. Sincerely, Alex del Carmen, Ph.D. Del Carmen Consulting, LLC Table of Contents Table of Contents (I) Introduction a) Opening Statement b) Table of Contents c) TCLEOSE Guidelines d) The Texas Law on Racial Profiling(S.B. 1074) e) The Most Recent Legal Requirements (H.B. 3389) (II) Responding to the Texas Racial Profiling Law a) Institutional Policy on Racial Profiling b) Educational Campaign Relevant to the Complaint Process— Addressing Allegations of Racial Profiling Practices c) Racial Profiling Training of Law Enforcement Personnel d) Report on Complaints Filed Against Officers for Violating the Racial Profiling Law(includes outcome of investigation) e) Police (Traffic and Motor Vehicle-Related) Contact Information Table (2012)/Known Ethnicity and Race of Detained and TCLEOSE Tier 1 Form f) Table Depicting Baseline Comparison (2012) g) Eleven-Year Data Assessment(02-12) h) Analysis and Interpretation of Data(2012) (III) Summary a) Checklist b) Contact Information TCLEOSE GUIDELINES Guidelines for Compiling and Reporting Data under Senate Bill 1074 Background Senate Bill 1074 of the 77th Legislature established requirements in the Texas Code of Criminal Procedure(TCCP) for law enforcement agencies. The Commission developed this document to assist agencies in complying with the statutory requirements. The guidelines are written in the form of standards using a style developed from accreditation organizations including the Commission on Accreditation for Law Enforcement Agencies(CALEA). The standards provide a description of what must be accomplished by an agency but allows wide latitude in determining how the agency will achieve compliance with each applicable standard. Each standard is composed of two parts: the standard statement and the commentary. The standard statement is a declarative sentence that places a clear-cut requirement, or multiple requirements,on an agency. The commentary supports the standard statement but is not binding. The commentary can serve as a prompt,as guidance to clarify the intent of the standard, or as an example of one possible way to comply with the standard. Standard 1 Each law enforcement agency has a detailed written directive that: • clearly defines acts that constitute racial profiling; • strictly prohibits peace officers employed by the agency from engaging in racial profiling; • implements a process by which an individual may file a complaint with the agency if the individual believes a peace officer employed by the agency has engaged in racial profiling with respect to the individual filing the complaint; • provides for public education relating to the complaint process; • requires appropriate corrective action to be taken against a peace officer employed by the agency who,after investigation, is shown to have engaged in racial profiling in violation of the agency's written racial profiling policy; and • requires the collection of certain types of data for subsequent reporting. Commentary Article 2.131 of the TCCP prohibits officers from engaging in racial profiling,and article 2.132 of the TCCP now requires a written policy that contains the elements listed in this standard. The article also specifically defines a law enforcement agency as it applies to this statute as an"agency of the state,or of a county,municipality,or other political subdivision of the state,that employs peace officers who make traffic stops in the routine performance of the officers' official duties." The article further defines race or ethnicity as being of "a particular descent,including Caucasian, African,Hispanic,Asian,or Native American." The statute does not limit the required policies to just these ethnic groups. This written policy is to be adopted and implemented no later than January 1,2002. Standard 2 Each peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic,or who stops a pedestrian for any suspected offense reports to the employing law enforcement agency information relating to the stop,to include: • a physical description of each person detained, including gender and the person's race or ethnicity,as stated by the person, or, if the person does not state a race or ethnicity, as determined by the officer's best judgment; • the traffic law or ordinance alleged to have been violated or the suspected offense; • whether the officer conducted a search as a result of the stop and, if so,whether the person stopped consented to the search; • whether any contraband was discovered in the course of the search,and the type of contraband discovered; • whether probable cause to search existed, and the facts supporting the existence of that probable cause; • whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged; • the street address or approximate location of the stop; and • whether the officer issued a warning or citation as a result of the stop, including a description of the warning or a statement of the violation charged. Commentary The information required by 2.133 TCCP is used to complete the agency reporting requirements found in Article 2.134. A peace officer and an agency may be exempted from this requirement under Article 2.135 TCCP Exemption for Agencies Using Video and Audio Equipment. An agency may be exempt from this reporting requirement by applying for the funds from the Department of Public Safety for video and audio equipment and the State does not supply those funds. Section 2.135(a)(2)states,"the governing body of the county or municipality served by the law enforcement agency,in conjunction with the law enforcement agency,certifies to the Department of Public Safety,not later than the date specified by rule by the department,that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection(a)(1)(A)and the agency does not receive from the state funds for video and audio equipment sufficient,as determined by the department,for the agency to accomplish that purpose." Standard 3 The agency compiles the information collected under 2.132 and 2.133 and analyzes the information identified in 2.133. Commentary Senate Bill 1074 from the 77th Session of the Texas Legislature created requirements for law enforcement agencies to gather specific information and to report it to each county or municipality served. New sections of law were added to the Code of Criminal Procedure regarding the reporting of traffic and pedestrian stops. Detained is defined as when a person stopped is not free to leave. Article 2.134 TCCP requires the agency to compile and provide and analysis of the information collected by peace officer employed by the agency. The report is provided to the governing body of the municipality or county no later than March 1 of each year and covers the previous calendar year. There is data collection and reporting required based on Article 2.132 CCP(tier one)and Article 2.133 CCP(tier two). The minimum requirements for"tier one"data for traffic stops in which a citation results are: 1) the race or ethnicity of individual detained(race and ethnicity as defined by the bill means of"a particular descent,including Caucasian,African,Hispanic,Asian,or Native American"); 2) whether a search was conducted,and if there was a search,whether it was a consent search or a probable cause search;and 3) whether there was a custody arrest. The minimum requirements for reporting on"tier two"reports include traffic and pedestrian stops. Tier two data include: 1) the detained person's gender and race or ethnicity; 2) the type of law violation suspected,e.g.,hazardous traffic,non-hazardous traffic,or other criminal investigation(the Texas Department of Public Safety publishes a categorization of traffic offenses into hazardous or non-hazardous); 3) whether a search was conducted,and if so whether it was based on consent or probable cause; 4) facts supporting probable cause; 5) the type,if any,of contraband that was collected; 6) disposition of the stop,e.g.,arrest,ticket,warning,or release; 7) location of stop;and 8) statement of the charge,e.g.,felony,misdemeanor,or traffic. Tier one reports are made to the governing body of each county or municipality served by the agency an annual report of information if the agency is an agency of a county,municipality,or other political subdivision of the state. Tier one and two reports are reported to the county or municipality not later than March 1 for the previous calendar year beginning March 1,2003. Tier two reports include a comparative analysis between the race and ethnicity of persons detained to see if a differential pattern of treatment can be discerned based on the disposition of stops including searches resulting from the stops. The reports also include information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. An agency may be exempt from the tier two reporting requirement by applying for the funds from the Department of Public Safety for video and audio equipment and the State does not supply those funds[See 2.135(a)(2)TCCP]. Reports should include both raw numbers and percentages for each group. Caution should be exercised in interpreting the data involving percentages because of statistical distortions caused by very small numbers in any particular category,for example,if only one American Indian is stopped and searched,that stop would not provide an accurate comparison with 200 stops among Caucasians with 100 searches. In the first case,a 100%search rate would be skewed data when compared to a 50%rate for Caucasians. Standard 4 If a law enforcement agency has video and audio capabilities in motor vehicles regularly used for traffic stops, or audio capabilities on motorcycles regularly used to make traffic stops,the agency: • adopts standards for reviewing and retaining audio and video documentation; and • promptly provides a copy of the recording to a peace officer who is the subject of a complaint on written request by the officer. Commentary The agency should have a specific review and retention policy. Article 2.132 TCCP specifically requires that the peace officer be promptly provided with a copy of the audio or video recordings if the officer is the subject of a complaint and the officer makes a written request. Standard 5 Agencies that do not currently have video or audio equipment must examine the feasibility of installing such equipment. Commentary None Standard 6 Agencies that have video and audio recording capabilities are exempt from the reporting requirements of Article 2.134 TCCP and officers are exempt from the reporting requirements of Article 2.133 TCCP provided that: • the equipment was in place and used during the proceeding calendar year; and • video and audio documentation is retained for at least 90 days. Commentary The audio and video equipment and policy must have been in place during the previous calendar year. Audio and video documentation must be kept for at least 90 days or longer if a complaint has been filed. The documentation must be retained until the complaint is resolved. Peace officers are not exempt from the requirements under Article 2.132 TCCP. Standard 7 Agencies have citation forms or other electronic media that comply with Section 543.202 of the Transportation Code. Commentary Senate Bill 1074 changed Section 543.202 of the Transportation Code requiring citations to include: • race or ethnicity,and • whether a search of the vehicle was conducted and whether consent for the search was obtained. The Texas Law on Racial Profiling S.B. No. 1074 AN ACT relating to the prevention of racial profiling by certain peace officers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Articles 2.131 through 2.138 to read as follows: Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer may not engage in racial profiling. Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make traffic stops in the routine performance of the officers' official duties. (2) "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, or Native American descent. (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to traffic stops in which a citation is issued and to arrests resulting from those traffic stops, including information relating to: (A) the race or ethnicity of the individual detained; and (B) whether a search was conducted and, if so,whether the person detained consented to the search; and (7) require the agency to submit to the governing body of each county or municipality served by the agency an annual report of the information collected under Subdivision(6) if the agency is an agency of a county, municipality, or other political subdivision of the state. (c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make traffic stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make traffic stops. If a law enforcement agency installs video or audio equipment as provided by this subsection, the policy adopted by the agency under Subsection (b)must include standards for reviewing video and audio documentation. (e) A report required under Subsection(b)(7) may not include identifying information about a peace officer who makes a traffic stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required by a policy under Subsection(b)(6). (f) On the commencement of an investigation by a law enforcement agency of a complaint described by Subsection (b)(3) in which a video or audio recording of the occurrence on which the complaint is based was made, the agency shall promptly provide a copy of the recording to the peace officer who is the subject of the complaint on written request by the officer. Art. 2.133. REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN STOPS. (a) In this article: (1) "Race or ethnicity" has the meaning assigned by Article 2.132(a). (2) "Pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic or who stops a pedestrian for any suspected offense shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of each person detained as a result of the stop, including: (A) the person's gender; and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the traffic law or ordinance alleged to have been violated or the suspected offense; (3) whether the officer conducted a search as a result of the stop and,if so,whether the person detained consented to the search; (4) whether any contraband was discovered in the course of the search and the type of contraband discovered; (5) whether probable cause to search existed and the facts supporting the existence of that probable cause; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged; (7) the street address or approximate location of the stop; and (8) whether the officer issued a warning or a citation as a result of the stop, including a description of the warning or a statement of the violation charged. Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. (a) In this article, "pedestrian stop"means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each year, each local law enforcement agency shall submit a report containing the information compiled during the previous calendar year to the governing body of each county or municipality served by the agency in a manner approved by the agency. (c) A report required under Subsection (b)must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) determine the prevalence of racial profiling by peace officers employed by the agency; and (B) examine the disposition of traffic and pedestrian stops made by officers employed by the agency, including searches resulting from the stops; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. (d) A report required under Subsection(b)may not include identifying information about a peace officer who makes a traffic or pedestrian stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b)(1). (e) The Commission on Law Enforcement Officer Standards and Education shall develop guidelines for compiling and reporting information as required by this article. (f) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. Art. 2.135. EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting requirement under Article 2.133 and a law enforcement agency is exempt from the compilation, analysis, and reporting requirements under Article 2.134 if: (1) during the calendar year preceding the date that a report under Article 2.134 is required to be submitted: (A) each law enforcement motor vehicle regularly used by an officer employed by the agency to make traffic and pedestrian stops is equipped with video camera and transmitter-activated equipment and each law enforcement motorcycle regularly used to make traffic and pedestrian stops is equipped with transmitter-activated equipment; and (B) each traffic and pedestrian stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment, as appropriate, is recorded by using the equipment; or (2) the governing body of the county or municipality served by the law enforcement agency,in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a)(1)(A) and the agency does not receive from the state funds or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose. (b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the requirements under Article 2.134 shall retain the video and audio or audio documentation of each traffic and pedestrian stop for at least 90 days after the date of the stop. If a complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a traffic or pedestrian stop, the agency shall retain the video and audio or audio record of the stop until final disposition of the complaint. (c) This article does not affect the collection or reporting requirements under Article 2.132. Art. 2.136. LIABILITY. A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Article 2.132. Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), including specifying criteria to prioritize funding or equipment provided to law enforcement agencies. The criteria may include consideration of tax effort, financial hardship, available revenue, and budget surpluses. The criteria must give priority to: (1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement; (2) smaller jurisdictions; and (3) municipal and county law enforcement agencies. (b) The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A). The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies. (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A),the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. (d) On receipt of funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A),the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has installed video and audio equipment as described by Article 2.135(a)(1)(A)and is using the equipment as required by Article 2.135(a)(1). Art. 2.138. RULES. The Department of Public Safety may adopt rules to implement Articles 2.131-2.137. SECTION 2. Chapter 3, Code of Criminal Procedure, is amended by adding Article 3.05 to read as follows: Art. 3.05. RACIAL PROFILING. In this code, "racial profiling" means a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. SECTION 3. Section 96.641,Education Code, is amended by adding Subsection(j)to read as follows: (i) As part of the initial training and continuing education for police chiefs required under this section,the institute shall establish a program on racial profiling. The program must include an examination of the best practices for: (1) monitoring peace officers' compliance with laws and internal agency policies relating to racial profiling; (2) implementing laws and internal agency policies relating to preventing racial profiling;and (3) analyzing and reporting collected information. SECTION 4. Section 1701.253, Occupations Code, is amended by adding Subsection (e)to read as follows: (e) As part of the minimum curriculum requirements,the commission shall establish a statewide comprehensive education and training program on racial profiling for officers licensed under this chapter. An officer shall complete a program established under this subsection not later than the second anniversary of the date the officer is licensed under this chapter or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. SECTION 5. Section 1701.402, Occupations Code, is amended by adding Subsection (d)to read as follows: (d) As a requirement for an intermediate proficiency certificate, an officer must complete an education and training program on racial profiling established by the commission under Section 1701.253(e). SECTION 6. Section 543.202, Transportation Code, is amended to read as follows: Sec. 543.202. FORM OF RECORD. (a) In this section, "race or ethnicity" means of a particular descent, including Caucasian,African, Hispanic, Asian, or Native American descent. (b) The record must be made on a form or by a data processing method acceptable to the department and must include: (1) the name, address,physical description, including race or ethnicity, date of birth, and driver's license number of the person charged; (2) the registration number of the vehicle involved; (3) whether the vehicle was a commercial motor vehicle as defined by Chapter 522 or was involved in transporting hazardous materials; (4) the person's social security number, if the person was operating a commercial motor vehicle or was the holder of a commercial driver's license or commercial driver learner's permit; (5) the date and nature of the offense, including whether the offense was a serious traffic violation as defined by Chapter 522; (6) whether a search of the vehicle was conducted and whether consent for the search was obtained; (7) the plea, the judgment, and whether bail was forfeited; (8) [(7)] the date of conviction; and (9 [{8 ] the amount of the fine or forfeiture. SECTION 7. Not later than January 1, 2002, a law enforcement agency shall adopt and implement a policy and begin collecting information under the policy as required by Article 2.132, Code of Criminal Procedure, as added by this Act. A local law enforcement agency shall first submit information to the governing body of each county or municipality served by the agency as required by Article 2.132, Code of Criminal Procedure, as added by this Act, on March 1, 2003. The first submission of information shall consist of information compiled by the agency during the period beginning January 1,2002, and ending December 31, 2002. SECTION 8. A local law enforcement agency shall first submit information to the governing body of each county or municipality served by the agency as required by Article 2.134, Code of Criminal Procedure, as added by this Act, on March 1, 2004. The first submission of information shall consist of information compiled by the agency during the period beginning January 1, 2003, and ending December 31, 2003. SECTION 9. Not later than January 1, 2002: (1) the Commission on Law Enforcement Officer Standards and Education shall establish an education and training program on racial profiling as required by Subsection(e), Section 1701.253, Occupations Code, as added by this Act; and (2) the Bill Blackwood Law Enforcement Management Institute of Texas shall establish a program on racial profiling as required by Subsection(j), Section 96.641, Education Code, as added by this Act. SECTION 10. A person who on the effective date of this Act holds an intermediate proficiency certificate issued by the Commission on Law Enforcement Officer Standards and Education or has held a peace officer license issued by the Commission on Law Enforcement Officer Standards and Education for at least two years shall complete an education and training program on racial profiling established under Subsection (e), Section 1701.253, Occupations Code, as added by this Act, not later than September 1, 2003. SECTION 11. An individual appointed or elected as a police chief before the effective date of this Act shall complete a program on racial profiling established under Subsection(j), Section 96.641, Education Code, as added by this Act, not later than September 1, 2003. SECTION 12. This Act takes effect September 1, 2001. President of the Senate Speaker of the House I hereby certify that S.B. No. 1074 passed the Senate on April 4, 2001,by the following vote: Yeas 28,Nays 2; May 21, 2001, Senate refused to concur in House amendments and requested appointment of Conference Committee; May 22, 2001, House granted request of the Senate; May 24,2001, Senate adopted Conference Committee Report by a viva-voce vote. Secretary of the Senate I hereby certify that S.B. No. 1074 passed the House, with amendments, on May 15, 2001, by a non-record vote; May 22, 2001, House granted request of the Senate for appointment of Conference Committee; May 24, 2001, House adopted Conference Committee Report by a non-record vote. Chief Clerk of the House Approved: Date Governor Most Recent Legal Requirements (H.B. 3389) Amend CSHB 3389 (Senate committee report) as follows: (1) Strike the following SECTIONS of the bill: (A) SECTION 8, adding Section 1701.164, Occupations Code (page 4, lines 61-66) ; (B) SECTION 24, amending Article 2.132 (b) , Code of Criminal Procedure (page 8, lines 19-53) ; (C) SECTION 25, amending Article 2.134 (b) , Code of Criminal Procedure (page 8, lines 54-64) ; (D) SECTION 28, providing transition language for the amendments to Articles 2.132 (b) and 2.134 (b) , Code of Criminal Procedure (page 9, lines 40-47) . (2) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly: SECTION . Article 2.132, Code of Criminal Procedure, is amended by amending Subsections (a) , (b) , (d) , and (e) and adding Subsection (g) to read as follows: (a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make motor vehicle [traffic] stops in the routine performance of the officers' official duties. (2) "Motor vehicle stop" means an occasion in which a peace officer stops a motor vehicle for an alleged violation of a law or ordinance. (3) "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, [e ] Native American, or Middle Eastern descent. (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to motor vehicle [traffic] stops in which a citation is issued and to arrests made as a result of [rc3ulting from] those [traffic] stops, including information relating to: (A) the race or ethnicity of the individual detained; and (B) whether a search was conducted and, if so, whether the individual [per3on] detained consented to the search; and (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and (7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit [to thc governing body of cach county or municipality served by thc agency] an annual report of the information collected under Subdivision (6) to: (A) the Commission on Law Enforcement Officer Standards and Education; and (B) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. (d) On adoption of a policy under Subsection (b) , a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make motor vehicle [traffic] stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make motor vehicle [traffic] stops. If a law enforcement agency installs video or audio equipment as provided by this subsection, the policy adopted by the agency under Subsection (b) must include standards for reviewing video and audio documentation. (e) A report required under Subsection (b) (7) may not include identifying information about a peace officer who makes a motor vehicle [traffic] stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required by a policy under Subsection (b) (6) . (g) On a finding by the Commission on Law Enforcement Officer Standards and Education that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b) (7) , the commission shall begin disciplinary procedures against the chief administrator. SECTION . Article 2.133, Code of Criminal Procedure, is amended to read as follows: Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE [TRAFFIC AND PEDESTRIAN] STOPS. (a) In this article, "race[1- [ (1) "Race] or ethnicity" has the meaning assigned by Article 2.132 (a) . [ (2) "Pedestrian atop" means an interaction between a peace officcr and an individual who is being detained for the purpose of a criminal investigation in which thc individual is not undcr arrest.] (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance [regulating traffic or who stops a pedestrian for any auapcctcd offcnac] shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of any [each] person operating the motor vehicle who is detained as a result of the stop, including: (A) the person's gender; and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the initial reason for the stop [traffic law or ordinance alleged to have been violated or thc ouapected offense] ; (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband or other evidence was discovered in the course of the search and a description [thc typc] of the contraband or evidence [discovered] ; (5) the reason for the search, including whether: (A) any contraband or other evidence was in plain view; (B) any probable cause or reasonable suspicion existed to perform the search; or (C) the search was performed as a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle [existed and thc facts supporting thc existence of that p-robablc cauac] ; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a violation of the Penal Code, a violation of a traffic law or ordinance, or an outstanding warrant and a statement of the offense charged; (7) the street address or approximate location of the stop; and (8) whether the officer issued a written warning or a citation as a result of the stop[, including a dcacription of thc warning or a statement of thc violation charged] . SECTION . Article 2.134, Code of Criminal Procedure, is amended by amending Subsections (a) through (e) and adding Subsection (g) to read as follows: (a) In this article: (1) "Motor vehicle[, "pedestrian] stop" has the meaning assigned by Article 2.132 (a) [means an interaction between a peace officer and an individual who is being elctaincd for the purpooc of a criii4na4 ievcatigation in which ftedividual is not under arrest] . (2) "Race or ethnicity" has the meaning assigned by Article 2.132 (a) . (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each year, each [10 al] law enforcement agency shall submit a report containing the incident-based data [information] compiled during the previous calendar year to the Commission on Law Enforcement Officer Standards and Education and, if the law enforcement agency is a local law enforcement agency, to the governing body of each county or municipality served by the agency [in a manner approved by the agency] . (c) A report required under Subsection (b) must be submitted by the chief administrator of the law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, and must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities [determine thc prevalence of racial g filing by pc,}ee officcrc employed by thc agency] ; and (B) examine the disposition of motor vehicle [traffic and pcdcatrian] stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting from [thc] stops within the applicable jurisdiction; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. (d) A report required under Subsection (b) may not include identifying information about a peace officer who makes a motor vehicle [traffic or pcdcatrian] stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b) (1) . (e) The Commission on Law Enforcement Officer Standards and Education, in accordance with Section 1701.162, Occupations Code, shall develop guidelines for compiling and reporting information as required by this article. (g) On a finding by the Commission on Law Enforcement Officer Standards and Education that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b) , the commission shall begin disciplinary procedures against the chief administrator. SECTION . Article 2.135, Code of Criminal Procedure, is amended to read as follows: Art. 2.135. PARTIAL EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting requirement under Article 2.133 and the chief administrator of a law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, is exempt from the compilation, analysis, and reporting requirements under Article 2.134 if: (1) during the calendar year preceding the date that a report under Article 2.134 is required to be submitted: (A) each law enforcement motor vehicle regularly used by an officer employed by the agency to make motor vehicle [traffic and pedestrian] stops is equipped with video camera and transmitter-activated equipment and each law enforcement motorcycle regularly used to make motor vehicle [traffic and pcdcatrian] stops is equipped with transmitter-activated equipment; and (B) each motor vehicle [traffic and pcdcotrian] stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment, as appropriate, is recorded by using the equipment; or (2) the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a) (1) (A) and the agency does not receive from the state funds or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose. (b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the requirements under Article 2.134 shall retain the video and audio or audio documentation of each motor vehicle [traffic and pcdcotrian] stop for at least 90 days after the date of the stop. If a complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a motor vehicle [traffic or pcdcotrian] stop, the agency shall retain the video and audio or audio record of the stop until final disposition of the complaint. (c) This article does not affect the collection or reporting requirements under Article 2.132. (d) In this article, "motor vehicle stop" has the meaning assigned by Article 2.132 (a) . SECTION . Chapter 2, Code of Criminal Procedure, is amended by adding Article 2.1385 to read as follows: Art. 2.1385. CIVIL PENALTY. (a) If the chief administrator of a local law enforcement agency intentionally fails to submit the incident-based data as required by Article 2.134, the agency is liable to the state for a civil penalty in the amount of $1,000 for each violation. The attorney general may sue to collect a civil penalty under this subsection. (b) From money appropriated to the agency for the administration of the agency, the executive director of a state law enforcement agency that intentionally fails to submit the