HomeMy WebLinkAboutOrdinance 19547-02-2011ORDINANCE NO. 19547-02-2Q11
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, APPROVING RESOLUTION NO. 2010-08-171, ADOPTED BY
THE DALLAS-FORT WORTH INTERNATIONAL AIPORT BOARD ON
AUGUST 5, 2010 FOR THE PURPOSE OF AMENDING PARTS ONE
THROUGH NINE OF THE DALLAS-FORT WORTH INTERNATIONAL
AIRPORT CONSTRUCTION AND FIRE PREVENTION RESOLUTION
(ADOPTED BY RESOLUTION NO. 88-147), AS AMENDED, EXCEPT
THAT THE CHANGE TO SECTION 6(B) OF PART NINE OF THE
DALLAS-FORT WORTH INTERNATIONAL AIRPORT CONSTRUCTION
AND FIRE PREVENTION STANDARDS RESOLUTION (ADOPTED BY
RESOLUTION NO. 88-147) ADOPTING THE 2008 NATIONAL
ELECTRICAL CODE AND CERTAIN 2009 SERIES MODEL CODES
PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, INC., WITH
PROPOSED LOCAL AMENDMENTS; TO AMEND PART NINE OF THE
CONSTRUCTION AND FIRE PREVENTION STANDARDS FOR OIL AND
GAS EXPLORATION AND PRODUCTION; PROVIDING FOR A FINE
NOT TO EXCEED TWO THOUSAND ($2,000.00) DOLLARS PER DAY
FOR ANY VIOLATION THEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 8.F of the Contract and Agreement, as amended, between the City
of Fort Worth, and the City of Dallas, Texas, provides that the Dallas-Fort Worth International
Airport Board shall have the power, by a duly adopted order, to adopt and enforce rules and
regulations for the orderly, safe, efficient and sanitary operation of the Airport, and to prescribe
reasonable penalties for the breach of any rule or regulation not to exceed the maximum fines
authorized by state law; and
WHEREAS, Sections 22.082 of the Texas Transportation Code, Chapter 22, Subchapter
D and Section 8.F of the 1968 Contract and A~eement, as amended, provide that such orders by
the Dallas-Fort Worth International Airport Board shall become effective only upon approval of
the governing bodies of the Cities of Fort Worth and Dallas and proper publication; and
WHEREAS, pursuant to the foregoing, the Dallas-Fort Worth International Airport
Board adopted the Construction and Fire Prevention Standards Resolution No. 88-147, which
establishes standards for construction and fire prevention to protect the health, safety and welfare
of the public; and
WHEREAS, on August 5, 2010, the Dallas-Fort Worth International Airport Board
passed, approved, and ordered Resolution No. 2010-08-171, which amends the Dallas-Fort Worth
International Airport Board's Construction and Fire Prevention Standards Resolution (adopted
by Resolution No. 88-147), as amended, to adopt the 2008 National Electrical Code and certain
2009 series Model Codes published by the International Code Council, Inc., with proposed local
amendments and to amend Part Nine of the Construction and Fire Prevention Standards for Oil
and Gas Exploration and Production to amend requirements for disposal of water on Airport
property, clarify the use of explosives within Airport property and add references to Texas
Railroad Commission regulations; and
WHEREAS, in accordance with Section 3 of Chapter 9 of the Code of Rules and
Regulations of the Dallas-Fort Worth International Airport Board, as amended, the Airport Board
has requested that the City Councils of the Cities of Fort Worth and Dallas approve its said
Resolution No. 2010-08-171 in order that it may become effective;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH TEXAS:
SECTION 1.
That all of the declarations and findings contained in the preamble of this ordinance are
made a part hereof and shall be fully effective as part of the ordained subject matter of this
ordinance.
2
SECTION 2.
That Resolution No. 2010-08-171 of the Dallas-Fort Worth International Airport Board, a
duly certified copy of which is attached hereto as Exhibit "A" and made a part of this
ordinance by reference, is hereby approved, except that the following change to Section 6(b) of
Part Nine of the Dallas-Fort Worth International Airport Construction and Fire Prevention
Standards Resolution (adopted by Resolution No. 88-147), as amended, that is contained in
Resolution No. 20l 0-08-171 is not approved and will have no effect:
(b) The Operator must apply for and obtain a Permit for the Drilling of each Well
or Disposal Well. The Operator shall neither apply for nor obtain a "blanket"
Permit for more than one (1) well.
. All Disposal Wells must deposit Brackish Water
into the Ellenberger formation. Each new Well or Disposal Well established at
the ground surface will be considered a new Well or Disposal Well as applicable.
SECTION 3.
That after publication of a substantive statement relating to the contents of Resolution
No. 2010-08-171 of the Dallas-Fort Worth International Airport Board in a newspaper of
general circulation in each of the counties of Tarrant and Dallas, stating that a breach of any
provision of Resolution No. 2010-08-171 will subject the violator to a penalty, and stating that
the full text of Resolution No. 2010-08-171 and any attachments to it are on file in the principal
office of the Airport Board to be read by any interested party, Resolution No. 2010-08-171 shall
thereafter have the same force and effect within the boundaries of the Dallas-Fort Worth
International Airport as an ordinance by the City Council of the City of Fort Worth would have
in the City of Fort Worth, and the penalty shall be enforced in the same manner in which
penalties prescribed by other ordinances of the City of Fort Worth are enforced.
3
SECTION 4.
That the sections, paragraphs, sentences, clauses and phrases of this ordinance and
Resolution No. 2010-08-171 are severable, and if any phrase, clause, sentence, paragraph or
section shall be declared unconstitutional or invalid by the valid judgment or decree of any
court of competent jurisdiction, the unconstitutionality or invalidity shall not affect any of the
remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance or Resolution
No. 2010-08-171, since the same would have been enacted without the incorporation of any
unconstitutional phrase, clause, sentence, paragraph, or section.
SECTION 5.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance or
Resolution No. 2010-08-171 shall be fined not more than Five Hundred Dollars ($500.00) or
more than Two Thousand Dollars ($2000.00) for each offense relating to fire safety, public
health and sanitation, or the dumping of refuse. Each day that a violation is permitted to exist
shall constitute a separate offense.
SECTION 6.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of the provisions of any other ordinances affecting the Code of Rules and
Regulations of the Dallas-Fort Worth International Airport Board which have accrued at the time
of the effective date of this ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or not, under such ordinances, same
shall not be affected by this ordinance but maybe prosecuted until final disposition by the courts.
SECTION 7.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish the
caption, penalty clause and effective date of this ordinance for two days in the official newspaper
of the City of Fort Worth, Texas, as authorized by Texas Local Government Code, Section
52.013.
SECTION 8.
That this ordinance shall take effect immediately from and after its passage and
publication as required by law, in accordance with the provisions of the Charter of the City
of Fort Worth, and it is accordingly so ordained.
APPR VED AST ..~'1 AND LEGALITY:
By:
Assistant City Attorney
Adopted: February 15, 2011
Effective: ° ~ ~ ~~
S
~~~1
?i\\\\\\
DALLAS/FORT WORTH INTERNATIONAL AIRPORT
3200 EAST AIRFIELD DRIVE, P.O. BOX 619428
DFW AIRPORT, TEXAS 75261-9428
www.dfwairport.com
T 972 973 8888 F 972 973 5751
August 25, 2010
STATE OF TEXAS §
COUNTY OF DALLAS §
COUNTY OF TARRANT §
I, Donna J. Schnell, Board Secretary of the Dallas-Fort Worth International Airport
Board, do hereby certify that the attached is a true and correct copy of
Resolution No. 2010-08-171, approved by the Dallas-Fort Worth International
Airport Board of Directors at its Board Meeting held on August 5, 2010.
WITNESS MY HAND AND SEAL OF THE DALLAS-FORT WORTH
INTERNATIONAL AIRPORT BOARD, this the 25`h day of August, 2010.
-~J
Donna J. Schne
Board Secretary
DALLAS FORT WORTH INTERNATIONAL AIRPORT BOARD
OFFICIAL BOARD ACTION/RESOLUTION
Date Committee Subject Resolution #
08/05/2010 Operations Amend Construction and Fire Prevention Standards 2oi o-os-i ~i
Action
That the Airport Board approve amendments to the Construction and Fire Prevention Standards, including
amendments to the various Codes adopted thereunder as reflected in the attached Exhibit A. By approving
this action, the Airport Board also recommends to the Cities of Dallas and Fort Worth that the two cities
approve these amendments to the Construction and Fire Prevention Standards of the Dallas/Fort Worth
International Airport Board.
Description
• Approve amendments to the Construction and Fire Prevention Standards to adopt the 2008 National
Electrical Code and certain 2009 series model codes published by the International Code Council,
Inc. (ICC) as listed in Exhibit A, each with proposed local amendments.
• Approve amendments to Part Nine of the Construction and Fire Prevention Standards for Oil and
Gas Exploration and Production. Amendments will alter the requirements for disposal of water on
Airport property, clarify the use of explosives within Airport property, and add references to Texas
Railroad Commission regulations.
Justification
• It is important to update the Construction and Fire Prevention Standards from time to time to ensure
the health, safety and welfare of the public and to stay current with state and federal regulations by
adopting the most recent model codes available. The upcoming Terminal Development Program will
be designed and constructed to conform to these codes.
D/M/WBE Information
• N/A
Contract # Agreement # Purchase Order # Action Amount Revised Amount
$0 $0
For Information contact Fund Project # External Funding Source Amount
Perfecto Solis $0
3-1823
Resolution # 2010-08-171
Additional Information
• Resolution No. 88-147, the Construction and Fire Prevention Standards Resolution was approved by
the Board on June 7, 1988, to establish standards for construction and fire prevention.
• Updated model construction and fire codes are adopted from time to time to ensure the health, safety
and welfare of the public and to stay current with state and federal regulations.
• On March 2, 2006, the Board approved the addition of Part Nine to these Standards to regulate the
exploration, development and production of oil and gas on Airport property by establishing uniform
limitations, safeguards and requirements of operations related to these activities to protect the health,
safety and welfare of the public, minimize the potential impact to property, protect the quality of the
environment and encourage the orderly production and transportation of available mineral and
natural gas resources.
Additional Attachments: Y
BE IT RESOLVED BY THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD
That the Airport Board approve amendments to the Construction and Fire Prevention Standards, including
amendments to the various Codes adopted thereunder as reflected in the attached Exhibit A. By approving
this action, the Airport Board also recommends to the Cities of Dallas and Fort Worth that the two cities
approve these amendments to the Construction and Fire Prevention Standards of the Dallas/Fort Worth
International Airport Board.
Approved as to Form by
Gary Keane
General Counsel
Jul 26, 2010 1:51 pm
Approved as to Funding by
~~~ ~'
Max Underwood
Vice President
Finance
Jul 26, 2010 3:43 pm
Approved as to MNVBE by
Don O'Bannon
Vice President
Small 8 Emerging Business
Jul 26, 2010 10:23 am
SIGNATURE REQUIRED FOR APPROVAL
Approved by
~ ..~, .G
Department Head
Airport Development
Jul 26, 2010 9:22 am
/~~~~ ~ Au 5 2010 1:57 m
~~
Chief Executive Officer
Date
EXHIBIT A
DALLAS-FORT WORTH INTERNATIONAL AIRPORT
CONSTRUCTION AND FIRE PREVENTION STANDARDS RESOLUTION
AND
AMENDMENTS TO THE CODES
August 2010
TABLE OF CONTENTS
PART ONE -- CONSTRUCTION AND FIRE PREVENTION STANDARDS RESOLUTION........1
SECTION 1 TITLE ......................................................................................................................1
SECTION 2 PURPOSE ...............................................................................................................1
SECTION 3 CREATION OF BOARD OF APPEALS (BOA) ........................................................2
SECTION 4 COMPOSITION OF BOA .........................................................................................2
SECTION 5 EX-OFFICIO MEMBERS .........................................................................................4
SECTION 6 MEETINGS: QUORUM ............................................................................................4
SECTION 7 BYLAWS AND RECORDS ......................................................................................5
SECTION 8 AUTHORITY AND POWER .....................................................................................5
SECTION 9 RIGHT OF APPEAL ................................................................................................6
SECTION 10 AGENDA AND RECORDS ....................................................................................6
SECTION 11 HEARING ..............................................................................................................6
SECTION 12 STAY OF PROCEEDINGS ....................................................................................6
SECTION 13 2A86 2009 INTERNATIONAL BUILDING CODE ADOPTED .................................7
SECTION 14 2A86 2009 INTERNATIONAL FIRE CODE ADOPTED ..........................................7
SECTION 15 X886 2008 NATIONAL ELECTRICAL CODE ADOPTED ......................................7
SECTION 162886 2009 INTERNATIONAL MECHANICAL CODE ADOPTED ..........................7
SECTION 17 2A86 2009 INTERNATIONAL PLUMBING CODE ADOPTED ...............................7
SECTION 18 2A86 2009 INTERNATIONAL FUEL GAS CODE ADOPTED ................................8
SECTION 19 2-086 2009 INTERNATIONAL ENERGY CONSERVATION CODE ADOPTED......8
SECTION 20 REQUIRED PERMITS ...........................................................................................8
SECTION 21 REQUIRED FEES .................................................................................................9
SECTION 22 LICENSES REQUIRED .........................................................................................9
SECTION 23 ENFORCEMENT ...................................................................................................9
SECTION 24 SPECIAL ENACTMENT ......................................................................................10
SECTION 25 CONFLICTING PROVISIONS .............................................................................10
SECTION 26 SEVERABILITY CLAUSE ...................................................................................10
SECTION 27 PENAL CLAUSE .................................................................................................10
SECTION 28 SAVINGS CLAUSE .............................................................................................11
SECTION 29 PUBLICATION ....................................................................................................11
SECTION 30 EFFECTIVE DATE ..............................................................................................11
PART TWO -BUILDING CODE AMENDMENTS ............................................................................... 1
SECTION 101 GENERAL ...........................................................................................................1
SECTION 102 EXISTING STRUCTURES ...................................................................................1
SECTION 103 DEPARTMENT OF BUILDING SAFETY .............................................................1
SECTION 105 PERMITS ............................................................................................................2
SECTION 106 FLOOR AND ROOF DESIGN LOADS .................................................................3
SECTION 109 FEES ...................................................................................................................4
SECTION 111 CERTIFICATE OF OCCUPANCY ......................................................................4
SECTION 113 BOARD OF APPEALS ........................................................................................4
TOC
SECTION 114 VIOLATIONS ......................................................................................................4
SECTION 202 DEFINITIONS ......................................................................................................5
SECTION 403 HIGH-RISE BUILDINGS ......................................................................................7
SECTION 412 AIRCRAFT RELATED OCCUPANCIES .............................................................7
SECTION 903 AUTOMATIC SPRINKLER SYSTEMS ................................................................8
SECTION 907 FIRE ALARM AND DETECTION SYSTEMS .......................................................9
SECTION 1003 GENERAL MEANS OF EGRESS ....................................................................11
SECTION 1004 OCCUPANT LOAD .........................................................................................11
SECTION 1008 DOORS, GATES, AND TURNSTILES .............................................................11
SECTION 1022 EXIT ENCLOSURES .......................................................................................12
SECTION 1024 LUMINOUS EGRESS PATH MARKINGS .......................................................12
CHAPTER 11 ACCESSIBILITY ................................................................................................12
SECTION 3002 HOISTWAY ENCLOSURES ............................................................................13
CHAPTER 35 REFERENCED STANDARDS ...........................................................................13
ADOPTION OF APPENDIX CHAPTER H SIGNS .....................................................................13
PART THREE -FIRE CODE AMENDMENTS ..................................................................................... 1
SECTION 101 SCOPE AND GENERAL REQUIREMENTS .......................................................1
SECTION 102 APPLICABILITY .................................................................................................1
SECTION 103 DEPARTMENT OF FIRE PREVENTION .............................................................1
SECTION 105 PERMITS ............................................................................................................2
SECTION 107 MAINTENANCE ..................................................................................................2
SECTION 108 BOARD OF APPEALS ........................................................................................3
SECTION 109 VIOLATIONS ......................................................................................................3
SECTION 202 DEFINITIONS ......................................................................................................3
SECTION 307 OPEN BURNING, RECREATIONAL FIRES AND PORTABLE OUTDOOR FIREPLACES...4
SECTION 503 FIRE APPARATUS ACCESS ROADS ................................................................4
SECTION 507 FIRE PROTECTION WATER SUPPLIES ............................................................4
SECTION 903 AUTOMATIC SPRINKLER SYSTEMS ................................................................5
SECTION 907 FIRE ALARM AND DETECTION SYSTEMS .......................................................6
SECTION 1003 GENERAL MEANS OF EGRESS ......................................................................7
SECTION 1004 OCCUPANT LOAD ...........................................................................................7
SECTION 1022 EXIT ENCLOSURES .........................................................................................8
SECTION 2705 USE, DISPENSING AND HANDLING ...............................................................8
SECTION 3301 GENERAL .........................................................................................................8
SECTION 3406 SPECIAL OPERATIONS ...................................................................................9
SECTION 3703 HIGHLY TOXIC AND TOXIC SOLIDS AND LIQUIDS .......................................9
CHAPTER 47 REFERENCED STANDARDS .............................................................................9
ADOPTION OF APPENDIX CHAPTERS ....................................................................................9
PART FOUR -ELECTRICAL CODE AMENDMENTS ....................................................................... 1
ARTICLE 89 TITLE .....................................................................................................................1
TOC
2
PART FIVE -MECHANICAL CODE AMENDMENTS ......................................................................... 1
SECTION 101 GENERAL ...........................................................................................................1
SECTION 103 DEPARTMENT OF MECHANICAL INSPECTION ...............................................1
SECTION 106 PERMITS ............................................................................................................1
SECTION 108 VIOLATIONS ......................................................................................................2
SECTION 109 MEANS OF APPEAL ...........................................................................................2
PART SIX -PLUMBING CODE AMENDMENTS ................................................................................ 1
SECTION 101 GENERAL ...........................................................................................................1
SECTION 103 DEPARTMENT OF PLUMBING INSPECTION ....................................................1
SECTION 106 PERMITS ............................................................................................................1
SECTION 108 VIOLATIONS ......................................................................................................1
SECTION 109 MEANS OF APPEAL ...........................................................................................2
SECTION 312 TESTS AND INSPECTIONS ...............................................................................2
TABLE 403.1 MINIMUM NUMBER OF REQUIRED PLUMBING FACILITIES ............................2
SECTION 404 ACCESSIBLE PLUMBING FACILITIES ..............................................................2
SECTION 1106 SIZES OF CONDUCTORS, LEADERS AND STORM DRAINS .........................3
SECTION 1108 COMBINED SANITARY AND STORM SYSTEM ...............................................3
PART SEVEN -FUEL GAS CODE AMENDMENTS ........................................................................... 1
SECTION 101 GENERAL ...........................................................................................................1
SECTION 103 DEPARTMENT OF INSPECTION ........................................................................1
SECTION 106 PERMITS ............................................................................................................1
SECTION 108 VIOLATIONS ......................................................................................................1
SECTION 109 MEANS OF APPEAL ...........................................................................................2
PART EIGHT -ENERGY CODE AMENDMENTS ............................................................... 1
SECTION 101 SCOPE AND GENERAL REQUIREMENTS .......................................................1
SECTION 110 VIOLATION PENALTIES ...................................................................................2
SECTION 202 GENERAL DEFINITIONS ....................................................................................2
SECTION 505 ELECTRICAL POWER AND LIGHTING SYSTEMS ............................................3
PART NINE -OIL AND GAS EXPLORATION AND PRODUCTION .............................................. 1
SECTION 1 GENERAL INFORMATION .....................................................................................1
SECTION 2 DEFINITIONS ..........................................................................................................1
SECTION 3 AIRPORT OVERSIGHT ...........................................................................................4
SECTION 4 OPERATOR'S AGENT ............................................................................................5
SECTION 5 SEISMIC SURVEY PERMIT REQUIREMENTS .......................................................5
SECTION 6 GAS WELL AND DISPOSAL WELL PERMIT REQUIREMENTS ............................6
TOC
3
SECTION 7 PERMIT APPLICATION ..........................................................................................7
SECTION 8 PERMITTING PROCEDURE ................................................................................. 10
SECTION 9 AMENDED GAS WELL PERMITS ........................................................................ 10
SECTION 10 SUSPENSION OR REVOCATION OF WELL PERMITS ...................................... 11
SECTION 11 PERIODIC REPORTS ......................................................................................... 12
SECTION 12 BOND, LETTERS OF CREDIT, INDEMNITY INSURANCE ................................. 13
SECTION 13 SETBACK REQUIREMENTS .............................................................................. 16
SECTION 14 ON SITE AND TECHNICAL REGULATIONS ...................................................... 17
SECTION 15 SCREENING ....................................................................................................... 27
SECTION 16 CLEANUP AND MAINTENANCE ........................................................................ 29
SECTION 17 PLUGGED AND ABANDONED WELLS ............................................................. 30
SECTION 18 TECHNICAL ADVISOR ....................................................................................... 31
SECTION 19 MEANS OF APPEAL .......................................................................................... 31
SECTION 20 VARIANCE RESOLUTION COMMITTEE ............................................................ 31
SECTION 21 SEVERABILITY CLAUSE ................................................................................... 33
TOC
4
PART ONE -- CONSTRUCTION AND FIRE PREVENTION STANDARDS
RESOLUTION
A Board Resolution creating the Board of Appeals (BOA) of the Dallas-Fort Worth
International Airport (the Airport); providing for the selection and term of office of
members; providing for public hearings, meetings and procedures therefore; prescribing
the authority and powers of the Board of Appeals; providing for appeal from decisions of
the Building Official and Fire Chief; providing for a stay of proceedings upon appeal;
providing for the adoption of the Building Code; providing for the adoption of the Fire
Code; providing for the adoption of the Electrical Code; providing for the adoption of the
Mechanical Code; providing for the adoption of the Plumbing Code; providing for the
adoption of the Fuel Gas Code; providing for the adoption of the Energy Code; providing
for the regulation of oil and gas exploration and production; making it unlawful to
perform construction work or oil and gas exploration and production without a permit;
making it unlawful to undertake the contracted installation of fire protection, mechanical,
plumbing, irrigation or electrical equipment without a proper license to do such work;
providing for the termination of the Board of Airport Building Code of Appeals; providing
that this resolution shall be cumulative; providing a severability clause; providing a penal
clause; providing a savings clause; providing for publication in pamphlet form; providing
for publication in a newspaper; and providing an effective date.
