Transcript Austin Fire Department’s Greek Fire Academy Kevin Baum

PACE & The TCOU Ordinance
Building Code Inception - 1927
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Buildings are built for their intended use and are
required to be used according to the Certificate of
Occupancy. The International Fire and Building
Codes do not allow an occupancy to be used for
purposes other than those under which it is
permitted.
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Offices buildings cannot be used as schools
Warehouses cannot be Public Assemblies
Retail stores cannot be used for Manufacturing
Building Permits, Plan Review and Certificate of
Occupancy required for change of use.
Change of Use
International Fire Code
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IFC 109.1 Unlawful acts. It shall be
unlawful for a person, firm or corporation to
erect, construct, alter, repair, remove,
demolish or utilize a building, occupancy,
premises or system regulated by this code,
or cause same to be done, in conflict with
or in violation of any of the provisions of this
code.
Change of Use
International Building Code
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IBC 111.1 Use and occupancy. No building or
structure shall be used or occupied, and no change
in the existing occupancy classification of a
building or structure or portion thereof shall be made
until the building official has issued a certificate of
occupancy therefore as provided herein. Issuance of
a certificate of occupancy shall not be construed as
an approval of a violation of the provisions of this
code or of other ordinances of the jurisdiction.
Change of Use
International Building Code
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3408.1 Conformance. No change shall be made in the use or
occupancy of any building that would place the building in a
different division of the same group of occupancy or in a
different group of occupancies, unless such building is made to
comply with the requirements of this code for such division or
group of occupancy. Subject to the approval of the building
official, the use or occupancy of existing buildings shall be
permitted to be changed and the building is allowed to be
occupied for purposes in other groups without conforming to all
the requirements of this code for those groups, provided the
new or proposed use is less hazardous, based on life and fire
risk, than the existing use.
Occupancy Classifications
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Assembly Group A
Business Group B
Educational Group E
Factory Industrial
Group F
High-Hazard Group H
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Institutional Group I
Mercantile Group M
Residential Group R
Storage Group S
Miscellaneous Group
U
Occupancy Classification
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Assembly Group A occupancy
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the use of a building or structure, or a portion
thereof, for the gathering together of 50 or more
persons for purposes such as civic, social or
religious functions, recreation, “entertainment”,
food or drink consumption or awaiting
transportation.
Live Music Capital of the World
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Austin has seen the need and value in
temporarily changing the use of an
occupancy to that of a Place of Assembly if it
can be done without sacrificing safety the the
participants or disrupting the neighboring
occupancies.
SXSW Festival
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The Austin Fire Department was given authority to
Temporarily Change Uses to public assemblies
during the festival.
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Other departments (Building and Zoning) were removed
from the process to expedite and facilitate the process
Timeliness is a critical dynamic during the festival
SAFETY was the determining factor
The process involved inspection reports with specific criteria
Raves
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In 2003 and 2004 AFD and APD had a
problem with Raves and worked
collaboratively in resolving the issues.
Public Assembly Permit requirement
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Section 105.6.36 had previously never been
adopted by the City of Austin
Place of Assembly Permits
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IFC Section 105.6.35, 105.6.35.1 and 105.6.35.2
adopted with local amendments on January 1, 2006
(with the city’s adoption of the 2003 IFC)
Local Amendments provided for the allowance of
Temporary Public Assemblies by Permit
Fees associated with the permit
This was Not a fraternity ordinance
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It was designed as an enforcement tool in response to
Raves
Current Ordinance Language
(with the adoption of the 2003 IFC)
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105.6.35 Places of assembly. An operational permit or
appropriate certificate of occupancy is required to operate a
place of assembly.
105.6.35.1 An annual operational permit is required to operate
any place of assembly where 51% or more of the gross receipts
at the location are from alcoholic beverage sales.
105.6.35.2 With concurrence of the Building Official, the Chief
may issue a temporary change of use permit to use a structure
for public assembly. Such permits shall be limited as to time of
service, but shall not be permitted for more than 30 days. The
Chief is authorized to grant extensions for demonstrated cause.