incident-based data as required by Article 2.134 shall remit to the comptroller the amount of $1,000 for each violation. (c) Money collected under this article shall be deposited in the state treasury to the credit of the general revenue fund. SECTION . Subchapter A, Chapter 102, Code of Criminal Procedure, is amended by adding Article 102.022 to read as follows: Art. 102.022. COSTS ON CONVICTION TO FUND STATEWIDE REPOSITORY FOR DATA RELATED TO CIVIL JUSTICE. (a) In this article, "moving violation" means an offense that: (1) involves the operation of a motor vehicle; and (2) is classified as a moving violation by the Department of Public Safety under Section 708.052, Transportation Code. (b) A defendant convicted of a moving violation in a justice court, county court, county court at law, or municipal court shall pay a fee of 10 cents as a cost of court. (c) In this article, a person is considered convicted if: (1) a sentence is imposed on the person; (2) the person receives community supervision, including deferred adjudication; or (3) the court defers final disposition of the person's case. (d) The clerks of the respective courts shall collect the costs described by this article. The clerk shall keep separate records of the funds collected as costs under this article and shall deposit the funds in the county or municipal treasury, as appropriate. (e) The custodian of a county or municipal treasury shall: (1) keep records of the amount of funds on deposit collected under this article; and (2) send to the comptroller before the last day of the first month following each calendar quarter the funds collected under this article during the preceding quarter. (f) A county or municipality may retain 10 percent of the funds collected under this article by an officer of the county or municipality as a collection fee if the custodian of the county or municipal treasury complies with Subsection (e) . (g) If no funds due as costs under this article are deposited in a county or municipal treasury in a calendar quarter, the custodian of the treasury shall file the report required for the quarter in the regular manner and must state that no funds were collected. (h) The comptroller shall deposit the funds received under this article to the credit of the Civil Justice Data Repository fund in the general revenue fund, to be used only by the Commission on Law Enforcement Officer Standards and Education to implement duties under Section 1701.162, Occupations Code. (i) Funds collected under this article are subject to audit by the comptroller. SECTION . (a) Section 102.061, Government Code, as reenacted and amended by Chapter 921 (H.B. 3167) , Acts of the 80th Legislature, Regular Session, 2007, is amended to conform to the amendments made to Section 102.061, Government Code, by Chapter 1053 (H.B. 2151) , Acts of the 80th Legislature, Regular Session, 2007, and is further amended to read as follows: Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a statutory county court shall collect fees and costs under the Code of Criminal Procedure on conviction of a defendant as follows: (1) a jury fee (Art. 102.004, Code of Criminal Procedure) . . . $20; (2) a fee for services of the clerk of the court (Art. 102.005, Code of Criminal Procedure) . . . $40; (3) a records management and preservation services fee (Art. 102.005, Code of Criminal Procedure) . . . $25; (4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) . . . $3; (5) a juvenile delinquency prevention and graffiti eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . $50 (4§] ; [ ] (6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) . . . not to exceed $5; and (7) a civil justice fee (Art. 102.022, Code of Criminal Procedure) . . . $0.10. (b) Section 102.061, Government Code, as amended by Chapter 1053 (H.B. 2151) , Acts of the 80th Legislature, Regular Session, 2007, is repealed. Section 102.061, Government Code, as reenacted and amended by Chapter 921 (H.B. 3167) , Acts of the 80th Legislature, Regular Session, 2007, to reorganize and renumber that section, continues in effect as further amended by this section. SECTION . (a) Section 102.081, Government Code, as amended by Chapter 921 (H.B. 3167) , Acts of the 80th Legislature, Regular Session, 2007, is amended to conform to the amendments made to Section 102.081, Government Code, by Chapter 1053 (H.B. 2151) , Acts of the 80th Legislature, Regular Session, 2007, and is further amended to read as follows: Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county court shall collect fees and costs under the Code of Criminal Procedure on conviction of a defendant as follows: (1) a jury fee (Art. 102.004, Code of Criminal Procedure) . . . $20; (2) a fee for clerk of the court services (Art. 102.005, Code of Criminal Procedure) . . . $40; (3) a records management and preservation services fee (Art. 102.005, Code of Criminal Procedure) . . . $25; (4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) . . . $3; (5) a juvenile delinquency prevention and graffiti eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . $50 [mi] ; [4] (6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) . . . not to exceed $5; and (7) a civil justice fee (Art. 102.022, Code of Criminal Procedure) . . . $0.10. (b) Section 102.081, Government Code, as amended by Chapter 1053 (H.B. 2151) , Acts of the 80th Legislature, Regular Session, 2007, is repealed. Section 102.081, Government Code, as amended by Chapter 921 (H.B. 3167) , Acts of the 80th Legislature, Regular Session, 2007, to reorganize and renumber that section, continues in effect as further amended by this section. SECTION . Section 102.101, Government Code, is amended to read as follows: Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk of a justice court shall collect fees and costs under the Code of Criminal Procedure on conviction of a defendant as follows: (1) a jury fee (Art. 102.004, Code of Criminal Procedure) . . . $3; (2) a fee for withdrawing request for jury less than 24 hours before time of trial (Art. 102.004, Code of Criminal Procedure) . . . $3; (3) a jury fee for two or more defendants tried jointly (Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3; (4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) . . . $4; (5) a fee for technology fund on a misdemeanor offense (Art. 102.0173, Code of Criminal Procedure) . . . $4; (6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) . . . not to exceed $5; (7) a fee on conviction of certain offenses involving issuing or passing a subsequently dishonored check (Art. 102.0071, Code of Criminal Procedure) . . . not to exceed $30; [z ] (8) a court cost on conviction of a Class C misdemeanor in a county with a population of 3.3 million or more, if authorized by the county commissioners court (Art. 102.009, Code of Criminal Procedure) . . . not to exceed $7; and (9) a civil justice fee (Art. 102.022, Code of Criminal Procedure) . . . $0.10. SECTION . Section 102.121, Government Code, is amended to read as follows: Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a municipal court shall collect fees and costs on conviction of a defendant as follows: (1) a jury fee (Art. 102.004, Code of Criminal Procedure) . . . $3; (2) a fee for withdrawing request for jury less than 24 hours before time of trial (Art. 102.004, Code of Criminal Procedure) . . . $3; (3) a jury fee for two or more defendants tried jointly (Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3; (4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) . . . $3; (5) a fee for technology fund on a misdemeanor offense (Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4; [4] (6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) . . . not to exceed $5; and (7) a civil justice fee (Art. 102.022, Code of Criminal Procedure) . . . $0.10. SECTION . Subchapter D, Chapter 1701, Occupations Code, is amended by adding Section 1701.164 to read as follows: Sec. 1701.164. COLLECTION OF CERTAIN INCIDENT-BASED DATA SUBMITTED BY LAW ENFORCEMENT AGENCIES. The commission shall collect and maintain incident-based data submitted to the commission under Article 2.134, Code of Criminal Procedure, including incident-based data compiled by a law enforcement agency from reports received by the law enforcement agency under Article 2.133 of that code. The commission in consultation with the Department of Public Safety, the Bill Blackwood Law Enforcement Management Institute of Texas, the W. W. Caruth, Jr., Police Institute at Dallas, and the Texas Police Chiefs Association shall develop guidelines for submitting in a standard format the report containing incident-based data as required by Article 2.134, Code of Criminal Procedure. SECTION . Subsection (a) , Section 1701.501, Occupations Code, is amended to read as follows: (a) Except as provided by Subsection (d) , the commission shall revoke or suspend a license, place on probation a person whose license has been suspended, or reprimand a license holder for a violation of: (1) this chapter; (2) the reporting requirements provided by Articles 2.132 and 2.134, Code of Criminal Procedure; or (3) a commission rule. SECTION . (a) The requirements of Articles 2.132, 2.133, and 2.134, Code of Criminal Procedure, as amended by this Act, relating to the compilation, analysis, and submission of incident-based data apply only to information based on a motor vehicle stop occurring on or after January 1, 2010. (b) The imposition of a cost of court under Article 102.022, Code of Criminal Procedure, as added by this Act, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date. (II) Responding to the Law Institutional Policy on Racial Profiling rplJ is l. is WYLIE POLICE DEPARTMENT iii t,A POLICY SUBJECT: Racial Profiling NUMBER: 614 EFFECTIVE DATE:January 1,2010 RELATED STANDARDS: Current policy remains in effect until January 1,2010 REVIEW DATE: November 24,2011 APPROVED: C ' f John Duscio DATED: 11/30/2009 PURPOSE The purpose of this policy is to reaffirm the Wylie Police Department's commitment to unbiased policing in all its encounters between officers and any person; to reinforce procedures that serve to ensure public confidence and mutual trust through the provision of services in a fair and equitable fashion; and to protect our officers from unwarranted accusations of misconduct when they act within the dictates of department policy and the law. II. POLICY It is the policy of this department to police in a proactive manner and, to aggressively investigate suspected violations of law. Officers shall actively enforce state and federal laws in a responsible and professional manner, without regard to race, ethnicity or national origin. Officers are strictly prohibited from engaging in a racial profiling as defined in this policy. This policy shall be applicable to all persons, whether drivers,passengers or pedestrians. Officers shall conduct themselves in a dignified and respectful manner at all times when dealing with the public. Two of the fundamental rights guaranteed by both the United States and Texas constitutions are equal protection under the law and freedom from unreasonable searches and seizures by government agents. The right of all persons to be treated equally and to be free from unreasonable searches and seizures must be respected. Racial profiling is an unacceptable patrol tactic and will not be condoned. This policy shall not preclude officers from offering assistance, such as upon observing a substance leaking from a vehicle, a flat tire, or someone who appears to be ill, lost or confused. Nor does this policy prohibit stopping someone suspected of a crime based upon observed actions and/or information received about the person. Racial Profiling Policy- Page 2 of 5 III. DEFINITIONS Racial Profiling: A law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. Racial profiling pertains to persons who are viewed as suspects or potential suspects of criminal behavior. The term is not relevant as it pertains to witnesses, complainants or other citizen contacts. The prohibition against racial profiling does not preclude the use of race, ethnicity or national origin as factors in a detention decision when used as part of an actual description of a specific suspect for whom an officer is searching. Detaining an individual and conducting an inquiry into that person's activities simply because of that individual's race, ethnicity or national origin is racial profiling. Examples of racial profiling include but are not limited to the following. • Citing a driver who is speeding in a stream of traffic where most other drivers are speeding because of the cited driver's race, ethnicity or national origin. • Detaining the driver of a vehicle based on the determination that a person of that race, ethnicity or national origin is unlikely to own or possess that specific make or model of vehicle. • Detaining an individual based upon the determination that a person of that race, ethnicity or national origin does not belong in a specific part of town or a specific place. A law enforcement agency can derive two principles from the adoption of this definition of racial profiling • Police may not use racial or ethnic stereotypes as factors in selecting whom to stop and search, while police may use race in conjunction with other known factors of the suspect. • Law enforcement officers may not use racial or ethnic stereotypes as factors in selecting whom to stop and search. Racial profiling is not relevant as it pertains to witnesses,etc. Race or Ethnicity: Of a particular decent, including Caucasian, African, Hispanic,Asian,Native American or Middle Eastern Descent. "Motor vehicle stop"means an occasion in which a peace officer stops a motor vehicle for an alleged violation of a law or ordinance III. TRAINING A. Officers are responsible to adhere to all Texas Commission of Law Enforcement Officer Standards and Education (TCLEOSE) training and Racial Profiling Policy- Page 3 of 5 the Law Enforcement Management Institute of Texas (LEMIT) requirements as mandated by law. B. All officers shall complete a TCLEOSE training and education program on racial profiling not later than the second anniversary of the date the officer is licensed under Chapter 1701 of the Texas Occupations Code or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. A person who on September 1, 2001, held a TCLEOSE intermediate proficiency certificate, or who had held a peace officer license issued by TCLEOSE for at least two years, shall complete a TCLEOSE training and education program on racial profiling not later than September 1,2003. C. The Chief of Police, as part of the initial training and continued education for such appointment, will be required to attend the LEMIT program on racial profiling. D. An individual appointed as a police chief before the effective date of this Act shall complete the program on racial profiling established under Subsection (j), Section 96.641, Education Code, as added by this Act, not later than September 1,2003. IV. COMPLAINT INVESTIGATION A. The department shall accept complaints from any person who believes he or she has been stopped or searched based on racial, ethnic or national origin profiling. B. No person shall be discouraged, intimidated or coerced from filing a complaint, nor discriminated against because he or she filed such a complaint. C. Any person who receives an allegation of racial profiling, including the officer who initiated the stop, shall record the person's name, address and telephone number, and forward the complaint through the appropriate channels or direct the individual(s). Any employee contacted shall provide to that person instructions on the complaint process and will report any allegation of racial profiling to their superior before the end of shift. D. Investigation of a complaint shall be conducted in a thorough and timely manner. All complaints will be acknowledged in writing to the initiator who will receive disposition regarding said complaint within a reasonable time period. The investigation shall be reduced to writing and any reviewer's comments or conclusions shall be filed with the Chief. When applicable, findings and/or suggestions for disciplinary action, retaining or changes in policy shall be filed with the Chief. E. If a racial profiling complaint is sustained against an officer, it will result in appropriate corrective and/or disciplinary action, up to and including termination. F. If there is a departmental video or audio recording the events upon which a complaint of racial profiling is based, upon commencement of an Racial Profiling Policy- Page 4 of 5 investigation by this department into the complaint and written request of the officer made the subject of the complaint, this department shall promptly provide a copy of the recording to that officer. VI. PUBLIC EDUCATION This department will inform the public of its policy against racial profiling and the complaint process. Methods that may be utilized to inform the public are the news media, radio, service, or civic presentations, the intemet, as well as governing board meetings. Additionally, information will be made available as appropriate in languages other than English. VII. DATA COLLECTION AND REPORTING A. An officer is required to collect information relating to motor vehicle stops in which a citation is issued or an arrest is made as a result of those stops. On the citation officers must include: 1. The race or ethnicity of the individual detained; as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; 2. The initial reason for the stop; 3. Whether a search was conducted; 4. The reason for the search, including any probable cause or reasonable suspicion that existed to perform the search; 5. If a search was conducted, whether the person detained consented to the search; 6. Whether contraband or other evidence was found in plain view; 7. Whether the search was a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle; 8. If an arrest occurred, was the arrest based on a violation of the Penal Code,traffic law, ordinance,or outstanding warrant; 9. Whether the person contacted is a resident or non-resident of the City of Wylie. 10. Whether the peace officer knew the race or ethnicity of the individual detained before detaining the individual; and, 11. Whether the peace officer issued a written warning or a citation as a result of the stop. B. The information collected shall be compiled in an annual report covering the period of January 1 through December 31 of each year, and shall be submitted to the governing body of the City of Wylie no later than March 1, of the following year. The report will include 1. A breakdown of motor vehicle stops by race or ethnicity; 2. Number of citations that resulted in a search; Racial Profiling Policy- Page 5 of 5 3. Number of searches that were consensual; and 4. Number of citations that resulted in custodial arrest for this cited violation or any other violation. 5. The number of complaints by the department that officers were racially profiling. C. The annual report shall not include identifying information about any individual stopped or arrested, and shall not include indentifying information about any peace officer involved in a stop or arrest. VII. USE OF VIDEO AND AUDIO EQUIPMENT A. Each motor vehicle regularly used by this department to make motor vehicle stops shall be equipped with a video camera and transmitter- activated equipment, and B. Each motor vehicle stop made by an officer of this department that is capable of being recorded by video and audio, or audio as appropriate, shall be recorded. C. This department shall retain the video and audio tapes, or digital video and audio recording of each motor vehicle stop for at least ninety (90) days after the date of the stop. If a complaint is filed with this department alleging that one of our officers has engaged in racial profiling with respect to a motor vehicle stop, this department shall retain the video and audio tapes or digital video and audio recordings of the stop until final disposition of the complaint. D. Supervisors will ensure officers of this department are recording their motor vehicle stops. A recording of each officer will be reviewed at least once every ninety(90)days. 1. If the equipment used to record audio and video of a motor vehicle stop is malfunctioning or otherwise not operable, officers will drive a vehicle with operable video equipment. Police units with malfunctioning or inoperable mobile video camera equipment shall not be utilized, under normal circumstances. 2. Supervisors shall have the authority to assign units with malfunctioning or inoperable mobile video equipment when situations dictate. Complaint Process: Informing the Public and Addressing Allegations of Racial Profiling Practices Informing the Public on the Process of Filing a Racial Profiling Complaint with the Wylie Police Department The Texas Racial Profiling Law requires that police agencies provide information to the public regarding the manner in which to file a racial profiling complaint. In an effort to comply with this particular component,the Wylie Police Department launched an educational campaign aimed at informing the public on issues relevant to the racial profiling complaint process. The police department made available, in the lobby area and on its web site, information relevant to filing a complaint on a racial profiling violation by a Wylie Police officer. It is believed that through these efforts,the community has been properly informed of the new policies and the complaint processes relevant to racial profiling. Racial Profiling Training Racial Profilin• Training Since 2002,all Wylie Police officers have been instructed, as specified in the Texas Racial Profiling Law, to adhere to all Texas Commission on Law Enforcement Officer Standards and Education(TCLEOSE)training and the Law Enforcement Management Institute of Texas(LEMIT)requirements. To date,all sworn officers of the Wylie Police Department have completed the TCLEOSE basic training on racial profiling. The main outline used to train the officers of Wylie has been included in this report. It is important to recognize that the Chief of the Wylie Police Department has also met the training requirements,as specified by the Texas Racial Profiling Law, in the completion of the LEMIT program on racial profiling. The satisfactory completion of the racial profiling training by the sworn personnel of the Wylie Police Department fulfills the training requirement as specified in the Education Code(96.641)of the Texas Racial Profiling Law. Racial Profiling Course Number 3256 Texas Commission on Law Enforcement September 2001 Racial Profiling 3256 Instructor's Note: You may wish to teach this course in conjunction with Asset Forfeiture 3255 because of the related subject matter and applicability of the courses. If this course is taught in conjunction with Asset Forfeiture, you may report it under Combined Profiling and Forfeiture 3257 to reduce data entry. Abstract This instructor guide is designed to meet the educational requirement for racial profiling established by legislative mandate: 77R-SB1074. Target Population: Licensed law enforcement personnel in Texas Prerequisites: Experience as a law enforcement officer Length of Course: A suggested instructional time of 4 hours Material Requirements: Overhead projector, chalkboard and/or flip charts, video tape player, handouts, practical exercises, and demonstrations Instructor Qualifications: Instructors should be very knowledgeable about traffic stop procedures and law enforcement issues Evaluation Process and Procedures An examination should be given. The instructor may decide upon the nature and content of the examination. It must, however, sufficiently demonstrate the mastery of the subject content by the student. Reference Materials Reference materials are located at the end of the course. An electronic copy of this instructor guide may be downloaded from our web site at http://www.tcleose.state.tx.us. Racial Profiling 3256 1.0 RACIAL PROFILING AND THE LAW 1.1 UNIT GOAL: The student will be able to identify the legal aspects of racial profiling. 1.1.1 LEARNING OBJECTIVE: The student will be able to identify the legislative requirements placed upon peace officers and law enforcement agencies regarding racial profiling. Racial Profiling Requirements: Racial profiling CCP 3.05 Racial profiling prohibited CCP 2.131 Law enforcement policy on racial profiling CCP 2.132 Reports required for traffic and pedestrian stops CCP 2.133 Liability CCP 2.136 Racial profiling education for police chiefs Education Code 96.641 Training program Occupations Code 1701.253 Training required for intermediate certificate Occupations Code 1701.402 Definition of"race or ethnicity"for form Transportation Code 543.202 A. Written departmental policies 1. Definition of what constitutes racial profiling 2. Prohibition of racial profiling 3. Complaint process 4. Public education 5. Corrective action 6. Collection of traffic-stop statistics 7. Annual reports B. Not prima facie evidence C. Feasibility of use of video equipment D. Data does not identify officer E. Copy of complaint-related video evidence to officer in question F. Vehicle stop report 1. Physical description of detainees: gender, race or ethnicity 2. Alleged violation 3. Consent to search 4. Contraband 5. Facts supporting probable cause 6. Arrest 7. Warning or citation issued G. Compilation and analysis of data H. Exemption from reporting — audio/video equipment I. Officer non-liability J. Funding K. Required training in racial profiling 1. Police chiefs 2. All holders of intermediate certificates and/or two-year-old licenses as of 09/01/2001 (training to be completed no later than 09/01/2003) — see legislation 77R-SB1074 1.1.2 LEARNING OBJECTIVE: The student will become familiar with Supreme Court decisions and other court decisions involving appropriate actions in traffic stops. A. Whren v. United States, 517 U.S. 806, 116 S.Ct. 1769 (1996) 1. Motor vehicle search exemption 2. Traffic violation acceptable as pretext for further investigation 3. Selective enforcement can be challenged B. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868 (1968) 1. Stop & Frisk doctrine 2. Stopping and briefly detaining a person 3. Frisk and pat down C. Other cases 1. Pennsylvania v. Mimms, 434 U.S. 106, 98 S.Ct. 330 (1977) 2. Maryland v. Wilson, 117 S.Ct. 882 (1997) 3. Graham v. State, 119 MdApp 444, 705 A.2d 82 (1998) 4. Pryor v. State, 122 Md.App. 671 (1997) cert. denied 352 Md. 312, 721 A.2d 990 (1998) 5. Ferris v. State, 355 Md. 356, 735 A.2d 491 (1999) 6. New York v. Belton, 453 U.S. 454 (1981) 2.0 RACIAL PROFILING AND THE COMMUNITY 2.1 UNIT GOAL: The student will be able to identify logical and social arguments against racial profiling. 2.1.1 LEARNING OBJECTIVE: The student will be able to identify logical and social arguments against racial profiling. A. There are appropriate reasons for unusual traffic stops (suspicious behavior, the officer's intuition, MOs, etc.), but police work must stop short of cultural stereotyping and racism B. Racial profiling would result in criminal arrests, but only because it would target all members of a race randomly — the minor benefits would be far outweighed by the distrust and anger towards law enforcement by minorities and the public as a whole C. Racial profiling is self-fulfilling bad logic: if you believed that minorities committed more crimes, then you might look for more minority criminals, and find them in disproportionate numbers D. Inappropriate traffic stops generate suspicion and antagonism towards officers and make future stops more volatile — a racially-based stop today can throw suspicion on tomorrow's legitimate stop E. By focusing on race, you would not only be harassing innocent citizens, but overlooking criminals of all races and backgrounds — it is a waste of law enforcement resources 3.0 RACIAL PROFILING VERSUS REASONABLE SUSPICION 3.1 UNIT GOAL: The student will be able to identify the elements of both inappropriate and appropriate traffic stops. 3.1.1 LEARNING OBJECTIVE: The student will be able to identify elements of a racially motivated traffic stop. A. Most race-based complaints come from vehicle stops, often since race is used as an inappropriate substitute for drug courier profile elements B. "DWB" — "Driving While Black" — a nickname for the public perception that a Black person may be stopped solely because of their race (especially with the suspicion that they are a drug courier), often extended to other minority groups or activities as well ("Driving While Brown," "Flying While Black," etc.) C. A typical traffic stop resulting from racial profiling 1. The vehicle is stopped on the basis of a minor or contrived traffic violation which is used as a pretext for closer inspection of the vehicle, driver, and passengers 2. The driver and passengers are questioned about things that do not relate to the traffic violation 3. The driver and passengers are ordered out of the vehicle 4. The officers visually check all observable parts of the vehicle 5. The officers proceed on the assumption that drug courier work is involved by detaining the driver and passengers by the roadside 6. The driver is asked to consent to a vehicle search — if the driver refuses, the officers use other procedures (waiting on a canine unit, criminal record checks, license-plate checks, etc.), and intimidate the driver (with the threat of detaining him/her, obtaining a warrant, etc.) 3.1.2 LEARNING OBJECTIVE: The student will be able to identify elements of a traffic stop which would constitute reasonable suspicion of drug courier activity. A. Drug courier profile (adapted from a profile developed by the DEA) 1. Driver is nervous or anxious beyond the ordinary anxiety and cultural communication styles 2. Signs of long-term driving (driver is unshaven, has empty food containers, etc.) 3. Vehicle is rented 4. Driver is a young male, 20-35 5. No visible luggage, even though driver is traveling 6. Driver was over-reckless or over-cautious in driving and responding to signals 7. Use of air fresheners B. Drug courier activity indicators by themselves are usually not sufficient to justify a stop 3.1.3 LEARNING OBJECTIVE: The student will be able to identify elements of a traffic stop which could constitute reasonable suspicion of criminal activity. A. Thinking about the totality of circumstances in a vehicle stop B. Vehicle exterior 1. Non-standard repainting (esp. on a new vehicle) 2. Signs of hidden cargo (heavy weight in trunk, windows do not roll down, etc.) 3. Unusual license plate suggesting a switch (dirty plate, bugs on back plate, etc.) 4. Unusual circumstances (pulling a camper at night, kids' bikes with no kids, etc.) C. Pre-stop indicators 1. Not consistent with traffic flow 2. Driver is overly cautious, or driver/passengers repeatedly look at police car 3. Driver begins using a car- or cell-phone when signaled to stop 4. Unusual pull-over behavior (ignores signals, hesitates, pulls onto new street, moves objects in car, etc.) D. Vehicle interior 1. Rear seat or interior panels have been opened, there are tools or spare tire, etc. 2. Inconsistent items (anti-theft club with a rental, unexpected luggage, etc.) Resources Proactive Field Stops Training Unit — Instructor's Guide, Maryland Police and Correctional Training Commissions, 2001. (See Appendix A.) Web address for legislation 77R-SB1074: http://t1o2.t1c.state.tx.us/tIo/77r/billtext/SB01 074F.htm Report on Complaints Report on Complaints The following table contains data regarding officers that have been the subject of a complaint, during the time period of 1/1/12---12/31/12,based on allegations outlining possible violations related to the Texas Racial Profiling Law. The final disposition of the case is also included. A check above indicates that the Wylie Police Department has not received any complaints, on any members of its police force, for having violated the Texas Racial Profiling Law during the time period of 1/1/12 ---- 12/31/12. Complaints Filed for Possible Violations of The Texas Racial Profiling Law Complaint Alleged Violation Disposition of the Case No. 001 Violation of Racial Exoneration Profiling Law. 002 Violation of Racial Exoneration Profiling Law. Additional Comments: Tables Illustrating Traffic and Motor Vehicle-Related Contacts Tier 1 Data (I) Tier 1 Data Motor Vehicle-Related Contact Information (1/1/12-12/31/12) Race/Ethnicity* Contacts Searches Consensual PC Searches Custody Searches Arrests i N % N % N % N % N % Caucasian 6,060 67 389 73 211 81 178 65 248 66 African 1,317 14 78 15 30 11 48 18 58 15 Hispanic 1,348 15 57 11 14 5 43 , 16 69 18 Asian 170 2 2 .4 0 0 _ 2 .7 0 0 Native 5 .05 0 0 0 0 0 0 0 0 American Middle Eastern 194 1 8 1 6 2 2 .7 4 1 Other 16 .2 1 .2 0 0 1 .4 1 .3 Total 9,110 100 535 100 261 100 274 100 380 100 "N"represents"number"of traffic-related contacts *Race/Ethnicity is defined by Senate Bill 1074 as being of a"particular descent,including Caucasian, African,Hispanic,Asian,Native American or Middle Eastern". **Figure has been rounded Tier 1 Data (Motor Vehicle Contacts) 70 - - - 60 50 40 (Percent) 30 — 20 — 10 0 � JVm Q .yam Q �< fey • Motor Vehicle Contacts (Origin) Tier 1 Data (Searches) 400 350 300 250 (Freq.) 200 150 100 50 y � hrZ g0 �4 i f" 0 Nr •�� P ■ Searches ❑ Consent (Origin) ® PC Tier 1 Data (Arrests) 70 -- 601 50 40 (Percent) 30 20 1 0 - ' 0 � C.) Q ® Arrests •�� tr m � (Origin) Total Number of Instances where Officers Knew/did not Know Race/Ethnicity of Individuals Before Being Detained(1/1/12--12/31/12) Total Number of Total Number of Instances where Officers Instances where Officers Knew Race and Ethnicity Did Not Know the Race of Individuals Before and Ethnicity of Being Detained Individuals Before Being Detained 34 9,076 Known Race/Ethnicity (Frequencies) 10000 9000 8000 1 7000 6000 50001 40001 3000 20001 ❑ Known 1000 -' Race/Ethnicity • Not Known 0 -' ( Tier 1 (Partial Exemption TCLEOSE Form) Partial Exemption Racial Profiling Reporting (Tier 1) Department Name �ra�`� Wict, yc,r-l-meric Agency Number b 5 .D\ Chief Administrator Name . 