TABLE OF CONTENT
PERMITS
SECTION 105
105.1 General. Permits shall be in accordance with Sections 105.1.1 through 105.7.5.
105.1.1 Permits required. A property owner or owner’s authorized agent who intends to conduct an operation or business, or construct, substantially improve, enlarge, alter, repair, move or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the County Engineer and obtain the required construction permit(s) or make application to the County Fire Marshal and obtain the required operational permit.
105.1.2 Types of permits. There shall be two types of permits as follows:
- Operational permit. An operational permit allows the applicant to conduct an operation or a business for which a permit is required by Section 105.5 for either:
- A prescribed period.
- Until renewed or revoked.
Operational permits are issued by Harris County Fire Marshal’s office.
- Construction permit. A construction permit allows the applicant to construct, substantially improve, enlarge, alter, repair, move or change the occupancy of a building or structure, or erect, install, enlarge, alter, repair, remove, convert, or replace the installation of which is regulated by this code, or to cause any such work to be performed, or install or modify systems and equipment for which a permit is required by Section 105.6.
Construction permits are issued by Harris County Engineering’s office.
105.1.3 Multiple permits for the same location. Where more than one permit is required for the same location, the fire code official, in consultation with the County Engineer, is authorized to consolidate such permits into a single permit provided that each provision is listed in the permit.
105.1.4 Emergency repairs. Where equipment replacement and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the County Engineer through the approved method.
105.1.5 Repairs. Application or notice to the fire code official and County Engineer is not required for ordinary repairs to structures, equipment or systems. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall any repairs include addition to, alteration of, replacement or relocation of any standpipe, fire protection water supply, automatic sprinkler system, fire alarm system or other work affecting fire protection or life safety.
105.1.5.1 Fire protection repairs. The fire code official shall be notified in accordance with State rules of any repairs or impairments to any fire protection systems.
105.1.6 Annual permit. Instead of an individual construction permit for each alteration to an already approved system or equipment installation, the County Engineer is authorized to issue an annual permit on application therefor to any person, firm or corporation regularly employing one or more qualified tradespersons in the building, structure or on the premises owned or operated by the applicant for the permit.
105.1.6.1 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The fire code official and County Engineer shall have access to such records at all times or such records shall be filed with the fire code official as designated.
105.2 Application. Application for a permit required by this code shall be made to the County Engineer in such form and detail as prescribed by the fire code official and County Engineer. Applications for permits shall be accompanied by such plans as prescribed by the fire code official and County Engineer.
105.2.1 Refusal to issue permit. If the application for a permit describes a use that does not conform to the requirements of this code and other pertinent laws and ordinances, the County Engineer shall not issue a permit but shall return the application to the applicant with the refusal to issue such permit. Such refusal shall, where requested, be in writing and shall contain the reasons for refusal.
105.2.2 Inspection authorized. Before a new operational permit is approved, the fire code official is authorized to inspect the receptacles, vehicles, buildings, devices, premises, storage spaces or areas to be used to determine compliance with this code or any operational constraints required.
105.2.3 Time limitation of application. An application for a permit for any proposed work or operation shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been diligently prosecuted or a permit shall have been issued; except that the fire code official, in consultation with the County Engineer, is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.
105.2.4 Action on application for operational permits. The fire code official shall examine or cause to be examined applications for operational permits and amendments thereto within a reasonable time after filing. If the application or supporting documents do not conform to the requirements of pertinent laws, the fire code official shall reject such application in writing, stating the reasons therefor. If the fire code official is satisfied that the proposed operation conforms to the requirements of this code and laws and ordinances applicable thereto, the fire code official shall issue a permit therefor as soon as practicable.
105.2.5 Action on application for construction permits. The County Engineer shall examine or cause to be examined applications for construction permits and amendments thereto within the timeline specified by State law. If the application or the construction documents do not conform to the requirements of pertinent laws, the County Engineer shall reject such application in writing, stating the reasons therefor. If the County Engineer is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the County Engineer shall issue a permit therefor as soon as practicable.
105.3 Conditions of a permit. A permit shall constitute permission to maintain, store or handle materials; or to conduct processes that produce conditions hazardous to life or property; or to install equipment utilized in connection with such activities; or to install or modify any fire protection system or equipment or any other construction, equipment installation or modification in accordance with the provisions of this code where a permit is required by Section 105.5 or 105.6. Such permission shall not be construed as authority to violate, cancel or set aside any of the provisions of this code or other applicable regulations or laws of the jurisdiction.
105.3.1 Expiration. An operational permit shall remain in effect until reissued, renewed or revoked, or for such a period of time as specified in the permit. Construction permits shall automatically become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Before such work recommences, a new permit shall be first obtained and the fee to recommence work, if any, shall be one-half the amount required for a new permit for such work, provided that changes have not been made and will not be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year. Permits are not transferable and any change in occupancy, operation, tenancy or ownership shall require that a new permit be issued.