SECTION 1
TITLE
This resolution shall be known as the Dallas-Fort Worth International Airport
Construction and Fire Prevention Standards Resolution, and referred to herein as (this
Resolution).
SECTION 2
PURPOSE
It is the specific intent of the Dallas-Fort Worth International Airport Board (the Airport
Board) that standards for construction and fire prevention be used for the health, safety
and welfare of all persons at the Airport. The Airport Board finds that construction and
fire prevention standards change from time to time and that these standards should stay
current with modern practices of construction and fire safety. In carrying out these
purposes, it is the intent of the Airport Board that such construction and fire prevention
standards be adopted as outlined herein and that a Board of Appeals (BOA) be given
limited authority over matters pertaining thereto. The scope of the BOA is as set forth
below.
Part One -Construction and Fire Prevention Standards Resolution
Part One - Pg. 1
It is the intent of the Airport Board that compliance with the construction and fire
prevention standards contained herein is the responsibility of those persons and
businesses to which they apply; and that neither the BOA nor the Airport Board, its
members, agents and employees, shall be liable or responsible for any errors or
omissions arising out of the enforcement or failure to enforce these standards.
SECTION 3
CREATION OF BOARD OF APPEALS (BOA)
The Airport Board hereby establishes a Board of Appeals (BOA) for the purpose of
determining the acceptability and adequacy of materials, equipment and methods of
construction and for interpretation of these standards. The Airport Board shall adopt
construction and fire prevention standards, which will be applicable throughout the
Airport. The Construction and Fire Prevention Standards shall include but not be limited
to the Building Code, Fire Code, Electrical Code, Mechanical Code, Plumbing Code,
Fuel Gas Code and Energy Code and Part Nine of this Resolution for Oil and Gas
Exploration and Production as adopted by the Airport Board and amended from time to
time.
SECTION 4
COMPOSITION OF BOA
The BOA shall consist of seven voting members who shall serve without compensation
and shall be selected in the following manner:
Place 1: An architect, registered to practice as an architect in the State of Texas -
The selection of the architect shall be made alternatively by the Dallas and
Fort Worth Chapters of the American Institute of Architects and shall be
confirmed by the Airport Board. The initial term will be filled by a selection
of the Dallas Chapter and will extend from the Airport Board's confirmation
of the selection through December 31, 1990. Thereafter, terms will be for
two years extending from January 1 of odd-numbered years through
December 31 of even-numbered years.
Place 2: An electrical engineer, registered to practice as a professional engineer in
the State of Texas whose practice is or has been the design of electrical
systems for buildings -The selection of the electrical engineer shall be
made alternatively by the Dallas and Fort Worth Chapters of the Texas
Society of Professional Engineers and shall be confirmed by the Airport
Board. The initial term will be filled by a selection of the Fort Worth
Chapter and will extend from the Airport Board's confirmation of the
selection through December 31, 1990. Thereafter, terms will be for two
years extending from January 1 of odd-numbered years through
December 31 of even-numbered years.
Part One -Construction and Fire Prevention Standards Resolution
Part One - Pg. 2
Place 3: A mechanical engineer, registered to practice as a professional engineer
in the State of Texas whose practice is or has been the design of
mechanical systems for buildings -The selection of the mechanical
engineer shall be made alternatively by the Dallas and Fort Worth
Chapters of the Texas Society of Professional Engineers and shall be
confirmed by the Airport Board. The initial term will be filled by a selection
of the Fort Worth Chapter and will extend from the Airport Board's
confirmation of the selection through December 31, 1991. Thereafter,
terms will be for two years extending from January 1 of even-numbered
years through December 31 of odd-numbered years.
Place 4: A structural engineer, registered to practice as a professional engineer in
the State of Texas whose practice is or has been the design of structural
systems for buildings -The selection of the structural engineer shall be
made alternatively by the Dallas and Fort Worth Chapters of the Texas
Society of Professional Engineers and shall be confirmed by the Airport
Board. The initial term will be filled by a selection of the Fort Worth
Chapter and will extend from the Airport Board's confirmation of the
selection through December 31, 1991. Thereafter, terms will be for two
years extending from January 1 of even-numbered years through
December 31 of odd-numbered years.
Place 5: Afire protection specialist -The selection of the fire protection specialist
shall be made by the Dallas/Fort Worth Chapter of the Society of Fire
Protection Engineers and shall be confirmed by the Airport Board. The
initial term will extend from the Airport Board's confirmation of the
selection through December 31, 1991. Thereafter, terms will be for two
years extending from January 1 of even-numbered years through
December 31 of odd-numbered years.
Place 6: A design professional, registered to practice as an architect or as a
professional engineer in the State of Texas, and whose profession relates
to the design of facilities, structures or systems that are constructed -The
selection of the design professional for Place 6 shall be made by the
Dallas Metroplex Alumni Extension Chapter of the National Society of
Black Engineers and shall be confirmed by the Airport Board. The initial
term shall extend from the Airport Board's confirmation of the selection
through December 31, 2005. Thereafter, terms will be for two years
extending from January 1 of even-numbered years through December 31
of odd-numbered years.
Place 7: A design professional registered to practice as an architect or as a
professional engineer in the State of Texas, and whose profession relates
to the design of facilities, structures or systems that are constructed -The
selection of the design professional for Place 7 shall be made by the
Part One -Construction and Fire Prevention Standards Resolution
Part One - Pg. 3
Dallas-Fort Worth Chapter of the Society of Hispanic Professional
Engineers and shall be confirmed by the Airport Board. The initial term
will extend from the Airport Board's confirmation of the selection through
December 31, 2004.* Thereafter, terms will be for two years extending
from January 1 of odd-numbered years through December 31 of even-
numbered years.
There is no limit on the number of terms an individual may serve on the BOA; however,
only in Places 5, 6 and 7 may an individual serve in consecutive terms. Any term
scheduled to end on December 31, shall be automatically extended until a successor for
that place is selected, confirmed, and sworn in.
In the event that any professional organization, designated to select a candidate to fill a
term on the BOA, is unable to make such a selection, and the professional organization
notifies the Building Official that a selection cannot be made, then the Building Official
shall designate the unfilled seat as officially vacant, and it shall remain vacant until the
next scheduled term for that seat.
SECTION 5
EX-OFFICIO MEMBERS
The Building Official and the Fire Chief or their designated representatives shall be ex-
officio non-voting members of the BOA. The BOA may make recommendations through
the Building Official or Fire Chief to the Airport Board for amendments to the standards
accordingly.
The Building Official of the Dallas/Fort Worth International Airport Board is the official in
charge of the Code Compliance Section of the Airport Development and Engineering
Department.
The Director of the Department of Public Safety of the Dallas/Fort Worth International
Airport Board or his designee is hereby designated as the Fire Chief.
SECTION 6
MEETINGS: QUORUM
All meetings of the BOA shall be open to the public except as permitted by law and as is
in the interest of the Airport. Three (3) members of the BOA shall constitute a quorum
to transact business. Every matter before the BOA for vote shall require for final
passage the affirmative vote of a majority of the members present and voting. The first
meeting of the BOA following its appointment shall be at such time and place as called
by the Building Official. Thereafter the BOA shall hold meetings at such time and place
as called by the Chairman or one lawfully acting in that capacity.
Part One -Construction and Fire Prevention Standards Resolution
Part One - Pg. 4
SECTION 7
BYLAWS AND RECORDS
At its first meeting the BOA shall elect one of its members as Chairman, and he shall
keep a record of the proceedings and decisions, and a copy of same shall be filed in the
office of the Building Official. Each year thereafter, following the Airport Board's
confirmation of the composition of the BOA, the BOA shall hold an organizational
meeting, at which time it shall elect a Chairman before proceeding to other matters of
business. The BOA shall establish its own rules of procedure and shall amend them
from time to time as it deems necessary. The Building Official shall serve as Secretary
to the BOA.
SECTION 8
AUTHORITY AND POWER
The BOA shall have the authority and power to:
1. Hear appeals on interpretations by the Building Official of the Building Code,
Electrical Code, Mechanical Code, Plumbing Code, Fuel Gas Code and Energy Code.
The BOA may modify in whole or in part or may affirm the interpretation of the Building
Official. The Building Official shall render a written interpretation within thirty (30) days
of a request by a person who has been aggrieved by a decision of the Building Official.
No interpretations shall be heard by the BOA until the Building Official has rendered a
written interpretation.
2. Hear appeals on interpretations by the Fire Chief of the Fire Code. The BOA
may modify in whole or in part or may affirm the interpretation of the Fire Chief. The
Fire Chief shall render a written interpretation within thirty (30) days of a request by a
person who has been aggrieved by a decision of the Fire Chief. No interpretations shall
be heard by the BOA until the Fire Chief has rendered a written interpretation.
3. Approve alternate methods of construction and fire prevention where it is
impractical to meet the adopted construction and fire prevention standards, provided
that the BOA finds the same degree of suitability, strength, effectiveness, fire
resistance, durability, sanitation and safety exists in the alternate method as intended by
the standards.
4. Approve new methods of construction and fire prevention not covered by the
construction and fire prevention standards, provided that the BOA finds the same
degree of suitability, strength, effectiveness, fire resistance, durability, sanitation and
safety exists in the new method as intended by the standards.
The BOA shall have no power to otherwise limit, modify or change these construction
and fire prevention standards.
Part One -Construction and Fire Prevention Standards Resolution
Part One - Pg. 5
SECTION 9
RIGHT OF APPEAL
Any person, firm, company or corporation aggrieved by any decision or order of the
Building Official or Fire Chief may appeal such decision or order to the BOA. Every
appeal must be in writing and must be filed in triplicate with the Building Official within
thirty (30) days from the date of the decision or order appealed from. The BOA shall not
consider any appeal that is filed after the thirty (30) day period. Such appeal shall
contain appropriate reference to the decision or order appealed from, as well as the
grounds for the appeal.
SECTION 10
AGENDA AND RECORDS
The agenda for the BOA shall be prepared by the Building Official and shall be posted
as required by law. All records and evidence pertinent to any appeal shall be
transmitted to the BOA and to the aggrieved party prior to the hearing. Records of all
appeals shall be kept in the office of the Building Official. The Building Official shall
transmit copies of appeal records to the Fire Chief.
SECTION 11
HEARING
The BOA shall fix a reasonable time for the hearing of an appeal and shall give notice of
the hearing in writing to the parties in interest. Parties may appear before the BOA in
person, by agent or by attorney. The BOA shall establish rules for the fair and efficient
conduct of the hearing and the just resolution to an appeal. The BOA shall notify the
appellant of its decision.
SECTION 12
STAY OF PROCEEDINGS
An appeal shall stay all proceedings in connection with the decision or order appealed
from, unless and until the Building Official or Fire Chief shall have certified to the BOA
after notice of appeal has been filed that a stay would cause an unreasonable risk of
harm to life or damage to property. Any work done contrary to the order of the Building
Official or Fire Chief after filing an appeal hereunder, pending the determination of such
appeal, shall be subject to removal or repair should the order be affirmed. The cost of
removal or repair of the work done shall be borne solely by the person, firm, company or
corporation who was responsible for the work without consideration of mitigating or
extenuating circumstances.
Part One -Construction and Fire Prevention Standards Resolution
Part One - Pg. 6
SECTION 13
28A6 2009 INTERNATIONAL BUILDING CODE ADOPTED
The Building Code of the Dallas-Fort Worth International Airport Board is hereby revised
and amended to conform to the ~AA6 2009 International Building Code of the
International Code Council, Inc. except as amended by separate exhibit attached hereto
and is hereby adopted as the Building Code and forms a part of the Construction and
Fire Prevention Standards from the effective date hereof.
SECTION 14
28A6 2009 INTERNATIONAL FIRE CODE ADOPTED
The Fire Code of the Dallas-Fort Worth International Airport Board is hereby revised
and amended to conform to the ~A86 2009 International Fire Code of the International
Code Council, Inc. except as further amended by separate exhibit attached hereto and
is hereby adopted as the Fire Code and forms a part of the Construction and Fire
Prevention Standards from the effective date hereof.
SECTION 15
~80~ 2008 NATIONAL ELECTRICAL CODE ADOPTED
The Electrical Code of the Dallas-Fort Worth International Airport Board is hereby
revised and amended to conform to the ~ABa 2008 National Electrical Code (NEAP 70)
of the National Fire Protection Association
' , .except as amended by
separate exhibit attached hereto and together are hereby adopted as the Electrical
Code and form a part of the Construction and Fire Prevention Standards from the
effective date hereof.
SECTION 16
28A6 2009 INTERNATIONAL MECHANICAL CODE ADOPTED
The Mechanical Code of the Dallas-Fort Worth International Airport Board is hereby
revised and amended to conform to the ~ABf 2009 International Mechanical Code of the
International Code Council, Inc. except as amended by separate exhibit attached hereto
and is hereby adopted as the Mechanical Code and forms a part of the Construction
and Fire Prevention Standards from the effective date hereof.
SECTION 17
28A6 2009 INTERNATIONAL PLUMBING CODE ADOPTED
The Plumbing Code of the Dallas-Fort Worth International Airport Board is hereby
revised and amended to conform to the 29A6 2009 International Plumbing Code of the
International Code Council, Inc. except as amended by separate exhibit attached hereto
Part One -Construction and Fire Prevention Standards Resolution
Part One - Pg. 7
and is hereby adopted as the Plumbing Code and forms a part of the Construction and
Fire Prevention Standards from the effective date hereof.
SECTION 18
~AS6 2009 INTERNATIONAL FUEL GAS CODE ADOPTED
The Fuel Gas Code of the Dallas-Fort Worth International Airport Board is hereby
revised and amended to conform to the ~9A6 2009 International Fuel Gas Code of the
International Code Council, Inc. except as amended by separate exhibit attached hereto
and is hereby adopted as the Fuel Gas Code and forms a part of the Construction and
Fire Prevention Standards from the effective date hereof.
SECTION 19
~A86 2009 INTERNATIONAL ENERGY CONSERVATION CODE ADOPTED
The Energy Code of the Dallas-Fort Worth International Airport Board is hereby revised
and amended to conform to the ~9A6 2009 International Energy Conservation Code of
the International Code Council, Inc. except as amended by separate exhibit attached
hereto and is hereby adopted as the Energy Code and forms a part of the Construction
and Fire Prevention Standards from the effective date hereof.
SECTION 20
REQUIRED PERMITS
The following activities shall not be performed within the boundaries of the Dallas-Fort
Worth International Airport unless a permit for such work has first been obtained from
the building official.
1. Construction
2. Oil and Gas Exploration and Production
3. Erection or Alteration of Signs
Part One -Construction and Fire Prevention Standards Resolution
Part One - Pg. 8
SECTION 21
REQUIRED FEES
All construction projects for which construction permits are required are subject to a
construction permit fee and a plan review fee except where otherwise prohibited by law.
f,~a.~f"~~Fat+r}g aid-~a+ete~a^~~:,;~ or c°~°°~' f~~^~'°. All permit and plan
review fees shall be in accordance with the Construction Permit Fee Schedule found in
the DFW Schedule of Charges.
SECTION 22
LICENSES REQUIRED
Contractors providing the following work within the boundaries of Dallas-Fort Worth
International Airport shall be licensed respectively for the category of work performed as
regulated by the following:
28 TEX. ADMIN. CODE, Part 1, Subchapter E, Fire Extinguisher Rules § 34.511, Fire
Extinguisher Licenses
28 TEX. ADMIN. CODE, Part 1, Subchapter F, Fire Alarm Rules § 34.611, Licenses
28 TEX. ADMIN. CODE, Part 1, Subchapter G, Fire Sprinkler Rules § 34.710, Certificates
of Registration
The Air Conditioning and Refrigeration Contractor License Law, Title 8, Occupations
Code, Chapter 1302
The Plumbing License Law, Occupations Code, Chapter 1301
Irrigators. Occupations Code, Chapter 1903
Electricians, Title 8, Occupations Code, Chapter 1305
SECTION 23
ENFORCEMENT
The Building Official and Fire Chief shall enforce and execute all decisions and orders
of the BOA for which they are respectively responsible. Upon adoption by the Airport
Board and the City Councils of the Cities of Dallas and Fort Worth, this resolution shall
become effective and shall be enforceable in the municipal courts of a municipality
within whose boundaries a violation occurs.
