§ 25-2-516. DEVELOPMENT NEAR A HAZARDOUS PIPELINE.

(A)

In this section:

(1)

HAZARDOUS PIPELINE means a pipeline designed for the transmission of a "hazardous liquid", as defined by Title 49, Code of Federal Regulations, Section 195.2, with an inside diameter of eight inches or more.

(2)

NEW CONSTRUCTION means the construction after April 20, 2003 of a structure intended for human occupancy, and includes the construction of a new structure, the construction of an addition to an existing structure and the reconstruction of a portion of an existing structure. The term excludes an addition to or the reconstruction or replacement of a structure existing on April 21, 2003 used for:

(a)

single-family residential use;

(b)

small lot single-family residential use;

(c)

single-family attached residential use;

(d)

duplex residential use;

(e)

two-family residential use;

(f)

mobile home residential use; or

(g)

in a neighborhood plan combining district:

(i)

cottage special use;

(ii)

urban home special use; or

(iii)

secondary apartment special use.

(3)

RESTRICTED PIPELINE AREA includes an area within 25 feet of a hazardous pipeline and an area within a hazardous pipeline easement.

(4)

USE REQUIRING EVACUATION ASSISTANCE includes the following uses:

(a)

congregate living;

(b)

convalescent services;

(c)

detention facilities;

(d)

day care services (commercial);

(e)

hospital (general);

(f)

hospital (limited);

(g)

medical offices exceeding 5,000 square feet of gross floor area;

(h)

private primary educational facilities;

(i)

private secondary educational facilities;

(j)

public primary educational facilities;

(k)

public secondary educational facilities; and

(l)

retirement housing (large site).

(B)

A use requiring evacuation assistance is prohibited in a structure intended for human occupancy that is located within 500 feet of a hazardous pipeline. This prohibition does not apply to a structure that is located between 200 and 500 feet of a hazardous pipeline if by resolution the council determines, after receiving a recommendation from the fire chief, that:

(1)

the structure has a performance-based design that provides an adequate time period for occupant evacuation to a safe place in the event of a pipeline leak or fire associated with the pipeline, after considering:

(a)

the requirements of Chapter 25-12, Article 7 ( Uniform Fire Code ) and the 2000 edition of the National Fire Protection Association 101 Life Safety Code;

(b)

the site and structure design;

(c)

the structure's building materials;

(d)

the structure's distance from the pipeline;

(e)

the use of radiant energy barriers;

(f)

access to the site and the structure by emergency responders;

(g)

available on-site resources for emergency responders;

(h)

the topography and other natural features;

(i)

the use of the structure; and

(j)

the evacuation capability of the occupants;

(2)

the structure incorporates a system for the early detection and notification of a pipeline leak, if the fire chief determines that an appropriate system is commercially available; and

(3)

the performance-based design for occupant evacuation and the early detection and notification system are certified and sealed by an engineer registered in Texas.

(C)

A person may not build new construction within 200 feet of a hazardous pipeline unless:

(1)

the fire chief determines that:

(a)

the new construction has a performance-based design that provides a minimum one-hour time period for occupant evacuation to a safe place in the event of a pipeline leak or a fire associated with the pipeline, in accordance with Chapter 25-12, Article 7 ( Uniform Fire Code ) or the 2000 edition of the National Fire Protection Association 101 Life Safety Code;

(b)

the new construction incorporates a system for the early detection and notification of a pipeline leak, if the fire chief determines that an appropriate system is commercially available; and

(c)

the performance-based design for occupant evacuation and the early detection and notification system are certified and sealed by an engineer registered in Texas; or

(2)

the new construction complies with the standards for construction near a pipeline prescribed by the Fire Criteria Manual.

(D)

A person may not place a structure or excavate within a restricted pipeline area.

(1)

This prohibition does not apply to:

(a)

the pipeline or an appurtenance;

(b)

a facility that produces, consumes, processes, or stores the product transported by the pipeline, including a power generation facility;

(c)

a utility line that crosses the restricted pipeline area, including an appurtenance to the line;

(d)

a utility service connection;

(e)

a road;

(f)

a surface parking lot; or

(g)

a structure or excavation that the director determines does not disturb the pipeline or impede its operation.

(2)

Before a person may place a road, surface parking lot, or utility line in a restricted pipeline area, the person must deliver to the director a certification by a registered engineer stating that the proposed construction activity and structure are designed to prevent disturbing the pipeline or impeding its operation.

Source: Ord. 030410-12; Ord. 031211-11.