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R-08-12-18-7A1 - 12/18/2008RESOLUTION NO. R -08-12-18-7A1 WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement with Williamson County Emergency Services District No. 9 regarding Fire Marshal and Fire Code Enforcement Services, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal Agreement with Williamson County Emergency Services District No. 9, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 18th day of December, 2008. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary 0:\WDOX\RESOLUTI\R81218A1.DOC/rmc THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON INTERLOCAL AGREEMENT FOR FIRE MARSHAL AND FIRE CODE ENFORCEMENT SERVICES BETWEEN THE CITY OF ROUND ROCK, TEXAS AND WILLIAMSON COUNTY EMERGENCY SERVICES DISTRICT NO. 9 This Interlocal Agreement (the "Agreement") is made and entered into by and between the CITY OF ROUND ROCK, TEXAS (the "City"), a home -rule municipal corporation of the State of Texas, and WILLIAMSON COUNTY EMERGENCY SERVICES DISTRICT NO. 9 (the "District"), a political subdivision of the State of Texas. The City and the District are herein referred to as "the Parties." WHEREAS, the Board of Emergency Services Commissioners of the District desires to adopt and enforce a fire code, including fines for any violations as authorized by Texas Health & Safety Code, Chapter 775, Section 775.036(b) and other applicable law; and WHEREAS, Texas Health and Safety Code, Chapter 775, Sections 775.031(a)(9), 775.031(a)(10), 775.031(c), 775.033, and other applicable law authorizes the District to enter into contracts with municipalities for making emergency services, reciprocal operation of services and facilities, and other services available to the District, including the enforcement of the District's Fire Code; and WHEREAS, Texas Government Code, Chapter 791, Texas Interlocal Cooperation Act, Sections 791.003(3)(B), (D), (K), and (N), and 791.003(4)(A) allow local governments, including special districts, to contract with one another to perform governmental functions and services, including fire protection and other governmental functions in which the contracting parties are mutually interested; and WHEREAS, the Board of Emergency Services Commissioners of the District desires to contract with the City to provide for Fire Marshal and Fire Code enforcement services for the residences and businesses located within the confines of the Williamson County Emergency Services District No. 9; and WHEREAS, entry into this Agreement would be mutually beneficial and not detrimental to the City; and WHEREAS, entry into this Agreement would be mutually beneficial and not detrimental to the District: NOW, THERFORE, for and in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows: 019.21268/Round Rock Interlocal 100708 I. Page 1 of 8 a EXHIBIT "A" PURPOSE AND PREVIOUS AGREEMENTS The purpose of this Interlocal Agreement is to provide for Fire Marshal services and the enforcement of the District's Fire Code throughout the District for the residences and businesses located within the District by the City. This Agreement is not intended to modify or amend a currently existing Interlocal Agreement adopted under Resolution No. R -07-05-24-11F2 between the District and the City and the terms and conditions set forth in such Interlocal Agreement shall remain in full force and effect. herein: II. DEFINITIONS For purposes of this Agreement, the following terms shall have the meanings set forth District's Fire Code: The fire code and its provisions adopted by the District in Order No. // - /y -OS'-01"Order"), attached hereto as Exhibit A. Fire Code Official: The Fire Chief of the City or other designated authority charged with the administration and enforcement of the Fire Codes of the City and District, or a duly authorized representative. Fire Marshal Services: The functions and services as set forth in the Order of the District adopting the District's Fire Code, attached hereto as Exhibit A, and as outlined herein and specifically not including fire investigation services or public education services. III. TERM Unless otherwise terminate hereunder, the term of this Agreement shall commence on the effective date of this Agreement and shall expire on September 30, 2009. If this Agreement is not terminated as provided herein or renewed on or before the expiration date above, it shall automatically renew for consecutive one-year terms, beginning on October 1St of each year thereafter and ending on September 30th of each year thereafter. IV. OBLIGATIONS OF THE CITY The City shall provide the District with the personnel, appellate boards, and other infrastructure necessary for the City to provide Fire Marshal services and to enforce the District's Fire Code. The City will establish and comply with operational policies and procedures for the enforcement of the District's Fire Code, as well as the reporting requirement of the City to the District, as set forth in this Agreement. V. OBLIGATIONS OF THE DISTRICT 2 The District will not be required to provide any funding for the services provided in this Agreement; however, the City shall retain all fees, fines or other remuneration that results from the services provided under this Agreement. The District will establish and comply with operational policies and procedures for providing the Fire Marshal Services to the District that are acceptable to the City, including procedures regarding record keeping, reporting, and plan approval. VI. EQUIPMENT AND PERSONNEL The City shall be responsible for provision of all necessary equipment, including firefighting equipment, and personnel necessary to accomplish the services required hereunder. The City shall remain responsible for registration, licensing, inspection, repair, maintenance, and operation of such equipment, and for any damages resulting from the use of such equipment, including motor vehicles. Further, the City shall remain responsible for the payment of all salaries, benefits, insurance or other funds necessary for the personnel who provide services hereunder, as well as the certification, licensing, or other actions required by any governmental or regulatory authority, specifically including, but not limited to, the Texas Commission on Fire Protection and/or the Texas Department of State Health Services, for the services provided hereunder. The Parties expressly acknowledge and agree that the District shall not accrue or acquire any equity or ownership interest in any such equipment or personnel. The Parties expressly acknowledge and agree that nothing in this Agreement shall be construed so as to make the other Party a partner, joint venturer, joint investor, or insurer of the other Party or its operations hereunder. VII. ADMINISTRATION (a) The Fire Chief of the Round Rock Fire Department, together with such assistants and agents of the District, Department, or third parties as the Fire Chief may designate, are authorized to enforce the District's Fire Code as adopted by the Order, to take all actions required or authorized in provisions incorporated in this Agreement or the Order adopting its fire code by reference, and to conduct all inspections, review all plans, accept all applications for a permit or approval authorized or required by the terms of the Order and this Agreement, and take any action necessary to fully implement and enforce the Order and the Fire Code adopted thereunder. (b) The Fire Chief shall submit quarterly activity reports to the District, covering inspection, review, and enforcement activities conducted during the prior months. The Fire Chief shall keep an accurate account of all fees, fines, and other funds collected and received pursuant to this Agreement, the names of the persons upon whose account the same were paid, the date and amount thereof, together with the location of the building or premises to which they relate. 