Temporary Change of Use to a Place of
Assembly
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Provides a greater number of venues
capable of being used as a Place of
Assembly
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Ensures the life safety of participants
Ensures the quality of life for the surrounding
community
Primarily a Complaint Driven Ordinance
AUSTIN FIRE DEPARTMENT
Temporary Change of Use to Public Assembly,
Operational Permit
Phone
(512) 974-0160
Facsimile (512) 974-0162
Occupancy Name:
Address:
Occupant Loads:
Contact Info:
Phone #:
Contact Info:
Phone #:
AFD Signature:
Effective Dates:
This permit certifies that the above business has met AFD requirements for a temporary change of use as prescribed by the
International Fire Code. It is incumbent upon permit applicant, their agents, and their employees to carry out the proposed
activities in compliance with all City Ordinances. This permit shall not be construed as authority to violate, cancel or set aside any
provision of City of Austin Codes or Ordinances. Permits which purport to sanction a violation of any applicable law or regulation
shall be void. Approval of the permit for this site is conditional upon inspection of the premises by the Austin Fire Department.
The Permit is only good for the dates listed above. Permit applicant, property owner or manager is responsible for
renewal of permit. This permit shall be posted in a conspicuous location on the premises.
SXSW 2006
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Permit requirement is put into place
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No longer is the Temp. Change of Use to a Place
of Assembly (TCOU) accomplished with
inspection reports.
An actual permit is required
Festival proceeds without major issues
Public Assembly
Code Enforcement
Formed in the summer of 2006 by Austin Fire
Department, Austin Police Department and Solid
Wastes Services Code Enforcement following
numerous complaints from the west campus area
 Mission
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Safety of participants
Quality of life of those affected
Demand and services grew
PACE was formed in response to Fraternity Parties
Public Assembly Ordinance is an enforcement tool
Public Assembly
Code Enforcement
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Team Members expanded to include:
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City of Austin Fire Department
City of Austin Police Department
Solid Waste Services (SWS) Code Enforcement
Texas Alcoholic Beverage Commission
Texas Department of Public Safety
Austin/Travis County Health & Human Services
Department
COA Transportation, Right of Way Management
WPDR - Building Department
Public Assembly
Code Enforcement
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Formed as a pilot program to control Public
Assemblies/Large Parties in the West Campus
Area.
Has been very successful in all areas of the city in
many types of venues
Created a city web site and group e-mail
SharePoint created for scheduling, events and
complaints
Monthly meetings
Types of Venues
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First Thursdays
Pecan Street
Flee Markets
Circus & Rodeos
Concerts
Fraternity Parties
Outdoor Music Venues
Bars
Street Closures
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Art Festivals
Music Festivals
Carnivals
Outdoor events
SXSW
Temporary Uses
Temporary Change of
Uses
Night Clubs
Fraternity Parties
Temporary Change of
Use to a Public Assembly
What made the Fraternity Party rise
to the forefront of the city’s concern.
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Alcohol
Combustible decorative materials
(sometimes in incredibly large amounts)
Illegal change of use of occupancy
Obstructed exits / Insufficient exiting
Occupants unfamiliar with the structure
Open flames (ornamental, warming, etc.)
Dangerous make-shift wiring
Structurally unsafe “Builds” platforms,
decking and tunnels
Very Large numbers of people
Noise, Trash, Parking
Storage of combustible surplus
What made the Fraternity Party rise
to the forefront of the city’s concern.
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Complaints from:
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Numerous West Campus
Neighborhood Association
APD, AFD, Building
Department & Code
Enforcement
Serious Injuries
SAE Fraternity House Fire
Deaths
What made the Fraternity Party rise
to the forefront of the city’s concern.
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Phanta Jack Phoummarath died Dec, 10th
2005 at the age of 18
Tyler Cross died Nov 17, 2006 at the age of
18
Mutual Resolution Agreement between the
University of Texas and Sigma Alpha Epsilon
signed April 4, 2008, (a template and catalyst
for change)
University Administrators should take
notice
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Two university officials, including the Dean of
Students and the Director of Greek Life,
along with three students from Rider
University were indicted after the death of a
student at a fraternity party
The University Officials failed to take action
while having a “high degree of knowledge”
and were in a “position to prevent it”.