105.3.2 Extensions. A permittee holding an unexpired permit shall have the right to apply for an extension of the time within which the permittee will commence work under that permit where work is unable to be commenced within the time required by this section for good and satisfactory reasons. The County Engineer, in consultation with the fire code official, is authorized to grant, in writing, one or more extensions of the time period of a permit for periods of not more than 180 days each. Such extensions shall be requested by the permit holder in writing and justifiable cause demonstrated.
105.3.3 Occupancy Prohibited Before Approval. No building or structure, or portion thereof, shall be occupied until:
- The County Engineer has issued a permit.
- The Fire Code Official has received a request for final inspection from the permit holder as submitted on a form provided by the County Engineer.
- A Certificate of Inspection has been issued by the Fire Code Official, which indicates all applicable provisions of this code established by Harris County have been satisfied.
- A Certificate of Compliance has been issued by the County Engineer, which indicates all applicable codes and standards established by the County Engineer have been satisfied.
105.3.4 Partial / Conditional Certificate of Compliance. Where permits are issued and on the request of a permit applicant, the fire code official is authorized to issue a conditional certificate of compliance, or partial certificate of compliance, to occupy the premises or portion thereof before the entire work or operations on the premises is completed, provided that such portion or portions will be occupied safely prior to full completion or installation of equipment and operations without endangering life or public welfare. Prior to issuing a conditional certificate of compliance or partial certificate of compliance all the following shall be met:
- The uncompleted portion is not relied on for compliance with any provision of this code.
- The occupied portion:
- Has a separate address and utility meter connections, or
- A plan detailing the addressing and utility shutoff concept is approved by the County Engineer and fire code official.
- Each additional phase of completion will require a separate fire code permit, unless complete plans are submitted initially, in which a separate Certificate of Compliance willbe required for each phase and an additional fee will be charged.
The fire code official shall notify the permit applicant in writing of any limitations or restrictions necessary to keep the permit area safe. The holder of a conditional certificate of compliance or partial certificate of compliance shall proceed only to the point for which approval has been given, at the permit holder’s own risk and without assurance that approval for the occupancy or the utilization of the entire premises, equipment or operations will be granted.
105.3.5 Posting the permit. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the fire code official and County Engineer. When a permit or approved plans are not on site or available, during an inspection, the owner of the permit or designee may be subject to a failed inspection and assessed a re-inspection fee prior to any additional inspections.
105.3.6 Compliance with code. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other regulation or ordinance of Harris County. Permits presuming to give authority to violate or cancel the provisions of this code or other regulation or ordinances of Harris County shall not be valid. The issuance of a permit based on the approved construction documents and other approved data shall not prevent the fire code official or County Engineer from requiring the correction of errors in the construction documents and other data. Any addition to or alteration of approved construction documents shall be approved in advance by the County Engineer, as evidenced by the issuance of a new or amended permit.
105.3.7 Information on the permit. The County Engineer and fire code official shall issue all permits required by this code on an approved form furnished for that purpose. The permit shall contain a general description of the operation or occupancy and its location, and any other information required by the County Engineer and fire code official. Issued permits shall bear the signature of the County
Engineer or fire code official or other approved legal authorization.
105.3.8 Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other regulation or ordinances of Harris County. Permits presuming to give authority to violate or cancel the provisions of this code or other regulations or ordinances of Harris County shall not be valid. The issuance of a permit based on the approved construction documents, approved operational documents and other approved data shall not prevent the fire code official or the County Engineer from requiring correction of errors in the documents or other data.
105.4 Revocation. The fire code official or County Engineer is authorized to revoke a permit issued under the provisions of this code where it is found by inspection or otherwise that there has been a false statement or misrepresentation as to the material facts in the application or construction documents on which the permit or approval was based including, but not limited to, any one of the following:
- The permit is used for a location or establishment other than that for which it was issued.
- The permit is used for a condition or activity other than that listed in the permit.
- Conditions and limitations set forth in the permit have been violated.
- There have been any false statements or misrepresentations as to the material fact in the application for permit or plans submitted or a condition of the permit.
- The permit is used by a different person, property owner, or firm than the name for which it was issued.
- The permittee failed, refused or neglected to comply with orders or notices duly served in accordance with the provisions of this code within the time provided therein.
- The permit was issued in error or in violation of an ordinance, regulation or this code.
105.5 Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in 105.5.1 through 105.5.68.
105.5.1 Additive manufacturing. An operational permit is required to conduct additive manufacturing operations regulated by Section 320.3.
105.5.2 Aerosol products, aerosol cooking spray products and plastic aerosol 3 products. An operational permit is required to manufacture, store or handle an aggregate quantity of Level 2 or Level 3 aerosol products, aerosol cooking spray products or plastic aerosol 3 products in excess of 500
pounds (227 kg) net weight.