3 (c) Approved plans, specifications, and other reports required by this Agreement shall be maintained in the central offices of the Round Rock Fire Department for a period of not less than five years following the date such document was submitted to the Department or prepared by the Department, or as otherwise required by statute, law, rule, or regulation of the State of Texas. (d) The District may provide for inspection and other acts necessary to carry out the intent of this Agreement or the Fire Code, including, but not limited to, hiring employees, retaining contractors, or entering into any necessary agreements with any individual or entity to implement and enforce the Fire Code adopted hereunder throughout the District. The City shall use reasonable efforts to maintain accurate records of its activities provided for hereunder. Such reports, or a summary thereof, shall be provided to the District within twenty (20) days of a request for such records. Anticipating possible subsequent yearly service by the City to the District, the Parties agree to meet during the term hereof to discuss growth projections for the Designated Area. VIII. LIABILITY The Parties expressly acknowledge and agree that the District has no power to control or supervise the manner and means chosen by the City to carry out the services specified in this Agreement, and that the District shall have no liability for any act or omissions of the City. The City further agrees to indemnify the District for any loss or expense (including but not limited to attorney's fees) incurred as a result of any claim against the District by any person or entity, should such claim be based upon any act or omission by the City which is not related to the provision of the services specified in this Agreement. Specifically citing Texas Government Code Section 791.006(a-1), the City shall fully indemnify and hold the District, as well as its commissioners, officials, agents, volunteers, and employees, harmless from any and all civil liability or other claims of any type or nature whatsoever, specifically including but not limited to negligence, gross negligence, or intentional acts or omissions, and all attorney's fees and related costs, made on account of any loss or damages through personal injuries, deaths, property, or other damages, arising directly or indirectly out of the negligence, gross negligence, or the intentional acts or omissions of the City or its officials, agents, employees, or representatives, in performing the services required under this Agreement. The Parties expressly agree that, in the execution of this Agreement, neither Party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of its powers or functions or pursuant to the Texas Tort Claims Act or other applicable statutes, laws, rules, or regulations. IX. TERMINATION; DEFAULT 4 Termination. Either Party has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days' written notice to the other Party. Default by the Parties. In the event of default by either of the Parties, the non - defaulting Party has the right to terminate this Agreement, in whole or in part, for cause if the non -defaulting Party provides the defaulting Party with written notice of such default and the defaulting Party fails to cure such default to the satisfaction of the non -defaulting Party within thirty (30) business days of receipt of such notice (or a greater time if permitted by the non - defaulting Party). The termination of this Agreement for default shall extinguish all rights, duties, and obligations of the Parties to each other hereunder. The allegation of default shall not relieve either Party from its respective obligations hereunder until such time as this Agreement has been actually terminated as set forth herein. X. NOTICE All notices, demands and requests, including invoices which may be given or which are required to be given by either Party to the other, and any exercise of a right of termination provided by this Agreement, shall be in writing and shall be deemed effective when: (i) personally delivered to the intended recipient; (ii) three (3) days after being sent, by certified or registered mail, return receipt requested, addressed to the intended recipient at the address specified below; (iii) delivered in person to the address set forth below for the Party to whom the notice was given; (iv) deposited into the custody of a recognized overnight delivery service such as Federal Express Corporation, Emery, or Lone Star Overnight, addressed to such Party at the address specified below; or (v) sent by facsimile, telegram or telex, provided that receipt for such facsimile, telegram or telex is verified by the sender and followed by a notice sent in accordance with one of the other provisions set forth above. For purposes of this section, the addresses of the Parties for all notices are as follows (unless changed by similar notice in writing given by the particular person whose address is to be changed): City of Round Rock Attention: City Manager 221 East Main Street Round Rock, Texas 78664 and to: Attention: City Attorney 309 East Main Street Round Rock, Texas 78664 and to: Attention: Fire Chief 203 Commerce Boulevard 5 Round Rock, Texas 78664 Williamson County Emergency Services District No. 9 Attention: President Williamson County Emergency Services District No. 9 P. O. Box 846 Round Rock, Texas 78680-0846 and to: Attention: Secretary Williamson County Emergency Services District No. 9 P. O. Box 846 Round Rock, Texas 78680-0846 and to: Ken Campbell Burns Anderson Jury & Brenner, L.L.P. Post Office Box 26300 Austin, Texas 78755-6300 XI. MISCELLANEOUS PROVISIONS No Third Party Beneficiaries. No term or provision of this Agreement is intended to, or shall, create any rights in any person, firm, corporation, or other entity not a party hereto, and no such person or entity shall have any cause of action hereunder. No Other Relationship. No term or provision in this Agreement is intended to create a partnership, joint venture, or agency arrangement between and of the Parties. Current Revenues. Pursuant to Section 791.011(d)(3) of the Texas Government Code, each Party performing services or furnishing aid pursuant to this Agreement shall do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid hereunder. No Waiver of Defenses. No Party to this Agreement waives or relinquishes any immunity or defense on behalf of itself, its officers, employees, and agents as a result of the execution of this Agreement and the performance of the covenants contained within. Amendment. Amendment of this Agreement may only be by mutual written consent of the Parties. 6 Governing Law and Venue. The Parties agree that this Agreement and all disputes arising thereunder shall be governed by the laws of the State of Texas, and that exclusive venue for any action arising under this Agreement shall be in Williamson County, Texas. Force Majeure. Notwithstanding any other provisions of this Agreement to the contrary, no failure, delay or default in performance of any obligation hereunder shall constitute an event of default or a breach of this Agreement if such failure to perform, delay or default arises out of causes beyond the control and without the fault or negligence of the Party otherwise chargeable with failure, delay or default; including but not limited to acts of God, acts of public enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters or other casualties, strikes or other labor troubles, which in any way restrict the performance under this Agreement by the Parties. Entire Agreement. This Agreement constitutes the entire agreement of the Parties regarding the subject matter contained herein. The Parties may not modify or amend this Agreement, except by written agreement approved by the governing bodies of each Party and duly executed by both Parties. Approval. This Agreement has been duly and properly approved by each Party's governing body and constitutes a binding obligation on each Party. Assignment. Except as otherwise provided in this Agreement, a Party may not assign this Agreement or subcontract the performance of services without first obtaining the written consent of the other Party. Non -Appropriation and Fiscal Funding. The obligations of the Parties under this Agreement do not constitute a general obligation or indebtedness of either Party for which such Party is obligated to levy, pledge, or collect any form of taxation, and such obligations may be terminated at the end of a Party's fiscal year if the governing body of such Party does not appropriate sufficient funds to continue the services provided under this Agreement. Non -Waiver. A Party's failure or delay to exercise a right or remedy does not constitute a waiver of the right or remedy. An exercise of a right or remedy under this Agreement does not preclude the exercise of another right or remedy. Rights and remedies under this Agreement are cumulative and are not exclusive of other rights or remedies provided by law. Paragraph Headings. The various paragraph headings are inserted for convenience of reference only, and shall not affect the meaning or interpretation of this Agreement or any section thereof. Severability. The Parties agree that in the event any provision of this Agreement is declared invalid by a court of competent jurisdiction that part of the Agreement is severable and the decree shall not affect the remainder of the Agreement. The remainder of the Agreement shall be and continue in full force and effect. Open Meetings Act. The Parties hereby represent and affirm that this Agreement was 7 adopted in an open meeting held in compliance with the Texas Open Meetings Act (Tex. Gov. Code, Ch. 551), as amended. Counterparts. This Agreement may be executed in multiple counterparts which, when taken together, shall be considered as one original. Effective Date. This Agreement is made to be effective on the latest date accompanying the signatures below. APPROVED by the City Council, City of Round Rock, Texas, in its meeting held on the day of , 2008, and executed by its authorized representative. CITY OF ROUND ROCK, TEXAS By: ALAN MCGRAW, Mayor Date Signed: ATTEST: FOR CITY, APPROVED AS TO FORM: SARA L. WHITE, City Secretary STEPHAN L. SHEETS, City Attorney APPROVED by the Williamson County