PACE & The TCOU Ordinance. Building Code Inception - 1927 Buildings are built for their intended use and are required to be used according to the Certificate.

PACE & The TCOU Ordinance

Building Code Inception - 1927

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.

– 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

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 UseInternational Building Code

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 UseInternational Building Code

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

Assembly Group A Business Group B Educational Group E Factory Industrial

Group F High-Hazard Group H

Institutional Group I Mercantile Group M Residential Group R Storage Group S Miscellaneous Group

U

Occupancy Classification

Assembly Group A occupancy – 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

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

The Austin Fire Department was given authority to Temporarily Change Uses to public assemblies during the festival.

– 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

In 2003 and 2004 AFD and APD had a problem with Raves and worked collaboratively in resolving the issues.

Public Assembly Permit requirement – Section 105.6.36 had previously never been

adopted by the City of Austin

Place of Assembly Permits

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

– It was designed as an enforcement tool in response to Raves

Current Ordinance Language (with the adoption of the 2003 IFC)

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

Provides a greater number of venues capable of being used as a Place of Assembly– 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

Permit requirement is put into place– 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– 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

Team Members expanded to include: – 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

– 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

First Thursdays Pecan Street Flee Markets Circus & Rodeos Concerts Fraternity Parties Outdoor Music Venues Bars Street Closures

Art Festivals Music Festivals Carnivals Outdoor events SXSW Temporary Uses Temporary Change of

Uses Night Clubs

Types of Venues

Fraternity Parties

Temporary Change of Use to a Public Assembly

What made the Fraternity Party rise to the forefront of the city’s concern.

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.

Complaints from:– 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.

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

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

Permit requirement continues for all temporary venues– 112 Complaints received for suspected non-compliant venues– 282 venues– 68 Official SXSW venues

9 citations issued– 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

Advertising Blitz– 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

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

No major issues throughout Festival PACE participation 33 total complaints

– 23 from SXSW– 10 other sources

80 official SXSW venues 1 citation 1 venue shut down

New TCOU Ordinance Drafted

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

Existing Ordinance– 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

Proposed Ordinance– 12 events per year limitation

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

Per the “2003 International Building Code Commentary”

– “The activities that occur in accessory use areas are necessary for the principle occupancy to properly function”

The interpretation of the International Building Code requires that accessory uses are limited to spaces used only by the occupants of the building.

– Meeting rooms in office buildings Per Ordinance Criteria - Each Fraternity will be

inspected and accessory use defined. – New ordinance will specify an exact point when permit is

required (existing ordinance does not)

Existing Fraternity Assembly Areas

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

PACE WEB SITE http://www.ci.austin.tx.us/pace/default.htm

PACE COMPLAINTS http://www.ci.austin.tx.us/connect/email_pacecomp.htm

PACE GROUP E-MAIL [email protected]

PACE

Questions