105.5.3 Amusement buildings. An operational permit is required to operate a special amusement building.
105.5.4 Aviation facilities. An operational permit is required to use a Group H or Group S occupancy for aircraft servicing or repair and aircraft fuel-servicing vehicles. Additional permits required by other sections of this code include, but are not limited to, hot work, hazardous materials and flammable or combustible finishes.
105.5.5 Carnivals and fairs. See Special Events permits.
105.5.6 Cellulose nitrate film. An operational permit is required to store, handle or use cellulose nitrate film in a Group A occupancy.
105.5.7 Combustible dust-producing operations. An operational permit is required to operate a grain elevator, flour starch mill, feed mill, or a plant pulverizing aluminum, coal, cocoa, magnesium, spices or sugar, or other operations producing combustible dusts as defined in Chapter 2.
105.5.8 Combustible fibers. An operational permit is required for the storage and handling of combustible fibers in quantities greater than 100 cubic feet (2.8 m³).
Exception: A permit is not required for agricultural storage.
105.5.9 Compressed gases. An operational permit is required for the storage, use or handling at normal temperature and pressure (NTP) of compressed gases in excess of the amounts listed in Table 105.5.9.
Exception: Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle.
105.5.12 Cutting and welding. An operational permit is required to conduct cutting or welding operations within the jurisdiction.
105.5.13 Dry cleaning. An operational permit is required to engage in the business of dry cleaning or to change to a more hazardous cleaning solvent used in existing dry-cleaning equipment.
105.5.14 Energy storage systems. An operational permit is required for stationary and mobile energy storage systems regulated by Section 1207.
105.5.15 Exhibits and trade shows. See Special Events permits.
105.5.16 Explosives. An operational permit is required for the manufacture, storage, handling, sale or use of any quantity of explosives, explosive materials, fireworks or pyrotechnic special effects within the scope of Chapter 56.
Exception: Storage in Group R-3 occupancies of smokeless propellant, black powder and small
arms primers for personal use, not for resale and in accordance with Section 5606.
105.5.17 Fire hydrants and valves. An operational permit is not required to use or operate fire hydrants or valves intended for fire suppression purposes that are installed on water systems and provided with ready access from a fire apparatus access road that is open to or generally used by the public. All permissions shall be obtained from the applicable utility district providing services.
105.5.18 Flammable and combustible liquids. An operational permit is required:
- To use or operate a pipeline for the transportation within facilities of flammable or combustible liquids. This requirement shall not apply to the off-site transportation in pipelines regulated by the Department of Transportation (DOTn) nor does it apply to piping systems.
- To store, handle or use Class I liquids in excess of 5 gallons (19 L) in a building or in excess of 10 gallons (37.9 L) outside of a building, except that a permit is not required for the following:
- 1.The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant, unless such storage, in the opinion of the fire code official, would cause an unsafe condition.
- .2.The storage or use of paints, oils, varnishes or similar flammable mixtures where such
liquids are stored for maintenance, painting or similar purposes for a period of not
more than 30 days.
- To store, handle or use Class II or Class IIIA liquids in excess of 25 gallons (95 L) in a building or in excess of 60 gallons (227 L) outside a building, except for fuel oil used in connection with oil-burning equipment.
- To store, handle or use Class IIIB liquids in tanks or portable tanks for fueling motor vehicles at motor fuel-dispensing facilities or were connected to fuel-burning equipment. Exception: Fuel oil and used motor oil used for space heating or water heating.
- To remove Class I or II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps normally used for dispensing purposes.
- To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used.
- To place temporarily out of service (for more than 90 days) an underground, protected above-ground or above-ground flammable or combustible liquid tank.
- To change the type of contents stored in a flammable or combustible liquid tank to a material that poses a greater hazard than that for which the tank was designed and constructed.
- To manufacture, process, blend or refine flammable or combustible liquids.
- To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial, industrial, governmental, or manufacturing establishments in accordance with Section 5706.5.4 or to engage in on-demand mobile fueling operations in accordance with Section 5707.
- To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel tanks of motor vehicles, marine craft and other special equipment at commercial, industrial, governmental or manufacturing establishments in accordance with Section 5706.5.4 or, where required by the fire code official, to utilize a site for on-demand mobile fueling operations in accordance with Section 5707.
105.5.19 Floor finishing. An operational permit is required for floor finishing or surfacing operations exceeding 350 square feet (33 m2) using Class I or Class II liquids.
105.5.20 Fruit and crop ripening. An operational permit is required to operate a fruit- or crop-ripening facility or conduct a fruit-ripening process using ethylene gas.
105.5.21 Fumigation and insecticidal fogging. An operational permit is required to operate a business of fumigation or insecticidal fogging, and to maintain a room, vault or chamber in which a toxic or flammable fumigant is used.
105.5.22 Hazardous materials. An operational permit is required to store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed in Table 105.5.22.