Part One -Construction and Fire Prevention Standards Resolution
Part One - Pg. 9
SECTION 24
SPECIAL ENACTMENT
The provisions of this Resolution and the Codes which are a part hereof constitute a
special enactment in effect only within the boundaries of the Dallas-Fort Worth
International Airport, and are adopted in recognition of the unique and special
requirements connected with the planning, building, improvement, maintenance,
operation, regulation, protection and policing of the Dallas-Fort Worth International
Airport. Neither the Resolution nor the Codes shall be construed to waive or set aside
any provisions contained in any law of the State of Texas.
SECTION 25
CONFLICTING PROVISIONS
This resolution shall be cumulative of all provisions of previous actions of the Airport
Board except where the provisions of this resolution are in direct conflict with the
provisions of previous Board Actions, in which event conflicting provisions of such
previous Board Actions are hereby repealed.
SECTION 26
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the Airport Board that the sections,
paragraphs, sentences, clauses and phrases of this resolution are severable, and if any
phrase, clause, sentence, paragraph or section of this resolution shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this resolution, since the same would have been
enacted by the Airport Board without the incorporation in this resolution of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 27
PENAL CLAUSE
Section 8.F. of the 1968 Contract and Agreement, as amended, between the City of
Dallas, Texas and the City of Fort Worth, Texas, provides that the Dallas-Fort Worth
International Airport Board shall have the power, by a duly adopted order, to adopt and
enforce rules and regulations for the orderly, safe efficient and sanitary operation of the
airport and to prescribe penalties for the breach of any rule or regulation not to exceed
the maximum fines authorized by state law. State law currently authorizes fines of up to
$500 for all violations of the airport's rules and regulations, except for those violations
relating to fire safety, public health and sanitation, or the dumping of refuse, for which
the maximum fine is $2,000, and except when another fine is fixed by state law. Each
day that a violation is permitted to exist shall constitute a separate offense.
Part One -Construction and Fire Prevention Standards Resolution
Part One - Pg. 10
SECTION 28
SAVINGS CLAUSE
All rights and remedies of the Airport Board are expressly saved as to any and all
violations of the provisions of the Building Code, the Fire Code or any other codes
affecting construction or fire prevention which have accrued at the time of the effective
date of this resolution and, as to such accrued violations and all pending litigation, both
civil and criminal, whether pending in court or not, under such codes, same shall not be
affected by this resolution but may be prosecuted until final disposition by the courts.
SECTION 29
PUBLICATION
The Building Official is hereby authorized to publish this resolution in pamphlet form for
general distribution among the public, and the operative provisions of this resolution as
so published shall be admissible in evidence in all courts without further proof than the
production thereof. The Building Official is hereby directed to publish a caption of this
Resolution which summarizes the purposes thereof for two (2) days in major
newspapers of the Cities of Dallas and Fort Worth Texas, as authorized by V.T.C.A.,
Local Government Code '52.013.
SECTION 30
EFFECTIVE DATE
This resolution shall be in full force and effect from and after its passage and publication
as required by law and it is so ordained.
Part One -Construction and Fire Prevention Standards Resolution
Part One - Pg. 11
PART TWO -BUILDING CODE AMENDMENTS
SECTION 101
GENERAL
Delete Section 101.1 and substitute the following:
101.1 Title. The 2009 International Building Code as amended herein is the Building
Code of Dallas-Fort Worth International Airport. References to the International Buildinq
Code shall be construed to reference the Buildinq Code as adopted herein with its local
amendments.
Amend Section 101.4 to read as follows:
101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.6
(except 101.4.4) and referenced elsewhere in this code, when specifically adopted, shall
be considered part of the requirements of this code to the prescribed extent of each
such reference.
SECTION 102
EXISTING STRUCTURES
Amend Section 102.6 to read as follows:
102.6 Existing structures. The legal occupancy of any structure existing on the date
of adoption of this code shall be permitted to continue without change, except as
specifically covered in this code~"° ~~+or^°+,,,~~~ or„ror+„ nn,;,,+on~n..e r„,~o or the
Fire Code, or as is deemed necessary by the building official for the general safety and
welfare of the occupants and the public.
SECTION 103
DEPARTMENT OF BUILDING SAFETY
Amend Section 103.1 as follows:
103.1 Creation of enforcement agency. The Department of Building Safety is hereby
created, and the official in charge thereof shall be known as the building official.
References to the Department of Buildinq Safety shall mean the Code Compliance
Section of the Airport Development and Engineering Department.
Part Two -Building Code Amendments
Part Two - Pg. 1
SECTION 105
PERMITS
Amend Section 105.1 as follows:
105.1 Required. Refer to Part One, Section 20 for general permit requirements. Any
owner or authorized agent who intends to construct, enlarge, alter, repair, move
demolish or change the occupancy of a building or structure, or to erect, install, enlarge,
alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing
system, the installation of which is regulated by this code, or to cause any such work to
be done, shall first make application to the building official and obtain the required
permit.
Delete Sections 105.1.1, Annual permit and Section 105.1.2, Annual permit records.
Amend Section 105.2 by deleting Building items 1 - 6 and renumbering remaining items
as shown, and by deleting the second paragraph under Electrical as shown:
105.2 Work exempt from permit. Exemptions from permit requirements of this code
shall not be deemed to grant authorization for any work to be done in any manner
in violation of the provisions of this code or any other laws or ordinances of this
jurisdiction. Permits shall not be required for the following:
Building:
l
S
- nrlm
~r~e TPPfR
s
~
^
~
~
....
;
~ ,, ,'~7
G
~7~.~
~"RY
CU
`brG.?
nn~ cvncorl 'I')(1 c n~ ~ .~re fcc+ /'I 1 rr~2\
rrvc ~
nn for it f^c} /'I I] mm\ in hoi~nhrt=
4. cP~ta+p+RQ~atl~~#at-~r~-rrvt $1r~T~ Tccr-~r2-~
,,''~~,,,II ,.}',~ e
tf7-li ~. S~A~ a-~z+'-rr6r ar~ o nc-crT= rt~~u~} i r~ ~-v I a~~ I 11 n r 1 I ~
Part Two -Building Code Amendments
Part Two - Pg. 2
1. Painting, papering, tiling, carpeting, cabinets, counter tops and
similar finish work if installation of such is a replacement in like kind
and when not associated with other construction work.
2. Temporary motion picture, television and theater stage sets and
scenery.
3. Prefabricated swimming pools accessory to a Group R-3 occupancy,
as applicable in Section 101.2, which are less than 24 inches (610
mm) deep, do not exceed 5,000 gallons (18,925 L) and are installed
entirely above ground.
4. Shade cloth structures constructed for nursery or agricultural
purposes, not including service systems.
5. Swings or other playground equipment accessory to one- and two-
family dwellings.
6. Window awnings supported by an exterior wall that do not project
more than 54 inches (1372 mm) from the exterior wall and do not
require additional support of Group R-3 and U occupancies.
7. Nonfixed and movable fixtures, cases, racks, counters and partitions
not over 5 feet 9 inches (1753 mm) in height, except in Airport
terminal buildings.
Electrical:
Repairs and maintenance: Minor repair work, including the replacement of
lamps or the connection of approved portable electrical equipment to approved
permanently installed receptacles.
The remainder of Section 105.2 shall be unchanged.
SECTION 106
FLOOR AND ROOF DESIGN LOADS
Amend Section 106.1 to read as follows:
Part Two -Building Code Amendments
Part Two - Pg. 3
106.1 Live loads posted. Where the live loads for which each floor or portion thereof of
a commercial or industrial building is or has been designed to exceed 50 psf (2.40
kN/mZ), such design five toads, when required by the building official, shall be
posted by the owner in that part of each story in which they apply, using
durable signs. It shaft be unlawful to remove or deface such notices.
SECTION 109
FEES
Amend Section 109.2 to read as follows:
109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical,
and plumbing systems or alterations requiring a permit, a fee for each permit shall be
paid as required, in accordance with the ssn°~'~~~e-s °°+~a~'s" h„ +h° ~...,r,.,h~°
. Construction Permit Fee Schedule found in the DFW Airport
Schedule of Charges.
SECTION 111
CERTIFICATE OF OCCUPANCY
Amend Section 111.2 to read as follow:
111.2 Certificate issued. After the building official inspects the building or structure
and finds no violations of this code or other laws that are enforced by the department of
building safety, the building official shall issue a certificate that contains, as deemed
necessary, the following:
[remainder of section to remain]
SECTION 113
BOARD OF APPEALS
Amend Section 113 to read as follows:
Section 113 -Board of Appeals Refer to Part One, Construction and Fire Prevention
Standards Resolution for Board of Appeals.
SECTION 114
VIOLATIONS
Add the following sentence at the bottom of Section 114.4:
Part Two -Building Code Amendments
Part Two - Pg. 4
Refer to Part One, Construction and Fire Prevention Standards Resolution Section 27
Penal Clause.
SECTION 202
DEFINITIONS
Following the definition of ADDITION, add the following definition:
ADDRESSABLE FIRE DETECTION SYSTEM. Anv fire alarm svstem capable of
providing identification of each individual alarm-initiating device. The identification shall
be in clear English and shall identify the type and location of the device in alarm. The
system shall have the ability of alarm verification.
Following the definition of AGRICULTURE BUILDING, add the following definition:
AIRPORT. Airport is the area within the boundaries of the Dallas-Fort Worth
International Airport.
Following the definition of ALTERNATING TREAD DEVICE, add the following
definition:
ANALOG INTELLIGENT ADDRESSABLE FIRE DETECTION SYSTEM. Anv svstem
capable of calculating a change in value by directly measurable quantities (voltage
resistance, etc.) at the sensing point. The physical analog may be conducted at the
sensing point or at the main control panel. The system shall be capable of
compensating for long-term changes in sensor response while maintaining a constant
sensitivity. The compensation shall have a preset point at which a detector maintenance
signal shall be transmitted to the control panel. The sensor shall remain capable of
detecting and transmitting an alarm while in maintenance alert.
Amend the definition of High-Rise Building as follows:
HIGH-RISE BUILDING. A building with an occupied floor located more than' {~_
~6A-rte) 55 feet (16 764 mm) above the lowest level of fire department vehicle access.
SECTION 402
COVERED MALLS AND OPEN MALL BUILDINGS
Amend section 402.4.4 as follows: (add exception.)
402.4.4 Distance to exits. Within each individual tenant space in a covered mall
building, the maximum distance of travel from any point to an exit or entrance to the
mall shall not exceed 200 feet (60 960 mm).
Part Two -Building Code Amendments
Part Two - Pg. 5
Exception: The terminal buildings in existence and in operation on the date of adoption
of this code shall be allowed to maintain a maximum 250 feet travel distance to an exit.
Amend section 402.4.5, as follows: (add second exception)
402.4.5 Access to exits. Where more than one exit is required, they shall be so
arranged that it is possible to travel in either direction from any point in a mall to
separate exits. The minimum width of an exit passageway or corridor from a mall shall
be 66 inches (1676mm).
Exception:
1. Dead ends not exceeding a length equal to twice the width of the mall
measured at the narrowest location within the dead-end portion of the mall.
2. The terminal buildings in existence and in operation on the date of adoption of
this code shall be allowed to retain the exit configuration currently in operation.
Any changes in this configuration shall meet the above criteria.
Amend section 402.5 as follows: (add second paragraph).
402.5 Mall width. For the purpose of providing required egress, malls are permitted to
be considered as corridors but need not comply with the requirements of Section 1005.1
of this code where the width of the mall is as specified in this section.
The terminal buildings in existence and in operation on the date of adoption of this code
shall consider the main concourse circulation path as the mall width.
Amend section 402.5.1 as follows: (add exception)
402.5.1 Minimum width. The minimum width of the mall shall be 20 feet (6096mm).
The mall width shall be sufficient to accommodate the occupant load served. There
shall be a minimum of 10 feet (3048mm) clear exit width to a height of 8 feet (2438mm)
between any projection of a tenant space bordering the mall and the nearest kiosk,
vending machine, bench, display opening, food court or other obstruction to a means of
egress travel.
Exception: The terminal buildings in existence and in operation on the date of
adoption of this code shall be allowed to maintain not less than the exit width
already in existence. At the time of any reconstruction of a kiosk or other
obstruction, the above criteria shall be applied.
Part Two -Building Code Amendments
Part Two - Pg. 6
Amend section 402.7.2 as follows: (add exceptions)
402.7.2 Tenant separations. Each tenant space shall be separated from other tenant
spaces by a fire partition complying with Section 709. A tenant separation wall is not
required between any tenant space and the mall.
Exceptions:
1. All tenants whose activities are directly related to terminal operations and
purpose. This shall include, but not be limited to airline ticketing, airline offices,
baggage handling, and pate operations.
2. Concession tenants within transportation terminals that use acommon-open
return air svstem for the HVAC when approved by the Building Official.
3. Food courts shall be considered one tenant.
SECTION 403
HIGH-RISE BUILDINGS
Amend Section 403.1 by adding Exception 6 as follows:
Exceptions:
6. Train platforms for fixed guideway transit systems in accordance with
Section 412.9.
SECTION 412
AIRCRAFT RELATED OCCUPANCIES
Add new section 412.8 as follows:
412.8 Aircraft fueling ramp drainage and aircraft loading walkways. Except for
references to airport terminal buildings, comply with NFPA 415, 2008 Edition for aircraft
fueling ramp drainage and aircraft loading walkways.
Exceptions:
Attached or adjacent fixed loading walkways, pate houses and similar
structures accessory to airport terminal buildings may be constructed
of Tvpe II-A Construction, provided the floor area of individual
structures does not exceed 500 square feet. An approved automatic
sprinkler svstem in accordance with Section 903.3.1.1 shall be allowed
to be substituted for 1-hour fire-resistance-rated construction. If the
automatic sprinkler svstem substitution is provided, exterior walls of
such structures shall not be required to be of 1-hour fire-resistance-
rated construction and openings in such walls shall not be required to
be protected.
Part Two -Building Code Amendments
Part Two - Pg. 7
2. Canopies over baggage conveyors attached to or adjacent to airport
terminal buildings may be of Type II-B Construction.
Add new section 412.9 as follows:
412.9 Fixed guideway transit systems. Fixed guideway transit systems shall comply
with NFPA 130. 2010 Edition.
SECTION 903
AUTOMATIC SPRINKLER SYSTEMS
Delete exception in Section 903.2 for spaces and areas in telecommunications
buildings.
Amend Section 903.2.11.3 to read as follows and delete two exceptions:
[F] 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, that is located 55
feet (16 764 mm) or more above the lowest level of fire department vehicle access.
Exceptions:
Open parking structures.
Add Section 903.2.11.7 as follows:
[Fl 903.2.11.7 High-piled combustible storage. For any building with a clear height
exceeding 12 feet (4572 mm), see Chapter 23 of the International Fire Code to
determine if those provisions apply.
Add Section 903.2.11.8 as follows:
fFl 903.2.11.8 Buildings with floor areas exceeding 4,000 square feet. An
automatic sprinkler system shall be installed throughout all buildings with a building area
exceeding 4,000 square feet. For purposes of this provision, fire walls shall not define
separate buildings.
Part Two -Building Code Amendments
Part Two - Pg. 8
Exception:
1. Open parking garages
Add Section 903.2.11.9 as follows:
[Fl 903.2.11.9 Self-service storage facilities. An approved automatic sprinkler system
shall be installed throughout all self-storage facilities.
Exception:
Open parking garages
SECTION 907
FIRE ALARM AND DETECTION SYSTEMS
Add the following two paragraphs after the exceptions under Section 907.2:
All buildings or occupancies, occupied, operated, maintained or monitored by the
Dallas-Fort Worth International Airport Board shall have a complete operational manual
and automatic fire alarm system in accordance with this code. The system shall be
designed and installed in accordance with the DFW Airport Design Criteria Manual and
applicable standards.
All buildings or occupancies other than those described in the preceding paragraph
hereafter constructed or moved on to the airport and having a total floor area of 1 000
square feet or more, regardless of height or occupant load shall have a complete
operational manual and automatic fire alarm system in accordance with the
requirements of this code.
Exceptions:
1. Open parking garages may use other approved means for fire
department notification.
2. Temporary structures or buildings erected for less than 365 days
when approved by the fire chief.
Amend Section 907.2.1.1 to read as follows:
Part Two -Building Code Amendments
Part Two - Pg. 9
[F] 907.2.1.1 System initiation in Group A occupancies with an occupant load of
1,000 or more. Activation of the fire alarm in Group A occupancies with an occupant
load of 1,000 or more shall initiate a signal using an emergency voice/alarm
communications system in accordance with NFPA 72.
Exceptions:
1 Where approved, the prerecorded announcement is allowed to be manually
deactivated for a period of time, not to exceed 3 minutes, for the sole purpose
of allowing a live voice announcement from an approved, constantly attended
location.
2 Where approved by the code official in airport terminal buildings, and where
the fire alarm is monitored directly by the Dallas/Fort Worth International
Airport Board Department of Public Safety, the activation of the fire alarm
notification signal shall be manually initiated by emergency responders.
Amend Section 907.2.13 as follows with the exceptions unchanged:
[F] 907.2.13 High-rise buildings. Buildings having floors used for human occupancy
located more than ~ 55 feet ~'" Q~^ mm` (16 764 mm) above the lowest level of fire
department vehicle access shall be provided with an automatic smoke detection system
in accordance with Section 907.2.13.1, a fire department communication system in
accordance with Section 907.2.13.2 and an emergency voice/alarm communication
system in accordance with Section 907.5.2.2.
Amend Section 907.4.2 by to read as follows:
[F] 907.4.2 Manual fire alarm boxes. Where a manual fire alarm system is required
by another section of this code, it shall be activated by fire alarm boxes installed in
accordance with Sections 907.4.2.1 through 907.4.2.5. M_ anual alarm actuating devices
shall be an approved double action type.
Amend Section 907.4.2.1 to read as follows:
[F] 907.4.2.1 Location. Manual fire alarm boxes shall be located not more than 5 feet
(1524 mm) from the entrance to each exit.
tF~~iemma~~~`d~e~tia~-iTrF~lT~tun~~~~he ne~rc~+ h~v i-Ir~ve• nn4 cvncoiJ 'inn foo+ /R (1 ~R11
'T"T'T
Part Two -Building Code Amendments
Part Two - Pg. 10
SECTION 1003
GENERAL MEANS OF EGRESS
Add Exception 4 under Section 1003.5 to read as follows:
4-. At entrances to mechanical penthouses from roofed areas, the door sill
elevation may be up to 8 inches (203 mm) above the elevation of the
landing on either or both sides of the door.
SECTION 1004
OCCUPANT LOAD
Add Exception to Section 1004.3 to read as follows:
Exception:
Assembly occupancies within airport terminal buildings are not required to have
the occupant load posted unless required by the Building Official.
SECTION 1008
DOORS, GATES, AND TURNSTILES
Amend Section 1008.1.9.9 title and add second paragraph.
1008.1.9.9 Locking arrangements in correctional facilities and high security
hallways in transportation terminals. In occupancies in Groups A-2, A-3, A-4, B, E,
F, I-2, M and S within correctional and detention facilities, doors in means of egress
serving rooms or spaces occupied by persons whose movement are controlled for
security reasons shall be permitted to be locked when equipped with egress control
devices which shall unlock manually and by at least one of the following means:
1. Activation of an automatic sprinkler system installed in accordance with Section
903.3.1.1;
2. Activation of an approved manual alarm box; or
3. A signal from a constantly attended location.
Doors providing access to high security hallways, such as employee portals within
transportation terminals may be permitted to be locked when equipped with egress
control devices which shall unlock manually and by at least one of the means listed
above when approved by the building official and fire chief.