SXSW 2007
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Permit requirement continues for all temporary venues
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9 citations issued
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112 Complaints received for suspected non-compliant venues
282 venues
68 Official SXSW venues
5 overcrowding
1 no occupant load card
3 no Public Assembly permit
4 venues closed down
2 venues not allowed to operate
LOTS OF MEDIA COVERAGE
Response to Media Coverage after
SXSW
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Advertising Blitz
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PACE
Public Assembly Permits
PACE became a regular contributor at the
Music Commission Meetings
CM Toby Futrell requested a re-write of the
ordinance taking the music industry into
account.
TCOU Ordinance Revision Stakeholder
Meetings
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Music Commission
Music Industry – Local Businesses
Fraternities (and their alumni and attorneys)
University of Texas – UTPD – Dean of Students
Neighborhood Associations
City Management
City Council – Council Member Lee Leffingwell
Fire & Building Code Board of Appeals
City Legal
PACE Membership
SXSW 2008
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No major issues throughout Festival
PACE participation
33 total complaints
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23 from SXSW
10 other sources
80 official SXSW venues
1 citation
1 venue shut down
New TCOU Ordinance Drafted
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105.6.35.2 With concurrence of the Building Official,
the Chief may issue a temporary change of use
permit to use a structure for public assembly. The
Chief may issue a permit for a single event or for up
to three events of a particular type during a specified
time period of not more than 12 months. An
individual event may not to exceed 24 hours in
duration. The Chief may prescribe conditions and
limitations for a permit. Not more than 12 events in a
12 month period are allowed. The Chief is authorized
to grant extensions for demonstrated cause.
Exceptions and Rules >>>>>>>>>>>>
Current Ordinance Benefits w/ respect
to Fraternity Houses
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Existing Ordinance
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Increase compliance with maintenance issue at fraternity
houses
Annual and semi-annual inspections remain current
Contact information current
Partial reimbursement of services with permit fee
Severe reduction in “party builds”
APD “right to enter”
TABC Enforcement
Proposed Ordinance Benefits w/
respect to Fraternity Houses
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Proposed Ordinance
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12 events per year limitation
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Manageable number of events per year
Should not overwhelm the capacity of PACE
12 is very liberal and may be excessive
The temporary nature of the ordinance is established
Codifies the intent of the 30 day limit
Allows additional “day” events
24 hour duration per event
Specifies an exact point when permit is required
Adds and educational component
Accessory Use
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Per the “2003 International Building Code
Commentary”
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The interpretation of the International Building Code
requires that accessory uses are limited to spaces
used only by the occupants of the building.
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“The activities that occur in accessory use areas are
necessary for the principle occupancy to properly function”
Meeting rooms in office buildings
Per Ordinance Criteria - Each Fraternity will be
inspected and accessory use defined.
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New ordinance will specify an exact point when permit is
required (existing ordinance does not)
Existing
Fraternity Assembly Areas
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There are accessory use assembly areas in some of
the fraternity/sorority houses. During WPDR plan
review a maximum occupant load for those rooms
was established based on room size, exiting
capacity, and the presence of an automatic sprinkler
system. If the occupant load is greater than 50, the
room is classified as an assembly occupancy and a
load card is issued. Those rooms can be used by
the members and their invited guests for the
intended purpose of the room, up to the occupant
load of the room.
Ordinance Associated Rule #6 – The
return of the “Greek Fire Academy”
6.
For Student Housing facilities the Austin Fire
Department will provide an educational program, to
include material and training, to the identified
Permit Applicants of each location on an annual
basis. This training will be required for the
continued approval of a Temporary Change of Use
to a Place of Assembly Permit and will be funded
by the participants. Educational components will
include permit requirements and conditions as well
as other issues often implicated by assembly
occupancy events (i.e., noise ordinance, street
permits, TABC issues, parking, etc.).
PACE contacts
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PACE WEB SITE
http://www.ci.austin.tx.us/pace/default.htm
PACE COMPLAINTS
http://www.ci.austin.tx.us/connect/email_pace
comp.htm
PACE GROUP E-MAIL [email protected]
PACE
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Questions