TABLE 105.5.9
PERMIT AMOUNTS FOR COMPRESSED GASES
| Type of Gas | Amount (cubic feet at NTP) |
|---|---|
| Carbon Dioxide used in carbon dioxide enrichment systems | 875 (100 lb) |
| Carbon Dioxide used in insulated liquid carbon dioxide beverage dispensing applications | 875 (100 lb) |
| Corrosive | 200 |
| Flammable (except cryogenic fluids and liquefied petroleum gases) | 200 |
| Highly Toxic | Any Amount |
| Inert and simple asphyxiant | 6,000 |
| Oxidizing (including oxygen) | 504 |
| Pyrophoric | Any Amount |
| Toxic | Any Amount |
For SI: 1 cubic foot = 0.02832 m
105.5.10 Covered and open mall buildings. An operational permit is required for:
- The placement of retail fixtures and displays, concession equipment, displays of highly combustible goods and similar items in the mall.
- The display of liquid- or gas-fired equipment in the mall.
- The use of open-flame or flame-producing equipment in the mall.
105.5.11 Cryogenic fluids. An operational permit is required to produce, store, transport on site, use, handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.5.11.
Exception: Permits are not required for vehicles equipped for and using cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading.
TABLE 105.5.11
PERMIT AMOUNTS FOR CRYOGENIC FLUIDS
| Type of Cryogenic Fluid | Inside Building (gallons) | Outside Building (gallons) |
|---|---|---|
| Flammable | More than 1 | 60 |
| Inert | 60 | 500 |
| Oxidizing (includes oxygen) | 10 | 50 |
| Physical or health hazard not including above | Any Amount | Any Amount |
For SI: 1 gallon = 3.785 L
105.5.12 Cutting and welding. An operational permit is required to conduct cutting or welding operations within the jurisdiction.
105.5.13 Dry cleaning. An operational permit is required to engage in the business of dry cleaning or to change to a more hazardous cleaning solvent used in existing dry-cleaning equipment.
105.5.14 Energy storage systems. An operational permit is required for stationary and mobile energy storage systems regulated by Section 1207.
105.5.15 Exhibits and trade shows. See Special Events permits.
105.5.16 Explosives. An operational permit is required for the manufacture, storage, handling, sale oruse of any quantity of explosives, explosive materials, fireworks or pyrotechnic special effects within the scope of Chapter 56.
Exception: Storage in Group R-3 occupancies of smokeless propellant, black powder and small arms primers for personal use, not for resale and in accordance with Section 5606.
105.5.17 Fire hydrants and valves. An operational permit is not required to use or operate fire hydrants or valves intended for fire suppression purposes that are installed on water systems and provided with ready access from a fire apparatus access road that is open to or generally used by the
public. All permissions shall be obtained from the applicable utility district providing services.
105.5.18 Flammable and combustible liquids. An operational permit is required:
- To use or operate a pipeline for the transportation within facilities of flammable or combustible liquids. This requirement shall not apply to the off-site transportation in pipelines regulated by the Department of Transportation (DOTn) nor does it apply to piping systems.
- To store, handle or use Class I liquids in excess of 5 gallons (19 L) in a building or in excess of 10 gallons (37.9 L) outside of a building, except that a permit is not required for the following:
- 2.1. The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant, unless such storage, in the opinion of the fire code official, would cause an unsafe condition.
- 2.2. The storage or use of paints, oils, varnishes or similar flammable mixtures where such liquids are stored for maintenance, painting or similar purposes for a period of notmore than 30 days.
- To store, handle or use Class II or Class IIIA liquids in excess of 25 gallons (95 L) in a building or in excess of 60 gallons (227 L) outside a building, except for fuel oil used in connection with oil-burning equipment.
- To store, handle or use Class IIIB liquids in tanks or portable tanks for fueling motor vehicles at motor fuel-dispensing facilities or were connected to fuel-burning equipment. Exception: Fuel oil and used motor oil used for space heating or water heating.
- To remove Class I or II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps normally use for dispensing purposes.
- To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used.
- To place temporarily out of service (for more than 90 days) an underground, protected above-ground or above-ground flammable or combustible liquid tank.
- To change the type of contents stored in a flammable or combustible liquid tank to a material that poses a greater hazard than that for which the tank was designed and constructed.
- To manufacture, process, blend or refine flammable or combustible liquids.
- To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial, industrial, governmental, or manufacturing establishments in accordance with Section 5706.5.4 or to engage in on-demand mobile fueling operations in accordance with Section 5707.
- To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel tanks of motor vehicles, marine craft and other special equipment at commercial, industrial, governmental or manufacturing establishments in accordance with Section 5706.5.4 or, where required by the fire code official, to utilize a site for on-demand mobile fueling operations in accordance with Section 5707.
105.5.19 Floor finishing. An operational permit is required for floor finishing or surfacing operations exceeding 350 square feet (33 m2) using Class I or Class II liquids.
105.5.20 Fruit and crop ripening. An operational permit is required to operate a fruit- or crop-ripening facility or conduct a fruit-ripening process using ethylene gas.