Emergency Services District No. 9 in its meeting held on the /g day of Noy , 2008, and executed by its authorized representative. WILLIA ON COUN E , ERG NCY SERVICES DISTRICT NO. 9 By: JON YE Date Signed: ATTEST: ICHA GA CIA, Secretary O. 9, APPROVED AS TO FORM: 8 B L , District's Attorney Nov 19 2008 1:28PM 3M ORDER NO. - ►j -Q$ A WILLIAMSON COUNTY EMERGENCY SERVICE DISTRICT NO. 9 AN ORDER ADOPTING A FIRE CODE FOR THE DISTRICT; PROVIDING FOR FEES TO BE PAYABLE FOR PERMITS, APPROVALS AND INSPECTIONS; REQUIRING A PERMIT OR APPROVAL FOR CERTAIN HAZARDOUS USES AND ACTIVITIES; PROVIDING FOR CIVIL AND CRIMINAL PENAL HES FOR VIOLATIONS; PROVIDING FOR ADMINISTRATION OF THE FIRE CODE AND AUTHORIZING THE FIRE CHIEF AND HIS DESIGNEES TO ADMINISTER AND ENFORCE THE CODE; AUTHORIZING ENTRY ONTO PROPERTY TO CONDUCT INSPECTIONS; AUTHORIZING STOP WORK ORDERS FOR WORK PERFORMED IN VIOLATION OF THE FIRE CODE; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DA LE WHEREAS, the Board of Emergency Services Commissioners of Williamson County Emergency Services District No. 9 ("District") is authorized, pursuant to Texas Health & Safety Code § 775.036 to adopt and enforce a fire code; WHEREAS, Williamson County has not adopted a fire code; WHEREAS, the District has contracted with, among others, the City of Round Rock ("City"), Texas to provide emergency services to the District; WHEREAS, the City has previously adopted a fire code and it is the intent of the District to adopt the same fire code for enforcement within the District for the benefit of its citizens; and; WHEREAS, the District desires to adopt a fire code and to provide for its enforcement in furtherance of protecting the health and safety of those residing within the territory of the District and in furtherance of preventing fires and medical emergencies; It is, therefore, ORDAINED, RESOLVED AND ORDERED that: Section 1. Adoption of Code (a) Except as otherwise provided in other provisions of this Order, the District adopts the Fire Code, fees, schedules, and other applicable provisions related to same of the City of Round Rock, Texas as of the date of this Order, and as may be amended from time -to - time by the City and the same are hereby adopted and incorporated herein and made a part hereof as though fully set forth herein as provisions of the fire code applicable and enforceable throughout the territory of the District, except within the corporate limits of any municipality Iocated in the territory of the District that has previously adopted a fire code, if any. It is recognized and resolved by the District that said Fire Code as adopted by the City is the International Fire Code, 2006 Edition, with local amendments as provided for therein. 019.21268/Fire Code 2007/Order 100708 Page 1 of 6 Nov 19 2008 1:28PM 3M 5129842015 p.3 (b) For the purpose of determining the types of construction referred to in Appendix B of the IFC, the definitions and descriptions of types of construction provided in the Fire Code of the City of Round Rock, Texas are adopted, and to the extent that such definitions and descriptions have not been adopted, the District hereby adopts Chapter 6 of the latest edition of the International Building Code ("IBC") as a supplement to the Fire Code of the City of Round Rock for enforcement of the District's Fire Code within the territorial limits of the District. (c) The remaining provisions of this Order, together with al] provisions incorporated in this Order by reference shall constitute the Fire Code of the District ("Fire Code" or "Code"). (d) In the event of a conflict between the IFC and the express provisions of this Order, the express provisions of this Order shall apply. Section 2. Administration (a) The Fire Chief of the City of Round Rock Fire Department ("Department"), together with such assistants and agents of the District, Department, or third parties as the Fire Chief may designate, are authorized to enforce this Order, to take all actions required or authorized in provisions incorporated in this Order by reference, and to conduct all inspections, review all plans, accept all applications and fees for a permit or approval authorized or required by the terms of this Order, and take any action necessary to fully implement and enforce this Order and the Code adopted hereunder. (b) The Fire Chief, or his designee, shall submit quarterly activity reports to the District, covering inspection, review, and enforcement activities conducted during the prior month. The Fire Chief, or his designee, shall keep an accurate account of all fees, fines, and other funds collected and received pursuant to this Order, the names of the persons upon whose account the same were paid, the date and amount thereof, together with the location of the building or premises to which they relate. (c) Approved plans, specifications, and other reports required by this Order shall be maintained in the central offices of the Round Rock Fire Department for a period of not less than five years following the date such document was submitted to the Department or prepared by the Department, or as otherwise required by statute, law, rule, or regulation of the State of Texas. (d) The District may provide for inspection and other acts necessary to carry out the intent of this Order or the Fire Code, including, but not limited to, hiring employees, retaining contractors, or entering into any necessary agreements with any individual or entity to implement and enforce the Fire Code adopted hereunder throughout the District. Section 3. Right of Entry 019.21268/F1re Code 2007/Order 100708 Page 2 of 6 Nov 19 2008 1:28PM 3M 5129842015 p.4 (a) Whenever necessary to make an inspection or to enforce any of the provisions of this Order for the prevention of fires and medical emergencies, or whenever the Fire Chief has reasonable cause to believe that there exists in any building or upon any premises any condition in violation of this Order, the Fire Chief, or his designated agents, may enter such building or premises at all reasonable times to inspect same or to perform any duty imposed on the Fire Chief by this Order; provided that if such building or premises is occupied, they shall first present proper credentials and demand entry; and, except during construction of the improvement to be inspected, if such building or premises are unoccupied, the agent of the District shall make a reasonable effort to locate the owner or other person(s) having charge or control of the building or premises and demand entry. If such entry is refused, the Fire Chief shall have recourse to every remedy provided by law to secure entry. (b) No owner or occupant or any other person having authority to control access to any building or premises shall fail or neglect, after demand for entry is made as provided in this section 3, to promptly permit entry therein by the Fire Chief or the authorized agent of the Fire Chief for the purpose of inspection and examination pursuant to this Order. Any person violating this section shall be guilty of a Class C Misdemeanor, as defined in Texas Penal Code § 12.23, as amended. Section 4. Stop Work Orders Whenever any work or construction is being done contrary to the provisions of this Order or without any permit or approval required by this Order, the Fire Chief, or the Fire Chiefs designee may order the work or construction stopped by notice in writing served on any person(s) engaged in performing or causing such work to be performed. Whenever work or construction is stopped in accordance with this Section 4, a written notice to stop work issued by the District shall be posted on the property in a manner reasonably visible to any person to perform any work on the property. All persons shall then cease all work or construction on the property until authorized to proceed by the Fire Chief. Any person failing to comply with a notice to stop work, or removing any notice to stop work from any premises without permission of the Fire Chief shall be guilty of a Class C Misdemeanor, as defined in Texas Penal Code § 12.23. Section 5. Identification of District, Commissioners, and Appellate Body (a) Whenever the terms "jurisdiction," "authority having jurisdiction," "department," or "bureau of fire prevention" are used in the IFC, same will be a reference to the District and its contracted service provider, the City of Round Rock and the Round Rock Fire Department. All regulatory authority established by the provisions of the IFC incorporated in this Order is established for the District and its contracted service provider, Round Rock Fire Department. (b) Any reference in the provisions of the IFC incorporated in this Order to the "executive body" shall be a reference to the Board of Emergency Services Commissioners of the District. 