Part Two -Building Code Amendments
Part Two - Pg. 11
SECTION 1022
EXIT ENCLOSURES
Amend Section 1022.9 as follows:
10.22.9 Smokeproof enclosures and pressurized stairways. In buildings required to
comply with Section 403 or 405, each of the exit enclosures serving a story with a floor
surface located more than ~5 55 feet ~~~ Qan .,,.,,\ (16 764 mm~ above the lowest level
of fire department vehicle access or more than 30 feet (9144 mm) below the finished
floor of a level of exit discharge serving such stories shall be a smokeproof enclosure or
pressurized stairway in accordance with Section 909.20.
Exception:
Fixed guideway train stations.
SECTION 1024
LUMINOUS EGRESS PATH MARKINGS
Amend Section 1024.1, General, and add Exception #3.
1024.1 General. Approved luminous egress path markings delineating the exit path
shall be provided in buildings of Groups A, B, E, I, M and R-1 having occupied floors
located more than ~5 55 feet ~~~ Qan W,r,-,\ (16 764mm) above the lowest level of fire
department vehicle access in accordance with Sections 1024.1 through 1024.5.
Exceptions:
3. Train platforms for fixed guideway transit systems in accordance withSection
412.9.
CHAPTER 11
ACCESSIBILITY
Replace Chapter 11 as follows:
Spaces and elements of buildings and facilities shall be designed and constructed to
standards consistent with the Texas Accessibility Standards as administered by the
Texas Department of Licensing and Regulation, except for the following_
Part Two -Building Code Amendments
Part Two - Pg. 12
Unisex toilet rooms. Assembly areas shall be provided with one unisex toilet room for
each instance where the total fixture count (water closets and urinals) in a set of men
and women's toilet rooms exceeds 20 fixtures. In assembly areas of airport terminal
buildings, one unisex toilet room shall be provided in each instance where the total
fixture count (water closets and urinals) in a set of men and women's toilet rooms
exceeds 6 fixtures. The unisex toilet room shall be located adjacent to the men and
women's toilet rooms, which are used to determine that the unisex toilet room is
required.
SECTION 3002
HOISTWAY ENCLOSURES
Amend Section 3002.4 to read as follows:
3002.4 Elevator car to accommodate ambulance stretcher. Where elevators are
provided in buildings four or more stories above grade plane or four or more stories
below grade plane, at least one elevator shall be provided for fire department
emergency access to all floors. The elevator car shall be of such size and arrangement
to accommodate a 24- 31- by ~4- 90-inch X788 mm by 2068 mm)
ambulance stretcher in the horizontal open position and shall be identified by the
international symbol for emergency medical services (star of life). The symbol shall not
be less than 3 inches (76 mm) high and shall be placed inside on both sides of the
hoistway door frame.
CHAPTER 35
REFERENCED STANDARDS
Amend the NFPA standard reference number for National Fire Alarm Code as follows:
NFPA
Standard Reference Number 72-~~ 72-07 National Fire Alarm Code
ADOPTION OF APPENDIX CHAPTER H
SIGNS
Appendix Chapter H -Signs is specifically adopted as part of the Building Code.
Amend Section H 101.2 as follows:
Part Two -Building Code Amendments
Part Two - Pg. 13
H- 101.2 Signs exempt from permits. The following signs are exempt from the
requirements to obtain a permit before erection:
1. Signs erected by transportation authorities.
Drnic ~' c•i n~ nn4 nn 7 ~. ens ~~re fee4 /(1 rri2\
4-: r-rvJc6rlf~~~T~rr.~zrvr$iE~~lrr~~~-v-~c1uurc~ccr-~v-~zrrj
2. The changing of movable parts of an approved sign that is designed for such
changes, or the repainting or repositioning of display matter shall not be deemed
an alteration.
Part Two -Building Code Amendments
Part Two - Pg. 14
PART THREE -FIRE CODE AMENDMENTS
SECTION 101
SCOPE AND GENERAL REQUIREMENTS
Amend Section 101.1 to read as follows:
101.1 Title. The 2009 International Fire Code as amended herein is the Fire Code of
Dallas-Fort Worth International Airport. References to International Fire Code
shall be construed to reference the Fire Code as adopted herein with its local
amendments.
SECTION 102
APPLICABILITY
Amend Section 102.7 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 47 and such codes and standards, when
specifically adopted, shall be considered part of the requirements of this code to the
prescribed extent of each such reference. Where differences occur between the
provisions of this code and the referenced standards, the provisions of this code shall
apply. Whenever amendments have been adopted to the referenced codes and
standards, each reference to said code and standard shall be considered to reference
the amendments as well.
SECTION 103
DEPARTMENT OF FIRE PREVENTION
Amend Section 103.1 as follows:
103.1 General. The department of fire prevention is established within the jurisdiction
under the direction of the fire code official. The function of the department shall be the
implementation, administration and enforcement of the provisions of this code.
References to the department of fire prevention shall mean the Department of Public
Safety, Fire Prevention and Planning Office.
Part Three -Fire Code Amendments
Part Three - Pg. 1
SECTION 105
PERMITS
Amend Section 105.6.6 to read as follows:
105.6.6 Combustible dust-producing operations. Combustible dust-producing
operations, as defined in this code, shall be prohibited within the airport.
Amend Section 105.6.18 to read as follows:
105.6.18 Fruit and crop ripening. Fruit and crop ripening operations using ethylene
or other flammable gases shall be prohibited within the airport.
Delete exception for Recreational fires in Section 105.6.30.
Amend Section 105.6.33 to read as follows:
105.6.33 Organic coatings. The manufacturing of organic coatings, as defined in this
code, shall be prohibited within the airport.
Amend Section 105.6.37 as follows:
105.6.37 Pyroxylin plastics. An operational permit is required for storage or handling
of any amount of cellulose nitrate (pyroxylin) plastics and for the assembly or
manufacture of articles involving pyroxylin plastics.
SECTION 107
MAINTENANCE
Add a second paragraph under Section 107.2.2 to read as follows:
Part Three -Fire Code Amendments
Part Three - Pg. 2
Fees for re-inspections or for inspections outside of normal business hours shall be
reimbursed as required by the fire chief in accordance with the DFW Airport Schedule of
Charges, Development Charges.
SECTION 108
BOARD OF APPEALS
Amend Section 108 to read as follows:
108 Board of appeals. Refer to Part One, Construction and Fire Prevention
Standards Resolution for Board of Appeals.
SECTION 109
VIOLATIONS
Amend Section 109.3 to read as follows:
109.3 Violation penalties. Refer to Part One, Construction and Fire Prevention
Standards Resolution. Section 27. Penal Clause.
SECTION 202
DEFINITIONS
Following the definition of ACCESSIBLE ROUTE, add the following definition:
ADDRESSABLE FIRE DETECTION SYSTEM. Any fire alarm svstem capable of
providing identification of each individual alarm-initiating device. The identification shall
be in clear English and shall identify the type and location of the device in alarm. The
system shall have the ability of alarm verification.
Following the definition of AMMONIUM NITRATE, add the following definition:
ANALOG INTELLIGENT ADDRESSABLE FIRE DETECTION SYSTEM. Any svstem
capable of calculating a change in value by directly measurable quantities (voltage,
resistance, etc.) at the sensing point. The physical analog may be conducted at the
sensing point or at the main control panel. The system shall be capable of
compensating for long-term changes in sensor response while maintaining a constant
sensitivity. The compensation shall have a preset point at which a detector maintenance
signal shall be transmitted to the control panel. The sensor shall remain capable of
detecting and transmitting an alarm while in maintenance alert.
Following the definition of HIGH PILED STORAGE AREA, add the following definition:
Part Three -Fire Code Amendments
Part Three - Pg. 3
HIGH-RISE BUILDINGS. Buildings with a floor used for human occupancy located
more than 55 feet (16 764 mm) above the lowest level of fire department vehicle
access.
Following the definition of SELF-SERVICE MOTOR FUEL-DISPENSING FACILITY add
the following definition:
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 aself-service basis.
SECTION 307
OPEN BURNING, RECREATIONAL FIRES AND PORTABLE OUTDOOR
FIREPLACES
Amend Section 307.4.1 to read as follows:
307.4.1 Bonfires. Bonfires shall be prohibited within the airport.
SECTION 503
FIRE APPARATUS ACCESS ROADS
Amend Section 503.2.1 to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of
not less than ~9 22 feet {~~} (6706 mm), exclusive of shoulders, except for
approved security gates in accordance with Section 503.6, and an unobstructed vertical
clearance of not less than ~ ~ foo+ a innho~ 14 feet {4a-~n~ (4267 mm).
SECTION 507
FIRE PROTECTION WATER SUPPLIES
Replace Section 507.5.1 with the following:
507.5.1 Where required. The location, number and type of fire hydrants connected to
a water supply capable of delivering the required fire flow shall be provided on the
public street or on the site to be protected or both as required by the fire chief. Fire
hydrants shall be installed at intervals not to exceed 250 feet (76 200 mm) along new
roadways, and at such locations that no part of a building exterior wall is in excess of a
hos_e_lay, 300 feet (91 440 mm) in length from the hydrant as measured along an
approved route around the exterior of the building.
Part Three -Fire Code Amendments
Part Three - Pg. 4
SECTION 903
AUTOMATIC SPRINKLER SYSTEMS
Amend Section 903.2.11.3 to read as follows:
903.2.11.3 Buildings more than 55 feet 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 Building Code,
e that is located more than 55 feet (16 764 mm) or more above the lowest level of
fire department vehicle access.
Exceptions:
2- Open parking structures.
Add Section 903.2.11.7 as follows:
903.2.11.7 High-piled combustible storage. For any building with a clear height
exceeding 12 feet (4572 mm), see Chapter 23 to determine if those provisions apply.
Add Section 903.2.11.8 as follows:
903.2.11.8 Buildings with a floor area exceeding 4,000 square feet. An automatic
sprinkler system shall be installed throughout all buildings with a building area
exceeding 4,000 square feet. For the purpose of this provision, fire walls shall not
define separate buildings.
Exception:
Open parking garages.
Add Section 903.2.11.9 as follows:
903.2.11.9 Self-service storage facilities. An approved automatic sprinkler system
shall be installed throughout all self-storage facilities.
Part Three -Fire Code Amendments
Part Three - Pg. 5
SECTION 907
FIRE ALARM AND DETECTION SYSTEMS
Add the following two paragraphs after the exceptions under Section 907.2.
All buildings or occupancies, occupied, operated, maintained or monitored by the
Dallas-Fort Worth International Airport Board shall have a complete operational manual
and automatic fire alarm system in accordance with this code. The system shall be
designed and installed in accordance with the DFW Airport Design Criteria Manual and
applicable standards.
All buildings, other than those described in the preceding paragraph, hereafter
constructed or moved on to the airport and having a total floor area of 1,000 square feet
or more, regardless of height or occupant load, shall have a complete operational
manual and automatic fire alarm system in accordance with the occupancy
requirements of this code.
Exceptions:
Open parking garages may use other approved means for fire
department notification.
2. Temporary structures or buildings erected for less than 365 days when
approved by the AHJ.
Amend Section 907.2.13, with exceptions remaining as is, to read as follows:
907.2.13 High-rise buildings. Buildings having floors used for human occupancy
located more than ~5 55 feet '''~ (16 764 mm) above the lowest level of fire
department vehicle access shall be provided with an automatic smoke detection system
in accordance with Section 907.2.13.1, a fire department communication system in
accordance with Section 907.2.13.2 and an emergency voice/alarm communication
system in accordance with Section 907.6.2.2.
Amend Section 907.5.2 to read as follows:
907.5.2 Manual fire alarm boxes. Where a Manual fire alarm system is required by
another section of this code, it shall be activated by fire alarm boxes installed in
accordance with sections 907.5.2.1 through 907.5.2.5. Manual alarm actuating devices
shall be of an approved double action type.
Part Three -Fire Code Amendments
Part Three - Pg. 6
Amend Section 907.5.2.1 to read as follows:
907.5.2.1 Location. Manual fire alarm boxes shall be located not more than 5 feet
(1524 mm) from the entrance to each exit. o~r,i+i„^r+l .,,.,r,,,..1 fire .,I.,rm hr,voa h-+II ho
Ir~n~+vrJ an +h.++ +ho }r..~icl rlie•~~6.e-t~e nc~roc~} hr~v rhea n~+ ovnoor) Inn foo+ ~C.n ~Rn
m~\ G-l"fCeGCr a~JT{707rCt0Ce~7TfOTG7000raO-LGVTraGT~VOV
"" "/'
Amend Section 907.6 by adding Exception #2:
Exception:
1. Where notification systems are allowed elsewhere in Section 907 to
annunciate at a constantly attended location.
2. Where approved by the code official in airport terminal buildings and
where the fire alarm is monitored directly by the Dallas/Fort Worth
International Airport Board, Department of Public Safety, the activation of
the fire alarm notification signal shall be manually initiated by emergency
responders.
SECTION 1003
GENERAL MEANS OF EGRESS
Amend Section 1003.5 by adding Exception #4 to read as follows:
4. At entrances to mechanical penthouses from roofed areas the door sill
elevation may be up to 8 inches (203 mm) above the elevation of the
landing on either or both sides of the door.
SECTION 1004
OCCUPANT LOAD
Amend Section 1004.3 to read as follows:
[B] 1004.3 Posting of occupant load. Every room or space that is an assembly
occupancy shall have the occupant load of the room or space posted in a conspicuous
place, near the main exit or exit access doorway from the room or space. Posted signs
shall be of an approved legible permanent design and shall be maintained by the owner
or authorized agent. Assembly occupancies within airport terminal buildings are not
required to have the occupant load posted unless required by the Building Official.
Part Three -Fire Code Amendments
Part Three - Pg. 7
SECTION 1022
EXIT ENCLOSURES
Amend Section 1022.9 as follows:
1022.9 Smokeproof enclosures and Pressurized Stairways. In buildings required to
comply with Section 403 or 405 of the International Building Code, each of the exit
enclosures serving a story with a floor surface located more than 75 55 feet "~-8G6~)
(16 764 mm) above the lowest level of fire department vehicle access or more than 30
feet (9144 mm) below the finished floor of a level of exit discharge serving such stories
shall be a smokeproof enclosure or pressurized stairway in accordance with Section
909.20 of the International Building Code.
Exception:
Fixed guideway train stations.
SECTION 2705
USE, DISPENSING AND HANDLING
Add a second paragraph under Section 2705.1.8 to read as follows:
Gas cabinets, exhaust enclosures and exhaust ducts with a cross sectional dimension
of 10 inches (255 mm) or greater shall be internally sprinklered.
SECTION 3301
GENERAL
Amend Section 3301.1 as follows:
3301.1 Scope. The provisions of this chapter shall govern the possession,
manufacture, storage, handling, sale and use of explosives, explosive materials, and
small arms ammunition. The manufacture and sale of explosives, explosive materials,
and small arms ammunition shall be prohibited within the airport.
Amend Section 3301.2.4 to read as follows:
3301.2.4 Financial responsibility. Before a permit is issued, as required by Section
3301.2, the applicant shall file with the jurisdiction a corporate surety bond in the
principal sum of $1-A8,99A $1,000,000 or a public liability insurance policy for the same
amount, for the purpose of the payment of all damages to persons or property which
Part Three -Fire Code Amendments
Part Three - Pg. 8
arise from, or are caused by, the conduct of any act authorized by the permit upon
which any judicial judgment results. The fire code official is authorized to specify a
greater or lesser amount when, in his or her opinion, conditions at the location of use
indicate a greater or lesser amount is required. Government entities shall be exempt
from this bond requirement.
SECTION 3406
SPECIAL OPERATIONS
Add Section 3406.1.3.3 to read as follows:
3406.3.1.3.3 Natural gas pipeline setback from buildings. No building hereinafter
erected shall be located within 50 feet (15 240 mm) of a natural gas gathering pipeline.
SECTION 3703
HIGHLY TOXIC AND TOXIC SOLIDS AND LIQUIDS
Amend Section 3703.2.5 by adding an exception:
Exception:
Sprinklers are not required for certain water reactive materials when
sprinklers would not be effective in controlling the fire.
CHAPTER 47
REFERENCED STANDARDS
Amend the NFPA standard reference number as follows:
Standard Reference Number 13-10 -NFPA 13, Standard for the Installation of Sprinkler
Systems, 2010 edition
Standard Reference Number 14-10 -NFPA 14, Standard for the Installation of
Standpipe, Private Hydrants, and Hose Systems, 2010 edition
Standard Reference Number 72-10 -NFPA 72, National Fire Alarm and Signaling
Code. 2010 Edition
ADOPTION OF APPENDIX CHAPTERS
The following appendix chapters are specifically adopted as part of the Fire Code.
Appendix B Fire Flow Requirements for Buildings
Part Three -Fire Code Amendments
Part Three - Pg. 9
Appendix C Fire Hydrant Locations and Distribution (Except hydrant
spacing as required by Section 507.5.1.)
Appendix D Fire Apparatus Access Roads (except that minimum width of fire
apparatus access roads shall be in accordance with Section
503.2.1 of the Fire Code)
Appendix G Cryogenic Fluids -Weight and Volume Equivalents
Appendix J Emergency Responder Radio Coverage
Part Three -Fire Code Amendments
Part Three - Pg. 10
PART FOUR -ELECTRICAL CODE AMENDMENTS
ARTICLE 89
TITLE
Create Article 89 Title including the following sections:
89.1 Title. The 2008 National Electrical Code (NFPA 70) as amended herein is the
Electrical Code of Dallas-Fort Worth International Airport.
89.2 Creation of enforcement ag ency. The department of electrical inspection is
hereby created and the official in charge thereof shall be known as the building official.
The function of the department shall be to assist the building official in the
administration and enforcement of the provisions of this code. References to the
department of electrical inspection shall mean the Code Compliance Section of the
Airport Development and Engineerin g Dep artment.
89.3 Schedule of permit fees. Refer to Part Two, Building Code Amendments,
Section 109 for fees.
89.4 Penalties. Refer to Part One, Construction and Fire Prevention Standards
Resolution, Section 27, Penal Clause.
89.5 Means of Appeal. Refer to Part One, Construction and Fire Prevention Standards
Resolution for Board of Appeals.
Part Four -Electrical Code Amendments
Part Four - Pg. 1
PART FIVE -MECHANICAL CODE AMENDMENTS
SECTION 101
GENERAL
Replace Section 101.1 with the following:
101.1 Title. The 2009 International Mechanical Code as amended herein is the
Mechanical Code of Dallas-Fort Worth International Airport. References to the
International Mechanical Code shall be construed to reference the Mechanical Code as
adopted herein with its local amendments.
SECTION 103
DEPARTMENT OF MECHANICAL INSPECTION
Amend Section 103.1 as follows:
103.1 General. The department of mechanical inspection is hereby created and the
executive official in charge thereof shall be known as the cede buildin official.
References to the department of mechanical inspection shall mean the Code
Compliance Section of the Airport Development and Engineering Department.
SECTION 106
PERMITS
Replace Section 106.5.2 with the following:
106.5.2 Fee schedule. Refer to Part Two, Building Code Amendments, Section 109 for
fees.