105.5.21 Fumigation and insecticidal fogging. An operational permit is required to operate a business of fumigation or insecticidal fogging, and to maintain a room, vault or chamber in which a toxic or
flammable fumigant is used.
105.5.22 Hazardous materials. An operational permit is required to store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed in Table 105.5.22.
TABLE 105.5.22
PERMIT AMOUNTS FOR HAZARDOUS MATERIALS
| Type of Material | Amount |
|---|---|
| Combustible liquids | See Section 105.5.18 |
| Corrosive materials Gases Liquids Solids | See Section 105.5.9 55 gallons 1,000 pounds |
| Explosive materials | See Section 105.5.16 |
| Flammable materials Gases Liquids Solids | See Section 105.5.9 See Section 105.5.18 100 pounds |
| Highly toxic materials Gases Liquids Solids | See Section 105.5.9 Any Amount Any Amount |
| Organic peroxides Liquids Class I Class II Class III Class IV Class V Solids Class I Class II Class III Class IV Class V | Any Amount Any Amount 1 gallon 2 gallons No Permit Required Any Amount Any Amount 10 pounds 20 pounds No Permit Required |
| Oxidizing materials Gases Liquids Class 4 Class 3 Class 2 Class 1 Solids Class 4 Class 3 Class 2 Class 1 | See Section 105.5.9 Any Amount 1 gallon 10 gallons 55 gallons Any Amount 10 pounds 100 pounds 500 pounds |
| Pyrophoric materials Gases Liquids Solids | Any Amount Any Amount Any Amount |
| Toxic materials Gases Liquids Solids | See Section 105.5.9 10 gallons 100 pounds |
| Unstable (reactive) materials Liquids Class 4 Class 3 Class 2 Class 1 Solids Class 4 Class 3 Class 2 Class 1 | Any Amount Any Amount 5 gallons 10 gallons Any Amount Any Amount 50 pounds 100 pounds |
| Water-reactive materials Liquids Class 3 Class 2 Class 1 Solids Class 3 Class 2 Class 1 | Any Amount 5 gallons 55 gallons Any Amount 50 pounds 500 pounds |
For SI: 1 gallon = 3.785 L, 1 pound = 0.454 kg.
a. 22 gallons where Table 5003.1.1(1) Note k applies and hazard identification signs in accordance with Section 5003.5 are provided for quantities of 22 gallons or less.
b. 220 pounds where Table 5003.1.1(1) Note k applies and hazard identification signs in accordance with Section 5003.5 are provided for quantities of 220 pounds or less.
105.5.23 HPM facilities. An operational permit is required to store, handle or use hazardous production materials.
105.5.24 High-piled storage. An operational permit is required to use a building or portion thereof with more than 500 square feet (46 m2), including aisles, of high-piled combustible storage.
105.5.25 Hot work operations. An operational permit is required for hot work including, but not limited to:
- Public exhibitions and demonstrations where hot work is conducted.
- Use of portable hot work equipment inside a structure. Exception: Work that is conducted under a construction permit.
- Fixed-site hot work equipment, such as welding booths.
- Hot work conducted within a wildfire risk area.
- Application of roof coverings with the use of an open-flame device.
- Where approved, the fire code official shall issue a permit to carry out a hot work program. This program allows approved personnel to regulate their facility’s hot work operations. The approved personnel shall be trained in the fire safety aspects denoted in this chapter and shall be responsible for issuing permits requiring compliance with the requirements found in Chapter 35. These permits shall be issued only to their employees or hot work operations under their supervision.
105.5.26 Industrial ovens. An operational permit is required for operation of industrial ovens regulated by Chapter 30.
105.5.27 Lumber yards and woodworking plants. An operational permit is required for the storage or processing of lumber exceeding 100,000 board feet (8,333 ft3) (236 m3).
105.5.28 Liquid- or gas-fueled vehicles or equipment in assembly buildings. An operational permit is required to display, operate or demonstrate liquid- or gas-fueled vehicles or equipment in assembly buildings.
105.5.29 LP-gas. An operational permit is required for:
- Storage and use of LP-gas. Exception: A permit is not required for individual containers with a 500 gallon (1893 L) water capacity or less or multiple container systems having an aggregate quantity not exceeding 500 gallons (1893 L), serving occupancies in Group R-3.
- Operation of cargo tankers that transport LP-gas.
105.5.30 Magnesium. An operational permit is required to melt, cast, heat treat or grind more than 10 pounds (4.54 kg) of magnesium.
105.5.31 Miscellaneous combustible storage. An operational permit is required to store in any building or on any premises in excess of 2,500 cubic feet (71 m3) gross volume of combustible empty packing cases, boxes, barrels or similar containers, combustible pallets, rubber tires, rubber, cork or similar combustible material.
105.5.32 Mobile food vendor vehicles and mobile food units (MFUs). A permit is required for all mobile food vendor vehicles and mobile food units operating within unincorporated Harris County.