01921268/Fire Code 2007/Order 100708 Page 3 of 6 Nov 19 2008 1:29PM 3M 5129842015 p.5 (c) Any reference in the provision of the IFC incorporated in this Order to the "board of appeals" or other appellate body established by the IFC shall be reference to the appellate body or panel, as applicable, referred to in Section 7 of this Order. Section 6. Amendments to IFC (a) The District shall not have a building official or separate code regulating the construction of buildings, including but not limited to, a separate building code, mechanical code, plumbing code, or electrical code, except as expressly incorporated by the terms of this Order. Only parts of other uniform codes that relate to fire safety are incorporated in this Order. Any provision in the IFC or other provision incorporated in this Order by reference that refers to any act to be referred to or conducted by a building official shall be disregarded as though such reference were deleted and all other parts of the affected sentence, section, article, or chapter remained in force and effective. Any reference in the IFC (or other provision incorporated in this Order) to compliance in a manner provided in a building code, electrical code, plumbing code, or mechanical code shall be disregarded except to the extent that the provision of such other code is incorporated in this Order by reference. Such disregard of the manner of compliance shall not otherwise affect the requirement to comply [provided however that if a provision refers to compliance with the term any such other code that is not incorporated in this Order by reference, as opposed to compliance in a manner provided in such other code, the requirement of compliance shall be disregarded altogether]. In the event that the disregard of any such reference is unusual syntax or sentence structure of the remainder of such affected provision, a reasonable interpretation shall be given to the remainder, in light of the intent and purpose of this Order and the authority of the District. (b) The specific sections of the IFC are hereby amended as set forth any ordinance relating to the adoption or enforcement of the Fire Code of the City of Round Rock, Texas, which is referenced and incorporated herein for all purposes, as well as any amendments thereto that may be adopted from time to time. Any future amendments to the Fire Code of the City of Round Rock, Texas shall automatically become amendments Fire Code of the District without further action of the Board of Emergency Services Commissioners of the District, it being the intent of the District to have and enforce the same fire code in the District as is enforced in the City of Round Rock, Texas. If there is a conflict between the Fire Code adopted herein by the District and the Fire Code of the City of Round Rock, Texas, the more stringent provision shall prevail. Section 7. Appeals (a) The Commissioners of the District hereby designate the individual or entity currently established, or to be established from time to time by and for the City of Round Rock, Texas to serve as the appellate body ("appellate body") to hear and decide appeals authorized under the Fire Code and amendments thereto. Any individual or entity who shall make such an appeal shall follow the procedures established by the City of Round Rock from time to time. 019.2124/Fire Code 2997/Order 100704 Page 4 of 6 Nov 19 2008 1:29PM 3M 5129842015 p.6 (b) The appellate body shall hear the timely appeal of any decision of the Fire Chief or other authorized official described in subsection (a). A request to appeal such a decision shall be submitted in writing following the procedures as set forth from time to time by the City of Round Rock, Texas, with a copy addressed to the President of the Board of Emergency Services Commissioners of the District and forwarded to the District's central administrative offices not more than 30 days after the date of the decision or action that is the subject of the appeal. A request to appeal shall include the mailing address and work and/or residence telephone number of the appellant for the purpose of receiving notice of a hearing on the appeal and any other information as may be required from time to time by the City of Round Rock, Texas. A notice of appeal shall not stay the decision or action from which the appeal is taken, except to the extent allowed for by the procedures established by the City of Round Rock, Texas from time to time, (c) The policies and procedures of the City of Round Rock, Texas and the Round Rock Fire Department shall be followed for any appeal allowed for herein or in the Fire Code of the District. Section 8. Penalties (a) Unless otherwise specifically set forth herein, violations of any provision of this Fire Code shall be punished by a fine of up to $2,000.00. Each day that a violation continues after due notice has been given shall be deemed a separate offense. (c) It is the intent of this Fire Code and the Board of Emergency Services Commissioners of the District that the penalties set forth herein, in Exhibit A, and the 2006 International Fire Code, if any, be the penalties for any violation of the Fire Code of the District. In the event of a conflict between this Fire Code and the Fire Code of the City of Round Rock, Texas, the penalties set forth in the Fire Code of the City of Round Rock shall prevail. Section 9. Fees. Any fees for the permitting, review, and inspection of occupancies or applications shall be established by resolution from time to time by the City of Round Rock, Texas and such are hereby adopted by the District, without the necessity of amending this Order. For purposes of his Order, the initial fees related to the implementation and enforcement of the Fire Code shall be as set forth in Exhibit A, attached hereto and incorporated herein for all purposes, it being the intent of the District to have and enforce the same fees as charged under the Fire Code of the City of Round Rock, Texas. Section 10. Maintenance of Order A copy of this Order together with all provisions incorporated herein shall be maintained at the central administrative offices of the District for inspection and use by interested 019.21268/Fire Code 2007/Order 100708 Page 5 of 6 Nov 19 2008 1:30PM 3M 5129842015 p.7 persons. The District shall inform any person inquiring where copies of the IFC and other provisions incorporated in this Order may be purchased from the publisher thereof. Section 11. Severability It is the intention of the Commissioners of the District that all provisions set forth or incorporated in this Order shall be fully severable. In the event that any provision of this Order or any provision incorporated in this Order by reference is found by a court of competent jurisdiction to be void or unenforceable, such void or unenforceable provision shall be severed as though it never formed a party of this Order, and all other provisions of this Order shall remain in full force and effect. Section 12. Conflicts All Orders that are in conflict with the provisions of this Order are hereby repealed and all other orders of the District not in conflict with the provisions of this Order remain in full force and effect. Section 12. Notice/Publication The Fire Chief may arrange for any notice or publication of this Order required by applicable law, if any, and maintain proof thereof in the records of the District. Section 15. Effective Date This Order shall be effective the 1 It day of /VQvfWt 2008. ATTEST: 019.21Z68(Firc Codc 2007/Ordcr 100705 WILLIAMSON COUNTY EMERGENCY SERVICES DISTRICT NO. 9 By: Page 6 of 6 Jason Yol'verton, President Nov 19 2008 1:30PM 3M 5129842015 p.8 Round Rock Fire Department Proposed Fees Name of Fee Fee Rate Civil Plans Review $50.00 per acre or portion thereof New Building Plans Review $0.05 per square foot Remodel/Finish outs/ additions See below up to $2,000 valuation $15.00 $2,000-$15,000 $25 for first 2,000 plus $1,50 per $1,000 $15,001-$50,000 $50 for first $15,000 plus $1.25 per$1,000 $50,001-$100,000 $100 for first $50,000 plus $1.00 per $1,000 $100,001-$500,000 $150 for first $100,000 plus $0.65 per $1,000 $500,001+ $500 for first 500,000 plus $0.35 per $1,000 Construction re -inspections $50.00 Sprinkler System Plan Review $60 per riser + $2.00 per head over 25 heads. Sprinkler System Partial Visual $25 Fire Systems (ex. Hood, Paint booth, etc). $50.00 Alarm Plans Review $60.00 per panel + $1.00 per device Day Care/Foster Care license $50.00 Hospital/nursing home inspection $1.00 per bed. Open Burning Permit $50 Fireworks permit $50.00 Hydrant Flow tests $100.00 Copy of Fire report or inspection report $3.00 Page 1 of 1 DATE: December 11, 2008 SUBJECT: City Council Meeting — December 18, 2008 ITEM: 7A1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with Williamson County Emergency Services District No. 9 regarding Fire Marshal and Fire Code Enforcement Services. Department: Staff Person: Fire William Wusterhausen, Fire Marshal Justification: Staff recommends the approval of signing this interlocal agreement. The Williamson County Emergency Services District No. 9 has adopted an order to enforce the same fire ordinances that the City of Round Rock has adopted and enforces. This interlocal agreement will allow the Round Rock fire department to review and enforce fire codes in the District. Inspections in the District will be paid by the developer or individual needing inspection at a comparable rate as paid for by those in the City. Funding: Cost: Varies based on the number of inspections Source of funds: Developer pays fees Outside Resources: N/A Background Information: The City of Round Rock is contracted with Williamson County Emergency Services District No. 9 for providing fire and medical first response services to the majority of their District (Sam Bass FD responds to calls in Vista Oaks subdivision while we send one fire truck to fires in that subdivision). Since we respond to emergencies in their District, they have adopted the City of Round Rock's fire codes as the District's fire code. They have signed an interlocal agreement for the City of Round Rock to provide fire inspections in the district and the cost for the inspections will be paid by the developer. The fees to be paid are the same as those charged within the City except that a civil review in the ESD will be $50 per acre of portion thereof. The City's fee for civil review is more since it covers multiple city departments which must review for compliance. Public Comment: November 14th, 2008 Williamson County Emergency Service District No. 9 held a board meeting open to the public where they adopted the Order and signed the agreement. EXECUTED DOCUMENT FOLLOWS THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON INTERLOCAL AGREEMENT FOR FIRE MARSHAL AND FIRE CODE ENFORCEMENT SERVICES BETWEEN THE CITY OF ROUND ROCK, TEXAS AND WILLIAMSON COUNTY EMERGENCY SERVICES DISTRICT NO. 9 This Interlocal Agreement (the "Agreement") is made and entered into by and between the CITY OF ROUND ROCK, TEXAS (the "City"), a home -rule municipal corporation of the State of Texas, and WILLIAMSON COUNTY EMERGENCY SERVICES DISTRICT NO. 9 (the "District"), a political subdivision of the State of Texas. The City and the District are herein referred to as "the Parties." WHEREAS, the Board of Emergency Services Commissioners of the District desires to adopt and enforce a fire code, including fines for any violations as authorized by Texas Health & Safety Code, Chapter 775, Section 775.036(b) and other applicable law; and WHEREAS, Texas Health and Safety Code, Chapter 775, Sections 775.031(a)(9), 775.031(a)(10), 775.031(c), 775.033, and other applicable law authorizes the District to enter into contracts with municipalities for making emergency services, reciprocal operation of services and facilities, and other services available to the District, including the enforcement of the District's Fire Code; and WHEREAS, Texas Government Code, Chapter 791, Texas Interlocal Cooperation Act, Sections 791.003(3)(B), (D), (K), and (N), and 791.003(4)(A) allow local governments, including special districts, to contract with one another to perform governmental functions and services, including fire protection and other governmental functions in which the contracting parties are mutually interested; and WHEREAS, the Board of Emergency Services Commissioners of the District desires to contract with the City to provide for Fire Marshal and Fire Code enforcement services for the residences and businesses located within the confines of the Williamson County Emergency Services District No. 9; and WHEREAS, entry into this Agreement would be mutually beneficial and not detrimental to the City; and WHEREAS, entry into this Agreement would be mutually beneficial and not detrimental to the District: NOW, THERFORE, for and in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows: 019.21268/Round Rock Interlocal 100708 op -I2 -[j- 1 I. Page 1 of 8 PURPOSE AND PREVIOUS AGREEMENTS The purpose of this Interlocal Agreement is to provide for Fire Marshal services and the enforcement of the District's Fire Code throughout the District for the residences and businesses located within the District by the City. This Agreement is not intended to modify or amend a currently existing Interlocal Agreement adopted under Resolution No. R -07-05-24-11F2 between the District and the City and the terms and conditions set forth in such Interlocal Agreement shall remain in full force and effect. II. DEFINITIONS For purposes of this Agreement, the following terms shall have the meanings set forth herein: District's Fire Code: The fire code and its provisions adopted by the District in Order No. 1/ - /y -Osr-014"Order"), attached hereto as Exhibit A. Fire Code Official: The Fire Chief of the City or other designated authority charged with the administration and enforcement of the Fire Codes of the City and District, or a duly authorized representative. Fire Marshal Services: The functions and services as set forth in the Order of the District adopting the District's Fire Code, attached hereto as Exhibit A, and as outlined herein and specifically not including fire investigation services or public education services. III. TERM Unless otherwise terminate hereunder, the term of this Agreement shall commence on the effective date of this Agreement and shall expire on September 30, 2009. If this Agreement is not terminated as provided herein or renewed on or before the expiration date above, it shall automatically renew for consecutive one-year terms, beginning on October 1st of each year thereafter and ending on September 30th of each year thereafter. IV. OBLIGATIONS OF THE CITY The City shall provide the District with the personnel, appellate boards, and other infrastructure necessary for the City to provide Fire Marshal services and to enforce the District's Fire Code. The City will establish and comply with operational policies and procedures for the enforcement of the District's Fire Code, as well as the reporting requirement of the City to the District, as set forth in this Agreement. V. OBLIGATIONS OF THE DISTRICT 2 z - The District will not be required to provide any funding for the services provided in this Agreement; however, the City shall retain all fees, fines or other remuneration that results from the services provided under this Agreement. The District will establish and comply with operational policies and procedures for providing the Fire Marshal Services to the District that are acceptable to the City, including procedures regarding record keeping, reporting, and plan approval. VI. EQUIPMENT AND PERSONNEL The City shall be responsible for provision of all necessary equipment, including firefighting equipment, and personnel necessary to accomplish the services required hereunder. The City shall remain responsible for registration, licensing, inspection, repair, maintenance, and operation of such equipment, and for any damages resulting from the use of such equipment, including motor vehicles. Further, the City shall remain responsible for the payment of all salaries, benefits, insurance or other funds necessary for the personnel who provide services hereunder, as well as the certification, licensing, or other actions required by any governmental or regulatory authority, specifically including, but not limited to, the Texas Commission on Fire Protection and/or the Texas Department of State Health Services, for the services provided hereunder. The Parties expressly acknowledge and agree that the District shall not accrue or acquire any equity or ownership interest in any such equipment or personnel. The Parties expressly acknowledge and agree that nothing in this Agreement shall be construed so as to make the other Party a partner, joint venturer, joint investor, or insurer of the other Party or its operations hereunder. VII. ADMINISTRATION (a) The Fire Chief of the Round Rock Fire Department, together with such assistants and agents of the District, Department, or third parties as the Fire Chief may designate, are authorized to enforce the District's Fire Code as adopted by the Order, to take all actions required or authorized in provisions incorporated in this Agreement or the Order adopting its fire code by reference, and to conduct all inspections, review all plans, accept all applications for a permit or approval authorized or required by the terms of the Order and this Agreement, and take any action necessary to fully implement and enforce the Order and the Fire Code adopted thereunder. (b) The Fire Chief shall submit quarterly activity reports to the District, covering inspection, review, and enforcement activities conducted during the prior months. The Fire Chief shall keep an accurate account of all fees, fines, and other funds collected and received pursuant to this Agreement, the names of the persons upon whose account the same were paid, the date and amount thereof, together with the location of the building or premises to which they relate. 