Replace Section 106.5.3 with the following:
106.5.3 Fee refunds. The building official is authorized to establish a refund policy.
Part Five -Mechanical Code Amendments
Part Five - Pg. 1
SECTION 108
VIOLATIONS
Replace Section 108.4 with the following:
108.4 Violation penalties. Refer to Part One, Construction and Fire Prevention
Standards Resolution, Section 27, Penal Clause.
SECTION 109
MEANS OF APPEAL
Replace Section 109 with the following reference:
Refer to Part One. Construction and Fire Prevention Standards Resolution for Board of
Appeals.
Part Five -Mechanical Code Amendments
Part Five - Pg. 2
PART SIX -PLUMBING CODE AMENDMENTS
SECTION 101
GENERAL
Replace Section 101.1 with the following:
101.1 Title. The 2009 International Plumbing Code as amended herein is the Plumbing
Code of Dallas-Fort Worth International Airport. References to the International
Plumbing Code shall be construed to reference the Plumbing Code as adopted herein
with its local amendments.
SECTION 103
DEPARTMENT OF PLUMBING INSPECTION
Amend Section 103.1 as follows:
103.1 General. The department of Plumbing inspection is hereby created and the
executive official in charge thereof shall be known as the sede building official.
References to the department of plumbing inspection shall mean the Code Compliance
Section of the Airport Development and Engineering Department.
SECTION 106
PERMITS
Replace Section 106.6.2 with the following:
106.6.2 Fee schedule. Refer to Part Two, Building Code Amendments, Section 109 for
fees.
Replace Section 106.6.3 with the following:
106.6.3 Fee refunds. The building official is authorized to establish a refund golicy.
SECTION 108
VIOLATIONS
Replace Section 108.4 with the following:
Part Six -Plumbing Code Amendments
Part Six - Pg. 1
108.4 Violation penalties. Refer to Part One, Construction and Fire Prevention
Standards Resolution, Section 27, Penal Clause.
SECTION 109
MEANS OF APPEAL
Replace Section 109 with the following reference:
Refer to Part One, Construction and Fire Prevention Standards Resolution for Board of
Appeals.
SECTION 312
TESTS AND INSPECTIONS
Replace Section 312.9 with the following reference:
312.9 Inspection and testing of backflow prevention assemblies. Backflow
prevention assemblies shall be inspected and tested as required by Texas
Administrative Code, Title 30, Part 1, Chapter 290 Public Drinking Water.
TABLE 403.1
MINIMUM NUMBER OF REQUIRED PLUMBING FACILITIES
Amend public assembly areas of passenger terminals in Table 403.1 as follows:
WATER CLOSETS
(Urinals see
Section 419.2)
BATHTUBS/
DRINKING
FOUNTAINS
OCCUPANCY Male Female LAVATORIES SHOWERS (See Section 410.1 OTHERS
Public assembly
areas of
passenger 1 per --- 1 per 1
000 1 service
terminals and 1 per 100 1 per 200 , sink
transportation 100
facilities
SECTION 404
ACCESSIBLE PLUMBING FACILITIES
Replace Section 404 as follows:
Refer to Part One. Building Code Amendments, Chapter 11 for accessibility standards.
Part Six -Plumbing Code Amendments
Part Six - Pg. 2
SECTION 1106
SIZES OF CONDUCTORS, LEADERS AND STORM DRAINS
Replace Section 1106.1 with the following:
1106.1 General. The size of the vertical conductors and leaders building storm drains
building storm sewers and any horizontal branches of such drains or sewers shall be
based on 5 inches per hour rainfall rate.
SECTION 1108
COMBINED SANITARY AND STORM SYSTEM
Delete Section 1108. Combined sanitary and storm sewer systems shall be prohibited
within the airport.
Part Six -Plumbing Code Amendments
Part Six - Pg. 3
PART SEVEN -FUEL GAS CODE AMENDMENTS
SECTION 101
GENERAL
Replace Section 101.1 with the following:
101.1 Title. The 2009 International Fuel Gas Code as amended herein is the Fuel Gas
Code of Dallas-Fort Worth International Airport. References to the International Fuel
Gas Code shall be construed to reference the Fuel Gas Code as adopted herein with its
local amendments.
SECTION 103
DEPARTMENT OF INSPECTION
Amend Section 103.1 to read as follows:
103.1 General. The Department of Inspection is hereby created and the executive
official in charge thereof shall be known as the eerie buildin official. References to the
department of inspection shall mean the Code Compliance Section of the Airport
Development and Engineering Department.
SECTION 106
PERMITS
Replace Section 106.5.2 with the following::
106.5.2 Fee schedule. Refer to Part Two, Building Code Amendments, Section 109 for
fees.
Replace Section 106.5.3 with the following::
106.5.3 Fee refunds. The building official is authorized to establish a refund policy.
SECTION 108
VIOLATIONS
Replace Section 108.4 with the following:
Part Seven -Fuel Gas Code Amendments
Part Seven - Pg. 1
108.4 Violation penalties. Refer to Part One, Construction and Fire Prevention
Standards Resolution, Section 27, Penal Clause.
SECTION 109
MEANS OF APPEAL
Replace Section 109 with the following reference:
Refer to Part One, Construction and Fire Prevention Standards Resolution for Board of
Appeals.
Part Seven -Fuel Gas Code Amendments
Part Seven - Pg. 2
PART EIGHT -ENERGY CODE AMENDMENTS
SECTION 101
SCOPE AND GENERAL REQUIREMENTS
Replace Section 101.1 with the following:
101.1 Title. The 2009 International Energy Conservation Code as amended herein is
the Energv Code of Dallas-Fort Worth International Airport. References to the
International Energv Conservation Code shall be construed to reference the Energv
Code as adopted herein with its local amendments.
Add Section 101.1.1 as follows:
101.1.1 General. The building official is hereby authorized and directed to enforce the
provisions of this code. The building official shall have the authority to render
interpretations of this code and to adopt policies and procedures in order to clarify the
application of its provisions. Such interpretations, policies and procedures shall be in
compliance with the intent and purpose of this code.
Amend Section 101.4.3 Exception #2 and #5 as follows:
2. Glass only replacements in an existing sash and frame. Glass to include
sash and/or frames may install glazinq in accordance with Table 502.3
without bring the entire building into compliance with this code. Replacement
of_glass with sash and/or frames of up to 50% of the building and or space
within an two year period may be replaced with a glazinq system equal to or
better than what was originally installed.
5. Reroofing for roofs where neither the sheathing nor the insulation is exposed.
Roofs without insulation in the cavity and where the sheathing or insulation is
exposed during reroofing shall be insulated either above or below the
sheathing to not less than the insulation values in the energy code adopted at
the time of original construction or if no energy code had been adopted at the
time of original construction insulation R-values shall be as specified in Table
502.1.2(1) without bring the entire building into compliance with this code.
Amend Section 101.4.5 to read as follows:
Part Eight -Energy Code Amendments
Part Eight - Pg. 1
101.4.5 Mixed occupancy. Where a building includes both residential and commercial
occupancies, each occupancy shall be separately considered. °^~ „-,oo+ Oho ~~~i~~~hio
Amend Section 101.5 to read as follows:
101.5 Compliance. Residential buildings shall meet the provisions of ~~ Texas
Building Energy Performance Standards. Commercial buildings shall meet the
provisions of Chapter 5.
SECTION 104
INSPECTIONS
Add Section 104.2.1 Inspections:
104.2.1 Inspections. The following inspections shall be required:
1. Insulation inspection - prior to cover, per energy code criteria.
2. Mechanical inspection - prior to cover, per energy code criteria..
3. Electrical inspection - prior to cover, per energy code criteria.
4. Final inspection - to include final lighting design, final mechanical design,
and final envelope design, per energy code criteria.
SECTION 110
VIOLATION PENALTIES
Add Section 110 as follows:
110 Violation penalties. Refer to Part One, Construction and Fire Prevention
Standards Resolution, Section 27, Penal Clause.
SECTION 202
GENERAL DEFINITIONS
Replace the definition of Code Official with the following:
CODE OFFICIAL. The building official is charged with the administration and
enforcement of this code.
SECTION 502
BUILDING ENVELOPE REQUIREMENTS
Part Eight -Energy Code Amendments
Part Eight - Pg. 2
Amend Section 502.2.1 to add exception after the last paragraph.
Exception: Within S and F occupancies insulation is allowed on ceiling grid if all
of the following conditions are met.
Where conditioned spaces are constructed within unconditioned
buildings, and where the height of the uppermost ceiling of the
conditioned space does not exceed three-fourths (3/4) the average
height of the roof deck, the required roof insulation may be place on
the ceiling, including suspended ceiling with removable ceiling
anels.
2. Attic spaces shall be separated by walls from adjacent warehouse
spaces and shall be provided with a mechanical exhaust and
supply air system to re-circulate air from the warehouse through the
attic. The mechanical exhaust rate shall be not less than 0.02 cfm
per square foot of attic area and shall be automatically controlled to
operate when the relative humidity in the attic exceeds 60 percent
or when the temperature is less than 40 degrees F.
3. Ceiling insulation shall extend over light fixtures serving conditioned
s aces.
4. Recessed luminaries covered with ceiling insulation must be
identified for contact with insulation (Type IC).
SECTION 505
ELECTRICAL POWER AND LIGHTING SYSTEMS
Amend Section 505.2.1 to read as follows with the exceptions to remain unchanged:
505.2.1 Interior lighting controls. Each area enclosed by walls or floor-to-ceiling
partitions shall have at least one manual control for the lighting serving that area. The
required controls shall be located within the area served by the controls or be a remote
switch that identifies the lights served and their status. Each control device shall control
a maximum of 2,500 square feet (232.26 square meters) of floor area for a space
10,000 square feet (929.03 square meters) or less and a maximum of 10 000 square
feet (929.03 square meters) for a space greater than 10 000 square feet (929.03 square
meters .
Part Eight -Energy Code Amendments
Part Eight - Pg. 3
Part Eight -Energy Code Amendments
Part Eight - Pg. 4
PART NINE -OIL AND GAS EXPLORATION AND PRODUCTION
SECTION 1
GENERAL INFORMATION
The Exploration, development and Production of Gas on the Airport property are
activities which make necessary regulations to establish uniform limitations, safeguards
and requirements for operations related to the Exploration, Drilling, developing,
producing, transporting and storing of Gas and other substances produced in
association with Gas within the Airport to protect the health, safety and general welfare
of the public, minimize the potential impact to property, protect the quality of the
environment and encourage the orderly production of available mineral, and gas
resources.
SECTION 2
DEFINITIONS
The following words, terms and phrases, when used in this Part, shall have the
meanings ascribed to them in this section:
Abandonment: means "abandonment" as defined by the Commission and includes the
plugging of a Well and the restoration of the area used during the Production of a Well
as required by this Part.
All-Weather Hard Sun`ace: means a permanent surface that as a minimum is a base
course constructed such that it meets the requirements of the Fire Code, is at least
twenty two feet (22') wide, has an overhead clearance of fourteen feet (14'), drains
appropriately, remains water resistant, is free of litter, debris, weeds, grass or other
objectionable materials or objects and is visibly dust free.
API: means the American Petroleum Institute.
Berm: means a mound of soil, either natural or man made, used to obstruct a view.
The side slope shall not exceed athree-foot (3') horizontal and aone-foot (1') vertical
slope.
Blowout Preventer. means a mechanical, hydraulic, pneumatic or other device or
combination of such devices, including valves, fittings and control mechanisms
connected therewith, which can be closed around the drill pipe, or other tubular goods
which completely close the top of the casing and are designed for preventing blowouts.
Brackish Water. means flow back water used in the fracturing and re-fracturing process
and other waste liquids produced in association with the production, treatment,
processing or transportation of hydrocarbons.
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 1
Building: means any structure used or intended for supporting or sheltering any use or
occupancy. Buildings with an occupant load of 3 or fewer in accordance with Table
1004.1.1 of the Building Code are not subject to the setback requirements of this Part.
Building Code: as defined in Part Two.
Building Official: as defined in Section 5, Part 1.
Closed Loop System: means a system utilized while Drilling so that reserve pits are not
used and instead steel bins are used to collect all drilling waste.
Commission: means the Texas Railroad Commission and all state rules.
Completion: means the earlier of the date the work is completed for the Drilling, re-
drilling or reworking of a Well and the crew involved in such activities is released or the
date the rig is released.
Compliant well: means a well that is actively producing, actively used for iniection or
disposal, or has a valid Statewide Rule 14(b)(2) plugging extension.
Derrick: means any portable framework, tower, mast and/or structure, which is required
or used in connection with Drilling or re-working a Well for the production of Gas.
Disposal Well: means a well drilled for the purpose of disposing of Brackish Water.
Drilling: means digging or boring a new Well for the purpose of exploring for,
developing or producing Gas or for the purpose of injecting Gas, water or any other fluid
or substance into the earth.
Drill Site: means the immediate area used during the Drilling, re-drilling or re-working of
a Well.
Electrical Code: as defined in Part Four.
Emergency Response Plan: means a plan put in place to deal with emergency
situations that may occur at the Drill Site and/or the Operation Site.
Energy Code: as defined in Part Eight.
Exploration: means geologic or geophysical activities, including seismic surveys,
related to the search for Gas or other subsurface hydrocarbons.
FEMA: means the Federal Emergency Management Agency.
FIRM: means the Flood Insurance Rate Map.
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 2
Fire Chief as defined in Section 5, Part 1
Fire Code: as defined in Part Three.
Fire Department: means the Fire Department of the Airport.
Frac Tank: means an enclosed steel tank used to hold Brackish Water.
Fracturing: means the injecting of a substance into a Well or formation so as to cause
underground channels in hydro-carbon-bearing formations to open.
Fresh Water Fracing Pit: means a pond, open to the atmosphere, used to hold fresh
water for Fracturing.
Fuel Gas Code: as defined in Part Seven.
Gas: means any fluid, either combustible or noncombustible, which is produced in a
natural state from the earth and which maintains a gaseous or rarefied state at standard
temperature and pressure conditions and/or the gaseous components or vapors
occurring in or derived from petroleum or Gas.
Gas Well: means any Well drilled, to be drilled, or used for the intended or actual
production of natural gas.
Inactive well: means a well that is compliant or noncompliant well that is not actively
producing, injecting, or disposing_
Mechanical Code: as defined in Part Five.
Non-compliant well: means a well that has been shut-in for a period in excess of twelve
(12) months, has not been plugged, and does not have a valid Statewide Rule 14(b)(2)
extension.
Oil: means crude petroleum oil and other hydrocarbons regardless of gravity which are
produced at the wellhead in liquid form and the liquid hydrocarbons known as distillate
or condensate recovered or extracted from Gas, other than gas produced in association
with oil and commonly known as casinghead gas.
Oil Well: means any Well drilled, to be drilled, or used for the intended or actual
production of Oil.
Operation Site: means the area used for development and production and all
operational activities associated with Gas after Drilling activities are complete.
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 3
Operator. means, for each Well, the person listed on the Commission's Form W-1 or
Form P-4 for a Gas Well or Oil Well that is, or will be actually in charge and in control of
Drilling, maintaining, operating, pumping or controlling any Well, including, without
limitation, a unit operator.
Permit: means any written license granted by the Airport authorizing the Operator to
undertake activity on the Airport.
Plumbing Code: as defined in Part Six.
Production: means the period between Completion of Drilling and the Abandonment of
the Well.
Re-Drill: means the Drilling of a new Well located in essentially the same place as an
earlier Well or the re-completion of an existing Well by deepening or sidetrack
operations extending more than one hundred fifty feet (150') from the existing Well bore.
Re-working: means re-completion or re-entry of an existing Well within the existing bore
hole or by deepening or sidetrack operations which do not extend more than one
hundred fifty feet (150') from the existing well bore, or replacement of well liners or
casings.
Statewide Rule 14(b) (2) extension: A Texas Railroad Commission administratively
granted extension of one year to plug a well, if: the well is in compliance with all other
laws and Railroad Commission rules; the well and associated facilities are not a
pollution hazard; the operator's report is current and active; and the operator has and
upon request, provides evidence of a good faith claim to operate the well.
Street: means any street, highway, sidewalk, alley, or avenue that is open to public use
or is in support of Airport operations.
SWPPP: means stormwater pollution prevention plan.
TCEQ: means the Texas Commission on Environmental Quality.
USEPA: means the United States Environmental Protection Agency.
Well: means any single hole or bore to any horizon, formation, or strata, for the purpose
of producing Gas and/or Oil from the Airport.
SECTION 3
AIRPORT OVERSIGHT
The Building Official is charged with the administration and enforcement of this part.
The Building Official and the Fire Chief shall have the authority to enter and inspect any
Drill Site or Operation Site to determine compliance with this Resolution and all
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 4
applicable laws, rules, regulations, standards or directives adopted by the Airport Board
or State. Failure of any person to permit access to the Building Official or Fire Chief
shall constitute a violation of this Resolution. Additionally, the Building Official or Fire
Chief and other Airport officials shall have the authority to issue any orders or directives
required to implement the intent and purpose of this Resolution and its provisions. The
Building Official or Fire Chief shall have the authority to request and receive any
records, including any records sent to the Commission, logs, reports and the like,
relating to the status or condition of any Well necessary to establish and determine
compliance with a Permit. Failure of any person to provide any such requested material
shall be deemed a violation of this Resolution.
SECTION 4
OPERATOR'S AGENT
Every Operator shall designate an agent, who is a resident of the State of Texas, upon
whom all orders and notices provided in this Resolution may be served in person or by
registered or certified mail. Every Operator designating such agent shall within ten (10)
days notify the Building Official in writing of any change in such agent or such mailing
address unless operations within the Airport are discontinued. Failure to do so shall be
deemed a violation of this Resolution.
SECTION 5
SEISMIC SURVEY PERMIT REQUIREMENTS
A Permit shall be required for all geophysical tests, including but not limited to seismic
surveys. All applications for a Permit to conduct geophysical tests, including but not
limited to seismic surveys, shall be submitted to the Building Official for approval. No
geophysical tests shall begin prior to the issuance of a Permit from the Airport Board. A
Permit application shall include, but is not limited to, the following information:
(a) Operator/applicant name, phone number, fax number, physical address, and e-
mail address.
(b) Detailed mapping of location and extent of the proposed geophysical test.
(c) Detailed explanation of the survey or testing method to be used.
(d) Frequency and strength of all radio frequency (RF) signals.
(e) Under no circumstances may explosive charges, including, but not limited to, the
use of dynamite, be used in any way related to the preparation for and/or
conducting of a geophysical test.
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 5
SECTION 6
GAS WELL AND DISPOSAL WELL PERMIT REQUIREMENTS
(a) No person acting either for himself or acting as an agent, employee, independent
contractor, or servant of any person shall drill any Well or Disposal Well, assist in
any way in the site preparation, re-working, Fracturing or operation of any Well or
Disposal Well or to conduct any activity related to the production of Gas without
first obtaining a Permit issued by the Building Official in accordance with this
Resolution. Such activities include, but are not limited to, initial site preparation,
re-working, Drilling, operations, construction of rigs, Fresh Water Fracing Pit or
tank batteries, Fracturing and pressurizing.