105.5.33 Motor fuel-dispensing facilities. An operational permit is required for the operation of automotive, marine and fleet motor fuel-dispensing facilities.
105.5.34 Open burning. Open burning is regulated by the Harris County Pollution Control Services Department (HCPCSD) and the Texas Commission on Environmental Quality (TCEQ). All permissions shall be obtained from these entities.
105.5.35 Open flames and torches. An operational permit is required to remove paint with a torch, or to use a torch or open-flame device in a wildfire risk area.
105.5.36 Open flames and candles. An operational permit is required to use open flames or candles in connection with assembly areas, dining areas of restaurants or drinking establishments.
105.5.37 Organic coatings. An operational permit is required for any organic-coating manufacturing operation producing more than 1 gallon (4 L) of an organic coating in one day.
105.5.38 Outdoor assembly venue. An operational permit is required to operate open land as business for assemblies, recreational activities or gatherings.
105.5.39 Places of assembly. An operational permit is required to operate a place of assembly. This permit requirement shall include but is not limited to any location that allows service and consumption of alcohol on premises regardless of the determined maximum occupant load.
105.5.40 Plant extraction systems. An operational permit is required to use plant extraction systems.
105.5.41 Private fire hydrants. An operational permit is required for the existence, the removal from service, use or operation of private fire hydrants.
Exception: A permit is not required for private industry with trained maintenance personnel, private fire brigade or fire departments to maintain, test and use private hydrants.
105.5.42 Pyrotechnic special effects material. An operational permit is required for use and handling of pyrotechnic special effects material.
105.5.43 Pyroxylin plastics. An operational permit is required for storage or handling of more than 25 pounds (11 kg) of cellulose nitrate (pyroxylin) plastics, and for the assembly or manufacture of articles involving pyroxylin plastics.
105.5.44 Refrigeration equipment. An operational permit is required to operate a mechanical refrigeration unit or system regulated by Chapter 6.
105.5.45 Repair garages and motor fuel-dispensing facilities. An operational permit is required for operation of repair garages.
105.5.46 Rooftop heliports. An operational permit is required for the operation of a rooftop heliport.
105.5.47 Spraying or dipping. An operational permit is required to conduct a spraying or dipping operation utilizing flammable or combustible liquids, or the application of combustible powders regulated by Chapter 24.
105.5.48 Storage of scrap tires and tire byproducts. An operational permit is required to establish conduct or maintain storage of scrap tires and tire byproducts that exceeds 2,500 cubic feet (71 m³) of total volume of scrap tires, and for indoor storage of tires and tire byproducts.
105.5.49 Temporary membrane structures, temporary event structures and tents. An operational permit is required to operate an air supported temporary membrane structure, a temporary special event structure or a tent having an area in excess of 400 square feet (37 m2)
Exceptions
- Tents used exclusively for recreational camping purposes.
- Tents open on all sides, which comply with all of the following:
- Individual tents having a maximum size of 700 square feet (65 m2).
- The aggregate area of multiple tents placed side by side without a fire break clearance of not less than 12 feet (3658 mm) shall not exceed 700 square feet (65 m2) total.
- A minimum clearance of 12 feet (3658 mm) to structures and other tents shall be provided.
105.5.50 Tire-rebuilding plants. An operational permit is required for the operation and maintenance of a tire rebuilding plant.
105.5.51 Waste handling. An operational permit is required for the operation of wrecking yards, junk yards and waste material-handling facilities.
105.5.52 Wood products. An operational permit is required to store chips, hogged material, lumber or plywood in excess of 200 cubic feet (6 m3).
105.5.53 Battery exchange operations. An operational permit is required for facilities providing battery exchange programs, or equipment provided for exchange of lithium-ion or lithium metal batteries.
105.5.54 Battery powered devices, trucks, equipment and appliances. An operational permit is required for the use of a battery powered device, truck, equipment or appliance with a battery capacity greater than 300 Whs.
105.5.55 Commercial rental and warehouse complex. The owner of the property is required to obtain an operational permit for a single tenant or multiple tenant retail center, or multi-tenant office warehouse centers that share any fire and life safety systems or emergency service access.
105.5.56 Education facilities. An operational permit is required for any building, structure, or portion thereof, used by six or more persons at any one time for educational purposes for grades K-12. This includes public, private and charter schools.
105.5.57 Licensed facility. An operational permit is required for any facility that holds a state license where the licensing agency requires a fire and life safety inspection to initiate or renew the license.
These occupancies shall include but not be limited to:
- Adult Day Care
- Alcohol and Drug Center
- Assisted Living Facilities
- Child Day Care Facilities
- Foster Group Home
- Foster Home
- Hospital Facilities
- Nursing Home
- Outpatient Clinic
- Personal care home Types A and B
- Residential Board and Care
- Residential Treatment Center
- Vocational School
105.5.58 Lithium batteries. An operational permit is required for an accumulation of more than 15 cubic feet (0.42 m³) of lithium-ion or lithium metal batteries, where required by Section 322.2 or 324.3.