3 (c) Approved plans, specifications, and other reports required by this Agreement shall be maintained in the central offices of the Round Rock Fire Department for a period of not less than five years following the date such document was submitted to the Department or prepared by the Department, or as otherwise required by statute, law, rule, or regulation of the State of Texas. (d) The District may provide for inspection and other acts necessary to carry out the intent of this Agreement or the Fire Code, including, but not limited to, hiring employees, retaining contractors, or entering into any necessary agreements with any individual or entity to implement and enforce the Fire Code adopted hereunder throughout the District. The City shall use reasonable efforts to maintain accurate records of its activities provided for hereunder. Such reports, or a summary thereof, shall be provided to the District within twenty (20) days of a request for such records. Anticipating possible subsequent yearly service by the City to the District, the Parties agree to meet during the term hereof to discuss growth projections for the Designated Area. VIII. LIABILITY The Parties expressly acknowledge and agree that the District has no power to control or supervise the manner and means chosen by the City to carry out the services specified in this Agreement, and that the District shall have no liability for any act or omissions of the City. The City further agrees to indemnify the District for any loss or expense (including but not limited to attorney's fees) incurred as a result of any claim against the District by any person or entity, should such claim be based upon any act or omission by the City which is not related to the provision of the services specified in this Agreement. Specifically citing Texas Government Code Section 791.006(a-1), the City shall fully indemnify and hold the District, as well as its commissioners, officials, agents, volunteers, and employees, harmless from any and all civil liability or other claims of any type or nature whatsoever, specifically including but not limited to negligence, gross negligence, or intentional acts or omissions, and all attorney's fees and related costs, made on account of any loss or damages through personal injuries, deaths, property, or other damages, arising directly or indirectly out of the negligence, gross negligence, or the intentional acts or omissions of the City or its officials, agents, employees, or representatives, in performing the services required under this Agreement. The Parties expressly agree that, in the execution of this Agreement, neither Party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of its powers or functions or pursuant to the Texas Tort Claims Act or other applicable statutes, laws, rules, or regulations. IX. TERMINATION; DEFAULT 4 Termination. Either Party has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days' written notice to the other Party. Default by the Parties. In the event of default by either of the Parties, the non - defaulting Party has the right to terminate this Agreement, in whole or in part, for cause if the non -defaulting Party provides the defaulting Party with written notice of such default and the defaulting Party fails to cure such default to the satisfaction of the non -defaulting Party within thirty (30) business days of receipt of such notice (or a greater time if permitted by the non - defaulting Party). The termination of this Agreement for default shall extinguish all rights, duties, and obligations of the Parties to each other hereunder. The allegation of default shall not relieve either Party from its respective obligations hereunder until such time as this Agreement has been actually terminated as set forth herein. X. NOTICE All notices, demands and requests, including invoices which may be given or which are required to be given by either Party to the other, and any exercise of a right of termination provided by this Agreement, shall be in writing and shall be deemed effective when: (i) personally delivered to the intended recipient; (ii) three (3) days after being sent, by certified or registered mail, return receipt requested, addressed to the intended recipient at the address specified below; (iii) delivered in person to the address set forth below for the Party to whom the notice was given; (iv) deposited into the custody of a recognized overnight delivery service such as Federal Express Corporation, Emery, or Lone Star Overnight, addressed to such Party at the address specified below; or (v) sent by facsimile, telegram or telex, provided that receipt for such facsimile, telegram or telex is verified by the sender and followed by a notice sent in accordance with one of the other provisions set forth above. For purposes of this section, the addresses of the Parties for all notices are as follows (unless changed by similar notice in writing given by the particular person whose address is to be changed): City of Round Rock Attention: City Manager 221 East Main Street Round Rock, Texas 78664 and to: Attention: City Attorney 309 East Main Street Round Rock, Texas 78664 and to: Attention: Fire Chief 203 Commerce Boulevard 5 Round Rock, Texas 78664 Williamson County Emergency Services District No. 9 Attention: President Williamson County Emergency Services District No. 9 P. O. Box 846 Round Rock, Texas 78680-0846 and to: Attention: Secretary Williamson County Emergency Services District No. 9 P. O. Box 846 Round Rock, Texas 78680-0846 and to: Ken Campbell Burns Anderson Jury & Brenner, L.L.P. Post Office Box 26300 Austin, Texas 78755-6300 XI. MISCELLANEOUS PROVISIONS No Third Party Beneficiaries. No term or provision of this Agreement is intended to, or shall, create any rights in any person, firm, corporation, or other entity not a party hereto, and no such person or entity shall have any cause of action hereunder. No Other Relationship. No term or provision in this Agreement is intended to create a partnership, joint venture, or agency arrangement between and of the Parties. Current Revenues. Pursuant to Section 791.011(d)(3) of the Texas Government Code, each Party performing services or furnishing aid pursuant to this Agreement shall do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid hereunder. No Waiver of Defenses. No Party to this Agreement waives or relinquishes any immunity or defense on behalf of itself, its officers, employees, and agents as a result of the execution of this Agreement and the performance of the covenants contained within. Amendment. Amendment of this Agreement may only be by mutual written consent of the Parties. 6 Governing Law and Venue. The Parties agree that this Agreement and all disputes arising thereunder shall be governed by the laws of the State of Texas, and that exclusive venue for any action arising under this Agreement shall be in Williamson County, Texas. Force Majeure. Notwithstanding any other provisions of this Agreement to the contrary, no failure, delay or default in performance of any obligation hereunder shall constitute an event of default or a breach of this Agreement if such failure to perform, delay or default arises out of causes beyond the control and without the fault or negligence of the Party otherwise chargeable with failure, delay or default; including but not limited to acts of God, acts of public enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters or other casualties, strikes or other labor troubles, which in any way restrict the•per prmance undef this Agreement by the Parties. Entire Agreement. This Agreement constitutes the entire agreement of the Parties regarding the subject matter contained herein. The Parties may not modify or amend this Agreement, except by written agreement approved by the governing 'bodies of each Party and duly executed by both Parties. Approval. This Agreement has been duly and properly; Naprove0 by each Party's governing body and constitutes a binding obligation on each Party. Assignment. Except as otherwise provided in this Agreement, a Party may not assign this Agreement or subcontract the performance of services without first obtaining the written consent of the other Party. Non -Appropriation and Fiscal Funding. The obligations of the Parties under this Agreement do not constitute a general obligation or indebtedness of either Party for which such Party is obligated to levy, pledge, or collect any form of taxation, and such obligations may be terminated at the end of a Party's fiscal year if the governing body of such Party does not appropriate sufficient funds to continue the services provided under this Agreement. Non -Waiver. A Party's failure or delay to exercise a right or remedy does not constitute a waiver of the right or remedy. An exercise of a right or remedy under this Agreement does not preclude the exercise of another right or remedy. Rights and remedies under this Agreement are cumulative and are not exclusive of other rights or remedies provided by law. Paragraph Headings. The various paragraph headings are inserted for convenience of reference only, and shall not affect the meaning or interpretation of this Agreement or any section thereof. Severability. The Parties agree that in the event any provision of this Agreement is declared invalid by a court of competent jurisdiction that part of the Agreement is severable and the decree shall not affect the remainder of the Agreement. The remainder of the Agreement shall be and continue in full force and effect. Open Meetings Act. The Parties hereby represent and affirm that this Agreement was 7 adopted in an open meeting held in compliance with the Texas Open Meetings Act (Tex. Gov. Code, Ch. 551), as amended. Counterparts. This Agreement may be executed in multiple counterparts which, when taken together, shall be considered as one original. Effective Date. This Agreement is made to be effective on the latest date accompanying the signatures below. APPROVED by the City Council, City of Round Rock, Texas, in its meeting held on the (!