1:)A r i\- bu,SCii Reporting Name Pect, 1..., �cw`11 Contact Number C9')�� `al2l E-mail Address p .ccc3L c;v +t..�ex&.5 0100 Certification to Report 2.132 (Tier 1) — Partial Exemption Policy Requirements (2.132(b) CCP): Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1 ) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those stops, including information relating to: (A) the race or ethnicity of the individual detained; (B) whether a search was conducted and, if so, whether the individual detained consented to the search; and (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and (7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision (6) to: (A) the Commission on Law Enforcement Officer Standards and Education; and (B) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. These polices are in effect , -15 -►3 Chief Administrator Date Partial Exemption Racial Profiling Reporting (Tier 1) Video and Audio Equipment Exemption Partial Exemption Claimed by (2.135(a) CCP): 'all cars regularly used for motor vehicle stops are equipped with video camera and transmitter-activated equipment and each motor stop is recorded and the recording of the stop is retained for at least 90 days after the stop. OR ❑ In accordance with 2.135(a)(2) the agency has requested and not received funds to install the recording equipment I claim this exemption 1 - ►;-h3 Chi f Administrator Date pOLICe WYLIE POLICE DEPT „,,,,,Lf, :11 Racial Profiling 01/01/2012 - 12/31/2012 T.e x t.. Contacts Search Consent PC Contraband Male Female Resident Race Reason For Contact # Percent Known Moving Non- Non- Moving Traffic Asian 170 1.87% 2 0 2 2 100 70 96 12 131 39 0 Black 1317 14.46% 78 30 48 15 836 481 836 3 943 333 41 Hispanic 1348 14.80% 57 14 43 14 905 442 784 4 966 346 36 Middle Eastern 194 2.13% 8 6 2 0 148 46 120 5 143 48 3 Native American 5 0.05% 0 0 0 0 3 2 4 1 5 0 0 Other 16 0.18% 1 0 1 0 11 5 7 1 14 2 0 White 6060 66.52% 389 211 178 109 3621 2439 3786 8 4398 1504 157 Total 9110 535 261 274 140 5624 3485 5633 34 6600 2272 237 7000 V 6000 5000 / 4000 -" 3000 / 2000 "' 1000 I 0 - 4/ / . .0" A-- ./4 A r ����� ores °�� QG aka ae \°� a°�\ ���� ���� a c) G°� °aD Goy r 'Sao <<°) co e' �o �o °,<< s'r G° \° • Asian Black • Hispanic • Middle Eastern • Native American Other • White 1 Hispanic is determined by ethnicity, regardless of race. Page 1 of 2 Hispanics are not included in other races. ICS-frmMisc 1750 Missing Racial Profiling Data CFS# Date/Time Primary Unit Call Type Dispo Source Hispanic is determined by ethnicity, regardless of race. Page 2 of 2 Hispanics are not included in other races. ICS-frmMisc_1750 pOLtCE WYLIE POLICE DEPT .71 Racial Profiling Dispositions 12/01/2012 - 12/31/2012 TF x P5 Disposition Charge Arrest Citation Arrest/Citation Warning Released Felony Misd Traffic No Charge Male 3 0 1 0 2 0 0 0 1 2 Female 6 0 1 0 5 0 0 0 1 5 Asian 9 , 0 2 0 7 0 0 0 2 7 Male 58 10 4 0 39 5 1 7 14 36 Female 42 1 0 1 38 2 1 1 6 34 Black 100 11 4 1 77 7 2 8 20 70 Male 63 6 10 0 46 1 2 2 21 38 Female 33 0 3 0 30 0 0 0 5 28 Hispanic 96 6 13 0 76 1 2 2 26 66 Male 21 0 1 0 20 0 1 0 2 18 Female 5 0 1 0 4 0 0 0 3 2 Middle Eastern 26 0 2 0 24 0 1 0 5 20 Female 1 0 0 0 1 0 0 0 0 1 Native American 1 0 0 0 1 0 0 0 0 1 Male 278 21 15 3 223 16 8 13 55 202 Female 129 9 10 4 101 5 4 9 22 94 White 407 30 25 7 324 21 12 22 77 296 _ Total: 639 47 46 8 509 29 17 32 130 460 350 7 300 7 250 200 7 150 7 100 7 50 7 1 0 Arrest Citation Arrest And Warning Released Felony Misd Traffic Citation • Asian Black ■ Hispanic • Middle Eastern ' ■ Native American White Hispanic is determined by ethnicity, regardless of race. Hispanics are not included in other races. ICS-frmMisc_1751 Option to submit required data by utilizing agency report You must submit your report in PDF format Electronic Submission of data required by 2.132(b)(6) CCP (6) require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those stops, including information relating to: (A) the race or ethnicity of the individual detained; (B) whether a search was conducted and, if so, whether the individual detained consented to the search; and (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and This report meets t above requirements Chief Administrator Date Send entire documents electronically to this website www.tcleose.state.tx.us Tier 1 Baseline Comparison (Fair Roads Standard) (II) Motor Vehicle-Contacts and Fair Roads Standard Comparison Comparison of motor vehicle-related contacts with households in DFW that have vehicle access (in percentages). (1/1/12-12/31/12) Race/Ethnicity* Contacts Households with vehicle in ercenta es access in ercenta es Caucasian 67 60 African 14 14 Hispanic 15 19 Asian 2 5 Native American .05 N/A Middle Eastern 1 N/A Other .2 N/A Total 100** 98** *Race/Ethnicity are defined by Senate Bill 1074 as being of a"particular descent,including Caucasian, African,Hispanic,Asian,Native American and Middle Eastern". **Represents rounded figure Tier 1 (Motor Vehicle-Contacts 70 and Households/12) 60 50 40 (Percent) 30 20 10 0 iii 'De 4.<V sett IT • �'. Ov., 0fry Q� � II Motor a Vehicle- �•a Contacts ■ Households (Origin) Tier 1 Data (Eleven-Year Comparative Analysis) (2002-2012) (III) Eleven-Year Tier 1 Data Comparison Comparison of Eleven-Year Traffic and Motor Vehicle-Related Contact Information (1/1/02---12/31/12) Race/Ethnicity* Traffic-Related Contacts (in percentages) (02) (03) (04) (05) (06) (07) (08) (09) Caucasian 80 74 75 76 79 71 71 73 African 3 4 6 8 9 10 11 11 Hispanic 16 21 18 15 11 16 14 13 Asian .47 1 1 1 1 2 2 2 Native .06 0 0 0 0 .01 .05 .05 American Other .30 0 .24 .06 0 .8 1 2 Total 100** 100 100** 100 100 100** 100 100** * Race/Ethnicity is defined by Texas Senate Bill 1074 as being of a"particular descent, including Caucasian, African, Hispanic, Asian, or Native American". ** Figure has been rounded. Comparison of Eleven-Year Traffic and Motor Vehicle-Related Contact Information (1/1/02---12/31/12) Race/Ethnicity* Motor Vehicle-Related Contacts (in percentages) (10) (11) (12) Caucasian 72 69 67 African 11 13 14 Hispanic 13 14 15 Asian 2 2 2 Native American .01 .07 .05 Middle Eastern 2 2 1 Other .5 .1 .2 Total 100** 100 100 *Race/Ethnicity is defined by Texas Senate Bill 1074 as being of a"particular descent,including Caucasian,African,Hispanic,Asian,Native American and Middle Eastern". **Figure has been rounded. Tier 1 Data (Contacts 02-12) 80 - 70 lit 60 - 50 - (Percent) 40 30 - 20 - f r 101 0 ill A _ ■ Contacts 02 m .E C C ❑ Contacts 03 N a z 0 o ❑ Contacts 04 Q E w ❑ Contacts 05 6 = Q a) ■ Contacts 06 w a ❑ Contacts 07 z ■ Contacts 08 ❑ Contacts 09 El Contacts 10 ❑ Contacts (11 ) (Origin) ❑ Contacts (12) Comparison of Eleven-Year Traffic and Motor-Vehicle Related Search Information (1/1/02---12/31/12) Race/Ethnicity* Search-Related Searches (in percentages) (02) (03) (04) (05) (06) (07) (08) (09) Caucasian 79 64 59 53 81 73 68 71 African 3 1 8 2 5 11 14 12 Hispanic 18 34 31 44 14 15 16 15 Asian 0 .6 0 0 0 1 2 2 Native 0 0 0 0 0 0 0 .3 American Other 0 0 2 0 0 .3 .2 .3 Total 100 100** 100 100 100** 100** 100 100 *Race/Ethnicity is defined by Texas Senate Bill 1074 as being of a"particular descent,including Caucasian,African,Hispanic,Asian,or Native American". **Figure has been rounded. Comparison of Eleven-Year Traffic and Motor Vehicle-Related Search Information (1/1/02---12/31/12) Race/Ethnicity* Motor Vehicle-Related Searches (in percentages) (10) (11) (12) Caucasian 68 67 73 African 14 15 15 Hispanic 17 16 11 Asian 1 1 .4 Native American 0 0 0 Middle Eastern .7 1 1 Other 0 0 .2 Total 100** 100** 100 *Race/Ethnicity is defined by Texas Senate Bill 1074 as being of a"particular descent,including Caucasian,African,Hispanic,Asian,Native American and Middle Eastern". ** Figure has been rounded. Tier 1 Data (Searches 02-12) 90 80 70 60 50 - (Percent) 40 30 20 10 ■ Searches 02 i ❑ Searches 03 L a "i y ® Searches 04 ❑ Searches 05 ■ Searches 06 Z � ❑ Searches 07 ■ Searches 08 ❑ Searches 09 ■ Searches 10 ElSearches 11 (Origin) g� ) ❑ Searches 12 Comparison of Eleven-Year Traffic and Motor Vehicle-Related Arrest Information (1/1/02---12/31/12) Race/Ethnicity* Arrest-Related Arrests (in percentages) (02) (03) (04) (05) (06) (07) (08) (09) Caucasian 77 43 57 50 67 66 67 66 African 3 1 4 7 12 12 13 15 Hispanic 19 54 38 42 21 20 18 16 Asian 0 2 0 0 0 1 2 2 Native 0 0 0 0 0 0 0 .3 American Other 0 0 1 1 0 .7 0 0 Total 100** 100 100 100 100** 100** 100 100 *Race/Ethnicity is defined by Texas Senate Bill 1074 as being of a"particular descent,including Caucasian,African,Hispanic,Asian,or Native American". **Figure has been rounded. Comparison of Eleven-Year Traffic and Motor Vehicle-Related Arrest Information (1/1/02---12/31/12) Race/Ethnicity* Motor Vehicle-Related Arrests (in percentages) (10) (11) (12) Caucasian 67 64 66 African 12 14 15 Hispanic 19 19 18 Asian .7 1 0 Native American 0 0 0 Middle Eastern .7 1 1 Other .4 0 .3 Total 100** 100** 100 *Race/Ethnicity is defined by Texas Senate Bill 1074 as being of a"particular descent,including Caucasian,African,Hispanic,Asian,Native American and Middle Eastern". **Figure has been rounded. Tier 1 Data (Arrests 02-12) 80 70 - vit 60 50 (Percent) 40 30 20 10 - „ Arrests (02) 0 �' 'r`� - --, ❑ Arrests (03) .�0 i El Arrests (04) v. `� El Arrests (05) 6trr �� ,yam Q 147 O■ Arrests 06 �� ❑ Arrests 07 V a • Arrests (08) ❑ Arrests (09) �� ❑ Arrests (10) ❑ Arrests (11) (Origin) ❑ Arrests (12) Analysis and Interpretation of Data Analysis In 2001,the Texas legislature passed Senate Bill 1074 which became the Texas Racial Profiling Law. That is,the law came into effect on January 1,2002 and required that all police departments in Texas collect traffic-related data and report this information to their local governing authority by March 1st of each year. In 2009,the racial profiling law was modified to include the collection and reporting of all motor vehicle related contacts where a citation was issued or arrest made. In addition, since 2009, the law requires that all police officers indicate whether or not they knew the race or ethnicity of the individual before detaining them. Further, it is required that agencies report motor vehicle related data to their local governing authority and to the Texas Commission on Law Enforcement Officer Standards and Education(TCLEOSE)by March 1st of each year. The purpose in collecting and presenting this information is to determine if police officers in a particular municipality are engaging in the practice of racially profiling minority motorists. The Texas Racial Profiling Law requires police departments to interpret motor vehicle-related data. Even though most researchers would probably agree with the fact that it is within the confines of good practice for police departments to be accountable to the citizenry while carrying a transparent image before the community, it is very difficult to determine if police officers are engaging in racial profiling, from a review or analysis of aggregate data. In other words, it is challenging for a reputable researcher to identify specific "individual"racist behavior from aggregate-level"institutional"data on traffic or motor vehicle-related contacts. In 2009,the Texas Legislature passed House Bill 3389, which modified the existing Racial Profiling Law by adding new requirements; this took effect on January 1st,2010. These most recent changes include,but are not exclusive of, the re-defmition of a contact to include motor vehicles where a citation was issued or an arrest made. In addition,it requires police officers to indicate if they knew the race or ethnicity of the individual before detaining them. Also,the new law requires adding "middle eastern"to the racial and ethnic category and submitting the annual traffic data report to TCLEOSE before March 1st of each year, starting this year. I am pleased to inform you that these new requirements have been addressed by the Wylie Police Department as it is demonstrated throughout this report. In an effort to comply with The Texas Racial Profiling Law,the Wylie Police Department commissioned the analysis of its 2012 motor vehicle contact data. Thus, three different types of data analyses were performed. The first of these involved a careful evaluation of the 2012 motor vehicle-related data. This particular analysis measured, as required by the law,the number and percentage of Caucasians,African Americans,Hispanics,Asians,Native Americans,Middle Easterners and individuals belonging to the"other"category,that came in contact with the police in the course of a motor vehicle related stop,and were either issued a citation or arrested. Further,the analysis included information relevant to the number and percentage of searches (table 1) while indicating the type of search performed(i.e., consensual or probable cause). Also, the data analysis included the number and percentage of individuals who, after they came in contact with the police for a traffic-related reason,were arrested. The additional data analysis performed was based on a comparison of the 2012 motor vehicle contact data with a specific baseline. When reviewing this particular analysis,it should be noted that there is disagreement, in the literature, regarding the appropriate baseline to be used when analyzing motor vehicle-related contact information. Of the baseline measures available,the Wylie Police Department opted to adopt, as a baseline measure,the Fair Roads Standard. This particular baseline is based on data obtained through the U.S. Census Bureau(2010)relevant to the number of households that have access to vehicles while controlling for the race and ethnicity of the heads of households. It is clear that census data presents challenges to any effort made at establishing a fair and accurate racial profiling analysis. That is, census data contains information on all residents of a particular community, regardless of the fact they may or may not be among the driving population. Further, census data,when used as a baseline of comparison, presents the challenge that it captures information related to city residents only. Thus, excluding individuals who may have come in contact with the Wylie Police Department in 2012 but live outside city limits. In some cases,the percentage of the population that comes in contact with the police but lives outside city limits represents a substantial volume of all motor vehicle-related contacts made in a given year. Since 2002, several civil rights groups in Texas expressed their desire and made recommendations to the effect that all police departments should rely, in their data analysis,on the Fair Roads Standard. This source contains census data specific to the number of"households"that have access to vehicles. Thus,proposing to compare "households"(which may have multiple residents and only a few vehicles)with "contacts"(an individual-based count). This, in essence, constitutes a comparison that may result in ecological fallacy. Despite this,the Wylie Police Department made a decision that it would use this form of comparison(i.e., census data relevant to households with vehicles) in an attempt to demonstrate its"good will"and "transparency"before the community. Thus,the Fair Roads Standard data obtained and used in this study is specifically relevant to the Dallas Fort Worth(DFW)Metroplex. The final analysis was conducted while using the 2002--2009 traffic data and the 2010-2012 motor-vehicle related data. Specifically, all traffic-related contacts made in 2009 were compared to similar figures reported in 2002,2003,2004,2005,2006, 2007 and 2008. Similarly,motor vehicle contact data was compared while using data from 2010,2011 and 2012. Although some researchers may not support the notion that in eleven years, a"significant"and"permanent"trend can take effect,when considering this analysis, it was determined that comparing eleven years of traffic/motor vehicle contact data may highlight possible areas of consistency with regards to traffic and motor vehicle-related contacts. That is,the eleven-year comparison has the potential of revealing indicators that a possible trend of traffic and motor vehicle-based contacts with regards to members of a specific minority group,may in fact, develop. Tier 1 (2012)Motor Vehicle-Related Contact Analysis When analyzing the Tier 1 data collected in 2012, it was evident that most motor vehicle-related contacts were made with Caucasian drivers. This was followed by Hispanic and African American drivers. With respect to searches,most of them were performed on Caucasian drivers. This was followed by African Americans and Hispanics. It is important to note that the arrest data revealed that Caucasian drivers were arrested the most in motor vehicle-related contacts;this was followed by Hispanics and African Americans. Fair Roads Standard Analysis The data analysis of motor vehicle contacts to the census data relevant to the number of"households"in the DFW who indicated, in the 2010 census,that they had access to vehicles,produced interesting fmdings. Specifically,the percentage of individuals of Caucasian descent that came in contact with the police was higher than the percentage of Caucasian households in DFW that claimed, in the 2010 census,to have access to vehicles. With respect to African Americans, Hispanics,Asians and Native Americans,the same or a lower percentage of contacts were detected. That is,the percentage of African American,Hispanic, Asian and Native American drivers that came in contact with the police in 2012 was the same or lower than the percentage of African American, Hispanic,Asian and Native American households in DFW with access to vehicles. Eleven-Year Comparison The eleven-year comparison(02-12)of traffic and motor vehicle related-contact data showed some similarities. As illustrated in table 3,the percentage of drivers(from different racial/ethnic groups)that came in contact with the Wylie Police in 2012 was similar to the percentage of drivers, from the same racial/ethnic groups that came in contact with the Wylie Police Department from 2002 to 2011. However, a few differences were noted. When comparing 2012 to the previous years, there was an increase in percentage of contacts among African American and Hispanic drivers. A decrease in percentage was detected among Caucasians. It is clear that commonalities in the data existed,when analyzing the search- related contacts for all eleven years. An increase in percentage was detected among Caucasians while percentage decreases were noted among Hispanics. When considering the arrests made,the data revealed that the percentage of arrests increased among Caucasians and African Americans while a decrease in percentage was evident among Hispanics. It should be noted that the 2010,2011 and 2012 data should be analyzed while considering that since January 1st of 2010, a contact was re-defined by the law; thus,making it statistically challenging to compare traffic contacts(collected and reported from 2002-2009)with motor vehicle contacts (collected and reported since 2010). Summary of Findings The comparison of motor vehicle contacts showed that the Wylie Police Department came in contact(in motor vehicle-related incidents)with the same or a smaller percentage of African American, Hispanic,Asian and Native American drivers than the percentage that resided in DFW and had access to vehicles. Further,the data suggested that the percentage of Caucasian drivers that came in contact with the police in 2012 was higher than the percentage of Caucasian households in DFW with access to vehicles. In addition, the data showed that in a large number of instances, officers did not know the race or ethnicity of individuals before detaining them,when compared to instances where officers knew the race/ethnicity of individuals before they were detained. An examination of the eleven-year traffic and motor vehicle-related contact data suggested that the Wylie Police Department has been, for the most part, consistent in the racial/ethnic composition of motorists it comes in contact with during a given year. The consistency of contacts for the past eleven years is in place despite the fact the city demographics may have changed,thus, increasing the number of subjects likely to come in contact with the police. While considering the findings made in this analysis, it is recommended that the Wylie Police Department should continue to collect and evaluate additional information on motor vehicle contact data(i.e.,reason for probable cause searches, contraband detected)which may prove to be useful when determining the nature of the contacts police officers are making with all individuals;particularly with African Americans and Hispanics. Although this additional data may not be required by state law, it is likely to provide insights regarding the nature and outcome of all motor vehicle contacts made with the public. As part of this effort,the Wylie Police Department is also encouraged to: 1) Perform an independent search analysis on the search data collected in the first quarter of 2013. 2) Commission data audits in 2013 in order to assess data integrity; that is,to ensure that the data collected is consistent with the data being reported. It should be noted that the Department complied with recommendations made last year regarding data audits. Further,the information and analysis provided in this report serves as evidence that the Wylie Police Department has, once again, complied with the Texas Racial Profiling Law. (III) Summary Checklist Checklist The following requirements were met by the Wylie Police Department in accordance with The Texas Racial Profiling Law: ® Clearly defined act or actions that constitute racial profiling ® Statement indicating prohibition of any peace officer employed by the Wylie Police Department from engaging in racial profiling ® Implement a process by which an individual may file a complaint regarding racial profiling violations ® Provide public education related to the complaint process ® Implement disciplinary guidelines for officer found in violation of the Texas Racial Profiling Law ® Collect data (Tier 1)that includes information on a) Race and ethnicity of individual detained b) Whether a search was conducted c) If there was a search, whether it was a consent search or a probable cause search d) Whether a custody arrest took place ® Indicate total number of officers who knew and did not know, the race/ethnicity of individuals before being detained. ® Produce an annual report on police contacts (Tier 1) and present this to local governing body and TCLEOSE by March 1, 2013. ® Adopt a policy, if video/audio equipment is installed, on standards for reviewing video and audio documentation Contact Information Contact Information For additional questions regarding the information presented in this report, please contact: Del Carmen Consulting,LLC 817.681.7840 www.texasracialprofiling.com www.delcarmenconsulting.com Disclaimer: The author of this report,Alejandro del Carmen/del Carmen Consulting, LLC,is not liable for any omissions or errors committed in the acquisition,analysis, or creation of this report. Further, Dr. del Carmen/del Carmen Consulting is not responsible for the inappropriate use and distribution of information contained in this report. Further, no liability shall be incurred as a result of any harm that may be caused to individuals and/or organizations as a result of the information contained in this report. A OF Tyke g= • ® Wylie City Council AGENDA REPORT oiss7•, "rE op S'E0 Meeting Date: February 12,2013 Item Number: C. (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: January 23,2013 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, Ordinance No. 2013-05, amending the zoning from Neighborhood Services (NS) District to Neighborhood Services with a Specific Use Permit (NS-SUP) District for an Animal Clinic or Hospital use limited to a lease space (Suite 110) of 2,515 square feet within the existing Zlan Corner Commercial Center, generally located at the northeast corner of Country Club Road and W. Brown Street. ZC 2012-11 Recommendation Motion to approve Ordinance No. 2013-05, amending the zoning from Neighborhood Services (NS) District to Neighborhood Services with a Specific Use Permit (NS-SUP) District for an Animal Clinic or Hospital use, limited to a lease space (Suite 110) of 2,515 square feet within the existing Zlan Corner Commercial Center, generally located at the northeast corner of Country Club Road and W. Brown Street. ZC 2012-11 Discussion Owner: Adam Fullington Applicant: William Foster Zoning Case 2012-11 requires an Ordinance to amend the zoning accordingly in the Official Zoning Map of the City, and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. The subject property is located at 456 Country Club Road, Suite 110 and includes the lease space only as described in Exhibit"A" Legal Description. Per the conditions of the SUP, the limit of the use apply to the lease space only and does not allow any outside kennels or pens. In addition, any indoor kennels or overnight boarding is limited to no more than 17% of the total square footage of gross floor area. The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. Page 1 of 1 ORDINANCE NO. 2013-05 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2012-11, FROM NEIGHBORHOOD SERVICES (NS) DISTRICT TO NEIGHBORHOOD SERVICES WITH A SPECIFIC USE PERMIT (NS-SUP) DISTRICT FOR AN ANIMAL CLINIC OR HOSPITAL USE LIMITED TO A LEASE SPACE (SUITE 110) OF 2,515 SQUARE FEET; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Neighborhood Services with an SUP (NS-SUP), said property being described in Exhibit "A" (Legal Description), Exhibit "B" (Development Plan), Exhibit "C" (SUP Conditions), Exhibit "D" (Tenant Floor Plan) attached hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. Ordinance No.2013-05 Amending the Comprehensive Zoning Ordinance Page 1 of 6 SUP for an Animal Clinic or Hospital-Rezoning from NS to NS-SUP SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas,this 12th day of February, 2013. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION:February 13,2013 in the Wylie News. Ordinance No.2013-05 Amending the Comprehensive Zoning Ordinance Page 2 of 6 SUP for an Animal Clinic or Hospital-Rezoning from NS to NS-SUP EXHIBIT 'A' LEGAL DESCRIPTION FOR VETERINARIAN SPACE WHEREAS, WYLIE POINT, LP, a Texas limited partnership, is the owner of a tract of land situated in the Charles Atterbury survey, Abstract No. 22, being all of Lots 2 and 3, Block A, Zlan Corner Addition, an addition in the City of Wylie, Texas according to the Plat thereof recorded in Book R, Page 16, Official Public Records, Collin County, Texas and being a portion of that certain tract of land conveyed to Wylie Point, LP by Special Warranty Deed recorded in Book 5993, page 977, official public records, Collin County, Texas, and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod on the east right-of-way line of Country Club Road (FM 1378) and the West line of said Lot 3, Block A, said point also being in the South line of a tract of land conveyed to F.O. Birmingham Memorial Land Trust by Warranty Deed recorded in Book 5832, Page 794, Official Public Records, Collin County, Texas; Thence North 90 Degrees 00 Minutes 00 Seconds East, departing said East right-of-way line of said Country Club Road, and along the North line of said Lot 3, Block A, a distance of 139.54 feet to a point for corner; Thence South 00 Degrees 00 Minutes 00 Seconds East, departing said north line of said Lot 3, Block A, a distance of 121.92 feet to the POINT OF BEGINNING of herein described tract; Thence North 90 Degrees 00 Minutes 00 Seconds East, a distance of 62.17 feet to a corner; Thence South 00 Degrees 00 Minutes 00 Seconds East, a distance of 40.92 feet to a corner; Thence South 90 Degrees 00 Minutes 00 Seconds West, a distance of 63.67 feet to a corner; Thence North 00 Degrees 00 Minutes 00 Seconds West, a distance of 1.50 feet to a corner; Thence North 90 Degrees 00 Minutes 00 Seconds East, a distance of 2.83 feet to a corner; Thence North 00 Degrees 00 Minutes 00 Seconds West, a distance of 29.67 feet to a corner; Thence South 90 Degrees 00 Minutes 00 Seconds West, a distance of 4.17 feet to a corner; Thence North 00 Degrees 00 Minutes 00 Seconds West, a distance of 3.00 feet to a corner; Thence North 90 Degrees 00 Minutes 00 Seconds East, a distance of 2.83 feet to a corner; Thence North 00 Degrees 00 Minutes 00 Seconds West, a distance of 6.75 feet to the POINT OF BEGINNING and containing 2,515 square feet. Ordinance No.2013-05 Amending the Comprehensive Zoning Ordinance Page 3 of 6 SUP for an Animal Clinic or Hospital-Rezoning from NS to NS-SUP I EBN I POINT OF F.O. BIRMINHAM MEMORIAL COMMENCING LAND TRUST / BOOK 5832 PC. 794 SCALE:1"=40' 36.14' N 90000'00"E 253.87' N 90°00'00"E 139.54 � I I � ---T--c, ) 11 II N \\ J �� o� F Q _N. El c C) ZI — — . 1,4 0 1 — — f-cc co U I — — L1 4L9 J z o — — L8 L7 2,515 S.F. 0 N — — c VETERINARIAN - I M F, ,o — CNA L5 SPACE w z L4 L 1 I O ■ ■ co \ gr L3 1 0 I — � IN — — 1 \ I 17' L2 S 00°00'00"E 40.92' L3 S 90°00'00"W 63.67' CII I L4 N 00°00'00"W 1.50' _ NI L5 N 90°00'00"E 2.83' iriI L6 N 00°00'00"W 29.67' 4E1, L7 S 90°00'00"W 4.17' w L8 N 00°00'00"W 3.00' o,l L9 N 90°00'00"E 2.83' �� I L 10 N 0 '00" 6.75' a N / OI Z II qo II I a \ I \ jj S 90°00'00"W 258.63' //I ZLAN CORNER (WYLIE POINT) EXHIBIT 'B' 456 COUNTRY CLUB RD. Ordinance No.2013-05 Amending the Comprehensive Zoning Ordinance WYLIE, TEXAS 7PaAof 6 SUP for an Animal Clinic or Hospital-Rezoning from NS to NS-SUP Exhibit "C" Zoning Case 2012-11 Conditions for Specific Use Permit for Animal Clinic, Hospital Zlan Addition, Block A, Lot 3, Suite 110 1. The Specific Use Permit (SUP) shall not affect any regulations within Zoning Ordinance, except as specifically provided herein. 2. All regulations of Neighborhood Services (NS) zoning district set forth in Article 4, Section 4.3 of the Comprehensive Zoning Ordinance (adopted as of December 2012) are included as reference and shall apply as provided herein. 3. In case of any conflict, the zoning exhibit and/or this document shall take precedent. 4. The Specific Use Permit (SUP) associated uses for Animal Hospital, Clinic shall be limited to designated suite within the shopping center. 5. There shall be no outside kennels and or pens associated v:+ith SUP. 6. Indoor kennels and overnight lodging of animals shall be limited not to exceed 427 square feet and or 17 % of total square footage of floor area of the clinic. 7. The clinic shall comply with all local and state health codes and regulations associated with veterinary care and treatment of animals. 8. The operation of the clinic shall in no way adversely conflict and negatively impact the City of Wylie's Shelter and Adoption Program, but shall on occasion be allowed to work cooperatively with City in cases of joint adoption and animal care programs. Ordinance No.2013-05 Amending the Comprehensive Zoning Ordinance Page 5 of 6 SUP for an Animal Clinic or Hospital-Rezoning from NS to NS-SUP „ ,..d I � � CA) _E i 11 Imo Q 12 , 383 S . F . z PROJECTRETAIL DEVELOPMENT COX'S F int- r. ,� n LOCATION r ZLAN CORNER (WYLIE POINT) a ° 456 COUNTRY CLUB RD . 5 n WYLIE , TEXAS 75098CT JJ a r 7-E Ieven W Brown St n CD LOCATION MAP 0 0 0 0 0 0 0 z Q 200 -0' 11 34`-O' / 33'-4” / 32' 8" / 32'-8" / 33'-4' / 34'-0" r 11 1'-4" 3' 4" 22' 0" 3'-4" 4'-0" 4'-0" 3'-4' 5114" 3' 4" 4'-0" I 4' 0" 3'-4" 42'-0" I 3'-4' 13'-4' 22'-0" 3'-4" 8'-8" O O 0 Ihk_ _ I Al _ O Oa I e.; '. re-e'e e've^rrr ^►►v-rre^W�rr . . - -rem e►-etI I(�ycVV�VV 'V I PVNI"VVVK.VV'VV' •"7Vn'„'vV. ♦♦ „a•1 ryVV�a►*VV VVVV� an "••• rn' •��•••4V4I'I WPV VE W.W.I VflVVrV V•eVVVVP ►•V...............7 rYrirrV�VaN RP v 7VaVVVV 7V•''•�...7 ......[' V'*VN'NV$'V4 '••••: ,•. ♦.. "V war Wirer'*7V+V'$V$VV'flW VI�IWtVe �rrre-e- - - - . ' L. I I I 1 0" 1 x 'in tie • I IZ 16/ 0# / Z zo m mA W ioa LLI CU A PAYLESS LEASE 1 STOP BEER • CLEANERS SPACE4 ~ LEASE SPACE 1 LEASE SPACE 2 LEASE SPACE 5 WINE CIGAR 3 607 S.F! I 2 515 S. F. 1 , 107 S. F. 964 S. F. I 2 007 S. F. t 2 136 S. F. • Q • I °-_8 I , I CO0 ® r\— ' 1 -� 0 T I I I I X LLI 1 LI CU N I I IN I I I I I 17'-81. I 2 15'-3' k I ® 18'-121" 15' 81�" • 4 0\h Li / 4/_p" 59'-1" LEASE SPACE 40'-11' LEASE SPACE I 4 _p• 1. at cr .YII al nii 1 ■� - --� III Eli .s I p I [ I , ILI L J I I L J �!.a I 'U I 1 a y. I 'U 11 z O CO I 2,- U Y L _IY Y L _I Y L ■I 0'-8" CC 0' 8" ICI 30'-8" 30' 8" --I 30'-0" 8" 30' 0" 8, 30'-8' I30'-8' O °" Ili CC in 0'-4" It 32'-4' 32'-4• t' 0`'-4" 31'-8" 31' 8" I' 0" 0" 32'-4' 32'-4" I'-4" 0'-4" 0 J W w U Q 401 w - 1- 1 TENANT FLOOR PLAN wZ in c.) o >_ SCALE: 1/16" = 1' 0" M. LO Ordinance No.2013-05 Amending the Comprehensive Zoning Ordinance Page 6 of 6 SUP for an Animal Clinic or Hospital-Rezoning from NS to NS-SUP CS;G �ytrt� _ :_ Wylie City Council AGENDA REPORT ��F.COLOR�pp� 1 ��a'MT►QQQQR�ILW,Y l� olOOIR 9T'iTe OP Tv," Meeting Date: February 12, 2013 Item Number: D. Division: Parks and Recreation (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: January 29, 2013 Budgeted Amount: Exhibits: 1 Subject Consider and act upon a Vendor Application request from the group representing the Run for Heroes Event for a vendor fair at Olde City Park on April 6, 2013. Recommendation Motion to recommend approval of the Vendor Application request from the group representing the Run for Heroes Event for a vendor fair at Olde City Park on April 6, 2013. Discussion The group representing the 1 St Lt. Robert Welch Run for our Heroes Race would like to raise funds to benefit the 1LT R.F. Welch III Memorial Scholarship via vendor booths at Olde City Park on April 6, 2013 from 8:00 a.m. to 5:00 p.m. The funds raised will benefit their charitable organization. The Parks and Recreation Board at their Regular Meeting on January 28, 2013 approved the group representing the 1st Lt. Robert Welch Run for our Heroes Race request to raise funds to benefit the 1LT R.F. Welch III Memorial Scholarship via vendor booths at Olde City Park on April 6, 2013 from 8:00 a.m. to 5:00 p.m. Page 1 of 1 PARhS AN I) R1-:CR1 x I ION CITY OF WYLIE 300 Country Club,Building 100,Wylie,TX 75098 972.516.6340 VENDOR REGISTRATION-once approved by City Council vendor has 7 days to finalize event with Parks& Recreation facility staff.Recommended timeline for submission to Park Board is 3-4 months in advance of event. Refer to Cit of W lie Code of Ordinances Section 78-105, Parks and Recreation, Peddlin• and vendin• of articles Group,Organization,Individual,etc. Name Phone Number LecKy Vicki) -395- Li95a Address Alternate Phone Number Fig i 7 L��g�nil� nvc City/State/Zip E-mail Fwik. , TX. 7509$ I �rinctssbocK�Q13 @ya Name Phone Number 15e..c.K1 Welch 1'j -3`1s-Licisa Address Alternate Phone Number rl 7 Ddenv(Ile i '.ic.. City/State/Zip E-mail tic? r . Isola ?rincessbecKj RS3@ y al-,00 .c,.crr Phone Number A li da Yovnjc -14-'1(o - (oF(17 Address Alternate Phone Number I I S At ics-4-irt f arr City/State/Zip E-mail Lavon , TIC I I G1e44,3e, ��mai I wrr► Event Information Event Name C 1LT Robc,-l- F vJcich111 Pori rte pUr }}croc5 Race_ C I r- tc SV.rV.r) gCnclor-cr.6c kv k) Type of Event Purpose of Event I 1 n-k.. ��.