(b) The Operator must apply for and obtain a Permit for the Drilling of each Well or
Disposal Well. The Operator shall neither apply for nor obtain a "blanket" Permit
for more than one (1) well. A D~^^c°~ ~ni~n „e ,.„;+ ..,.~~ ,,.,~„ he ;~~„o~ f„r ,~;~,,,,~.,~
p....,~.. ~ .. F,
e
~r-a~s~ertat+er}-e~-k~ydreca~-~sras~v+R" ~ t~~~va„ dam ^~D~as%~~~vn#
.All Disposal Wells must deposit Brackish Water
into the Ellenberger formation. Each new Well or Disposal Well established at
the ground surface will be considered a new Well or Disposal Well as applicable.
(c) An existing Permit shall not constitute authority for the re-entering and Drilling of
a Well the subject of Abandonment. An Operator shall obtain a new Permit in
accordance with the provisions of this Resolution if the Operator is re-entering
and Drilling an abandoned Well.
(d) When a Permit has been issued to the Operator for the Drilling, re-entering,
activating or converting of a Well, such Permit shall constitute sufficient authority
for Drilling, operation, production gathering or production maintenance, repair, re-
working, testing, plugging and Abandonment of the Well and/or any other activity
associated with mineral exploration at an Operation Site. An amended Permit
shall be obtained before such Well may be modified for purposes of re-drilling,
deepening or converting such Well to a depth or use other than that set forth in
the then-current Permit for such Well.
(e) Any person who intends to re-work a Well using a Drilling rig or to engage in
Fracturing a Well after initial Completion shall give written notice to, and receive
written approval from, the Building Official. The notice must identify where the
activities will be conducted and must describe the activities in detail, including,
but not limited to the duration of the activities and the time the activities will be
conducted. The notice must also provide the address and twenty-four (24) hour
telephone number of the person conducting the activities.
(f) A Permit shall automatically terminate, unless extended, if Drilling is not
commenced within one year from the date of the issuance of the Permit. A
Permit may be extended by the Building Official upon written request by the
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 6
Operator and proof that the regulatory standards of the requested Permit for such
location have not changed.
(g) Permits required by this Resolution are in addition to and are not in lieu of any
permit, which may be required by any other governmental agency.
(h) No Permit shall be issued for any Well to be drilled within the floodway identified
by FEMA on the most current FIRM. Wells proposed in the floodplain outside of
the floodway shall comply with the requirements of the Building Official.
(i) No Permit shall be issued for any Well to be drilled that is not in compliance with
this Resolution.
(j) By acceptance of any Permit issued pursuant to this Resolution, the Operator
expressly stipulates and agrees to be bound by and comply with the provisions of
this Resolution. The terms of this Resolution shall be deemed to be incorporated
in any Permit issued pursuant to this Resolution with the same force and effect
as if this Resolution was set forth verbatim in such Permit.
(k) Operator must provide to the Building Official, a copy of all H-5 and mechanical
integrity tests required by the Commission.
(I) All wells located at DFW Airport must be compliant with Texas Railroad
Commission rules. Wells that have not been in operation for a year must be
plugged and abandoned in accordance with Railroad Commission Statewide
Rule 14(b) (2). This rule requires that plugging operations on each inactive well
commence within one year after operations have ceased. Prior to abandonment,
wells must be plugged consistent with Railroad Commission rules, with cement in
a manner that will not allow movement of fluids into or between Underground
Sources of Drinking Water (USDWs).
SECTION 7
PERMIT APPLICATION
(a) Every application for a Permit issued pursuant to this Resolution shall be on
forms required by the Building Official, shall include payment of the construction
permit and plan review fees and shall be signed by the Operator, or some person
duly authorized to sign on his behalf, and filed with the Building Official. The
application shall include the following information:
(1) The date of the application and type of Permit requested.
(2) Map showing proposed transportation route and road(s) for equipment,
chemicals or waste products used or produced under the Permit.
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 7
(3) Proposed Well name and Well depth.
(4) Name, telephone number, fax number, physical address of individual
designated to receive notice, and, if possible, a-mail address.
(5) Names and addresses of representatives or Operator's agent with
supervisory authority over the Drill Site or Operation Site and atwenty-four
(24) hour telephone number.
(6) Location and description of all improvements and structures within eight
hundred feet (800') of the Well. Such locations and descriptions shall be
prepared by a Registered Professional Land Surveyor.
(7) A site plan of the proposed Drill Site and Operation Site showing the
location of all improvements and equipment, including the location of the
proposed Well and other facilities including, but not limited to, Fresh Water
Fracing Pit, Disposal Well, tanks, pipelines, compressors, separators and
storage tanks or storage sheds. All site plans must include the following
criteria:
a. Location of proposed Buildings and structures indicating sizes in square
feet.
b. The location and intensity of exterior lighting fixtures.
c. The location of mechanical equipment.
d. Outside storage areas.
e. Curb cut locations.
f. Parking, loading, and maneuvering areas.
g. The location, materials and dimensions of screening improvements as
required.
h. Waste disposal locations.
i. Streets immediately adjacent to the Operation Site.
j. Drill Site and Operation Site plans shall be submitted on a sheet size of
24" x 36" minimum, or as approved by the Building Official.
k. Airport boundaries where applicable.
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 8
I. Date the drawing was prepared with name, address, and phone number
of preparer.
m. North arrow, at a maximum scale of 1:50 immediately adjacent to the
Drill Site or Operation Site.
n. Title Block identifying the Drill Site or Operation Site location.
o. Vicinity location map at 1" = 2000'.
p. Location of 100-year flood limits where applicable.
q. Texas NAD83 State Plane Coordinates for all four corners.
(8) Copy of all reports and permits required by the Commission, specifically
including a copy of the approved Commission Form W-1, H-5 and/or P-4.
(9) A description of public utilities required during Drilling and Production.
(10) A description of the water source to be used during Drilling.
(11) A copy of the Erosion Control Plan as required by the Airport Board.
(12) A copy of the determination by the TCEQ of the depth of useable quality
ground water.
(13) A copy of the TCEQ permit.
(14) A statement, under oath, signed by the Operator or designated
representative, that the information submitted with the application is, to the
best knowledge and belief of the Operator or designated representative,
true and correct.
(15) Three copies of a Hazardous Material Management Plan and additionally,
all material safety data sheets for all hazardous materials that will be
located, stored, transported and/or temporarily used on the Drill Site shall be
provided to the Building Official.
(16) Three copies of the Hazardous Materials Inventory Statement.
(17) Operator shall submit to the Building Official, for review and approval, an
Emergency Response Plan establishing written procedures to minimize any
hazard resulting from Drilling, Completion or producing of a Gas Well. Said
plan shall use existing guidelines established by the Commission, TCEQ,
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 9
Texas Department of Transportation, the Fire Code and/or the USEPA. A
copy of the Emergency Response Plan shall be kept on site.
(18) A map showing the location of all underground transmission pipelines.
SECTION 8
PERMITTING PROCEDURE
(a) All Well Permit applications will be filed through the Building Official.
(b) It is the responsibility of the Building Official to review and approve or disapprove
all applications for Permits based on the criteria established by this Resolution.
(c) After the filing of a completed application, payment of permit and plan review
fees and remittance of all insurance and security per the requirements of this
Resolution for a Permit, the Building Official will determine whether the Permit
application shall be approved or denied.
(d) The provisions of this Resolution shall apply to any application for a Permit that is
filed with the Building Official.
(e) If all the requirements of this Resolution are met, the Building Official shall issue
a Permit for the activity for which the Permit application was made.
(f) If the Building Official denies a Permit application, the Building Official shall notify
the Operator in writing of such denial stating the reasons for the denial. The
Operator may cure those conditions that caused the denial and resubmit the
application to the Building Official for approval and issuance of the Permit.
SECTION 9
AMENDED GAS WELL PERMITS
(a) An amended Permit may be issued for, but not limited to, the following changes
in Drill Site or Operation Site activities:
(1) Re-drilling;
(2) Deepening beyond one hundred fifty feet (150') of the permitted depth;
(3) Site access; and
(4) Locations and/or quantities of equipment as determined by the Building
Official;
(b) Applications for amended Permits shall be in writing, shall be signed by the
Operator, and shall include the following:
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 10
(1) A description of the proposed amendments;
(2) Any changes to the information submitted with the application for the
existing Permit (if such information has not previously been provided to the
Airport Board);
(3) Such additional information as is reasonably required by the Building Official
to demonstrate compliance with the Permit;
(4) Such additional information as is reasonably required by the Building Official
to prevent imminent destruction of property or injury to persons; and
(5) An amended site plan and plat indicating the new bottom-hole location.
(c) All applications for amended Permits shall be filed with the Building Official for
review. Incomplete applications may be returned to the applicant, in which case
the Building Official shall provide a written explanation of the deficiencies.
(d) If the activities proposed by the amendment are not materially different from the
activities covered by the existing Permit then the Building Official shall approve or
disapprove the amendment after the application is filed.
(e) If the activities proposed by the amendment are materially different from the
activities covered by the existing Permit, and do not create a risk of destruction of
property or injury to persons, then the Building Official shall approve or
disapprove the amendment. If, however, the activities proposed by the
amendment are materially different and, in the judgment of the Building Official
might create a risk of destruction of property or injury to persons that were not
associated with the activities covered by the existing Permit or that were not
otherwise taken into consideration by the existing Permit, the Building Official
may require the amendment to be processed as a new Permit application.
SECTION 10
SUSPENSION OR REVOCATION OF WELL PERMITS
(a) If an Operator (or its officers, employees, agents, contractors, or representatives)
fails to comply with any requirement of a Permit (including any requirement
incorporated by reference as part of the Permit), the Airport Board shall give
written notice to the Operator specifying the nature of the failure and giving the
Operator a reasonable time to cure, taking into consideration the nature and
extent of the failure, the extent of the efforts required to cure, and the potential
impact on the health, safety, and welfare of the public. In no event, however,
shall the cure period be less than ten (10) days unless the failure presents a risk
of imminent danger to property or injury to persons or unless the failure involves
the Operator's failure to provide periodic reports as required by this Resolution.
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 11
(b) If the Operator fails to correct the noncompliance, the Airport Board may suspend
or revoke the Permit pursuant to the provisions of this Resolution.
(c) No person shall carry on any operations performed under the terms of a Permit
issued under this Resolution during any period of any suspension or revocation
of the Permit or pending a review of the decision or order of the Airport Board in
suspending or revoking the Permit. Nothing contained herein shall be construed
to prevent the necessary, diligent and bona fide efforts to cure and remedy the
default or violation for which the suspension or revocation of the Permit was
ordered for the safety of persons or as required by the Building Official or the Fire
Chief.
(d) If the Operator does not cure the noncompliance within the time specified in this
Resolution, the Airport Board, upon written notice to the Operator, may notify the
Commission and request that the Commission take any appropriate action.
SECTION 11
PERIODIC REPORTS
(a) The Operator shall notify the Building Official of any changes to the following
information within ten (10) days after the change occurs:
(1) The name, physical address, telephone number, and fax number of the
Operator;
(2) The name, address, and telephone number of the person designated to
receive notices from the Airport Board (which person must be a resident of
Texas that can be served in person or by registered or certified mail); and
(3) The Operator's emergency action response plan (including "drive-to-maps"
from rights-of-way to each Drill Site or Operation Site).
(b) The Operator shall notify in writing the Building Official of any change to the
name, address, and twenty-four (24) hour phone number of the person(s) with
supervisory authority over Drilling or operations activities within one (1) business
day.
(c) The Operator shall provide a copy of any "incident reports" or written complaints
submitted to the Commission and a copy to the Airport Board within thirty (30)
days after the Operator has notice of the existence of such reports or complaints.
(d) Beginning on December 31St after each Well is completed, and continuing on
each December 31St thereafter until the Operator notifies the Building Official that
there has been an Abandonment of the Well and the Operation Site is restored,
the Operator shall submit a written report to the Building Official identifying any
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 12
changes to the information that was included in the application for the applicable
Permit that have not been previously reported to the Building Official.
SECTION 12
BOND, LETTERS OF CREDIT, INDEMNITY INSURANCE
(a) General requirements. The Operator shall be required to:
(1) Comply with the terms and conditions of this Resolution and the Permit
issued hereunder.
(2) Promptly clear each Drill Site and Operation Site of all litter, trash, waste
and other substances used, allowed, or occurring in the operations, and
after Abandonment or Completion grade, level and restore such property to
the same surface conditions as nearly as possible as existed before
operations as determined by the Building Official.
(3) Promptly pay all fines, penalties and other assessments imposed due to
breach of any terms of the Permit.
(4) Promptly restore to its former condition any property damaged by the
Operator.
(b) Bond, irrevocable letter of credit. Prior to the issuance of a Permit the Operator
shall provide the Building Official with a security instrument in the form of a bond
or an irrevocable letter of credit as follows:
(1) Bond. A bond shall be executed by a reliable bonding or insurance
institution authorized to do business in Texas, acceptable to the Airport
Board. The bond shall become effective on or before the date the Permit is
issued and shall remain in force and effect for at least a period of six (6)
months after the expiration of the Permit term or until there has been an
Abandonment of the Well and the Operation Site is restored, whichever
occurs last. The Operator shall be listed as principal and the instrument
shall run to the Airport Board, as obligee, and shall be conditioned that the
Operator will comply with the terms and regulations of this Resolution and
all other laws and regulations. The original bond shall be submitted to the
Building Official.
(2) Letter of Credit. A letter of credit shall be issued by a reliable bank
authorized to do business in Texas and shall become effective on or before
the date the Permit is issued. The letter of credit shall remain in force and
effect for at least a period of six (6) months after the expiration of the Permit
term or until there has been an Abandonment of the Well and the Drill Site
or Operation Site is restored, whichever occurs last. The Airport Board shall
be authorized to draw upon such letter of credit to recover any fines,
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 13
penalties or costs to remedy assessed under this Resolution. Evidence of
the execution of a letter of credit shall be submitted to the Building Official
by submitting an original signed letter of credit from the banking institution.
(3) The principal amount of any security instrument shall be fifty thousand
dollars ($50,000) for any single Well. After Completion of a Well, the
Operator may submit a request to the Building Official to reduce the existing
bond to ten thousand dollars ($10,000) for the remainder of the time the
Well produces without reworking. During reworking operations, the amount
of the bond or letter of credit shall be maintained at fifty thousand dollars
($50,000). If at any time after no less than a fifteen (15) day written notice
to the Operator, the Airport Board shall deem any Operator's bond or letter
of credit to be insufficient, it may require the Operator to increase the
amount of the bond or letter of credit up to a maximum of two hundred fifty
thousand dollars ($250,000) per Well.
(4) Whenever the Building Official finds that a default has occurred in the
performance of any requirement or condition imposed by this Resolution, a
written notice shall be given to the Operator. Such notice shall specify the
work to be done, the estimated cost and the period of time deemed by the
Building Official to be reasonably necessary for the completion of such
work. After receipt of such notice, the Operator shall, within the time therein
specified, either cause or require the work to be performed, or failing to do
so, shall pay over to the Airport Board one hundred twenty-five percent
(125%) of the estimated cost of doing the work as set forth in the notice. In
no event, however, shall the cure period be less than thirty (30) days unless
the failure presents a risk of imminent destruction of property or injury to
persons or unless the failure involves the Operator's failure to provide
periodic reports as required by this Resolution. The Airport Board shall be
authorized to draw against any irrevocable letter of credit or bond to recover
such amount due from the Operator. Upon receipt of such monies, the
Airport Board shall proceed by such mode as deemed convenient to cause
the required work to be performed and completed, but no liability shall be
incurred other than for the expenditure of said sum in hand. In the event
there has not been a proper Abandonment of the Well under the regulations
of the Commission, such additional money may be demanded from the
Operator as is necessary to properly plug and abandon the Well and restore
the Drill Site or Operation Site in conformity with the regulations of this
Resolution.
(5) In the event the Operator does not cause the work to be performed and fails
or refuses to pay over to the Airport Board the estimated cost of the work to
be done as set forth in the notice, or the issuer of the security instrument
refuses to honor any draft by the Airport Board against the applicable
irrevocable letter of credit or bond, the Airport Board may proceed to obtain
compliance and abate the default by way of civil action against the
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 14
Operator, or by criminal action against the Operator, or by both such
methods.
(6) When there has been a proper Abandonment of the Well or Wells covered
by said irrevocable letters of credit or bond in conformity with all regulations
of this Resolution, and in conformity with all regulations of the Commission
and notice to that effect has been received by the Airport Board, or upon
receipt of a satisfactory substitute, the irrevocable letter of credit or bond
issued in compliance with these regulations shall be terminated and
cancelled.
(c) Insurance. The Operator must at all times maintain the specific coverages listed
below.
(1) Environmental pollution liability coverage. Operator shall purchase and
maintain in force for the duration of the Permit, insurance for environmental
pollution liability applicable to bodily injury; property damage, including loss
of use of damaged property or of property that has not been physically
injured or destroyed; cleanup costs; and defense, including costs and
expenses incurred in the investigation, defense or settlement of claims; all in
connection with any loss arising from the insured site. Coverage shall be
maintained in an amount of at least one million dollars ($1,000,000) per
loss, with an annual aggregate of at least ten million dollars ($10,000,000).
a. Coverage shall apply to sudden and accidental pollution conditions
resulting from the escape or release of smoke, vapors, fumes, acids,
alkalis, toxic chemicals, liquids or gases, waste material or other irritants,
contaminants or pollutants.
b. The Operator shall maintain continuous coverage and shall purchase
extended coverage period insurance when necessary. The extended
coverage period insurance must provide that any retroactive date
applicable to coverage under the policy precedes the effective date of
the issuance of the Permit by the Building Official.
(2) Control of Well. The policy should cover the cost of controlling a Well that is
out of control, re-drilling or restoration expenses, seepage and pollution
damage as first party recovery for the Operator and related expenses,
including, but not limited to, loss of equipment, experts and evacuation of
residents, in the amount of five million dollars ($5,000,000) per
occurrence/no aggregate, if available, otherwise an aggregate of ten million
dollars ($10,000,000). Five hundred thousand dollars ($500,000) sub-limit
endorsement may be added for damage to property for which the Operator
has care, custody and control.
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 15
SECTION 13
SETBACK REQUIREMENTS
The following are minimum setbacks.
(a) It shall be unlawful to drill, re-drill, deepen, re-enter, activate or convert any Well
or Disposal Well, the center of which, at the surface of the ground, is located:
(1) Within six hundred feet (600') from any Building; or
(2) Within one hundred feet (100') from any Building accessory to, but not
necessary to the operation of the well; or
(3) Within seventy-five feet (75') of any existing or planned right of way for
street, highway or rail; or
(4) Within two hundred feet (200') of any existing potable water well.
(b) Tank batteries, separators and compressors and their associated vents and
flares shall be located at least three hundred feet (300') from any Street or
Building not used in operations on the Drill Site or Operations Site, nor less than
five hundred feet (500') from any flammable bulk storage facility.
(c) Fresh Water Fracing Pits shall be located at least one hundred feet (100') from
any Street or Building.
(d) The measurement of all distances shall be calculated from the proposed Well
bore, Disposal Well bore, tank battery, separator, compressor or Fresh Water
Fracing Pit in a straight line, without regard to intervening structures or objects
to the closest exterior point of the object listed in items (a) through (c) above.
The above calculations shall be prepared by a Registered Professional Land
Surveyor.
