Section 105.5 Required operational permits.
El Paso City Code § 9.52.030.5
in effect9.52.030.5 - Section 105.5 Required operational permits.
105.5.22.1 Exempt materials, Added.
The following materials are specifically exempted from any of the permitting requirements in 105.5.22:
a. Inert gases, which do not support combustion, to include argon, helium, krypton, neon, xenon, compressed air, carbon dioxide, and nitrogen. These gasses are subject to regulation under Section 105.5.11 when stored as cryogenic fluids.
b. Any hazardous material that is handled, used, stored, or disposed of and is kept for noncommercial purposes at a private residence in Permissible Quantities.
c. Any material contained in a transportation vehicle when said vehicle is not being used for permanent hazardous materials storage.
d. Any material, which is held solely as a pharmaceutical product.
e. Any hazardous waste material in a hazardous waste management facility that is permitted by the State pursuant to 42 U.S.C. Section 6925; provided, however, such materials shall be listed in the permit application if one is otherwise required.
f. Radioactive material(s) regulated at the Federal or State level; provided, however, that such material(s) be listed in the permit application if one is otherwise required.
g. Any material to the extent it is used in Permissible Quantities in routine agricultural operations by the end user.
h. Commercial products kept in Permissible Quantities and used at a facility solely for janitorial purposes.
i. Any material in interstate transmission facilities or interstate pipeline facilities regulated by 49 U.S.C. Sec. 60101 et. seq. (1997) and any amendments thereto, and any materials in pipeline facilities regulated by Chapter 117 of the Natural Resources Code, Vernon's Ann. Civ. Stat., and any amendments thereto, or subject to Texas Railroad Commission Pipeline Safety Laws and Regulations, and any amendments thereto.
105.5.38 Outdoor assembly event, Amended.
No special event shall be conducted upon a public right-of-way unless a special event permit allowing such activity has been obtained pursuant to this Chapter.
105.5.44 Refrigeration equipment, Amended.
An operational permit is required to operate a mechanical refrigeration unit or system regulated by Chapter 6 of the IFC, and as amended by this Code, containing in excess of 20 pounds of refrigerant, other than air or water.
Exception: Air conditioning units or systems.
105.5.53 Blasting operations, Added.
An operational permit is required to conduct blasting operations. Requirements as set forth in Chapter 56 of the IFC, and as amended by Section 9.52.130 of this Chapter, must be met in order to obtain a blasting permit.
105.5.54 Commercial Day Care Facilities-Children, Added.
An operational permit is required for the operation of a commercial child day care facility.
105.5.55 For Use Permit, Added.
The AHJ may require an operational permit to be issued for any operation, process, special event, public display, or exhibit not specifically covered by this Fire Code when the AHJ deems such operation, process, special event, public display, or exhibit to be hazardous.
105.5.56 Outside Storage of Combustible Material Permit, Added.
Except for operations subject to 105.5.26, 105.5.30, and 105.5.46, an operational permit is required for facilities located at non-residential properties, where the Outside Storage of Combustible Material exists, in a quantity greater than de minimis, as defined in this Subsection.
105.5.56.1 Definitions, Added.
"Baled storage" means combustible material that has been placed in containers other than fully-enclosed containers approved by the Department or grouped together by use of metal or plastic bands for case in loading, transporting and storing in units.
"Combustible Material" means any material or solid waste that poses a significant fire hazard if ignited by a flame, spark, or any other source of ignition, will readily burn under such conditions, and includes, but is not limited to paper, cardboard, wood, plastics, rubber and fluff (as defined in this subchapter). Combustible Material shall not include non-solids, or explosives, as defined by Chapter 33 of the IFC.
"De minimis" means the Outside Storage of Combustible Material (as defined in this subchapter) of a total volume of less than seventy-five (75) cubic yards at a facility.
"Department" means the Fire Department of the City of El Paso, Texas.
"Fire response expense" means the supplies used or expended in responding to a fire emergency including the cost of water and water supplies, response equipment deemed no longer operative, and cost of labor.
"Fluff" means any material that is a by-product of the recycling process that includes but is not limited to, shredding operations, metals separation, compacting or transport operations.
"Loose storage" means the storage of combustible material that is neither baled nor enclosed in containers.
"Non-residential Property" means any property in a district other than a residential- or apartment-zoned district.
"Outside Storage" means storage of any Combustible Material not in a building or structure. Storage of Combustible Material in a fully-enclosed container approved by the Department shall not be considered Outside Storage.
"Pile" means any accumulation of Combustible Material in a heap or mound.