\K I SK r►3n I ve ndre 40,1 r 1 n 1 ( 'evcr>\- - , i4oncc w-Solclicr.S Location Proposed Event Date(s) Fonds 'it, wy b 1clr ( -i ?to'K —D�->t,-t cwr, L 1 t; I P sc,� .F�$ .!vca4 Number of Individuals Vending Items Start Time End Time 1.xsial+ �- any -a5 l -j4-1 _ _ $am I 5?r1 Anticipated Number in Attendance Event Target Audience ^�.� + _. I S>1Glicus l Vel f C-tLh�:AA k% ), Specific Items to be Sold J h,r, 1,(ANite.A £soc knu„&re1coric. t5, S .pbc* Sc-e.n--1-1. t f rc r , but Ks, C���\0.1s r r,`, y e- ,c , b��n cc sc t NOTE: If food is prepared on-site or off-site and brought to the location to be sold,the vendor must contact the City Inspections Office(972.516 6420)in order to obtain a Health Permit prior to the sale of such products.An Inspector must examine the food preparation and food storage equipment to assure the health and safety of customers The 2nd Annual JLT Robert E Welch III Run for Our Heroes Race Saturday, April 6, 2013 at 9am Downtown Wylie, Texas 414 xaforrA Come join us as we honor all of our heroes, past and present, in either a 1 mile fun run/walk or 5K run. There is no cost for participation, but all donations raised for this event will go towards funding the 1LT Robert F. Welch III Memorial Scholarship honoring one of our own local fallen heroes. A vendor fair will also take place in Old City Park from 9-3pm the same day (if interested in setting up a booth space please contact the POCs below.) Donations can be made prior to or on race day through the Education Foundation by contacting Jordan Adams at 972-429-3025 or Jordan.Adams@wylieisd.net . POC for the race is Becky Welch a m or Alicia Young a m. Check us out on Facebook or our web site: www.11twelchrunforourheroes.org Because Freedom Is Not Free . . . L�ess, OF I1r1,744 Wylie City Council * ' 4'' AGENDA REPORT V✓,COLOR�pO ? yMu fc Rzz./: 1887 e 44re OP T£o Meeting Date: February 12, 2013 Item Number: E. Division: Parks and Recreation (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: January 29, 2013 Budgeted Amount: Exhibits: 1 Subject Consider and act upon a Vendor Application request from the Wylie Baseball and Softball Association for vendors to sell items at Community Park on March 23, 2013. Recommendation Motion to recommend approval of the Vendor Application from the Wylie Baseball and Softball Association for vendors to sell items at Community Park on March 23, 2013. Discussion The Wylie Baseball and Softball Association is requesting approval for vendors to sell items at Community Park on March 23, 2013 as part of their opening ceremonies for the spring 2013 season. The Parks and Recreation Board at their Regular Meeting on January 28, 2013 approved the Wylie Baseball and Softball Association's request to allow vendors in Community Park as a part of their opening ceremonies for the spring 2013 season on March 23, 2013. Page 1 of 1 7 Pk\R \\I? IZi ( RI \ I It )\ CIi l OF Wl LI I 300 Country Club, Building 100,Wylie,TX 75098 i 972.516.6340 VENDOR REGISTRATION-Once approved by City Council vendor has 7 days to finalize event with Parks& Recreation facility staff.Recommended timeline for submission to Park Board is 3-4 months in advance of event. Refer to Cit of W lie Code of Ordinances Section 78-105, Parks and Recreation, Peddlin. and vendin• of articles Group, Organization, Individual, etc. Name Phone Number Li4- .. �(bk-k r\ aei..1 -- [ Address Alternate Phone Number City/State/Zip E-mail 1-WO - - (\11$ L_-._ ,. Contact Person Name Phone Number L ic- e.:: lac uaiL 1 [ Address Alternate Phone Number City/State/Zip E-mail 1)3 y\ - 1 Emergency Contact Name Phone Number Address Alternate Phone Number C. [ City/State/Zip E-mail Event Information ��E�ve�nt�Najm,Name t —U Type of Event Purpose of Event Location Proposed Event ate(s) 1 T list Number of IndividUals Vending Items Start Time End Time I a5 v I r \um - 1tytm l_� Yr\ Anticipated Number in Attendance Event Target Audience L- Iir baU. ppxe }S. lit Specific Items to be Sold `\\CU LQ., �. e \ ,„.6, � , y V YI (l- "s , � .,�'f 1 l.�al l-`p'-N- NOTE: ._�. If food is prepared on-site or off-site and brought to the location to be sold,the vendor must contact the City Inspections Office(972.516 6420)in order to obtain a Health Permit prior to the sale of such products An Inspector must examine the food preparation and food storage equipment to assure the health and safety of customers 4OFIrk, 0 Wylie City Council n i„��� e1 =rr t '`,:ex,..„),..7. AGENDA REPORT 1,,,, ��l'e OF TES Meeting Date: February 12, 2013 Item Number: 1. (City Secretary's Use Only) Department: City Manager Office Prepared By: Jeff Butters Account Code: Date Prepared: January 28, 2013 Budgeted Amount: NA Exhibits: 1 Subject Consider and act upon Ordinance No. 2013-07 of the City of Wylie, Texas, amending Ordinance No. 2012-27 (2012-2013 Budget) and approving an appropriation of funds in the amount of$55,000 to the Parks Building Fund budget and approving a deposit of$55,000 from the Wylie Advocates for Senior Activities (WASA) as revenues into the General Fund; Providing for a repealing, savings and severability clauses, and providing for an effective date of this ordinance. Recommendation Motion to approve Ordinance No. 2013-07 of the City of Wylie, Texas, amending Ordinance No. 2012-27 (2012-2013 Budget) and approving an appropriation of funds in the amount of$55,000 to the Parks Building Fund budget and approving a deposit of$55,000 from the Wylie Advocates for Senior Activities (WASA) as revenues into the General Fund; Providing for a repealing, savings and severability clauses, and providing for an effective date of this ordinance. Discussion The WASA board of directors voted to donate $55,000 to the City for the exclusive purpose of remodeling the former Smith Public Library for the use as a Wylie Senior Center. Page 1 of 1 ORDINANCE NO. 2013-07 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2012-27 (2012-2013 BUDGET) AND APPROVING AN APPROPRIATION OF FUNDS IN THE AMOUNT OF $55,000.00 TO THE PARKS BUILDING FUND BUDGET AND APPROVING A DEPOSIT OF $55,000 FROM THE WYLIE ADVOCATES FOR SENIOR ACTIVITES (WASA) AS REVENUE INTO THE GENERAL FUND; PROVIDING FOR A REPEALING, SAVINGS AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it will be beneficial and advantageous to the citizens of the City of Wylie, Texas ("Wylie") to amend Ordinance No. 2012-27 (2012-2013 Budget) for the purpose of remodeling the former Smith Public Library (800 Thomas St.) for use as a Wylie Senior Center; and WHEREAS, the WASA board of directors voted to grant to the City the sum of$55,000 for the exclusive purpose of remodeling the former Smith Public Library for the use as a Wylie Senior Center; and WHEREAS, the remodel design and construction documents are complete and ready to go out for bid when funding is available; and WHEREAS, the current Wylie Senior Program has become too large and well attended to be adequately served by the Community Center, the City desires to begin construction and complete as much of the remodel as possible. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 2012-27 (2012-2013 Budget). Ordinance No. 2012-27 (2012-2013 Budget) is hereby amended to allow for the following appropriation: "Fifty-Five Thousand dollars and 00/100 ($55,000) paid by WASA shall be deposited into Revenue Account 100-4000-48440 (Contributions and Donations.); and Fifty-five Thousand dollars and 00/100 ($55,000) shall be appropriated to Expense Account 100- 5511-58910 of the Parks Building Fund Budget. SECTION 3: Savings/ Repealing Clause. All provisions of any Ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being Ordinance No.2013-07 Amending 2012-13 Budget(Ordinance No.2012-27)—NCTCOG Grant Page 1 of 2 commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting Ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 12th day of February,2013. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Ordinance No.2013-07 Amending 2012-13 Budget(Ordinance No.2012-27)—NCTCOG Grant Page 2 of 2 4OFIrk, 0 Wylie City Council n i„��� e1 =fir t '` ec AGENDA REPORT 1,f,:..n11ur,Y T �"l'e OF TES Meeting Date: February 12, 2013 Item Number: 2. (City Secretary's Use Only) Department: City Manager Office Prepared By: Jeff Butters Account Code: Date Prepared: January 28, 2013 Budgeted Amount: NA Exhibits: Subject Consider and act upon, the appropriation of $25,000 from Acct. # 112-5615-58830 (4B Recreation, furniture and fixtures) to Acct. # 112-5615-58910 (4B Recreation, Buildings) for the purpose of helping to fund the remodel of the Former Library for use as a Wylie Senior Center. Recommendation Motion to appropriate of$25,000 from Acct. # 112-5615-58830 (4B Recreation, furniture and fixtures) to Acct. # 112-5615-58910 (4B Recreation, Buildings) for the purpose of helping to fund the remodel of the Former Library for use as a Wylie Senior Center. Discussion WASA has donated $55,000 for the purpose of remodeling the building formerly utilized as Smith Public Library, for use as a Wylie Senior Center. The current budget estimate for the remodel project is $80,000. This year's 4B budget contains funds for equipping, operating, and maintaining the building as a Wylie Senior Center. Approximately $98,000 was budgeted for non-salary items, furniture, fixtures, minor tools, utilities, janitor service, building maintenance, etc. Approximately $16,000 was budgeted in salaries for additional personnel and man-hours. Because the building will not be opened for at least six months of this budget year, there is plenty of room in the budget to transfer funds into the 4B Recreation building's account and utilize this funding for the purpose of the remodel. Page 1 of 1 Wylie City Council CITY OF WYLIE AGENDA REPORT q Meeting Date: February 12, 2012 Item Number: 3. Department: Fire (City Secretary's Use Only) Prepared By: Steve Seddig Account Code: N/A Date Prepared: 1/22/2013 Budgeted Amount: N/A Exhibits: 5 Subject Consider, and act upon Ordinance 2013-06 of the City of Wylie, Texas, repealing Ordinance No. 2012-33; adopting the 2012 edition of the International Fire Code, save and except the deletions and amendments set forth herein; amending Chapter 46, Article III (Fire Code) of the Wylie Code Of Ordinances; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. Recommendation Motion to approve Ordinance 2013-06 of the City of Wylie, Texas, repealing Ordinance No. 2012-33; adopting the 2012 edition of the International Fire Code, save and except the deletions and amendments set forth herein; amending Chapter 46, Article III (Fire Code) of the Wylie Code Of Ordinances; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. Discussion The Wylie Fire Depailiuent and the City of Wylie are currently an Insurance Services Office (ISO) Class One rated municipality. In an effort to maintain the current ISO rating and remain proactive in fire prevention, the Wylie Fire Prevention/Community Risk Reduction Division has been actively participating in the NCTCOG's Fire Advisory board meetings. The goal of the Fire Prevention/Community Risk Reduction Division is to maintain and prevent deficiencies in future ISO PPC ratings due to Fire Code, and remain current in relation to industry standard Fire Code. Based on past discussion with the Wylie Building Official, and the Prevention/Community Risk Reduction Division, this Code revision aligns the Fire Code with the current International Building Code (IBC) 2012 in affect now. The Wylie Fire Department requests this adoption of the 2012 International Fire Code NCTCOG regional amendments, Option B track. This provides for the best protection of life and property in Wylie from construction with the Building Code and maintenance over our occupancy's lifetime through this updated Fire Code. Page 1 of 1 ORDINANCE NO. 2013-06 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NO. 2012-33; ADOPTING THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE, SAVE AND EXCEPT THE DELETIONS AND AMENDMENTS SET FORTH HEREIN; AMENDING CHAPTER 46, ARTICLE III (FIRE CODE) OF THE WYLIE CODE OF ORDINANCES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to repeal Wylie Ordinance No. 2012-33; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to amend Chapter 46, Article III (Fire Code) of the Wylie Code of Ordinances; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to adopt the 2012 Edition of the International Fire Code, save and except the deletions and amendments set forth below (the "2012 International Fire Code"). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Repeal of Ordinance No. 2012-33. Ordinance No. 2012-33 is repealed in its entirety and replaced by this Ordinance. The effective date of the repeal discussed in this Section shall not occur until the effective date of this Ordinance at which time Ordinance No. 2012-33 shall be repealed. Such repeal shall not abate any pending prosecution and/or lawsuit or prevent any prosecution and/or lawsuit from being commenced for any violation of Ordinance No. 2012- 33 occurring before the effective date of this Ordinance. SECTION 3: Adoption of the 2012 International Fire Code. The International Fire Code, copyrighted by the International Code Council, Inc., is hereby adopted as the Fire Code, save and except the deletions and amendments set forth in Exhibit "A" attached hereto and incorporated herein for all purposes, and including Appendix "D" (the "International Fire Code"), prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 1 of 34 and explosion in the city. The 2012 International Fire Code is made a part of this Ordinance as if fully set forth herein. One (1) copy of the 2012 International Fire Code is on file in the office of the City Secretary of Wylie being marked and designated as the 2012 International Fire Code. SECTION 4: Conflicts. In the event of any conflict between the International Fire Code and the City of Wylie Water and Sanitary Sewer Design Manual, as amended, the provisions of the Water and Sanitary Sewer Design Manual shall control. SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. A reference in any ordinance to an earlier or different version of a fire code is hereby amended to refer to the 2012 International Fire Code as it is adopted herein or may be subsequently amended. However, to the extent there is any conflict between the International Fire Code and the City of Wylie Water and Sanitary Sewer Design Manual, as amended, the provisions in the Water and Sanitary Sewer Design Manual shall control. SECTION 6: Penalty Provision. Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation relates to fire safety, zoning or public health and sanitation, including dumping and refuse, in which the fine shall not exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 2 of 34 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 12th day of February, 2013. Eric Hogue, Mayor ATTESTED TO AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Date(s)of Publication:February 13,2013 in the Wylie News. Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 3 of 34 Exhibit "A" Amendments to the 2012 International Fire Code North Central Texas Council of Governments region The following sections, paragraphs, and sentences of the 2012 International Fire Code are hereby amended as follows: Standard type is text from the IFC. Underlined type is text inserted. Lined through type is deleted text from IFC.) Explanation of Options A, B, and C: Please note that as there is a wide range in fire fighting philosophies/capabilities of cities across the region, OPTIONS "A", "B", and "C" are provided in the Fire and Building Code amendments. The City of Wylie hereby adopts Option B. Section 102.1; change#3 to read as follows: 3. Existing structures, facilities and conditions when required in Chapter 11 or in specific sections of this code. (Reason: To clarify that there are other provisions in the fire code applicable to existing buildings that are not located in Chapter 11, such as Section 55 Premises Identification.) Section 102.7; change to read as follows: 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, when specifically adopted, and standards shall be considered 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 and any adopted amendments, the provisions of this code and any adopted amendments, as applicable, shall take precedence over the provisions in the referenced code or standard. (Reason: To be consistent with the State of Texas, other referenced codes must be specifically adopted) Section 105.3.3; change to read as follows: 105.3.3 Occupancy Prohibited before Approval. The building or structure shall not be occupied prior to the fire code official issuing a permit when required and conducting associated inspections indicating the applicable provisions of this code have been met. (Reason: For clarity to allow for better understanding in areas not requiring such permits, such as unincorporated areas of counties. This amendment may be struck by a city.) Section 105.7; add Section 105.7.17 to read as follows: Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 4 of 34 105.7.17 Smoke control or exhaust systems. Construction permits are required for smoke control or exhaust systems as specified in Section 909 and Section 910 respectively. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. (Reason: Section 105.7.17 adds construction permit requirements for smoke control and exhaust systems, which are required fire protection systems by Chapter 9 of the fire code to ensure proper design and installation of such systems. These changes reflect local practices of municipalities in this region.) Section 105.7; add Section 105.7.18 to read as follows: 105.7.16 Electronic access control systems. Construction permits are required for the installation or modification of an electronic access control system, as specified in Section 503 and Section 1008. A separate construction permit is required for the installation or modification of a fire alarm system that may be connected to the access control system. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. (Reason: Section 105.7.18 adds construction permit requirements for electronic access control systems for electric security gates and exit doors to ensure proper design and installation of such systems. These changes reflect local practices of municipalities in this region.) Section 202; amend and add definitions to read as follows: [B] AMBULATORY CARE FACILITY. Buildings or portions thereof used to provide medical, surgical, psychiatric, nursing, or similar care on a less than 24-hour basis to persons who are rendered incapable of self-preservation by the services provided. This group may include but not be limited to the following: - Dialysis centers - Sedation dentistry - Surgery centers - Colonic centers - Psychiatric centers (Reason: to clarify the range of uses included in the definition) [B]ATRIUM. An opening connecting two three or more stories... [remaining text unchanged] (Reason: Accepted practice in the region based on legacy codes. IBC Section 1009 permits unenclosed two story stairways under certain circumstances.) FIRE WATCH. A temporary measure intended to ensure continuous and systematic surveillance of a building or portion thereof by one or more qualified individuals or standby personnel when required by the fire code official, for the purposes of identifying and controlling fire hazards, detecting early signs of unwanted fire, raising an alarm of fire and notifying the fire department. (Reason: Clearly defines options to the fire department for providing a fire watch.) FIREWORKS. Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration, of detonation, and/or activated by ignition with a match or other heat producing device that meets the definition of 1.4G fireworks or 1.3G fireworks as set forth herein. ...{remainder of text unchanged)... Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 5 of 34 (Reason: Increased safety from fireworks related injuries.) Option A HIGH-PILED COMBUSTIBLE STORAGE: add a second paragraph to read as follows: Any building classified as a group S Occupancy or Speculative Building exceeding 12,000 sq.ft. that has a clear height in excess of 14 feet, making it possible to be used for storage in excess of 12 feet, shall be considered to be high-piled storage.. When a specific product cannot be identified, a fire protection system and life safety features shall be installed as for Class IV commodities, to the maximum pile height. Options B and C HIGH-PILED COMBUSTIBLE STORAGE: add a second paragraph to read as follows: Any building classified as a group S Occupancy or Speculative Building exceeding 6,000 sq.ft. that has a clear height in excess of 14 feet, making it possible to be used for storage in excess of 12 feet, shall be considered to be high-piled storage. When a specific product cannot be identified, a fire protection system and life safety features shall be installed as for Class IV commodities, to the maximum pile height. (Reason: To provide protection for worst-case scenario in flexible or unknown situations.) Option A HIGH-RISE BUILDING. {No Change Required} Options B and C HIGH-RISE BUILDING. A building with an occupied floor located more than 7-5 55 feet (22 860 16 764 mm)above the lowest level of fire department vehicle access. (Reason: To provide a definition that reflects regional practices.) REPAIR GARAGE. A building, structure or portion thereof used for servicing or repairing motor vehicles. This occupancy shall also include garages involved in minor repair, modification and servicing of motor vehicles for items such as lube changes, inspections, windshield repair or replacement, shocks, minor part replacement and other such minor repairs. (Reason: To further clarify types of service work allowed in a repair garage, as well as to correspond with definition in the IBC.) SELF-SERVICE STORAGE FACILITY. Real property designed and used for the purpose of renting or leasing individual storage spaces to customers for the purpose of storing and removing personal property on a self-service basis. (Reason: To provide a definition that does not exist in the code.) Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 6 of 34 STANDBY PERSONNEL. Qualified fire service personnel, approved by the Fire Chief. When utilized, the number required shall be as directed by the Fire Chief. Charges for utilization shall be as normally calculated by the jurisdiction. (Reason: To provide a definition that does not exist in the code.) Section 307.1.1; change to read as follows: 307.1.1 Prohibited open burning. Open burning shall be-kited that is offensive or objectionable because of smoke emissions or when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited. Exception: {No change.} (Reason: Maintains current local requirements based on legacy and 2009 IFC requirements.) Section 307.2; change to read as follows: 307.2 Permit required. A permit shall be obtained from the fire code official in accordance with Section 105.6 prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or open burning a bonfire. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled. Examples of state or local law, or regulations referenced elsewhere in this section may include but not be limited to the following: 1. Texas Commission on Environmental Quality guidelines and/or restrictions. 2. State, County, or Local temporary or permanent bans on open burning. 3. Local written policies as established by the fire code official. (Reason: Amendments to 307.2, 307.4, 307.4.3, and 307.5 better explain current requirements and recognize that jurisdictions have local established policies that best fit their environments.) Section 307.3; change to read as follows_ 307.3 Extinguishment authority. When ^ n burning ^ eater ^ adds to a hazardous situation required permit for open burning has not been obtaincd, the fire code official is authorized to order the extinguishment of the open burning operation. The fire code official is authorized to order the extinguishment by the permit holder, another person responsible or the fire department of open burning that creates or adds to a hazardous or objectionable situation. (Reason: Maintains current local requirements based on legacy and 2009 IFC requirements.) Section 307.4; change to read as follows_ 307.4 Location. The location for open burning shall not be less than 50 300 feet (15 240 91 440 mm) from any structure, and provisions shall be made to prevent the fire from spreading to within 50 300 feet (15 240 91 440 mm) of any structure. Exceptions: {No change.) (Reason: Amendments to 307.2, 307.4, 307.4.3 and 307.5 better explain current requirements and recognize that jurisdictions have local established policies that best fit their environments.) Section 307.4.3, Exceptions: add exception #2 to read as follows: Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 7 of 34 Exceptions: 2. Where buildings, balconies and decks are protected by an approved automatic sprinkler system. (Reason: Amendments to 307.2, 307.4, 307.4.3 and 307.5 better explain current requirements and recognize that jurisdictions have local established policies that best fit their environments.) Section 307.4.4 and 5; add section 307.4.4 and 307.4.5 to read as follows: 307.4.4 Permanent outdoor firepit. Permanently installed outdoor firepits for recreational fire purposes shall not be installed within 10 feet of a structure or combustible material. Exception: Permanently installed outdoor fireplaces constructed in accordance with the International Building Code. 307.4.5 Trench Burns. Trench burns shall be conducted in air curtain trenches and in accordance with Section 307.2. (Reason: Amendments to 307.2, 307.4, 307.4.3 and 307.5 better explain current requirements and recognize that jurisdictions have local established policies that best fit their environments.) Section 307.5; change to read as follows: 307.5 Attendance. Open burning, trench burns, bonfires, recreational fires, and use of potable outdoor fireplaces shall be constantly attended until the... (remainder of section unchanged) (Reason: Amendments to 307.2, 307.4, 307.4.3 and 307.5 better explain current requirements and recognize that jurisdictions have local established policies that best fit their environments.) Section 308.1.1; add sentence to read as follows: Unmanned free-floating devices containing an open flame or other heat source, such as but not limited to sky lanterns shall be prohibited. (Reason: Wildland and inherent fire risk presented by allowing an airborne open flame.) Section 308.1.4; change to read as follows: 308.1.4 Open-flame cooking devices. Open-flame cooking devices, charcoal grills and other similar devices used for cooking shall not be operated—located or used on combustible balconies, decks, or within 10 feet(3048 mm) of combustible construction. Exceptions: 1. One- and two-family dwellings, except that LP-gas containers are limited to a water capacity not greater than 50 pounds (22.68 kg) [nominal 20 pound (9.08 kg) LP-gas capacity] with an aggregate LP-gas capacity not to exceed 100 lbs (5 containers). 2. Where buildings, balconies and decks are protected by an approved automatic sprinkler system, except that LP-gas containers are limited to a water capacity not greater than 50 pounds (22.68 kg) [nominal 20 pound (9.08 kg) LP-gas capacity], with an aggregate LP-gas capacity not to exceed 40 lbs (2 containers). 3. {No change.} Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 8 of 34 (Reason: Decrease fire risk in multi-family dwellings and minimizes ignition sources and clarify allowable limits for 1 & 2 family dwellings, and allow an expansion for sprinklered multi-family uses. This amendment adds clarification and defines the container size allowed for residences.) Section 308.1.6.2, Exception#3; change to read as follows: Exceptions: 3. Torches or flame-producing devices in accordance with Section 308.4 308.1.3. (Reason: Section identified in published code is inappropriate.) Section 311.5; change to read as follows: 311.5 Placards. Any The fire code official is authorized to require marking of any vacant or abandoned buildings or structures determined to be unsafe pursuant to Section 110 of this code relating to structural or interior hazards, shall be marked as required by Section 311.5.1 through 311.5.5. (Reason: There may be situations where placarding is not desired or necessary; also clarifies intent that it is not the fire code official's responsibility to provide the placard.) Section 401.9; add Section 401.9 to read as follows: 401.9 False Alarms and Nuisance Alarms. False alarms and nuisance alarms shall not be given, signaled or transmitted or caused or permitted to be given, signaled or transmitted in any manner. (Reason: Places the responsibility on the business or property owner to maintain their fire alarm systems in approved condition. Allows the enforcement of`prohibition of false alarms". Replaces text lost from the 1997 Code.) Section 403.3; change Section 403.3 and add Sections 403.3.1 and 403.3.2 to read as follows: 403.3 Crowd managers. Trained crowd managers shall be provided for facilities or events where more than 1,000 250 or more persons congregate. The minimum number of crowd managers shall be established at a ratio of one crowd manager to every 250 persons. Where approved by the fire code official, the ratio of crowd managers shall be permitted to be reduced where the facility is equipped throughout with an approved automatic sprinkler system or based upon the nature of the event. Exceptions: 1. The number of crowd managers may be reduced by up to fifty percent when, in the opinion of the code official, the fire protection provided by the facility and the nature of the event warrant a reduction 2. Assembly occupancies used exclusively for religious worship with an occupant load not exceeding 1,000. 403.3.1 Training. Training for crowd managers shall be approved and shall be based upon a valid job task analysis. 