(e) As to any public park, residence, religious institution, hospital building, school or
other public building that is outside the boundaries of the Airport, the distances
set out in subsections (a) through (c) of this section may not be reduced without
both of the following:
(1) Written notarized waivers granted by all the surface owners must be filed,
at the expense of the Operator, in the applicable county records. All
waivers must identify the property address, block and lot number,
subdivision name and plat volume and page number.
(2) With an approved variance obtained in accordance with procedures
outlined under Section 20 of this Part.
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 16
(f) As to any Building that is within the boundaries of the Airport, the distances set
out in subsections (a) through (c) of this section may be reduced with an
approved variance in accordance with procedures outlined under Section 20 of
this Part but may not be reduced to less than that permitted by the Fire Code.
SECTION 14
ON SITE AND TECHNICAL REGULATIONS
(a) Abandoned Wells. All Wells shall be plugged and abandoned in accordance
with the rules of the Commission; however, all Well casings shall be cut and
removed to a depth of at least three feet (3') below the surface ~ ~^'""'F,-r,~-z"ti
~ir„~.+ R~~rrl ~nr°°c~ .r, ,.,r,+ir,n n+h°.,.,,~°. No Building shall be built over an
abandoned Well. A well marker, with the well number displayed on it, must be
welded to the top of the cut off well pipe.
(b) Blowout prevention. In all cases, blowout prevention equipment shall be used
on all wells being drilled, worked-over or in which tubing is being changed.
Protection shall be provided to prevent blowout during petroleum or gas
operations as required by and in conformance with the requirements of the
Commission and the recommendations of the American Petroleum Institute.
The Operator must equip all Drilling Wells with adequate blowout preventers,
flow lines and valves commensurate with the working pressures involved as
required by the Commission.
The ram-type blowout preventers, valves, and manifolds shall be pressure
tested as follows:
1.) at the time of installation,
2.) whenever any seal subject to test pressure is broken,
3.) following related repairs and
4.) at 30 day intervals thereafter.
A period of more than thirty (30) days between blowout preventer tests may be
allowed, with the Building Official's approval, when well operations prevent
testing, provided the tests will be conducted as soon as possible before normal
operations resume. The record of communications with the Building Official
shall be entered in the driller's log.
During drilling and completion operations, the ram-type blowout preventers
shall be tested by closing at least once each trip, and the annular-type
preventer shall be tested by closing on drill pipe once each week. All of the
above described tests and/or drills shall be recorded in the drilling log and
made available to the Building Official upon request.
(c) Hazardous materials storage. All chemicals and/or hazardous materials shall
be stored in such a manner as to prevent, contain, and facilitate rapid
remediation and cleanup of any accidental spill, leak, or discharge of a
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 17
hazardous material. Operator shall have all material safety data sheets for all
hazardous materials on site. All applicable federal and state regulatory
requirements for the proper labeling of containers shall be followed. All
hazardous materials and/or special hazards at the Well sites shall be protected
in accordance with National Fire Protection Association standards, and the Fire
Code. Appropriate pollution prevention actions shall be required and include,
but are not limited to, chemical and materials raised from the ground (e.g.,
wooden pallets), bulk storage, installation and maintenance of secondary
containment systems, and protection from stormwater and weather elements.
(d) The following requirements shall apply to all Fracturing operations performed on
a Well:
(1) A watchperson shall be required at all times during such operations; and
(2) At no time shall the Well be allowed to flow or vent directly to the
atmosphere without first directing the flow through separation equipment
or into a portable tank.
(e) Compliance. Operator shall comply at all times with all applicable federal, state
and Airport Board requirements. In the event of any conflicts between the
provisions of this Resolution, and the Commission rules and regulations, the
more restrictive provision shall apply. Whenever necessary to protect health,
safety or welfare, the Building Official or the Fire Chief may direct any Operator
to locate, relocate, remove or replace any Well surface facilities located within a
particular Operation Site.
(f) Discharge. No person shall place, deposit, discharge, or cause or permit to be
placed, deposited or discharged, any oil, naphtha, petroleum, asphalt, tar,
hydrocarbon substances or any refuse including wastewater or brine from any
gas operation or the contents of any container used in connection with any gas
operation in, into, or upon any Streets, lots, storm drain, ditch or sewer, sanitary
drain or any body of water or any property of the Airport.
(g) Drill stem testing. All open hole formation or drill stem testing shall be done
during daylight hours, with adequate advance notification thereof to the Building
Official to enable him to be present during such testing. Drill stem tests may be
conducted only if the Well effluent during the test is produced through an
adequate gas separator to storage tanks and the effluent remaining in the drill
pipe at the time the tool is closed is flushed to the surface by circulating drilling
fluid down the annulus and up the drill pipe.
(h) Drip pans and other containment devices. All materials on location (liquids,
semi-liquids and solids) and any tanks, containers, pumps, lubricating systems,
engines, fuel and chemical storage tanks or systems containing such materials
shall be provided with drips pans or other containment devices appropriate to
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 18
the risks and hazards that those materials pose to workers, the public and the
environment.
(i) Dust, vibration, odors. All Drilling and production operations shall be conducted
in such a manner as to minimize, so far as practicable, dust, vibration, or
noxious odors, and shall be in accordance with the best accepted practices
incident to Drilling for the production of Gas and other hydrocarbon substances.
All equipment used shall be so constructed and operated so that, vibrations,
dust, odor or other harmful or annoying substances or effect will be minimized
by the operations carried on at any Drilling or production site or from anything
incident thereto; nor shall the site or structures thereon be permitted to become
dilapidated, unsightly or unsafe. Proven technological improvements as
identified by the Building Official in industry standards of Drilling and production
in this area may be adopted as they become available if capable of reducing
dust, vibration and odor.
Q) Electric lines. All electric lines to production facilities shall be located in a
manner compatible to those already installed in the surrounding area.
(k) Emergency Response Plan. Prior to the commencement of any Gas or other
hydrocarbons site activities, Operator shall submit to the Building Official an
Emergency Response Plan establishing written procedures to minimize any
hazard resulting from Drilling, Completion or producing of a Gas Well. Said
plan shall use existing guidelines established by the Commission, TCEQ,
Texas Department of Transportation and/or the USEPA. The Emergency
Response Plan shall be kept current with any additions, modifications, and/or
amendments concerning all construction-related activities, natural gas
operations and, and/or natural gas production. Those updates to the Plan which
might materially impact the needs or actions of first responders or the DFW
Airport Emergency Management Plan shall be submitted to the approved
distribution list as soon as practical. A copy of the Emergency Response Plan
shall be kept on site.
(I) Explosives. Use of explosives within Airport property shall require an
Operational Permit issued by the DFW Department of Public Safety Fire
Prevention Office. Each use of explosives will be limited to down-hole activities
during a single period of time, individual locations and use for jet perforation of
wells or other technical applications such as pipe recovery, as described to, and
approved by, the DFW DPS Fire Prevention Office prior to use.
(m) Fire prevention; sources of ignition. Firefighting apparatus and supplies as
approved by the Fire Department and required by any applicable federal, state,
local law, or the Fire Code shall be provided by the Operator, at the Operator's
cost, and shall be maintained on the Drill Site at all times. The Operator shall
be responsible for the maintenance and upkeep of such equipment. At a
minimum, the Operator shall provide at each Drill Site at least four portable fire
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 19
extinguishers, the size, rating, distribution and maintenance of which shall be in
accordance with the National Fire Protection Association Standard #10 and
Standard #30. The Fire Department may require more fire extinguishers based
on an evaluation of the hazards at the individual sites. Each Well shall be
equipped with an automated valve that closes the Well in the event of an
abnormal change in operating pressure. All wellheads shall contain an
emergency shut off valve to the well distribution line. Lightning protection
equipment shall be installed as required at every site in accordance with the
National Fire Protection Association Standard 780. Tank battery facilities shall
be equipped with a remote foam line and a lightning arrestor system.
(n) Gas emission or burning restricted. No person shall allow, cause or permit Gas
to be vented into the atmosphere or to be burned by open flame except as
provided by law or as permitted by the Commission.
(o) Grass, weeds, trash. Each Drill Site and Operation Site shall be kept clear of
high grass, weeds, and combustible trash.
(p) Lights. No person shall permit any lights located on any Drill Site or Operation
Site to be directed in such a manner so that they shine directly on Streets or
Buildings. To the extent practicable, and taking into account safety
considerations, Drill Site and Operation Site lighting shall be directed downward
and shielded so as to both prevent direct illumination of and minimize glare on
Streets and Buildings within six hundred feet (600').
(q) Muffling exhaust. Exhaust from any internal combustion engine, stationary or
mounted on wheels, used in connection with the Drilling or for use on any
production equipment shall not be discharged into the open air unless it is
equipped with an exhaust muffler, or mufflers or an exhaust muffler box
constructed of noncombustible materials sufficient to suppress noise and
prevent the escape of noxious gases, fumes or ignited carbon or soot. All
Fracturing operations shall be conducted during daylight hours unless the
Operator has notified the Building Official that Fracturing will occur before or
after daylight hours, and the Building Official has approved of such procedures.
(r) Organic solvents. Organic solvents, such as trichloroethylene and carbon
tetrachloride, shall not be used for cleaning any element, structure, or
component of the Derrick, drilling rig, platform, and/or associated equipment,
tools, or pipes. To the maximum extent practicable, high flash point mineral
spirits shall be used.
(s) Pipe dope for thread protection. Lead-free pipe dope shall be substituted for
API specified pipe dope.
(t) Pits. All Drilling and Wells drilled shall utilize a Closed Loop System. Fresh
Water Fracing Pits must be netted at all times to exclude access by waterfowl.
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 20
(u) Private roads and Drill Sites. Prior to the commencement of any Drilling, all
roads used for access to the Drill Site and the Operation Site itself shall be at
least twenty-two feet (22') wide, have an overhead clearance of fourteen feet
(14') and shall be an All-Weather Hard Surface and maintained in accordance
with the Fire Code, and to be non-erodible In particular cases these
requirements governing surfacing of roads may be altered at the discretion of
the Fire Chief after consideration of all circumstances including, but not limited
to, the following: distances from Streets and Buildings; topographical features;
nature of the soil; and exposure to wind. All access roads must be kept clean
and unobstructed at all times.
(v) Signs (Refer to Part 2 for sign permitting requirements).
(1) A sign shall be immediately and prominently displayed at the gate on the
temporary and permanent site fencing erected pursuant to this Resolution.
Such sign shall be of durable material, maintained in good condition and,
unless otherwise required by the Commission, shall have a surface area
of not less than sixteen (16) square feet with contrasting lettering not less
than four inches (4") tall and shall be lettered with the following:
a. Location Name and Pad Name;
b. Name of Operator;
c. The emergency 911 number; and
d. 24 Hour telephone numbers of two (2) persons responsible for the Well
who may be contacted in case of emergency.
(2) Permanent weatherproof signs reading "DANGER NO SMOKING
ALLOWED" in both English and Spanish shall be posted immediately
upon Completion at the Operation Site fencing at the entrance of each
Operation Site and tank battery or in any other location approved or
designated by the Fire Department. Sign lettering shall be four inches (4")
in height and shall be red on a white background or white on a red
background. Well and lease designation signage shall be posted in those
locations and sizes as required by the Commission in Rule 3.3
Identification of Properties, Wells, and Tanks.
(w) Storage of equipment. On-site storage is prohibited on the Operation Site. No
equipment shall be stored on the Drill Site or Operation Site, unless it is
necessary to the everyday operation of the Well. Lumber, pipes, tubing and
casing shall not be left on the Operation Site except when Drilling or Well
servicing operations are being conducted on the Operation Site. No vehicle or
item of machinery shall be parked or stored on any Street, or upon any
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 21
Operation Site which constitutes a fire hazard or an obstruction to or
interference with fighting or controlling fires except that equipment which is
necessary for Drilling or production operations on the Drill Site or Operation
Site. The Fire Department shall determine whether equipment constitutes a fire
hazard.
(x) Storage tanks. All tanks intended to contain hydrocarbons and permanent
structures shall conform to the API specifications unless other or additional
specifications are approved by the Fire Department. All tanks shall require a
Fire Code permit and application must be made in accordance with the Fire
Code. All storage tanks shall be equipped with a secondary containment
system including lining with an impervious material. The secondary
containment system shall be a minimum of one and one-half (1-1/2) times the
contents of the largest tank in accordance with the Fire Code. Drip pots shall
be provided at the pump out connection to contain the liquids from the storage
tank. All tanks shall be set back pursuant to the standards of the Commission
and the Fire Code. Each storage tank system shall be equipped with a level
control device that will automatically activate a valve to close the Well in the
event of excess liquid accumulation in the tank system. No meters, storage
tanks, separation facilities, or other above ground facilities, other than the
wellhead and flow lines, shall be placed in a floodway identified by FEMA on
the most current FIRM. Meters, storage tanks, separation facilities, or other
above ground facilities proposed in the floodplain shall be outside of the
floodway and shall be subject to approval by the Building Official.
(y) Swabbing, bailing and purging Wells. No person shall begin the operation of
swabbing a Well without first complying with the provisions of this Section. In
swabbing, bailing or purging a Well, all deleterious substances removed from
the borehole shall be placed in appropriate tanks and no substances shall be
permitted to pollute any surface or subsurface fresh water. No Well shall be
swabbed before a device, commonly known as a lubricator, has been placed on
the flow casing above all outlets or flow lines of the Well. The lubricator shall
be not less in diameter than the flow casing and equipped with an adequate oil
saver or stuffing box at the top. The total inside length of the lubricator shall be
not less than five feet (5') more than the total length of swab and turn back on
swab line. The lubricator shall have a nipple not less than two inches (2") in
diameter nor more than four inches (4") in length, placed not more than six
inches (6") from the top of the flow line or lines between the gate valve on the
flow lines and flow casings. The nipple shall be provided with a gate valve not
less than two inches (2") in size. All equipment and parts of the lubricator shall
be of a type designed and tested to withstand a pressure of 3,000 pounds per
square inch. All pressure tests shall be by the hydrostatic method.
(z) No refinery, processing, treating or absorption plant of any kind, shall be
constructed, established or maintained within the Airport except as necessary
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 22
to render gas into a quality suitable for delivery to third party pipelines. Natural
gas fractionation will require a separate permit.
(aa) Surface casing. Surface casing shall be in full compliance with the applicable
rules and regulations of the Commission. Surface casing shall have a
centralizer in the middle of the shoe joint, a centralizer on the top of the second
joint of casing, and centralizers every fourth joint. Surface casing must be new
pipe of API grade J or K or higher grade and have a minimum burst pressure
rating of 2,900 psi. In the event a rupture, break or opening occurs in the
surface or production casing, the Operator or drilling contractor shall promptly
report the incident to the Building Official. Immediate action shall be taken to
repair such casing and the Building Official shall be given the opportunity to
witness the repairs.
(bb) Valves. Each Well must have a shutoff valve to terminate the Well's production.
The Fire Department shall have access to the Well site to enable it to close the
shut-off valve in an emergency.
(cc) Storage. Any permanent, temporary or portable tank, vessel, container, pit or
impoundment used for storage of products, materials or wastes shall be
selected and maintained to be fit for the purpose and capacity in which it will be
used. Any such storage shall only be used for materials and wastes from oil
and gas exploration and production activities within the boundaries of
Dallas/Fort Worth Airport. All waste shall be disposed of in such time, place
and manner as to comply with the air and water pollution control regulations of
the Federal Government, the State, this Resolution and any other applicable
requirement of the Airport Board.
(dd) Watchperson. The Operator must keep a watchman or security personnel on
site during the Drilling or re-working of a Well when other workers are not on
the premises.
(ee) Installation of pipelines on, under or across Airport property. The Operator shall
apply to the Airport Board for a Permit to use the Airport for the purpose of
constructing, laying, maintaining, operating, repairing, replacing and removing
pipelines. Prior to installation, the owner of the pipeline shall submit to the
Building Official the pipeline design criteria, including but not limited to,
operating pressures, pipeline gradient and elevation to sea level, location, pipe
ASTM grade, and pipe wall thickness. Prior to and subsequent to installation of
each segment of new or replacement pipeline, the pipe and pipeline must
receive and pass on-site inspection of compliance with the design criteria and
the process of installation. All new or replacement pipe or pipelines shall be
covered and must be at least 48 inches below the existing ground level as
verified and approved by the Building Official. Operator shall:
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 23
(1) Not interfere with or damage existing water, sewer or gas lines or the
facilities of public utilities located on, under or across a Street.
(2) Furnish to the Building Official a site plan showing the location of such
pipelines.
(3) Design, construct, maintain and operate natural gas pipelines in
accordance with 49 U.S.C. 60101, et seq.; 49 Code of Federal
Regulations (CFR) Part 191, Transportation of Natural and Other Gas by
Pipeline; Annual Reports, Incident Reports, and Safety-Related Condition
Reports; 49 CFR Part 192, Transportation of Natural and Other Gas by
Pipeline: Minimum Federal Safety Standards; and 49 CFR Part 193,
Liquefied Natural Gas Facilities: Federal Safety Standards.
(4) Grade, level and restore such property to the same surface condition, as
nearly as practicable, as existed prior to the laying of the pipeline.
(5) If a pipeline becomes unsafe or is not properly maintained, or in the event
a leak is detected, the Operator of the line shall immediately evaluate the
leak or release and either shut in the pipeline or, as soon as possible,
shall initiate repairs according to the procedure in section (oo) below.
(6) As mandated by DOT requirements under CFR 192.701, each owner or
operator of a gas pipeline for which a Permit is required under this
Resolution shall have it surveyed at least twice each year with intervals
not to exceed 7.5 months for the purpose of determining whether it is in
safe condition and free from leaks, breaks or open spaces. The owner or
operator shall provide a copy of the leakage survey report required under
DOT CFR 192.706 supported by an affidavit by the person making the
survey to the DFW Department of Public Safety Fire Prevention Office,
within 30 days of completion of the survey. For failure to timely make the
survey and report, or if the report discloses or it otherwise appears that
any line is leaking, defective or unsafe, the pipeline shall be closed and
shut-in until such time as the leak has been repaired, or a repair plan or
report has been approved by the Building Official.
(7) The location of all new or replacement pipe or pipelines shall be marked
by the owner(s) thereof or by the person installing or operating the pipe or
pipeline. Marker signs shall be placed at all locations where pipe or
pipelines cross property boundary lines and at each side of a Street which
the pipe or pipeline crosses. The top of all marker signs shall be a
minimum of four feet (4') above ground level, and the support post must
be sufficient to support the marker sign and shall be painted yellow or
such other color as may be approved by the Building Official. All marker
signs shall comply with US Department of Transportation standards
regarding size, shape, color, installation, positioning, maintenance and
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 24
other related signage requirements. It is the joint and severable
responsibility of the owner and the operator of any and all pipelines to
maintain the markers in accordance with this Section.
(ff) Streets. No Permit shall be issued for any Well to be drilled within any Street,
and no Street shall be blocked, encumbered, or closed due to any Exploration,
Drilling or production operations.
(gg) Vehicle routes. Vehicles associated with Drilling and/or production in excess of
three (3) tons shall be restricted to those arterials or routes designated by the
Airport.
(hh) Tank specifications for a Gas Well. All tanks and permanent structures shall
conform to the API specifications unless other specifications are approved by
the Airport Board. The top of the tanks shall be no higher than twelve feet (12')
above the terrain surrounding the tanks.