"Unit" means a separate and distinct aggregate of homogeneous stacks, bales, pallet storage units, containers and/or piles of Combustible Material.
105.5.56.2 Permit Application, Added.
The owner or a legally-authorized representative of the owner of a facility regulated by this ordinance shall complete and submit a permit application to the Department, in accordance with the following requirements:
A. An applicant shall submit to the Department an application for an Outside Storage of Combustible Material Permit upon exceeding the De Minimis volume of Combustible Material stored outside at the facility;
B. An applicant that holds a current, valid Outside Combustible Material Storage Permit shall submit a permit renewal application 60 days prior to the permit's expiration;
C. An applicant for an initial permit or permit renewal shall submit at a minimum, the following information, which shall be requested on the permit application form supplied by the Department:
1. Name and physical address of facility;
2. Name and mailing address of facility owner;
3. Name and mailing address of property owner;
4. Description of all Combustible Material stored outside;
5. Estimated quantity (volume) of Combustible Material stored outside;
6. Facility diagram indicating storage area locations for each Unit stored outside;
7. Method of storage for each Unit (baled or loose);
8. Proof of financial responsibility in accordance with Section 105.5.56.8 of this ordinance and as required by any other applicable ordinance; and,
9. The appropriate Tier 1 or Tier 2 permit fee in the amount set by City Council through its budget resolution or other duly adopted resolution.
D. If an owner or a legally-authorized representative of the owner of a facility regulated by this Section fails to submit to the Department an application required by this Section, said failure shall be considered a violation of this Section and shall be subject to the penalties described in Section 9.52.030.17.
105.5.56.3 Issuance, Term and Denial of Permit, Added.
A. The Department shall review all permit applications submitted in accordance with Section 105.5.56.2 and,
B. Within 60 days of a permit renewal or new permit application submitted in accordance with Subsection 105.5.56.2, the Department shall issue a permit renewal or a new permit which, unless revoked, shall be valid for a period of twelve (12) calendar months to the applicant; or
C. The Department shall deny the application in writing and shall inform the applicant of any deficiencies of the permit application if the permit application was incomplete; or
D. Within 30 days of a permit application for a previously revoked permit, the Department shall deny the application in writing if the revocation period of twelve (12) months has not yet elapsed.
105.5.56.4 Revocation of Permit, Added.
The Department may revoke, for a period of up to twelve (12) calendar months from date of written notification, an Outside Storage of Combustible Material Permit issued to an owner or a legally authorized representative of the owner of a facility if one of the following conditions occur:
A. Applicant has supplied the Department false, incorrect or misleading information on an application for permit renewal or new permit;
B. More than two (2) written notices of violation of this Section resulting from inspections by the AHJ have been issued within a period of twelve (12) months to a holder of a current, valid permit; or
C. During or immediately following a fire at a permitted facility, a violation of this Section has occurred and has been documented by the AHJ.
105.5.56.5 Right to Appeal Permit Revocation, Added.
The right to appeal a permit revocation is provided in the City Fire Prevention Code 9.52.030.16 Section 111.1 Board of Appeals and in accordance with Chapter 2.30 of the City Code.
105.5.56.6 Permit Requirements, Added.
A. Tier 1. For facilities that maintain no more than one (1) Unit of loose storage and/or no more than one (1) Unit of baled storage, the following requirements shall be met:
1. A facility fire plan, subject to approval by the AHJ, that includes: a description of all Combustible Material at the facility and the manner in which it is stored, routes of facility evacuation for employees, fire awareness and prevention orientation training for facility employees, site plan indicating fixed structures, Units and fire extinguisher locations, a facility fire alarm system, and a description of security measures to restrict public access to Combustible Material stored outside;
2. A minimum of one (1) type 2A20BC fire extinguisher per Unit, with a distance of no more than 50 feet between the extinguisher and the closest point of the Unit;
3. A minimum of one (1) type 2A20BC fire extinguisher mounted on each vehicle used to manage, load, or move Combustible Material;
4. Installation of a security measure to restrict public access to Combustible Material stored outside by use of a physical barrier, such as a fence or wall, in accordance with applicable zoning ordinance(s);
5. Two mandatory inspections by the department annually no less than three (3) months apart;
6. Payment of Outside Storage of Combustible Material Permit Tier 1 permit fee in the amount set by City Council through its budget resolution or other duly adopted resolution; and
7. Proof of Financial Responsibility for the facility, in the principal sum of $1,000,000.00 and in accordance with Subsection 105.5.56.8 of this ordinance.
