2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle A - Seed and Fertilizer › Chapter 63 - Commercial Fertilizer › Subchapter I. Ammonium Nitrate › Section 63.158. Fire Prevention at Ammonium Nitrate Storage Facilities

Sec. 63.158.  FIRE PREVENTION AT AMMONIUM NITRATE STORAGE FACILITIES. (a) The owner or operator of an ammonium nitrate storage facility shall, on request, at a reasonable time:
(1)  allow a fire marshal to enter the facility to make a thorough examination of the facility; and
(2)  allow the local fire department access to the facility to perform a pre-fire planning assessment.
(b)  A fire marshal who determines the presence of one or more of the following hazardous conditions that endangers the safety of a structure or its occupants by promoting or causing fire or combustion shall notify the owner or operator of the facility of the need to correct the condition.  The hazardous conditions are:
(1)  the presence of a flammable substance;
(2)  a dangerous or dilapidated wall, ceiling, or other structural element;
(3)  improper electrical components, heating, or other building services or facilities;
(4)  the presence of a dangerous chimney, flue, pipe, main, or stove, or of dangerous wiring;
(5)  the dangerous storage of substances other than ammonium nitrate or ammonium nitrate material, including storage or use of hazardous substances; or
(6)  inappropriate means of egress, fire protection, or other fire-related safeguard.
(c)  The owner or operator of an ammonium nitrate storage facility shall:
(1)  on request by a fire marshal or the service provide evidence of compliance with:
(A)  Chapter 505 or 507, Health and Safety Code, as applicable; and
(B)  United States Department of Homeland Security registration requirements;
(2)  post National Fire Protection Association 704 warning placards on the outside of the storage area;
(3)  store ammonium nitrate or ammonium nitrate material:
(A)  in a fertilizer storage compartment or bin constructed of wood, metal, or concrete that is protected against impregnation by the ammonium nitrate or ammonium nitrate material; and
(B)  separately from any non-fertilizer materials; and
(4)  separate ammonium nitrate or ammonium nitrate material from combustible or flammable material by 30 feet or more.
(d)  A fire marshal who identifies the existence of a hazardous condition under Subsection (b) or a violation of Subsection (a) or (c) shall notify the service of the condition or violation.
(e)  If notified by a fire marshal of a hazardous condition under Subsection (b), the service may direct the owner or operator of the facility to correct the condition.
(f)  If notified by the fire marshal of a violation of Subsection (a) or (c), the service shall:
(1)  direct the owner or operator of the facility to correct the violation as provided by Subsection (g); or
(2)  take appropriate enforcement action as authorized by this chapter.
(g)  If directed by the service to correct a hazardous condition or a violation, an owner or operator shall remedy the condition or violation before the expiration of a period specified by the service, which may not exceed 10 days. If the service determines that the condition or violation has not been remedied before the expiration of the specified period, the service shall take appropriate enforcement action as authorized by this chapter.
(h)  Section 419.909(b), Government Code, does not apply to an examination of an ammonium nitrate storage facility by a fire marshal under this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 2, eff. June 16, 2015.