� day of ' f€. M .�fiY- , 2008, and executed by its authorized representative. CITY OF ROUND ROCK, TEXAS By: ALAN MCGRAW, Mayor Date Signed: rt.-. 1g) ATTEST: Fs�uti. in(wtc SARA L. WHITE, City Secretary FOR Ii Y, A'P''•VED AS TO FORM: 4 STEPH A L. SHEETS, ity Attorney APPROVED by the Williamson County Emergency Services District No. 9 in its meeting held on the /1'f day of ^J0ye- ,/ , 2008, and executed by its authorized representative. WILLIA ON COUN/ E ERG NCY SERVICES DISTRICT NO. 9 By: 11(fait %t..,� I46._ J • ON YE ' ' TON, President Date Signed: ATTEST: ICHA GA CIA, Secretary SD O. 9, APPROVED AS TO FORM: 8 B L , District's Attorney Nov 19 2008 1:28PM 3M ORDER NO. /1 - iy -o8 1'M WILLIAMSON COUNTY EMERGENCY SERVICE DISTRICT NO. 9 AN ORDER ADOPTING A FIRE CODE FOR THE DISTRICT; PROVIDING FOR. FEES TO BE PAYABLE FOR PERMITS, APPROVALS AND INSPECTIONS; REQUIRING A PERMIT OR APPROVAL FOR CERTAIN HAZARDOUS USES AND ACTIVITIES; PROVIDING FOR CIVIL AND CRIMINAL PENAL LIES FOR VIOLATIONS; PROVIDING FOR ADMINISTRATION OF THE FIRE CODE AND AUTHORIZING THE FIRE CHIEF AND HIS DESIGNEES TO ADMINISTER AND ENFORCE THE CODE; AUTHORIZING ENTRY ONTO PROPERTY TO CONDUCT INSPECTIONS; AUTHORIZING STOP WORK ORDERS FOR. WORK PERFORMED IN VIOLATION OF THE FIRE CODE; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DA IE WHEREAS, the Board of Emergency Services Commissioners of Williamson County Emergency Services District No. 9 ("District") is authorized, pursuant to Texas Health & Safety Code § 775.036 to adopt and enforce a fire code; WHEREAS, Williamson County has not adopted a fire code; WHEREAS, the District has contracted with, among others, the City of Round Rock ("City"), Texas to provide emergency services to the District; WHEREAS, the City has previously adopted a fire code and it is the intent of the District to adopt the same fire code for enforcement within the District for the benefit of its citizens; and, WHEREAS, the District desires to adopt a fire code and to provide for its enforcement in furtherance of protecting the health and safety of those residing within the territory of the District and in furtherance of preventing fires and medical emergencies; It is, therefore, ORDAINED, RESOLVED AND ORDERED that: Section 1. Adoption of Code (a) Except as otherwise provided in other provisions of this Order, the District adopts the Fire Code, fees, schedules, and other applicable provisions related to same of the City of Round Rock, Texas as of the date of this Order, and as may be amended from time -to - time by the City and the same are hereby adopted and incorporated herein and made a part hereof as though fully set forth herein as provisions of the fire code applicable and enforceable throughout the territory of the District, except within the corporate limits of any municipality Iocated in the territory of the District that has previously adopted a fire code, if any. It is recognized and resolved by the District that said Fire Code as adopted by the City is the International Fire Code, 2006 Edition, with local amendments as provided for therein. 019.21268/Fire Code 2007/Order 100708 Page 1 of 6 Nov 19 2008 1:28PM 3M 5129842015 P.3 (b) For the purpose of determining the types of construction referred to in Appendix B of the IFC, the definitions and descriptions of types of construction provided in the Fire Code of the City of Round Rock, Texas are adopted, and to the extent that such definitions and descriptions have not been adopted, the District hereby adopts Chapter 6 of the latest edition of the International Building Code ("IBC") as a supplement to the Fire Code of the City of Round Rock for enforcement of the District's Fire Code within the territorial limits of the District. (c) The remaining provisions of this Order, together with all provisions incorporated in this Order by reference shall constitute the Fire Code of the District ("Fire Code" or "Code"). (d) In the event of a conflict between the IFC and the express provisions of this Order, the express provisions of this Order shall apply. Section 2. Administration (a) The Fire Chief of the City of Round Rock Fire Department ("Department"), together with such assistants and agents of the District, Department, or third parties as the Fire Chief may designate, are authorized to enforce this Order, to take all actions required or authorized in provisions incorporated in this Order by reference, and to conduct all inspections, review all plans, accept all applications and fees for a permit or approval authorized or required by the terms of this Order, and take any action necessary to fully implement and enforce this Order and the Code adopted hereunder. (b) The Fire Chief, or his designee, shall submit quarterly activity reports to the District, covering inspection, review, and enforcement activities conducted during the prior month. The Fire Chief, or his designee, shall keep an accurate account of all fees, fines, and other funds collected and received pursuant to this Order, the names of the persons upon whose account the same were paid, the date and amount thereof, together with the location of the building or premises to which they relate. (c) Approved plans, specifications, and other reports required by this Order shall be maintained in the central offices of the Round Rock Fire Department for a period of not less than five years following the date such document was submitted to the Department or prepared by the Department, or as otherwise required by statute, law, rule, or regulation of the State of Texas. (d) The District may provide for inspection and other acts necessary to carry out the intent of this Order or the Fire Code, including, but not limited to, hiring employees, retaining contractors, or entering into any necessary agreements with any individual or entity to implement and enforce the Fire Code adopted hereunder throughout the District. Section 3. Right of Entry 019.21268/Fire Code 2007/Order 100708 Page 2 of 6 Nov 19 2008 1:28PM 3M 5129842015 p.4 (a) Whenever necessary to make an inspection or to enforce any of the provisions of this Order for the prevention of fires and medical emergencies, or whenever the Fire Chief has reasonable cause to believe that there exists in any building or upon any premises any condition in violation of this Order, the Fire Chief, or his designated agents, may enter such building or premises at all reasonable times to inspect same or to perform any duty imposed on the Fire Chief by this Order; provided that if such building or premises is occupied, they shall first present proper credentials and demand entry; and, except during construction of the improvement to be inspected, if such building or premises are unoccupied, the agent of the District shall make a reasonable effort to locate the owner or other person(s) having charge or control of the building or premises and demand entry. If such entry is refused, the Fire Chief shall have recourse to every remedy provided by law to secure entry. (b) No owner or occupant or any other person having authority to control access to any building or premises shall fail or neglect, after demand for entry is made as provided in this section 3, to promptly permit entry therein by the Fire Chief or the authorized agent of the Fire Chief for the purpose of inspection and examination pursuant to this Order. Any person violating this section shall be guilty of a Class C Misdemeanor, as defined in Texas Penal Code § 12.23, as amended. Section 4. Stop Work Orders Whenever any work or construction is being done contrary to the provisions of this Order or without any permit or approval required by this Order, the Fire Chief, or the Fire Chiefs designee may order the work or construction stopped by notice in writing served on any person(s) engaged in performing or causing such work to be performed. Whenever work or construction is stopped in accordance with this Section 4, a written notice to stop work issued by the District shall be posted on the property in a manner reasonably visible to any person to perform any work on the property. All persons shall then cease all work or construction on the property until authorized to proceed by the Fire Chief. Any person failing to comply with a notice to stop work, or removing any notice to stop work from any premises without permission of the Fire Chief shall be guilty of a Class C Misdemeanor, as defined in Texas Penal Code § 12.23. Section S. Identification of District, Commissioners, and Appellate Body (a) Whenever the terms "jurisdiction," "authority having jurisdiction," "department," or "bureau of fire prevention" are used in the IFC, same will be a reference to the District and its contracted service provider, the City of Round Rock and the Round Rock Fire Department. All regulatory authority established by the provisions of the IFC incorporated m this Order is established for the District and its contracted service provider, Round Rock Fire Department. (b) Any reference in the provisions of the IFC incorporated in this Order to the "executive body" shall be a reference to the Board of Emergency Services Commissioners of the District. 