B. Tier 2. For facilities that maintain more than one (1) Unit of loose storage, more than two (2) Units of baled storage, or any combination of more than two (2) Units of loose or baled storage, the following requirements shall be met:
1. Provisions 1—5, permit requirements for Tier 1;
2. Payment of Outside Storage of Combustible Material Permit Tier 2 permit fee in the amount set by City Council through its budget resolution or other duly adopted resolution; and
3. Proof of Financial Responsibility for the facility, in the principal sum of $2,000,000.00 and in accordance with Subsection 105.5.56.8 of this ordinance.
105.5.56.7 Storage, Added.
Combustible Material stored outside shall be maintained in accordance with the following requirements:
A. Any array of combustible material whether baled or loose storage:
1. Unit height shall not exceed twelve (12) feet;
2. Unit footprint shall not exceed a perimeter measurement of three hundred (300) feet;
3. A buffer zone shall be established between each Unit and the physical barrier indicated in the permit application of at least twenty (20) feet; and
4. A storage separation space shall be established between individual Units of Combustible Material of at least twenty (20) feet.
B. Storage Separation Space and Fire Safety Buffer Zone:
1. No storage of Combustible Material shall be allowed within the buffer zone or in the storage separation space described in this Subsection. In addition, said buffer zone and storage separation space must at all times be kept free and clear of equipment, material and/or accumulation of waste.
2. A reduction to ten (10) feet for the fire safety buffer zone, as described in the immediately preceding paragraph, may be allowed at a facility where Combustible Material is stored in containers approved by the Department.
3. A reduction of the storage separation space may be allowed where the Combustible Material is stored in containers approved by the Department.
105.5.56.8 Financial Responsibility, Added.
A. Insurance. No permit applicant shall be issued a permit until the applicant presents evidence satisfactory to the AHJ that the applicant meets the following minimum insurance requirements:
1. The applicant shall procure and shall maintain during the term of the permit such public liability insurance naming the permittee performing work associated with the permit as insured, co-insured or additionally insured for claims for damages for personal injury, including accidental death, as well as for claim for property damage that may arise from outside storage of combustible material associated with the facility identified on the permit.
2. Minimum limits of liability and coverage shall be $1,000,000.00 for a Tier 1 Permit or $2,000,000.00, for a Tier 2 Permit, for each occurrence and in the aggregate. Permit applicants that are governmental entities may comply with the insurance requirements of this Subsection by providing certification that they are self-insured.
3. Such insurance shall be written by an accredited insurance company under the supervision of the Board of Insurance Commissioners of the State of Texas. Evidence of compliance with these insurance requirements shall be considered as having been met when a copy of the insurance policy or a certificate of insurance has been filed with and approved by the AHJ. Such policy shall include an endorsement that the City is named as an additional insured to the full amount of the policy limits and that the AHJ shall be notified at least thirty (30) days in advance in the event the policy or policies are canceled and ten (10) days in advance for non-payment of policy premiums. The certificate of insurance shall recite or attach such endorsement for additional insured and the notice requirements. The permitee shall maintain said insurance with a solvent insurance company authorized to do business in Texas. The policy shall provide that the insurer will defend against all claims and lawsuits which arise and will pay any final judgment of a court of competent jurisdiction against the City, its officers, agents, servants or employees, and permittee, his officers, agents, servants or employees. Failure to keep the insurance policy in full force and effect throughout the term of the permit shall be grounds for permit revocation.
4. A permit applicant who has provided certificates of insurance to the City pursuant to the requirements of a Chapter of the City Code other than this Subchapter that meet all of the requirements established in this Subchapter shall not be required to obtain an additional insurance but is required to provide such certificates of insurance showing present coverage as required in this Subchapter. A permittee who has multiple permits under this Chapter is required to provide only one current valid certificate of insurance for all such permits but may be required to provide a copy of the current certificate of insurance with each application under this Subchapter.
105.5.56.9 Nontransferable, Added.
Permits issued under this chapter shall be personal to the permittee, and shall not be assigned or transferred to any other person or entity.
105.5.56.10 Response Expenses, Added.
Any person, persons, or business entity operating under an Outside Storage of Combustible Materials Permit where a fire event has occurred, shall be jointly and severally liable to the City for fire response expenses resulting from such fire event.
(Ord. No. 019521, § 1, 7-5-2023; Ord. No. 019704, §§ 1—4, 1-7-2025)
Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT9HESA_CH9.52FIPRCO_9.52.030.5SE105.5REOPPEFetched: 10/28/2026