(ii) All Drilling, re-entry and operations at any Well shall be conducted using the
best available technology. All casing, valves, Blowout Preventers, drilling
fluids, tubing, bradenhead, Christmas tree and wellhead connections shall be of
a type and quality consistent with sound engineering practices. The setting and
cementing of casing and running of drill stem tests shall be performed in a
manner consistent with the best available technology. All persons engaged in
Drilling or production operations shall observe and follow the recommendations
and regulations of the API and the Commission, except in those instances
specifically addressed by this Resolution.
(jj) Upon Completion of the Well, the Operator shall provide a copy of the
Commission Completion Report W15, and certify by affidavit that the Well has
been completed according to good engineering practices. The affidavit shall
stipulate the number of sacks of cement, the class of cement, blended
materials, weight of cement in pounds per gallon, cement displacement
pressure, final pumping pressure and whether checkvalves held the pressure.
Commencement and completion times of such operation shall be stipulated.
The affidavit must be completed by a cementing service company and signed
by both the Operator and the cementing service company.
(kk) No person shall commence any operation to change the equipment of a Well for
the purpose of cleaning, repairing or reconditioning any such Well, before
notifying the Building Official that such operation is to be commenced. No
person shall commence such operation unless he receives approval. The
Building Official shall give approval for converting from natural to artificial
production if it appears that the provisions of this Resolution have been and are
being complied with.
(II) In no case shall Gas or air be transported through any pipeline at a working
pressure in excess of 1,000 pounds. If it is necessary to use greater working
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 25
pressure, a gas or air booster plant shall be installed not closer than 75 feet
from the Derrick floor of a Well or tank battery and the compressor unit not less
than 100 feet from the Derrick floor of the Well being served. In no event shall
more than 1,500 pounds working pressure be used in flowing a Well by artificial
means.
(mm) All Gas gathering lines and pipelines on DFW Airport shall be designed,
installed, tested and maintained in accordance with the most current version of
49CFR192 -Transportation of Natural or Other Gas by Pipeline: Minimum
Federal Safety Standards. All permanent fresh water and Brackish water
HDPE lines shall be tested to ASTM D-2837 following installation or repair.
(nn) At each Well where air or gas lift is used, there shall be placed on the air or gas
lift an indicating pressure gauge which shall show the working pressure of air or
gas delivered to the Well at all times. All gauges installed on lines shall be
tested and corrected every six (6) months.
(oo) The Building Official shall inspect all pressure lines in use at any Well or at any
project to ensure that tubing, fittings, equipment or connections are reasonably
tight, safe and free from leaks. If it becomes necessary to change or remove
any pipeline, the entire expense of change or removal shall be borne by the
owner of the line requiring repair. Each leak noted shall be classified by a
qualified person as to its risk to people and property based on the leak location,
line use and content, line pressure, surrounding land use and other
considerations. Each leak shall be classified upon discovery, and a repair
schedule shall be developed to make repairs as soon as possible, but not to
exceed one month. The leak shall be monitored regularly until repairs are
made. All such repair plans shall be submitted to and approved by the Building
Official.
(pp) All pipelines, connections and fixtures installed or used for the purpose of gas
transportation shall be operated and maintained in a safe manner at all times
so as to prevent all leakage or escape of their contents.
(qq) The Building Official shall have the authority to require the immediate shutting in
or closing of any Well if he finds there exists, within a 100-foot radius of any
Well, any Gas or gasoline vapor in a quantity sufficient to constitute, in his sole
judgment, or in the sole judgment of the Fire Chief, a fire hazard. The Well
shall remain shut in or closed in until the hazard and its cause have been
remedied.
(rr) In the event of a fire or discovery of a fire, smoke, or unauthorized release of
flammable or hazardous materials ,the Operator shall immediately report such
condition to the Fire Department.
(ss) Every Disposal Well shall be constructed so as to seal the injection zone from
the upper portion of the casing. Cement shall be circulated to the surface for
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 26
injection zone casing. The annulus between the casings shall be filled with a
non-corrosive fluid, then sealed and a 1/4-inch female fitting with cutoff valve
shall be attached so that the pressure annulus may be measured by the
Building Official by attaching a gauge with a '/4-inch male fitting. The annulus
between the production casing and the injection tubing shall be pressure tested
to a pressure at least 250 psi greater than the injection pressure proposed for
the Well. The Building Official shall be given the opportunity to witness and
approve the pressure testing. A copy of all H-5 test reports must be provided to
the Building Official. A pressure shall be maintained in the annulus sufficient to
monitor the fluids in the annulus. Any significant deviation from the established
pressure shall be cause to shut down the Well, and may result in cancellation
of the operating Permit, until the established pressure can once again be
maintained.
(1) The DFW Airport Permit for Disposal Well shall reflect the maximum
injection pressure as permitted by the Commission. Exceeding this
injection pressure shall be considered a violation of this Section.
(2) Injection lines for such wells shall be buried to a minimum depth of four
feet (4'), and shall be pressure tested (static) annually at a minimum of
150 percent of the pressure normally encountered at the injection pump
discharge for a period of hours to be fixed by the Building Official. The
Building Official shall be notified in writing five (5) days in advance of such
test and may supervise it. Test results shall be filed with the Building
Official upon completion.
(3) Before performing any down-hole work on a Disposal Well, the Operator
shall notify the Building Official at least five (5) days in advance of
performing the work, or as soon as practical in the event of emergency
repair work. The Building Official shall be given the opportunity to witness
the installation of tubing and packer in the Disposal Well. The annulus
between the injection tubing and the production casing shall then be
pressure tested as required by Commission Rule 3.9.12 Testing. The
Building Official shall be given the opportunity to witness the pressure
testing of this annulus.
(4) The Operator of the well shall submit to the Building Official all reports and
notifications at the same frequency that such reports and notifications are
required under TX RRC Rule 3.9 Disposal Wells, or its equivalent.
SECTION 15
SCREENING
(a) Throughout the entire Exploration, Drilling, and production process there
shall be screening improvements (fences, walls, Berms and landscaping)
required during each phase of the process if the Drill Site or Operation Site is
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 27
visible from a Building or Street, exclusive of construction roads, haul roads or
access roads. Without regard to visibility, each Fresh Water Fracing Pit that is
open to the atmosphere or surface shall be screened.
(1) During Drilling. A temporary chain link fence with all-weather screening
fabric at least six feet (6') in height shall be established around the entire
Operation Site to obscure view of the Drilling activities. A secured
entrance gate shall be required. All gates are to be kept locked when the
Operator or his employees are not within the enclosure. A "Knox Padlock"
or "Knox Box with a key" shall be provided to access the Well site to be
used only in case of an emergency.
(2) Completion through Abandonment (production phase). A painted
architectural metal fence or other approved fencing and/or screening shall
be required to enclose and visually screen the Well and all associated
equipment. An earthen Berm may also be required. The masonry walls,
Berms, and landscaping shall be in compliance with standard engineering
and design practices and shall meet the following minimum requirements:
a. The painted architectural fence or other approved fencing and/or
screening material and design shall be generally compatible with the
design of similar facilities, Building and structures on and/or adjacent to
the site as approved by the Building Official; and
b. Painted architectural fences shall be at least eight feet (8') in height.
(3) Each Fresh Water Fracing Pit shall be surrounded by a temporary chain
link fence with all-weather screening fabric at least six feet (6') in height.
A secured entrance gate shall be required. All gates are to be kept locked
when the Operator or his employees are not within the enclosure. A
"Knox Padlock" or "Knox Box with a key" shall be provided to access the
Well site to be used only in case of an emergency. If the Fresh Water
Fracing Pit is open to the atmosphere or the surface, it shall be covered by
netting sufficient to inhibit access to the pit by fowl.
(b) Gate specifications. All temporary fences and masonry walls shall be equipped
with at least one (1) gate. The gate shall meet the following specifications:
(1) At least one gate shall be not less than twelve feet (12') wide and be
composed of two (2) gates, each of which is not less than six feet (6') wide,
or one (1) sliding gate not less than twelve feet (12') wide. If two (2) gates
are used, gates shall latch and lock in the center of the span;
(2) The gates shall be of chain link construction, with all-weather screening
fabric, that meets the applicable specifications, or of other approved
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 28
material that, for safety reasons, shall be at least as secure as a chain link
fence;
(3) The gates shall be provided with a combination catch and locking
attachment device for a padlock, and shall be kept locked except when
being used for access to the site; and
(4) Operator must provide the Fire Department with a "Knox Padlock" or "Knox
Box with a key" to access the Well site to be used only in case of an
emergency.
SECTION 16
CLEANUP AND MAINTENANCE
(a) Cleanup after well servicing. After the Well has been completed or there has
been an Abandonment, the Operator shall clean the Drill Site or Operation Site,
complete restoration activities and repair all damage to property caused by such
operations within sixty (60) days.
(b) Clean-up after spills, leaks and malfunctions. After any spill, leak or malfunction,
the Operator shall remove or cause to be removed to the satisfaction of the Fire
Department and the Building Official all waste materials from any property
affected by such spill, leak or malfunction. Clean-up operations must begin
immediately. If the Operator fails to begin clean-up within twenty-four (24) hours,
the Airport Board shall have the right to contact the Commission in order to
facilitate the removal of all waste materials from the property affected by such
spill, leak or malfunction.
(c) Painting. All production equipment shall be painted and maintained at all times,
including wellheads, pumping units, tanks, and Buildings. When requiring
painting of such facilities, the Building Official shall consider the deterioration of
the quality of the material of which such facility or structure is constructed, the
degree of rust, and its appearance. Paint shall be non-reflective and of a neutral
color, compatible with surrounding uses. Neutral colors shall include sand, gray
and unobtrusive shades of green, blue and brown, or other neutral colors
approved by the Building Official.
(d) Blowouts. In the event of the loss of control of any Well, Operator shall
immediately take all reasonable steps to regain control regardless of any other
provision of this Resolution and shall notify the Building Official and Fire Chief as
soon as practicable. If in the opinion of the Building Official or the Fire Chief, a
danger to persons and/or property exists because of such loss of Well control
and that the Operator is not taking or is unable to take all reasonable and
necessary steps to regain control of such Well, the Building Official may then
employ any well control expert or experts or other contractors or suppliers of
special services, or may incur any other expenses for labor and material which
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 29
the Building Official deems necessary to regain control of such Well. The Airport
Board shall then have a valid lien against the interest in the Well of all working
interest owners to secure payment of any expenditure made by the Airport Board
pursuant to such action of the Building Official in gaining control of said Well.
SECTION 17
PLUGGED AND ABANDONED WELLS
(a) Surface requirements for the Abandonment of a Well. Whenever Abandonment
occurs pursuant to the requirements of the Commission, the Operator shall be
responsible for the restoration of the Well site to its original condition as nearly as
practicable, in conformity with the regulation of this Resolution.
(b) Abandonment shall be approved by the Building Official after restoration of the
Drill Site and/or Operation Site has been accomplished in conformity with the
following requirements at the discretion of the Building Official:
(1) The Derrick and all appurtenant equipment thereto shall be removed from the
site;
(2) All tanks, towers, and other surface installations shall be removed from the
site;
(3) All concrete foundations, piping, wood, guy anchors and other foreign
materials regardless of depth, except surface casing, shall be removed from
the site, unless otherwise directed by the Commission;
(4) If any soil was contaminated, it shall be removed in accordance with local,
State and Federal regulations;
(5) All holes and depressions shall be filled to grade with clean, compactable soil;
(6) All waste, refuse or waste material shall be removed; and
(7) During Abandonment, Operator shall comply with all applicable sections in
this Resolution.
(c) Abandoned Well requirement. The Operator shall furnish the following to the
Building Official:
(1) A copy of the approval of the Commission confirming compliance with all
Abandonment proceedings under state law; and
(2) A notice of intention to abandon under the provisions of this Section and
stating the date such work will be commenced. Abandonment may then be
commenced on or subsequent to the date so stated.
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 30
(d) Abandonment requirements prior to new construction. A Well Site or Drill Site
where there has been an Abandonment shall meet the most current
Abandonment requirements of the Commission prior to the issuance of any
Permit for development of the property. No structure shall be built over an
abandoned Well.
(e) The Operator can only abandon a Well if the Building Official has reviewed and
approved the Abandonment.
SECTION 18
TECHNICAL ADVISOR
The Airport Board may from time to time employ a technical advisor or advisors who are
experienced and educated in the gas industry or the law as it pertains to gas matters.
The function of such advisor(s) shall be to advise, counsel or represent the Airport
Board on such matters relating to gas operations within the Airport as the Airport Board
may want or require and the effect thereof, both present and future, on the health,
welfare, comfort and safety of the public. In the event such technical advisor(s) is (are)
employed for the purpose of advising, counseling or representing the Airport Board
relative to an Operator's unique and particular set of circumstances, case or request
relating to this Resolution, then the cost for such services of such technical advisor(s)
shall be assessed against and paid for by such Operator in addition to any fees or
charges assessed pursuant to this Resolution. Prior to the employment of a technical
advisor, the Airport Board shall inform the Operator of the intended scope of work and
the estimated costs and expenses.
SECTION 19
MEANS OF APPEAL
Refer to Part One, Construction and Fire Prevention Standards Resolution for Board of
Appeals.
SECTION 20
VARIANCE RESOLUTION COMMITTEE
The Airport Board hereby establishes a Variance Resolution Committee for Gas
Exploration and Production, hereinafter referred to as the Variance Resolution
Committee, for the purpose of considering variances to the requirements of Part Nine.
The Variance Resolution Committee shall consist of the following Airport staff positions:
Vice President, Commercial Development or successor department
Vice President, Department of Public Safety or successor department
Vice President, Finance or successor department
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 31
Vice President, Operations or successor department
Vice President, Planning or successor department
(a) An Applicant for a Permit required by this Part may apply for a variance from the
requirements of this Part by submitting to the Building Official a written request
for variance. The request must include the following:
(1) Description of the requested variance and an explanation of why it should be
granted;
(2) Description of alternatives considered and why each is not the preferred
alternative;
(3) Description of the economic consequences if the variance is not granted; and
(4) Description of how the level of health, safety and welfare of the public will be
maintained if the variance is granted.
(b) The Building Official shall forward copies of the variance request to the Variance
Resolution Committee members. On a case-by-case basis, the Variance
Resolution Committee shall consider the following in granting a variance:
(1) Whether the operations proposed are safe and reasonable under the
circumstances and conditions prevailing in the area, considering the
particular location and the character of the improvements located there;
(2) How the operations proposed compare to available alternatives;
(3) Whether the operations proposed would conflict with the orderly growth and
development of the Airport;
(4) The economic consequence if the variance is not granted;
(5) Whether the operations proposed adequately protect the health, safety and
welfare of the public; and
(6) Whether the operations proposed provide acceptable access for fire
personnel and firefighting equipment.
(c) Approval of a variance requires that a minimum of three Variance Resolution
Committee members vote in favor of the approval. The Variance Resolution
Committee shall notify the Airport tenants affected by any request for variance
and allow them to address the request in writing within twenty (20) days of the
notice. Only variances that would result in a setback distance between any Well
or Disposal Well and a Building to less than the minimum setback outlined in
Section 13 of this Part will be deemed to affect an Airport tenant.
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 32
The Variance Resolution Committee shall not be required to hold public hearings,
except upon request of two Committee members. The Variance Resolution
Committee shall notify the Airport Board in writing of each variance request at
least twenty (20) days prior to the granting of such variance. Upon request of two
voting Airport Board members, a variance shall be placed on a public meeting
agenda of the Airport Board. The Variance Resolution Committee shall not
thereafter grant the variance request without consent of the Airport Board.
The details of each action granting or denying the requested variance shall be
recorded and entered in the files of the Office of the Building Official, and the
Building Official shall forward a letter to the Applicant stating whether the
Variance Resolution Committee has approved or denied the variance request and
listing any conditions placed upon an approval. The Variance Resolution
Committee shall report each such action to the Airport Board on at least a
quarterly basis.
SECTION 21
SEVERABILITY CLAUSE
It is the intention of the Airport that the phrases, clauses, sentences, paragraphs and
sections of this Resolution are severable, and if any phrase, clause, sentence,
paragraph or section of this Resolution shall be declared unconstitutional or
unenforceable by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality or unenforceability shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this Resolution.
Part Nine -Oil and Gas Exploration and Production
Part Nine - Pg. 33
City of Fort Worth, Texas
Mayor and Council Communication
~ M .~~ k :... a t~SS P N ~ i; ,. ~.'F,~x.-.~. X . . ~L~. ~.~ :-.~ Fem. i" <.~
COUNCIL ACTION: Approved on 2/15/2011 -Ordinance No. 19547-OZ-2011
DATE: Tuesday, February 15, 2011
LOG NAME: 12DFW PART NINE
F
REFERENCE NO.: **G-17207
SUBJECT:
Adopt Ordinance Approving Dallas/Fort Worth International Airport Board Resolution 2010-08-171,
Amending the Construction and Fire Prevention Standards by Adopting the 2008 Model Electrical Code
and Certain 2009 International Code Council Model Codes and Amending Part Nine-Oil and Gas
Exploration and Production, with the Exception of a Provision Related to Brackish Water
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance approving Dallas/Fort Worth
International Airport Board Resolution 2010-08-171, which amends Airport Board Resolution 88-147,
Construction and Fire Prevention Standards, with the Exception of a Provision Related to Brackish Water.
DISCUSSION:
At its meeting on August 5, 2010, the Dallas/Fort Worth International Airport Board (Airport Board)
approved amendments to the Construction and Fire Prevention Standards (Standards) to adopt the
following model codes, with local amendments:
2009 International Building Code
2009 International Fire Code
2008 National Electrical Code
2009 International Mechanical Code
2009 International Plumbing Code
2009 International Fuel Gas Code
2009 International Energy Conservation Code
The proposed amendments to Part Nine amend Airport Board regulations relating to oil and gas
exploration and production, including the use of explosives on airport property, and add references to
Texas Railroad Commission regulations. The proposed amendments would also allow the
disposal/injection of off-airport generated brackish water into the Airport's salt water disposal wells. The
Dallas City Council did not approve the recommended change to Part Nine of the DFW Construction and
Fire Prevention Standards which would allow on-airport disposal of off-airport produced brackish water.
DFW Airport Staff has requested that the City of Fort Worth not approve the brackish water amendment,
contained in subsection (b) of Section 6 of Part Nine.
Logname: I2DFW PART NINE Page 1 of 2
The Airport Board first adopted Construction and Fire Prevention Standards Resolution No. 880147 on
June 7, 1988, in order to establish standards for construction and fire prevention to protect the health,
safety, and welfare of the public. Standards for oil and gas exploration were not included in the original
adoption. Part Nine-Oil and Gas Exploration and Production was adopted by the Airport Board by
Resolution No. 2006-03-068 on March 6, 2003.
The resolution approved by the Airport Board is in furtherance of the Airport Board's goal to create a safe
environment for the airport's employees, tenants, and guests.
Both state law and the 1968 Contract and Agreement between the cities of Fort Worth and Dallas require
that amendments to the Airport Board's resolutions must be approved by the Councils of both cities. On
January 26, 2011, the Dallas City Council approved the adoption of the above-listed model codes, along
with the local changes, and Part Nine, with the exception of the amendment to Part Nine, Section 6(b).
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers
CERTIFICATIONS:
Submitted for Citx Manager's Office bv:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Charles Daniels (6199)
Sarah Fullenwider (7623)
Charlene Sanders (7611)
Logname: 12DFW PART NINE Page 2 of 2