105.5.59 LP-gas associated with a special event. An operational permit is required for the storage and use of LP gas associated with a special event. The storage and use of LP gas shall not exceed 100 lbs. in each vendor area. If more than 100 lbs. of LP gas are required for a vendor, approval in advance is required. The aggregate storage capacity of any one installation or event shall not exceed 8,000 lbs.
105.5.60 Massage establishment. An operational permit is required for any facility that advertises or offers licensed massage therapy or other massage services.
105.5.61 Mobile home community. An operational permit is required for any mobile home park, mobile home community, manufactured home community, or built-to-rent communities. This includes properties used on a temporary or permanent basis.
105.5.62 Mobile re-fueling. An operational permit is required for mobile re-fueling operations. Exception: Mobile re-fueling operations conducted for the purpose of an emergency operation shall not require a permit.
105.5.63 Multiple tenant/Guestroom Housing. An operational permit is required to own or operate a multiple tenant or guestroom facility. This shall include but not be limited to:
- lodging houses
- alternative living facilities
- flophouses
- halfway houses
- Group Homes
This shall not include motels, hotels, bed and breakfast facilities, or apartments.
105.5.64 Recreational Vehicle (RV) Park. An operational permit is required for any RV park with two or more rental sites for the purpose of overnight stay for any length of time.
105.5.65 Special Events. An operational permit is required for any organized, temporary event withan estimated number of participants and spectators of 100 or more people set up outdoors in a parking lot, side of the road, open land, or any outdoor premises not normally or intended to be used for an assembly, or using a building for an event with an anticipated occupancy load of 50 or more if the building is not permitted and constructed as an assembly occupancy. Additionally, if a building is utilized for any purpose other than the intended occupancy for which the building was approved or constructed, and the temporary use is a higher life hazard, a more hazardous operation, or potential threat to the wellbeing of the anticipated attendants or occupants a Special Event Permit is required. Any venue or premises that has a current outdoor assembly venue permit and is hosting an event that is outside of normal daily operations or hosting an event that is over the normal daily average of attendance by 100 attendees, shall obtain a Special Event Permit. Events that require operational permits shall include but not be limited to:
- Fairs and Carnivals
- Trade Shows and Exhibitions
- Outdoor Craft Shows, Tent sales, Swap Meets, or Farmers Style Markets
- Concert-Outdoor or indoor if in a building not designed, constructed, or approved for this purpose or use.
- Cook-offs
- Temporary Outdoor Gatherings
- Bon Fires with anticipated spectators equaling 50 or more.
- Haunted houses if set up in buildings not designed, constructed, or intended for this purpose. This permit is only applicable if the haunted house is being utilized 3 or less days in a 7-day period. Each 3-day use shall require a new permit.
- An event at an outdoor assembly venue that temporarily changes the reported daily operations and activity.
105.5.66 Tire storage. An operational permit is required for indoor or outdoor storage of tires for sales, service, maintenance, or any other business purpose.
105.5.67 Transient living facilities. An operational permit is required for any transient living facility that has 4 or more units available for rent including but not limited to:
- Hotel
- Motel
- Extended stay
- Resorts
105.5.68 Vendor Park. An operational permit is required to utilize any outdoor or indoor area for the purpose of housing vendor operations, both food and/or merchandise sales, of three or more vendors, for more than or equal to one hundred and eighty days. Less than one hundred and eighty days, see Special Events.
105.6 Required construction permits. County Engineer is authorized to issue construction permits for work as set forth in Sections 105.6.1 through 105.6.27, and 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.105.6.1 Automatic fire-extinguishing systems. A construction permit is required for installation of or modification to an automatic fire-extinguishing system. Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit.
105.6.2 Compressed gases. Where the compressed gases in use or storage exceed the amounts listed in Table 105.5.9, a construction permit is required to install, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a compressed gas system. Exceptions:
- Routine maintenance.
- For emergency repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work.
105.6.3 Cryogenic fluids. A construction permit is required for installation of or alteration to outdoor stationary cryogenic fluid storage systems where the system capacity exceeds the amounts listed in Table 105.5.11. Maintenance performed in accordance with this code is not considered to be an alteration and does not require a construction permit.
105.6.4 Emergency responder communication coverage system. A construction permit is required for installation of or modification to in-building, two-way emergency responder communication coverage systems and related equipment. Maintenance performed in accordance with this code is not considered to be a modification and does not require a construction permit. This permit shall be processed through the County Fire Marshal in coordination with Harris County Universal Services to ensure compliance with applicable technical and operational requirements.
105.6.5 Energy storage systems. A construction permit is required to install energy storage systems regulated by Section 1207.
105.6.6 Fire alarm and detection systems and related equipment. A construction permit is required for installation of or modification to fire alarm and detection systems and related equipment. Maintenance performed in accordance with this code is not considered to be a modification and does not require a construction permit.
