102.1 Construction and design provisions. The construction and design provisions of this code shall apply to:

1.  Structures, facilities and conditions arising after the adoption of this code.
2.  Existing structures, facilities and conditions not legally in existence at the time of adoption of this code.
3. Existing structures, facilities and conditions where required in Chapter 11.
4. Existing structures, facilities and conditions that, in the opinion of the fire code official,
   constitute a distinct hazard to life or property.
5.  An existing structure that has been closed, vacated, or abandoned for 31 days or more will be classified as a “U” occupancy and will be subject to the requirements of the adopted code as a new facility, even if no construction has occurred.

102.2 Administrative, operational and maintenance provisions. The administrative, operational and maintenance provisions of this code shall apply to:

1. Conditions and operations arising after the adoption of this code.
2. Existing conditions and operations.

102.3 Substantial Improvement. A substantial improvement shall not be made unless the building or structure is made to comply with new construction requirements of the Harris County Fire Code.

102.3.1 Use and Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification or use of a building or structure or portion thereof shall be made, until a fire code inspection has been completed as approved and the County Engineer has issued a certificate of compliance as provided herein. Issuance of a certificate of compliance shall not be construed as an approval of a violation of the provisions of this code or of other regulations, ordinances, or court orders of Harris County, Texas.

102.4 Application of building code. The design and construction of new structures shall comply with Chapters 2-10, 30, 35, and Sections 1405, 1505, 1705.15 through 1705.19, 2403, 2406 through 2409, 3101 through 3105, 3110, 3111, 3301. 3302, 3306, 3307, 3309 through 3314 and Appendix C of the International Building Code, and any alterations, additions, substantial improvements, changes in occupancy, use or changes in structures required by this code, which are within the scope of the International Building Code, shall be made in accordance therewith.

102.5 Application of residential code. Regulated by the State of Texas and the Harris County Floodplain per the County Engineer as appointed by Commissioners Court.

102.6 Historic buildings. The provisions of this code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as historic buildings where such buildings or structures do not constitute a distinct hazard to life or property. Fire protection in designated historic buildings shall be provided with an approved fire protection plan as required in Section 1103.1.1.

102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 80, and such codes and standards shall be considered to be part of the requirements of this code to the prescribed extent of each such reference and as further regulated by Sections 102.7.1 and 102.7.2.

102.7.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.

102.7.2 Provisions in referenced codes and standards. Where the extent of the reference to a
referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard.

102.8 Subjects not regulated by this code. Where applicable standards or requirements are not set forth in this code, or are contained within other laws, codes, regulations, ordinances or bylaws adopted by the jurisdiction, compliance with applicable standards of the National Fire Protection Association or other nationally recognized fire safety standards, as approved, shall be deemed as prima facie evidence of compliance with the intent of this code. Nothing herein shall derogate from the authority of the fire code official to determine compliance with codes or standards for those activities or installations within the fire code official’s jurisdiction or responsibility.

102.9 Matters not provided for. Requirements that are essential for the public safety of an existing or proposed activity, building or structure, or for the safety of the occupants thereof, that are not specifically provided for by this code, shall be determined by the fire code official.

102.10 Conflicting provisions. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in a specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.

102.11 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.

102.12 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.