019.21268/Fire Code 2007/Order 100708 Page 3 of 6 Nov 19 2008 1:29PM 3M 5129842015 p.5 (c) Any reference in the provision of the IFC incorporated in this Order to the "board of appeals" or other appellate body established by the IFC shall be reference to the appellate body or panel, as applicable, referred to in Section 7 of this Order. Section 6. Amendments to IFC (a) The District shall not have a building official or separate code regulating the construction of buildings, including but not limited to, a separate building code, mechanical code, plumbing code, or electrical code, except as expressly incorporated by the terms of this Order. Only parts of other uniform codes that relate to fire safety are incorporated in this Order. Any provision in the IFC or other provision incorporated in this Order by reference that refers to any act to be referred to or conducted by a building official shall be disregarded as though such reference were deleted and all other parts of the affected sentence, section, article, or chapter remained in force and effective. Any reference in the IFC (or other provision incorporated in this Order) to compliance in a manner provided in a building code, electrical code, plumbing code, or mechanical code shall be disregarded except to the extent that the provision of such other code is incorporated in this Order by reference. Such disregard of the manner of compliance shall not otherwise affect the requirement to comply [provided however that if a provision refers to compliance with the term any such other code that is not incorporated in this Order by reference, as opposed to compliance in a manner provided in such other code, the requirement of compliance shall be disregarded altogether]. In the event that the disregard of any such reference is unusual syntax or sentence structure of the remainder of such affected provision, a reasonable interpretation shall be given to the remainder, in light of the intent and purpose of this Order and the authority of the District. (b) The specific sections of the IFC are hereby amended as set forth any ordinance relating to the adoption or enforcement of the Fire Code of the City of Round Rock, Texas, which is referenced and incorporated herein for all purposes, as well as any amendments thereto that may be adopted from time to time. Any future amendments to the Fire Code of the City of Round Rock, Texas shall automatically become amendments Fire Code of the District without further action of the Board of Emergency Services Commissioners of the District, it being the intent of the District to have and enforce the same fire code in the District as is enforced in the City of Round Rock, Texas. If there is a conflict between the Fire Code adopted herein by the District and the Fire Code of the City of Round Rock, Texas, the more stringent provision shall prevail. Section 7. Appeals (a) The Commissioners of the District hereby designate the individual or entity currently established, or to be established from time to time by and for the City of Round Rock, Texas to serve as the appellate body ("appellate body") to hear and decide appeals authorized under the Fire Code and amendments thereto. Any individual or entity who shall make such an appeal shall follow the procedures established by the City of Round Rock from time to time. 019.21268/Fire Code 2007/Order 100704 Page 4 of 6 Nov 19 2008 1:29PM 3M 5129842015 p.6 (b) The appellate body shall hear the timely appeal of any decision of the Fire Chief or other authorized official described in subsection (a). A request to appeal such a decision shall be submitted in writing following the procedures as set forth from time to time by the City of Round Rock, Texas, with a copy addressed to the President of the Board of Emergency Services Commissioners of the District and forwarded to the District's central administrative offices not more than 30 days after the date of the decision or action that is the subject of the appeal. A request to appeal shall include the mailing address and work and/or residence telephone number of the appellant for the purpose of receiving notice of a hearing on the appeal and any other information as may be required from time to time by the City of Round Rock, Texas. A notice of appeal shall not stay the decision or action from which the appeal is taken, except to the extent allowed for by the procedures established by the City of Round Rock, Texas from time to time. (c) The policies and procedures of the City of Round Rock, Texas and the Round Rock Fire Department shall be followed for any appeal allowed for herein or in the Fire Code of the District. Section 8. Penalties (a) Unless otherwise specifically set forth herein, violations of any provision of this Fire Code shall be punished by a fine of up to $2,000.00. Each day that a violation continues after due notice has been given shall be deemed a separate offense. (c) It is the intent of this Fire Code and the Board of Emergency Services Commissioners of the District that the penalties set forth herein, in Exhibit A, and the 2006 International Fire Code, if any, be the penalties for any violation of the Fire Code of the District. In the event of a conflict between this Fire Code and the Fire Code of the City of Round Rock, Texas, the penalties set forth in the Fire Code of the City of Round Rock shall prevail. Section 9. Fees Any fees for the permitting, review, and inspection of occupancies or applications shall be established by resolution from time to time by the City of Round Rock, Texas and such are hereby adopted by the District, without the necessity of amending this Order. For purposes of his Order, the initial fees related to the implementation and enforcement of the Fire Code shall be as set forth in Exhibit A, attached hereto and incorporated herein for all purposes, it being the intent of the District to have and enforce the same fees as charged under the Fire Code of the City of Round Rock, Texas. Section 10. Maintenance of Order A copy of this Order together with all provisions incorporated herein shall be maintained at the central administrative offices of the District for inspection and use by interested 019,21268/Fire Code 2007/Order 100708 Page 5 of 6 Nov 19 2008 1:30PM 3M 5129842015 p.7 persons. The District shall inform any person inquiring where copies of the IFC and other provisions incorporated in this Order may be purchased from the publisher thereof. Section 11. Severability It is the intention of the Commissioners of the District that all provisions set forth or incorporated in this Order shall be fully severable. In the event that any provision of this Order or any provision incorporated in this Order by reference is found by a court of competent jurisdiction to be void or unenforceable, such void or unenforceable provision shall be severed as though it never formed a party of this Order, and all other provisions of this Order shall remain in full force and effect. Section 12. Conflicts All Orders that are in conflict with the provisions of this Order are hereby repealed and all other orders of the District not in conflict with the provisions of this Order remain in full force and effect. Section 12. Notice/Publication The Fire Chief may arrange for any notice or publication of this Order required by applicable law, if any, and maintain proof thereof in the records of the District. Section 15. Effective Date This Order shall be effective the 17 day of AkvfoAcc 2008. ATTEST: 019.21268/Fire Code 2007/Order 100708 WILLIAMSON COUNTY EMERGENCY SERVICES DISTRICT NO. 9 By: cape Page 6 of 6 Jason Yei'verton, President Nov 19 2008 1:30PM 3M 5129842015 p.8 Round Rock Fire Department Proposed Fees Name of Fee Fee Rate Civil Plans Review $50.00 per acre or portion thereof New Building Plans Review $0.05 per square foot Remodel/Finish outs/ additions See below up to $2,000 valuation $15.00 $2,000-$15,000 $25 for first 2,000 plus $1.50 per $1,000 $15,001-$50,000 $50 for first $15,000 plus $1.25 per $1,000 $50,001-$100,000 $100 for first $50,000 plus $1.00 per $1,000 $100,001-$500,000 $150 for first $100,000 plus $0.65 per $1,000 $500,001+ $500 for first 500,000 plus $0.35 per $1,000 Construction re -inspections $50.00 Sprinkler System Plan Review $60 per riser + $2.00 per head over 25 heads. Sprinkler System Partial Visual $25 Fire Systems (ex. Hood, Paint booth, etc). $50.00 Alarm Plans Review $60.00 per panel + $1.00 per device Day Care/Foster Care license $50.00 Hospital/nursing home inspection $1.00 per bed. Open Burning Permit $50 Fireworks permit $50.00 Hydrant Flow tests $100.00 Copy of Fire report or inspection report $3.00 Page 1 of 1