403.3.2 Duties. The duties of crowd managers shall include: a. An inspection of the area of responsibility to identify and address any egress barriers b. An inspection of the area of responsibility to identify and mitigate any fire hazards Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 9 of 34 c. Ensure compliance with all permit conditions, including those governing pyrotechnics and other special effects d. To direct and assist the event attendees in evacuation during an emergency e. Assist emergency response personnel if requested. f. Other duties outlined by the Fire Code Official g. Other duties outlined in the Emergency Plan (Reason: The published code has no requirement for crowd managers until the occupant load in a public assembly reaches 1,000, then the code requires five trained crowd managers for an occupant load of 1001. Smaller venues sometimes place the public at greater risk than large ones for many reasons, including the fact that larger facilities have greater requirements for other fire protection features. The formatting change to place the potential reduction in the number of crowd managers in an exception is editorial; the exception was also changed to limit the reduction to half of the required number of crowd managers. The published code requires "trained crowd managers'; but doesn't provide any guidance or describe what that training should entail. This has been an ongoing issue for enforcement personnel.) Section 501.4; change to read as follows: 501.4 Timing of installation. When fire apparatus access roads or a water supply for fire protection is required to be installed for any structure or development, they shall be installed, tested, and approved prior to the time of which construction has progressed beyond completion of the foundation of any structure. , such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternative methods of protection are provided. Temporary street signs shall be installed at each street intersection when construction of new roadways allows passage by vehicles in accordance with Section 505.2. (Reason: Reflects current practice in the region relative to ensuring fire department and EMS access during construction, which can be a time of increased frequency for emergency incidents.) Section 503.1.1; add sentence to read as follows: Except for one- or two-family dwellings, the path of measurement shall be along a minimum of a ten feet (10')wide unobstructed pathway around the external walls of the structure. (Reason: Recognizes that the hose lay provision can only be measured along a pathway that is wide enough for fire fighter access.) Section 503.2.1; change to read as follows: 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 24 feet (6096 mm 7315 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (11 115 mm) 14 feet(4267 mm). Exception: Vertical clearance may be reduced; provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance when approved. (Reason: Amendments to 503.2.1 and 503.2.2 recognize that the equipment now used in firefighting is increasing in size. The code already recognizes that larger dimensions may be required under Section 503.2.2. The amendments are to standardize the dimensions for this area. With the increase in fire apparatus size, this will allow for the passage of two fire apparatus during a fire or EMS emergency.) Section 503.2.2; change to read as follows: Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 10 of 34 503.2.2 Authority. The fire code official shall have the authority to require an increase in the minimum access widths and vertical clearances where they are inadequate for fire or rescue operations. (Reason: Amendments to 503.2.1 and 503.2.2 recognize that the equipment now used in fire fighting is increasing in size. The code already recognizes that larger dimensions may be required under Section 503.2.2. The amendments are to standardize the dimensions for this area. With the increase in fire apparatus size, this will allow for the passage of two fire apparatus during a fire or EMS emergency.) Section 503.3; change to read as follows: 503.3 Marking. markings that include the words NO PARKING FIRE LANE Striping, signs, or other markings, when approved by the fire code official, shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated Striping, signs and other markings shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. (1) Striping—Fire apparatus access roads shall be continuously marked by painted lines of red traffic paint six inches (6") in width to show the boundaries of the lane. The words "NO PARKING FIRE LANE"or"FIRE LANE NO PARKING" shall appear in four inch (4")white letters at 25 feet intervals on the red border markings along both sides of the fire lanes. Where a curb is available, the striping shall be on the vertical face of the curb. (2) Signs — Signs shall read "NO PARKING FIRE LANE" or"FIRE LANE NO PARKING" and shall be 12" wide and 18" high. Signs shall be painted on a white background with letters and borders in red, using not less than 2" lettering. Signs shall be permanently affixed to a stationary post and the bottom of the sign shall be six feet, six inches (6'6") above finished grade. Signs shall be spaced not more than fifty feet (50') apart along both sides of the fire lane. Signs may be installed on permanent buildings or walls or as approved by the Fire Chief. (Reason:Establishes a standard method of marking and reflects local long-standing practices.) Section 503.4; change to read as follows: 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503.2.1 and any area marked as a fire lane as described in Section 503.3 shall be maintained at all times. (Reason: As originally worded, the section implied that vehicles could be parked in the marked fire lane and not be in violation if the minimum width is still maintained. Current accepted enforcement practice is to require the entire marked fire lane to be maintained clear and unobstructed.) Section 505.1; change to read as follows: 505.1 Address identification. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of/1 inches (101.6 mm) 6 inches (152.4 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road, buildings do not immediately front a street, and/or the building cannot be viewed from the public way, a monument, pole or other sign with approved 6 inch (152.4 mm) height building numerals or addresses and 4 inch (101.6 mm) height Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 11 of 34 suite/apartment numerals of a color contrasting with the background of the building or other approved means shall be used to identify the structure. Numerals or addresses shall be posted on a minimum 20 inch (508 mm) by 30 inch (762 mm) background on border. Address numbers shall be maintained. Exception: R-3 Single Family occupancies shall have approved numerals of a minimum 3 1/2 inches (88.9 mm) in height and a color contrasting with the background clearly visible and legible from the street fronting the property and rear alleyway where such alleyway exists. (Reason: To increase the minimum addressing requirements for commercial and establish a minimum for single-family residential.) Section 507.4; change to read as follows: 507.4 Water supply test date and information. The water supply test used for hydraulic calculation of fire protection systems shall be conducted in accordance with NFPA 291 "Recommended Practice for Fire Flow Testing and Marking of Hydrants" and within one year of sprinkler plan submittal. The fire code official shall be notified prior to the water supply test. Water supply tests shall be witnessed by the fire code official, as required or approved documentation of the test shall be provided to the fire code official prior to final approval of the water supply system. The exact location of the static/residual hydrant and the flow hydrant shall be indicated on the design drawings. All fire protection plan submittals shall be accompanied by a hard copy of the waterflow test report, or as approved by the fire code official. The report must indicate the dominant water tank level at the time of the test and the maximum and minimum operating levels of the tank, as well, or identify applicable water supply fluctuation. The licensed contractor must then design the fire protection system based on this fluctuation information, as per the applicable referenced NFPA standard. Reference Section 903.3.5 for additional design requirements. (Reason: Clarifies intent of the test to ensure contractor accounts for water supply fluctuations.) Section 507.5.4; change to read as follows: 507.5.4 Obstruction. Unobstructed access to fire hydrants shall be maintained at all times. Posts, fences, vehicles, growth, trash, storage and other materials or objects shall not be placed or kept near fire hydrants, fire department inlet connections or fire protection system control valves in a manner that would prevent such equipment or fire hydrants from being immediately discernible. The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants. (Reason: Maintains wording from 2006 Code to ensure these critical devices are available in an emergency incident.) Section 509.1.2; add new Section 509.1.2 to read as follows: 509.1.2 Sign Requirements. Unless more stringent requirements apply, lettering for signs required by this section shall have a minimum height of 2 inches (50.8 mm) when located inside a building and 4 inches (101.6 mm)when located outside, or as approved by the fire code official. The letters shall be of a color that contrasts with the background. (Reason:Provides direction as to appropriate sign criteria to develop consistency in this regard.) Section 603.3.2.1, Exception; change exception to read as follows: Exception: The aggregate capacity limit shall be permitted to be increased to 3,000 gallons (11,356 L) in accordance with all requirements of Chapter 57. of Class II or Ill liquid for storage in protected above ground tanks... {Delete remainder of Exception) (Reason: Change to Section 5704.2.9.5 is included in this amendment package.) Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 12 of 34 Section 603.3.2.2; change to read as follows: 603.3.2.2 Restricted use and connection. Tanks installed in accordance with Section 603.3.2 shall be used only to supply fuel oil to fuel-burning or generator equipment installed in accordance with Section 603.3.2.4. Connections between tanks and equipment supplied by such tanks shall be made using closed piping systems. (Reason: Relocate the exception to Chapter 57 for applicability to generator sets, due to contradictory charging statement in 603.1 to not apply to internal combustion engines. Further, such large quantities of combustible liquid are more thoroughly addressed in Chapter 57 relative to such tanks.) Section 604; change to read as follows: SECTION 604 EMERGENCY AND STANDBY POWER SYSTEMS 604.1 Installation. Emergency and standby power systems required by this code or the International Building Code shall be installed in accordance with this code, NFPA 110 and 111. Existing installations shall be maintained in accordance with the original approval, except as specified in Chapter 11. 604.1.1 Stationary generators. Stationary emergency and standby power generators required by this code shall be listed in accordance with UL 2200. 604.1.2 Critical Operations Power Systems (COPS). For Critical Operations Power Systems necessary to maintain continuous power supply to facilities or parts of facilities that require continuous operation for the reasons of public safety, emergency management, national security, or business continuity, see NFPA 70. 604.2 Where required. Emergency and standby power systems shall be provided where required by Sections 604.2.1 through 604.2.18/1 604.2.24 or elsewhere identified in this code or any other referenced code. 604.2.1 Emergency voice/alarm communications systems. Emergency power shall be provided for emergency voice/alarm communications systems in Group A the following occupancies, or as specified elsewhere in this code, in accordance with Section 907.5.2.2.5 907.2.1.1. Covered and Open Malls, Section 604.2.13 Group A occupancies, Sections 907.2.1.1 and 907.5.2.2.4. Special Amusement buildings, Section 907.2.12.3 High rise buildings, Section 907.2.13 Atriums, Section 907.2.14 Deep Underground buildings, Section 907.2.19 604.2.2 Smoke control systems. Standby power shall be provided for smoke control systems in the following occupancies, or as specified elsewhere in this code, in accordance with Section 909.11: Covered mall building, International Building Code, Section 404.5 Atriums, International Building Code, Section 404.7 Underground buildings, International Building Code, Section 405.5 Group 1-3, International Building Code, Section 408.9 Stages, International Building Code, Section 410.3.7.2 Special Amusement buildings (as applicable to Group A's), International Building Code, Section 411.1 Smoke protected seating, Section 1028.6.2.1 604.2.3 Exit signs. Emergency power shall be provided for exit signs in accordance with Section 1011.6.3. (90 minutes) 604.2.4 Means of egress illumination. Emergency power shall be provided for means of egress illumination in accordance with Section 1006.3. (90 minutes) 604.2.5 Accessible means of egress elevators. Standby power shall be provided for elevators that are part of an accessible means of egress in accordance with Section 1007.4. Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 13 of 34 604.2.6 Accessible means of egress platform lifts. Standby power in accordance with this section or ASME A18.1 shall be provided for platform lifts that are part of an accessible means of egress in accordance with Section 1007.5 604.2.7 Horizontal sliding doors. Standby power shall be provided for horizontal sliding doors in accordance with Section 1008.1.4.3. 604.2.8 Semiconductor fabrication facilities. Emergency power shall be provided for semiconductor fabrication facilities in accordance with Section 2703.15. 604.2.9 Membrane structures. Emergency power shall be provided for exit signs in temporary tents and membrane structures in accordance with Section 3103.12.6.1. (90 minutes) Standby power shall be provided for auxiliary inflation systems in permanent membrane structures in accordance with the International Building Code. (4 hours) 604.2.10 Hazardous materials. Emergency or standby power shall be provided in occupancies with hazardous materials in accordance with Section 5004.7 and 5005.1.5. 604.2.11 Highly toxic and toxic materials. Emergency power shall be provided for occupancies with highly toxic or toxic materials in accordance with Sections 6004.2.2.8 and 6004.3.4.2. 604.2 12 Organic peroxides. Standby power shall be provided for occupancies with organic peroxides in accordance with Section 6204.1.11. 604.2.13 Covered and open mall buildings. (no change). 604.2.14 High-rise buildings. (no change). 604.2.15 Underground buildings. (no change). 604.2.16 Group 1-3 occupancies. (no change). 604.2.17 Airport traffic control towers. (no change). 604.2.18 Elevators. (no change). 604.2.19 Smokeproof enclosures and Stair Pressurization Alternative. Standby power shall be provided for smokeproof enclosures, stair pressurization alternative and associated automatic fire detection systems as required by the International Building Code, Section 909.20.6.2. 604.2.20 Elevator pressurization. Standby power shall be provided for elevator pressurization system as required by the International Building Code, Section 909.21.5. 604.2.21 Elimination of Smoke Dampers in Shaft Penetrations. Standby power shall be provided when eliminating the smoke dampers in ducts penetrating shafts in accordance with the International Building Code, Section 717.5.3, exception 2.3. 604.2.22 Common exhaust systems for clothes dryers. Standby power shall be provided for common exhaust systems for clothes dryers located in multistory structures in accordance with the International Mechanical Code Section 504.8, item 7. 604.2.23 Hydrogen Cutoff Rooms. Standby power shall be provided for mechanical ventilation and gas detection systems of Hydrogen Cutoff Rooms in accordance with the International Building Code, Section 421.8. 604.2.24 Means of Egress Illumination in Existing Buildings. Emergency power shall be provided for means of egress illumination in accordance with Section 1104.5 and 1104.5.1 when required by the fire code official. (90 minutes in 1-2, 60 minutes elsewhere.) 604.3 Energy time duration. Unless a time limit is specified by the fire code official, in this chapter or elsewhere in this code, or in any other referenced code or standard, the emergency and standby power system shall be supplied with enough fuel or energy storage capacity for not less than 2-hour full-demand operation of the system. Exception: Where the system is supplied with natural gas from a utility provider and is approved. 604.3 4 Maintenance. (no change). 604.4 5 Operational inspection and testing. (no change). 604.5 6 Emergency lighting equipment. (no change). 604.6 7 Supervision of maintenance and testing. (no change). (Reason: These provisions provide a list to complete and match that throughout the codes. IBC Section 2702.13 "pyrophoric materials"no longer exists in IFC Section 604. The only new items are the reference to COPS in NFPA 70, and the specified Energy time duration. Other changes are a reference to a code provision that already exists.) Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 14 of 34 Section 704.1; change to read as follows: 704.1 Enclosure. Interior vertical shafts, including but not limited to stairways, elevator hoistways, service and utility shafts, that connect two or more stories of a building shall be enclosed or protected in accordance with the codes in effect at the time of construction but, regardless of when constructed, not less than as required in Chapter 11. New floor openings in existing buildings shall comply with the International Building Code. (Reason: Provides standard minimum protection retroactively, but clarifies that this section is not to be used to reduce higher protection levels that were required when originally constructed.) Section 807.4.3.2; change to read as follows: 807.4.3.2 Artwork. Artwork and teaching materials shall be limited on the walls of corridors to not more than 20 percent of the wall area and on the walls of classrooms to not more than 50 percent of each wall area. Such materials shall not be continuous from floor to ceiling or wall to wall. Curtains, draperies, wall hangings and other decorative material suspended from the walls or ceilings shall meet the flame propagation performance criteria of NFPA 701 in accordance with Section 807 or be noncombustible. Exception: Corridors protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 shall be limited to 50 percent of the wall area. (Reason: Consistent with regional practice. This change allows an increase in wall coverage due to the presence of sprinklers. Also provides additional guidance relative to acceptable amounts of artwork in classrooms.) Section 807.4.4.2; change to read as follows: 807.4.4.2 Artwork. Artwork and teaching materials shall be limited on the walls of corridors to not more than 20 percent of the wall area and on the walls of classrooms to not more than 50 percent of each wall area. Such materials shall not be continuous from floor to ceiling or wall to wall. Curtains, draperies, wall hangings and other decorative material suspended from the walls or ceilings shall meet the flame propagation performance criteria of NFPA 701 in accordance with Section 807 or be noncombustible. Exception: Corridors protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 shall be limited to 50 percent of the wall area. (Reason: Consistent with regional practice. This change allows an increase in wall coverage due to the presence of sprinklers. Also provides additional guidance relative to acceptable amounts of artwork in classrooms.) Section 901.4.3; change to read as follows: 901.4.3 Fire areas. {First part of section unchanged) ...determined in accordance with Section 707.3.910 of the International Building Code. (Reason: Incorrect section number is referenced in the published code as 707.3.9, which applies to mixed use occupancy separation, rather than fire area separation for sprinkler purposes.) Section 901.6.1; add Section 901.6.1.1 to read as follows: Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 15 of 34 901.6.1.1 Standpipe Testing. Building owners/managers must maintain and test standpipe systems as per NFPA 25 requirements. The following additional requirements shall be applied to the testing that is required every 5 years: 1. The piping between the Fire Department Connection (FDC) and the standpipe shall be backflushed when foreign material is present, and also hydrostatically tested for all FDC's on any type of standpipe system. Hydrostatic testing shall also be conducted in accordance with NFPA 25 requirements for the different types of standpipe systems. 2. For any manual (dry or wet) standpipe system not having an automatic water supply capable of flowing water through the standpipe, the tester shall connect hose from a fire hydrant or portable pumping system (as approved by the fire code official) to each FDC, and flow water through the standpipe system to the roof outlet to verify that each inlet connection functions properly. Confirm that there are no open hose valves prior to introducing water into a dry standpipe. There is no required pressure criteria at the outlet. Verify that check valves function properly and that there are no closed control valves on the system. 3. Any pressure relief, reducing, or control valves shall be tested in accordance with the requirements of NFPA 25.All hose valves shall be exercised. 4. If the FDC is not already provided with approved caps, the contractor shall install such caps for all FDC's as required by the fire code official. 5. Upon successful completion of standpipe test, place a blue tag (as per Texas Administrative Code, Fire Sprinkler Rules for Inspection, Test and Maintenance Service (ITM) Tag) at the bottom of each standpipe riser in the building. The tag shall be check-marked as "Fifth Year"for Type of ITM, and the note on the back of the tag shall read "5 Year Standpipe Test"at a minimum. 6. The procedures required by Texas Administrative Code Fire Sprinkler Rules with regard to Yellow Tags and Red Tags or any deficiencies noted during the testing, including the required notification of the local Authority Having Jurisdiction (fire code official)shall be followed. 7. Additionally, records of the testing shall be maintained by the owner and contractor, if applicable, as required by the State Rules mentioned above and NFPA 25. 8. Standpipe system tests where water will be flowed external to the building shall not be conducted during freezing conditions or during the day prior to expected night time freezing conditions. 9. Contact the fire code official for requests to remove existing fire hose from Class II and III standpipe systems where employees are not trained in the utilization of this firefighting equipment. All standpipe hose valves must remain in place and be provided with an approved cap and chain when approval is given to remove hose by the fire code official. (Reason: Increases the reliability of the fire protection system and re-emphasizes the requirements of NFPA 25 relative to standpipe systems, as well as ensuring that FDC connections are similarly tested/maintained to ensure operation in an emergency incident.) Section 901.7; change to read as follows: 901.7 Systems out of service. Where a required fire protection system is out of service or in the event of an excessive number of activations, the fire department and the fire code official shall be notified immediately and, where required by the fire code official, the building shall either be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shut down until the fire Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 16 of 34 protection system has been returned to service. ...{remaining text unchanged) (Reason: Gives fire code official more discretion. Requires adoption of definition amendment in Section 202 for fire watch.) Section 901.9; change Section 901.9 to read as follows: 901.9 Discontinuation or change of service. For fire alarm systems required to be monitored by this code, Notice shall be made to the fire code official whenever contracted alarm monitoring services for monitoring of any fire alarm system are terminated for any reason, or a change in alarm monitoring provider occurs. Notice shall be made in writing to the fire code official by the building owner and monitoring service provider prior to the service being terminated. (Reason: To ensure the property's monitored fire alarm system is maintained for proper notification of emergency response in the event of an emergency incident.) Section 903.1.1; change to read as follows: 903.1.1 Alternative protection. Alternative automatic fire-extinguishing systems complying with Section 904 shall be permitted in lieu of addition to automatic sprinkler protection where recognized by the applicable standard and, or as approved by the fire code official. (Reason: Such alternative systems do not provide the reliability of automatic sprinkler protection in general. An applicant could pursue an Alternate Method request to help mitigate the reliability issues with these alternative systems with the fire code official if so desired, or there may be circumstances in which the fire code official is acceptable to allowing an alternate system in lieu of sprinklers, such as kitchen hoods or paint booths. This also meets with local practices in the region.) Section 903.2; add paragraph to read as follows: Automatic Sprinklers shall not be installed in elevator machine rooms, elevator machine spaces, and elevator hoistways, other than pits where such sprinklers would not necessitate shunt trip requirements under any circumstances. Storage shall not be allowed within the elevator machine room. Signage shall be provided at the entry doors to the elevator machine room indicating "ELEVATOR MACHINERY — NO STORAGE ALLOWED." (Reason: Firefighter and public safety. This amendment eliminates the shunt trip requirement of the International Building Code Section 3006.5 for the purpose of elevator passenger and firefighter safety. This amendment is contingent on the Building Code amendment eliminating the Exceptions to Section 3006.4, such that passive fire barriers for these areas are maintained. This also meets with local practices in the region.) Section 903.2; delete the exception. (Reason: The exception deletion is due to the fact that such telecom areas pose an undue fire risk to the structural integrity of the building. This also meets with local practices in the region.) Options A and B Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 17 of 34 Section 903.2.1.2; No Change. Option C Section 903.2.1.2; change to read as follows: 903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for Group A-2 occupancies where one of the following conditions exists: 1. The fire area exceeds 5,000 4.000 square feet(464-139 m2). 2. The fire area has an occupant load of 400 50 or more. 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies. (Reason: Increased fire frequency and severity in A-2 occupancies in recent years, including multi-fire fatalities in nightclub and restaurant fires, etc.) Section 903.2.9; add Section 903.2.9.3 to read as follows: 903.2.9.3 Self-service storage facility. An automatic sprinkler system shall be installed throughout all self-service storage facilities. Exception: One-story self-service storage facilities that have no interior corridors, with a one-hour fire barrier separation wall installed between every storage compartment. (Reason: Fire departments are unable to inspect these commercial occupancies and are unaware of the contents being stored. This also meets with local practices in the region.) Option A Section 903.2.11; change 903.2.11.3 and add 903.2.11.7, and 903.2.11.8, as follows: 903.2.11.3 Buildings 55 feet or more in height. An automatic sprinkler system shall be installed throughout buildings with a floor level, other than penthouses in compliance with Section 1509 of the International Building Code, having an occupant load of 30 or more that is located 55 feet (16 764 mm) or more above the lowest level of fire department vehicle access. Exceptions: 1. Airport control towers. 2—Open parking structures in compliance with Section 406.5 of the International Building Code. 3. Occupancies in Group F-2. 903.2.11.7 High-Piled Combustible Storage. For any building with a clear height exceeding 12 feet (4572 mm), see Chapter 32 to determine if those provisions apply. 903.2.11.8 Spray Booths and Rooms. New and existing spray booths and spraying rooms shall be Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 18 of 34 Iprotected by an approved automatic fire-extinguishing system. I Option B Section 903.2.11; change 903.2.11.3 and add 903.2.11.7, 903.2.11.8, and 903.2.11.9 as follows: 903.2.11.3 Buildings 55 35 feet or more in height. An automatic sprinkler system shall be installed throughout buildings with a floor level, other than penthouses in compliance with Section 1509 of the International Building Code, having an occupant load of 30 or more that is located 55 35 feet (16 76/1 10 668 mm)or more above the lowest level of fire department vehicle access. Exceptions: 1. Airport control towers. 2—Open parking structures in compliance with Section 406.5 of the International Building Code. 3. Occupancies in Group F 2. 903.2.11.7 High-Piled Combustible Storage. For any building with a clear height exceeding 12 feet (4572 mm), see Chapter 32 to determine if those provisions apply. 903.2.11.8 Spray Booths and Rooms. New and existing spray booths and spraying rooms shall be protected by an approved automatic fire-extinguishing system. 903.2.11.9 Buildings Over 6,000 sq.ft. An automatic sprinkler system shall be installed throughout all buildings with a building area 6,000 sq.ft. or greater and in all existing buildings that are enlarged to be 6,000 sq. ft. or greater. For the purpose of this provision, fire walls shall not define separate buildings. Exception: Open parking garages in compliance with Section 406.5 of the International Building Code. Option C Section 903.2.11; change 903.2.11.3 and add 903.2.11.7, 903.2.11.8, 903.2.11.9, and 903.2.11.10 as follows: 903.2.11.3 Buildings 55 35 feet or more in height. An automatic sprinkler system shall be installed throughout buildings with a floor level, other than penthouses in compliance with Section 1509 of the International Building Code, having an occupant load of 30 or more that is located 55 35 feet (16 76'1 10 668mm) or more above the lowest level of fire department vehicle access. Exceptions: 1. Airport control towers. 2—Open parking structures in compliance with Section 406.5 of the International Building Code. 3. Occupancies in Group F 2. Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 19 of 34 903.2.11.7 High-Piled Combustible Storage. For any building with a clear height exceeding 12 feet {4572 mm), see Chapter 32 to determine if those provisions apply. 903.2.11.8 Spray Booths and Rooms. New and existing spray booths and spraying rooms shall be protected by an approved automatic fire-extinguishing system. 903.2.11.9 Buildings Over 4,000 sq.ft. An automatic sprinkler system shall be installed throughout all buildings with a building area 4,000 sq.ft. or greater and in all existing buildings that are enlarged to be 4,000 sq. ft. or greater. For the purpose of this provision, fire walls shall not define separate buildings. Exception: Open parking garages in compliance with Section 406.5 of the International Building Code. 903.2.11.10 Expanded tenant spaces. Fire sprinklers shall be installed in all tenant spaces where the total fire area is 4,000 sq. ft. or greater. For the purpose of this provision, fire walls and/or fire barriers shall not be used to separate single tenant fire areas. (Reason:Reflects regional practices.) Section 903.3.1.1.1; change to read as follows: 903.3.1.1.1 Exempt locations. When approved by the fire code official, automatic sprinklers shall not be required in the following rooms or areas where such ...(text unchanged)... because it is damp, of fire- resistance-rated construction or contains electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the code official. 3. Generator and transformer rooms, under the direct control of a public utility, separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire- resistance rating of not less than 2 hours. 4. In rooms or areas that are of noncombustible construction with wholly noncombustible contents. 5. Fire service access Elevator machine rooms, and machinery spaces, and hoistways, other than pits where such sprinklers would not necessitate shunt trip requirements under any circumstances. 6. {Delete.} (Reason: Gives more direction to code official. Exception 4 deleted to provide protection where fire risks are poorly addressed. Amendment 903.2 addresses Exception 5 above relative to the elimination of sprinkler protection in these areas to avoid the shunt trip requirement.) Section 903.3.1.2.2; add section to read as follows: Section 903.3.1.2.2 Attics, Open Breezeways, and Attached Garages. Sprinkler protection is required in attic spaces of such buildings two or more stories in height, open breezeways, and attached garages. (Reason: Open breezeways already require sprinkler protection in Section 1026.6, Exception 4. Attic protection is required in accordance with existing regional practice and issues with fire exposure via soffit vents, as well as firefighter safety. Attached garages already require sprinkler via NFPA 13R — re- Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 20 of 34 emphasis.) Section 903.3.1.3; change to read as follows: 903.3.1.3 NFPA 13D sprinkler systems. Automatic sprinkler systems installed in one- and two-family dwellings, Group R-3 and R-4 congregate living facilities and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D or in accordance with state law. (Reason: To allow the use of the Plumbing section of the IRC and recognize current state stipulations in this regard.) Section 903.3.5; add a second paragraph to read as follows: Water supply as required for such systems shall be provided in conformance with the supply requirements of the respective standards; however, every fire protection system shall be designed with a 10 psi safety factor. Reference Section 507.4 for additional design requirements. (Reason: To define uniform safety factor.) Section 903.4; add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. (Reason: To avoid significant water losses. Consistent with amendment to IFC 905.9.) Section 903.4.2; add second paragraph to read as follows: The alarm device required on the exterior of the building shall be a weatherproof horn/strobe notification appliance with a minimum 75 candela strobe rating, installed as close as practicable to the fire department connection. (Reason: Fire department connections are not always located at the riser; this allows the fire department faster access.) Section 905.2; change to read as follows: 905.2 Installation standard. Standpipe systems shall be installed in accordance with this section and NFPA 14. Manual dry standpipe systems shall be supervised with a minimum of 10 psig and a maximum of 40 psig air pressure with a high/low alarm. (Reason: To define manual dry standpipe supervision requirements. Helps ensure the integrity of the standpipe system via supervision, such that open hose valves will result in a supervisory low air alarm.) Section 905.3; add Section 905.3.9 and exception to read as follows: 905.3.9 Building area. In buildings exceeding 10,000 square feet in area per story, Class I automatic wet Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 21 of 34 or manual wet standpipes shall be provided where any portion of the building's interior area is more than 200 feet (60960 mm)of travel, vertically and horizontally, from the nearest point of fire department vehicle access. Exception: Automatic dry and semi-automatic dry standpipes are allowed as provided for in NFPA 14. (Reason:Allows for the rapid deployment of hoselines to the body of the fire.) Section 905.4, item 5; change to read as follows: 5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3-percent slope), each standpipe shall be provided with a two-way a-hose connection shall be located to serve the roof or at the highest landing of a stairway with stair access to the roof provided in accordance with Section 1009.16. An additional hose connection shall be provided at the top of the most hydraulically remote standpipe for testing purposes. (Reason: Reduces the amount of pressure required to facilitate testing, and provides backup protection for fire fighter safety.) Section 905.4; add the following item 7: 7. When required by this Chapter, standpipe connections shall be placed adjacent to all required exits to the structure and at two hundred feet (200') intervals along major corridors thereafter, or as otherwise approved by the fire code official. (Reason:Allows for the rapid deployment of hoselines to the body of the fire.) Section 905.9; add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. (Reason: To avoid significant water losses. Consistent with amendment to 1FC 903.4.) Section 907.1; add Section 907.1.4 to read as follows: 907.1.4 Design standards. All alarm systems new or replacement shall be addressable. Alarm systems serving more than 20 smoke detectors shall be analog addressable. Exception: Existing systems need not comply unless the total building remodel or expansion initiated after the effective date of this code, as adopted, exceeds 30% of the building. When cumulative building remodel or expansion exceeds 50% of the building must comply within 18 months of permit application. (Reason: Consistent with local practice and emerging technology. Reduces need for panel replacement in the future.) Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 22 of 34 Section 907.2.1; change to read as follows: 907.2.1 Group A. A manual fire alarm system that activates the occupant notification system in accordance with new Section 907.6 shall be installed in Group A occupancies wherc the having an occupant load due to the assembly occupancy is of 300 or more persons or more than 100 persons above or below the lowest level of exit discharge. Group A occupancies not separated from one another in accordance with Section 707.3.9 of the International Building Code shall be considered as a single occupancy for the purposes of applying this section. Portions of Group E occupancies occupied for assembly purposes shall be provided with a fire alarm system as required for the Group E occupancy. Exception: {No change.} Activation of fire alarm notification appliances shall: 1. Cause illumination of the means of egress with light of not less than 1 foot-candle (11 lux) at the walking surface level, and 2. Stop any conflicting or confusing sounds and visual distractions. (Reason: Increases the requirement to be consistent with Group B requirement. Also addresses issue found in Group A occupancies of reduced lighting levels and other A/V equipment that distracts from fire alarm notification devices. Also reflects regional practice.) Section 907.2.3; change to read as follows: 907.2.3 Group E. A manual fire alarm system that initiates the occupant notification signal utilizing an emergency voice/alarm communication system meeting the requirements of Section 907.5.2.2 and installed in accordance with Section 907.6 shall be installed in Group E educational occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in Group E day care occupancies. Unless separated by a minimum of 100' open space, all buildings, whether portable buildings or the main building, will be considered one building for alarm occupant load consideration and interconnection of alarm systems. (Reason: To distinguish educational from day care occupancy minimum protection requirements. Further, to define threshold at which portable buildings are considered a separate building for the purposes of alarm systems.) Section 907.2.3; change exception 1. to read as follows: Exceptions: 1. A manual fire alarm system is not required in Group E educational and day care occupancies with an occupant load of less than 30 or Ica., when provided with an approved automatic sprinkler system. 1.1. Residential In-Home day care with not more than 12 children may use interconnected single station detectors in all habitable rooms. (For care of more than five children 2 1/2 or less years of age, see Section 907.2.6.) (Reason: Consistent with Texas State laws concerning day care facility requirements.) Section 907.2.13, Exception 3; change to read as follows: 3. Open air portions of buildings with an occupancy in Group A-5 in accordance with Section 303.1 of Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 23 of 34 the International Building Code; however, this exception does not apply to accessory uses including but not limited to sky boxes, restaurants and similarly enclosed areas. (Reason: To indicate that enclosed areas within open air seating type occupancies are not exempted from automatic fire alarm system requirements.) Section 907.4.2; add Section 907.4.2.7 to read as follows: 907.4.2.7 Type. Manual alarm initiating devices shall be an approved double action type. (Reason:Helps to reduce false alarms. Consistent with regional requirements.) Section 907.6.1; add Section 907.6.1.1 to read as follows: 907.6.1.1 Wiring Installation. All fire alarm systems shall be installed in such a manner that a failure of any single initiating device or single open in an initiating circuit conductor will not interfere with the normal operation of other such devices. All signaling line circuits (SLC) shall be installed in such a way that a single open will not interfere with the operation of any addressable devices (Class A). Outgoing and return SLC conductors shall be installed in accordance with NFPA 72 requirements for Class A circuits and shall have a minimum of four feet separation horizontal and one foot vertical between supply and return circuit conductors. The initiating device circuit (IDC) from an addressable input (monitor) module may be wired Class B, provided the distance from the addressable module to the initiating device is ten feet or less. (Reason: To provide uniformity in system specifications and guidance to design engineers. Improves reliability of fire alarm devices and systems.) Section 907.6.5; add Section 907.6.5.3 to read as follows: 907.6.5.3 Communication requirements. All alarm systems, new or replacement, shall transmit alarm, supervisory and trouble signals descriptively to the approved central station, remote supervisory station or proprietary supervising station as defined in NFPA 72, with the correct device designation and location of addressable device identification. Alarms shall not be permitted to be transmitted as a General Alarm or Zone condition. (Reason: To assist responding personnel in locating the emergency event.) Section 910.1; change Exception 2 to read as follows: 2. Where areas of buildings are equipped with early suppression fast-response (ESFR) sprinklers, automatic only manual smoke and heat vents or manually activated engineered mechanical smoke exhaust systems shall not be required within these areas. Automatic smoke and heat vents are prohibited. (Reason: Allows the fire department to control the smoke and heat during and after a fire event. Also gives an alternative to smoke and heat vents.) Section 910.2; add subsections 910.2.3 with exceptions and 910.2.4 to read as follows: Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 24 of 34 910.2.3 Group H. Buildings and portions thereof used as a Group H occupancy as follows: 1. In occupancies classified as Group H-2 or H-3, any of which are more than 15,000 square feet (1394 m2) in single floor area. Exception: Buildings of noncombustible construction containing only noncombustible materials. 2. In areas of buildings in Group H used for storing Class 2, 3, and 4 liquid and solid oxidizers, Class 1 and unclassified detonable organic peroxides, Class 3 and 4 unstable (reactive) materials, or Class 2 or 3 water-reactive materials as required for a high-hazard commodity classification. Exception: Buildings of noncombustible construction containing only noncombustible materials. (Reason: Maintains a fire protection device utilized in such occupancies where it is sometimes necessary to allow chemicals to burn out, rather than extinguish.) Table 910.3; Change the title of the first row of the table from "Group F-1 and S-1" to include "Group H" and to read as follows: Group H F-1 and S-1 (Reason: Consistency with the amendment 910.2.4 to include Group H.) Section 910.3; replace Sections 910.3.1 through 910.3.3, and add second paragraph to Section 910.3.2.2 as follows: 910.3.1 Design. Smoke and heat vents shall be listed and labeled to indicate compliance with UL 793. 910.3.2 Vent operation. Smoke and heat vents shall be capable of being operated by approved automatic and manual means. Automatic operation of smoke and heat vents shall conform to the provisions of Sections 910.3.2.1 through 910.3.2.3. 910.3.2.1 Gravity-operated drop out vents. Automatic smoke and heat vents containing heat- sensitive glazing designed to shrink and drop out of the vent opening when exposed to fire shall fully open within 5 minutes after the vent cavity is exposed to a simulated fire represented by a time-temperature gradient that reaches an air temperature of 500°F(260°C)within 5 minutes. 910.3.2.2 Sprinklered buildings. Where installed in buildings equipped with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatically. The automatic operating mechanism of the smoke and heat vents shall operate at a temperature rating at least 100 degrees F (approximately 38 degrees Celsius) greater than the temperature rating of the sprinklers installed. 910.3.2.3 Nonsprinklered buildings. Where installed in buildings not equipped with an approved automatic sprinkler system, smoke and heat vents shall operate automatically by actuation of a heat-responsive device rated at between 100°F (56°C)and 220°F (122°C) above ambient. Exception: Gravity-operated drop out vents complying with Section 910.3.2.1. 910.3.3 Vent dimensions. The effective venting area shall not be less than 16 square feet (1.5 m2) with no dimension less than 4 feet (1219 mm), excluding ribs or gutters having a total width not exceeding 6 inches (152 mm). (Reason: Errata — see ICC website for more information - Replaces text from the 2009 IFC that was accidentally lost/left out of the 2012 edition first printing, as exemplified by the Section number skipping. Amendment to Section 910.3.2.2 specifies a temperature range at which smoke and heat vents should activate in sprinklered buildings to ensure that the sprinkler system has an opportunity to activate and control the fire prior to vent operation.) Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 25 of 34 Section 912.2; add Section 912.2.3 to read as follows: 912.2.3 Hydrant distance. An approved fire hydrant shall be located within 100 feet of the fire department connection as the fire hose lays along an unobstructed path. (Reason: Consistent with regional practices.) Section 913.1; add second paragraph and exception to read as follows: When located on the ground level at an exterior wall, the fire pump room shall be provided with an exterior fire department access door that is not less than 3 ft. in width and 6 ft. -8 in. in height, regardless of any interior doors that are provided. A key box shall be provided at this door, as required by Section 506.1. Exception: When it is necessary to locate the fire pump room on other levels or not at an exterior wall, the corridor leading to the fire pump room access from the exterior of the building shall be provided with equivalent fire resistance as that required for the pump room, or as approved by the fire code official. Access keys shall be provided in the key box as required by Section 506.1. (Reason: This requirement allows fire fighters safer access to the fire pump room. The requirement allows access without being required to enter the building and locate the fire pump room interior access door during a fire event. The exception recognizes that this will not always be a feasible design scenario for some buildings, and as such, provides an acceptable alternative to protect the pathway to the fire pump room.) Chapter 10: Sections 1001 through 1029; replace all references to "fire code official" with "building official". (Reason: Past regional practice and legacy language has always referenced the `building official"as the authority over Chapter 10 issues, except for the maintenance of the means of egress section. The 2012 edition of the IBC references `building official"in these sections, but references "fire code official"in the 2012 IFC, providing for a direct contradiction when both codes are adopted.) Section 1004.1.2; delete exception: 1004.1.2 Areas without fixed seating. The number of occupants shall be computed at the rate of one occupant per unit of area as prescribed in Table 1004.1.2. For areas without fixed seating, the occupant load shall not be less than that number determined by dividing the floor area under consideration by the occupant load factor assigned to the function of the space as set forth in Table 1004.1.2. Where an intended function is not listed in Table 1004.1.2, the fire code building official shall establish a function based on a listed function that most nearly resembles the intended function. ExGeptionWhere-appreved-by-the-fire-c-ede-offic-41the-actual-n-umber-ef-oGGu-pants-fef-whom ch occupicd space, floor or building is designed, although less than those determined by calculation, shall be permitted to be used in the determination of the design occupant load. (Reason: Authority having jurisdiction (AHJ) already has this authority. Technical substantiation is required to support deviation from table values.) Section 1007.1; add the following Exception 4: Exceptions: (previous exceptions unchanged) Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 26 of 34 4. Buildings regulated under State Law and built in accordance with State registered plans, including any variances or waivers granted by the State, shall be deemed to be in compliance with the requirements of Section 1007. (Reason: To accommodate buildings regulated under Texas State Law and to be consistent with amendments to Chapter 11.) Section 1007.5; Platform lifts, amend to read as follows: 1007.5 Platform lifts. Platform (wheelchair) lifts . . . required accessible route in Section 1109.7 8, Items 1 through 9 10. Standby power . . {remainder unchanged} (Reason:Editorial.) Section 1008.1.9.4; amend exceptions 3 and 4 as follows: Exceptions: {previous exceptions unchanged) 3. Where a pair of doors serves an occupant load of less than 50 persons in a Group B, F, M or S Occupancy, {Remainder unchanged) 4. Where a pair of doors serves a Group A B, F, M or S occupancy, {Remainder unchanged) (Reason: Application to M occupancies reflects regional practice; No. 4 expanded to Group A due to it being a similar scenario to other uses; No. 4 was regional practice.) Section 1008.1.9.9; change to read as follows: 1008.1.9.9 Electromagnetically locked egress doors. Doors in the means of egress in buildings with an occupancy in Group A, B, E, I-1, 1-2, M, R-1 or R-2 and doors to tenant spaces in Group A, B, E, I-1, I- 2, M, R-1 or R-2 shall be permitted to be electromagnetically locked if equipped with listed hardware that incorporates a built-in switch and meet the requirements below: {remaining text unchanged) (Reason: Regional practice to permit such locks due to the presence of trained staff.) Section 1015; add new section 1015.7 to read as follows: 1015.7 Electrical Rooms. For electrical rooms, special exiting requirements may apply. Reference the electrical code as adopted. (Reason: Cross reference necessary for coordination.) Section 1016; add new section 1016.2.2 to read as follows: 1016.2.2 Group F-1 and S-1 increase. The maximum exit access travel distance shall be 400 feet (122 m) in Group F-1 or S-1 occupancies where all of the following are met: 1. The portion of the building classified as Group F-1 or S-1 is limited to one story in height; 2. The minimum height from the finished floor to the bottom of the ceiling or roof slab or deck is 24 feet(7315 mm); and 3. The building is equipped throughout with an automatic fire sprinkler system in accordance with Section 903.3.1.1. (Reason: Past regional practice allowed smoke and heat vents to be utilized to increase travel distance, which resulted in problems when utilizing ESFR systems. This amendment adopts wording from the upcoming 2015 IBC, which has been approved by final action via the ICC code development process but is not yet published.) Section 1018.1; add exception 6 to read as follows: Exceptions: {previous exceptions unchanged) Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 27 of 34 6. In Group B office buildings, corridor walls and ceilings within single tenant spaces need not be of fire- resistive construction when the tenant space corridor is provided with system smoke detectors tied to an approved automatic fire alarm. The actuation of any detector shall activate alarms audible in all areas served by the corridor. (Reason: To reduce redundant requirements in a single tenant situation. Intended to be consistent with regional amendment to IFC.) Section 1018.6; amend to read as follows: 1018.6, Corridor Continuity. €i- sistanc-e ted All corridors shall be continuous from the point of entry to an exit, and shall not be interrupted by intervening rooms. {Remainder unchanged} {Exception unchanged} (Reason: Once in corridor, corridor should not be interrupted or discontinuous.) Section 1026.6; amend exception 4 to read as follows: Exceptions: {previous exceptions unchanged) 4. Separation from the interior open-ended corridors of the building... {remaining text unchanged] (Reason: To clarify that Section 1022.7, i.e., the 180 degree rule is applicable; and is further reinforced by new Exception 4.4.) Section 1028.1.1.1; delete. (Reason: Unenforceable.) Section 1029.1; amend to read as follows: 1029.1 General. In addition to the means of egress required by this chapter, provisions shall be made for emergency escape and rescue openings in Group R and I-1 Group R 2 occupancies in accordancc with Tables 1021 2(1) and 1021 7M1 and Group R_3 occupancies. {Remainder unchanged} Exceptions: {Exceptions 1 through 3 unchanged.} 4. In other than Group R-3 occupancies, buildings equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2. (Reason: Maintains legacy language to ensure egress from residential type occupancies and maintain exception for residential occupancies where an NFPA 13 or 13R sprinkler system is installed, but not for a 13D system.) Section 1030.2; change to read as follows: 1030.2 Reliability. Required exit accesses, exits and exit discharges shall be continuously maintained free from obstructions or impediments to full instant use in the case of fire or other emergency whcn the building area served by the means of egress is occupied. An exit or exit passageway shall not be used for any purpose that interferes with a means of egress. (Reason: Maintain legacy levels of protection and long-standing regional practice, and provide firefighter safety.) Section 1103.3; add sentence to end of paragraph as follows: Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 28 of 34 Provide emergency signage as required by Section 607.2. (Reason: Coordinates requirements of previous amendment.) Section 1103.5; add Section 1103.5.3 to read as follows: 1103.5.3 Spray booths and rooms. Existing spray booths and spray rooms shall be protected by an approved automatic fire-extinguishing system in accordance with Section 2404. (Reason: Consistent with amendment to IFC 2404, regional practice, and long-standing regional requirement..) Section 2304.1; change to read as follows: 2304.1 Supervision of dispensing. The dispensing of fuel at motor fuel-dispensing facilities shall be conducted by a qualified attendant or shall be under the supervision of a qualified attendant at all times or shall-be in accordance with Section 2201.3. the following: 1. Conducted by a qualified attendant; and/or, 2. Shall be under the supervision of a qualified attendant; and/or 3. Shall be an unattended self-service facility in accordance with Section 2304.3. At any time the qualified attendant of item Number 1 or 2 above is not present, such operations shall be considered as an unattended self-service facility and shall also comply with Section 2304.3. (Reason:Allows a facility to apply the attended and unattended requirements of the code when both are potentially applicable.) Section 2401.2; delete this section. (Reason: This section eliminates such booths from all compliance with Chapter 15 including, but not limited to: size, ventilation, fire protection, construction, etc. If the product utilized is changed to a more flammable substance, the lack of compliance with Chapter 15 could result in significant fire or deflagration and subsequent life safety hazard.) Table 3206.2, footnote j; change text to read as follows: j. Not required when storage areas are protected by Where areas of buildings are equipped with early suppression fast-response (ESFR) sprinkler systems installed in accordance with NFPA 13 sprinklers, manual smoke and heat vents or manually activated engineered mechanical smoke exhaust systems shall be required within these areas. (Reason: Allows the fire department to control the smoke and heat during and after a fire event, while ensuring proper operation of the sprinkler protection provided. Also, gives an alternative to smoke and heat vents.) Section 3310.1; add sentence to end of paragraph to read as follows: Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 29 of 34 When fire apparatus access roads are required to be installed for any structure or development, they shall be approved prior to the time of which construction has progressed beyond completion of the foundation of any structure. (Reason:Reference requirement of Section 501.4.) Section 5601.1.3; change to read as follows: 5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited. Exceptions: 1. Only when approved for fireworks displays, Sstorage and handling of fireworks as allowed in Section 5604 and 5608. 2. Manufacture, assembly and testing of fireworks as allowed in Section 5605. 22. The use of fireworks for approved fireworks displays as allowed in Section 5608. 4. The po-sc"lion, storage, sale... {Delete remainder of text.) (Reason: Restricts fireworks to approved displays only, which is consistent with regional practice.) Section 5703.6; add a sentence to read as follows: 5703.6 Piping systems. Piping systems, and their component parts, for flammable and combustible liquids shall be in accordance with Sections 5703.6.1 through 5703.6.11. An approved method of secondary containment shall be provided for underground tank and piping systems. (Reason: Increased protection in response to underground leak problems and remediation difficulty in underground applications. Maintains long-standing regional practice.) Section 5704.2.9.5; change Section 5704.2.9.5 and add Section 5704.2.9.5.3 to read as follows: 5704.2.9.5 Above-ground tanks inside of buildings. Above-ground tanks inside of buildings shall comply with Section 5704.2.9.5.1 and 5704.2.9.5.2 through 5704.2.9.5.3. 5704.2.9.5.1 {No change.) 5704.2.9.5.2 {No change.} 5704.2.9.5.3 Combustible liquid storage tanks inside of buildings. The maximum aggregate allowable quantity limit shall be 3,000 gallons (11 356 L) of Class II or Ill combustible liquid for storage in protected aboveground tanks complying with Section 5704.2.9.7 when all of the following conditions are met: 1. The entire 3,000 gallon (11 356 L)quantity shall be stored in protected above-ground tanks; 2. The 3,000 gallon (11 356 L) capacity shall be permitted to be stored in a single tank or multiple smaller tanks; 3. The tanks shall be located in a room protected by an automatic sprinkler system complying with Section 903.3.1.1; and Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 30 of 34 4. Tanks shall be connected to fuel-burning equipment, including generators, utilizing an approved closed piping system. The quantity of combustible liquid stored in tanks complying with this section shall not be counted towards the maximum allowable quantity set forth in Table 5003.1.1(1), and such tanks shall not be required to be located in a control area. Such tanks shall not be located more than two stories below grade. (Reason: Relocated from exception to 603.3.2.1 as published, as per reason statement for deletion in that section. Maintains consistency with current regional requirements relative to interior flammable/combustible liquid storage tanks.) Section 5704.2.11.5; add a sentence to read as follows: 5704.2.11.5 Leak prevention. Leak prevention for underground tanks shall comply with Sections 5704.2.11.5.1 and 5704.2.11.5.2 through 5704.2.11.5.3. An approved method of secondary containment shall be provided for underground tank and piping systems. (Reason: Increased protection in response to underground leak problems and remediation difficulty in underground applications. References regional amendment to IFC 5704.2.11.5.3.) Section 5704.2.11.5.2; change to read as follows: 5704.2.11.5.2 Leak detection. Underground storage tank systems shall be provided with an approved method of leak detection from any component of the system that is designed and installed in accordance with NFPA 30 and as specified in Section 5704.2.11.5.3. (Reason: Reference to IFC Section 5704.2.11.5.3 amendment.) Section 5704.2.11.5; add Section 5704.2.11.5.3 to read as follows: 5704.2.11.5.3 Observation wells. Approved sampling tubes of a minimum 4 inches in diameter shall be installed in the backfill material of each underground flammable or combustible liquid storage tank. The tubes shall extend from a point 12 inches below the average grade of the excavation to ground level and shall be provided with suitable surface access caps. Each tank site shall provide a sampling tube at the corners of the excavation with a minimum of 4 tubes. Sampling tubes shall be placed in the product line excavation within 10 feet of the tank excavation and one every 50 feet routed along product lines towards the dispensers, a minimum of two are required. (Reason:Provides an economical means of checking potential leaks at each tank site.) aft. ANL A Section 5706.5.4; delete Section 5706.5.4.5 and replace with the following: 5706.5.4.5 Commercial, industrial, governmental or manufacturing. Dispensing of Class II and III motor vehicle fuel from tank vehicles into the fuel tanks of motor vehicles located at commercial, industrial, governmental or manufacturing establishments is allowed where permitted, provided such dispensing operations are conducted in accordance with Sections 5706.5.4.5.1 through 5706.5.4.5.3. 5706.5.4.5.1 Site requirements. 1. Dispensing may occur at sites that have been permitted to conduct mobile fueling. Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 31 of 34 2. A detailed site plan shall be submitted with each application for a permit. The site plan must indicate: a. all buildings, structures, and appurtenances on site and their use or function; b. all uses adjacent to the property lines of the site; c. the locations of all storm drain openings, adjacent waterways or wetlands; d. information regarding slope, natural drainage, curbing, impounding and how a spill will be retained upon the site property; and, e. The scale of the site plan. 3. The Code Official is authorized to impose limits upon: the times and/or days during which mobile fueling operations are allowed to take place and specific locations on a site where fueling is permitted. 4. Mobile fueling operations shall be conducted in areas not generally accessible to the public. 5. Mobile fueling shall not take place within 15 feet (4.572 m) of buildings, property lines, or combustible storage. 5706.5.4.5.2 Refueling Operator Requirements. 1. The owner of a mobile fueling operations shall provide to the jurisdiction a written response plan which demonstrates readiness to respond to a fuel spill, carry out appropriate mitigation measures, and to indicate its process to properly dispose of contaminated materials when circumstances require. 2. The tank vehicle shall comply with the requirements of NFPA 385 and Local, State and Federal requirements. The tank vehicle's specific functions shall include that of supplying fuel to motor vehicle fuel tanks. The vehicle and all its equipment shall be maintained in good repair. 3. Signs prohibiting smoking or open flames within 25 feet (7.62 m) of the tank vehicle or the point of fueling shall be prominently posted on 3 sides of the vehicle including the back and both sides. 4. A fire extinguisher with a minimum rating of 40:BC shall be provided on the vehicle with signage clearly indicating its location. 5. The dispensing nozzles and hoses shall be of an approved and listed type. 6. The dispensing hose shall not be extended from the reel more than 100 feet (30.48m) in length. 7. Absorbent materials, non-water absorbent pads, a 10 foot (3.048 m) long containment boom, an approved container with lid, and a non-metallic shovel shall be provided to mitigate a minimum 5-gallon fuel spill. 8. Tanker vehicles shall be equipped with a fuel limit switch such as a count-back switch, limiting the amount of a single fueling operation to a maximum of 500 gallons (1893 L) between resetting of the limit switch. Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 32 of 34 Exception: Tankers utilizing remote emergency shut-off device capability where the operator constantly carries the shut-off device which, when activated, immediately causes flow of fuel from the tanker to cease. 9. Persons responsible for dispensing operations shall be trained in the appropriate mitigating actions in the event of a fire, leak, or spill. Training records shall be maintained by the dispensing company and shall be made available to the fire code official upon request. 10. Operators of tank vehicles used for mobile fueling operations shall have in their possession at all times an emergency communications device to notify the proper authorities in the event of an emergency. 5706.5.4.5.3 Operational Requirements. 1. The tank vehicle dispensing equipment shall be constantly attended and operated only by designated personnel who are trained to handle and dispense motor fuels. 2. Prior to beginning dispensing operations, precautions shall be taken to assure ignition sources are not present. 3. The engines of vehicles being fueled shall be shut off during dispensing operations. 4. Night time fueling operations shall only take place in adequately lighted areas. 5. The tank vehicle shall be positioned with respect to vehicles being fueled so as to preclude traffic from driving over the delivery hose and between the tank vehicle and the motor vehicle being fueled. 6. During fueling operations, tank vehicle brakes shall be set, chock blocks shall be in place and warning lights shall be in operation. 7. Motor vehicle fuel tanks shall not be topped off. 8. The dispensing hose shall be properly placed on an approved reel or in an approved compartment prior to moving the tank vehicle. 9. The Code Official and other appropriate authorities shall be notified when a reportable spill or unauthorized discharge occurs. (Reason: Provides clarity and organization of the site, operation and use requirements. Maintains long- standing regional practice.) Section 6103.2.1; add Section 6103.2.1.8 to read as follows: 6103.2.1.8 Jewelry Repair, Dental Labs and Similar Occupancies. Where natural gas service is not available, portable LP-Gas containers are allowed to be used to supply approved torch assemblies or similar appliances. Such containers shall not exceed 20-pound (9.0 kg) water capacity. Aggregate capacity shall not exceed 60-pound (27.2 kg) water capacity. Each device shall be separated from other containers by a distance of not less than 20 feet. (Reason: To provide a consistent and reasonable means of regulating the use of portable LP-Gas containers in these situations.) Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 33 of 34 Section 6104.2, Exception; add an exception 2 to read as follows: Exceptions: 1. {existing text unchanged) 2. Except as permitted in 308 and 6104.3.2, LP-gas containers are not permitted in residential areas. (Reason: To provide a consistent and reasonable means of regulating the use of portable LP-Gas containers. References regional amendment to 1FC 6104.3.2.) Section 6104.3; add Section 6104.3.2 to read as follows: 6104.3.2 Spas, Pool Heaters and other listed devices. Where natural gas service is not available, an LP-Gas container is allowed to be used to supply spa and pool heaters or other listed devices. Such container shall not exceed 250-gallon water capacity per lot. See Table 6104.3 for location of containers. Exception: Lots where LP can be off loaded wholly on the property where the tank is located may install 500 gallon above ground or 1,000 gallon underground approved containers. (Reason:Allows for an alternate fuel source. Dwelling density must be considered and possibly factored into zoning restrictions.) Appendix D Appendix D, Fire Apparatus Access Roads, is amended as follows: D103.1 Access Roads with a Hydrant and Figure D103.1 Dead-end Fire Apparatus Access Road Turnaround. Each reference to "26 feet" or "26' " are changed to be "24 feet" or "24' " respectively. The reference to "(7925 mm)" is changed to be "(7315 mm)". Table D103.4 Requirements for Dead-end Fire Apparatus Access Roads. Each reference to 20 feet contained in the width column is changed to 24 feet. D103.5 Fire Apparatus Access Road Gates. #1 is amended to read: "1. The minimum gate width shall be 24 feet (7315 mm)." Appendices A, B and C: delete in their entirety END Ordinance No.2013-06 Adopting the 2012 Edition of the International Fire Code Repealing Ordinance No.2012-33 Page 34 of 34 p � ax �w ICEc Df Wylie is 1 LVNSS To: Chief Corbin From: Steve Seddig, City of Wylie Fire Marshal Date: January 31, 2013 Subject: Executive Summary-International Fire Code (IFC) 2012 Ordinance 105.7.16 Changed to detail construction permit requirements for electronic access control systems for electric security gates and exit doors to ensure proper design and installation of such systems. (Changed from IFC 2006 to IFC 2009 cycle. No change in IFC 2009 to IFC 2012 cycle.) • 105.7.16 Electronic access control systems. Construction permits are required for the installation or modification of an electronic access control system, as specified in Section 503 and Section 1008. A separate construction permit is required for the installation or modification of a fire alarm system that may be connected to the access control system. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. 105.7.17 Changed and adds construction permit requirements for smoke control and exhaust systems, which are required fire protection systems by Chapter 9 of the fire code to ensure proper design and installation of such systems. (Changed from IFC 2006 to IFC 2009 Cycle. No change from IFC 2009 to IFC 2012) • 105.7.17 Smoke control or exhaust systems. Construction permits are required for smoke control or exhaust systems as specified in Section 909 and Section 910 respectively. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. Section 105.7.18 Changed adds construction permit requirements for electronic access control systems for electric security gates and exit doors to ensure proper design and installation of such systems. (Changed from IFC 2009 to IFC 2012 cycle.) • Section 105.7.18 Electronic Access Systems. Construction permit are required for electronic access control systems for electric security gates and exit. Section 307.3 This section to detail authority to extinguish a permitted fire for cause. (Section added from IFC 2009 to IFC 2012 cycle.) • 307.3 Extinguishment authority. The fire code official is authorized to order the extinguishment by the permit holder, another person responsible or the fire department of open burning that creates or adds to a hazardous or objectionable situation. Section 307.4.4 This section added to the NCTCOG regional amendment's in absence of an acceptable standard already defined in the IFC 2012. (Section added from IFC 2009 to IFC 2012 cycle.) • 307.4.4 Permanent outdoor firepit. Permanently installed outdoor firepits for recreational fire purposes shall not be installed within 10 feet of a structure or combustible material. Exception: Permanently installed outdoor fireplaces constructed in accordance with the International Building Code. Section 308.1.1 This section added to included sky lanterns which were absent from IFC 2012. These lanterns cannot be controlled once launched and cause possible wildland and inherent fire risk airborne open flame. (Change added from the IFC 2009 to IFC 2012 cycle.) • Section 308.1.1 Unmanned free-floating devices containing an open flame or other heat source, such as but not limited to sky lanterns shall be prohibited. 308.1.4 Section change to decrease fire risk in multi-family dwellings and minimizes ignition sources and clarify allowable limits for 1 & 2 family dwellings, and allow an expansion for sprinklered multi-family uses. This amendment adds clarification and defines the container size allowed for residences. (Section added from the IFC 2006 to OFC 2009. No change in the IFC 2012.) • 308.1.4 Open-flame cooking devices. Open-flame cooking devices, charcoal grills and other similar devices used for cooking shall not be located or used on combustible balconies, decks, or within 10 feet of combustible construction. 403.3 Section changed from 1000 people to 250 to require crowd management training in required occupancy at a lower threshold. (Section added from IFC 2009 to IFC 2012 cycle.) • 403.3 Crowd managers. Trained crowd managers shall be provided for facilities or events where 250 or more persons congregate. The minimum number of crowd managers shall be established at a ratio of one crowd manager to every 250 persons. Exceptions: 1. The number of crowd managers may be reduced by up to fifty percent when, in the opinion of the code official, the fire protection provided by the facility and the nature of the event warrant a reduction 2. Assembly occupancies used exclusively for religious worship with an occupant load not exceeding 1,000. 501.4 Section was changed to ensure fire department and EMS access during construction. (Section added from IFC 2006 to IFC 2009. No change from IFC 2009 to IFC 2012.) • 501.4 Timing of installation. When fire apparatus access roads or a water supply for fire protection is required to be installed for any structure or development, they shall be installed, tested, and approved prior to the time of which construction has progressed beyond completion of the foundation of any structure. 604 Sections of 604 were changed due to conflicts and/or discrepancies' with building code. The changes bring the 2012 building and fire codes back in sync. (Section changes occurred from IFC 2009 to IFC 2012 cycle.) SECTION 604 EMERGENCY AND STANDBY POWER SYSTEMS 604.1 Installation. Emergency and standby power systems required by this code or the International Building Code shall be installed in accordance with this code, NFPA 110 and 111. Existing installations shall be maintained in accordance with the original approval, except as specified in Chapter 11. 604.1.1 Stationary generators. Stationary emergency and standby power generators required by this code shall be listed in accordance with UL 2200. 604.1.2 Critical Operations Power Systems (COPS). For Critical Operations Power Systems necessary to maintain continuous power supply to facilities or parts of facilities that require continuous operation for the reasons of public safety, emergency management, national security, or business continuity, see NFPA 70. 604.2 Where required. Emergency and standby power systems shall be provided where required by Sections 604.2.1 through 604 .4 604.2.24 or elsewhere identified in this code or any other referenced code. 604.2. Emergency voice/alarm communications systems. Emergency power shall be provided for emergency voice/alarm communications systems in the following occupancies, or as specified elsewhere in this code, in accordance with Section 907.5.2.2.5 Covered and Open Malls, Section 604.2.13 Group A occupancies, Sections 907.2.1.1 and 907.5.2.2.4. Special Amusement buildings, Section 907.2.12.3 High rise buildings, Section 907.2.13 Atriums, Section 907.2.14 Deep Underground buildings, Section 907.2.19 604.2.2 Smoke control systems. Standby power shall be provided for smoke control systems in the following occupancies, or as specified elsewhere in this code, in accordance with Section 909.11: Covered mall building, International Building Code, Section 404.5 Atriums, International Building Code, Section 404.7 Underground buildings, International Building Code, Section 405.5 Group 1-3, International Building Code, Section 408.9 Stages, International Building Code, Section 410.3.7.2 Special Amusement buildings (as applicable to Group A's), International Building Code, Section 411.1 Smoke protected seating, Section 1028.6.2.1 604.2.3 Exit signs. Emergency power shall be provided for exit signs in accordance with Section 1011.6.3. (90 minutes) 604.2.4 Means of egress illumination. Emergency power shall be provided for means of egress illumination in accordance with Section 1006.3. (90 minutes) 604.2.5 Accessible means of egress elevators. Standby power shall be provided for elevators that are part of an accessible means of egress in accordance with Section 1007.4. 604.2.6 Accessible means of egress platform lifts. Standby power in accordance with this section or ASME A18.1 shall be provided for platform lifts that are part of an accessible means of egress in accordance with Section 1007.5 604.2.7 Horizontal sliding doors. Standby power shall be provided for horizontal sliding doors in accordance with Section 1008.1.4.3. 604.2.8 Semiconductor fabrication facilities. Emergency power shall be provided for semiconductor fabrication facilities in accordance with Section 2703.15. 604.2.9 Membrane structures. Emergency power shall be provided for exit signs in temporary tents and membrane structures in accordance with Section 3103.12.6.1. (90 minutes) Standby power shall be provided for auxiliary inflation systems in permanent membrane structures in accordance with the International Building Code. (4 hours) 604.2.10 Hazardous materials. Emergency or standby power shall be provided in occupancies with hazardous materials in accordance with Section 5004.7 and 5005.1.5. 604.2.11 Highly toxic and toxic materials. Emergency power shall be provided for occupancies with highly toxic or toxic materials in accordance with Sections 6004.2.2.8 and 6004.3.4.2. 604.2 12 Organic peroxides. Standby power shall be provided for occupancies with organic peroxides in accordance with Section 6204.1.11. 604.2.13 Covered and open mall buildings. (no change). 604.2.14 High-rise buildings. (no change). 604.2.15 Underground buildings. (no change). 604.2.16 Group 1-3 occupancies. (no change). 604.2.17 Airport traffic control towers. (no change). 604.2.18 Elevators. (no change). 604.2.19 Smokeproof enclosures and Stair Pressurization Alternative. Standby power shall be provided for smokeproof enclosures, stair pressurization alternative and associated automatic fire detection systems as required by the International Building Code, Section 909.20.6.2. 604.2.20 Elevator pressurization. Standby power shall be provided for elevator pressurization system as required by the International Building Code, Section 909.21.5. 604.2.21 Elimination of Smoke Dampers in Shaft Penetrations. Standby power shall be provided when eliminating the smoke dampers in ducts penetrating shafts in accordance with the International Building Code, Section 717.5.3, exception 2.3. 604.2.22 Common exhaust systems for clothes dryers. Standby power shall be provided for common exhaust systems for clothes dryers located in multistory structures in accordance with the International Mechanical Code Section 504.8, item 7. 604.2.23 Hydrogen Cutoff Rooms. Standby power shall be provided for mechanical ventilation and gas detection systems of Hydrogen Cutoff Rooms in accordance with the International Building Code, Section 421.8. 604.2.24 Means of Egress Illumination in Existing Buildings. Emergency power shall be provided for means of egress illumination in accordance with Section 1104.5 and 1104.5.1 when required by the fire code official. (90 minutes in 1-2, 60 minutes elsewhere.) 604.3 Energy time duration. Unless a time limit is specified by the fire code official, in this chapter or elsewhere in this code, or in any other referenced code or standard, the emergency and standby power system shall be supplied with enough fuel or energy storage capacity for not less than 2-hour full-demand operation of the system. Exception: Where the system is supplied with natural gas from a utility provider and is approved. 604.3 4 Maintenance. (no change). 604.4 5 Operational inspection and testing. (no change). 604.E 6 Emergency lighting equipment. (no change). 604.6 7 Supervision of maintenance and testing. (no change). 807.4.3.2 Section changed to allow an increase in wall coverage due to the presence of sprinklers. Also provides additional guidance relative to acceptable amounts of artwork in classrooms. (Section added from IFC 2006 to IFC 2009 cycle. No change from IFC 2009 to IFC 2012 cycle.) • 807.4.3.2 Artwork. Artwork and teaching materials shall be limited on the walls of corridors to not more than 20 percent of the wall area and on the walls of classrooms to not more than 50 percent of each wall area. Such materials shall not be continuous from floor to ceiling or wall to wall. Curtains, draperies, wall hangings and other decorative material suspended from the walls or ceilings shall meet the flame propagation performance criteria of NFPA 701 in accordance with Section 807 or be noncombustible. 901.9 Section change ensures the property's monitored fire alarm system is maintained for proper notification of emergency response in the event of an emergency incident. (Section added from IFC 2009 to IFC 2012 cycle.) • 901.9 Discontinuation or change. Notice shall be made to the fire code official whenever contracted alarm services for monitoring of any fire alarm system are terminated for any reason, or a change in alarm monitoring provider occurs. Notice shall be made in writing to the fire code official by the building owner and alarm service provider prior to the service being terminated. 903.3.1.2.2 Section change to address open breezeways, which are already required to have fire sprinkler protection in Section 1026.6, Exception 4. Attic protection is required in accordance with existing regional practice and issues with fire exposure via soffit vents, as well as firefighter safety. Attached garages already require sprinkler via NFPA 13R. (Section added from IFC 2009 to IFC 2012 cycle.) • Section 903.3.1.2.2 Attics, Open Breezeways, and Attached Garages. Sprinkler protection is required in attic spaces of such buildings two or more stories in height, open breezeways, and attached garages. 907.2.1 Section changed to be consistent with Group B requirement. Also addresses issue found in Group A occupancies of reduced lighting levels and other A/V equipment that distracts from fire alarm notification devices. (Section added from IFC 2006 to IFC 2009 cycle. No change from IFC 2009 to IFC 2012 cycle.) • 907.2.1 Group A. A manual fire alarm system that activates the occupant notification system in accordance with new Section 907.6 shall be installed in Group A occupancies having an occupant load of 300 or more persons or more than 100 persons above or below the lowest level of exit discharge. Group A occupancies not separated from one another in accordance with Section 707.3.9 of the International Building Code shall be considered as a single occupancy for the purposes of applying this section. Portions of Group E occupancies occupied for assembly purposes shall be provided with a fire alarm system as required for the Group E occupancy. Exception: {No change.} Activation of fire alarm notification appliances shall: 1. Cause illumination of the means of egress with light of not less than 1 foot- candle (11 lux) at the walking surface level, and 2. Stop any conflicting or confusing sounds and visual distractions. 1.1. Residential In-Home day care with not more than 12 children may use interconnected single station detectors in all habitable rooms. (For care of more than five children 2 1/2 or less years of age, see Section 907.2.6.) tip FIRE-RESCUE 2000 Highway 78 North f Wyliie,Texas 75098 '�r # (972) 112-8110/ Fax(972)442-8113 � • January 31, 2013 Mindy Manson,City Manager City of Wylie,Texas Ms. Manson, Please accept this packet of information for use in adopting an updated fire code. Fire Marshal Seddig has provided information from overview to detail that will enable our City Council to make an informed decision on the adoption of this code. Wylie has not adopted an updated fire code for several years now. This has caused us to completely miss one code update cycle. Because of that, more items are addressed. It is our intention in the future to adopt these fire code updates as they become available every three years to reduce the volume of material to review. While we operate under the International Fire Code(IFC),there are several local amendments that we are bringing for adoption also. In 2003 as well as 2006,Wylie adopted these amendments which make the national IFC more of a custom fit to our region and community. While we would love to adopt the Option C amendments calling for fire sprinklering of anything over 4,000 square feet,the documents we are forwarding are Option B,which provide for sprinklering of anything over 6,000 square feet, as we have done since 2006. Additionally, Fire Marshal Seddig represents Wylie on the 18-member Fire Code Review Board at NCTCOG. By doing so, he is very familiar with recommended changes and the reason they are needed. He also gives needed input from the perspective of our community,which gives credence to their need for our community. We have provided this considerable amount of information in a format that attempts to make it more easily reviewed and understood. 1. This letter and the Agenda Request with some background information. 2. An executive overview that lists the most impactful changes to our community. 3. A detailed listing of the changes to the entire code since our last adoption. Fire Marshal Seddig and I will be available as needed to answer any questions that may come up regarding these codes being adopted. As you remember,we did extend the coverage of the old code through this month. Until our Council adopts this update,we will be enforcing the old code administratively. Obviously,the true authority lies with the City Council,and we would like to get their approval as soon as practical. (1 ts( CITY OF WYLIE 1.'xrCC'� S CJ `V•rSS To: Chief Randy Corbin From: Steve Seddig, City of Wylie Fire Marshal Date: January 31, 2012 Subject: International Fire Code (IFC) 2012 Ordinance Amendment Findings • Wylie's Building Department and Fire Department adopted the International Building Code (IBC) 2012 and International Fire Code (IFC) September 25, 2013, effective February 1, 2013, without the North Central Texas Council of Governments (NCTCOG) regional amendments. • The current Fire Code is IFC 2012, with a single local IFC fire sprinkler amendment. Wylie Fire Rescue's Prevention/Community Risk Reduction Division (P/CRRD) continues to strive for the life safety and fire safety of its citizens. The fire department continues to maintain a P/CRR program that consists of providing fire safety plan reviews of new development, annual inspections for businesses within the city limits and enforcement of the adopted fire codes. This current program is a proactive approach to addressing fire safety throughout the City of Wylie. Conclusions • The most recent fire code is the IFC 2012 without the NCTCOG amendments. • Maintaining NCTCOG regional amendments continues to provide the same level of safety, as in past code cycles and regional development consistency. In an effort to continue to be proactive, the Wylie Fire Marshal has been involved in the North Texas Council of Governments' Fire Advisory board meetings as a board member. This has provided a comprehensive representation of the direction fire code and the industry standards. The current industry standard has been internationally recognized codes. The International Fire Code Council encourages state and regional participation in code development, training and enforcement. This minimizes differences in code interpretations and unifies code changes with industry. The NTCOG Fire Advisory Board membership consists of 18 members from the DFW Metroplex. Many regional changes are submitted to the International Fire Code Council for review and adoption if the changes are applicable throughout industry. Recommendations Wylie is currently enforcing IFC 2012 without the NCTCOG regional amendments. The Wylie Fire Rescue P/CRRD maintains the equivalent code in relation to the building code department. In cooperation with the Wylie Building Official, I recommend adoption of the International Fire Code 2012 with the NTCOG Fire Advisory Board, applicable regional amendments to include local amendments, and Adopt Appendix D with local amendments. 1 ty�#'Wylle ,s0 C.VNyS 1 To: City of Wylie Council Members From: Steve Seddig, City of Wylie Fire Marshal Date: January 16, 2013 Subject: Regional Code Changes to International Fire Code (IFC) 2012 Ordinance Listed below is the North Central Texas Council of Governments (NCTCOG), Fire Code Board sections that have changed from the IFC 2006 to IFC 2012. Section 102.7 Changed reflect a reference chapter change. The original reference chapter was chapter 45. The reference standards are in chapter 47. (Change from IFC 2006 to IFC 2009 cycle) Section 102.7 Changed reflect a reference chapter change. The original reference chapter was chapter 47. The reference standards are in chapter 80. (Change form IFC 2009 to IFC 2012 cycle) 102.7.1 & 102.7.2 Changed be consistent with State of Texas where conflicts occur. (Change from IFC 2009 to IFC 2012 cycle) • 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 and any adopted amendments, the provisions of this code and any adopted amendments, as applicable, shall take precedence over the provisions in the referenced code or standard. 105.3.3 Changed for clarity to allow for better understanding in areas not requiring such permits, such as unincorporated areas of counties. (Change from IFC 2006 to IFC 2009 cycle. No change from IFC 2009 to IFC 2012 cycle.) • 105.3.3 Occupancy Prohibited before Approval. The building or structure shall not be occupied prior to the fire code official issuing a permit when required and conducting associated inspections indicating the applicable provisions of this code have been met. 1 105.7.16 Changed to detail construction permit requirements for electronic access control systems for electric security gates and exit doors to ensure proper design and installation of such systems. (Changed from IFC 2006 to IFC 2009 cycle. No change in IFC 2009 to IFC 2012 cycle.) • 105.7.16 Electronic access control systems. Construction permits are required for the installation or modification of an electronic access control system, as specified in Section 503 and Section 1008. A separate construction permit is required for the installation or modification of a fire alarm system that may be connected to the access control system. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. 105.7.17 Changed and adds construction permit requirements for smoke control and exhaust systems, which are required fire protection systems by Chapter 9 of the fire code to ensure proper design and installation of such systems. (Changed from IFC 2006 to IFC 2009 Cycle. No change from IFC 2009 to IFC 2012) • 105.7.17 Smoke control or exhaust systems. Construction permits are required for smoke control or exhaust systems as specified in Section 909 and Section 910 respectively. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. Section 105.7.18 Changed adds construction permit requirements for electronic access control systems for electric security gates and exit doors to ensure proper design and installation of such systems. (Changed from IFC 2009 to IFC 2012 cycle.) • Section 105.7.18 Electronic Access Systems. Construction permit are required for electronic access control systems for electric security gates and exit. Section 202 Changed to clarify the range of uses included in the definition. (Definition added from IFC 2009 to IFC 2012 cycle.) Section 202; amend and add definitions to read as follows: • [B] AMBULATORY CARE FACILITY. Buildings or portions thereof used to provide medical, surgical, psychiatric, nursing, or similar care on a less than 24-hour basis to persons who are rendered incapable of self-preservation by the services provided. This group may include but not be limited to the following: - Dialysis centers - Sedation dentistry - Surgery centers - Colonic centers 2 - Psychiatric centers Section 202 Definition changed to align with NCTCOG regional amendments and high rise definitions within IBC Section 1009 permits unenclosed two story stairways under certain circumstances. (Definition added to the IFC 2006 to 2009 cycle. No change from 2009 to 2012 cycle.) • [B] ATRIUM. An opening connecting three or more stories. Section 202 Definition provides options to the fire department for providing a fire watch. (Definition added from IFC 2006 to IFC 2009 cycle. No change from IFC 2009 to IFC 2012 cycle.) • FIRE WATCH. A temporary measure intended to ensure continuous and systematic surveillance of a building or portion thereof by one or more qualified individuals or standby personnel when required by the fire code official, for the purposes of identifying and controlling fire hazards, detecting early signs of unwanted fire, raising an alarm of fire and notifying the fire department. Section 202 Definition changed for increased safety from fireworks related injuries. (Definition added from IFC 2009 to IFC 2012 cycle.) • FIREWORKS. Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration, detonation, and/or activated by ignition with a match or other heat producing device that meets the definition of 1.4G fireworks or 1.3G fireworks as set forth herein. Section 202 Definition changed further clarifies types of service work allowed in a repair garage, as well as to correspond with definition in the IBC. (Definition added from IFC 2006 to IFC 2009 cycle. No change from IFC 2009 to IFC 2012 cycle.) • REPAIR GARAGE. A building, structure or portion thereof used for servicing or repairing motor vehicles. This occupancy shall also include garages involved in minor repair, modification and servicing of motor vehicles for items such as lube changes, inspections, windshield repair or replacement, shocks, minor part replacement and other such minor repairs. Section 307.3 This section to detail authority to extinguish a permitted fire for cause. (Section added from IFC 2009 to IFC 2012 cycle.) • 307.3 Extinguishment authority. The fire code official is authorized to order the extinguishment by the permit holder, another person responsible or the fire department of open burning that creates or adds to a hazardous or objectionable situation. 3 Section 307.4.4 This section added to the NCTCOG regional amendment's in absence of an acceptable standard already defined in the IFC 2012. (Section added from IFC 2009 to IFC 2012 cycle.) • 307.4.4 Permanent outdoor firepit. Permanently installed outdoor firepits for recreational fire purposes shall not be installed within 10 feet of a structure or combustible material. Exception: Permanently installed outdoor fireplaces constructed in accordance with the International Building Code. Section 308.1.1 Was added to included sky lanterns which were absent from IFC 2012. These lanterns cannot be controlled once launched and cause possible wildland and inherent fire risk airborne open flame. • Section 308.1.1 Unmanned free-floating devices containing an open flame or other heat source, such as but not limited to sky lanterns shall be prohibited. 308.1.4 Section change to decrease fire risk in multi-family dwellings and minimizes ignition sources and clarify allowable limits for 1 & 2 family dwellings, and allow an expansion for sprinklered multi-family uses. This amendment adds clarification and defines the container size allowed for residences. (Section added from the IFC 2006 to OFC 2009. Unchanged in the IFC 2012.) • 308.1.4 Open-flame cooking devices. Open-flame cooking devices, charcoal grills and other similar devices used for cooking shall not be located or used on combustible balconies, decks, or within 10 feet of combustible construction. Exceptions: 1. One- and two-family dwellings, except that LP-gas containers are limited to a water capacity not greater than 50 pounds (22.68 kg) [nominal 20 pound (9.08 kg) LP-gas capacity] with an aggregate LP-gas capacity not to exceed 100 lbs (5 containers). 2. Where buildings, balconies and decks are protected by an approved automatic sprinkler system, except that LP-gas containers are limited to a water capacity not greater than 50 pounds (22.68 kg) [nominal 20 pound (9.08 kg) LP-gas capacity], with an aggregate LP-gas capacity not to exceed 40 lbs (2 containers). 3. {No change.} 4 308.1.6.2 Section changed due to an identified error in published code. (Section added from IFC 2006 to IFC 2009. Unchanged in IFC 2012.) • Section 308.1.6.2, Exception #3; change to read as follows: Exceptions: 3. Torches or flame-producing devices in accordance with Section 308.1.3. 311.5 Section changed due to the possible situations where placarding is not desired or necessary; also clarifies intent that it is not the fire code official's responsibility to provide the placard. (Section added from IFC 2006 to IFC 2009. Unchanged in IFC 2012.) • 311.5 Placards. The fire code official is authorized to require marking of any vacant or abandoned buildings or structures determined to be unsafe pursuant to Section 110 of this code relating to structural or interior hazards, as required by Section 311.5.1 through 311.5.5. 403.3 Section changed from 1000 people to 250 to require crowd management training in required occupancy at a lower threshold. (Section added from IFC 2009 to IFC 2012 cycle.) • 403.3 Crowd managers. Trained crowd managers shall be provided for facilities or events where 250 or more persons congregate. The minimum number of crowd managers shall be established at a ratio of one crowd manager to every 250 persons. Exceptions: 1. The number of crowd managers may be reduced by up to fifty percent when, in the opinion of the code official, the fire protection provided by the facility and the nature of the event warrant a reduction 2. Assembly occupancies used exclusively for religious worship with an occupant load not exceeding 1,000. 403.3.1 Section added to clarify appropriate training for crowd management. (Section added from IFC 2009 to IFC 2012.) 403.3.1 Training. Training for crowd managers shall be approved and shall be based upon a valid job task analysis. 5 403.3.2 Section added to provide clear guidance for crowd control manager's duties. (Section added from IFC 2009 to IFC 2012.) • 403.3.2 Duties. The duties of crowd managers shall include: a. An inspection of the area of responsibility to identify and address any egress barriers b. An inspection of the area of responsibility to identify and mitigate any fire hazards c. Ensure compliance with all permit conditions, including those governing pyrotechnics and other special effects d. To direct and assist the event attendees in evacuation during an emergency e. Assist emergency response personnel if requested. f. Other duties outlined by the Fire Code Official g. Other duties outlined in the Emergency Plan 501.4 Section was changed to ensure fire department and EMS access during construction. (Section added from IFC 2006 to IFC 2009. No change from IFC 2009 to IFC 2012.) • 501.4 Timing of installation. When fire apparatus access roads or a water supply for fire protection is required to be installed for any structure or development, they shall be installed, tested, and approved prior to the time of which construction has progressed beyond completion of the foundation of any structure. 503.1.1 Section was changed and recognizes that the 150' hose lay provision can only be measured along a pathway that is wide enough for fire fighter access. (Section added from IFC 2006 to IFC 2009. Unchanged from IFC 2009 to IFC 2012.) • 503.1.1 Buildings and facilities. Approved fire apparatus ...{text unchanged}... building or facility. Except for one- or two-family dwellings, the path of measurement shall be along a minimum of a ten feet (10') wide unobstructed pathway around the external walls of the structure. • {exception unchanged} 507.4 Section was changed to clarify intent of the test and to ensure contractor accounts for water supply fluctuations. (Section added from IFC 2006 to IFC 2009 cycle. No change from IFC 2009 to IFC 2012 cycle.) • 507.4 Water supply test date and information. The water supply test used for hydraulic calculation of fire protection systems shall be conducted in accordance with NFPA 291 "Recommended Practice for Fire Flow Testing and Marking of Hydrants" and within one year of sprinkler plan submittal. The fire code official shall be notified prior to the water supply test. Water supply tests shall be witnessed by the fire code official, as required The exact location of the 6 static/residual hydrant and the flow hydrant shall be indicated on the design drawings. All fire protection plan submittals shall be accompanied by a hard copy of the waterflow test report, or as approved by the fire code official. The report must indicate the dominant water tank level at the time of the test and the maximum and minimum operating levels of the tank, as well, or identify applicable water supply fluctuation. The licensed contractor must then design the fire protection system based on this fluctuation information, as per the applicable referenced NFPA standard. Reference Section 903.3.5 for additional design requirements. 507.5.4 Section changed to maintain wording from 2006 Code to ensure these critical devices are available in an emergency incident. (Section added from IFC 2006 to IFC 2009 cycle. No change from IFC 2009 to IFC 2012 cycle.) • 507.5.4 Obstruction. Unobstructed access to fire hydrants shall be maintained at all times. Posts, fences, vehicles, growth, trash, storage and other materials or objects shall not be placed or kept near fire hydrants, fire department inlet connections or fire protection system control valves in a manner that would prevent such equipment or fire hydrants from being immediately discernible. The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants. 509.1.2 Section changed to provide direction as to appropriate sign criteria and to develop regional consistency in this regard. (Section added from IFC 2009 to IFC 2012 cycle. No change from IFC 2009 to IFC 2012 cycle.) • 509.1.2 Sign Requirements. Unless more stringent requirements apply, lettering for signs required by this section shall have a minimum height of two (2) inches when located inside a building and four (4) inches when located outside, or as approved by the fire code official. The letters shall be of a color that contrasts with the background. 