| |
| |
| |
|
|
AN ACT
|
|
|
relating to fire protection sprinkler systems in certain |
|
|
residential high-rise buildings in certain counties; creating a |
|
|
criminal offense. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 766, Health and Safety Code, is amended |
|
|
by designating Sections 766.001, 766.002, 766.0021, 766.0025, and |
|
|
766.003 as Subchapter A and adding a subchapter heading to read as |
|
|
follows: |
|
|
SUBCHAPTER A. SMOKE DETECTORS AND FIRE SAFETY INFORMATION |
|
|
SECTION 2. Chapter 766, Health and Safety Code, is amended |
|
|
by adding Subchapter B to read as follows: |
|
|
SUBCHAPTER B. FIRE PROTECTION SPRINKLER SYSTEMS IN CERTAIN |
|
|
RESIDENTIAL HIGH-RISE BUILDINGS IN CERTAIN COUNTIES |
|
|
Sec. 766.051. DEFINITIONS. In this subchapter: |
|
|
(1) "Fire protection sprinkler system" means an |
|
|
assembly of underground or overhead piping or conduits that conveys |
|
|
water with or without other agents to dispersal openings or devices |
|
|
to: |
|
|
(A) extinguish, control, or contain fire; and |
|
|
(B) provide protection from exposure to fire or |
|
|
the products of combustion. |
|
|
(2) "Residential high-rise building" means a building |
|
|
used primarily for a residential purpose and that extends 75 feet or |
|
|
more from the ground. |
|
|
Sec. 766.052. APPLICABILITY OF SUBCHAPTER. This subchapter |
|
|
applies only to a residential high-rise building: |
|
|
(1) that is located in a county with a population of |
|
|
more than 1.5 million in which more than 75 percent of the |
|
|
population resides in a single municipality; |
|
|
(2) in which at least 50 percent of the residents are |
|
|
elderly individuals, individuals with a disability, or individuals |
|
|
with a mobility impairment; and |
|
|
(3) that is not designated as a historically or |
|
|
archaeologically significant site by the Texas Historical |
|
|
Commission or the governing body of the county or municipality in |
|
|
which the building is located. |
|
|
Sec. 766.053. FIRE PROTECTION SPRINKLER SYSTEMS REQUIRED; |
|
|
STANDARD. (a) A residential high-rise building must be equipped |
|
|
with a complete fire protection sprinkler system that is in good |
|
|
working order and is in compliance with this section. |
|
|
(b) The governing body of a municipality in which a |
|
|
residential high-rise building subject to this subchapter is |
|
|
located or, if the building is not located in a municipality, the |
|
|
commissioners court of the county in which the building is located |
|
|
shall adopt a standard for the installation of fire protection |
|
|
sprinkler systems in a residential high-rise building. |
|
|
(c) The standard adopted must be in compliance with National |
|
|
Fire Protection Association 13: Standard for the Installation of |
|
|
Sprinkler Systems. Until the governing body of the municipality or |
|
|
commissioners court of the county, as applicable, adopts a standard |
|
|
as required by this section, the standard is the Standard for the |
|
|
Installation of Sprinkler Systems of the National Fire Protection |
|
|
Association, as that standard existed on September 1, 2015. |
|
|
Sec. 766.054. PHASE-IN COMPLIANCE FOR OWNERS OF CERTAIN |
|
|
RESIDENTIAL HIGH-RISE BUILDINGS. (a) This section applies only to |
|
|
an owner of a residential high-rise building built before September |
|
|
1, 2015. |
|
|
(b) Not later than September 1, 2018, an owner of a |
|
|
residential high-rise building shall provide notice of the owner's |
|
|
intent to comply with this subchapter to: |
|
|
(1) if the building is located in a municipality, the |
|
|
appropriate code official of the municipality in which the building |
|
|
is located; or |
|
|
(2) if the building is not located in a municipality, |
|
|
the county clerk of the county in which the building is located. |
|
|
(c) Not later than September 1, 2021, the owner of a |
|
|
residential high-rise building shall install a water supply on all |
|
|
floors of the building in accordance with National Fire Protection |
|
|
Association 13: Standard for the Installation of Sprinkler Systems. |
