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APARTMENTS
What do I do if I see what appears to be a fire hazard at my apartment complex?
In an apartment, who is responsible for keeping smoke detectors in good working order?

FIRE CODE
How should fire lane violations be reported?
What types of structures are governed by the City Fire Code?
Which version of the Fire Code is the City of Austin under right now? When was it adopted?

INSPECTIONS
Will AFD inspect a building on request?
What does AFD do to help stop bars from overcrowding?
Can Christmas lights in apartment buildings be left up all year?
Are indoor candlelight religious services against any law or ordinance?
Is the storage of combustible materials allowed in a closet containing an electric water heater?
What are the fire code requirements for draft stops?

FIREWORKS
What is the City of Austin ordinance regarding fireworks usage?
Are any fireworks legal in the City of Austin without a permit?
What does the City do to enforce the fireworks ordinance?
What is required to put on a fireworks display?

BARBECUES
Is it legal to use a barbecue pit at an apartment complex?

MISC
What is an acceptable level of Carbon Monoxide in a residence?

What is the City of Austin ordinance regarding fireworks usage?
It is illegal to possess fireworks within the City of Austin. It is illegal to use or sell fireworks within the City of Austin and within 5,000 feet outside the city limits.

Are any fireworks legal in the City of Austin without a permit?
The U.S. Department of Transportation does not classify the following items listed as common fireworks, and their use is allowed within the City of Austin:

Snake, GlowWorm - Pressed pellet of pyrotechnic composition thatproduces a large, snakelike ash upon burning. The ash expands in length as the pellet burns. These devices may not contain mercuric thiocyanate.

Smoke Device - Tube or sphere containing pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.

Wire Sparkler - Wire coated with pyrotechnic composition that produces a shower of sparks upon ignition. These items may not contain magnesium and must not exceed 100g of composition per item. Devices containing any chlorate or perchlorate salts may not exceed 5g of composition per item.

Trick Noisemaker: Item produces a small report intended to surprise the user. These devices include:

• Party Popper - Small plastic or paper item containing not more than 16mg of explosive composition that is friction-sensitive. A string protruding from the device is pulled to ignite it, expelling paper streams and producing a small report.
• Booby Trap - Small tube with string protruding from both ends, similar to a party popper in design. The ends of the string are pulled to ignite the friction-sensitive composition, producing a small report.
• Snapper - Small, paper-wrapped item containing a minute quantity of explosive composition coated on small bits of sand. When dropped, the device explodes, producing a small report.
• Trick Match - Kitchen or book match that has been coated with a small quantity of explosive or pyrotechnic composition. Upon ignition of the match, a small report or a shower of sparks is produced.
• Cigarette Load - Small wooden peg that has been coated with a small quantity of explosive or pyrotechnic composition. Upon ignition of the match, a small report or a shower of sparks is produced.
• Auto Burglar Alarm - Tube, which contains pyrotechnic composition that produces a loud whistle and/or smoke when ignited. A small quantity of explosive, not exceeding 50mg, also may be used to produce a small report. A squib is used to ignite the device.

What does the City do to enforce the fireworks ordinance?
The City of Austin has adopted an ordinance forbidding the storage, use and handling of fireworks within the City of Austin and within 5,000 feet outside the city limits. The Austin Fire Department has aggressively sought compliance with this ordinance.

The Austin Fire Department’s fireworks abatement campaign has evolved over the years. Initially, it consisted of sending an engine and a truck company to all reported fireworks violations. This response was very burdensome on the emergency response system and the 911 dispatchers -- often resulting in removing emergency response apparatus away from their normal areas. In the late 1990s, AFD decided to change its approach.

A fireworks hotline was established for callers to report non-emergency fireworks violations. AFD inspectors and APD officers were available to be dispatched in teams of two each, in an APD marked unit. These units were dispatched from the City’s Emergency Operations Center (EOC) staffed City personnel ranging in job responsibilities from calltakers, runners, and dispatchers to a Division Chief. This campaign was conducted from 7 p.m. until 2 a.m. on the Fourth of July and in mant cases, the days proceeding and following the holiday.

With the advent of the new 311 system, the fireworks abatement campaign has become a more APD-oriented operation. Police department units now are dispatched from the non-emergency line. The calltakers no longer are required to staff EOC, and the 911 system no longer are flooded with calls regarding fireworks violations. The Austin Fire Department has a presence on the streets, and the Fire Marshal’s Office still issues citations for violating the fireworks ordinance and vigorously prosecuted persons responsible for starting fires as a result of fireworks.

What is required to put on a fireworks display?
A PERMIT ALONG WITH THE FOLLOWING IS REQUIRED IN ORDER TO PROMOTE OR EXECUTE A COMMERCIAL OR CONSUMER FIREWORK DISPLAY WITHIN THE CITY OF AUSTIN:

• A site plan of the grounds where the display is to be held must be submitted and approved by AFD Emergency Prevention.
• A copy of a pyrotechnic operator license issued by a State Fire Marshal’s Office (Commercial only).
• A list of the fireworks to be used along with an MSDS for each (Commercial Only). Consumer Displays are restricted to ground devices containing 50mg or less of explosive composition and smoke devices classed as explosive 1.4G, firecrackers and small smoke bombs only.
• A certificate of insurance must be obtained for a minimum of $1,000,000 bodily injury and $500,000 property damage if the display is aerial in nature. Non-aerial displays must have a certificate of insurance for a minimum of $500,000 bodily injury and $300,000 property damage insurance. The City of Austin must be named as co-insured on the policy.
• A $50 permit fee and permit application form from the Austin Fire Department is required.
• A public display permit must be obtained from the State Fire Marshal’s Office. (Commercial only).