603.3.2.1 Section change to and sites Chapter 57 Section 5704.2.9.5 for details on various types of applicable flammable liquids above ground storage. (Section added from IFC 2006 to IFC 2009 cycle. No change from IFC 2009 to IFC 2012 cycle.) • Section 603.3.2.1, Exception; change exception to read as follows: Exception: The aggregate capacity limit shall be permitted to be increased to 3,000 gallons in accordance with all requirements of Chapter 57. {Delete remainder of Exception} 7 603.3.2.2 Section changed and relocated the exception to Chapter 57 for applicability to generator sets, due to contradictory charging statement in 603.1 to not apply to internal combustion engines. Further, such large quantities of combustible liquid are more thoroughly addressed in Chapter 57 relative to such tanks. (Section added from IFC 2006 to IFC 2009 cycle. No change from IFC 2009 to IFC 2012 cycle.) • 603.3.2.2 Restricted use and connection. Tanks installed in accordance with Section 603.3.2 shall be used only to supply fuel oil to fuel-burning equipment installed in accordance with Section 603.3.2.4. Connections between tanks and equipment supplied by such tanks shall be made using closed piping systems. 604 Sections of 604 were changed due to conflicts and/or discrepancies' with building code. The changes bring the 2012 building and fire codes back in sync. (Section changes occurred from IFC 2009 to IFC 2012 cycle.) SECTION 604 EMERGENCY AND STANDBY POWER SYSTEMS 604.1 Installation. Emergency and standby power systems required by this code or the International Building Code shall be installed in accordance with this code, NFPA 110 and 111. Existing installations shall be maintained in accordance with the original approval, except as specified in Chapter 11. 604.1.1 Stationary generators. Stationary emergency and standby power generators required by this code shall be listed in accordance with UL 2200. 604.1.2 Critical Operations Power Systems (COPS). For Critical Operations Power Systems necessary to maintain continuous power supply to facilities or parts of facilities that require continuous operation for the reasons of public safety, emergency management, national security, or business continuity, see NFPA 70. 604.2 Where required. Emergency and standby power systems shall be provided where required by Sections 604.2.1 through 604.2.18.4 604.2.24 or elsewhere identified in this code or any other referenced code. 604.2. Emergency voice/alarm communications systems. Emergency power shall be provided for emergency voice/alarm communications systems in the following occupancies, or as specified elsewhere in this code, in accordance with Section 907.5.2.2.5 Covered and Open Malls, Section 604.2.13 Group A occupancies, Sections 907.2.1.1 and 907.5.2.2.4. Special Amusement buildings, Section 907.2.12.3 High rise buildings, Section 907.2.13 Atriums, Section 907.2.14 Deep Underground buildings, Section 907.2.19 604.2.2 Smoke control systems. Standby power shall be provided for smoke control systems in the following occupancies, or as specified elsewhere in this code, in accordance with Section 909.11: Covered mall building, International Building Code, Section 404.5 Atriums, International Building Code, Section 404.7 8 Underground buildings, International Building Code, Section 405.5 Group 1-3, International Building Code, Section 408.9 Stages, International Building Code, Section 410.3.7.2 Special Amusement buildings (as applicable to Group A's), International Building Code, Section 411.1 Smoke protected seating, Section 1028.6.2.1 604.2.3 Exit signs. Emergency power shall be provided for exit signs in accordance with Section 1011.6.3. (90 minutes) 604.2.4 Means of egress illumination. Emergency power shall be provided for means of egress illumination in accordance with Section 1006.3. (90 minutes) 604.2.5 Accessible means of egress elevators. Standby power shall be provided for elevators that are part of an accessible means of egress in accordance with Section 1007.4. 604.2.6 Accessible means of egress platform lifts. Standby power in accordance with this section or ASME A18.1 shall be provided for platform lifts that are part of an accessible means of egress in accordance with Section 1007.5 604.2.7 Horizontal sliding doors. Standby power shall be provided for horizontal sliding doors in accordance with Section 1008.1.4.3. 604.2.8 Semiconductor fabrication facilities. Emergency power shall be provided for semiconductor fabrication facilities in accordance with Section 2703.15. 604.2.9 Membrane structures. Emergency power shall be provided for exit signs in temporary tents and membrane structures in accordance with Section 3103.12.6.1. M minutes) Standby power shall be provided for auxiliary inflation systems in permanent membrane structures in accordance with the International Building Code. (4 hours) 604.2.10 Hazardous materials. Emergency or standby power shall be provided in occupancies with hazardous materials in accordance with Section 5004.7 and 5005.1.5. 604.2.11 Highly toxic and toxic materials. Emergency power shall be provided for occupancies with highly toxic or toxic materials in accordance with Sections 6004.2.2.8 and 6004.3.4.2. 604.2 12 Organic peroxides. Standby power shall be provided for occupancies with organic peroxides in accordance with Section 6204.1.11. 604.2.13 Covered and open mall buildings. (no change). 604.2.14 High-rise buildings. (no change). 604.2.15 Underground buildings. (no change). 604.2.16 Group 1-3 occupancies. (no change). 604.2.17 Airport traffic control towers. (no change). 604.2.18 Elevators. (no change). 604.2.19 Smokeproof enclosures and Stair Pressurization Alternative. Standby power shall be provided for smokeproof enclosures, stair pressurization alternative and associated automatic fire detection systems as required by the International Building Code, Section 909.20.6.2. 604.2.20 Elevator pressurization. Standby power shall be provided for elevator pressurization system as required by the International Building Code, Section 909.21.5. 604.2.21 Elimination of Smoke Dampers in Shaft Penetrations. Standby power shall be provided when eliminating the smoke dampers in ducts penetrating shafts in 9 accordance with the International Building Code, Section 717.5.3, exception 2.3. 604.2.22 Common exhaust systems for clothes dryers. Standby power shall be provided for common exhaust systems for clothes dryers located in multistory structures in accordance with the International Mechanical Code Section 504.8, item 7. 604.2.23 Hydrogen Cutoff Rooms. Standby power shall be provided for mechanical ventilation and gas detection systems of Hydrogen Cutoff Rooms in accordance with the International Building Code, Section 421.8. 604.2.24 Means of Egress Illumination in Existing Buildings. Emergency power shall be provided for means of egress illumination in accordance with Section 1104.5 and 1104.5.1 when required by the fire code official. (90 minutes in 1-2, 60 minutes elsewhere.) 604.3 Energy time duration. Unless a time limit is specified by the fire code official, in this chapter or elsewhere in this code, or in any other referenced code or standard, the emergency and standby power system shall be supplied with enough fuel or energy storage capacity for not less than 2-hour full-demand operation of the system. Exception: Where the system is supplied with natural gas from a utility provider and is approved. 604.3 4 Maintenance. (no change). 604.4 5 Operational inspection and testing. (no change). 604.E 6 Emergency lighting equipment. (no change). 604.6 7 Supervision of maintenance and testing. (no change). 807.4.3.2 Section changed to allow an increase in wall coverage due to the presence of sprinklers. Also provides additional guidance relative to acceptable amounts of artwork in classrooms. (Section added from IFC 2006 to IFC 2009 cycle. No change from IFC 2009 to IFC 2012 cycle.) • 807.4.3.2 Artwork. Artwork and teaching materials shall be limited on the walls of corridors to not more than 20 percent of the wall area and on the walls of classrooms to not more than 50 percent of each wall area. Such materials shall not be continuous from floor to ceiling or wall to wall. Curtains, draperies, wall hangings and other decorative material suspended from the walls or ceilings shall meet the flame propagation performance criteria of NFPA 701 in accordance with Section 807 or be noncombustible. Exception: Corridors protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 shall be limited to 50 percent of the wall area. 901.4.3 Section was changed due to an incorrect section number is referenced in the published code as 707.3.9, which applies to mixed use occupancy separation, rather than fire area separation for sprinkler purposes. (Section added from IFC 2009 to IFC 2012 cycle.) • 901.4.3 Fire areas. {First part of section unchanged} ...determined in accordance with Section 707.3.10 of the International Building Code. • This change is to increase the reliability of the fire protection system and re- emphasizes the requirements of NFPA 25 relative to standpipe systems, as well as 10 ensuring that FDC connections are similarly tested/maintained to ensure operation in an emergency incident. 901.9 Section change ensures the property's monitored fire alarm system is maintained for proper notification of emergency response in the event of an emergency incident. (Section added from IFC 2009 to IFC 2012 cycle.) • 901.9 Discontinuation or change. Notice shall be made to the fire code official whenever contracted alarm services for monitoring of any fire alarm system are terminated for any reason, or a change in alarm monitoring provider occurs. Notice shall be made in writing to the fire code official by the building owner and alarm service provider prior to the service being terminated. 903.1.1 Section change allows alternative automatic fire-extinguishing systems when systems do not provide the reliability of automatic sprinkler protection in general. An applicant could pursue an Alternate Method request to help mitigate the reliability issues with these alternative systems with the fire code official if so desired, or there may be circumstances in which the fire code official is acceptable to allowing an alternate system in lieu of sprinklers, such as kitchen hoods or paint booths. This also meets with local practices in the region. (Section added from IFC 2006 to IFC 2009 cycle. No change from ICF 2009 to IFC 2012.) • 903.1.1 Alternative protection. Alternative automatic fire-extinguishing systems complying with Section 904 shall be permitted in addition to automatic sprinkler protection where recognized by the applicable standard or as approved by the fire code official. 903.2 Section change eliminates the shunt trip requirement of the International Building Code Section 3006.5 for the purpose of elevator passenger and firefighter safety. This amendment is contingent on the Building Code amendment eliminating the Exceptions to Section 3006.4, such that passive fire barriers for these areas are maintained. This also meets with local practices in the region. (Section added from IFC 2006 to IFC 2009 cycle. No change from IFC 2009 to IFC 2012 cycle.) • 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.12. Automatic Sprinklers shall not be installed in elevator machine rooms, elevator machine spaces, and elevator hoistways, other than pits where such sprinklers would not necessitate shunt trip requirements under any circumstances. Storage shall not be allowed within the elevator machine room. Signage shall be provided at the entry doors to the elevator machine room indicating "ELEVATOR MACHINERY— NO STORAGE ALLOWED." 11 903.2.1.2 Section changed due to increased fire frequency and severity in A-2 occupancies in recent years, including multi-fire fatalities in nightclubs, multi-firefighter fatalities in restaurant fires, etc. (Section added from IFC 2009 to IFC 2012 cycle.) • 903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for Group A- 2 occupancies where one of the following conditions exists: 1. The fire area exceeds 5,000 square feet. 2. The fire area has an occupant load of 501-0-0 or more. 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies. 903.2.11.10 Section change to allow greater flexibility when required to retrofit fire sprinkler systems in unsprinklered buildings. (Section added from IFC 2009 to IFC 2012 cycle.) • 903.2.11.10 Expanded tenant spaces. Fire sprinklers shall be installed in all tenant spaces where the total fire area is 6,000 sq. ft. or greater. For the purpose of this provision, fire walls and/or fire barriers shall not be used to separate single tenant fire areas. 903.3.1.2.2 Section change to address open breezeways, which are already required to have fire sprinkler protection in Section 1026.6, Exception 4. Attic protection is required in accordance with existing regional practice and issues with fire exposure via soffit vents, as well as firefighter safety. Attached garages already require sprinkler via NFPA 13R. (Section added from IFC 2006 to IFC 2009 Cycle. No change from IFC 2009 to IFC 2012 cycle.) • Section 903.3.1.2.2 Attics, Open Breezeways, and Attached Garages. Sprinkler protection is required in attic spaces of such buildings two or more stories in height, open breezeways, and attached garages. 903.3.1.2.2 Section changed to allow the use of the Plumbing section of the IRC and recognize current state stipulations in this regard. (Section added from the IFC 2009 to IFC 2012 cycle.) • 903.3.1.3 NFPA 13D sprinkler systems. Automatic sprinkler systems installed in one- and two-family dwellings, Group R-3 and R-4 congregate living facilities and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D or in accordance with state law. 12 905.4, item 5 Section changed to reduce the amount of water pressure required to facilitate testing, and provides backup protection for fire fighter safety. (Section added from the IFC 2009 to IFC 2012 cycle.) • Section 905.4, item 5; change to read as follows: 5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3- percent slope), each standpipe shall be provided with a two-way hose connection located to serve the roof or at the highest landing of a stairway with stair access to the roof provided in accordance with Section 1009.16. An additional hose connection shall be provided at the top of the most hydraulically remote standpipe for testing purposes. 907.2.1 Section changed to be consistent with Group B requirement. Also addresses issue found in Group A occupancies of reduced lighting levels and other A/V equipment that distracts from fire alarm notification devices. (Section added from IFC 2006 to IFC 2009 cycle. No change from IFC 2009 to IFC 2012 cycle.) • 907.2.1 Group A. A manual fire alarm system that activates the occupant notification system in accordance with new Section 907.6 shall be installed in Group A occupancies having an occupant load of 300 or more persons or more than 100 persons above or below the lowest level of exit discharge. Group A occupancies not separated from one another in accordance with Section 707.3.9 of the International Building Code shall be considered as a single occupancy for the purposes of applying this section. Portions of Group E occupancies occupied for assembly purposes shall be provided with a fire alarm system as required for the Group E occupancy. Exception: {No change.) Activation of fire alarm notification appliances shall: 1. Cause illumination of the means of egress with light of not less than 1 foot-candle (11 lux) at the walking surface level, and 2. Stop any conflicting or confusing sounds and visual distractions. 1.1. Residential In-Home day care with not more than 12 children may use interconnected single station detectors in all habitable rooms. (For care of more than five children 2 1/2 or less years of age, see Section 907.2.6.) 13 907.6.1.1 Section changed to provide uniformity in system specifications and guidance to design engineers. In addition, this improves reliability of fire alarm devices and systems. (Section added from IFC 2009 to IFC 2012 cycle.) • 907.6.1.1 Wiring Installation. All fire alarm systems shall be installed in such a manner that a failure of any single initiating device or single open in an initiating circuit conductor will not interfere with the normal operation of other such devices. All signaling line circuits (SLC) shall be installed in such a way that a single open will not interfere with the operation of any addressable devices (Class A). Outgoing and return SLC conductors shall be installed in accordance with NFPA 72 requirements for Class A circuits and shall have a minimum of four feet separation horizontal and one foot vertical between supply and return circuit conductors. The initiating device circuit (IDC) from an addressable input (monitor) module may be wired Class B, provided the distance from the addressable module to the initiating device is ten feet or less. 907.6.5.3 Section changed to assist responder's in locating the reason for alarm activation. (Section added from IFC 2009 to IFC 2012 cycle.) • 907.6.5.3 Communication requirements. All alarm systems, new or replacement shall transmit alarm, supervisory and trouble signals descriptively to the approved central station, remote supervisory station or proprietary supervising station as defined in NFPA 72, with the correct device designation and location of addressable device identification. Alarms shall not be permitted to be transmitted as a General Alarm or Zone condition. 910.6.5.3 Section changed to allow the fire department to control the smoke and heat during and after a fire event. Also gives an alternative to smoke and heat vents. (Section added from the IFC 2009 to IFC 2012 cycle.) • Section 910.1; change Exception 2 to read as follows: 2. Where areas of buildings are equipped with early suppression fast-response (ESFR) sprinklers, automatic only manual smoke and heat vents or manually activated engineered mechanical smoke exhaust systems shall not-be required within these areas. Automatic smoke and heat vents are prohibited. 14 910.3.1, 910.3.2, 910.3.2.1, 910.3.2.2, 910.3.2.3, 910.3.3 Section's added replaces text from the 2009 IFC that was accidentally lost/left out of the 2012 edition first printing, as exemplified by the Section number skipping. Amendment to Section 910.3.2.2 specifies a temperature range at which smoke and heat vents should activate in sprinklered buildings to ensure that the sprinkler system has an opportunity to activate and control the fire prior to vent operation. (Section added from IFC 2006 to IFC 2012 cycle and maintained by this insertion into the IFC 2012.) 910.3.1 Design. Smoke and heat vents shall be listed and labeled to indicate compliance with UL 793. 910.3.2 Vent operation. Smoke and heat vents shall be capable of being operated by approved automatic and manual means. Automatic operation of smoke and heat vents shall conform to the provisions of Sections 910.3.2.1 through 910.3.2.3. 910.3.2.1 Gravity-operated drop out vents. Automatic smoke and heat vents containing heat-sensitive glazing designed to shrink and drop out of the vent opening when exposed to fire shall fully open within 5 minutes after the vent cavity is exposed to a simulated fire represented by a time-temperature gradient that reaches an air temperature of 500°F (260°C) within 5 minutes. 910.3.2.2 Sprinklered buildings. Where installed in buildings equipped with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatically. The automatic operating mechanism of the smoke and heat vents shall operate at a temperature rating at least 100 degrees F (approximately 38 degrees Celsius) greater than the temperature rating of the sprinklers installed. 910.3.2.3 Nonsprinklered buildings. Where installed in buildings not equipped with an approved automatic sprinkler system, smoke and heat vents shall operate automatically by actuation of a heat-responsive device rated at between 100°F (56°C) and 220°F (122°C) above ambient. Exception: Gravity-operated drop out vents complying with Section 910.3.2.1. 910.3.3 Vent dimensions. The effective venting area shall not be less than 16 square feet with no dimension less than 4 feet (1219 mm), excluding ribs or gutters having a total width not exceeding 6 inches (152 mm). 912.2.3 Section added to maintain a consistent regional distance standard throughout the NCTCOG cities. (Section added from IFC 2006 to IFC 2009 cycle. No change in the IFC 2012 cycle.) • 912.2.3 Hydrant distance. An approved fire hydrant shall be located within 100 feet of the fire department connection as the fire hose lays along an unobstructed path. 15 Chapter 10: Sections 1001 through 1029 Section changed due to conflict language referencing the "building official" as the authority over Chapter 10 issues, except for the maintenance of the means of egress section. The 2012 edition of the IBC references "building official" in these sections, but references "fire code official" in the 2012 IFC, providing for a direct contradiction when both codes are adopted. (Section corrected from IFC 2009 to IFC 2012 cycle.) • Chapter 10: Sections 1001 through 1029; replace all references to "fire code official" with "building official". 1004.1.2 Section identifies Authority Having Jurisdiction (AHJ) already has this authority. Technical substantiation is required to support deviation from table values. (Section added from IFC 2009 to IFC 2012 cycle.) • 1004.1.2 Areas without fixed seating. The number of occupants shall be computed at the rate of one occupant per unit of area as prescribed in Table 1004.1.2. For areas without fixed seating, the occupant load shall not be less than that number determined by dividing the floor area under consideration by the occupant load factor assigned to the function of the space as set forth in Table 1004.1.2. Where an intended function is not listed in Table 1004.1.2, the building official shall establish a function based on a listed function that most nearly resembles the intended function. 1007.1 Section/exception added to accommodate buildings regulated under Texas State Law and to be consistent with amendments to Chapter 11. (Section added from IFC 2006 to IFC 2009. No change from IFC 2009 to IFC 2012 cycle.) • Section 1007.1; add the following Exception 4:Exceptions:{previous exceptions unchanged) Buildings regulated under State Law and built in accordance with State registered plans, including any variances or waivers granted by the State, shall be deemed to be in compliance with the requirements of Section 1007. 1007.5 Section added wording to maintain accessible route for wheelchair bound individuals. (Section added from IFC 2009 to IFC 2012 cycle.) • 1007.5 Platform lifts. Platform (wheelchair) lifts . . . required accessible route in Section 1109.7 8, Items 1 through 9 10. Standby power . . {remainder unchanged) 16 1008.1.9.4 Section added for application to M occupancies reflects NCTCOG regional application; No. 4 expanded to Group A due to it being a similar scenario to other uses; No. 4 was NCTCOG regional practice. (Section added from IFC 2006 to IFC 2009 cycle. No change from IFC 2009 to IFC 2012 cycle.) • Section 1008.1.9.4; amend exceptions 3 and 4 as follows: Exceptions: {previous exceptions unchanged}. Where a pair of doors serves an occupant load of less than 50 persons in a Group B, F, M or S Occupancy, {Remainder unchanged) 4. Where a pair of doors serves a Group A B, F, M or S occupancy, {Remainder unchanged) 1008.1.9.9 Section added to permit such locks due to the presence of trained staff. (Section added from IFC 2006 to IFC 2009. No change from IFC 2009 to IFC 2012 cycle.) • 1008.1.9.9 Electromagnetically locked egress doors. Doors in the means of egress in buildings with an occupancy in Group A, B, E, I-1, 1-2, M, R-1 or R-2 and doors to tenant spaces in Group A, B, E, I-1, 1-2, M, R-1 or R-2 shall be permitted to be electromagnetically locked if equipped with listed hardware that incorporates a built-in switch and meet the requirements below: {remaining text unchanged) 1015.7 Section added to allow cross reference to electrical code. (Section added from IFC 2006 to IFC 2009 cycle. No change from IFC 2009 to IFC 2012 cycle.) • 1015.7 Electrical Rooms. For electrical rooms, special exiting requirements may apply. Reference the electrical code as adopted. 1016.2.2 Section added due to past regional practice allowed smoke and heat vents to be utilized to increase travel distance, which resulted in problems when utilizing ESFR sprinkler systems. This amendment adopts wording from the upcoming 2015 IBC, which has been approved by final action via the ICC code development process but is not yet published. • 1016.2.2 Group F-1 and S-1 increase. The maximum exit access travel distance shall be 400 feet (122 m) in Group F-1 or S-1 occupancies where all of the following are met: 1. The portion of the building classified as Group F-1 or S-1 is limited to one story in height; 2. The minimum height from the finished floor to the bottom of the ceiling or roof slab or deck is 24 feet (7315 mm); and 3. The building is equipped throughout with an automatic fire sprinkler system in accordance with Section 903.3.1.1. 17 1018.1 Exception 6 Section added to reduce redundant requirements in a single tenant situation. (Section added from IFC 2006 to IFC 2009 cycle. No change from IFC 2009 to IFC 2012 cycle.) • Section 1018.1; add exception 6 to read as follows: Exceptions: {previous exceptions unchanged) 6. In Group B office buildings, corridor walls and ceilings within single tenant spaces need not be of fire-resistive construction when the tenant space corridor is provided with system smoke detectors tied to an approved automatic fire alarm. The actuation of any detector shall activate alarms audible in all areas served by the corridor. 1018.6 Section added to maintain corridor continuity; corridor should not be interrupted or discontinuous. ( Section added from the IFC 2006 to ICF 2009 cycle.) 1018.6, Corridor Continuity. All corridors shall be continuous from the point of entry to an exit, and shall not be interrupted by intervening rooms. {Remainder unchanged) {Exception unchanged) 1026.6 added to clarify that Section 1022.7, i.e., the 180 degree rule is applicable; and is further reinforced by new Exception 4.4. (Section added from IFC 2009 to IFC 2012 cycle.) • Section 1026.6; amend exception 4 to read as follows: Exceptions: {previous exceptions unchanged) 4. Separation from the interior open-ended corridors of the building... {remaining text unchanged) 1029.1 Section added to ensure egress from residential type occupancies and maintain exception for residential occupancies where an NFPA 13 or 13R sprinkler system is installed, but not for a 13D system. (Section added from IFC 2009 to IFC 2012 cycle.) • 1029.1 General. In addition to the means of egress required by this chapter, provisions shall be made for emergency escape and rescue openings in Group R and I-1 occupancies {Remainder unchanged) Exceptions: {Exceptions 1 through 3 unchanged.) 4. In other than Group R-3 occupancies, buildings equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2. 18 1030.2 Maintain exits and based on previous NCTCOG regional amendments, and maintains occupant and firefighter safety. (Section added from IFC 2009 to IFC 2012 cycle.) • 1030.2 Reliability. Required exit accesses, exits and exit discharges shall be continuously maintained free from obstructions or impediments to full instant use in the case of fire or other emergency an exit or exit passageway shall not be used for any purpose that interferes with a means of egress. 1103.3 Maintains previous NCTCOG amendment language. (Section added from IFC 2009 to IFC 2012 cycle.) • Section 1103.3; add sentence to end of paragraph as follows: Provide emergency signage as required by Section 607.2. 1103.5.3 Section added to maintain consistency with previous NCTCOG amendment to IFC 2404. (Section added from IFC 2009 to IFC 2012 cycle.) • 1103.5.3 Spray booths and rooms. Existing spray booths and spray rooms shall be protected by an approved automatic fire-extinguishing system in accordance with Section 2404. 19 `+t`L °FIv ftp IL rrw • Wylie City Council AGENDA REPORT Meeting Date: 2/12/13 Item Number: Work Session Department: Finance (City Secretary's Use Only) Prepared By: Linda Bantz Account Code: Date Prepared: 2/5/12 Budgeted Amount: Exhibits: 1 Subject Discussion of potential refunding of 4B Sales Tax Revenue Debt for savings Recommendation N/A Discussion The City's financial advisors First Southwest Company will make a presentation to Council on issues regarding the potential refunding of the 4B Sales Tax Revenue Debt. City staff is seeking input from Council as to whether to proceed with this. Page 1 of 1 FirstSouthwest TIP Contacts David Medanich Nick Bulaich 777 Main Street 777 Main Street Suite 1200 Suite 1200 Fort Worth, Texas 76102 Fort Worth, Texas 76102 817.332.9710 817.332.9710 David.medanich@firstsw.com nick.bulaich@firstsw.com Prospective Refunding of 2005 Certificates of Obligation & 2005 General Obligation Refunding & Improvement Bonds February 12, 2013 City of Wylie, Texas Bond Buyer 20 Year GO Index (Sept 1981 — Jan 31 , 2013) CITY E�N]YLIE 14.00 13.00 2/02/2012 - 1/31/2013 ` I 5.00 12.00 5 4.7 Ill4. ■ 11.0o X 4.25 1111 c 4.00 W. _ 10.00 m 3.50 _ 111111111111111111111111 9.00 mirAmemum. 3.25 ■ 3.00 ■ -0 MIN N N N N N N N N N N N N M c 8.00 . y m` a m 3 3 = Q. 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The effect of changes in such factors individually or in any combination could materially affect the relationships and effective interest rates. These results should be viewed with these potential changes in mind as well as the understanding that there may be interruptions in the short term market or no market may exist at all. FirstSouthwestila I Member FINRA&SIPC©2013 First Southwest Company Refunding Candidates 73(„ , E Series 2005 CO Series 2005 GO Principal Amount: $3,725,000 $3,510,000 Refunded Maturities: 2016-2025 2016-2025 Interest Rates: 4.000% - 5.000% 4.000% - 4.500% Call Date: 2/15/2015 2/15/2015 Final Maturity Date: 2/15/2025 2/15/2025 0 TC G r m 7, v, FirstSouthwest** Member FINRA&SIPC 02013 2 First Southwest Company Refunding Information L.ITY OF WYLIE City of Wylie, Texas General Obligation Refunding Bonds, Series 2013 ANNUAL SAVINGS ANALYSIS 1 2 3 4 5 6 REFUNDING RESULTS*: Old New Total Savings Breakout ❑ Par Amount of Refunded Fiscal Year Debt Service Debt Service Savings CO Savings" GO Savings Bonds: $7,235,000 9/30/2013 $ 157,876 $ 157,876 $ - $ - $ - ❑ Total Savings: $644,446 9/30/2014 315,751 262,709 53,043 28,777 24,266 ❑ Present Value Savings: 9/30/2015 315,751 265,419 50,333 28,185 22,148 $555,072 9/30/2016 898,851 846,125 52,726 29,299 23,428 9/30/2017 899,551 843,160 56,391 30,911 25,480 ❑ Present Value %: 7.672% 9/30/2018 898,929 844,231 54,698 32,336 22,361 ❑ True Interest Cost: 2.019% 9/30/2019 896,804 844,289 52,515 28,525 23,990 ❑ Average Interest Rate on 9/30/2020 898,116 843,305 54,811 29,489 25,323 Refunded Bonds: 4.451% 9/30/2021 897,819 840,890 56 929 30,380 26,549 ❑ Final Maturity NOT Extended 9/30/2022 900,572 846,725 53,847 31,091 22,756 ❑ Savings are AFTER any and `-' 9/30/2023 895,118 840,700 54,418 28,100 26,318 9/30/2024 896,636 843,225 53,411 31,275 22,136 all transaction costs (i.e. no 9/30/2025 900,938 849,613 51,325 28,850 22,475 'out of pocket' costs) ° $ 9,772,711 $ 9,128,265 $ 644,446 357,217 287,229 r Net PV Savings: $ 555,072 - m PV Savings as a % of Bonds being Refunded: 7.6720% m x a * -Aa3/A+ Interest Rate Scale as of February 1, 2013 + 0.25% FirstSouthwest 4. Member FINRA&SIPC©2013 3 First Southwest Company Parameter Refunding OrdinanceITYF WY'LIE ➢ Allowed Under Section 1207 Texas Government Code ➢ Council delegates final pricing authority to Council selected Pricing Officer ➢ Council establishes and approves bond sale parameters within Parameter Ordinance: o Maximum Interest Rate o Minimum Savings Threshold for Refundings o Maximum Aggregate Principal Amount of Issue o Final Maturity Date o Expiration of Delegated Authority 0 ➢ Delegated Pricing Officer can only approve refunding if all Council parameters are met ➢ If parameters are not met, City's outstanding debt service remains unchanged FirstSouthwest Member FINRA&SIPC 02013 4 First Southwest Company Parameter Refunding OrdinanceITYF WY'L]F Reason for Parameter Bond Sale = FLEXIBILITY ➢ Market Timing — Bond issue is in Day-to-Day' mode meaning that bonds can be priced at any time and in an interest rate environment that is advantageous to the City of Wylie rather than being locked into pricing on the date of a Council meeting. 0 TC r m m x FirstSouthwest Member FINRA&SIPC 02013 J First Southwest Company Example of Proposed Parameters CITY F WYLIE Would be Included in Parameter Ordinance for Council Consideration/Action ➢ Delegated Pricing Officers: City Manager or Director of Finance ➢ Maximum True Interest Cost: 2.75% ➢ Minimum Savings Threshold: 5.00% Present Value Savings ➢ Maximum Principal Amount: $8,000,000 ➢ Final Maturity Date: February 15, 2025 ➢ Expiration of Parameter Authority: 180 Days 0 TC r m m x FirstSouthwest Member FINRA&SIPC 02013 6 First Southwest Company Potential Timetable/Next Steps C1TYOFWYLIE Feb-13 Mar-13 Apr-13 May-13 SMT WI F S SMT W T F S SMT WI F S SMT WI F S ■■■■■�© ■MI■■■©© ■©®®NI© 6 ■■■MI©©� ©0© 6 EU 9 ©NI® 6 MINI 9 El. 9 10 MINID © 6 nil ® 9 10 10 MINIM 14 ® 16 10 MINI® 14 El 16 14 El 16 ism 19 1 NI® 14 ® 16 m 18 is 18 19 20 MEM m 18 19 20 ®®® map 24 El 26 ® 19 20 mom 24 Ea 24 ® 2 6 MM. m® 26 ®m 29 30 NI 29 30 ■■■ 26 ®m 29 30 ®■ ■■■■■.• ®■■■■■■ ■■■■■ ■■■■■■■ Day Event TBD Prepare initial draft of Preliminary Official Statement&send to City, Bond and Underwriter's Counsel for review TBD Receive information to complete Official Statement from City, Bond Counsel and Underwriter's Counsel TBD Provide draft of Preliminary Official Statement to credit rating agencies for review February/March (Council Approves Parameter Ordinance (?)) I'BD Rating Calls o TBD Receive credit ratings 1'BD Finalize Preliminary Official Statement and Distribute electronically to Underwriters m April Potential pricing and verbal award to Underwriters (Council Approves Ordinance (?)) TBD Print Final Official Statement TBD Bond closing and delivery of funds(Old Bonds Paid Off/Defeased) FirstSouthwest 7 Member FINRA&SIPC 02013 First Southwest Company