105.6.7 Fire pumps and related equipment. A construction permit is required for installation of or modification to fire pumps and related fuel tanks, jockey pumps, controllers and generators. Maintenance performed in accordance with this code is not considered to be a modification and does not require a construction permit.
105.6.8 Flammable and combustible liquids. A construction permit is required:
- To install, repair or modify a pipeline for the transportation of flammable or combustible liquids.
- To install, construct or alter tank vehicles, equipment, tanks, plants, terminals, wells, fuel dispensing stations, refineries, distilleries, and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used.
- 3. To install, alter, remove, abandon or otherwise dispose of a flammable or combustible liquid tank.
105.6.9 Fuel cell power systems. A construction permit is required to install stationary fuel cell power systems.
105.6.10 Gas detection systems. A construction permit is required for the installation of or modification to gas detection systems. Maintenance performed in accordance with this code is not considered a modification and shall not require a permit.
105.6.11 Gates and barricades across fire apparatus access roads.A construction permit is required for the installation of or modification to a gate or barricade across a fire apparatus access road.
105.6.12 Hazardous materials. A construction permit is required to install, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a storage facility or other area regulated by Chapter 50 where the hazardous materials in use or storage exceed the amounts listed in Table 105.5.22. Exceptions:
- Routine maintenance.
- For repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work.
105.6.13 High-piled combustible storage. A construction permit is required for the installation of or modification to a structure with more than 500 square feet (46 m2 ), including aisles, of high-piled combustible storage. Maintenance performed in accordance with this code is not considered to be a modification and does not require a construction permit.
105.6.14 Industrial ovens. A construction permit is required for installation of industrial ovens regulated by Chapter 30. Exceptions:
- Routine maintenance.
- For repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work.
105.6.15 LP-gas. A construction permit is required for installation of or modification to an LP-gas system. Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit.
105.6.16 Motor vehicle repair rooms and booths. A construction permit is required to install or modify a motor vehicle repair room or booth. Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit.
105.6.17 Plant extraction systems. A construction permit is required for installation of or modification to plant extraction systems. Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit.
105.6.18 Private fire hydrants. A construction permit is required for the installation or modification of private fire hydrants. Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit.
105.6.19 Smoke control or smoke exhaust systems. Construction permits are required for installation of or alteration to smoke control or smoke exhaust systems. Maintenance performed in accordance with this code is not considered to be an alteration and does not require a permit.
105.6.20 Solar photovoltaic power systems. A construction permit is required to install or modify solar photovoltaic power systems. Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit.
105.6.21 Special event structure. Permitted through operational permit as listed in section 105.5
105.6.22 Spraying or dipping. A construction permit is required to install or modify a spray room, dip tank or booth. Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit.
105.6.23 Standpipe systems. A construction permit is required for the installation, modification or removal from service of a standpipe system. Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit.
105.6.24 Temporary membrane structures and tents. Permitted through operational permit as listed in section 105.5
105.6.25 Building Construction Permits. A construction permit is required to construct, substantially improve, enlarge, alter, repair, move, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace the installation of which is regulated by this code, or to cause any such work to be performed.
105.6.26 Explosion control systems. A construction permit is required for installation of or modification to explosion control systems.
105.6.27 Electric Vehicle Charging Stations. A construction permit is required for installation of or modification to an electric vehicle charging station(s) in accordance with Chapter 6, section 611.
105.7 Fire Code Exemption. Industrial facilities that have a fire brigade meeting the minimum requirements of the Occupational Safety and Health Administration (OSHA) standard can be approved for exemption from the requirements of the fire code regulation including operational permits.
105.7.1 Certificate of Exemption. An industrial facility shall be issued a Certificate of Exemption after application is made and approval is granted by the fire code official. If exemption is not approved, is revoked or expires without renewal; the industrial facility shall be subject to full compliance with obtaining permits as required.
105.7.2 Application. Application for fire code exemption shall be made to the fire code official in such form and detail as prescribed by the fire code official. Applications for exemption shall be accompanied by such documentation as prescribed by the fire code official.
105.7.3 Refusal to issue exemption. If it is determined that an application fails to prove that a fire brigade is compliant with OSHA standards or an applicant refuses to provide all required documentation, the fire code official shall not issue a Certificate of Exemption and shall return the application to the applicant with explanation for disapproval.
105.7.4 Expiration. A Certificate of Exemption shall remain in effect until reissued, renewed or revoked, or for a period not to exceed 3 years. Certificates of Exemption are not transferable and any changes to the status of a facility or the facility’s fire brigade shall be immediately reported to the fire code official. A new application shall be made upon expiration of a Certificate of Exemption, if the ownership of the facility changes, if the capabilities of the fire brigade change, or if the facility’s name changes.
105.7.5 Revocation. The fire code official is authorized to revoke a Certificate of Exemption where it is found that there has been false statement or misrepresentation as to the material facts in the application or supporting documentation on which the approval was based.
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