All information must be submitted to AFD Emergency Prevention Office at least 10 days prior to the scheduled event for review and approval. The public display must meet all State of Texas requirements as outlined in Article 5.43-4 Insurance Code and Firework rules. This booklet is available from the Texas State Fire Marshal’s Office.

The following expenses are the responsibility of the fireworks contractor or pyrotechnic operator (if required):

• $139.05/hour for each engine, depending on circumstances
• $119/hour for each inspector required. Inspectors are required to stand by 30 minutes prior to the event, during the event, and 30 minutes after the event has ended, plus any required time for a minimum of two hours.

For a fireworks display permit call 974-0160.

Is it legal to use a barbecue pit at an apartment complex?
The City of Austin has adopted an ordinance banning the use of barbecue pits on apartment balconies. Local Ordinance 1102.4.2.1 reads as follows:

"No person may construct, erect, install, maintain or use any incinerator or barbecue pit or burn any combustible material to constitute a fire hazard by the use or burning or to endanger the life or property of any person. Residential barbecue pits, hibachis or other cooking appliances utilizing charcoal, wood or gas as a fuel may not be stored or used on any balconies of R-1 occupancies, on other combustible balconies, within five feet measured horizontally from any portion of a combustible building, or within fifteen feet measured along the shortest distance if the pit is located below any portion of a combustible building."

The Austin Department recognizes that the language in the above ordinance is confusing and misleading. AFD intends to rewrite the ordinance for Council approval in the near future.

The intended interpretation of this ordinance is as follows:

• No barbecue pit of any type is allowed in/on any R-1, multi-family residential balcony or apartment;
• On any other balcony (such as can be found on many commercial, mercantile, or single-family residential occupancies), the pit must meet horizontal and vertical spatial clearances as declared in the ordinance;

R-1, multi-family residential occupancies can have barbecue pits on the premises given that they are not on balconies, not in apartments, and meet the spatial requirements of the ordinance. (An example would be a first-floor apartment with a pit that is located and stored in a common area that is at least 5 feet from the building and not located under a structural overhang.)

What do I do if I see what appears to be a fire hazard at my apartment complex
Inform the apartment management of the apparent fire hazard so they can correct the problem. You also can contact the Emergency Prevention Division at (512) 974-0160 to request a fire inspector to review the situation. If the hazard is an immediate threat to life safety (burning trash, leaking gasoline, etc.), dial 911 for immediate assistance.

In an apartment, who is responsible for keeping smoke detectors in good working order?
Smoke detectors are so effective that the City of Austin requires the owners/managers of apartment communities to provide working smoke detectors when tenants move in. However it is up to the tenant to ensure the smoke detectors continue to work. Test smoke detectors once a month and replace the battery at least once a year. Make sure smoke detectors are clean at all times.

How should fire lane violations be reported?
Report these violations to Emergency Prevention at (512) 974-0160. A fire inspector will be dispatched to investigate.

What types of structures are governed by the City Fire Code?
All types of structures, except State and Federal buildings, and single-family homes.

Will AFD inspect a building on request?
Yes, we respond to requests for “walk-throughs” at businesses and requests for Home Safety Inspections. We also respond to complaints at locations with known or suspected fire hazards.

What does AFD do to help stop bars from overcrowding?
The Emergency Prevention Division conducts “Night Inspections” to handle the overcrowding issues at Austin’s bars and nightclubs. The Night Inspection Program consists of teams of inspectors who visit various establishments during the peak hours on weekend nights. They count patrons at the establishments and compare the actual persons present with the legally allowed “occupant load.” They also check items such as exits and lighting for fire code compliance. If the bar exceeds its occupant load, management is subject to fines for the violation.

Are indoor candlelight religious services against any law or ordinance?
The use of open flame in a public assembly requires a permit, candles included, and religious services are considered public assemblies. The requirements for the type of candle are extensive and include fuel, holder, wax, chimney and other specific requirements. The 2003 International Fire Code does make some exceptions, though, for religious ceremonies. Section 308.3.5 (Religious Ceremonies) states, “When, in the opinion of the Chief, adequate safeguards have been taken, participants in religious ceremonies are allowed to carry hand-held candles. Hand-held candles shall not be passed from one person to another while lighted.”

Can Christmas lights in apartment buildings be left up all year?
The 2003 International Fire Code (Section 605.9 Temporary Wiring) requires that decorative lighting be removed after 90 days.

Is the storage of combustible materials allowed in a closet containing an electric water heater?
Yes, but remember, “the storage of combustible materials in a building shall be orderly.” (2003 International Fire Code, Section 315.2, Storage in Buildings)

What are the fire code requirements for draftstops?
The requirements for draft stopping go all the way back to the 1928 Uniform Building Code. Over the decades the size of attic space that required draft stopping has changed. The current requirement of draft stops being required in attics larger than 3,000 square feet was included in the 1970 Code (adopted by the City of Austin on Dec. 21, 1971). Basically, any structure built or remolded since the early 1970s needs to have draft stopping every 3,000 square feet of attic space.

Which version of the Fire Code is the City of Austin under right now? When was it adopted?
The City of Austin currently is using the 2003 edition of the International Fire Code. It was adopted January 1, 2006.

What is an acceptable level of Carbon Monoxide in a residence?
Between 0-9 parts per million (ppm) are within acceptable levels. From 10-99 ppm is unusually high. Over 100 ppm is dangerous. To learn more about carbon monoxide and CO detectors see, Carbon Monoxide.