|
|
(d) Not later than September 1, 2024, the owner of a |
|
|
residential high-rise building shall install a fire protection |
|
|
sprinkler system in accordance with this subchapter on at least 50 |
|
|
percent of the floors of the building. |
|
|
(e) Not later than September 1, 2027, the owner of a |
|
|
residential high-rise building shall install a fire protection |
|
|
sprinkler system in accordance with this subchapter on all floors |
|
|
of the building. |
|
|
(f) Notwithstanding Subsections (b), (c), (d), and (e), an |
|
|
owner of multiple residential high-rise buildings built before |
|
|
September 1, 2015, is considered to have met the requirements of |
|
|
this section if a fire protection sprinkler system is installed on |
|
|
all floors of: |
|
|
(1) at least 33 percent of the owner's residential |
|
|
high-rise buildings not later than September 1, 2021; |
|
|
(2) at least 66 percent of the owner's residential |
|
|
high-rise buildings not later than September 1, 2024; and |
|
|
(3) all of the owner's residential high-rise buildings |
|
|
not later than September 1, 2027. |
|
|
(g) If a residential high-rise building is a condominium as |
|
|
defined by Section 81.002 or 82.003, Property Code, the apartment |
|
|
or unit owners of the condominium may comply with this subchapter by |
|
|
acting jointly through the council of owners or unit owners' |
|
|
association, as applicable, of the condominium. |
|
|
(h) For purposes of Sections 766.055 and 766.056, a |
|
|
residential high-rise building is in compliance with this |
|
|
subchapter if the owner of the building has met the requirements of |
|
|
this section. |
|
|
(i) This section expires September 1, 2028. |
|
|
Sec. 766.055. INJUNCTION. (a) The attorney general, the |
|
|
county attorney of a county in which a residential high-rise |
|
|
building is located, or the district attorney of a county in which |
|
|
the building is located may bring an action in the name of the state |
|
|
for an injunction to enforce this subchapter against the owner or |
|
|
person in charge of a residential high-rise building not in |
|
|
compliance with this subchapter. |
|
|
(b) The action must be brought in the district court of the |
|
|
county in which the residential high-rise building is located. |
|
|
(c) The attorney general, county attorney of the county in |
|
|
which the residential high-rise building is located, or district |
|
|
attorney of the county in which the building is located, as |
|
|
applicable, shall give the owner or person in charge of the building |
|
|
notice of the time and place of a hearing for an action brought |
|
|
under this section not later than the 10th day before the date of |
|
|
the hearing. |
|
|
(d) A district judge may issue a mandatory injunction |
|
|
against the owner or person in charge of a residential high-rise |
|
|
building not in compliance with this subchapter to enforce this |
|
|
subchapter. Violation of an injunction issued under this section |
|
|
constitutes contempt of court and is punishable in the manner |
|
|
provided for contempt. |
|
|
Sec. 766.056. CRIMINAL PENALTY. (a) A person commits an |
|
|
offense if the person is the owner of a residential high-rise |
|
|
building that is not in compliance with this subchapter. |
|
|
(b) A person commits an offense if the person serves as an |
|
|
agent for an owner who is not a resident of this state in the care, |
|
|
management, supervision, control, or rental of a residential |
|
|
high-rise building not in compliance with this subchapter. |
|
|
(c) An offense under this section is punishable by a fine of |
|
|
not more than $10,000. |
|
|
SECTION 3. This Act takes effect September 1, 2015. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 3089 was passed by the House on May 8, |
|
|
2015, by the following vote: Yeas 100, Nays 39, 1 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 3089 was passed by the Senate on May |
|
|
27, 2015, by the following vote: Yeas 28, Nays 3. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |